reglab/statecodes huggingface dataset:
2023 Texas Statutes › Local Government Code › Title 8 - Acquisition, Sale, or Lease of Property › Subtitle C - Acquisition, Sale, or Lease Provisions Applying to More Than One Type of Local Government › Chapter 271 - Purchasing and Contracting Authority of Municipalities, Counties, and Certain Other Local Governments › Subchapter C. Certificate of Obligation Act › Section 271.060. Change Orders

Sec. 271.060.  CHANGE ORDERS.  (a)  After performance of a construction contract begins, a governing body may approve change orders if necessary to:
(1)  make changes in plans or specifications;  or
(2)  decrease or increase the quantity of work to be performed or materials, equipment, or supplies to be furnished.
(b)  The total price of a contract may not be increased by a change order unless provision has been made for the payment of the added cost by the appropriation of current funds or bond funds for that purpose, by the authorization of the issuance of certificates, or by a combination of those procedures.
(c)  A contract with an original contract price of $1 million or more may not be increased by more than 25 percent.  If a change order for a contract with an original contract price of less than $1 million increases the contract amount to $1 million or more, subsequent change orders may not increase the revised contract amount by more than 25 percent.
(d)  A governing body may grant authority to an official or employee responsible for purchasing or for administering a contract to approve a change order that involves an increase or decrease of $50,000 or less.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 479 (H.B. 679), Sec. 2, eff. June 17, 2011.
Acts 2011, 82nd Leg., R.S., Ch. 1129 (H.B. 628), Sec. 2.11, eff. September 1, 2011.
Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093), Sec. 22.001(34), eff. September 1, 2013.
2023 Texas Statutes › Local Government Code › Title 8 - Acquisition, Sale, or Lease of Property › Subtitle C - Acquisition, Sale, or Lease Provisions Applying to More Than One Type of Local Government › Chapter 271 - Purchasing and Contracting Authority of Municipalities, Counties, and Certain Other Local Governments › Subchapter C. Certificate of Obligation Act › Section 271.061. Compensation on Unit Price Contracts

Sec. 271.061.  COMPENSATION ON UNIT PRICE CONTRACTS.  If a contract is let on a unit price basis, the compensation paid to the contractor must be based on the actual quantities of items constructed or supplied.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 8 - Acquisition, Sale, or Lease of Property › Subtitle C - Acquisition, Sale, or Lease Provisions Applying to More Than One Type of Local Government › Chapter 271 - Purchasing and Contracting Authority of Municipalities, Counties, and Certain Other Local Governments › Subchapter C. Certificate of Obligation Act › Section 271.062. Certain Contracts Not Required to Be in Writing

Sec. 271.062.  CERTAIN CONTRACTS NOT REQUIRED TO BE IN WRITING.  A contract executed under Section 271.054 or 271.056 is not required to be in writing if the work to be performed under the contract:
(1)  is legal services;
(2)  is to be done by the regular salaried employees of the issuer;  or
(3)  is to be paid for as the work progresses.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 8 - Acquisition, Sale, or Lease of Property › Subtitle C - Acquisition, Sale, or Lease Provisions Applying to More Than One Type of Local Government › Chapter 271 - Purchasing and Contracting Authority of Municipalities, Counties, and Certain Other Local Governments › Subchapter C. Certificate of Obligation Act › Section 271.063. Unconstitutional Procedure Corrected by Resolution of Issuer

Sec. 271.063.  UNCONSTITUTIONAL PROCEDURE CORRECTED BY RESOLUTION OF ISSUER.  If a procedure used under this subchapter is held to be in violation of the state or federal constitution, an issuer by resolution may provide an alternative procedure that conforms to the constitution.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 8 - Acquisition, Sale, or Lease of Property › Subtitle C - Acquisition, Sale, or Lease Provisions Applying to More Than One Type of Local Government › Chapter 271 - Purchasing and Contracting Authority of Municipalities, Counties, and Certain Other Local Governments › Subchapter C. Certificate of Obligation Act › Section 271.064. Criminal Penalties

Sec. 271.064.  CRIMINAL PENALTIES.  (a)  An officer or employee of an issuer 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 271.054.  An offense under this subsection is a Class B misdemeanor.
(b)  Repealed by Acts 2011, 82nd Leg., R.S., Ch. 285, Sec. 24, eff. September 1, 2011.
(c)  An officer or employee of an issuer commits an offense if the officer or employee intentionally or knowingly violates this subchapter, other than by conduct described by Subsection (a).  An offense under this subsection is a Class C misdemeanor.
Added by Acts 1989, 71st Leg., ch. 1250, Sec. 18, eff. Sept. 1, 1989.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 285 (H.B. 1694), Sec. 20, eff. September 1, 2011.
Acts 2011, 82nd Leg., R.S., Ch. 285 (H.B. 1694), Sec. 24, eff. September 1, 2011.
2023 Texas Statutes › Local Government Code › Title 8 - Acquisition, Sale, or Lease of Property › Subtitle C - Acquisition, Sale, or Lease Provisions Applying to More Than One Type of Local Government › Chapter 271 - Purchasing and Contracting Authority of Municipalities, Counties, and Certain Other Local Governments › Subchapter D. State Cooperation in Local Purchasing Programs › Section 271.081. Definition

