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89(R) HB 223 - Enrolled version - Bill Text
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