1-1 AN ACT
1-2 relating to competitive bidding in connection with certain
1-3 contracts made by counties.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 262.023(b), Local Government Code, is
1-6 amended to read as follows:
1-7 (b) The competitive bidding and competitive proposal
1-8 requirements established by Subsection (a) apply only to contracts
1-9 for which payment will be made from current funds or bond funds or
1-10 through time warrants. However, contracts for which payments will
1-11 be made through certificates of obligation are governed by The
1-12 Certificate of Obligation Act of 1971 (Subchapter C, Chapter 271).
1-13 Contracts for which payment will be made through anticipation notes
1-14 are subject to the competitive bidding provisions of The
1-15 Certificate of Obligation Act of 1971 (Subchapter C, Chapter 271)
1-16 in the same manner as certificates of obligation.
1-17 SECTION 2. Section 262.024(a), Local Government Code, is
1-18 amended to read as follows:
1-19 (a) A contract for the purchase of any of the following
1-20 items is exempt from the requirement established by Section 262.023
1-21 if the commissioners court by order grants the exemption:
1-22 (1) an item that must be purchased in a case of public
1-23 calamity if it is necessary to make the purchase promptly to
1-24 relieve the necessity of the citizens or to preserve the property
2-1 of the county;
2-2 (2) an item necessary to preserve or protect the
2-3 public health or safety of the residents of the county;
2-4 (3) an item necessary because of unforeseen damage to
2-5 public property;
2-6 (4) a personal or professional service;
2-7 (5) any individual work performed and paid for by the
2-8 day, as the work progresses, provided that no individual is
2-9 compensated under this subsection for more than 20 working days in
2-10 any three month period;
2-11 (6) any land or right-of-way;
2-12 (7) an item that can be obtained from only one source,
2-13 including:
2-14 (A) items for which competition is precluded
2-15 because of the existence of patents, copyrights, secret processes,
2-16 or monopolies;
2-17 (B) films, manuscripts, or books;
2-18 (C) electric power, gas, water, and other
2-19 utility services; and
2-20 (D) captive replacement parts or components for
2-21 equipment;
2-22 (8) an item of food;
2-23 (9) personal property sold:
2-24 (A) at an auction by a state licensed
2-25 auctioneer;
2-26 (B) at a going out of business sale held in
2-27 compliance with Subchapter F, Chapter 17, Business & Commerce Code;
3-1 or
3-2 (C) by a political subdivision of this state, a
3-3 state agency of this state, or an entity of the federal government;
3-4 or
3-5 (10) any work performed under a contract for community
3-6 and economic development made by a county under Section 381.004.
3-7 SECTION 3. Section 6, Article 717w, Revised Statutes, is
3-8 amended by adding Subsection (h) to read as follows:
3-9 (h) A county must comply with the competitive bidding
3-10 requirements of Subchapter C, Chapter 271, Local Government Code,
3-11 in connection with a contract to be paid from the proceeds of
3-12 anticipation notes issued for a purpose described by Section 3(1)
3-13 of this article.
3-14 SECTION 4. This Act takes effect September 1, 1997.
3-15 SECTION 5. Section 6(h), Article 717w, Revised Statutes, as
3-16 added by this Act, applies only to anticipation notes authorized by
3-17 an order adopted by the commissioners court of a county on or after
3-18 September 1, 1997.
3-19 SECTION 6. The importance of this legislation and the
3-20 crowded condition of the calendars in both houses create an
3-21 emergency and an imperative public necessity that the
3-22 constitutional rule requiring bills to be read on three several
3-23 days in each house be suspended, and this rule is hereby suspended.
_______________________________ _______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 2179 was passed by the House on April
25, 1997, by a non-record vote.
_______________________________
Chief Clerk of the House
I certify that H.B. No. 2179 was passed by the Senate on May
16, 1997, by a viva-voce vote.
_______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor