1-1 AN ACT
1-2 relating to competitive purchasing procedures applying to certain
1-3 purchases and contracts of governmental entities.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subchapter C, Chapter 262, Local Government Code,
1-6 is amended by adding Section 262.0225 to read as follows:
1-7 Sec. 262.0225. ADDITIONAL COMPETITIVE PROCEDURES. (a) In
1-8 the procedure for competitive bidding under this subchapter, the
1-9 commissioners court of the county shall provide all bidders with
1-10 the opportunity to bid on the same items on equal terms and have
1-11 bids judged according to the same standards as set forth in the
1-12 specifications.
1-13 (b) A county shall receive bids or proposals under this
1-14 subchapter in a fair and confidential manner.
1-15 (c) A county may receive bids or proposals under this
1-16 subchapter in hard-copy format or through electronic transmission.
1-17 A county shall accept any bids or proposals submitted in hard-copy
1-18 format.
1-19 SECTION 2. Section 262.023(a), Local Government Code, is
1-20 amended to read as follows:
1-21 (a) Before a county may purchase one or more items under a
1-22 contract that will require an expenditure exceeding $25,000, the
1-23 commissioners court of the county must comply with the competitive
1-24 bidding or competitive proposal procedures prescribed by this
2-1 subchapter. [All bids or proposals must be sealed.]
2-2 SECTION 3. Subchapter C, Chapter 262, Local Government Code,
2-3 is amended by adding Section 262.0235 to read as follows:
2-4 Sec. 262.0235. PROCEDURES ADOPTED BY COUNTY PURCHASING
2-5 AGENTS FOR ELECTRONIC BIDS OR PROPOSALS. The county purchasing
2-6 agent, before receiving electronic bids or proposals, shall adopt
2-7 rules in conformance with Section 262.011(o) to ensure the
2-8 identification, security, and confidentiality of electronic bids or
2-9 proposals.
2-10 SECTION 4. Subchapter A, Chapter 271, Local Government Code,
2-11 is amended by adding Section 271.0065 to read as follows:
2-12 Sec. 271.0065. ADDITIONAL COMPETITIVE PROCEDURES. (a) In
2-13 any procedure for competitive bidding under this subchapter, the
2-14 governing body shall provide all bidders with the opportunity to
2-15 bid on the same items on equal terms and have bids judged according
2-16 to the same standards as set forth in the specifications.
2-17 (b) A governmental agency shall receive bids or proposals
2-18 under this subchapter in a fair and confidential manner.
2-19 (c) A governmental agency may receive bids or proposals
2-20 under this subchapter in hard-copy format or through electronic
2-21 transmission. A governmental agency shall accept any bids or
2-22 proposals submitted in hard-copy format.
2-23 SECTION 5. Subchapter B, Chapter 271, Local Government Code,
2-24 is amended by adding Section 271.0245 to read as follows:
2-25 Sec. 271.0245. ADDITIONAL COMPETITIVE PROCEDURES. (a) In
2-26 the procedure for competitive bidding under this subchapter, the
2-27 governing body of the governmental entity shall provide all bidders
3-1 with the opportunity to bid on the same items on equal terms and
3-2 have bids judged according to the same standards as set forth in
3-3 the specifications.
3-4 (b) A governmental entity shall receive bids under this
3-5 subchapter in a fair and confidential manner.
3-6 (c) A governmental entity may receive bids under this
3-7 subchapter in hard-copy format or through electronic transmission.
3-8 A governmental entity shall accept any bids submitted in hard-copy
3-9 format.
3-10 SECTION 6. Subchapter C, Chapter 252, Local Government Code,
3-11 is amended by adding Section 252.0415 to read as follows:
3-12 Sec. 252.0415. PROCEDURES FOR ELECTRONIC BIDS OR PROPOSALS.
3-13 (a) A municipality may receive bids or proposals under this
3-14 chapter through electronic transmission if the governing body of
3-15 the municipality adopts rules to ensure the identification,
3-16 security, and confidentiality of electronic bids or proposals and
3-17 to ensure that the electronic bids or proposals remain effectively
3-18 unopened until the proper time.
3-19 (b) Notwithstanding any other provision of this chapter, an
3-20 electronic bid or proposal is not required to be sealed. A
3-21 provision of this chapter that applies to a sealed bid or proposal
3-22 applies to a bid or proposal received through electronic
3-23 transmission in accordance with the rules adopted under Subsection
3-24 (a).
3-25 SECTION 7. This Act takes effect September 1, 2001.
_______________________________ _______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 1981 was passed by the House on March
29, 2001, by a non-record vote; and that the House concurred in
Senate amendments to H.B. No. 1981 on May 25, 2001, by a non-record
vote.
_______________________________
Chief Clerk of the House
I certify that H.B. No. 1981 was passed by the Senate, with
amendments, on May 17, 2001, by a viva-voce vote.
_______________________________
Secretary of the Senate
APPROVED: __________________________
Date
__________________________
Governor