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AN ACT
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relating to certain contracts and purchasing procedures for school |
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districts. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 34.007(a), Education Code, is amended to |
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read as follows: |
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(a) A board of county school trustees or a school district |
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board of trustees may establish and operate an economical public |
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school transportation system: |
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(1) in the county or district, as applicable; or |
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(2) outside the county or district, as applicable, if |
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the county or school district enters into an interlocal contract as |
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provided by Chapter 791, Government Code. |
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SECTION 2. The heading to Section 34.008, Education Code, |
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is amended to read as follows: |
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Sec. 34.008. CONTRACT WITH TRANSIT AUTHORITY, [OR] |
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COMMERCIAL TRANSPORTATION COMPANY, OR JUVENILE BOARD. |
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SECTION 3. Section 34.008(a), Education Code, is amended to |
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read as follows: |
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(a) A board of county school trustees or school district |
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board of trustees may contract with a mass transit authority, [or a] |
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commercial transportation company, or juvenile board for all or any |
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part of a district's public school transportation if the authority, |
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[or] company, or board: |
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(1) requires its school bus drivers to have the |
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qualifications required by and to be certified in accordance with |
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standards established by the Department of Public Safety; and |
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(2) uses only those school buses or mass transit |
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authority buses in transporting 15 or more public school students |
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that meet or exceed safety standards for school buses established |
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under Section 34.002[, Education Code]. |
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SECTION 4. Section 44.031(b), Education Code, is amended to |
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read as follows: |
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(b) Except as provided by this subchapter, in determining to |
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whom to award a contract, the district shall [may] consider: |
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(1) the purchase price; |
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(2) the reputation of the vendor and of the vendor's |
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goods or services; |
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(3) the quality of the vendor's goods or services; |
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(4) the extent to which the goods or services meet the |
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district's needs; |
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(5) the vendor's past relationship with the district; |
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(6) the impact on the ability of the district to comply |
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with laws and rules relating to historically underutilized |
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businesses; |
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(7) the total long-term cost to the district to |
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acquire the vendor's goods or services; and |
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(8) any other relevant factor specifically listed in |
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the request for bids or proposals. |
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SECTION 5. Subchapter B, Chapter 44, Education Code, is |
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amended by adding Section 44.0331 to read as follows: |
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Sec. 44.0331. MANAGEMENT FEES UNDER CERTAIN COOPERATIVE |
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PURCHASING CONTRACTS. (a) A school district that enters into a |
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purchasing contract valued at $25,000 or more under Section |
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44.031(a)(5), under Subchapter F, Chapter 271, Local Government |
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Code, or under any other cooperative purchasing program authorized |
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for school districts by law shall document any contract-related |
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fee, including any management fee, and the purpose of each fee under |
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the contract. |
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(b) The amount, purpose, and disposition of any fee |
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described by Subsection (a) must be presented in a written report |
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and submitted annually in an open meeting of the board of trustees |
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of the school district. The written report must appear as an agenda |
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item. |
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(c) The commissioner may audit the written report described |
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by Subsection (b). |
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SECTION 6. The change in law made by Section 44.031(b), |
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Education Code, as amended by this Act, and Section 44.0331, |
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Education Code, as added by this Act, applies only to a contract |
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entered into on or after the effective date of this Act. A contract |
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entered into before the effective date of this Act is governed by |
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the law in effect immediately before that date, and that law is |
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continued in effect for that purpose. |
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SECTION 7. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2007. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 273 was passed by the House on April |
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18, 2007, by the following vote: Yeas 145, Nays 0, 1 present, not |
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voting; and that the House concurred in Senate amendments to H.B. |
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No. 273 on May 21, 2007, by the following vote: Yeas 132, Nays 0, 1 |
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present, not voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 273 was passed by the Senate, with |
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amendments, on May 17, 2007, by the following vote: Yeas 31, Nays |
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0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: __________________ |
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Date |
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__________________ |
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Governor |