reglab/statecodes huggingface dataset:
2023 Texas Statutes › Local Government Code › Title 7 - Regulation of Land Use, Structures, Businesses, and Related Activities › Subtitle C - Regulatory Authority Applying to More Than One Type of Local Government › Chapter 250 - Miscellaneous Regulatory Authority › Section 250.001. Restriction on Regulation of Sport Shooting Ranges

Sec. 250.001.  RESTRICTION ON REGULATION OF SPORT SHOOTING RANGES.  (a)  In this section:
(1)  "Association" or "private club" means an association or private club that operates a sport shooting range at which not fewer than 20 different individuals discharge firearms each calendar year.
(2)  "Sport shooting range" means a business establishment, private club, or association that operates an area for the discharge or other use of firearms for silhouette, skeet, trap, black powder, target, self-defense, or similar recreational shooting.
(b)  A governmental official may not seek a civil or criminal penalty against a sport shooting range or its owner or operator based on the violation of a municipal or county ordinance, order, or rule regulating noise:
(1)  if the sport shooting range is in compliance with the applicable ordinance, order, or rule;  or
(2)  if no applicable noise ordinance, order, or rule exists.
(c)  A person may not bring a nuisance or similar cause of action against a sport shooting range based on noise:
(1)  if the sport shooting range is in compliance with all applicable municipal and county ordinances, orders, and rules regulating noise;  or
(2)  if no applicable noise ordinance, order, or rule exists.
Added by Acts 1991, 72nd Leg., ch. 145, Sec. 1, eff. Aug. 26, 1991.  Amended by Acts 2001, 77th Leg., ch. 1050, Sec. 1, eff. Sept. 1, 2001.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 624 (S.B. 766), Sec. 7, eff. September 1, 2011.
2023 Texas Statutes › Local Government Code › Title 7 - Regulation of Land Use, Structures, Businesses, and Related Activities › Subtitle C - Regulatory Authority Applying to More Than One Type of Local Government › Chapter 250 - Miscellaneous Regulatory Authority › Section 250.002. Regulation of Amateur Radio Antennas

Sec. 250.002.  REGULATION OF AMATEUR RADIO ANTENNAS.  (a)  A municipality or county may not enact or enforce an ordinance or order that does not comply with the ruling of the Federal Communications Commission in "Amateur Radio Preemption, 101 FCC 2nd 952 (1985)" or a regulation related to amateur radio service adopted under 47 C.F.R. Part 97.
(b)  If a municipality or county adopts an ordinance or order involving the placement, screening, or height of an amateur radio antenna based on health, safety, or aesthetic conditions, the ordinance or order must:
(1)  reasonably accommodate amateur communications;  and
(2)  represent the minimal practicable regulation to accomplish the municipality's or county's legitimate purpose.
(c)  This section does not prohibit a municipality or county from taking any action to protect or preserve a historic, historical, or architectural district that is established by the municipality or county or under state or federal law.
Added by Acts 1999, 76th Leg., ch. 68, Sec. 1, eff. May 10, 1999.
2023 Texas Statutes › Local Government Code › Title 7 - Regulation of Land Use, Structures, Businesses, and Related Activities › Subtitle C - Regulatory Authority Applying to More Than One Type of Local Government › Chapter 250 - Miscellaneous Regulatory Authority › Section 250.003. Personal Liability of Nonowners

Sec. 250.003.  PERSONAL LIABILITY OF NONOWNERS.  (a)  An individual who is an employee of the owner of real property for which a citation for a violation of a county or municipal rule or ordinance is issued, or of a company that manages the property on behalf of the property owner, is not personally liable for criminal or civil penalties resulting from the violation if, not later than the fifth calendar day after the date the citation is issued, the individual provides the property owner's name, current street address, and telephone number to the enforcement official who issues the citation or the official's superior.
(b)  This section applies only to a citation for a violation connected with real property for which a political subdivision has issued a certificate of occupancy or a certificate of completion with respect to the construction of improvements on the property.  This section does not prohibit a municipality or county from issuing to an employee or contractor of the property owner or management company a citation relating to the construction or development of the property.
Added by Acts 2005, 79th Leg., Ch. 1344 (S.B. 399), Sec. 2, eff. June 18, 2005.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 841 (S.B. 1945), Sec. 1, eff. January 1, 2010.
2023 Texas Statutes › Local Government Code › Title 7 - Regulation of Land Use, Structures, Businesses, and Related Activities › Subtitle C - Regulatory Authority Applying to More Than One Type of Local Government › Chapter 250 - Miscellaneous Regulatory Authority › Section 250.004. Agent for Service; Notice of Citation

Sec. 250.004.  AGENT FOR SERVICE; NOTICE OF CITATION.  (a)  The employee of the owner or management company to whom a citation described by Section 250.003 is issued is considered the owner's agent for accepting service of the citation for the violation of the county or municipal rule or ordinance.  Service of the citation on the agent has the same legal effect as service on the owner for the purpose of fines against the owner or the property, including a warrant or capias.
(b)  The county or municipality issuing the citation shall mail notice of the citation to the property owner at the address most recently provided to the county or municipality by the property owner or by the employee of the owner or management company under Section 250.003(a).  This subsection does not require a county or municipality to mail notice using a service that provides delivery confirmation.
Added by Acts 2005, 79th Leg., Ch. 1344 (S.B. 399), Sec. 2, eff. June 18, 2005.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 841 (S.B. 1945), Sec. 2, eff. January 1, 2010.
2023 Texas Statutes › Local Government Code › Title 7 - Regulation of Land Use, Structures, Businesses, and Related Activities › Subtitle C - Regulatory Authority Applying to More Than One Type of Local Government › Chapter 250 - Miscellaneous Regulatory Authority › Section 250.005. Other Remedies Unaffected

