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A BILL TO BE ENTITLED
|
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AN ACT
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|
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relating to the purchasing and contracting authority of counties; |
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providing penalties. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 262.002, Local Government Code, is |
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amended to read as follows: |
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Sec. 262.002. AUTHORITY TO COOPERATIVELY PURCHASE GOODS |
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[ROAD EQUIPMENT] AND SERVICES [TIRES THROUGH COMPTROLLER]. (a) A |
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county may purchase an item through a cooperative purchasing |
|
program. The program must use a competitive bidding procedure if |
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the item is otherwise required by law to be purchased through a |
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competitive bidding procedure. [The commissioners court of a county
|
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may purchase through the comptroller road machinery and equipment,
|
|
tires, and tubes to be used by the county.] |
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(b) A county may purchase an item according to a competitive |
|
bidding procedure promulgated by an authorized state agency if the |
|
item is otherwise required by law to be purchased through a |
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competitive bidding procedure. [The commission must purchase an
|
|
item under this section on competitive bids and in accordance with
|
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any rules of the commission.] |
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(c) A county may purchase an item cooperatively through an |
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interlocal agreement. The agreement must provide for a competitive |
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bidding procedure if the item is otherwise required by law to be |
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purchased through a competitive bidding procedure. [A purchase
|
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under this section must be made on the requisition of the
|
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commissioners court. When the court sends the requisition to the
|
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commission, the court must include with the requisition a general
|
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description of the item desired and a certification of the funds
|
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available to pay for the item.] |
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(d) A cooperative purchase under this section does not |
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violate competitive bidding statutes. [The commission may adopt
|
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rules to carry out the purpose of this section.] |
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SECTION 2. Section 262.003, Local Government Code, is |
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amended to read as follows: |
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Sec. 262.003. SMALL, SOLE-SOURCE PURCHASE EXEMPT FROM |
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COMPETITIVE BIDDING. [(a)
Any law that requires a county to follow
|
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a competitive bidding procedure in making a purchase requiring the
|
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expenditure of $25,000 or less does not apply to the purchase of an
|
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item available for purchase from only one supplier.
|
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[(b)] If a county makes a sole-source purchase as described |
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by Section 262.024(a)(7) [covered by Subsection (a)], the county |
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auditor or other appropriate county officer or employee may not |
|
refuse payment for the purchase because a competitive bidding |
|
procedure was not followed. |
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SECTION 3. Section 262.011, Local Government Code, is |
|
amended by amending Subsections (f), (g), (k), (m), and (o) and |
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adding Subsection (q) to read as follows: |
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(f) A purchase made by the county purchasing agent shall be |
|
paid for by an electronic transfer, check, or [a] warrant drawn by |
|
the county auditor on funds in the county treasury in the manner |
|
provided by law. The county auditor may not draw and the county |
|
treasurer may not honor an electronic transfer, check, or [a] |
|
warrant for a purchase unless the purchase is made by the county |
|
purchasing agent or on competitive bid as provided by law. |
|
(g) The county purchasing agent may cooperate with the |
|
purchasing agent of a municipality in the county to purchase any |
|
