77R11727 ATP-D                           
         By Callegari, Bonnen                                  H.B. No. 2996
         Substitute the following for H.B. No. 2996:
         By Ramsay                                         C.S.H.B. No. 2996
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the authority of certain political subdivisions to
 1-3     require bidders to attend pre-bid conferences as a condition for
 1-4     accepting a bid.
 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-6           SECTION 1. Subchapter C, Chapter 262, Local Government Code,
 1-7     is amended by adding Section 262.0256 to read as follows:
 1-8           Sec. 262.0256.  PRE-BID CONFERENCE FOR CERTAIN COUNTIES OR A
 1-9     DISTRICT GOVERNED BY THOSE COUNTIES. (a)  This section applies only
1-10     to a county with a population of 2.8 million or more.
1-11           (b)  The commissioners court of the county or the governing
1-12     body of a district or authority created under Section 59, Article
1-13     XVI, Texas Constitution, if the governing body is the commissioners
1-14     court of the county in which the district is located, may require a
1-15     principal, officer, or employee of each prospective bidder to
1-16     attend a mandatory pre-bid conference conducted for the purpose of
1-17     discussing contract requirements and answering questions of
1-18     prospective bidders.
1-19           SECTION 2. Section 262.027, Local Government Code, is amended
1-20     by adding Subsection (f) to read as follows:
1-21           (f)  Notwithstanding any other requirement of this section,
1-22     the commissioners court may condition acceptance of a bid on
1-23     compliance with a requirement for attendance at a mandatory pre-bid
1-24     conference under Section 262.0256.
 2-1           SECTION 3. Subchapter C, Chapter 271, Local Government Code,
 2-2     is amended by adding Section 271.0565 to read as follows:
 2-3           Sec. 271.0565.  PRE-BID CONFERENCE FOR CERTAIN COUNTIES OR A
 2-4     DISTRICT GOVERNED BY THOSE COUNTIES. (a)  This section applies only
 2-5     to a county with a population of 2.8 million or more.
 2-6           (b)  The commissioners court of the county or the governing
 2-7     body of a district or authority created under Section 59, Article
 2-8     XVI, Texas Constitution, if the governing body is the commissioners
 2-9     court of the county in which the district is located, may require a
2-10     principal, officer, or employee of each prospective bidder to
2-11     attend a mandatory pre-bid conference conducted for the purpose of
2-12     discussing contract requirements and answering questions of
2-13     prospective bidders.
2-14           SECTION 4. Section 271.057, Local Government Code, is amended
2-15     to read as follows:
2-16           Sec. 271.057.  AWARD OF CONTRACT. (a)  Except as provided by
2-17     Subsection (b), a [A] contract let under this subchapter for the
2-18     construction of public works or the purchase of materials,
2-19     equipment, supplies, or machinery and for which competitive bidding
2-20     is required by this subchapter must be let to the lowest
2-21     responsible bidder and, as the governing body determines, may be
2-22     let on a lump-sum basis or unit price basis.
2-23           (b)  The commissioners court may condition acceptance of a
2-24     bid on compliance with a requirement for attendance at a mandatory
2-25     pre-bid conference under Section 271.0565.
2-26           SECTION 5.  This Act takes effect immediately if it receives
2-27     a vote of two-thirds of all the members elected to each house, as
 3-1     provided by Section 39, Article III, Texas Constitution.  If this
 3-2     Act does not receive the vote necessary for immediate effect, this
 3-3     Act takes effect September 1, 2001.