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A BILL TO BE ENTITLED
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AN ACT
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relating to consideration of a bidder's principal place of business |
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in awarding certain county contracts. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Section 271.9051, Local |
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Government Code, is amended to read as follows: |
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Sec. 271.9051. CONSIDERATION OF LOCATION OF BIDDER'S |
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PRINCIPAL PLACE OF BUSINESS IN CERTAIN MUNICIPALITIES AND COUNTIES. |
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SECTION 2. Sections 271.9051(a), (b), and (c), Local |
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Government Code, are amended to read as follows: |
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(a) This section applies only to a municipality or county |
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that is authorized under this title to purchase real property or |
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personal property that is not affixed to real property. |
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(b) In purchasing under this title any real property, |
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personal property that is not affixed to real property, or |
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services, if a municipality or county receives one or more |
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competitive sealed bids from a bidder whose principal place of |
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business is in the municipality or county and whose bid is within |
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five percent of the lowest bid price received by the municipality or |
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county from a bidder who is not a resident of the municipality or |
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county, the municipality or county may enter into a contract for |
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construction services in an amount of less than $100,000 or a |
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contract for other purchases in an amount of less than $500,000 |
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with: |
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(1) the lowest bidder; or |
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(2) the bidder whose principal place of business is in |
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the municipality or county if the governing body of the |
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municipality or county determines, in writing, that the local |
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bidder offers the municipality or county the best combination of |
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contract price and additional economic development opportunities |
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for the municipality or county created by the contract award, |
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including the employment of residents of the municipality or county |
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and increased tax revenues to the municipality or county. |
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(c) This section does not prohibit a municipality or county |
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from rejecting all bids. |
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SECTION 3. The change in law made by this Act applies only |
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to a contract for which the initial notice soliciting bids is given |
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on or after the effective date of this Act. A contract for which the |
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initial notice soliciting bids is given before the effective date |
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of this Act is governed by the law in effect when the initial notice |
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is given, and the former law is continued in effect for that |
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purpose. |
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SECTION 4. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2015. |