Bill Text: TX SB255 | 2017-2018 | 85th Legislature | Enrolled
Bill Title: Relating to contracts with and training for governmental entities and vendors, including purchasing and contract management training; authorizing fees.
Spectrum: Bipartisan Bill
Status: (Passed) 2017-06-09 - Effective on 9/1/17 [SB255 Detail]
Download: Texas-2017-SB255-Enrolled.html
S.B. No. 255 |
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relating to contracts with and training for governmental entities | ||
and vendors, including purchasing and contract management | ||
training; authorizing fees. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 656.047, Government Code, is amended by | ||
adding Subsection (c) to read as follows: | ||
(c) A state agency that spends more than $5,000 in a state | ||
fiscal year for a training or education program for any individual | ||
administrator or employee shall, not later than August 31 of that | ||
year, submit to the Legislative Budget Board a report including: | ||
(1) a list of the administrators and employees | ||
participating in a training or education program; | ||
(2) the amount spent on each administrator or | ||
employee; and | ||
(3) the certification earned by each administrator or | ||
employee through the training or education program. | ||
SECTION 2. Subchapter C, Chapter 656, Government Code, is | ||
amended by adding Sections 656.054 and 656.055 to read as follows: | ||
Sec. 656.054. PURCHASING AND CONTRACT MANAGEMENT TRAINING | ||
BY COMPTROLLER. (a) The comptroller shall develop training | ||
programs provided by the comptroller under this subchapter to meet | ||
the needs of state agencies. | ||
(b) Each year a state agency shall estimate the number of | ||
employees requiring purchasing or contract management training and | ||
report the anticipated training needs of the state agency to the | ||
comptroller in the manner and form prescribed by the comptroller. | ||
(c) On an annual basis the comptroller shall assess the | ||
number of employees requiring purchasing or contract management | ||
training and shall maintain a regular schedule of classes to | ||
accommodate that number. | ||
(d) The comptroller may use staff or contract with private | ||
or public entities, including state agencies, to conduct the | ||
training. | ||
(e) The comptroller may assess a fee for a training program, | ||
including continuing education and certification, in an amount | ||
sufficient to recover the costs incurred by the comptroller to | ||
provide the training program under this subchapter. | ||
Sec. 656.055. PURCHASING AND CONTRACT MANAGEMENT TRAINING | ||
BY AGENCY. (a) A state agency, in consultation with the | ||
comptroller, may develop agency-specific purchasing and contract | ||
management training programs to be administered by the agency to | ||
the agency's employees instead of or as a supplement to training | ||
programs developed by the comptroller under this subchapter. | ||
(b) An employee who participates in an agency-specific | ||
training program under this section remains subject to any other | ||
applicable certification requirements established for training | ||
programs under this subchapter, including written or oral | ||
examinations administered by the comptroller. | ||
SECTION 3. Sections 2054.057, 2155.078, 2262.053, and | ||
2262.0535, Government Code, are transferred to Subchapter C, | ||
Chapter 656, Government Code, redesignated as Sections 656.050, | ||
656.051, 656.052, and 656.053, Government Code, and amended to read | ||
as follows: | ||
Sec. 656.050 [ |
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FOR PURCHASES OF INFORMATION RESOURCES TECHNOLOGIES. (a) In this | ||
section: | ||
(1) "Department" means the Department of Information | ||
Resources. | ||
(2) "Information resources technologies" has the | ||
meaning assigned by Section 2054.003. | ||
(a-1) The department, with the cooperation of the | ||
comptroller and other appropriate state agencies, shall develop and | ||
implement a program to train state agency personnel in effectively | ||
negotiating contracts for the purchase of information resources | ||
technologies. | ||
(b) The department shall make the training 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. State agency | ||
personnel directly involved in contract negotiations for the | ||
purchase of information resources technologies shall complete the | ||
training developed by the department. | ||
(c) The department shall include in the 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; [ |
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(4) information on how to use contracts entered into | ||
by the department under Section 2157.068; and | ||
(5) other information that the department considers to | ||
be useful. | ||
(d) The department may use its own staff or contract with | ||
private entities or other state agencies to conduct the training. | ||
Sec. 656.051 [ |
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STATE AGENCY PURCHASING PERSONNEL AND VENDORS. (a) The | ||
comptroller [ |
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training, continuing education, and certification for state agency | ||
