78R16801 AKH-F


By:  Williams                                                     S.B. No. 1118

Substitute the following for S.B. No. 1118:                                   

By:  Casteel                                                  C.S.S.B. No. 1118



A BILL TO BE ENTITLED

AN ACT

relating to competitive bidding procedures for certain purchases by 
a local government.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 262.0256, Local Government Code, is 
amended to read as follows:
	Sec. 262.0256.  PRE-BID CONFERENCE FOR A COUNTY [CERTAIN 
COUNTIES] OR A DISTRICT GOVERNED BY THAT COUNTY [THOSE COUNTIES].  
(a)  [This section applies only to a county with a population of 2.8 
million or more.
	[(b)]  The commissioners court of a [the] county or the 
governing body of a district or authority created under Section 59, 
Article XVI, Texas Constitution, if the governing body is the 
commissioners court of the county in which the district is located, 
may require a principal, officer, or employee of each prospective 
bidder to attend a mandatory pre-bid conference conducted for the 
purpose of discussing contract requirements and answering 
questions of prospective bidders.
	(b)  After a conference is conducted under Subsection (a), 
any additional required notice for the proposed contract may be 
sent by certified mail, return receipt requested, only to 
prospective bidders who attended the conference.  Notice under this 
subsection is not subject to the requirements of Section 262.025.
	SECTION 2.  Section 271.0565, Local Government Code, is 
amended to read as follows:
	Sec. 271.0565.  PRE-BID CONFERENCE FOR A COUNTY [CERTAIN 
COUNTIES] OR A DISTRICT GOVERNED BY THAT COUNTY [THOSE COUNTIES].  
(a)  [This section applies only to a county with a population of 2.8 
million or more.
	[(b)] The commissioners court of a [the] county or the 
governing body of a district or authority created under Section 59, 
Article XVI, Texas Constitution, if the governing body is the 
commissioners court of the county in which the district is located, 
may require a principal, officer, or employee of each prospective 
bidder to attend a mandatory pre-bid conference conducted for the 
purpose of discussing contract requirements and answering 
questions of prospective bidders.
	(b)  After a conference is conducted under Subsection (a), 
any additional required notice for the proposed contract may be 
sent by certified mail, return receipt requested, only to 
prospective bidders who attended the conference.  Notice under this 
subsection is not subject to the requirements of Section 271.055.
	SECTION 3.  Subchapter C, Chapter 271, Local Government 
Code, is amended by adding Section 271.0566 to read as follows:
	Sec. 271.0566.  PREREQUISITES FOR MANDATORY PRE-BID 
CONFERENCES.  (a)  A commissioners court may not require attendance 
at a mandatory pre-bid conference under Section 262.0256(a) or 
271.0565(a) unless the commissioners court makes available to the 
public before the pre-bid conference the plans and specifications 
for the work to be performed under the contract or the 
specifications for any item to be purchased under the contract.
	(b)  Notwithstanding any other law, a governmental entity 
may not require attendance at a pre-bid conference unless the 
governmental entity makes the plans and specifications available in 
the manner described by Subsection (a).
	SECTION 4.  This Act takes effect September 1, 2003, and 
applies only to a proposed purchase or contract awarded by a 
competitive purchasing procedure for which a mandatory pre-bid 
conference is held on or after that date.