Bill Text: TX SB408 | 2015-2016 | 84th Legislature | Comm Sub

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Relating to consideration of a bidder's principal place of business in awarding certain county contracts.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Vetoed) 2015-06-09 - Vetoed by the Governor [SB408 Detail]

Download: Texas-2015-SB408-Comm_Sub.html

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By: Rodríguez, et al. S.B. No. 408
(Blanco)

A BILL TO BE ENTITLED
AN ACT
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.