1-1     By:  Brown                                             S.B. No. 804
 1-2           (In the Senate - Filed February 26, 1997; March 4, 1997, read
 1-3     first time and referred to Committee on Intergovernmental
 1-4     Relations; April 1, 1997, reported favorably by the following vote:
 1-5     Yeas 11, Nays 0; April 1, 1997, sent to printer.)
 1-6                            A BILL TO BE ENTITLED
 1-7                                   AN ACT
 1-8     relating to allowing municipalities to purchase goods for retail
 1-9     sale without following competitive bidding procedures.
1-10           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11           SECTION 1.  Subsection (a), Section 252.022, Local Government
1-12     Code, is amended to read as follows:
1-13           (a)  This chapter does not apply to an expenditure for:
1-14                 (1)  a procurement made because of a public calamity
1-15     that requires the immediate appropriation of money to relieve the
1-16     necessity of the municipality's residents or to preserve the
1-17     property of the municipality;
1-18                 (2)  a procurement necessary to preserve or protect the
1-19     public health or safety of the municipality's residents;
1-20                 (3)  a procurement necessary because of unforeseen
1-21     damage to public machinery, equipment, or other property;
1-22                 (4)  a procurement for personal, professional, or
1-23     planning services;
1-24                 (5)  a procurement for work that is performed and paid
1-25     for by the day as the work progresses;
1-26                 (6)  a purchase of land or a right-of-way;
1-27                 (7)  a procurement of items that are available from
1-28     only one source, including:
1-29                       (A)  items that are available from only one
1-30     source because of patents, copyrights, secret processes, or natural
1-31     monopolies;
1-32                       (B)  films, manuscripts, or books;
1-33                       (C)  electricity, gas, water, and other utility
1-34     services;
1-35                       (D)  captive replacement parts or components for
1-36     equipment;
1-37                       (E)  books, papers, and other library materials
1-38     for a public library that are available only from the persons
1-39     holding exclusive distribution rights to the materials; and
1-40                       (F)  management services provided by a nonprofit
1-41     organization to a municipal museum, park, zoo, or other facility to
1-42     which the organization has provided significant financial or other
1-43     benefits;
1-44                 (8)  a purchase of rare books, papers, and other
1-45     library materials for a public library;
1-46                 (9)  paving drainage, street widening, and other public
1-47     improvements, or related matters, if at least one-third of the cost
1-48     is to be paid by or through special assessments levied on property
1-49     that will benefit from the improvements;
1-50                 (10)  a public improvement project, authorized by the
1-51     voters of the municipality, for which there is a deficiency of
1-52     funds for completing the project in accordance with the plans and
1-53     purposes authorized by the voters;
1-54                 (11)  a payment under a contract by which a developer
1-55     participates in the construction of a public improvement as
1-56     provided by Subchapter C, Chapter 212;
1-57                 (12)  personal property sold:
1-58                       (A)  at an auction by a state licensed
1-59     auctioneer;
1-60                       (B)  at a going out of business sale held in
1-61     compliance with Subchapter F, Chapter 17, Business & Commerce Code;
1-62                       (C)  by a political subdivision of this state, a
1-63     state agency of this state, or an entity of the federal government;
1-64     or
 2-1                       (D)  under an interlocal contract for cooperative
 2-2     purchasing administered by a regional planning commission
 2-3     established under Chapter 391; [or]
 2-4                 (13)  services performed by blind or severely disabled
 2-5     persons; or
 2-6                 (14)  goods purchased by a municipality for subsequent
 2-7     retail sale by the municipality.
 2-8           SECTION 2.  The importance of this legislation and the
 2-9     crowded condition of the calendars in both houses create an
2-10     emergency and an imperative public necessity that the
2-11     constitutional rule requiring bills to be read on three several
2-12     days in each house be suspended, and this rule is hereby suspended,
2-13     and that this Act take effect and be in force from and after its
2-14     passage, and it is so enacted.
2-15                                  * * * * *