By Black H.B. No. 2626
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the continuation and operation of the General Services
1-3 Commission and to the management and governance of state services
1-4 and property.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Section 1.02(3), State Purchasing and General
1-7 Services Act (Article 601b, Vernon's Texas Civil Statutes), is
1-8 amended to read as follows:
1-9 (3) "Historically underutilized <Disadvantaged>
1-10 business" means:
1-11 (A) a corporation formed for the purpose of
1-12 making a profit in which at least 51 percent of all classes of the
1-13 shares of stock or other equitable securities are owned by one or
1-14 more persons who are socially disadvantaged because of their
1-15 identification as members of certain groups, including black
1-16 Americans, Hispanic Americans, women, Asian Pacific Americans, and
1-17 Native Americans, who have suffered the effects of discriminatory
1-18 practices or similar insidious circumstances over which they have
1-19 no control;
1-20 (B) a sole proprietorship created for the
1-21 purpose of making a profit that is 100 percent owned, operated, and
1-22 controlled by a person described by Paragraph (A) of this
1-23 subdivision;
1-24 (C) a partnership formed for the purpose of
2-1 making a profit in which at least 51 percent of the assets and
2-2 interest in the partnership is owned by one or more persons
2-3 described by Paragraph (A) of this subdivision. Those persons must
2-4 have a proportionate interest in the control, operation, and
2-5 management of the partnership affairs;
2-6 (D) a joint venture in which each entity in the
2-7 joint venture is a historically underutilized <disadvantaged>
2-8 business under this subdivision; or
2-9 (E) a supplier contract between a historically
2-10 underutilized <disadvantaged> business under this subdivision and a
2-11 prime contractor under which the historically underutilized
2-12 <disadvantaged> business is directly involved in the manufacture or
2-13 distribution of the supplies or materials or otherwise warehouses
2-14 and ships the supplies.
2-15 SECTION 2. Section 1.03, State Purchasing and General
2-16 Services Act (Article 601b, Vernon's Texas Civil Statutes), is
2-17 amended to read as follows:
2-18 Sec. 1.03. Historically underutilized <Disadvantaged>
2-19 businesses. (a) The commission <Office of Small Business
2-20 Assistance of the Texas Department of Commerce> shall certify
2-21 businesses that are historically underutilized <disadvantaged>
2-22 businesses. As part of its certification procedures, the
2-23 commission <office> may approve a municipal program that certifies
2-24 historically underutilized <disadvantaged> businesses under
2-25 substantially the same definition prescribed by Section 1.02(3) of
2-26 this Act and may certify businesses certified by the municipality
2-27 as historically underutilized <disadvantaged> businesses under this
3-1 Act.
3-2 (b) The commission <office> shall compile a directory of
3-3 businesses certified as historically underutilized <disadvantaged>
3-4 businesses under Subsection (a) of this section. The commission
3-5 <office> shall update the directory at least semiannually and
3-6 provide a copy of the directory to <the commission and> each state
3-7 agency semiannually. The commission shall provide access to the
3-8 directory either electronically or in another format, depending on
3-9 the needs of each state agency. On request, the commission shall
3-10 make the directory available to local governments and the public.
3-11 The commission and state agencies shall use the directory in
3-12 determining awards of state purchasing and public works contracts.
3-13 (c) The commission shall annually prepare a report based on
3-14 a compilation and analysis of <commission and each state agency
3-15 shall report to the office> the total number and dollar amount of
3-16 contracts awarded to historically underutilized <disadvantaged>
3-17 businesses. The commission shall submit the report <These reports
3-18 shall be made each January and July and shall report on the
3-19 previous six-month period. The office shall compile and analyze
3-20 the reports and submit a report based on the analysis> to the
3-21 presiding officer of each house of the legislature each February.
3-22 The commission may require information from a state agency and may
3-23 adopt rules to administer this subsection. The comptroller shall
3-24 provide information to the commission that will assist the
3-25 commission in the performance of its duties under this subsection.
3-26 (d) The commission shall offer assistance and training to
3-27 historically underutilized <disadvantaged> businesses regarding
4-1 state procurement procedures. The commission shall advise
4-2 historically underutilized <disadvantaged> businesses of the
4-3 availability of state contracts and advise historically
4-4 underutilized <disadvantaged> businesses to enter the businesses'
4-5 names on the state's bid list.
4-6 SECTION 3. Section 1.04(a), State Purchasing and General
4-7 Services Act (Article 601b, Vernon's Texas Civil Statutes), is
4-8 amended to read as follows:
4-9 (a) A person commits an offense if the person intentionally
4-10 applies as a historically underutilized <disadvantaged> business
4-11 for an award of a purchasing contract or public works contract
4-12 under this Act and the person knowingly does not meet the
4-13 definition of a historically underutilized <disadvantaged> business
4-14 under Section 1.02(3) of this Act.
4-15 SECTION 4. Section 2.02, State Purchasing and General
4-16 Services Act (Article 601b, Vernon's Texas Civil Statutes), is
4-17 amended to read as follows:
4-18 Sec. 2.02. Membership. The commission is composed of six
4-19 members appointed by the governor with the advice and consent of
4-20 the senate. All members must be representatives of the general
4-21 public. Appointments to the commission shall be made without
4-22 regard to the race, color, disability <handicap>, sex, religion,
4-23 age, or national origin of the appointees. In making appointments
4-24 under this section, the governor shall attempt to appoint members
4-25 of different minority groups, including females, African-Americans,
4-26 Hispanic-Americans, Native Americans, and Asian-Americans. A
4-27 person is not eligible for appointment if the person or the
5-1 person's spouse:
5-2 (1) is employed by or participates in the management
5-3 of a business entity or other organization that contracts with the
5-4 commission;
5-5 (2) owns or controls, directly or indirectly, more
5-6 than a 10 percent interest in a business entity or other
5-7 organization that contracts with the state; or
5-8 (3) uses or receives a substantial amount of tangible
5-9 goods, services, or funds from the commission, other than
5-10 compensation or reimbursement authorized by law for commission
5-11 membership, attendance, or expenses.
5-12 SECTION 5. Section 2.06(i), State Purchasing and General
5-13 Services Act (Article 601b, Vernon's Texas Civil Statutes), is
5-14 amended to read as follows:
5-15 (i) The executive director or the executive director's
5-16 designee shall prepare and maintain a written policy statement to
5-17 assure implementation of a program of equal employment opportunity
5-18 under which all personnel transactions are made without regard to
5-19 race, color, disability <handicap>, sex, religion, age, or national
5-20 origin. The policy statement must include:
5-21 (1) personnel policies, including policies relating to
5-22 recruitment, evaluation, selection, appointment, training, and
5-23 promotion of personnel, that are in compliance with requirements of
5-24 the Commission on Human Rights Act (Article 5221k, Vernon's Texas
5-25 Civil Statutes) and its subsequent amendments;
5-26 (2) a comprehensive analysis of the commission work
5-27 force that meets federal and state guidelines;
6-1 (3) procedures by which a determination can be made of
6-2 significant underutilization in the commission work force of all
6-3 persons for whom federal or state guidelines encourage a more
6-4 equitable balance; and
6-5 (4) reasonable methods to address appropriately those
6-6 areas of significant underutilization.
6-7 SECTION 6. Section 2.06(j), State Purchasing and General
6-8 Services Act (Article 601b, Vernon's Texas Civil Statutes), is
6-9 amended to read as follows:
6-10 (j) A policy statement prepared under Subsection (i) of this
6-11 section must cover an annual period, be updated at least annually,
6-12 be reviewed annually by the Commission on Human Rights for
6-13 compliance with Subsection (i)(1) of this section, and be filed
6-14 with the governor's office.
6-15 SECTION 7. Section 2.07, State Purchasing and General
6-16 Services Act (Article 601b, Vernon's Texas Civil Statutes), is
6-17 amended to read as follows:
6-18 Sec. 2.07. Application of Sunset Act. The commission is
6-19 subject to Chapter 325, Government Code (Texas Sunset Act). Unless
6-20 continued in existence as provided by that chapter, the commission
6-21 is abolished and this Act expires September 1, 2001 <1993>.
