reglab/statecodes huggingface dataset:
2023 Texas Statutes › Local Government Code › Title 8 - Acquisition, Sale, or Lease of Property › Subtitle B - County Acquisition, Sale, or Lease of Property › Chapter 270 - Miscellaneous Provisions Affecting the Acquisition, Sale, or Lease of Property by Counties › Section 270.009. Intellectual Property of County

Sec. 270.009.  INTELLECTUAL PROPERTY OF COUNTY.  A county may acquire, apply for, register, secure, hold, protect, and renew under the laws of this state, another state, the United States, or any other nation:
(1)  a patent for the invention or discovery of:
(A)  any new and useful process, machine, manufacture, composition of matter, art, or method;
(B)  any new use of a known process, machine, manufacture, composition of matter, art, or method;  or
(C)  any new and useful improvement on a known process, machine, manufacture, composition of matter, art, or method;
(2)  a copyright of an original work of authorship fixed in any tangible medium of expression, now known or later developed, from which the work may be perceived, reproduced, or otherwise communicated, either directly or with the aid of a machine or device;
(3)  a trademark, service mark, collective mark, or certification mark for a word, name, symbol, device, or slogan that the county uses to identify and distinguish the county's goods and services from other goods and services;  and
(4)  other evidence of protection of exclusivity issued for intellectual property.
Added by Acts 2003, 78th Leg., ch. 301, Sec. 11, eff. Sept. 1, 2003.
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 A. Public Property Finance Act › Section 271.001. Short Title

Sec. 271.001.  SHORT TITLE.  This subchapter may be cited as the Public Property Finance Act.
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 A. Public Property Finance Act › Section 271.002. Purpose

Sec. 271.002.  PURPOSE.  (a)  The legislature finds that the purchase or other acquisition or the use of property by governmental agencies and the financing of those activities are necessary to the efficient and economic operation of government.
(b)  This subchapter promotes a public purpose by furnishing governmental agencies with a feasible means to purchase or otherwise acquire, use, and finance public property.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1993, 73rd Leg., ch. 752, 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 A. Public Property Finance Act › Section 271.005. Authority to Contract for Personal Property

Sec. 271.005.  AUTHORITY TO CONTRACT FOR PERSONAL PROPERTY.  (a)  The governing body of a governmental agency may execute, perform, and make payments under a contract with any person for the use or the purchase or other acquisition of any personal property, or the financing thereof.  The contract is an obligation of the governmental agency.  The contract may:
(1)  be on the terms considered appropriate by the governing body;
(2)  be in the form of a lease, a lease with an option or options to purchase, an installment purchase, or any other form considered appropriate by the governing body including that of an instrument which would be required to be approved by the attorney general under Chapter 1202, Government Code, provided that contracts in such form must be approved by the attorney general in accordance with the terms of that chapter;
(3)  be for a term approved by the governing body and contain an option or options to renew or extend the term;  and
(4)  be made payable from a pledge of all or any part of any revenues, funds, or taxes available to the governmental agency for its public purposes.
(b)  The governing body of a governmental agency may contract under this section for materials and labor incident to the installation of personal property.
(c)  A contract may provide for the payment of interest on the unpaid amounts of the contract at a rate or rates and may contain prepayment provisions, termination penalties, and other provisions determined within the discretion of the governing body.  The net effective interest rate on the contract may not exceed the net effective interest rate at which public securities may be issued in accordance with Chapter 1204, Government Code. Interest on the unpaid amounts of a contract shall be computed as simple interest.
(d)  Subject only to applicable constitutional restrictions, the governing body may obligate taxes or revenues for the full term of a contract for the payment of the contract.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1991, 72nd Leg., ch. 82, Sec. 1, eff. May 12, 1991;  Acts 1993, 73rd Leg., ch. 104, Sec. 3, eff. May 7, 1993;  Acts 1999, 76th Leg., ch. 396, Sec. 1.38, eff. Sept. 1, 1999;  Acts 2001, 77th Leg., ch. 1420, Sec. 8.293, 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 A. Public Property Finance Act › Section 271.006. Compliance With Other Requirements