Sec. 271.081.  DEFINITION.  In this subchapter, "local government" means a county, municipality, special district, school district, junior college district, a local workforce development board created under Section 2308.253, Government Code, or other legally constituted political subdivision of the state.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 2001, 77th Leg., ch. 1004, Sec. 4, eff. Sept. 1, 2001.
2023 Texas Statutes › Local Government Code › Title 8 - Acquisition, Sale, or Lease of Property › Subtitle C - Acquisition, Sale, or Lease Provisions Applying to More Than One Type of Local Government › Chapter 271 - Purchasing and Contracting Authority of Municipalities, Counties, and Certain Other Local Governments › Subchapter D. State Cooperation in Local Purchasing Programs › Section 271.082. Purchasing Program

Sec. 271.082.  PURCHASING PROGRAM.  (a)  The comptroller shall establish a program by which the comptroller performs purchasing services for local governments.  The services must include:
(1)  the extension of state contract prices to participating local governments when the comptroller considers it feasible;
(2)  solicitation of bids on items desired by local governments if the solicitation is considered feasible by the comptroller and is desired by the local government; and
(3)  provision of information and technical assistance to local governments about the purchasing program.
(b)  The comptroller may charge a participating local government an amount not to exceed the actual costs incurred by the comptroller in providing purchasing services to the local government under the program.
(c)  The comptroller may adopt rules and procedures necessary to administer the purchasing program.  Before adopting a rule under this subsection, the comptroller must conduct a public hearing regarding the proposed rule regardless of whether the requirements of Section 2001.029(b), Government Code, are met.
(d)  The comptroller may advertise in any available media or otherwise promote the purchasing program to further the purposes of this subchapter.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 937 (H.B. 3560), Sec. 1.103, eff. September 1, 2007.
Acts 2021, 87th Leg., R.S., Ch. 356 (S.B. 59), Sec. 1, eff. June 7, 2021.
2023 Texas Statutes › Local Government Code › Title 8 - Acquisition, Sale, or Lease of Property › Subtitle C - Acquisition, Sale, or Lease Provisions Applying to More Than One Type of Local Government › Chapter 271 - Purchasing and Contracting Authority of Municipalities, Counties, and Certain Other Local Governments › Subchapter D. State Cooperation in Local Purchasing Programs › Section 271.083. Local Government Participation

Sec. 271.083.  LOCAL GOVERNMENT PARTICIPATION.  (a)  A local government may participate in the purchasing program of the commission, including participation in purchases that use the reverse auction procedure, as defined by Section 2155.062(d), Government Code, by filing with the commission a resolution adopted by the governing body of the local government requesting that the local government be allowed to participate on a voluntary basis, and to the extent the commission deems feasible, and stating that the local government will:
(1)  designate an official to act for the local government in all matters relating to the program, including the purchase of items from the vendor under any contract, and that the governing body will direct the decisions of the representative;
(2)  be responsible for:
(A)  submitting requisitions to the commission under any contract;  or
(B)  electronically sending purchase orders directly to vendors, or complying with commission procedures governing a reverse auction purchase, and electronically sending to the commission reports on actual purchases made under this paragraph that provide the information and are sent at the times required by the commission;
(3)  be responsible for making payment directly to the vendor;  and
(4)  be responsible for the vendor's compliance with all conditions of delivery and quality of the purchased item.
(b)  A local government that purchases an item under a state contract or under a reverse auction procedure, as defined by Section 2155.062(d), Government Code, sponsored by the commission satisfies any state law requiring the local government to seek competitive bids for the purchase of the item.
(c)  Repealed by Acts 2009, 81st Leg., R.S., Ch. 393, Sec. 3.07(2), eff. September 1, 2009.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1991, 72nd Leg., ch. 428, Sec. 1, eff. Aug. 26, 1991;  Acts 1995, 74th Leg., ch. 746, Sec. 6, eff. Aug. 28, 1995;  Acts 1997, 75th Leg., ch. 494, Sec. 5, eff. Sept. 1, 1997;  Acts 2001, 77th Leg., ch. 436, Sec. 5, eff. May 28, 2001.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 393 (H.B. 1705), Sec. 3.07(2), eff. September 1, 2009.
2023 Texas Statutes › Local Government Code › Title 8 - Acquisition, Sale, or Lease of Property › Subtitle C - Acquisition, Sale, or Lease Provisions Applying to More Than One Type of Local Government › Chapter 271 - Purchasing and Contracting Authority of Municipalities, Counties, and Certain Other Local Governments › Subchapter E. State Intercept to Increase Credit Rating › Section 271.091. Definitions

Sec. 271.091.  DEFINITIONS.  In this subchapter:
(1)  "Local government" means a municipality, county, or hospital district of the State of Texas.
(2)  "Payment" means the local sales and use tax authorized by the Municipal Sales and Use Tax Act (Chapter 321, Tax Code), the County Sales and Use Tax Act (Chapter 323, Tax Code), and Subchapter E, Chapter 285, Health and Safety Code.
(3)  "Paying agent" means the financial institution that is designated by a local government as its agent for the payment of the principal of and interest on the obligation.
(4)  "Obligation" means bonds, notes, certificates of obligation, and other obligations authorized to be issued by the local government.
(5)  "Agreement" means the document referred to in Section 271.092 and Section 271.093.
(6)  "Board" means the Bond Review Board.
(7)  "Comptroller" means the comptroller of public accounts.
Added by Acts 1993, 73rd Leg., ch. 827, Sec. 1, eff. Aug. 30, 1993.  Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 8.299, eff. Sept. 1, 2001.
2023 Texas Statutes › Local Government Code › Title 8 - Acquisition, Sale, or Lease of Property › Subtitle C - Acquisition, Sale, or Lease Provisions Applying to More Than One Type of Local Government › Chapter 271 - Purchasing and Contracting Authority of Municipalities, Counties, and Certain Other Local Governments › Subchapter E. State Intercept to Increase Credit Rating › Section 271.092. Agreement With Texas Bond Review Board and Comptroller

