Bill Text: TX SB65 | 2019-2020 | 86th Legislature | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to oversight of and requirements applicable to state agency contracting and procurement.
Spectrum: Partisan Bill (Republican 5-0)
Status: (Passed) 2019-06-14 - Effective on 9/1/19 [SB65 Detail]
Download: Texas-2019-SB65-Comm_Sub.html
Bill Title: Relating to oversight of and requirements applicable to state agency contracting and procurement.
Spectrum: Partisan Bill (Republican 5-0)
Status: (Passed) 2019-06-14 - Effective on 9/1/19 [SB65 Detail]
Download: Texas-2019-SB65-Comm_Sub.html
86R27648 TSR-F | ||
By: Nelson, et al. | S.B. No. 65 | |
(Geren) | ||
Substitute the following for S.B. No. 65: No. |
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relating to oversight of and requirements applicable to state | ||
agency contracting and procurement. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 441.1855, Government Code, is amended to | ||
read as follows: | ||
Sec. 441.1855. RETENTION OF CONTRACT AND RELATED DOCUMENTS | ||
BY STATE AGENCIES. (a) Notwithstanding Section 441.185 or | ||
441.187, a state agency: | ||
(1) shall retain in its records each contract entered | ||
into by the state agency and all contract solicitation documents | ||
related to the contract; and | ||
(2) may destroy the contract and documents only after | ||
the seventh anniversary of the date: | ||
(A) the contract is completed or expires; or | ||
(B) all issues that arise from any litigation, | ||
claim, negotiation, audit, open records request, administrative | ||
review, or other action involving the contract or documents are | ||
resolved. | ||
(b) A contract solicitation document that is an electronic | ||
document must be retained under Subsection (a) in the document's | ||
electronic form. A state agency may print and retain the document | ||
in paper form only if the agency provides for the preservation, | ||
examination, and use of the electronic form of the document in | ||
accordance with Subsection (a), including any formatting or | ||
formulas that are part of the electronic format of the document. | ||
(c) In this section: | ||
(1) "Contract solicitation document" includes any | ||
document, whether in paper form or electronic form, that is used by | ||
a state agency to evaluate responses to a competitive solicitation | ||
for a contract issued by the agency. | ||
(2) "Electronic document" means: | ||
(A) information that is created, generated, | ||
sent, communicated, received, or stored by electronic means; or | ||
(B) the output of a word processing, spreadsheet, | ||
presentation, or business productivity application. | ||
SECTION 2. Section 2054.003(10), Government Code, is | ||
amended to read as follows: | ||
(10) "Major information resources project" means: | ||
(A) any information resources technology project | ||
identified in a state agency's biennial operating plan whose | ||
development costs exceed $5 [ |
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(i) requires one year or longer to reach | ||
operations status; | ||
(ii) involves more than one state agency; | ||
or | ||
(iii) substantially alters work methods of | ||
state agency personnel or the delivery of services to clients; and | ||
(B) any information resources technology project | ||
designated by the legislature in the General Appropriations Act as | ||
a major information resources project. | ||
SECTION 3. Section 2054.055(b), Government Code, is amended | ||
to read as follows: | ||
(b) The report must: | ||
(1) assess the progress made toward meeting the goals | ||
and objectives of the state strategic plan for information | ||
resources management; | ||
(2) describe major accomplishments of the state or a | ||
specific state agency in information resources management; | ||
(3) describe major problems in information resources | ||
management confronting the state or a specific state agency; | ||
(4) provide a summary of the total expenditures for | ||
information resources and information resources technologies by | ||
the state; | ||
(5) make recommendations for improving the | ||
effectiveness and cost-efficiency of the state's use of information | ||
resources; | ||
(6) describe the status, progress, benefits, and | ||
efficiency gains of the state electronic Internet portal project, | ||
including any significant issues regarding contract performance; | ||
(7) provide a financial summary of the state | ||
electronic Internet portal project, including project costs and | ||
revenues; | ||
(8) provide a summary of the amount and use of | ||
Internet-based training conducted by each state agency and | ||
institution of higher education; | ||
(9) provide a summary of agency and statewide results | ||
in providing access to electronic and information resources to | ||
individuals with disabilities as required by Subchapter M; | ||
