Bill Text: TX SB408 | 2015-2016 | 84th Legislature | Enrolled
Bill Title: Relating to consideration of a bidder's principal place of business in awarding certain county contracts.
Sponsorship: Partisan Bill (Democrat 3)
Status: (Vetoed) 2015-06-09 - Vetoed by the Governor [SB408 Detail]
Download: Texas-2015-SB408-Enrolled.html
| S.B. No. 408 | ||
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| relating to consideration of a bidder's principal place of business | ||
| in awarding certain county contracts. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. The heading to Section 271.9051, Local | ||
| Government Code, is amended to read as follows: | ||
| Sec. 271.9051. CONSIDERATION OF LOCATION OF BIDDER'S | ||
| PRINCIPAL PLACE OF BUSINESS IN CERTAIN MUNICIPALITIES AND COUNTIES. | ||
| SECTION 2. Sections 271.9051(a), (b), and (c), Local | ||
| Government Code, are amended to read as follows: | ||
| (a) This section applies only to a municipality or county | ||
| that is authorized under this title to purchase real property or | ||
| personal property that is not affixed to real property. | ||
| (b) In purchasing under this title any real property, | ||
| personal property that is not affixed to real property, or | ||
| services, if a municipality or county receives one or more | ||
| competitive sealed bids from a bidder whose principal place of | ||
| business is in the municipality or county and whose bid is within | ||
| five percent of the lowest bid price received by the municipality or | ||
| county from a bidder who is not a resident of the municipality or | ||
| county, the municipality or county may enter into a contract for | ||
| construction services in an amount of less than $100,000 or a | ||
| contract for other purchases in an amount of less than $500,000 | ||
| with: | ||
| (1) the lowest bidder; or | ||
| (2) the bidder whose principal place of business is in | ||
| the municipality or county if the governing body of the | ||
| municipality or county determines, in writing, that the local | ||
| bidder offers the municipality or county the best combination of | ||
| contract price and additional economic development opportunities | ||
| for the municipality or county created by the contract award, | ||
| including the employment of residents of the municipality or county | ||
| and increased tax revenues to the municipality or county. | ||
| (c) This section does not prohibit a municipality or county | ||
| from rejecting all bids. | ||
| SECTION 3. The change in law made by this Act applies only | ||
| to a contract for which the initial notice soliciting bids is given | ||
| on or after the effective date of this Act. A contract for which the | ||
| initial notice soliciting bids is given before the effective date | ||
| of this Act is governed by the law in effect when the initial notice | ||
| is given, and the former law is continued in effect for that | ||
| purpose. | ||
| 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, 2015. | ||
| ______________________________ | ______________________________ | |
| President of the Senate | Speaker of the House | |
| I hereby certify that S.B. No. 408 passed the Senate on | ||
| April 9, 2015, by the following vote: Yeas 21, Nays 10. | ||
| ______________________________ | ||
| Secretary of the Senate | ||
| I hereby certify that S.B. No. 408 passed the House on | ||
| May 19, 2015, by the following vote: Yeas 145, Nays 1, two | ||
| present not voting. | ||
| ______________________________ | ||
| Chief Clerk of the House | ||
| Approved: | ||
| ______________________________ | ||
| Date | ||
| ______________________________ | ||
| Governor | ||
