By Martin H.B. No. 1194 A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the establishment of a Council on Competitive 1-3 Government, and repealing existing provisions concerning the 1-4 competitive cost review program. 1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-6 SECTION 1. Article 13, State Purchasing and General Services 1-7 Act, (Art. 601b, Vernon's Texas Civil Statutes), is repealed. 1-8 SECTION 2. The State Purchasing and General Services Act, 1-9 (Art. 601b, Vernon's Texas Civil Statutes), is amended by adding 1-10 Article 15 to read as follows: 1-11 Article 15. Council on Competitive Government. 1-12 Section 15.01. Definitions. In this article: 1-13 (1) "Commercial activity" means an activity that provides a 1-14 product or service that is commonly available from a private 1-15 source. 1-16 (2) "Commission" has the meaning established by Section 1-17 1.02(1) of this Act. 1-18 (3) "Council" means the State Council on Competitive 1-19 Government. 1-20 (4) "Identified state service" means a service provided by 1-21 the state that the council has identified as a commercially 1-22 available service and brought under study by the council to 1-23 determine whether the service may better be provided through 2-1 competition with private commercial sources. 2-2 (5) "State agency" has the meaning established by Section 2-3 1.02(2) of this Act. 2-4 Section 15.02. State Council on Competitive 2-5 Government. The State Council on Competitive Government is 2-6 established. 2-7 Section 15.03. Membership. The council shall consist 2-8 of: 2-9 (1) the Governor; 2-10 (2) the Lieutenant Governor; 2-11 (3) the Comptroller of Public Accounts; 2-12 (4) the Speaker of the House of Representatives, in an 2-13 ex officio capacity; and 2-14 (5) the commission's presiding officer, as appointed 2-15 under Section 2.04(a) of this Act. 2-16 Section 15.04. Meetings. The council shall meet as often as 2-17 necessary to perform its duties. 2-18 Section 15.05. Duties. The council shall identify 2-19 commercially available state services, and, if the council 2-20 determines that these services may better be provided through 2-21 competition with private commercial sources, require a state agency 2-22 to engage in any process, including competitive bidding, developed 2-23 by the council to provide the service in competition with private 2-24 commercial sources. 2-25 Section 15.06. Powers. In performing its duties under this 3-1 article, the council may: 3-2 (1) adopt rules governing any aspect of the council's duties 3-3 or responsibilities; 3-4 (2) hold public hearings or conduct studies; 3-5 (3) consult with private commercial sources; 3-6 (4) require a state agency to conduct an agency in-house 3-7 cost estimate, a management study, or any other hearing, study, 3-8 review, or cost estimate concerning any aspect of an identified 3-9 state service; 3-10 (5) develop and require for use by state agencies methods to 3-11 accurately and fairly estimate and account for the cost of 3-12 providing an identified state service; 3-13 (6) require that an identified state service be submitted to 3-14 competitive bidding or other process designed to create competition 3-15 with private commercial sources; 3-16 (7) determine, in consultation with affected state agencies, 3-17 the specifications and conditions of purchase procedures that must 3-18 be followed by the commission and a state agency or a private 3-19 commercial source engaged in competitive bidding to provide an 3-20 identified state service; 3-21 (8) award a contract to a state agency currently providing 3-22 the service, a state agency other than an agency currently 3-23 providing the service, or a private commercial source; 3-24 (9) determine the terms and conditions of a contract for 3-25 service or interagency contract to provide an identified state 4-1 service or other commercially available service. 4-2 Section 15.07. Duties of Affected State Agencies. A state 4-3 agency shall perform any activities required by the council in the 4-4 performance of its duties or exercise of its powers under this 4-5 article. 4-6 Section 15.08. Assistance to Affected State Employees. (a) 4-7 The council may adopt rules or develop procedures that provide 4-8 out-placement services, guarantee a position in another state 4-9 agency, or otherwise help state employees who are displaced by a 4-10 contract awarded to a private commercial source or another state 4-11 agency. 4-12 (b) The council may provide for bid specifications 4-13 that require the bidder to guarantee the following to state 4-14 employees displaced by a contract awarded to a private commercial 4-15 source or another state agency: 4-16 (1) the right of first refusal for positions 4-17 with the private commercial source; 4-18 (2) specified working conditions; 4-19 (3) maintenance of retirement, health insurance, 4-20 sick leave, vacation, and other benefits at the level these 4-21 benefits were provided on the date the contract is awarded. 4-22 Section 15.09. Exemptions. Decisions regarding whether an 4-23 agency shall engage in competitive bidding and concerning the award 4-24 of contracts made by the council are exempt from all state laws 4-25 regulating or limiting state purchasing and purchasing decisions. 5-1 SECTION 3. This Act takes effect September 1, 1993. 5-2 SECTION 4. The importance of this legislation and the 5-3 crowded condition of the calendars in both houses create an 5-4 emergency and an imperative public necessity that the 5-5 constitutional rule requiring bills to be read on three several 5-6 days in each house be suspended, and this rule is hereby suspended.