By Martin H.B. No. 1195
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the duties and mission of the General Services
1-3 Commission; transferring the duties, assets, and appropriation of
1-4 the Texas Surplus Property Agency to the Commission; establishing a
1-5 single identification number for entities doing business with the
1-6 state; and eliminating duplication in certain procurement
1-7 activities.
1-8 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-9 SECTION 1. Section 1.02, State Purchasing and General
1-10 Services Act (Article 601b, Vernon's Texas Civil Statutes), is
1-11 amended by adding Subsection (4) to read as follows:
1-12 (4) "Administrative services" means all administrative
1-13 support services for agencies which include but are not limited to
1-14 state construction, energy management, vehicle fleet management,
1-15 purchases of goods and services, central stores, surplus property,
1-16 mail services, printing and publishing services, records
1-17 management, mailing lists, facilities management, building and
1-18 grounds maintenance, data facilities management, travel and
1-19 transportation management, personnel services, training, dispute
1-20 resolution, telecommunications, and information services.
1-21 SECTION 2. State Purchasing and General Services Act
1-22 (Article 601b, Vernon's Texas Civil Statutes), is amended by adding
1-23 section 2.11 to read as follows:
2-1 Section 2.11. ANALYSES OF ADMINISTRATIVE SERVICES. (a) The
2-2 commission shall determine where cost savings can be realized by
2-3 centralizing, modifying, or contracting out to the private sector
2-4 administrative services conducted by state agencies without
2-5 sacrificing quality or efficiency.
2-6 (b) The commission shall make recommendations to the
2-7 Legislature to promote the economical and efficient operation of
2-8 administrative services. The commission may analyze any
2-9 administrative service in order to formulate said recommendations.
2-10 (c) The commission may direct state agencies to prepare
2-11 studies on administrative services. Any agency so directed shall
2-12 conduct the study in accordance with guidelines issued by the
2-13 commission.
2-14 (d) Administrative services the commission determines can be
2-15 more economically and efficiently provided through centralizing,
2-16 modifying, or contracting out to the private sector may be offered
2-17 to political subdivisions on a fee basis. Political subdivisions
2-18 may decline the assistance.
2-19 SECTION 3. State Purchasing and General Services Act
2-20 (Article 601b, Vernon's Texas Civil Statutes), is amended by adding
2-21 section 2.081 to read as follows:
2-22 Section 2.081. ADMINISTRATIVE SERVICES ANALYSIS REPORT. The
2-23 commission shall report to the 74th Legislature findings and
2-24 recommendations prepared under section 2.11 of this article. The
2-25 report must include a plan for reducing the overall cost of
3-1 administrative services. The report must also include a plan for
3-2 establishing fees, including any gradual transition fees, that the
3-3 commission intends to charge agencies for services that are
3-4 centralized, modified, or contracted out to the private sector.
3-5 SECTION 4. The Texas Surplus Property Agency is abolished
3-6 and each of its functions is transferred to the General Services
3-7 Commission. Chapter 32, Acts of the 62nd Legislature, Regular
3-8 Session, 1971, (Article 6252-6b, Vernon's Texas Civil Statutes), as
3-9 amended, is repealed.
3-10 SECTION 5. Section 8.01(a), State Purchasing and General
3-11 Services Act, (Article 601b, Vernon's Texas Civil Statutes), is
3-12 amended to read as follows:
3-13 (a) This article applies to personal property belonging to
3-14 the state and real and personal property acquired by or otherwise
3-15 within the jurisdiction of the commission pursuant to Section 9.16
3-16 of this Act and 40 U.S.C. 483c, 484j, 484k.
3-17 SECTION 6. Sections 9.01(3) and (4), State Purchasing and
3-18 General Services Act, (Article 601b, Vernon's Texas Civil
3-19 Statutes), are amended to read as follows:
3-20 (3) "Property" means personal property. The term does not
3-21 include real property or any interest in real property except
3-22 federal real property available under Section 9.16(c) of this
3-23 article and 40 U.S.C. 484k; however, personal property affixed to
3-24 real property may be sold under this law if its removal and
3-25 disposition is to carry out a lawful objective under this law or
4-1 any other law. The term includes property lawfully confiscated and
4-2 subject to disposal by a state agency.
4-3 (4) "Surplus property" means any personal property which is
4-4 in excess of the needs of any state agency and which is not
4-5 required for its foreseeable needs. The term includes federal
4-6 surplus property acquired by or otherwise within the jurisdiction
4-7 of the commission pursuant to 40 U.S.C. 483c, 484j, and 484k.
4-8 Surplus property may be used or new but possesses some usefulness
4-9 for the purpose for which it was intended or for some other
4-10 purpose.
