By:  Lindsay                                           S.B. No. 874
         2001S0484/1                            
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the authority of certain counties and districts to
 1-3     require attendance by bidders at mandatory pre-bid conferences as a
 1-4     precondition for having a bid accepted.
 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-6           SECTION 1.  Section 262.025, Local Government Code, is
 1-7     amended by adding Subsection (e), to read as follows:
 1-8           (e)  In a county with a population of 2.8 million or more,
 1-9     the county and any district or authority created under Section 59,
1-10     Article XVI, Texas Constitution, of which the governing body is the
1-11     commissioners court may require attendance by a principal, officer,
1-12     or employee of each prospective bidder at mandatory pre-bid
1-13     conferences conducted to discuss contract requirements and answer
1-14     questions of prospective bidders.
1-15           SECTION 2.  Section 262.027, Local Government Code, is
1-16     amended by adding Subsection (f), to read as follows:
1-17           (f)  In determining the lowest and best bid for a contract,
1-18     the commissioners court may condition acceptance of bids on
1-19     attendance at mandatory pre-bid conferences if attendance is
1-20     required under Section 262.025.
1-21           SECTION 3.  Section 271.055, Local Government Code, is
1-22     amended by adding Subsection (f), to read as follows:
1-23           (f)  In a county with a population of 2.8 million or more,
1-24     the county and any district or authority created under Section 59,
1-25     Article XVI, Texas Constitution, of which the governing body is the
 2-1     commissioners court may require attendance by a principal, officer,
 2-2     or employee of each prospective bidder at mandatory pre-bid
 2-3     conferences conducted to discuss contract requirements and answer
 2-4     questions of prospective bidders.
 2-5           SECTION 4.  Section 271.057, Local Government Code, is
 2-6     amended to read as follows:
 2-7           Sec. 271.057.  AWARD OF CONTRACT.  (a)  A contract let under
 2-8     this subchapter for the construction of public works or the
 2-9     purchase of materials, equipment, supplies, or machinery and for
2-10     which competitive bidding is required by this subchapter must be
2-11     let to the lowest responsible bidder and, as the governing body
2-12     determines, may be let on a lump-sum basis or unit price basis.
2-13           (b)  In determining the lowest and best bid for a contract,
2-14     the commissioners court may condition acceptance of bids on
2-15     attendance at mandatory pre-bid conferences if attendance is
2-16     required under Section 271.055.
2-17           SECTION 5.  This Act takes effect immediately if it receives
2-18     a vote of two-thirds of all the members elected to each house, as
2-19     provided by Section 39, Article III, Texas Constitution.  If this
2-20     Act does not receive the vote necessary for immediate effect, this
2-21     Act takes effect September 1, 2001.