S.B. 726 78(R)    BILL ANALYSIS


S.B. 726
By: Wentworth
Local Government Ways and Means
Committee Report (Unamended)



BACKGROUND AND PURPOSE 

Currently in Texas, an appraisal district may not enter into a contract
with a value over $15,000, unless the contract is submitted to competitive
bidding. As proposed, S.B. 726 allows Texas appraisal districts to use a
competitive sealed proposal method for certain purchases, permitting
negotiation with the qualified bidders and modification of the proposals
after submission. 


RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency, or
institution. 

ANALYSIS

SECTION 1.  Amends Section 6.11, Tax Code, as follows:

 Sec. 6.11. New heading: PURCHASING AND CONTRACTING AUTHORITY. 
 (a) Provides that an appraisal district is subject to the same
requirements and has the same 
purchasing and contracting authority as a municipality under Chapter 252
(Purchasing and Contracting Authority of Municipalities), Local Government
Code. Deletes text requiring competitive bidding on any expenditure which
exceeds $15,000. Deletes text providing that an appraisal district's board
has the same powers regarding contracts and bids as does a commissioners
court under Chapter 271C (Certificate of Obligation Act), Local Government
Code. 

 (b) Provides that for purposes of this section all the provisions of
Chapter 252, Local 
 Government Code, applicable to a municipality or to purchases and
contracts by a 
 municipality apply to an appraisal district and to purchases and
contracts by an appraisal 
 district to the extent they can be made applicable, and all references to
the municipality 
 in that chapter mean the appraisal district. Authorizes any resident of
the appraisal 
 district, for purposes of applying Section 252.061, Local Government
Code, to an 
 appraisal district, to seek an injunction under that section. Provides
that Sections 
 252.062 and 252.063, Local Government Code, apply to an officer or
employee of an 
 appraisal district in the same manner those sections apply to a municipal
officer or 
 employee. Deletes text relating to notice of the contract.

 (c) Subsection deleted.

SECTION 2.  Effective date: July 1, 2003 if it receives a vote of
two-thirds of all the members elected to each house, otherwise September
1, 2003. 


EFFECTIVE DATE

July 1, 2003, or September 1, 2003