Bill Text: TX HB2472 | 2013-2014 | 83rd Legislature | Enrolled
Bill Title: Relating to the continuation and functions of the Department of Information Resources and certain procurement functions of the comptroller of public accounts.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2013-05-16 - Effective on 9/1/13 [HB2472 Detail]
Download: Texas-2013-HB2472-Enrolled.html
H.B. No. 2472 |
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relating to the continuation and functions of the Department of | ||
Information Resources and certain procurement functions of the | ||
comptroller of public accounts. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 2054.005(a), Government Code, is amended | ||
to read as follows: | ||
(a) The Department of Information Resources is subject to | ||
Chapter 325 (Texas Sunset Act). Unless continued in existence as | ||
provided by that chapter, the department is abolished and this | ||
chapter expires September 1, 2021 [ |
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SECTION 2. Section 2054.021(g), Government Code, is amended | ||
to read as follows: | ||
(g) The training program must provide information to the | ||
person regarding: | ||
(1) this chapter and the board [ |
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to which the person is appointed to serve; | ||
(2) the programs operated by the department; | ||
(3) the role and functions of the department; | ||
(4) the rules of the department, with an emphasis on | ||
the rules that relate to disciplinary and investigatory authority; | ||
(5) the current budget for the department; | ||
(6) the results of the most recent formal audit of the | ||
department; | ||
(7) the requirements of the: | ||
(A) open meetings law, Chapter 551; | ||
(B) open records law, Chapter 552; and | ||
(C) administrative procedure law, Chapter 2001; | ||
(8) the requirements of the conflict of interest laws | ||
and other laws relating to public officials; [ |
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(9) any applicable ethics policies adopted by the | ||
department or the Texas Ethics Commission; and | ||
(10) contract management training. | ||
SECTION 3. Section 2054.022(c), Government Code, is amended | ||
to read as follows: | ||
(c) An employee of the department, other than the executive | ||
director,[ |
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lobbyist under Chapter 305 because of the person's activities for | ||
compensation on behalf of a business entity that has, or on behalf | ||
of a trade association of business entities that have, a | ||
substantial interest in the information resources technologies | ||
industry; or | ||
(2) [ |
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consultant on information resources technologies. | ||
SECTION 4. Subchapter B, Chapter 2054, Government Code, is | ||
amended by adding Section 2054.0331 to read as follows: | ||
Sec. 2054.0331. CUSTOMER ADVISORY COMMITTEE. (a) The | ||
board shall appoint a customer advisory committee under Section | ||
2054.033. | ||
(b) The advisory committee is composed of representatives | ||
of customers who receive services from each of the department's key | ||
programs, including state agencies with fewer than 100 employees, | ||
and the public. | ||
(c) In making appointments to the advisory committee, the | ||
board shall, to the extent practicable, ensure that the committee | ||
is composed of a cross-section of the department's customers, | ||
including institutions of higher education, and the public. | ||
(d) The advisory committee shall report to and advise the | ||
board on the status of the department's delivery of critical | ||
statewide services. | ||
SECTION 5. Subchapter B, Chapter 2054, Government Code, is | ||
amended by adding Sections 2054.0345 and 2054.0346 to read as | ||
follows: | ||
Sec. 2054.0345. DETERMINATION OF ADMINISTRATIVE FEES. (a) | ||
The department shall adopt a process to determine the amount of the | ||
administrative fee the department charges to administer any of its | ||
programs, including fees charged for programs under Sections | ||
2054.380 and 2170.057. | ||
(b) The process must require that the amount of a fee | ||
directly relate to the amount necessary for the department to | ||
recover the cost of its operations, as determined by the | ||
department's annual budget process. | ||
(c) The department shall develop clear procedures directing | ||
staff for each department program and the department's financial | ||
staff to work together to determine the amount of administrative | ||
