reglab/housing_qa huggingface dataset:
TX Water Code § 60.402 (2021)
2021 Texas Statutes|Water Code|Title 4 - General Law Districts|Chapter 60 - Navigation Districts--General Provisions|Subchapter N. Competitive Bidding Requirements|Section 60.402. Definitions

Sec. 60.402.  DEFINITIONS.  In this chapter:(1)  "Port authority" means a port authority created or operating under Article III, Section 52, or Article XVI, Section 59, of the Texas Constitution.(2)  "Port commission" means the governing body of a navigation district or port authority.(3)  "Current funds" means funds in the treasury of a district or port authority that are available in the current tax year, revenue that may be anticipated with reasonable certainty to come into the treasury during the current tax year, and emergency funds.(4)  "Bond funds" means money in the treasury of a district or port authority received from the sale of bonds, and proceeds of bonds that have been voted but have not been issued and delivered.(5)  "Item" means any service, equipment, goods, or other tangible or intangible personal property, including insurance and high technology items.(6)  "High technology item" means a service, equipment, or goods of a highly technical nature, including data processing equipment and software and firmware used in conjunction with data processing equipment;  telecommunications, radio, and microwave systems;  electronic distributed control systems including building energy management systems;  and technical services related to those items.(7)  "Public works contracts" means a contract for the construction, repair, or renovation of a structure, road, highway, or other improvement or addition to real property.(8)  "Purchase" means the acquisition of an item by a port authority, a contract for construction, or performance of services.|Added by Acts 1987, 70th Leg., ch. 353, Sec. 1, eff. Aug. 31, 1987.|
TX Water Code § 60.403 (2021)
2021 Texas Statutes|Water Code|Title 4 - General Law Districts|Chapter 60 - Navigation Districts--General Provisions|Subchapter N. Competitive Bidding Requirements|Section 60.403. Contracts: Purchases

Sec. 60.403.  CONTRACTS:  PURCHASES.  (a)  A port commission, an authorized designated officer of the port commission, the executive director of the district or the port authority, or an authorized representative of the executive director may make routine purchases or contracts in an amount not to exceed $50,000.(b)  Before a purchase is made, a purchase order or other form of precommitment approval must be signed by the executive director of the district or the port authority or an authorized representative of the executive director.  For routine contracts or purchases, the precommitment approval may be in the form of a list of approved routine purchases or contracts signed by the executive director.  The signed list shall remain on file in the offices of the district or port authority.(c)  One original, photocopy, or electronic copy of the purchase order shall be delivered to the person from whom the purchase is made and one original, photocopy, or electronic copy shall be retained on file in the district or port authority in accordance with Subtitle C, Title 6, Local Government Code.(d)  If any other type of purchase of the district or port authority is subject to the approval of a county auditor, the list of routine purchases or contracts must be approved by the county auditor before the purchases or contracts may be made.(e)  A district may establish an electronic requisition system to perform some or all of the functions required by Subsections (b), (c), and (d).  An electronic requisition system established under this subsection must electronically transmit data to and receive data from the financial system of the district in a manner that meets professional, regulatory, and statutory requirements and standards, including those relating to purchasing, auditing, and accounting.|Added by Acts 1987, 70th Leg., ch. 353, Sec. 1, eff. Aug. 31, 1987.  Amended by Acts 1995, 74th Leg., ch. 632, Sec. 1, eff. June 14, 1995;  Acts 1997, 75th Leg., ch. 262, Sec. 1, eff. Sept. 1, 1997;  Acts 2003, 78th Leg., ch. 588, Sec. 7, eff. June 20, 2003.Amended by: Acts 2007, 80th Leg., R.S., Ch. 1330 (S.B. 1531), Sec. 5, eff. June 15, 2007.Acts 2009, 81st Leg., R.S., Ch. 415 (H.B. 1972), Sec. 1, eff. June 19, 2009.Acts 2011, 82nd Leg., R.S., Ch. 1027 (H.B. 2770), Sec. 12, eff. June 17, 2011.|
TX Water Code § 60.4035 (2021)
2021 Texas Statutes|Water Code|Title 4 - General Law Districts|Chapter 60 - Navigation Districts--General Provisions|Subchapter N. Competitive Bidding Requirements|Section 60.4035. Contracts: Emergency Purchases