Sec. 250.005.  OTHER REMEDIES UNAFFECTED.  Sections 250.003 and 250.004 do not limit the availability of remedies against a real property owner or real property otherwise provided by law, including fines, closure, injunction, and mandamus.
Added by Acts 2005, 79th Leg., Ch. 1344 (S.B. 399), Sec. 2, eff. June 18, 2005.
2023 Texas Statutes › Local Government Code › Title 7 - Regulation of Land Use, Structures, Businesses, and Related Activities › Subtitle C - Regulatory Authority Applying to More Than One Type of Local Government › Chapter 250 - Miscellaneous Regulatory Authority › Section 250.007. Regulation of Rental or Leasing of Housing Accommodations

Sec. 250.007.  REGULATION OF RENTAL OR LEASING OF HOUSING ACCOMMODATIONS.  (a)  Except as provided by this section, a municipality or county may not adopt or enforce an ordinance or regulation that prohibits an owner, lessee, sublessee, assignee, managing agent, or other person having the right to lease, sublease, or rent a housing accommodation from refusing to lease or rent the housing accommodation to a person because the person's lawful source of income to pay rent includes funding from a federal housing assistance program.
(b)  This section does not affect an ordinance or regulation that prohibits the refusal to lease or rent a housing accommodation to a military veteran because of the veteran's lawful source of income to pay rent.
(c)  This section does not affect any authority of a municipality or county or decree to create or implement an incentive, contract commitment, density bonus, or other voluntary program designed to encourage the acceptance of a housing voucher directly or indirectly funded by the federal government, including a federal housing choice voucher.
Added by Acts 2015, 84th Leg., R.S., Ch. 1140 (S.B. 267), Sec. 1, eff. September 1, 2015.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 324 (S.B. 1488), Sec. 12.002, eff. September 1, 2017.
2023 Texas Statutes › Local Government Code › Title 7 - Regulation of Land Use, Structures, Businesses, and Related Activities › Subtitle C - Regulatory Authority Applying to More Than One Type of Local Government › Chapter 250 - Miscellaneous Regulatory Authority › Section 250.008. Linkage Fees Prohibited

Sec. 250.008.  LINKAGE FEES PROHIBITED.  (a)  A political subdivision may not adopt or enforce a charter provision, ordinance, order, or other regulation that imposes, directly or indirectly, a fee on new construction for the purposes of offsetting the cost or rent of any unit of residential housing.
(b)  For purposes of this section:
(1)  a fee is imposed indirectly on new construction if a charter provision, ordinance, order, or other regulation allows acceptance by the political subdivision of a fee on new construction; and
(2)  new construction includes zoning, subdivisions, site plans, and building permits associated with new construction.
(c)  This section does not apply to:
(1)  an affordable housing and property tax abatement program:
(A)  adopted under Chapter 378 or Chapter 312, Tax Code, by a municipality with a population of more than 700,000; and
(B)  for which eligibility is maintained as required under Chapter 312, Tax Code, as applicable; or
(2)  an ordinance, order, or other similar measure that permits the voluntary payment of a fee in lieu of other consideration to a political subdivision in connection with the issuance of a zoning waiver related to new construction that allows a multifamily residential or commercial structure to exceed height or square footage limitations.
(d)  A charter provision, ordinance, order, or other regulation adopted by a political subdivision that conflicts with this section is null and void.
Added by Acts 2017, 85th Leg., R.S., Ch. 256 (H.B. 1449), Sec. 2, eff. May 29, 2017.
2023 Texas Statutes › Local Government Code › Title 7 - Regulation of Land Use, Structures, Businesses, and Related Activities › Subtitle C - Regulatory Authority Applying to More Than One Type of Local Government › Chapter 250 - Miscellaneous Regulatory Authority › Section 250.009. Certain Sales of Beverages by Children

Sec. 250.009.  CERTAIN SALES OF BEVERAGES BY CHILDREN.  Notwithstanding any other law, a municipality, county, or other local public health authority may not adopt or enforce an ordinance, order, or rule that prohibits or regulates, including by requiring a license, permit, or fee, the occasional sale of lemonade or other nonalcoholic beverages from a stand on private property or in a public park by an individual younger than 18 years of age.
Added by Acts 2019, 86th Leg., R.S., Ch. 1027 (H.B. 234), Sec. 2, eff. September 1, 2019.
2023 Texas Statutes › Local Government Code › Title 7 - Regulation of Land Use, Structures, Businesses, and Related Activities › Subtitle C - Regulatory Authority Applying to More Than One Type of Local Government › Chapter 250 - Miscellaneous Regulatory Authority › Section 250.010. Battery-Charged Fences

