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A BILL TO BE ENTITLED
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AN ACT
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relating to contracting procedures and requirements for |
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governmental entities. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 2054.003(10), Government Code, is |
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amended to read as follows: |
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(10) "Major information resources project" means: |
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(A) any information resources technology project |
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identified in a state agency's biennial operating plan whose |
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development costs exceed $5 million and that: |
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(i) requires one year or longer to reach |
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operations status; |
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(ii) involves more than one state agency; |
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or |
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(iii) substantially alters work methods of |
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state agency personnel or the delivery of services to clients; |
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[and] |
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(B) any information resources technology project |
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designated by the legislature in the General Appropriations Act as |
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a major information resources project; and |
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(C) any information resources technology project |
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of a state agency designated for additional monitoring under |
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Section 2261.258(a)(1) if the development costs for the project |
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exceed $5 million. |
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SECTION 2. Section 2054.008(b), Government Code, is amended |
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to read as follows: |
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(b) A state agency shall provide written notice to the |
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Legislative Budget Board of a contract for a major information |
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system. The notice must be on a form prescribed by the Legislative |
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Budget Board and filed not later than the 30th [10th] day after the |
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date the agency enters into the contract. |
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SECTION 3. Section 2054.1181(a), Government Code, is |
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amended to read as follows: |
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(a) The [At the direction of the governor, lieutenant |
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governor, or speaker of the house of representatives, the] |
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department shall provide additional oversight services [for major |
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information resources projects], including risk management, |
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quality assurance services, independent project monitoring, and |
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project management, for major information resources projects |
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described by Section 2054.003(10)(C) and for other major |
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information resources projects selected for oversight by the |
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governor, lieutenant governor, or speaker of the house of |
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representatives. A state agency with a project subject to |
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[selected for] oversight shall pay for oversight by the department |
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and quality assurance team based on a funding model developed by the |
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department. The department may contract with a vendor to provide |
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the necessary oversight at the department's direction. |
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SECTION 4. Sections 2155.132(a), (b), and (e), Government |
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Code, are amended to read as follows: |
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(a) A state agency is delegated the authority to purchase |
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goods and services if the purchase does not exceed $50,000 |
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[$15,000]. If the comptroller determines that a state agency has |
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not followed the comptroller's rules or the laws related to the |
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delegated purchases, the comptroller shall report its |
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determination to the members of the state agency's governing body |
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and to the governor, lieutenant governor, speaker of the house of |
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representatives, and Legislative Budget Board. |
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(b) The comptroller by rule may delegate to a state agency |
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the authority to purchase goods and services if the purchase |
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exceeds $50,000 [$15,000]. In delegating purchasing authority |
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under this subsection or Section 2155.131, the comptroller shall |
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consider factors relevant to a state agency's ability to perform |
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purchasing functions, including: |
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(1) the capabilities of the agency's purchasing staff |
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and the existence of automated purchasing tools at the agency; |
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(2) the certification levels held by the agency's |
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purchasing personnel; |
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(3) the results of the comptroller's procurement |
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review audits of an agency's purchasing practices; and |
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(4) whether the agency has adopted and published |
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protest procedures consistent with those of the comptroller as part |
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of its purchasing rules. |
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(e) Competitive bidding, whether formal or informal, is |
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required for a purchase by a state agency if the purchase: |
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(1) exceeds $10,000 [$5,000]; and |
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(2) is made under a written contract. |
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SECTION 5. Section 2155.144, Government Code, is amended by |
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adding Subsection (o) to read as follows: |
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(o) If the Health and Human Services Commission does not |
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receive any responsive bids on a competitive solicitation for goods |
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or services for a state hospital operated by a health and human |
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services agency or a state supported living center as defined by |
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Section 531.002, Health and Safety Code, the commission after |
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making a written determination that competition is not available |
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may negotiate with and award the contract to any qualified vendor |
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who meets the requirements of the original solicitation: |
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(1) at a price consistent with the current market |
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value of the goods or services; and |
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(2) for a term not to exceed five years. |
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SECTION 6. Section 2155.264, Government Code, is amended to |
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read as follows: |
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Sec. 2155.264. AGENCY SOLICITATION OF BIDS OR PROPOSALS FOR |
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ACQUISITION OVER $25,000 [$15,000]. A state agency that proposes |
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to make a purchase or other acquisition that will cost more than |
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$25,000 [$15,000] shall solicit bids or proposals from each |
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eligible vendor on the master bidders list that serves the agency's |
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geographic region. A state agency may also solicit bids or |
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proposals through the use of on-line electronic transmission. |
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SECTION 7. Section 2157.068, Government Code, is amended by |
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amending Subsections (e-1) and (e-2) and adding Subsection (e-4) to |
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read as follows: |
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(e-1) Except as provided by Subsection (e-4), a [A] state |
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agency contracting to purchase a commodity item shall use the list |
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maintained as required by Subsection (e) as follows: |
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(1) for a contract with a value of $50,000 or less, the |
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agency may directly award the contract to a vendor included on the |
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list without submission of a request for pricing to other vendors on |
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the list; |
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(2) for a contract with a value of more than $50,000 |
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but not more than $1 million, the agency must submit a request for |
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pricing to at least three vendors included on the list in the |
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category to which the contract relates; and |
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(3) for a contract with a value of more than $1 million |
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but not more than $10 [$5] million, the agency must submit a request |
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for pricing to at least six vendors included on the list in the |
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category to which the contract relates or all vendors on the |
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schedule if the category has fewer than six vendors. |
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(e-2) A state agency may not enter into a contract to |
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purchase a commodity item if the value of the contract exceeds $10 |
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[$5] million. |
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(e-4) For a contract with a value of more than $5 million but |
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not more than $10 million, a state agency may purchase a commodity |
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item using a purchasing method designated by the comptroller under |
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Section 2157.006(a)(2). |
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SECTION 8. Section 2166.2551, Government Code, is amended |
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to read as follows: |
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Sec. 2166.2551. CONTRACT NOTIFICATION. The commission or |
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an agency whose project is exempted from all or part of this chapter |
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under Section 2166.003 shall provide written notice to the |
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Legislative Budget Board of a contract for a construction project |
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if the amount of the contract, including an amendment, |
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modification, renewal, or extension of the contract, exceeds |
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$50,000 [$14,000]. The notice must be on a form prescribed by the |
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Legislative Budget Board and filed not later than the 30th [10th] |
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day after the date the agency enters into the contract. |
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SECTION 9. Section 2254.006, Government Code, is amended to |
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read as follows: |
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Sec. 2254.006. CONTRACT NOTIFICATION. A state agency, |
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including an institution of higher education as defined by Section |
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61.003, Education Code, shall provide written notice to the |
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Legislative Budget Board of a contract for professional services, |
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other than a contract for physician or optometric services, if the |
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amount of the contract, including an amendment, modification, |
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renewal, or extension of the contract, exceeds $50,000 [$14,000]. |
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The notice must be on a form prescribed by the Legislative Budget |
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Board and filed not later than the 30th [10th] day after the date |
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the agency enters into the contract. |
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SECTION 10. Subchapter A, Chapter 2254, Government Code, is |
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amended by adding Section 2254.008 to read as follows: |
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Sec. 2254.008. CONTRACT FOR PROFESSIONAL SERVICES OF |
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PHYSICIANS, OPTOMETRISTS, AND REGISTERED NURSES. (a) |
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Notwithstanding Section 2254.003, if a governmental entity is |
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procuring services provided in connection with the professional |
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employment or practice of a professional described by Section |
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2254.002(2)(B)(v), (vi), or (ix) and the number of contracts to be |
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awarded under this section is not otherwise limited, the |
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governmental entity may make the selection and award on the basis |
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of: |
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(1) the provider's agreement to payment of a set fee, |
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as a range or lump-sum amount; and |
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(2) the provider's affirmation and the governmental |
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entity's verification that the provider has the necessary |
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occupational licenses and experience. |
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(b) Notwithstanding Sections 2155.083 and 2261.051, a |
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contract awarded under this section is not subject to competitive |
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advertising and proposal evaluation requirements. |
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SECTION 11. Section 2254.0301(a), Government Code, is |
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amended to read as follows: |
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(a) A state agency shall provide written notice to the |
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Legislative Budget Board of a contract for consulting services if |
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the amount of the contract, including an amendment, modification, |
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renewal, or extension of the contract, exceeds $50,000 [$14,000]. |
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The notice must be on a form prescribed by the Legislative Budget |
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Board and filed not later than the 30th [10th] day after the date |
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the entity enters into the contract. |
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SECTION 12. Section 2262.051, Government Code, is amended |
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by adding Subsections (i) and (j) to read as follows: |
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(i) The guide must include: |
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(1) instructions to assist a state agency in |
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identifying the agency procurements that require an additional or |
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secondary agency employee to serve as a contact for the procurement |
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and establishing procedures for notifying vendors when to contact |
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the additional or secondary agency employee; |
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(2) a general outline for the training a state agency |
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must provide to the agency's procurement evaluators related to the |
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goods and services the evaluator reviews for purchase by the |
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agency; and |
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(3) the information a state agency must include in a |
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contract file on the evaluator for that procurement, including the |
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reasons the person was selected and the person's relevant |
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qualifications. |
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(j) For a procurement in an amount that exceeds $20 million, |
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the guide must require a state agency to notify interested parties |
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at least two months before the date the agency issues the |
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solicitation for the procurement. |
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SECTION 13. Section 264.603(a), Family Code, is amended to |
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read as follows: |
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(a) The commission shall contract with one statewide |
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organization that is exempt from federal income taxation under |
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Section 501(a), Internal Revenue Code of 1986, as an organization |
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described by Section 501(c)(3) of that code [and designated as a |
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supporting organization under Section 509(a)(3) of that code,] and |
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that is composed of individuals or groups of individuals who have |
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expertise in the dynamics of child abuse and neglect and experience |
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in operating volunteer advocate programs to provide training, |
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technical assistance, and evaluation services for the benefit of |
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local volunteer advocate programs. The contract shall: |
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(1) include measurable goals and objectives relating |
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to the number of: |
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(A) volunteer advocates in the program; and |
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(B) children receiving services from the |
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program; and |
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(2) follow practices designed to ensure compliance |
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with standards referenced in the contract. |
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SECTION 14. The changes in law made by this Act apply only |
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to a contract for which a state agency first advertises or otherwise |
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solicits offers, bids, proposals, qualifications, or other |
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applicable expressions of interest on or after the effective date |
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of this Act. A contract for which a state agency first advertises |
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or otherwise solicits offers, bids, proposals, qualifications, or |
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other applicable expressions of interest before the effective date |
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of this Act is governed by the law as it existed immediately before |
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the effective date of this Act, and that law is continued in effect |
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for that purpose. |
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SECTION 15. As soon as practicable after the effective date |
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of this Act, the Department of Information Resources shall adopt |
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rules necessary to implement the changes in law made by this Act. |
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SECTION 16. If before implementing any provision of this |
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Act a state agency determines that a waiver or authorization from a |
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federal agency is necessary for implementation of that provision, |
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the agency affected by the provision shall request the waiver or |
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authorization and may delay implementing that provision until the |
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waiver or authorization is granted. |
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SECTION 17. This Act takes effect September 1, 2021. |
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* * * * * |