By: Hopson (Senate Sponsor - Nichols) H.B. No. 3668

(In the Senate - Received from the House May 6, 2009; May 7, 2009, read first time and referred to Committee on Intergovernmental Relations; May 18, 2009, reported favorably by the following vote: Yeas 5, Nays 0; May 18, 2009, sent to printer.)

A BILL TO BE ENTITLED

AN ACT

relating to the injunction of municipal purchasing contracts.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 252.061, Local Government Code, is amended to read as follows:

Sec. 252.061. INJUNCTION. If the contract is made without compliance with this chapter, it is void and the performance of the contract, including the payment of any money under the contract, may be enjoined by:

(1) any property tax paying resident of the municipality; or

(2) a person who submitted a bid for a contract for which the competitive sealed bidding requirement applies, regardless of residency, if the contract is for the construction of public works.

SECTION 2. The change in law made by this Act applies only to a contract entered into on or after the effective date of this Act. A contract entered into before the effective date of this Act is governed by the law in effect immediately before that date, and the former law is continued in effect for that purpose.

SECTION 3. This Act takes effect September 1, 2009.

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