H.B. No. 2626
1-1 AN ACT
1-2 relating to the continuation and operation of the General Services
1-3 Commission and to the transfer of certain functions to or from the
1-4 commission; the purchase, financing, management, and use of real
1-5 and personal property of the state; and contracting for certain
1-6 services provided to the state or among state agencies; providing
1-7 for the issuance of revenue bonds; making an appropriation.
1-8 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-9 SECTION 1. Section 1.02(3), State Purchasing and General
1-10 Services Act (Article 601b, Vernon's Texas Civil Statutes), is
1-11 amended to read as follows:
1-12 (3) "Historically underutilized <Disadvantaged>
1-13 business" means:
1-14 (A) a corporation formed for the purpose of
1-15 making a profit in which at least 51 percent of all classes of the
1-16 shares of stock or other equitable securities are owned by one or
1-17 more persons who:
1-18 (i) are socially disadvantaged because of
1-19 their identification as members of certain groups, including black
1-20 Americans, Hispanic Americans, women, Asian Pacific Americans, and
1-21 Native Americans, and <who> have suffered the effects of
1-22 discriminatory practices or similar insidious circumstances over
1-23 which they have no control; and
1-24 (ii) have a proportionate interest and
2-1 demonstrate active participation in the control, operation, and
2-2 management of the corporation's affairs;
2-3 (B) a sole proprietorship created for the
2-4 purpose of making a profit that is 100 percent owned, operated, and
2-5 controlled by a person described by Paragraph (A)(i) of this
2-6 subdivision;
2-7 (C) a partnership formed for the purpose of
2-8 making a profit in which at least 51 percent of the assets and
2-9 interest in the partnership is owned by one or more persons who:
2-10 (i) are described by Paragraph (A)(i) of
2-11 this subdivision; and
2-12 (ii)<. Those persons must> have a
2-13 proportionate interest and demonstrate active participation in the
2-14 control, operation, and management of the partnership affairs;
2-15 (D) a joint venture in which each entity in the
2-16 joint venture is a historically underutilized <disadvantaged>
2-17 business under this subdivision; or
2-18 (E) a supplier contract between a historically
2-19 underutilized <disadvantaged> business under this subdivision and a
2-20 prime contractor under which the historically underutilized
2-21 <disadvantaged> business is directly involved in the manufacture or
2-22 distribution of the supplies or materials or otherwise warehouses
2-23 and ships the supplies.
2-24 SECTION 2. Section 1.02, State Purchasing and General
2-25 Services Act (Article 601b, Vernon's Texas Civil Statutes), is
2-26 amended by adding Subdivisions (4), (5), and (6) to read as
2-27 follows:
3-1 (4) "Automated information systems" means any
3-2 automated information systems, the computers on which they are
3-3 automated, or a service related to the automation of information
3-4 systems or the computers on which they are automated, including
3-5 computer software, awarded to a vendor by a state agency covered by
3-6 the Information Resources Management Act (Article 4413(32j),
3-7 Revised Statutes) or any telecommunications apparatus or device
3-8 that serves as a component of a voice, data, or video
3-9 communications network for the purpose of transmitting, switching,
3-10 routing, multiplexing, modulating, amplifying, or receiving signals
3-11 on that network.
3-12 (5) "Best value" means lowest overall cost of
3-13 information systems based on the following factors, including, but
3-14 not limited to:
3-15 (A) purchase price;
3-16 (B) compatibility to facilitate exchange of
3-17 existing data;
3-18 (C) capacity for expansion and upgrading to more
3-19 advanced levels of technology;
3-20 (D) quantitative reliability factors;
3-21 (E) the level of training required to bring
3-22 end-users to a stated level of proficiency;
3-23 (F) the technical support requirements for
3-24 maintenance of data across a network platform and management of the
3-25 network's hardware and software; and
3-26 (G) compliance with applicable statewide
3-27 standards adopted by the Department of Information Resources or a
4-1 subsequent entity as validated by criteria established by the
4-2 department or a subsequent entity in administrative rule.
