Tex. Local Gov't Code Section 271.901
Procedure for Awarding Contract if Municipality or District Receives Identical Bids

(a)

If a municipality or district is required to accept bids on a contract and receives two or more bids from responsible bidders that are identical, in nature and amount, as the lowest and best bids, the governing body of the municipality or district shall enter into a contract with only one of those bidders and must reject all other bids.

(b)

If only one of the bidders submitting identical bids is a resident of the municipality or district, the municipality or district must select that bidder. If two or more of the bidders submitting identical bids are residents of the municipality or district, the municipality or district must select one of those bidders by the casting of lots. In all other cases, the municipality or district must select from the identical bids by the casting of lots.

(c)

The casting of lots must be in a manner prescribed by the mayor of the municipality or the governing body of the district and must be conducted in the presence of the governing body of the municipality or district. All qualified bidders or their legal representatives may be present at the casting of lots.

(d)

This section does not prohibit a municipality or district from rejecting all bids.

(e)

This section applies to all municipalities and districts required by general or special law or by municipal ordinance or charter to accept bids and award contracts on the basis of the lowest and best bid, but does not apply to bidding for contracts to act as a depository for public funds or as a depository for school funds under Subchapter G (Definitions), Chapter 45 (School District Funds), Education Code.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987. Amended by Acts 1989, 71st Leg., ch. 1, Sec. 62(a), eff. Aug. 28, 1989; Acts 1997, 75th Leg., ch. 165, Sec. 6.71, eff. Sept. 1, 1997.

Source: Section 271.901 — Procedure for Awarding Contract if Municipality or District Receives Identical Bids, https://statutes.­capitol.­texas.­gov/Docs/LG/htm/LG.­271.­htm#271.­901 (accessed Jun. 5, 2024).

271.001
Short Title 271.002
Purpose 271.003
Definitions 271.004
Real Property and Improvements for School Districts 271.005
Authority to Contract for Personal Property 271.006
Compliance with Other Requirements 271.007
Approved and Registered Contract 271.008
Authorized Investments 271.009
Term of Contract 271.021
Definitions 271.022
Exempt Contract 271.023
Conflict of Laws 271.024
Competitive Procurement Procedure Applicable to Contract 271.025
Advertisement for Bids 271.026
Opening of Bids 271.027
Award of Contract 271.028
Effect of Noncompliance 271.029
Criminal Penalties 271.041
Short Title 271.042
Purpose 271.043
Definitions 271.044
Subchapter Available to Certain Municipalities 271.045
Purposes for Which Certificates May Be Authorized 271.046
Additional Purposes for Certificates 271.047
Authorization of Certificates by Ordinance or Order 271.048
Claims and Accounts 271.049
Notice of Intention to Issue Certificates 271.050
Sale of Certificates 271.051
Certificates as Investments or as Security for Deposits 271.052
Certificates Payable from and Secured by Other Revenues 271.053
Certificates as Debt and Security 271.054
Competitive Procurement Requirement 271.055
Notice to Bidders 271.056
Exemptions from Advertisement Requirement 271.057
Award of Contract 271.058
Authority to Reject Bids 271.059
Contractor’s Bonds 271.060
Change Orders 271.061
Compensation on Unit Price Contracts 271.062
Certain Contracts Not Required to Be in Writing 271.063
Unconstitutional Procedure Corrected by Resolution of Issuer 271.064
Criminal Penalties 271.0065
Additional Competitive Procedures 271.081
Definition 271.082
Purchasing Program 271.083
Local Government Participation 271.091
Definitions 271.092
Agreement with Texas Bond Review Board and Comptroller 271.093
Form of Agreement 271.094
Notice, Deposit of Debt Service, Authorization, and Transmittal 271.095
Right to Pledge Payments 271.096
Administration, Rules, Fees 271.101
Definitions 271.102
Cooperative Purchasing Program Participation 271.103
Federal Supply Schedule Sources 271.151
Definitions 271.152
Waiver of Immunity to Suit for Certain Claims 271.153
Limitations on Adjudication Awards 271.154
Contractual Adjudication Procedures Enforceable 271.155
No Waiver of Other Defenses 271.156
No Waiver of Immunity to Suit in Federal Court 271.157
No Waiver of Immunity to Suit for Tort Liability 271.158
No Grant of Immunity to Suit 271.160
Joint Enterprise 271.181
Definitions 271.182
Applicability 271.186
Limitation on Number of Projects 271.0245
Additional Competitive Procedures 271.0275
Safety Record of Bidder Considered 271.0461
Additional Purpose for Certificates: Demolition of Dangerous Structures or Restoration of Historic Structures 271.0525
Refinancing Certificates Issued by County 271.0565
Pre-bid Conference 271.901
Procedure for Awarding Contract if Municipality or District Receives Identical Bids 271.902
Prohibition of Conflict of Interest in Purchase by Municipality or County from Cooperative Associations 271.903
Commitment of Current Revenue 271.904
Engineering or Architectural Services Contracts: Indemnification Limitations 271.905
Consideration of Location of Bidder’s Principal Place of Business 271.906
Reverse Auction Method of Purchasing 271.907
Vendors that Meet or Exceed Air Quality Standards 271.908
Local Government Contracts with Private Entities for Civil Works Projects and Improvements to Real Property 271.9041
Appraisal Service Contracts 271.9051
Consideration of Location of Bidder’s Principal Place of Business in Certain Municipalities
Green check means up to date. Up to date

Accessed:
Jun. 5, 2024

§ 271.901’s source at texas​.gov