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HomeMy WebLinkAboutCHAR 2025-06-09 Agendas t4RH CITY OF NORTH RICHLAND HILLS CHARTER REVIEW COMMISSION AGENDA CITY HALL 4301 CITY POINT DRIVE MONDAY, JUNE 9, 2025 REGULAR MEETING: 4:00 PM A. CALL TO ORDER B. PUBLIC COMMENTS C. ACTION ITEMS C.1 Approve minutes of the May 27, 2025 Charter Review Commission meeting. C.2 Consider recommending ballot provisions to City Council for proposed Charter amendments. D. DISCUSSION ITEMS D.1 Discuss Senate Bill 1173 and potential implications for City's Charter. E. ADJOURNMENT Certification I do hereby certify that the above notice of meeting of the North Richland Hills Charter Review Commission was posted at City Hall, City of North Richland Hills, Texas in compliance with Chapter 551, Texas Government Code on Friday, June 6, 2025 by 3:00 PM. Monday, June 9, 2025 Charter Review Commission Agenda Page 1 of 2 Alicia Richardson City Secretary/Chief Governance Officer This facility is wheelchair accessible and accessible parking spaces are available. Requests for accommodations or interpretive services must be made 48 hours prior to this meeting. Please contact the City Secretary's office at 817-427-6060 for further information. Monday, June 9, 2025 Charter Review Commission Agenda Page 2 of 2 "I"wFt hJOKTH KIC:HLAND HILLS CHARTER REVIEW COMMISSION MEMORANDUM FROM: The Office of the City Manager DATE: June 9, 2025 SUBJECT: Approve minutes of the May 27, 2025 Charter Review Commission meeting. PRESENTER: Alicia Richardson, City Secretary/Chief Governance Officer GENERAL DESCRIPTION: The minutes for the previous meeting are placed on the agenda for review and approval by the Charter Review Commission. Upon approval of the minutes, an electronic copy will be uploaded to the City's website. RECOMMENDATION: Approve minutes of the May 27, 2025 Charter Review Commission meeting. MINUTES OF THE CHARTER REVIEW COMMISSION OF THE CITY OF NORTH RICHLAND HILLS, TEXAS HELD IN THE CITY HALL 4301 CITY POINT DRIVE MAY 27, 2025 REGULAR MEETING The Charter Review Commission of the City of North Richland Hills, Texas met on the 27th day of May at 4.00 p.m. in the Council Workroom. Present: Jack McCarty Member Cecille Delaney Member Ricky Rodriguez Chair Danny Roberts Member Matt Blake Vice Chair Billy Parks Member Russ Mitchell Member Absent: Kelvin Deupree Member Staff Members: Paulette Hartman City Manager Caroline Waggoner Assistant City Manager Trudy Lewis Assistant City Manager Alicia Richardson City Secretary/Chief Governance Officer Bradley Anderle City Attorney A. CALL TO ORDER Chair Rodriguez called the meeting to order at 4.00 p.m. B. PUBLIC COMMENTS There were no requests to speak from the public. C. ACTION ITEMS C.1 APPROVE MINUTES OF THE MARCH 24, 2025 CHARTER REVIEW COMMISSION MEETING. APPROVED May 27, 2025 Charter Review Commission Meeting Minutes Page 1 of 6 A MOTION WAS MADE BY MR. MITCHELL, SECONDED BY MR. MCCARTY TO APPROVE MINUTES OF THE MARCH 24, 2025CHARTER REVIEW COMMISSION MEETING. MOTION TO APPROVE CARRIED 7-0. Absent: 1 - Deupree C.2 CONSIDER BALLOT PROPOSITION TO AMEND ARTICLE V: CITY COUNCIL - SECTION 3: DATE OF ELECTION; CANDIDATES TO RUN FOR PLACES; PLACES DESIGNATED. SECTION 3A: TERM LIMITS. SECTION 7: VACANCIES. APPROVED City Attorney Bradley Anderle presented the proposed ballot language for Proposition A - Three Years Terms. Proposition A. Shall Article V, Sections 3 and 7 of the North Richland Hills Home Rule Charter be amended and Section 3A be added to provide that the Mayor and Council members shall be elected for three-year terms,- to provide that the Mayor and Council members must be elected by a majority vote,- to provide for the transition to three-year terms by establishing an election schedule" to provide that 730 days served constitutes a three-year term,- to provide that a person who vacates their office after serving 360 days has served a term,- to provide that in the event there is one vacancy in any office with a three-year term with an unexpired term of 364 days or less may be filled by appointment of the Mayor with approval of council,- to