Bill Text: TX HB1524 | 2019-2020 | 86th Legislature | Enrolled
Bill Title: Relating to correcting outdated references to the Texas Building and Procurement Commission.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2019-06-14 - Effective on 9/1/19 [HB1524 Detail]
Download: Texas-2019-HB1524-Enrolled.html
H.B. No. 1524 |
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relating to correcting outdated references to the Texas Building | ||
and Procurement Commission. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 411.064, Government Code, is amended to | ||
read as follows: | ||
Sec. 411.064. ASSISTANCE OF TEXAS DEPARTMENT OF | ||
TRANSPORTATION OR TEXAS FACILITIES [ |
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(a) On request of the department, the Texas Department of | ||
Transportation and the Texas Facilities [ |
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Commission shall: | ||
(1) assist the department in the marking and | ||
designation of parking lots, parking garages, and parking spaces; | ||
(2) maintain the painting of lines and curb markings; | ||
and | ||
(3) furnish and erect direction and information signs. | ||
(b) The department may recover the cost of providing the | ||
services described in Subsection (a) from the agency or agencies | ||
for which the service was provided. To the extent that either the | ||
Texas Facilities [ |
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Department of Transportation provides or assists in providing the | ||
services described in Subsection (a), that agency shall be | ||
reimbursed by the department from its funds or the funds received | ||
from another agency under this subsection. | ||
SECTION 2. Section 411.0645(a), Government Code, is amended | ||
to read as follows: | ||
(a) The department, the City of Austin, the Capital | ||
Metropolitan Transportation Authority, the Texas Facilities | ||
[ |
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The University of Texas at Austin shall each designate a | ||
representative to a committee established for the purpose of | ||
coordinating transportation in and adjacent to the Capitol Complex. | ||
The representative of the department shall convene the initial | ||
meeting of the committee, and the committee shall elect officers | ||
and meet as decided by the committee. | ||
SECTION 3. Sections 469.106(b) and (d), Government Code, | ||
are amended to read as follows: | ||
(b) The department and the Texas Facilities [ |
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and specifications described by Subsection (a) for a building or | ||
facility described by Subsection (a) and leased for an annual | ||
amount of more than $12,000 or built by or for the state. | ||
(d) If an inspection under Subsection (c) determines that a | ||
building or facility does not comply with all applicable standards | ||
and specifications, the leasing agency or the Texas Facilities | ||
[ |
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the lease unless the lessor brings the building or facility into | ||
compliance not later than: | ||
(1) the 60th day after the date the person performing | ||
the inspection delivers the results of the inspection to the lessor | ||
or the lessor's agent; or | ||
(2) a later date established by the commission if | ||
circumstances justify a later date. | ||
SECTION 4. Section 1232.003(4), Government Code, is amended | ||
to read as follows: | ||
(4) "Commission" means the Texas Facilities [ |
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SECTION 5. Section 2101.0115(c), Government Code, is | ||
amended to read as follows: | ||
(c) A state agency's annual report must include: | ||
(1) the name and job title of each bonded agency | ||
employee, the amount of the bond, and the name of the surety company | ||
that issued the bond; | ||
(2) an analysis of space occupied by the agency, | ||
including: | ||
(A) the total amount of space rented by the | ||
agency, expressed in square feet; | ||
(B) the total amount of space occupied by the | ||
agency in state-owned buildings, expressed in square feet; | ||
(C) the name and address of each building in | ||
which the agency occupies space and the amount of square feet in | ||
each building devoted to each particular use; | ||
(D) the cost per square foot of all rented space; | ||
(E) the annual and monthly cost of all rented | ||
space; | ||
(F) the name of each lessor of space rented by the | ||
agency; | ||
(G) a description of the agency's progress toward | ||
achieving the objective provided by Section 2165.104, if the agency | ||
is subject to that section; and | ||
(H) any other information helpful to describe the | ||
agency's use of space; | ||
(3) an itemization of all fees paid by the agency for | ||
professional or consulting services provided under Subchapter A or | ||
B, Chapter 2254, including the name of each person receiving those | ||
fees and the reason for the provision of the services; | ||
(4) an itemization of all fees paid by the agency for | ||
legal services, other than legal services provided by an agency | ||
employee or the attorney general, including the name of each person | ||
receiving those fees and the reason for the provision of the | ||
services; | ||
(5) a copy of the form prepared by the agency under | ||
Section 2205.041, relating to the agency's use and cost of | ||
operating aircraft that are state-owned or under rental or | ||
long-term lease; | ||
(6) an itemization of any purchases made under Section | ||
2155.067, including each product purchased, the amount of the | ||
purchase, and the name of the vendor; | ||
(7) for each fiscal year ending in an even-numbered | ||
calendar year: | ||
(A) a copy of the master file report verification | ||
form certified by the General Land Office, if applicable to the | ||
agency, to confirm that the agency is in compliance with Subchapter | ||
E, Chapter 31, Natural Resources Code; or | ||
(B) if the agency's inventory record is | ||
inaccurate or incomplete, a statement that the agency will submit | ||
the appropriate forms to the General Land Office not later than the | ||
15th day after the date the agency submits its annual report; | ||
(8) a copy of the report prepared by the agency under | ||
Section 2161.124, relating to the agency's use of historically | ||
underutilized businesses; | ||
(9) a report of each transfer of appropriated money | ||
between appropriation items that shows the sum of all transfers | ||
affecting each item; | ||
(10) an itemization of each passenger vehicle the | ||
agency purchased, including the make, model, purchase price, | ||
assigned type of use, and fuel efficiency as expressed by the | ||
manufacturer's fuel efficiency rating; | ||
(11) a schedule, applicable to state agencies | ||
determined by the Legislative Budget Board, detailing total | ||
expenditures by or on behalf of the agency for: | ||
(A) employee benefits, including social | ||
security, health insurance, retirement contributions, benefit | ||
replacement pay, and workers' and unemployment compensation | ||
payments; | ||
(B) bond debt service; and | ||
(C) payments for general governmental services | ||
as defined by the comptroller, including services of the | ||
comptroller, the attorney general, the Texas Facilities [ |
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the state auditor; | ||
(12) for an institution of higher education, the total | ||
amount of lump-sum vacation and compensatory leave payments made to | ||
employees who separated from state service during the fiscal year; | ||
(13) the name and job title of each state officer or | ||
employee authorized to use a state-owned or state-leased vehicle | ||
and the reasons for the authorization, in accordance with Section | ||
2113.013; and | ||
(14) a report of expenditures made for each commodity | ||
or service identified under Section 2155.448, including: | ||
(A) the total amount spent on those commodities | ||
and services; | ||
(B) the total amount spent for commodities and | ||
services purchased that accomplish the same purpose; and | ||
(C) the total amount spent for all other | ||
recycled, remanufactured, or environmentally sensitive commodities | ||
or services, itemized by type of commodity or service. | ||
SECTION 6. Section 2152.0011(b), Government Code, is | ||
amended to read as follows: | ||
(b) In this chapter, "commission" [ |
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SECTION 7. Sections 2155.0011 and 2155.002, Government | ||
Code, are amended to read as follows: | ||
Sec. 2155.0011. COMPTROLLER POWERS AND [ |
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DUTIES[ |
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the powers and duties described by Section 2151.004(d) [ |
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[ |
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Sec. 2155.002. [ |
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To the extent possible, the comptroller [ |
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its efforts under this chapter and Chapters 2156, 2157, and 2158 on | ||
purchases and contracts that involve relatively large amounts of | ||
money. | ||
SECTION 8. Section 2155.061, Government Code, is amended to | ||
read as follows: | ||
Sec. 2155.061. COMPTROLLER [ |
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(a) The comptroller [ |
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rental, or another manner all goods and services for a state agency, | ||
including a purchase that does not require a competitive bid or a | ||
spot purchase. | ||
(b) The comptroller [ |
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and economical system for purchasing goods and services. | ||
SECTION 9. Section 2155.062(a), Government Code, is amended | ||
to read as follows: | ||
(a) In purchasing goods and services the comptroller | ||
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(1) contract purchase procedure; | ||
(2) multiple award contract procedure, including | ||
under any schedules developed under Subchapter I; | ||
(3) open market purchase procedure; or | ||
(4) reverse auction procedure. | ||
SECTION 10. Section 2155.064, Government Code, is amended | ||
to read as follows: | ||
Sec. 2155.064. SCHEDULE AND BULK PURCHASING. The | ||
comptroller [ |
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purchasing and shall attempt to benefit from bulk purchasing. | ||
SECTION 11. Sections 2155.065(a) and (c), Government Code, | ||
are amended to read as follows: | ||
(a) The comptroller [ |
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contracts with the Texas Department of Criminal Justice for the | ||
purchase of goods and services for use by another state agency. | ||
(c) The comptroller [ |
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this section based on proposed goods and services meeting formal | ||
state specifications developed by the comptroller [ |
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meeting commercial specifications approved by the comptroller | ||
[ |
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SECTION 12. Section 2155.066, Government Code, is amended | ||
to read as follows: | ||
Sec. 2155.066. REVIEW OF SPECIFICATIONS. The comptroller | ||
[ |
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conditions of goods or services considered for purchase. | ||
SECTION 13. Sections 2155.067(a), (c), (d), and (f), | ||
Government Code, are amended to read as follows: | ||
(a) If, after review under Section 2155.066, the | ||
comptroller [ |
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of a purchase request describe a product that is proprietary to one | ||
vendor and do not permit an equivalent product to be supplied, the | ||
comptroller [ |
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to justify in writing the specifications or conditions. | ||
(c) The written justification must: | ||
(1) explain the need for the specifications; | ||
(2) state the reason competing products are not | ||
satisfactory; and | ||
(3) provide other information requested by the | ||
comptroller [ |
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(d) If the comptroller [ |
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with written justification, the comptroller [ |
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notify the requesting state agency of the requirement not later | ||
than the 10th day after the date of receiving the purchase request. | ||
(f) The comptroller [ |
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to bid to vendors not later than the 20th day after the date of | ||
receiving the required written justification. | ||
SECTION 14. Sections 2155.068, 2155.069, 2155.070, | ||
2155.072, 2155.073, 2155.074, and 2155.075, Government Code, are | ||
amended to read as follows: | ||
Sec. 2155.068. UNIFORM STANDARDS AND SPECIFICATIONS. (a) | ||
The comptroller [ |
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specifications for goods purchased by the comptroller | ||
[ |
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appropriate standards developed by a nationally recognized | ||
standards-making association as part of its specifications and | ||
standards program. | ||
(b) The comptroller [ |
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cooperation of other state agencies in the establishment, | ||
maintenance, and revision of uniform standards and specifications. | ||
(c) The comptroller [ |
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administered by the comptroller [ |
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goods and services meet contract specifications. | ||
(d) As part of the standards and specifications program, the | ||
comptroller [ |
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(1) review contracts for opportunities to recycle | ||
waste produced at state buildings; | ||
(2) develop and update a list of equipment and | ||
appliances that meet the energy efficiency standards provided by | ||
Section 2158.301; and | ||
(3) assist state agencies in selecting products under | ||
Section 2158.301, as appropriate. | ||
Sec. 2155.069. TESTING AND INSPECTION. (a) The | ||
comptroller [ |
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purchased under a contract administered by the comptroller | ||
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(b) The comptroller [ |
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under this section. | ||
(c) The comptroller [ |
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inspect goods and services purchased by other state governmental | ||
entities on a cost recovery basis. | ||
(d) The comptroller [ |
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goods and services before they are purchased. Other state agencies | ||
may test and inspect goods and services before purchase under | ||
standard industry testing methods, or they may contract for | ||
testing. The comptroller [ |
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available private testing facilities. | ||
Sec. 2155.070. FAILURE TO MEET SPECIFICATIONS. (a) A state | ||
agency that determines that goods or services received under a | ||
contract administered by the comptroller [ |
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specifications shall promptly notify the comptroller [ |
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in writing of the reasons for the determination. The comptroller | ||
[ |
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whether the goods and services meet specifications. | ||
(b) The comptroller [ |
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including an institution of higher education, has the authority to | ||
determine that goods and services exempted from the comptroller's | ||
[ |
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specifications. | ||
(c) On determining that contract specifications or | ||
conditions have not been met, the comptroller [ |
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act against the defaulting contractor, with the assistance of the | ||
attorney general as necessary. | ||
(d) If the comptroller [ |
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complaints against a vendor, the comptroller [ |
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remove the vendor's name and the vendor's goods and services from | ||
the comptroller's [ |
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one year. If complaints resume after the vendor is reinstated on | ||
the bidders list, the comptroller [ |
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from participating in state contracts for a period under Section | ||
2155.077. | ||
Sec. 2155.072. STATEWIDE OR REGIONAL SERVICES CONTRACTS; | ||
[ |
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shall select for study at least one service that is purchased by one | ||
or more state agencies. The comptroller [ |
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selected service to determine whether the state would benefit if | ||
the service were provided to appropriate state agencies under a | ||
regional or statewide contract. The comptroller [ |
