BILL ANALYSIS

 

 

 

H.B. 1869

By: Giddings

County Affairs

Committee Report (Unamended)

 

 

 

BACKGROUND AND PURPOSE

 

In a previous session, the Texas Legislature passed legislation that allows certain small or medium size cities or counties the option to accept bids from a bidder whose principal place of business is within the locality if the bid is within three percent of the lowest bid price.  In a subsequent session, legislation changed population brackets so that the provisions apply to other municipalities and counties.  H.B. 1869, in order to allow larger urban cities and counties to have the same option, removes population brackets.

 

RULEMAKING AUTHORITY

 

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

 

ANALYSIS

 

H.B. 1869 amends the Local Government Code, under provisions relating to the purchasing and contracting authority of municipalities, counties, and certain other local governments, to remove the conditions that a municipality have a population of 200,000 or less and that a county have a population of 400,000 or less, which municipality or county is authorized to purchase real property or personal property that is not affixed to real property, to be included in the definition of "local government" for purposes of provisions relating to the consideration of the location of a bidder's principal place of business when awarding a contract.  The bill, in a provision making provisions relating to the consideration of the location of a bidder's principal place of business in certain municipalities applicable only to a municipality with a population of less than 250,000 that is authorized to purchase real property or personal property that is not affixed to real property, removes the requirement that the municipality have a population of less than 250,000 in order for the provision to be applicable.

 

EFFECTIVE DATE

 

On passage, or, if the bill does not receive the necessary vote, September 1, 2011.