provide that vacancies in any office with a three-year term with an unexpired term of greater than 364 days must be filled by special election within 120 days of the vacancy? May 27, 2025 Charter Review Commission Meeting Minutes Page 2 of 6 A MOTION WAS MADE BY MR. PARKS, SECONDED BY MR. MITCHELL TO APPROVE BALLOT PROPOSITION TO AMEND ARTICLE V, SECTIONS 3 AND 7 OF THE NORTH RICHLAND HILLS HOME RULE CHARTER AND SECTION 3A BE ADDED TO PROVIDE THAT THE MAYOR AND COUNCIL MEMBERS SHALL BE ELECTED FOR THREE-YEAR TERMS; TO PROVIDE THAT THE MAYOR AND COUNCIL MEMBERS MUST BE ELECTED BY A MAJORITY VOTE; TO PROVIDE FOR THE TRANSITION TO THREE-YEAR TERMS BY ESTABLISHING AN ELECTION SCHEDULE; TO PROVIDE THAT 730 DAYS SERVED CONSTITUTES A THREE-YEAR TERM; TO PROVIDE THAT A PERSON WHO VACATES THEIR OFFICE AFTER SERVING 360 DAYS HAS SERVED A TERM; TO PROVIDE THAT IN THE EVENT THERE IS ONE VACANCY IN ANY OFFICE WITH A THREE-YEAR TERM WITH AN UNEXPIRED TERM OF 364 DAYS OR LESS MAY BE FILLED BY APPOINTMENT OF THE MAYOR WITH APPROVAL OF COUNCIL; TO PROVIDE THAT VACANCIES IN ANY OFFICE WITH A THREE-YEAR TERM WITH AN UNEXPIRED TERM OF GREATER THAN 364 DAYS MUST BE FILLED BY SPECIAL ELECTION WITHIN 120 DAYS OF THE VACANCY. MOTION TO APPROVE CARRIED 7-0. Absent: 1 - Deupree C.3 CONSIDER BALLOT PROPOSITION TO AMEND ARTICLE V: CITY COUNCIL - SECTION 3A: TERM LIMITS. APPROVED Mr. Anderle presented the proposed ballot language for Proposition B - Term Limits. Proposition B. Shall Section 3A be added to Article V of the North Richland Hills Home Rule Charter to provide that a Council member shall be limited to three (3) terms as a Council member, but may serve three (3) additional terms as Mayor; to provide that the Mayor shall be limited to three (3) terms as Mayor, but may serve three additional terms as Council member? May 27, 2025 Charter Review Commission Meeting Minutes Page 3 of 6 A MOTION WAS MADE BY MR. ROBERTS, SECONDED BY MR. MITCHELL TO APPROVE BALLOT PROPOSITION TO ADD SECTION 3A TO ARTICLE V OF THE NORTH RICHLAND HILLS HOME RULE CHARTER TO PROVIDE THAT A COUNCIL MEMBER SHALL BE LIMITED TO THREE (3) TERMS AS A COUNCIL MEMBER, BUT MAY SERVE THREE (3) ADDITIONAL TERMS AS MAYOR; TO PROVIDE THAT THE MAYOR SHALL BE LIMITED TO THREE (3) TERMS AS MAYOR, BUT MAY SERVE THREE ADDITIONAL TERMS AS COUNCIL MEMBER. MOTION TO APPROVE CARRIED 7-0. Absent: 1 - Deupree CA CONSIDER BALLOT PROPOSITION TO AMEND ARTICLE V: CITY COUNCIL - SECTION 3: ADDING AUTOMATIC RESIGNATION ON BECOMING CANDIDATE FOR ANOTHER OFFICE. APPROVED Mr. Anderle presented the proposed language for Proposition C - Resign to Run. Option Proposition C. Shall Article V, Section 3 of the North Richland Hills Home Rule Charter be amended to provide that a Mayor or Council member with more than one (1) year and 30 days remaining in the term shall automatically resign their office upon becoming a candidate for any office of profit or trust other than the office then held; and to provide for filling the vacancy in the manner consistent with filling of vacancies. Option Proposition C. Shall Article V, Section 3 of the North Richland Hills Home Rule Charter be amended to provide that a Mayor or Council member serving a three (3) year term with more than one (1) year and 30 days remaining in the term shall automatically resign their office upon becoming a candidate for any office of profit or trust other than the office then held; and to provide for filling the vacancy in the manner consistent with filling of vacancies. The Commission and staff discussed the options for Proposition C. The consensus was to remove the reference to number of days remaining for a term. An elected official would be required to resign if running for another office. May 27, 2025 Charter Review Commission Meeting Minutes Page 4 of 6 A MOTION WAS MADE BY VICE CHAIR BLAKE, SECONDED BY MR. ROBERTS TO APPROVE BALLOT PROPOSITION TO AMEND SECTION 3 OF THE NORTH RICHLAND HILLS HOME RULE CHARTER TO PROVIDE THAT A MAYOR OR COUNCIL MEMBER SHALL AUTOMATICALLY RESIGN THEIR OFFICE UPON BECOMING A CANDIDATE FOR ANY OFFICE OF PROFIT OR TRUST OTHER THAN