reglab/housing_qa huggingface dataset:
TX Loc Govt Code § 262.006 (2021)
2021 Texas Statutes|Local Government Code|Title 8 - Acquisition, Sale, or Lease of Property|Subtitle B - County Acquisition, Sale, or Lease of Property|Chapter 262 - Purchasing and Contracting Authority of Counties|Subchapter A. General Provisions|Section 262.006. Least Cost Review Program

Sec. 262.006.  LEAST COST REVIEW PROGRAM.  The commissioners court of a county may establish a least cost review program for public improvements to be constructed by the use of personnel, equipment, or facilities of the county that may exceed a cost of:(1)  $100,000;  or(2)  an amount less than $100,000 as determined by the commissioners court.|Added by Acts 1999, 76th Leg., ch. 62, Sec. 13.11(f), eff. Sept. 1, 1999.|
TX Loc Govt Code § 262.007 (2021)
2021 Texas Statutes|Local Government Code|Title 8 - Acquisition, Sale, or Lease of Property|Subtitle B - County Acquisition, Sale, or Lease of Property|Chapter 262 - Purchasing and Contracting Authority of Counties|Subchapter A. General Provisions|Section 262.007. Suit Against County Arising Under Certain Contracts

Sec. 262.007.  SUIT AGAINST COUNTY ARISING UNDER CERTAIN CONTRACTS.  (a)   A county that is a party to a written contract for engineering, architectural, or construction services or for goods related to engineering, architectural, or construction services may sue or be sued, plead or be impleaded, or defend or be defended on a claim arising under the contract.  A suit on the contract brought by a county shall be brought in the name of the county.  A suit on the contract brought against a county shall identify the county by name and must be brought in a state court in that county.(b)  The total amount of money recoverable from a county on a claim for breach of the contract is limited to the following:(1)  the balance due and owed by the county under the contract as it may have been amended, including any amount owed as compensation for the increased cost to perform the work as a direct result of owner-caused delays or acceleration;(2)  the amount owed for change orders or additional work required to carry out the contract;(3)  reasonable and necessary attorney's fees that are equitable and just;  and(4)  interest as allowed by law.(c)  An award of damages under this section may not include:(1)  consequential damages, except as allowed under Subsection (b)(1);(2)  exemplary damages;  or(3)  damages for unabsorbed home office overhead.(d)  This section does not waive a defense or a limitation on damages available to a party to a contract, other than a bar against suit based on sovereign immunity.(e)  This section does not waive sovereign immunity to suit in federal court.|Acts 2003, 78th Leg., ch. 1203, Sec. 2, eff. Sept. 1, 2003.|
TX Loc Govt Code § 262.0115 (2021)
2021 Texas Statutes|Local Government Code|Title 8 - Acquisition, Sale, or Lease of Property|Subtitle B - County Acquisition, Sale, or Lease of Property|Chapter 262 - Purchasing and Contracting Authority of Counties|Subchapter B. Purchasing Agents|Section 262.0115. Purchasing Agents in Counties With Population of More Than 100,000

Sec. 262.0115.  PURCHASING AGENTS IN COUNTIES WITH POPULATION OF MORE THAN 100,000.  (a)  In a county with a population of more than 100,000, the commissioners court may employ a person to act as county purchasing agent.  However, this section does not apply to a county that has appointed a purchasing agent under Section 262.011 and that has not abolished the position as authorized by law.(b)  A purchasing agent employed under this section serves at the pleasure of the commissioners court.(c)  The commissioners court may employ other persons necessary to assist the purchasing agent in performing the agent's functions.(d)  Under the supervision of the commissioners court, the purchasing agent shall carry out the functions prescribed by law for a purchasing agent under Section 262.011 and for any administrative function of the county auditor in regard to county purchases and contracts and shall administer the procedures prescribed by law for notice and public bidding for county purchases and contracts.(e)  A county that has established the position of county purchasing agent under this section may abolish the position at any time.  On the abolition of the position, the county auditor shall assume the functions previously performed by the purchasing agent regarding the notice for and opening of competitive bids or proposals under this chapter and Chapter 271.|Added by Acts 1989, 71st Leg., ch. 1, Sec. 11(g), eff. Aug. 28, 1989.  Amended by Acts 1995, 74th Leg., ch. 63, Sec. 1, eff. May 9, 1995;  Acts 1999, 76th Leg., ch. 369, Sec. 1, eff. May 29, 1999.Amended by: Acts 2011, 82nd Leg., R.S., Ch. 285 (H.B. 1694), Sec. 2, eff. September 1, 2011.|
TX Loc Govt Code § 262.012 (2021)
2021 Texas Statutes|Local Government Code|Title 8 - Acquisition, Sale, or Lease of Property|Subtitle B - County Acquisition, Sale, or Lease of Property|Chapter 262 - Purchasing and Contracting Authority of Counties|Subchapter B. Purchasing Agents|Section 262.012. County Auditors as Purchasing Agents in Certain Counties

