| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to publication of notice for certain transactions |
|
|
involving local governmental entities. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Section 252.041(a), Local Government Code, is |
|
|
amended to read as follows: |
|
|
(a) If the competitive sealed bidding requirement applies |
|
|
to the contract, notice of the time and place at which the bids will |
|
|
be publicly opened and read aloud must be published at least once [a
|
|
|
week for two consecutive weeks] in a newspaper published in the |
|
|
municipality or posted for at least 14 consecutive days on the |
|
|
municipality's Internet website. The date of the first publication |
|
|
or electronic posting must be before the 14th day before the date |
|
|
set to publicly open the bids and read them aloud. If no newspaper |
|
|
is published in the municipality and the municipality does not |
|
|
maintain an Internet website, the notice must be posted at the city |
|
|
hall or posted in the business daily provided on the Internet under |
|
|
Section 2155.083, Government Code, for 14 days before the date set |
|
|
to publicly open the bids and read them aloud. |
|
|
SECTION 2. Section 262.025(a), Local Government Code, is |
|
|
amended to read as follows: |
|
|
(a) A notice of a proposed purchase must be published at |
|
|
least once [a week] in a newspaper of general circulation in the |
|
|
county or posted for at least 14 consecutive days on the county's |
|
|
Internet website, with the first day of publication or electronic |
|
|
posting occurring before the 14th day before the date of the bid |
|
|
opening. If there is no newspaper of general circulation in the |
|
|
county and the county does not maintain an Internet website, the |
|
|
notice must be posted in a prominent place in the courthouse or |
|
|
posted in the business daily provided on the Internet under Section |
|
|
2155.083, Government Code, for 14 days before the date of the bid |
|
|
opening. |
|
|
SECTION 3. Section 262.027(a), Local Government Code, is |
|
|
amended to read as follows: |
|
|
(a) The officer in charge of opening the bids shall present |
|
|
them to the commissioners court in session. Except as provided by |
|
|
Subsection (e), the court shall: |
|
|
(1) award the contract to the responsible bidder who |
|
|
submits the lowest and best bid; or |
|
|
(2) reject all bids and publish or electronically |
|
|
post, as appropriate, a new notice. |
|
|
SECTION 4. Section 262.0276(a), Local Government Code, is |
|
|
amended to read as follows: |
|
|
(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 or electronically posted on the |
|
|
county's Internet website, the commissioners court may adopt rules |
|
|
permitting the county to refuse to enter into a contract or other |
|
|
transaction with a person indebted to the county. |
|
|
SECTION 5. Section 263.001, Local Government Code, is |
|
|
amended by amending Subsection (b) and adding Subsection (b-1) to |
|
|
read as follows: |
|
|
(b) The appointed commissioner must publish notice of the |
|
|
auction at least once as provided by this subsection or |
|
|
electronically post the notice for at least 14 consecutive days on |
|
|
the county's Internet website, with the first day of publication or |
|
|
electronic posting occurring before the 20th day before the date |
|
|
the auction is held. The notice must be provided [published] in |
|
|
English. Notice published under this subsection must be in a |
|
|
newspaper of general circulation in the county in which the real |
|
|
property is located and in the county that owns the real property if |
|
|
not the same county. [The notice must be published once a week for
|
|
|
three consecutive weeks before the date the auction is held.] |
|
|
(b-1) If there is no newspaper of general circulation in the |
|
|
county in which the property is located or in the county that owns |
|
|
the real property, if not the same county, and if the county does |
|
|
not maintain an Internet website, the notice must be posted in a |
|
|
prominent place in each county courthouse, as appropriate, or |
|
|
posted in the business daily provided on the Internet under Section |
|
|
2155.083, Government Code, for 14 days before the date the auction |
|
|
is held. |
|
|
SECTION 6. Section 263.006, Local Government Code, is |
|
|