item in volume as may be necessary. The county treasurer shall |
|
honor an electronic transfer, check, or [a] warrant drawn by the |
|
county auditor to reimburse the municipality's purchasing agent |
|
making the purchase for the county. |
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(k) The board that appoints the county purchasing agent |
|
shall set the salary of the agent in an amount not less than $5,000 a |
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year, payable in equal monthly installments or by any other |
|
distribution at the option of the county. The salary shall be paid |
|
by an electronic transfer, check, or warrant [warrants] drawn on |
|
funds in the county treasury. |
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(m) A person, including an officer, agent, or employee of a |
|
county or of a subdivision or department of a county, commits an |
|
offense if the person violates this section. An offense under this |
|
subsection is a misdemeanor punishable by a fine of not less than |
|
$10 or more than $100[, by confinement in the county jail for not
|
|
less than 30 days or more than one year, or by both the fine and
|
|
confinement]. Each act in violation of this section is a separate |
|
offense. |
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(o) The county purchasing agent shall adopt the rules and |
|
procedures necessary to implement the agent's duties under this |
|
section subject to approval by the commissioners court. |
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Notwithstanding Subsection (f) or other law, rules and procedures |
|
adopted under this subsection may include rules and procedures for |
|
persons to use county purchasing cards to pay for county purchases |
|
under the direction and supervision of the county purchasing agent. |
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Procedures for use of purchasing cards may not avoid the |
|
competitive bidding requirements of this chapter or other |
|
requirements of county financial law. |
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(q) An electronic transfer under this chapter must provide |
|
the same level of internal controls and statutory authorizations as |
|
required for a check or warrant. |
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SECTION 4. Sections 262.0115(d) and (e), Local Government |
|
Code, are amended to read as follows: |
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(d) Under the supervision of the commissioners court, the |
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purchasing agent shall carry out the functions prescribed by law |
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for a purchasing agent under Section 262.011 and for any |
|
ministerial function of the county auditor in regard to county |
|
purchases and contracts and shall administer the procedures |
|
prescribed by law for notice and public bidding for county |
|
purchases and contracts. |
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(e) A county that has established the position of county |
|
purchasing agent under this section may abolish the position at any |
|
time. On the abolition of the position, the county auditor shall |
|
assume the rights and responsibilities of bid or proposal notice |
|
and opening under this chapter and Chapter 271 [functions
|
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previously performed by the purchasing agent]. |
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SECTION 5. Section 262.012, Local Government Code, is |
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amended to read as follows: |
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Sec. 262.012. [COUNTY AUDITORS AS] PURCHASING AGENTS IN |
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[CERTAIN] COUNTIES WITH POPULATION OF 100,000 OR LESS. (a) In a |
|
county with a population of 100,000 or less: |
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(1) a county auditor may, on request of the |
|
commissioners court, assume purchasing responsibilities [The
|
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commissioners court of a county that employs a county auditor
|
|
jointly with one or more counties under Section 84.008 may require
|
|
the auditor to act as the purchasing agent] for the county, in |
|
addition to performing the regular duties of the auditor as |
|
required by law; or |
|
(2) the commissioners court may employ a person to |
|
serve as county purchasing agent at the pleasure of the |
|
commissioners court. |
|
(b) A purchasing agent employed under Subsection (a)(2): |
|
(1) acts under the commissioners court's supervision; |
|
(2) carries out the functions prescribed by law for |
|
county purchases and contracts; and |
|
(3) administers public notice and bidding procedures |
|
for a county purchase or contract. [In a county with a population
|
|
of 41,680 to 42,100, the county auditor shall act as the purchasing
|
|
agent for the county in addition to performing the regular duties of
|
|
the auditor as required by law.] |
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(c) This section applies only to a county in which a county |
|
purchasing agent has not been appointed under Section 262.011. |
|
SECTION 6. Subchapter B, Chapter 262, Local Government |
|
Code, is amended by adding Section 262.013 to read as follows: |
|
Sec. 262.013. QUALIFICATION. A person authorized to make a |
|
purchase on behalf of a county or a county department or office may |
|
not make any purchase until providing to the county or county |
|
department or office a signed acknowledgment that the person |
|
understands the requirements of this chapter and Chapters 263, 270, |
|
and 271. The acknowledgment must be maintained in the person's |
|
personnel file or with the official bond of an elected or appointed |
|
official. |
|
SECTION 7. Section 262.022, Local Government Code, is |
|
amended by adding Subdivisions (3-a), (5-a), and (5-b) and amending |
|
Subdivisions (5) and (6) to read as follows: |
|
(3-a) "Day" means a calendar day unless otherwise |
|
designated. |
|
(5) "Item" means any service, equipment, good, or |
|
other tangible or intangible personal property, including |
|
insurance and high technology items. The term does not include |
|
professional services as defined by Section 2254.002, Government |
|
Code. |
|
(5-a) "Lowest and best" means a bid or offer providing |
|
the best value considering associated direct and indirect costs, |
|
including transport, maintenance, reliability, life cycle, |
|
warranties, and customer service after a sale. |
|
(5-b) "Normal purchasing practice" means: |
|
(A) an accepted custom, practice, or standard for |
|
government procurement in the state; or |
|
(B) a practice recognized by the National |
|
Institute of Government Purchasing regarding the purchase of a |
|
particular good or service. |
|
(6) "Purchase" means any kind of acquisition, |
|
including a lease, of an item regardless of the generation or return |
|
of revenue to the county. |
|
SECTION 8. Section 262.0225, Local Government Code, is |
|
amended by adding Subsection (d) to read as follows: |
|
(d) A county that complies with the competitive bidding |
|
requirements of this chapter and receives no responsive bids for an |
|
item may procure the item under Section 262.0245. |
|
SECTION 9. Section 262.023, Local Government Code, is |
|
amended by amending Subsection (c) and adding Subsections (d) and |
|
(e) to read as follows: |
|
(c) Under this section, a person is presumed to have intent |
|
to avoid the competitive bidding requirement if: |
|
(1) the person makes separate, sequential, or |
|
component purchases of items for that person's office or department |
|
within a single fiscal year; |
|
(2) the office or department budget for similar items |
|
exceeds the competitive bidding threshold; and |
|
(3) the purchase is not office supplies [In applying
|
|
the requirements established by Subsection (a), all separate,
|
|
sequential, or component purchases of items ordered or purchased,
|
|
with the intent of avoiding the requirements of this subchapter,
|
|
from the same supplier by the same county officer, department, or
|
|
institution are treated as if they are part of a single purchase and
|
|
of a single contract. In applying this provision to the purchase of
|
|
office supplies, separate purchases of supplies by an individual
|
|
department are not considered to be part of a single purchase and
|
|
single contract by the county if a specific intent to avoid the
|
|
requirements of this subchapter is not present]. |
|
(d) A person may rebut the presumption under Subsection (c) |
|
if the person: |
|
(1) timely obtained an exemption for the purchases |
|
from the commissioners court under Section 262.024; |
|
(2) initiated competitive bidding procedures within a |
|
reasonable time after reaching the competitive bidding threshold; |
|
or |
|
(3) complied with a routine competitive procurement |
|
practice adopted by the county purchasing agent or commissioners |
|
court under Section 262.0245. |
|
(e) In applying the requirements established in Subsection |
|
(a), "expenditure" means the final price to be paid for the item or |
|
items purchased. |
|
SECTION 10. Section 262.024, Local Government Code, is |
|
amended by amending Subsections (a), (b), and (d) and adding |
|
Subsection (b-1) to read as follows: |
|
(a) A contract for the purchase of any of the following |
|
items is exempt from the requirement established by Section 262.023 |
|
if the commissioners court by order grants the exemption: |
|
(1) an item that must be purchased in a case of public |
|
calamity if it is necessary to make the purchase promptly to relieve |
|
the necessity of the citizens or to preserve the property of the |
|
county; |
|
(2) an item necessary to preserve or protect the |
|
public health or safety of the residents of the county; |
|
(3) an item necessary because of unforeseen damage to |
|
public property; |
|
(4) a personal or professional service; |
|
(5) any individual work performed and paid for by the |
|
day, as the work progresses, provided that no individual is |
|
compensated under this subsection for more than 20 working days in |
|
any three month period; |
|
(6) any land or right-of-way; |
|
(7) an item that can be obtained from only one source, |
|
including: |
|
(A) items for which competition is precluded |
|
because of the existence of patents, copyrights, secret processes, |
|
or monopolies; |
|
(B) films, manuscripts, or books; |
|
(C) electric power, gas, water, and other utility |
|
services; and |
|
(D) captive replacement parts or components for |
|
equipment; |
|
(8) an item of food; |
|
(9) personal property sold: |
|
(A) at an auction by a state licensed auctioneer |
|
or in a commercial online auction available to the general public; |
|
(B) at a going out of business sale held in |
|
compliance with Subchapter F, Chapter 17, Business & Commerce Code; |
|
or |
|
(C) by a political subdivision of this state, a |
|
state agency of this state, or an entity of the federal government; |
|
(10) any work performed under a contract for community |
|
and economic development made by a county under Section 381.004; |
|
[or] |
|
(11) vehicle and equipment repairs; or |
|
(12) transportation and lodging purchased in |
|
compliance with travel policies adopted by the commissioners court. |
|
(b) The renewal or extension of an [a lease or of an
|
|
equipment maintenance] agreement to purchase equipment, supplies, |
|
or maintenance service is exempt from the requirement established |
|
by Section 262.023 if the commissioners court by order grants the |
|
exemption and if: |
|
(1) [the lease or agreement has gone through the
|
|
competitive bidding procedure within the preceding year;
|
|
[(2)] the renewal or extension does not exceed one |
|
year; and |
|
(2) [(3)] the renewal or extension is the first or |
|
second renewal or extension of the [lease or] agreement. |
|
(b-1) The renewal or extension of an agreement to purchase |
|
equipment, supplies, or maintenance service initially obtained |
|
through a competitive bidding process is exempt from the |
|
requirement established by Section 262.023. |
|
(d) The exemption granted under Subsection (a)(8) of this |
|
section shall apply only to the sealed competitive bidding |
|
requirements on food purchases. Counties shall solicit at least |
|
three bids for purchases of food items by telephone or written |
|
quotation at intervals specified by the commissioners court. |
|
Counties shall award food purchase contracts to the responsible |
|
bidder who submits the lowest and best bid or shall reject all bids |
|
and repeat the bidding process, as provided by this subsection. The |
|
purchasing officer taking telephone or written bids under this |
|
subsection shall maintain, on a form approved by the commissioners |
|
court, a record of all bids solicited and the vendors contacted. |
|
This record may be [shall be kept in the purchasing office for a
|
|
period of at least one year or until] audited by the county auditor. |
|
SECTION 11. Section 262.0245, Local Government Code, is |
|
amended to read as follows: |
|
Sec. 262.0245. COMPETITIVE BIDDING PROCEDURES ADOPTED BY |
|
COUNTY PURCHASING AGENTS OR COMMISSIONERS COURT. A county |
|
purchasing agent or, in a county without a purchasing agent, the |
|
commissioners court shall adopt procedures that provide for |
|
competitive procurement [bidding], to the extent practicable under |
|
the circumstances, for the county purchase of an item [under a
|
|
contract] that is not subject to competitive bidding under Section |
|
262.023 or for which the county receives no responsive bid. |
|
SECTION 12. Section 262.025, Local Government Code, is |
|
amended by amending Subsection (a) and adding Subsections (a-1), |
|
(b-1), and (b-2) 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, with the first day of publication occurring at least 14 days |
|
before the [14th day before the] date of the bid opening. If there |
|
is no newspaper of general circulation in the county, the notice |
|
must be posted in a [prominent] place described by Section 51.002, |
|
Property Code, [in the courthouse] for 14 days before the date of |
|
the bid opening. Notice published in a newspaper under this section |
|
must include: |
|
(1) a general statement of the proposed purchase; |
|
(2) the name and telephone number of the purchasing |
|
agent; and |
|
(3) the county website address, if any. |
|
(a-1) Nothing in Subsection (a) shall be construed to |
|
require more than one notice in one newspaper or to limit the county |
|
from providing additional notice for longer periods or in more |
|
locations. |
|
(b-1) If a county maintains an Internet website, the county, |
|
instead of meeting the publication requirements under Subsection |
|
(a), may: |
|
(1) publish notice in a newspaper described by |
|
Subsection (a) once not later than the 14th day before the bid |
|
receipt deadline; and |
|
(2) post notice continuously on its website for at |
|
least 14 days immediately preceding the bid receipt deadline. |
|
(b-2) The newspaper notice under Subsection (b-1) must |
|
include the time and place at which the bids will be publicly opened |
|
and the website address for the procurement information. |
|
SECTION 13. Section 262.0255, Local Government Code, is |
|
amended by adding Subsection (c) to read as follows: |
|
(c) A commissioners court purchasing earth-moving, |
|
material-handling, road maintenance, or construction equipment |
|
under Section 271.083 of this code or Section 791.025, Government |
|
Code, may negotiate with a vendor awarded a cooperative contract |
|
under those sections an agreement for the vendor to purchase or |
|
accept as trade used equipment owned by the county. |
|
SECTION 14. Section 262.0256, Local Government Code, as |
|
amended by Chapters 660 (H.B. 2242) and 725 (H.B. 3089), Acts of the |
|
78th Legislature, Regular Session, 2003, is reenacted and amended |
|
to read as follows: |
|
Sec. 262.0256. PRE-BID CONFERENCE FOR CERTAIN COUNTIES OR A |
|
DISTRICT GOVERNED BY THOSE COUNTIES. (a) [This section applies
|
|
only to a county with a population of 2.8 million or more.