THE OFFICE THEN HELD; AND TO PROVIDE FOR FILLING THE VACANCY IN THE MANNER CONSISTENT WITH FILLING OF VACANCIES. MOTION TO APPROVE CARRIED 7-0. Absent: 1 - Deupree C.5 CONSIDER BALLOT PROPOSITION TO AMEND ARTICLE VI: MUNICIPAL COURT - SECTION 7(1): JUDGE OF THE MUNICIPAL COURT. APPROVED Mr. Anderle presented the proposed language for Proposition D - Term for Municipal Court Judges. Proposition D. Shall Article Vl, Section 7(1) of the North Richland Hills Home Rule Charter be amended to strike the requirement that the term of the municipal court judge coincide with the term of the Mayor? A MOTION WAS MADE BY MS. DELANEY, SECONDED BY VICE CHAIR BLAKE TO APPROVE BALLOT PROPOSITION TO AMEND ARTICLE VI, SECTION 7(1) OF THE NORTH RICHLAND HILLS HOME RULE CHARTER TO STRIKE THE REQUIREMENT THAT THE TERM OF THE MUNICIPAL COURT JUDGE COINCIDE WITH THE TERM OF THE MAYOR. MOTION TO APPROVE CARRIED 7-0. Absent: 1 - Deupree C.6 CONSIDER BALLOT PROPOSITION TO AMEND ARTICLE XIV: PLANNING/BUILDING REGULATIONS- SECTION 1: PLANNING AND ZONING COMMISSION. APPROVED Mr. Anderle presented the proposed ballot language for Proposition E - Term for Planning and Zoning Commission. May 27, 2025 Charter Review Commission Meeting Minutes Page 5 of 6 Proposition E. Shall Article XIV, Section 1 of the North Richland Hills Home Rule Charter be amended to provide that Planning and Zoning Commission members shall serve terms of three years; and to provide that the appointment and duration of members' terms shall coincide with the terms of Council members. A MOTION WAS MADE BY VICE CHAIR BLAKE, SECONDED BY MR. MCCARTY TO APPROVE BALLOT PROPOSITION TO AMEND ARTICLE XIV, SECTION 1OF THE NORTH RICHLAND HILLS HOME RULE CHARTER TO PROVIDE THAT PLANNING AND ZONING COMMISSION MEMBERS APPOINTMENT AND DURATION OF TERMS SHALL COINCIDE WITH THE TERMS OF COUNCIL MEMBERS. MOTION TO APPROVE CARRIED 7-0. Absent: 1 - Deupree D. DISCUSS FUTURE MEETING DATES The next meeting will be held on June 9, 2025 prior to the City Council meeting. E. ADJOURNMENT Chair Rodriguez adjourned the meeting at 4.53 p.m. Ricky Rodriguez, Chair Alicia Richardson City Secretary/Chief Governance Officer May 27, 2025 Charter Review Commission Meeting Minutes Page 6 of 6 k4Ft hJOIF LH KICHLAND HILLS CHARTER REVIEW COMMISSION MEMORANDUM FROM: The Office of the City Manager DATE: June 9, 2025 SUBJECT: Consider recommending ballot provisions to City Council for proposed Charter amendments. PRESENTER: Bradley A. Anderle, City Attorney SUMMARY: Consider recommending ballot provisions to City Council for proposed Charter amendments. GENERAL DESCRIPTION: At the Charter Review Commission meeting on May 27, 2025, the Commission voted to approve certain ballot provisions for recommendation to City Council. Several of those motions required amendment to the proposed ballot language, so this item is intended to present the final ballot language to the Commission for approval and recommendation to the City Council for proposed Charter amendments. The final proposed ballot language is included with this memo, as well as the final proposed Charter language that this ballot language is intended to adopt. After this recommendation is made to the City Council, the City Council will have authority, pursuant to Section 9.004, Texas Local Government Code, on its own motion to submit proposed Charter amendments to the City's qualified voters for their approval at an election, which may be ordered by ordinance. RECOMMENDATION: Recommend the presented ballot provisions to the City Council for proposed Charter amendments. Proposed Ballot Provisions Proposition A. Shall Article V, Sections 3 and 7 of the North Richland Hills Home Rule Charter be amended and Section 3A be added to provide that the Mayor and Council members shall be elected for three-year terms; to provide that the Mayor and Council members must be elected by a majority vote;to provide for the transition to three-year terms by establishing an election schedule; to provide that 730 days served constitutes a three-year term;to provide that a person who vacates their office after serving 360 