Sec. 271.092.  AGREEMENT WITH TEXAS BOND REVIEW BOARD AND COMPTROLLER.  Prior to the issuance of any obligation, the governing body of any local government may notify the board of the proposed issuance of an obligation and enter into an agreement with the board to authorize and direct the comptroller to withhold from such local government sufficient money from any payment to which such local government may be entitled and apply so much as shall be necessary to pay the principal of and interest on such obligation then due and to continue withholding additional payments until an amount sufficient to satisfy the amount then due has been met.
Added by Acts 1993, 73rd Leg., ch. 827, Sec. 1, eff. Aug. 30, 1993.
2023 Texas Statutes › Local Government Code › Title 8 - Acquisition, Sale, or Lease of Property › Subtitle C - Acquisition, Sale, or Lease Provisions Applying to More Than One Type of Local Government › Chapter 271 - Purchasing and Contracting Authority of Municipalities, Counties, and Certain Other Local Governments › Subchapter E. State Intercept to Increase Credit Rating › Section 271.093. Form of Agreement; Conditions

Sec. 271.093.  FORM OF AGREEMENT;  CONDITIONS.  (a)  The agreement shall set forth the following:
(1)  the proposed date of issuance of the obligation and the name and series of the proposed obligation;
(2)  each payment date with respect to the obligation and the principal of and interest on the obligation coming due on each such date;  and
(3)  the name and address of the financial institution serving as paying agent for the obligation to whom any payment by the comptroller should be made.
(b)  This subchapter does not require or permit the state to make an appropriation to any local government and shall not be construed as creating an indebtedness of the state.  Any agreement made pursuant to this subchapter shall contain a statement to that effect.
(c)  The agreement terminates at the time the final payment of the principal of and interest on the obligation is made or the obligation is refunded.
Added by Acts 1993, 73rd Leg., ch. 827, Sec. 1, eff. Aug. 30, 1993.
2023 Texas Statutes › Local Government Code › Title 8 - Acquisition, Sale, or Lease of Property › Subtitle C - Acquisition, Sale, or Lease Provisions Applying to More Than One Type of Local Government › Chapter 271 - Purchasing and Contracting Authority of Municipalities, Counties, and Certain Other Local Governments › Subchapter E. State Intercept to Increase Credit Rating › Section 271.094. Notice, Deposit of Debt Service, Authorization, and Transmittal

Sec. 271.094.  NOTICE, DEPOSIT OF DEBT SERVICE, AUTHORIZATION, AND TRANSMITTAL.  (a)  If a local government enters into an agreement with the board under Section 271.092, the board on notification from the local government, the custodian bank, or the paying agent for the local government that the local government is unable or has failed to pay amounts as required by the agreement or to pay principal of or interest on the obligation when due, shall notify the comptroller, who shall withhold sufficient money from any payment to which such local government may be entitled and apply so much thereof as shall be necessary to pay the amounts then due as provided in this section.
(b)  The local government may in the agreement agree to make monthly deposits of one-sixth of the semiannual debt service requirement, or such other amount at such other times as specified in the agreement, into an interest and sinking fund in a custodian bank.  If a bank agrees to serve as custodian for the interest and sinking fund, it shall be the duty of the bank to notify the board if the agreed upon amount of funds is not deposited each month or other specified time on a timely basis as specified in the agreement.
(c)  On receiving notification and direction from the board, the comptroller is authorized to withhold from any payment an amount equal to the amount to have been deposited by the local government pursuant to the agreement.  The comptroller shall continue to withhold payments until the required amounts have been deposited in the interest and sinking fund with the custodian bank or with the paying agent.  If the required amounts have not been deposited at the time interest on or principal of the obligation of the local government is required to be deposited pursuant to the agreement, the comptroller shall transmit, from payments withheld, the appropriate amount to the custodian bank or to the paying agent, as directed by the board.
(d)  The board shall cause a copy of any notice given pursuant to this section to be promptly given to the local government.
Added by Acts 1993, 73rd Leg., ch. 827, Sec. 1, eff. Aug. 30, 1993.
2023 Texas Statutes › Local Government Code › Title 8 - Acquisition, Sale, or Lease of Property › Subtitle C - Acquisition, Sale, or Lease Provisions Applying to More Than One Type of Local Government › Chapter 271 - Purchasing and Contracting Authority of Municipalities, Counties, and Certain Other Local Governments › Subchapter E. State Intercept to Increase Credit Rating › Section 271.095. Right to Pledge Payments