6-22 SECTION 8. Section 2.10(c), State Purchasing and General
6-23 Services Act (Article 601b, Vernon's Texas Civil Statutes), is
6-24 amended to read as follows:
6-25 (c) The commission shall prepare and maintain a written plan
6-26 that describes how a person who does not speak English <or who has
6-27 a physical, mental, or developmental disability> can be provided
7-1 reasonable access to the commission's programs. The commission
7-2 shall also comply with federal and state laws for program and
7-3 facility accessibility.
7-4 SECTION 9. Article 3, State Purchasing and General Services
7-5 Act (Article 601b, Vernon's Texas Civil Statutes), is amended by
7-6 adding Section 3.0221 to read as follows:
7-7 Sec. 3.0221. COMPETITIVE SEALED PROPOSALS; ACQUISITION OF
7-8 CERTAIN SUPPLIES, MATERIALS, EQUIPMENT, AND ROUTINE SERVICES. (a)
7-9 The commission may follow a procedure using competitive sealed
7-10 proposals to acquire:
7-11 (1) supplies, materials, or equipment if the cost of
7-12 acquisition is $1 million or more;
7-13 (2) routine services if the cost of acquisition is
7-14 $100,000 or more;
7-15 (3) prototype medical equipment not yet commonly
7-16 available on the market, without regard to its cost;
7-17 (4) medical equipment so new to the market that its
7-18 benefits are not fully known, without regard to its cost; or
7-19 (5) major medical equipment, without regard to its
7-20 cost, that is so technically complex or that has variable
7-21 operations to such a degree that acquisition under competitive
7-22 bidding is not feasible.
7-23 (b) Except as provided by Subsections (l) and (o) of this
7-24 section:
7-25 (1) only the commission may acquire goods or services
7-26 using competitive sealed proposals under this section; and
7-27 (2) the commission may not delegate authority under
8-1 this section to a state agency.
8-2 (c) To acquire goods or services using competitive sealed
8-3 proposals under this section, the commission must first determine
8-4 in an open meeting that competitive sealed bidding or informal
8-5 competitive bidding is not practical or is disadvantageous to the
8-6 state.
8-7 (d) The commission shall solicit proposals by a request for
8-8 proposals. The commission shall give public notice of a request
8-9 for proposals in the manner provided for requests for bids under
8-10 Section 3.12 of this article.
8-11 (e) The commission shall consult with appropriate personnel
8-12 of a requisitioning agency to develop specifications for a request
8-13 for competitive sealed proposals under this section.
8-14 (f) The commission shall open each proposal in a manner that
8-15 does not disclose the contents of the proposal during the process
8-16 of negotiating with competing offerors. The commission shall file
8-17 each proposal in a register of proposals, which shall be open for
8-18 public inspection after a contract is awarded unless the register
8-19 contains information that is excepted from disclosure as an open
8-20 record under Section 3, Chapter 424, Acts of the 63rd Legislature,
8-21 Regular Session, 1973 (Article 6252-17a, Vernon's Texas Civil
8-22 Statutes), and its subsequent amendments.
8-23 (g) As provided in a request for proposals and under rules
8-24 adopted by the commission, the commission may discuss acceptable or
8-25 potentially acceptable proposals with offerors to assess an
8-26 offeror's ability to meet the solicitation requirements. After the
8-27 submission of a proposal but before making an award, the commission
9-1 may permit the offeror to revise the proposal in order to obtain
9-2 the best final offer. The commission may not disclose any
9-3 information derived from proposals submitted from competing
9-4 offerors in conducting discussions under this subsection. The
9-5 commission shall provide each offeror with an equal opportunity for
9-6 discussion and revision of proposals.
9-7 (h) The commission shall invite a requisitioning agency to
9-8 participate in discussions conducted under Subsection (g) of this
9-9 section.
9-10 (i) The commission shall make a written award of a contract
9-11 to the offeror whose proposal is the most advantageous to the
9-12 state, considering price and the evaluation factors in the request
9-13 for proposals, except that if the commission finds that none of the
9-14 offers is acceptable, it shall refuse all offers. The contract
9-15 file must state in writing the basis on which the award is made.
9-16 (j) The commission may adopt rules and request assistance
9-17 from other state agencies to perform its responsibilities under
9-18 this section.
9-19 (k) This section does not affect Section 3.022 of this
9-20 article regarding the use of competitive sealed proposals for
9-21 acquiring goods or services related to telecommunications or
9-22 automated information technology.
9-23 (l) The commission may delegate to an institution or other
9-24 agency of higher education the authority to acquire under this
9-25 section through the use of a competitive sealed proposal procedure
9-26 the items described by Subsection (a) of this section.
9-27 (m) An institution or other agency of higher education to
10-1 which the commission delegates authority under Subsection (l) of
10-2 this section shall:
10-3 (1) follow commission rules and the procedures
10-4 provided by this section regarding the use of competitive sealed
10-5 proposals;
10-6 (2) before soliciting a request for proposals under
10-7 this section, submit to the commission a written finding that
10-8 competitive sealed bidding or informal competitive bidding is not
10-9 practical or is disadvantageous to the state for the proposed
10-10 acquisition;
10-11 (3) before awarding a contract under this section,
10-12 submit to the commission written notice and a copy of the proposed
10-13 award; and
10-14 (4) consult with a commission representative in
10-15 developing specifications for a request for competitive sealed
10-16 proposals under this section and in evaluating received proposals.
10-17 (n) The commission may:
10-18 (1) revoke a delegation under Subsection (l) of this
10-19 section; or
10-20 (2) prohibit a particular acquisition or award by an
10-21 institution or other agency of higher education under this section.
10-22 (o) Subsection (b)(1) of this section does not apply to an
10-23 acquisition of supplies, materials, equipment, or services that is
10-24 not subject to the requirement that it be made by the commission
10-25 under Section 3.01 of this article.
10-26 (p) In this section, "institution or other agency of higher
10-27 education" means an institution of higher education or other agency
11-1 of higher education as those terms are defined by Section 61.003,
11-2 Education Code, and its subsequent amendments.
11-3 SECTION 10. Section 3.04, State Purchasing and General
11-4 Services Act (Article 601b, Vernon's Texas Civil Statutes), is
11-5 amended to read as follows:
11-6 Sec. 3.04. MENTAL HEALTH AND MENTAL RETARDATION COMMUNITY
11-7 CENTERS; ASSISTANCE ORGANIZATIONS. Community centers for mental
11-8 health and mental retardation services that receive <are receiving>
11-9 state grants-in-aid under the provisions of Article 4 of the Texas
11-10 Mental Health and Mental Retardation Act and assistance
11-11 organizations as defined by Section 9.01 of this Act that receive
11-12 any state funds may purchase goods and services <drugs and
11-13 medicines> through the commission.
11-14 SECTION 11. Section 3.07(b), State Purchasing and General
11-15 Services Act (Article 601b, Vernon's Texas Civil Statutes), is
11-16 amended to read as follows:
11-17 (b) Each emergency purchase made under this section is
11-18 subject to the historically underutilized <disadvantaged> business
11-19 provisions of Section 3.10 of this article.
11-20 SECTION 12. Section 3.10(b), State Purchasing and General
11-21 Services Act (Article 601b, Vernon's Texas Civil Statutes), is
11-22 amended to read as follows:
11-23 (b) The commission shall make a good faith effort to assist
11-24 historically underutilized <disadvantaged> businesses to receive at
11-25 least 10 percent of the total value of all contract awards for the
11-26 purchase of supplies, materials, services, and equipment that the
11-27 commission expects to make for a state agency in its fiscal year.
12-1 The commission shall estimate the expected total value of an
12-2 agency's contract awards not later than the 60th day of the
12-3 agency's fiscal year and may revise the estimate as new information
12-4 requires.
12-5 SECTION 13. Section 3.101, State Purchasing and General
12-6 Services Act (Article 601b, Vernon's Texas Civil Statutes), is
12-7 amended to read as follows:
12-8 Sec. 3.101. Centralized Master Bidders List <lists>.
