HBA-DMD H.B. 2264 76(R)BILL ANALYSIS Office of House Bill AnalysisH.B. 2264 By: Hamric County Affairs 4/12/1999 Committee Report (Amended) BACKGROUND AND PURPOSE H.B. 2264 requires a county purchasing agent to complete not less than 40 hours in courses relating to the duties of the county purchasing agent from an accredited college or university, or recognized by a national purchasing association, such as the National Association of Purchasing Management. This bill also provides that the county must comply with the competitive bidding or competitive proposal procedures before purchasing one or more items that exceed $25,000 in cost. Additionally, this bill authorizes the notice of a proposed purchase to be extended. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 262.011, Local Government Code, by adding Subsection (p), to require a county purchasing agent, during each two-year term of office, to complete not less than 40 hours in courses relating to the duties of the county purchasing agent that must be accredited by a nationally recognized college or university, or recognized by a national purchasing association, such as the National Association of Purchasing Management. SECTION 2. Amends Section 262.023(a), Local Government Code, to increase the amount of a contract expenditure from $15,000 to $25,000, before providing that the county must comply with the competitive bidding or competitive proposal procedures prescribed by this subchapter. SECTION 3. Amends Section 262.026(a), Local Government Code, to authorize the notice of a proposed purchase to be extended if the county purchasing official determines the extension is in the best interest of the county, rather than if the commissioners court discovers an error in the original specifications or the nature of the item requires an extension for the county to best use the provisions of Section 262.030 (Alternative Competitive Proposal Procedure for Insurance, High Technology Items, and Special Services). Provides that all bids, including those received before an extension is made, must be opened at the same time. SECTION 4.Makes application of SECTION 1 of this Act prospective, as it applies to the required 40 hours of courses to be completed by the county purchasing agent. SECTION 5.Effective date: September 1, 1999. SECTION 6.Emergency clause. EXPLANATION OF AMENDMENTS Amendment #1 SECTION 1. Amends Section 262.011, Local Government Code, by amending proposed Subsection (p), to require a county purchasing agent, during each two-year term of office, to complete no less than 25 hours, rather than 40 hours, of courses relating to the duties of the county purchasing agent that must be accredited by a nationally recognized college or university, or recognized by a national purchasing association, such as the National Association of Purchasing Management. Amendment #2 SECTION 3. Strikes SECTION 3 as proposed in the bill. Amends Section 262.026(a), Local Government Code, to authorize the notice of a proposed purchase to be extended if the commissioners court determines the extension is in the best interest of the county, rather than if the commissioners court discovers an error in the original specifications or the nature of the item requires an extension for the county to best use the provisions of Section 262.030 (Alternative Competitive Proposal Procedure for Insurance, High Technology Items, and Special Services). Provides that all bids, including those received before an extension is made, must be opened at the same time. Authorizes the commissioners court to adopt an order delegating the authority to make extensions under this subsection to the county official who makes purchases for the county. Amendment #3 SECTION 1. Amends Section 262.011, Local Government Code, by adding a new Subdivision (3) to proposed Subsection (p), to add courses offered by state agencies related to purchasing to the types of courses by which a county purchasing agent can satisfy the requirements of this subsection.