By Hamric H.B. No. 2264
76R7075 DRH-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the qualifications of a county purchasing agent and to
1-3 county purchasing procedures.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 262.011, Local Government Code, is
1-6 amended by adding Subsection (p) to read as follows:
1-7 (p) During each two-year term of office, a county purchasing
1-8 agent shall complete not less than 40 hours in courses relating to
1-9 the duties of the county purchasing agent. The courses must be:
1-10 (1) accredited by a nationally recognized college or
1-11 university; or
1-12 (2) recognized by a national purchasing association,
1-13 such as the National Association of Purchasing Management.
1-14 SECTION 2. Section 262.023(a), Local Government Code, is
1-15 amended to read as follows:
1-16 (a) Before a county may purchase one or more items under a
1-17 contract that will require an expenditure exceeding $25,000
1-18 [$15,000], the commissioners court of the county must comply with
1-19 the competitive bidding or competitive proposal procedures
1-20 prescribed by this subchapter. All bids or proposals must be
1-21 sealed.
1-22 SECTION 3. Section 262.026(a), Local Government Code, is
1-23 amended to read as follows:
1-24 (a) The county official who makes purchases for the county
2-1 shall open the bids on the date specified in the notice. The date
2-2 specified in the notice may be extended if the county official who
2-3 makes purchases for the county determines the extension is in the
2-4 best interest of the county. All bids, including those received
2-5 before an extension is made, must be opened at the same time [by
2-6 the commissioners court if an error is discovered in the original
2-7 specifications or the nature of the item to be purchased requires
2-8 an extension for the county to best use the provisions of Section
2-9 262.030].
2-10 SECTION 4. The change in law made in Section 1 of this Act,
2-11 relating to the requirement that a county purchasing agent complete
2-12 40 hours in courses involving county purchasing, applies only to
2-13 each term of office of a county purchasing agent that begins on or
2-14 after the effective date of this Act.
2-15 SECTION 5. This Act takes effect September 1, 1999.
2-16 SECTION 6. The importance of this legislation and the
2-17 crowded condition of the calendars in both houses create an
2-18 emergency and an imperative public necessity that the
2-19 constitutional rule requiring bills to be read on three several
2-20 days in each house be suspended, and this rule is hereby suspended.
2-21 COMMITTEE AMENDMENT NO. 1
2-22 Amend HB 2264 as follows:
2-23 In Section 262.011, Local Government Code, in Section 1 of
2-24 the bill (page 1, line 8) strike "40" and substitute "25".
2-25 Chisum
2-26 COMMITTEE AMENDMENT NO. 2
2-27 Amend H.B. 2264 as follows:
3-1 (1) Strike all of SECTION 3, and replace with the following:
3-2 SECTION 3. Section 262.026(a), Local Government Code, is
3-3 amended to read as follows:
3-4 (a) The county official who makes purchases for the county
3-5 shall open the bids on the date specified in the notice. The date
3-6 specified in the notice may be extended if the commissioners court
3-7 determines the extension is in the best interest of the county.
3-8 All bids, including those received before an extension is made,
3-9 must be opened at the same time. The commissioners court may adopt
3-10 an order that delegates the authority to make extensions under this
3-11 subsection to the county official who makes purchases for the
3-12 county [by the commissioners court if an error is discovered in the
3-13 original specifications or the nature of the item to be purchased
3-14 requires an extension for the county to best use the provisions of
3-15 Section 262.030].
3-16 Chisum
3-17 COMMITTEE AMENDMENT NO. 3
3-18 Amend H.B. 2264 by adding the following to SECTION 1, Section
3-19 262.011, of the Local Government Code on Page 1, lines 13 and 14:
3-20 ; or (3) courses offered by state agencies related to purchasing.
3-21 Swinford