Bill Text: TX SB799 | 2021-2022 | 87th Legislature | Enrolled
Bill Title: Relating to contracting procedures and requirements for governmental entities.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2021-06-16 - Effective on 9/1/21 [SB799 Detail]
Download: Texas-2021-SB799-Enrolled.html
S.B. No. 799 |
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relating to contracting procedures and requirements for | ||
governmental entities. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 531.102, Government Code, is amended by | ||
adding Subsections (m-1) and (m-2) to read as follows: | ||
(m-1) If the commission does not receive any responsive bids | ||
under Chapter 2155 on a competitive solicitation for the services | ||
of a qualified expert to review investigative findings under | ||
Subsection (l) or (m) and the number of contracts to be awarded | ||
under this subsection is not otherwise limited, the commission may | ||
negotiate with and award a contract for the services to a qualified | ||
expert on the basis of: | ||
(1) the contractor's agreement to a set fee, either as | ||
a range or lump-sum amount; and | ||
(2) the contractor's affirmation and the office's | ||
verification that the contractor possesses the necessary | ||
occupational licenses and experience. | ||
(m-2) Notwithstanding Sections 2155.083 and 2261.051, a | ||
contract awarded under Subsection (m-1) is not subject to | ||
competitive advertising and proposal evaluation requirements. | ||
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 million and that: | ||
(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; | ||
[ |
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(B) any information resources technology project | ||
designated by the legislature in the General Appropriations Act as | ||
a major information resources project; and | ||
(C) any information resources technology project | ||
of a state agency designated for additional monitoring under | ||
Section 2261.258(a)(1) if the development costs for the project | ||
exceed $5 million. | ||
SECTION 3. Section 2054.008(b), Government Code, is amended | ||
to read as follows: | ||
(b) A state agency shall provide written notice to the | ||
Legislative Budget Board of a contract for a major information | ||
system. The notice must be on a form prescribed by the Legislative | ||
Budget Board and filed not later than the 30th [ |
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date the agency enters into the contract. | ||
SECTION 4. Section 2054.1181(a), Government Code, is | ||
amended to read as follows: | ||
(a) The [ |
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department shall provide additional oversight services [ |
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quality assurance services, independent project monitoring, and | ||
project management, for major information resources projects | ||
described by Section 2054.003(10)(C) and for other major | ||
information resources projects selected for oversight by the | ||
governor, lieutenant governor, or speaker of the house of | ||
representatives. A state agency with a project subject to | ||
[ |
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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 5. Section 2155.074, Government Code, is amended by | ||
amending Subsection (b) and adding Subsection (b-1) to read as | ||
follows: | ||
(b) In determining the best value for the state, the | ||
purchase price and whether the goods or services meet | ||
specifications are principal considerations that must be balanced | ||
with other relevant factors [ |
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(b-1) The [ |
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may, subject to Subsection (c) and Section 2155.075, consider the | ||
following [ |
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including: | ||
(1) installation costs; | ||
(2) life cycle costs; | ||
(3) the quality and reliability of the goods and | ||
services; | ||
(4) the delivery terms; | ||
(5) indicators of probable vendor performance under | ||
the contract such as past vendor performance, the vendor's | ||
financial resources and ability to perform, the vendor's experience | ||
or demonstrated capability and responsibility, and the vendor's | ||
ability to provide reliable maintenance agreements and support; | ||
(6) the cost of any employee training associated with | ||
a purchase; | ||
(7) the effect of a purchase on agency productivity; | ||
(8) the vendor's anticipated economic impact to the | ||
state or a subdivision of the state, including potential tax | ||
revenue and employment; [ |
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(9) the impact of a purchase on the agency's | ||
administrative resources; and | ||
(10) other factors relevant to determining the best | ||
value for the state in the context of a particular purchase. | ||
SECTION 6. Section 2155.075(a), Government Code, is amended | ||
to read as follows: | ||
(a) For a purchase made through competitive bidding, the | ||
comptroller or other state agency making the purchase must specify | ||
in the request for bids: | ||
(1) the factors other than price that the comptroller | ||
or agency will consider in determining which bid offers the best | ||
value for the state; and | ||
(2) the proposal criteria the comptroller or agency | ||
will use when considering the factors described by Subdivision (1). | ||
SECTION 7. Section 2155.089(c), Government Code, is amended | ||
to read as follows: | ||
(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; | ||
(2) a contract of the Employees Retirement System of | ||
Texas except for a 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; [ |
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(B) the Department of Information Resources | ||
under Section 2157.068; or | ||
(C) a university system or an institution of | ||
higher education, as those terms are defined by Section 61.003, | ||
Education Code. | ||
