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 262 - Purchasing and Contracting Authority of Counties › Subchapter A. General Provisions › Section 262.003. Small, Sole-Source Purchase Exempt From Competitive Bidding

Sec. 262.003.  SMALL, SOLE-SOURCE PURCHASE EXEMPT FROM COMPETITIVE BIDDING.  (a)  Any law that requires a county to follow a competitive procurement procedure in making a purchase requiring the expenditure of $50,000 or less does not apply to the purchase of an item available for purchase from only one supplier.
(b)  If a county makes a purchase covered by Subsection (a), the county auditor or other appropriate county officer or employee may not refuse payment for the purchase because a competitive bidding procedure was not followed.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1993, 73rd Leg., ch. 757, Sec. 12, eff. Sept. 1, 1993;  Acts 2001, 77th Leg., ch. 115, Sec. 4, eff. Sept. 1, 2001.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 1266 (H.B. 987), Sec. 3, eff. June 19, 2009.
2023 Texas Statutes › Local Government Code › Title 8 - Acquisition, Sale, or Lease of Property › Subtitle B - County Acquisition, Sale, or Lease of Property › Chapter 262 - Purchasing and Contracting Authority of Counties › Subchapter A. General Provisions › Section 262.004. Contract and Other Instruments Vest Rights in County; Suit on Contract or Other Instrument

Sec. 262.004.  CONTRACT AND OTHER INSTRUMENTS VEST RIGHTS IN COUNTY;  SUIT ON CONTRACT OR OTHER INSTRUMENT.  (a)  A note, bond, bill, contract, covenant, agreement, or writing in which a person is bound to a county, to the court or commissioners of a county, or to another person for the payment of a debt or for the performance of a duty or another action for the county vests in the county the same right, interest, or action that would vest in any other person if the contract had been made with that other person.
(b)  A suit may be initiated and prosecuted on an instrument covered by Subsection (a) in the name of a county, or in the name of the person to whom the document was made for the use of the county, in the same manner that any other person may sue on a similar document made to that person.
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 B - County Acquisition, Sale, or Lease of Property › Chapter 262 - Purchasing and Contracting Authority of Counties › Subchapter A. General Provisions › Section 262.005. Application of Other Law

Sec. 262.005.  APPLICATION OF OTHER LAW.  The purchasing requirements of Section 361.426, Health and Safety Code, apply to county purchases made under this chapter.
Added by Acts 1991, 72nd Leg., ch. 303, Sec. 18, eff. Sept. 1, 1991.
2023 Texas Statutes › Local Government Code › Title 8 - Acquisition, Sale, or Lease of Property › Subtitle B - County Acquisition, Sale, or Lease of Property › Chapter 262 - Purchasing and Contracting Authority of Counties › Subchapter A. General Provisions › Section 262.006. Least Cost Review Program

Sec. 262.006.  LEAST COST REVIEW PROGRAM.  The commissioners court of a county may establish a least cost review program for public improvements to be constructed by the use of personnel, equipment, or facilities of the county that may exceed a cost of:
(1)  $100,000;  or
(2)  an amount less than $100,000 as determined by the commissioners court.
Added by Acts 1999, 76th Leg., ch. 62, Sec. 13.11(f), eff. Sept. 1, 1999.
2023 Texas Statutes › Local Government Code › Title 8 - Acquisition, Sale, or Lease of Property › Subtitle B - County Acquisition, Sale, or Lease of Property › Chapter 262 - Purchasing and Contracting Authority of Counties › Subchapter A. General Provisions › Section 262.007. Suit Against County Arising Under Certain Contracts

Sec. 262.007.  SUIT AGAINST COUNTY ARISING UNDER CERTAIN CONTRACTS.  (a)   A county that is a party to a written contract for engineering, architectural, or construction services or for goods related to engineering, architectural, or construction services may sue or be sued, plead or be impleaded, or defend or be defended on a claim arising under the contract.  A suit on the contract brought by a county shall be brought in the name of the county.  A suit on the contract brought against a county shall identify the county by name and must be brought in a state court in that county.
(b)  The total amount of money recoverable from a county on a claim for breach of the contract is limited to the following:
(1)  the balance due and owed by the county under the contract as it may have been amended, including any amount owed as compensation for the increased cost to perform the work as a direct result of owner-caused delays or acceleration;
(2)  the amount owed for change orders or additional work required to carry out the contract;
(3)  reasonable and necessary attorney's fees that are equitable and just;  and
(4)  interest as allowed by law.
(c)  An award of damages under this section may not include:
(1)  consequential damages, except as allowed under Subsection (b)(1);
(2)  exemplary damages;  or
(3)  damages for unabsorbed home office overhead.
(d)  This section does not waive a defense or a limitation on damages available to a party to a contract, other than a bar against suit based on sovereign immunity.
(e)  This section does not waive sovereign immunity to suit in federal court.
Acts 2003, 78th Leg., ch. 1203, Sec. 2, eff. Sept. 1, 2003.
2023 Texas Statutes › Local Government Code › Title 8 - Acquisition, Sale, or Lease of Property › Subtitle B - County Acquisition, Sale, or Lease of Property › Chapter 262 - Purchasing and Contracting Authority of Counties › Subchapter B. Purchasing Agents › Section 262.0115. Purchasing Agents in Counties With Population of More Than 100,000