12-9 (a) This section:
12-10 (1) applies to all purchases or other acquisitions
12-11 under this article, including the acquisition of services, for
12-12 which competitive bidding or competitive sealed proposals are
12-13 required;
12-14 (2) applies to each <all> state agency <agencies> that
12-15 makes <make> purchases or other acquisitions under this article,
12-16 including the commission and agencies that make purchases or other
12-17 acquisitions under Section 3.06 of this article; and
12-18 (3) does not apply to purchases or other acquisitions
12-19 made by the commission under Section 3.11 of this article.
12-20 (b) The commission shall develop a uniform registration form
12-21 for application to do business with the commission or with any
12-22 state agency. The commission and each state agency shall make the
12-23 form available to applicants. The form shall include an
12-24 application for:
12-25 (1) certification as a historically underutilized
12-26 business;
12-27 (2) a payee identification number for use by the
13-1 comptroller; and
13-2 (3) placement on the commission's master bidders list.
13-3 (c) A state agency shall submit to the commission each
13-4 uniform registration form that it receives. The commission shall
13-5 send to the comptroller a copy of each uniform registration form.
13-6 (d) The commission <The registration forms shall constitute
13-7 a valid application for a bidders list by all state agencies.
13-8 Nothing in this subsection shall be construed as preventing any
13-9 state agency from developing and using its own registration form,
13-10 but such forms shall not be required in addition to or in lieu of
13-11 the uniform registration form developed by the commission.>
13-12 <(c) Each state agency> shall maintain a master bidders list
13-13 and annually register on the list the name and address of each
13-14 vendor that applies for registration in accordance with rules
13-15 adopted under this section. The commission <An agency> may include
13-16 other relevant vendor information on the list. Each state agency
13-17 shall solicit bids or proposals from all eligible vendors on the
13-18 list that serve the agency's geographic region, as provided by this
13-19 section, when the agency proposes to make a purchase or other
13-20 acquisition that will cost more than $15,000 <$5,000>. The
13-21 commission shall maintain the master bidders list in a manner that
13-22 facilitates a state agency's solicitation of vendors that serve the
13-23 agency's geographic area.
13-24 (e) The commission shall make the master bidders list
13-25 available to each state agency that makes purchases or other
13-26 acquisitions to which this section applies. The commission shall
13-27 provide access to the list either electronically or in another
14-1 format, depending on the needs of each state agency.
14-2 (f) The commission <(d) A state agency> may charge
14-3 applicants for registration a fee and may charge registrants an
14-4 annual renewal fee in an amount designed to recover the
14-5 commission's <agency's> costs in developing and maintaining the
14-6 master <its> bidders list and in soliciting bids or proposals under
14-7 this section. The commission <An agency> shall set the amount of
14-8 the fees by rule.
14-9 (g) The commission <(e) Each state agency> shall adopt
14-10 procedures for developing and maintaining the master <its> bidders
14-11 list and procedures for removing inactive vendors from the list.
14-12 (h) The commission <(f) Each state agency> shall establish
14-13 by rule a vendor classification process under which only vendors
14-14 that may be able to make a bid or proposal on a particular purchase
14-15 or other acquisition are solicited under this section.
14-16 (i) A state agency may maintain and use its own bidders list
14-17 only if the commission determines by rule that the agency has
14-18 specialized needs that can best be met through maintaining and
14-19 using its own specialized bidders list. The commission by rule may
14-20 prescribe the categories of purchases or other acquisitions for
14-21 which an agency's specialized bidders list may be used.
14-22 (j) <(g)> The commission may establish by rule a process
14-23 under which the requirement for soliciting bids or proposals from
14-24 eligible vendors on a <the> bidders list may be waived for
14-25 appropriate state agencies or appropriate purchases or other
14-26 acquisitions in circumstances in which the requirement is not
14-27 warranted. The commission also may assist state agencies regarding
15-1 issues that arise under this section.
15-2 SECTION 14. Article 3, State Purchasing and General Services
15-3 Act (Article 601b, Vernon's Texas Civil Statutes), is amended by
15-4 adding Section 3.081 to read as follows:
15-5 Sec. 3.081. CATALOGUE PURCHASE PROCEDURE. (a) A vendor who
15-6 wants to sell or lease automated information systems under this
15-7 section to state agencies covered by the Information Resources
15-8 Management Act (Article 4413(32j), Revised Statutes) shall apply to
15-9 the commission for designation as a "qualified information systems
15-10 vendor" according to an application process promulgated by the
15-11 commission. At a minimum, the application process shall include
15-12 submission of the following elements:
15-13 (1) a catalogue containing all products and services
15-14 eligible for purchase by state agencies, including descriptions of
15-15 each product or service, the list price of each product or service,
15-16 and the price to Texas state agencies of each product or service;
15-17 (2) a maintenance, repair, and support plan for all
15-18 eligible products and services;
15-19 (3) proof of the applicant's financial resources and
15-20 ability to perform; and
15-21 (4) a guarantee that the vendor will make available
15-22 equivalent replacement parts for products sold to Texas for at
15-23 least three years from the date of a product's discontinuation.
15-24 (b) Within 90 days of the effective date of this Act the
15-25 commission shall establish standards and criteria for designating
15-26 qualified information systems vendors on a regional and statewide
15-27 basis. A vendor remains qualified until the commission determines
16-1 the vendor fails to meet the criteria set forth in this section.
16-2 Vendors granted regional status may sell catalogue-listed products
16-3 and services directly to state agencies covered by the Information
16-4 Resources Management Act (Article 4413(32j), Revised Statutes)
16-5 within a region defined by the commission. Vendors granted
16-6 statewide status may sell catalogue-listed products and services
16-7 directly to any state agency covered by the Information Resources
16-8 Management Act (Article 4413(32j), Revised Statutes). The
16-9 commission's standards and criteria shall be developed in
16-10 accordance with the following parameters:
16-11 (1) the ability of the vendor to provide adequate and
16-12 reliable support and maintenance;
16-13 (2) the vendor's ability to provide adequate and
16-14 reliable support and maintenance in the future;
16-15 (3) the technical adequacy and reliability of the
16-16 vendor's products; and
16-17 (4) consistency with standards adopted by the
16-18 Department of Information Resources or a subsequent entity.
16-19 (c) If a vendor is designated by the commission as a
16-20 qualified information systems vendor, the vendor shall publish and
16-21 maintain a catalogue containing all products and services eligible
16-22 for purchase by state agencies, including descriptions of each
16-23 product or service, the list price of each product or service, and
16-24 the price to Texas state agencies of each product or service. The
16-25 vendor shall update the catalogue on an as needed basis to reflect
16-26 changes in price or the availability of products or services and
16-27 shall forward a copy of each updated catalogue to the commission
17-1 and all eligible purchasers.
17-2 (d) A state agency covered by the Information Resources
17-3 Management Act (Article 4413(32j), Revised Statutes) may purchase
17-4 or lease automated information systems directly from a qualified
17-5 information systems vendor and may negotiate additional terms and
17-6 conditions to be included in contracts relating to the purchase or
17-7 lease, provided the purchase or lease is based on the best value
17-8 available and is in the state's best interest. In determining
17-9 which products or services are in the state's best interest, the
17-10 agency shall consider the following factors:
17-11 (1) installation costs and hardware costs;
17-12 (2) the overall life cycle cost of the system or
17-13 equipment;
17-14 (3) estimated cost of employee training and estimated
17-15 increase in employee productivity;
17-16 (4) estimated software and maintenance costs; and
17-17 (5) compliance with applicable statewide standards
17-18 adopted by the Department of Information Resources or a subsequent
17-19 entity as validated by criteria established by the department or a
17-20 subsequent entity in administrative rule.
17-21 (e) The commission shall establish rules and regulations and
17-22 implement the catalogue purchase procedure set forth in this
17-23 section no later than January 1, 1994.
17-24 (f) Purchases of automated information systems shall be made
17-25 through the catalogue procedure enumerated in this section unless
17-26 the commission determines that the best value available accrues
17-27 from an alternative purchase method authorized by this Act.