Sec. 60.4035.  CONTRACTS:  EMERGENCY PURCHASES.  (a)  Notwithstanding the competitive bidding requirements and proposal procedures of this subchapter and Subchapter O and the requirements of Sections 60.408(a), (b), (c), (d), and (e), the executive director of a district or an officer of a district authorized in writing by the port commission may make emergency purchases or contracts or emergency amendments to existing purchase orders or contracts in an amount that exceeds the amount authorized under Section 60.403(a) for routine purchases or contracts if necessary:(1)  to preserve or protect the public health and safety of the residents of the district;(2)  to preserve the property of the district in the case of a public calamity;(3)  to repair unforeseen damage to the property of the district; or(4)  to respond to security directives issued by:(A)  the federal Department of Homeland Security, including the Transportation Security Administration;(B)  the United States Coast Guard;(C)  the federal Department of Transportation, including the Maritime Administration; or(D)  another federal or state agency responsible for domestic security.(b)  The executive director of a district or the authorized officer of the district shall notify the port commissioners of any purchase made under Subsection (a) not later than 48 hours after the purchase is made.|Added by Acts 2003, 78th Leg., ch. 588, Sec. 8, eff. June 20, 2003.Amended by: Acts 2009, 81st Leg., R.S., Ch. 415 (H.B. 1972), Sec. 2, eff. June 19, 2009.Acts 2009, 81st Leg., R.S., Ch. 1191 (H.B. 3785), Sec. 3, eff. June 19, 2009.Acts 2011, 82nd Leg., R.S., Ch. 91 (S.B. 1303), Sec. 26.007, eff. September 1, 2011.Acts 2011, 82nd Leg., R.S., Ch. 1027 (H.B. 2770), Sec. 13, eff. June 17, 2011.|
TX Water Code § 60.405 (2021)
2021 Texas Statutes|Water Code|Title 4 - General Law Districts|Chapter 60 - Navigation Districts--General Provisions|Subchapter N. Competitive Bidding Requirements|Section 60.405. Proposal Procedures

Sec. 60.405.  PROPOSAL PROCEDURES.  (a)  Notwithstanding Section 60.404, items other than construction services valued at more than the amount authorized by Section 60.403(a) for routine purchases or contracts may be purchased under the procedure provided by this section.(a-1)  Items that may be purchased under the procedure provided by this section include items required in connection with a navigation project entered into with the United States.(b)  Quotations shall be solicited by the district or the district's broker through a request for proposals from as many sources as are reasonably available.  The request for proposals must specify the relative importance of price and all other factors of evaluation.(c)  Public notice of the request for proposals must be made in the same manner as provided by Section 60.404.(d)  The award of the contract shall be made by the commission in open session to the responsible offerer whose proposal is determined to provide the best value to the district giving consideration to evaluation factors set forth in the request for proposals.(e)  If so provided in the request for proposals, information in proposals may not be disclosed to the public until the contract is awarded.  After a contract is awarded, proposals shall be open for public inspection, except that information contained in a proposal identified as a trade secret or as confidential shall be kept confidential.(f)  A district may adopt rules relating to negotiations to be conducted with responsible offerers submitting proposals.  Offerers must be accorded fair and equal treatment with respect to any opportunity for negotiation and revision of proposals.  Revisions to proposal and contract terms may be permitted after submission of a proposal and before award of the contract.|Added by Acts 1987, 70th Leg., ch. 353, Sec. 1, eff. Aug. 31, 1987.Amended by: Acts 2017, 85th Leg., R.S., Ch. 427 (S.B. 1395), Sec. 10, eff. June 1, 2017.Acts 2021, 87th Leg., R.S., Ch. 440 (S.B. 1642), Sec. 5, eff. June 8, 2021.Acts 2021, 87th Leg., R.S., Ch. 440 (S.B. 1642), Sec. 6, eff. June 8, 2021.|
TX Water Code § 60.406 (2021)
2021 Texas Statutes|Water Code|Title 4 - General Law Districts|Chapter 60 - Navigation Districts--General Provisions|Subchapter N. Competitive Bidding Requirements|Section 60.406. Competitive Bidding and Proposal Procedures Required for Certain Contracts

