Purchasing

H.B. 194 (Farias/Hinojosa) – Historically Underutilized Businesses: provides that a veteran with at least a 20-percent service-connected disability is eligible to be listed as a historically underutilized business by the state.  (Effective September 1, 2013.)

H.B. 1050 (Callegari/Fraser) – Construction Contracts:  this bill: (1) prohibits a local government from entering into a contract to purchase construction-related goods or services through a purchasing cooperative in an amount greater than $50,000 unless a person designated by the local government certifies in writing that: (a) the project for which the construction-related goods or services are being procured does not require the preparation of plans and specifications by an architect or engineer under current law; or (b) if current law requires plans and specifications to be prepared by an architect or engineer, that has been done; (2) provides that a governmental entity may not award a governmental contract to a nonresident bidder unless the nonresident underbids the lowest bid submitted by a responsible resident bidder by an amount that is not less than the amount by which a resident bidder would be required to underbid the nonresident bidder to obtain a comparable contract in: (a) the state in which the nonresident's principal place of business is located; or (c) a state in which the nonresident is a resident manufacturer; (3) authorizes a governmental entity with a population of 500,000 or more within the entity’s geographic boundary or service area to enter into design-build contracts for not more than six civil works projects in any fiscal year; (4) provides that a design-build firm responding to a request for detailed proposals must identify its project team and may not make changes to that team, except under limited exceptions; (5) if the design-build firm makes team changes in violation of (4), above, provides that any cost savings resulting from the change accrue to the governmental entity and not to the design-build firm; (6) if a change order for a public works contract in a city with a population of 300,000 (current law is 500,000) or more involves a decrease or an increase of $100,000 or less, or a lesser amount as provided by ordinance, provides that the governing body of the city may grant general authority to an administrative official of the municipality to approve the change order; and (7) repeals the requirement that a governmental entity make a formal finding on the criteria used for selection of a design-build firm for civil works projects before preparing a request for qualifications.  (Effective September 1, 2013.)

S.B. 1430 (Hinojosa/Herrerro) – Construction Contracts:  this bill: (1) authorizes a governmental entity with a population of 500,000 or more within the entity’s geographic boundary or service area to enter into design-build contracts for not more than six civil works projects in any fiscal year; and (2) if a change order for a public works contract in a city with a population of 300,000 (current law is 500,000) or more involves a decrease or an increase of $100,000 or less, or a lesser amount as provided by ordinance, provides that the governing body of the city may grant general authority to an administrative official of the municipality to approve the change order.  (Effective immediately.)

TML member cities may use the material herein for any purpose. 
No other person or entity may reproduce, duplicate, or distribute any part
of this document without the written authorization of the Texas Municipal League.

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