1-1 By: Farabee (Senate Sponsor - Lindsay) H.B. No. 1981
1-2 (In the Senate - Received from the House April 2, 2001;
1-3 April 3, 2001, read first time and referred to Committee on
1-4 Intergovernmental Relations; April 26, 2001, reported adversely,
1-5 with favorable Committee Substitute by the following vote: Yeas 5,
1-6 Nays 0; April 26, 2001, sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR H.B. No. 1981 By: Lindsay
1-8 A BILL TO BE ENTITLED
1-9 AN ACT
1-10 relating to competitive purchasing procedures applying to certain
1-11 purchases and contracts of governmental entities.
1-12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-13 SECTION 1. Subchapter C, Chapter 262, Local Government Code,
1-14 is amended by adding Section 262.0225 to read as follows:
1-15 Sec. 262.0225. ADDITIONAL COMPETITIVE PROCEDURES. (a) In
1-16 the procedure for competitive bidding under this subchapter, the
1-17 commissioners court of the county shall provide all bidders with
1-18 the opportunity to bid on the same items on equal terms and have
1-19 bids judged according to the same standards as set forth in the
1-20 specifications.
1-21 (b) A county shall receive bids or proposals under this
1-22 subchapter in a fair and confidential manner.
1-23 (c) A county may receive bids or proposals under this
1-24 subchapter in hard-copy format or through electronic transmission.
1-25 A county shall accept any bids or proposals submitted in hard-copy
1-26 format.
1-27 SECTION 2. Section 262.023(a), Local Government Code, is
1-28 amended to read as follows:
1-29 (a) Before a county may purchase one or more items under a
1-30 contract that will require an expenditure exceeding $25,000, the
1-31 commissioners court of the county must comply with the competitive
1-32 bidding or competitive proposal procedures prescribed by this
1-33 subchapter. [All bids or proposals must be sealed.]
1-34 SECTION 3. Subchapter C, Chapter 262, Local Government Code,
1-35 is amended by adding Section 262.0235 to read as follows:
1-36 Sec. 262.0235. PROCEDURES ADOPTED BY COUNTY PURCHASING
1-37 AGENTS FOR ELECTRONIC BIDS OR PROPOSALS. The county purchasing
1-38 agent, before receiving electronic bids or proposals, shall adopt
1-39 rules in conformance with Section 262.011(o) to ensure the
1-40 identification, security, and confidentiality of electronic bids or
1-41 proposals.
1-42 SECTION 4. Subchapter A, Chapter 271, Local Government Code,
1-43 is amended by adding Section 271.0065 to read as follows:
1-44 Sec. 271.0065. ADDITIONAL COMPETITIVE PROCEDURES. (a) In
1-45 any procedure for competitive bidding under this subchapter, the
1-46 governing body shall provide all bidders with the opportunity to
1-47 bid on the same items on equal terms and have bids judged according
1-48 to the same standards as set forth in the specifications.
1-49 (b) A governmental agency shall receive bids or proposals
1-50 under this subchapter in a fair and confidential manner.
1-51 (c) A governmental agency may receive bids or proposals
1-52 under this subchapter in hard-copy format or through electronic
1-53 transmission. A governmental agency shall accept any bids or
1-54 proposals submitted in hard-copy format.
1-55 SECTION 5. Subchapter B, Chapter 271, Local Government Code,
1-56 is amended by adding Section 271.0245 to read as follows:
1-57 Sec. 271.0245. ADDITIONAL COMPETITIVE PROCEDURES. (a) In
1-58 the procedure for competitive bidding under this subchapter, the
1-59 governing body of the governmental entity shall provide all bidders
1-60 with the opportunity to bid on the same items on equal terms and
1-61 have bids judged according to the same standards as set forth in
1-62 the specifications.
1-63 (b) A governmental entity shall receive bids under this
1-64 subchapter in a fair and confidential manner.
2-1 (c) A governmental entity may receive bids under this
2-2 subchapter in hard-copy format or through electronic transmission.
2-3 A governmental entity shall accept any bids submitted in hard-copy
2-4 format.
2-5 SECTION 6. This Act takes effect September 1, 2001.
2-6 * * * * *