Sec. 262.0115.  PURCHASING AGENTS IN COUNTIES WITH POPULATION OF MORE THAN 100,000.  (a)  In a county with a population of more than 100,000, the commissioners court may employ a person to act as county purchasing agent.  However, this section does not apply to a county that has appointed a purchasing agent under Section 262.011 and that has not abolished the position as authorized by law.
(b)  A purchasing agent employed under this section serves at the pleasure of the commissioners court.
(c)  The commissioners court may employ other persons necessary to assist the purchasing agent in performing the agent's functions.
(d)  Under the supervision of the commissioners court, the purchasing agent shall carry out the functions prescribed by law for a purchasing agent under Section 262.011 and for any administrative function of the county auditor in regard to county purchases and contracts and shall administer the procedures prescribed by law for notice and public bidding for county purchases and contracts.
(e)  A county that has established the position of county purchasing agent under this section may abolish the position at any time.  On the abolition of the position, the county auditor shall assume the functions previously performed by the purchasing agent regarding the notice for and opening of competitive bids or proposals under this chapter and Chapter 271.
Added by Acts 1989, 71st Leg., ch. 1, Sec. 11(g), eff. Aug. 28, 1989.  Amended by Acts 1995, 74th Leg., ch. 63, Sec. 1, eff. May 9, 1995;  Acts 1999, 76th Leg., ch. 369, Sec. 1, eff. May 29, 1999.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 285 (H.B. 1694), Sec. 2, eff. September 1, 2011.
2023 Texas Statutes › Local Government Code › Title 8 - Acquisition, Sale, or Lease of Property › Subtitle B - County Acquisition, Sale, or Lease of Property › Chapter 262 - Purchasing and Contracting Authority of Counties › Subchapter B. Purchasing Agents › Section 262.012. County Auditors as Purchasing Agents in Certain Counties

Sec. 262.012.  COUNTY AUDITORS AS PURCHASING AGENTS IN CERTAIN COUNTIES.  (a)  The commissioners court of a county that employs a county auditor jointly with one or more counties under Section 84.008 may require the auditor to act as the purchasing agent for the county, in addition to performing the regular duties of the auditor as required by law.
(b)  In a county with a population of 41,680 to 42,100, the county auditor shall act as the purchasing agent for the county in addition to performing the regular duties of the auditor as required by law.
(c)  This section applies only to a county in which a county purchasing agent has not been appointed under Section 262.011.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1989, 71st Leg., ch. 561, Sec. 3, eff. Aug. 28, 1989;  Acts 1989, 71st Leg., ch. 1250, Sec. 7, eff. Sept. 1, 1989;  Acts 1991, 72nd Leg., ch. 204, Sec. 1, eff. Sept. 1, 1991.
2023 Texas Statutes › Local Government Code › Title 8 - Acquisition, Sale, or Lease of Property › Subtitle B - County Acquisition, Sale, or Lease of Property › Chapter 262 - Purchasing and Contracting Authority of Counties › Subchapter C. Competitive Bidding in General › Section 262.021. Short Title

Sec. 262.021.  SHORT TITLE.  This subchapter may be cited as the County Purchasing Act.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
2023 Texas Statutes › Local Government Code › Title 8 - Acquisition, Sale, or Lease of Property › Subtitle B - County Acquisition, Sale, or Lease of Property › Chapter 262 - Purchasing and Contracting Authority of Counties › Subchapter C. Competitive Bidding in General › Section 262.022. Definitions

Sec. 262.022.  DEFINITIONS.  In this subchapter:
(1)  "Bond funds" means money in the county treasury received from the sale of bonds, and proceeds of bonds that have been voted but that have not been issued and delivered.
(2)  "Component purchases" means purchases of the component parts of an item that in normal purchasing practices would be purchased in one purchase.
(3)  "Current funds" means funds in the county treasury that are available in the current tax year, revenue that may be anticipated with reasonable certainty to come into the county treasury during the current tax year, and emergency funds.
(4)  "High technology item" means a service, equipment, or good of a highly technical nature, including:
(A)  data processing equipment and software and firmware used in conjunction with data processing equipment;
(B)  telecommunications, radio, and microwave systems;
(C)  electronic distributed control systems, including building energy management systems;  and
(D)  technical services related to those items.
(5)  "Item" means any service, equipment, good, or other tangible or intangible personal property, including insurance and high technology items.  The term does not include professional services as defined by Section 2254.002, Government Code.
(5-a)  "Lowest and best" means a bid or offer providing the best value considering associated direct and indirect costs, including transport, maintenance, reliability, life cycle, warranties, and customer service after a sale.
(5-b)  "Normal purchasing practice" means:
(A)  an accepted custom, practice, or standard for government procurement in the state; or
(B)  a practice recognized by a national purchasing association regarding the purchase of a particular good or service.
(6)  "Purchase" means any kind of acquisition, including by a lease or revenue contract.
(7)  "Separate purchases" means purchases, made separately, of items that in normal purchasing practices would be purchased in one purchase.
(8)  "Sequential purchases" means purchases, made over a period, of items that in normal purchasing practices would be purchased in one purchase.
(9)  "Time warrant" means any warrant issued by a county that is not payable out of current funds.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1989, 71st Leg., ch. 1, Sec. 59(b), eff. Aug. 28, 1989;  Acts 1989, 71st. Leg., ch. 1250, Sec. 8(a), eff. Sept. 1, 1989.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 285 (H.B. 1694), Sec. 3, eff. September 1, 2011.
2023 Texas Statutes › Local Government Code › Title 8 - Acquisition, Sale, or Lease of Property › Subtitle B - County Acquisition, Sale, or Lease of Property › Chapter 262 - Purchasing and Contracting Authority of Counties › Subchapter C. Competitive Bidding in General › Section 262.0225. Additional Competitive Procedures

