Bill Text: TX SB2233 | 2017-2018 | 85th Legislature | Introduced
Bill Title: Relating to contracting and purchasing of certain governmental entities and development corporations.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2017-03-29 - Referred to Business & Commerce [SB2233 Detail]
Download: Texas-2017-SB2233-Introduced.html
85R12965 SCL-F | ||
By: Taylor of Galveston | S.B. No. 2233 |
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relating to contracting and purchasing of certain governmental | ||
entities and development corporations. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 46.0111(b), Education Code, is amended | ||
to read as follows: | ||
(b) A school district that brings an action for recovery of | ||
damages for the defective design, construction, renovation, or | ||
improvement of an instructional facility financed by bonds for | ||
which the district receives state assistance under this subchapter | ||
shall provide the commissioner with written notice of the action by | ||
registered or certified mail, return receipt requested, not later | ||
than the 10th day after the date the action is filed. If the school | ||
district fails to comply with this subsection, the court or an | ||
arbitrator or other adjudicating authority shall dismiss the | ||
action. | ||
SECTION 2. Subchapter A, Chapter 46, Education Code, is | ||
amended by adding Section 46.0112 to read as follows: | ||
Sec. 46.0112. ATTORNEY GENERAL ENFORCEMENT OF SCHOOL | ||
DISTRICT DUTIES FOLLOWING CERTAIN ACTIONS. (a) If the attorney | ||
general believes that a school district has violated or is | ||
violating Section 46.0111(d) or (e), the attorney general may bring | ||
an action on behalf of the state to enjoin the school district from | ||
violating those sections. | ||
(b) In an action brought under Subsection (a), the attorney | ||
general may request and the court may order any other appropriate | ||
relief that is in the public interest, including payment of: | ||
(1) a civil penalty in an amount not to exceed $50,000 | ||
for each violation of Section 46.0111(d) or (e); | ||
(2) the attorney general's reasonable costs for | ||
investigating and prosecuting the violation; or | ||
(3) the amount of the state's share under Section | ||
46.0111(e). | ||
SECTION 3. Subchapter T, Chapter 51, Education Code, is | ||
amended by adding Section 51.786 to read as follows: | ||
Sec. 51.786. VOID CONTRACT. A contract, including a job | ||
order, entered into in violation of this subchapter is voidable as | ||
against public policy. | ||
SECTION 4. Subchapter A, Chapter 791, Government Code, is | ||
amended by adding Section 791.007 to read as follows: | ||
Sec. 791.007. LIST OF PURCHASES BY PURCHASING COOPERATIVE. | ||
(a) In this section, "purchasing cooperative" has the meaning | ||
assigned by Section 791.011(j). | ||
(b) A purchasing cooperative shall maintain an Internet | ||
website with a continually updated list of purchases made through | ||
the cooperative or through agreements made with the cooperative. | ||
The list must include for each purchase: | ||
(1) the name of the purchaser; | ||
(2) the name of the vendor; | ||
(3) the amount of the purchase; | ||
(4) the date of the purchase; and | ||
(5) the fees paid to the cooperative or managing | ||
entity. | ||
SECTION 5. Section 791.011(j), Government Code, is amended | ||
to read as follows: | ||
(j) For the purposes of this subsection, the term | ||
"purchasing cooperative" means a group purchasing organization | ||
that governmental entities join as members and the managing entity | ||
of which receives fees from members or vendors. A local government | ||
may not enter into a contract to purchase construction-related | ||
goods or services through a purchasing cooperative under this | ||
chapter in an amount greater than $50,000 unless: | ||
(1) the purchase is approved by the governing body of | ||
the local government at a public meeting; and | ||
(2) a person designated by the local government | ||
certifies in writing that: | ||
(A) [ |
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construction-related goods or services are being procured does not | ||
require the preparation of plans and specifications under Chapter | ||
1001 or 1051, Occupations Code; or | ||
(B) [ |
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under Chapters 1001 and 1051, Occupations Code, have been prepared. | ||
SECTION 6. Section 2269.452(a), Government Code, is amended | ||
to read as follows: | ||
(a) This chapter may be enforced through an action for | ||
declaratory or injunctive relief filed not later than the 10th | ||
business day after the date on which the contract bid evaluations | ||
are made public under Section 2269.056 or 2269.105 [ |
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SECTION 7. Subchapter A, Chapter 502, Local Government | ||
Code, is amended by adding Section 502.002 to read as follows: | ||
Sec. 502.002. APPLICABILITY OF OTHER LAW; PUBLIC WORKS | ||
CONTRACTS. Chapter 2269, Government Code, applies to a public | ||
works contract entered into by a corporation. | ||
SECTION 8. Section 271.908(a), Local Government Code, is | ||
amended to read as follows: | ||
(a) In this section: | ||
(1) "Civil [ |
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(A) roads, streets, bridges, utilities, water | ||
supply projects, water plants, wastewater plants, water | ||
distribution and wastewater conveyance facilities, desalination | ||
projects, wharves, docks, navigation channels, dredge material | ||
placement areas, airport runways and taxiways, storm drainage and | ||
flood control projects, or transit projects; | ||
(B) types of projects or facilities related to | ||
those described by Paragraph (A) and associated with civil | ||
engineering construction; and | ||
(C) buildings or structures that are incidental | ||
to projects or facilities that are described by Paragraphs (A) and | ||
(B) and that are primarily civil engineering construction projects. | ||
(2) "Local [ |
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municipality, a county, a river authority, a defense base | ||
development authority established under Chapter 379B, a board of | ||
trustees under Chapter 54, Transportation Code, a municipally owned | ||
water utility with a separate governing board appointed by the | ||
governing body of a municipality, or any other special district or | ||
authority authorized by law to enter into a public works contract | ||
for a civil works project. The term does not include a regional | ||
tollway authority created under Chapter 366, Transportation Code, a | ||
regional mobility authority created under Chapter 370, | ||
Transportation Code, or a water district or authority created under | ||
Section 52, Article III, or Section 59, Article XVI, Texas | ||
Constitution, with a population of less than 50,000 [ |
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SECTION 9. Subchapter J, Chapter 271, Local Government | ||
Code, is repealed. | ||
SECTION 10. The changes in law made by this Act apply only | ||
to a contract entered into on or after the effective date of this | ||
Act. A contract entered into before the effective date of this Act | ||
is governed by the law applicable to the contract immediately | ||
before the effective date of this Act, and that law is continued in | ||
effect for that purpose. | ||
SECTION 11. This Act takes effect September 1, 2017. |