Bill Text: TX SB533 | 2017-2018 | 85th Legislature | Enrolled
Bill Title: Relating to governmental entity contracting and procurement.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2017-06-09 - Effective on 9/1/17 [SB533 Detail]
Download: Texas-2017-SB533-Enrolled.html
S.B. No. 533 |
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relating to governmental entity contracting and procurement. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 572.069, Government Code, is amended to | ||
read as follows: | ||
Sec. 572.069. CERTAIN EMPLOYMENT FOR FORMER STATE OFFICER | ||
OR EMPLOYEE RESTRICTED. A former state officer or employee of a | ||
state agency who during the period of state service or employment | ||
participated on behalf of a state agency in a procurement or | ||
contract negotiation involving a person may not accept employment | ||
from that person before the second anniversary of the date the | ||
contract is signed or the procurement is terminated or withdrawn | ||
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SECTION 2. Section 2054.1181(a), Government Code, is | ||
amended to read as follows: | ||
(a) At the direction of the governor, lieutenant governor, | ||
or speaker of the house of representatives [ |
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oversight services for major information resources projects, | ||
including risk management, quality assurance services, independent | ||
project monitoring, and project management. A state agency with a | ||
project selected for oversight shall pay for oversight by the | ||
department and quality assurance team based on a funding model | ||
developed by the department. The department may contract with a | ||
vendor to provide the necessary oversight at the department's | ||
direction. | ||
SECTION 3. Section 2054.158, Government Code, is amended to | ||
read as follows: | ||
Sec. 2054.158. QUALITY ASSURANCE TEAM; DUTIES. (a) The | ||
comptroller, state auditor, Legislative Budget Board, and | ||
department shall: | ||
(1) create a quality assurance team to perform the | ||
duties specified in this chapter and other law; [ |
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(2) specify in writing the responsibilities of the | ||
comptroller, state auditor, Legislative Budget Board, and | ||
department in performing the duties; and | ||
(3) create an automated project review system. | ||
(b) The quality assurance team shall: | ||
(1) develop and recommend policies and procedures to | ||
improve state agency information resources technology projects; | ||
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(2) develop and recommend procedures to improve the | ||
implementation of state agency information resources technology | ||
projects by including considerations for best value and return on | ||
investment; and | ||
(3) provide annual training for state agency | ||
procurement and contract management staff on best practices and | ||
methodologies for information technology contracts. | ||
(c) The state auditor serves on the quality assurance team | ||
as an advisor. | ||
SECTION 4. Section 2054.303(a), Government Code, is amended | ||
to read as follows: | ||
(a) For each proposed major information resources project | ||
or major contract, a state agency must prepare: | ||
(1) a business case providing the initial | ||
justification for the project or contract, including the | ||
anticipated return on investment in terms of cost savings and | ||
efficiency for the project or contract; [ |
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(2) a statewide impact analysis of the project's or | ||
contract's effect on the state's common information resources | ||
infrastructure, including the possibility of reusing code or other | ||
resources; and | ||
(3) in consultation with the department, a technical | ||
architectural assessment of the project or contract. | ||
SECTION 5. Section 2054.304, Government Code, is amended by | ||
adding Subsections (d) and (e) to read as follows: | ||
(d) In each project plan for a major information resources | ||
project, the state agency shall consider incorporating into the | ||
project the applicable best practices recommended in the quality | ||
assurance team's annual report. | ||
(e) A state agency contract for a major information | ||
resources project must comply with the requirements in the | ||
comptroller's contract management guide developed under Section | ||
2262.051. | ||
SECTION 6. Subchapter B, Chapter 2155, Government Code, is | ||
amended by adding Sections 2155.090 and 2155.091 to read as | ||
follows: | ||
Sec. 2155.090. VENDOR AND EMPLOYEE INTERACTION AND | ||
COMMUNICATION POLICY. (a) The comptroller shall update a contract | ||
management guide to include policies on the interactions and | ||
communication between employees of the state agency and a vendor | ||
that contracts with the state agency or seeks to conduct business | ||
with the state agency. | ||
(b) This subtitle does not prohibit the exchange of | ||
information between a state agency and a vendor related to future | ||
solicitations or as necessary to monitor an existing contract. | ||
Sec. 2155.091. CHIEF PROCUREMENT OFFICER: POWERS AND | ||
DUTIES. (a) The comptroller shall employ a chief procurement | ||
officer to serve as the chief procurement officer for this state. | ||
(b) The chief procurement officer has authority over state | ||
agency procurement, including the authority to: | ||
(1) analyze state purchasing data to leverage state | ||
purchasing power; | ||
(2) provide functional support to state agencies; | ||
(3) provide training on state purchasing and contract | ||
management; | ||
(4) review major contract solicitations for | ||
information technology projects monitored by the quality assurance | ||
team under Section 2054.158; | ||
(5) review solicitations for major contracts reviewed | ||
