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 * * * * *