Sec. 271.095.  RIGHT TO PLEDGE PAYMENTS.  (a)  The local government may pledge payments to secure any obligation only if the amount of payments received by the local government in the fiscal year of the state preceding the proposed issuance equals or exceeds the amount required in each year to pay the sum of an amount equal to two times (i) the maximum annual principal and interest requirements for the obligation, and (ii) the maximum annual principal and interest requirements on any additional obligation for which payments have been pledged.  The local government shall provide evidence that these requirements are met.
(b)  A pledge of payments pursuant to this subchapter is a first priority for application of payments and the comptroller shall apply such payments as provided by this subchapter prior to applying such payments pursuant to any other authorization to withhold or intercept such payments.
(c)  While obligations which are the subject of an agreement remain outstanding, the local government may not repeal the sales tax or reduce the rate of the sales tax below the rate that would provide the amount required by Subsection (a), except as provided by this subsection.  If at an election duly held in accordance with law a majority of the qualified voters approve the repeal of the sales tax, the local government shall, at the earliest practicable time, refund or defease the obligations, and after such defeasance or refunding the repeal shall become effective in accordance with law.  If the qualified voters vote to reduce the rate of the sales tax, if such is provided for by law, below that which is required to provide the amount required by Subsection (a), the local government shall, at the earliest practicable time, refund or defease the obligations, and after such defeasance or refunding the reduction in rate shall become effective in accordance with law.
Added by Acts 1993, 73rd Leg., ch. 827, Sec. 1, eff. Aug. 30, 1993.
2023 Texas Statutes › Local Government Code › Title 8 - Acquisition, Sale, or Lease of Property › Subtitle C - Acquisition, Sale, or Lease Provisions Applying to More Than One Type of Local Government › Chapter 271 - Purchasing and Contracting Authority of Municipalities, Counties, and Certain Other Local Governments › Subchapter E. State Intercept to Increase Credit Rating › Section 271.096. Administration, Rules, Fees

Sec. 271.096.  ADMINISTRATION, RULES, FEES.  The board shall administer the implementation of this subchapter and may adopt rules and set fees necessary for its administration.
Added by Acts 1993, 73rd Leg., ch. 827, Sec. 1, eff. Aug. 30, 1993.
2023 Texas Statutes › Local Government Code › Title 8 - Acquisition, Sale, or Lease of Property › Subtitle C - Acquisition, Sale, or Lease Provisions Applying to More Than One Type of Local Government › Chapter 271 - Purchasing and Contracting Authority of Municipalities, Counties, and Certain Other Local Governments › Subchapter F. Cooperative Purchasing Program › Section 271.101. Definitions

Sec. 271.101.  DEFINITIONS.  In this subchapter:
(1)  "Local cooperative organization" means an organization of governments established to provide local governments access to contracts with vendors for the purchase of materials, supplies, services, or equipment.
(2)  "Local government" means a county, municipality, special district, school district, junior college district, regional planning commission, or other political subdivision of the state.
Added by Acts 1995, 74th Leg., ch. 746, Sec. 7, eff. Aug. 28, 1995.
2023 Texas Statutes › Local Government Code › Title 8 - Acquisition, Sale, or Lease of Property › Subtitle C - Acquisition, Sale, or Lease Provisions Applying to More Than One Type of Local Government › Chapter 271 - Purchasing and Contracting Authority of Municipalities, Counties, and Certain Other Local Governments › Subchapter F. Cooperative Purchasing Program › Section 271.102. Cooperative Purchasing Program Participation

Sec. 271.102.  COOPERATIVE PURCHASING PROGRAM PARTICIPATION.  (a)  A local government may participate in a cooperative purchasing program with another local government of this state or another state or with a local cooperative organization of this state or another state.
(b)  A local government that is participating in a cooperative purchasing program may sign an agreement with another participating local government or a local cooperative organization stating that the signing local government will:
(1)  designate a person to act under the direction of, and on behalf of, that local government in all matters relating to the program;
(2)  make payments to another participating local government or a local cooperative organization or directly to a vendor under a contract made under this subchapter, as provided in the agreement between the participating local governments or between a local government and a local cooperative organization;  and
(3)  be responsible for a vendor's compliance with provisions relating to the quality of items and terms of delivery, to the extent provided in the agreement between the participating local governments or between a local government and a local cooperative organization.
(c)  A local government that purchases goods or services under this subchapter satisfies any state law requiring the local government to seek competitive bids for the purchase of the goods or services.
Added by Acts 1995, 74th Leg., ch. 746, Sec. 7, eff. Aug. 28, 1995.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 261 (S.B. 1281), Sec. 1, eff. May 29, 2015.
2023 Texas Statutes › Local Government Code › Title 8 - Acquisition, Sale, or Lease of Property › Subtitle C - Acquisition, Sale, or Lease Provisions Applying to More Than One Type of Local Government › Chapter 271 - Purchasing and Contracting Authority of Municipalities, Counties, and Certain Other Local Governments › Subchapter G. Purchases From Federal Schedule Sources of Supply › Section 271.103. Federal Supply Schedule Sources