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give priority to studying services for which the comptroller | ||
[ |
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agencies. | ||
(b) The comptroller [ |
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into a statewide or regional contract for the provision of a service | ||
to state agencies if more than five bidders are willing to provide | ||
the service to the state under a statewide or regional contract. | ||
Sec. 2155.073. PARTICIPATION BY SMALL BUSINESSES IN STATE | ||
PURCHASING. The comptroller [ |
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participation of small businesses in the purchasing activities of | ||
the state by: | ||
(1) assisting state agencies in developing procedures | ||
to ensure the inclusion of small businesses on state agency master | ||
bid lists; | ||
(2) informing small businesses of state purchasing | ||
opportunities; | ||
(3) assisting small businesses in complying with the | ||
procedures for bidding on state contracts; | ||
(4) working with state and federal agencies and with | ||
private organizations in disseminating information on state | ||
purchasing procedures and the opportunities for small businesses to | ||
participate in state contracts; | ||
(5) assisting state agencies with the development of a | ||
comprehensive list of small businesses capable of providing goods | ||
or services to the state; | ||
(6) making recommendations to state agencies to | ||
simplify contract specifications and terms to increase the | ||
opportunities for small business participation; | ||
(7) working with state agencies to establish a | ||
statewide policy for increasing the use of small businesses; | ||
(8) assisting state agencies in seeking small | ||
businesses capable of supplying goods and services that the | ||
agencies require; | ||
(9) assisting state agencies in identifying and | ||
advising small businesses on the types of goods and services needed | ||
by the agencies; and | ||
(10) assisting state agencies in increasing the volume | ||
of business placed with small businesses. | ||
Sec. 2155.074. BEST VALUE STANDARD FOR PURCHASE OF GOODS OR | ||
SERVICES. (a) For a purchase of goods and services under this | ||
chapter, each state agency, including the comptroller | ||
[ |
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best value for the state. | ||
(b) In determining the best value for the state, the | ||
purchase price and whether the goods or services meet | ||
specifications are the most important considerations. However, the | ||
comptroller [ |
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Subsection (c) and Section 2155.075, consider other relevant | ||
factors, including: | ||
(1) installation costs; | ||
(2) life cycle costs; | ||
(3) the quality and reliability of the goods and | ||
services; | ||
(4) the delivery terms; | ||
(5) indicators of probable vendor performance under | ||
the contract such as past vendor performance, the vendor's | ||
financial resources and ability to perform, the vendor's experience | ||
or demonstrated capability and responsibility, and the vendor's | ||
ability to provide reliable maintenance agreements and support; | ||
(6) the cost of any employee training associated with | ||
a purchase; | ||
(7) the effect of a purchase on agency productivity; | ||
(8) the vendor's anticipated economic impact to the | ||
state or a subdivision of the state, including potential tax | ||
revenue and employment; and | ||
(9) other factors relevant to determining the best | ||
value for the state in the context of a particular purchase. | ||
(c) A state agency shall consult with and receive approval | ||
from the comptroller [ |
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than price and meeting specifications when the agency procures | ||
through competitive bidding goods or services with a value that | ||
exceeds $100,000. | ||
Sec. 2155.075. REQUIREMENT TO SPECIFY VALUE FACTORS IN | ||
REQUEST FOR BIDS OR PROPOSALS. (a) For a purchase made through | ||
competitive bidding, the comptroller [ |
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agency making the purchase must specify in the request for bids the | ||
factors other than price that the comptroller [ |
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agency will consider in determining which bid offers the best value | ||
for the state. | ||
(b) For a purchase made through competitive sealed | ||
proposals, the comptroller [ |
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making the purchase: | ||
(1) must specify in the request for proposals the | ||
known factors other than price that the comptroller [ |
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agency will consider in determining which proposal offers the best | ||
value for the state; and | ||
(2) may concurrently inform each vendor that made a | ||
proposal on the contract of any additional factors the comptroller | ||
[ |
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offers the best value for the state if the comptroller [ |
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or other agency determines after opening the proposals that | ||
additional factors not covered under Subdivision (1) are relevant | ||
in determining which proposal offers the best value for the state. | ||
SECTION 15. Section 2155.076(a), Government Code, is | ||
amended to read as follows: | ||
(a) The comptroller [ |
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rule shall develop and adopt protest procedures for resolving | ||
vendor protests relating to purchasing issues. An agency's rules | ||
must be consistent with the comptroller's [ |
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The rules must include standards for maintaining documentation | ||
about the purchasing process to be used in the event of a protest. | ||
SECTION 16. Sections 2155.077(a), (a-1), (b), (c), and (d), | ||
Government Code, are amended to read as follows: | ||
(a) The comptroller [ |
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participating in state contracts that are subject to this subtitle, | ||
including contracts for which purchasing authority is delegated to | ||
a state agency, for: | ||
(1) substandard performance under a contract with the | ||
state or a state agency; | ||
(2) material misrepresentations in a bid or proposal | ||
to the state or a state agency or during the course of performing a | ||
contract with the state or a state agency; | ||
(3) fraud; | ||
(4) breaching a contract with the state or a state | ||
agency; or | ||
(5) repeated unfavorable performance reviews under | ||
Section 2155.089 or repeated unfavorable classifications received | ||
by the vendor under Section 2262.055 after considering the | ||
following factors: | ||
(A) the severity of the substandard performance | ||
by the vendor; | ||
(B) the impact to the state of the substandard | ||
performance; | ||
(C) any recommendations by a contracting state | ||
agency that provides an unfavorable performance review; | ||
(D) whether debarment of the vendor is in the | ||
best interest of the state; and | ||
(E) any other factor that the comptroller | ||
considers relevant, as specified by comptroller rule. | ||
(a-1) The comptroller [ |
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participating in state contracts that are subject to this subtitle, | ||
including contracts for which purchasing authority is delegated to | ||
a state agency, if the vendor has been: | ||
(1) convicted of violating a federal law in connection | ||
with a contract awarded by the federal government for relief, | ||
recovery, or reconstruction efforts as a result of Hurricane Rita, | ||
as defined by Section 39.459, Utilities Code, Hurricane Katrina, or | ||
any other disaster occurring after September 24, 2005; or | ||
(2) assessed a penalty in a federal civil or | ||
administrative enforcement action in connection with a contract | ||
awarded by the federal government for relief, recovery, or | ||
reconstruction efforts as a result of Hurricane Rita, as defined by | ||
Section 39.459, Utilities Code, Hurricane Katrina, or any other | ||
disaster occurring after September 24, 2005. | ||
(b) Except as provided by Subsection (d), the comptroller | ||
[ |
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contracts under Subsection (a) or (a-2) for a period that is | ||
commensurate with the seriousness of the vendor's action and the | ||
damage to the state's interests. | ||
(c) The comptroller [ |
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(1) state generally the reasons for which a vendor may | ||
be barred from participating in state contracts and the periods for | ||
which the vendor may be barred; and | ||
(2) prescribe the procedures under which the | ||
comptroller [ |
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vendor will be barred. | ||
(d) The comptroller [ |
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participating in state contracts under Subsection (a-1) for a | ||
period of five years from the date the vendor was convicted or the | ||
penalty was assessed. | ||
SECTION 17. Section 2155.079, Government Code, is amended | ||
to read as follows: | ||
Sec. 2155.079. BUYING UNDER CONTRACT ESTABLISHED BY AGENCY | ||
OTHER THAN COMPTROLLER [ |
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[ |
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which it is advantageous for the state to allow a state agency to | ||
purchase goods or services under a contract made by another state | ||
agency other than the comptroller [ |
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provided under Subchapter I. | ||
(b) If comptroller [ |
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to make purchases under a contract entered into by an agency using | ||
delegated purchasing authority, the agency purchasing under | ||
delegated authority may offer the goods or services available under | ||
the contract to other agencies only if the agency first: | ||
(1) establishes that the goods or services being | ||
offered under its contract are not available under a contract | ||
administered by the comptroller [ |
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(2) informs the comptroller [ |
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of the contract and the capabilities of the vendor. | ||
SECTION 18. Sections 2155.080(a), (b), and (d), Government | ||
Code, are amended to read as follows: | ||
(a) The comptroller [ |
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committee on procurement. The purpose of the committee is to | ||
represent before the comptroller [ |
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purchasing community and the political subdivisions that use the | ||
comptroller's [ |
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(b) The committee is composed of officers or employees from | ||
the comptroller [ |
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institutions of higher education, and from political subdivisions | ||
who are invited by the comptroller [ |
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committee. The comptroller [ |
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employees who are experienced in public purchasing, in public | ||
finance, or who possess other appropriate expertise to serve on the | ||
committee. Service on the committee is an additional duty of the | ||
member's public office or employment. Chapter 2110 [ |
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composition of the committee. The comptroller [ |
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set staggered terms for the members of the committee. | ||
(d) The committee shall recommend improvements in | ||
comptroller [ |
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the comptroller [ |
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comment on findings and recommendations related to purchasing that | ||
are made by state agency internal auditors or by the state auditor. | ||
SECTION 19. Sections 2155.081(a) and (b), Government Code, | ||
are amended to read as follows: | ||
(a) The comptroller [ |
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advisory committee. The purpose of the committee is to represent | ||
before the comptroller [ |
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provide information to vendors, and to obtain vendor input on state | ||
procurement practices. | ||
(b) The committee is composed of employees from the | ||
comptroller [ |
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the state who are invited by the comptroller [ |
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on the committee. The comptroller [ |
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cross-section of the vendor community to serve on the committee, | ||
inviting both large and small businesses and vendors who provide a | ||
variety of different goods and services to the state. Chapter 2110 | ||
[ |
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composition of the committee. The comptroller [ |
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set staggered terms for the members of the committee. | ||
SECTION 20. Sections 2155.083(a), (c), (d), (f), and (k), | ||
Government Code, are amended to read as follows: | ||
(a) Except as provided by Subsection (n), this section | ||
applies to each state agency making a procurement that will exceed | ||
$25,000 in value, without regard to the source of funds the agency | ||
will use for the procurement, including a procurement that: | ||
(1) is otherwise exempt from the comptroller's | ||
[ |
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subtitle; | ||
(2) is made under delegated purchasing authority; | ||
(3) is related to a construction project; or | ||
(4) is a procurement of professional or consulting | ||
services. | ||
(c) The comptroller [ |
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produce and post a business daily in an electronic format. The | ||
comptroller [ |
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information as prescribed by this section about each state agency | ||
procurement that will exceed $25,000 in value. The comptroller | ||
[ |
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information relating to the business activity of the state that the | ||
comptroller [ |
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(d) The comptroller [ |
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daily available on the Internet. Each state agency shall cooperate | ||
with the comptroller [ |
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daily available. | ||
(f) The comptroller [ |
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may not charge a fee designed to recover the cost of preparing and | ||
gathering the information that is published in the business daily. | ||
These costs are considered part of a procuring agency's | ||
responsibility to publicly inform potential bidders or offerors of | ||
its procurement opportunities. | ||
(k) Each state agency that will award a procurement contract | ||
estimated to exceed $25,000 in value shall send to the comptroller | ||
[ |
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(1) the information the comptroller [ |
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requires for posting in the state business daily under this | ||
section; and | ||
(2) a notice when the procurement contract has been | ||
awarded or when the state agency has decided to not make the | ||
procurement. | ||
SECTION 21. Sections 2155.084(a) and (c), Government Code, | ||
are amended to read as follows: | ||
(a) The comptroller [ |
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institution of higher education may negotiate purchases of goods of | ||
any kind needed by a state agency or the institution of higher | ||
education with the appropriate agency of the federal government. | ||
The governing body of an institution of higher education may act | ||
under this section either directly or through the comptroller | ||
[ |
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(c) In negotiating purchases of goods from the federal | ||
government under this section or under Subchapter G, Chapter 2175, | ||
the comptroller [ |
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institution of higher education may waive the requirement of a | ||
bidder's bond and performance bond that otherwise would be | ||
required. | ||
SECTION 22. Section 2155.085, Government Code, is amended | ||
to read as follows: | ||
Sec. 2155.085. REVERSE AUCTION PROCEDURE. (a) The | ||
comptroller [ |
||
(1) purchase goods or services using the reverse | ||
auction procedure whenever: | ||
(A) the procedure provides the best value to the | ||
state; or | ||
(B) all purchasing methods provide equal value to | ||
the state; | ||
(2) offer historically underutilized businesses | ||
assistance and training relating to the reverse auction procedure; | ||
and | ||
(3) advise historically underutilized businesses on | ||
contracts available using the reverse auction procedure. | ||
(b) The comptroller [ |
||
purchasing at least 20 percent of the dollar value of goods or | ||
services purchased by the comptroller [ |