fees. The procedures must require review and approval of all | ||
administrative fees by the board, the executive director, and the | ||
department's chief financial officer. | ||
Sec. 2054.0346. REPORTING OF ADMINISTRATIVE FEES. (a) The | ||
department shall report to the Legislative Budget Board all | ||
administrative fees that the department sets under Section | ||
2054.0345 each fiscal year. The report must include: | ||
(1) the underlying analysis and methodology used to | ||
determine the fee amounts; and | ||
(2) the cost allocation charged to customers. | ||
(b) The department shall post on the department's Internet | ||
website information about each administrative fee the department | ||
charges, including a description of how the fee is determined. The | ||
department must update this information when a contract amendment | ||
or other action results in a major change to the costs incurred or | ||
the price paid by the department or a customer of the department. | ||
SECTION 6. Subchapter B, Chapter 2054, Government Code, is | ||
amended by adding Section 2054.037 to read as follows: | ||
Sec. 2054.037. NEGOTIATED RULEMAKING; ALTERNATIVE DISPUTE | ||
RESOLUTION. (a) The board shall develop and implement a policy to | ||
encourage the use of: | ||
(1) negotiated rulemaking procedures under Chapter | ||
2008 for the adoption of department rules; and | ||
(2) appropriate alternative dispute resolution | ||
procedures under Chapter 2009 to assist in the resolution of | ||
internal and external disputes under the department's | ||
jurisdiction. | ||
(b) The department's procedures relating to alternative | ||
dispute resolution must conform, to the extent possible, to any | ||
model guidelines issued by the State Office of Administrative | ||
Hearings for the use of alternative dispute resolution by state | ||
agencies. | ||
(c) The department shall: | ||
(1) coordinate the implementation of the policy | ||
adopted under Subsection (a); | ||
(2) provide training as needed to implement the | ||
procedures for negotiated rulemaking or alternative dispute | ||
resolution; and | ||
(3) collect data concerning the effectiveness of those | ||
procedures. | ||
SECTION 7. Subchapter B, Chapter 2054, Government Code, is | ||
amended by adding Sections 2054.038, 2054.039, and 2054.040 to read | ||
as follows: | ||
Sec. 2054.038. INTERNAL AUDITOR; POWERS AND DUTIES. (a) | ||
The board shall: | ||
(1) appoint an internal auditor who reports directly | ||
to the board and serves at the will of the board; and | ||
(2) provide staff and other resources to the internal | ||
auditor as appropriate. | ||
(b) The internal auditor shall prepare an annual audit plan | ||
using risk assessment techniques to rank high-risk functions in the | ||
department. The internal auditor shall submit the annual audit | ||
plan to the board for consideration and approval. The board may | ||
change the plan as necessary or advisable. | ||
(c) The internal auditor may bring before the board an issue | ||
outside of the annual audit plan that requires the immediate | ||
attention of the board. | ||
(d) The internal auditor may not be assigned any operational | ||
or management responsibilities that impair the ability of the | ||
internal auditor to make an independent examination of the | ||
department's operations. The internal auditor may provide guidance | ||
or other advice before an operational or management decision is | ||
made but may not make the decision, approve the decision, or | ||
otherwise violate this subsection. | ||
(e) The department shall give the internal auditor | ||
unrestricted access to the activities and records of the department | ||
unless restricted by other law. | ||
Sec. 2054.039. OPEN MEETINGS EXCEPTION FOR INTERNAL | ||
AUDITOR. A meeting between the board and the department's internal | ||
auditor to discuss issues related to fraud, waste, or abuse is not | ||
required to be an open meeting under Chapter 551. | ||
Sec. 2054.040. AUDIT SUBCOMMITTEE. (a) The board shall | ||
maintain an audit subcommittee of the board. The subcommittee | ||
shall oversee the department's internal auditor and any other audit | ||
issues that the board considers appropriate. | ||
(b) The subcommittee shall evaluate whether the internal | ||
auditor has sufficient resources to perform the auditor's duties | ||
and ensure that sufficient resources are available. | ||
SECTION 8. Subchapter B, Chapter 2054, Government Code, is | ||
amended by adding Section 2054.041 to read as follows: | ||
Sec. 2054.041. ADDITIONAL BOARD OVERSIGHT. (a) The board | ||
shall adopt a policy describing the board's role in setting a | ||
strategic direction for the department. The policy must address | ||
the board's role in developing new initiatives for and service | ||
offerings by the department, including requiring the board to | ||
evaluate and approve new initiatives for, or categories of, | ||
services offered by the department under the department's various | ||
programs. | ||
(b) The board shall regularly evaluate the extent to which | ||
the department fulfills the department's information resources | ||
technology mission by providing cost-effective services and | ||
meeting customer needs. | ||
(c) The board shall regularly evaluate department | ||
operations, including an evaluation of analytical data and | ||
information regarding trends in department revenue and expenses, as | ||
well as performance information. | ||
SECTION 9. Subchapter C, Chapter 2054, Government Code, is | ||
amended by adding Section 2054.061 to read as follows: | ||
Sec. 2054.061. USE OF CONSULTANTS AND OUTSIDE STAFF. (a) | ||
The department shall develop clear criteria for the appropriate use | ||
of consultants and outside staff by the department to temporarily | ||
augment the department's existing staff. | ||
(b) The department shall annually analyze: | ||
(1) the department's staffing needs; | ||
(2) the need for and cost-effectiveness of contracting | ||
for consultants and outside staff; | ||
(3) whether the department could use department staff | ||
to accomplish tasks proposed for the consultants and outside staff; | ||
and | ||
(4) whether and what type of training or additional | ||
resources are necessary for the department to use the department's | ||
own staff to accomplish tasks proposed for the consultants or | ||
outside staff. | ||
(c) In conjunction with the budget process, the department | ||
shall provide the analysis to the board for approval. The | ||
department may not hire or train any consultants or outside staff | ||
unless it has been approved during this budget process. | ||
SECTION 10. Subchapter C, Chapter 2054, Government Code, is | ||
amended by adding Sections 2054.062 and 2054.065 to read as | ||
follows: | ||
Sec. 2054.062. INFORMATION RESOURCES TECHNOLOGIES | ||
CONSOLIDATION. (a) The department shall develop a consistent and | ||
clear method of measuring the costs and progress of an information | ||
resources technology consolidation initiative, including a | ||
consolidation under Subchapter L. | ||
(b) The department shall work with any entity involved in an | ||
information resources technology consolidation to develop an | ||
agreed on methodology for collecting and validating data to | ||
determine a baseline assessment of costs. The department shall use | ||
the data both in the department's initial cost projections and in | ||
any later cost comparison. The department shall coordinate with | ||
the internal auditor for guidance, subject to Section 2054.038(d), | ||
on developing a methodology that provides an objective assessment | ||
of costs and project status. | ||
(c) Using the methodology agreed on under Subsection (b), | ||
the department shall evaluate actual costs and cost savings related | ||
to the consolidation. The department shall also evaluate the | ||
progress of the department's information resources consolidation | ||
projects compared to the initially projected timelines for | ||
implementation. The evaluation results must break out the | ||
information on both statewide and individual entity levels. | ||
(d) The department shall annually report the evaluation | ||
results to: | ||
(1) the board; | ||
(2) the Legislative Budget Board; and | ||
(3) customers involved in the consolidation. | ||
(e) The department shall post on the department's Internet | ||
website the report required by this section. | ||
Sec. 2054.065. REVIEW OF CERTAIN CONTRACT SOLICITATIONS. | ||
(a) In this section: | ||
(1) "Major contract" means a contract that has a value | ||
of at least $1 million. | ||
(2) "Team" means the Contract Advisory Team | ||
established under Subchapter C, Chapter 2262. | ||
(b) For any solicitation of a major contract the department | ||
is required to submit for review by the team, the department shall: | ||
(1) implement any recommendations made by the team | ||
regarding the solicitation; or | ||
(2) provide a written explanation of why the team's | ||
recommendations cannot be implemented. | ||
SECTION 11. Sections 2054.260(a) and (b), Government Code, | ||
are amended to read as follows: | ||
(a) Not later than November 15 [ |
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even-numbered year, the department shall report on the status, | ||
progress, benefits, and efficiency gains of the project. The | ||
department shall provide the report to: | ||
(1) the presiding officer of each house of the | ||
legislature; | ||
(2) the chair of each committee in the legislature | ||
that has primary jurisdiction over the department; | ||
(3) the governor; and | ||
(4) each state agency or local government | ||
participating in the project. | ||
(b) Not later than November 15 [ |
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even-numbered year, the department shall report on financial | ||
matters, including project costs and revenues, and on any | ||
significant issues regarding contract performance on the project. | ||
SECTION 12. Subchapter L, Chapter 2054, Government Code, is | ||
amended by adding Section 2054.392 to read as follows: | ||
Sec. 2054.392. STATEWIDE TECHNOLOGY ACCOUNT. The | ||
comptroller shall establish in the state treasury the statewide | ||
technology account. The account is a revolving fund account for the | ||
administration of this subchapter. The account is the depository | ||
for all money received from entities served under this subchapter. | ||
Money in the account may be used only for the operation and | ||
management of a statewide technology center or for any other | ||
purpose specified by the legislature. | ||
SECTION 13. Chapter 2054, Government Code, is amended by | ||
adding Subchapters O and P to read as follows: | ||
SUBCHAPTER O. MAJOR OUTSOURCED CONTRACTS | ||
Sec. 2054.521. MAJOR OUTSOURCED CONTRACT DEFINED; RULE. | ||
The board by rule shall define what constitutes a major outsourced | ||
contract with regard to contracts the department executes with | ||
entities other than this state or a political subdivision of this | ||
state. The definition must include as a major outsourced contract: | ||
(1) outsourced contracts entered into under | ||
Subchapter I and Subchapter L of this chapter or Chapter 2170; and | ||
(2) contracts that exceed a monetary threshold, other | ||
than those described by Subdivision (1). | ||
Sec. 2054.522. BOARD APPROVAL AND OVERSIGHT OF MAJOR | ||
OUTSOURCED CONTRACTS. (a) The department must receive approval | ||
from the board before: | ||
(1) entering into a major outsourced contract; or | ||
(2) amending any major outsourced contract, if the | ||
amendment has significant statewide impact. | ||
(b) The board shall establish one or more subcommittees to | ||
monitor the department's major outsourced contracts. | ||
Sec. 2054.523. MANAGEMENT PLANS FOR MAJOR OUTSOURCED | ||
CONTRACTS. (a) The department shall specify procedures for | ||
administering, monitoring, and overseeing each major outsourced | ||
contract by creating a management plan for each contract. In each | ||
management plan, the department shall specify the department's | ||
approach to managing and mitigating the risks inherent in each | ||
contract. | ||
(b) Department staff who perform contract administration | ||
and program duties shall jointly develop the management plans with | ||
input from executive management and the board. Each management plan | ||
must be approved by the executive director. | ||
(c) Each management plan must establish clear lines of | ||
accountability and coordination of contract activities. The plan | ||
must provide details about implementing the program that is the | ||
subject of the contract as well as procedures for monitoring | ||
contractor performance, identifying and mitigating risks related | ||
to the contract, and involving and communicating with customers who | ||
will be served by any programs implemented through the contract. As | ||
appropriate, the plan must define an approach for transitioning | ||
from one major outsourced contract to another major outsourced | ||
contract. | ||
(d) The department shall revise each management plan: | ||
(1) as necessary to keep current during the | ||
contracting process; and | ||
(2) when the department renews, amends, or resolicits | ||
a major outsourced contract to ensure the plan remains updated and | ||
incorporates any changes resulting from a new contract. | ||
Sec. 2054.524. CUSTOMER INVOLVEMENT IN MAJOR OUTSOURCED | ||
CONTRACTS. The department shall establish formal procedures to | ||
ensure customer involvement in decision making regarding each of | ||
the department's major outsourced contracts, including initial | ||
analysis, solicitation development, and contract award and | ||
implementation, that affect those customers. | ||
SUBCHAPTER P. ADDITIONAL PROVISIONS ON CONTRACTING | ||
Sec. 2054.551. DEFINITION. In this subchapter, "contract | ||
management guide" means the guide developed under this subchapter. | ||
Sec. 2054.552. CONFLICT OF INTEREST IN CONTRACTING. (a) A | ||
department employee may not: | ||
(1) have an interest in, or in any manner be connected | ||
with, a contract or bid for a purchase of goods or services by the | ||
department; or | ||
(2) in any manner, including by rebate or gift, | ||
directly or indirectly accept or receive from a person to whom a | ||
contract may be awarded anything of value or a promise, obligation, | ||
or contract for future reward or compensation. | ||
(b) A department employee who violates Subsection (a)(2) is | ||
subject to dismissal. | ||
(c) The board shall adopt rules to implement this section. | ||
(d) The department shall train staff in the requirements of | ||
this section and Section 572.054 and incorporate the requirements | ||
into the contract management guide and the department's internal | ||
policies, including employee manuals. | ||
Sec. 2054.553. CONTRACT MANAGEMENT TRAINING POLICY. (a) | ||
The department shall develop a policy for training department staff | ||
in contract management. | ||
(b) The policy must establish contract management training | ||
requirements for all staff involved in contract management, | ||
including contract managers, program staff, and executive | ||
management. | ||
(c) The policy must specify the department's overall | ||
approach to procuring and managing contracts, as well as | ||
contract-specific procedures developed in the contract management | ||
guide and under Subchapter O. | ||
Sec. 2054.554. CONTRACT MANAGEMENT GUIDE; RULES. (a) The | ||
department shall develop and periodically update a contract | ||
management guide to provide an overall, consistent approach on | ||
procurement and management of major outsourced contracts under | ||
Subchapter O and other contracts. In updating the guide, the | ||
department shall make changes based on contract experiences and | ||
account for changing conditions to guide the updates. | ||
(b) The department shall coordinate with the department's | ||
internal auditor, subject to Section 2054.038(d), as needed for | ||
assistance and guidance in developing procedures in the contract | ||
management guide for monitoring contracts and individual | ||
contractors. | ||
(c) The board may adopt rules necessary to develop or update | ||
the contract management guide. | ||
(d) The contract management guide must provide information | ||
regarding the department's: | ||
(1) general approach to business case analysis, | ||
procurement planning, contract solicitation, contract execution, | ||
and contract monitoring and oversight; | ||
(2) ethics standards and policies, including those | ||
required by Section 2054.552; and | ||
(3) approach to changing a program's internal | ||
structure or model for delivering services to customers. | ||
(e) The contract management guide must: | ||
(1) establish clear lines of accountability, staff | ||
roles and responsibilities, and decision-making authority for | ||
program staff, contract management staff, executive management, | ||
customers, and the board; | ||
(2) include the procedures established under Section | ||
2054.524 regarding customer involvement; and | ||
(3) establish the department's process for evaluating | ||
and managing risk during each stage of contract procurement, | ||
implementation, and management. | ||
(f) The contract management guide must describe the | ||
expectations and standards for obtaining and using customer input | ||
during all contract management phases. | ||
SECTION 14. Section 2151.0041(a), Government Code, is | ||
amended to read as follows: | ||
(a) The comptroller's authority to perform any act under | ||
this title that relates to state purchasing [ |
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subject to Chapter 325 (Texas Sunset Act). Notwithstanding any | ||
other law, that authority expires September 1, 2021, unless | ||
continued in existence as provided by Chapter 325. | ||
SECTION 15. Chapter 2151, Government Code, is amended by | ||
adding Section 2151.0042 to read as follows: | ||
Sec. 2151.0042. SUNSET EVALUATION. (a) The Sunset | ||
Advisory Commission shall evaluate the state's overall procurement | ||
system, including the provisions of this subtitle and Chapter 2054. | ||