|
|
[(b)] The commissioners court of 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) [(c)] After a conference is conducted under Subsection |
|
(a) [(b)], any additional required notice for the proposed purchase |
|
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 15. Section 262.026(b), Local Government Code, is |
|
amended to read as follows: |
|
(b) Opened bids shall be kept on file and available for |
|
inspection by anyone desiring to see them until the first |
|
anniversary of the date of opening. |
|
SECTION 16. Section 262.027, Local Government Code, is |
|
amended by amending Subsection (c) and adding Subsection (g) to |
|
read as follows: |
|
(c) A contract may not be awarded to a bidder who is not the |
|
lowest dollar bidder meeting specifications unless, before the |
|
award, each lower bidder is given: |
|
(1) notice of the proposed award; |
|
(2) the purchasing agent's evaluation and |
|
recommendation to the commissioners court or the commissioners |
|
court's evaluation of the bid as lowest and best; and |
|
(3) [is given] an opportunity to appear before the |
|
commissioners court and present previously unconsidered evidence |
|
concerning the value of the lower bid, which may include evidence of |
|
the bidder's responsibility. |
|
(g) If after the award the successful bidder fails to |
|
qualify for required bonds, or is otherwise unable to meet the |
|
requirements of the award, the commissioners court may award the |
|
contract to the next bidder in order of ranking as lowest and best |
|
bid. |
|
SECTION 17. Section 262.0271(b), Local Government Code, is |
|
amended to read as follows: |
|
(b) In purchasing items under this chapter through a |
|
competitive bidding process, if a county receives one or more bids |
|
from a bidder who provides reasonable [comparable] health insurance |
|
coverage to its employees and requires a subcontractor the bidder |
|
intends to use to provide reasonable [comparable] health insurance |
|
coverage to the subcontractor's employees and whose bid is within |
|
five percent of the lowest and best bid price received by the county |
|
from a bidder who does not provide or require reasonable |
|
[comparable] health insurance coverage, the commissioners court of |
|
the county may give preference to the bidder who provides and |
|
requires reasonable [comparable] health insurance coverage. |
|
SECTION 18. Section 262.0276, Local Government Code, is |
|
amended by amending Subsection (a) and adding Subsection (d) 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, the commissioners court may |
|
adopt rules permitting the county to refuse to enter into a contract |
|
or other transaction with a person who owes a debt [indebted] to the |
|
county. |
|
(d) In this section, "debt" includes delinquent taxes, |
|
fines, fees, and indebtedness arising from written agreements with |
|
the county. |
|
SECTION 19. Section 262.0295(d), Local Government Code, is |
|
amended to read as follows: |
|
(d) Within 30 days after the date the unpriced proposals are |
|
opened under Subsection (c), the county official shall present the |
|
priced bids to the commissioners court. The award of the contract |
|
shall be made to the responsible offeror whose bid is determined to |
|
be the lowest and best evaluated offer resulting from negotiation. |
|
All proposals and bids that have been submitted shall be available |
|
and open for public inspection after the contract is awarded. |
|
SECTION 20. Section 262.030(b), Local Government Code, is |
|
amended to read as follows: |
|
(b) Quotations must be solicited through a request for |
|
proposals. Public notice for the request for proposals must be made |
|
in the same manner as provided in the competitive bidding |
|
procedure. The request for proposals must specify the relative |
|
importance of price and other evaluation factors. The award of the |
|
contract shall be made to the responsible offeror whose proposal is |
|
determined to be the lowest and best evaluated offer resulting from |
|
negotiation, taking into consideration the relative importance of |
|
price and other evaluation factors set forth in the request for |
|
proposals. |
|
SECTION 21. Section 262.032, Local Government Code, is |
|
amended by adding Subsection (e) to read as follows: |
|
(e) The commissioners court may establish financial |
|
criteria for accepting surety companies that provide bid, payment, |
|
or performance bonds. |
|
SECTION 22. Section 262.034, Local Government Code, is |
|
amended to read as follows: |
|
Sec. 262.034. CRIMINAL PENALTIES. (a) A county officer or |
|
employee commits an offense if the officer or employee |
|
intentionally or knowingly: |
|
(1) violates Section 262.023; or |
|
(2) makes or authorizes separate, sequential, or |
|
component purchases to avoid the competitive bidding requirements |
|
of Section 262.023. |
|
(b) Except as provided by Subsection (c), an offense under |
|
this section is a Class C misdemeanor. |
|
(c) An offense under this section [subsection]is: |
|
(1) a Class B misdemeanor if the officer or employee |
|
has a personal relationship with the selected vendor that has not |
|
been previously disclosed to and approved by the appropriate |
|
governing body; or |
|
(2) a Class A misdemeanor if the officer or employee |
|
receives or has received from the vendor a benefit as defined by |
|
Section 1.07, Penal Code, not provided to all employees. |
|
(d) For purposes of this section, "personal relationship" |
|
means a connection by blood, marriage, business, or friendship with |
|
another person or business entity such that the officer or employee |
|
has a direct and substantial interest in the welfare of that person |
|
or business entity. |
|
(e) This section does not apply to a purchase that complies |
|
with a procedure adopted under Section 262.0245. |
|
[(b)
A county officer or employee commits an offense if the
|
|
officer or employee intentionally or knowingly violates Section
|
|
262.023, other than by conduct described by Subsection (a). An
|
|
offense under this subsection is a Class B misdemeanor.
