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A BILL TO BE ENTITLED
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AN ACT
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relating to information technology purchased through the |
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Department of Information Resources. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 2157.068(a) and (e-3), Government Code, |
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are amended to read as follows: |
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(a) In this section, "commodity items" means commercial |
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software, hardware, or technology services, other than |
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telecommunications services, that are generally available to |
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businesses or the public and for which the department determines |
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that a reasonable demand exists from [in] two or more customers, |
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including state agencies and political subdivisions of this state, |
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entities described by Subsection (j), and governmental entities of |
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another state, that purchase the items through the department. The |
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term includes seat management, through which a customer [state |
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agency] transfers its personal computer equipment and service |
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responsibilities to a private vendor to manage the personal |
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computing needs for each desktop of the customer [in the state |
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agency], including all necessary hardware, software, and support |
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services. |
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(e-3) The procedural requirements of Subsection (e-1) and |
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the limitation prescribed by Subsection (e-2) do not apply to a |
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state agency's purchase of commodity items under a department |
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contract for the bulk purchase of commodity items intended for use |
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by more than one customer [state agency]. |
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SECTION 2. Section 2157.182, Government Code, is amended to |
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read as follows: |
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Sec. 2157.182. VALIDITY OF PREAPPROVED TERMS AND |
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CONDITIONS; RENEGOTIATION. (a) Preapproved terms and conditions |
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to which a vendor, the comptroller, and the department agree are |
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valid for the duration of the initial contract [two years after the |
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date of the agreement] and must include a provision authorizing the |
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department to renegotiate [provide that] the terms and conditions |
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at any time before the contract expires [are to be renegotiated |
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before the end of the two years]. |
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(b) The comptroller and the department jointly shall |
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establish procedures to ensure that terms and conditions may be |
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[are] renegotiated before they expire in a contract between the |
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vendor and a state agency. |
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SECTION 3. Section 2157.182, Government Code, as amended by |
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this Act, applies only to a contract executed on or after the |
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effective date of this Act. A contract executed before the |
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effective date of this Act is governed by the law as it existed |
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immediately before that date, and that law is continued in effect |
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for that purpose. |
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SECTION 4. This Act takes effect September 1, 2021. |