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  By: Brown of Brazos (Senate Sponsor - Ogden) H.B. No. 119
         (In the Senate - Received from the House March 26, 2007;
  April 3, 2007, read first time and referred to Committee on
  Government Organization; May 1, 2007, reported favorably by the
  following vote:  Yeas 7, Nays 0; May 1, 2007, sent to printer.)
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to the exemption from competitive bidding for certain
  purchases.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 2155.132(e), Government Code, is amended
  to read as follows:
         (e)  Competitive bidding, whether formal or informal, is not
  required for a purchase by a state agency if the purchase:
               (1)  does not exceed $5,000; and
               (2)  is not made under a written contract [$2,000, or a
  greater amount prescribed by commission rule].
         SECTION 2.  Section 2157.0611, Government Code, is amended
  to read as follows:
         Sec. 2157.0611.  REQUIREMENT TO EVALUATE THREE OFFERS WHEN
  POSSIBLE.  A catalog purchase or lease that exceeds $5,000 [$2,000]
  or that is made under a written contract [a greater amount
  prescribed by commission rule] shall, when possible, be based on an
  evaluation of at least three catalog offers made to the commission
  or other state agency by catalog information systems vendors. If at
  least three catalog offers are not evaluated by the commission or
  other state agency before a purchase or lease is made that exceeds
  the threshold amount or is made under a written contract, the
  commission or other agency shall document the reasons for that fact
  before making the purchase or lease under Section 2157.063.
         SECTION 3.  The changes in law made by this Act to Sections
  2155.132(e) and 2157.0611, Government Code, apply only to a
  purchase under a contract entered into on or after the effective
  date of this Act. A purchase under a contract entered into before
  the effective date of this Act is governed by the law in effect on
  the date the contract was entered into, and the former law is
  continued in effect for that purpose.
         SECTION 4.  This Act takes effect September 1, 2007.
 
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