(10) assess the progress made toward accomplishing the | ||
goals of the plan for a state telecommunications network and | ||
developing a system of telecommunications services as provided by | ||
Subchapter H; and | ||
(11) identify proposed major information resources | ||
projects for the next state fiscal biennium, including project | ||
costs through stages of the project and across state fiscal years | ||
from project initiation to implementation[ |
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SECTION 4. Section 2054.1181, Government Code, is amended | ||
by amending Subsection (b) and adding Subsection (j) to read as | ||
follows: | ||
(b) In performing its duties under this section, the | ||
department shall: | ||
(1) develop policies for the additional oversight of | ||
projects required by Subsection (a); | ||
(2) implement project management standards; | ||
(3) use effective risk management strategies; | ||
(4) establish standards that promote the ability of | ||
information resources systems to operate with each other; and | ||
(5) use industry best practices and process | ||
reengineering when feasible. | ||
(j) A state agency may not amend a contract subject to | ||
review under Section 2054.158(b)(4) if the contract is at least 10 | ||
percent over budget or the associated major information resources | ||
project is at least 10 percent behind schedule unless the agency: | ||
(1) conducts a cost-benefit analysis with respect to | ||
canceling or continuing the project; and | ||
(2) submits the analysis described by Subdivision (1) | ||
to the quality assurance team. | ||
SECTION 5. Section 2054.158, Government Code, is amended by | ||
amending Subsection (b) and adding Subsections (d) and (e) to read | ||
as follows: | ||
(b) The quality assurance team shall: | ||
(1) develop and recommend policies and procedures to | ||
improve the development, implementation, and return on investment | ||
for state agency information resources technology projects; | ||
(2) except as provided by Subsection (e), review a | ||
state agency's business case prepared for a major information | ||
resources project under Section 2054.303 and make recommendations | ||
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the project [ |
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(3) provide annual training for state agency | ||
procurement and contract management staff on best practices and | ||
methodologies for information technology contracts; | ||
(4) review and provide recommendations on the final | ||
negotiated terms of a contract for the development or | ||
implementation of a major information resources project with a | ||
value of at least $10 million; and | ||
(5) provide a report to the governor, lieutenant | ||
governor, speaker of the house of representatives, and presiding | ||
officer of the standing committee of each house of the legislature | ||
with primary jurisdiction over appropriations by December 1 of each | ||
even-numbered year that includes: | ||
(A) the performance indicator report required by | ||
Section 2054.159(a); | ||
(B) a summary of any major issues identified in | ||
state agency reports submitted under Section 2054.159(f); | ||
(C) an appendix containing any justifications | ||
submitted to the quality assurance team under Section 2054.160(d); | ||
and | ||
(D) any additional information considered | ||
appropriate by the quality assurance team. | ||
(d) The comptroller by rule shall develop guidelines for the | ||
additional or reduced monitoring of major information resources | ||
projects and associated contracts of state agencies during the | ||
periods described by Sections 2261.258(c)(2)(A), (B), and (C). | ||
(e) The quality assurance team may waive the review | ||
authorized by Subsection (b)(2) for any project for which the team | ||
determines that a waiver of the review is appropriate because of the | ||
project's associated risk. | ||
SECTION 6. Section 2054.159, Government Code, is amended by | ||
adding Subsections (f) and (g) to read as follows: | ||
(f) For each major information resources project, a state | ||
agency shall provide the quality assurance team any verification | ||
and validation report or quality assurance report related to the | ||
project not later than the 10th day after the date the agency | ||
receives a request for the report. | ||
(g) The quality assurance team may request any information | ||
necessary to determine a major information resources project's | ||
potential risk. | ||
SECTION 7. Subchapter G, Chapter 2054, Government Code, is | ||
amended by adding Section 2054.160 to read as follows: | ||
Sec. 2054.160. REVIEW OF CONTRACT FOR MAJOR INFORMATION | ||
RESOURCES PROJECT. (a) For each contract for the development or | ||
implementation of a major information resources project with a | ||