SECTION 8. Sections 2155.132(a), (b), and (e), Government | ||
Code, are amended to read as follows: | ||
(a) A state agency is delegated the authority to purchase | ||
goods and services if the purchase does not exceed $50,000 | ||
[ |
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not followed the comptroller's rules or the laws related to the | ||
delegated purchases, the comptroller shall report its | ||
determination to the members of the state agency's governing body | ||
and to the governor, lieutenant governor, speaker of the house of | ||
representatives, and Legislative Budget Board. | ||
(b) The comptroller by rule may delegate to a state agency | ||
the authority to purchase goods and services if the purchase | ||
exceeds $50,000 [ |
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under this subsection or Section 2155.131, the comptroller shall | ||
consider factors relevant to a state agency's ability to perform | ||
purchasing functions, including: | ||
(1) the capabilities of the agency's purchasing staff | ||
and the existence of automated purchasing tools at the agency; | ||
(2) the certification levels held by the agency's | ||
purchasing personnel; | ||
(3) the results of the comptroller's procurement | ||
review audits of an agency's purchasing practices; and | ||
(4) whether the agency has adopted and published | ||
protest procedures consistent with those of the comptroller as part | ||
of its purchasing rules. | ||
(e) Competitive bidding, whether formal or informal, is | ||
required for a purchase by a state agency if the purchase: | ||
(1) exceeds $10,000 [ |
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(2) is made under a written contract. | ||
SECTION 9. Section 2155.144, Government Code, is amended by | ||
adding Subsection (o) to read as follows: | ||
(o) If the Health and Human Services Commission does not | ||
receive any responsive bids on a competitive solicitation for goods | ||
or services for 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, the commission after | ||
making a written determination that competition is not available | ||
may negotiate with and award the contract to any qualified vendor | ||
who meets the requirements of the original solicitation: | ||
(1) at a price consistent with the current market | ||
value of the goods or services; and | ||
(2) for a term not to exceed five years. | ||
SECTION 10. Section 2155.264, Government Code, is amended | ||
to read as follows: | ||
Sec. 2155.264. AGENCY SOLICITATION OF BIDS OR PROPOSALS FOR | ||
ACQUISITION OVER $25,000 [ |
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to make a purchase or other acquisition that will cost more than | ||
$25,000 [ |
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eligible vendor on the master bidders list that serves the agency's | ||
geographic region. A state agency may also solicit bids or | ||
proposals through the use of on-line electronic transmission. | ||
SECTION 11. Section 2157.068, Government Code, is amended | ||
by amending Subsections (e-1) and (e-2) and adding Subsection (e-4) | ||
to read as follows: | ||
(e-1) Except as provided by Subsection (e-4), a [ |
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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, the agency must submit a 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 | ||
but not more than $10 [ |
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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 $10 | ||
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(e-4) For a contract with a value of more than $5 million but | ||
not more than $10 million, a state agency may purchase a commodity | ||
item using a purchasing method designated by the comptroller under | ||
Section 2157.006(a)(2). | ||
SECTION 12. Section 2166.2551, Government Code, is amended | ||
to read as follows: | ||
Sec. 2166.2551. CONTRACT NOTIFICATION. The commission or | ||
an agency whose project is exempted from all or part of this chapter | ||
under Section 2166.003 shall provide written notice to the | ||
Legislative Budget Board of a contract for a construction project | ||
if the amount of the contract, including an amendment, | ||
modification, renewal, or extension of the contract, exceeds | ||
$50,000 [ |
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Legislative Budget Board and filed not later than the 30th [ |
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day after the date the agency enters into the contract. | ||
SECTION 13. Section 2254.006, Government Code, is amended | ||
to read as follows: | ||
Sec. 2254.006. CONTRACT NOTIFICATION. A state agency, | ||
including an institution of higher education as defined by Section | ||
61.003, Education Code, shall provide written notice to the | ||
Legislative Budget Board of a contract for professional services, | ||
other than a contract for physician or optometric services, if the | ||
amount of the contract, including an amendment, modification, | ||
renewal, or extension of the contract, exceeds $50,000 [ |
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The notice must be on a form prescribed by the Legislative Budget | ||
Board and filed not later than the 30th [ |
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the agency enters into the contract. | ||
SECTION 14. Subchapter A, Chapter 2254, Government Code, is | ||
amended by adding Section 2254.008 to read as follows: | ||
Sec. 2254.008. CONTRACT FOR PROFESSIONAL SERVICES OF | ||
PHYSICIANS, OPTOMETRISTS, AND REGISTERED NURSES. (a) | ||
Notwithstanding Section 2254.003, if a governmental entity is | ||
procuring services provided in connection with the professional | ||
employment or practice of a professional described by Section | ||
2254.002(2)(B)(v), (vi), or (ix) and the number of contracts to be | ||
awarded under this section is not otherwise limited, the | ||
governmental entity may make the selection and award on the basis | ||
of: | ||
(1) the provider's agreement to payment of a set fee, | ||
as a range or lump-sum amount; and | ||
