Bill Text: TX HB3472 | 2015-2016 | 84th Legislature | Introduced
Bill Title: Relating to the authorization for a county to establish a wage higher than the state minimum wage for competitive procurement requirements in a specific contract.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2015-04-23 - Left pending in committee [HB3472 Detail]
Download: Texas-2015-HB3472-Introduced.html
84R15385 T | ||
By: Coleman | H.B. No. 3472 |
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relating to the authorization for a county to establish a wage | ||
higher than the state minimum wage for competitive procurement | ||
requirements in a specific contract. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 262.030, Local Government Code, is | ||
amended to read as follows: | ||
Sec. 262.030. ALTERNATIVE COMPETITIVE PROPOSAL PROCEDURE | ||
FOR CERTAIN GOODS AND SERVICES. (a) Except for Subsection (d) and | ||
(f) of this section, the competitive proposal procedure provided by | ||
this section may be used for the purchase of insurance, high | ||
technology items, and the following special services: | ||
(1) landscape maintenance; | ||
(2) travel management; or | ||
(3) recycling. | ||
(b) Quotations must be solicited through a request for | ||
proposals. Public notice for the request for proposals must be made | ||
in the same manner as provided in the competitive bidding | ||
procedure. The request for proposals must specify the relative | ||
importance of price and other evaluation factors. The award of the | ||
contract shall be made to the responsible offeror whose proposal is | ||
determined to be the lowest and best evaluated offer resulting from | ||
negotiation, taking into consideration the relative importance of | ||
price and other evaluation factors set forth in the request for | ||
proposals. | ||
(c) If provided in the request for proposals, proposals | ||
shall be opened so as to avoid disclosure of contents to competing | ||
offerors and kept secret during the process of negotiation. All | ||
proposals that have been submitted shall be available and open for | ||
public inspection after the contract is awarded, except for trade | ||
secrets and confidential information contained in the proposals and | ||
identified as such. | ||
(d) A county in which a purchasing agent has been appointed | ||
under Section 262.011 or employed under Section 262.0115 may use | ||
the competitive proposal purchasing method authorized by this | ||
section for the purchase of insurance or high technology items. In | ||
addition, the method may be used to purchase other items when the | ||
county official who makes purchases for the county determines, with | ||
the consent of the commissioners court, that it is in the best | ||
interest of the county to make a request for proposals. | ||
(e) As provided in the request for proposals and under rules | ||
adopted by the commissioners court, discussions may be conducted | ||
with responsible offerors who submit proposals determined to be | ||
reasonably susceptible of being selected for award. Offerors must | ||
be accorded fair and equal treatment with respect to any | ||
opportunity for discussion and revision of proposals, and revisions | ||
may be permitted after submission and before award for the purpose | ||
of obtaining best and final offers. | ||
(f) The commissioners court of a county with a population of | ||
2.2 million or more but less than 3.3 million may include wages paid | ||
by an employer to each employee for services performed in the county | ||
as a condition of a contract or agreement entered into between the | ||
government entity and a private entity. | ||
SECTION 2. Section 62.0515, Labor Code, is amended to read | ||
as follows: | ||
Sec. 62.0515. APPLICATION OF MINIMUM WAGE TO CERTAIN | ||
GOVERNMENTAL ENTITIES; CERTAIN AGREEMENTS WITH GOVERNMENTAL | ||
ENTITIES. (a) Except as otherwise provided by this section, the | ||
minimum wage provided by this chapter supersedes a wage established | ||
in an ordinance, order, or charter provision governing wages in | ||
private employment, other than wages under a public contract. | ||
(b) This section does not apply to any state or federal job | ||
training or workforce development program. | ||
(c) This section does not apply to a minimum wage | ||
established by a governmental entity that applies to a contract or | ||
agreement, including a non-annexation agreement, entered into by a | ||
governmental entity and a private entity. A private entity that | ||
enters into a contract or agreement, including a non-annexation | ||
agreement, with a governmental entity, under the terms of which the | ||
private entity agrees to comply with a minimum wage that is greater | ||
than the minimum wage established by Section 62.051 [ |
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or agreement, and those terms apply to and may be enforced against a | ||
general contractor, subcontractor, developer, and other person | ||
with which the private entity contracts in order to comply with the | ||
provisions of the original contract or agreement. | ||
(1) A county with a population of 2.2 million or more | ||
but less than 3.3 million and any district or authority created | ||
under Article XVI, Section 59, of the Texas Constitution of which | ||
the governing body is the commissioners court, may require a wage | ||
higher than the state minimum wage, to be paid by an employer to | ||
each employee for services performed in the county as part of a | ||
contract or agreement entered into between the government entity | ||
and a private entity as authorized under Section 262.030 of the | ||
Texas Local Government Code. | ||
(d) For purposes of this section, "governmental entity" | ||
includes a municipality, a county, a special district or authority, | ||
a junior college district, or another political subdivision of this | ||
state. | ||
SECTION 3. This Act takes effect September 1, 2015. |