JH H.B. 1764 75(R)BILL ANALYSIS URBAN AFFAIRS H.B. 1764 By: Jackson 3-19-97 Committee Report (Unamended) BACKGROUND The city competitive bid act requires cities to purchase most goods from the lowest bidder according to a competitive sealed bid system. It also requires that bidders compete on a "level playing field," meaning that bid specifications cannot be so restrictive as to "spec out" potential bidders. Unfortunately, this rule applies even when a city buys goods for resale to the public at a city concession facility. Thus, a city golf course cannot specify a particular brand of golf balls or equipment for sale in its pro shop, even though their customers prefer that brand and refuse to buy any other. There are currently 13 exceptions to the requirement of awarding to the lowest bidder in the act. PURPOSE HB 1764 would add a 14th exception to the bid statute -- goods purchased by cities for retail to the public. This would allow city facility pro shops to purchase and stock their specific brands of goods that their customers ask for and will buy. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 252.022 of the Local Government Code by adding subdivision (a)14) as an exception to the competitive bid requirements for goods bought for sale at retail by municipalities. SECTION 2. Emergency clause.