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.