Sec. 262.0225.  ADDITIONAL COMPETITIVE PROCEDURES.  (a)  In the procedure for competitive bidding under this subchapter, the commissioners court of the county shall provide all bidders with the opportunity to bid on the same items on equal terms and have bids judged according to the same standards as set forth in the specifications.
(b)  A county shall receive bids or proposals under this subchapter in a fair and confidential manner.
(c)  A county may receive bids or proposals under this subchapter in hard-copy format or through electronic transmission.  Except as provided by Subsection (c-1), a county shall accept any bids or proposals submitted in hard-copy format.
(c-1)  The commissioners court of a county may by order require submission of bids or proposals under this subchapter through electronic transmission if the county makes available all technology necessary to submit a bid or proposal through electronic transmission to any person who submits a hard-copy bid or proposal in person.
(d)  A county that complies in good faith with the competitive bidding requirements of this chapter and receives no responsive bids for an item may procure the item under Section 262.0245.
Added by Acts 2001, 77th Leg., ch. 1063, Sec. 1, eff. Sept. 1, 2001.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 285 (H.B. 1694), Sec. 4, eff. September 1, 2011.
Acts 2021, 87th Leg., R.S., Ch. 11 (H.B. 362), Sec. 1, eff. May 15, 2021.
2023 Texas Statutes › Local Government Code › Title 8 - Acquisition, Sale, or Lease of Property › Subtitle B - County Acquisition, Sale, or Lease of Property › Chapter 262 - Purchasing and Contracting Authority of Counties › Subchapter C. Competitive Bidding in General › Section 262.0235. Procedures Adopted by County Purchasing Agents for Electronic Bids or Proposals

Sec. 262.0235.  PROCEDURES ADOPTED BY COUNTY PURCHASING AGENTS FOR ELECTRONIC BIDS OR PROPOSALS.  The county purchasing agent, before receiving electronic bids or proposals, shall adopt rules in conformance with Section 262.011(o) to ensure the identification, security, and confidentiality of electronic bids or proposals.
Added by Acts 2001, 77th Leg., ch. 1063, Sec. 3, eff. Sept. 1, 2001.
2023 Texas Statutes › Local Government Code › Title 8 - Acquisition, Sale, or Lease of Property › Subtitle B - County Acquisition, Sale, or Lease of Property › Chapter 262 - Purchasing and Contracting Authority of Counties › Subchapter C. Competitive Bidding in General › Section 262.0241. Mandatory Exemptions: Certain Recreational Services

Sec. 262.0241.  MANDATORY EXEMPTIONS:  CERTAIN RECREATIONAL SERVICES.  (a)  This section applies only to a county that:
(1)  has a population of 20,000 or less;  and
(2)  owns not more than one golf course open for public use.
(b)  The competitive bidding and competitive proposal procedures prescribed by this subchapter do not apply to the purchase of:
(1)  management services for:
(A)  a county-owned golf course;  or
(B)  a retail facility owned by the county and located on the premises of the golf course;  and
(2)  landscape maintenance services for a county-owned golf course.
Added by Acts 2001, 77th Leg., ch. 1065, Sec. 2, eff. June 15, 2001.
2023 Texas Statutes › Local Government Code › Title 8 - Acquisition, Sale, or Lease of Property › Subtitle B - County Acquisition, Sale, or Lease of Property › Chapter 262 - Purchasing and Contracting Authority of Counties › Subchapter C. Competitive Bidding in General › Section 262.0245. Competitive Procurement Procedures Adopted by County Purchasing Agents or Commissioners Court