value of at least $10 million, a state agency shall: | ||
(1) submit the proposed terms of the contract to the | ||
quality assurance team before the start of negotiations; and | ||
(2) submit the final negotiated unsigned contract to | ||
the quality assurance team for review under Section 2054.158(b)(4). | ||
(b) After the quality assurance team makes a recommendation | ||
under Section 2054.158(b)(4), a state agency shall: | ||
(1) comply with the recommendation; or | ||
(2) submit to the quality assurance team a written | ||
explanation regarding why the recommendation is not applicable to | ||
the contract under review. | ||
(c) Before amending a contract related to a major | ||
information resources project, a state agency must notify the | ||
governor, lieutenant governor, speaker of the house of | ||
representatives, presiding officer of the standing committee of | ||
each house of the legislature with primary jurisdiction over | ||
appropriations, and quality assurance team if: | ||
(1) the total value of the amended contract exceeds or | ||
will exceed the initial contract value by 10 percent or more; or | ||
(2) the amendment requires the contractor to provide | ||
consultative services, technical expertise, or other assistance in | ||
defining project scope or deliverables. | ||
(d) A state agency shall provide to the quality assurance | ||
team a justification for an amendment subject to Subsection (c). | ||
SECTION 8. Section 2054.301, Government Code, is amended to | ||
read as follows: | ||
Sec. 2054.301. APPLICABILITY[ |
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subchapter applies only to[ |
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SECTION 9. Section 2054.302(b), Government Code, is amended | ||
to read as follows: | ||
(b) The department[ |
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guidelines and forms for the documents required by this subchapter. | ||
SECTION 10. Section 2054.303, Government Code, is amended | ||
by amending Subsections (a) and (c) and adding Subsection (d) to | ||
read as follows: | ||
(a) For each proposed major information resources project | ||
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(1) a business case providing the initial | ||
justification for the project [ |
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(2) if the state agency has been assigned the rating | ||
under Section 2261.258(a)(1): | ||
(A) a statewide impact analysis of the project's | ||
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infrastructure[ |
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(B) [ |
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technical architectural assessment of the project, if requested by | ||
the quality assurance team [ |
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(c) The department shall use the analysis to ensure that the | ||
proposed project [ |
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duplicate existing statewide information resources technology. | ||
(d) After the quality assurance team makes a recommendation | ||
relating to a business case under Section 2054.158(b)(2), a state | ||
agency shall: | ||
(1) comply with the recommendation; or | ||
(2) submit to the quality assurance team a written | ||
explanation regarding why the recommendation is not applicable to | ||
the project under review. | ||
SECTION 11. Sections 2054.304(a) and (b), Government Code, | ||
are amended to read as follows: | ||
(a) A state agency shall develop a project plan for each | ||
major information resources project [ |
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(b) The [ |
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agency must file the project plan with the quality assurance team | ||
and the department before the agency[ |
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for the project [ |
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SECTION 12. Section 2054.305, Government Code, is amended | ||
to read as follows: | ||
Sec. 2054.305. PROCUREMENT PLAN AND METHOD FOR MONITORING | ||
CONTRACTS. Before issuing a [ |
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the state agency must develop, consistent with any acquisition plan | ||
provided in the guide developed under Section 2262.051 [ |
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(1) a procurement plan with anticipated service levels | ||
and performance standards for each contractor [ |
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(2) a method to monitor changes to the scope of each | ||
contract. | ||
SECTION 13. Section 2054.307(a), Government Code, is | ||
amended to read as follows: | ||
(a) A state agency's executive director, or the executive | ||
director's designee, [ |
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(1) each document required by this subchapter; and | ||