purchasing personnel. The training and continuing education for | ||
state agency purchasing personnel must include ethics training. | ||
The comptroller [ |
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training to vendors on a cost recovery basis. The comptroller | ||
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(b) [ |
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certification required under Subsection (a) must include: | ||
(1) training on the selection of an appropriate | ||
procurement method by project type; and | ||
(2) training conducted by the Department of | ||
Information Resources on purchasing technologies. | ||
(c) [ |
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agency purchasing personnel, including agencies exempted from the | ||
purchasing authority of the comptroller [ |
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the training and continuing education to the extent required by the | ||
comptroller [ |
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who is required to receive the training may not participate in | ||
purchases by the employing agency unless the employee has received | ||
the required training or received equivalent training from a | ||
national association recognized by the comptroller [ |
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(d) The comptroller [ |
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continuing education, and certification under this section to | ||
purchasing personnel employed by a political subdivision or other | ||
public entity of the state. Political subdivision purchasing | ||
personnel may receive, but are not required to receive, the | ||
training, continuing education, or certification provided under | ||
this section. [ |
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(e) [ |
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(1) [ |
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(2) [ |
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decisions; | ||
(3) negotiation methods; | ||
(4) writing specifications; | ||
(5) the criteria for determining which product or | ||
service offers the best value for the state; | ||
(6) developing evaluation criteria; | ||
(7) formal and informal bidding methods; | ||
(8) complex negotiations;[ |
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(9) [ |
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that the comptroller [ |
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(f) [ |
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circumstances under which a state agency may delegate to a | ||
certified purchaser signature purchasing authority to approve | ||
purchase orders. | ||
(g) [ |
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reasonable number of hours of continuing education to maintain [ |
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certification [ |
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attendance at equivalent certification training recognized by the | ||
comptroller [ |
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hours. Maintenance of [ |
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renewal or another reasonable renewal period comparable to | ||
nationally recognized certification requirements. The comptroller | ||
shall adopt rules to monitor compliance with this subsection. | ||
(h) The comptroller shall certify a state agency employee as | ||
a state agency purchaser when the employee has: | ||
(1) completed the training required by this section or | ||
as prescribed by rule; and | ||
(2) passed a written examination. | ||
(i) [ |
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Section 51.9335, Education Code, applies or to an institution to | ||
which Section 73.115, Education Code, applies. | ||
Sec. 656.052 [ |
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CONTRACT MANAGERS. (a) In this section: | ||
(1) "Contract management guide" means the guide | ||
developed under Section 2262.051. | ||
(2) "Contract manager" has the meaning assigned by | ||
Section 2262.001. | ||
(a-1) In coordination with the Department of Information | ||
Resources, state auditor, and Health and Human Services Commission, | ||
the comptroller shall develop a training program for contract | ||
managers. | ||
(b) The training must provide the contract manager with | ||
information regarding how to: | ||
(1) fairly and objectively select and negotiate with | ||
the most qualified contractor; | ||
(2) establish prices that are cost-effective and that | ||
reflect the cost of providing the service; | ||
(3) include provisions in a contract that hold the | ||
contractor accountable for results; | ||
(4) monitor and enforce a contract; | ||
(5) make payments consistent with the contract; | ||
(6) comply with any requirements or goals contained in | ||
the contract management guide; [ |
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(7) use and apply advanced sourcing strategies, | ||
techniques, and tools; | ||
(8) maintain required documentation for contracting | ||
decisions, changes to a contract, and problems with a contract; | ||
