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1-7 Act, (Art. 601b, Vernon's Texas Civil Statutes), is repealed.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.