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.