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A BILL TO BE ENTITLED
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AN ACT
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relating to publication of notice for certain transactions |
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involving local government entities. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 44.031, Education Code, is amended by |
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adding Subsections (g-1) and (g-2) to read as follows: |
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(g-1) If a school district maintains an Internet website, |
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the district, instead of meeting the publication requirements under |
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Subsection (g), may: |
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(1) publish notice in a newspaper described by |
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Subsection (g) once not later than the 14th day before the bid |
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receipt deadline; and |
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(2) post notice continuously on its website for at |
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least 14 days immediately preceding the bid receipt deadline. |
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(g-2) The newspaper notice under Subsection (g-1) must |
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include the time and place at which the bids will be publicly opened |
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and the website address for the procurement information. |
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SECTION 2. Section 252.041, Local Government Code, is |
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amended by amending Subsection (a) and adding Subsections (a-1) and |
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(a-2) to read as follows: |
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(a) If the competitive sealed procurement [bidding] |
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requirement applies to the contract, notice of the time and place at |
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which the bids will be publicly opened and read aloud must be |
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published at least once a week for two consecutive weeks in a |
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newspaper published in the municipality. The date of the first |
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publication must be before the 14th day before the date set to |
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publicly open the bids and read them aloud. If no newspaper is |
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published in the municipality, the notice must be posted at the city |
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hall for 14 days before the date set to publicly open the bids and |
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read them aloud. In a two-step procurement process, the time and |
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place where the second-step bids, proposals, or responses will be |
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received are not required to be published separately. |
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(a-1) If a municipality maintains an Internet website, the |
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municipality, instead of meeting the publication requirements |
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under Subsection (a), may: |
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(1) publish notice in a newspaper described by |
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Subsection (a) once not later than the 14th day before the bid |
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receipt deadline; and |
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(2) post notice continuously on its website for at |
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least 14 days immediately preceding the bid receipt deadline. |
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(a-2) The newspaper notice under Subsection (a-1) must |
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include the time and place at which the bids will be publicly opened |
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and the website address for the procurement information. |
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SECTION 3. Section 262.025, Local Government Code, is |
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amended by amending Subsections (a) and (b) and adding Subsection |
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(c) and (c-1) to read as follows: |
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(a) A notice of a proposed purchase must be published at |
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least once a week in a newspaper of general circulation in the |
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county, with the first day of publication occurring before the 14th |
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day before the date of the bid opening. If there is no newspaper of |
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general circulation in the county, the notice must be posted in a |
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prominent place in the courthouse for 14 days before the date of the |
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bid opening. In a two-step procurement process, the time and place |
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where the second-step bids, proposals, or responses will be |
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received are not required to be published separately. |
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(b) The notice must include: |
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(1) the specifications describing the item to be |
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purchased or a statement of where the specifications may be |
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obtained; |
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(2) the time and place at which the bids will be |
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publicly opened and read aloud [for receiving and opening bids] and |
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the name and position of the county official or employee to whom the |
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bids are to be sent; |
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(3) whether the bidder should use lump-sum or unit |
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pricing; |
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(4) the method of payment by the county; and |
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(5) the type of bond required by the bidder. |
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(c) If a county maintains an Internet website, the county, |
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instead of meeting the publication requirements under Subsection |
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(a), may: |
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(1) publish notice in a newspaper described by |
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Subsection (a) once not later than the 14th day before the bid |
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receipt deadline; and |
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(2) post notice continuously on its website for at |
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least 14 days immediately preceding the bid receipt deadline. |
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(c-1) The newspaper notice under Subsection (c) must |
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include the time and place at which the bids will be publicly opened |
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and the website address for the procurement information. |
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SECTION 4. Section 263.153(b), Local Government Code, is |
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amended to read as follows: |
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(b) The notice must be published not later than [on or
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after] the 14th [30th day but before the 10th] day before the date |
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of the sale. |
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SECTION 5. Section 271.025, Local Government Code, is |
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amended by amending Subsections (a), (b), (c), and (d) and adding |
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Subsections (b-1) and (b-2) to read as follows: |
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(a) The governmental entity must advertise for bids. The |
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advertisement for bids must include a notice that: |
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(1) describes the work; |
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(2) states the location at which the bidding |
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documents, plans, specifications, or other data may be examined by |
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all bidders; and |
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(3) states the time and place for submitting bids and |
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the time and place [that] at which the bids will be publicly opened |
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and read aloud. |
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(b) The advertisement must be published as required by law. |
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If no legal requirement for publication exists, the advertisement |
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must be published at least twice in one or more newspapers of |
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general circulation in the county or counties in which the work is |
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to be performed. The first [second] publication of notice must be |
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on or before the 14th [10th] day before the first date bids may be |
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submitted. |
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(b-1) If the governmental entity maintains an Internet |
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website, the entity, instead of meeting the publication |
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requirements under Subsection (b), may: |
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(1) publish notice in a newspaper described by |
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Subsection (b) once not later than the 14th day before the bid |
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receipt deadline; and |
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(2) post notice continuously on its website for at |
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least 14 days immediately preceding the bid receipt deadline. |
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(b-2) The newspaper notice under Subsection (b-1) must |
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include the time and place at which the bids will be publicly opened |
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and the website address for the procurement information. |
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(c) The governmental entity must provide [mail a] notice |
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containing the information required under Subsection (a) to any |
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organization that: |
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(1) requests in advance that notices for bids be sent |
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to it; |
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(2) agrees in writing to pay the actual cost of mailing |
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the notice; and |
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(3) certifies that it circulates notices for bids to |
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the construction trade in general. |
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(d) The governmental entity shall provide [mail a] notice |
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required under Subsection (c) on or before the date the first |
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newspaper advertisement under this section is published. |
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SECTION 6. The changes in law made by this Act apply only to |
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a notice required to be provided on or after September 1, 2009. A |
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notice required to be provided before September 1, 2009, is |
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governed by the law in effect immediately before that date, and that |
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law is continued in effect for that purpose. |
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SECTION 7. This Act takes effect September 1, 2009. |