H.B. No. 2926
1-1 AN ACT
1-2 relating to request for proposal purchasing procedures for certain
1-3 counties.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 262.030, Local Government Code, is
1-6 amended to read as follows:
1-7 Sec. 262.030. ALTERNATIVE COMPETITIVE PROPOSAL PROCEDURE FOR
1-8 INSURANCE, <OR> HIGH TECHNOLOGY ITEMS, OR OTHER ITEMS. (a) Except
1-9 for Subsection (d) of this section, the <The> competitive proposal
1-10 procedure provided by this section may be used for the purchase of
1-11 insurance or high technology items. Quotations must be solicited
1-12 through a request for proposals. Public notice for the request for
1-13 proposals must be made in the same manner as provided in the
1-14 competitive bidding procedure. The request for proposals must
1-15 specify the relative importance of price and other evaluation
1-16 factors. The award of the contract shall be made to the
1-17 responsible offeror whose proposal is determined to be the lowest
1-18 evaluated offer resulting from negotiation, taking into
1-19 consideration the relative importance of price and other evaluation
1-20 factors set forth in the request for proposals.
1-21 (b) If provided in the request for proposals, proposals
1-22 shall be opened so as to avoid disclosure of contents to competing
1-23 offerors and kept secret during the process of negotiation. All
2-1 proposals that have been submitted shall be available and open for
2-2 public inspection after the contract is awarded, except for trade
2-3 secrets and confidential information contained in the proposals and
2-4 identified as such.
2-5 (c) As provided in the request for proposals and under rules
2-6 adopted by the commissioners court, discussions may be conducted
2-7 with responsible offerors who submit proposals determined to be
2-8 reasonably susceptible of being selected for award. Offerors must
2-9 be accorded fair and equal treatment with respect to any
2-10 opportunity for discussion and revision of proposals, and revisions
2-11 may be permitted after submission and before award for the purpose
2-12 of obtaining best and final offers.
2-13 (d) A county having a population of 2,400,000 or more
2-14 according to the most recent federal census may use the competitive
2-15 proposal purchasing method authorized by this section for the
2-16 purchase of insurance or high technology items. In addition, the
2-17 method may be used to purchase other items when the county official
2-18 who makes purchases for the county determines, with the consent of
2-19 the commissioners court, that it is in the best interest of the
2-20 county to make a request for proposals.
2-21 SECTION 2. The importance of this legislation and the
2-22 crowded condition of the calendars in both houses create an
2-23 emergency and an imperative public necessity that the
2-24 constitutional rule requiring bills to be read on three several
2-25 days in each house be suspended, and this rule is hereby suspended.