By Puente H.B. No. 210
75R1054 CAS-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to competitive bidding on certain school district
1-3 contracts; providing a criminal penalty.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 44.031, Education Code, is amended by
1-6 adding Subsection (m) to read as follows:
1-7 (m) A contract proposed to be made by the board of trustees
1-8 of a school district for insurance must be submitted to competitive
1-9 bidding if the contract is valued at more than $5,000.
1-10 SECTION 2. Sections 44.032(b) and (c), Education Code, are
1-11 amended to read as follows:
1-12 (b) An officer, employee, or agent of a school district
1-13 commits an offense if the person with criminal negligence makes or
1-14 authorizes separate, sequential, or component purchases to avoid
1-15 the requirements of Section 44.031(a), [or] (b), (l), or (m). An
1-16 offense under this subsection is a Class B misdemeanor and is an
1-17 offense involving moral turpitude.
1-18 (c) An officer, employee, or agent of a school district
1-19 commits an offense if the person with criminal negligence violates
1-20 Section 44.031(a), [or] (b), (l), or (m) other than by conduct
1-21 described by Subsection (b). An offense under this subsection is a
1-22 Class B misdemeanor and is an offense involving moral turpitude.
1-23 SECTION 3. (a) Section 44.031(m), Education Code, as added
1-24 by this Act, applies only to a contract for insurance the board of
2-1 trustees of a school district enters into on or after the effective
2-2 date of this Act.
2-3 (b) The change in law made by Section 2 of this Act
2-4 affecting Section 44.031(l), Education Code, applies only to an
2-5 offense committed on or after the effective date of this Act. For
2-6 purposes of this subsection, an offense is committed before the
2-7 effective date of this Act if any element of the offense occurs
2-8 before that date. An offense committed before the effective date
2-9 of this Act is covered by the law in effect when the offense was
2-10 committed, and the former law is continued in effect for that
2-11 purpose.
2-12 SECTION 4. This Act takes effect September 1, 1997.
2-13 SECTION 5. The importance of this legislation and the
2-14 crowded condition of the calendars in both houses create an
2-15 emergency and an imperative public necessity that the
2-16 constitutional rule requiring bills to be read on three several
2-17 days in each house be suspended, and this rule is hereby suspended.