amended by amending Subsection (b) and adding Subsection (b-1) to |
|
|
read as follows: |
|
|
(b) Except as provided by Subsection (d), before the |
|
|
commissioners court exchanges an interest in real property under |
|
|
this section, notice that the county will consider offers for an |
|
|
exchange of the interest in real property must be published at least |
|
|
once in English in a newspaper of general circulation in the county |
|
|
in which the real property is located and in the county that owns |
|
|
the interest, if not the same county, or posted for at least 14 |
|
|
consecutive days on the county's Internet website. The notice must |
|
|
be published or electronically posted for the first time [once a
|
|
|
week for three consecutive weeks before the date of the exchange,
|
|
|
with the date of the first publication being] before the 20th day |
|
|
before the date of the exchange. |
|
|
(b-1) If there is no newspaper of general circulation in the |
|
|
county in which the property is located or in the county that owns |
|
|
the real property, if not the same county, and if the county does |
|
|
not maintain an Internet website, the notice must be posted in a |
|
|
prominent place in the county courthouse of each county, as |
|
|
appropriate, or posted in the business daily provided on the |
|
|
Internet under Section 2155.083, Government Code, for 14 days |
|
|
before the date of the exchange. |
|
|
SECTION 7. Section 263.007, Local Government Code, is |
|
|
amended by amending Subsection (b) and adding Subsection (b-1) to |
|
|
read as follows: |
|
|
(b) The procedure must include a requirement that the county |
|
|
publish, before a sale or lease is made, a notice of its intent to |
|
|
sell or lease, as appropriate, the real property. The notice must: |
|
|
(1) be published at least once in a newspaper of |
|
|
general circulation in the county the commissioners court |
|
|
represents and, if the real property is located in another county, |
|
|
in a newspaper of general circulation in that other county or, as an |
|
|
alternative to newspaper publication, posted for at least 14 |
|
|
consecutive days on the county's Internet website; |
|
|
(2) be published or electronically posted for the |
|
|
first time [on two dates, with the date of the second publication
|
|
|
occurring] before the 14th day before the date the award of the sale |
|
|
or lease is made; |
|
|
(3) include a description of the real property, |
|
|
including its location; and |
|
|
(4) include a description of the procedure by which |
|
|
sealed bids or sealed proposals for the sale or lease may be |
|
|
submitted. |
|
|
(b-1) If there is no newspaper of general circulation in the |
|
|
county and the county does not maintain an Internet website, the |
|
|
notice must be posted in a prominent place in the county courthouse |
|
|
or posted in the business daily provided on the Internet under |
|
|
Section 2155.083, Government Code, for 14 days before the date of |
|
|
the sale or lease. |
|
|
SECTION 8. Section 263.153, Local Government Code, is |
|
|
amended to read as follows: |
|
|
Sec. 263.153. NOTICE. (a) The commissioners court shall |
|
|
publish notice of a sale of surplus or salvage property at least |
|
|
once in at least one newspaper of general circulation in the county |
|
|
or post the notice on the county's Internet website. |
|
|
(b) The notice must be published on or after the 30th day but |
|
|
before the 10th day before the date of the sale. If the notice is |
|
|
posted on the county's Internet website, the notice must remain |
|
|
posted for at least 14 consecutive days during the period |
|
|
prescribed by this subsection for publication. |
|
|
(c) If there is no newspaper of general circulation in the |
|
|
county and the county does not maintain an Internet website, the |
|
|
notice must be posted in a prominent place in the county courthouse |
|
|
or posted in the business daily provided on the Internet under |
|
|
Section 2155.083, Government Code, for 14 days before the date of |
|
|
the sale. |
|
|
SECTION 9. Section 271.025, Local Government Code, is |
|
|
amended by amending Subsections (b), (c), and (d) and adding |
|
|
Subsection (b-1) to read as follows: |
|
|
(b) The advertisement must be published as required by law. |
|
|
If no legal requirement for publication exists, the advertisement |
|
|
must be: |
|
|