Sec. 271.006.  COMPLIANCE WITH OTHER REQUIREMENTS.  (a)  In entering into the contract, a municipality must comply with the requirements of Chapter 252 and a county must comply with the requirements of Subchapter C, Chapter 262. However, the municipality or county is not required to submit to a referendum the question of entering into the contract.
(b)  The purchasing requirements of Section 361.426, Health and Safety Code, apply to a purchase by a governmental agency under this chapter.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1991, 72nd Leg., ch. 303, Sec. 19, eff. Sept. 1, 1991.
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 A. Public Property Finance Act › Section 271.0065. Additional Competitive Procedures

Sec. 271.0065.  ADDITIONAL COMPETITIVE PROCEDURES.  (a)  In any procedure for competitive bidding under this subchapter, the governing body shall provide all bidders with the opportunity to bid on the same items on equal terms and have bids judged according to the same standards as set forth in the specifications.
(b)  A governmental agency shall receive bids or proposals under this subchapter in a fair and confidential manner.
(c)  A governmental agency may receive bids or proposals under this subchapter in hard-copy format or through electronic transmission.  A governmental agency shall accept any bids or proposals submitted in hard-copy format.
Added by Acts 2001, 77th Leg., ch. 1063, 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 A. Public Property Finance Act › Section 271.007. Approved and Registered Contract

Sec. 271.007.  APPROVED AND REGISTERED CONTRACT.  (a)  If the governing body approves the contract and the contract provides for the payment of an aggregate amount of $100,000 or more, the governing body may submit the contract and the record relating to the contract to the attorney general for examination as to the validity of the contract.  The attorney general shall approve the contract if it has been made in accordance with the constitution and other laws of this state, and the contract then shall be registered by the comptroller of public accounts.
(b)  After the contract has been approved and registered as provided by this section, the contract is valid and is incontestable for any cause.  The legal obligation of the lessor, vendor, or supplier of personal property or of the person installing personal property to the governmental agency is not diminished in any respect by the approval and registration of the contract.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1999, 76th Leg., ch. 396, Sec. 1.39, eff. Sept. 1, 1999.
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 A. Public Property Finance Act › Section 271.008. Authorized Investments

Sec. 271.008.  AUTHORIZED INVESTMENTS.  The contract is a legal and authorized investment for:
(1)  banks, savings banks, trust companies, and savings and loan associations;
(2)  insurance companies;
(3)  fiduciaries and trustees;  and
(4)  the sinking funds of a county, municipality, school district, or other political subdivision or corporation of this state.
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 A. Public Property Finance Act › Section 271.009. Term of Contract

Sec. 271.009.  TERM OF CONTRACT.  The contract may be for any term not to exceed 25 years.
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 B. Competitive Bidding on Certain Public Works Contracts › Section 271.021. Definitions

Sec. 271.021.  DEFINITIONS.  In this subchapter:
(1)  "Component purchases" means purchases of the component parts of an item that in normal purchasing practices would be purchased in one purchase.
(2)  "Governmental entity" means:
(A)  a county;
(B)  a common or independent school district;
(C)  a hospital district or authority;
(D)  a housing authority;  or
(E)  an agency or instrumentality of the governmental entities described by Paragraphs (A) through (D).
(3)  "Separate purchases" means purchases, made separately, of items that in normal purchasing practices would be purchased in one purchase.
(4)  "Sequential purchases" means purchases, made over a period, of items that in normal purchasing practices would be purchased in one purchase.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1989, 71st Leg., ch. 328, Sec. 15, eff. Sept. 1, 1989;  Acts 1989, 71st Leg., ch. 1250, Sec. 14, eff. Sept. 1, 1989;  Acts 1991, 72nd Leg., ch. 16, Sec. 13.04, eff. Aug. 26, 1991;  Acts 1997, 75th Leg., ch. 1370, Sec. 1, 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 B. Competitive Bidding on Certain Public Works Contracts › Section 271.022. Exempt Contract

Sec. 271.022.  EXEMPT CONTRACT.  This subchapter does not affect a contract required to be awarded under Subchapter A, Chapter 2254, Government Code.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 5.95(9), eff. Sept. 1, 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 B. Competitive Bidding on Certain Public Works Contracts › Section 271.023. Conflict of Laws

