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A BILL TO BE ENTITLED
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AN ACT
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relating to exempting expenditures for advertising from certain |
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competitive bidding requirements for municipalities. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subsection (a), Section 252.022, Local |
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Government Code, is amended to read as follows: |
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(a) This chapter does not apply to an expenditure for: |
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(1) a procurement made because of a public calamity |
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that requires the immediate appropriation of money to relieve the |
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necessity of the municipality's residents or to preserve the |
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property of the municipality; |
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(2) a procurement necessary to preserve or protect the |
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public health or safety of the municipality's residents; |
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(3) a procurement necessary because of unforeseen |
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damage to public machinery, equipment, or other property; |
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(4) a procurement for personal, professional, or |
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planning services; |
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(5) a procurement for work that is performed and paid |
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for by the day as the work progresses; |
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(6) a purchase of land or a right-of-way; |
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(7) a procurement of items that are available from |
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only one source, including: |
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(A) items that are available from only one source |
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because of patents, copyrights, secret processes, or natural |
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monopolies; |
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(B) films, manuscripts, or books; |
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(C) gas, water, and other utility services; |
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(D) captive replacement parts or components for |
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equipment; |
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(E) books, papers, and other library materials |
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for a public library that are available only from the persons |
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holding exclusive distribution rights to the materials; and |
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(F) management services provided by a nonprofit |
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organization to a municipal museum, park, zoo, or other facility to |
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which the organization has provided significant financial or other |
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benefits; |
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(8) a purchase of rare books, papers, and other |
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library materials for a public library; |
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(9) paving drainage, street widening, and other public |
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improvements, or related matters, if at least one-third of the cost |
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is to be paid by or through special assessments levied on property |
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that will benefit from the improvements; |
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(10) a public improvement project, already in |
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progress, authorized by the voters of the municipality, for which |
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there is a deficiency of funds for completing the project in |
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accordance with the plans and purposes authorized by the voters; |
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(11) a payment under a contract by which a developer |
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participates in the construction of a public improvement as |
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provided by Subchapter C, Chapter 212; |
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(12) personal property sold: |
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(A) at an auction by a state licensed auctioneer; |
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(B) at a going out of business sale held in |
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compliance with Subchapter F, Chapter 17, Business & Commerce Code; |
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(C) by a political subdivision of this state, a |
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state agency of this state, or an entity of the federal government; |
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or |
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(D) under an interlocal contract for cooperative |
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purchasing administered by a regional planning commission |
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established under Chapter 391; |
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(13) services performed by blind or severely disabled |
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persons; |
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(14) goods purchased by a municipality for subsequent |
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retail sale by the municipality; [or] |
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(15) electricity; or |
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(16) advertising, other than legal notices. |
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SECTION 2. This Act takes effect September 1, 2007. |