HB223 - Relating to competitive requirements for a procurement by a municipality for lobbying, government relations, or similar services.

      H.B. No. 223         AN ACT   relating to competitive requirements for a procurement by a   municipality for lobbying, government relations, or similar   services.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 252.022(a), Local Government Code, is   amended to read as follows:          (a)  This chapter does not apply to an expenditure for:                (1)  a procurement made because of a public calamity   that requires the immediate appropriation of money to relieve the   necessity of the municipality's residents or to preserve the   property of the municipality;                (2)  a procurement necessary to preserve or protect the   public health or safety of the municipality's residents;                (3)  a procurement necessary because of unforeseen   damage to public machinery, equipment, or other property;                (4)  a procurement for personal, professional, or   planning services , other than lobbying, government relations, or   similar services intended to directly or indirectly influence state   or federal lawmakers on behalf of a municipality ;                (5)  a procurement for work that is performed and paid   for by the day as the work progresses;                (6)  a purchase of land or a right-of-way;                (7)  a procurement of items that are available from   only one source, including:                      (A)  items that are available from only one source   because of patents, copyrights, secret processes, or natural   monopolies;                      (B)  films, manuscripts, or books;                      (C)  gas, water, and other utility services;                      (D)  captive replacement parts or components for   equipment;                      (E)  books, papers, and other library materials   for a public library that are available only from the persons   holding exclusive distribution rights to the materials; and                      (F)  management services provided by a nonprofit   organization to a municipal museum, park, zoo, or other facility to   which the organization has provided significant financial or other   benefits;                (8)  a purchase of rare books, papers, and other   library materials for a public library;                (9)  paving drainage, street widening, and other public   improvements, or related matters, if at least one-third of the cost   is to be paid by or through special assessments levied on property   that will benefit from the improvements;                (10)  a public improvement project, already in   progress, authorized by the voters of the municipality, for which   there is a deficiency of funds for completing the project in   accordance with the plans and purposes authorized by the voters;                (11)  a payment under a contract by which a developer   participates in the construction of a public improvement as   provided by Subchapter C, Chapter 212;                (12)  personal property sold:                      (A)  at an auction by a state licensed auctioneer;                      (B)  at a going out of business sale held in   compliance with Subchapter F, Chapter 17, Business & Commerce Code;                      (C)  by a political subdivision of this state, a   state agency of this state, or an entity of the federal government;   or                      (D)  under an interlocal contract for cooperative   purchasing administered by a regional planning commission   established under Chapter 391;                (13)  services performed by blind or severely disabled   persons;                (14)  goods purchased by a municipality for subsequent   retail sale by the municipality;                (15)  electricity; or                (16)  advertising, other than legal notices.          SECTION 2.  Section 252.022(a), Local Government Code, as   amended by this Act, applies only to a contract for procurement made   on or after the effective date of this Act.          SECTION 3.  This Act takes effect September 1, 2025.       ______________________________ ______________________________      President of the Senate Speaker of the House                   I certify that H.B. No. 223 was passed by the House on May 7,   2025, by the following vote:  Yeas 92, Nays 56, 1 present, not   voting; and that the House concurred in Senate amendments to H.B.   No. 223 on May 30, 2025, by the following vote:  Yeas 103, Nays 28,   2 present, not voting.     ______________________________   Chief Clerk of the House               I certify that H.B. No. 223 was passed by the Senate, with   amendments, on May 28, 2025, by the following vote:  Yeas 19, Nays   12.     ______________________________   Secretary of the Senate      APPROVED: __________________                   Date                       __________________                 Governor