By: Rodriguez  S.B. No. 408
         (In the Senate - Filed January 29, 2015; February 4, 2015,
  read first time and referred to Committee on Intergovernmental
  Relations; March 11, 2015, reported favorably by the following
  vote:  Yeas 7, Nays 0; March 11, 2015, sent to printer.)
Click here to see the committee vote
 
 
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.
 
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