(2) the provider's affirmation and the governmental | ||
entity's verification that the provider has the necessary | ||
occupational licenses and experience. | ||
(b) Notwithstanding Sections 2155.083 and 2261.051, a | ||
contract awarded under this section is not subject to competitive | ||
advertising and proposal evaluation requirements. | ||
SECTION 15. Section 2254.0301(a), Government Code, is | ||
amended to read as follows: | ||
(a) A state agency shall provide written notice to the | ||
Legislative Budget Board of a contract for consulting services if | ||
the amount of the contract, including an amendment, modification, | ||
renewal, or extension of the contract, exceeds $50,000 [ |
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The notice must be on a form prescribed by the Legislative Budget | ||
Board and filed not later than the 30th [ |
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the entity enters into the contract. | ||
SECTION 16. Section 2262.051, Government Code, is amended | ||
by adding Subsections (i) and (j) to read as follows: | ||
(i) The guide must include: | ||
(1) instructions to assist a state agency in | ||
identifying the agency procurements that require an additional or | ||
secondary agency employee to serve as a contact for the procurement | ||
and establishing procedures for notifying vendors when to contact | ||
the additional or secondary agency employee; | ||
(2) a general outline for the training a state agency | ||
must provide to the agency's procurement evaluators related to the | ||
goods and services the evaluator reviews for purchase by the | ||
agency, including training on the implementation of best value | ||
standards under Section 2155.074; | ||
(3) for a procurement in an amount that exceeds $20 | ||
million, the information a state agency must include in a contract | ||
file on the evaluator for that procurement, including the reasons | ||
the person was selected and the person's relevant qualifications; | ||
and | ||
(4) a model communications procedure for vendors and | ||
agency employees, developed in collaboration with representatives | ||
from vendors and state agencies. | ||
(j) For a procurement in an amount that exceeds $20 million | ||
other than a contract entered into by the comptroller under Section | ||
2155.061, the guide must require a state agency to notify | ||
interested parties at least two months before the date the agency | ||
issues the solicitation for the procurement. | ||
SECTION 17. Section 264.603(a), Family Code, is amended to | ||
read as follows: | ||
(a) The commission shall contract with one statewide | ||
organization that is exempt from federal income taxation under | ||
Section 501(a), Internal Revenue Code of 1986, as an organization | ||
described by Section 501(c)(3) of that code [ |
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that is composed of individuals or groups of individuals who have | ||
expertise in the dynamics of child abuse and neglect and experience | ||
in operating volunteer advocate programs to provide training, | ||
technical assistance, and evaluation services for the benefit of | ||
local volunteer advocate programs. The contract shall: | ||
(1) include measurable goals and objectives relating | ||
to the number of: | ||
(A) volunteer advocates in the program; and | ||
(B) children receiving services from the | ||
program; and | ||
(2) follow practices designed to ensure compliance | ||
with standards referenced in the contract. | ||
SECTION 18. Section 44.0331(a), Education Code, is amended | ||
to read as follows: | ||
(a) A school district that enters into a purchasing contract | ||
valued at $25,000 or more under Section 44.031(a)(5), under | ||
Subchapter F, Chapter 271, Local Government Code, or under any | ||
other cooperative purchasing program authorized for school | ||
districts by law shall document a [ |
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including a [ |
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purpose of each fee under the contract. | ||
SECTION 19. The changes in law made by this Act apply only | ||
to a contract for which a state agency first advertises or otherwise | ||
solicits offers, bids, proposals, qualifications, or other | ||
applicable expressions of interest on or after the effective date | ||
of this Act. A contract for which a state agency first advertises | ||
or otherwise solicits offers, bids, proposals, qualifications, or | ||
other applicable expressions of interest before the effective date | ||
of this Act is governed by the law as it existed immediately before | ||
the effective date of this Act, and that law is continued in effect | ||
for that purpose. | ||
SECTION 20. As soon as practicable after the effective date | ||
of this Act, the Department of Information Resources shall adopt | ||
rules necessary to implement the changes in law made by this Act. | ||
SECTION 21. If before implementing any provision of this | ||
Act a state agency determines that a waiver or authorization from a | ||
federal agency is necessary for implementation of that provision, | ||
the agency affected by the provision shall request the waiver or | ||
authorization and may delay implementing that provision until the | ||
waiver or authorization is granted. | ||
SECTION 22. This Act takes effect September 1, 2021. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I hereby certify that S.B. No. 799 passed the Senate on | ||
April 19, 2021, by the following vote: Yeas 31, Nays 0; and that | ||
the Senate concurred in House amendments on May 29, 2021, by the | ||
following vote: Yeas 31, Nays 0. | ||
______________________________ | ||
Secretary of the Senate | ||
I hereby certify that S.B. No. 799 passed the House, with | ||
amendments, on May 25, 2021, by the following vote: Yeas 145, | ||
Nays 0, two present not voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
Approved: | ||
______________________________ | ||
Date | ||
______________________________ | ||
Governor |