By Walker                                             H.B. No. 2002
         77R4962 PAM-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to exempting the purchase of certain recreational services
 1-3     performed on county-owned land in certain counties from competitive
 1-4     bidding and competitive proposal procedures.
 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-6           SECTION 1.  The heading to Section 262.024, Local Government
 1-7     Code, is amended to read as follows:
 1-8           Sec. 262.024.  DISCRETIONARY EXEMPTIONS.
 1-9           SECTION 2.  Subchapter C, Chapter 262, Local Government Code,
1-10     is amended by adding a new Section 262.0241 and redesignating the
1-11     existing Section 262.0241 as Section 262.0245 to read as follows:
1-12           Sec. 262.0241.  MANDATORY EXEMPTIONS:  CERTAIN RECREATIONAL
1-13     SERVICES.  (a)  This section applies only to a county that:
1-14                 (1)  has a population of 20,000 or less; and
1-15                 (2)  owns not more than one golf course open for public
1-16     use.
1-17           (b)  The competitive bidding and competitive proposal
1-18     procedures prescribed by this subchapter do not apply to the
1-19     purchase of:
1-20                 (1)  management services for:
1-21                       (A)  a county-owned golf course; or
1-22                       (B)  a retail facility owned by the county and
1-23     located on the premises of the golf course; and
1-24                 (2)  landscape maintenance services for a county-owned
 2-1     golf course.
 2-2           Sec. 262.0245 [262.0241].  COMPETITIVE BIDDING PROCEDURES
 2-3     ADOPTED BY COUNTY PURCHASING AGENTS.  A county purchasing agent
 2-4     shall adopt procedures that provide for competitive bidding, to the
 2-5     extent practicable under the circumstances, for the county purchase
 2-6     of an item under a contract that is not subject to competitive
 2-7     bidding under Section 262.023.
 2-8           SECTION 3.  This Act takes effect immediately if it receives
 2-9     a vote of two-thirds of all the members elected to each house, as
2-10     provided by Section 39, Article III, Texas Constitution.  If this
2-11     Act does not receive the vote necessary for immediate effect, this
2-12     Act takes effect September 1, 2001.