87R20740 SMT-D
 
  By: Walle H.B. No. 4437
 
  Substitute the following for H.B. No. 4437:
 
  By:  Lopez C.S.H.B. No. 4437
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the authority of certain counties to consider a
  prospective contractor's principal place of business when awarding
  certain 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 271.909 to read as follows:
         Sec. 271.909.  CONSIDERATION OF LOCATION OF BIDDER'S
  PRINCIPAL PLACE OF BUSINESS FOR AWARDING CERTAIN COUNTY CONTRACTS.
  (a)  This section applies only to a county with a population of more
  than 3.3 million.
         (b)  A county may award a contract for services or for the
  construction, repair, or renovation of a structure, road, highway,
  or other improvement or addition to real property to a bidder whose
  principal place of business is in the county if:
               (1)  the bid or proposed price submitted by the bidder
  is within three percent of the lowest bid or proposed price received
  by the county from a bidder with the ability to perform the contract
  that does not have a principal place of business in the county; and
               (2)  the commissioners court determines, in writing,
  that the bid or proposal of the bidder offers the county the best
  combination of contract price, ability to perform the contract,
  and additional economic development opportunities for the county
  created by the contract award, including the employment of
  residents of the county and increased tax revenues to the county.
         (c)  This section does not prohibit a county from rejecting
  all bids.
         SECTION 2.  The change in law made by this Act applies only
  to a contract for which a county first advertises or otherwise
  solicits bids, proposals, offers, or qualifications or makes a
  similar solicitation on or after the effective date of this Act.  A
  contract for which a county first advertises or otherwise solicits
  bids, proposals, offers, or qualifications or makes a similar
  solicitation before the effective date of this Act is governed by
  the law in effect on the date the advertisement or solicitation was
  made, and that law is continued in effect for that purpose.
         SECTION 3.  This Act takes effect September 1, 2021.