Sec. 262.0245.  COMPETITIVE PROCUREMENT PROCEDURES ADOPTED BY COUNTY PURCHASING AGENTS OR COMMISSIONERS COURT.  A county purchasing agent or, in a county without a purchasing agent, the commissioners court shall adopt procedures that provide for competitive procurement, to the extent practicable under the circumstances, for the county purchase of an item that is not subject to competitive procurement or for which the county receives no responsive bid.
Added by Acts 1991, 72nd Leg., ch. 16, Sec. 13.02(c), eff. Aug. 26, 1991.  Renumbered from Sec. 262.0241 by Acts 2001, 77th Leg., ch. 1065, Sec. 2, eff;  June 15, 2001.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 1266 (H.B. 987), Sec. 5, eff. June 19, 2009.
Acts 2011, 82nd Leg., R.S., Ch. 285 (H.B. 1694), Sec. 5, eff. September 1, 2011.
2023 Texas Statutes › Local Government Code › Title 8 - Acquisition, Sale, or Lease of Property › Subtitle B - County Acquisition, Sale, or Lease of Property › Chapter 262 - Purchasing and Contracting Authority of Counties › Subchapter C. Competitive Bidding in General › Section 262.025. Competitive Bidding Notice

Sec. 262.025.  COMPETITIVE BIDDING NOTICE.  (a)   A notice of a proposed purchase must be published at least once a week for two consecutive weeks in a newspaper of general circulation in the county, with the first day of publication occurring at least 14 days before the date of the bid opening.  If there is no newspaper of general circulation in the county, the notice must be posted in a prominent place in the courthouse for 14 days before the date of the bid opening.  Notice published in a newspaper must include:
(1)  a general statement of the proposed purchase;
(2)  the name and telephone number of the purchasing agent; and
(3)  the county website address, if any.
(a-1)  Subsection (a) does not require more than two notices in one newspaper or limit the county from providing additional notice for longer periods or in more locations.
(b)  The notice must include:
(1)  the specifications describing the item to be purchased or a statement of where the specifications may be obtained;
(2)  the time and place for receiving and opening bids and the name and position of the county official or employee to whom the bids are to be sent;
(3)  whether the bidder should use lump-sum or unit pricing;
(4)  the method of payment by the county;  and
(5)  the type of bond required by the bidder.
(c)  If any part of the payment for a proposed purchase will be made through time warrants, the notice also must include a statement of the maximum amount of time warrant indebtedness, the rate of interest on the time warrants, and the maximum maturity date of the time warrants.
(d)  In a county with a population of 3.3 million or more, the county and any district or authority created under Article XVI, Section 59, of the Texas Constitution of which the governing body is the commissioners court may require that a minimum of 25 percent of the work be performed by the bidder and, notwithstanding any other law to the contrary, may establish financial criteria for the surety companies that provide payment and performance bonds.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1989, 71st Leg., ch. 1019, Sec. 1, eff. Aug. 28, 1989;  Acts 2001, 77th Leg., ch. 669, Sec. 78, eff. Sept. 1, 2001.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 285 (H.B. 1694), Sec. 6, eff. September 1, 2011.
2023 Texas Statutes › Local Government Code › Title 8 - Acquisition, Sale, or Lease of Property › Subtitle B - County Acquisition, Sale, or Lease of Property › Chapter 262 - Purchasing and Contracting Authority of Counties › Subchapter C. Competitive Bidding in General › Section 262.0255. Additional Notice and Bond Provisions Relating to Purchase of Certain Equipment

Sec. 262.0255.  ADDITIONAL NOTICE AND BOND PROVISIONS RELATING TO PURCHASE OF CERTAIN EQUIPMENT.  (a)  A notice of a proposed purchase of earth-moving, material-handling, road maintenance, or construction equipment under Section 262.025 may include a request for information about the costs of the repair, maintenance, or repurchase of the equipment.
(b)  The commissioners court may require the bidder to furnish, to the county in a contract for the purchase of the equipment, a bond to cover the repurchase costs of the equipment.
(c)  A commissioners court purchasing personal property under Section 271.083 of this code or Section 791.025, Government Code, may negotiate with a vendor awarded a cooperative contract under those sections an agreement for the vendor to purchase or accept as trade used equipment owned by the county.
Added by Acts 1991, 72nd Leg., ch. 416, Sec. 1, eff. Sept. 1, 1991.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 285 (H.B. 1694), Sec. 7, eff. September 1, 2011.
2023 Texas Statutes › Local Government Code › Title 8 - Acquisition, Sale, or Lease of Property › Subtitle B - County Acquisition, Sale, or Lease of Property › Chapter 262 - Purchasing and Contracting Authority of Counties › Subchapter C. Competitive Bidding in General › Section 262.0256. Pre-Bid Conference for Certain Counties or a District Governed by Those Counties

Sec. 262.0256.  PRE-BID CONFERENCE FOR CERTAIN COUNTIES OR A DISTRICT GOVERNED BY THOSE COUNTIES.  (a)   The commissioners court of the county or the governing body of a district or authority created under Section 59, Article XVI, Texas Constitution, if the governing body is the commissioners court of the county in which the district is located, may require a principal, officer, or employee of each prospective bidder to attend a mandatory pre-bid conference conducted for the purpose of discussing contract requirements and answering questions of prospective bidders.
(b)  After a conference is conducted under Subsection (a), any additional required notice for the proposed purchase may be sent by certified mail, return receipt requested, only to prospective bidders who attended the conference.  Notice under this subsection is not subject to the requirements of Section 262.025.
Reenacted and amended by Acts 2011, 82nd Leg., R.S., Ch. 285 (H.B. 1694), Sec. 8, eff. September 1, 2011.
2023 Texas Statutes › Local Government Code › Title 8 - Acquisition, Sale, or Lease of Property › Subtitle B - County Acquisition, Sale, or Lease of Property › Chapter 262 - Purchasing and Contracting Authority of Counties › Subchapter C. Competitive Bidding in General › Section 262.026. Opening of Bids