(9) create a risk evaluation and mitigation strategy; | ||
(10) create a plan for potential problems with the | ||
contract; | ||
(11) develop an accurate and comprehensive statement | ||
of work; and | ||
(12) complete the contract and evaluate performance | ||
under the contract. | ||
(c) Each state agency shall ensure that the agency's | ||
contract managers complete the training developed under this | ||
section. | ||
(d) The comptroller shall administer training under this | ||
section and may assess a fee for the training in an amount | ||
sufficient to recover the comptroller's costs under this section. | ||
(e) The comptroller shall certify contract managers who | ||
have completed the contract management training required under this | ||
section. | ||
(f) A state agency may develop qualified contract manager | ||
training to supplement the training required under this section. | ||
The comptroller may incorporate the training developed by the | ||
agency into the training program under this section. | ||
(g) The comptroller shall adapt the training required under | ||
this section and administer an abbreviated training program meeting | ||
the relevant training requirements under this section for state | ||
agency employees, other than contract managers, with contract | ||
management duties. | ||
(h) This section does not apply to: | ||
(1) an institution of higher education as defined by | ||
Section 61.003, Education Code; or | ||
(2) a contract manager whose contract management | ||
duties relate primarily to contracts described by Section | ||
2262.002(b). | ||
Sec. 656.053 [ |
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(a) In this section, "state agency" has the meaning assigned by | ||
Section 2056.001. | ||
(a-1) The comptroller shall adapt the program developed | ||
under Section 656.052 [ |
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for training the members of the governing bodies of state agencies. | ||
The training may be provided together with other required training | ||
for members of state agency governing bodies. | ||
(b) All members of the governing body of a state agency | ||
shall complete at least one course of the training provided under | ||
this section. This subsection does not apply to a state agency that | ||
does not enter into any contracts. | ||
(c) The comptroller may assess a fee for the training | ||
provided under this section in an amount sufficient to recover the | ||
comptroller's costs under this section. | ||
(d) This section does not apply to the Texas Transportation | ||
Commission. | ||
SECTION 4. Section 2056.002(b), Government Code, is amended | ||
to read as follows: | ||
(b) The Legislative Budget Board and the governor's office | ||
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the elements required to be included in each agency's strategic | ||
plan. Unless modified by the Legislative Budget Board and the | ||
governor's office [ |
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include: | ||
(1) a statement of the mission and goals of the state | ||
agency; | ||
(2) a description of the indicators developed under | ||
this chapter and used to measure the output and outcome of the | ||
agency; | ||
(3) identification of the groups of people served by | ||
the agency, including those having service priorities, or other | ||
service measures established by law, and estimates of changes in | ||
those groups expected during the term of the plan; | ||
(4) an analysis of the use of the agency's resources to | ||
meet the agency's needs, including future needs, and an estimate of | ||
additional resources that may be necessary to meet future needs; | ||
(5) an analysis of expected changes in the services | ||
provided by the agency because of changes in state or federal law; | ||
(6) a description of the means and strategies for | ||
meeting the agency's needs, including future needs, and achieving | ||
the goals established under Section 2056.006 for each area of state | ||
government for which the agency provides services; | ||
(7) a description of the capital improvement needs of | ||
the agency during the term of the plan and a statement, if | ||
appropriate, of the priority of those needs; | ||
(8) identification of each geographic region of this | ||
state, including the Texas-Louisiana border region and the | ||
Texas-Mexico border region, served by the agency, and if | ||
appropriate the agency's means and strategies for serving each | ||
region; | ||
(9) a description of the training of the agency's | ||
contract managers under Section 656.052 [ |
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(10) an analysis of the agency's expected expenditures | ||
that relate to federally owned or operated military installations | ||
or facilities, or communities where a federally owned or operated | ||
military installation or facility is located; | ||
(11) an analysis of the strategic use of information | ||
resources as provided by the instructions prepared under Section | ||
2054.095; and | ||
(12) other information that may be required. | ||
SECTION 5. Sections 2252.908(c) and (e), Government Code, | ||
are amended to read as follows: | ||