Sec. 262.012.  COUNTY AUDITORS AS PURCHASING AGENTS IN CERTAIN COUNTIES.  (a)  The commissioners court of a county that employs a county auditor jointly with one or more counties under Section 84.008 may require the auditor to act as the purchasing agent for the county, in addition to performing the regular duties of the auditor as required by law.(b)  In a county with a population of 41,680 to 42,100, the county auditor shall act as the purchasing agent for the county in addition to performing the regular duties of the auditor as required by law.(c)  This section applies only to a county in which a county purchasing agent has not been appointed under Section 262.011.|Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1989, 71st Leg., ch. 561, Sec. 3, eff. Aug. 28, 1989;  Acts 1989, 71st Leg., ch. 1250, Sec. 7, eff. Sept. 1, 1989;  Acts 1991, 72nd Leg., ch. 204, Sec. 1, eff. Sept. 1, 1991.|
TX Loc Govt Code § 262.021 (2021)
2021 Texas Statutes|Local Government Code|Title 8 - Acquisition, Sale, or Lease of Property|Subtitle B - County Acquisition, Sale, or Lease of Property|Chapter 262 - Purchasing and Contracting Authority of Counties|Subchapter C. Competitive Bidding in General|Section 262.021. Short Title

Sec. 262.021.  SHORT TITLE.  This subchapter may be cited as the County Purchasing Act.|Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.|
TX Loc Govt Code § 262.022 (2021)
2021 Texas Statutes|Local Government Code|Title 8 - Acquisition, Sale, or Lease of Property|Subtitle B - County Acquisition, Sale, or Lease of Property|Chapter 262 - Purchasing and Contracting Authority of Counties|Subchapter C. Competitive Bidding in General|Section 262.022. Definitions

Sec. 262.022.  DEFINITIONS.  In this subchapter:(1)  "Bond funds" means money in the county treasury received from the sale of bonds, and proceeds of bonds that have been voted but that 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" means funds in the county treasury that are available in the current tax year, revenue that may be anticipated with reasonable certainty to come into the county treasury during the current tax year, and emergency funds.(4)  "High technology item" means a service, equipment, or good of a highly technical nature, including:(A)  data processing equipment and software and firmware used in conjunction with data processing equipment;(B)  telecommunications, radio, and microwave systems;(C)  electronic distributed control systems, including building energy management systems;  and(D)  technical services related to those items.(5)  "Item" means any service, equipment, good, or other tangible or intangible personal property, including insurance and high technology items.  The term does not include professional services as defined by Section 2254.002, Government Code.(5-a)  "Lowest and best" means a bid or offer providing the best value considering associated direct and indirect costs, including transport, maintenance, reliability, life cycle, warranties, and customer service after a sale.(5-b)  "Normal purchasing practice" means:(A)  an accepted custom, practice, or standard for government procurement in the state; or(B)  a practice recognized by a national purchasing association regarding the purchase of a particular good or service.(6)  "Purchase" means any kind of acquisition, including by a lease or revenue contract.(7)  "Separate purchases" means purchases, made separately, of items that in normal purchasing practices would be purchased in one purchase.(8)  "Sequential purchases" means purchases, made over a period, of items that in normal purchasing practices would be purchased in one purchase.(9)  "Time warrant" means any warrant issued by a county that is not payable out of current funds.|Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1989, 71st Leg., ch. 1, Sec. 59(b), eff. Aug. 28, 1989;  Acts 1989, 71st. Leg., ch. 1250, Sec. 8(a), eff. Sept. 1, 1989.Amended by: Acts 2011, 82nd Leg., R.S., Ch. 285 (H.B. 1694), Sec. 3, eff. September 1, 2011.|
TX Loc Govt Code § 262.0225 (2021)
2021 Texas Statutes|Local Government Code|Title 8 - Acquisition, Sale, or Lease of Property|Subtitle B - County Acquisition, Sale, or Lease of Property|Chapter 262 - Purchasing and Contracting Authority of Counties|Subchapter C. Competitive Bidding in General|Section 262.0225. Additional Competitive Procedures