Sec. 262.026.  OPENING OF BIDS.  (a)  The county official who makes purchases for the county shall open the bids on the date specified in the notice.  The date specified in the notice may be extended if the commissioners court determines that the extension is in the best interest of the county.  All bids, including those received before an extension is made, must be opened at the same time.  The commissioners court may adopt an order that delegates the authority to make extensions under this subsection to the county official who makes purchases for the county.
(b)  Opened bids shall be kept on file and available for inspection by anyone desiring to see them until the first anniversary of the date of opening.  Opened bids are subject to disclosure under Chapter 552, Government Code.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1999, 76th Leg., ch. 505, Sec. 3, eff. Sept. 1, 1999.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 285 (H.B. 1694), Sec. 9, eff. September 1, 2011.
2023 Texas Statutes › Local Government Code › Title 8 - Acquisition, Sale, or Lease of Property › Subtitle B - County Acquisition, Sale, or Lease of Property › Chapter 262 - Purchasing and Contracting Authority of Counties › Subchapter C. Competitive Bidding in General › Section 262.027. Awarding of Contract

Sec. 262.027.  AWARDING OF CONTRACT.  (a)  The officer in charge of opening the bids shall present them to the commissioners court in session.  Except as provided by Subsection (e), the court shall:
(1)  award the contract to the responsible bidder who submits the lowest and best bid;  or
(2)  reject all bids and publish a new notice.
(b)  If two responsible bidders submit the lowest and best bid, the commissioners court shall decide between the two by drawing lots in a manner prescribed by the county judge.
(c)  A contract may not be awarded to a bidder who is not the lowest dollar bidder meeting specifications unless, before the award, each lower bidder is given:
(1)  notice of the proposed award; and
(2)  an opportunity to appear before the commissioners court and present previously unconsidered evidence concerning the lower bid as best, which may include evidence of the bidder's responsibility.
(d)  In determining the lowest and best bid for a contract for the purchase of earth-moving, material-handling, road maintenance, or construction equipment, the commissioners court may consider the information submitted under Section 262.0255.
(e)  In determining the lowest and best bid for a contract for the purchase of road construction material, the commissioners court may consider the pickup and delivery locations of the bidders and the cost to the county of delivering or hauling the material to be purchased.  The commissioners court may award contracts for the purchase of road construction material to more than one bidder if each of the selected bidders submits the lowest and best bid for a particular location or type of material.
(f)  Notwithstanding any other requirement of this section, the commissioners court may condition acceptance of a bid on compliance with a requirement for attendance at a mandatory pre-bid conference under Section 262.0256.
(g)  If after the award the successful bidder fails to qualify for required bonds, or is otherwise unable to meet the requirements of the award, the commissioners court may award the contract to the next bidder in order of ranking as lowest and best bid.
(h)  Before a contract is awarded, a bidder must give written notice to the officer authorized to open bids that the bidder intends to protest an award of the contract under Subsection (c). This subsection does not limit the ability of a bidder to speak at a public meeting of the commissioners court under rules established by the court.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1991, 72nd Leg., ch. 416, Sec. 2, eff. Sept. 1, 1991;  Acts 1993, 73rd Leg., ch. 127, Sec. 1, eff. May 11, 1993;  Acts 2001, 77th Leg., ch. 255, Sec. 2, eff. May 22, 2001.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 285 (H.B. 1694), Sec. 10, eff. September 1, 2011.
2023 Texas Statutes › Local Government Code › Title 8 - Acquisition, Sale, or Lease of Property › Subtitle B - County Acquisition, Sale, or Lease of Property › Chapter 262 - Purchasing and Contracting Authority of Counties › Subchapter C. Competitive Bidding in General › Section 262.0271. Consideration of Health Insurance Provided by Bidder

Sec. 262.0271.  CONSIDERATION OF HEALTH INSURANCE PROVIDED BY BIDDER.  (a)  Repealed by Acts 2011, 82nd Leg., R.S., Ch. 285, Sec. 24, eff. September 1, 2011.
(b)  In purchasing items under this chapter through a competitive bidding process, if a county receives one or more bids from a bidder who provides reasonable health insurance coverage to its employees and requires a subcontractor the bidder intends to use to provide reasonable health insurance coverage to the subcontractor's employees and whose bid is within five percent of the lowest and best bid price received by the county from a bidder who does not provide or require reasonable health insurance coverage, the commissioners court of the county may give preference to the bidder who provides and requires reasonable health insurance coverage.
(c)  This section does not prohibit a county from rejecting all bids.
Added by Acts 2005, 79th Leg., Ch. 1299 (H.B. 2695), Sec. 1, eff. September 1, 2005.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 285 (H.B. 1694), Sec. 11, 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 B - County Acquisition, Sale, or Lease of Property › Chapter 262 - Purchasing and Contracting Authority of Counties › Subchapter C. Competitive Bidding in General › Section 262.0275. Safety Record of Bidder Considered

