Bill Text: TX HB223 | 2025-2026 | 89th Legislature | Introduced
Bill Title: Relating to exemptions to competitive requirements for purchases of certain services by a municipality.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced) 2024-11-12 - Filed [HB223 Detail]
Download: Texas-2025-HB223-Introduced.html
| By: Capriglione | H.B. No. 223 | |
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| relating to exemptions to competitive requirements for purchases of | ||
| certain services by a municipality. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Section 252.022, Local Government Code, is | ||
| amended to read as follows: | ||
| Sec. 252.022. GENERAL EXEMPTIONS. (a) This chapter does | ||
| not apply to an expenditure for: | ||
| (1) a procurement made because of a public calamity | ||
| that requires the immediate appropriation of money to relieve the | ||
| necessity of the municipality's residents or to preserve the | ||
| property of the municipality; | ||
| (2) a procurement necessary to preserve or protect the | ||
| public health or safety of the municipality's residents; | ||
| (3) a procurement necessary because of unforeseen | ||
| damage to public machinery, equipment, or other property; | ||
| (4) except for a procurement for lobbying, government | ||
| relations, or similar services intended to influence state or | ||
| federal lawmakers on behalf of a municipality, a procurement for | ||
| personal, professional, or planning services; | ||
| (5) a procurement for work that is performed and paid | ||
| for by the day as the work progresses; | ||
| (6) a purchase of land or a right-of-way; | ||
| (7) a procurement of items that are available from | ||
| only one source, including: | ||
| (A) items that are available from only one source | ||
| because of patents, copyrights, secret processes, or natural | ||
| monopolies; | ||
| (B) films, manuscripts, or books; | ||
| (C) gas, water, and other utility services; | ||
| (D) captive replacement parts or components for | ||
| equipment; | ||
| (E) books, papers, and other library materials | ||
| for a public library that are available only from the persons | ||
| holding exclusive distribution rights to the materials; and | ||
| (F) management services provided by a nonprofit | ||
| organization to a municipal museum, park, zoo, or other facility to | ||
| which the organization has provided significant financial or other | ||
| benefits; | ||
| (8) a purchase of rare books, papers, and other | ||
| library materials for a public library; | ||
| (9) paving drainage, street widening, and other public | ||
| improvements, or related matters, if at least one-third of the cost | ||
| is to be paid by or through special assessments levied on property | ||
| that will benefit from the improvements; | ||
| (10) a public improvement project, already in | ||
| progress, authorized by the voters of the municipality, for which | ||
| there is a deficiency of funds for completing the project in | ||
| accordance with the plans and purposes authorized by the voters; | ||
| (11) a payment under a contract by which a developer | ||
| participates in the construction of a public improvement as | ||
| provided by Subchapter C, Chapter 212; | ||
| (12) personal property sold: | ||
| (A) at an auction by a state licensed auctioneer; | ||
| (B) at a going out of business sale held in | ||
| compliance with Subchapter F, Chapter 17, Business & Commerce Code; | ||
| (C) by a political subdivision of this state, a | ||
| state agency of this state, or an entity of the federal government; | ||
| or | ||
| (D) under an interlocal contract for cooperative | ||
| purchasing administered by a regional planning commission | ||
| established under Chapter 391; | ||
| (13) services performed by blind or severely disabled | ||
| persons; | ||
| (14) goods purchased by a municipality for subsequent | ||
| retail sale by the municipality; | ||
| (15) electricity; or | ||
| (16) advertising, other than legal notices. | ||
| (b) This chapter does not apply to bonds or warrants issued | ||
| under Subchapter A, Chapter 571. | ||
| (c) This chapter does not apply to expenditures by a | ||
| municipally owned electric or gas utility or unbundled divisions of | ||
| a municipally owned electric or gas utility in connection with any | ||
| purchases by the municipally owned utility or divisions of a | ||
| municipally owned utility made in accordance with procurement | ||
| procedures adopted by a resolution of the body vested with | ||
| authority for management and operation of the municipally owned | ||
| utility or its divisions that sets out the public purpose to be | ||
| achieved by those procedures. This subsection may not be deemed to | ||
| exempt a municipally owned utility from any other applicable | ||
| statute, charter provision, or ordinance. | ||
| (d) This chapter does not apply to an expenditure described | ||
| by Section 252.021(a) if the governing body of a municipality | ||
| determines that a method described by Chapter 2269, Government | ||
| Code, provides a better value for the municipality with respect to | ||
| that expenditure than the procedures described in this chapter and | ||
| the municipality adopts and uses a method described in that chapter | ||
| with respect to that expenditure. | ||
| SECTION 2. The changes in Section 252.022, Local Government | ||
| Code, as made by this Act, apply only to a contract for procurement | ||
| made on or after September 1, 2025. A contract for procurement made | ||
| before September 1, 2025, is governed by the law as it existed | ||
| immediately before the effective date of this Act, and that law is | ||
| continued in effect for that purpose. | ||
| SECTION 3. This Act takes effect September 1, 2025. | ||