4-3 (6) "Qualified information systems vendor" means
4-4 manufacturers or resellers of automated information systems who are
4-5 authorized by the commission to publish catalogues of products and
4-6 services which may be directly purchased by state agencies covered
4-7 by the Information Resources Management Act (Article 4413(32j),
4-8 Revised Statutes).
4-9 SECTION 3. Section 1.03, State Purchasing and General
4-10 Services Act (Article 601b, Vernon's Texas Civil Statutes), is
4-11 amended to read as follows:
4-12 Sec. 1.03. Historically underutilized <Disadvantaged>
4-13 businesses. (a) The commission <Office of Small Business
4-14 Assistance of the Texas Department of Commerce> shall certify
4-15 businesses that are historically underutilized <disadvantaged>
4-16 businesses. As part of its certification procedures, the
4-17 commission <office> may approve a municipal program that certifies
4-18 historically underutilized <disadvantaged> businesses under
4-19 substantially the same definition prescribed by Section 1.02(3) of
4-20 this Act and may certify businesses certified by the municipality
4-21 as historically underutilized <disadvantaged> businesses under this
4-22 Act.
4-23 (b) The commission <office> shall compile in the most
4-24 cost-efficient format a directory of businesses certified as
4-25 historically underutilized <disadvantaged> businesses under
4-26 Subsection (a) of this section. The commission <office> shall
4-27 update the directory at least semiannually and provide a copy of
5-1 the directory to <the commission and> each state agency
5-2 semiannually. The commission shall provide access to the directory
5-3 either electronically or in another format, depending on the needs
5-4 of each state agency. On request, the commission shall make the
5-5 directory available to local governments and the public. The
5-6 commission and state agencies shall use the directory in
5-7 determining awards of state purchasing and public works contracts.
5-8 (c) The commission shall prepare a report based on a
5-9 compilation and analysis of reports submitted to it by each state
5-10 agency and information provided by the comptroller. <commission
5-11 and each state agency shall report to the office> The report shall
5-12 include the total number and dollar amount of contracts awarded and
5-13 actually paid to historically underutilized <disadvantaged>
5-14 businesses certified by the commission. Not later than September
5-15 15 and March 15 of each year, each state agency shall submit to the
5-16 commission information required by the commission for its
5-17 preparation of the report required by this subsection. <These
5-18 reports shall be made each January and July and shall report on the
5-19 previous six-month period. The office shall compile and analyze
5-20 the reports and submit a report based on the analysis to the
5-21 presiding officer of each house of the legislature each February.>
5-22 The commission shall submit a consolidated report on April 15 of
5-23 each year on the previous six-month period to the joint committee
5-24 charged with monitoring the implementation of the historically
5-25 underutilized business goals. The commission shall submit a
5-26 consolidated report on October 15 of each year on the preceding
5-27 fiscal year to the presiding officer of each house of the
6-1 legislature, the members of the legislature and the joint
6-2 committee. The commission may require information from a state
6-3 agency and may adopt rules to administer this section. The
6-4 comptroller shall provide information to the commission that will
6-5 assist the commission in the performance of its duties under this
6-6 section. Subsections (d)-(k) of this section apply to the report
6-7 and information required under this section.
6-8 (d) Each state agency that participates in a group
6-9 purchasing program under Section 3.01(a)(5) of this Act shall
6-10 include in the information submitted to the commission under
6-11 Subsection (c) of this section a separate list of purchases from
6-12 historically underutilized businesses that are made through the
6-13 group purchasing program and shall report the dollar amount of each
6-14 purchase that is allocated to the reporting agency.
6-15 (e) To ensure accuracy in reporting the use of historically
6-16 underutilized businesses, each state agency shall continuously
6-17 maintain, and shall compile monthly, information relating to the
6-18 agency's use, and the use by each operating division of the agency,
6-19 of historically underutilized businesses, including information
6-20 regarding subcontractors and suppliers required by Subsection (f)
6-21 of this section.
