By Garcia H.B. No. 3676
Line and page numbers may not match official copy.
Bill not drafted by TLC or Senate E&E.
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the awarding of contracts for private projects for
1-3 which municipal entities have provided funding.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Chapter 20, Revised Statutes, is amended by
1-6 adding to read as follows:
1-7 Sec. 1. DEFINITIONS.
1-8 (1) "OWNER" means an individual, corporation,
1-9 partnership, association, and any other legal entity.
1-10 (2) "MUNICIPAL" means an incorporated municipality in
1-11 the U.S., governed by officials elected by the people.
1-12 (3) "BUILDING" means a structure, erection,
1-13 alteration, demolition, or excavation on, connected with, or
1-14 beneath the surface of real property.
1-15 Sec. 2. PRIORITY OF MUNICIPALITY ENTITY OR MUNICIPALITY AREA
1-16 CONTRACTOR(S). (a) On any private project where a municipal
1-17 entity provides funding to an Owner for the construction of a
1-18 building, road or other structure, the Owner of the project shall
1-19 give the highest priority in awarding the contract(s) for said
1-20 project(s) to contractor(s) from the municipality or surrounding
1-21 area of the municipality.
2-1 (b) The contractor(s) given the priority under (a), shall be
2-2 contractor(s) who have a current principal place of business in the
2-3 municipality or surrounding municipality area and have maintained
2-4 said principal place of business for at least five (5) years prior
2-5 to the awarding of the contract(s).
2-6 (c) If a contract(s) are not awarded to a contractor(s) from
2-7 the municipality or the municipality area, the Owner must give a
2-8 written report to the municipality of its documented good faith
2-9 efforts to find a qualified contractor(s) in the area.
2-10 Sec. 3. PENALTY (a) If the Owner does not sufficiently
2-11 document its efforts to award the contract(s) to a municipal, or
2-12 municipal area contractor(s) under section 2, then the municipal
2-13 entity shall have the right to reconsider the funding of the
2-14 project and withdraw the funds provided for the project.
2-15 (b) If, after review of the documentation, the municipality
2-16 is not satisfied that a municipal, or municipal area contractor(s)
2-17 was given the highest priority as a "responsible bidder" for the
2-18 project, then the municipality may, at its option, reconsider the
2-19 funding of the project and withdraw the funds for the project.
2-20 Sec. 4. EFFECTIVE DATE. This Act will take effect September
2-21 1, 1999.
2-22 SECTION 2. 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 rules requiring bills to be read on three several
3-1 days in each house be suspended, and this rule is hereby suspended,
3-2 and this rule is hereby suspended.