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


Senate Research Center   C.S.S.B. 874
77R10033 ATP-FBy: Lindsay
Intergovernmental Relations
3/21/2001
Committee Report (Substituted)


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.  C.S.S.B. 874 authorizes counties to require
prebid 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 COUNTY OR DISTRICT GOVERNED BY
COUNTY.  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 prebid 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 COUNTY OR DISTRICT GOVERNED BY
COUNTY.  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.

SUMMARY OF COMMITTEE CHANGES

 Differs from the original by:

_amending the caption;
_adding Section 262.0256, rather than Subsection (e) to Section 262.025,
Local Government Code; 
_replacing proposed Section 262.027(f), Local Government Code, with new
language; 
_adding Section 271.0565, rather than Subsection (f) to Section 271.055,
Local Government Code; and 
_clarifying the language in all sections of the bill.