18-1 SECTION 15. Section 1.02, State Purchasing and General
18-2 Services Act (Article 601b, Vernon's Texas Civil Statutes), is
18-3 amended by adding Subdivisions (4), (5), and (6) to read as
18-4 follows:
18-5 (4) "Automated information systems" means any
18-6 automated information systems, the computers on which they are
18-7 automated, or a service related to the automation of information
18-8 systems or the computers on which they are automated, including
18-9 computer software, awarded to a vendor by a state agency covered by
18-10 the Information Resources Management Act (Article 4413(32j),
18-11 Revised Statutes), or any telecommunications apparatus or device
18-12 that serves as a component of a voice, data, or video
18-13 communications network for the purpose of transmitting, switching,
18-14 routing, multiplexing, modulating, amplifying, or receiving signals
18-15 on that network.
18-16 (5) "Best value" means lowest overall cost of
18-17 information systems based on the following factors including, but
18-18 not limited to:
18-19 (A) purchase price;
18-20 (B) compatibility to facilitate exchange of
18-21 existing data;
18-22 (C) capacity for expansion and upgrading to more
18-23 advanced levels of technology;
18-24 (D) quantitative reliability factors;
18-25 (E) the level of training required to bring
18-26 end-users to a stated level of proficiency;
18-27 (F) the technical support requirements for
19-1 maintenance of data across a network platform and management of the
19-2 network's hardware and software; and
19-3 (G) compliance with applicable statewide
19-4 standards adopted by the Department of Information Resources or a
19-5 subsequent entity as validated by criteria established by the
19-6 department or a subsequent entity in administrative rule.
19-7 (6) "Qualified information systems vendor" means
19-8 manufacturers or wholesale sellers of automated information systems
19-9 who are authorized by the commission to publish catalogues of
19-10 products and services which may be directly purchased by state
19-11 agencies covered by the Information Resources Management Act
19-12 (Article 4413(32j), Revised Statutes).
19-13 SECTION 16. Section 3.15(h), State Purchasing and General
19-14 Services Act (Article 601b, Vernon's Texas Civil Statutes), is
19-15 amended to read as follows:
19-16 (h) This section does not apply to interagency purchases or
19-17 transactions. Interagency purchases and transactions must be
19-18 accomplished on special vouchers or electronically as prescribed by
19-19 the comptroller <of public accounts. The commission shall audit
19-20 all interagency purchases and transactions after they have been
19-21 completed>.
19-22 SECTION 17. Section 3.29(a), State Purchasing and General
19-23 Services Act (Article 601b, Vernon's Texas Civil Statutes), is
19-24 amended to read as follows:
19-25 (a) A state agency may not purchase or lease a vehicle
19-26 designed or used primarily for the transportation of persons,
19-27 including a station wagon, that has a wheel base longer than
20-1 116 <113> inches or that has more than 280 <160> SAE net
20-2 horsepower, except that the vehicle may have a wheel base longer
20-3 than 116 inches or SAE net horsepower exceeding 280 if the vehicle
20-4 is capable of or will be converted so that it is capable of using
20-5 compressed natural gas or another alternative fuel that results in
20-6 comparably lower emissions of oxides of nitrogen, volatile organic
20-7 compounds, carbon monoxide, or particulates. This exception to the
20-8 wheel base and horsepower limitations applies to a state agency
20-9 regardless of the size of the agency's vehicle fleet. The wheel
20-10 base and horsepower limitations prescribed by this subsection do
20-11 <This provision does> not apply to the purchase or lease of a
20-12 vehicle to be used primarily for criminal law enforcement or a bus,
20-13 motorcycle, pickup, van, truck, three-wheel vehicle, tractor, or
20-14 ambulance.
20-15 SECTION 18. Section 4.01, State Purchasing and General
20-16 Services Act (Article 601b, Vernon's Texas Civil Statutes), is
20-17 amended by amending Subsection (a) and by adding Subsection (d) to
20-18 read as follows:
20-19 (a) The commission shall have charge and control of all
20-20 public buildings, grounds and property of the state, and is the
20-21 custodian of all public personal property, and is responsible for
20-22 the proper care and protection of such property from damage,
20-23 intrusion, or improper usage. <The commission is expressly
20-24 directed to take any steps necessary to protect public buildings
20-25 against any existing or threatened fire hazards.> The commission
20-26 is authorized to provide for the allocation of space in any of the
20-27 public buildings to the departments of the state government for the
21-1 uses authorized by law, and is authorized to make any repairs to
21-2 any such buildings or parts thereof necessary to the serviceable
21-3 accommodation of the uses to which such buildings or space therein
21-4 may be allotted.
21-5 (d) The commission may allocate space in buildings in the
21-6 Texas Judicial Complex only to:
21-7 (1) a court;
21-8 (2) a judicial agency;
21-9 (3) the attorney general's office;
21-10 (4) the Texas Department of Criminal Justice;
21-11 (5) the Texas Youth Commission;
21-12 (6) the Criminal Justice Policy Council;
21-13 (7) the State Commission on Judicial Conduct;
21-14 (8) the State Office of Administrative Hearings;
21-15 (9) the Board of Law Examiners;
21-16 (10) the Interagency Council on Sex Offender
21-17 Treatment;
21-18 (11) building security;
21-19 (12) building maintenance; or
21-20 (13) a vending facility operated under Chapter 94,
21-21 Human Resources Code.
21-22 SECTION 19. Section 4.01, State Purchasing and General
21-23 Services Act (Article 601b, Vernon's Texas Civil Statutes), is
21-24 amended by adding Subsection (b-1) to read as follows:
21-25 (b-1) The space in the old State Board of Insurance State
21-26 Office Building, located on San Jacinto Street between 11th and
21-27 12th streets in Austin, is allocated to the legislature and
22-1 legislative agencies for their use. The presiding officers of each
22-2 house of the legislature shall jointly decide the allocation of the
22-3 space within the building.
22-4 SECTION 20. Article 4, State Purchasing and General Services
22-5 Act (Article 601b, Vernon's Texas Civil Statutes), is amended by
22-6 adding Section 4.082 to read as follows:
22-7 Sec. 4.082. TEXAS JUDICIAL COMPLEX. "Texas Judicial
22-8 Complex" is the collective name of the Supreme Court Building, the
22-9 Tom C. Clark State Courts Building, and the Price Daniel, Sr.,
22-10 Building.
22-11 SECTION 21. Section 4.13, State Purchasing and General
22-12 Services Act (Article 601b, Vernon's Texas Civil Statutes), is
22-13 transferred to Chapter 443, Government Code, designated as Section
22-14 443.020, and amended to read as follows:
22-15 Sec. 443.020 <4.13>. Pass Keys to Rooms in the Capitol. Any
22-16 person who shall make or have made or keep in his possession a pass
22-17 or master key to the rooms and apartments in the state capitol,
22-18 unless authorized to do so, shall be fined not exceeding $100.
22-19 SECTION 22. Section 5.16(c), State Purchasing and General
22-20 Services Act (Article 601b, Vernon's Texas Civil Statutes), is
22-21 amended to read as follows:
22-22 (c) A project analysis shall consist of (1) a complete
22-23 description of the facility or project together with a
22-24 justification of such facility or project prepared by the using
22-25 agency, (2) a detailed estimate of the amount of space needed to
22-26 meet the needs of the using agency and to allow for realistic
22-27 future growth, (3) a description of the proposed facility prepared
23-1 by an architect/engineer and including schematic plans and outline
23-2 specifications describing the type of construction and probable
23-3 materials to be used, sufficient to establish the general scope and
23-4 quality of construction, (4) an estimate of the probable cost of
23-5 construction, (5) a description of the proposed site of the project
23-6 and an estimate of the cost of site preparation, (6) an overall
23-7 estimate of the cost of the project, (7) the information about
23-8 historic structures considered instead of new construction that was
23-9 prepared as required by Section 5.01A of this article, <and> (8) an
23-10 evaluation of energy alternatives as required by Section 5.161 of
23-11 this article, and (9) other information as required by the
23-12 commission. A project analysis may include two or more alternative
23-13 proposals for meeting the space needs of the using agency by (1)
23-14 new construction, (2) acquisition and rehabilitation of an existing
23-15 or historic structure, or (3) a combination of the above. If any
23-16 part of the project involves the construction or rehabilitation of
23-17 a building that is to be used primarily as a parking garage or for
23-18 office space for the state government, the project analysis also
23-19 shall include a description of the amount and location of space in
23-20 the building that can be made available for lease, under Section
23-21 4.15 of this Act, to private tenants or shall include a statement
23-22 of the reason that the lease of space in the building to private
23-23 tenants is not feasible. All estimates involved in the preparation
23-24 of a project analysis shall be carefully and fully documented and
23-25 incorporated into the project analysis.
