AN ACT
1-1 relating to the purchasing and contracting authority of certain
1-2 local governments.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 791.025, Government Code, is amended to
1-5 read as follows:
1-6 Sec. 791.025. CONTRACTS FOR PURCHASES. (a) A local
1-7 government, including a council of governments, may agree with
1-8 another local government or with the state or a state agency,
1-9 including the [State Purchasing and] General Services Commission,
1-10 to purchase goods and services.
1-11 (b) A local government, including a council of governments,
1-12 may agree with another local government, including a nonprofit
1-13 corporation that is created and operated to provide one or more
1-14 governmental functions and services, or with the state or a state
1-15 agency, including the General Services Commission, to purchase
1-16 goods and any services reasonably required for the installation,
1-17 operation, or maintenance of the goods. This subsection does not
1-18 apply to services provided by firefighters, police officers, or
1-19 emergency medical personnel.
1-20 (c) A local government that purchases goods and services
1-21 under this section satisfies the requirement of the local
1-22 government to seek competitive bids for the purchase of the goods
1-23 and services.
2-1 (d) In this section, "council of governments" means a
2-2 regional planning commission created under Chapter 391, Local
2-3 Government Code.
2-4 SECTION 2. Chapter 271, Local Government Code, is amended by
2-5 adding Subchapter G to read as follows:
2-6 SUBCHAPTER G. PURCHASES FROM FEDERAL SCHEDULE SOURCES OF SUPPLY
2-7 Sec. 271.103. FEDERAL SUPPLY SCHEDULE SOURCES. (a) A local
2-8 government may purchase goods or services available under Federal
2-9 supply schedules of the United States General Services
2-10 Administration to the extent permitted by federal law.
2-11 (b) A local government that purchases goods or services
2-12 under this subchapter satisfies any state law requiring the local
2-13 government to seek competitive bids for the purchase of the goods
2-14 or services.
2-15 SECTION 3. Section 381.003, Local Government Code, is
2-16 amended by amending Subsection (c) and adding Subsection (d) to
2-17 read as follows:
2-18 (c) The commissioners court of a county may provide services
2-19 authorized by Chapter 2308, Government Code, if the commissioners
2-20 court enters into a contract with a local workforce development
2-21 board for the provision of services authorized by Chapter 2308,
2-22 Government Code. The commissioners court may collect fees for the
2-23 services performed and for unreimbursed costs associated with the
2-24 provision of the services unless:
2-25 (1) state law prohibits the collection of the fee or
3-1 unreimbursed cost; or
3-2 (2) the service provided is a service described by
3-3 Subsections (a) and (b), 29 U.S.C. Section 49f.
3-4 (d) This section does not authorize a commissioners court to
3-5 exercise any ordinance-making authority not otherwise specifically
3-6 granted by state law.
3-7 SECTION 4. The importance of this legislation and the
3-8 crowded condition of the calendars in both houses create an
3-9 emergency and an imperative public necessity that the
3-10 constitutional rule requiring bills to be read on three several
3-11 days in each house be suspended, and this rule is hereby suspended,
3-12 and that this Act take effect and be in force from and after its
3-13 passage, and it is so enacted.
_______________________________ _______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 395 passed the Senate on
April 17, 1997, by the following vote: Yeas 31, Nays 0; and that
the Senate concurred in House amendments on May 22, 1997, by the
following vote: Yeas 31, Nays 0.
_______________________________
Secretary of the Senate
I hereby certify that S.B. No. 395 passed the House, with
amendments, on May 21, 1997, by the following vote: Yeas 145,
Nays 0, two present not voting.
_______________________________
Chief Clerk of the House
Approved:
_______________________________
Date
_______________________________
Governor