CHAPTER 252. PURCHASING AND CONTRACTING AUTHORITY OF MUNICIPALITIES
LOCAL GOVERNMENT CODE
TITLE 8. ACQUISITION, SALE, OR LEASE OF PROPERTY
SUBTITLE A. MUNICIPAL ACQUISITION, SALE, OR LEASE OF PROPERTY
CHAPTER 252. PURCHASING AND CONTRACTING AUTHORITY OF
MUNICIPALITIES
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 252.001. DEFINITIONS. In this chapter:
(1) "Bond funds" includes money in the treasury received from
the sale of bonds and includes the proceeds of bonds that have
been voted but have not been issued and delivered.
(2) "Component purchases" means purchases of the component parts
of an item that in normal purchasing practices would be purchased
in one purchase.
(3) "Current funds" includes money in the treasury, taxes in the
process of being collected in the current tax year, and all other
revenue that may be anticipated with reasonable certainty in the
current tax year.
(4) "High technology procurement" means the procurement of
equipment, goods, or services of a highly technical nature,
including:
(A) data processing equipment and software and firmware used in
conjunction with data processing equipment;
(B) telecommunications equipment and radio and microwave
systems;
(C) electronic distributed control systems, including building
energy management systems; and
(D) technical services related to those items.
(5) "Planning services" means services primarily intended to
guide governmental policy to ensure the orderly and coordinated
development of the state or of municipal, county, metropolitan,
or regional land areas.
(6) "Separate purchases" means purchases, made separately, of
items that in normal purchasing practices would be purchased in
one purchase.
(7) "Sequential purchases" means purchases, made over a period,
of items that in normal purchasing practices would be purchased
in one purchase.
(8) "Time warrant" includes any warrant issued by a municipality
that is not payable from current funds.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Amended by Acts 1989, 71st Leg., ch. 1250, Sec. 2, eff. Sept. 1,
1989; Acts 1995, 74th Leg., ch. 207, Sec. 1, eff. May 23, 1995.
Sec. 252.002. MUNICIPAL CHARTER CONTROLS IN CASE OF CONFLICT.
Any provision in the charter of a home-rule municipality that
relates to the notice of contracts, advertisement of the notice,
requirements for the taking of sealed bids based on
specifications for public improvements or purchases, the manner
of publicly opening bids or reading them aloud, or the manner of
letting contracts and that is in conflict with this chapter
controls over this chapter unless the governing body of the
municipality elects to have this chapter supersede the charter.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Amended by Acts 1993, 73rd Leg., ch. 749, Sec. 5, eff. Sept. 1,
1993; Acts 1993, 73rd Leg., ch. 757, Sec. 7, eff. Sept. 1, 1993.
Sec. 252.003. APPLICATION OF OTHER LAW. The purchasing
requirements of Section 361.426, Health and Safety Code, apply to
municipal purchases made under this chapter.
Added by Acts 1991, 72nd Leg., ch. 303, Sec. 17, eff. Sept. 1,
1991.
SUBCHAPTER B. COMPETITIVE BIDDING OR COMPETITIVE PROPOSALS
REQUIRED
Sec. 252.021. COMPETITIVE REQUIREMENTS FOR PURCHASES. (a)
Before a municipality may enter into a contract that requires an
expenditure of more than $50,000 from one or more municipal
funds, the municipality must:
(1) comply with the procedure prescribed by this subchapter and
Subchapter C for competitive sealed bidding or competitive sealed
proposals;
(2) use the reverse auction procedure, as defined by Section
2155.062(d), Government Code, for purchasing; or
(3) comply with a method described by Subchapter H or J, Chapter
271.
(b) A municipality may use the competitive sealed proposal
procedure for the purchase of goods or services, including high
technology items and insurance.
(c) The governing body of a municipality that is considering
using a method other than competitive sealed bidding must
determine before notice is given the method of purchase that
provides the best value for the municipality. The governing body
may delegate, as appropriate, its authority under this subsection
to a designated representative. If the competitive sealed
proposals requirement applies to the contract, the municipality
shall consider the criteria described by Section 252.043(b) and
the discussions conducted under Section 252.042 to determine the
best value for the municipality.
