By Kuempel H.B. No. 2122
76R5680 MXM-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to competitive bid requirements for certain emergency
1-3 services districts.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 776.074, Health and Safety Code, is
1-6 amended to read as follows:
1-7 Sec. 776.074. COMPETITIVE BIDS [REQUIREMENT]. (a) Except
1-8 as provided by Subsection (i), the [The] board must submit to
1-9 competitive bids an expenditure of more than $25,000 [$15,000] for
1-10 [the purchase or lease of]:
1-11 (1) one item or service; or
1-12 (2) more than one of the same or a similar type of
1-13 items or services in a fiscal year.
1-14 (b) The board shall request bids on items to be purchased or
1-15 leased or services to be performed as provided by this subsection.
1-16 The board shall notify suppliers, vendors, or providers by
1-17 advertising for bids or by providing at least three suppliers,
1-18 vendors, or purchasers with written notice by mail of the intended
1-19 purchase. If the board decides to advertise for bids, the
1-20 advertisement must be published in accordance with Section
1-21 262.025(a), Local Government Code. If the board receives fewer
1-22 than three bids in response to the advertisement, the board shall
1-23 give written notice directly to at least three suppliers, vendors,
1-24 or providers of the intended purchase. If three suppliers,
2-1 vendors, or providers are not available or known to the board, the
2-2 board shall give written notice by mail directly to each supplier,
2-3 vendor, or provider known to the board [notify at least 10
2-4 suppliers, vendors, or providers of the item or service required
2-5 and inform them of bidding procedure. If at least 10 suppliers,
2-6 vendors, or providers are not available or known to the board, the
2-7 board may give notice to fewer than 10 suppliers, vendors, or
2-8 providers].
2-9 (c) The advertisement or notice for competitive bidding
2-10 must:
2-11 (1) describe the work [service] to be performed or the
2-12 item to be purchased or leased;
2-13 (2) state the location at which the bidding documents,
2-14 plans, specifications, or other data may be examined; and
2-15 (3) state the time and place for submitting bids and
2-16 the time and place that bids will be opened.
2-17 (d) The board may not prepare restrictive bid
2-18 specifications.
2-19 (e) Bids may be opened only by the board at a public meeting
2-20 or by a district officer or employee at a district office.
2-21 (f) [(e)] The board may reject any bid [and all bids]. [The
2-22 board shall award a contract to the lowest responsible bidder.]
2-23 The board may not award a contract to a bidder who is not the
2-24 lowest bidder unless, before the bid is awarded, the lowest bidder
2-25 is given notice of the proposed award and an opportunity to appear
2-26 before the board or its designated representative and present
2-27 evidence concerning the bidder's responsibility.
3-1 (g) [(f)] A contract awarded in violation of this section is
3-2 void.
3-3 (h) [(g)] This section applies to an expenditure of district
3-4 tax revenues by any party [person] or entity[, including a
3-5 volunteer fire department,] for the purchase of services, vehicles,
3-6 equipment, or goods.
3-7 (i) [(h)] This section does not apply to:
3-8 (1) [to] the purchase or lease of real property;
3-9 (2) [to] an item or service that the board determines
3-10 can be obtained from only one source; [or]
3-11 (3) a contract for fire extinguishment and suppression
3-12 services, emergency rescue services, or ambulance services; or
3-13 (4) [to] an emergency expenditure.
3-14 (j) Subsection (i) does not prohibit the board from
3-15 soliciting competitive bids for any item, service, or contract
3-16 listed in Subsection (i).
3-17 (k) A contract for a public works project must be
3-18 administered in accordance with Subchapter B, Chapter 271, Local
3-19 Government Code, except as provided by this section.
3-20 SECTION 2. (a) The changes in law made by this Act apply
3-21 only to a request for competitive bids made by a board of emergency
3-22 commissioners on or after the effective date of this Act.
3-23 (b) A request for competitive bids by a board made before
3-24 the effective date of this Act is covered by the law in effect when
3-25 the board submitted the request for competitive bids, and the
3-26 former law is continued in effect for that purpose.
3-27 SECTION 3. This Act takes effect September 1, 1999.
4-1 SECTION 4. The importance of this legislation and the
4-2 crowded condition of the calendars in both houses create an
4-3 emergency and an imperative public necessity that the
4-4 constitutional rule requiring bills to be read on three several
4-5 days in each house be suspended, and this rule is hereby suspended.