Sec. 271.023.  CONFLICT OF LAWS.  To the extent of any conflict, the provisions of Subchapter B, Chapter 44, Education Code, relating to the purchase of goods and services under contract by a school district prevail over this subchapter.
Added by Acts 1999, 76th Leg., ch. 1383, Sec. 2, eff. June 19, 1999.
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 B. Competitive Bidding on Certain Public Works Contracts › Section 271.024. Competitive Procurement Procedure Applicable to Contract

Sec. 271.024.  COMPETITIVE PROCUREMENT PROCEDURE APPLICABLE TO CONTRACT.  If a governmental entity is required by statute to award a contract for the construction, repair, or renovation of a structure, road, highway, or other improvement or addition to real property on the basis of competitive bids, and if the contract requires the expenditure of more than $50,000 from the funds of the entity, the bidding on the contract must be accomplished in the manner provided by this subchapter.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1993, 73rd Leg., ch. 749, Sec. 2, eff. Sept. 1, 1993;  Acts 1993, 73rd Leg., ch. 757, Sec. 14, eff. Sept. 1, 1993;  Acts 2001, 77th Leg., ch. 115, Sec. 5, eff. Sept. 1, 2001.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 1266 (H.B. 987), Sec. 6, eff. June 19, 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 B. Competitive Bidding on Certain Public Works Contracts › Section 271.0245. Additional Competitive Procedures

Sec. 271.0245.  ADDITIONAL COMPETITIVE PROCEDURES.  (a)  In the procedure for competitive bidding under this subchapter, the governing body of the governmental entity shall provide all bidders with the opportunity to bid on the same items on equal terms and have bids judged according to the same standards as set forth in the specifications.
(b)  A governmental entity shall receive bids under this subchapter in a fair and confidential manner.
(c)  A governmental entity may receive bids under this subchapter in hard-copy format or through electronic transmission.  A governmental entity shall accept any bids submitted in hard-copy format.
Added by Acts 2001, 77th Leg., ch. 1063, Sec. 5, 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 B. Competitive Bidding on Certain Public Works Contracts › Section 271.025. Advertisement for Bids

Sec. 271.025.  ADVERTISEMENT FOR BIDS.  (a)  The governmental entity must advertise for bids.  The advertisement for bids must include a notice that:
(1)  describes the work;
(2)  states the location at which the bidding documents, plans, specifications, or other data may be examined by all bidders;  and
(3)  states the time and place for submitting bids and the time and place that bids will be opened.
(b)  The advertisement must be published as required by law.  If no legal requirement for publication exists, the advertisement must be published at least twice in one or more newspapers of general circulation in the county or counties in which the work is to be performed.  The second publication must be on or before the 10th day before the first date bids may be submitted.
(c)  The governmental entity must mail a notice containing the information required under Subsection (a) to any organization that:
(1)  requests in advance that notices for bids be sent to it;
(2)  agrees in writing to pay the actual cost of mailing the notice;  and
(3)  certifies that it circulates notices for bids to the construction trade in general.
(d)  The governmental entity shall mail a notice required under Subsection (c) on or before the date the first newspaper advertisement under this section is published.
(e)  In a county with a population of 3.3 million or more, the county and any district or authority created under Article XVI, Section 59, of the Texas Constitution of which the governing body is the commissioners court may require that a minimum of 25 percent of the work be performed by the bidder and, notwithstanding any other law to the contrary, may establish financial criteria for the surety companies that provide payment and performance bonds.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1989, 71st Leg., ch. 1019, Sec. 2, eff. Aug. 28, 1989;  Acts 2001, 77th Leg., ch. 669, Sec. 82, 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 B. Competitive Bidding on Certain Public Works Contracts › Section 271.026. Opening of Bids

Sec. 271.026.  OPENING OF BIDS.  (a)  Bids may be opened only by the governing body of the governmental entity at a public meeting or by an officer or employee of the governmental entity at or in an office of the governmental entity.  A bid that has been opened may not be changed for the purpose of correcting an error in the bid price.
(b)  This subchapter does not change the common law right of a bidder to withdraw a bid due to a material mistake in the bid.
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 B. Competitive Bidding on Certain Public Works Contracts › Section 271.027. Award of Contract