Sec. 250.010.  BATTERY-CHARGED FENCES.  (a)  In this section, "alarm system" means an alarm system for which a permit may be issued under Subchapter F or F-1, Chapter 214, or Subchapter D, Chapter 233.
(b)  This section applies only to a battery-charged fence that:
(1)  interfaces with an alarm system in a manner that enables the fence to cause the connected alarm system to transmit a signal intended to summon law enforcement in response to a burglary;
(2)  is located on property that is not designated by a municipality or county for residential use;
(3)  has an energizer that is driven by a commercial storage battery that is not more than 12 volts of direct current;
(4)  produces an electric charge on contact that does not exceed energizer characteristics set for electric fence energizers by the International Electrotechnical Commission as published in the commission's standards on June 29, 2018;
(5)  is completely surrounded by a nonelectric perimeter fence or wall that is not less than five feet in height;
(6)  is not more than the higher of:
(A)  10 feet in height; or
(B)  two feet higher than the height of the nonelectric perimeter fence or wall; and
(7)  is marked with conspicuous warning signs that are located on the battery-charged fence at not less than 60-foot intervals and that read: "WARNING--ELECTRIC FENCE."
(c)  Notwithstanding any other law, a municipality or county may not adopt or enforce an ordinance, order, or regulation that:
(1)  requires a permit for the installation or use of a battery-charged fence to which this section applies that is in addition to an alarm system permit issued by the municipality or county;
(2)  imposes installation or operational requirements for:
(A)  the battery-charged fence that are inconsistent with the standards set by the International Electrotechnical Commission as published on June 29, 2018; or
(B)  an alarm system described by Subsection (b); or
(3)  prohibits the installation or use of a battery-charged fence.
Added by Acts 2019, 86th Leg., R.S., Ch. 1176 (H.B. 3371), Sec. 1, eff. September 1, 2019.
Redesignated from Local Government Code, Section 250.009 by Acts 2021, 87th Leg., R.S., Ch. 915 (H.B. 3607), Sec. 21.001(60), eff. September 1, 2021.
2023 Texas Statutes › Local Government Code › Title 7 - Regulation of Land Use, Structures, Businesses, and Related Activities › Subtitle C - Regulatory Authority Applying to More Than One Type of Local Government › Chapter 250 - Miscellaneous Regulatory Authority › Section 250.011. Third-Party Food Delivery Services

Sec. 250.011.  THIRD-PARTY FOOD DELIVERY SERVICES.  (a)  In this section, "third-party food delivery service" has the meaning assigned by Section 118.0001, Business & Commerce Code.
(b)  Notwithstanding any other law, a municipality or county may not adopt or enforce an ordinance or regulation to the extent that the ordinance or regulation affects the terms of agreements between third-party food delivery services and restaurants that meet the requirements of Section 118.0004(a), Business & Commerce Code.
Added by Acts 2021, 87th Leg., R.S., Ch. 305 (S.B. 911), Sec. 7, eff. January 1, 2022.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 768 (H.B. 4595), Sec. 24.002(17), eff. September 1, 2023.
2023 Texas Statutes › Local Government Code › Title 7 - Regulation of Land Use, Structures, Businesses, and Related Activities › Subtitle C - Regulatory Authority Applying to More Than One Type of Local Government › Chapter 250 - Miscellaneous Regulatory Authority › Section 250.012. Residential Fire Protection Sprinkler Systems

Sec. 250.012.  RESIDENTIAL FIRE PROTECTION SPRINKLER SYSTEMS.  (a)  Notwithstanding any other law and except as provided by Subsection (c), a municipality, county, or emergency services district may not enact an ordinance, bylaw, order, building code, or rule requiring the installation of a multipurpose residential fire protection sprinkler system or any other fire protection sprinkler system in a new or existing one- or two-family dwelling.
(b)  A municipality, county, or emergency services district may adopt an ordinance, bylaw, order, building code, or rule allowing a multipurpose residential fire protection sprinkler system specialist or other contractor to offer, for a fee, the installation of a fire protection sprinkler system in a new one- or two-family dwelling.
(c)  Subsection (a) does not apply to:
(1)  a municipality that has enacted an ordinance, bylaw, order, building code, or rule requiring the installation of a multipurpose residential fire protection sprinkler system or any other fire protection sprinkler system in a new or existing one- or two-family dwelling on or before January 1, 2009; or
(2)  an emergency services district:
(A)  that before February 1, 2013, has adopted a fire code, fire code amendments, or other requirements in conflict with Subsection (a); and
(B)  whose territory is located:
(i)  in or adjacent to a general law municipality with a population of less than 4,000 that is served by a water control and improvement district governed by Chapter 51, Water Code; and
(ii)  in a county that has a population of more than 1.2 million and is adjacent to a county with a population of more than 600,000.
Added by Acts 2021, 87th Leg., R.S., Ch. 315 (H.B. 738), Sec. 4, eff. January 1, 2022.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 644 (H.B. 4559), Sec. 152, eff. September 1, 2023.
Redesignated from Local Government Code, Section 250.011 by Acts 2023, 88th Leg., R.S., Ch. 768 (H.B. 4595), Sec. 24.001(30), eff. September 1, 2023.
2023 Texas Statutes › Local Government Code › Title 7 - Regulation of Land Use, Structures, Businesses, and Related Activities › Subtitle C - Regulatory Authority Applying to More Than One Type of Local Government › Chapter 250 - Miscellaneous Regulatory Authority › Section 250.013. Residential Immigrant or Refugee Child Detention Facilities