23-26 Throughout the preparation of the project analysis, the
23-27 commission and any private architect/engineer employed by the
24-1 commission shall work closely and cooperatively with the using
24-2 agency to the end that the project analysis shall fully reflect the
24-3 needs of the using agency.
24-4 The using agency shall use the cost of the project as
24-5 determined by such project analysis as the basis of its request to
24-6 the budget offices of this state.
24-7 SECTION 23. Section 5.13(d), State Purchasing and General
24-8 Services Act (Article 601b, Vernon's Texas Civil Statutes), is
24-9 amended to read as follows:
24-10 (d) <Sections 5.16, 5.17, 5.21, and 5.25 of this article
24-11 apply to construction projects undertaken by or for the
24-12 institutional division of the Texas Department of Criminal
24-13 Justice.> No <other> provisions of this article apply to
24-14 construction projects undertaken by or for the institutional
24-15 division of the Texas Department of Criminal Justice.
24-16 SECTION 24. Article 5, State Purchasing and General Services
24-17 Act (Article 601b, Vernon's Texas Civil Statutes), is amended by
24-18 adding Section 5.161 to read as follows:
24-19 Sec. 5.161. EVALUATION OF ENERGY ALTERNATIVES. (a) For
24-20 each project for which a project analysis is prepared under Section
24-21 5.16 of this article, and for which the construction, alteration,
24-22 or repair involves installing or replacing all or part of an energy
24-23 system, energy source, or energy-consuming equipment, the
24-24 commission, or the private architect/engineer employed by the
24-25 commission, shall prepare a written evaluation of energy
24-26 alternatives for the project.
24-27 (b) An evaluation prepared under this section shall include
25-1 information about the economic and environmental impact of various
25-2 energy alternatives, including an evaluation of economic and
25-3 environmental costs both initially and over the life of the system,
25-4 source, or equipment.
25-5 (c) An evaluation under this section shall identify the best
25-6 energy alternative for the project considering both economic and
25-7 environmental costs and benefits.
25-8 SECTION 25. Section 5.22, State Purchasing and General
25-9 Services Act (Article 601b, Vernon's Texas Civil Statutes), is
25-10 amended by amending Subsection (b) and adding Subsection (d) to
25-11 read as follows:
25-12 (b) Responsibility for the selection of a private
25-13 architect/engineer employed for any project covered by the
25-14 provisions of this article shall be vested in the commission. The
25-15 commission shall adopt rules that state the criteria the commission
25-16 uses to evaluate the competence and qualifications of private
25-17 architects/engineers. The commission shall develop the rules in
25-18 consultation with the Texas Board of Architectural Examiners and
25-19 the State Board of Registration for Professional Engineers. Except
25-20 in an emergency, the <The> commission shall allow each private
25-21 architect/engineer selected for an interview at least 30 days after
25-22 the date the commission notifies the architect/engineer to prepare
25-23 for the interview.
25-24 (d) In this section, an emergency is a situation that:
25-25 (1) presents an imminent peril to the public health,
25-26 safety, or welfare;
25-27 (2) presents an imminent peril to property;
26-1 (3) requires expeditious action to prevent a hazard to
26-2 life, health, safety, welfare, or property; or
26-3 (4) requires expeditious action to avoid undue
26-4 additional cost to a state agency or the state.
26-5 SECTION 26. Section 5.26(b), State Purchasing and General
26-6 Services Act (Article 601b, Vernon's Texas Civil Statutes), is
26-7 amended to read as follows:
26-8 (b) The commission shall cause the uniform general
26-9 conditions of state building construction contracts to be reviewed
26-10 whenever in its opinion such review is desirable, but in no event
26-11 less frequently than once every five years. The review shall be
26-12 made by a committee appointed by the commission consisting of the
26-13 director of facilities construction and space management, who shall
26-14 serve ex officio as chairman of the committee and who shall vote
26-15 only in the event of a tie; one person <two persons> appointed by
26-16 the commission from a list of nominees submitted to it by the
26-17 President of the Texas Society of Architects; one person <two
26-18 persons> appointed by the commission from a list of nominees
26-19 submitted to it by the President of the Texas Society of
26-20 Professional Engineers; one person <two persons> appointed by the
26-21 commission from a list of nominees submitted to it by the Chairman
26-22 of the Executive Council of the Texas Associated General
26-23 Contractors Chapters; one person <and two persons> appointed by the
26-24 commission from the list of nominees submitted to it by the
26-25 Executive Secretary of the Mechanical Contractors Associations of
26-26 Texas, Incorporated; one person appointed by the commission from a
26-27 list of nominees submitted to it by the Executive Secretary of the
27-1 Texas Building and Construction Trades Council; one person
27-2 appointed by the commission from a list of nominees submitted to it
27-3 by the President of the Associated Builders and Contractors of
27-4 Texas; one person residing in Texas appointed by the commission
27-5 from a list of nominees submitted by the Executive Director of the
27-6 National Association of Minority Contractors; one person appointed
27-7 by the commission representing an institution of higher education,
27-8 as defined by Section 61.003, Education Code; one person appointed
27-9 by the commission representing a state agency that has a
27-10 substantial on-going construction program; and one person appointed
27-11 by the commission representing the attorney general's office.
27-12 Members of any review committee appointed pursuant to this
27-13 subsection shall serve without compensation but may be reimbursed
27-14 for their necessary and actual expenses.
27-15 SECTION 27. Section 5.36, State Purchasing and General
27-16 Services Act (Article 601b, Vernon's Texas Civil Statutes), is
27-17 amended to read as follows:
27-18 Sec. 5.36. Public works contracts with certain businesses.
27-19 A state agency that enters into a contract for a project, including
27-20 a project constructed by or for an agency otherwise excepted under
27-21 Section 5.13 of this article, shall make a good faith effort to
27-22 assist historically underutilized <disadvantaged> businesses to
27-23 receive at least 10 percent of the total value of each construction
27-24 contract award that the agency expects to make in its fiscal year.
27-25 Each agency shall estimate the expected total value of contract
27-26 awards under this article not later than the 60th day of its fiscal
27-27 year and may revise the estimate as new information requires.
28-1 SECTION 28. Section 6.01, State Purchasing and General
28-2 Services Act (Article 601b, Vernon's Texas Civil Statutes), is
28-3 amended to read as follows:
28-4 Sec. 6.01. Definition. In this article, "space" means
28-5 office space, warehouse space, laboratory space, storage space
28-6 exceeding 1,000 gross square feet, or any combination thereof, but
28-7 does not include aircraft hangar space, radio antenna space, boat
28-8 storage space, vehicle parking space, residential space for a Texas
28-9 Department of Mental Health and Mental Retardation program,
28-10 residential space for a Texas Youth Commission program, or space to
28-11 be utilized for less than one month for meetings, conferences,
28-12 seminars, conventions, displays, examinations, auctions, or other
28-13 similar purposes.
28-14 SECTION 29. Article 6, State Purchasing and General Services
28-15 Act (Article 601b, Vernon's Texas Civil Statutes), is amended by
28-16 adding Section 6.021 to read as follows:
28-17 Sec. 6.021. SPACE USE STUDY; LIMITATION ON ALLOCATION OF
28-18 SPACE. (a) The commission periodically shall conduct a study to
28-19 determine the space requirements of various state agencies that
28-20 occupy space under the commission's charge and control, including
28-21 state-owned space and space leased from other sources.
28-22 (b) The commission shall use the results of the study to:
28-23 (1) determine the optimal amount of space required for
28-24 various state agency uses; and
28-25 (2) allocate space to state agencies in the best and
28-26 most efficient manner possible.