(2) if the department requires the approval [ |
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SECTION 14. Section 2102.005, Government Code, is amended | ||
to read as follows: | ||
Sec. 2102.005. INTERNAL AUDITING REQUIRED. (a) A state | ||
agency shall conduct a program of internal auditing that includes: | ||
(1) an annual audit plan that is prepared using risk | ||
assessment techniques and that identifies the individual audits to | ||
be conducted during the year; and | ||
(2) periodic audits of the agency's major systems and | ||
controls, including: | ||
(A) accounting systems and controls; | ||
(B) administrative systems and controls; and | ||
(C) electronic data processing systems and | ||
controls. | ||
(b) In conducting the internal auditing program under | ||
Subsection (a), a state agency shall consider methods for ensuring | ||
compliance with contract processes and controls and for monitoring | ||
agency contracts. | ||
SECTION 15. Section 2155.089, Government Code, is amended | ||
to read as follows: | ||
Sec. 2155.089. REPORTING VENDOR PERFORMANCE. (a) After a | ||
contract is completed or otherwise terminated, each state agency | ||
shall review the vendor's performance under the contract. If the | ||
value of the contract exceeds $5 million, the state agency shall | ||
review the vendor's performance: | ||
(1) at least once each year during the term of the | ||
contract; and | ||
(2) at each key milestone identified for the contract. | ||
(b) The state agency shall report to the comptroller, using | ||
the tracking system established by Section 2262.055, on the results | ||
of each [ |
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vendor's performance under a contract. | ||
(b-1) A state agency may not extend a vendor's contract | ||
until after the agency reports the results of each review of the | ||
vendor conducted under Subsection (a)(1) or (2), as applicable, in | ||
the manner prescribed by Subsection (b). | ||
(c) This section does not apply to: | ||
(1) an enrollment contract described by 1 T.A.C. | ||
Section 391.183 as that section existed on September 1, 2015; [ |
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(2) a contract of the Employees Retirement System of | ||
Texas [ |
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contract with a nongovernmental entity for claims administration of | ||
a group health benefit plan under Subtitle H, Title 8, Insurance | ||
Code; or | ||
(3) a contract entered into by: | ||
(A) the comptroller under Section 2155.061; or | ||
(B) the Department of Information Resources | ||
under Section 2157.068. | ||
SECTION 16. Section 2155.144, Government Code, is amended | ||
by adding Subsection (b-2) to read as follows: | ||
(b-2) The Health and Human Services Commission is delegated | ||
the authority to procure goods and services related to a contract | ||
for: | ||
(1) a project to construct or expand a state hospital | ||
operated by a health and human services agency or a state supported | ||
living center as defined by Section 531.002, Health and Safety | ||
Code; or | ||
(2) a deferred maintenance project for a health | ||
facility described by Subdivision (1). | ||
SECTION 17. Section 2254.024(a), Government Code, is | ||
amended to read as follows: | ||
(a) This subchapter does not apply to or discourage the use | ||
of consulting services provided by: | ||
(1) practitioners of professional services described | ||
in Subchapter A; | ||
(2) private legal counsel; | ||
(3) investment counselors; | ||
(4) actuaries; | ||
(5) medical or dental services providers; or | ||
(6) other consultants whose services are determined by | ||
the governing board of a retirement system trust fund to be | ||
necessary for the governing board to perform its constitutional | ||
fiduciary duties[ |
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SECTION 18. The heading to Section 2254.029, Government | ||
Code, is amended to read as follows: | ||
Sec. 2254.029. PUBLICATION IN STATE BUSINESS DAILY [ |
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SECTION 19. Section 2254.029(a), Government Code, is | ||
amended to read as follows: | ||
(a) Not later than the 30th day before the date it enters | ||
into a major consulting services contract, a state agency must post | ||
in the state business daily under Section 2155.083 [ |
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(1) an invitation for consultants to provide offers of | ||
consulting services; | ||
(2) the name of the individual who should be contacted | ||
by a consultant that intends to make an offer; | ||
(3) the closing date for the receipt of offers; and | ||
(4) the procedure by which the state agency will award | ||
the contract. | ||
SECTION 20. Section 2254.031(a), Government Code, is | ||
amended to read as follows: | ||