4-11 SECTION 7. Section 9.02, State Purchasing and General
4-12 Services Act, (Art. 601b, Vernon's Texas Civil Statutes), is
4-13 amended to read as follows:
4-14 Sec. 9.02. The commission shall establish and maintain
4-15 procedures for the transfer, sale, or disposal of surplus and
4-16 salvage property no longer needed by state or federal agencies and
4-17 for property which the state may be eligible to acquire under the
4-18 Federal Property and Administrative Services Act of 1949 as
4-19 amended, 40 U.S.C. 484(j).
4-20 SECTION 8. Section 9.03, State Purchasing and General
4-21 Services Act, (Art. 601b, Vernon's Texas Civil Statutes), is
4-22 amended to read as follows:
4-23 Sec. 9.03. Mailing lists of assistance organizations
4-24 political subdivisions. The commission shall maintain a mailing
4-25 list, renewable annually, of assistance organizations political
5-1 subdivision purchasing agents or other officers performing similar
5-2 functions who have asked for information on surplus or salvage
5-3 equipment or material the state may have available. <The
5-4 commission shall provide the list to the Texas Surplus Property
5-5 Agency.>
5-6 SECTION 9. Subsections (d), (e), and (g), Section 9.04,
5-7 State Purchasing and General Services Act, (Art. 601b, Vernon's
5-8 Texas Civil Statutes), are repealed.
5-9 SECTION 10. Article 9, State Purchasing and General Services
5-10 Act, (Art. 601b, Vernon's Texas Civil Statutes), is amended by
5-11 adding Section 9.16 and 9.17 to read as follows:
5-12 Sec. 9.16. Disposition of Federal Surplus Property. (a)
5-13 The commission is designated as the State agency for the purpose of
5-14 Section 203(j) of the Federal Property and Administrative Services
5-15 Act of 1949 as amended (hereinafter referred to as the Federal
5-16 Act), 40 U.S.C. 484(j).
5-17 (b) The commission is authorized and empowered (1) to
5-18 acquire from the United States of America such property as is
5-19 allocated to it pursuant to the Federal Act, (2) to warehouse such
5-20 property, and (3) to distribute such property to those entities and
5-21 institutions which meet the qualifications for eligibility for such
5-22 property under the Federal Act, or who may hereafter meet such
5-23 qualifications.
5-24 (c) The commission is authorized and empowered to
5-25 disseminate information and assist potential applicants concerning
6-1 availability of Federal surplus real property, to otherwise assist
6-2 in the processing of such applications for acquisition of real and
6-3 related personal property of the United States under Section 203(k)
6-4 of the Act, (40 U.S.C. 484(k)), and subsequently to assist in
6-5 assuring utilization of the property.
6-6 (d) The commission is authorized to engage in activities
6-7 relative to Federal excess property in connection with the use of
6-8 such property by other state agencies, institutions, or
6-9 organizations engaging in or receiving assistance under Federal
6-10 programs.
6-11 (e) The commission may prescribe such rules and regulations
6-12 as may be needed for the efficient operation of its activities or
6-13 as may be required by Federal laws and regulations.
6-14 (f) The commission may make the necessary certifications and
6-15 undertake necessary action, including investigations, make
6-16 expenditures and reports which may be required by Federal law or
6-17 regulations or which are otherwise necessary to provide for the
6-18 proper and efficient management of the commission's functions under
6-19 this section, and provide such information and reports pertinent to
6-20 the commission's activities as the State agency for the purpose of
6-21 the Federal act (40 U.S.C. 484(j)), as may be required by Federal
6-22 agencies and departments.
6-23 (g) The commission may enter into contracts, and other
6-24 agreements for and on behalf of the State including the cooperative
6-25 agreements within the purview of Section 203(n) of the Federal Act
7-1 (40 U.S.C. 484(n)) with Federal agencies, as well as agreements
7-2 with other state agencies for surplus property or groups and
7-3 associations thereof which will in any way promote the
7-4 administration of the commission's functions.
7-5 (h) The commission may, subject to the limitations contained
7-6 in Section 9.16, subsection (l) below, acquire and hold title to
7-7 real property, make capital improvements thereto, and make advance
7-8 payments of rent for distribution centers, office space, or other
7-9 facilities required to carry out the commission's functions under
7-10 this section.
7-11 (i) The commission is authorized to appoint advisory boards
7-12 or committees, and subject to the limitations below, to employ such
7-13 other personnel and to fix their compensation and prescribe their
7-14 duties, as deemed necessary and suitable for the administration of
7-15 this section. The positions of all personnel so employed shall be
7-16 filled by persons selected and appointed on a nonpartisan merit
7-17 basis.
7-18 (j) The commission is authorized to act as a clearinghouse
7-19 of information for the entities and institutions which may be
7-20 eligible to acquire Federal surplus property, and to assist, as
7-21 necessary, such entities and institutions in obtaining such
7-22 property.
7-23 (k) The commission in the administration of this section,
7-24 shall cooperate with Federal entities to the fullest extent
7-25 consistent with the provisions of this section, and shall file a
8-1 State plan of operation in compliance with Federal law, operate in
8-2 accordance with Federal law, and take such action as may be
8-3 necessary to meet the minimum standards for State agencies
8-4 prescribed in accordance with the Federal Act.
