85R12965 SCL-F     By: Taylor of Galveston S.B. No. 2233       A BILL TO BE ENTITLED   AN ACT   relating to contracting and purchasing of certain governmental   entities and development corporations.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 46.0111(b), Education Code, is amended   to read as follows:          (b)  A school district that brings an action for recovery of   damages for the defective design, construction, renovation, or   improvement of an instructional facility financed by bonds for   which the district receives state assistance under this subchapter   shall provide the commissioner with written notice of the action by   registered or certified mail, return receipt requested, not later   than the 10th day after the date the action is filed. If the school   district fails to comply with this subsection, the court or an   arbitrator or other adjudicating authority shall dismiss the   action.          SECTION 2.  Subchapter A, Chapter 46, Education Code, is   amended by adding Section 46.0112 to read as follows:          Sec. 46.0112.  ATTORNEY GENERAL ENFORCEMENT OF SCHOOL   DISTRICT DUTIES FOLLOWING CERTAIN ACTIONS. (a) If the attorney   general believes that a school district has violated or is   violating Section 46.0111(d) or (e), the attorney general may bring   an action on behalf of the state to enjoin the school district from   violating those sections.          (b)  In an action brought under Subsection (a), the attorney   general may request and the court may order any other appropriate   relief that is in the public interest, including payment of:                (1)  a civil penalty in an amount not to exceed $50,000   for each violation of Section 46.0111(d) or (e);                (2)  the attorney general's reasonable costs for   investigating and prosecuting the violation; or                (3)  the amount of the state's share under Section   46.0111(e).          SECTION 3.  Subchapter T, Chapter 51, Education Code, is   amended by adding Section 51.786 to read as follows:          Sec. 51.786.  VOID CONTRACT. A contract, including a job   order, entered into in violation of this subchapter is voidable as   against public policy.          SECTION 4.  Subchapter A, Chapter 791, Government Code, is   amended by adding Section 791.007 to read as follows:          Sec. 791.007.  LIST OF PURCHASES BY PURCHASING COOPERATIVE.   (a) In this section, "purchasing cooperative" has the meaning   assigned by Section 791.011(j).          (b)  A purchasing cooperative shall maintain an Internet   website with a continually updated list of purchases made through   the cooperative or through agreements made with the cooperative.   The list must include for each purchase:                (1)  the name of the purchaser;                (2)  the name of the vendor;                (3)  the amount of the purchase;                (4)  the date of the purchase; and                (5)  the fees paid to the cooperative or managing   entity.          SECTION 5.  Section 791.011(j), Government Code, is amended   to read as follows:          (j)  For the purposes of this subsection, the term   "purchasing cooperative" means a group purchasing organization   that governmental entities join as members and the managing entity   of which receives fees from members or vendors.  A local government   may not enter into a contract to purchase construction-related   goods or services through a purchasing cooperative under this   chapter in an amount greater than $50,000 unless:                (1)  the purchase is approved by the governing body of   the local government at a public meeting; and                (2)  a person designated by the local government   certifies in writing that:                      (A) [(1)]  the project for which the   construction-related goods or services are being procured does not   require the preparation of plans and specifications under Chapter   1001 or 1051, Occupations Code; or                      (B) [(2)]  the plans and specifications required   under Chapters 1001 and 1051, Occupations Code, have been prepared.          SECTION 6.  Section 2269.452(a), Government Code, is amended   to read as follows:          (a)  This chapter may be enforced through an action for   declaratory or injunctive relief filed not later than the 10th   business day after the date on which the contract bid evaluations   are made public under Section 2269.056 or 2269.105 [is awarded].          SECTION 7.  Subchapter A, Chapter 502, Local Government   Code, is amended by adding Section 502.002 to read as follows:          Sec. 502.002.  APPLICABILITY OF OTHER LAW; PUBLIC WORKS   CONTRACTS. Chapter 2269, Government Code, applies to a public   works contract entered into by a corporation.          SECTION 8.  Section 271.908(a), Local Government Code, is   amended to read as follows:          (a)  In this section:                (1)  "Civil [, "civil] works project" means:                      (A)  roads, streets, bridges, utilities, water   supply projects, water plants, wastewater plants, water   distribution and wastewater conveyance facilities, desalination   projects, wharves, docks, navigation channels, dredge material   placement areas, airport runways and taxiways, storm drainage and   flood control projects, or transit projects;                      (B)  types of projects or facilities related to   those described by Paragraph (A) and associated with civil   engineering construction; and                      (C)  buildings or structures that are incidental   to projects or facilities that are described by Paragraphs (A) and   (B) and that are primarily civil engineering construction projects.                (2)  "Local [and "local] governmental entity" means a   municipality, a county, a river authority, a defense base   development authority established under Chapter 379B, a board of   trustees under Chapter 54, Transportation Code, a municipally owned   water utility with a separate governing board appointed by the   governing body of a municipality, or any other special district or   authority authorized by law to enter into a public works contract   for a civil works project.  The term does not include a regional   tollway authority created under Chapter 366, Transportation Code, a   regional mobility authority created under Chapter 370,   Transportation Code, or a water district or authority created under   Section 52, Article III, or Section 59, Article XVI, Texas   Constitution, with a population of less than 50,000 [have the   meanings assigned by Section 271.181].          SECTION 9.  Subchapter J, Chapter 271, Local Government   Code, is repealed.          SECTION 10.  The changes in law made by this Act apply only   to a contract entered into on or after the effective date of this   Act. A contract entered into before the effective date of this Act   is governed by the law applicable to the contract immediately   before the effective date of this Act, and that law is continued in   effect for that purpose.          SECTION 11.  This Act takes effect September 1, 2017.