1-1 By: Pitts (Senate Sponsor - Ratliff) H.B. No. 1647
1-2 (In the Senate - Received from the House April 10, 1995;
1-3 April 11, 1995, read first time and referred to Committee on
1-4 Intergovernmental Relations; April 27, 1995, reported adversely,
1-5 with favorable Committee Substitute by the following vote: Yeas 7,
1-6 Nays 0; April 27, 1995, sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR H.B. No. 1647 By: Leedom
1-8 A BILL TO BE ENTITLED
1-9 AN ACT
1-10 relating to purchasing and contracting authority of municipalities.
1-11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-12 SECTION 1. Section 252.001, Local Government Code, is
1-13 amended to read as follows:
1-14 Sec. 252.001. Definitions. In this chapter:
1-15 (1) "Bond funds" includes money in the treasury
1-16 received from the sale of bonds and includes the proceeds of bonds
1-17 that have been voted but have not been issued and delivered.
1-18 (2) "Component purchases" means purchases of the
1-19 component parts of an item that in normal purchasing practices
1-20 would be purchased in one purchase.
1-21 (3) "Current funds" includes money in the treasury,
1-22 taxes in the process of being collected in the current tax year,
1-23 and all other revenue that may be anticipated with reasonable
1-24 certainty in the current tax year.
1-25 (4) "High technology procurement" means the
1-26 procurement of equipment, goods, or services of a highly technical
1-27 nature, including:
1-28 (A) data processing equipment and software and
1-29 firmware used in conjunction with data processing equipment;
1-30 (B) telecommunications equipment and radio and
1-31 microwave systems;
1-32 (C) electronic distributed control systems,
1-33 including building energy management systems; and
1-34 (D) technical services related to those items.
1-35 (5) "Planning services" means services primarily
1-36 intended to guide governmental policy to ensure the orderly and
1-37 coordinated development of the state or of municipal, county,
1-38 metropolitan, or regional land areas.
1-39 (6) <(5)> "Separate purchases" means purchases, made
1-40 separately, of items that in normal purchasing practices would be
1-41 purchased in one purchase.
1-42 (7) <(6)> "Sequential purchases" means purchases, made
1-43 over a period, of items that in normal purchasing practices would
1-44 be purchased in one purchase.
1-45 (8) <(7)> "Time warrant" includes any warrant issued
1-46 by a municipality that is not payable from current funds.
1-47 SECTION 2. Section 252.022(a), Local Government Code, is
1-48 amended to read as follows:
1-49 (a) This chapter does not apply to an expenditure for:
1-50 (1) a procurement made because of a public calamity
1-51 that requires the immediate appropriation of money to relieve the
1-52 necessity of the municipality's residents or to preserve the
1-53 property of the municipality;
1-54 (2) a procurement necessary to preserve or protect the
1-55 public health or safety of the municipality's residents;
1-56 (3) a procurement necessary because of unforeseen
1-57 damage to public machinery, equipment, or other property;
1-58 (4) a procurement for personal, <or> professional, or
1-59 planning services;
1-60 (5) a procurement for work that is performed and paid
1-61 for by the day as the work progresses;
1-62 (6) a purchase of land or a right-of-way;
1-63 (7) a procurement of items that are available from
1-64 only one source, including:
1-65 (A) items that are available from only one
1-66 source because of patents, copyrights, secret processes, or natural
1-67 monopolies;
1-68 (B) films, manuscripts, or books;
2-1 (C) electricity, gas, water, and other utility
2-2 services;
2-3 (D) captive replacement parts or components for
2-4 equipment;
2-5 (E) books, papers, and other library materials
2-6 for a public library that are available only from the persons
2-7 holding exclusive distribution rights to the materials; and
2-8 (F) management services provided by a nonprofit
2-9 organization to a municipal museum, park, zoo, or other facility to
2-10 which the organization has provided significant financial or other
2-11 benefits;
2-12 (8) a purchase of rare books, papers, and other
2-13 library materials for a public library;
2-14 (9) paving drainage, street widening, and other public
2-15 improvements, or related matters, if at least one-third of the cost
2-16 is to be paid by or through special assessments levied on property
2-17 that will benefit from the improvements;
2-18 (10) a public improvement project, authorized by the
2-19 voters of the municipality, for which there is a deficiency of
2-20 funds for completing the project in accordance with the plans and
2-21 purposes authorized by the voters;
2-22 (11) a payment under a contract by which a developer
2-23 participates in the construction of a public improvement as
2-24 provided by Subchapter C, Chapter 212;
2-25 (12) personal property sold:
2-26 (A) at an auction by a state licensed
2-27 auctioneer;
2-28 (B) at a going out of business sale held in
2-29 compliance with Subchapter F, Chapter 17, Business & Commerce Code;
2-30 or
2-31 (C) by a political subdivision of this state, a
2-32 state agency of this state, or an entity of the federal government;
2-33 and
2-34 (13) services performed by blind or severely disabled
2-35 persons.
2-36 SECTION 3. The importance of this legislation and the
2-37 crowded condition of the calendars in both houses create an
2-38 emergency and an imperative public necessity that the
2-39 constitutional rule requiring bills to be read on three several
2-40 days in each house be suspended, and this rule is hereby suspended,
2-41 and that this Act take effect and be in force from and after its
2-42 passage, and it is so enacted.
2-43 * * * * *