1-1 By: Kuempel (Senate Sponsor - Wentworth) H.B. No. 2122
1-2 (In the Senate - Received from the House April 9, 1999;
1-3 April 12, 1999, read first time and referred to Committee on
1-4 Intergovernmental Relations; April 29, 1999, reported favorably by
1-5 the following vote: Yeas 4, Nays 0; April 29, 1999, sent to
1-6 printer.)
1-7 A BILL TO BE ENTITLED
1-8 AN ACT
1-9 relating to competitive bid requirements for certain emergency
1-10 services districts.
1-11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-12 SECTION 1. Section 776.074, Health and Safety Code, is
1-13 amended to read as follows:
1-14 Sec. 776.074. COMPETITIVE BIDS [REQUIREMENT]. (a) Except
1-15 as provided by Subsection (i), the [The] board must submit to
1-16 competitive bids an expenditure of more than $25,000 [$15,000] for
1-17 [the purchase or lease of]:
1-18 (1) one item or service; or
1-19 (2) more than one of the same or a similar type of
1-20 items or services in a fiscal year.
1-21 (b) The board shall request bids on items to be purchased or
1-22 leased or services to be performed as provided by this subsection.
1-23 The board shall notify suppliers, vendors, or providers by
1-24 advertising for bids or by providing at least three suppliers,
1-25 vendors, or purchasers with written notice by mail of the intended
1-26 purchase. If the board decides to advertise for bids, the
1-27 advertisement must be published in accordance with Section
1-28 262.025(a), Local Government Code. If the board receives fewer
1-29 than three bids in response to the advertisement, the board shall
1-30 give written notice directly to at least three suppliers, vendors,
1-31 or providers of the intended purchase. If three suppliers,
1-32 vendors, or providers are not available or known to the board, the
1-33 board shall give written notice by mail directly to each supplier,
1-34 vendor, or provider known to the board [notify at least 10
1-35 suppliers, vendors, or providers of the item or service required
1-36 and inform them of bidding procedure. If at least 10 suppliers,
1-37 vendors, or providers are not available or known to the board, the
1-38 board may give notice to fewer than 10 suppliers, vendors, or
1-39 providers].
1-40 (c) The advertisement or notice for competitive bidding
1-41 must:
1-42 (1) describe the work [service] to be performed or the
1-43 item to be purchased or leased;
1-44 (2) state the location at which the bidding documents,
1-45 plans, specifications, or other data may be examined; and
1-46 (3) state the time and place for submitting bids and
1-47 the time and place that bids will be opened.
1-48 (d) The board may not prepare restrictive bid
1-49 specifications.
1-50 (e) Bids may be opened only by the board at a public meeting
1-51 or by a district officer or employee at a district office.
1-52 (f) [(e)] The board may reject any bid [and all bids]. [The
1-53 board shall award a contract to the lowest responsible bidder.]
1-54 The board may not award a contract to a bidder who is not the
1-55 lowest bidder unless, before the bid is awarded, the lowest bidder
1-56 is given notice of the proposed award and an opportunity to appear
1-57 before the board or its designated representative and present
1-58 evidence concerning the bidder's responsibility.
1-59 (g) [(f)] A contract awarded in violation of this section is
1-60 void.
1-61 (h) [(g)] This section applies to an expenditure of district
1-62 tax revenues by any party [person] or entity[, including a
1-63 volunteer fire department,] for the purchase of services, vehicles,
1-64 equipment, or goods.
2-1 (i) [(h)] This section does not apply to:
2-2 (1) [to] the purchase or lease of real property;
2-3 (2) [to] an item or service that the board determines
2-4 can be obtained from only one source; [or]
2-5 (3) a contract for fire extinguishment and suppression
2-6 services, emergency rescue services, or ambulance services; or
2-7 (4) [to] an emergency expenditure.
2-8 (j) Subsection (i) does not prohibit the board from
2-9 soliciting competitive bids for any item, service, or contract
2-10 listed in Subsection (i).
2-11 (k) A contract for a public works project must be
2-12 administered in accordance with Subchapter B, Chapter 271, Local
2-13 Government Code, except as provided by this section.
2-14 SECTION 2. (a) The changes in law made by this Act apply
2-15 only to a request for competitive bids made by a board of emergency
2-16 commissioners on or after the effective date of this Act.
2-17 (b) A request for competitive bids by a board made before
2-18 the effective date of this Act is covered by the law in effect when
2-19 the board submitted the request for competitive bids, and the
2-20 former law is continued in effect for that purpose.
2-21 SECTION 3. This Act takes effect September 1, 1999.
2-22 SECTION 4. The importance of this legislation and the
2-23 crowded condition of the calendars in both houses create an
2-24 emergency and an imperative public necessity that the
2-25 constitutional rule requiring bills to be read on three several
2-26 days in each house be suspended, and this rule is hereby suspended.
2-27 * * * * *