AN ACT
1-1 relating to allowing municipalities to purchase goods for retail
1-2 sale without following competitive bidding procedures.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Subsection (a), Section 252.022, Local Government
1-5 Code, is amended to read as follows:
1-6 (a) This chapter does not apply to an expenditure for:
1-7 (1) a procurement made because of a public calamity
1-8 that requires the immediate appropriation of money to relieve the
1-9 necessity of the municipality's residents or to preserve the
1-10 property of the municipality;
1-11 (2) a procurement necessary to preserve or protect the
1-12 public health or safety of the municipality's residents;
1-13 (3) a procurement necessary because of unforeseen
1-14 damage to public machinery, equipment, or other property;
1-15 (4) a procurement for personal, professional, or
1-16 planning services;
1-17 (5) a procurement for work that is performed and paid
1-18 for by the day as the work progresses;
1-19 (6) a purchase of land or a right-of-way;
1-20 (7) a procurement of items that are available from
1-21 only one source, including:
1-22 (A) items that are available from only one
1-23 source because of patents, copyrights, secret processes, or natural
2-1 monopolies;
2-2 (B) films, manuscripts, or books;
2-3 (C) electricity, gas, water, and other utility
2-4 services;
2-5 (D) captive replacement parts or components for
2-6 equipment;
2-7 (E) books, papers, and other library materials
2-8 for a public library that are available only from the persons
2-9 holding exclusive distribution rights to the materials; and
2-10 (F) management services provided by a nonprofit
2-11 organization to a municipal museum, park, zoo, or other facility to
2-12 which the organization has provided significant financial or other
2-13 benefits;
2-14 (8) a purchase of rare books, papers, and other
2-15 library materials for a public library;
2-16 (9) paving drainage, street widening, and other public
2-17 improvements, or related matters, if at least one-third of the cost
2-18 is to be paid by or through special assessments levied on property
2-19 that will benefit from the improvements;
2-20 (10) a public improvement project, authorized by the
2-21 voters of the municipality, for which there is a deficiency of
2-22 funds for completing the project in accordance with the plans and
2-23 purposes authorized by the voters;
2-24 (11) a payment under a contract by which a developer
2-25 participates in the construction of a public improvement as
3-1 provided by Subchapter C, Chapter 212;
3-2 (12) personal property sold:
3-3 (A) at an auction by a state licensed
3-4 auctioneer;
3-5 (B) at a going out of business sale held in
3-6 compliance with Subchapter F, Chapter 17, Business & Commerce Code;
3-7 (C) by a political subdivision of this state, a
3-8 state agency of this state, or an entity of the federal government;
3-9 or
3-10 (D) under an interlocal contract for cooperative
3-11 purchasing administered by a regional planning commission
3-12 established under Chapter 391; [or]
3-13 (13) services performed by blind or severely disabled
3-14 persons; or
3-15 (14) goods purchased by a municipality for subsequent
3-16 retail sale by the municipality.
3-17 SECTION 2. The importance of this legislation and the
3-18 crowded condition of the calendars in both houses create an
3-19 emergency and an imperative public necessity that the
3-20 constitutional rule requiring bills to be read on three several
3-21 days in each house be suspended, and this rule is hereby suspended,
3-22 and that this Act take effect and be in force from and after its
3-23 passage, and it is so enacted.
_______________________________ _______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 804 passed the Senate on
April 10, 1997, by the following vote: Yeas 31, Nays 0.
_______________________________
Secretary of the Senate
I hereby certify that S.B. No. 804 passed the House on
May 2, 1997, by the following vote: Yeas 142, Nays 0, two present
not voting.
_______________________________
Chief Clerk of the House
Approved:
_______________________________
Date
_______________________________
Governor