||
reverse auction procedure. | ||
SECTION 23. The heading to Subchapter C, Chapter 2155, | ||
Government Code, is amended to read as follows: | ||
SUBCHAPTER C. DELEGATIONS OF AND EXCLUSIONS FROM COMPTROLLER'S | ||
[ |
||
COMPETITIVE BIDDING | ||
SECTION 24. Section 2155.131, Government Code, is amended | ||
to read as follows: | ||
Sec. 2155.131. DELEGATION OF AUTHORITY TO STATE AGENCIES. | ||
The comptroller [ |
||
state agency. | ||
SECTION 25. Sections 2155.132(a), (b), (c), (d), (f), and | ||
(g), Government Code, are amended to read as follows: | ||
(a) A state agency is delegated the authority to purchase | ||
goods and services if the purchase does not exceed $15,000. If the | ||
comptroller [ |
||
followed the comptroller's [ |
||
to the delegated purchases, the comptroller [ |
||
report its determination to the members of the state agency's | ||
governing body and to the governor, lieutenant governor, speaker of | ||
the house of representatives, and Legislative Budget Board. | ||
(b) The comptroller [ |
||
state agency the authority to purchase goods and services if the | ||
purchase exceeds $15,000. In delegating purchasing authority under | ||
this subsection or Section 2155.131, the comptroller [ |
||
shall consider factors relevant to a state agency's ability to | ||
perform purchasing functions, including: | ||
(1) the capabilities of the agency's purchasing staff | ||
and the existence of automated purchasing tools at the agency; | ||
(2) the certification levels held by the agency's | ||
purchasing personnel; | ||
(3) the results of the comptroller's [ |
||
procurement review audits of an agency's purchasing practices; and | ||
(4) whether the agency has adopted and published | ||
protest procedures consistent with those of the comptroller | ||
[ |
||
(c) The comptroller [ |
||
purchasing practices of state agencies that are making delegated | ||
purchases under Subsection (b) or Section 2155.131 to ensure that | ||
the certification levels of the agency's purchasing personnel and | ||
the quality of the agency's purchasing practices continue to | ||
warrant the amount of delegated authority provided by the | ||
comptroller [ |
||
[ |
||
authority that the comptroller [ |
||
agency. The comptroller [ |
||
administer this subsection. | ||
(d) The comptroller [ |
||
(1) shall prescribe procedures for a delegated | ||
purchase; and | ||
(2) shall prescribe procedures by which agencies may | ||
use the comptroller's [ |
||
purchases, in accordance with Section 2155.082. | ||
(f) Goods purchased under this section may not include: | ||
(1) an item for which a contract has been awarded under | ||
the contract purchase procedure, unless the quantity purchased is | ||
less than the minimum quantity specified in the contract; | ||
(2) an item required by statute to be purchased from a | ||
particular source; or | ||
(3) a scheduled item that has been designated for | ||
purchase by the comptroller [ |
||
(g) A large purchase may not be divided into small lot | ||
purchases to meet the dollar limits prescribed by this section. The | ||
comptroller [ |
||
be combined into one purchase order to exceed the dollar limits | ||
prescribed by this section. | ||
SECTION 26. Section 2155.136(b), Government Code, is | ||
amended to read as follows: | ||
(b) To make a purchase under this section, the medical or | ||
dental unit must: | ||
(1) follow the competitive sealed proposals | ||
procedures under Subchapter C, Chapter 2157, and comptroller | ||
[ |
||
(2) submit to the comptroller [ |
||
finding that competitive sealed bidding or informal competitive | ||
bidding is not practical or is disadvantageous to the state for the | ||
proposed acquisition. | ||
SECTION 27. Section 2155.137(a), Government Code, is | ||
amended to read as follows: | ||
(a) The comptroller [ |
||
emergency purchases by a state agency and may set a monetary limit | ||
on the amount of an emergency purchase. | ||
SECTION 28. Section 2155.138(c), Government Code, is | ||
amended to read as follows: | ||
(c) The comptroller [ |
||
this section based on proposed goods and services meeting formal | ||
state specifications developed by the comptroller [ |
||
meeting commercial specifications approved by the comptroller | ||
[ |
||
SECTION 29. Sections 2155.140 and 2155.141, Government | ||
Code, are amended to read as follows: | ||
Sec. 2155.140. PURCHASE FROM GIFT OR GRANT NOT WITHIN | ||
COMPTROLLER'S [ |
||
comptroller's [ |
||
of goods or services from a gift or grant, including an industrial | ||
or federal grant or contract in support of research. | ||
Sec. 2155.141. PURCHASES FOR AUXILIARY ENTERPRISE NOT | ||
WITHIN COMPTROLLER'S [ |
||
comptroller's [ |
||
purchase of goods and services for an auxiliary enterprise. | ||
SECTION 30. Section 2155.1441(d), Government Code, is | ||
amended to read as follows: | ||
(d) A state agency shall provide appropriate information to | ||
the comptroller [ |
||
agency under this section, but the comptroller's [ |
||
authority under this chapter and Chapters 2156, 2157, and 2158 does | ||
not extend to the acquisition of goods and services made under this | ||
section. | ||
SECTION 31. Section 2155.145, Government Code, is amended | ||
to read as follows: | ||
Sec. 2155.145. CERTAIN PURCHASES BY TEXAS [ |
||
|
||
[ |
||
Quality is delegated all purchasing functions relating to the | ||
administration of Subchapters F and I, Chapter 361, Health and | ||
Safety Code, subject to the rules adopted by the comptroller | ||
[ |
||
SECTION 32. Section 2155.146(c), Government Code, is | ||
amended to read as follows: | ||
(c) The comptroller [ |
||
services for the Employees Retirement System of Texas at the | ||
request of the retirement system, and the retirement system may use | ||
the services of the comptroller [ |
||
services. | ||
SECTION 33. Section 2155.147(c), Government Code, is | ||
amended to read as follows: | ||
(c) The comptroller [ |
||
services for the General Land Office at the request of the land | ||
office, and the land office may use the services of the comptroller | ||
[ |
||
SECTION 34. Section 2155.148(c), Government Code, is | ||
amended to read as follows: | ||
(c) The comptroller [ |
||
services for the Texas Emergency Services Retirement System at the | ||
request of the retirement system, and the retirement system may use | ||
the services of the comptroller [ |
||
services. | ||
SECTION 35. Section 2155.149(c), Government Code, is | ||
amended to read as follows: | ||
(c) At the request of the Veterans' Land Board, the | ||
comptroller [ |
||
described by Subsection (a) for the Veterans' Land Board. The | ||
Veterans' Land Board may use the services of the comptroller | ||
[ |
||
Subsection (a). | ||
SECTION 36. Section 2155.150(c), Government Code, is | ||
amended to read as follows: | ||
(c) The comptroller [ |
||
services, under Subsection (a), for the Railroad Commission of | ||
Texas at the request of the railroad commission, and the railroad | ||
commission may use the services of the comptroller [ |
||
procuring goods and services. | ||
SECTION 37. The heading to Subchapter D, Chapter 2155, | ||
Government Code, is amended to read as follows: | ||
SUBCHAPTER D. EXTENSION OF COMPTROLLER [ |
||
SERVICES TO OTHER ENTITIES | ||
SECTION 38. Sections 2155.203 and 2155.204, Government | ||
Code, are amended to read as follows: | ||
Sec. 2155.203. PURCHASES BY LEGISLATURE AND LEGISLATIVE | ||
AGENCIES. A house of the legislature, or an agency, council, or | ||
committee of the legislature, including the Legislative Budget | ||
Board, the Texas Legislative Council, the state auditor's office, | ||
and the Legislative Reference Library, may use the comptroller's | ||
[ |
||
services, including items covered by Section 21, Article XVI, Texas | ||
Constitution. | ||
Sec. 2155.204. LOCAL GOVERNMENT PURCHASING PROGRAM. The | ||
comptroller's [ |
||
local governments is governed by Subchapter D, Chapter 271, Local | ||
Government Code. | ||
SECTION 39. Sections 2155.261, 2155.262, 2155.263, | ||
2155.265, 2155.267, 2155.269, and 2155.270, Government Code, are | ||
amended to read as follows: | ||
Sec. 2155.261. APPLICABILITY. This subchapter: | ||
(1) applies to a purchase or other acquisition under | ||
this chapter or Chapters 2156, 2157, and 2158 for which competitive | ||
bidding or competitive sealed proposals are required; | ||
(2) applies to a state agency that makes a purchase or | ||
other acquisition under this chapter or Chapters 2156, 2157, and | ||
2158, including the comptroller [ |
||
makes an acquisition under Section 2155.131 [ |
||
(3) does not apply to a purchase or other acquisition | ||
made by the comptroller [ |
||
2156. | ||
Sec. 2155.262. UNIFORM REGISTRATION FORM. (a) The | ||
comptroller [ |
||
for applying to do business with the comptroller [ |
||
with another state agency. | ||
(b) The comptroller [ |
||
shall make the form available to an applicant. | ||
(c) The form must include an application for: | ||
(1) certification as a historically underutilized | ||
business; | ||
(2) a payee identification number for use by the | ||
comptroller; and | ||
(3) placement on the comptroller's [ |
||
master bidders list. | ||
(d) A state agency shall submit to the comptroller | ||
[ |
||
Sec. 2155.263. [ |
||
BIDDERS LIST. (a) The comptroller [ |
||
centralized master bidders list and register on the list the name | ||
and address of each vendor that applies for registration under | ||
rules adopted under this subchapter. The comptroller [ |
||
may include other relevant vendor information on the list. | ||
(b) The comptroller [ |
||
centralized master bidders list in a manner that facilitates a | ||
state agency's solicitation of vendors that serve the agency's | ||
geographic area. | ||
(c) The centralized master bidders list shall be used for | ||
all available procurement processes authorized by this subtitle and | ||
shall also be used to the fullest extent possible by state agencies | ||
that make purchases exempt from the comptroller's [ |
||
purchasing authority. | ||
Sec. 2155.265. ACCESS TO MASTER BIDDERS LIST. (a) The | ||
comptroller [ |
||
available to each state agency that makes a purchase or other | ||
acquisition to which this subchapter applies. | ||
(b) The comptroller [ |
||
available either electronically or in another form, depending on | ||
each state agency's needs. | ||
Sec. 2155.267. [ |
||
MASTER BIDDERS LIST. (a) The comptroller [ |
||
procedures for: | ||
(1) making and maintaining the master bidders list; | ||
and | ||
(2) removing an inactive vendor from the list. | ||
(b) The comptroller [ |
||
vendor classification process under which only a vendor able to | ||
make a bid or proposal on a particular purchase or other acquisition | ||
may be solicited under this subchapter. | ||
Sec. 2155.269. WAIVER. The comptroller [ |
||
rule may establish a process under which the requirement for | ||
soliciting bids or proposals from eligible vendors on a bidders | ||
list may be waived for an appropriate state agency or an appropriate | ||
purchase or other acquisition under circumstances in which the | ||
requirement is not warranted. | ||
Sec. 2155.270. AGENCY ASSISTANCE WITH BIDDERS LIST ISSUES. | ||
The comptroller [ |
||
relating to a bidders list. | ||
SECTION 40. Section 2155.321(2), Government Code, is | ||
amended to read as follows: | ||
(2) "Purchase information" means information that the | ||
comptroller [ |
||
purchase under this subchapter. | ||
SECTION 41. Section 2155.322(c), Government Code, is | ||
amended to read as follows: | ||
(c) The comptroller [ |
||
purchase information be sent directly to the comptroller | ||
[ |
||
[ |
||
SECTION 42. The heading to Section 2155.323, Government | ||
Code, is amended to read as follows: | ||
Sec. 2155.323. [ |
||
INFORMATION[ |
||
SECTION 43. Section 2155.384, Government Code, is amended | ||
to read as follows: | ||
Sec. 2155.384. AUTHORITY TO PAY CHARGES. The comptroller | ||
[ |
||
271, Local Government Code, or Section 2155.202 to purchase from a | ||
contract entered into under the authority of the comptroller | ||
[ |
||
other similar charge if the comptroller [ |
||
or other entity determines that the charge is justifiable. | ||
SECTION 44. Section 2155.385(a), Government Code, is | ||
amended to read as follows: | ||
(a) If authorized by rule adopted by the comptroller under | ||
Section 403.023, the comptroller [ |
||
or more credit card issuers for state agencies to use credit cards | ||
to pay for purchases. The comptroller [ |
||
into a contract that conflicts with the [ |
||
described by this subsection. | ||
SECTION 45. Section 2155.441(c), Government Code, is | ||
amended to read as follows: | ||
(c) The comptroller [ |
||
purchase products under this section that do not meet formal state | ||
specifications developed by the comptroller [ |
||
commercial specifications approved by the comptroller | ||
[ |
||
SECTION 46. Section 2155.442, Government Code, is amended | ||
to read as follows: | ||
Sec. 2155.442. PREFERENCE FOR ENERGY EFFICIENT PRODUCTS. | ||
The comptroller [ |
||
efficient products in purchases made under this subtitle if: | ||
(1) the products meet state specifications regarding | ||
quantity and quality; and | ||
(2) the cost of the product is equal to or less than | ||
the cost of other similar products that are not energy efficient. | ||
SECTION 47. Section 2155.443, Government Code, is amended | ||
to read as follows: | ||
Sec. 2155.443. PREFERENCE FOR RUBBERIZED ASPHALT PAVING. | ||
The comptroller [ |
||
asphalt paving made from scrap tires by a facility in this state in | ||
purchases of rubberized asphalt paving material if the cost as | ||
determined by a life-cycle cost benefit analysis does not exceed by | ||
more than 15 percent the bid cost of alternative paving materials. | ||
SECTION 48. Sections 2155.444(a), (d), and (e), Government | ||
Code, are amended to read as follows: | ||
(a) The comptroller [ |
||
making purchases of goods, including agricultural products, shall | ||
give preference to those produced or grown in this state or offered | ||
by Texas bidders as follows: | ||
(1) goods produced or offered by a Texas bidder that is | ||
owned by a service-disabled veteran who is a Texas resident shall be | ||
given a first preference and goods produced in this state or offered | ||
by other Texas bidders shall be given second preference, if the cost | ||
to the state and quality are equal; and | ||
(2) agricultural products grown in this state shall be | ||
given first preference and agricultural products offered by Texas | ||
bidders shall be given second preference, if the cost to the state | ||
and quality are equal. | ||
(d) The comptroller [ |
||
making purchase of vegetation for landscaping purposes, including | ||
plants, shall give preference to Texas vegetation native to the | ||
region if the cost to the state is not greater and the quality is not | ||
inferior. | ||
(e) The comptroller [ |
||
procuring services shall give first preference to services offered | ||
by a Texas bidder that is owned by a service-disabled veteran who is | ||
a Texas resident and shall give second preference to services | ||
offered by other Texas bidders if: | ||
(1) the services meet state requirements regarding the | ||
service to be performed and expected quality; and | ||
(2) the cost of the service does not exceed the cost of | ||
other similar services of similar expected quality that are offered | ||
by a bidder that is not entitled to a preference under this | ||
subsection. | ||
SECTION 49. Sections 2155.445(a), (b), and (c), Government | ||
Code, are amended to read as follows: | ||
(a) The comptroller [ |
||
give preference to recycled, remanufactured, or environmentally | ||
sensitive products, as those terms are defined by rule of the | ||
comptroller [ |
||
(1) the product meets state specifications regarding | ||
quantity and quality; and | ||
(2) the average price of the product is not more than | ||
10 percent greater than the price of comparable nonrecycled | ||
products. | ||
(b) The comptroller [ |
||
revise its procurement procedures and specifications for the | ||
purchase of goods to: | ||
(1) eliminate procedures and specifications that | ||
explicitly discriminate against recycled, remanufactured, or | ||
environmentally sensitive products, as those terms are defined by | ||
rule of the comptroller [ |
||
(2) encourage the use of recycled, remanufactured, or | ||
environmentally sensitive products. | ||
(c) In developing new procedures and specifications, the | ||
comptroller [ |
||
products and products that may be recycled or reused or that are | ||
remanufactured or environmentally sensitive. | ||
SECTION 50. Sections 2155.446(a) and (b), Government Code, | ||
are amended to read as follows: | ||
(a) Subject to Subsection (c), the comptroller [ |
||
shall contract for paper containing the highest proportion of | ||
recycled fibers for all purposes for which paper with recycled | ||
fibers may be used and to the extent that the paper is available | ||
through normal commercial sources to supply the state's needs. | ||
(b) Subject to Subsection (c), a state agency that purchases | ||
through the comptroller [ |
||
containing recycled fibers to the highest extent of its needs and to | ||
