88R3443 KBB-D
 
  By: Spiller, et al. H.B. No. 1132
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the amount of an expenditure made by certain political
  subdivisions for which competitive bidding is required.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 44.031(a), Education Code, is amended to
  read as follows:
         (a)  Except as provided by this subchapter, all school
  district contracts for the purchase of goods and services, except
  contracts for the purchase of produce or vehicle fuel, valued at
  $100,000 [$50,000] or more in the aggregate for each 12-month
  period shall be made by the method, of the following methods, that
  provides the best value for the district:
               (1)  competitive bidding for services other than
  construction services;
               (2)  competitive sealed proposals for services other
  than construction services;
               (3)  a request for proposals, for services other than
  construction services;
               (4)  an interlocal contract;
               (5)  a method provided by Chapter 2269, Government
  Code, for construction services;
               (6)  the reverse auction procedure as defined by
  Section 2155.062(d), Government Code; or
               (7)  the formation of a political subdivision
  corporation under Section 304.001, Local Government Code.
         SECTION 2.  Section 252.021(a), Local Government Code, is
  amended to read as follows:
         (a)  Before a municipality may enter into a contract that
  requires an expenditure of more than $100,000 [$50,000] from one or
  more municipal funds, the municipality must:
               (1)  comply with the procedure prescribed by this
  subchapter and Subchapter C for competitive sealed bidding or
  competitive sealed proposals;
               (2)  use the reverse auction procedure, as defined by
  Section 2155.062(d), Government Code, for purchasing; or
               (3)  comply with a method described by Chapter 2269,
  Government Code.
         SECTION 3.  Section 252.0215, Local Government Code, is
  amended to read as follows:
         Sec. 252.0215.  COMPETITIVE BIDDING IN RELATION TO
  HISTORICALLY UNDERUTILIZED BUSINESS.  A municipality, in making an
  expenditure of more than $3,000 but less than $100,000 [$50,000],
  shall contact at least two historically underutilized businesses on
  a rotating basis, based on information provided by the comptroller
  pursuant to Chapter 2161, Government Code.  If the list fails to
  identify a historically underutilized business in the county in
  which the municipality is situated, the municipality is exempt from
  this section.
         SECTION 4.  Section 262.003(a), Local Government Code, is
  amended to read as follows:
         (a)  Any law that requires a county to follow a competitive
  procurement procedure in making a purchase requiring the
  expenditure of $100,000 [$50,000] or less does not apply to the
  purchase of an item available for purchase from only one supplier.
         SECTION 5.  Section 262.023(a), Local Government Code, is
  amended to read as follows:
         (a)  Before a county may purchase one or more items under a
  contract that will require an expenditure exceeding $100,000
  [$50,000], the commissioners court of the county must:
               (1)  comply with the competitive bidding or competitive
  proposal procedures prescribed by this subchapter;
               (2)  use the reverse auction procedure, as defined by
  Section 2155.062(d), Government Code, for purchasing; or
               (3)  comply with a method described by Chapter 2269,
  Government Code.
         SECTION 6.  Section 271.024, Local Government Code, is
  amended to read as follows:
         Sec. 271.024.  COMPETITIVE PROCUREMENT PROCEDURE APPLICABLE
  TO CONTRACT.  If a governmental entity is required by statute to
  award a contract for the construction, repair, or renovation of a
  structure, road, highway, or other improvement or addition to real
  property on the basis of competitive bids, and if the contract
  requires the expenditure of more than $100,000 [$50,000] from the
  funds of the entity, the bidding on the contract must be
  accomplished in the manner provided by this subchapter.
         SECTION 7.  Section 271.054, Local Government Code, is
  amended to read as follows:
         Sec. 271.054.  COMPETITIVE PROCUREMENT REQUIREMENT.  Before
  the governing body of an issuer may enter into a contract requiring
  an expenditure by or imposing an obligation or liability on the
  issuer, or on a subdivision of the issuer if the issuer is a county,
  of more than $100,000 [$50,000], the governing body must:
               (1)  submit the proposed contract to competitive
  procurement; or
               (2)  use an alternate method of project delivery
  authorized by Chapter 2269, Government Code.
         SECTION 8.  Sections 252.312(b) and (c), Transportation
  Code, are amended to read as follows:
         (b)  If the county road engineer so recommends and the
  commissioners court considers it to be in the best interest of the
  county, a purchase in an amount of $100,000 [$50,000] or less may be
  made through negotiation by the commissioners court or the court's
  authorized representative on requisition to be approved by the
  commissioners court or the county auditor without advertising for
  competitive bids.
         (c)  A purchase may not be divided or reduced to avoid the
  competitive bidding requirement on a purchase that would otherwise
  cost more than $100,000 [$50,000].
         SECTION 9.  The changes in law made by this Act apply only to
  a purchase made on or after the effective date of this Act. A
  purchase made before the effective date of this Act is governed by
  the law as it existed immediately before the effective date of this
  Act, and that law is continued in effect for that purpose.
         SECTION 10.  This Act takes effect September 1, 2023.