(d) This chapter does not apply to the expenditure of municipal
funds that are derived from an appropriation, loan, or grant
received by a municipality from the federal or state government
for conducting a community development program established under
Chapter 373 if under the program items are purchased under the
request-for-proposal process described by Section 252.042. A
municipality using a request-for-proposal process under this
subsection shall also comply with the requirements of Section
252.0215.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Amended by Acts 1989, 71st Leg., ch. 1, Sec. 56(b), eff. Aug. 28,
1989; Acts 1993, 73rd Leg., ch. 749, Sec. 1, eff. Sept. 1, 1993;
Acts 1993, 73rd Leg., ch. 757, Sec. 11, eff. Sept. 1, 1993; Acts
1995, 74th Leg., ch. 45, Sec. 1, eff. May 5, 1995; Acts 1997,
75th Leg., ch. 790, Sec. 1, eff. June 17, 1997; Acts 1999, 76th
Leg., ch. 571, Sec. 1, eff. June 18, 1999; Acts 2001, 77th Leg.,
ch. 115, Sec. 1, eff. Sept. 1, 2001; Acts 2001, 77th Leg., ch.
436, Sec. 2, eff. May 28, 2001; Acts 2001, 77th Leg., ch. 436,
Sec. 3, eff. May 28, 2001; Acts 2001, 77th Leg., ch. 1409, Sec.
1, eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 217, Sec. 1,
eff. June 18, 2003; Acts 2003, 78th Leg., ch. 1276, Sec. 12.003,
eff. Sept. 1, 2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
434, Sec. 1, eff. September 1, 2007.
Acts 2007, 80th Leg., R.S., Ch.
1213, Sec. 1, eff. September 1, 2007.
Acts 2007, 80th Leg., R.S., Ch.
1272, Sec. 1, eff. September 1, 2007.
Acts 2007, 80th Leg., R.S., Ch.
1272, Sec. 2, eff. September 1, 2007.
Sec. 252.0215. COMPETITIVE BIDDING IN RELATION TO HISTORICALLY
UNDERUTILIZED BUSINESS. A municipality, in making an expenditure
of more than $3,000 but less than $50,000, shall contact at least
two historically underutilized businesses on a rotating basis,
based on information provided by the comptroller pursuant to
Chapter 2161, Government Code. If the list fails to identify a
historically underutilized business in the county in which the
municipality is situated, the municipality is exempt from this
section.
Added by Acts 1993, 73rd Leg., ch. 749, Sec. 3, eff. Sept. 1,
1993. Amended by Acts 1997, 75th Leg., ch. 165, Sec. 17.18, eff.
Sept. 1, 1997; Acts 2001, 77th Leg., ch. 115, Sec. 2, eff. Sept.
1, 2001.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
434, Sec. 2, eff. September 1, 2007.
Acts 2007, 80th Leg., R.S., Ch.
937, Sec. 1.100, eff. September 1, 2007.
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) 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 Subchapter H, Chapter 271,
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
subchapter with respect to that expenditure.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Amended by Acts 1989, 71st Leg., ch. 1, Sec. 47(c), eff. Aug. 28,
1989; Acts 1989, 71st Leg., ch. 1001, Sec. 1, eff. Aug. 28, 1989;
Acts 1991, 72nd Leg., ch. 42, Sec. 1, eff. April 25, 1991; Acts
1993, 73rd Leg., ch. 749, Sec. 7, eff. Sept. 1, 1993; Acts 1993,
73rd Leg., ch. 757, Sec. 9, eff. Sept. 1, 1993; Acts 1995, 74th
Leg., ch. 207, Sec. 2, eff. May 23, 1995; Acts 1995, 74th Leg.,
ch. 746, Sec. 1, eff. Aug. 28, 1995; Acts 1997, 75th Leg., ch.
125, Sec. 1, eff. May 19, 1997; Acts 1997, 75th Leg., ch. 1370,
Sec. 3, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 405, Sec.
41, eff. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 1409, Sec. 2,
eff. Sept. 1, 2001; Acts 2001, 77th Leg., ch. 1420, Sec. 8.290,
eff. Sept. 1, 2001.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
434, Sec. 3, eff. September 1, 2007.
Acts 2007, 80th Leg., R.S., Ch.
