78R3636 SMJ-D

By:  Janek                                                        S.B. No. 232



A BILL TO BE ENTITLED

AN ACT

relating to the purchase of goods and services by county purchasing 
agents. 
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Sections 262.011(d), (e), and (n), Local 
Government Code, are amended to read as follows:
	(d)  The county purchasing agent shall purchase all goods and 
services required or used, including supplies, materials, and 
equipment [required or used], and shall contract for all repairs to 
property used [,] by the county or a subdivision, officer, or 
employee of the county, except purchases and contracts required by 
law to be made on competitive bid.  A person other than the county 
purchasing agent may not make the purchase of goods or services [the 
supplies, materials, or equipment] or make the contract for 
repairs.
	(e)  The county purchasing agent shall:                                 
		(1)  supervise all purchases made under [on] 
competitive bidding or competitive proposal procedures and all 
contracts made under Subchapter H, Chapter 271; [bid]  and
		(2)  [shall] see that all purchased goods and services
[supplies, materials, and equipment] are delivered or provided to 
the proper county officer or department in accordance with the 
purchase contract or properly delivered or provided under the 
construction or repair contract, as applicable.
	(n)  This section applies to all purchases of goods and 
services [supplies, materials, and equipment] for the use of the 
county and its officers, including purchases made by officers paid 
out of fees of office or otherwise, regardless of whether the 
purchase contract is made by the commissioners court or any other 
officer authorized to bind the county by contract.  An officer 
making a purchase out of fees of office in violation of this section 
may not deduct the amount of the purchase from the amount of any 
fees of office due the county.
	SECTION 2.  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.