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
1-10 only 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
1-20 amended 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.
1-25 SECTION 3. Subchapter C, Chapter 271, Local Government Code,
2-1 is amended by adding Section 271.0565 to read as follows:
2-2 Sec. 271.0565. PRE-BID CONFERENCE FOR CERTAIN COUNTIES OR A
2-3 DISTRICT GOVERNED BY THOSE COUNTIES. (a) This section applies
2-4 only to a county with a population of 2.8 million or more.
2-5 (b) The commissioners court of the county or the governing
2-6 body of a district or authority created under Section 59, Article
2-7 XVI, Texas Constitution, if the governing body is the commissioners
2-8 court of the county in which the district is located, may require a
2-9 principal, officer, or employee of each prospective bidder to
2-10 attend a mandatory pre-bid conference conducted for the purpose of
2-11 discussing contract requirements and answering questions of
2-12 prospective bidders.
2-13 SECTION 4. Section 271.057, Local Government Code, is
2-14 amended to read as follows:
2-15 Sec. 271.057. AWARD OF CONTRACT. (a) Except as provided by
2-16 Subsection (b), a [A] contract let under this subchapter for the
2-17 construction of public works or the purchase of materials,
2-18 equipment, supplies, or machinery and for which competitive bidding
2-19 is required by this subchapter must be let to the lowest
2-20 responsible bidder and, as the governing body determines, may be
2-21 let on a lump-sum basis or unit price basis.
2-22 (b) The commissioners court may condition acceptance of a
2-23 bid on compliance with a requirement for attendance at a mandatory
2-24 pre-bid conference under Section 271.0565.
2-25 SECTION 5. This Act takes effect immediately if it receives
2-26 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.
_______________________________ _______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 874 passed the Senate on
March 29, 2001, by the following vote: Yeas 30, Nays 0, one
present, not voting; and that the Senate concurred in House
amendment on May 9, 2001, by the following vote: Yeas 29, Nays 0,
one present, not voting.
_______________________________
Secretary of the Senate
I hereby certify that S.B. No. 874 passed the House, with
amendment, on May 5, 2001, by the following vote: Yeas 140,
Nays 0, two present, not voting.
_______________________________
Chief Clerk of the House
Approved:
_______________________________
Date
_______________________________
Governor