Sec. 262.0275.  SAFETY RECORD OF BIDDER CONSIDERED.  In determining who is a responsible bidder, the commissioners court 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 commissioners court 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(c), eff. Aug. 28, 1989.
2023 Texas Statutes › Local Government Code › Title 8 - Acquisition, Sale, or Lease of Property › Subtitle B - County Acquisition, Sale, or Lease of Property › Chapter 262 - Purchasing and Contracting Authority of Counties › Subchapter C. Competitive Bidding in General › Section 262.0276. Contract With Person Indebted to County

Sec. 262.0276.  CONTRACT WITH PERSON INDEBTED TO COUNTY.  (a)  By an order adopted and entered in the minutes of the commissioners court and after notice is published in a newspaper of general circulation in the county, the commissioners court may adopt rules permitting the county to refuse to enter into a contract or other transaction with a person who owes a debt to the county.
(b)  It is not a violation of this subchapter for a county, under rules 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 county.
(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 county requiring approval by the commissioners court.
(d)  In this section, "debt" includes delinquent taxes, fines, fees, and delinquencies arising from written agreements with the county.
Added by Acts 2003, 78th Leg., ch. 156, Sec. 2, eff. Sept. 1, 2003.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 285 (H.B. 1694), Sec. 12, eff. September 1, 2011.
2023 Texas Statutes › Local Government Code › Title 8 - Acquisition, Sale, or Lease of Property › Subtitle B - County Acquisition, Sale, or Lease of Property › Chapter 262 - Purchasing and Contracting Authority of Counties › Subchapter C. Competitive Bidding in General › Section 262.028. Lump-Sum or Unit Price Method

Sec. 262.028.  LUMP-SUM OR UNIT PRICE METHOD.  A purchase may be proposed on a lump-sum or unit price basis.  If the county chooses to use unit pricing in its notice, the information furnished bidders must specify the approximate quantities estimated on the best available information, but the compensation paid the bidder must be based on the actual quantities purchased.
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 B - County Acquisition, Sale, or Lease of Property › Chapter 262 - Purchasing and Contracting Authority of Counties › Subchapter C. Competitive Bidding in General › Section 262.029. Time Warrant Election

Sec. 262.029.  TIME WARRANT ELECTION.  If before the date tentatively set for the authorization of the issuance of time warrants applying to a contract covered by this subchapter or if before that authorization a petition signed by at least five percent of the registered voters of the county is filed with the county clerk protesting the issuance of the time warrants, the county may not issue the time warrants unless the issuance is approved at an election ordered and conducted in the manner provided for county bond elections under Chapter 1251, Government Code.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 8.291, eff. Sept. 1, 2001.
2023 Texas Statutes › Local Government Code › Title 8 - Acquisition, Sale, or Lease of Property › Subtitle B - County Acquisition, Sale, or Lease of Property › Chapter 262 - Purchasing and Contracting Authority of Counties › Subchapter C. Competitive Bidding in General › Section 262.0295. Alternative Multistep Competitive Proposal Procedure

Sec. 262.0295.  ALTERNATIVE MULTISTEP COMPETITIVE PROPOSAL PROCEDURE.  (a)  (1) If the county official who makes purchases for the county determines that it is impractical to prepare detailed specifications for an item to support the award of a purchase contract, the official shall notify the commissioners court of such determination.
(2)  Upon a finding by the commissioners court that it is impractical to prepare detailed specifications for an item to support the award of a purchase contract, after a notification of such determination by the county official who makes purchases for the county, the county official who makes purchases for the county may use the multistep competitive proposal procedure provided by this section.
(3)  Repealed by Acts 2011, 82nd Leg., R.S., Ch. 285, Sec. 24, eff. September 1, 2011.
(b)  Quotations must be solicited through a request for proposals.  Public notice for the request for proposals must be made in the same manner as provided in the competitive bidding procedure, except that the notice may include a general description of the item to be purchased, instead of the specifications describing the item or a statement of where the specifications may be obtained, and may request the submission of unpriced proposals.
(c)  On the date specified in the notice, the county official shall open the proposals and, within seven days after that date, solicit by mailed request priced bids from the persons who submitted proposals and who qualified under the criteria stated in the first solicitation.
(d)  Within 30 days after the date the unpriced proposals are opened under Subsection (c), the county official shall present the priced bids to the commissioners court.  The award of the contract shall be made to the responsible offeror whose bid is determined to be the lowest and best evaluated offer resulting from negotiation.  All proposals and bids that have been submitted shall be available and open for public inspection after the contract is awarded.
(e)  As provided in the request for proposals and under rules adopted by the commissioners court, discussion may be conducted with responsible offerors who submit priced bids determined to be reasonably susceptible of being selected for award.  Offerors must be accorded fair and equal treatment with respect to any opportunity for discussion and revision of proposals, and revisions may be permitted after submission and before award for the purpose of obtaining best and final offers.
Added by Acts 1989, 71st Leg., ch. 1250, Sec. 10, eff. Sept. 1, 1989.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 285 (H.B. 1694), Sec. 13, 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 B - County Acquisition, Sale, or Lease of Property › Chapter 262 - Purchasing and Contracting Authority of Counties › Subchapter C. Competitive Bidding in General › Section 262.0305. Modification After Award