(a) A state agency that intends to renew, amend, or extend a | ||
major consulting services contract shall[ |
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the contract after the renewal, amendment, or extension [ |
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is a major consulting services contract. | ||
SECTION 21. Subchapter B, Chapter 2261, Government Code, is | ||
amended by adding Sections 2261.0525 and 2261.054 to read as | ||
follows: | ||
Sec. 2261.0525. CERTIFICATION OF VENDOR ASSESSMENT | ||
PROCESS. (a) Before a state agency may award a contract to a | ||
vendor, the agency's procurement director must review the process | ||
and all documents used by the agency to assess each vendor who | ||
responded to the solicitation. The procurement director must | ||
certify in writing that: | ||
(1) the agency assessed each vendor's response to the | ||
solicitation using the evaluation criteria published in the | ||
solicitation or, if applicable, the written evaluation criteria | ||
established by the agency; and | ||
(2) the final calculation of scoring of responses was | ||
accurate. | ||
(b) A state agency shall justify in writing any change in | ||
the scoring of a vendor that occurs following the initial | ||
assessment and scoring of responses. The written justification | ||
must be reviewed by the agency's procurement director. The | ||
procurement director shall certify in writing that the change in | ||
scoring was appropriate. | ||
(c) A state agency's procurement director may delegate to a | ||
person whose position in the agency's procurement office is at | ||
least equal to the position of contract manager the certification | ||
authority under this section if the agency has met the conditions | ||
prescribed by the comptroller under Section 2262.053(h). | ||
(d) A written certification or justification required by | ||
this section must be placed in the contract file. | ||
Sec. 2261.054. STATEMENT REGARDING VENDOR SELECTION | ||
REQUIRED FOR CERTAIN CONTRACT AWARDS. If a state agency awards a | ||
contract to a vendor who did not receive the highest score in an | ||
assessment process certified under Section 2261.0525, the agency | ||
shall state in writing in the contract file the reasons for making | ||
the award. | ||
SECTION 22. The heading to Subchapter E, Chapter 2261, | ||
Government Code, is amended to read as follows: | ||
SUBCHAPTER E. CONTRACTOR OVERSIGHT AND LIABILITY | ||
SECTION 23. Subchapter E, Chapter 2261, Government Code, is | ||
amended by adding Section 2261.204 to read as follows: | ||
Sec. 2261.204. LIABILITY PROVISIONS. (a) Each state | ||
agency shall include in the contract file for each of its contracts | ||
for goods or services subject to this chapter a written explanation | ||
of the agency's decision to include or not include in the contract a | ||
provision for liquidated damages or another form of liability for | ||
damages caused by the contractor. | ||
(b) A contract file must also include, if applicable, a | ||
written justification for any provision in the contract that limits | ||
the liability of a contractor for damages. | ||
(c) If an extension of a state agency's contract described | ||
by Subsection (a) modifies a provision for liquidated damages or | ||
another provision relating to a contractor's liability for damages, | ||
the agency must amend the written explanation or justification | ||
required by this section to include a justification for the | ||
modification. | ||
SECTION 24. Section 2261.251(b), Government Code, is | ||
amended to read as follows: | ||
(b) This subchapter does not apply to a contract of the | ||
Employees Retirement System of Texas [ |
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entity for claims administration of a group health benefit plan | ||
under Subtitle H, Title 8, Insurance Code. | ||
SECTION 25. Section 2261.254(d), Government Code, is | ||
amended to read as follows: | ||
(d) The governing body or governing official of a state | ||
agency, as appropriate, may delegate to the executive director or a | ||
deputy executive director of the agency the approval and signature | ||
authority under Subsection (c). | ||
SECTION 26. Subchapter F, Chapter 2261, Government Code, is | ||
amended by adding Sections 2261.258 and 2261.259 to read as | ||
follows: | ||
Sec. 2261.258. MONITORING ASSESSMENT BY STATE AUDITOR. | ||
(a) Before July 1 of each year, the state auditor shall assign one | ||
of the following ratings to each of the 25 largest state agencies in | ||
that state fiscal year as determined by the Legislative Budget | ||
Board: | ||
(1) additional monitoring warranted; | ||
(2) no additional monitoring warranted; or | ||
(3) reduced monitoring warranted. | ||
(b) In assigning a rating to a state agency as required | ||
under Subsection (a), the state auditor shall consider the | ||