Sec. 271.027.  AWARD OF CONTRACT.  (a)  The governmental entity is entitled to reject any and all bids.
(b)  The contract must be awarded to the lowest responsible bidder, but the contract may not be awarded to a bidder who is not the lowest bidder unless before the award each lower bidder is given notice of the proposed award and is given an opportunity to appear before the governing body of the governmental entity or the designated representative of the governing body and present evidence concerning the bidder's responsibility.
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 B. Competitive Bidding on Certain Public Works Contracts › Section 271.0275. Safety Record of Bidder Considered

Sec. 271.0275.  SAFETY RECORD OF BIDDER CONSIDERED.  In determining who is a responsible bidder, the governmental entity 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 of the governmental entity 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(d), eff. Aug. 28, 1989.
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 B. Competitive Bidding on Certain Public Works Contracts › Section 271.028. Effect of Noncompliance

Sec. 271.028.  EFFECT OF NONCOMPLIANCE.  A contract awarded in violation of this subchapter is void.
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 B. Competitive Bidding on Certain Public Works Contracts › Section 271.029. Criminal Penalties

Sec. 271.029.  CRIMINAL PENALTIES.  (a)  An officer or employee of a governmental entity 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 the statute that requires a contract described by Section 271.024 to be awarded on the basis of competitive bids.  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 a governmental entity 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. 15, eff. Sept. 1, 1989.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 285 (H.B. 1694), Sec. 18, 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 C. Certificate of Obligation Act › Section 271.041. Short Title

Sec. 271.041.  SHORT TITLE.  This subchapter may be cited as the Certificate of Obligation Act of 1971.
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 271.042. Purpose; Conflict

Sec. 271.042.  PURPOSE; CONFLICT.  (a)  It is the purpose of this subchapter to provide:
(1)  a procedure for certain financing that is an alternative to the more cumbersome procedure under Chapter 252 or 262; and
(2)  a new class of securities to be issued and delivered within the financial capabilities of an issuer on compliance with the procedures prescribed by this subchapter.
(b)  If there is a conflict between a provision of this subchapter and a provision of Chapter 252 or 262, an issuer may use either provision, and it is not necessary for the governing body to designate the law under which action is being taken.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1999, 76th Leg., ch. 1064, Sec. 39, eff. Sept. 1, 1999.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 285 (H.B. 1694), Sec. 19, 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 C. Certificate of Obligation Act › Section 271.044. Subchapter Available to Certain Municipalities

Sec. 271.044.  SUBCHAPTER AVAILABLE TO CERTAIN MUNICIPALITIES.  (a)  A municipality may use this subchapter only if the municipality:
(1)  is incorporated under the home-rule amendment to the constitution (Article XI, Section 5, of the Texas Constitution);  or
(2)  is incorporated under a general or special law and the municipality has the authority to levy an ad valorem tax of not less than $1.50 on each $100 valuation of taxable property in the municipality.
(b)  A home-rule municipality may use this subchapter regardless of any provision in the municipality's charter to the contrary.
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 271.046. Additional Purposes for Certificates

Sec. 271.046.  ADDITIONAL PURPOSES FOR CERTIFICATES.  (a)  Certificates may be issued for the payment of contractual obligations to be incurred in:
(1)  constructing or equipping a jail;
(2)  constructing, renovating, or otherwise improving a county-owned building;  or
(3)  constructing a bridge that is part of or connected to a county road or an approach to such a bridge.
(b)  Certificates issued under this section may be sold for cash, subject to the restrictions and other conditions of Section 271.050.
(c)  The provisions of this subchapter relating to advertisement for competitive bids apply to contractual obligations to be incurred for a purpose for which certificates are to be issued under this section.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1989, 71st Leg., ch. 648, Sec. 1, eff. June 14, 1989.
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 271.0461. Additional Purpose for Certificates: Demolition of Dangerous Structures or Restoration of Historic Structures