Sec. 250.013.  RESIDENTIAL IMMIGRANT OR REFUGEE CHILD DETENTION FACILITIES.  (a)  In this section, "residential child detention facility" means a private facility other than a facility licensed by this state that operates under a contract with the United States Immigration and Customs Enforcement, the United States Department of Health and Human Services, or another federal agency to provide 24-hour custody or care to unaccompanied immigrant or refugee children.
(b)  A municipality or a county may adopt and enforce an ordinance, order, or other regulation that requires a residential child detention facility to:
(1)  provide adequate water, wastewater, or other utilities for the facility; and
(2)  meet reasonable minimum standards that promote the health, safety, and welfare of the residents of the facility.
(c)  A county may not regulate under Subsection (b) a facility that is located in the corporate boundaries of a municipality.
(d)  Before entering into a contract with a federal agency to operate as a residential child detention facility, the owner or operator of the proposed residential child detention facility must:
(1)  provide notice of the proposed facility:
(A)  if the facility is located in a municipality, to the governing body of the municipality; or
(B)  if the facility is located in the unincorporated area of a county, to the commissioners court of the county; and
(2)  meet any requirements adopted by the municipality or county under Subsection (b).
Added by Acts 2021, 87th Leg., R.S., Ch. 978 (S.B. 2188), Sec. 1, eff. September 1, 2021.
Redesignated from Local Government Code, Section 250.011 by Acts 2023, 88th Leg., R.S., Ch. 768 (H.B. 4595), Sec. 24.001(31), eff. September 1, 2023.
2023 Texas Statutes › Local Government Code › Title 8 - Acquisition, Sale, or Lease of Property › Subtitle A - Municipal Acquisition, Sale, or Lease of Property › Chapter 251 - Municipal Right of Eminent Domain › Section 251.001. Right of Eminent Domain

Sec. 251.001.  RIGHT OF EMINENT DOMAIN.  (a)  When the governing body of a municipality considers it necessary, the municipality may exercise the right of eminent domain for a public use to acquire public or private property, whether located inside or outside the municipality, for any of the following uses:
(1)  the providing, enlarging, or improving of a municipally owned city hall; police station; jail or other law enforcement detention facility; fire station; library; school or other educational facility; academy; auditorium; hospital; sanatorium; market house; slaughterhouse; warehouse; elevator; railroad terminal; airport; ferry; ferry landing; pier; wharf; dock or other shipping facility; loading or unloading facility; alley, street, or other roadway; park, playground, or other recreational facility; square; water works system, including reservoirs, other water supply sources, watersheds, and water storage, drainage, treatment, distribution, transmission, and emptying facilities; sewage system including sewage collection, drainage, treatment, disposal, and emptying facilities; electric or gas power system; cemetery; and crematory;
(2)  the determining of riparian rights relative to the municipal water works;
(3)  the straightening or improving of the channel of any stream, branch, or drain;
(4)  the straightening, widening, or extending of any alley, street, or other roadway; and
(5)  any other municipal public use the governing body considers advisable.
(b)  A municipality condemning land under this section may take a fee simple title to the property if the governing body expresses the intention to do so.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 81 (S.B. 18), Sec. 3, eff. September 1, 2011.
2023 Texas Statutes › Local Government Code › Title 8 - Acquisition, Sale, or Lease of Property › Subtitle A - Municipal Acquisition, Sale, or Lease of Property › Chapter 251 - Municipal Right of Eminent Domain › Section 251.002. Procedure

Sec. 251.002.  PROCEDURE.  An exercise of the power of eminent domain granted by this chapter is governed by Chapter 21 of the Property Code.
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 A - Municipal Acquisition, Sale, or Lease of Property › Chapter 252 - Purchasing and Contracting Authority of Municipalities › Subchapter A. General Provisions › Section 252.001. Definitions

Sec. 252.001.  DEFINITIONS.  In this chapter:
(1)  "Bond funds" includes money in the treasury received from the sale of bonds and includes the proceeds of bonds that have been voted but have not been issued and delivered.
(2)  "Component purchases" means purchases of the component parts of an item that in normal purchasing practices would be purchased in one purchase.
(3)  "Current funds" includes money in the treasury, taxes in the process of being collected in the current tax year, and all other revenue that may be anticipated with reasonable certainty in the current tax year.
(4)  "High technology procurement" means the procurement of equipment, goods, or services of a highly technical nature, including:
(A)  data processing equipment and software and firmware used in conjunction with data processing equipment;
(B)  telecommunications equipment and radio and microwave systems;
(C)  electronic distributed control systems, including building energy management systems;  and
(D)  technical services related to those items.
(5)  "Planning services" means services primarily intended to guide governmental policy to ensure the orderly and coordinated development of the state or of municipal, county, metropolitan, or regional land areas.
(6)  "Separate purchases" means purchases, made separately, of items that in normal purchasing practices would be purchased in one purchase.
(7)  "Sequential purchases" means purchases, made over a period, of items that in normal purchasing practices would be purchased in one purchase.
(8)  "Time warrant" includes any warrant issued by a municipality that is not payable from current funds.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1989, 71st Leg., ch. 1250, Sec. 2, eff. Sept. 1, 1989;  Acts 1995, 74th Leg., ch. 207, Sec. 1, eff. May 23, 1995.
2023 Texas Statutes › Local Government Code › Title 8 - Acquisition, Sale, or Lease of Property › Subtitle A - Municipal Acquisition, Sale, or Lease of Property › Chapter 252 - Purchasing and Contracting Authority of Municipalities › Subchapter A. General Provisions › Section 252.002. Municipal Charter Controls in Case of Conflict

Sec. 252.002.  MUNICIPAL CHARTER CONTROLS IN CASE OF CONFLICT.  Any provision in the charter of a home-rule municipality that relates to the notice of contracts, advertisement of the notice, requirements for the taking of sealed bids based on specifications for public improvements or purchases, the manner of publicly opening bids or reading them aloud, or the manner of letting contracts and that is in conflict with this chapter controls over this chapter unless the governing body of the municipality elects to have this chapter supersede the charter.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1993, 73rd Leg., ch. 749, Sec. 5, eff. Sept. 1, 1993;  Acts 1993, 73rd Leg., ch. 757, Sec. 7, eff. Sept. 1, 1993.
2023 Texas Statutes › Local Government Code › Title 8 - Acquisition, Sale, or Lease of Property › Subtitle A - Municipal Acquisition, Sale, or Lease of Property › Chapter 252 - Purchasing and Contracting Authority of Municipalities › Subchapter A. General Provisions › Section 252.003. Application of Other Law