(c) Notwithstanding Subsection (b), this section does not | ||
apply to: | ||
(1) a sponsored research contract of an institution of | ||
higher education; | ||
(2) an interagency contract of a state agency or an | ||
institution of higher education; [ |
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(3) a contract related to health and human services | ||
if: | ||
(A) the value of the contract cannot be | ||
determined at the time the contract is executed; and | ||
(B) any qualified vendor is eligible for the | ||
contract; | ||
(4) a contract with a publicly traded business entity, | ||
including a wholly owned subsidiary of the business entity; | ||
(5) a contract with an electric utility, as that term | ||
is defined by Section 31.002, Utilities Code; or | ||
(6) a contract with a gas utility, as that term is | ||
defined by Section 121.001, Utilities Code. | ||
(e) The disclosure of interested parties must be submitted | ||
on a form prescribed by the Texas Ethics Commission that includes: | ||
(1) a list of each interested party for the contract of | ||
which the contracting business entity is aware; and | ||
(2) a written, unsworn declaration subscribed by [ |
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entity as true[ |
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following form: | ||
"My name is ________________________________, my | ||
date of birth is _________________, and my address is | ||
_____________, ____________, _________, ____________, | ||
(Street) (City) (State) (Zip Code) | ||
__________________. I declare under penalty of | ||
(Country) | ||
perjury that the foregoing is true and correct. | ||
Executed in _______ County, State of ________, on | ||
the ________ day of ________, ________. | ||
(Month) (Year) | ||
____________________ | ||
Declarant". | ||
SECTION 6. Section 2262.101(a), Government Code, is amended | ||
to read as follows: | ||
(a) The Contract Advisory Team is created to assist state | ||
agencies in improving contract management practices by: | ||
(1) reviewing and 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 656.052 | ||
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(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; | ||
(6) developing and recommending policies and | ||
procedures to improve state agency contract management practices; | ||
(7) developing and recommending procedures to improve | ||
state agency contracting practices by including consideration for | ||
best value; and | ||
(8) creating and periodically performing a risk | ||
assessment to determine the appropriate level of management and | ||
oversight of contracts by state agencies. | ||
SECTION 7. Section 2267.003, Government Code, is amended to | ||
read as follows: | ||
Sec. 2267.003. APPLICABILITY. This chapter does not apply | ||
to: | ||
(1) the financing, design, construction, maintenance, | ||
or operation of a highway in the state highway system; | ||
(2) a transportation authority operating [ |
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under Chapter 451, 452, 453, or 460, Transportation Code, other | ||
than a metropolitan rapid transit authority operating under Chapter | ||
451, Transportation Code, in which the principal municipality has a | ||
population of 1.9 million or more; | ||
(3) any telecommunications, cable television, video | ||
service, or broadband infrastructure other than technology | ||
installed as part of a qualifying project that is essential to the | ||
project; or | ||
(4) except as provided by Section 2165.259, a | ||
qualifying project located in the Capitol Complex, as defined by | ||
Section 443.0071. | ||
SECTION 8. (a) Not later than February 1, 2018, the | ||
comptroller of public accounts shall adopt rules to implement | ||
Section 656.051, Government Code, as transferred, redesignated, | ||
and amended by this Act. | ||
(b) Section 656.051, Government Code, as transferred, | ||
redesignated, and amended by this Act, applies only to an | ||
application for certification under that section that is submitted | ||
on or after March 1, 2018. An application submitted before that | ||
date is governed by the law in effect immediately before the | ||
effective date of this Act, and the former law is continued in | ||
effect for that purpose. | ||
SECTION 9. Section 2252.908, Government Code, as amended by | ||
this Act, applies only to a contract entered into or amended on or | ||
after January 1, 2018. | ||
SECTION 10. This Act takes effect September 1, 2017. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I hereby certify that S.B. No. 255 passed the Senate on | ||
May 8, 2017, by the following vote: Yeas 28, Nays 3; and that the | ||
Senate concurred in House amendments on May 26, 2017, by the | ||
following vote: Yeas 27, Nays 4. | ||
______________________________ | ||
Secretary of the Senate | ||
I hereby certify that S.B. No. 255 passed the House, with | ||
amendments, on May 24, 2017, by the following vote: Yeas 141, | ||
Nays 2, two present not voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
Approved: | ||
______________________________ | ||
Date | ||
______________________________ | ||
Governor |