Sec. 262.0305.  MODIFICATION AFTER AWARD.  (a)  After award of a contract but before the contract is made, the county official who makes purchases for the county may negotiate a modification of the contract if the modification is in the best interests of the county and does not substantially change the scope of the contract or cause the contract amount to exceed the next lowest bid.
(b)  For the modified contract to be effective, the commissioners court must approve the contract.
Added by Acts 1989, 71st Leg., ch. 1250, Sec. 11, eff. Sept. 1, 1989.
2023 Texas Statutes › Local Government Code › Title 8 - Acquisition, Sale, or Lease of Property › Subtitle B - County Acquisition, Sale, or Lease of Property › Chapter 262 - Purchasing and Contracting Authority of Counties › Subchapter C. Competitive Bidding in General › Section 262.031. Changes in Plans and Specifications

Sec. 262.031.  CHANGES IN PLANS AND SPECIFICATIONS.  (a)  If it becomes necessary to make changes in plans, specifications, or proposals after a contract is made or if it becomes necessary to increase or decrease the quantity of items purchased, the commissioners court may make the changes.  However, the total contract price may not be increased unless the cost of the change can be paid from available funds.
(b)  If a change order involves an increase or decrease in cost of $50,000 or less, the commissioners court may grant general authority to an employee to approve the change orders.  However, the original contract price may not be increased by more than 25 percent unless the change order is necessary to comply with a federal or state statute, rule, regulation, or judicial decision enacted, adopted, or rendered after the contract was made.  The original contract price may not be decreased by 18 percent or more without the consent of the contractor.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1993, 73rd Leg., ch. 104, Sec. 1, eff. May 7, 1993;  Acts 1993, 73rd Leg., ch. 891, Sec. 1, eff. June 19, 1993;  Acts 1995, 74th Leg., ch. 746, Sec. 4, eff. Aug. 28, 1995.
2023 Texas Statutes › Local Government Code › Title 8 - Acquisition, Sale, or Lease of Property › Subtitle B - County Acquisition, Sale, or Lease of Property › Chapter 262 - Purchasing and Contracting Authority of Counties › Subchapter C. Competitive Bidding in General › Section 262.032. Bid or Performance Bond; Payment Under Contract

Sec. 262.032.  BID OR PERFORMANCE BOND;  PAYMENT UNDER CONTRACT.  (a)  If the contract is for the construction of public works or is under a contract exceeding $100,000, the bid specifications or request for proposals may require the bidder to furnish a good and sufficient bid bond in the amount of five percent of the total contract price.  A bid bond must be executed with a surety company authorized to do business in this state.
(b)  Within 30 days after the date of the signing of a contract or issuance of a purchase order following the acceptance of a bid or proposal and prior to commencement of the actual work, the bidder or proposal offeror shall furnish a performance bond to the county, if required by the county, for the full amount of the contract if that contract exceeds $50,000.  This subsection does not apply to a performance bond required to be furnished by Chapter 2253, Government Code.
(c)  If the contract is for $50,000 or less, the county may provide in the bid notice or request for proposals that no money will be paid to the contractor until completion and acceptance of the work or the fulfillment of the purchase obligation to the county.
(d)  A bidder or proposal offeror whose rates are subject to regulation by a state agency may not be required to furnish a performance bond or a bid bond under this section.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1989, 71st Leg., ch. 1, Sec. 59(e), eff. Aug. 28, 1989;  Acts 1991, 72nd Leg., ch. 109, Sec. 3, eff. Aug. 26, 1991;  Acts 1991, 72nd Leg., ch. 696, Sec. 1, eff. Sept. 1, 1991;  Acts 1993, 73rd Leg., ch. 33, Sec. 1, eff. Aug. 30, 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 B - County Acquisition, Sale, or Lease of Property › Chapter 262 - Purchasing and Contracting Authority of Counties › Subchapter C. Competitive Bidding in General › Section 262.033. Injunction

Sec. 262.033.  INJUNCTION.  Any property tax paying citizen of the county may enjoin performance under a contract made by a county in violation 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 B - County Acquisition, Sale, or Lease of Property › Chapter 262 - Purchasing and Contracting Authority of Counties › Subchapter C. Competitive Bidding in General › Section 262.034. Criminal Penalties

Sec. 262.034.  CRIMINAL PENALTIES.  (a)  A county 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 262.023.  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)  A county officer or employee 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.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1989, 71st Leg., ch. 1250, Sec. 12, eff. Sept. 1, 1989.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 285 (H.B. 1694), Sec. 15, 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 B - County Acquisition, Sale, or Lease of Property › Chapter 262 - Purchasing and Contracting Authority of Counties › Subchapter C. Competitive Bidding in General › Section 262.036. Selection and Retention of Insurance Broker

