HB4105 - Relating to the authority of certain counties to consider a prospective contractor's principal place of business when awarding certain contracts.

  89R3202 CS-D     By: Harless H.B. No. 4105       A BILL TO BE ENTITLED   AN ACT   relating to the authority of certain counties to consider a   prospective contractor's principal place of business when awarding   certain contracts.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Subchapter Z, Chapter 271, Local Government   Code, is amended by adding Section 271.909 to read as follows:           Sec.   271.909.     CONSIDERATION OF LOCATION OF BIDDER'S   PRINCIPAL PLACE OF BUSINESS FOR AWARDING CERTAIN COUNTY CONTRACTS.   (a)   This section applies only to a county with a population of more   than 3.3 million.           (b)     A county may award a contract for services or for the   construction, repair, or renovation of a structure, road, highway,   or other improvement or addition to real property to a bidder whose   principal place of business is in the county or in a contiguous   county if:                 (1)     the bid or proposed price submitted by the bidder   is within three percent of the lowest bid or proposed price received   by the county from a bidder with the ability to perform the contract   that does not have a principal place of business in the county or in   a contiguous county; and                 (2)     the commissioners court determines, in writing,   that the bid or proposal of the bidder offers the county the best   combination of contract price, ability to perform the contract,   and additional economic development opportunities for the county   created by the contract award, including the employment of   residents of the county and increased tax revenues to the county.           (c)     A county may not award a contract to a bidder under this   section if a person that would approve the contract:                 (1)     is related to the bidder within the third degree by   consanguinity or within the second degree by affinity, as described   by Subchapter B, Chapter 573, Government Code; or                 (2)  has financial ties to the bidder.           (d)     This section does not prohibit a county from rejecting   all bids.           (e)     This section does not apply to a contract for   professional services governed by Subchapter A, Chapter 2254,   Government Code.          SECTION 2.  The change in law made by this Act applies only   to a contract for which a county first advertises or otherwise   solicits bids, proposals, offers, or qualifications or makes a   similar solicitation on or after the effective date of this Act.          SECTION 3.  This Act takes effect September 1, 2025.