1-1     By Jackson                                            H.B. No. 1764

 1-2     75R1001 DRH-D                           

 1-3                                   AN ACT

 1-4     relating to allowing municipalities to purchase goods for retail

 1-5     sale without following competitive bidding procedures.

 1-6           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-7           SECTION 1.  Section 252.022(a), Local Government Code, is

 1-8     amended to read as follows:

 1-9           (a)  This chapter does not apply to an expenditure for:

1-10                 (1)  a procurement made because of a public calamity

1-11     that requires the immediate appropriation of money to relieve the

1-12     necessity of the municipality's residents or to preserve the

1-13     property of the municipality;

1-14                 (2)  a procurement necessary to preserve or protect the

1-15     public health or safety of the municipality's residents;

1-16                 (3)  a procurement necessary because of unforeseen

1-17     damage to public machinery, equipment, or other property;

1-18                 (4)  a procurement for personal, professional, or

1-19     planning services;

1-20                 (5)  a procurement for work that is performed and paid

1-21     for by the day as the work progresses;

1-22                 (6)  a purchase of land or a right-of-way;

1-23                 (7)  a procurement of items that are available from

1-24     only one source, including:

1-25                       (A)  items that are available from only one

1-26     source because of patents, copyrights, secret processes, or natural

1-27     monopolies;

1-28                       (B)  films, manuscripts, or books;

1-29                       (C)  electricity, gas, water, and other utility

1-30     services;

1-31                       (D)  captive replacement parts or components for

1-32     equipment;

1-33                       (E)  books, papers, and other library materials

 2-1     for a public library that are available only from the persons

 2-2     holding exclusive distribution rights to the materials; and

 2-3                       (F)  management services provided by a nonprofit

 2-4     organization to a municipal museum, park, zoo, or other facility to

 2-5     which the organization has provided significant financial or other

 2-6     benefits;

 2-7                 (8)  a purchase of rare books, papers, and other

 2-8     library materials for a public library;

 2-9                 (9)  paving drainage, street widening, and other public

2-10     improvements, or related matters, if at least one-third of the cost

2-11     is to be paid by or through special assessments levied on property

2-12     that will benefit from the improvements;

2-13                 (10)  a public improvement project, authorized by the

2-14     voters of the municipality, for which there is a deficiency of

2-15     funds for completing the project in accordance with the plans and

2-16     purposes authorized by the voters;

2-17                 (11)  a payment under a contract by which a developer

2-18     participates in the construction of a public improvement as

2-19     provided by Subchapter C, Chapter 212;

2-20                 (12)  personal property sold:

2-21                       (A)  at an auction by a state licensed

2-22     auctioneer;

2-23                       (B)  at a going out of business sale held in

2-24     compliance with Subchapter F, Chapter 17, Business & Commerce Code;

2-25                       (C)  by a political subdivision of this state, a

2-26     state agency of this state, or an entity of the federal government;

2-27     or

2-28                       (D)  under an interlocal contract for cooperative

2-29     purchasing administered by a regional planning commission

2-30     established under Chapter 391; [or]

2-31                 (13)  services performed by blind or severely disabled

2-32     persons; or

2-33                 (14)  goods purchased by a municipality for subsequent

2-34     retail sale by the municipality.

 3-1           SECTION 2.  The importance of this legislation and the

 3-2     crowded condition of the calendars in both houses create an

 3-3     emergency and an imperative public necessity that the

 3-4     constitutional rule requiring bills to be read on three several

 3-5     days in each house be suspended, and this rule is hereby suspended,

 3-6     and that this Act take effect and be in force from and after its

 3-7     passage, and it is so enacted.