By: Bernal (Senate Sponsor - Menéndez) H.B. No. 3193

(In the Senate - Received from the House May 13, 2015; May 13, 2015, read first time and referred to Committee on Intergovernmental Relations; May 22, 2015, reported adversely, with favorable Committee Substitute by the following vote: Yeas 7, Nays 0; May 22, 2015, sent to printer.) Click here to see the committee vote

COMMITTEE SUBSTITUTE FOR H.B. No. 3193 By: Menéndez

A BILL TO BE ENTITLED

AN ACT

relating to consideration of location of an offeror's principal place of business in awarding certain municipal contracts.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subchapter Z, Chapter 271, Local Government Code, is amended by adding Section 271.9052 to read as follows:

Sec. 271.9052. CONSIDERATION OF LOCATION OF OFFEROR'S PRINCIPAL PLACE OF BUSINESS IN AWARDING CERTAIN MUNICIPAL CONTRACTS. (a) This section applies only to a municipality that contains more than 75 percent of the population of a county with a population of 1.5 million or more.

(b) In purchasing as authorized under this title any personal property that is not affixed to real property or services other than professional services, if a municipality that solicits requests for proposals receives one or more proposals from an offeror whose principal place of business is in the municipality, the municipality may consider, as a percentage of the evaluation factors in accordance with Subsection (c), an offeror's principal place of business unless the contract is for construction services in an amount of $100,000 or more.

(c) If a municipality elects to consider an offeror's principal place of business under Subsection (b) and scores an offeror's proposal on a 100-point scale, the municipality shall assign:

(1) 10 points to an offeror with a principal place of business in the municipality; or

(2) five points to an offeror who employs:

(A) at least 20 percent of the offeror's employees in the municipality; or

(B) at least 100 employees in the municipality.

(d) This section does not prohibit a municipality from rejecting any proposal.

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, 2015.

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