Sec. 60.406.  COMPETITIVE BIDDING AND PROPOSAL PROCEDURES REQUIRED FOR CERTAIN CONTRACTS.  (a)  Except as otherwise provided by Section 60.4035 or 60.412, before a district or port authority may purchase one or more items under a contract that will require an expenditure of more than the amount authorized under Section 60.403(a) for routine purchases or contracts, the port commission of that district or port authority must comply with the competitive bidding requirements or proposal procedures provided by this subchapter or Subchapter O.  All bids must be sealed.(b)  The competitive bidding and proposal requirements provided by this subchapter and Subchapter O apply only to contracts for which payment will be made from current funds or bond funds.(c)  In applying the competitive bidding procedures and proposal procedures, all separate, sequential, or component purchases of items ordered or purchased from the same supplier by the same officer, entity, or department, purchased with the intent of avoiding the requirements of this subchapter or Subchapter O, shall be treated as if they are part of a single purchase and a single contract.|Added by Acts 1987, 70th Leg., ch. 353, Sec. 1, eff. Aug. 31, 1987.  Amended by Acts 1993, 73rd Leg., ch. 757, Sec. 23, eff. Sept. 1, 1993;  Acts 1995, 74th Leg., ch. 632, Sec. 3, eff. June 14, 1995.Amended by: Acts 2009, 81st Leg., R.S., Ch. 415 (H.B. 1972), Sec. 4, eff. June 19, 2009.Acts 2009, 81st Leg., R.S., Ch. 1191 (H.B. 3785), Sec. 5, eff. June 19, 2009.Acts 2011, 82nd Leg., R.S., Ch. 91 (S.B. 1303), Sec. 26.009, eff. September 1, 2011.Acts 2011, 82nd Leg., R.S., Ch. 1027 (H.B. 2770), Sec. 15, eff. June 17, 2011.|
TX Water Code § 60.407 (2021)
2021 Texas Statutes|Water Code|Title 4 - General Law Districts|Chapter 60 - Navigation Districts--General Provisions|Subchapter N. Competitive Bidding Requirements|Section 60.407. Opening Sealed Proposals and Bids

Sec. 60.407.  OPENING SEALED PROPOSALS AND BIDS.  (a)  An official of the district shall open the bids and competitive sealed proposals on the date specified in the notice.  If an error is discovered in the original specifications or the nature of the item to be purchased requires an extension, the date may be extended.(b)  Opened bids and sealed proposals shall be kept on file and made available for public inspection.|Added by Acts 1987, 70th Leg., ch. 353, Sec. 1, eff. Aug. 31, 1987.Amended by: Acts 2017, 85th Leg., R.S., Ch. 427 (S.B. 1395), Sec. 11, eff. June 1, 2017.|
TX Water Code § 60.408 (2021)
2021 Texas Statutes|Water Code|Title 4 - General Law Districts|Chapter 60 - Navigation Districts--General Provisions|Subchapter N. Competitive Bidding Requirements|Section 60.408. Contract Award

Sec. 60.408.  CONTRACT AWARD.  (a)  The bids shall be presented to the port commission in session.(b)  The port commission may award the contract to the responsible bidder submitting the lowest and best bid, or the port commission may reject any or all bids.(c)  If two responsible bidders submit the lowest and best bid, the port commission shall decide between the two bids by drawing lots in a manner prescribed by rule by the chairman of the port commission.(d)  A contract may not be awarded to a bidder who does not submit the lowest dollar bid meeting specifications unless, before the award, each person with a lower bid is given notice of the proposed award and an opportunity to appear before the port commission and present evidence concerning his responsibility.(e)  A contract valued at more than the amount authorized under Section 60.403(a) for routine purchases or contracts shall be awarded at a regularly scheduled or specially called meeting of the port commission.(f)  A contract valued at more than the amount authorized under Section 60.403(a) for routine purchases or contracts must be in writing, executed for the district or port authority by the district's or port authority's executive or designated officer or by an authorized designated employee of the district or port authority, and filed with the proper officer of the district or port authority.(g)  Before a contract valued at more than the amount authorized under Section 60.403(a) for routine purchases or contracts takes effect or is binding on a district or port authority, the appropriate financial officer of the district or port authority must certify that funds are or will be available to meet the contract when due.(h)  One original, photocopy, or electronic copy of a contract, requisition, or purchase order valued at more than the amount authorized under Section 60.403(a) for routine purchases or contracts must be delivered to the contractor and one original, photocopy, or electronic copy shall be retained on file with the district or port authority in accordance with Subtitle C, Title 6, Local Government Code.(i)  A purchase or contract valued at more than the amount authorized under Section 60.403(a) for routine purchases or contracts that is not in compliance with this subchapter is void and unenforceable.|Added by Acts 1987, 70th Leg., ch. 353, Sec. 1, eff. Aug. 31, 1987.Amended by: Acts 2009, 81st Leg., R.S., Ch. 1191 (H.B. 3785), Sec. 6, eff. June 19, 2009.Acts 2011, 82nd Leg., R.S., Ch. 1027 (H.B. 2770), Sec. 16, eff. June 17, 2011.|
TX Water Code § 60.409 (2021)
2021 Texas Statutes|Water Code|Title 4 - General Law Districts|Chapter 60 - Navigation Districts--General Provisions|Subchapter N. Competitive Bidding Requirements|Section 60.409. Pricing Method