the extent that the paper is available through the comptroller's | ||
[ |
||
SECTION 51. Section 2155.447, Government Code, is amended | ||
to read as follows: | ||
Sec. 2155.447. PURCHASE OF RECYCLED OIL. The comptroller | ||
[ |
||
who purchase motor oil and other automotive lubricants for | ||
state-owned vehicles shall give preference to motor oils and | ||
lubricants that contain at least 25 percent recycled oil if the cost | ||
to the state and the quality are comparable to those of new oil and | ||
lubricants. | ||
SECTION 52. Sections 2155.448(a) and (b), Government Code, | ||
are amended to read as follows: | ||
(a) Each state fiscal year, the comptroller [ |
||
rule may identify recycled, remanufactured, or environmentally | ||
sensitive commodities or services, as those terms are defined by | ||
rule of the comptroller [ |
||
goals for the procurement of those commodities and services by | ||
state agencies for that fiscal year. | ||
(b) A state agency that intends to purchase a commodity or | ||
service that accomplishes the same purpose as a commodity or | ||
service identified under Subsection (a) that does not meet the | ||
definition of a recycled product or that is not remanufactured or | ||
environmentally sensitive, as those terms are defined by rule of | ||
the comptroller [ |
||
file a written justification signed by the executive head of the | ||
agency stating the reasons for the determination that the commodity | ||
or service identified by the comptroller [ |
||
the requirements of the agency. | ||
SECTION 53. Section 2155.449(b), Government Code, is | ||
amended to read as follows: | ||
(b) The comptroller [ |
||
procuring goods or services shall give preference to goods or | ||
services produced in an economically depressed or blighted area if: | ||
(1) the goods or services meet state specifications | ||
regarding quantity and quality; and | ||
(2) the cost of the good or service does not exceed the | ||
cost of other similar products or services that are not produced in | ||
an economically depressed or blighted area. | ||
SECTION 54. Section 2155.450, Government Code, is amended | ||
to read as follows: | ||
Sec. 2155.450. PREFERENCE FOR PRODUCTS OF FACILITIES ON | ||
FORMERLY CONTAMINATED PROPERTY. The comptroller [ |
||
state agencies shall give preference to goods produced at a | ||
facility located on property for which the owner has received a | ||
certificate of completion under Section 361.609, Health and Safety | ||
Code, if the goods meet state specifications regarding quantity, | ||
quality, delivery, life cycle costs, and price. | ||
SECTION 55. Section 2155.451(b), Government Code, is | ||
amended to read as follows: | ||
(b) The comptroller [ |
||
procuring goods or services may: | ||
(1) give preference to goods or services of a vendor | ||
that demonstrates that the vendor meets or exceeds any state or | ||
federal environmental standards, including voluntary standards, | ||
relating to air quality; or | ||
(2) require that a vendor demonstrate that the vendor | ||
meets or exceeds any state or federal environmental standards, | ||
including voluntary standards, relating to air quality. | ||
SECTION 56. Section 2155.452, Government Code, is amended | ||
to read as follows: | ||
Sec. 2155.452. PREFERENCE FOR CONTRACTORS PROVIDING FOODS | ||
OF HIGHER NUTRITIONAL VALUE. (a) The comptroller [ |
||
state agencies making purchases of food for consumption in a public | ||
cafeteria may give preference to contractors who provide foods of | ||
higher nutritional value and who do not provide foods containing | ||
trans fatty acids for consumption in the cafeteria. | ||
(b) In complying with this section, the comptroller | ||
[ |
||
Agriculture's nutrition standards. | ||
SECTION 57. Sections 2155.502(a), (b), and (c), Government | ||
Code, are amended to read as follows: | ||
(a) The comptroller [ |
||
of multiple award contracts that have been previously awarded using | ||
a competitive process by: | ||
(1) the federal government, including the federal | ||
General Services Administration; or | ||
(2) any other governmental entity in any state. | ||
(b) In developing a schedule under Subsection (a) or (e), | ||
the comptroller [ |
||
modify any contractual terms, with the agreement of the parties to | ||
the contract, as necessary to comply with any federal or state | ||
requirements, including rules adopted under this subchapter. | ||
(c) The comptroller [ |
||
award contract on a schedule developed under Subsection (a) if the | ||
goods or services provided by that contract: | ||
(1) are available from only one vendor; | ||
(2) are telecommunications services, facilities, or | ||
equipment; | ||
(3) are commodity items as defined by Section | ||
2157.068(a); or | ||
(4) are engineering services as described by Section | ||
1001.003, Occupations Code, or architectural services as described | ||
by Section 1051.001, Occupations Code. | ||
SECTION 58. Sections 2155.505(b) and (c), Government Code, | ||
are amended to read as follows: | ||
(b) The comptroller [ |
||
each vendor with a contract listed on a schedule developed under | ||
this subchapter and who is not a historically underutilized | ||
business or small business to use historically underutilized or | ||
small businesses to sell or provide a service under the contract. | ||
If a vendor does not make a good faith effort to use historically | ||
underutilized and small businesses under the contract, the | ||
comptroller [ |
||
on a schedule developed under this subchapter. | ||
(c) A historically underutilized business or small business | ||
may sell or provide a service under another vendor's contract | ||
listed on a schedule developed under this subchapter if: | ||
(1) the contract is on a schedule developed under | ||
Section 2155.502; | ||
(2) the vendor for the contract authorizes in writing | ||
the historically underutilized business or small business to sell | ||
or provide a service under that contract; and | ||
(3) the historically underutilized business or small | ||
business provides that written authorization to the comptroller | ||
[ |
||
SECTION 59. Sections 2155.506, 2155.508, and 2155.510, | ||
Government Code, are amended to read as follows: | ||
Sec. 2155.506. REPORTING REQUIREMENTS. (a) A vendor | ||
listed on a contract for a schedule developed under this subchapter | ||
shall report its sales to the comptroller [ |
||
manner prescribed by the comptroller [ |
||
(b) The comptroller [ |
||
information reported under Subsection (a) and include the | ||
information in its report under Section 2101.011. | ||
Sec. 2155.508. INTERNET AVAILABILITY. (a) The comptroller | ||
[ |
||
contracts developed under this subchapter and make that information | ||
available on an Internet site. The database must have search | ||
capabilities that allow a person to easily access the contracts. | ||
(b) The comptroller [ |
||
apply through the Internet site to be listed on a schedule developed | ||
under this subchapter. The applicant shall provide an electronic | ||
mail address to the comptroller [ |
||
application process. | ||
Sec. 2155.510. REBATES. (a) The comptroller [ |
||
may collect a rebate from a vendor under a contract listed on a | ||
schedule developed under this subchapter. | ||
(b) If a purchase resulting in a rebate under this section | ||
is made in whole or in part with federal funds, the comptroller | ||
[ |
||
with federal funds, the appropriate portion of the rebate is | ||
reported to the purchasing agency for reporting and reconciliation | ||
purposes with the appropriate federal funding agency. | ||
SECTION 60. Sections 2156.001, 2156.0011, and 2156.004, | ||
Government Code, are amended to read as follows: | ||
Sec. 2156.001. CONTRACT PURCHASE PROCEDURE AUTHORIZED. The | ||
comptroller [ |
||
purchase goods and services. | ||
Sec. 2156.0011. COMPTROLLER POWERS AND [ |
||
DUTIES[ |
||
the powers and duties described by Section 2151.004(d) [ |
||
|
||
[ |
||
|
||
Sec. 2156.004. BID DEPOSIT. (a) The comptroller | ||
[ |
||
an amount determined by the comptroller [ |
||
of the deposit, if any, must be stated in the public notice and the | ||
invitation to bid. | ||
(b) On the award of a bid or the rejection of all bids, the | ||
comptroller [ |
||
unsuccessful bidder. | ||
(c) The comptroller [ |
||
bid deposit in the form of a blanket bond. | ||
SECTION 61. Section 2156.006(b), Government Code, is | ||
amended to read as follows: | ||
(b) The comptroller [ |
||
if the failure to comply is beyond the bidder's control. | ||
SECTION 62. Sections 2156.007(a), (b), and (d), Government | ||
Code, are amended to read as follows: | ||
(a) The comptroller [ |
||
making a purchase shall award a contract to the bidder offering the | ||
best value for the state while conforming to the specifications | ||
required. | ||
(b) In determining the bidder offering the best value, the | ||
comptroller [ |
||
safety record of the bidder, the entity represented by the bidder, | ||
and any person acting for the represented entity only if: | ||
(1) the comptroller [ |
||
has adopted a written definition and criteria for accurately | ||
determining the safety record of a bidder; and | ||
(2) the comptroller [ |
||
provided notice in the bid specifications to prospective bidders | ||
that a bidder's safety record may be considered in determining the | ||
bidder offering the best value for the state. | ||
(d) In determining the bidder offering the best value, in | ||
addition to price the comptroller [ |
||
agency shall consider: | ||
(1) the quality and availability of the goods or | ||
contractual services and their adaptability to the use required; | ||
(2) the scope of conditions attached to the bid; | ||
(3) the bidder's ability, capacity, and skill to | ||
perform the contract or provide the service required; | ||
(4) the bidder's ability to perform the contract or | ||
provide the service promptly, or in the time required, without | ||
delay or interference; | ||
(5) the bidder's character, responsibility, | ||
integrity, and experience or demonstrated capability; | ||
(6) the quality of performance of previous contracts | ||
or services; | ||
(7) the bidder's previous and existing compliance with | ||
laws relating to the contract or service; | ||
(8) the bidder's previous or existing noncompliance | ||
with specification requirements relating to the time of submission | ||
of specified information, including samples, models, drawings, or | ||
certificates; | ||
(9) the sufficiency of the bidder's financial | ||
resources and ability to perform the contract or provide the | ||
service; and | ||
(10) the bidder's ability to provide future | ||
maintenance, repair parts, and service for the use of the | ||
contract's subject. | ||
SECTION 63. Sections 2156.008, 2156.009, and 2156.010, | ||
Government Code, are amended to read as follows: | ||
Sec. 2156.008. REJECTION OF BIDS. (a) The comptroller | ||
[ |
||
a bid in which there is a material failure to comply with | ||
specification requirements. | ||
(b) The comptroller [ |
||
reject all bids or parts of bids if the rejection serves the state's | ||
interest. | ||
Sec. 2156.009. REASONS FOR AWARD. On award of a contract, | ||
the division of the comptroller [ |
||
purchasing or the state agency making the purchase shall prepare | ||
and file with other records relating to the transaction a statement | ||
of the reasons for making the award to the successful bidder and the | ||
factors considered in determining which bidder offered the best | ||
value for the state. | ||
Sec. 2156.010. TIE BIDS. In the case of tie bids, the value | ||
and cost to the state being equal, a contract shall be awarded under | ||
comptroller [ |
||
SECTION 64. Sections 2156.011(a), (b), and (d), Government | ||
Code, are amended to read as follows: | ||
(a) The comptroller [ |
||
bond before executing a contract. | ||
(b) The comptroller [ |
||
amount that the comptroller [ |
||
necessary to protect the state's interests. | ||
(d) Any bond required shall be filed with the comptroller | ||
[ |
||
SECTION 65. Section 2156.061, Government Code, is amended | ||
to read as follows: | ||
Sec. 2156.061. USE OF OPEN MARKET PURCHASE PROCEDURE | ||
[ |
||
determination that a purchase of goods or services may be made most | ||
effectively in the open market, the comptroller [ |
||
use the open market purchase procedure and the purchase may be made | ||
without newspaper advertising. | ||
SECTION 66. Sections 2156.064(a) and (b), Government Code, | ||
are amended to read as follows: | ||
(a) The comptroller [ |
||
open market orders and bids submitted on the orders. | ||
(b) A tabulation of the bids shall be open for public | ||
inspection, under rules established by the comptroller | ||
[ |
||
SECTION 67. Sections 2156.065, 2156.066, 2156.121, | ||
2156.122, 2156.123, 2156.124, 2156.125, and 2156.126, Government | ||
Code, are amended to read as follows: | ||
Sec. 2156.065. AGENCY REVIEW OF BIDS. (a) On the request | ||
of a state agency to review the bids on a purchase administered by | ||
the comptroller [ |
||
send or make available to the requesting agency copies of each bid | ||
received and the comptroller's [ |
||
(b) If, after review of the bids and evaluation of the | ||
quality of goods or services offered in the bids, the state agency | ||
determines that the bid selected by the comptroller [ |
||
does not offer the best value for the state, the agency may file | ||
with the comptroller [ |
||
award be made to the bidder who, according to the agency's | ||
determination, offers the best value for the state. The agency | ||
recommendation must include a justification of the agency's | ||
determination. | ||
(c) The comptroller [ |
||
bound by, the agency recommendation in making the award. | ||
Sec. 2156.066. STATEMENT OF REASONS FOR AWARD. The | ||
division of the comptroller [ |
||
purchasing or the state agency making a purchase shall prepare and | ||
file with other records relating to a transaction under this | ||
subchapter a statement of the reasons for placing an order with a | ||
successful bidder for the transaction and the factors considered in | ||
determining the bid offering the best value for the state. | ||
Sec. 2156.121. USE OF COMPETITIVE SEALED PROPOSALS. (a) | ||
The comptroller [ |
||
procedure using competitive sealed proposals to acquire goods or | ||
services if the comptroller [ |
||
competitive sealed bidding and informal competitive bidding for the | ||
purchase or type of purchase are not practical or are | ||
disadvantageous to the state. | ||
(b) A state agency shall send its proposal specifications | ||
and criteria to the comptroller [ |
||
request the comptroller [ |
||
specifications and criteria. | ||
(c) The comptroller [ |
||
delegate sole oversight of the acquisition to a state agency or to | ||
retain oversight of the procurement. | ||
Sec. 2156.122. SOLICITATION OF PROPOSALS. The comptroller | ||
[ |
||
(1) solicit proposals under this subchapter by a | ||
request for proposals; and | ||
(2) give public notice of a request for proposals in | ||
the manner provided for requests for bids under Subchapter B. | ||
Sec. 2156.123. OPENING AND FILING OF PROPOSALS; PUBLIC | ||
INSPECTION. (a) The comptroller [ |
||
agency shall avoid disclosing the contents of each proposal on | ||
opening the proposal and during negotiations with competing | ||
offerors. | ||
(b) The comptroller [ |
||
shall file each proposal in a register of proposals, which, after a | ||
contract is awarded, is open for public inspection unless the | ||
register contains information that is excepted from required | ||
disclosure under Subchapter C, Chapter 552. | ||
Sec. 2156.124. DISCUSSION AND REVISION OF PROPOSALS. (a) | ||
As provided in a request for proposals and under rules adopted by | ||
the comptroller [ |
||
other state agency may discuss acceptable or potentially acceptable | ||
proposals with offerors to assess an offeror's ability to meet the | ||
solicitation requirements. When the comptroller [ |
||
managing the request for proposals process, it shall invite a | ||
requisitioning agency to participate in discussions conducted | ||
under this section. | ||
(b) After receiving a proposal but before making an award, | ||
the comptroller [ |
||
offeror to revise the proposal to obtain the best final offer. | ||
(c) The comptroller [ |
||
not disclose information derived from proposals submitted from | ||
competing offerors in conducting discussions under this section. | ||
(d) The comptroller [ |
||
shall provide each offeror an equal opportunity to discuss and | ||
revise proposals. | ||
Sec. 2156.125. CONTRACT AWARD. (a) The comptroller | ||
[ |
||
contract to the offeror whose proposal offers the best value for the | ||
state, considering price, past vendor performance, vendor | ||
experience or demonstrated capability, and the evaluation factors | ||
in the request for proposals. | ||
(b) The comptroller [ |
||
shall refuse all offers if none of the offers submitted is | ||
acceptable. | ||
(c) The comptroller [ |
||
shall determine which proposal offers the best value for the state | ||
in accordance with Sections 2155.074 and 2155.075. | ||
(d) The comptroller [ |
||
shall state in writing in the contract file the reasons for making | ||
