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.