by the Contract Advisory Team under Section 2262.101; | ||
(6) delegate to a state agency authority to contract | ||
for the purchase of a good or service valued in an amount specified | ||
by comptroller rule; and | ||
(7) provide leadership on procurement issues. | ||
(c) A state agency shall comply with any request for | ||
information from the chief procurement officer necessary to conduct | ||
the analysis authorized by Subsection (b)(1). | ||
(d) The chief procurement officer shall coordinate with the | ||
Department of Information Resources and the quality assurance team | ||
to conduct a contract solicitation review required by Subsection | ||
(a)(4) and make appropriate recommendations to the comptroller and | ||
legislature based on the review. This section grants the chief | ||
procurement officer authority only to review a contract | ||
solicitation. The Department of Information Resources or the | ||
appropriate state agency retains the authority to award a statewide | ||
information resources contract as authorized by law. | ||
(e) The chief procurement officer shall coordinate with the | ||
Contract Advisory Team to conduct the review required by Section | ||
2262.101. A state agency shall comply with any request for | ||
information by the chief procurement officer that is necessary to | ||
conduct the review. | ||
SECTION 7. Subchapter D, Chapter 2155, Government Code, is | ||
amended by adding Section 2155.205 to read as follows: | ||
Sec. 2155.205. INTERSTATE PURCHASING. (a) Subject to | ||
Section 2156.181 or other law, the comptroller may enter into | ||
agreements to authorize state agencies and political subdivisions | ||
of other states to purchase goods or services through comptroller | ||
contracts. | ||
(b) The comptroller may charge a reasonable administrative | ||
fee to state agencies and political subdivisions of other states | ||
that purchase a good or service under this section. | ||
SECTION 8. Sections 2157.068(e-1) and (e-2), Government | ||
Code, are amended to read as follows: | ||
(e-1) A state agency contracting to purchase a commodity | ||
item shall use the list maintained as required by Subsection (e) as | ||
follows: | ||
(1) for a contract with a value of $50,000 or less, the | ||
agency may directly award the contract to a vendor included on the | ||
list without submission of a request for pricing to other vendors on | ||
the list; | ||
(2) for a contract with a value of more than $50,000 | ||
but not more than $1 million [ |
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request for pricing to at least three vendors included on the list | ||
in the category to which the contract relates; and | ||
(3) for a contract with a value of more than $1 million | ||
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a request for pricing to at least six vendors included on the list | ||
in the category to which the contract relates or all vendors on the | ||
schedule if the category has fewer than six vendors. | ||
(e-2) A state agency may not enter into a contract to | ||
purchase a commodity item if the value of the contract exceeds $5 | ||
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SECTION 9. Section 2261.252, Government Code, is amended by | ||
adding Subsections (a-1), (e), and (f) to read as follows: | ||
(a-1) A state agency employee or official is required to | ||
disclose under Subsection (a) any potential conflict of interest | ||
specified by state law or agency policy that is known by the | ||
employee or official at any time during: | ||
(1) the procurement process, from the initial request | ||
for bids for the purchase of goods or services from a private vendor | ||
until the completed final delivery of the goods or services; or | ||
(2) the term of a contract with a private vendor. | ||
(e) This section applies only to a contract for the purchase | ||
of goods or services solicited through a purchase order if the | ||
amount of the purchase order exceeds $25,000. | ||
(f) Section 51.923, Education Code, governs the conflicts | ||
of interest of the members of the governing board of an institution | ||
of higher education, as those terms are defined by Section 61.003, | ||
Education Code, and this section does not apply to those members. | ||
SECTION 10. Section 2261.253, Government Code, is amended | ||
by adding Subsections (e), (f), (g), and (h) to read as follows: | ||
(e) A state agency that posts a contract on its Internet | ||
website as required under this section shall redact from the posted | ||
contract: | ||
(1) information that is confidential under law; | ||
(2) information the attorney general determines is | ||
excepted from public disclosure under Chapter 552; and | ||
(3) the social security number of any individual. | ||
(f) The redaction of information under Subsection (e) does | ||
not exempt the information from the requirements of Section 552.021 | ||
or 552.221. | ||
(g) Subsection (a) does not apply to: | ||
(1) a contract posted on the major contracts database | ||
established under Section 322.020; or | ||
(2) a contract of an institution of higher education | ||
that is valued at less than $15,000 and paid with money other than | ||
funds appropriated to the institution by this state. | ||
(h) In this section, "institution of higher education" has | ||
the meaning assigned by Section 61.003, Education Code, except that | ||
the term does not include a public junior college. | ||
SECTION 11. 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 $5 [ |
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(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; | ||
(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 12. Section 2262.102, Government Code, is amended | ||
by adding Subsection (a-1) to read as follows: | ||
(a-1) The chief procurement officer described by Section | ||
2155.091 may add members to the team by designating members from | ||
