By: Barrientos S.B. No. 1820
Line and page numbers may not match official copy.
Bill not drafted by TLC or Senate E&E.
A BILL TO BE ENTITLED
AN ACT
1-1 Relating to the awarding of contract(s) for private projects for
1-2 which municipal entities have provided funding.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1, Chapter 20, Revised Statutes, is amended by
1-5 adding to read as follows
1-6 Sec.1 DEFINITIONS.
1-7 (1) "OWNER" means an individual, corporation, partnership,
1-8 association, and any other legal entity.
1-9 (2) "MUNICIPAL" means an incorporated municipality in the
1-10 U.S. governed under a charter granted by the State and, governed by
1-11 officials elected by the people.
1-12 (3) "BUILDING" means a structure, erection, alteration,
1-13 demolition, or excavation on, connected with, or beneath the
1-14 surface of real property.
1-15 Sec. 2 PRIORITY OF MUNICIPALITY ENTITY OR MUNICIPALITY AREA
1-16 CONTRACTOR(S).
1-17 (a) On any private project where a municipal entity provides
1-18 funding to an Owner for the construction of a building, road or
1-19 other structure, the Owner of the project shall give the highest
1-20 priority in awarding the contract(s) for said project(s) to
1-21 contractor(s) from the municipality or surrounding area of the
1-22 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 an contractor(s)
2-7 from the municipality or the municipality area, the Owner must give
2-8 a written report to the municipality of its documented good faith
2-9 efforts to find a qualified contactor(s) in the area.
2-10 Sec. 3 PENALTY.
2-11 (a) If the Owner does not sufficiently document its efforts
2-12 to award the contract(s) to a municipal, or municipal area
2-13 contractor(s) under section two (2), then the municipal entity
2-14 shall have the right to reconsider the funding of the project and
2-15 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.
2-22 (a) This ACT takes effect September 1, 1999.
2-23 Sec. 5. EMERGENCY CLAUSE.
2-24 (a) The importance of this legislation and the crowded
2-25 condition of the calendars in both houses create an emergency and
2-26 an imperative public necessity that the constitutional rule
3-1 requiring bills to be read on three several days in each house be
3-2 suspended, and this rule is hereby suspended.