|
House Bill 3560 |
House Author: Swinford |
|
Effective: 9-1-07 |
Senate Sponsor: Janek et al. |
House Bill 3560 amends the Government Code and other law to transfer to the comptroller the duties of the Texas Building and Procurement Commission that do not primarily concern state facilities and to rename the commission the Texas Facilities Commission (TFC). The Sunset Advisory Commission (SAC) is required to evaluate the transfer and report its evaluation to the 82nd Legislature. Unless the transfer is made permanent by subsequent law, the duties transferred revert to the Texas Facilities Commission on September 1, 2011. The SAC also is required to study certain topics relating to the functions of the TFC and report to the 81st Legislature.
The bill establishes that purchasing transactions, processes, and the performance of related functions are subject to audit by the state auditor. With respect to both the comptroller and the TFC, the Texas Ethics Commission is required to implement and enforce provisions prohibiting conflicts of interest, and the bill establishes a procedure to be used by the comptroller in awarding certain contracts. The bill creates the Statewide Procurement Advisory Council to advise the chief clerk of the comptroller in awarding contracts, and it provides that the comptroller must adopt rules describing the purpose and tasks of the council. Rulemaking authority is delegated to both the comptroller and the TFC to administer certain functions.
House Bill 3560 also requires certain local governments and nonprofit organizations to make available to the public an online searchable database containing information about historically underutilized businesses (HUBs), and it expands the list of actions that a state agency must take to demonstrate an effort to hire HUBs to include the requirement that the agency establish goals for contracting with HUBs. The hiring goals must be included in the agency's legislative appropriations request, along with certain information regarding its success in achieving the goals. The bill prohibits a political subdivision that owns and operates a waste collection, transportation, treatment, or disposal system and certain nonprofit, county, or municipal airports from entering into a contingent fee contract for legal services without review and approval by the comptroller. It requires that all state agencies making purchases give preference to goods produced or offered by a Texas bidder that is owned by a service-disabled veteran who is a Texas resident, and it authorizes state agencies making purchases of food for consumption in a public cafeteria to give preference to contractors who provide foods of higher nutritional value.