an award. | ||
Sec. 2156.126. ADOPTION OF RULES; STATE AGENCY ASSISTANCE. | ||
The comptroller [ |
||
from other state agencies to perform its responsibilities under | ||
this subchapter. | ||
SECTION 68. Sections 2156.181(a) and (b), Government Code, | ||
are amended to read as follows: | ||
(a) The comptroller [ |
||
compacts, interagency agreements, or cooperative purchasing | ||
agreements directly with one or more state governments, agencies of | ||
other states, or other governmental entities or may participate in, | ||
sponsor, or administer a cooperative purchasing agreement through | ||
an entity that facilitates those agreements for the purchase of | ||
goods or services if the comptroller [ |
||
the agreement would be in the best interest of the state. | ||
(b) The comptroller [ |
||
implement this section. | ||
SECTION 69. Section 2157.001(1), Government Code, is | ||
amended to read as follows: | ||
(1) "Automated information system" includes: | ||
(A) the computers and computer devices on which | ||
an information system is automated, including computers and | ||
computer devices that the comptroller [ |
||
guidelines developed by the comptroller [ |
||
consultation with the department and in accordance with Chapter | ||
2054 and rules adopted under that chapter; | ||
(B) a service related to the automation of an | ||
information system, including computer software or computers; | ||
(C) a telecommunications apparatus or device | ||
that serves as a component of a voice, data, or video communications | ||
network for transmitting, switching, routing, multiplexing, | ||
modulating, amplifying, or receiving signals on the network, and | ||
services related to telecommunications that are not covered under | ||
Paragraph (D); and | ||
(D) for the department, as telecommunications | ||
provider for the state, the term includes any service provided by a | ||
telecommunications provider, as that term is defined by Section | ||
51.002, Utilities Code. | ||
SECTION 70. Sections 2157.0011 and 2157.003, Government | ||
Code, are amended to read as follows: | ||
Sec. 2157.0011. COMPTROLLER POWERS AND [ |
||
DUTIES[ |
||
the powers and duties described by Section 2151.004(d) [ |
||
|
||
[ |
||
|
||
Sec. 2157.003. DETERMINING BEST VALUE FOR PURCHASES OF | ||
AUTOMATED INFORMATION SYSTEMS. "Best value" for purposes of this | ||
chapter means the lowest overall cost of an automated information | ||
system. In determining the lowest overall cost for a purchase or | ||
lease of an automated information system under this chapter, the | ||
comptroller [ |
||
including: | ||
(1) the purchase price; | ||
(2) the compatibility to facilitate the exchange of | ||
existing data; | ||
(3) the capacity for expanding and upgrading to more | ||
advanced levels of technology; | ||
(4) quantitative reliability factors; | ||
(5) the level of training required to bring persons | ||
using the system to a stated level of proficiency; | ||
(6) the technical support requirements for the | ||
maintenance of data across a network platform and the management of | ||
the network's hardware and software; | ||
(7) the compliance with applicable department | ||
statewide standards validated by criteria adopted by the department | ||
by rule; and | ||
(8) applicable factors listed in Sections 2155.074 and | ||
2155.075. | ||
SECTION 71. Sections 2157.006(a) and (c), Government Code, | ||
are amended to read as follows: | ||
(a) The comptroller [ |
||
shall purchase an automated information system using: | ||
(1) the purchasing method described by Section | ||
2157.068 for commodity items; or | ||
(2) a purchasing method designated by the comptroller | ||
[ |
||
request for offers method. | ||
(c) The comptroller [ |
||
designating purchasing methods under Subsection (a)(2). | ||
SECTION 72. Section 2157.068(i), Government Code, is | ||
amended to read as follows: | ||
(i) Unless the agency has express statutory authority to | ||
employ a best value purchasing method other than a purchasing | ||
method designated by the comptroller [ |
||
2157.006(a)(2), a state agency shall use a purchasing method | ||
provided by Section 2157.006(a) when purchasing a commodity item | ||
if: | ||
(1) the agency has obtained an exemption from the | ||
department or approval from the Legislative Budget Board under | ||
Subsection (f); or | ||
(2) the agency is otherwise exempt from this section. | ||
SECTION 73. Sections 2157.121, 2157.122, 2157.123, | ||
2157.124, 2157.125, and 2157.126, Government Code, are amended to | ||
read as follows: | ||
Sec. 2157.121. ACQUISITION THROUGH COMPETITIVE SEALED | ||
PROPOSALS. (a) The comptroller [ |
||
may acquire a telecommunications device, system, or service or an | ||
automated information system by using competitive sealed proposals | ||
if the comptroller [ |
||
bidding and informal competitive bidding are not practical or are | ||
disadvantageous to the state. | ||
(b) A state agency, other than the department, shall send | ||
its proposal specifications and criteria to the comptroller | ||
[ |
||
to develop the proposal specifications and criteria. | ||
(c) The department may acquire a telecommunications device, | ||
system, or service or an automated information system by using | ||
competitive sealed proposals without regard to whether the | ||
comptroller [ |
||
Subsection (a) for other state agencies. | ||
Sec. 2157.122. SOLICITATION OF PROPOSALS; PUBLIC NOTICE. | ||
The comptroller [ |
||
(1) solicit proposals under this subchapter by a | ||
request for proposals; and | ||
(2) give public notice of the request in the manner | ||
provided for requests for bids under Subchapter B, Chapter 2156. | ||
Sec. 2157.123. OPENING AND FILING PROPOSALS; PUBLIC | ||
INSPECTION. (a) The comptroller [ |
||
agency shall avoid disclosing the contents of each proposal on | ||
opening the proposal and during negotiations with competing | ||
offerors. | ||
(b) The comptroller [ |
||
shall file each proposal in a register of proposals, which, after a | ||
contract is awarded, is open for public inspection unless the | ||
register contains information that is excepted from required | ||
disclosure under Subchapter C, Chapter 552. | ||
Sec. 2157.124. DISCUSSION AND REVISION OF PROPOSAL. (a) As | ||
provided by a request for proposals and under comptroller | ||
[ |
||
agency may discuss an acceptable or potentially acceptable proposal | ||
with an offeror to assess the offeror's ability to meet the | ||
solicitation requirements. When the comptroller [ |
||
managing the request for proposals process, it shall invite a | ||
requisitioning agency to participate in discussions conducted | ||
under this section. | ||
(b) After receiving a proposal but before making an award, | ||
the comptroller [ |
||
offeror to revise a proposal to obtain the best final offer. | ||
(c) The comptroller [ |
||
not disclose information derived from a proposal submitted by a | ||
competing offeror in conducting discussions under this section. | ||
(d) The comptroller [ |
||
shall provide each offeror an equal opportunity to discuss and | ||
revise proposals. | ||
Sec. 2157.125. CONTRACT AWARD; FACTORS CONSIDERED. (a) | ||
The comptroller [ |
||
written award of a purchase or lease to the offeror whose proposal | ||
under this subchapter offers the best value for the state, | ||
considering price, past vendor performance, vendor experience or | ||
demonstrated capability, and the evaluation factors in the request | ||
for proposals. | ||
(b) The comptroller [ |
||
shall refuse all offers if no offer submitted is acceptable. | ||
(c) In determining which proposal under this subchapter | ||
offers the best value for the state, the comptroller [ |
||
or other state agency shall, when applicable and subject to | ||
Sections 2155.074 and 2155.075, consider factors including: | ||
(1) the installation cost; | ||
(2) the overall life of the system or equipment; | ||
(3) the cost of acquisition, operation, and | ||
maintenance of hardware included with, associated with, or required | ||
for the system or equipment during the state's ownership or lease; | ||
(4) the cost of acquisition, operation, and | ||
maintenance of software included with, associated with, or required | ||
for the system or equipment during the state's ownership or lease; | ||
(5) the estimated cost of other supplies needed | ||
because of the acquisition; | ||
(6) the estimated cost of employee training needed | ||
because of the acquisition; | ||
(7) the estimated cost of necessary additional | ||
permanent employees because of the acquisition; and | ||
(8) the estimated increase in employee productivity | ||
because of the acquisition. | ||
(d) The comptroller [ |
||
shall state in writing in the contract file the reasons for making | ||
an award. | ||
Sec. 2157.126. RULES. The comptroller [ |
||
adopt rules necessary or convenient to perform its responsibilities | ||
regarding requests for proposals under this subchapter and shall | ||
request assistance from other state agencies as needed. | ||
SECTION 74. Sections 2157.181, 2157.182, and 2157.184, | ||
Government Code, are amended to read as follows: | ||
Sec. 2157.181. PREAPPROVED CONTRACT TERMS AND CONDITIONS. | ||
(a) The comptroller [ |
||
department, may negotiate with vendors preapproved terms and | ||
conditions to be included in contracts relating to the purchase or | ||
lease of a telecommunication device, system, or service or an | ||
automated information system awarded to a vendor by a state agency. | ||
(b) The comptroller [ |
||
agree to the wording of preapproved terms and conditions negotiated | ||
with a vendor. | ||
Sec. 2157.182. VALIDITY OF PREAPPROVED TERMS AND | ||
CONDITIONS; RENEGOTIATION. (a) Preapproved terms and conditions | ||
to which a vendor, the comptroller [ |
||
agree are valid for two years after the date of the agreement and | ||
must provide that the terms and conditions are to be renegotiated | ||
before the end of the two years. | ||
(b) The comptroller [ |
||
shall establish procedures to ensure that terms and conditions are | ||
renegotiated before they expire in a contract between the vendor | ||
and a state agency. | ||
Sec. 2157.184. NOTIFICATION OF STATE AGENCIES AND VENDORS. | ||
The comptroller [ |
||
establish procedures to notify state agencies and potential vendors | ||
of the provisions of this subchapter regarding preapproved terms | ||
and conditions. | ||
SECTION 75. Section 2158.0011, Government Code, is amended | ||
to read as follows: | ||
Sec. 2158.0011. COMPTROLLER POWERS AND [ |
||
DUTIES[ |
||
the powers and duties described by Section 2151.004(d) [ |
||
|
||
[ |
||
|
||
SECTION 76. Section 2158.004(d), Government Code, is | ||
amended to read as follows: | ||
(d) The comptroller [ |
||
of this section for a state agency on receipt of certification | ||
supported by evidence acceptable to the comptroller [ |
||
that: | ||
(1) the agency's vehicles will be operating primarily | ||
in an area in which neither the agency nor a supplier has or can | ||
reasonably be expected to establish adequate refueling for | ||
compressed natural gas, liquefied natural gas, liquefied petroleum | ||
gas, methanol or methanol/gasoline blends of 85 percent or greater, | ||
ethanol or ethanol/gasoline blends of 85 percent or greater, | ||
biodiesel or biodiesel/diesel blends of 20 percent or greater, or | ||
electricity, including electricity to power a plug-in hybrid motor | ||
vehicle; or | ||
(2) the agency is unable to obtain equipment or | ||
refueling facilities necessary to operate vehicles using | ||
compressed natural gas, liquefied natural gas, liquefied petroleum | ||
gas, methanol or methanol/gasoline blends of 85 percent or greater, | ||
ethanol or ethanol/gasoline blends of 85 percent or greater, | ||
biodiesel or biodiesel/diesel blends of 20 percent or greater, or | ||
electricity, including electricity to power a plug-in hybrid motor | ||
vehicle, at a projected cost that is reasonably expected to be no | ||
greater than the net costs of continued use of conventional | ||
gasoline or diesel fuels, measured over the expected useful life of | ||
the equipment or facilities supplied. | ||
SECTION 77. Sections 2158.006 and 2158.007, Government | ||
Code, are amended to read as follows: | ||
Sec. 2158.006. DETERMINATION OF ALTERNATIVE FUELS PROGRAM | ||
PARAMETERS. In developing the use of compressed natural gas, | ||
liquefied natural gas, liquefied petroleum gas, methanol or | ||
methanol/gasoline blends of 85 percent or greater, ethanol or | ||
ethanol/gasoline blends of 85 percent or greater, biodiesel or | ||
biodiesel/diesel blends of 20 percent or greater, or electricity, | ||
including electricity to power a plug-in hybrid motor vehicle, the | ||
comptroller [ |
||
operators, vehicle manufacturers and converters, fuel | ||
distributors, and others to determine the vehicles to be covered, | ||
taking into consideration: | ||
(1) range; | ||
(2) specialty uses; | ||
(3) fuel availability; | ||
(4) vehicle manufacturing and conversion capability; | ||
(5) safety; | ||
(6) resale values; and | ||
(7) other relevant factors. | ||
Sec. 2158.007. COMPLIANCE WITH APPLICABLE SAFETY | ||
STANDARDS. In purchasing, leasing, maintaining, or converting | ||
vehicles for use with compressed natural gas, liquefied natural | ||
gas, liquefied petroleum gas, methanol or methanol/gasoline blends | ||
of 85 percent or greater, ethanol or ethanol/gasoline blends of 85 | ||
percent or greater, biodiesel or biodiesel/diesel blends of 20 | ||
percent or greater, or electricity, including electricity to power | ||
a plug-in hybrid motor vehicle, the comptroller [ |
||
comply with all applicable safety standards adopted by the United | ||
States Department of Transportation and the Railroad Commission of | ||
Texas. | ||
SECTION 78. Section 2158.122(a), Government Code, is | ||
amended to read as follows: | ||
(a) On consent of the comptroller [ |
||
governor, a person may print extra copies of matter printed under a | ||
state contract and sell the copies at a price fixed by the | ||
comptroller [ |
||
[ |
||
distributed in this manner for the benefit of the public. | ||
SECTION 79. Sections 2158.181 and 2158.241, Government | ||
Code, are amended to read as follows: | ||
Sec. 2158.181. SAFETY STANDARDS FOR ELECTRICAL ITEMS. The | ||
comptroller [ |
||
an electrical item unless the item meets applicable safety | ||
standards of the federal Occupational Safety and Health | ||
Administration. | ||
Sec. 2158.241. INTERSTATE COMPACTS AND COOPERATIVE | ||
AGREEMENTS FOR PROCURING RECYCLED PRODUCTS. The comptroller | ||
[ |
||
with other states and government entities for procuring products | ||
made of recycled materials when the comptroller [ |
||
determines it is in the best interest of the state. | ||
SECTION 80. Section 2158.301, Government Code, as added by | ||
Chapter 262 (S.B. 12), Acts of the 80th Legislature, Regular | ||
Session, 2007, is amended to read as follows: | ||
Sec. 2158.301. ENERGY CONSERVATION. If available and cost | ||
effective, the comptroller [ |
||
shall purchase equipment and appliances for state use that meet or | ||
exceed the federal Energy Star standards designated by the United | ||
States Environmental Protection Agency and the United States | ||
Department of Energy. | ||
SECTION 81. Sections 2161.0011, 2161.0015, 2161.002, and | ||
2161.003, Government Code, are amended to read as follows: | ||
Sec. 2161.0011. COMPTROLLER POWERS AND [ |
||
DUTIES[ |
||
the powers and duties described by Section 2151.004(d) [ |
||
|
||
[ |
||
|
||
Sec. 2161.0015. DETERMINING SIZE STANDARDS FOR | ||
HISTORICALLY UNDERUTILIZED BUSINESSES. The comptroller | ||
[ |
||
exceed if it is to be considered a historically underutilized | ||
business under this chapter. In determining the size standards, | ||
the comptroller [ |
||
business should be considered sufficiently large that the business | ||
probably does not significantly suffer from the effects of past | ||
discriminatory practices. | ||
Sec. 2161.002. [ |
||
[ |
||
the comptroller [ |
||
(1) require information from a state agency; and | ||
(2) adopt rules. | ||
(c) In adopting rules to administer this chapter, the | ||
comptroller [ |
||
results of the "State of Texas Disparity Study, A Report to the | ||
Texas Legislature as Mandated by H.B. 2626, 73rd Legislature, | ||
December 1994" (prepared by National Economic Research Associates, | ||
Inc.). The comptroller [ |
||
response to the findings of any updates of the study that are | ||
prepared on behalf of the state. | ||
(d) The comptroller shall adopt rules to provide goals for | ||
increasing the contract awards for the purchase of goods or | ||
services by the comptroller [ |
||
to businesses that qualify as historically underutilized | ||
businesses because the businesses are owned or owned, operated, and | ||
controlled, as applicable, wholly or partly by one or more veterans | ||
as defined by 38 U.S.C. Section 101(2) who have a service-connected | ||
disability as defined by 38 U.S.C. Section 101(16). The goals | ||
established under this subsection are in addition to the goals | ||
established under Subsection (c) and the goals established under | ||
Subsection (c) may not be reduced as a result of the establishment | ||