days has served a term; to provide that in the event there is one vacancy in any office with a three-year term with an unexpired term of 364 days or less may be filled by appointment of the Mayor with approval of council; to provide that vacancies in any office with a three-year term with an unexpired term of greater than 364 days must be filled by special election within 120 days of the vacancy? Proposition B. Shall Section 3A be added to Article V of the North Richland Hills Home Rule Charter to provide that a Council member shall be limited to three (3)terms as a Council member, but may serve three (3) additional terms as Mayor; to provide that the Mayor shall be limited to three (3)terms as Mayor, but may serve three additional terms as Council member? Proposition C. Shall Article V, Section 3 of the North Richland Hills Home Rule Charter be amended to provide that a mayor or council member shall automatically resign their office upon becoming a candidate for any office of profit or trust other than the office then held; and to provide for filling the vacancy in the manner consistent with filling of vacancies. Proposition D. Shall Article VI, Section 7(1) of the North Richland Hills Home Rule Charter be amended to strike the requirement that the term of the municipal court judge coincide with the term of the Mayor? Proposition E. Shall Article XIV, Section 1 of the North Richland Hills Home Rule Charter be amended to provide that Planning and Zoning Commission members shall serve terms that are the same length as the term of the Mayor and Council members; and to provide that the appointment and duration of members' terms shall coincide with the terms of Council members. Proposed Charter Amendments ARTICLE V. CITY COUNCIL SECTION 3. DATE OF ELECTION; CANDIDATES TO RUN FOR PLACES; PLACES DESIGNATED. (1) The regular municipal elections of the City of North Richland Hills shall be held on the first Saturday of May of each year an election is required, and the same shall be conducted and the results canvassed and announced by the election authorities prescribed by the Election Code of the State of Texas,and said Code shall control in all municipal elections except as otherwise herein provided. The Mayor and Council members shall be elected for three (3) year terms and shall be elected by the majority vote of all the qualified voters in the City of North Richland Hills voting at an election called for that purpose. The Mayor and Council member Places 2, 4, and 6 shall be elected for a three (3)year term at the May 2026 general election and shall be elected for three (3) year terms thereafter. Council member Places 1, 3, 5, and 7 shall be elected for a three (3) year term at the May 2027 general election and shall be elected for three (3) year terms thereafter. (2) If the Mayor or a Council member announces candidacy or becomes a candidate in any general, special, or primary election for any office of profit or trust under the laws of this State or the United States other than office then held, such announcement or such candidacy shall constitute an automatic resignation of the office then held, and the vacancy thereby created shall be filled pursuant to law in the same manner as other vacancies for such office are filled. SECTION 3A. TERM LIMITS (1) A person who has served as a Council member, regardless of place, for three (3) terms shall not again be eligible to become a candidate for or to serve as a Council member. This shall not prevent a person from becoming a candidate for or serving as Mayor upon the expiration of the third term as a council member, unless the person has already served three (3) terms as Mayor. (2) A person who has served as Mayor for three (3) terms shall not again be eligible to become a candidate for or to serve as Mayor. This shall not prevent a person from becoming a candidate for or serving as a Council member upon expiration of the third term as Mayor, unless the person has already served three (3) terms as a Council member, regardless of place. (3) As used in this section, "Council member" means Places I through 7 and