Sec. 271.0461.  ADDITIONAL PURPOSE FOR CERTIFICATES:  DEMOLITION OF DANGEROUS STRUCTURES OR RESTORATION OF HISTORIC STRUCTURES.  Certificates may be issued by any municipality for the payment of contractual obligations to be incurred in demolishing dangerous structures or restoring historic structures and may be sold for cash, subject to the restrictions and other conditions of Section 271.050.
Added by Acts 1989, 71st Leg., ch. 459, Sec. 1, eff. Aug. 28, 1989.  Amended by Acts 1997, 75th Leg., ch. 1056, Sec. 1, eff. June 19, 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 C. Certificate of Obligation Act › Section 271.047. Authorization of Certificates by Ordinance or Order; Other Provisions in Certificates

Sec. 271.047.  AUTHORIZATION OF CERTIFICATES BY ORDINANCE OR ORDER;  OTHER PROVISIONS IN CERTIFICATES.  (a)  Certificates may be authorized by an ordinance adopted by the governing body of a municipality, or by an order adopted by the governing body of a county after compliance with the quorum requirements prescribed by Section 81.006.
(b)  The governing body may:
(1)  make the certificates payable at times and places determined by the governing body;
(2)  issue the certificates in forms and one or more denominations, either in coupon form or registered as to principal and interest, or both;
(3)  make the certificates contain options for redemption before scheduled maturity;  and
(4)  make the certificates contain any other provisions the governing body desires.
(c)  A certificate may not mature over a period greater than 40 years from the date of the certificate and may not bear interest at a rate greater than that allowed by Chapter 1204, Government Code.
(d)  Except as provided by this subsection, the governing body of an issuer may not authorize a certificate to pay a contractual obligation to be incurred if a bond proposition to authorize the issuance of bonds for the same purpose was submitted to the voters during the preceding three years and failed to be approved.  A governing body may authorize a certificate that the governing body is otherwise prohibited from authorizing under this subsection:
(1)  in a case described by Sections 271.056(1)-(3); and
(2)  to comply with a state or federal law, rule, or regulation if the political subdivision has been officially notified of noncompliance with the law, rule, or regulation.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 8.294, eff. Sept. 1, 2001.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 923 (H.B. 1378), Sec. 2, eff. January 1, 2016.
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 271.048. Claims and Accounts; Funding and Exchange

Sec. 271.048.  CLAIMS AND ACCOUNTS;  FUNDING AND EXCHANGE.  (a)  A governing body may provide that claims and accounts may, after certificates are authorized, be incurred for authorized purposes and that the claims and accounts represent an undivided interest in the certificates simultaneously authorized.  The governing body may also provide for the funding or exchange of the claims and accounts for a like total principal amount of the certificates, with any amount in excess of the principal amount of the certificates delivered at one time to be paid in cash or carried forward to a subsequent exchange of claims and accounts for certificates.
(b)  The authorization of certificates and the indebtedness they evidence may occur before the execution of a contract under this subchapter.
(c)  This section does not create any exception to the competitive bidding requirements of this subchapter.
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 271.050. Sale of Certificates

Sec. 271.050.  SALE OF CERTIFICATES.  (a)  The governing body may sell for cash any certificates authorized to be issued for one or more purposes described by Section 271.056.
(b)  The proceeds may be used only for the purposes for which the certificates were authorized and issued.  The proceeds may be used to pay for work done by employees of the issuer that are hired for the specific purpose of performing work on the project.  The proceeds may be used to pay for work done by other employees of the issuer only if the issuer incurs equivalent or greater costs to replace the normal work that would have otherwise been performed by the employees. The proceeds may not be used to reimburse the issuer for costs that are determined to be indirect costs under generally accepted accounting principles.   Any accrued interest received must be deposited in the interest and sinking fund established for the payment of the certificates.
(c)  A certified copy of the proceedings relating to the authorization of the certificates must be submitted to the attorney general and must be approved by the attorney general as having been authorized in accordance with this subchapter.  The attorney general shall examine the proceedings relating to the authorization of the certificates.  Subtitles A and C, Title 9, Government Code, and Chapter 618, Government Code, govern the execution, approval, registration, and validity of the certificates.  After registration of the certificates by the comptroller, the certificates are incontestable for any cause.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 8.296, eff. Sept. 1, 2001.
Amended by:
Acts 2005, 79th Leg., Ch. 554 (H.B. 1232), Sec. 2, eff. June 17, 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 C. Certificate of Obligation Act › Section 271.051. Certificates as Investments or as Security for Deposits