28-27 (c) The commission may not allocate space to a state agency
29-1 as defined in Articles I and II of the General Appropriations Act
29-2 that exceeds an average of 153 square feet for each agency employee
29-3 for each agency site for usable office space as defined by the
29-4 General Services Commission, with the exception of an agency site
29-5 at which 15 or fewer employees are located, insofar as possible
29-6 without sacrifice of critical public or client services by the end
29-7 of the 1994-1995 biennium. This subsection does not apply to:
29-8 (1) warehouse space;
29-9 (2) laboratory space;
29-10 (3) storage space exceeding 1,000 gross square feet;
29-11 or
29-12 (4) another type of space specified by commission
29-13 rule, if the commission determines that it is not practical to
29-14 apply this subsection to the specified space.
29-15 (d) The commission shall conduct a study under this section
29-16 at least once during each state fiscal biennium.
29-17 (e) This section does not apply to space that is not
29-18 occupied by a state agency as defined by Section 1.02 of this Act.
29-19 SECTION 30. Section 9.13, State Purchasing and General
29-20 Services Act (Article 601b, Vernon's Texas Civil Statutes), is
29-21 amended to read as follows:
29-22 Sec. 9.13. Exemption. For purposes of this article the
29-23 terms "surplus" and "salvage" shall not apply to products and
29-24 by-products of research, forestry, agricultural, livestock, and
29-25 industrial enterprises <in excess of that quantity required for
29-26 consumption by the producing agency when such agencies have a
29-27 continuing and adequate system of marketing research and sales, the
30-1 efficiency of which shall be certified to the commission by the
30-2 state auditor. A qualifying agency shall furnish the commission
30-3 with a copy of the rules and regulations and latest revisions
30-4 thereof promulgated by the policy-making body of each agency or
30-5 institution for the guidance and administration of the programs
30-6 enumerated herein. When requested by such agency or institution to
30-7 do so, the commission shall dispose of the property as provided for
30-8 in this article>.
30-9 SECTION 31. Section 10.05, State Purchasing and General
30-10 Services Act (Article 601b, Vernon's Texas Civil Statutes), is
30-11 amended to read as follows:
30-12 Sec. 10.05. Sharing of services or facilities.
30-13 (a) Telecommunications facilities and services, to the extent
30-14 feasible and desirable, shall be provided on an integrated or
30-15 shared basis, or both, to avoid waste of state funds and manpower.
30-16 (b) The commission, the Department of Information Resources,
30-17 and the comptroller shall develop, in coordination with The Texas
30-18 A&M University System, The University of Texas System, other
30-19 institutions of higher education, and other state agencies, a plan
30-20 for a state telecommunications network that will effectively and
30-21 efficiently meet the long-term voice, video, and computer
30-22 communications requirements of state government. The plan should
30-23 recognize that all state agencies and institutions of higher
30-24 education are a single entity for purposes of purchasing and
30-25 determining tariffs. The plan shall incorporate efficiencies
30-26 obtained through the use of shared transmission services and open
30-27 systems architecture as they become available, building on existing
31-1 systems as appropriate, and the developers of the plan shall make
31-2 use of the technical expertise of the institutions of higher
31-3 education and state agencies. The commission, department, and
31-4 comptroller shall present to the governor and the legislature a
31-5 comprehensive summary of the plan and its implementation schedule
31-6 before September 1, 1994.
31-7 SECTION 32. Section 10.09(d), State Purchasing and General
31-8 Services Act (Article 601b, Vernon's Texas Civil Statutes), is
31-9 amended to read as follows:
31-10 (d) The commission shall prepare and issue a revised
31-11 centralized telephone service directory not later than March 31 <in
31-12 February> of each year.
31-13 SECTION 33. Section 14.01, State Purchasing and General
31-14 Services Act (Article 601b, Vernon's Texas Civil Statutes), is
31-15 amended to read as follows:
31-16 Sec. 14.01. Division. The travel division of the commission
31-17 is composed of the central travel office and the office of vehicle
31-18 fleet management <maintenance>. The commission shall adopt rules
31-19 to implement this article, including rules related to:
31-20 (1) the structure of travel agency contracts that the
31-21 commission makes;
31-22 (2) the procedures the commission uses in requesting
31-23 and evaluating bids or proposals for travel agency contracts from
31-24 providers; and
31-25 (3) the use of negotiated contract rates for travel
31-26 services by state agencies.
31-27 SECTION 34. Section 14.02(b), State Purchasing and General
32-1 Services Act (Article 601b, Vernon's Texas Civil Statutes), is
32-2 amended to read as follows:
32-3 (b) <The central travel office shall initially provide
32-4 services to designated agencies located in Travis County and shall
32-5 extend its services to all state agencies as it develops the
32-6 capability to do so.> The office may negotiate contracts with
32-7 private travel agents, with travel and transportation providers,
32-8 and with credit card companies that provide travel services and
32-9 other benefits to the state. The commission shall make contracts
32-10 with more than one provider of travel agency services. Contracts
32-11 entered into under this section are not subject to the competitive
32-12 bidding requirements imposed under Article 3 of this Act. The
32-13 comptroller of public accounts shall audit for compliance of rules
32-14 adopted to enforce the provisions of this section.
32-15 SECTION 35. The State Purchasing and General Services Act
32-16 (Article 601b, Vernon's Texas Civil Statutes) is amended by adding
32-17 Article 15 to read as follows:
32-18 ARTICLE 15. COUNCIL ON COMPETITIVE GOVERNMENT
32-19 Sec. 15.01. DEFINITIONS. In this article:
32-20 (1) "Commercial activity" means an activity that
32-21 provides a product or service that is commonly available from a
32-22 private source.
32-23 (2) "Commission" means the General Services
32-24 Commission.
32-25 (3) "Council" means the State Council on Competitive
32-26 Government.
32-27 (4) "Identified state service" means a service
33-1 provided by the state that the council has identified as a
33-2 commercially available service and brought under study by the
33-3 council to determine whether the service may better be provided
33-4 through competition with private commercial sources.
33-5 (5) "State agency" has the meaning established by
33-6 Section 1.02(2) of this Act.
33-7 Sec. 15.02. STATE COUNCIL ON COMPETITIVE GOVERNMENT. The
33-8 State Council on Competitive Government is established. It is the
33-9 policy of this state that all state services be performed in the
33-10 most effective and efficient manner in order to be the best value
33-11 to the citizens of the state and the state recognizes competition
33-12 among service providers may improve the quality of service
33-13 provided. The state shall encourage competition, innovation, and
33-14 creativity among service providers.
33-15 Sec. 15.03. MEMBERSHIP. (a) The council shall consist of
33-16 the following persons or their designees:
33-17 (1) the governor;
33-18 (2) the lieutenant governor;
33-19 (3) the comptroller of public accounts;
33-20 (4) the executive director of the Texas Department of
33-21 Criminal Justice;
33-22 (5) the speaker of the house of representatives; and
33-23 (6) the commission's presiding officer, as appointed
33-24 under Section 2.04(a) of this Act.
33-25 (b) The governor is chairman of the board.
33-26 (c) If the speaker of the house of representatives is not
33-27 permitted by the constitution to serve as a voting member of the
34-1 board, the speaker of the house of representatives serves as a
34-2 nonvoting member.
34-3 Sec. 15.04. MEETINGS. The council shall meet as often as
34-4 necessary to perform its duties.
34-5 Sec. 15.05. DUTIES. The council shall identify commercially
34-6 available services currently being performed by state agencies and,
34-7 if the council determines that these services may better be
34-8 provided through competition with private commercial sources or
34-9 other state agency service providers, require a state agency to
34-10 engage in any process, including competitive bidding, developed by
34-11 the council to provide the service in competition with private
34-12 commercial sources or other state agency service providers.
