SRC-JEC S.B. 874 77(R)BILL ANALYSIS


Senate Research CenterS.B. 874
By: Lindsay
Intergovernmental Relations
6/20/2001
Enrolled


DIGEST AND PURPOSE 

Current law prohibits counties from requiring pre-bid conferences as a
precondition for having a bid accepted for goods and services.  Pre-bid
conferences are useful for establishing a clear project understanding for
all bidders.  They clarify basic requirements and procedures for bidding;
highlight specific project issues that must be addressed to bid
effectively; and provide a forum for questions and answers in the presence
of other prospective bidders.  S.B. 874 authorizes certain counties to
require pre-bid conferences. 

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a
state officer, institution, or agency.  

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Chapter 262C, Local Government Code, by adding Section
262.0256, as follows: 

Sec. 262.0256.  PRE-BID CONFERENCE FOR CERTAIN COUNTIES OR A DISTRICT
GOVERNED BY THOSE COUNTIES.  (a) Provides that this section applies only to
a county with a population of 2.8 million or more.   

(b)  Authorizes the commissioners court of a county or the governing body
of a district or authority created under Section 59, Article XVI
(Conservation and Development of Natural Resources; Conservation and
Reclamation Districts), Texas Constitution, if the governing body is the
commissioners court of the county in which the district is located, to
require a principal, officer, or employee of each prospective bidder to
attend a mandatory pre-bid conference conducted for the purpose of
discussing contract requirements and answering questions of prospective
bidders. 

SECTION 2.  Amends Section 262.027, Local Government Code, by adding
Subsection (f), to authorize the commissioners court to condition
acceptance of a bid on compliance with a requirement for attendance at a
mandatory pre-bid conference under Section 262.0256. 

SECTION 3.  Amends Chapter 271C, Local Government Code, by adding Section
271.0565, as follows: 

Sec. 271.0565.  PRE-BID CONFERENCE FOR CERTAIN COUNTIES OR A DISTRICT
GOVERNED BY THOSE COUNTIES.  Makes conforming changes. 

SECTION 4.  Amends Section 271.057, Local Government Code, by providing an
exception, and by adding Subsection (b), to make conforming changes. 

SECTION 5.  Effective date: upon passage or September 1, 2001.