Sec. 262.036.  SELECTION AND RETENTION OF INSURANCE BROKER.  (a)  Notwithstanding any other provision in this chapter, a county may select an appropriately licensed insurance agent as the sole broker of record to obtain proposals and coverages for insurance that provides necessary coverage and adequate limits of coverage in all areas of risk, including public official liability, property, casualty, workers' compensation, and specific and aggregate stop-loss coverage for self-funded health care.
(b)  The county may retain a broker of record selected under this section only on a fee basis paid by the county.  A broker of record retained in this manner may not directly or indirectly receive any other remuneration, compensation, or other form of payment from any other source for the placement of insurance business under the broker of record contract.
(c)  A broker of record retained under this section may not submit any insurance carrier proposal to the county or direct any county insurance business to an insurance carrier if the broker has a business relationship or proposed business relationship with the carrier, including an appointment, unless the broker first discloses the nature of that relationship or proposed relationship, in writing, to the county.
(d)  A broker who violates this section is subject to any disciplinary remedy available under Chapter 82, Insurance Code, or Section 4005.102, Insurance Code, including license revocation and fine.
Added by Acts 2005, 79th Leg., Ch. 353 (S.B. 1214), Sec. 1, eff. June 17, 2005.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 285 (H.B. 1694), Sec. 16, eff. September 1, 2011.
2023 Texas Statutes › Local Government Code › Title 8 - Acquisition, Sale, or Lease of Property › Subtitle B - County Acquisition, Sale, or Lease of Property › Chapter 262 - Purchasing and Contracting Authority of Counties › Subchapter C. Competitive Bidding in General › Section 262.037. Qualification

Sec. 262.037.  QUALIFICATION.  An officer authorized to make a purchase on behalf of a county or a county department or office may not make any purchase until providing to the county judge a signed acknowledgment that the officer has read and understands this chapter.  This section does not apply in a county that has appointed a purchasing agent under Subchapter B.
Added by Acts 2011, 82nd Leg., R.S., Ch. 285 (H.B. 1694), Sec. 17, eff. September 1, 2011.
2023 Texas Statutes › Local Government Code › Title 8 - Acquisition, Sale, or Lease of Property › Subtitle B - County Acquisition, Sale, or Lease of Property › Chapter 263 - Sale or Lease of Property by Counties › Subchapter A. General Provisions for Real Property › Section 263.001. Sale or Lease of Real Property

Sec. 263.001.  SALE OR LEASE OF REAL PROPERTY.  (a)  The commissioners court of a county, by an order entered in its minutes, may appoint a commissioner to sell or lease real property owned by the county.  The sale or lease must be made at a public auction held in accordance with this section unless this chapter provides otherwise.
(b)  The appointed commissioner must publish notice of the auction before the 20th day before the date the auction is held.  The notice must be published in English in a newspaper in the county in which the real property is located and in the county that owns the real property if not the same county.  The notice must be published once a week for three consecutive weeks before the date the auction is held.
(c)  If the real property is sold, a deed that is made on behalf of the county by the appointed commissioner in conformance with the order entered under Subsection (a) and that is properly acknowledged, proved, and recorded is sufficient to convey the county's interest in the property.
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 B - County Acquisition, Sale, or Lease of Property › Chapter 263 - Sale or Lease of Property by Counties › Subchapter A. General Provisions for Real Property › Section 263.002. Abandoned Seawall or Highway Property

Sec. 263.002.  ABANDONED SEAWALL OR HIGHWAY PROPERTY.  (a)  If abandoned seawall or highway right-of-way property is no longer needed for such a purpose, the county may sell or lease the property only according to the following priorities:
(1)  to an abutting or adjoining landowner;
(2)  to the person who originally granted the right-of-way to the county or the grantor's heirs or assigns;
(3)  exclusively for public use to the United States, this state, or a municipality within the municipal boundaries of which the property is located;  or
(4)  at public auction in accordance with Section 263.001.
(b)  A sale or lease to the public under this section is subject to any restrictions and prohibitions contained in the deed of conveyance under which the county originally acquired title to the property.
(c)  Before the commissioners court of the county sells or leases the property to an abutting or adjoining landowner or to the original grantor or the grantor's heirs or assigns, the commissioners court, in addition to notice published in accordance with Section 263.001, shall appoint an appraiser to determine the fair market value and fair lease value of the property to be sold or leased.  The appraiser shall report those values to the commissioner appointed to sell or lease the property under Section 263.001.  The appointed commissioner may not sell or lease the property for an amount that is less than the reported fair market value or fair lease value, as the case may be.
(d)  Before the commissioner sells or leases the property, the commissioner shall report to the commissioners court the amount of the proposed purchase or lease price.  The commissioners court shall determine whether an offer of sale, purchase, or lease is reasonable and shall accept or reject the offer.  The commissioners court may reject any offer it determines to be unreasonable.
(e)  In addition to the sale price, a purchaser of abandoned seawall or highway right-of-way property must pay all costs of conducting the sale, including the appraisal fee.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.