885, Sec. 3.77(3), eff. April 1, 2009.
Sec. 252.023. EXEMPTIONS FROM REFERENDUM PROVISIONS. The
referendum provisions prescribed by Section 252.045 do not apply
to expenditures that are payable:
(1) from current funds;
(2) from bond funds; or
(3) by time warrants unless the amount of the time warrants
issued by the municipality for all purposes during the current
calendar year exceeds:
(A) $7,500 if the municipality's population is 5,000 or less;
(B) $10,000 if the municipality's population is 5,001 to 24,999;
(C) $25,000 if the municipality's population is 25,001 to
49,999; or
(D) $100,000 if the municipality's population is more than
50,000.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Amended by Acts 1991, 72nd Leg., ch. 109, Sec. 1, eff. Aug. 26,
1991.
Sec. 252.024. SELECTION OF INSURANCE BROKER. This chapter does
not prevent a municipality from selecting a licensed insurance
broker as the sole broker of record to obtain proposals and
coverages for excess or surplus insurance that provides necessary
coverage and adequate limits of coverage in structuring layered
excess coverages in all areas of risk requiring special
consideration, including public official liability, police
professional liability, and airport liability. The broker may be
retained only on a fee basis and may not receive any other
remuneration from any other source.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
SUBCHAPTER C. PROCEDURES
Sec. 252.041. NOTICE REQUIREMENT. (a) If the competitive
sealed bidding requirement applies to the contract, notice of the
time and place at which the bids will be publicly opened and read
aloud must be published at least once a week for two consecutive
weeks in a newspaper published in the municipality. The date of
the first publication must be before the 14th day before the date
set to publicly open the bids and read them aloud. If no
newspaper is published in the municipality, the notice must be
posted at the city hall for 14 days before the date set to
publicly open the bids and read them aloud.
(b) If the competitive sealed proposals requirement applies to
the contract, notice of the request for proposals must be given
in the same manner as that prescribed by Subsection (a) for the
notice for competitive sealed bids.
(c) If the contract is for the purchase of machinery for the
construction or maintenance of roads or streets, the notice for
bids and the order for purchase must include a general
specification of the machinery desired.
(d) If the governing body of the municipality intends to issue
time warrants for the payment of any part of the contract, the
notice must include a statement of:
(1) the governing body's intention;
(2) the maximum amount of the proposed time warrant
indebtedness;
(3) the rate of interest the time warrants will bear; and
(4) the maximum maturity date of the time warrants.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Amended by Acts 1991, 72nd Leg., ch. 109, Sec. 2, eff. Aug. 26,
1991; Acts 1993, 73rd Leg., ch. 749, Sec. 4, eff. Sept. 1, 1993;
Acts 1993, 73rd Leg., ch. 757, Sec. 6, eff. Sept. 1, 1993.
Sec. 252.0415. PROCEDURES FOR ELECTRONIC BIDS OR PROPOSALS. (a)
A municipality may receive bids or proposals under this chapter
through electronic transmission if the governing body of the
municipality adopts rules to ensure the identification, security,
and confidentiality of electronic bids or proposals and to ensure
that the electronic bids or proposals remain effectively unopened
until the proper time.
(b) Notwithstanding any other provision of this chapter, an
electronic bid or proposal is not required to be sealed. A
provision of this chapter that applies to a sealed bid or
proposal applies to a bid or proposal received through electronic
transmission in accordance with the rules adopted under
Subsection (a).
Added by Acts 2001, 77th Leg., ch. 1063, Sec. 6, eff. Sept. 1,
2001.
Sec. 252.042. REQUESTS FOR PROPOSALS FOR CERTAIN PROCUREMENTS.
(a) Requests for proposals made under Section 252.021 must
solicit quotations and must specify the relative importance of
price and other evaluation factors.
(b) Discussions in accordance with the terms of a request for
proposals and with regulations adopted by the governing body of
the municipality may be conducted with offerors who submit
proposals and who are determined to be reasonably qualified for
the award of the contract. Offerors shall be treated fairly and
equally with respect to any opportunity for discussion and
revision of proposals. To obtain the best final offers, revisions
may be permitted after submissions and before the award of the
contract.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Amended by Acts 1989, 71st Leg., ch. 1, Sec. 56(c), eff. Aug. 28,
1989; Acts 1995, 74th Leg., ch. 45, Sec. 2, eff. May 5, 1995.