Sec. 271.103.  FEDERAL SUPPLY SCHEDULE SOURCES.  (a)  A local government may purchase goods or services available under Federal supply schedules of the United States General Services Administration to the extent permitted by federal law.
(b)  A local government that purchases goods or services under this subchapter satisfies any state law requiring the local government to seek competitive bids for the purchase of the goods or services.
Added by Acts 1997, 75th Leg., ch. 826, Sec. 2, eff. June 18, 1997.
2023 Texas Statutes › Local Government Code › Title 8 - Acquisition, Sale, or Lease of Property › Subtitle C - Acquisition, Sale, or Lease Provisions Applying to More Than One Type of Local Government › Chapter 271 - Purchasing and Contracting Authority of Municipalities, Counties, and Certain Other Local Governments › Subchapter I. Adjudication of Claims Arising Under Written › Section 271.151. Definitions

Sec. 271.151.  DEFINITIONS.  In this subchapter:
(1)  "Adjudication" of a claim means the bringing of a civil suit and prosecution to final judgment in county or state court and includes the bringing of an authorized arbitration proceeding and prosecution to final resolution in accordance with any mandatory procedures established in the contract subject to this subchapter for the arbitration proceedings.
(2)  "Contract subject to this subchapter" means:
(A)  a written contract stating the essential terms of the agreement for providing goods or services to the local governmental entity that is properly executed on behalf of the local governmental entity; or
(B)  a written contract, including a right of first  refusal, regarding the sale or delivery of not less than 1,000 acre-feet of reclaimed water by a local governmental entity intended for industrial use.
(3)  "Local governmental entity" means a political subdivision of this state, other than a county or a unit of state government, as that term is defined by Section 2260.001, Government Code, including a:
(A)  municipality;
(B)  public school district and junior college district; and
(C)  special-purpose district or authority, including any levee improvement district, drainage district, irrigation district, water improvement district, water control and improvement district, water control and preservation district, freshwater supply district, navigation district, conservation and reclamation district, soil conservation district, communication district, public health district, emergency service organization, and river authority.
Added by Acts 2005, 79th Leg., Ch. 604 (H.B. 2039), Sec. 1, eff. September 1, 2005.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 1138 (H.B. 3511), Sec. 2, eff. June 14, 2013.
2023 Texas Statutes › Local Government Code › Title 8 - Acquisition, Sale, or Lease of Property › Subtitle C - Acquisition, Sale, or Lease Provisions Applying to More Than One Type of Local Government › Chapter 271 - Purchasing and Contracting Authority of Municipalities, Counties, and Certain Other Local Governments › Subchapter I. Adjudication of Claims Arising Under Written › Section 271.152. Waiver of Immunity to Suit for Certain Claims

Sec. 271.152.  WAIVER OF IMMUNITY TO SUIT FOR CERTAIN CLAIMS.  A local governmental entity that is authorized by statute or the constitution to enter into a contract and that enters into a contract subject to this subchapter waives sovereign immunity to suit for the purpose of adjudicating a claim for breach of the contract, subject to the terms and conditions of this subchapter.
Added by Acts 2005, 79th Leg., Ch. 604 (H.B. 2039), Sec. 1, eff. September 1, 2005.
2023 Texas Statutes › Local Government Code › Title 8 - Acquisition, Sale, or Lease of Property › Subtitle C - Acquisition, Sale, or Lease Provisions Applying to More Than One Type of Local Government › Chapter 271 - Purchasing and Contracting Authority of Municipalities, Counties, and Certain Other Local Governments › Subchapter I. Adjudication of Claims Arising Under Written › Section 271.153. Limitations on Adjudication Awards

Sec. 271.153.  LIMITATIONS ON ADJUDICATION AWARDS.  (a)  Except as provided by Subsection (c), the total amount of money awarded in an adjudication brought against a local governmental entity for breach of a contract subject to this subchapter is limited to the following:
(1)  the balance due and owed by the local governmental entity 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 the contractor is directed to perform by a local governmental entity in connection with the contract;
(3)  reasonable and necessary attorney's fees that are equitable and just; and
(4)  interest as allowed by law, including interest as calculated under Chapter 2251, Government Code.
(b)  Damages awarded in an adjudication brought against a local governmental entity arising under a contract subject to this subchapter may not include:
(1)  consequential damages, except as expressly allowed under Subsection (a)(1);
(2)  exemplary damages; or
(3)  damages for unabsorbed home office overhead.
(c)  Actual damages, specific performance, or injunctive relief may be granted in an adjudication brought against a local governmental entity for breach of a contract described by Section 271.151(2)(B).
Added by Acts 2005, 79th Leg., Ch. 604 (H.B. 2039), Sec. 1, eff. September 1, 2005.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 1266 (H.B. 987), Sec. 8, eff. June 19, 2009.
Acts 2011, 82nd Leg., R.S., Ch. 226 (H.B. 345), Sec. 1, eff. September 1, 2011.
Acts 2013, 83rd Leg., R.S., Ch. 1138 (H.B. 3511), Sec. 3, eff. June 14, 2013.
2023 Texas Statutes › Local Government Code › Title 8 - Acquisition, Sale, or Lease of Property › Subtitle C - Acquisition, Sale, or Lease Provisions Applying to More Than One Type of Local Government › Chapter 271 - Purchasing and Contracting Authority of Municipalities, Counties, and Certain Other Local Governments › Subchapter I. Adjudication of Claims Arising Under Written › Section 271.154. Contractual Adjudication Procedures Enforceable