The evaluation may include any provision in state law that relates | ||
to procurement and contracting for goods and services. The | ||
commission shall present not later than January 1, 2021, a report to | ||
the legislature on its evaluation and recommendations in relation | ||
to the report's findings. | ||
(b) In conducting the evaluation required under Subsection | ||
(a), the commission may request the assistance of the Legislative | ||
Budget Board, the state auditor, and each standing committee of the | ||
senate and house of representatives having primary jurisdiction | ||
over matters relating to state procurement. | ||
SECTION 16. Subchapter A, Chapter 2155, Government Code, is | ||
amended by adding Section 2155.007 to read as follows: | ||
Sec. 2155.007. PROCUREMENT COORDINATION COMMITTEE. (a) In | ||
this section, "department" means the Department of Information | ||
Resources. | ||
(b) The department and the comptroller shall establish a | ||
committee composed of essential personnel of the department and the | ||
comptroller to: | ||
(1) identify: | ||
(A) areas of overlap in the procurement functions | ||
of the department and the comptroller and methods to avoid | ||
duplication of services; | ||
(B) mutually beneficial contracting and | ||
procurement methodologies, data collection and management | ||
techniques, and customer relations management; | ||
(C) opportunities for collaboration on | ||
procurement functions that would benefit the state or other | ||
customers; and | ||
(D) opportunities for consolidation of | ||
administrative or other functions to improve customer service and | ||
reduce operating costs; and | ||
(2) develop: | ||
(A) a standardized method for the department and | ||
the comptroller to: | ||
(i) collect and analyze spending data | ||
relating to procurement contracts; and | ||
(ii) benchmark and quantitatively measure | ||
cost savings and increased administrative efficiency resulting | ||
from collaboration and cooperative purchasing; and | ||
(B) strategies that encourage coordination | ||
between the department and the comptroller relating to procurement | ||
functions. | ||
(c) The committee may appoint advisory members as | ||
appropriate to assist the committee. | ||
(c-1) The committee shall report to the Sunset Advisory | ||
Commission the committee's findings under Subsection (b). The | ||
committee shall file a first report on September 1, 2015, that | ||
covers the two-year period preceding that date. The committee | ||
shall file a second report on September 1, 2017, that covers the | ||
two-year period preceding that date. | ||
(c-2) The department and the comptroller shall publish the | ||
reports required under Subsection (c-1) on the department's and the | ||
comptroller's Internet websites. | ||
(c-3) In addition to the reports required under Subsection | ||
(c-1), the department and the comptroller shall include the | ||
analysis prescribed by Subsection (b) in a report filed under | ||
Section 325.007. For purposes of this subsection, the comptroller | ||
shall file a report as required by Section 325.007, but only to the | ||
extent required by Section 2151.0041(a). | ||
(c-4) This subsection and Subsections (c-1), (c-2), and | ||
(c-3) expire October 1, 2019. | ||
SECTION 17. Section 2157.068(b), Government Code, is | ||
amended to read as follows: | ||
(b) The department shall negotiate with vendors to obtain | ||
the best value for the state in the purchase of commodity items. | ||
When negotiating with a vendor, the department shall use | ||
information related to the state's historical spending levels on | ||
particular commodity items to secure the best value for the state. | ||
The department may consider strategic sourcing and other | ||
methodologies to select the vendor offering the best value on | ||
commodity items. The terms and conditions of a license agreement | ||
between a vendor and the department under this section may not be | ||
less favorable to the state than the terms of similar license | ||
agreements between the vendor and retail distributors. The | ||
department shall, to the greatest extent practicable, negotiate a | ||
specific price for commonly purchased commodity items. If the | ||
department selects a vendor based on the vendor's offer of a | ||
percentage discount from the list price of commodity items, the | ||
department shall document in writing how that arrangement obtains | ||
the best value for the state. | ||
SECTION 18. Subchapter B, Chapter 2157, Government Code, is | ||
amended by adding Section 2157.069 to read as follows: | ||
