HBA-NMO, LCA H.B. 2260 76(R)BILL ANALYSIS


Office of House Bill AnalysisH.B. 2260
By: Noriega
Public Education
10/1/1999
Enrolled



BACKGROUND AND PURPOSE 

Prior to the 76th Legislature, Section 44.031(h), Education Code,
authorized a school district to make a contract for the repair or
replacement of severely damaged or destroyed school equipment without
competitive bidding if its board of trustees determined that the delay
associated with the competitive bidding process would impair the conduct of
classes or other school activities. 

H.B. 2260 amends Section 44.031(h), to authorize a school district to make
a contract for repair or replacement of school equipment, a school
facility, or a portion of a school facility that is severely damaged,
destroyed, or has experienced a major unforseen operational or structural
failure, without the purchasing contract methods required by Section
44.031, if its board of trustees determines that the delay associated with
the methods would prevent or substantially impair the conduct of classes or
other essential school activities.   

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 44.031(h), Education Code, to authorize a school
district to make a contract for replacement or repair a school facility or
a portion of a school facility, in addition to school equipment, that has
experienced major unforeseen operational or structural failure, in addition
to severe damage or destruction, without the purchasing contract methods
prescribed by Section 44.031, rather than without competitive bidding as
required by Section 44.031, if its board of trustees determines that the
delay posed by the purchasing contract methods, rather than competitive
bidding process, would prevent or substantially impair the conduct of
classes or other essential school activities. 

SECTION 2.  Emergency clause.
  Effective date: upon passage.