does not mean "Mayor.,, (4) Any length of service within a three-year term that exceeds 730 days, is a term served. (5) If a person vacates an office after serving for a period that exceeds 360 days it shall serve as a term served. SECTION 7. VACANCIES. In case of a vacancy from any cause in the office of Mayor or a Council member, the City Council shall order a special election to fill such vacancy within one hundred twenty (120) days after such Proposed Charter Amendments vacancy occurs, provided, however, in the case of only one (1) vacancy when there remains three hundred sixty-four (364) days or less until the expiration of the office to be filled, the Mayor, with the approval of a majority of the City Council, may appoint a person to fill such vacancy. ARTICLE VI. POWERS AND DUTIES OF OFFICERS SECTION 7. MUNICIPAL COURT JUDGE (1) The Municipal Court shall be presided over by a magistrate to be known as Municipal Judge who shall be an attorney duly licensed by the State of Texas. The City Council may appoint one or more municipal judges. The judges shall be appointed by ordinance for a two (2) year term If the Municipal Judge is unable to act for any reason, the Mayor may appoint a qualified person to act as substitute Municipal Judge. The City Council shall have the power to create a second Municipal Court to be known as Municipal Court Number 2. The Mayor of the City shall be empowered to administer oaths and issue warnings to persons in police custody if the Mayor is qualified pursuant to State Law by attendance and completion of the mandatory courses prescribed by the laws of the State of Texas. ARTICLE XIV. PLANNING/BUILDING REGULATIONS SUBPART A. PLANNING SECTION 1. PLANNING AND ZONING COMMISSION There shall be established a Planning and Zoning Commission which shall consist of seven (7) citizens of the City of North Richland Hills who own real property within the city. The City Council may appoint alternate members to the Commission who shall serve in the absence or disability of any commissioner. The members of said commission, and any alternate commissioner, shall be appointed by the City Council for a term of the same length as the term of the Council members. Three (3) members of the Planning and Zoning Commission shall be so appointed to terms that coincide with the terms of Council member Places 2, 4, and 6. Four (4) members shall be so appointed to terms that coincide with the terms of Council member Places 1, 3, 5, and 7. Vacancies and unexpired terms shall be filled by the City Council for the remainder of that member's term. The Commission shall elect a chairman from among its membership. The commission shall meet at least once monthly and may schedule additional regular meetings as are required by the level of agenda activity. A quorum for any meeting of the commission shall be a majority of the members. Members of the commission serve at the pleasure of the City Council and may be removed by a majority vote of the City Council. The Commission shall keep minutes of its proceedings which shall be of public record. The Commission shall serve without compensation. k4Ft hJOIF LH KICHLAND HILLS CHARTER REVIEW COMMISSION MEMORANDUM FROM: The Office of the City Manager DATE: June 9, 2025 SUBJECT: Discuss Senate Bill 1173 and potential implications for City's Charter. PRESENTER: Bradley A. Anderle, City Attorney SUMMARY: Discuss Senate Bill 1173 and implications for City's Charter. GENERAL DESCRIPTION: The 89t" Texas Legislature wrapped-up its Regular Session on June 2, 2025. One bill adopted by the Legislature and sent to the Governor was Senate Bill 1173. This bill was filed without signature of the Governor and will become effective as of September 1, 2025. S.B. 1173 amends several state laws related to the amount of an expenditure made by certain political subdivisions for which a competitive procurement method is required by state law. In particular, the bill amends Section 252.021(a) of the Texas Local Government to raise from $50,000 to $100,000 the minimum amount at which a municipality is required to utilize a competitive