Bill Text: TX HB2499 | 2011-2012 | 82nd Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to the continuation and functions of the Department of Information Resources and the transfer of certain department functions to the comptroller of public accounts.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Vetoed) 2011-06-17 - Vetoed by the Governor [HB2499 Detail]
Download: Texas-2011-HB2499-Introduced.html
Bill Title: Relating to the continuation and functions of the Department of Information Resources and the transfer of certain department functions to the comptroller of public accounts.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Vetoed) 2011-06-17 - Vetoed by the Governor [HB2499 Detail]
Download: Texas-2011-HB2499-Introduced.html
82R4514 MXM-D | ||
By: Cook | H.B. No. 2499 |
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relating to the continuation and functions of the Department of | ||
Information Resources. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 572.054, Government Code, is amended by | ||
adding Subsection (g-1) to read as follows: | ||
(g-1) For purposes of this section, the Department of | ||
Information Resources is a regulatory agency. | ||
SECTION 2. Section 2054.005, Government Code, is amended to | ||
read as follows: | ||
Sec. 2054.005. SUNSET PROVISION. 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, 2017 | ||
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SECTION 3. Sections 2054.021(a), (c), (g), and (h), | ||
Government Code, are amended to read as follows: | ||
(a) The department is governed by a board composed of seven | ||
voting members appointed by the governor with the advice and | ||
consent of the senate. One member must be employed by an | ||
institution of higher education as defined by Section 61.003, | ||
Education Code. Each member must have expertise in at least one of | ||
the following areas: | ||
(1) business or financial management; | ||
(2) information technology; | ||
(3) telecommunications; or | ||
(4) any other area necessary for policymaking and | ||
oversight of the department. | ||
(c) Three [ |
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members serve on the board on a rotating basis. The ex officio | ||
members serve as nonvoting members of the board. [ |
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of insurance, the executive commissioner of the Health and Human | ||
Services Commission, and the executive director of a small state | ||
agency [ |
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director of the Texas Department of Transportation, the | ||
commissioner of education, and the executive director of a small | ||
state agency. The third group is composed of the executive director | ||
of the Texas Department of Criminal Justice, [ |
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director of the Parks and Wildlife Department, and the executive | ||
director of a small state agency. Members of a [ |
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serve on the board for two-year terms that begin February 1 of [ |
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odd-numbered years [ |
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year. Only one group serves at a time. The governor shall appoint | ||
the small state agency representative for each group. In this | ||
subsection, "small state agency" means a state agency with fewer | ||
than 100 employees. | ||
(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. | ||
(h) A person appointed to the board under Subsection (a) is | ||
entitled to reimbursement for travel expenses incurred in attending | ||
the training program, as provided by the General Appropriations Act | ||
and as if the person were a member of the board. | ||
SECTION 4. 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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(1) [ |
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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 5. Section 2054.0285(b), Government Code, is | ||
amended to read as follows: | ||
(b) The executive director has authority for certain [ |
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aspects of information technology for state agencies, including: | ||
(1) the use of technology to support state goals; | ||
(2) functional support to state agencies; | ||
(3) [ |
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(4) [ |
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(5) [ |
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issues. | ||
SECTION 6. 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 customers who | ||
receive services from each of the department's key programs, | ||
including at least one member representing a state agency with | ||
fewer than 100 employees. | ||
(c) The advisory committee shall report to and advise the | ||
board on the status of the department's delivery of critical | ||
statewide services. | ||
SECTION 7. 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 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 8. 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 9. 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 10. 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 11. Subchapter C, Chapter 2054, Government Code, is | ||
amended by adding Section 2054.0525 to read as follows: | ||
Sec. 2054.0525. ASSISTANCE TO STATE AGENCIES. The | ||
department on request shall advise and provide technical assistance | ||
to a state agency to determine the agency's information resources | ||
technology needs and to solve the agency's information resources | ||
technology problems. | ||
SECTION 12. Section 2054.0565(a), Government Code, is | ||
amended to read as follows: | ||
(a) The comptroller [ |
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procurement contract entered into by the comptroller [ |
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including a contract entered into under Section 2157.068, that | ||
allow the contract to be used by another state agency, a political | ||
subdivision of this state, a governmental entity of another state, | ||
or an assistance organization as defined by Section 2175.001. | ||
SECTION 13. Section 2054.057, Government Code, is amended | ||
to read as follows: | ||
Sec. 2054.057. TRAINING IN CONTRACT NEGOTIATION. (a) The | ||
[ |
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appropriate state agencies[ |
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to train state agency personnel in effectively negotiating | ||
contracts for the purchase of information resources technologies. | ||
(b) The comptroller [ |
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available to state agency personnel who are directly or indirectly | ||
involved in contract negotiations, such as senior or operational | ||
management, purchasers, users of the purchased technologies, and | ||
personnel with relevant technical, legal, or financial knowledge. | ||
(c) The comptroller [ |
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training: | ||
(1) information on developing a structured purchasing | ||
method that meets an agency's needs; | ||
(2) information drawn from the state's previous | ||
procurement experience about what is or is not advantageous for the | ||
state; | ||
(3) the perspective of state agencies with oversight | ||
responsibilities related to the state's procurement of information | ||
resources technologies; and | ||
(4) other information that the comptroller | ||
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(d) The comptroller [ |
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contract with private entities or other state agencies to conduct | ||
the training. | ||
SECTION 14. 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 15. Subchapter C, Chapter 2054, Government Code, is | ||
amended by adding Section 2054.062 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 website | ||
the report required by this section. | ||
SECTION 16. Sections 2054.1015(b), (c), (d), and (e), | ||
Government Code, are amended to read as follows: | ||
(b) The comptroller [ |
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to provide [ |
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commodity items if the comptroller [ |
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information in the schedule can be used to provide a benefit to the | ||
state. If required by the comptroller [ |
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must provide a planned procurement schedule for commodity items to | ||
the comptroller and the department before the agency's operating | ||
plan may be approved under Section 2054.102. | ||
(c) The comptroller [ |
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contained in the schedules to plan future vendor solicitations of | ||
commodity items or for any other activity that provides a benefit to | ||
the state. | ||
(d) A state agency shall notify the comptroller | ||
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office if the agency makes a substantive change to a planned | ||
procurement schedule for commodity items. | ||
(e) The comptroller [ |
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configurations for state commodity items in its instructions for | ||
the preparation of planned procurement schedules. | ||
SECTION 17. Section 2054.122, Government Code, is amended | ||
to read as follows: | ||
Sec. 2054.122. COORDINATED TECHNOLOGY TRAINING. A state | ||
agency each calendar quarter shall coordinate agency training for | ||
the use of information resources technologies with training offered | ||
or coordinated by the department or comptroller. The agency shall | ||
use training offered or coordinated by the department or | ||
comptroller if it meets agency requirements and is | ||
cost-competitive. | ||
SECTION 18. Section 2054.124, Government Code, is amended | ||
to read as follows: | ||
Sec. 2054.124. POWER MANAGEMENT SOFTWARE. (a) After | ||
researching the software available, the comptroller [ |
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shall by competitive bid select power management software to be | ||
used, if technically feasible, by state agencies to reduce the | ||
amount of energy required to operate state computer networks and | ||
networked personal computers. | ||
(b) [ |
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purchase, lease, or otherwise acquire and use power management | ||
software only if the comptroller [ |
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the Information Technology Council for Higher Education, | ||
determines that the institution of higher education's use of power | ||
management software would provide cost savings to this state. In | ||
making a determination under this subsection, the comptroller | ||
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2054.121(c) in the same manner as the department under that | ||
subsection. The analysis must include an assessment of how the use | ||
of power management software affects the security of electronic | ||
data, including data protected from public disclosure by state or | ||
federal law. | ||
SECTION 19. 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 20. Chapter 2054, Government Code, is amended by | ||
adding Subchapters N and O to read as follows: | ||
SUBCHAPTER N. MAJOR OUTSOURCED CONTRACTS | ||
Sec. 2054.501. 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, Subchapter L, or Chapter 2170; and | ||
(2) contracts that exceed a monetary threshold, other | ||
than those described by Subdivision (1). | ||
Sec. 2054.502. 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. 2054.503. 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. 2054.504. 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 O. ADDITIONAL PROVISIONS ON CONTRACTING | ||
Sec. 2054.531. DEFINITION. In this subchapter, "contract | ||
management guide" means the guide developed under this subchapter. | ||
Sec. 2054.532. RULES. In addition to the rules adopted | ||
under Subchapter N for major outsourced contracts, the board by | ||
rule shall establish approval requirements for all other contracts, | ||
including a monetary threshold above which board approval is | ||
required before the contract may be executed. | ||
Sec. 2054.533. 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. 2054.534. 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 N. | ||
Sec. 2054.535. 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 N 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 2054.533; 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 | ||
2054.504 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 21. Sections 2155.502(a), (b), and (c), Government | ||
Code, are amended to read as follows: | ||
(a) The comptroller [ |
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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) [ |
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the comptroller [ |
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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 [ |
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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; or | ||
(2) are telecommunications services, facilities, or | ||
equipment[ |
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SECTION 22. Section 2155.503, Government Code, is amended | ||
to read as follows: | ||
Sec. 2155.503. RULES. (a) The comptroller [ |
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rules must: | ||
(1) establish standard terms for contracts listed on a | ||
schedule; and | ||
(2) maintain consistency with existing purchasing | ||
standards. | ||
(b) The comptroller [ |
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the attorney general in developing rules under this section. | ||
SECTION 23. Section 2157.004, Government Code, is amended | ||
to read as follows: | ||
Sec. 2157.004. TRANSFERS AND LOANS. A state agency that | ||
acquires a telecommunications device, system, or service or an | ||
automated information system by interagency transfer, contract, or | ||
loan, or by public loan, shall comply with the requirements that | ||
apply to that acquisition under [ |
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SECTION 24. Section 2157.068, Government Code, is amended | ||
to read as follows: | ||
Sec. 2157.068. PURCHASE OF INFORMATION TECHNOLOGY | ||
COMMODITY ITEMS. (a) In this section, "commodity items" means | ||
commercial software, hardware, or technology services, other than | ||
telecommunications services, that are generally available to | ||
businesses or the public and for which the comptroller [ |
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determines that a reasonable demand exists in two or more state | ||
agencies. The term includes seat management, through which a state | ||
agency transfers its personal computer equipment and service | ||
responsibilities to a private vendor to manage the personal | ||
computing needs for each desktop in the state agency, including all | ||
necessary hardware, software, and support services. | ||
(b) The comptroller [ |
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vendors to attempt to obtain a favorable price for all of state | ||
government on licenses for commodity items, based on the aggregate | ||
volume of purchases expected to be made by the state. The terms and | ||
conditions of a license agreement between a vendor and the | ||
comptroller [ |
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favorable to the state than the terms of similar license agreements | ||
between the vendor and retail distributors. | ||
(c) In contracting for commodity items under this section, | ||
the comptroller [ |
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provide contracting opportunities for, and to increase contract | ||
awards to, historically underutilized businesses and persons with | ||
disabilities' products and services available under Chapter 122, | ||
Human Resources Code. | ||
(d) The comptroller [ |
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administrative fee to a state agency, political subdivision of this | ||
state, or governmental entity of another state that purchases | ||
commodity items through the comptroller [ |
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that is sufficient to recover costs associated with the | ||
administration of this section. The comptroller shall develop a | ||
clear procedure for calculating the fee under this subsection, | ||
including procedures for review and approval of the fee. | ||
(e) The comptroller [ |
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a list of commodity items available for purchase through the | ||
comptroller [ |
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for commodity items otherwise available to state agencies under | ||
this chapter. The comptroller [ |
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available on the comptroller's website [ |
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(f) The comptroller [ |
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a purchase by a state agency of a commodity item under this section, | ||
including a requirement that, notwithstanding other provisions of | ||
this chapter, the agency must make the purchase in accordance with a | ||
contract developed by the comptroller [ |
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agency obtains: | ||
(1) an exemption from the comptroller [ |
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(2) express prior approval from the Legislative Budget | ||
Board for the expenditure necessary for the purchase. | ||
(g) The Legislative Budget Board's approval of a biennial | ||
operating plan under Section 2054.102 is not an express prior | ||
approval for purposes of Subsection (f)(2). A state agency must | ||
request an exemption from the comptroller [ |
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Subsection (f)(1) before seeking prior approval from the | ||
Legislative Budget Board under Subsection (f)(2). | ||
(h) The comptroller [ |
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state agencies, establish guidelines for the classification of | ||
commodity items under this section. The comptroller [ |
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may determine when a statewide vendor solicitation for a commodity | ||
item will reduce purchase prices for a state agency. | ||
(i) Unless the agency has express statutory authority to | ||
employ a best value purchasing method other than a purchasing | ||
method designated by the comptroller [ |
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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 | ||
comptroller [ |
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Board under Subsection (f); or | ||
(2) the agency is otherwise exempt from this section. | ||
SECTION 25. Subchapter B, Chapter 2157, Government Code, is | ||
amended by adding Section 2157.0685 to read as follows: | ||
Sec. 2157.0685. REPORTING OF ADMINISTRATIVE FEES FOR | ||
COMMODITY ITEMS. (a) The comptroller shall report to the | ||
Legislative Budget Board any administrative fee the comptroller | ||
sets under Section 2157.068 for each fiscal year. The report must | ||
include the underlying analysis and methodology used to determine | ||
the fee amounts. | ||
(b) The comptroller shall post on the comptroller's website | ||
information about the fee, including a description of how the fee is | ||
determined. The comptroller 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 comptroller or a customer of | ||
the comptroller. | ||
SECTION 26. 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 27. Section 2157.121, Government Code, is amended | ||
to read as follows: | ||
Sec. 2157.121. ACQUISITION THROUGH COMPETITIVE SEALED | ||
PROPOSALS. (a) The comptroller [ |
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may acquire a telecommunications device, system, or service or an | ||
automated information system by using competitive sealed proposals | ||
if the comptroller [ |
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bidding and informal competitive bidding are not practical or are | ||
disadvantageous to the state. | ||
(b) A state agency, other than the department under | ||
Subsection (c), shall send its proposal specifications and criteria | ||
to the comptroller [ |
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comptroller [ |
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and criteria. | ||
(c) The department may acquire a telecommunications device, | ||
system, or service [ |
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competitive sealed proposals without regard to whether the | ||
comptroller [ |
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Subsection (a) for other state agencies. This subsection applies | ||
only to an acquisition under Subchapter H, Chapter 2054, or under | ||
Chapter 2170. | ||
SECTION 28. Section 2157.181(a), Government Code, is | ||
amended to read as follows: | ||
(a) The comptroller [ |
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conditions to be included in contracts relating to the purchase or | ||
lease of [ |
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automated information system awarded to a vendor by a state agency. | ||
SECTION 29. Section 2157.182, Government Code, is amended | ||
to read as follows: | ||
Sec. 2157.182. VALIDITY OF PREAPPROVED TERMS AND | ||
CONDITIONS; RENEGOTIATION. (a) Preapproved terms and conditions | ||
to which a vendor[ |
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[ |
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agreement and must provide that the terms and conditions are to be | ||
renegotiated before the end of the two years. | ||
(b) The comptroller [ |
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shall establish procedures to ensure that terms and conditions are | ||
renegotiated before they expire in a contract between the vendor | ||
and a state agency. | ||
SECTION 30. Section 2157.184, Government Code, is amended | ||
to read as follows: | ||
Sec. 2157.184. NOTIFICATION OF STATE AGENCIES AND VENDORS. | ||
The comptroller [ |
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establish procedures to notify state agencies and potential vendors | ||
of the provisions of this subchapter regarding preapproved terms | ||
and conditions. | ||
SECTION 31. Sections 2054.024(c), 2155.501(1), | ||
2155.502(e), 2157.0611, and 2157.181(b), Government Code, are | ||
repealed. | ||
SECTION 32. (a) Not later than September 1, 2011, the | ||
governor shall appoint the initial members of the governing board | ||
of the Department of Information Resources under Section 2054.021, | ||
Government Code, as amended by this Act. The governor shall | ||
appoint: | ||
(1) two members whose terms expire February 1, 2013; | ||
(2) two members whose terms expire February 1, 2015; | ||
and | ||
(3) three members whose terms expire February 1, 2017. | ||
(b) The terms of the current members of the board expire | ||
September 1, 2011. | ||
SECTION 33. (a) Not later than September 1, 2011, the first | ||
group of ex officio members shall begin serving or be appointed | ||
under Section 2054.021(c), Government Code, as amended by this Act. | ||
(b) The governor shall appoint to the first group an ex | ||
officio member from a state agency with 100 or fewer employees under | ||
Section 2054.021(c), Government Code, as amended by this Act. When | ||
that member is appointed, the term of the executive director of the | ||
Texas Department of Transportation expires. | ||
(c) The commissioner of insurance and the executive | ||
commissioner of the Health and Human Services Commission shall | ||
continue to serve in the first group under Section 2054.021(c), | ||
Government Code, as amended by this Act, until February 1, 2013. | ||
SECTION 34. (a) In this section, "department" means the | ||
Department of Information Resources. | ||
(b) On the effective date of this Act, the powers and duties | ||
of the department under Section 2157.068, Government Code, or other | ||
law relating to information and communications technology | ||
cooperative contracts are transferred to the comptroller. | ||
(c) A rule, form, policy, procedure, or decision of the | ||
department that is related to a power or duty transferred under | ||
Subsection (b) of this section continues in effect as a rule, form, | ||
policy, procedure, or decision of the comptroller until superseded | ||
by an act of the comptroller. | ||
(d) A court case, administrative proceeding, contract | ||
negotiation, or other proceeding involving the department that is | ||
related to a power or duty transferred under Subsection (b) of this | ||
section is transferred without change in status to the comptroller, | ||
and the comptroller assumes, without a change in status, the | ||
position of the department in a negotiation or proceeding relating | ||
to a power or duty transferred under Subsection (b) of this section | ||
to which the department is a party. | ||
(e) All money, contracts, memoranda of understanding, | ||
records, leases, and rights of the department related to a power or | ||
duty transferred under Subsection (b) of this section are | ||
transferred to the comptroller. | ||
SECTION 35. Sections 2054.502 and 2054.533, Government | ||
Code, as added 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, 2011. A contract for | ||
which a solicitation of bids or proposals or similar expressions of | ||
interest is published before September 1, 2011, 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 36. This Act takes effect September 1, 2011. |