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.