Sec. 262.0225.  ADDITIONAL COMPETITIVE PROCEDURES.  (a)  In the procedure for competitive bidding under this subchapter, the commissioners court of the county shall provide all bidders with the opportunity to bid on the same items on equal terms and have bids judged according to the same standards as set forth in the specifications.(b)  A county shall receive bids or proposals under this subchapter in a fair and confidential manner.(c)  A county may receive bids or proposals under this subchapter in hard-copy format or through electronic transmission.  Except as provided by Subsection (c-1), a county shall accept any bids or proposals submitted in hard-copy format.(c-1)  The commissioners court of a county may by order require submission of bids or proposals under this subchapter through electronic transmission if the county makes available all technology necessary to submit a bid or proposal through electronic transmission to any person who submits a hard-copy bid or proposal in person.(d)  A county that complies in good faith with the competitive bidding requirements of this chapter and receives no responsive bids for an item may procure the item under Section 262.0245.|Added by Acts 2001, 77th Leg., ch. 1063, Sec. 1, eff. Sept. 1, 2001.Amended by: Acts 2011, 82nd Leg., R.S., Ch. 285 (H.B. 1694), Sec. 4, eff. September 1, 2011.Acts 2021, 87th Leg., R.S., Ch. 11 (H.B. 362), Sec. 1, eff. May 15, 2021.|
TX Loc Govt Code § 262.0235 (2021)
2021 Texas Statutes|Local Government Code|Title 8 - Acquisition, Sale, or Lease of Property|Subtitle B - County Acquisition, Sale, or Lease of Property|Chapter 262 - Purchasing and Contracting Authority of Counties|Subchapter C. Competitive Bidding in General|Section 262.0235. Procedures Adopted by County Purchasing Agents for Electronic Bids or Proposals

Sec. 262.0235.  PROCEDURES ADOPTED BY COUNTY PURCHASING AGENTS FOR ELECTRONIC BIDS OR PROPOSALS.  The county purchasing agent, before receiving electronic bids or proposals, shall adopt rules in conformance with Section 262.011(o) to ensure the identification, security, and confidentiality of electronic bids or proposals.|Added by Acts 2001, 77th Leg., ch. 1063, Sec. 3, eff. Sept. 1, 2001.|
TX Loc Govt Code § 262.0241 (2021)
2021 Texas Statutes|Local Government Code|Title 8 - Acquisition, Sale, or Lease of Property|Subtitle B - County Acquisition, Sale, or Lease of Property|Chapter 262 - Purchasing and Contracting Authority of Counties|Subchapter C. Competitive Bidding in General|Section 262.0241. Mandatory Exemptions: Certain Recreational Services

Sec. 262.0241.  MANDATORY EXEMPTIONS:  CERTAIN RECREATIONAL SERVICES.  (a)  This section applies only to a county that:(1)  has a population of 20,000 or less;  and(2)  owns not more than one golf course open for public use.(b)  The competitive bidding and competitive proposal procedures prescribed by this subchapter do not apply to the purchase of:(1)  management services for:(A)  a county-owned golf course;  or(B)  a retail facility owned by the county and located on the premises of the golf course;  and(2)  landscape maintenance services for a county-owned golf course.|Added by Acts 2001, 77th Leg., ch. 1065, Sec. 2, eff. June 15, 2001.|
TX Loc Govt Code § 262.0245 (2021)
2021 Texas Statutes|Local Government Code|Title 8 - Acquisition, Sale, or Lease of Property|Subtitle B - County Acquisition, Sale, or Lease of Property|Chapter 262 - Purchasing and Contracting Authority of Counties|Subchapter C. Competitive Bidding in General|Section 262.0245. Competitive Procurement Procedures Adopted by County Purchasing Agents or Commissioners Court

Sec. 262.0245.  COMPETITIVE PROCUREMENT PROCEDURES ADOPTED BY COUNTY PURCHASING AGENTS OR COMMISSIONERS COURT.  A county purchasing agent or, in a county without a purchasing agent, the commissioners court shall adopt procedures that provide for competitive procurement, to the extent practicable under the circumstances, for the county purchase of an item that is not subject to competitive procurement or for which the county receives no responsive bid.|Added by Acts 1991, 72nd Leg., ch. 16, Sec. 13.02(c), eff. Aug. 26, 1991.  Renumbered from Sec. 262.0241 by Acts 2001, 77th Leg., ch. 1065, Sec. 2, eff;  June 15, 2001.Amended by: Acts 2009, 81st Leg., R.S., Ch. 1266 (H.B. 987), Sec. 5, eff. June 19, 2009.Acts 2011, 82nd Leg., R.S., Ch. 285 (H.B. 1694), Sec. 5, eff. September 1, 2011.|
TX Loc Govt Code § 262.025 (2021)
2021 Texas Statutes|Local Government Code|Title 8 - Acquisition, Sale, or Lease of Property|Subtitle B - County Acquisition, Sale, or Lease of Property|Chapter 262 - Purchasing and Contracting Authority of Counties|Subchapter C. Competitive Bidding in General|Section 262.025. Competitive Bidding Notice

