SRC-JRN H.B. 1161 75(R)   BILL ANALYSIS


Senate Research Center   H.B. 1161
By: Clark (Shapiro)
Intergovernmental Relations
5-15-97
Committee Report (Amended)


DIGEST 

Currently, Sections 252.021 and 271.021, Local Government Code, both apply
to municipalities. These sections may cause confusion because of
overlapping and duplicative bidding requirements. This bill eliminates
duplication of the bidding process by providing that Section 271.021 no
longer applies to municipalities. 

PURPOSE

As proposed, H.B. 1161 eliminates duplication of the bidding process by
providing that Section 271.021, Local Government Code, no longer applies
to municipalities. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 271.021(2), Local Government Code, to delete the
provision that a "governmental entity" includes a municipality.  Makes a
conforming change. 

SECTION 2. Repealer:  Section 271.023, Local Government Code (Municipal
Charter Prevails in Case of Conflict). 

SECTION 3. Amends Section 252.022(a), Local Government Code, to provide
that this chapter does not apply to certain expenditures, including
certain public improvement projects, already in progress. 

SECTION 4. Amends Section 252.043(a), Local Government Code, to prohibit a
bid that has been opened from being changed for the purpose of correcting
an error in the bid price.  Provides that this chapter does not change the
common law right of a bidder to withdraw a bid due to a material mistake
in the bid.  

SECTION 5. Effective date: September 1, 1997.
  Makes application of this Act prospective.

SECTION 6. Emergency clause.

SUMMARY OF COMMITTEE CHANGES

Amendment 1.

Redesignates existing SECTIONS 4 and 5 to SECTIONS 5 and 6.  Sets forth a
new SECTION 4, to amend Section 252.043(a), Local Government Code, to
prohibit a bid that has been opened from being changed for the purpose of
correcting an error in the bid price. Provides that this chapter does not
change the common law right of a bidder to withdraw a bid due to a
material mistake in the bid.