By: Lindsay S.B. No. 874
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 COUNTY OR DISTRICT
1-9 GOVERNED BY COUNTY. The commissioners court of a county or the
1-10 governing body of a district or authority created under Section 59,
1-11 Article XVI, Texas Constitution, if the governing body is the
1-12 commissioners court of the county in which the district is located,
1-13 may require a principal, officer, or employee of each prospective
1-14 bidder to attend a mandatory pre-bid conference conducted for the
1-15 purpose of discussing contract requirements and answering questions
1-16 of prospective bidders.
1-17 SECTION 2. Section 262.027, Local Government Code, is
1-18 amended by adding Subsection (f) to read as follows:
1-19 (f) Notwithstanding any other requirement of this section,
1-20 the commissioners court may condition acceptance of a bid on
1-21 compliance with a requirement for attendance at a mandatory pre-bid
1-22 conference under Section 262.0256.
1-23 SECTION 3. Subchapter C, Chapter 271, Local Government Code,
1-24 is amended by adding Section 271.0565 to read as follows:
1-25 Sec. 271.0565. PRE-BID CONFERENCE FOR COUNTY OR DISTRICT
2-1 GOVERNED BY COUNTY. The commissioners court of a county or the
2-2 governing body of a district or authority created under Section 59,
2-3 Article XVI, Texas Constitution, if the governing body is the
2-4 commissioners court of the county in which the district is located,
2-5 may require a principal, officer, or employee of each prospective
2-6 bidder to attend a mandatory pre-bid conference conducted for the
2-7 purpose of discussing contract requirements and answering questions
2-8 of prospective bidders.
2-9 SECTION 4. Section 271.057, Local Government Code, is
2-10 amended to read as follows:
2-11 Sec. 271.057. AWARD OF CONTRACT. (a) Except as provided by
2-12 Subsection (b), a [A] contract let under this subchapter for the
2-13 construction of public works or the purchase of materials,
2-14 equipment, supplies, or machinery and for which competitive bidding
2-15 is required by this subchapter must be let to the lowest
2-16 responsible bidder and, as the governing body determines, may be
2-17 let on a lump-sum basis or unit price basis.
2-18 (b) The commissioners court may condition acceptance of a
2-19 bid on compliance with a requirement for attendance at a mandatory
2-20 pre-bid conference under Section 271.0565.
2-21 SECTION 5. This Act takes effect immediately if it receives
2-22 a vote of two-thirds of all the members elected to each house, as
2-23 provided by Section 39, Article III, Texas Constitution. If this
2-24 Act does not receive the vote necessary for immediate effect, this
2-25 Act takes effect September 1, 2001.