Sec. 252.003.  APPLICATION OF OTHER LAW.  The purchasing requirements of Section 361.426, Health and Safety Code, apply to municipal purchases made under this chapter.
Added by Acts 1991, 72nd Leg., ch. 303, Sec. 17, eff. Sept. 1, 1991.
2023 Texas Statutes › Local Government Code › Title 8 - Acquisition, Sale, or Lease of Property › Subtitle A - Municipal Acquisition, Sale, or Lease of Property › Chapter 252 - Purchasing and Contracting Authority of Municipalities › Subchapter B. Competitive Bidding or Competitive Proposals Required › Section 252.0215. Competitive Bidding in Relation to Historically Underutilized Business

Sec. 252.0215.  COMPETITIVE BIDDING IN RELATION TO HISTORICALLY UNDERUTILIZED BUSINESS.  A municipality, in making an expenditure of more than $3,000 but less than $50,000, shall contact at least two historically underutilized businesses on a rotating basis, based on information provided by the comptroller pursuant to Chapter 2161, Government Code.  If the list fails to identify a historically underutilized business in the county in which the municipality is situated, the municipality is exempt from this section.
Added by Acts 1993, 73rd Leg., ch. 749, Sec. 3, eff. Sept. 1, 1993.  Amended by Acts 1997, 75th Leg., ch. 165, Sec. 17.18, eff. Sept. 1, 1997;  Acts 2001, 77th Leg., ch. 115, Sec. 2, eff. Sept. 1, 2001.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 434 (S.B. 1765), Sec. 2, eff. September 1, 2007.
Acts 2007, 80th Leg., R.S., Ch. 937 (H.B. 3560), Sec. 1.100, eff. September 1, 2007.
2023 Texas Statutes › Local Government Code › Title 8 - Acquisition, Sale, or Lease of Property › Subtitle A - Municipal Acquisition, Sale, or Lease of Property › Chapter 252 - Purchasing and Contracting Authority of Municipalities › Subchapter B. Competitive Bidding or Competitive Proposals Required › Section 252.023. Exemptions From Referendum Provisions

Sec. 252.023.  EXEMPTIONS FROM REFERENDUM PROVISIONS.  The referendum provisions prescribed by Section 252.045 do not apply to expenditures that are payable:
(1)  from current funds;
(2)  from bond funds;  or
(3)  by time warrants unless the amount of the time warrants issued by the municipality for all purposes during the current calendar year exceeds:
(A)  $7,500 if the municipality's population is 5,000 or less;
(B)  $10,000 if the municipality's population is 5,001 to 24,999;
(C)  $25,000 if the municipality's population is 25,001 to 49,999;  or
(D)  $100,000 if the municipality's population is more than 50,000.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1991, 72nd Leg., ch. 109, Sec. 1, eff. Aug. 26, 1991.
2023 Texas Statutes › Local Government Code › Title 8 - Acquisition, Sale, or Lease of Property › Subtitle A - Municipal Acquisition, Sale, or Lease of Property › Chapter 252 - Purchasing and Contracting Authority of Municipalities › Subchapter B. Competitive Bidding or Competitive Proposals Required › Section 252.024. Selection of Insurance Broker

Sec. 252.024.  SELECTION OF INSURANCE BROKER.  This chapter does not prevent a municipality from selecting a licensed insurance broker as the sole broker of record to obtain proposals and coverages for excess or surplus insurance that provides necessary coverage and adequate limits of coverage in structuring layered excess coverages in all areas of risk requiring special consideration, including public official liability, police professional liability, and airport liability.  The broker may be retained only on a fee basis and may not receive any other remuneration from any other source.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 8 - Acquisition, Sale, or Lease of Property › Subtitle A - Municipal Acquisition, Sale, or Lease of Property › Chapter 252 - Purchasing and Contracting Authority of Municipalities › Subchapter C. Procedures › Section 252.041. Notice Requirement

Sec. 252.041.  NOTICE REQUIREMENT.  (a)  If the competitive sealed bidding requirement applies to the contract, notice of the time and place at which the bids will be publicly opened and read aloud must be published at least once a week for two consecutive weeks in a newspaper published in the municipality.  The date of the first publication must be before the 14th day before the date set to publicly open the bids and read them aloud. If no newspaper is published in the municipality, the notice must be posted at the city hall for 14 days before the date set to publicly open the bids and read them aloud.
(b)  If the competitive sealed proposals requirement applies to the contract, notice of the request for proposals must be given in the same manner as that prescribed by Subsection (a) for the notice for competitive sealed bids.
(c)  If the contract is for the purchase of machinery for the construction or maintenance of roads or streets, the notice for bids and the order for purchase must include a general specification of the machinery desired.
(d)  If the governing body of the municipality intends to issue time warrants for the payment of any part of the contract, the notice must include a statement of:
(1)  the governing body's intention;
(2)  the maximum amount of the proposed time warrant indebtedness;
(3)  the rate of interest the time warrants will bear;  and
(4)  the maximum maturity date of the time warrants.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1991, 72nd Leg., ch. 109, Sec. 2, eff. Aug. 26, 1991;  Acts 1993, 73rd Leg., ch. 749, Sec. 4, eff. Sept. 1, 1993;  Acts 1993, 73rd Leg., ch. 757, Sec. 6, eff. Sept. 1, 1993.
2023 Texas Statutes › Local Government Code › Title 8 - Acquisition, Sale, or Lease of Property › Subtitle A - Municipal Acquisition, Sale, or Lease of Property › Chapter 252 - Purchasing and Contracting Authority of Municipalities › Subchapter C. Procedures › Section 252.0415. Procedures for Electronic Bids or Proposals

