81R4095 PMO-F
 
  By: Wentworth S.B. No. 447
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the award of certain municipal contracts.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Sections 271.9051(a) and (b), Local Government
  Code, are amended to read as follows:
         (a)  This section applies only to a municipality with a
  population of less than 250,000 that contracts for or purchases [is
  authorized under this title to purchase real property or personal
  property that is not affixed to real property.
         [(b)  In purchasing] under this title:
               (1)  [any] real property;
               (2)  [,] personal property that is not affixed to real
  property;
               (3)  [, or] services; or
               (4)  construction of a building, road, street, bridge,
  utility, or storm drainage facility.
         (b)  If [, if] a municipality receives one or more
  competitive sealed bids from a bidder whose principal place of
  business is in the municipality and whose bid is within five percent
  of the lowest bid price received by the municipality from a bidder
  who is not a resident of the municipality, the municipality may
  enter into a contract with:
               (1)  the lowest bidder; or
               (2)  the bidder whose principal place of business is in
  the municipality if the governing body of the municipality
  determines, in writing, that the local bidder offers the
  municipality the best combination of contract price and additional
  economic development opportunities for the municipality created by
  the contract award, including the employment of residents of the
  municipality and increased tax revenues to the municipality.
         SECTION 2.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2009.