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.

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