Sec. 252.043. AWARD OF CONTRACT. (a) If the competitive sealed
bidding requirement applies to the contract for goods or
services, the contract must be awarded to the lowest responsible
bidder or to the bidder who provides goods or services at the
best value for the municipality.
(b) In determining the best value for the municipality, the
municipality may consider:
(1) the purchase price;
(2) the reputation of the bidder and of the bidder's goods or
services;
(3) the quality of the bidder's goods or services;
(4) the extent to which the goods or services meet the
municipality's needs;
(5) the bidder's past relationship with the municipality;
(6) the impact on the ability of the municipality to comply with
laws and rules relating to contracting with historically
underutilized businesses and nonprofit organizations employing
persons with disabilities;
(7) the total long-term cost to the municipality to acquire the
bidder's goods or services; and
(8) any relevant criteria specifically listed in the request for
bids or proposals.
(b-1) In addition to the considerations provided by Subsection
(b), a joint board described by Section 22.074(d), Transportation
Code, that awards contracts in the manner provided by this
chapter may consider, in determining the best value for the
board, the impact on the ability of the board to comply with
laws, rules, and programs relating to contracting with small
businesses, as defined by 13 C.F.R. Section 121.201.
(c) Before awarding a contract under this section, a
municipality must indicate in the bid specifications and
requirements that the contract may be awarded either to the
lowest responsible bidder or to the bidder who provides goods or
services at the best value for the municipality.
(d) Except as provided by Subsection (d-1), the contract must be
awarded to the lowest responsible bidder if the competitive
sealed bidding requirement applies to the contract for
construction of:
(1) highways, roads, streets, bridges, utilities, water supply
projects, water plants, wastewater plants, water and wastewater
distribution or conveyance facilities, wharves, docks, airport
runways and taxiways, drainage projects, or related types of
projects associated with civil engineering construction; or
(2) buildings or structures that are incidental to projects that
are primarily civil engineering construction projects.
(d-1) A contract for construction of a project described by
Subsection (d) that requires an expenditure of $1.5 million or
less may be awarded using the competitive sealed proposal
procedure prescribed by Section 271.116.
(e) If the competitive sealed bidding requirement applies to the
contract for construction of a facility, as that term is defined
by Section 271.111, the contract must be awarded to the lowest
responsible bidder or awarded under the method described by
Subchapter H, Chapter 271.
(f) The governing body may reject any and all bids.
(g) A bid that has been opened may not be changed for the
purpose of correcting an error in the bid price. This chapter
does not change the common law right of a bidder to withdraw a
bid due to a material mistake in the bid.
(h) If the competitive sealed proposals requirement applies to
the contract, the contract must be awarded to the responsible
offeror whose proposal is determined to be the most advantageous
to the municipality considering the relative importance of price
and the other evaluation factors included in the request for
proposals.
(i) This section does not apply to a contract for professional
services, as that term is defined by Section 2254.002, Government
Code.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Amended by Acts 1997, 75th Leg., ch. 1370, Sec. 4, eff. Sept. 1,
1997; Acts 2001, 77th Leg., ch. 1409, Sec. 3, eff. Sept. 1, 2001.
Amended by:
Acts 2005, 79th Leg., Ch.
739, Sec. 1, eff. September 1, 2005.
Acts 2007, 80th Leg., R.S., Ch.
428, Sec. 1, eff. June 15, 2007.
Sec. 252.0435. SAFETY RECORD OF BIDDER CONSIDERED. In
determining who is a responsible bidder, the governing body may
take into account the safety record of the bidder, of the firm,
corporation, partnership, or institution represented by the
bidder, or of anyone acting for such a firm, corporation,
partnership, or institution if:
(1) the governing body has adopted a written definition and
criteria for accurately determining the safety record of a
bidder;
(2) the governing body has given notice to prospective bidders
in the bid specifications that the safety record of a bidder may
be considered in determining the responsibility of the bidder;
and
(3) the determinations are not arbitrary and capricious.