34-13 Sec. 15.06. POWERS. In performing its duties under this
34-14 article, the council may:
34-15 (1) adopt rules governing any aspect of the council's
34-16 duties or responsibilities;
34-17 (2) hold public hearings or conduct studies;
34-18 (3) consult with private commercial sources;
34-19 (4) require a state agency to conduct an agency
34-20 in-house cost estimate, a management study, or any other hearing,
34-21 study, review, or cost estimate concerning any aspect of an
34-22 identified state service;
34-23 (5) develop and require for use by state agencies
34-24 methods to accurately and fairly estimate and account for the cost
34-25 of providing an identified state service;
34-26 (6) require that an identified state service be
34-27 submitted to competitive bidding or other process determined to
35-1 create competition with private commercial sources;
35-2 (7) determine, in consultation with affected state
35-3 agencies, the specifications and conditions of purchase procedures
35-4 that must be followed by the commission and a state agency or a
35-5 private commercial source engaged in competitive bidding to provide
35-6 an identified state service;
35-7 (8) award a contract to a state agency currently
35-8 providing the service, a state agency other than an agency
35-9 currently providing the service, a private commercial source, or
35-10 any combination thereof if the bidder presents the best and most
35-11 reasonable bid, not necessarily the lowest bid; and
35-12 (9) determine the terms and conditions of a contract
35-13 for service or interagency contract to provide an identified state
35-14 service or other commercially available service.
35-15 Sec. 15.07. DUTIES OF AFFECTED STATE AGENCIES. A state
35-16 agency shall perform any activities required by the council in the
35-17 performance of its duties or exercise of its powers under this
35-18 article.
35-19 Sec. 15.08. EXEMPTION. Decisions regarding whether an
35-20 agency shall engage in competitive bidding and concerning the award
35-21 of contracts made by the council are exempt from all state laws
35-22 regulating or limiting state purchasing and purchasing decisions.
35-23 SECTION 36. Section 2, Texas Public Finance Authority Act
35-24 (Article 601d, Vernon's Texas Civil Statutes), is amended to read
35-25 as follows:
35-26 Sec. 2. PURPOSE. (a) The purpose of this Act is to provide
35-27 a method of financing:
36-1 (1) for the acquisition or construction of buildings
36-2 in Travis County, Texas; and
36-3 (2) for the purchase or lease of equipment by state
36-4 agencies.
36-5 (b) In this section, "state agency" has the meaning assigned
36-6 by Section 1.02, State Purchasing and General Services Act (Article
36-7 601b, Vernon's Texas Civil Statutes).
36-8 SECTION 37. Subsection (a), Section 9A, Texas Public Finance
36-9 Authority Act (Article 601d, Vernon's Texas Civil Statutes), is
36-10 amended to read as follows:
36-11 (a) The authority may issue and sell obligations for the
36-12 financing of a lease or other agreement so long as the agreement
36-13 concerns equipment that a state agency has purchased or leased or
36-14 intends to purchase or lease. The authority's power to issue
36-15 obligations includes the power to issue and sell obligations for
36-16 the financing of a package of agreements involving one or more
36-17 state agencies. In this subsection, "state agency" has the meaning
36-18 assigned by Section 1.02, State Purchasing and General Services Act
36-19 (Article 601b, Vernon's Texas Civil Statutes).
36-20 SECTION 38. Section 1(3), Chapter 454, Acts of the 65th
36-21 Legislature, Regular Session, 1977 (Article 6252-11c, Vernon's
36-22 Texas Civil Statutes), is amended to read as follows:
36-23 (3) "State agency" has the meaning assigned by Section
36-24 1.02, State Purchasing and General Services Act (Article 601b,
36-25 Vernon's Texas Civil Statutes) <means a state department,
36-26 commission, board, office, institution, facility, or other agency
36-27 the jurisdiction of which is not limited to a geographical portion
37-1 of the state. The term includes a university system and an
37-2 institution of higher education as defined in Section 61.003,
37-3 Education Code. The term does not include a public junior
37-4 college>.
37-5 SECTION 39. Section 2(c), Article 9102, Revised Statutes, is
37-6 amended to read as follows:
37-7 (c) These standards and specifications shall be adhered to
37-8 in all buildings leased or rented in whole or in part for use by a
37-9 <the> state agency under any lease or rental agreement entered into
37-10 on or after January 1, 1972. To such extent as is not
37-11 contraindicated by federal law or beyond the power of the state's
37-12 regulation, these standards shall also apply to buildings or
37-13 facilities leased or rented for use by a <the> state agency through
37-14 partial or total use of federal funds. Facilities which are the
37-15 subject of lease or rental agreements on January 1, 1972, will not
37-16 be required to meet standards and specifications for the term of
37-17 the existing lease or rental agreement but must be brought into
37-18 compliance before a lease or rental agreement is renewed. Where it
37-19 is determined by the governmental department, agency, or unit
37-20 concerned that full compliance with any particular standard is
37-21 impractical, the reasons for such determination shall be set forth
37-22 in written form by those making the determination and forwarded to
37-23 the department. If it is determined that full compliance is not
37-24 practical, there shall be substantial compliance as determined by
37-25 the department with the standard or specification to the maximum
37-26 extent practical, and the file system maintained by the department
37-27 shall include the written record of the determination that it is
38-1 impractical to comply fully with a particular standard or
38-2 specification and shall also set forth the extent to which an
38-3 attempt will be made to comply substantially with the standard or
38-4 specification. In this subsection, "state agency" has the meaning
38-5 assigned by Section 1.02, State Purchasing and General Services Act
38-6 (Article 601b, Vernon's Texas Civil Statutes).
38-7 SECTION 40. Chapter 417, Government Code, is amended by
38-8 adding Section 417.0081 to read as follows:
38-9 Sec. 417.0081. INSPECTION OF CERTAIN STATE-OWNED BUILDINGS.
38-10 The state fire marshal, at the commission's direction, shall
38-11 periodically inspect public buildings under the charge and control
38-12 of the General Services Commission and shall take any action
38-13 authorized by the commission to protect the buildings and their
38-14 occupants from an existing or threatened fire hazard.
38-15 SECTION 41. Subchapter A, Chapter 419, Government Code, is
38-16 amended by adding Section 419.0081 to read as follows:
38-17 Sec. 419.0081. PROTECTION OF CERTAIN STATE-OWNED BUILDINGS
38-18 AGAINST FIRE HAZARDS. (a) The commission shall take any action
38-19 necessary to protect a public building under the charge and control
38-20 of the General Services Commission, and the building's occupants,
38-21 against an existing or threatened fire hazard.
38-22 (b) The commission and the General Services Commission shall
38-23 make and each adopt by rule a memorandum of understanding that
38-24 coordinates the agencies' duties under this section.
38-25 SECTION 42. Section 771.002, Government Code, is amended to
38-26 read as follows:
38-27 Sec. 771.002. Definitions. In this chapter:
39-1 (1) "Agency" includes:
39-2 (A) a department, board, bureau, commission,
39-3 court, office, authority, council, or institution;
39-4 (B) a university, college, or any service or
39-5 part of a state institution of higher education; and
39-6 (C) any statewide job or employment training
39-7 program for disadvantaged youth that is substantially financed by
39-8 federal funds and that was created by executive order not later
39-9 than December 30, 1986.
39-10 (2) <"Commission" means the State Purchasing and
39-11 General Services Commission.>
39-12 <(3)> "Resources" means materials and<,> equipment<,
39-13 and supplies>.
39-14 (3) <(4)> "Services" means special or technical
39-15 services, including the services of employees.
39-16 SECTION 43. Section 771.004(a), Government Code, is amended
39-17 to read as follows:
39-18 (a) Before a state agency may provide <furnish> or receive a
39-19 service or resource under this chapter, the agency must have
39-20 entered into a written agreement or contract that has been approved
39-21 by the administrator of each agency that is a party to the
39-22 agreement or contract <and by the commission>.
39-23 SECTION 44. Section 771.004, Government Code, is amended by
39-24 amending Subsection (c) and by adding Subsection (d) to read as
39-25 follows:
39-26 (c) A written agreement or contract is <and advance approval
39-27 by the commission are> not required:
40-1 (1) in an emergency for the defense or safety of the
40-2 civil population or in the planning and preparation for those
40-3 emergencies;
40-4 (2) in cooperative efforts, proposed by the governor,
40-5 for the economic development of the state; or
40-6 (3) in a situation in which the amount involved is
40-7 less than $50,000 <$2,500>.