procurement process as described by the statute. The bill makes a similar change in Section 272.054 of the Texas Local Government Code to increase from $50,000 to $100,000 the amount at which an Issuer, which includes a municipality, must utilize a competitive procurement process as described by the statute. Article IX., Section 4., Competitive Bidding, in the City's Charter requires in pertinent part that: "Unless otherwise allowed by law, all purchases over $50,000.00 shall be made only after competitive bidding. ... The $50,000.00 limit presently conforms to State law and the figure shall change as the State statute is amended in the future." With the adoption of S.B. 1173, there is a conflict between the City's Charter and state law. While the Charter accounts for this conflict by providing that the $50,000 limit shall change as the State statute changes, we thought it prudent to brief you on this situation in case the City Council desires to pursue an amendment of this section of the Charter to remove the conflict. k4Ft hJOIF LH KICHLAND HILLS The purpose of this item is to get feedback from the Commission on whether staff should prepare a proposed Charter amendment on this issue to bring to the City Council for consideration. RECOMMENDATION: Discuss Senate Bill 1173 and implications for City's Charter. S.B. No. 1173 1 AN ACT 2 relating to the amount of an expenditure made by certain political 3 subdivisions for which a competitive procurement method may he 4 required. 5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 6 SECTION 1. Section 44.031(a) , Education Code, is amended to 7 read as follows: 8 (a) Except as provided by this subchapter, all school 9 district contracts for the purchase of goods and services, except 10 contracts for the purchase of produce or vehicle fuel, valued at 11 $100,000 [$99;900] or more in the aggregate for each 12-month 12 period shall he made by the method, of the following methods, that 13 provides the best value for the district: 14 (1) competitive bidding for services other than 15 construction services; 16 (2) competitive sealed proposals for services other 17 than construction services; 18 (3) a request for proposals, for services other than 19 construction services; 20 (4) an interlocal contract; 21 (5) a method provided by Chapter 2269, Government 22 Code, for construction services; 23 (6) the reverse auction procedure as defined by 24 Section 2155.062 (d) , Government Code; or 1 S.B. No. 1173 1 (7) the formation of a political subdivision 2 corporation under Section 304.001, Local Government Code. 3 SECTION 2. Section 775.084(a) , Health and Safety Code, is 4 amended to read as follows: 5 (a) Except as provided by Subsection (i) , the hoard must 6 submit to competitive bids an expenditure of more than $100,000 7 [$99-,999] for: 8 (1) one item or service; or 9 (2) more than one of the same or a similar type of item 10 or service in a fiscal year. 11 SECTION 3. Section 252.021(a) , Local Government Code, is 12 amended to read as follows: 13 (a) Before a municipality may enter into a contract that 14 requires an expenditure of more than $100,000 [ 0] from one or 15 more municipal funds, the municipality must: 16 (1) comply with the procedure prescribed by this 17 subchapter and Subchapter C for competitive sealed bidding or 18 competitive sealed proposals; 19 (2) use the reverse auction procedure, as defined by 20 Section 2155.062 (d) , Government Code, for purchasing; or 21 (3) comply with a method described by Chapter 2269, 22 Government Code. 23 SECTION 4. Section 252.0215, Local Government Code, is 24 amended to read as follows: 25 Sec. 252.0215. COMPETITIVE BIDDING IN RELATION TO 26 HISTORICALLY UNDERUTILIZED BUSINESS. A municipality, in making an 27 expenditure of more than $3,000 but less than $100,000 [ ] , 2 S.B. No. 1173 1 shall contact at least two historically underutilized businesses on 2 a rotating basis, based on information provided by the comptroller 3 pursuant to Chapter 2161, Government Code. If the list fails to 4 identify a historically underutilized business in the county in 5 which the municipality is situated, the municipality is exempt from 6 this section. 