of goals under this subsection. | ||
Sec. 2161.003. AGENCY RULES. A state agency, including an | ||
institution of higher education, shall adopt the comptroller's | ||
[ |
||
institution's own rules. Those rules apply to the agency's | ||
construction projects and purchases of goods and services paid for | ||
with appropriated money without regard to whether a project or | ||
purchase is otherwise subject to this subtitle. | ||
SECTION 82. Section 2161.004(a), Government Code, is | ||
amended to read as follows: | ||
(a) This chapter and rules adopted by the comptroller | ||
[ |
||
projects and purchases of goods and services that are paid for with | ||
appropriated money and made under the authority of this subtitle or | ||
other law. | ||
SECTION 83. Section 2161.005, Government Code, is amended | ||
to read as follows: | ||
Sec. 2161.005. TRANSFER OF FUNDS FOR PURCHASING. If the | ||
state auditor reports to the comptroller [ |
||
2161.123(d) that a state agency is not complying with Section | ||
2161.123, the comptroller [ |
||
the Legislative Budget Board. If the Legislative Budget Board | ||
determines that, one year after the date of the state auditor's | ||
report to the comptroller [ |
||
complying with Section 2161.123, the budget board may, under | ||
Section 69, Article XVI, Texas Constitution, direct the emergency | ||
transfer of the agency's appropriated funds for making purchases | ||
under purchasing authority delegated under Section 2155.131 [ |
||
|
||
from the agency's funds to the appropriate agency shall be an amount | ||
determined by the Legislative Budget Board. | ||
SECTION 84. The heading to Subchapter B, Chapter 2161, | ||
Government Code, is amended to read as follows: | ||
SUBCHAPTER B. GENERAL POWERS AND DUTIES [ |
||
SECTION 85. The heading to Section 2161.061, Government | ||
Code, is amended to read as follows: | ||
Sec. 2161.061. [ |
||
UNDERUTILIZED BUSINESSES. | ||
SECTION 86. Sections 2161.061(a), (b), (c), and (d), | ||
Government Code, are amended to read as follows: | ||
(a) The comptroller [ |
||
underutilized businesses. | ||
(b) As one of its certification procedures, the comptroller | ||
[ |
||
(1) approve the certification program of one or more | ||
local governments or nonprofit organizations in this state that | ||
certify historically underutilized businesses, minority business | ||
enterprises, women's business enterprises, or disadvantaged | ||
business enterprises under substantially the same definition, to | ||
the extent applicable, used by Section 2161.001, if the local | ||
government or nonprofit organization meets or exceeds the standards | ||
established by the comptroller [ |
||
(2) certify a business that is certified by a local | ||
government or by a nonprofit organization as a historically | ||
underutilized business under this chapter. | ||
(c) To maximize the number of certified historically | ||
underutilized businesses, the comptroller [ |
||
into agreements with local governments in this state that conduct | ||
certification programs described by Subsection (b) and with | ||
nonprofit organizations. The comptroller [ |
||
terminate an agreement if a local government or nonprofit | ||
organization fails to meet the standards established by the | ||
comptroller [ |
||
businesses. The agreements must take effect immediately and: | ||
(1) allow for automatic certification of businesses | ||
certified by the local government or nonprofit organization; | ||
(2) provide for the efficient updating of the | ||
comptroller [ |
||
historically underutilized businesses and potential historically | ||
underutilized businesses; and | ||
(3) provide for a method by which the comptroller | ||
[ |
||
by the local government or nonprofit organization and provide those | ||
businesses with information about the state historically | ||
underutilized business program. | ||
(d) A local government or a nonprofit organization that | ||
certifies historically underutilized businesses, minority business | ||
enterprises, women's business enterprises, or disadvantaged | ||
business enterprises as described in Subsections (b) and (c) shall | ||
complete the certification of an applicant or provide an applicant | ||
with written justification of its certification denial within the | ||
period established by the comptroller [ |
||
certification activities. | ||
SECTION 87. Sections 2161.062, 2161.063, and 2161.064, | ||
Government Code, are amended to read as follows: | ||
Sec. 2161.062. ASSISTANCE TO HISTORICALLY UNDERUTILIZED | ||
BUSINESSES. (a) The comptroller [ |
||
advice of the governor, legislature, and state agencies in | ||
identifying and developing opportunities for historically | ||
underutilized businesses. | ||
(b) The comptroller [ |
||
underutilized businesses assistance and training regarding state | ||
procurement procedures. | ||
(c) The comptroller [ |
||
underutilized businesses of available state contracts and shall | ||
advise historically underutilized businesses to apply for | ||
registration on the comptroller's [ |
||
list. | ||
(d) The comptroller [ |
||
underutilized businesses an orientation package on certification | ||
or recertification. The package shall include: | ||
(1) a certificate issued in the historically | ||
underutilized business's name; | ||
(2) a description of the significance and value of | ||
certification; | ||
(3) a list of state purchasing personnel; | ||
(4) information regarding electronic commerce | ||
opportunities; | ||
(5) information regarding the Texas Marketplace | ||
website; and | ||
(6) additional information about the state | ||
procurement process. | ||
(e) A state agency with a biennial budget that exceeds $10 | ||
million shall designate a staff member to serve as the historically | ||
underutilized businesses coordinator for the agency during the | ||
fiscal year. The procurement director may serve as the | ||
coordinator. In agencies that employ a historically underutilized | ||
businesses coordinator, the position of coordinator, within the | ||
agency's structure, must be at least equal to the position of | ||
procurement director. In addition to any other responsibilities, | ||
the coordinator shall: | ||
(1) coordinate training programs for the recruitment | ||
and retention of historically underutilized businesses; | ||
(2) report required information to the comptroller | ||
[ |
||
(3) match historically underutilized businesses with | ||
key staff within the agency. | ||
Sec. 2161.063. ASSISTING STATE AGENCIES. (a) The | ||
comptroller [ |
||
historically underutilized businesses by: | ||
(1) working with state agencies to establish a | ||
statewide policy for increasing the use of historically | ||
underutilized businesses; | ||
(2) assisting state agencies in seeking historically | ||
underutilized businesses capable of supplying required goods or | ||
services; | ||
(3) assisting state agencies in identifying and | ||
advising historically underutilized businesses on the types of | ||
goods and services the agencies need; and | ||
(4) assisting state agencies in increasing the amount | ||
of business placed with historically underutilized businesses. | ||
(b) The comptroller [ |
||
Department of Economic Development in performing the department's | ||
duties under Section 481.0068. | ||
Sec. 2161.064. DIRECTORY. (a) The comptroller | ||
[ |
||
directory of businesses certified as historically underutilized | ||
businesses under Section 2161.061. | ||
(b) The comptroller [ |
||
shall update the directory and provide access to the directory | ||
electronically or in another form to each state agency. | ||
(c) Depending on the needs of a state agency, the | ||
comptroller [ |
||
electronically or in another form. | ||
(d) The comptroller [ |
||
directory to every municipality in January and July of each year. | ||
On request, the comptroller [ |
||
available to other local governments and the public. | ||
(e) A state agency, including the comptroller [ |
||
shall use the directory in determining awards of state purchasing | ||
and public works contracts. | ||
SECTION 88. Section 2161.065(a), Government Code, is | ||
amended to read as follows: | ||
(a) The comptroller [ |
||
mentor-protege program to foster long-term relationships between | ||
prime contractors and historically underutilized businesses and to | ||
increase the ability of historically underutilized businesses to | ||
contract with the state or to receive subcontracts under a state | ||
contract. Each state agency with a biennial appropriation that | ||
exceeds $10 million shall implement the program designed by the | ||
comptroller [ |
||
SECTION 89. Sections 2161.066(a), (d), and (e), Government | ||
Code, are amended to read as follows: | ||
(a) The comptroller [ |
||
forums in which historically underutilized businesses are invited | ||
by state agencies to deliver technical and business presentations | ||
that demonstrate their capability to do business with the agency: | ||
(1) to senior managers and procurement personnel at | ||
state agencies that acquire goods and services of a type supplied by | ||
the historically underutilized businesses; and | ||
(2) to contractors with the state who may be | ||
subcontracting for goods and services of a type supplied by the | ||
historically underutilized businesses. | ||
(d) Each state agency that has a historically underutilized | ||
businesses coordinator shall: | ||
(1) design its own program and model the program to the | ||
extent appropriate on the program developed by the comptroller | ||
[ |
||
(2) sponsor presentations by historically | ||
underutilized businesses at the agency. | ||
(e) The comptroller [ |
||
has a historically underutilized businesses coordinator shall | ||
aggressively identify and notify individual historically | ||
underutilized businesses regarding opportunities to make a | ||
presentation regarding the types of goods and services supplied by | ||
the historically underutilized business and shall advertise in | ||
appropriate trade publications that target historically | ||
underutilized businesses regarding opportunities to make a | ||
presentation. | ||
SECTION 90. Section 2161.121, Government Code, as amended | ||
by Chapters 48 (H.B. 2472) and 1312 (S.B. 59), Acts of the 83rd | ||
Legislature, Regular Session, 2013, is reenacted and amended to | ||
read as follows: | ||
Sec. 2161.121. [ |
||
HISTORICALLY UNDERUTILIZED BUSINESSES. (a) The comptroller | ||
[ |
||
(1) includes the number and dollar amount of contracts | ||
awarded and paid to historically underutilized businesses | ||
certified by the comptroller [ |
||
(2) analyzes the relative level of opportunity for | ||
historically underutilized businesses for various categories of | ||
acquired goods and services; and | ||
(3) tracks, by vendor identification number and, to | ||
the extent allowed by federal law, by social security number, the | ||
graduation rates for historically underutilized businesses that | ||
grew to exceed the size standards determined by the comptroller | ||
[ |
||
(b) Each state agency shall send to the comptroller | ||
[ |
||
information required by the comptroller [ |
||
preparation of the comptroller's [ |
||
than March 15 and September 15 of each year. | ||
(c) The comptroller [ |
||
the compilation and analysis of reports received under Subsection | ||
(b) and other information maintained or received by [ |
||
comptroller. | ||
(d) The comptroller [ |
||
presiding officer of each house of the legislature: | ||
(1) on May 15 of each year, a report on the previous | ||
six-month period; and | ||
(2) on November 15 of each year, a report on the | ||
preceding fiscal year. | ||
SECTION 91. Sections 2161.122(c), (d), and (e), Government | ||
Code, are amended to read as follows: | ||
(c) Each state agency shall report to the comptroller | ||
[ |
||
information with regard to the expenditure of both treasury and | ||
nontreasury funds: | ||
(1) the total dollar amount of purchases and payments | ||
made under contracts awarded to historically underutilized | ||
businesses; | ||
(2) the number of businesses participating in any | ||
issuance of state bonds by the agency; | ||
(3) the number of contracts awarded to businesses with | ||
regard to the agency's acquisition, construction, or equipping of a | ||
facility or implementation of a program; and | ||
(4) the number of bids, proposals, or other applicable | ||
expressions of interest made by historically underutilized | ||
businesses with regard to the agency's acquisition, construction, | ||
or equipping of a facility or implementation of a program. | ||
(d) A state agency participating in a group purchasing | ||
program shall send to the comptroller [ |
||
report under Section 2161.121 a separate list of purchases from | ||
historically underutilized businesses that are made through the | ||
group purchasing program, including the dollar amount of each | ||
purchase allocated to the reporting agency. | ||
(e) A state agency's report is a record of the agency's | ||
purchases for which the agency selected the vendor. If the vendor | ||
was selected by the comptroller [ |
||
contract program, the comptroller [ |
||
purchase in the comptroller's [ |
||
purchases unless the comptroller [ |
||
purchase for the agency under Section 2155.067. The state agency | ||
for which the purchase was made shall report the selection of the | ||
vendor on its report as if the agency selected the vendor when the | ||
agency drew specifications for goods or services that are | ||
proprietary to one vendor. | ||
SECTION 92. Sections 2161.123(a), (c), (d), and (f), | ||
Government Code, are amended to read as follows: | ||
(a) Each state agency, including the comptroller | ||
[ |
||
Chapter 2056 shall include in its strategic plan a written plan for | ||
increasing the agency's use of historically underutilized | ||
businesses in purchasing and public works contracting. The | ||
governing board of each university system or institution of higher | ||
education not included in a university system, other than a public | ||
junior college, shall prepare a written plan for increasing the use | ||
of historically underutilized businesses in purchasing and public | ||
works contracting by the system or institution. | ||
(c) On request, the comptroller [ |
||
technical assistance to a state agency that is preparing its plan. | ||
(d) The comptroller [ |
||
shall cooperate to develop procedures providing for random periodic | ||
monitoring of state agency compliance with this section. The state | ||
auditor shall report to the comptroller [ |
||
that is not complying with this section. In determining whether a | ||
state agency is making a good faith effort to comply, the state | ||
auditor shall consider whether the agency: | ||
(1) has adopted rules under Section 2161.003; | ||
(2) has used the comptroller's [ |
||
directory under Section 2161.064 and other resources to identify | ||
historically underutilized businesses that are able and available | ||
to contract with the agency; | ||
(3) made good faith, timely efforts to contact | ||
identified historically underutilized businesses regarding | ||
contracting opportunities; | ||
(4) conducted its procurement program in accordance | ||
with the good faith effort methodology set out in comptroller | ||
[ |
||
(5) established goals for contracting with | ||
historically underutilized businesses in each procurement category | ||
based on: | ||
(A) scheduled fiscal year expenditures; and | ||
(B) the availability of historically | ||
underutilized businesses in each category as determined by rules | ||
adopted under Section 2161.002. | ||
(f) If the state auditor reports to the comptroller | ||
[ |
||
section, the comptroller [ |
||
complying. | ||
SECTION 93. Sections 2161.124(a) and (b), Government Code, | ||
are amended to read as follows: | ||
(a) Each state agency, including the comptroller | ||
[ |
||
documenting progress under its plan for increasing use of | ||
historically underutilized businesses. | ||
(b) The comptroller [ |
||
form for the report. | ||
SECTION 94. Section 2161.126, Government Code, is amended | ||
to read as follows: | ||
Sec. 2161.126. EDUCATION AND OUTREACH [ |
||
Before October 15 of each year, the comptroller [ |
||
report to the governor, the lieutenant governor, and the speaker of | ||
the house of representatives on the education and training efforts | ||
that the comptroller [ |
||
underutilized businesses. The report must include the following as | ||
related to historically underutilized businesses: | ||
(1) the comptroller's [ |
||
and philosophy; | ||
(2) marketing materials and other educational | ||
materials distributed by the comptroller [ |
||
(3) the comptroller's [ |
||
education, outreach, and dissemination of information; | ||
(4) goals that the comptroller [ |
||
attained during the fiscal year; | ||
(5) the comptroller's [ |
||
objectives, and expected outcome measures for each outreach and | ||
education event; and | ||
(6) the comptroller's [ |
||
initiatives on education and outreach. | ||
SECTION 95. Section 2161.127(a), Government Code, is | ||
amended to read as follows: | ||
(a) Each state agency must include as part of its | ||
legislative appropriations request a detailed report for | ||
