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H.B. No. 2295
AN ACT
relating to municipal contracts regarding public improvements and
purchasing.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 212.072, Local Government Code, is
amended by amending Subsection (b) and adding Subsections (c) and
(d) to read as follows:
(b) The contract:
(1) must establish the limit of participation by the
municipality at a level not to exceed 30 percent of the total
contract price, if the municipality has a population of less than
1.8 million; or
(2) may allow participation by a municipality at a
level not to exceed 70 percent of the total contract price, if the
municipality has a population of 1.8 million or more.
(c) In addition, the contract may also allow participation
by the municipality at a level not to exceed 100 percent of the
total cost for any oversizing of improvements required by the
municipality, including but not limited to increased capacity of
improvements to anticipate other future development in the area.
(d) The municipality is liable only for the agreed payment
of its share of the contract, which shall be determined in advance
either as a lump sum or as a factor or percentage of the total actual
cost as determined by municipal ordinance.
SECTION 2. Section 252.043(b), Local Government Code, is
amended to read as follows:
(b) In determining the best value for the municipality, the
municipality may consider:
(1) the purchase price;
(2) the reputation of the bidder and of the bidder's
goods or services;
(3) the quality of the bidder's goods or services;
(4) the extent to which the goods or services meet the
municipality's needs;
(5) the bidder's past relationship with the
municipality;
(6) the impact on the ability of the municipality to
comply with laws, [and] rules, and programs relating to contracting
with historically underutilized businesses, minority-owned and
women-owned businesses, and nonprofit organizations employing
persons with disabilities;
(7) the total long-term cost to the municipality to
acquire the bidder's goods or services; and
(8) any relevant criteria specifically listed in the
request for bids or proposals.
SECTION 3. 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.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 2295 was passed by the House on April
25, 2003, by the following vote: Yeas 146, Nays 0, 2 present, not
voting; and that the House concurred in Senate amendments to H.B.
No. 2295 on May 26, 2003, by the following vote: Yeas 138, Nays 1,
2 present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 2295 was passed by the Senate, with
amendments, on May 23, 2003, by the following vote: Yeas 29, Nays
1.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor