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AN ACT
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relating to the administration of the electronic state business |
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daily. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Section 2155.083, Government |
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Code, is amended to read as follows: |
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Sec. 2155.083. ELECTRONIC STATE BUSINESS DAILY; NOTICE |
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REGARDING PROCUREMENTS EXCEEDING $25,000. |
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SECTION 2. Sections 2155.083(c), (d), (e), (f), (g), and |
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(k), Government Code, are amended to read as follows: |
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(c) The comptroller [each business day] shall operate the |
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electronic state [produce and post a] business daily for state |
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agencies and other eligible entities to advertise pre-solicitation |
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notices, solicitations, and contract awards [in an electronic |
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format. The comptroller shall post in the business daily |
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information as prescribed by this section about each state agency |
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procurement that will exceed $25,000 in value. The comptroller |
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shall also post in the business daily other information relating to |
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the business activity of the state that the comptroller considers |
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to be of interest to the public]. |
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(d) The comptroller shall make the electronic state |
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business daily available on the Internet. [Each state agency shall |
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cooperate with the comptroller in making the electronic business |
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daily available.] |
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(e) To accommodate businesses that do not have the technical |
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means to access the electronic state business daily, governmental |
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and nongovernmental entities such as public libraries, chambers of |
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commerce, trade associations, small business development centers, |
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economic development departments of local governments, and state |
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agencies may provide public access to the electronic state business |
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daily but may not charge a fee for providing access to the |
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electronic state business daily under this subsection. [A |
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governmental entity may recover the direct cost of providing the |
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public access only by charging a fee for downloading procurement |
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notices and bid or proposal solicitation packages posted in the |
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business daily. A nongovernmental entity may use information |
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posted in the business daily in providing a service that is more |
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than only the downloading of information from the business daily, |
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including a service by which appropriate bidders or offerors are |
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matched with information that is relevant to those bidders or |
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offerors, and may charge a lawful fee that the entity considers |
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appropriate for the service.] |
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(f) The comptroller and other state agencies may not charge |
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a fee designed to recover the cost of preparing and gathering the |
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information that is published in the electronic state business |
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daily. These costs are considered part of a procuring agency's |
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responsibility to publicly inform potential bidders or offerors of |
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its procurement opportunities. |
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(g) A state agency shall post in the electronic state |
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business daily either the entire bid or proposal solicitation |
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package or a notice that includes all information necessary to make |
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a successful bid, proposal, or other applicable expression of |
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interest for the procurement contract, including at a minimum the |
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following information for each procurement that the state agency |
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will make that is estimated to exceed $25,000 in value: |
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(1) a brief description of the goods or services to be |
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procured and any applicable state product or service codes for the |
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goods and services; |
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(2) the last date on which bids, proposals, or other |
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applicable expressions of interest will be accepted; |
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(3) the estimated quantity of goods or services to be |
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procured; |
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(4) if applicable, the previous price paid by the |
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state agency for the same or similar goods or services; |
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(5) the estimated date on which the goods or services |
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to be procured will be needed; and |
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(6) the name, business mailing address, business |
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e-mail address, and business telephone number of the state agency |
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employee a person may contact to inquire about all necessary |
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information related to making a bid or proposal or other applicable |
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expression of interest for the procurement contract. |
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(k) Each state agency that will award a procurement contract |
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estimated to exceed $25,000 in value shall post in the electronic |
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state business daily [send to the comptroller]: |
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(1) the information required by this section to be |
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posted [the comptroller requires for posting] in the electronic |
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state business daily [under this section]; and |
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(2) a notice when the procurement contract has been |
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awarded or when the state agency has decided to not make the |
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procurement. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2023. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 4012 was passed by the House on May 6, |
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2023, by the following vote: Yeas 127, Nays 7, 2 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 4012 was passed by the Senate on May |
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21, 2023, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: _____________________ |
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Date |
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_____________________ |
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Governor |