consideration by the budget committees of the legislature that | ||
shows the extent to which the agency complied with this chapter and | ||
rules of the comptroller [ |
||
during the two calendar years preceding the calendar year in which | ||
the request is submitted. To the extent the state agency did not | ||
comply, the report must demonstrate the reasons for that fact. The | ||
extent to which a state agency complies with this chapter and rules | ||
of the comptroller [ |
||
considered a key performance measure for purposes of the | ||
appropriations process. | ||
SECTION 96. Section 2161.181, Government Code, is amended | ||
to read as follows: | ||
Sec. 2161.181. GOALS FOR PURCHASES OF GOODS AND SERVICES. A | ||
state agency, including the comptroller [ |
||
good faith effort to increase the contract awards for the purchase | ||
of goods or services that the agency expects to make during a fiscal | ||
year to historically underutilized businesses based on rules | ||
adopted by the comptroller [ |
||
study described by Section 2161.002(c). | ||
SECTION 97. Section 2161.182(a), Government Code, is | ||
amended to read as follows: | ||
(a) A state agency that contracts for a construction | ||
project, including a project under Section 2166.003, shall make a | ||
good faith effort to increase the construction contract awards that | ||
the agency expects to make during a fiscal year to historically | ||
underutilized businesses based on rules adopted by the comptroller | ||
[ |
||
2161.002(c). | ||
SECTION 98. Section 2161.183(a), Government Code, is | ||
amended to read as follows: | ||
(a) Not later than the 60th day of its fiscal year, a state | ||
agency, including the comptroller [ |
||
(1) shall estimate the total value of contract awards | ||
the agency expects to make for that fiscal year that are subject to | ||
Section 2161.181; and | ||
(2) shall estimate the total value of contract awards | ||
the agency expects to make for that fiscal year under Chapter 2166. | ||
SECTION 99. Section 2161.253(e), Government Code, is | ||
amended to read as follows: | ||
(e) The comptroller [ |
||
administer this subchapter. | ||
SECTION 100. Sections 2163.001, 2163.0011, 2163.002, | ||
2163.003, and 2163.004, Government Code, are amended to read as | ||
follows: | ||
Sec. 2163.001. REVIEW PROCESS. (a) The comptroller | ||
[ |
||
commercially available services being performed by the comptroller | ||
[ |
||
better provided by other state agency providers of the services or | ||
private commercial sources. | ||
(b) In reviewing its services, the comptroller [ |
||
shall: | ||
(1) determine whether competitive vendors exist in the | ||
private sector; | ||
(2) compare the cost of contracting for the services | ||
from other state agency providers of the services or private | ||
commercial sources to the comptroller's [ |
||
performing the services; and | ||
(3) document cost savings from contracting for the | ||
services from other state agency providers of the services or | ||
private commercial sources. | ||
(c) Each commercially available service performed by the | ||
comptroller [ |
||
years. | ||
Sec. 2163.0011. COMPTROLLER POWERS AND [ |
||
DUTIES[ |
||
the powers and duties described by Section 2151.004(d) [ |
||
|
||
[ |
||
|
||
Sec. 2163.002. COST COMPARISON AND CONTRACT | ||
CONSIDERATIONS. (a) The comptroller [ |
||
all of its direct and indirect costs in determining the cost of | ||
providing a service. | ||
(b) In comparing the cost of providing a service, the | ||
comptroller [ |
||
(1) cost of supervising the work of a private | ||
contractor; and | ||
(2) cost to the state of the comptroller's | ||
[ |
||
(A) the costs of the office of the attorney | ||
general and other support agencies; and | ||
(B) other indirect costs related to the | ||
comptroller's [ |
||
Sec. 2163.003. CONTRACTING WITH ANOTHER STATE AGENCY OR | ||
PRIVATE SOURCE. (a) If the comptroller [ |
||
that a service can be performed with a comparable or better level of | ||
quality at a savings to the state of at least 10 percent by using | ||
other state agency providers of the service or a private commercial | ||
source, the comptroller [ |
||
agency providers of the services or private commercial sources for | ||
the service. | ||
(b) The comptroller [ |
||
for providing a contracted service and shall set measurable | ||
performance standards for a contractor. | ||
Sec. 2163.004. PROHIBITION. The comptroller [ |
||
may not begin providing a service the General Services Commission | ||
did not provide as of September 1, 2001, unless, after conducting an | ||
in-depth analysis on cost in accordance with Section 2163.002 and | ||
on availability of a service, the comptroller [ |
||
determines that it can perform the service at a higher level of | ||
quality or at a lower cost than other state agency providers of the | ||
service or private commercial sources. | ||
SECTION 101. Sections 2171.001 and 2171.0011, Government | ||
Code, are amended to read as follows: | ||
Sec. 2171.001. TRAVEL DIVISION. The travel division of the | ||
comptroller [ |
||
and the office of vehicle fleet management. | ||
Sec. 2171.0011. COMPTROLLER POWERS AND [ |
||
DUTIES[ |
||
the powers and duties described by Section 2151.004(d) [ |
||
|
||
[ |
||
|
||
SECTION 102. Section 2171.051(c), Government Code, is | ||
amended to read as follows: | ||
(c) After approval by the comptroller [ |
||
the central travel office shall designate state agencies that may | ||
use the services of the office. The comptroller [ |
||
|
||
state agencies after the director of the travel division certifies | ||
to the comptroller [ |
||
office is capable of providing those services. | ||
SECTION 103. Sections 2171.052(c) and (d), Government Code, | ||
are amended to read as follows: | ||
(c) The comptroller [ |
||
travel agents that meet certain reasonable requirements prescribed | ||
by the central travel office, with preference given to resident | ||
entities of this state. | ||
(d) To the greatest extent possible, the comptroller | ||
[ |
||
under this section. | ||
SECTION 104. Sections 2171.055(a), (b), (c), (d), (e), (f), | ||
(g), (h), and (j), Government Code, are amended to read as follows: | ||
(a) State agencies in the executive branch of state | ||
government shall participate under comptroller [ |
||
in the comptroller's [ |
||
provided that all travel agents approved by the comptroller | ||
[ |
||
travel services to all state agencies. | ||
(b) An institution of higher education as defined by Section | ||
61.003, Education Code, is not required to participate in the | ||
comptroller's [ |
||
or other travel services purchased from funds other than general | ||
revenue funds or educational and general funds as defined by | ||
Section 51.009, Education Code. The Employees Retirement System of | ||
Texas is not required to participate in the comptroller's | ||
[ |
||
services purchased from funds other than general revenue funds. | ||
(c) The comptroller [ |
||
exemptions from required participation. | ||
(d) Agencies of the state that are not required to | ||
participate in comptroller [ |
||
services may participate as provided by Section 2171.051. | ||
(e) A county officer or employee who is engaged in official | ||
county business may participate in the comptroller's [ |
||
contract for travel services for the purpose of obtaining reduced | ||
airline fares and reduced travel agent fees. A county sheriff or | ||
deputy sheriff or juvenile probation officer who is transporting a | ||
state prisoner under a felony warrant may participate in the | ||
comptroller's [ |
||
purposes of obtaining reduced airline fares and reduced travel | ||
agent fees for the law enforcement or probation officer and the | ||
prisoner. The comptroller [ |
||
county a fee not to exceed the costs incurred by the comptroller | ||
[ |
||
comptroller [ |
||
adjust them as needed to ensure recovery of costs incurred in | ||
providing services to counties under this subsection. The | ||
comptroller [ |
||
this subsection to the credit of the county airline fares account. | ||
The county airline fares account is an account in the general | ||
revenue fund that may be appropriated only for the purposes of this | ||
chapter. The comptroller [ |
||
or amend contracts as necessary to administer this subsection. | ||
(f) An officer or employee of a public junior college, as | ||
defined by Section 61.003, Education Code, of an open-enrollment | ||
charter school established under Subchapter D, Chapter 12, | ||
Education Code, or of a school district who is engaged in official | ||
business may participate in the comptroller's [ |
||
contract for travel services. The comptroller [ |
||
charge a participating public junior college, open-enrollment | ||
charter school, or school district a fee not to exceed the costs | ||
incurred by the comptroller [ |
||
under this subsection. The comptroller [ |
||
periodically review fees and shall adjust them as needed to ensure | ||
recovery of costs incurred in providing services to public junior | ||
colleges, open-enrollment charter schools, and school districts | ||
under this subsection. The comptroller [ |
||
the fees collected under this subsection to the credit of the public | ||
education travel account. The public education travel account is | ||
an account in the general revenue fund that may be appropriated only | ||
for the purposes of this chapter. The comptroller [ |
||
shall adopt rules and make or amend contracts as necessary to | ||
administer this subsection. | ||
(g) A municipal officer or employee who is engaged in | ||
official municipal business may participate in the comptroller's | ||
[ |
||
obtaining reduced airline fares and reduced travel agent fees. The | ||
comptroller [ |
||
fee not to exceed the costs incurred by the comptroller | ||
[ |
||
comptroller [ |
||
adjust them as needed to ensure recovery of costs incurred in | ||
providing services to municipalities under this subsection. The | ||
comptroller [ |
||
this subsection to the credit of the municipality airline fares | ||
account. The municipality airline fares account is an account in | ||
the general revenue fund that may be appropriated only for the | ||
purposes of this chapter. The comptroller [ |
||
rules and make or amend contracts as necessary to administer this | ||
subsection. | ||
(h) A board member or employee of a communication district | ||
or an emergency communication district established under Chapter | ||
772, Health and Safety Code, who is engaged in official district | ||
business may participate in the comptroller's [ |
||
contract for travel services for the purpose of obtaining reduced | ||
airline fares and reduced travel agent fees. The comptroller | ||
[ |
||
exceed the costs incurred by the comptroller [ |
||
providing services under this subsection. The comptroller | ||
[ |
||
as needed to ensure recovery of costs incurred in providing | ||
services to districts under this subsection. The comptroller | ||
[ |
||
to the credit of the emergency communication district airline fares | ||
account. The emergency communication district airline fares | ||
account is an account in the general revenue fund that may be | ||
appropriated only for the purposes of this chapter. The | ||
comptroller [ |
||
contracts as necessary to administer this subsection. | ||
(j) An officer or employee of a hospital district created | ||
under general or special law who is engaged in official hospital | ||
district business may participate in the comptroller's | ||
[ |
||
obtaining reduced airline fares and reduced travel agent fees. The | ||
comptroller [ |
||
district a fee not to exceed the costs incurred by the comptroller | ||
[ |
||
comptroller [ |
||
adjust them as needed to ensure recovery of costs incurred in | ||
providing services to hospital districts under this subsection. | ||
The comptroller [ |
||
this subsection to the credit of the hospital district airline | ||
fares account. The hospital district airline fares account is an | ||
account in the general revenue fund that may be appropriated only | ||
for the purposes of this chapter. The comptroller [ |
||
shall adopt rules and make or amend contracts as necessary to | ||
administer this subsection. | ||
SECTION 105. Sections 2171.056(a), (b), and (c), Government | ||
Code, are amended to read as follows: | ||
(a) This section applies only to a state agency in the | ||
executive branch of state government that is required to | ||
participate in the comptroller's [ |
||
travel services. | ||
(b) Except as provided by comptroller [ |
||
state agency may not: | ||
(1) purchase commercial airline or rental car | ||
transportation if the amount of the purchase exceeds the amount of | ||
the central travel office's contracted fares or rates; or | ||
(2) reimburse a person for the purchase of commercial | ||
airline or rental car transportation for the amount that exceeds | ||
the amount of the central travel office's contracted fares or | ||
rates. | ||
(c) The comptroller [ |
||
agencies about this section. | ||
SECTION 106. Section 2171.104(d), Government Code, is | ||
amended to read as follows: | ||
(d) The Texas Facilities Commission [ |
||
require a state agency to transfer surplus or salvage vehicles | ||
identified by the management plan to the Texas Facilities | ||
Commission [ |
||
in accordance with the provisions of Chapter 2175 that provide for | ||
disposition of surplus or salvage property by the Texas Facilities | ||
Commission [ |
||
SECTION 107. The heading to Chapter 2172, Government Code, | ||
is amended to read as follows: | ||
CHAPTER 2172. MISCELLANEOUS GENERAL SERVICES PROVIDED BY | ||
COMPTROLLER [ |
||
SECTION 108. Sections 2172.001, 2172.0011, and 2172.002, | ||
Government Code, are amended to read as follows: | ||
Sec. 2172.001. CENTRAL SUPPLY STORE. The comptroller | ||
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agencies, the legislature, and legislative agencies may obtain | ||
small supply items. If the comptroller [ |
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central supply store, the comptroller [ |
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appropriate method of billing a using entity for the supplies. | ||
Sec. 2172.0011. COMPTROLLER POWERS AND [ |
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DUTIES[ |
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the powers and duties described by Section 2151.004(d) [ |
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Sec. 2172.002. BUSINESS MACHINE REPAIR. (a) The | ||
comptroller [ |
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office machines and may offer repair services to the following | ||
entities located in Austin: | ||
(1) state agencies; | ||
(2) the legislature; and | ||
(3) legislative agencies. | ||
(b) Using entities shall pay the comptroller [ |
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for repair services by vouchers prepared and sent to the using | ||
entity by the comptroller [ |
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(c) The comptroller [ |
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a privately owned machine. | ||
SECTION 109. Sections 2172.003(a), (b), and (c), Government | ||
Code, are amended to read as follows: | ||
(a) The comptroller [ |
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(1) assist a state agency with the agency's printing | ||
activities; and | ||
(2) assess and evaluate those activities. | ||
(b) The comptroller [ |
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intended to increase the productivity and cost-effectiveness of | ||
printing operations of state agencies. Recommendations may be | ||
reported periodically as provided by comptroller [ |
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(c) The comptroller [ |
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(1) adopt standard accounting procedures that permit | ||
evaluating and comparing the costs of printing operations conducted | ||
by state agencies; | ||
(2) coordinate activities among state print shops; | ||
(3) review state agency requisitions for new printing | ||
shop equipment; | ||
(4) assist state agencies in expediting the production | ||
of printing and graphic arts; | ||
(5) maintain a roster of state print shops and their | ||
equipment, facilities, and special capabilities; | ||
(6) serve as a clearinghouse for private vendors of | ||
printing services to ensure that printing services and supplies are | ||
purchased in the most efficient and economical manner; | ||
(7) coordinate the consolidation of print shops | ||
operated by state agencies when the agencies involved determine | ||
that consolidation is appropriate; and | ||
(8) develop procedures for the recovery of the | ||
comptroller's [ |
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from amounts appropriated to the state agencies for which | ||
identified savings are achieved. | ||
SECTION 110. Sections 2172.004 and 2172.005, Government | ||
Code, are amended to read as follows: | ||
Sec. 2172.004. ARCHIVES. The comptroller [ |
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store and display the archives of Texas. | ||
Sec. 2172.005. DONATIONS. The comptroller [ |
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solicit and accept private donations for the Congress Avenue | ||
