By Eiland H.B. No. 1564
75R3948 PAM-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to requiring all political subdivisions 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 POLITICAL SUBDIVISIONS
1-8 Sec. 131.021. APPLICABILITY. This chapter applies only to a
1-9 political subdivision that is not subject to:
1-10 (1) Chapter 105 or 116; or
1-11 (2) any other law requiring a political subdivision to
1-12 establish a depository.
1-13 Sec. 131.022. FUNDS AFFECTED. This chapter applies to the
1-14 funds of the political subdivision or any department or agency of
1-15 the political subdivision.
1-16 Sec. 131.023. ESTABLISHMENT OF AND REQUIREMENTS FOR
1-17 DEPOSITORY. (a) The governing body of the political subdivision
1-18 shall establish a depository as provided by Chapter 105 or 116.
1-19 (b) A depository established under Subsection (a) is subject
1-20 to the same requirements imposed on a depository under the chapter
1-21 of this code that the governing body selects to establish the
1-22 depository.
1-23 Sec. 131.024. MEANING OF TERMS. (a) Except as provided by
1-24 Subsection (b), the terms defined by the chapter of this code that
2-1 the governing body of the political subdivision selects to
2-2 establish a depository have the meaning assigned by that chapter
2-3 for purposes of this chapter.
2-4 (b) For purposes of a political subdivision operating under
2-5 Chapter 105:
2-6 (1) the defined term "designated officer" means the
2-7 officer or employee of the political subdivision designated by the
2-8 governing body of the political subdivision to perform the
2-9 functions of a designated officer under Chapter 105;
2-10 (2) a reference to a municipality means the political
2-11 subdivision;
2-12 (3) a reference to the governing body of a
2-13 municipality means the governing body of the political subdivision;
2-14 and
2-15 (4) a reference to a specific officer or employee of a
2-16 municipality means the officer or employee of the political
2-17 subdivision designated by the governing body of the political
2-18 subdivision to perform the functions of the specific officer or
2-19 employee under Chapter 105.
2-20 (c) For purposes of a political subdivision operating under
2-21 Chapter 116:
2-22 (1) a reference to a county means the political
2-23 subdivision;
2-24 (2) a reference to the commissioners court of a county
2-25 means the governing body of the political subdivision; and
2-26 (3) a reference to a specific officer or employee of a
2-27 county means the officer or employee of the political subdivision
3-1 designated by the governing body of the political subdivision to
3-2 perform the functions of the specific officer or employee under
3-3 Chapter 116.
3-4 (d) A political subdivision operating under Chapter 116
3-5 shall select and establish a depository during the same time period
3-6 within which a commissioners court is required to select and
3-7 establish a depository under Chapter 116.
3-8 SECTION 2. Chapter 271, Local Government Code, is amended by
3-9 adding Subchapter G to read as follows:
3-10 SUBCHAPTER G. COMPETITIVE BIDDING REQUIREMENTS FOR CERTAIN
3-11 POLITICAL SUBDIVISIONS
3-12 Sec. 271.121. APPLICABILITY. This chapter applies only to a
3-13 political subdivision that is not subject to the competitive
3-14 bidding requirements of:
3-15 (1) another subchapter of this chapter;
3-16 (2) Chapter 252 or 262; or
3-17 (3) any other law requiring a political subdivision to
3-18 follow a competitive bidding process or another process designed to
3-19 achieve the best value for the political subdivision in its
3-20 purchases.
3-21 Sec. 271.122. PURCHASING AND CONTRACTING AUTHORITY OF
3-22 CERTAIN POLITICAL SUBDIVISIONS. The governing body of the
3-23 political subdivision shall follow the competitive bidding
3-24 requirements, procedures, and enforcement provisions of Chapter 252
3-25 or 262.
3-26 Sec. 271.123. MEANING OF TERMS. (a) The terms defined by
3-27 the chapter of this code that the governing body of the political
4-1 subdivision selects to follow for competitive bidding requirements
4-2 have the meaning assigned by that chapter for purposes of this
4-3 chapter.
4-4 (b) For purposes of this chapter, a provision of Chapter 252
4-5 or 262 that limits the application of the provision based on the
4-6 population in the municipality or county applies to a political
4-7 subdivision subject to this subchapter regardless of the population
4-8 limitation imposed under Chapter 252 or 262.
4-9 (c) For purposes of a political subdivision operating under
4-10 Chapter 252:
4-11 (1) a reference to a municipality means the political
4-12 subdivision;
4-13 (2) a reference to the governing body of a
4-14 municipality means the governing body of the political subdivision;
4-15 and
4-16 (3) a reference to a specific officer or employee of a
4-17 municipality means the officer or employee of the political
4-18 subdivision designated by the governing body of the political
4-19 subdivision to perform the functions of the specific officer or
4-20 employee under Chapter 252.
4-21 (d) For purposes of a political subdivision operating under
4-22 Chapter 262:
4-23 (1) a reference to a county means the political
4-24 subdivision;
4-25 (2) a reference to the commissioners court of a county
4-26 means the governing body of the political subdivision;
4-27 (3) a reference to a specific officer or employee of a
5-1 county means the officer or employee of the political subdivision
5-2 designated by the governing body of the political subdivision to
5-3 perform the functions of the specific officer or employee under
5-4 Chapter 262;
5-5 (4) a reference to the board in Section 262.011 means
5-6 the governing body of the political subdivision and the provisions
5-7 describing the composition of the board do not apply to the
5-8 political subdivision; and
5-9 (5) Section 262.012 does not apply to the political
5-10 subdivision.
5-11 SECTION 3. The importance of this legislation and the
5-12 crowded condition of the calendars in both houses create an
5-13 emergency and an imperative public necessity that the
5-14 constitutional rule requiring bills to be read on three several
5-15 days in each house be suspended, and this rule is hereby suspended.