By Marchant H.B. No. 1992
77R3603 PAM-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to permitting a municipality to consider financing
1-3 alternatives submitted in competitive bids.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subchapter C, Chapter 252, Local Government Code,
1-6 is amended by adding Section 252.0415 to read as follows:
1-7 Sec. 252.0415. CONSIDERATION OF FINANCING TERMS SUBMITTED IN
1-8 BIDS. (a) A municipality must specify in the notice required
1-9 under Section 252.041 that the municipality will consider financing
1-10 alternatives submitted by a bidder if the municipality intends to
1-11 consider bids that offer different bid prices that are contingent
1-12 on whether a financing alternative offered by the bidder is
1-13 accepted by the municipality.
1-14 (b) If the municipality provides the notice prescribed by
1-15 Subsection (a), a bidder may submit a bid:
1-16 (1) that is not contingent on a financing alternative;
1-17 or
1-18 (2) that offers different bid prices that are
1-19 contingent on whether a financing alternative offered by the bidder
1-20 is accepted by the municipality.
1-21 (c) If a municipality does not comply with the notice
1-22 requirements of Subsection (a), it shall reject all bids that offer
1-23 different bid prices that are contingent on whether a financing
1-24 alternative offered by the bidder is accepted by the municipality.
2-1 (d) A municipality that complies with Subsection (a) may
2-2 award the contract to the lowest responsible bidder as provided by
2-3 Section 252.043 based on:
2-4 (1) a bid price that is not contingent on a financing
2-5 alternative; or
2-6 (2) any bid price offered that is contingent on a
2-7 financing alternative offered by the bidder if the municipality
2-8 determines that the financing alternative provides the best value
2-9 for the municipality.
2-10 SECTION 2. This Act takes effect immediately if it receives
2-11 a vote of two-thirds of all the members elected to each house, as
2-12 provided by Section 39, Article III, Texas Constitution. If this
2-13 Act does not receive the vote necessary for immediate effect, this
2-14 Act takes effect September 1, 2001.