SRC-AMY H.B. 443 78(R)   BILL ANALYSIS


Senate Research Center   H.B. 443
By: Denny (Lindsay)
Education
5/16/2003
Engrossed


DIGEST AND PURPOSE 

Under current law, school districts are required to advertise bidding and
proposal instruments in the county newspaper in which the district's
central administrative office is located, each day for two weeks when the
purchases exceed $25,000 in one-time costs or total costs for the year.
Conversely, state and local governments are allowed to advertise bids and
requests for information or proposals on the Texas Marketplace Website
used by state agencies and local governments for posting information and
maintained by the Texas Building and Procurement Commission.  School
districts are authorized to post on the Texas Marketplace Website but are
also still required to purchase advertisements in newspapers.  H.B. 443
establishes the framework in which a school district may use the Internet
and the Texas Marketplace Website in the procurement process. 

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to
a state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 44.031(g), Education Code, to provide that
notice of the time by which, rather than when, and place where the bids or
proposals, or the responses to a request for qualifications, will be
received and opened is required to be posted on the electronic procurement
marketplace established under Subchapter B, Chapter 2177 (Electronic
Procurement Marketplace), Government Code, for a period of at least 14
days before the deadline for receiving bids, proposals, or responses to a
request for qualifications or published in the country in which the school
district's (district) central administrative office is located, once a
week for at least two weeks before the deadline for receiving bids,
proposals, or responses for qualifications.  Requires the advertising, if
the notice is to be provided by publication and there is not a newspaper
in the county in which the district's central administrative office is
located, to be published in the county nearest the county seat of that
county.  Provides that in a two-step procurement process, the time by
which and place where the second-step bids, proposals, or responses will
be received are not required to be posted or published separately.
Requires a district that publishes notice in a newspaper to include the
Internet website addresses of the district and of the electronic
procurement marketplace in the published notice. 

SECTION 2.  Amends Section 44.031, Education Code, by adding Subsection
(g-1) to provide that, notwithstanding Subsection (g), if a school
district publishes notice in a newspaper under Subsection (g) and the
district determines that a sufficient number of bids, proposals, or
responses have been received, the district is not required to continue to
publish notice in the newspaper after the first week of publication.
Requires the board of trustees of the district to adopt guidelines to
assist the district in determining whether the district has received a
sufficient number of bids, proposals, or responses. 

SECTION 3.  Amends Section 2177.051(e), Government Code, to require the
Texas Building and Procurement Commission to permit a school district, in
complying with Section 44.031(g), Education Code, to post information on
the electronic procurement marketplace. 

SECTION 4.  Effective date:  September 1, 2003.