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A BILL TO BE ENTITLED
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AN ACT
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relating to the authority of certain counties to consider a |
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prospective contractor's principal place of business when awarding |
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certain contracts. |
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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. CONSIDERATION OF LOCATION OF BIDDER'S |
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PRINCIPAL PLACE OF BUSINESS FOR AWARDING CERTAIN COUNTY CONTRACTS. |
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(a) This section applies only to a county with a population of more |
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than 3.3 million. |
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(b) A county may award a contract for services or for the |
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construction, repair, or renovation of a structure, road, highway, |
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or other improvement or addition to real property to a bidder whose |
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principal place of business is in the county or in a contiguous |
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county if: |
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(1) the bid or proposed price submitted by the bidder |
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is within three percent of the lowest bid or proposed price received |
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by the county from a bidder with the ability to perform the contract |
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that does not have a principal place of business in the county or in |
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a contiguous county; and |
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(2) the commissioners court determines, in writing, |
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that the bid or proposal of the bidder offers the county the best |
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combination of contract price, ability to perform the contract, |
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and additional economic development opportunities for the county |
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created by the contract award, including the employment of |
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residents of the county and increased tax revenues to the county. |
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(c) This section does not prohibit a county from rejecting |
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all bids. |
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(d) This section does not apply to a contract for |
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professional services governed by Subchapter A, Chapter 2254, |
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Government Code. |
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(e) A county may not award a contract to a bidder under this |
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section if a person who approves the contract is related to the |
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bidder within the third degree by consanguinity or within the |
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second degree by affinity, as described by Subchapter B, Chapter |
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573, Government Code. |
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(f) A county may not award a contract to a bidder under this |
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section if a person who approves the contract has financial ties to |
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the bidder. |
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SECTION 2. The change in law made by this Act applies only |
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to a contract for which a county first advertises or otherwise |
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solicits bids, proposals, offers, or qualifications or makes a |
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similar solicitation on or after the effective date of this Act. A |
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contract for which a county first advertises or otherwise solicits |
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bids, proposals, offers, or qualifications or makes a similar |
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solicitation before the effective date of this Act is governed by |
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the law in effect on the date the advertisement or solicitation was |
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made, and that law is continued in effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2021. |