BILL ANALYSIS

Senate Research Center	H.B. 4012
88R8381 LRM-F	By: Kitzman (Zaffirini)
	Business & Commerce
	5/13/2023
	Engrossed

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

The state business daily is administered by the Comptroller of Public Accounts of the State of Texas (comptroller) and allows state agencies to advertise pre-solicitation notices and other information relating to the state's business activity that the comptroller considers to be of interest to the public. With technological improvements, the state business daily has gone digital and is now the electronic state business daily. Moreover, the process for advertising has become more efficient by allowing agencies to self-publish, update their advertisements in real time throughout the solicitation process, extend postings, and publish awards. H.B. 4012 seeks to modernize state law to reflect these technological improvements that allow agencies to manage their notices and advertisements independently.

H.B. 4012 amends current law relating to the administration of the electronic state business daily.

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

SECTION BY SECTION ANALYSIS

SECTION 1. Amends the heading to Section 2155.083, Government Code, to read as follows:

Sec. 2155.083. ELECTRONIC STATE BUSINESS DAILY; NOTICE REGARDING PROCUREMENTS EXCEEDING $25,000.

SECTION 2. Amends Sections 2155.083(c), (d), (e), (f), (g), and (k), Government Code, as follows:

(c) Requires the Comptroller of Public Accounts of the State of Texas (comptroller) to operate the electronic state business daily for state agencies and other eligible entities to advertise pre-solicitation notices, solicitations, and contract awards. Deletes existing text requiring the comptroller, each business day, to produce and post a business daily in an electronic format. Deletes existing text requiring the comptroller to post in the business daily information as prescribed by Section 2155.083 about each state agency procurement that will exceed $25,000 in value. Deletes existing text requiring the comptroller to also post in the business daily other information relating to the business activity of the state that the comptroller considers to be of interest to the public.

(d) Requires the comptroller to make the electronic state business daily available on the Internet. Deletes existing text requiring each state agency to cooperate with the comptroller in making the electronic business daily available.

(e) Authorizes governmental and nongovernmental entities such as public libraries, chambers of commerce, trade associations, small business development centers, economic development departments of local governments, and state agencies to provide public access to the electronic state business daily to accommodate businesses that do not have the technical means to access the electronic state business daily, but prohibits those entities from charging a fee for providing access to the electronic state business daily under this subsection. Deletes existing text authorizing a governmental entity to recover the direct cost of providing the public access only by charging a fee for downloading procurement notices and bid or proposal solicitation packages posted in the business daily. Deletes existing text authorizing a nongovernmental entity to use information posted in the business daily in providing a service that is more than only the downloading of information from the business daily, including a service by which appropriate bidders or offerors are matched with information that is relevant to those bidders or offerors, and is authorized to charge a lawful fee that the entity considers appropriate for the service.

(f) Prohibits the comptroller and other state agencies from charging a fee designed to recover the cost of preparing and gathering the information that is published in the electronic state business daily.  

(g)  Requires a state agency to post in the electronic state business daily either the entire bid or proposal solicitation package or a notice that includes all information necessary to make a successful bid, proposal, or other applicable expression of interest for the procurement contract, including at a minimum the following information for each procurement that the state agency will make that is estimated to exceed $25,000 in value:

(1)-(5) makes no changes to these subdivisions; and

(6) the name, business mailing address, business e-mail address, and business telephone number of the state agency employee a person is authorized to contact to inquire about all necessary information related to making a bid or proposal or other applicable expression of interest for the procurement contract.

(k)� Requires each state agency that will award a procurement contract estimated to exceed $25,000 in value to post in the electronic state business daily, rather than to send to the comptroller:

(1) the information required by this section to be posted in the electronic state business daily; and

(2) makes no changes to this subdivision.

Makes a conforming change.

SECTION 3. Effective date: upon passage or September 1, 2023.