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§ 271.904 LOCAL GOVERNMENT CODE
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<br />provides that a licensed engineer or registered archi-
<br />tect whose work product is the subject of the contract
<br />must indemnify, hold harmless, or defend the govern-
<br />mental agency against liability for damage, other than
<br />liability for damage that is caused by or results from
<br />an act of negligence, intentional tort, intellectual prop-
<br />erty infringement, or failure to pay a subcontractor or
<br />supplier committed by the indemnitor or the indemni-
<br />tor's agent, consultant under contract, or another
<br />entity over which the indemnitor exercises control.
<br />(b) In this section, "governmental agent }.' has the
<br />meaning assigned by Section 271.003.
<br />Added by Acts 1995, 74th Leg., ch. 745, § 8. ell. Aug. 28,
<br />19%. Amended by Acts 2001, 77th Leg., ch. 351. § S. efF.
<br />Sept 1, 2001; Acts 2007, 80th Leg., ch. 1213, § 8, eff. Sept. 1,
<br />2007.
<br />Section 19 of Arta 2007. 80th Leg, ch 1213 provides:
<br />"The changes in law made by this Act apply only to a contract fur
<br />which a request for proposals or a requmt for qualifications is first
<br />published or rgntributmi on or after the effective date (Sept. i, 20071
<br />of this Act A contrast. for which a request for proposals or a'equeet
<br />fur qualifications is fi published or distributed before the effeethe
<br />date of this Act is governed by the law in effect at the bane the
<br />a
<br />requast is published or distributed. d the former law is continued in
<br />effect for that purpose."
<br />§ 271.905. Consideration of Location of Bidder's
<br />Principal Place of Business
<br />(a) In this section, "local government" means a
<br />municipality with a population of 200,000 or less, a
<br />county with a population of 400,000 or less, or another
<br />political subdivision authorized under this title to pur-
<br />chase real property or petxonal property that is not
<br />affixed to real property. The term does not include a
<br />school district
<br />(b) In purchasing under this title any real property
<br />or personal property that is not affixed to real proper-
<br />ty, if a local government receives one or more bids
<br />from a bidder whose principal place of business is in
<br />the local government and whose bid is within three
<br />percent of the lowest bid price received by the local
<br />government from a bidder who is not a resident of the
<br />local government, the local government may enter into
<br />a contract with:
<br />(1) the lowest bidder; or
<br />(2) the bidder whose principal place of business is
<br />in the local government if the governing body of the
<br />local government determines, in writing, that the
<br />local bidder offers the local government the best
<br />combination of contract price and additional eco-
<br />nomic development opportunities for the local gov-
<br />ernment created by the contract award, including
<br />the employment of residents of the local govern-
<br />ment and increased tax revenues to the local gov-
<br />ernment.
<br />(c) This section does not prohibit a local govern-
<br />ment from rejecting all bids.
<br />Added by Acts 1999, 76th Leg., ch. 996, § 1, eft Aug. 30,
<br />1999. Amended by Acts 2001. 77th Leg., ch. 489, § 1, eff.
<br />Sept 1 2001.
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<br />MAN. Consideration of Location of Bidder's
<br />Principal Place of Business in Cer-
<br />tain Municipalities
<br />(a) This section applies only to a municipality with a
<br />population of less than 250,009 that is authorized
<br />under this title to purchase real property or personal
<br />property that is not affixed to real property.
<br />(b) In purchasing under this title any real property,
<br />personal property that is not affixed to real property,
<br />or services, if a municipality receives one or more
<br />competitive sealed bids from a bidder whose principal
<br />place of business; is in the municipality and whose bid
<br />is within five percent of the lowest bid price received
<br />by the municipality from a bidder who is not a resi-
<br />dent of the municipality, the municipality may enter
<br />into a contract for an expenditure of less than
<br />$100,00(1 with:
<br />(1) the lowest bidder; or
<br />(2) the bidder whose principal place of business is
<br />in the municipality if the governing body of the
<br />municipality determines, in writing, that the local
<br />bidder offers the municipality the best combination
<br />of contract price and additional economic develop-
<br />ment opportunities for the municipality created by
<br />the contract award, including the employment of
<br />residents of the municipality and increased tax reve-
<br />nues to the municipality.
<br />(c) This section does not prohibit a municipality
<br />from rejecting all bids.
<br />(d) This section does not apply to the purchase of
<br />telecommunications services or information serviam
<br />as those terms are defined by 47 U.S.C. Section 158.
<br />Added by Acts 2005, 79th Leg., ch. 1205, § 1, eft. Sept 1,
<br />2005. Amended by Acts 2009, 81st Leg., ch- 660, § 1, eff.
<br />June 19, 2009; Acts 2009, gist Leg., ch. 1266, § 9, eff. June
<br />19, 2009.
<br />section 17 of Ana 2009, gist Ult , ch. 12fa1 providew
<br />"The change in law node by this Act applies unly to a claim that
<br />arisexynder a contract executed on or after the effective date of that
<br />Act. A claim that arises under a waract exm. tod before the
<br />encetive date of this Act is gmrmed by the law as it exi-W
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