Bill Text: TX HB3549 | 2015-2016 | 84th Legislature | Introduced

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Bill Title: Relating to the review, approval, and monitoring of and reporting on state agency contracts.

Sponsorship: Partisan Bill (Democrat 1)

Status: (Introduced - Dead) 2015-03-23 - Referred to State Affairs [HB3549 Detail]

Download: Texas-2015-HB3549-Introduced.html

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84R10101 YDB-D
By: Walle H.B. No. 3549

A BILL TO BE ENTITLED
AN ACT
relating to the review, approval, and monitoring of and reporting
on state agency contracts.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 2101.035, Government Code, is amended by
adding Subsection (b) to read as follows:
(b) The comptroller shall provide within the uniform
statewide accounting system for state agencies to be able to enter
the following information with respect to a contract:
(1) the state agency solicitation number, contract
number, contract amount, and purchase order number;
(2) any noncompetitive method used to procure the
contract;
(3) payments made under the contract, including any
payment made under the contract for an information resource
technology project;
(4) any required review and approval of the contract
by the contract advisory team; and
(5) any required quality assurance team approval of
the contract.
SECTION 2. Section 2101.037, Government Code, is amended by
adding Subsection (d) to read as follows:
(d) Each state agency shall report the information required
by this subchapter and comptroller rules, including the information
required in the uniform statewide accounting system under Section
2101.035(b).
SECTION 3. Subchapter C, Chapter 2101, Government Code, is
amended by adding Section 2101.0373 to read as follows:
Sec. 2101.0373. CONTRACT MONITORING AND PAYMENTS. The
comptroller shall monitor the total contract expenditures for each
contract reported in the uniform statewide accounting system. The
comptroller may not authorize a payment:
(1) that exceeds the amount of payments authorized
under the contract; or
(2) for a major information resources project that has
not been approved by the quality assurance team as required under
Section 2054.158.
SECTION 4. Sections 2155.501(3) and (4), Government Code,
are amended to read as follows:
(3) "Multiple award contract" means an award of a
contract for an indefinite amount of one or more similar [goods or]
services from a vendor.
(4) "Schedule" means a list of multiple award
contracts from which agencies may purchase [goods and] services.
SECTION 5. Section 2155.502(c), Government Code, is amended
to read as follows:
(c) The commission may not list a multiple 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]; or
(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 6. Section 2155.504, Government Code, is amended to
read as follows:
Sec. 2155.504. USE OF SCHEDULE BY GOVERNMENTAL ENTITIES.
(a) A state agency or local government may purchase [goods or]
services directly from a vendor under a contract listed on a
schedule developed under this subchapter. A purchase authorized by
this section satisfies any requirement of state law relating to
competitive bids or proposals and satisfies any applicable
requirements of Chapter 2157.
(b) The price listed for a [good or] service under a
multiple award contract is a maximum price. An agency or local
government may negotiate a lower price for [goods or] services
under a contract listed on a schedule developed under this
subchapter.
SECTION 7. Section 2155.505(a)(3), Government Code, is
amended to read as follows:
(3) "Veterans service agency" means a community-based
organization that:
(A) is exempt from taxation under Section 501(a),
Internal Revenue Code of 1986, as an organization described in
Section 501(c)(3) of that code;
(B) has as its principal purpose to provide
housing, substance abuse treatment, case management services, and
employment training to low-income veterans, disabled veterans, and
homeless veterans and their families; and
(C) employs veterans to provide at least 75
percent of the hours of direct labor by individuals required to
[produce goods or] provide services required under a contract
entered into under this section.
SECTION 8. Section 2262.101, Government Code, as amended by
Chapters 676 (H.B. 1965) and 1227 (S.B. 1681), Acts of the 83rd
Legislature, Regular Session, 2013, is reenacted and amended to
read as follows:
Sec. 2262.101. CREATION; DUTIES. (a) The Contract
Advisory Team is created to assist state agencies in improving
contract management practices by:
(1) reviewing and approving [making recommendations
on the] solicitation documents and contract documents for contracts
of state agencies that have a value of at least $10 million;
(2) reviewing any findings or recommendations made by
the state auditor, including those made under Section 2262.052(b),
regarding a state agency's compliance with the contract management
guide;
(3) providing recommendations to the comptroller
regarding:
(A) the development of the contract management
guide; and
(B) the training under Section 2262.053;
(4) providing recommendations and assistance to state
agency personnel throughout the contract management process;
(5) coordinating and consulting with the quality
assurance team established under Section 2054.158 on all contracts
relating to a major information resources project; [and]
(6) [(4)] developing and recommending policies and
procedures to improve state agency contract management practices;
(7) [(5)] developing and recommending procedures to
improve state agency contracting practices by including
consideration for best value; and
(8) [(6)] creating and periodically performing a risk
assessment to determine the appropriate level of management and
oversight of contracts by state agencies.
(b) The risk assessment created and performed [reviewed]
under Subsection (a)(8) [(a)(6)] must include[, but is not limited
to] the following criteria:
(1) the amount of appropriations to the agency;
(2) total contract value as a percentage of
appropriations to the agency; or
(3) the impact of the functions and duties of the state
agency on the health, safety, and well-being of residents
[citizens].
(c) The comptroller shall oversee the activities of the
team, including ensuring that the team carries out its duties under
Subsections (a)(1), [Subsection] (a)(5), and (a)(7).
(d) The comptroller shall monitor a contract described by
Subsection (a)(1) to determine whether:
(1) the solicitation and contract documents were
reviewed and approved by the contract advisory team; and
(2) a payment under the contract exceeds the amount
included in the solicitation documents for that contract.
(d-1) For a contract described by Subsection (a)(1), the
comptroller may not authorize payments under the contract unless
the solicitation and contract documents were reviewed and approved
as required by that subdivision and the payment amount does not
exceed the amount specified in the solicitation documents [A state
agency shall:
[(1) comply with a recommendation made under
Subsection (a)(1); or
[(2) submit a written explanation regarding why the
recommendation is not applicable to the contract under review].
(e) The team may review and approve documents under
Subsection (a)(1) only for compliance with contract management and
best practices principles and may not make a recommendation
regarding the purpose or subject of the contract.
(f) The team may develop an expedited process for reviewing
and approving solicitations under Subsection (a)(1) for contracts:
(1) that the team identifies as posing a low risk of
loss to the state; or
(2) for which templates will be used more than once by
a state agency.
SECTION 9. Section 2155.502(e), Government Code, is
repealed.
SECTION 10. (a) As soon as practicable after the effective
date of this Act, the comptroller of public accounts shall adopt the
rules and take the actions necessary to implement the changes in law
made by this Act.
(b) The changes in law made by this Act apply only to a state
agency contract entered into on or after January 1, 2016.
SECTION 11. To the extent of any conflict, this Act prevails
over another Act of the 84th Legislature, Regular Session, 2015,
relating to nonsubstantive additions to and corrections in enacted
codes.
SECTION 12. This Act takes effect September 1, 2015.