7 SECTION 5. Section 262.003(a) , Local Government Code, is 8 amended to read as follows: 9 (a) Any law that requires a county to follow a competitive 10 procurement procedure in making a purchase requiring the 11 expenditure of $100,000 [$99,999] or less does not apply to the 12 purchase of an item available for purchase from only one supplier. 13 SECTION 6. Section 262.023(a) , Local Government Code, is 14 amended to read as follows: 15 (a) Before a county may purchase one or more items under a 16 contract that will require an expenditure exceeding $100,000 17 [ ] , the commissioners court of the county must: 18 (1) comply with the competitive bidding or competitive 19 proposal procedures prescribed by this subchapter; 20 (2) use the reverse auction procedure, as defined by 21 Section 2155.062 (d) , Government Code, for purchasing; or 22 (3) comply with a method described by Chapter 2269, 23 Government Code. 24 SECTION 7. Section 271.024, Local Government Code, is 25 amended to read as follows: 26 Sec. 271.024. COMPETITIVE PROCUREMENT PROCEDURE APPLICABLE 27 TO CONTRACT. If a governmental entity is required by statute to 3 S.B. No. 1173 1 award a contract for the construction, repair, or renovation of a 2 structure, road, highway, or other improvement or addition to real 3 property on the basis of competitive bids, and if the contract 4 requires the expenditure of more than $100,000 [$59,999] from the 5 funds of the entity, the bidding on the contract must he 6 accomplished in the manner provided by this subchapter. 7 SECTION 8. Section 271.054, Local Government Code, is 8 amended to read as follows: 9 Sec. 271.054. COMPETITIVE PROCUREMENT REQUIREMENT. Before 10 the governing body of an issuer may enter into a contract requiring 11 an expenditure by or imposing an obligation or liability on the 12 issuer, or on a subdivision of the issuer if the issuer is a county, 13 of more than $100,000 [$59;900] , the governing body must: 14 (1) submit the proposed contract to competitive 15 procurement; or 16 (2) use an alternate method of project delivery 17 authorized by Chapter 2269, Government Code. 18 SECTION 9. Sections 252.312 (h) and (c) , Transportation 19 Code, are amended to read as follows: 20 (h) If the county road engineer so recommends and the 21 commissioners court considers it to he in the best interest of the 22 county, a purchase in an amount of $100,000 [$;9,999] or less may he 23 made through negotiation by the commissioners court or the court's 24 authorized representative on requisition to he approved by the 25 commissioners court or the county auditor without advertising for 26 competitive bids. 27 (c) A purchase may not he divided or reduced to avoid the 4 S.B. No. 1173 1 competitive bidding requirement on a purchase that would otherwise 2 cost more than $100,000 [�;9;9991 . 3 SECTION 10. Section 451. 110(c) , Transportation Code, is 4 amended to read as follows: 5 (c) Subsection (a) does not apply to a contract for: 6 (1) $100,000 [$;9-,9991 or less; 7 (2) the purchase of real property; 8 (3) personal or professional services; or 9 (4) the acquisition of an existing transit system. 10 SECTION 11. The changes in law made by this Act apply only 11 to a purchase made on or after the effective date of this Act. A 12 purchase made before the effective date of this Act is governed by 13 the law as it existed immediately before the effective date of this 14 Act, and that law is continued in effect for that purpose. 15 SECTION 12. This Act takes effect September 1, 2025. 5 S.B. No. 1173 President of the Senate Speaker of the House I hereby certify that S.B. No. 1173 passed the Senate on April 10, 2025, by the following vote: Yeas 29, Nays 1; and that the Senate concurred in House amendment on May 20, 2025, by the following vote: Yeas 29, Nays 2. Secretary of the Senate I hereby certify that S.B. No. 1173 passed the House, with amendment, on May 15, 2025, by the following vote: Yeas 103, Nays 38, two present not voting. Chief Clerk of the House Approved: Date Governor 6