C.S.S.B. 1118 78 )    BILL ANALYSIS


C.S.S.B. 1118
By: Williams
County Affairs
Committee Report (Substituted)



BACKGROUND AND PURPOSE 
Currently, a county with a population of 2.8 million or more is permitted
to require prospective bidders on proposed county purchases or projects to
attend a pre-bid conference.  Only those prospective bidders that attend
the mandatory pre-bid conference are eligible to bid on a proposed
purchase or project.  As substituted, C.S.S.B. 1118 allows a county, in
those cases where the county extends the time for receiving and opening
bids on a proposed purchase or project for which a mandatory pre-bid
conference was held, to directly notify via certified mail the pre-bid
conference attendees.  

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 262.0256, Local Government Code, by removing
the current population bracket and by adding Subsection  ) to authorize,
after a pre-bid conference is conducted under Subsection (b), any
additional required notice for the proposed purchase to be sent by
certified mail, return receipt requested, only to prospective bidders who
attended the conference.  Provides that notice under this subsection is
not subject to the requirements of Section 262.025.  

SECTION 2.  Amends Section 271.0565, Local Government Code, by removing
the current population bracket and by adding Subsection  ) to authorize,
after a pre-bid conference is conducted under Subsection (b), any
additional required notice for the proposed purchase to be sent by
certified mail, return receipt requested, only to prospective bidders who
attended the conference.  Provides that notice under this subsection is
not subject to the requirements of Section 271.055.  

SECTION 3. Creates a new Section 271.0566, Local Government Code that
requires local governments to publish bid specifications before holding a
mandatory pre-bid conference. 

SECTION 4.  Effective date:  September 1, 2003.  Makes application of this
Act prospective. 


EFFECTIVE DATE

This Act takes effect immediately if it receives a vote of two-thirds of
all the members elected to each house, as provided by Section 39, Article
III, Texas Constitution. If this Act does not receive the vote necessary
for immediate effect, this Act takes effect September 1, 2003.  


COMPARISON OF ORIGINAL TO SUBSTITUTE

SECTION 1. Adds new provision in 262.0256, Local Government Code removing
the population bracket of 2.8 million or more 

SECTION 2.  Adds new provision in 271.0565, Local Government Code removing
the population bracket of 2.8 million or more. 
 
SECTION 3. Adds new Sec. 271.0565 that requires publication of bid
specifications before holding  a mandatory pre-bid conference. 

SECTION 4.  Makes conforming changes.