|
|
[(c)
A county officer or employee commits an offense if the
|
|
officer or employee intentionally or knowingly violates this
|
|
subchapter, other than by conduct described by Subsection (a) or
|
|
(b). An offense under this subsection is a Class C misdemeanor.] |
|
SECTION 23. Section 262.036(a), Local Government Code, is |
|
amended to read as follows: |
|
(a) Notwithstanding any other provision in this chapter, a |
|
county [with a population of 800,000 or more] may select an |
|
appropriately licensed insurance agent as the sole broker of record |
|
to obtain proposals and coverages for insurance that provides |
|
necessary coverage and adequate limits of coverage in all areas of |
|
risk, including public official liability, property, casualty, |
|
workers' compensation, and specific and aggregate stop-loss |
|
coverage for self-funded health care. |
|
SECTION 24. Section 271.025(e), Local Government Code, is |
|
amended to read as follows: |
|
(e) A [In a county with a population of 3.3 million or more,
|
|
the] county and any district or authority created under Article |
|
XVI, Section 59, of the Texas Constitution of which the governing |
|
body is the commissioners court may require that a minimum of 25 |
|
percent of the work be performed by the bidder and, notwithstanding |
|
any other law to the contrary, may establish financial criteria for |
|
the surety companies that provide payment and performance bonds. |
|
SECTION 25. Section 271.029, Local Government Code, is |
|
amended to read as follows: |
|
Sec. 271.029. CRIMINAL PENALTIES. (a) An officer or |
|
employee [of a governmental entity] commits an offense if the |
|
officer or employee intentionally or knowingly: |
|
(1) violates Section 271.024; or |
|
(2) makes or authorizes separate, sequential, or |
|
component purchases to avoid the competitive bidding requirements |
|
of the statute that requires a contract described by Section |
|
271.024 [to be awarded on the basis of competitive bids]. |
|
(b) Except as provided by Subsection (c), an offense under |
|
this section is a Class C misdemeanor. |
|
(c) An offense under this subsection is: |
|
(1) a Class B misdemeanor if the officer or employee |
|
has a personal relationship with the selected vendor that has not |
|
been previously disclosed to and approved by the appropriate |
|
governing body; or |
|
(2) a Class A misdemeanor if the officer or employee |
|
receives or has received from the vendor a benefit as defined in |
|
Section 1.07, Penal Code, not provided to all employees. |
|
(d) For purposes of this section, "personal relationship" |
|
means a connection by blood, marriage, business, or friendship with |
|
another person or business entity such that the officer or employee |
|
has a direct and substantial interest in the welfare of that person |
|
or business entity. |
|
(e) This section does not apply to a purchase that complies |
|
with a procedure adopted under Section 271.024. |
|
[(b)
An officer or employee of a governmental entity commits
|
|
an offense if the officer or employee intentionally or knowingly
|
|
violates the competitive bidding requirements of the statute that
|
|
requires a contract described by Section 271.024 to be awarded on
|
|
the basis of competitive bids, other than by conduct described by
|
|
Subsection (a). An offense under this subsection is a Class B
|
|
misdemeanor.