Sec. 271.154.  CONTRACTUAL ADJUDICATION PROCEDURES ENFORCEABLE.  Adjudication procedures, including requirements for serving notices or engaging in alternative dispute resolution proceedings before bringing a suit or an arbitration proceeding, that are stated in the contract subject to this subchapter or that are established by the local governmental entity and expressly incorporated into the contract or incorporated by reference are enforceable except to the extent those procedures conflict with the terms of this subchapter.
Added by Acts 2005, 79th Leg., Ch. 604 (H.B. 2039), Sec. 1, eff. September 1, 2005.
2023 Texas Statutes › Local Government Code › Title 8 - Acquisition, Sale, or Lease of Property › Subtitle C - Acquisition, Sale, or Lease Provisions Applying to More Than One Type of Local Government › Chapter 271 - Purchasing and Contracting Authority of Municipalities, Counties, and Certain Other Local Governments › Subchapter I. Adjudication of Claims Arising Under Written › Section 271.155. No Waiver of Other Defenses

Sec. 271.155.  NO WAIVER OF OTHER DEFENSES.  This subchapter 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.
Added by Acts 2005, 79th Leg., Ch. 604 (H.B. 2039), Sec. 1, eff. September 1, 2005.
2023 Texas Statutes › Local Government Code › Title 8 - Acquisition, Sale, or Lease of Property › Subtitle C - Acquisition, Sale, or Lease Provisions Applying to More Than One Type of Local Government › Chapter 271 - Purchasing and Contracting Authority of Municipalities, Counties, and Certain Other Local Governments › Subchapter I. Adjudication of Claims Arising Under Written › Section 271.156. No Waiver of Immunity to Suit in Federal Court

Sec. 271.156.  NO WAIVER OF IMMUNITY TO SUIT IN FEDERAL COURT.  This subchapter does not waive sovereign immunity to suit in federal court.
Added by Acts 2005, 79th Leg., Ch. 604 (H.B. 2039), Sec. 1, eff. September 1, 2005.
2023 Texas Statutes › Local Government Code › Title 8 - Acquisition, Sale, or Lease of Property › Subtitle C - Acquisition, Sale, or Lease Provisions Applying to More Than One Type of Local Government › Chapter 271 - Purchasing and Contracting Authority of Municipalities, Counties, and Certain Other Local Governments › Subchapter I. Adjudication of Claims Arising Under Written › Section 271.157. No Waiver of Immunity to Suit for Tort Liability

Sec. 271.157.  NO WAIVER OF IMMUNITY TO SUIT FOR TORT LIABILITY.  This subchapter does not waive sovereign immunity to suit for a cause of action for a negligent or intentional tort.
Added by Acts 2005, 79th Leg., Ch. 604 (H.B. 2039), Sec. 1, eff. September 1, 2005.
2023 Texas Statutes › Local Government Code › Title 8 - Acquisition, Sale, or Lease of Property › Subtitle C - Acquisition, Sale, or Lease Provisions Applying to More Than One Type of Local Government › Chapter 271 - Purchasing and Contracting Authority of Municipalities, Counties, and Certain Other Local Governments › Subchapter I. Adjudication of Claims Arising Under Written › Section 271.158. No Grant of Immunity to Suit

Sec. 271.158.  NO GRANT OF IMMUNITY TO SUIT.  Nothing in this subchapter shall constitute a grant of immunity to suit to a local governmental entity.
Added by Acts 2005, 79th Leg., Ch. 604 (H.B. 2039), Sec. 1, eff. September 1, 2005.
2023 Texas Statutes › Local Government Code › Title 8 - Acquisition, Sale, or Lease of Property › Subtitle C - Acquisition, Sale, or Lease Provisions Applying to More Than One Type of Local Government › Chapter 271 - Purchasing and Contracting Authority of Municipalities, Counties, and Certain Other Local Governments › Subchapter I. Adjudication of Claims Arising Under Written › Section 271.160. Joint Enterprise

Sec. 271.160.  JOINT ENTERPRISE.  A contract entered into by a local government entity is not a joint enterprise for liability purposes.
Added by Acts 2005, 79th Leg., Ch. 604 (H.B. 2039), Sec. 1, eff. September 1, 2005.
2023 Texas Statutes › Local Government Code › Title 8 - Acquisition, Sale, or Lease of Property › Subtitle C - Acquisition, Sale, or Lease Provisions Applying to More Than One Type of Local Government › Chapter 271 - Purchasing and Contracting Authority of Municipalities, Counties, and Certain Other Local Governments › Subchapter J. Design-Build Procedures for Certain Civil Works Projects › Section 271.181. Definitions

Sec. 271.181.  DEFINITIONS.  In this subchapter:
Without reference to the amendment of this subdivision, this subchapter was repealed by Acts 2011, 82nd Leg., R.S., Ch. 1129 (H.B. 628), Sec. 5.01(3), eff. September 1, 2011
(2)  "Civil works project" means:
(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.
(6)  "Local governmental entity" means a 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.
Added by Acts 2007, 80th Leg., R.S., Ch. 1213 (H.B. 1886), Sec. 6, eff. September 1, 2007.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 285 (H.B. 1694), Sec. 21, eff. September 1, 2011.
Acts 2011, 82nd Leg., R.S., Ch. 1027 (H.B. 2770), Sec. 1, eff. June 17, 2011.
Acts 2011, 82nd Leg., R.S., Ch. 1129 (H.B. 628), Sec. 5.01(3), eff. September 1, 2011.
Without reference to the amendment of this section, this subchapter was repealed by Acts 2011, 82nd Leg., R.S., Ch. 1129 (H.B. 628), Sec. 5.01(3) effective September 1, 2011
2023 Texas Statutes › Local Government Code › Title 8 - Acquisition, Sale, or Lease of Property › Subtitle C - Acquisition, Sale, or Lease Provisions Applying to More Than One Type of Local Government › Chapter 271 - Purchasing and Contracting Authority of Municipalities, Counties, and Certain Other Local Governments › Subchapter J. Design-Build Procedures for Certain Civil Works Projects › Section 271.182. Applicability

