HB 1998 proposes raising the threshold at which certain political subdivisions in Texas must use competitive procurement methods when entering into contracts for goods and services. Currently, state law generally requires school districts, counties, municipalities, emergency service districts, and other local governmental entities to use a competitive bidding or proposal process for purchases valued at $50,000 or more. HB 1998 would increase this threshold to $100,000.
The bill amends multiple sections across several Texas codes, including the Education Code, Health and Safety Code, Local Government Code, and Transportation Code. Each amended section adjusts the dollar amount that triggers the competitive procurement requirements. Notably, this includes school district contracts for services and goods (excluding produce and vehicle fuel), municipal contracts, county purchases, and intergovernmental agreements that currently fall under procurement laws.
By raising the procurement threshold, the bill aims to provide local governments with more flexibility and reduce administrative burdens for lower-value contracts. However, it also narrows the range of purchases subject to the transparency and safeguards of competitive bidding. The bill explicitly prevents the artificial division of purchases to avoid procurement thresholds and maintains current requirements for inclusion of historically underutilized businesses in mid-range purchases. If enacted, the bill would apply only to purchases made on or after its effective date.
The originally filed version of HB 1998 sought to increase the competitive procurement threshold for various political subdivisions in Texas, including school districts, municipalities, and counties, from $50,000 to $100,000. This version amended multiple statutes across the Education Code, Local Government Code, and Transportation Code to reflect this new threshold, and included updates to ensure that mid-range purchases ($3,000 to $100,000) by municipalities still included outreach to historically underutilized businesses (HUBs).
The Committee Substitute version retained the core intent of increasing the procurement threshold to $100,000 but expanded the scope and clarified the legal framework in more detail. Notably, it added amendments to the Health and Safety Code (specifically Section 775.084) and provided additional technical refinements, such as explicitly prohibiting purchase splitting to avoid bidding requirements and reaffirming the requirement that certain exemptions still comply with other legal provisions.
Another key difference is in the formatting and structure: the substitute version reorganized and renumbered some sections for clarity and legislative consistency. It also provided more expansive statutory references to ensure uniform application across various types of local governments and procurement processes. Overall, while the core threshold increase remained unchanged, the substitute version reflected a broader and more detailed approach to updating procurement law and preventing circumvention of competitive practices.