following information, as applicable: | ||
(1) results of an audit of: | ||
(A) the agency conducted by the state auditor | ||
under Chapter 321; or | ||
(B) the agency's contracts and contract | ||
processes and controls conducted by the agency's internal auditors | ||
or by the state auditor; | ||
(2) results of a purchase audit conducted by the | ||
comptroller under Section 2155.325; | ||
(3) information reported by the quality assurance team | ||
established under Section 2054.158 relating to the agency's major | ||
information resources projects; | ||
(4) information from the Contract Advisory Team | ||
established under Subchapter C, Chapter 2262, relating to reviews | ||
of the agency's contracts and contract solicitation documents; | ||
(5) information relating to agency findings from a | ||
review of the agency conducted by: | ||
(A) the Legislative Budget Board; and | ||
(B) the Sunset Advisory Commission under Chapter | ||
325 (Texas Sunset Act); | ||
(6) the agency's self-reported improvements to the | ||
agency's contracting processes; and | ||
(7) any additional internal analysis provided by the | ||
agency. | ||
(c) On or before September 1 of each year, the state auditor | ||
shall submit to the comptroller and the Department of Information | ||
Resources a report that: | ||
(1) lists each state agency that was assigned a rating | ||
under Subsection (a); and | ||
(2) for a state agency that was assigned a rating under | ||
Subsection (a)(1) or (3), specifies that additional or reduced | ||
monitoring, as applicable, is required during one or more of the | ||
following periods: | ||
(A) contract solicitation development; | ||
(B) contract formation and award; or | ||
(C) contract management and termination. | ||
(d) In consultation with the Contract Advisory Team | ||
established under Subchapter C, Chapter 2262, the comptroller by | ||
rule shall develop guidelines for the additional or reduced | ||
monitoring of a state agency during the periods described by | ||
Subsections (c)(2)(A), (B), and (C) for a contract that falls under | ||
the monetary thresholds for review or monitoring by the Contract | ||
Advisory Team. | ||
(e) In consultation with the quality assurance team | ||
established under Section 2054.158, the Department of Information | ||
Resources by rule shall develop guidelines for the additional or | ||
reduced monitoring of a state agency during the periods described | ||
by Subsections (c)(2)(A), (B), and (C) for a contract that falls | ||
under the monetary thresholds for review or monitoring by the | ||
quality assurance team. | ||
(f) The state auditor may request any information necessary | ||
from a state agency, the Contract Advisory Team, or the quality | ||
assurance team to comply with the requirements of this section, and | ||
the agency or team, as applicable, shall provide the requested | ||
information. | ||
(g) The state auditor, comptroller, and Department of | ||
Information Resources shall share information as necessary to | ||
fulfill their respective duties under this section. | ||
(h) The state auditor's duties under this section must be | ||
included in the audit plan and approved by the legislative audit | ||
committee under Section 321.013. | ||
Sec. 2261.259. ELECTRONIC COMPLIANCE SUBMISSIONS. A state | ||
agency that uses the centralized accounting and payroll system | ||
authorized under Sections 2101.035 and 2101.036 or an alternative | ||
computer software system for compliance requirements related to the | ||
procurement of goods or services may electronically submit to the | ||
comptroller using that computer software system a written | ||
justification, verification, notification, or acknowledgement | ||
required under this chapter or Subchapter B, Chapter 2155. | ||
SECTION 27. Subchapter B, Chapter 2262, Government Code, is | ||
amended by adding Sections 2262.053 and 2262.056 to read as | ||
follows: | ||
Sec. 2262.053. CONTRACT FILE CHECKLIST; CERTIFICATION OF | ||
AGENCY COMPLIANCE. (a) Each state agency shall include in the | ||
contract file for each of its contracts a checklist to ensure the | ||
agency's compliance with state laws and rules relating to the | ||
acquisition of goods and services by the agency. | ||
(b) The comptroller shall develop and periodically update a | ||
model contract file checklist and make the checklist available for | ||
use by state agencies. The comptroller shall periodically update | ||
the checklist. | ||
(c) The comptroller may adopt rules necessary to develop or | ||
update the model contract file checklist. | ||
(d) The model contract file checklist must address each | ||
stage of the procurement process and must include, at a minimum, a | ||
description of: | ||
(1) the documents that are required to be maintained | ||
during each stage of the procurement process in accordance with | ||
