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                                  * * * * *