| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to a prohibition on a vendor contact with a member of the |
|
|
board of trustees of certain independent school districts during |
|
|
the procurement process. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Subchapter B, Chapter 44, Education Code, is |
|
|
amended by adding Section 44.0353 to read as follows: |
|
|
Sec. 44.0353. VENDOR CONTACT PROHIBITED. (a) This section |
|
|
applies only to an independent school district any part of which is |
|
|
located in a county with a population of more than 1.5 million in |
|
|
which more than 75 percent of the population lives in a single |
|
|
municipality. |
|
|
(b) A member of the board of trustees of an independent |
|
|
school district to which this section applies may not, outside a |
|
|
public meeting of the board, have direct or indirect communication |
|
|
with an actual or prospective bidder or offeror relating to a |
|
|
request for proposals or an advertisement for bids during the |
|
|
period: |
|
|
(1) after the district has issued the request for |
|
|
proposals or has advertised for bids on a contract; and |
|
|
(2) before the board has awarded the contract that was |
|
|
the subject of the request for proposals or the advertisement for |
|
|
bids. |
|
|
(c) If a trustee violates Subsection (b) by engaging in |
|
|
direct or indirect communication with a bidder or offeror, the |
|
|
board shall reject the bid or offer of the bidder or offeror. |
|
|
(d) Notwithstanding Subsection (b), a trustee may have |
|
|
direct or indirect communication with an actual or prospective |
|
|
bidder or offeror if: |
|
|
(1) the trustee has a substantial interest, as |
|
|
determined under Section 171.002, Local Government Code, in a |
|
|
business entity or in real property and complies with the |
|
|
requirements of Chapter 171, Local Government Code, if applicable, |
|
|
and: |
|
|
(A) the business entity is an actual or |
|
|
prospective bidder or offeror responding to the school district's |
|
|
request for proposals or advertisement for bids and the |
|
|
communication relates to the business entity's response; or |
|
|
(B) the real property is offered in response to |
|
|
the school district's request for proposals or advertisement for |
|
|
bids and the communication relates to the real property; or |
|
|
(2) the communication occurs at a trade show or |
|
|
convention at which the bidder or offeror was a registered |
|
|
participant and the trustee discloses at a public meeting of the |
|
|
board that the communication occurred, before the earlier of: |
|
|
(A) one week after the date the communication |
|
|
occurred; or |
|
|
(B) the date on which the board votes on the |
|
|
request for proposals or advertisement for bids for which the |
|
|
bidder or offeror submitted a proposal or bid. |
|
|
SECTION 2. Section 44.0353, Education Code, as added by |
|
|
this Act, applies only to a contract for which the request for |
|
|
proposals or bids was issued on or after the effective date of this |
|
|
Act. |
|
|
SECTION 3. This Act takes effect September 1, 2015. |