1-1 By: Clark (Senate Sponsor - Shapiro) H.B. No. 1161
1-2 (In the Senate - Received from the House May 6, 1997;
1-3 May 7, 1997, read first time and referred to Committee on
1-4 Intergovernmental Relations; May 16, 1997, reported favorably, as
1-5 amended, by the following vote: Yeas 11, Nays 0; May 16, 1997,
1-6 sent to printer.)
1-7 COMMITTEE AMENDMENT NO. 1 By: Shapiro
1-8 Amend HB 1161 by adding a new appropriately numbered section
1-9 to read as follows, and renumbering existing sections accordingly:
1-10 SECTION _____. Section 252.043(a), Local Government Code, is
1-11 amended to read as follows:
1-12 (a) If the competitive sealed bidding requirement applies to
1-13 the contract, the contract must be awarded to the lowest
1-14 responsible bidder. The governing body may reject any and all
1-15 bids. A bid that has been opened may not be changed for the
1-16 purpose of correcting an error in the bid price. This chapter does
1-17 not change the common law right of a bidder to withdraw a bid due
1-18 to a material mistake in the bid.
1-19 A BILL TO BE ENTITLED
1-20 AN ACT
1-21 relating to uniform competitive bidding requirements for
1-22 municipalities.
1-23 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-24 SECTION 1. Section 271.021(2), Local Government Code, is
1-25 amended to read as follows:
1-26 (2) "Governmental entity" means:
1-27 (A) a county;
1-28 (B) [a municipality;]
1-29 [(C)] a common or independent school district;
1-30 (C) [(D)] a hospital district or authority;
1-31 (D) [(E)] a housing authority; or
1-32 (E) [(F)] an agency or instrumentality of the
1-33 governmental entities described by Paragraphs (A) through (D)
1-34 [(E)].
1-35 SECTION 2. Section 271.023, Local Government Code, is
1-36 repealed.
1-37 SECTION 3. Section 252.022(a), Local Government Code, is
1-38 amended to read as follows:
1-39 (a) This chapter does not apply to an expenditure for:
1-40 (1) a procurement made because of a public calamity
1-41 that requires the immediate appropriation of money to relieve the
1-42 necessity of the municipality's residents or to preserve the
1-43 property of the municipality;
1-44 (2) a procurement necessary to preserve or protect the
1-45 public health or safety of the municipality's residents;
1-46 (3) a procurement necessary because of unforeseen
1-47 damage to public machinery, equipment, or other property;
1-48 (4) a procurement for personal, professional, or
1-49 planning services;
1-50 (5) a procurement for work that is performed and paid
1-51 for by the day as the work progresses;
1-52 (6) a purchase of land or a right-of-way;
1-53 (7) a procurement of items that are available from
1-54 only one source, including:
1-55 (A) items that are available from only one
1-56 source because of patents, copyrights, secret processes, or natural
1-57 monopolies;
1-58 (B) films, manuscripts, or books;
1-59 (C) electricity, gas, water, and other utility
1-60 services;
1-61 (D) captive replacement parts or components for
1-62 equipment;
1-63 (E) books, papers, and other library materials
1-64 for a public library that are available only from the persons
2-1 holding exclusive distribution rights to the materials; and
2-2 (F) management services provided by a nonprofit
2-3 organization to a municipal museum, park, zoo, or other facility to
2-4 which the organization has provided significant financial or other
2-5 benefits;
2-6 (8) a purchase of rare books, papers, and other
2-7 library materials for a public library;
2-8 (9) paving drainage, street widening, and other public
2-9 improvements, or related matters, if at least one-third of the cost
2-10 is to be paid by or through special assessments levied on property
2-11 that will benefit from the improvements;
2-12 (10) a public improvement project, already in
2-13 progress, authorized by the voters of the municipality, for which
2-14 there is a deficiency of funds for completing the project in
2-15 accordance with the plans and purposes authorized by the voters;
2-16 (11) a payment under a contract by which a developer
2-17 participates in the construction of a public improvement as
2-18 provided by Subchapter C, Chapter 212;
2-19 (12) personal property sold:
2-20 (A) at an auction by a state licensed
2-21 auctioneer;
2-22 (B) at a going out of business sale held in
2-23 compliance with Subchapter F, Chapter 17, Business & Commerce Code;
2-24 (C) by a political subdivision of this state, a
2-25 state agency of this state, or an entity of the federal government;
2-26 or
2-27 (D) under an interlocal contract for cooperative
2-28 purchasing administered by a regional planning commission
2-29 established under Chapter 391; or
2-30 (13) services performed by blind or severely disabled
2-31 persons.
2-32 SECTION 4. This Act takes effect September 1, 1997, and
2-33 applies only to a contract for which a municipality first solicits
2-34 bids or proposals on or after that date.
2-35 SECTION 5. The importance of this legislation and the
2-36 crowded condition of the calendars in both houses create an
2-37 emergency and an imperative public necessity that the
2-38 constitutional rule requiring bills to be read on three several
2-39 days in each house be suspended, and this rule is hereby suspended.
2-40 * * * * *