Sec. 252.0415.  PROCEDURES FOR ELECTRONIC BIDS OR PROPOSALS.  (a)  A municipality may receive bids or proposals under this chapter through electronic transmission if the governing body of the municipality adopts rules to ensure the identification, security, and confidentiality of electronic bids or proposals and to ensure that the electronic bids or proposals remain effectively unopened until the proper time.
(b)  Notwithstanding any other provision of this chapter, an electronic bid or proposal is not required to be sealed.  A provision of this chapter that applies to a sealed bid or proposal applies to a bid or proposal received through electronic transmission in accordance with the rules adopted under Subsection (a).
Added by Acts 2001, 77th Leg., ch. 1063, Sec. 6, eff. Sept. 1, 2001.
2023 Texas Statutes › Local Government Code › Title 8 - Acquisition, Sale, or Lease of Property › Subtitle A - Municipal Acquisition, Sale, or Lease of Property › Chapter 252 - Purchasing and Contracting Authority of Municipalities › Subchapter C. Procedures › Section 252.042. Requests for Proposals for Certain Procurements

Sec. 252.042.  REQUESTS FOR PROPOSALS FOR CERTAIN PROCUREMENTS.  (a)  Requests for proposals made under Section 252.021 must solicit quotations and must specify the relative importance of price and other evaluation factors.
(b)  Discussions in accordance with the terms of a request for proposals and with regulations adopted by the governing body of the municipality may be conducted with offerors who submit proposals and who are determined to be reasonably qualified for the award of the contract.  Offerors shall be treated fairly and equally with respect to any opportunity for discussion and revision of proposals.  To obtain the best final offers, revisions may be permitted after submissions and before the award of the contract.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1989, 71st Leg., ch. 1, Sec. 56(c), eff. Aug. 28, 1989;  Acts 1995, 74th Leg., ch. 45, Sec. 2, eff. May 5, 1995.
2023 Texas Statutes › Local Government Code › Title 8 - Acquisition, Sale, or Lease of Property › Subtitle A - Municipal Acquisition, Sale, or Lease of Property › Chapter 252 - Purchasing and Contracting Authority of Municipalities › Subchapter C. Procedures › Section 252.0435. Safety Record of Bidder Considered

Sec. 252.0435.  SAFETY RECORD OF BIDDER CONSIDERED.  In determining who is a responsible bidder, the governing body may take into account the safety record of the bidder, of the firm, corporation, partnership, or institution represented by the bidder, or of anyone acting for such a firm, corporation, partnership, or institution if:
(1)  the governing body has adopted a written definition and criteria for accurately determining the safety record of a bidder;
(2)  the governing body has given notice to prospective bidders in the bid specifications that the safety record of a bidder may be considered in determining the responsibility of the bidder; and
(3)  the determinations are not arbitrary and capricious.
Added by Acts 1989, 71st Leg., ch. 1, Sec. 58(b), eff. Aug. 28, 1989.
2023 Texas Statutes › Local Government Code › Title 8 - Acquisition, Sale, or Lease of Property › Subtitle A - Municipal Acquisition, Sale, or Lease of Property › Chapter 252 - Purchasing and Contracting Authority of Municipalities › Subchapter C. Procedures › Section 252.0436. Contract With Person Indebted to Municipality

Sec. 252.0436.  CONTRACT WITH PERSON INDEBTED TO MUNICIPALITY.  (a)  A municipality by ordinance may establish regulations permitting the municipality to refuse to enter into a contract or other transaction with a person indebted to the municipality.
(b)  It is not a violation of this chapter for a municipality, under regulations adopted under Subsection (a), to refuse to award a contract to or enter into a transaction with an apparent low bidder or successful proposer that is indebted to the municipality.
(c)  In this section, "person" includes an individual, sole proprietorship, corporation, nonprofit corporation, partnership, joint venture, limited liability company, and any other entity that proposes or otherwise seeks to enter into a contract or other transaction with the municipality requiring approval by the governing body of the municipality.
Added by Acts 2003, 78th Leg., ch. 156, Sec. 1, eff. Sept. 1, 2003.
2023 Texas Statutes › Local Government Code › Title 8 - Acquisition, Sale, or Lease of Property › Subtitle A - Municipal Acquisition, Sale, or Lease of Property › Chapter 252 - Purchasing and Contracting Authority of Municipalities › Subchapter C. Procedures › Section 252.044. Contractor's Bond

