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  81R1090 DRH-D
 
  By: Estes S.B. No. 253
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the amount of a county expenditure for which
  competitive bidding is required.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 262.003(a), Local Government Code, is
  amended to read as follows:
         (a)  Any law that requires a county to follow a competitive
  bidding procedure in making a purchase requiring the expenditure of
  $50,000 [$25,000] or less does not apply to the purchase of an item
  available for purchase from only one supplier.
         SECTION 2.  Section 262.023(a), Local Government Code, is
  amended to read as follows:
         (a)  Before a county may purchase one or more items under a
  contract that will require an expenditure exceeding $50,000
  [$25,000], the commissioners court of the county must:
               (1)  comply with the competitive bidding or competitive
  proposal procedures prescribed by this subchapter;
               (2)  use the reverse auction procedure, as defined by
  Section 2155.062(d), Government Code, for purchasing; or
               (3)  comply with a method described by Subchapter H,
  Chapter 271.
         SECTION 3.  Section 271.024, Local Government Code, is
  amended to read as follows:
         Sec. 271.024.  COMPETITIVE BIDDING PROCEDURE APPLICABLE TO
  CONTRACT. The bidding of [If a governmental entity is required by
  statute to award] a contract awarded by a governmental entity for
  the construction, repair, or renovation of a structure, road,
  highway, or other improvement or addition to real property [on the
  basis of competitive bids, and if the contract requires the
  expenditure of more than $25,000 from the funds of the entity, the
  bidding on the contract] must be accomplished in the manner
  provided by this subchapter if:
               (1)  a statute requires the governmental entity to
  award the contract on the basis of competitive bids; and
               (2)  the contract requires the expenditure of more
  than:
                     (A)  $25,000 from the funds of a governmental
  entity other than a county; or
                     (B)  $50,000 from the funds of a county.
         SECTION 4.  Section 363.156(b), Local Government Code, is
  amended to read as follows:
         (b)  To the extent competitive bidding procedures in Title 8
  apply, the board may not enter purchasing contracts that involve
  spending more than $50,000 [$25,000] unless the board complies
  with:
               (1)  Subchapter C, Chapter 262, if the district was
  created by a county; or
               (2)  Chapter 252, if the district was created by a
  municipality.
         SECTION 5.  The change in law made by this Act applies only
  to a contract awarded on or after the effective date of this Act.
         SECTION 6.  This Act takes effect September 1, 2009.