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
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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
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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.
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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.
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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