Sec. 271.051.  CERTIFICATES AS INVESTMENTS OR AS SECURITY FOR DEPOSITS.  (a)  Certificates approved by the attorney general are legal and authorized investments for:
(1)  banks, savings banks, trust companies, and savings and loan associations;
(2)  insurance companies;
(3)  fiduciaries, trustees, and guardians;  and
(4)  sinking funds of municipalities, counties, school districts, or other political corporations or subdivisions of the state.
(b)  Certificates approved by the attorney general are eligible to secure deposits of public funds of the state or a municipality, county, school district, or other political corporation or subdivision of the state.  The certificates are sufficient security for the deposits to the extent of the face value of the certificates, if accompanied by any appurtenant unmatured interest coupons.
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 271.052. Certificates Payable From and Secured by Other Revenues

Sec. 271.052.  CERTIFICATES PAYABLE FROM AND SECURED BY OTHER REVENUES.  (a)  The governing body, instead of or in addition to other methods of payment provided by this subchapter, may provide that certificates will be paid from and secured by other revenues if the issuer is authorized by the state constitution or other statutes to secure or pay any kind of general or special obligation by or from those revenues.
(b)  The issuer may deliver certificates secured under this section in exchange for services or property in the same manner and with the same effect as otherwise provided by this subchapter or may sell the certificates for cash.
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 271.0525. Refinancing Certificates Issued by County

Sec. 271.0525.  REFINANCING CERTIFICATES ISSUED BY COUNTY.  (a)  A county may not issue certificates to refinance or refund the debt evidenced by certificates issued by the county unless the county complies with the notice requirements of Sections 271.049(a) and (b) for the issuance of certificates.
(b)  If, before the date tentatively set for the authorization of refinancing certificates, the county clerk receives a petition that meets the requirements of Subsection (c) protesting the issuance of the refinancing certificates, the county may not authorize the issuance of the refinancing certificates unless the issuance is approved at an election ordered, held, and conducted in the manner provided for bond elections under Chapter 1251, Government Code.
(c)  A petition to protest the issuance of refinancing certificates under this section must be signed by a number of qualified voters, residing in the county, equal to at least five percent of the number of votes cast in that county for governor in the most recent general election at which that office was filled.
Added by Acts 1989, 71st Leg., ch. 961, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 8.297, 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 C. Certificate of Obligation Act › Section 271.053. Certificates as Debt and Security

Sec. 271.053.  CERTIFICATES AS DEBT AND SECURITY.  Certificates are debts of the issuer within the meaning of Article XI, Sections 5 and 7, of the Texas Constitution.  When delivered, certificates are "security" within the meaning of Chapter 8, Business & Commerce Code, and are general obligations of the issuer within the meaning of Subchapters A and D, Chapter 1207, Government Code.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 8.298, 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 C. Certificate of Obligation Act › Section 271.054. Competitive Procurement Requirement

Sec. 271.054.  COMPETITIVE PROCUREMENT REQUIREMENT.  Before the governing body of an issuer may enter into a contract requiring an expenditure by or imposing an obligation or liability on the issuer, or on a subdivision of the issuer if the issuer is a county, of more than $50,000, the governing body must:
(1)  submit the proposed contract to competitive procurement; or
(2)  use an alternate method of project delivery authorized by Chapter 2269, Government Code.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1993, 73rd Leg., ch. 757, Sec. 15, eff. Sept. 1, 1993;  Acts 2001, 77th Leg., ch. 675, Sec. 1, eff. June 13, 2001.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 1266 (H.B. 987), Sec. 7, eff. June 19, 2009.
Acts 2011, 82nd Leg., R.S., Ch. 1129 (H.B. 628), Sec. 2.10, eff. September 1, 2011.
Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093), Sec. 22.002(24), 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 271.056. Exemptions From Advertisement Requirement