Sec. 2157.069. CLEARING FUND ACCOUNT. The comptroller | ||
shall establish in the state treasury the clearing fund account. | ||
The account is a revolving fund account for the administration of | ||
Section 2157.068. The account is the depository for all money | ||
received from entities served under that section. Money in the | ||
account may be used only to administer that section or for any other | ||
purpose specified by the legislature. | ||
SECTION 19. Section 2161.121(d), Government Code, is | ||
amended to read as follows: | ||
(d) The commission shall send to the presiding officer of | ||
each house of the legislature: | ||
(1) on May [ |
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previous six-month period; and | ||
(2) on November 15 of each year, a report on the | ||
preceding fiscal year [ |
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SECTION 20. Section 2161.126, Government Code, is amended | ||
to read as follows: | ||
Sec. 2161.126. EDUCATION AND OUTREACH BY COMMISSION. | ||
Before October 15 [ |
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report to the governor, the lieutenant governor, and the speaker of | ||
the house of representatives on the education and training efforts | ||
that the commission has made toward historically underutilized | ||
businesses. The report must include the following as related to | ||
historically underutilized businesses: | ||
(1) the commission's vision, mission, and philosophy; | ||
(2) marketing materials and other educational | ||
materials distributed by the commission; | ||
(3) the commission's policy regarding education, | ||
outreach, and dissemination of information; | ||
(4) goals that the commission has attained during the | ||
fiscal year; | ||
(5) the commission's goals, objectives, and expected | ||
outcome measures for each outreach and education event; and | ||
(6) the commission's planned future initiatives on | ||
education and outreach. | ||
SECTION 21. Chapter 122, Human Resources Code, is amended | ||
by adding Section 122.0012 to read as follows: | ||
Sec. 122.0012. SUNSET PROVISION. The comptroller's | ||
authority to perform any act under this chapter that relates to | ||
state purchasing is subject to Chapter 325, Government Code (Texas | ||
Sunset Act). Notwithstanding any other law, that authority expires | ||
September 1, 2021, unless continued in existence as provided by | ||
Chapter 325, Government Code. | ||
SECTION 22. The following provisions of the Government Code | ||
are repealed: | ||
(1) Section 497.030; | ||
(2) Section 2054.005(b); | ||
(3) Sections 2151.0041(b) and (c); and | ||
(4) Section 2161.121(e). | ||
SECTION 23. Sections 2054.260 and 2161.121, Government | ||
Code, as amended by this Act, apply only to a report due under those | ||
sections on or after September 1, 2013. A report due before | ||
September 1, 2013, is governed by the law in effect on the date the | ||
report was due, and the former law is continued in effect for that | ||
purpose. | ||
SECTION 24. Not later than March 1, 2014, the Department of | ||
Information Resources and the comptroller of public accounts shall | ||
enter into a memorandum of understanding to facilitate the | ||
implementation of Section 2155.007, Government Code, as added by | ||
this Act. | ||
SECTION 25. Sections 2054.522 and 2054.552, Government | ||
Code, as added by this Act, and Section 2157.068(b), Government | ||
Code, as amended by this Act, apply only to a contract for which a | ||
solicitation of bids or proposals or similar expressions of | ||
interest is published on or after September 1, 2013. A contract for | ||
which a solicitation of bids or proposals or similar expressions of | ||
interest is published before September 1, 2013, is governed by the | ||
law in effect on the date the state agency first publishes the | ||
solicitation of bids or proposals or similar expressions of | ||
interest, and the former law is continued in effect for that | ||
purpose. | ||
SECTION 26. This Act takes effect September 1, 2013. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I certify that H.B. No. 2472 was passed by the House on April | ||
3, 2013, by the following vote: Yeas 146, Nays 1, 2 present, not | ||
voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
I certify that H.B. No. 2472 was passed by the Senate on May | ||
2, 2013, by the following vote: Yeas 31, Nays 0. | ||
______________________________ | ||
Secretary of the Senate | ||
APPROVED: _____________________ | ||
Date | ||
_____________________ | ||
Governor |