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.