Sec. 271.182.  APPLICABILITY.  (a) This subchapter applies to:
(1)  a local governmental entity with a population of more than 100,000 within its geographic boundaries or service area;
(2)  a board of trustees under Chapter 54, Transportation Code; and
(3)  a municipally owned combined electric, water, and wastewater utility situated in an economically distressed area and located within 30 miles of the Lower Texas Gulf Coast.
Text of subsection as amended by Acts 2011, 82nd Leg., R.S., Ch. 1027 (H.B. 2770), Sec. 2, eff. June 17, 2011
(b)  For purposes of Subsection (a), "combined" means that the utilities are managed and controlled by one board whose members are appointed by the governing body of the municipality and that the financing of capital improvements is secured from the revenue of all three utilities.
Text of subsection as amended by Acts 2011, 82nd Leg., R.S., Ch. 285 (H.B. 1694), Sec. 22, eff. September 1, 2011
(b)  For purposes of Subsection (a)(3), "combined" means that the utilities are managed and controlled by one board whose members are appointed by the governing body of the municipality and that the financing of capital improvements is secured from the revenue of all three utilities.
Added by Acts 2007, 80th Leg., R.S., Ch. 1213 (H.B. 1886), Sec. 6, eff. September 1, 2007.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 135 (S.B. 1047), Sec. 1, eff. May 23, 2009.
Acts 2009, 81st Leg., R.S., Ch. 725 (S.B. 229), Sec. 1, eff. June 19, 2009.
Reenacted and amended by Acts 2011, 82nd Leg., R.S., Ch. 285 (H.B. 1694), Sec. 22, eff. September 1, 2011.
Reenacted and amended by Acts 2011, 82nd Leg., R.S., Ch. 1027 (H.B. 2770), Sec. 2, eff. June 17, 2011.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1129 (H.B. 628), Sec. 5.01(3), eff. September 1, 2011.
Without reference to the amendment of this section, this subchapter was repealed by Acts 2011, 82nd Leg., R.S., Ch. 1129 (H.B. 628), Sec. 5.01(3) effective September 1, 2011
2023 Texas Statutes › Local Government Code › Title 8 - Acquisition, Sale, or Lease of Property › Subtitle C - Acquisition, Sale, or Lease Provisions Applying to More Than One Type of Local Government › Chapter 271 - Purchasing and Contracting Authority of Municipalities, Counties, and Certain Other Local Governments › Subchapter Z. Miscellaneous Provisions › Section 271.901. Procedure for Awarding Contract if Municipality or District Receives Identical Bids

Sec. 271.901.  PROCEDURE FOR AWARDING CONTRACT IF MUNICIPALITY OR DISTRICT RECEIVES IDENTICAL BIDS.  (a)  If a municipality or district is required to accept bids on a contract and receives two or more bids from responsible bidders that are identical, in nature and amount, as the lowest and best bids, the governing body of the municipality or district shall enter into a contract with only one of those bidders and must reject all other bids.
(b)  If only one of the bidders submitting identical bids is a resident of the municipality or district, the municipality or district must select that bidder.  If two or more of the bidders submitting identical bids are residents of the municipality or district, the municipality or district must select one of those bidders by the casting of lots.  In all other cases, the municipality or district must select from the identical bids by the casting of lots.
(c)  The casting of lots must be in a manner prescribed by the mayor of the municipality or the governing body of the district and must be conducted in the presence of the governing body of the municipality or district.  All qualified bidders or their legal representatives may be present at the casting of lots.
(d)  This section does not prohibit a municipality or district from rejecting all bids.
(e)  This section applies to all municipalities and districts required by general or special law or by municipal ordinance or charter to accept bids and award contracts on the basis of the lowest and best bid, but does not apply to bidding for contracts to act as a depository for public funds or as a depository for school funds under Subchapter G, Chapter 45, Education Code.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1989, 71st Leg., ch. 1, Sec. 62(a), eff. Aug. 28, 1989;  Acts 1997, 75th Leg., ch. 165, Sec. 6.71, eff. Sept. 1, 1997.
2023 Texas Statutes › Local Government Code › Title 8 - Acquisition, Sale, or Lease of Property › Subtitle C - Acquisition, Sale, or Lease Provisions Applying to More Than One Type of Local Government › Chapter 271 - Purchasing and Contracting Authority of Municipalities, Counties, and Certain Other Local Governments › Subchapter Z. Miscellaneous Provisions › Section 271.902. Prohibition of Conflict of Interest in Purchase by Municipality or County From Cooperative Associations