(1) published at least once [twice] in one or more |
|
|
newspapers of general circulation in the county or counties in |
|
|
which the work is to be performed; or |
|
|
(2) posted for at least 14 consecutive days on the |
|
|
Internet website of the governmental entity. [The second
|
|
|
publication must be on or before the 10th day before the first date
|
|
|
bids may be submitted.] |
|
|
(b-1) The notice must be published or electronically posted |
|
|
for the first time before the 14th day before the date of the bid |
|
|
opening. If there is no newspaper of general circulation in the |
|
|
county and the governmental entity does not maintain an Internet |
|
|
website, the notice must be posted in a prominent place in the |
|
|
county courthouse or posted in the business daily provided on the |
|
|
Internet under Section 2155.083, Government Code, for 14 days |
|
|
before the date of the bid opening. |
|
|
(c) The governmental entity must provide [mail a] notice |
|
|
containing the information required under Subsection (a) to any |
|
|
organization that: |
|
|
(1) requests in advance that notices for bids be sent |
|
|
to it; |
|
|
(2) agrees in writing to pay the actual cost of |
|
|
providing [mailing] the notice; and |
|
|
(3) certifies that it circulates notices for bids to |
|
|
the construction trade in general. |
|
|
(d) The governmental entity shall provide [mail a] notice |
|
|
required under Subsection (c) on or before the date the first notice |
|
|
[newspaper advertisement under this section] is published or |
|
|
electronically posted under Subsection (b-1). |
|
|
SECTION 10. Section 271.049(a), Local Government Code, is |
|
|
amended to read as follows: |
|
|
(a) Regardless of the sources of payment of certificates, |
|
|
certificates may not be issued unless the issuer publishes notice |
|
|
of its intention to issue the certificates. The notice must be |
|
|
published at least once [a week for two consecutive weeks] in a |
|
|
newspaper, as defined by Subchapter C, Chapter 2051, Government |
|
|
Code, that is of general circulation in the area of the issuer, or |
|
|
posted for at least 14 consecutive days on the Internet website of |
|
|
the issuer, if the issuer has an Internet website, with the date of |
|
|
the first publication or electronic posting to be before the 14th |
|
|
day before the date tentatively set for the passage of the order or |
|
|
ordinance authorizing the issuance of the certificates. |
|
|
SECTION 11. Section 271.055(b), Local Government Code, is |
|
|
amended to read as follows: |
|
|
(b) If an issuer gives notice under this subsection, the |
|
|
notice must: |
|
|
(1) be published at least once [a week for two
|
|
|
consecutive weeks] in a newspaper, as defined by Subchapter C, |
|
|
Chapter 2051, Government Code, that is of general circulation in |
|
|
the area of the issuer, or posted for at least 14 consecutive days |
|
|
on the Internet website of the issuer, if the issuer has an Internet |
|
|
website, with the date of the first publication or electronic |
|
|
posting to be before the 14th day before the date set for the public |
|
|
opening of the bids and the reading of the bids aloud; and |
|
|
(2) state that plans and specifications for the work |
|
|
to be done or specifications for the machinery, supplies, |
|
|
equipment, or materials to be purchased are on file with a |
|
|
designated official of the issuer and may be examined without |
|
|
charge. |
|
|
SECTION 12. Sections 271.112(d) and (e), Local Government |
|
|
Code, are amended to read as follows: |
|
|
(d) For a contract entered into by a municipality, river |
|
|
authority, or defense base development authority under any of the |
|
|
methods provided by this subchapter, the municipality, river |
|
|
authority, or defense base development authority shall publish |
|
|
notice of the time and place the bids or proposals, or the responses |
|
|
to a request for qualifications, will be received and opened. The |
|
|
notice must be published in a newspaper of general circulation in |
|
|
the county in which the defense base development authority's or |
|
|
municipality's central administrative office is located or the |
|
|
county in which the greatest amount of the river authority's |
|
|
territory is located at least once or posted for at least 14 |
|
|
consecutive days on the Internet website of the governmental entity |
