By Hunter H.B. No. 739
75R3621 DRH-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the award by certain municipalities of contracts to
1-3 local bidders.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 252.043, Local Government Code, is
1-6 amended to read as follows:
1-7 Sec. 252.043. AWARD OF CONTRACT. (a) If the competitive
1-8 sealed bidding requirement applies to the contract, the contract
1-9 must be awarded to the lowest responsible bidder, except as
1-10 provided by Subsection (b). The governing body may reject any and
1-11 all bids.
1-12 (b) The governing body of a municipality may give a
1-13 preference in the comparison of bids to a responsible bidder who is
1-14 not the lowest responsible bidder if:
1-15 (1) the principal place of business of that bidder is
1-16 in that municipality;
1-17 (2) the bidder pays to the municipality the property
1-18 tax on the land on which the business is located;
1-19 (3) the bid of that bidder is not more than one
1-20 percent greater than the bid of the lowest responsible bidder; and
1-21 (4) the bidder will match the bid of the lowest
1-22 responsible bidder.
1-23 (c) If the competitive sealed proposals requirement applies
1-24 to the contract, the contract must be awarded to the responsible
2-1 offeror whose proposal is determined to be the most advantageous to
2-2 the municipality considering the relative importance of price and
2-3 the other evaluation factors included in the request for proposals.
2-4 SECTION 2. (a) This Act takes effect September 1, 1997.
2-5 (b) The change in law made by this Act applies only to the
2-6 award of a contract for which the first solicitation of sealed bids
2-7 occurs on or after the effective date of this Act.
2-8 SECTION 3. The importance of this legislation and the
2-9 crowded condition of the calendars in both houses create an
2-10 emergency and an imperative public necessity that the
2-11 constitutional rule requiring bills to be read on three several
2-12 days in each house be suspended, and this rule is hereby suspended.