Sec. 271.902.  PROHIBITION OF CONFLICT OF INTEREST IN PURCHASE BY MUNICIPALITY OR COUNTY FROM COOPERATIVE ASSOCIATIONS.  If a member of the governing body or an appointed board or commission of a municipality or county belongs to a cooperative association, the municipality or county may purchase equipment or supplies from the association only if no member of the governing body, board, or commission will receive a pecuniary benefit from the purchase, other than as reflected in an increase in dividends distributed generally to members of the association.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 8 - Acquisition, Sale, or Lease of Property › Subtitle C - Acquisition, Sale, or Lease Provisions Applying to More Than One Type of Local Government › Chapter 271 - Purchasing and Contracting Authority of Municipalities, Counties, and Certain Other Local Governments › Subchapter Z. Miscellaneous Provisions › Section 271.903. Commitment of Current Revenue

Sec. 271.903.  COMMITMENT OF CURRENT REVENUE.  (a)  If a contract for the acquisition, including lease, of real or personal property retains to the governing body of a local government the continuing right to terminate at the expiration of each budget period of the local government during the term of the contract, is conditioned on a best efforts attempt by the governing body to obtain and appropriate funds for payment of the contract, or contains both the continuing right to terminate and the best efforts conditions, the contract is a commitment of the local government's current revenues only.
(b)  In this section, "local government" means a municipality, county, school district, special purpose district or authority, or other political subdivision of this state.
Added by Acts 1993, 73rd Leg., ch. 104, Sec. 2, eff. May 7, 1993.
2023 Texas Statutes › Local Government Code › Title 8 - Acquisition, Sale, or Lease of Property › Subtitle C - Acquisition, Sale, or Lease Provisions Applying to More Than One Type of Local Government › Chapter 271 - Purchasing and Contracting Authority of Municipalities, Counties, and Certain Other Local Governments › Subchapter Z. Miscellaneous Provisions › Section 271.905. Consideration of Location of Bidder's Principal Place of Business

Sec. 271.905.  CONSIDERATION OF LOCATION OF BIDDER'S PRINCIPAL PLACE OF BUSINESS.  (a)  In this section, "local government" means a municipality, a county, or another political subdivision authorized under this title to purchase real property or personal property that is not affixed to real property.  The term does not include a school district.
(b)  In purchasing under this title any real property or personal property that is not affixed to real property, if a local government receives one or more bids from a bidder whose principal place of business is in the local government and whose bid is within three percent of the lowest bid price received by the local government from a bidder who is not a resident of the local government, the local government may enter into a contract with:
(1)  the lowest bidder;  or
(2)  the bidder whose principal place of business is in the local government if the governing body of the local government determines, in writing, that the local bidder offers the local government the best combination of contract price and additional economic development opportunities for the local government created by the contract award, including the employment of residents of the local government and increased tax revenues to the local government.
(c)  This section does not prohibit a local government from rejecting all bids.
Added by Acts 1999, 76th Leg., ch. 996, Sec. 1, eff. Aug. 30, 1999.  Amended by Acts 2001, 77th Leg., ch. 480, Sec. 1, eff. Sept. 1, 2001.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 513 (H.B. 1869), Sec. 1, eff. June 17, 2011.
2023 Texas Statutes › Local Government Code › Title 8 - Acquisition, Sale, or Lease of Property › Subtitle C - Acquisition, Sale, or Lease Provisions Applying to More Than One Type of Local Government › Chapter 271 - Purchasing and Contracting Authority of Municipalities, Counties, and Certain Other Local Governments › Subchapter Z. Miscellaneous Provisions › Section 271.9051. Consideration of Location of Bidder's Principal Place of Business in Certain Municipalities

Sec. 271.9051.  CONSIDERATION OF LOCATION OF BIDDER'S PRINCIPAL PLACE OF BUSINESS IN CERTAIN MUNICIPALITIES.  (a)  This section applies only to a municipality that is authorized under this title to purchase real property or personal property that is not affixed to real property.
(b)  In purchasing under this title any real property, personal property that is not affixed to real property, or services, if a municipality receives one or more competitive sealed bids from a bidder whose principal place of business is in the municipality and whose bid is within five percent of the lowest bid price received by the municipality from a bidder who is not a resident of the municipality, the municipality may enter into a contract for construction services in an amount of less than $100,000 or a contract for other purchases in an amount of less than $500,000 with:
(1)  the lowest bidder; or
(2)  the bidder whose principal place of business is in the municipality if the governing body of the municipality determines, in writing, that the local bidder offers the municipality the best combination of contract price and additional economic development opportunities for the municipality created by the contract award, including the employment of residents of the municipality and increased tax revenues to the municipality.
(c)  This section does not prohibit a municipality from rejecting all bids.
(d)  This section does not apply to the purchase of telecommunications services or information services, as those terms are defined by 47 U.S.C. Section 153.
Added by Acts 2005, 79th Leg., Ch. 1205 (H.B. 664), Sec. 1, eff. September 1, 2005.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 660 (H.B. 2082), Sec. 1, eff. June 19, 2009.
Acts 2009, 81st Leg., R.S., Ch. 1266 (H.B. 987), Sec. 9, eff. June 19, 2009.
Acts 2011, 82nd Leg., R.S., Ch. 513 (H.B. 1869), Sec. 2, eff. June 17, 2011.
Acts 2011, 82nd Leg., R.S., Ch. 1129 (H.B. 628), Sec. 2.12, eff. September 1, 2011.