1-1 By: Lindsay S.B. No. 874
1-2 (In the Senate - Filed February 22, 2001; February 26, 2001,
1-3 read first time and referred to Committee on Intergovernmental
1-4 Relations; March 22, 2001, reported adversely, with favorable
1-5 Committee Substitute by the following vote: Yeas 7, Nays 0;
1-6 March 22, 2001, sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 874 By: Lindsay
1-8 A BILL TO BE ENTITLED
1-9 AN ACT
1-10 relating to the authority of certain political subdivisions to
1-11 require bidders to attend pre-bid conferences as a condition for
1-12 accepting a bid.
1-13 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-14 SECTION 1. Subchapter C, Chapter 262, Local Government Code,
1-15 is amended by adding Section 262.0256 to read as follows:
1-16 Sec. 262.0256. PRE-BID CONFERENCE FOR COUNTY OR DISTRICT
1-17 GOVERNED BY COUNTY. The commissioners court of a county or the
1-18 governing body of a district or authority created under Section 59,
1-19 Article XVI, Texas Constitution, if the governing body is the
1-20 commissioners court of the county in which the district is located,
1-21 may require a principal, officer, or employee of each prospective
1-22 bidder to attend a mandatory pre-bid conference conducted for the
1-23 purpose of discussing contract requirements and answering questions
1-24 of prospective bidders.
1-25 SECTION 2. Section 262.027, Local Government Code, is
1-26 amended by adding Subsection (f) to read as follows:
1-27 (f) Notwithstanding any other requirement of this section,
1-28 the commissioners court may condition acceptance of a bid on
1-29 compliance with a requirement for attendance at a mandatory pre-bid
1-30 conference under Section 262.0256.
1-31 SECTION 3. Subchapter C, Chapter 271, Local Government Code,
1-32 is amended by adding Section 271.0565 to read as follows:
1-33 Sec. 271.0565. PRE-BID CONFERENCE FOR COUNTY OR DISTRICT
1-34 GOVERNED BY COUNTY. The commissioners court of a county or the
1-35 governing body of a district or authority created under Section 59,
1-36 Article XVI, Texas Constitution, if the governing body is the
1-37 commissioners court of the county in which the district is located,
1-38 may require a principal, officer, or employee of each prospective
1-39 bidder to attend a mandatory pre-bid conference conducted for the
1-40 purpose of discussing contract requirements and answering questions
1-41 of prospective bidders.
1-42 SECTION 4. Section 271.057, Local Government Code, is
1-43 amended to read as follows:
1-44 Sec. 271.057. AWARD OF CONTRACT. (a) Except as provided by
1-45 Subsection (b), a [A] contract let under this subchapter for the
1-46 construction of public works or the purchase of materials,
1-47 equipment, supplies, or machinery and for which competitive bidding
1-48 is required by this subchapter must be let to the lowest
1-49 responsible bidder and, as the governing body determines, may be
1-50 let on a lump-sum basis or unit price basis.
1-51 (b) The commissioners court may condition acceptance of a
1-52 bid on compliance with a requirement for attendance at a mandatory
1-53 pre-bid conference under Section 271.0565.
1-54 SECTION 5. This Act takes effect immediately if it receives
1-55 a vote of two-thirds of all the members elected to each house, as
1-56 provided by Section 39, Article III, Texas Constitution. If this
1-57 Act does not receive the vote necessary for immediate effect, this
1-58 Act takes effect September 1, 2001.
1-59 * * * * *