By: Lindsay S.B. No. 850
(In the Senate - Filed March 4, 2003; March 10, 2003, read
first time and referred to Committee on Intergovernmental
Relations; March 27, 2003, reported favorably by the following
vote: Yeas 4, Nays 0; March 27, 2003, sent to printer.)
A BILL TO BE ENTITLED
AN ACT
relating to allowing local governments and school districts to
prohibit contracts with delinquent taxpayers.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter C, Chapter 252, Local Government
Code, is amended by adding Section 252.0436 to read as follows:
Sec. 252.0436. CONTRACT WITH PERSON OR FIRM INDEBTED TO
MUNICIPALITY. (a) A municipality by ordinance may establish
regulations permitting the municipality to refuse to enter into a
contract with a person indebted to the municipality.
(b) It is not a violation of this chapter for a
municipality, under regulations adopted under Subsection (a), to
refuse to award a contract to an apparent low bidder or successful
proposer who is indebted to the municipality.
(c) In this section, "person" includes an individual, sole
proprietorship, corporation, nonprofit corporation, partnership,
joint venture, limited liability company, and any other entity that
proposes or otherwise seeks to enter into a contract with the
municipality requiring approval by the governing body of the
municipality.
SECTION 2. Subchapter C, Chapter 262, Local Government
Code, is amended by adding Section 262.0276 to read as follows:
Sec. 262.0276. CONTRACT WITH PERSON OR FIRM INDEBTED TO
COUNTY. (a) By an order adopted and entered in the minutes of the
commissioners court and after notice is published in a newspaper of
general circulation in the county, the commissioners court may
adopt rules permitting the county to refuse to enter into a contract
with a person indebted to the county.
(b) It is not a violation of this subchapter for a county,
under rules adopted under Subsection (a), to refuse to award a
contract to an apparent low bidder or successful proposer who is
indebted to the county.
(c) In this section, "person" includes an individual, sole
proprietorship, corporation, nonprofit corporation, partnership,
joint venture, limited liability company, and any other entity that
proposes or otherwise seeks to enter into a contract with the county
requiring approval by the commissioners court.
SECTION 3. Subchapter B, Chapter 44, Education Code, is
amended by adding Section 44.044 to read as follows:
Sec. 44.044. CONTRACT WITH PERSON OR FIRM INDEBTED TO
SCHOOL DISTRICT. (a) The board of trustees of a school district by
resolution may establish regulations permitting the school
district to refuse to enter into a contract with a person indebted
to the school district.
(b) It is not a violation of this subchapter for a school
district, under regulations adopted under Subsection (a), to refuse
to award a contract to an apparent low bidder or successful proposer
who is indebted to the school district.
(c) In this section, "person" includes an individual, sole
proprietorship, corporation, nonprofit corporation, partnership,
joint venture, limited liability company, and any other entity that
proposes or otherwise seeks to enter into a contract with the school
district requiring approval by the board.
SECTION 4. This Act takes effect September 1, 2003.
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