8-5 (l) The commission may assess a service and handling charge
8-6 or fee for the acquisition, warehousing, distribution, or transfer
8-7 by the commission and, in the case of real property, such charges
8-8 and fees shall be limited to the reasonable administrative costs of
8-9 the commission incurred in effecting transfer. Receipts from such
8-10 charges or fees are authorized to be available as needed for the
8-11 operation of the commission.
8-12 (m) A special account in the General Revenue Fund, to be
8-13 known as the Surplus Property Service Charge Account, is
8-14 established. All charges and fees paid under this section shall be
8-15 deposited in the Surplus Property Service Charge Account. Money in
8-16 the account may be used only for the purposes of carrying out the
8-17 functions of the commission under this section. Income earned from
8-18 money in the account shall be deposited in the account.
8-19 Section 9.17. The commission shall conduct a study to
8-20 determine whether its functions under this Article may be made self
8-21 supporting by charging fees for its services. If the commission
8-22 determines that the function may be made self supporting through
8-23 this process, the commission shall prepare a plan for implementing
8-24 the recovery of fees. On or before January 1, 1995, the commission
8-25 shall report to each member of the Legislature the results of its
9-1 study and the plan for implementing the recovery of fees, if any.
9-2 This subsection expires January 2, 1995.
9-3 SECTION 11. (a) The General Services Commission and the
9-4 Texas Surplus Property Agency shall coordinate the transfer of the
9-5 functions of the Texas Surplus Property Agency to the General
9-6 Services Commission. The administrative functions of the Texas
9-7 Surplus Property Agency shall be transferred to the General
9-8 Services Commission's Austin, Texas location.
9-9 (b) The transfer from the Texas Surplus Property Agency to
9-10 the General Services Commission shall be accomplished as soon as
9-11 practicable, but not later than the 45th day after the effective
9-12 date of this Act.
9-13 (c) The transfer required by Subsection (a) of this section
9-14 includes all assets, obligations, and liabilities of any kind,
9-15 including all contracts, leases, real or personal property,
9-16 furniture, computers, and other equipment, files and related
9-17 materials used by the Texas Surplus Property Agency.
9-18 (d) All forms, rules, and procedures adopted by the Texas
9-19 Surplus Property Agency and in effect on the effective date of this
9-20 Act remain in effect on or after that date as if adopted by the
9-21 General Services Commission until amended, repealed, withdrawn or
9-22 otherwise superseded by the commission.
9-23 (e) All appropriations made to the Texas Surplus Property
9-24 Agency are transferred to the General Services Commission.
9-25 SECTION 12. Section 403.271(a), Government Code, is amended
10-1 to read as follows:
10-2 (a) This subchapter applies to all personal property
10-3 belonging to the state and real and personal property acquired by
10-4 or otherwise within the jurisdiction of the state pursuant to 40
10-5 U.S.C. 483c, 484j, and 484k and Section 9.16 of the State
10-6 Purchasing and General Services Act (Article 601b, Vernon's Texas
10-7 Civil Statutes).
10-8 SECTION 13. Chapter 403, Government Code, is amended by
10-9 adding Section 403.039, to read as follows:
10-10 Section 403.039. State Universal Entity Identification
10-11 Numbering System
10-12 (a) The comptroller shall assign a universal entity number
10-13 to all taxpayers, vendors, individuals, businesses, organizations
10-14 or other entities regulated by it or other state agencies. The
10-15 number shall be called a Texas Identification Number (TIN). It
10-16 shall be based on the comptroller's taxpayer identification number.
10-17 (b) The Texas Identification Number shall be used by each
10-18 state agency and department as the primary identification number
10-19 for its clients. However, other, secondary numbers may be assigned
10-20 as long as they do not unnecessarily create duplication of data
10-21 bases, efforts and costs.
10-22 (c) All state agencies and departments shall cooperate with
10-23 the comptroller to convert existing client identification systems
10-24 to the Texas Identification Number System. The comptroller shall
10-25 have authority to establish and evaluate compliance with rules and
11-1 regulations governing the conversion to and the administration of
11-2 the Texas Identification Number System. This shall include but,
11-3 not be limited to, the procedures for applying for a number under
11-4 the System.
11-5 (d) The Texas Identification Number System shall be
11-6 implemented as soon as practicable. However, if necessary, state
11-7 agencies and departments may phase in its use over a period not
11-8 longer than five years, beginning September 1, 1993.
11-9 SECTION 14. Section 481.105, Government Code, is repealed.
11-10 SECTION 15. This Act takes effect September 1, 1993.
11-11 SECTION 16. The importance of this legislation and the
11-12 crowded condition of the calendars in both houses create an
11-13 emergency and an imperative public necessity that the
11-14 constitutional rule requiring bills to be read on three several
11-15 days in each house be suspended, and this rule is hereby suspended.