|
|
[(c)
An officer or employee of a governmental entity commits
|
|
an offense if the officer or employee intentionally or knowingly
|
|
violates this subchapter, other than by conduct described by
|
|
Subsection (a) or (b). An offense under this subsection is a Class
|
|
C misdemeanor.] |
|
SECTION 26. Section 271.042, Local Government Code, is |
|
amended by amending Subsection (b) and adding Subsection (c) to |
|
read as follows: |
|
(b) If there is a conflict between a provision of this |
|
subchapter and a provision of Chapter 252 or 262, an issuer may use |
|
either provision, and it is not necessary for the governing body to |
|
designate the law under which action is being taken. |
|
(c) Notwithstanding Subsection (b), for purposes of |
|
enforcement or penalty, a county official or employee is presumed |
|
to act under Chapter 262. |
|
SECTION 27. Section 271.055(e), Local Government Code, is |
|
amended to read as follows: |
|
(e) A [In a county with a population of 3.3 million or more,
|
|
the] county and any district or authority created under Article |
|
XVI, Section 59, of the Texas Constitution of which the governing |
|
body is the commissioners court may require that a minimum of 25 |
|
percent of the work be performed by the bidder and, notwithstanding |
|
any other law to the contrary, may establish financial criteria for |
|
the surety companies that provide payment and performance bonds. |
|
SECTION 28. Section 271.064, Local Government Code, is |
|
amended to read as follows: |
|
Sec. 271.064. CRIMINAL PENALTIES. (a) An officer or |
|
employee of an issuer commits an offense if the officer or employee |
|
intentionally or knowingly: |
|
(1) violates Section 271.054; or |
|
(2) makes or authorizes separate, sequential, or |
|
component purchases to avoid the competitive bidding requirements |
|
of Section 271.054. |
|
(b) Except as provided by Subsection (c), an offense under |
|
this section is a Class C misdemeanor. |
|
(c) An offense under this section [subsection] is: |
|
(1) a Class B misdemeanor if the officer or employee |
|
has a personal relationship with the selected vendor that has not |
|
been previously disclosed to and approved by the appropriate |
|
governing body; or |
|
(2) a Class A misdemeanor if the officer or employee |
|
receives or has received from the vendor a benefit as defined in |
|
Section 1.07, Penal Code, not provided to all employees. |
|
(d) For purposes of this section, "personal relationship" |
|
means a connection by blood, marriage, business, or friendship with |
|
another person or business entity such that the officer or employee |
|
has a direct and substantial interest in the welfare of that person |
|
or business entity. |
|
(e) This section does not apply to a purchase that complies |
|
with a procedure adopted under Section 271.054. |
|
[(b)
An officer or employee of an issuer commits an offense
|
|
if the officer or employee intentionally or knowingly violates
|
|
Section 271.054, other than by conduct described by Subsection (a).
|
|
An offense under this subsection is a Class B misdemeanor.
|
|
[(c)
An officer or employee of an issuer commits an offense
|
|
if the officer or employee intentionally or knowingly violates this
|
|
subchapter, other than by conduct described by Subsection (a) or
|
|
(b). An offense under this subsection is a Class C misdemeanor.] |
|
SECTION 29. Section 252.312, Transportation Code, is |
|
amended by amending Subsection (b) and adding Subsection (d) to |
|
read as follows: |
|
(b) If the county road engineer so recommends and the |
|
commissioners court considers it to be in the best interest of the |
|
county, a purchase in an amount of $25,000 or less may be made |
|
through negotiation by the commissioners court or the court's |
|
authorized representative under Subchapter B, Chapter 262, Local |
|
Government Code, on requisition to be approved by the commissioners |
|
court [or the county auditor] without advertising for competitive |
|
bids. |
|
(d) The cost under this section is the final amount of the |
|
payment for the purchase. |
|
SECTION 30. Sections 262.0295(a)(3), 262.035, 271.030, and |
|
271.065, Local Government Code, are repealed. |
|
SECTION 31. The changes in law made by this Act apply only |
|
to purchases made or a bid deadline that occurs on or after |
|
September 1, 2009. A purchase made or a bid deadline that occurs |
|
before September 1, 2009, is governed by the law as it existed |
|
immediately before the effective date of this Act, and that law is |
|
continued in effect for that purpose. |
|
SECTION 32. (a) Notwithstanding Section 31 of this Act, the |
|
changes in law made by this Act to Sections 262.034, 271.029, and |
|
271.064, Local Government Code, apply only to an offense committed |
|
on or after the effective date of this Act. For purposes of this |
|
section, an offense is committed before the effective date of this |
|
Act if any element of the offense occurs before that date. |
|
(b) An offense committed before the effective date of this |
|
Act is covered by the law in effect immediately before the effective |
|
date of this Act, and the former law is continued in effect for that |
|
purpose. |
|
SECTION 33. This Act takes effect September 1, 2009. |
|
|
|
* * * * * |