Sec. 262.025.  COMPETITIVE BIDDING NOTICE.  (a)   A notice of a proposed purchase must be published at least once a week for two consecutive weeks in a newspaper of general circulation in the county, with the first day of publication occurring at least 14 days before the date of the bid opening.  If there is no newspaper of general circulation in the county, the notice must be posted in a prominent place in the courthouse for 14 days before the date of the bid opening.  Notice published in a newspaper must include:(1)  a general statement of the proposed purchase;(2)  the name and telephone number of the purchasing agent; and(3)  the county website address, if any.(a-1)  Subsection (a) does not require more than two notices in one newspaper or limit the county from providing additional notice for longer periods or in more locations.(b)  The notice must include:(1)  the specifications describing the item to be purchased or a statement of where the specifications may be obtained;(2)  the time and place for receiving and opening bids and the name and position of the county official or employee to whom the bids are to be sent;(3)  whether the bidder should use lump-sum or unit pricing;(4)  the method of payment by the county;  and(5)  the type of bond required by the bidder.(c)  If any part of the payment for a proposed purchase will be made through time warrants, the notice also must include a statement of the maximum amount of time warrant indebtedness, the rate of interest on the time warrants, and the maximum maturity date of the time warrants.(d)  In a county with a population of 3.3 million or more, the county and any district or authority created under Article XVI, Section 59, of the Texas Constitution of which the governing body is the commissioners court may require that a minimum of 25 percent of the work be performed by the bidder and, notwithstanding any other law to the contrary, may establish financial criteria for the surety companies that provide payment and performance bonds.|Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1989, 71st Leg., ch. 1019, Sec. 1, eff. Aug. 28, 1989;  Acts 2001, 77th Leg., ch. 669, Sec. 78, eff. Sept. 1, 2001.Amended by: Acts 2011, 82nd Leg., R.S., Ch. 285 (H.B. 1694), Sec. 6, eff. September 1, 2011.|
TX Loc Govt Code § 262.0255 (2021)
2021 Texas Statutes|Local Government Code|Title 8 - Acquisition, Sale, or Lease of Property|Subtitle B - County Acquisition, Sale, or Lease of Property|Chapter 262 - Purchasing and Contracting Authority of Counties|Subchapter C. Competitive Bidding in General|Section 262.0255. Additional Notice and Bond Provisions Relating to Purchase of Certain Equipment

Sec. 262.0255.  ADDITIONAL NOTICE AND BOND PROVISIONS RELATING TO PURCHASE OF CERTAIN EQUIPMENT.  (a)  A notice of a proposed purchase of earth-moving, material-handling, road maintenance, or construction equipment under Section 262.025 may include a request for information about the costs of the repair, maintenance, or repurchase of the equipment.(b)  The commissioners court may require the bidder to furnish, to the county in a contract for the purchase of the equipment, a bond to cover the repurchase costs of the equipment.(c)  A commissioners court purchasing personal property under Section 271.083 of this code or Section 791.025, Government Code, may negotiate with a vendor awarded a cooperative contract under those sections an agreement for the vendor to purchase or accept as trade used equipment owned by the county.|Added by Acts 1991, 72nd Leg., ch. 416, Sec. 1, eff. Sept. 1, 1991.Amended by: Acts 2011, 82nd Leg., R.S., Ch. 285 (H.B. 1694), Sec. 7, eff. September 1, 2011.|
TX Loc Govt Code § 262.0256 (2021)
2021 Texas Statutes|Local Government Code|Title 8 - Acquisition, Sale, or Lease of Property|Subtitle B - County Acquisition, Sale, or Lease of Property|Chapter 262 - Purchasing and Contracting Authority of Counties|Subchapter C. Competitive Bidding in General|Section 262.0256. Pre-Bid Conference for Certain Counties or a District Governed by Those Counties

