By Solomons H.B. No. 2318
Line and page numbers may not match official copy.
Bill not drafted by TLC or Senate E&E.
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the use of electronically transmitted information in
1-3 county and municipal procedures for the purchase, sale, or lease of
1-4 items.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Subchapter A, Chapter 252, Local Government Code,
1-7 is amended by adding Section 252.004 to read as follows:
1-8 Sec. 252.004. CERTAIN ELECTRONIC TRANSMISSIONS PERMITTED.
1-9 (a) Under the competitive sealed bidding and competitive sealed
1-10 proposal procedures prescribed by this chapter, a municipality may
1-11 receive bids or requests for proposals through the Internet or by
1-12 other electronic means if the municipality implements security
1-13 measures regarding the electronic transmission of information that
1-14 ensure bids and proposals are not viewed by unauthorized persons or
1-15 tampered with and that they remain effectively unopened until the
1-16 proper time.
1-17 (b) For the purposes of this chapter, a bid or proposal is
1-18 considered sealed if it is received by a municipality through the
1-19 Internet or by other electronic means in accordance with security
1-20 measures that the municipality implements under Subsection (a).
1-21 SECTION 2. Section 252.041(a), Local Government Code, is
1-22 amended to read as follows:
2-1 (a) If the competitive sealed bidding requirement applies to
2-2 the contract, notice of the time and place at which the bids will
2-3 be publicly opened and read aloud must be published at least once a
2-4 week for two consecutive weeks in a newspaper published in the
2-5 municipality or posted for at least two consecutive weeks on the
2-6 municipality's Internet website. The date of the first publication
2-7 or Internet posting must be before the 14th day before the date set
2-8 to publicly open the bids and read them aloud. If no newspaper is
2-9 published in the municipality and the municipality does not have an
2-10 Internet website, the notice must be posted at the city hall for 14
2-11 days before the date set to publicly open the bids and read them
2-12 aloud.
2-13 SECTION 3. Subchapter C, Chapter 262, Local Government Code,
2-14 is amended by adding Section 262.0235 to read as follows:
2-15 Sec. 262.0235. CERTAIN ELECTRONIC TRANSMISSIONS PERMITTED.
2-16 (a) Under the competitive bidding and competitive proposal
2-17 procedures prescribed by this chapter, a county may receive bids or
2-18 requests for proposals through the Internet or by other electronic
2-19 means if the county implements security measures regarding the
2-20 electronic transmission of information that ensure bids and
2-21 proposals are not viewed by unauthorized persons or tampered with
2-22 and that they remain effectively unopened until the proper time.
2-23 (b) For the purposes of this chapter, a bid or proposal is
2-24 considered sealed if it is received by a county through the
2-25 Internet or by other electronic means in accordance with security
2-26 measures that the county implements under Subsection (a).
3-1 SECTION 4. Section 262.025(a), Local Government Code, is
3-2 amended to read as follows:
3-3 (a) A notice of a proposed purchase must be published at
3-4 least once a week in a newspaper of general circulation in the
3-5 county, or posted for at least two consecutive weeks on the
3-6 county's Internet website, with the first day of publication or
3-7 Internet posting occurring before the 14th day before the date of
3-8 the bid opening. If there is no newspaper of general circulation in
3-9 the county and the county does not have an Internet website, the
3-10 notice must be posted in a prominent place in the courthouse for 14
3-11 days before the date of the bid opening.
3-12 SECTION 5. Section 263.007, Local Government Code, is amended
3-13 to read as follows:
3-14 Sec. 263.007. SALE OR LEASE OF REAL PROPERTY THROUGH
3-15 SEALED-BID PROCEDURE. (a) The commissioners court of a county may
3-16 adopt a procedure by which the county may sell or lease through a
3-17 sealed-bid or sealed-proposal procedure any real property,
3-18 including space in a building, owned by the county.
3-19 (b) A procedure adopted by the commissioners court under
3-20 Subsection (a) may provide for the county to receive bids or
3-21 proposals through the Internet or by other electronic means if the
3-22 county implements security measures regarding the electronic
3-23 transmission of information that ensure bids and proposals are not
3-24 viewed by unauthorized persons or tampered with and that they
3-25 remain effectively unopened until the proper time. For the
3-26 purposes of this section, a bid or proposal is considered sealed if
4-1 it is received by a county through the Internet or by other
4-2 electronic means in accordance with security measures that the
4-3 county implements under this subsection.
4-4 (c) As an alternative to the notice provisions described by
4-5 Subsection (d), the commissioners court may provide for the county
4-6 to post notice on the county's Internet website of its intent to
4-7 sell or lease real property under this section. The notice must:
4-8 (1) be posted on the county's Internet website for at
4-9 least two consecutive weeks, with the first day of the posting
4-10 occurring before the 14th day before the date the award of the sale
4-11 or lease is made; and
4-12 (2) include the information described by Subsections
4-13 (d)(3) and (4).
4-14 (d) Except as provided by Subsection (c), the [(b) The]
4-15 procedure must include a requirement that the county publish,
4-16 before a sale or lease is made, a notice of its intent to sell or
4-17 lease, as appropriate, the real property. The notice must:
4-18 (1) be published in a newspaper of general circulation
4-19 in the county the commissioners court represents and, if the real
4-20 property is located in another county, in a newspaper of general
4-21 circulation in that other county;
4-22 (2) be published on two dates, with the date of the
4-23 second publication occurring before the 14th day before the date
4-24 the award of the sale or lease is made;
4-25 (3) include a description of the real property,
4-26 including its location; and
5-1 (4) include a description of the procedure by which
5-2 sealed bids or sealed proposals for the sale or lease may be
5-3 submitted.