beautification program, a capital improvements project in Austin. | ||
The program includes improvements in the Capitol Complex [ |
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Congress Avenue. | ||
SECTION 111. Sections 2172.006(a), (b), and (d), Government | ||
Code, are amended to read as follows: | ||
(a) Notwithstanding any other provision of law, the | ||
comptroller [ |
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privately owned business entity for the design and manufacture of: | ||
(1) an official state lapel pin for purchase by | ||
members and former members of the house of representatives; | ||
(2) an official state lapel pin for purchase by | ||
members and former members of the senate; | ||
(3) an official state ring for purchase by members and | ||
former members of the house of representatives; and | ||
(4) an official state ring for purchase by members and | ||
former members of the senate. | ||
(b) The comptroller [ |
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an official state lapel pin or ring to the State Preservation Board | ||
for its approval. | ||
(d) The comptroller [ |
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the purchase price for a lapel pin or ring. After payment of | ||
amounts required under the contract and recovery of its costs of | ||
administering this section, the comptroller [ |
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deposit any remaining funds received from the sale of items under | ||
this section to the credit of the Texas preservation trust fund. | ||
SECTION 112. Sections 2176.0011, 2176.003, and 2176.004, | ||
Government Code, are amended to read as follows: | ||
Sec. 2176.0011. COMPTROLLER POWERS AND [ |
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DUTIES[ |
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the powers and duties described by Section 2151.004(d) [ |
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Sec. 2176.003. [ |
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OPERATIONS. The comptroller [ |
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(1) evaluate the mail operations of state agencies | ||
located in Travis County and make recommendations to identify and | ||
eliminate practices resulting in excessive mail costs; and | ||
(2) establish minimum objectives and responsibilities | ||
for managing mail for the agencies. | ||
Sec. 2176.004. [ |
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MAIL OPERATIONS. The comptroller [ |
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(1) in conjunction with the United States Postal | ||
Service, establish procedures to improve the measurement of state | ||
agency mail costs, using postage meters or stamps as appropriate; | ||
(2) establish procedures to determine the advantages | ||
to state agencies of presorting mail; | ||
(3) establish procedures to determine the lowest cost | ||
class of mail necessary to effectively accomplish individual state | ||
agency functions; | ||
(4) evaluate the cost-effectiveness of using | ||
alternatives to the United States Postal Service for delivering | ||
state agency mail; | ||
(5) train state agency personnel regarding | ||
cost-effective mailing practices; | ||
(6) set standards for receipt, delivery, collection, | ||
and dispatch of mail; and | ||
(7) publish and disseminate standards, guides, and | ||
instructions for managing mail and establish and implement | ||
procedures for monitoring compliance with the standards, guides, | ||
and instructions. | ||
SECTION 113. Section 2176.051(a), Government Code, is | ||
amended to read as follows: | ||
(a) The comptroller [ |
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service for delivering unstamped written communications and | ||
packages between the following entities located in Travis County: | ||
(1) state agencies; | ||
(2) the legislature; and | ||
(3) legislative agencies. | ||
SECTION 114. Sections 2176.102, 2176.103, 2176.104, | ||
2176.105, 2176.106, and 2176.107, Government Code, are amended to | ||
read as follows: | ||
Sec. 2176.102. [ |
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practices of state agencies located in Travis County, including the | ||
lists, systems, and formats used to create mail. | ||
Sec. 2176.103. DISCOUNTED POSTAL RATES. The comptroller | ||
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rates whenever acceptable levels of timeliness, security, and | ||
quality of service can be maintained using the discounted rate. | ||
Sec. 2176.104. REQUIREMENT TO CONSULT WITH COMPTROLLER | ||
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shall consult the comptroller [ |
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(1) purchase, upgrade, or sell mail processing | ||
equipment; | ||
(2) contract with a private entity for mail | ||
processing; or | ||
(3) take actions that significantly affect the | ||
agency's first-class mail practices. | ||
Sec. 2176.105. GUIDELINES FOR MEASURING AND ANALYZING | ||
FIRST-CLASS MAIL PRACTICES. (a) The comptroller [ |
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shall adopt and distribute to each state agency to which this | ||
subchapter applies guidelines by which outgoing first-class mail | ||
practices may be measured and analyzed. The guidelines must require | ||
using the services of the United States Postal Service to the extent | ||
possible. | ||
(b) The comptroller [ |
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the guidelines at least once every two years, beginning two years | ||
after the date on which the guidelines are adopted. | ||
Sec. 2176.106. TRAINING. (a) Not later than the 90th day | ||
after the date on which the initial guidelines under Section | ||
2176.105 are distributed, and at least annually beginning one year | ||
after the date of distribution, the comptroller [ |
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provide training to state agency personnel who handle first-class | ||
mail. | ||
(b) The comptroller [ |
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possible free training provided by the United States Postal | ||
Service. | ||
Sec. 2176.107. PREREQUISITE TO UPGRADING OR REPLACING MAIL | ||
EQUIPMENT; COMPARISON AND ANALYSIS. (a) If the comptroller | ||
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processing equipment or purchasing new mail production or | ||
processing equipment is required to improve outgoing first-class | ||
mail practices of the comptroller [ |
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agency located in Travis County, the comptroller [ |
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prepare a cost-benefit analysis demonstrating that the upgrade or | ||
purchase is more cost-effective than contracting with a private | ||
entity to provide the equipment or mail service. | ||
(b) The comptroller [ |
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cost-effective method. | ||
SECTION 115. The heading to Section 2176.109, Government | ||
Code, is amended to read as follows: | ||
Sec. 2176.109. FEES FOR COMPTROLLER [ |
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SECTION 116. Sections 2176.109(a) and (c), Government Code, | ||
are amended to read as follows: | ||
(a) The comptroller [ |
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shall charge and collect fees from each state agency to which this | ||
subchapter applies for the comptroller's [ |
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under this subchapter. | ||
(c) The comptroller [ |
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general revenue fund the amount of a fee charged a state agency | ||
under this section that is greater than the amount of the | ||
comptroller's [ |
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services for the agency. | ||
SECTION 117. Sections 2176.152 and 2176.203, Government | ||
Code, are amended to read as follows: | ||
Sec. 2176.152. PROCESSING UNITED STATES MAIL IN CAPITOL | ||
COMPLEX. United States mail may be delivered to and from the post | ||
office located in the Capitol Complex [ |
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agreement between the comptroller [ |
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agency. | ||
Sec. 2176.203. NOTIFICATION OF SERVICE OPTIONS. The | ||
comptroller [ |
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under Section 2176.105, provide information to state agencies about | ||
special mail services offered by the United States Postal Service. | ||
The comptroller [ |
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determining which service to use, considering the state agency's | ||
needs for accountability, timeliness, security, and quality of | ||
service. | ||
SECTION 118. Section 2254.007(b), Government Code, is | ||
amended to read as follows: | ||
(b) This section does not apply to the enforcement of a | ||
contract entered into by a state agency as that term is defined by | ||
Section 2151.002. In this subsection, "state agency" includes the | ||
Texas Facilities [ |
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comptroller. | ||
SECTION 119. Section 2262.0011, Government Code, is amended | ||
to read as follows: | ||
Sec. 2262.0011. COMPTROLLER POWERS AND [ |
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DUTIES[ |
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the powers and duties described by Section 2151.004(d) [ |
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SECTION 120. Sections 2262.051(a) and (b), Government Code, | ||
are amended to read as follows: | ||
(a) In consultation with the attorney general, the | ||
Department of Information Resources, [ |
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state auditor, the comptroller [ |
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periodically update a contract management guide for use by state | ||
agencies. Participation by the state auditor under this subsection | ||
is subject to approval by the legislative audit committee for | ||
inclusion in the audit plan under Section 321.013(c). | ||
(b) The comptroller [ |
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to develop or update the guide. | ||
SECTION 121. Section 2262.054, Government Code, is amended | ||
to read as follows: | ||
Sec. 2262.054. PUBLIC COMMENT. The comptroller | ||
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agency is required to invite public comment by publishing the | ||
proposed technical specifications for major contracts on the | ||
Internet through the information service known as the Texas | ||
Marketplace or through a suitable successor information service. | ||
The guide must define "technical specifications." | ||
SECTION 122. Section 361.965(e), Health and Safety Code, is | ||
amended to read as follows: | ||
(e) The comptroller [ |
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rules to implement this section. | ||
SECTION 123. Section 195.008(b), Local Government Code, is | ||
amended to read as follows: | ||
(b) The committee consists of: | ||
(1) the following persons appointed by the director | ||
and librarian: | ||
(A) one person who is employed by or is an officer | ||
of a title insurance agent or title insurance company; | ||
(B) an officer or employee of a federal | ||
government-sponsored entity; | ||
(C) a person who as a usual business practice | ||
obtains copies of recorded instruments from a county clerk to | ||
maintain an abstract or title plant; and | ||
(D) a public representative; | ||
(2) two persons who are county judges or county | ||
commissioners appointed by the County Judges and Commissioners | ||
Association of Texas; | ||
(3) four county clerks appointed by the County and | ||
District Clerks' Association of Texas; | ||
(4) three persons who are employed by or officers of | ||
different title insurance agents or companies appointed by the | ||
Texas Land Title Association; | ||
(5) the presiding officer of the Title Insurance | ||
Subcommittee of the Real Estate, Probate, and Trust Law section of | ||
the State Bar of Texas or the functional equivalent of that | ||
subcommittee; | ||
(6) the attorney general or a person designated by the | ||
attorney general; | ||
(7) the comptroller or a person designated by the | ||
comptroller; | ||
(8) the executive director of the Texas Facilities | ||
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executive director; | ||
(9) the executive director of the Department of | ||
Information Resources or a person designated by the executive | ||
director; and | ||
(10) the director and librarian or a person designated | ||
by the director and librarian, who also serves as presiding officer | ||
of the committee. | ||
SECTION 124. Sections 263.152(a) and (a-1), Local | ||
Government Code, are amended to read as follows: | ||
(a) The commissioners court of a county may: | ||
(1) periodically sell the county's surplus or salvage | ||
property by competitive bid or auction, except that competitive | ||
bidding or an auction is not necessary if the purchaser is another | ||
county or a political subdivision within the county that is selling | ||
the surplus or salvage property; | ||
(2) offer the property as a trade-in for new property | ||
of the same general type if the commissioners court considers that | ||
action to be in the best interests of the county; | ||
(3) order any of the property to be destroyed or | ||
otherwise disposed of as worthless if the commissioners court | ||
undertakes to sell that property under Subdivision (1) and is | ||
unable to do so because no bids are made; | ||
(4) dispose of the property by donating it to a civic | ||
or charitable organization located in the county if the | ||
commissioners court determines that: | ||
(A) undertaking to sell the property under | ||
Subdivision (1) would likely result in no bids or a bid price that | ||
is less than the county's expenses required for the bid process; | ||
(B) the donation serves a public purpose; and | ||
(C) the organization will provide the county with | ||
adequate consideration, such as relieving the county of | ||
transportation or disposal expenses related to the property; | ||
(5) transfer gambling equipment in the possession of | ||
the county following its forfeiture to the state to the Texas | ||
Facilities [ |
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Section 2175.904, Government Code; or | ||
(6) order any vehicle retired under a program designed | ||
to encourage the use of low-emission vehicles to be crushed and | ||
recycled, if practicable, without a competitive bid or auction. | ||
(a-1) The commissioners court shall remit money received | ||
from the Texas Facilities [ |
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from the sale of gambling equipment under Section 2175.904(c), | ||
Government Code, less administrative expenses incurred by the | ||
county in connection with the transfer and sale of the equipment, to | ||
the local law enforcement agency that originally seized the | ||
equipment. | ||
SECTION 125. Sections 31.157(b) and (c), Natural Resources | ||
Code, are amended to read as follows: | ||
(b) The draft report shall be submitted to the Texas | ||
Facilities [ |
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further evaluate the potential use of the real property by another | ||
state agency. The land office shall submit a draft report to each | ||
agency that owns or holds in trust property that is the subject of | ||
the draft report. The Texas Facilities [ |
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Commission may make additional recommendations regarding the use of | ||
the real property. The state agency that owns or controls real | ||
property named in the report may comment on any findings or | ||
recommendations made by the commissioner. The Texas Facilities | ||
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owns or controls real property named in the report shall complete a | ||
review of the draft report within 60 days of the receipt of the | ||
report and forward all recommendations and comments to the | ||
commissioner. | ||
(c) The commissioner shall prepare and issue a final | ||
evaluation report that incorporates any recommendations of the | ||
Texas Facilities [ |
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the potential use of the real property by another state agency and | ||
any comments from any state agency that owns or controls property | ||
named in the report. | ||
SECTION 126. The following provisions of the Government | ||
Code are repealed: | ||
(1) Section 2170.0011; | ||
(2) Section 2170.0012; and | ||
(3) Section 2262.001(1-a). | ||
SECTION 127. This Act takes effect September 1, 2019. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I certify that H.B. No. 1524 was passed by the House on May 3, | ||
2019, by the following vote: Yeas 140, Nays 0, 2 present, not | ||
voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
I certify that H.B. No. 1524 was passed by the Senate on May | ||
22, 2019, by the following vote: Yeas 31, Nays 0. | ||
______________________________ | ||
Secretary of the Senate | ||
APPROVED: _____________________ | ||
Date | ||
_____________________ | ||
Governor |