By Eiland H.B. No. 1564
75R9473 PAM-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to requiring certain special districts to select a
1-3 depository and follow a competitive bidding process.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Chapter 131, Local Government Code, is amended by
1-6 adding Subchapter B to read as follows:
1-7 SUBCHAPTER B. DEPOSITORIES FOR CERTAIN SPECIAL DISTRICTS
1-8 Sec. 131.021. APPLICABILITY. This chapter applies only to a
1-9 special district created under Section 52 of Article III or Section
1-10 59 of Article XVI, Texas Constitution, that is not required to
1-11 establish a depository.
1-12 Sec. 131.022. FUNDS AFFECTED. This chapter applies to the
1-13 funds of the special district or any department or agency of the
1-14 special district.
1-15 Sec. 131.023. ESTABLISHMENT OF AND REQUIREMENTS FOR
1-16 DEPOSITORY. (a) The governing body of the special district shall
1-17 establish a depository as provided by Chapter 105 or 116.
1-18 (b) A depository established under Subsection (a) is subject
1-19 to the same requirements imposed on a depository under the chapter
1-20 of this code that the governing body selects to establish the
1-21 depository.
1-22 Sec. 131.024. MEANING OF TERMS AND REQUIREMENTS. (a)
1-23 Except as provided by Subsection (b), the terms defined by the
1-24 chapter of this code that the governing body of the special
2-1 district selects to establish a depository have the meanings
2-2 assigned by that chapter for purposes of this chapter.
2-3 (b) For purposes of a special district operating under
2-4 Chapter 105:
2-5 (1) the defined term "designated officer" means the
2-6 officer or employee of the special district designated by the
2-7 governing body of the special district to perform the functions of
2-8 a designated officer under Chapter 105;
2-9 (2) a reference to a municipality means the special
2-10 district;
2-11 (3) a reference to the governing body of a
2-12 municipality means the governing body of the special district; and
2-13 (4) a reference to a specific officer or employee of a
2-14 municipality means the officer or employee of the special district
2-15 designated by the governing body of the special district to perform
2-16 the functions of the specific officer or employee under Chapter
2-17 105.
2-18 (c) For purposes of a special district operating under
2-19 Chapter 116:
2-20 (1) a reference to a county means the special
2-21 district;
2-22 (2) a reference to the commissioners court of a county
2-23 means the governing body of the special district; and
2-24 (3) a reference to a specific officer or employee of a
2-25 county means the officer or employee of the special district
2-26 designated by the governing body of the special district to perform
2-27 the functions of the specific officer or employee under Chapter
3-1 116.
3-2 (d) A special district operating under Chapter 116 shall
3-3 select and establish a depository during the same time period
3-4 within which a commissioners court is required to select and
3-5 establish a depository under Chapter 116.
3-6 SECTION 2. Chapter 271, Local Government Code, is amended by
3-7 adding Subchapter G to read as follows:
3-8 SUBCHAPTER G. COMPETITIVE BIDDING REQUIREMENTS FOR CERTAIN
3-9 SPECIAL DISTRICTS
3-10 Sec. 271.121. APPLICABILITY. This chapter applies only to a
3-11 special district created under Section 52 of Article III or Section
3-12 59 of Article XVI, Texas Constitution, that is not required to
3-13 follow a competitive bidding process or another process designed to
3-14 achieve the best value for the special district in its purchases.
3-15 Sec. 271.122. PURCHASING AND CONTRACTING AUTHORITY OF
3-16 CERTAIN SPECIAL DISTRICTS. The governing body of the special
3-17 district shall follow the competitive bidding requirements,
3-18 procedures, and enforcement provisions of Chapter 252 or 262.
3-19 Sec. 271.123. MEANING OF TERMS AND REQUIREMENTS. (a) The
3-20 terms defined by the chapter of this code that the governing body
3-21 of the special district selects to follow for competitive bidding
3-22 requirements have the meanings assigned by that chapter for
3-23 purposes of this chapter.
3-24 (b) For purposes of this chapter, a provision of Chapter 252
3-25 or 262 that limits the application of the provision based on the
3-26 population in the municipality or county applies to a special
3-27 district subject to this subchapter regardless of the population
4-1 limitation imposed under Chapter 252 or 262.
4-2 (c) For purposes of a special district operating under
4-3 Chapter 252:
4-4 (1) a reference to a municipality means the special
4-5 district;
4-6 (2) a reference to the governing body of a
4-7 municipality means the governing body of the special district; and
4-8 (3) a reference to a specific officer or employee of a
4-9 municipality means the officer or employee of the special district
4-10 designated by the governing body of the special district to perform
4-11 the functions of the specific officer or employee under Chapter
4-12 252.
4-13 (d) For purposes of a special district operating under
4-14 Chapter 262:
4-15 (1) a reference to a county means the special
4-16 district;
4-17 (2) a reference to the commissioners court of a county
4-18 means the governing body of the special district;
4-19 (3) a reference to a specific officer or employee of a
4-20 county means the officer or employee of the special district
4-21 designated by the governing body of the special district to perform
4-22 the functions of the specific officer or employee under Chapter
4-23 262;
4-24 (4) a reference to the board in Section 262.011 means
4-25 the governing body of the special district and the provisions
4-26 describing the composition of the board do not apply to the special
4-27 district; and
5-1 (5) Section 262.012 does not apply to the special
5-2 district.
5-3 SECTION 3. The importance of this legislation and the
5-4 crowded condition of the calendars in both houses create an
5-5 emergency and an imperative public necessity that the
5-6 constitutional rule requiring bills to be read on three several
5-7 days in each house be suspended, and this rule is hereby suspended.