Bill Text: TX HB2973 | 2015-2016 | 84th Legislature | Introduced
Bill Title: Relating to the establishment of the contract management division of the Legislative Budget Board.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2015-03-19 - Referred to State Affairs [HB2973 Detail]
Download: Texas-2015-HB2973-Introduced.html
84R11796 MTB-D | ||
By: Elkins | H.B. No. 2973 |
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relating to the establishment of the contract management division | ||
of the Legislative Budget Board. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Chapter 2262, Government Code, is amended by | ||
adding Subchapter E to read as follows: | ||
SUBCHAPTER E. CONTRACT MANAGEMENT DIVISION | ||
Sec. 2262.201. DEFINITION. In this subchapter, "division" | ||
means the contract management division established by the | ||
Legislative Budget Board under this subchapter. | ||
Sec. 2262.202. ESTABLISHMENT; GENERAL DUTIES. (a) The | ||
Legislative Budget Board shall establish a contract management | ||
division to: | ||
(1) provide recommendations and assistance to state | ||
agency personnel throughout the contract management process; and | ||
(2) review all contracts that have a value of at least | ||
$5 million and identify certain contracts that are experiencing | ||
cost overruns or performance failure or are otherwise demonstrating | ||
poor management. | ||
(b) For contracts identified under Subsection (a)(2), the | ||
division shall: | ||
(1) contact the state agency that executed the | ||
contract to report on the issues identified by the division; and | ||
(2) develop with the state agency a plan to address the | ||
contract issues. | ||
(c) The division shall notify the Legislative Budget Board | ||
as soon as practicable if: | ||
(1) the division is unable to develop a plan under | ||
Subsection (b)(2) with a state agency; or | ||
(2) a state agency fails to implement a plan developed | ||
under Subsection (b)(2). | ||
(d) If, after consultation with the division, the | ||
Legislative Budget Board determines that further action is | ||
necessary to prevent loss to the state from a contract for which a | ||
plan was not developed or implemented as described by Subsection | ||
(c)(1) or (2), the division shall: | ||
(1) provide written notice to the governor of the risk | ||
of loss to the state from the contract along with contract | ||
documentation; and | ||
(2) send a copy of the notice to the state agency that | ||
executed the contract. | ||
(e) The governor's office shall review the contract | ||
documentation and consult with the division before making a | ||
determination on whether to contact the governing body of the state | ||
agency or the single state officer who governs the state agency to | ||
work together to prevent loss to the state from the contract. | ||
(f) A state agency shall provide the division any | ||
information necessary for the division to perform the division's | ||
duties under this section. | ||
Sec. 2262.203. RULES. The Legislative Budget Board may | ||
adopt rules to implement this subchapter. | ||
SECTION 2. Subchapter E, Chapter 2262, Government Code, as | ||
added by this Act, applies only to a contract for which a state | ||
agency first advertises or otherwise solicits bids, proposals, | ||
offers, or qualifications on or after the effective date of this | ||
Act. | ||
SECTION 3. This Act takes effect September 1, 2015. |