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A BILL TO BE ENTITLED
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AN ACT
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relating to the acceptance of bids for certain contracts for |
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improvements to real property from a person who received |
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compensation for participating in the preparation of the bidding |
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specifications. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter Z, Chapter 271, Local Government |
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Code, is amended by adding Section 271.909 to read as follows: |
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Sec. 271.909. CERTAIN BIDS AND CONTRACTS FOR IMPROVEMENTS |
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TO REAL PROPERTY PROHIBITED. (a) In this section, "local |
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government" means a municipality, county, or other political |
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subdivision of this state subject to competitive bidding |
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requirements. |
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(b) A local government may not accept a bid or award a |
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contract for an improvement to real property that includes proposed |
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financial participation by a person who received compensation from |
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the local government to participate in preparing the specifications |
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or request for proposals on which the bid or contract is based. |
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(c) A bid or award subject to the requirements of this |
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section must include the following statement: |
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"Under Section 271.909, Local Government Code, the vendor |
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certifies that the individual or business entity named in this bid |
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or contract is not ineligible to receive the specified contract and |
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acknowledges that this contract may be terminated and payment |
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withheld if this certification is inaccurate." |
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(d) If a local government determines that an individual or |
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business entity holding a local government contract was ineligible |
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to have the contract accepted or awarded under Subsection (b), the |
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local government may immediately terminate the contract without |
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further obligation to the vendor. |
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(e) This section does not create a cause of action to |
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contest a bid or award of a local government contract. |
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(f) This section does not prohibit a bidder or contract |
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participant from providing free technical assistance to a local |
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government. |
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(g) This section does not apply to a contract for |
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professional services that constitute the practice of architecture |
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within the meaning of Chapter 1051, Occupations Code, or the |
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practice of engineering within the meaning of Chapter 1001, |
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Occupations Code. |
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SECTION 2. The change in law made by this Act applies only |
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to a request for proposals, competitive bidding notice, or other |
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similar request issued by a local government on or after the |
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effective date of this Act. |
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SECTION 3. This Act takes effect September 1, 2013. |