Sec. 262.0256.  PRE-BID CONFERENCE FOR CERTAIN COUNTIES OR A DISTRICT GOVERNED BY THOSE COUNTIES.  (a)   The commissioners court of the county or the governing body of a district or authority created under Section 59, Article XVI, Texas Constitution, if the governing body is the commissioners court of the county in which the district is located, may require a principal, officer, or employee of each prospective bidder to attend a mandatory pre-bid conference conducted for the purpose of discussing contract requirements and answering questions of prospective bidders.(b)  After a conference is conducted under Subsection (a), any additional required notice for the proposed purchase may be sent by certified mail, return receipt requested, only to prospective bidders who attended the conference.  Notice under this subsection is not subject to the requirements of Section 262.025.|Reenacted and amended by Acts 2011, 82nd Leg., R.S., Ch. 285 (H.B. 1694), Sec. 8, eff. September 1, 2011.|
TX Loc Govt Code § 262.026 (2021)
2021 Texas Statutes|Local Government Code|Title 8 - Acquisition, Sale, or Lease of Property|Subtitle B - County Acquisition, Sale, or Lease of Property|Chapter 262 - Purchasing and Contracting Authority of Counties|Subchapter C. Competitive Bidding in General|Section 262.026. Opening of Bids

Sec. 262.026.  OPENING OF BIDS.  (a)  The county official who makes purchases for the county shall open the bids on the date specified in the notice.  The date specified in the notice may be extended if the commissioners court determines that the extension is in the best interest of the county.  All bids, including those received before an extension is made, must be opened at the same time.  The commissioners court may adopt an order that delegates the authority to make extensions under this subsection to the county official who makes purchases for the county.(b)  Opened bids shall be kept on file and available for inspection by anyone desiring to see them until the first anniversary of the date of opening.  Opened bids are subject to disclosure under Chapter 552, Government Code.|Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1999, 76th Leg., ch. 505, Sec. 3, eff. Sept. 1, 1999.Amended by: Acts 2011, 82nd Leg., R.S., Ch. 285 (H.B. 1694), Sec. 9, eff. September 1, 2011.|
TX Loc Govt Code § 262.027 (2021)
2021 Texas Statutes|Local Government Code|Title 8 - Acquisition, Sale, or Lease of Property|Subtitle B - County Acquisition, Sale, or Lease of Property|Chapter 262 - Purchasing and Contracting Authority of Counties|Subchapter C. Competitive Bidding in General|Section 262.027. Awarding of Contract

Sec. 262.027.  AWARDING OF CONTRACT.  (a)  The officer in charge of opening the bids shall present them to the commissioners court in session.  Except as provided by Subsection (e), the court shall:(1)  award the contract to the responsible bidder who submits the lowest and best bid;  or(2)  reject all bids and publish a new notice.(b)  If two responsible bidders submit the lowest and best bid, the commissioners court shall decide between the two by drawing lots in a manner prescribed by the county judge.(c)  A contract may not be awarded to a bidder who is not the lowest dollar bidder meeting specifications unless, before the award, each lower bidder is given:(1)  notice of the proposed award; and(2)  an opportunity to appear before the commissioners court and present previously unconsidered evidence concerning the lower bid as best, which may include evidence of the bidder's responsibility.(d)  In determining the lowest and best bid for a contract for the purchase of earth-moving, material-handling, road maintenance, or construction equipment, the commissioners court may consider the information submitted under Section 262.0255.(e)  In determining the lowest and best bid for a contract for the purchase of road construction material, the commissioners court may consider the pickup and delivery locations of the bidders and the cost to the county of delivering or hauling the material to be purchased.  The commissioners court may award contracts for the purchase of road construction material to more than one bidder if each of the selected bidders submits the lowest and best bid for a particular location or type of material.(f)  Notwithstanding any other requirement of this section, the commissioners court may condition acceptance of a bid on compliance with a requirement for attendance at a mandatory pre-bid conference under Section 262.0256.(g)  If after the award the successful bidder fails to qualify for required bonds, or is otherwise unable to meet the requirements of the award, the commissioners court may award the contract to the next bidder in order of ranking as lowest and best bid.(h)  Before a contract is awarded, a bidder must give written notice to the officer authorized to open bids that the bidder intends to protest an award of the contract under Subsection (c). This subsection does not limit the ability of a bidder to speak at a public meeting of the commissioners court under rules established by the court.|Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1991, 72nd Leg., ch. 416, Sec. 2, eff. Sept. 1, 1991;  Acts 1993, 73rd Leg., ch. 127, Sec. 1, eff. May 11, 1993;  Acts 2001, 77th Leg., ch. 255, Sec. 2, eff. May 22, 2001.Amended by: Acts 2011, 82nd Leg., R.S., Ch. 285 (H.B. 1694), Sec. 10, eff. September 1, 2011.|