state agencies that agree to participate on the team. A state | ||
agency may decline a request to participate on the team under this | ||
subsection by submitting a written statement declining the request | ||
to the chief procurement officer. | ||
SECTION 13. Section 2269.056(b), Government Code, is | ||
amended to read as follows: | ||
(b) The governmental entity shall base its selection among | ||
offerors on applicable criteria listed for the particular method | ||
used. The governmental entity shall publish in the request for | ||
proposals or qualifications: | ||
(1) the criteria that will be used to evaluate the | ||
offerors; | ||
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criterion; and | ||
(3) for state agencies, a detailed methodology for | ||
scoring each criterion. | ||
SECTION 14. Section 2269.361(a), Government Code, is | ||
amended to read as follows: | ||
(a) A governmental entity shall request proposals from | ||
design-build firms identified under Section 2269.359(c). A | ||
response to a request for detailed proposals must be submitted on or | ||
before the earlier of the time for submission requested by the | ||
governmental entity or [ |
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the 180th day after the date the governmental entity makes a public | ||
request for the proposals from the selected firms. The request for | ||
proposals must include: | ||
(1) a design criteria package; | ||
(2) if the project site is identified, a geotechnical | ||
baseline report or other information that provides the design-build | ||
firm minimum geotechnical design parameters to submit a proposal; | ||
(3) detailed instructions for preparing the technical | ||
proposal and the items to be included, including a description of | ||
the form and level of completeness of drawings expected; and | ||
(4) the relative weighting of the technical and price | ||
proposals and the formula by which the proposals will be evaluated | ||
and ranked. | ||
SECTION 15. Subchapter A, Chapter 8, Education Code, is | ||
amended by adding Section 8.012 to read as follows: | ||
Sec. 8.012. CONTRACT MANAGEMENT GUIDE. The agency shall | ||
comply with the comptroller's contract management guide developed | ||
under Section 2262.051, Government Code, in each contract between | ||
the agency and a regional education service center established | ||
under this chapter. | ||
SECTION 16. Section 51.923(e), Education Code, is amended | ||
to read as follows: | ||
(e) For purposes of this section, a member of a governing | ||
board has a substantial interest in a business entity if: | ||
(1) the member owns one [ |
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voting stock or shares of the business entity or owns either one | ||
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the business entity; | ||
(2) funds received by the member from the business | ||
entity exceed one [ |
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previous year; | ||
(3) the member is an officer of the business entity or | ||
a member of the governing board of the business entity; or | ||
(4) an individual related to the member in the first | ||
degree by consanguinity or affinity, as determined under Chapter | ||
573, Government Code, has an interest in the business entity as | ||
described by Subdivision (1), (2), or (3). | ||
SECTION 17. (a) Not later than January 1, 2018, the | ||
comptroller shall: | ||
(1) employ a chief procurement officer as required by | ||
Section 2155.091, Government Code, as added by this Act; and | ||
(2) adopt any rules necessary to implement the changes | ||
in law made by this Act. | ||
(b) Not later than January 1, 2018, each state agency shall | ||
adopt a vendor and employee interaction and communication policy as | ||
required by Section 2155.090, Government Code, as added by this | ||
Act. | ||
(c) The changes in law made by this Act apply only in | ||
relation 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. | ||
(d) Notwithstanding the other provisions of this Act, | ||
Section 2269.361(a), Government Code, as amended by this Act, | ||
applies to a contract entered into on or after the effective date of | ||
this Act and for which a bid or other solicitation response was | ||
submitted after June 21, 2017. | ||
(e) Notwithstanding the other provisions of this Act, | ||
Section 51.923, Education Code, as amended by this Act, applies | ||
only to a contract or other transaction entered into on or after the | ||
effective date of this Act. A contract or other transaction entered | ||
into before the effective date of this Act is governed by the law in | ||
effect on the date on which the contract or other transaction was | ||
entered into, and the former law is continued in effect for that | ||
purpose. | ||
SECTION 18. This Act takes effect September 1, 2017. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I hereby certify that S.B. No. 533 passed the Senate on | ||
April 20, 2017, by the following vote: Yeas 31, Nays 0; | ||
May 19, 2017, Senate refused to concur in House amendments and | ||
requested appointment of Conference Committee; May 22, 2017, House | ||
granted request of the Senate; May 28, 2017, Senate adopted | ||
Conference Committee Report by the following vote: Yeas 30, | ||
Nays 0. | ||
______________________________ | ||
Secretary of the Senate | ||
I hereby certify that S.B. No. 533 passed the House, with | ||
amendments, on May 17, 2017, by the following vote: Yeas 139, | ||
Nays 0, two present not voting; May 22, 2017, House granted request | ||
of the Senate for appointment of Conference Committee; | ||
May 28, 2017, House adopted Conference Committee Report by the | ||
following vote: Yeas 144, Nays 2, one present not voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
Approved: | ||
______________________________ | ||
Date | ||
______________________________ | ||
Governor |