Sec. 271.056.  EXEMPTIONS FROM ADVERTISEMENT REQUIREMENT.  The provisions of this subchapter relating to the advertisement for competitive bids do not apply to:
(1)  a case of public calamity if it is necessary to act promptly to relieve the necessity of the residents or to preserve the property of the issuer;
(2)  a case in which it is necessary to preserve or protect the public health of the residents of the issuer;
(3)  a case of unforeseen damage to public machinery, equipment, or other property;
(4)  a contract for personal or professional services;
(5)  work done by employees of the issuer and paid for as the work progresses;
(6)  the purchase of any land, building, existing utility system, or right-of-way for authorized needs and purposes;
(7)  expenditures for or relating to improvements in municipal water systems, sewer systems, streets, or drainage, if at least one-third of the cost of the improvements is to be paid by special assessments levied against properties to be benefitted by the improvements;
(8)  a case in which the entire contractual obligation is to be paid from bond funds or current funds or in which an advertisement for bids has previously been published in accordance with this subchapter but the current funds or bond funds are not adequate to permit the awarding of the contract and certificates are to be awarded to provide for the deficiency;
(9)  the sale of a public security, as that term is defined by Section 1204.001, Government Code;
(10)  a municipal procurement of a kind that, under Chapter 252, is not required to be made in accordance with competitive bidding procedures like those prescribed by this subchapter;  or
(11)  a county contract that, under the County Purchasing Act (Subchapter C, Chapter 262), is not required to be made in accordance with competitive bidding procedures like those prescribed by this subchapter.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 2001, 77th Leg., ch. 402, Sec. 16, eff. Sept. 1, 2001;  Acts 2001, 77th Leg., ch. 1420, Sec. 8.298, 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 C. Certificate of Obligation Act › Section 271.0565. Pre-Bid Conference

Sec. 271.0565.  PRE-BID CONFERENCE.  (a)  The commissioners court of a county or the governing body of a district or authority created under Section 59, Article XVI, Texas Constitution, if the governing body is the commissioners court of the county in which the district is located, may require a principal, officer, or employee of each prospective bidder to attend a mandatory pre-bid conference conducted for the purpose of discussing contract requirements and answering questions of prospective bidders.
(b)  After a conference is conducted under Subsection (a), any additional required notice for the proposed contract may be sent by certified mail, return receipt requested, only to prospective bidders who attended the conference.  Notice under this subsection is not subject to the requirements of Section 271.055.
Added by Acts 2001, 77th Leg., ch. 255, Sec. 3, eff. May 22, 2001.  Amended by Acts 2003, 78th Leg., ch. 660, Sec. 2, eff. Sept. 1, 2003.
Reenacted and amended by Acts 2005, 79th Leg., Ch. 728 (H.B. 2018), Sec. 13.001, 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 C. Certificate of Obligation Act › Section 271.057. Award of Contract

Sec. 271.057.  AWARD OF CONTRACT.  (a)  Except as provided by Subsection (b), a contract let under this subchapter for the construction of public works or the purchase of materials, equipment, supplies, or machinery and for which competitive bidding is required by this subchapter must be let to the lowest responsible bidder and, as the governing body determines, may be let on a lump-sum basis or unit price basis.
(b)  The commissioners court may condition acceptance of a bid on compliance with a requirement for attendance at a mandatory pre-bid conference under Section 271.0565.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 2001, 77th Leg., ch. 255, Sec. 4, eff. May 22, 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 C. Certificate of Obligation Act › Section 271.058. Authority to Reject Bids

Sec. 271.058.  AUTHORITY TO REJECT BIDS.  The governing body may reject any and all bids submitted for a contract for which competitive bidding is required by this subchapter.
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 271.059. Contractor's Bonds

Sec. 271.059.  CONTRACTOR'S BONDS.  If a contract is for the construction of public works and is required by this subchapter to be submitted to competitive bidding, the successful bidder must execute a good and sufficient payment bond and performance bond.  The bonds must each be:
(1)  in the full amount of the contract price;  and
(2)  executed, in accordance with Chapter 2253, Government Code, with a surety company authorized to do business in this state.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 5.95(17), eff. Sept. 1, 1995.