Sec. 60.409.  PRICING METHOD.  (a)  A purchase may be proposed on a lump-sum or unit-price basis or a combination of a lump-sum basis and a unit-price basis.(b)  If a district uses unit pricing in its notice, the information furnished proposers or bidders shall specify the approximate quantities estimated on the best available information or other quantities reasonably specified to permit comparison of proposals or bids, and the total contract amount may be based on estimated maximum quantities, but the compensation paid the bidder must be based on the actual quantities purchased.|Added by Acts 1987, 70th Leg., ch. 353, Sec. 1, eff. Aug. 31, 1987.Amended by: Acts 2017, 85th Leg., R.S., Ch. 427 (S.B. 1395), Sec. 12, eff. June 1, 2017.|
TX Water Code § 60.410 (2021)
2021 Texas Statutes|Water Code|Title 4 - General Law Districts|Chapter 60 - Navigation Districts--General Provisions|Subchapter N. Competitive Bidding Requirements|Section 60.410. Changes in Plans and Specifications

Sec. 60.410.  CHANGES IN PLANS AND SPECIFICATIONS.  (a)  A port commission may change the plans, specifications, proposal, or quantities of items purchased after a contract has been awarded, but the total contract price may not be changed unless the cost can be paid from available funds.(b)  If a change order involves an increase or decrease in cost less than or equal to the amount authorized in Section 60.403(a) for routine purchases or contracts, a port commission may grant general authority to an employee to approve the change order.  However, the original contract price may not be increased by more than 25 percent or decreased by 18 percent or more without the consent of the contractor.|Added by Acts 1987, 70th Leg., ch. 353, Sec. 1, eff. Aug. 31, 1987.Amended by: Acts 2007, 80th Leg., R.S., Ch. 1330 (S.B. 1531), Sec. 6, eff. June 15, 2007.|
TX Water Code § 60.411 (2021)
2021 Texas Statutes|Water Code|Title 4 - General Law Districts|Chapter 60 - Navigation Districts--General Provisions|Subchapter N. Competitive Bidding Requirements|Section 60.411. Bond Requirements

Sec. 60.411.  BOND REQUIREMENTS.  (a)  If a contract is for the construction of public works or a contract amount exceeds $50,000, the bid specifications or request for proposal may require the bidder to furnish a good and sufficient bid bond in the amount of five percent of the total contract price.  A district or port authority may require that the bond be executed with a surety company:(1)  authorized to do business in this state;  and(2)  listed on the United States Department of Treasury List of Approved Sureties.(b)  Not later than the 10th day after the date of the signing of a contract or issuance of a contract or purchase order, the bidder or proposal offerer shall furnish a performance bond to the district or port authority, if required by a district or port authority, for the full amount of the contract if the contract exceeds $50,000.(c)  If a contract is for $50,000 or less, a district or port authority may provide in the bid notice or request for proposal that money will not be paid to the contractor until completion and acceptance of the work or fulfillment of the purchase obligation to the district or port authority.(d)  Bidders or proposal offerers for contracts subject to Chapter 2253, Government Code, are required to furnish a bond as provided by that article, except that a district or port authority may require that the bond be executed with a surety company listed on the United States Department of Treasury List of Approved Sureties.|Added by Acts 1987, 70th Leg., ch. 353, Sec. 1, eff. Aug. 31, 1987.  Amended by Acts 1993, 73rd Leg., ch. 170, Sec. 1, eff. Sept. 1, 1993;  Acts 1995, 74th Leg., ch. 76, Sec. 5.95(17), eff. Sept. 1, 1995.Amended by: Acts 2009, 81st Leg., R.S., Ch. 1191 (H.B. 3785), Sec. 7, eff. June 19, 2009.|
TX Water Code § 60.4115 (2021)
2021 Texas Statutes|Water Code|Title 4 - General Law Districts|Chapter 60 - Navigation Districts--General Provisions|Subchapter N. Competitive Bidding Requirements|Section 60.4115. Notification of Safety and Environmental Record of Contractor