Added by Acts 1989, 71st Leg., ch. 1, Sec. 58(b), eff. Aug. 28,
1989.
Sec. 252.0436. CONTRACT WITH PERSON INDEBTED TO MUNICIPALITY.
(a) A municipality by ordinance may establish regulations
permitting the municipality to refuse to enter into a contract or
other transaction with a person indebted to the municipality.
(b) It is not a violation of this chapter for a municipality,
under regulations adopted under Subsection (a), to refuse to
award a contract to or enter into a transaction with an apparent
low bidder or successful proposer that is indebted to the
municipality.
(c) In this section, "person" includes an individual, sole
proprietorship, corporation, nonprofit corporation, partnership,
joint venture, limited liability company, and any other entity
that proposes or otherwise seeks to enter into a contract or
other transaction with the municipality requiring approval by the
governing body of the municipality.
Added by Acts 2003, 78th Leg., ch. 156, Sec. 1, eff. Sept. 1,
2003.
Sec. 252.044. CONTRACTOR'S BOND. (a) If the contract is for
the construction of public works, the bidder to whom the contract
is awarded must execute a good and sufficient bond. The bond must
be:
(1) in the full amount of the contract price;
(2) conditioned that the contractor will faithfully perform the
contract; and
(3) executed, in accordance with Chapter 2253, Government Code,
by a surety company authorized to do business in the state.
(b) Repealed by Acts 1993, 73rd Leg., ch. 865, Sec. 2, eff.
Sept. 1, 1993.
(c) The governing body of a home-rule municipality by ordinance
may adopt the provisions of this section and Chapter 2253,
Government Code, relating to contractors' surety bonds,
regardless of a conflicting provision in the municipality's
charter.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Amended by Acts 1993, 73rd Leg., ch. 865, Sec. 2, eff. Sept. 1,
1993; Acts 1995, 74th Leg., ch. 76, Sec. 5.95(17), eff. Sept. 1,
1995.
Sec. 252.045. REFERENDUM ON ISSUANCE OF TIME WARRANTS. (a) If,
by the time set for letting a contract under this chapter, a
written petition with the required signatures is filed with the
municipal secretary or clerk requesting the governing body of the
municipality to order a referendum on the question of whether
time warrants should be issued for an expenditure under the
contract, the governing body may not authorize the expenditure or
finally award the contract unless the question is approved by a
majority of the votes received in the referendum. The petition
must be signed by at least 10 percent of the qualified voters of
the municipality whose names appear as property taxpayers on the
municipality's most recently approved tax rolls.
(b) If a petition is not filed, the governing body may finally
award the contract and issue the time warrants. In the absence of
a petition, the governing body may, at its discretion, order the
referendum.
(c) The provisions of Subtitles A and C, Title 9, Government
Code, relating to elections for the issuance of municipal bonds
and to the issuance, approval, registration, and sale of bonds
govern the referendum and the time warrants to the extent those
provisions are consistent with this chapter. However, the time
warrants may mature over a term exceeding 40 years only if the
governing body finds that the financial condition of the
municipality will not permit payment of warrants issued for a
term of 40 years or less from taxes that are imposed
substantially uniformly during the term of the warrants.
(d) This section does not supersede any additional rights
provided by the charter of a special-law municipality and
relating to a referendum.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Amended by Acts 1999, 76th Leg., ch. 1064, Sec. 38, eff. Sept. 1,
1999.
Sec. 252.046. CIRCUMSTANCES IN WHICH CURRENT FUNDS TO BE SET
ASIDE. If an expenditure under the contract is payable by
warrants on current funds, the governing body of the municipality
by order shall set aside an amount of current funds that will
discharge the principal and interest of the warrants. Those funds
may not be used for any other purpose, and the warrants must be
discharged from those funds and may not be refunded.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Sec. 252.047. PAYMENT METHOD FOR CERTAIN CONTRACTS. If the
contract is for the construction of public works or for the
purchase of materials, equipment, and supplies, the municipality
may let the contract on a lump-sum basis or unit price basis as
the governing body of the municipality determines. If the
contract is let on a unit price basis, the information furnished
to bidders must specify the approximate quantity needed, based on
the best available information, but payment to the contractor
must be based on the actual quantity constructed or supplied.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Sec. 252.048. CHANGE ORDERS. (a) If changes in plans or
specifications are necessary after the performance of the
contract is begun or if it is necessary to decrease or increase
the quantity of work to be performed or of materials, equipment,
or supplies to be furnished, the governing body of the
municipality may approve change orders making the changes.
