Bill Text: TX HB4101 | 2021-2022 | 87th Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to the authority of a governmental entity to limit bidding on certain public contracts to bidders that are small businesses.
Spectrum: Partisan Bill (Democrat 5-0)
Status: (Introduced - Dead) 2021-04-27 - Committee report sent to Calendars [HB4101 Detail]
Download: Texas-2021-HB4101-Introduced.html
Bill Title: Relating to the authority of a governmental entity to limit bidding on certain public contracts to bidders that are small businesses.
Spectrum: Partisan Bill (Democrat 5-0)
Status: (Introduced - Dead) 2021-04-27 - Committee report sent to Calendars [HB4101 Detail]
Download: Texas-2021-HB4101-Introduced.html
87R11127 SMT-D | ||
By: J. Johnson of Harris | H.B. No. 4101 |
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relating to the authority of a governmental entity to limit bidding | ||
on certain public contracts to bidders that are small businesses. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 271.021, Local Government Code, is | ||
amended by adding Subdivision (5) to read as follows: | ||
(5) "Small business" means a small business concern as | ||
defined by the United States Small Business Administration under 15 | ||
U.S.C. Section 632. | ||
SECTION 2. Section 271.025(a), Local Government Code, is | ||
amended to read as follows: | ||
(a) The governmental entity must advertise for bids. The | ||
advertisement for bids must include a notice that: | ||
(1) describes the work; | ||
(2) states the location at which the bidding | ||
documents, plans, specifications, or other data may be examined by | ||
all bidders; [ |
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(3) states the time and place for submitting bids and | ||
the time and place that bids will be opened; and | ||
(4) if Section 271.0255 applies to the contract, | ||
states that only a small business may bid on the contract. | ||
SECTION 3. Subchapter B, Chapter 271, Local Government | ||
Code, is amended by adding Section 271.0255 to read as follows: | ||
Sec. 271.0255. SMALL BUSINESS PROGRAM. (a) | ||
Notwithstanding any other provision of this chapter, the governing | ||
body of a governmental entity may establish a program to limit | ||
bidding on certain contracts to bidders that are small businesses. | ||
(b) The governing body of a governmental entity that | ||
establishes a program under this section may accept bids on a | ||
contract only from bidders that are small businesses if: | ||
(1) the governing body determines the contract is | ||
appropriate for performance by a small business; and | ||
(2) the contract requires an expenditure of not more | ||
than $1 million. | ||
SECTION 4. This Act takes effect immediately if it receives | ||
a vote of two-thirds of all the members elected to each house, as | ||
provided by Section 39, Article III, Texas Constitution. If this | ||
Act does not receive the vote necessary for immediate effect, this | ||
Act takes effect September 1, 2021. |