79R8702 KEG-D

By:  Allen of Dallas                                              H.B. No. 2835



A BILL TO BE ENTITLED

AN ACT

relating to the purchasing and contracting authority of 
commissaries operated by sheriffs.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 351.0415, Local Government Code, is 
amended by adding Subsection (e) to read as follows:
	(e)  In reviewing bids under Subsection (b)(3), the sheriff 
shall consider whether the contract should provide for a fixed rate 
of return by which a supplier pays a set amount to the sheriff on a 
daily, monthly, or annual basis.
	SECTION 2.  Section 351.04155, Local Government Code, is 
amended by amending Subsection (a) and adding Subsection (c) to 
read as follows:
	(a)  This section applies only to a county that:                               
		(1)  has a population of one million or more; and                             
		(2)  is adjacent to a county [has two municipalities] 
with a population of one million [300,000] or more.
	(c)  A purchase made by the sheriff using commissary proceeds 
is subject to the competitive purchasing procedures contained in 
Subchapter C, Chapter 262.  For the purpose of complying with that 
subchapter, a reference in that subchapter to "commissioners court" 
means the sheriff and a reference to "the county official who makes 
purchases for the county" means the sheriff or the sheriff's 
designee.
	SECTION 3.  This Act takes effect September 1, 2005.