40-8 (d) In an interagency exchange that is exempt from the
40-9 requirements of a written agreement or contract, the agencies
40-10 involved shall document the exchange through informal letters of
40-11 agreement or memoranda.
40-12 SECTION 45. Section 771.006, Government Code, is amended to
40-13 read as follows:
40-14 Sec. 771.006. <Equipment> Purchases and Subcontracts of
40-15 Services and Resources. A contract under this chapter may
40-16 authorize an <permit a furnishing> agency providing services and
40-17 resources to subcontract and purchase the services and resources
40-18 <equipment to the extent considered appropriate by the commission>.
40-19 SECTION 46. On the effective date of this Act, all powers,
40-20 duties, and obligations relating to the protection of public
40-21 buildings under the charge and control of the General Services
40-22 Commission, and the buildings' occupants, against existing or
40-23 threatened fire hazards are transferred from the General Services
40-24 Commission to the Texas Commission on Fire Protection as provided
40-25 by this Act. All property in the custody of the General Services
40-26 Commission and the original or a copy of any record that relates to
40-27 fire protection activity in the buildings are transferred to the
41-1 Texas Commission on Fire Protection. All appropriations to the
41-2 General Services Commission for fire protection activity in the
41-3 buildings and all employees of the General Services Commission
41-4 employed primarily to engage in fire protection activity in the
41-5 buildings are transferred to the Texas Commission on Fire
41-6 Protection. All investigations and all filed reports or complaints
41-7 relating to fire protection in the buildings are transferred
41-8 without change in status from the General Services Commission to
41-9 the Texas Commission on Fire Protection. All rules, standards, and
41-10 specifications of the General Services Commission relating to fire
41-11 protection in the buildings remain in effect as rules, standards,
41-12 and specifications of the Texas Commission on Fire Protection
41-13 unless superseded by proper authority of that commission.
41-14 SECTION 47. The General Services Commission shall complete
41-15 implementation of the changes in law made by this Act relating to
41-16 the use of a centralized master bidders list by state agencies not
41-17 later than September 1, 1995. During the transition period
41-18 provided by this section, affected state agencies shall provide the
41-19 General Services Commission with all records and information in the
41-20 custody of the agencies that relate to the commission's preparation
41-21 of the centralized master bidders list.
41-22 SECTION 48. (a) The General Services Commission shall
41-23 appoint the new members added to the commission's construction
41-24 contract review committee by this Act as soon as practicable after
41-25 the effective date of this Act. The representatives of each
41-26 society or association that has had its representation on the
41-27 committee reduced from two members to one member shall determine by
42-1 agreement or by lot which representative will remain on the
42-2 committee.
42-3 (b) Until all removals and new appointments of members of
42-4 the commission's construction contract review committee have taken
42-5 place, a quorum of the committee is a majority of the number of
42-6 members serving at the time of a meeting.
42-7 SECTION 49. On the effective date of this Act, all powers,
42-8 duties, and obligations of the Office of Small Business Assistance
42-9 of the Texas Department of Commerce under Section 1.03, State
42-10 Purchasing and General Services Act (Article 601b, Vernon's Texas
42-11 Civil Statutes), are transferred to the General Services Commission
42-12 as prescribed by the changes to Section 1.03 made by this Act. All
42-13 records and property in the custody of the office that relate to a
42-14 function transferred by this Act are transferred to the commission.
42-15 All appropriations to the office for functions transferred by this
42-16 Act and all employees of the office employed primarily to engage in
42-17 those functions are transferred to the commission. An application
42-18 for certification as a historically underutilized business is
42-19 transferred without change in status from the office to the
42-20 commission. All rules, standards, and specifications of the office
42-21 relating to the functions transferred by this Act remain in effect
42-22 as rules, standards, and specifications of the commission unless
42-23 superseded by proper authority of the commission. All references
42-24 in a transferred application, rule, standard, or specification to
42-25 disadvantaged businesses is considered to be a reference to
42-26 historically underutilized businesses. A prior certification made
42-27 by the office that a business is a disadvantaged business is
43-1 considered to be a certification that a business is a historically
43-2 underutilized business.
43-3 SECTION 50. Not later than January 1, 1995, the General
43-4 Services Commission shall submit to the governor, lieutenant
43-5 governor, and speaker of the house of representatives a report on
43-6 the competitive sealed proposal process established by this Act
43-7 that includes:
43-8 (1) a list of all purchases made under the process
43-9 during the state fiscal year ending August 31, 1994, including
43-10 purchases by institutions and other agencies of higher education
43-11 under authority delegated by the commission;
43-12 (2) an analysis of benefits and disadvantages of the
43-13 process; and
43-14 (3) recommendations for improving the process.
43-15 SECTION 51. Article 13, State Purchasing and General
43-16 Services Act (Article 601b, Vernon's Texas Civil Statutes), is
43-17 repealed.
43-18 SECTION 52. (a) The following laws are repealed:
43-19 (1) Section 771.005, Government Code; and
43-20 (2) Section 771.009, Government Code.
43-21 (b) The following law is repealed:
43-22 (1) Section 771.008(d), Government Code; or
43-23 (2) Section 6(d), The Interagency Cooperation Act
43-24 (Article 4413(32), Vernon's Texas Civil Statutes), as added by
43-25 Section 30, Chapter 641, Acts of the 72nd Legislature, Regular
43-26 Session, 1991.
43-27 (c) Subsection (b)(1) of this section takes effect only if a
44-1 bill relating to nonsubstantive additions to and corrections in
44-2 enacted codes, including the nonsubstantive codification of various
44-3 laws omitted from enacted codes, and to conforming codifications
44-4 enacted by the 72nd Legislature to other acts of that legislature,
44-5 is enacted by the 73rd Legislature and becomes law. Subsection
44-6 (b)(2) of this section takes effect only if the bill described by
44-7 this subsection does not become law.
44-8 SECTION 53. (a) In addition to the duties prescribed in
44-9 Article 15, State Purchasing and General Services Act (Article
44-10 601b, Vernon's Texas Civil Statutes), as added by this Act, the
44-11 State Council on Competitive Government shall conduct a study by
44-12 December 1, 1993, or as soon as practicable thereafter evaluating
44-13 services being performed by or for state agencies. Services
44-14 involving information technology, information facilities
44-15 management, co-location of field offices, mail, print services,
44-16 travel management, telecommunications, and fleet management shall
44-17 be evaluated to identify at least $3 million in cost savings and
44-18 enhanced revenue resulting from competition with private commercial
44-19 sources or other state agency providers. Services to be evaluated
44-20 shall also include the state's procurement practices to the extent
44-21 the practices have been evaluated in any report on procurement
44-22 practices in Texas state government.
44-23 (b) The council shall certify the estimate of potential
44-24 savings or enhanced revenue amounts and forward the information to
44-25 the Legislative Budget Board. After evaluating the information,
44-26 the Legislative Budget Board shall identify general revenue fund
44-27 appropriations of at least $3 million to be reduced as a result of
45-1 cost savings or enhanced revenue measures and shall forward such
45-2 information to the comptroller. The Legislative Budget Board may
45-3 request the council to identify additional cost savings or enhanced
45-4 revenue measures to accomplish the $3 million reduction.
45-5 (c) The comptroller shall reduce appropriations to the
45-6 various agencies by the amounts approved by the Legislative Budget
45-7 Board and transfer all such amounts to the general revenue fund.
45-8 Cost savings and enhanced revenues realized as a result of the
45-9 study performed may be considered a part of the savings, spending
45-10 reductions, or revenue enhancement plans required of all agencies
45-11 by the General Appropriations Act for the 1994-1995 biennium.
45-12 (d) This section expires September 1, 1995.
45-13 SECTION 54. This Act takes effect September 1, 1993.
45-14 SECTION 55. The importance of this legislation and the
45-15 crowded condition of the calendars in both houses create an
45-16 emergency and an imperative public necessity that the
45-17 constitutional rule requiring bills to be read on three several
45-18 days in each house be suspended, and this rule is hereby suspended.