(b) The total contract price may not be increased because of the
changes unless additional money for increased costs is
appropriated for that purpose from available funds or is provided
for by the authorization of the issuance of time warrants.
(c) If a change order involves a decrease or an increase of
$25,000 or less, the governing body may grant general authority
to an administrative official of the municipality to approve the
change orders.
(d) The original contract price may not be increased under this
section by more than 25 percent. The original contract price may
not be decreased under this section by more than 25 percent
without the consent of the contractor.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Amended by Acts 1995, 74th Leg., ch. 706, Sec. 1, eff. Sept. 1,
1995; Acts 1995, 74th Leg., ch. 746, Sec. 2, eff. Aug. 28, 1995.
Sec. 252.049. CONFIDENTIALITY OF INFORMATION IN BIDS OR
PROPOSALS. (a) Trade secrets and confidential information in
competitive sealed bids are not open for public inspection.
(b) If provided in a request for proposals, proposals shall be
opened in a manner that avoids disclosure of the contents to
competing offerors and keeps the proposals secret during
negotiations. All proposals are open for public inspection after
the contract is awarded, but trade secrets and confidential
information in the proposals are not open for public inspection.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Sec. 252.050. LEASE-PURCHASE OR INSTALLMENT PURCHASE OF REAL
PROPERTY. (a) This section applies only to a lease-purchase or
installment purchase of real property financed by the issuance of
certificates of participation.
(b) The governing body of a municipality may not make an
agreement under which the municipality is a lessee in a
lease-purchase of real property or is a purchaser in an
installment purchase of real property unless the governing body
first obtains an appraisal by a qualified appraiser who is not an
employee of the municipality. The purchase price may not exceed
the fair market value of the real property, as shown by the
appraisal.
Added by Acts 1989, 71st Leg., 1st C.S., ch. 10, Sec. 2, eff.
Oct. 18, 1989.
SUBCHAPTER D. ENFORCEMENT
Sec. 252.061. INJUNCTION. If the contract is made without
compliance with this chapter, it is void and the performance of
the contract, including the payment of any money under the
contract, may be enjoined by:
(1) any property tax paying resident of the municipality; or
(2) a person who submitted a bid for a contract for which the
competitive sealed bidding requirement applies, regardless of
residency, if the contract is for the construction of public
works.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
979, Sec. 1, eff. September 1, 2009.
Sec. 252.062. CRIMINAL PENALTIES. (a) A municipal officer or
employee commits an offense if the officer or employee
intentionally or knowingly makes or authorizes separate,
sequential, or component purchases to avoid the competitive
bidding requirements of Section 252.021. An offense under this
subsection is a Class B misdemeanor.
(b) A municipal officer or employee commits an offense if the
officer or employee intentionally or knowingly violates Section
252.021, other than by conduct described by Subsection (a). An
offense under this subsection is a Class B misdemeanor.
(c) A municipal officer or employee commits an offense if the
officer or employee intentionally or knowingly violates this
chapter, other than by conduct described by Subsection (a) or
(b). An offense under this subsection is a Class C misdemeanor.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Amended by Acts 1989, 71st Leg., ch. 1250, Sec. 3, eff. Sept. 1,
1989.
Sec. 252.063. REMOVAL; INELIGIBILITY. (a) The final conviction
of a municipal officer or employee for an offense under Section
252.062(a) or (b) results in the immediate removal from office or
employment of that person.
(b) For four years after the date of the final conviction, the
removed officer or employee is ineligible:
(1) to be a candidate for or to be appointed or elected to a
public office in this state;
(2) to be employed by the municipality with which the person
served when the offense occurred; and
(3) to receive any compensation through a contract with that
municipality.
(c) This section does not prohibit the payment of retirement or
workers' compensation benefits to the removed officer or
employee.
Added by Acts 1989, 71st Leg., ch. 1250, Sec. 4, eff. Sept. 1,
1989.