|
|
[each week for at least two weeks] before the deadline for receiving |
|
|
bids, proposals, or responses. The notice must be published or |
|
|
electronically posted for the first time before the 14th day before |
|
|
the date of the bid opening. If there is not a newspaper of general |
|
|
circulation in that county and the governmental entity does not |
|
|
maintain an Internet website, the notice shall be published in a |
|
|
newspaper of general circulation in the county nearest the county |
|
|
seat of the county in which the defense base development |
|
|
authority's or municipality's central administrative office is |
|
|
located or the county in which the greatest amount of the river |
|
|
authority's territory is located. In a two-step procurement |
|
|
process, the time and place the second step bids, proposals, or |
|
|
responses will be received are not required to be published |
|
|
separately. |
|
|
(e) For a contract entered into by a county under any of the |
|
|
methods provided by this subchapter, the county shall publish |
|
|
notice of the time and place the bids or proposals, or the responses |
|
|
to a request for qualifications, will be received and opened. The |
|
|
notice must comply with the competitive bidding notice requirements |
|
|
prescribed by Section 262.025(a) [be published in a newspaper of
|
|
|
general circulation in the county once each week for at least two
|
|
|
weeks before the deadline for receiving bids, proposals, or
|
|
|
responses. If there is not a newspaper of general circulation in
|
|
|
the county, the notice shall be:
|
|
|
[(1)posted at the courthouse door of the county; and
|
|
|
[(2) published in a newspaper of general circulation
|
|
|
in the nearest county]. |
|
|
SECTION 13. Section 272.001(a), Local Government Code, is |
|
|
amended to read as follows: |
|
|
(a) Except for the types of land and interests covered by |
|
|
Subsection (b), (g), (h), (i), or (j), and except as provided by |
|
|
Section 253.008, before land owned by a political subdivision of |
|
|
the state may be sold or exchanged for other land, notice to the |
|
|
general public of the offer of the land for sale or exchange must be |
|
|
published in a newspaper of general circulation in either the |
|
|
county in which the land is located or, if there is no such |
|
|
newspaper, in an adjoining county. The notice must include a |
|
|
description of the land, including its location, and the procedure |
|
|
by which sealed bids to purchase the land or offers to exchange the |
|
|
land may be submitted. The notice must be published at least once |
|
|
or posted for at least 14 consecutive days on the political |
|
|
subdivision's Internet website. The [on two separate dates and
|
|
|
the] sale or exchange may not be made until after the 14th day after |
|
|
the date of the first [second] publication or electronic posting. |
|
|
If there is no newspaper of general circulation in the county in |
|
|
which the land is located or the adjoining county and the political |
|
|
subdivision does not maintain an Internet website, the notice must |
|
|
be posted in a prominent place in the county courthouse of the |
|
|
county in which the land is located or posted in the business daily |
|
|
provided on the Internet under Section 2155.083, Government Code, |
|
|
for 14 days before the date the sale or exchange is made. |
|
|
SECTION 14. (a) The changes in law made by this Act to |
|
|
Sections 252.041, 262.025, 262.027, 263.007, 271.025, 271.055, and |
|
|
271.112, Local Government Code, apply only to a contract for which |
|
|
requests for bids, requests for proposals, or requests for |
|
|
qualifications are published or distributed on or after September |
|
|
1, 2007. |
|
|
(b) The change in law made by this Act to Sections 263.001, |
|
|
263.006, and 263.153, Local Government Code, applies only to land |
|
|
offered for sale, lease, or exchange on or after September 1, 2007. |
|
|
(c) The change in law made by this Act to Section 271.049, |
|
|
Local Government Code, applies only to a certificate that is issued |
|
|
on or after September 1, 2007. |
|
|
(d) The change in law made by this Act to Section 272.001, |
|
|
Local Government Code, applies only to land offered for sale or |
|
|
exchange on or after September 1, 2007. |
|
|
SECTION 15. This Act takes effect September 1, 2007. |