applicable state laws and comptroller rules; and | ||
(2) the procedures and documents that are required to | ||
be completed during the following stages of the procurement | ||
process: | ||
(A) contract solicitation development; | ||
(B) contract formation and award; and | ||
(C) contract management. | ||
(e) A state agency may develop its own contract file | ||
checklist based on the procurement and contracting needs of that | ||
agency, provided that the checklist developed by the agency is | ||
consistent with the comptroller's model contract file checklist and | ||
meets any requirements established by comptroller rule under | ||
Subsection (c). | ||
(f) Before a state agency awards a contract to a vendor for | ||
the purchase of goods or services, the agency's contract manager or | ||
procurement director must: | ||
(1) review the contents of the contract file for the | ||
contract, including the checklist, to ensure that all documents | ||
required by state law or applicable agency rules are complete and | ||
present in the file; and | ||
(2) certify in a written document to be included in the | ||
contract file that the review required under Subdivision (1) was | ||
completed. | ||
(g) A state agency's contract manager or procurement | ||
director may delegate to a person in the agency's procurement | ||
office the certification authority under this section. | ||
(h) The comptroller by rule shall prescribe the conditions | ||
under which a state agency's contract manager or procurement | ||
director: | ||
(1) must make the certification required by Subsection | ||
(f); and | ||
(2) may delegate the certification authority under | ||
this section. | ||
Sec. 2262.056. APPROVAL REQUIRED FOR ASSIGNMENT OF SERVICES | ||
CONTRACTS. (a) In this section: | ||
(1) "Major information resources project" has the | ||
meaning assigned by Section 2054.003. | ||
(2) "Sensitive personal information" has the meaning | ||
assigned by Section 521.002, Business & Commerce Code. | ||
(b) A vendor awarded a services contract by a state agency | ||
may not assign the vendor's rights under the contract to a third | ||
party unless the assignment is approved by the state agency. | ||
(c) At least 14 days before a state agency rejects or | ||
approves a vendor's proposed assignment under Subsection (b), the | ||
state agency shall notify the Legislative Budget Board of the | ||
proposed assignment if the contract subject to the assignment: | ||
(1) is for a major information resources project; or | ||
(2) involves storing, receiving, processing, | ||
transmitting, disposing of, or accessing sensitive personal | ||
information in a foreign country. | ||
SECTION 28. The following provisions of the Government Code | ||
are repealed: | ||
(1) Sections 825.103(d) and (g); | ||
(2) Section 2054.1181(f); | ||
(3) Section 2054.1184; | ||
(4) Sections 2054.159(c) and (d); | ||
(5) Section 2054.304(c); | ||
(6) Section 2254.030; | ||
(7) Section 2254.031(c); and | ||
(8) Section 2254.033(b). | ||
SECTION 29. As soon as practicable after the effective date | ||
of this Act, the comptroller of public accounts, the Department of | ||
Information Resources, and each affected state agency as necessary, | ||
shall adopt the rules, processes, and procedures and take the | ||
actions necessary to implement the changes in law made by this Act. | ||
SECTION 30. (a) Except as provided by Subsections (b) and | ||
(c) of this section, this Act applies only in relation to a | ||
contract: | ||
(1) for which a state agency first advertises or | ||
otherwise solicits bids, proposals, offers, or qualifications on or | ||
after the effective date of this Act; | ||
(2) that is extended or modified on or after the | ||
effective date of this Act; or | ||
(3) for which a change order is submitted on or after | ||
the effective date of this Act. | ||
(b) Section 2262.056, Government Code, as added by this Act, | ||
applies only to a contract entered into or renewed on or after the | ||
effective date of this Act. | ||
(c) The changes in law made by this Act that apply to a major | ||
consulting services contract apply only to a major consulting | ||
services contract entered into or amended, modified, renewed, or | ||
extended on or after the effective date of this Act. A major | ||
consulting services contract entered into or amended, modified, | ||
renewed, or extended before the effective date of this Act is | ||
governed by the law in effect on the date the contract was entered | ||
into or amended, modified, renewed, or extended, and the former law | ||
is continued in effect for that purpose. | ||
SECTION 31. Notwithstanding Section 2261.258, Government | ||
Code, as added by this Act, the first report required under that | ||
section is due on or before September 1, 2020. | ||
SECTION 32. This Act takes effect September 1, 2019. |