Sec. 252.044.  CONTRACTOR'S BOND.  (a)  If the contract is for the construction of public works, the bidder to whom the contract is awarded must execute a good and sufficient bond.  The bond must be:
(1)  in the full amount of the contract price;
(2)  conditioned that the contractor will faithfully perform the contract;  and
(3)  executed, in accordance with Chapter 2253, Government Code, by a surety company authorized to do business in the state.
(b)  Repealed by Acts 1993, 73rd Leg., ch. 865, Sec. 2, eff. Sept. 1, 1993.
(c)  The governing body of a home-rule municipality by ordinance may adopt the provisions of this section and Chapter 2253, Government Code, relating to contractors' surety bonds, regardless of a conflicting provision in the municipality's charter.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1993, 73rd Leg., ch. 865, Sec. 2, eff. Sept. 1, 1993;  Acts 1995, 74th Leg., ch. 76, Sec. 5.95(17), eff. Sept. 1, 1995.
2023 Texas Statutes › Local Government Code › Title 8 - Acquisition, Sale, or Lease of Property › Subtitle A - Municipal Acquisition, Sale, or Lease of Property › Chapter 252 - Purchasing and Contracting Authority of Municipalities › Subchapter C. Procedures › Section 252.045. Referendum on Issuance of Time Warrants

Sec. 252.045.  REFERENDUM ON ISSUANCE OF TIME WARRANTS.  (a)  If, by the time set for letting a contract under this chapter, a written petition with the required signatures is filed with the municipal secretary or clerk requesting the governing body of the municipality to order a referendum on the question of whether time warrants should be issued for an expenditure under the contract, the governing body may not authorize the expenditure or finally award the contract unless the question is approved by a majority of the votes received in the referendum.  The petition must be signed by at least 10 percent of the qualified voters of the municipality whose names appear as property taxpayers on the municipality's most recently approved tax rolls.
(b)  If a petition is not filed, the governing body may finally award the contract and issue the time warrants.  In the absence of a petition, the governing body may, at its discretion, order the referendum.
(c)  The provisions of Subtitles A and C, Title 9, Government Code, relating to elections for the issuance of municipal bonds and to the issuance, approval, registration, and sale of bonds govern the referendum and the time warrants to the extent those provisions are consistent with this chapter. However, the time warrants may mature over a term exceeding 40 years only if the governing body finds that the financial condition of the municipality will not permit payment of warrants issued for a term of 40 years or less from taxes that are imposed substantially uniformly during the term of the warrants.
(d)  This section does not supersede any additional rights provided by the charter of a special-law municipality and relating to a referendum.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1999, 76th Leg., ch. 1064, Sec. 38, eff. Sept. 1, 1999.
2023 Texas Statutes › Local Government Code › Title 8 - Acquisition, Sale, or Lease of Property › Subtitle A - Municipal Acquisition, Sale, or Lease of Property › Chapter 252 - Purchasing and Contracting Authority of Municipalities › Subchapter C. Procedures › Section 252.046. Circumstances in Which Current Funds to Be Set Aside

Sec. 252.046.  CIRCUMSTANCES IN WHICH CURRENT FUNDS TO BE SET ASIDE.  If an expenditure under the contract is payable by warrants on current funds, the governing body of the municipality by order shall set aside an amount of current funds that will discharge the principal and interest of the warrants.  Those funds may not be used for any other purpose, and the warrants must be discharged from those funds and may not be refunded.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 8 - Acquisition, Sale, or Lease of Property › Subtitle A - Municipal Acquisition, Sale, or Lease of Property › Chapter 252 - Purchasing and Contracting Authority of Municipalities › Subchapter C. Procedures › Section 252.047. Payment Method for Certain Contracts

Sec. 252.047.  PAYMENT METHOD FOR CERTAIN CONTRACTS.  If the contract is for the construction of public works or for the purchase of materials, equipment, and supplies, the municipality may let the contract on a lump-sum basis or unit price basis as the governing body of the municipality determines.  If the contract is let on a unit price basis, the information furnished to bidders must specify the approximate quantity needed, based on the best available information, but payment to the contractor must be based on the actual quantity constructed or supplied.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 8 - Acquisition, Sale, or Lease of Property › Subtitle A - Municipal Acquisition, Sale, or Lease of Property › Chapter 252 - Purchasing and Contracting Authority of Municipalities › Subchapter C. Procedures › Section 252.048. Change Orders

Sec. 252.048.  CHANGE ORDERS.  (a)  If changes in plans or specifications are necessary after the performance of the contract is begun or if it is necessary to decrease or increase the quantity of work to be performed or of materials, equipment, or supplies to be furnished, the governing body of the municipality may approve change orders making the changes.
(b)  The total contract price may not be increased because of the changes unless additional money for increased costs is appropriated for that purpose from available funds or is provided for by the authorization of the issuance of time warrants.
(c)  If a change order involves a decrease or an increase of $50,000 or less, the governing body may grant general authority to an administrative official of the municipality to approve the change orders.
(c-1)  If a change order for a public works contract in a municipality with a population of 240,000 or more involves a decrease or an increase of $100,000 or less, or a lesser amount as provided by ordinance, the governing body of the municipality may grant general authority to an administrative official of the municipality to approve the change order.
(d)  The original contract price may not be increased under this section by more than 25 percent.  The original contract price may not be decreased under this section by more than 25 percent without the consent of the contractor.
(e)  This section applies only to a contract awarded through a competitive procedure as required by Section 252.021.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1995, 74th Leg., ch. 706, Sec. 1, eff. Sept. 1, 1995;  Acts 1995, 74th Leg., ch. 746, Sec. 2, eff. Aug. 28, 1995.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 479 (H.B. 679), Sec. 1, eff. June 17, 2011.
Acts 2011, 82nd Leg., R.S., Ch. 1129 (H.B. 628), Sec. 2.09, eff. September 1, 2011.
Acts 2013, 83rd Leg., R.S., Ch. 1127 (H.B. 1050), Sec. 7, eff. September 1, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 1356 (S.B. 1430), Sec. 2, eff. June 14, 2013.
Acts 2023, 88th Leg., R.S., Ch. 406 (H.B. 1440), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Local Government Code › Title 8 - Acquisition, Sale, or Lease of Property › Subtitle A - Municipal Acquisition, Sale, or Lease of Property › Chapter 252 - Purchasing and Contracting Authority of Municipalities › Subchapter C. Procedures › Section 252.049. Confidentiality of Information in Bids or Proposals