5-4 (e) [(c)] Before selling property under this section, the
5-5 commissioners court shall:
5-6 (1) obtain an appraisal of the property's fair market
5-7 value; and
5-8 (2) determine a minimum bid amount, based on the
5-9 appraisal.
5-10 (f) [(d)] Under the procedure, the commissioners court may
5-11 reject any and all bids submitted.
5-12 (g)(1) [(e)(1)] The commissioners court of a county may
5-13 lease real property owned or controlled by the county that was
5-14 formerly owned or controlled by the Texas Department of Mental
5-15 Health and Mental Retardation to a federal, state, or local
5-16 government entity for any purpose or to a nonprofit organization
5-17 that is exempt from federal taxation under Section 501(c)(3),
5-18 Internal Revenue Code of 1986 (26 U.S.C. Section 501(c)(3)), to
5-19 conduct health and human service activities or such other
5-20 activities which the commissioners court finds to be in the public
5-21 interest, without using the sealed-bid or sealed-proposal process
5-22 described in Subsection (a) and without using any other competitive
5-23 bidding process which would otherwise be required by law.
5-24 (2) The commissioners court of a county with a
5-25 population of one million or more that contains two or more
5-26 municipalities with a population of 250,000 or more may lease real
6-1 property owned or controlled by the county to a for-profit entity
6-2 to conduct health and human service activities which the
6-3 commissioners court finds to be in the public interest, without
6-4 using the sealed-bid or sealed-proposal process described in
6-5 Subsection (a) and without using any other competitive bidding
6-6 process which would otherwise be required by law.
6-7 (3) If the commissioners court of a county chooses to
6-8 lease under this subsection, the commissioners court shall declare
6-9 its intent to do so through written notice posted in the same place
6-10 and manner as the commissioners court posts its regular meeting
6-11 agenda not later than 30 days prior to the beginning of the lease
6-12 period. In setting the terms and conditions of the lease,
6-13 including but not limited to the amount of the lease payment, the
6-14 commissioners court may consider local business custom regarding
6-15 leases and the reasonable market value of the leasehold, but the
6-16 commissioners court is not bound thereby and may also consider the
6-17 extent to which the provision of services or the other activities
6-18 to be performed by the lessee will benefit the public. This
6-19 subsection does not limit the ability of a commissioners court to
6-20 enter into interlocal agreements, contracts, or any other
6-21 arrangement permitted by law.
6-22 (h) [(f)] The procedure authorized by this section is an
6-23 alternative procedure to the procedure authorized by Section
6-24 272.001.
6-25 SECTION 6. Section 263.153, Local Government Code, is amended
6-26 to read as follows:
7-1 Sec. 263.153. NOTICE. (a) The commissioners court shall:
7-2 (1) publish notice of a sale of surplus or salvage
7-3 property in at least one newspaper of general circulation in the
7-4 county; or
7-5 (2) post notice of the sale for at least two
7-6 consecutive weeks on the county's Internet website.
7-7 (b) The notice must be published or first posted on the
7-8 Internet on or after the 30th day but before the 10th day before
7-9 the date of the sale.
7-10 SECTION 7. Section 271.049(a), Local Government Code, is
7-11 amended to read as follows:
7-12 (a) Regardless of the sources of payment of certificates,
7-13 certificates may not be issued unless the issuer publishes notice
7-14 of its intention to issue the certificates. The notice must be
7-15 published once a week for two consecutive weeks in a newspaper, as
7-16 defined by Subchapter C, Chapter 2051, Government Code, that is of
7-17 general circulation in the area of the issuer, or posted for at
7-18 least two consecutive weeks on the issuer's Internet website, with
7-19 the date of the first publication or Internet posting to be before
7-20 the 14th day before the date tentatively set for the passage of the
7-21 order or ordinance authorizing the issuance of the certificates.
7-22 SECTION 8. Section 271.055(b), Local Government Code, is
7-23 amended to read as follows:
7-24 (b) If an issuer gives notice under this subsection, the
7-25 notice must:
7-26 (1) be published once a week for two consecutive weeks
8-1 in a newspaper, as defined by Subchapter C, Chapter 2051,
8-2 Government Code, that is of general circulation in the area of the
8-3 issuer, or posted for at least two consecutive weeks on the
8-4 issuer's Internet website, with the date of the first publication
8-5 or Internet posting to be before the 14th day before the date set
8-6 for the public opening of the bids and the reading of the bids
8-7 aloud; and
8-8 (2) state that plans and specifications for the work
8-9 to be done or specifications for the machinery, supplies,
8-10 equipment, or materials to be purchased are on file with a
8-11 designated official of the issuer and may be examined without
8-12 charge.
8-13 SECTION 9. Subchapter Z, Chapter 271, Local Government Code,
8-14 is amended by adding Section 271.906 to read as follows:
8-15 Sec. 271.906. CERTAIN ELECTRONIC TRANSMISSIONS PERMITTED.
8-16 Under the competitive procedures prescribed by this chapter, a
8-17 municipality or county may receive bids through the Internet or by
8-18 other electronic means if the agency implements security measures
8-19 regarding the electronic transmission of information that ensure
8-20 bids are not viewed by unauthorized persons or tampered with and
8-21 that they remain effectively unopened until the proper time.
8-22 SECTION 10. This Act takes effect September 1, 2001.