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A BILL TO BE ENTITLED
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AN ACT
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relating to interlocal contracts between a governmental entity and |
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a purchasing cooperative. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter C, Chapter 791, Government Code, is |
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amended by adding Section 791.037 to read as follows: |
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Sec. 791.037. INTERLOCAL CONTRACT WITH PURCHASING |
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COOPERATIVE; LIMITATION. (a) In this section, "purchasing |
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cooperative" has the meaning assigned by Section 791.011(j). |
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(b) An interlocal contract between a governmental entity |
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and a purchasing cooperative may not be used to purchase materials |
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or services from a person who provided consulting services to the |
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cooperative on the contract, including providing specifications |
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for bids on the contract. This prohibition also applies to: |
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(1) a person that is an agent, subsidiary, or parent |
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company of the person who consulted with the cooperative; or |
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(2) a person related in the second degree of |
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consanguinity or affinity to a person who consulted with the |
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cooperative. |
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(c) The prohibition under Subsection (b) does not prevent a |
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governmental entity from contracting with a person that provided |
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only technical assistance in the development of the interlocal |
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contract. |
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(d) The prohibition under Subsection (b) does not apply to a |
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renewal of a contract based on or substantially similar to a request |
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for proposal submitted before September 1, 2015, if the contract is |
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renewed before September 1, 2016. This subsection expires |
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September 1, 2016. |
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SECTION 2. Section 791.037, Government Code, as added by |
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this Act, applies only to an interlocal contract or an amendment to, |
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supplement to, or waiver of a provision of a contract made on or |
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after the effective date of this Act. An interlocal contract or an |
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amendment to, supplement to, or waiver of a provision of a contract |
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made before the effective date of this Act is governed by the law in |
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effect when the contract or amendment, supplement, or waiver was |
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made, and the former law is continued in effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2015. |