Sec. 252.049.  CONFIDENTIALITY OF INFORMATION IN BIDS OR PROPOSALS.  (a)  Trade secrets and confidential information in competitive sealed bids are not open for public inspection.
(b)  If provided in a request for proposals, proposals shall be opened in a manner that avoids disclosure of the contents to competing offerors and keeps the proposals secret during negotiations.  All proposals are open for public inspection after the contract is awarded, but trade secrets and confidential information in the proposals are not open for public inspection.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 8 - Acquisition, Sale, or Lease of Property › Subtitle A - Municipal Acquisition, Sale, or Lease of Property › Chapter 252 - Purchasing and Contracting Authority of Municipalities › Subchapter C. Procedures › Section 252.050. Lease-Purchase or Installment Purchase of Real Property

Sec. 252.050.  LEASE-PURCHASE OR INSTALLMENT PURCHASE OF REAL PROPERTY.  (a)  This section applies only to a lease-purchase or installment purchase of real property financed by the issuance of certificates of participation.
(b)  The governing body of a municipality may not make an agreement under which the municipality is a lessee in a lease-purchase of real property or is a purchaser in an installment purchase of real property unless the governing body first obtains an appraisal by a qualified appraiser who is not an employee of the municipality.  The purchase price may not exceed the fair market value of the real property, as shown by the appraisal.
Added by Acts 1989, 71st Leg., 1st C.S., ch. 10, Sec. 2, eff. Oct. 18, 1989.
2023 Texas Statutes › Local Government Code › Title 8 - Acquisition, Sale, or Lease of Property › Subtitle A - Municipal Acquisition, Sale, or Lease of Property › Chapter 252 - Purchasing and Contracting Authority of Municipalities › Subchapter C. Procedures › Section 252.051. Appraisal Required Before Purchase of Property With Bond Proceeds

Sec. 252.051.  APPRAISAL REQUIRED BEFORE PURCHASE OF PROPERTY WITH BOND PROCEEDS.  A municipality may not purchase property wholly or partly with bond proceeds until the municipality obtains an independent appraisal of the property's market value.
Added by Acts 2011, 82nd Leg., R.S., Ch. 719 (H.B. 782), Sec. 1, eff. September 1, 2011.
2023 Texas Statutes › Local Government Code › Title 8 - Acquisition, Sale, or Lease of Property › Subtitle A - Municipal Acquisition, Sale, or Lease of Property › Chapter 252 - Purchasing and Contracting Authority of Municipalities › Subchapter D. Enforcement › Section 252.061. Injunction

Sec. 252.061.  INJUNCTION.  If the contract is made without compliance with this chapter, it is void and the performance of the contract, including the payment of any money under the contract, may be enjoined by:
(1)  any property tax paying resident of the municipality; or
(2)  a person who submitted a bid for a contract for which the competitive sealed bidding requirement applies, regardless of residency, if the contract is for the construction of public works.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 979 (H.B. 3668), Sec. 1, eff. September 1, 2009.
2023 Texas Statutes › Local Government Code › Title 8 - Acquisition, Sale, or Lease of Property › Subtitle A - Municipal Acquisition, Sale, or Lease of Property › Chapter 252 - Purchasing and Contracting Authority of Municipalities › Subchapter D. Enforcement › Section 252.062. Criminal Penalties

Sec. 252.062.  CRIMINAL PENALTIES.  (a)  A municipal officer or employee commits an offense if the officer or employee intentionally or knowingly makes or authorizes separate, sequential, or component purchases to avoid the competitive bidding requirements of Section 252.021.  An offense under this subsection is a Class B misdemeanor.
(b)  A municipal officer or employee commits an offense if the officer or employee intentionally or knowingly violates Section 252.021, other than by conduct described by Subsection (a).  An offense under this subsection is a Class B misdemeanor.
(c)  A municipal officer or employee commits an offense if the officer or employee intentionally or knowingly violates this chapter, other than by conduct described by Subsection (a) or (b).  An offense under this subsection is a Class C misdemeanor.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1989, 71st Leg., ch. 1250, Sec. 3, eff. Sept. 1, 1989.
2023 Texas Statutes › Local Government Code › Title 8 - Acquisition, Sale, or Lease of Property › Subtitle A - Municipal Acquisition, Sale, or Lease of Property › Chapter 252 - Purchasing and Contracting Authority of Municipalities › Subchapter D. Enforcement › Section 252.063. Removal; Ineligibility

Sec. 252.063.  REMOVAL;  INELIGIBILITY.  (a)  The final conviction of a municipal officer or employee for an offense under Section 252.062(a) or (b) results in the immediate removal from office or employment of that person.
(b)  For four years after the date of the final conviction, the removed officer or employee is ineligible:
(1)  to be a candidate for or to be appointed or elected to a public office in this state;
(2)  to be employed by the municipality with which the person served when the offense occurred;  and
(3)  to receive any compensation through a contract with that municipality.
(c)  This section does not prohibit the payment of retirement or workers' compensation benefits to the removed officer or employee.
Added by Acts 1989, 71st Leg., ch. 1250, Sec. 4, eff. Sept. 1, 1989.