Sec. 60.4115.  NOTIFICATION OF SAFETY AND ENVIRONMENTAL RECORD OF CONTRACTOR.  (a)  A person that enters into a contract with a district or port authority shall provide, at the request of the district or port authority, notice to the district or authority of any citation, notice of violation or penalty, or other similar document regarding a serious safety or environmental violation that the person received from an agency or department of this state or of the federal government.  The notice must include:(1)  a general description of the conduct that resulted in the citation, violation, penalty, or similar sanction;  and(2)  the document from the agency or department that provided notice to the person of the citation, violation, penalty, or similar sanction.(b)  A district or port authority may terminate a contract with a person if the district or authority determines that the person failed to give notice as required by Subsection (a) or misrepresented conduct that resulted in a citation, notice of violation or penalty, or similar sanction.  The district or port authority shall compensate the person for services performed before the termination of the contract.(c)  This section applies to all purchasing methods available to a district or port authority.|Added by Acts 2003, 78th Leg., ch. 588, Sec. 10, eff. June 20, 2003.|
TX Water Code § 60.412 (2021)
2021 Texas Statutes|Water Code|Title 4 - General Law Districts|Chapter 60 - Navigation Districts--General Provisions|Subchapter N. Competitive Bidding Requirements|Section 60.412. Exemptions

Sec. 60.412.  EXEMPTIONS.  (a)  A contract for a purchase is exempt from the competitive bidding requirements and proposal procedures of this subchapter and Subchapter O if a contract is for the purchase of:(1)  an item that must be purchased in a case of public calamity if it is necessary to make the purchase promptly to relieve the necessity of the citizens or to preserve the property of the district or port authority;(2)  an item necessary to preserve or protect the public health or the safety of the residents of the district or port authority;(3)  an item made necessary by unforeseen damage to the property of the district or port authority;(4)  a personal or professional service;(5)  any work performed and paid for by the day as the work progresses;(6)  any land or right-of-way;(7)  an item that can be obtained only from one source, including:(A)  items for which competition is precluded because of the existence of patents, copyrights, secret processes, or natural monopolies;(B)  films, manuscripts, or books;(C)  public utility services; and(D)  captive replacement parts or components for equipment;(8)  any item necessary to secure a district or port authority during a period of heightened security as determined by:(A)  the federal Department of Homeland Security, including the Transportation Security Administration;(B)  the United States Coast Guard;(C)  the United States Bureau of Customs and Border Protection;(D)  the Federal Bureau of Investigation;(E)  the federal Department of Transportation, including the Maritime Administration; or(F)  another federal, state, or local agency; or(9)  an item from the United States, including any agency thereof, or from this state, including an agency of this state.(b)  If an item exempt under Subsection (a)(7) of this section is purchased, the person making the purchase must sign a statement as to the existence of only one source for the purchase and a district or port authority must enter the statement into the records of that purchase.(c)  A district or port authority shall comply with Chapter 2254, Government Code, in procuring professional services.|Added by Acts 1987, 70th Leg., ch. 353, Sec. 1, eff. Aug. 31, 1987.  Amended by Acts 2003, 78th Leg., ch. 588, Sec. 11, eff. June 20, 2003.Amended by: Acts 2005, 79th Leg., Ch. 426 (S.B. 1786), Sec. 1, eff. September 1, 2005.Acts 2009, 81st Leg., R.S., Ch. 1191 (H.B. 3785), Sec. 8, eff. June 19, 2009.|
TX Water Code § 60.4125 (2021)
2021 Texas Statutes|Water Code|Title 4 - General Law Districts|Chapter 60 - Navigation Districts--General Provisions|Subchapter N. Competitive Bidding Requirements|Section 60.4125. Alternative Methods for Certain Purchases or Contracts

Sec. 60.4125.  ALTERNATIVE METHODS FOR CERTAIN PURCHASES OR CONTRACTS.  (a)  Notwithstanding the other provisions of this subchapter or any other law, a district or port authority may make a purchase or enter into a contract valued at more than the amount authorized in Section 60.403(a) for routine purchases or contracts by any method available to a school district, including all procedures and limitations, under Subchapter B, Chapter 44, Education Code, that, in the opinion of the port commission, provides the best value to the district or port authority.(b)  Repealed by Acts 2003, 78th Leg., ch. 307, Sec. 2.(c)  Subsection (a) does not apply to contracts when the district or port authority is constructing a project for another political subdivision of the state.(d)  If a purchase or contract made under Subsection (a) is subject to a small business development program adopted by the port commission of the port authority or district, the purchase solicitation must indicate that fact and must also indicate where a copy of the program requirements may be obtained.|Added by Acts 2001, 77th Leg., ch. 738, Sec. 1, eff. Sept. 1, 2001.  Amended by Acts 2003, 78th Leg., ch. 307, Sec. 2, eff. June 18, 2003;  Acts 2003, 78th Leg., ch. 588, Sec. 12, eff. June 20, 2003.Amended by: Acts 2007, 80th Leg., R.S., Ch. 1330 (S.B. 1531), Sec. 7, eff. June 15, 2007.|