By Longoria H.B. No. 3735
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 contract(s) 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 under a charter granted by the State and,
1-12 governed by officials elected by the people.
1-13 (3) "BUILDING" means a structure, erection,
1-14 alteration, demolition, or excavation on, connected with, or
1-15 beneath the surface of real property.
1-16 Sec. 2 PRIORITY OF MUNICIPALITY ENTITY OR MUNICIPALITY AREA
1-17 CONTRACTOR(S) (a) On any private project where a municipal entity
1-18 provides funding to an Owner for the construction of a building,
1-19 road or other structure, the Owner of the project shall give the
1-20 highest priority in awarding the contract(s) for said project(s) to
1-21 contractor(s) from the municipality or surrounding area of the
2-1 municipality.
2-2 (b) The contractor(s) given the priority under (a), shall be
2-3 contractor(s) who have a current principal place of business in the
2-4 municipality or surrounding municipality area and have maintained
2-5 said principal place of business for at least five (5) years prior
2-6 to the awarding of the contract(s)
2-7 (c) If a contract(s) are not awarded to an contractor(s)
2-8 from the municipality or the municipality area, the Owner must give
2-9 a written report to the municipality of its documented good faith
2-10 efforts to find a qualified contractor(s) in the area.
2-11 Sec. 3 PENALTY. (a) If the Owner does not sufficiently
2-12 document its efforts to award the contract(s) to a municipal, or
2-13 municipal area contractor(s) under section two (2), then the
2-14 municipal entity shall have the right to reconsider the funding of
2-15 the project and withdraw the funds provided for the project.
2-16 (b) If, after review of the documentation, the municipality
2-17 is not satisfied that a municipal, or municipal area contractor(s)
2-18 was given the highest priority as a "responsible bidder" for the
2-19 project, then the municipality may, at its option, reconsider the
2-20 funding of the project and withdraw the funds for the project.
2-21 Sec. 4 EFFECTIVE DATE. (a) This ACT takes effect September
2-22 1, 1999.
2-23 Sec. 5 EMERGENCY CLAUSE. (a) The importance of this
2-24 legislation and the crowded condition of the calendars in both
2-25 houses create an emergency and an imperative public necessity that
3-1 the constitutional rule requiring bills to be read on three several
3-2 days in each house be suspended, and this rule is hereby suspended.