6-22 (f) A contractor or supplier to whom a state agency has
6-23 awarded a contract shall report to the agency the identity of each
6-24 historically underutilized business to whom the contractor or
6-25 supplier has awarded a subcontract for the purchase of supplies,
6-26 materials, services, or equipment.
6-27 (g) The commission, in cooperation with the comptroller and
7-1 each state agency reporting under this section, shall categorize
7-2 each historically underutilized business that is included in a
7-3 report under this section by sex, race, and ethnicity.
7-4 (h) The report required by Subsection (c) of this section
7-5 shall include an analysis of the relative level of opportunity for
7-6 historically underutilized businesses for various classes or
7-7 categories of acquisitions of materials, supplies, equipment, and
7-8 services.
7-9 (i) The commission shall seek the advice of the governor,
7-10 the legislature, and state agencies in facilitating identification
7-11 of and development of opportunities for historically underutilized
7-12 businesses.
7-13 (j) <(d)> The commission shall offer assistance and training
7-14 to historically underutilized <disadvantaged> businesses regarding
7-15 state procurement procedures. The commission shall advise
7-16 historically underutilized <disadvantaged> businesses of the
7-17 availability of state contracts and advise historically
7-18 underutilized <disadvantaged> businesses to enter the businesses'
7-19 names on the state's bid list.
7-20 (k) It is the intent of this measure that reports of
7-21 historically underutilized business purchasing and contracts shall
7-22 form a record of each agency's purchases in which the agency
7-23 selected the vendor. If the vendor was selected by the commission
7-24 as part of its state contract program, the purchase shall be
7-25 reflected on the commission's report of its own purchases except in
7-26 those cases where an agency selects a sole source vendor under the
7-27 provisions of Section 3.09 of this Act. In the case of Section
8-1 3.09 purchases, the selections of vendors shall remain part of the
8-2 record of the agency selecting the vendor, not the commission.
8-3 SECTION 4. Section 1.04(a), State Purchasing and General
8-4 Services Act (Article 601b, Vernon's Texas Civil Statutes), is
8-5 amended to read as follows:
8-6 (a) A person commits an offense if the person intentionally
8-7 applies as a historically underutilized <disadvantaged> business
8-8 for an award of a purchasing contract or public works contract
8-9 under this Act and the person knowingly does not meet the
8-10 definition of a historically underutilized <disadvantaged> business
8-11 under Section 1.02(3) of this Act.
8-12 SECTION 5. Section 2.02, State Purchasing and General
8-13 Services Act (Article 601b, Vernon's Texas Civil Statutes), is
8-14 amended to read as follows:
8-15 Sec. 2.02. Membership. The commission is composed of six
8-16 members appointed by the governor with the advice and consent of
8-17 the senate. All members must be representatives of the general
8-18 public. Appointments to the commission shall be made without
8-19 regard to the race, color, disability <handicap>, sex, religion,
8-20 age, or national origin of the appointees. In making appointments
8-21 under this section, the governor shall attempt to appoint members
8-22 of different minority groups, including females, African-Americans,
8-23 Hispanic-Americans, Native Americans, and Asian-Americans. A
8-24 person is not eligible for appointment if the person or the
8-25 person's spouse:
8-26 (1) is employed by or participates in the management
8-27 of a business entity or other organization that contracts with the
9-1 commission;
9-2 (2) owns or controls, directly or indirectly, more
9-3 than a 10 percent interest in a business entity or other
9-4 organization that contracts with the state; or
9-5 (3) uses or receives a substantial amount of tangible
9-6 goods, services, or funds from the commission, other than
9-7 compensation or reimbursement authorized by law for commission
9-8 membership, attendance, or expenses.
9-9 SECTION 6. Section 2.06(i), State Purchasing and General
9-10 Services Act (Article 601b, Vernon's Texas Civil Statutes), is
9-11 amended to read as follows:
9-12 (i) The executive director or the executive director's
9-13 designee shall prepare and maintain a written policy statement to
9-14 assure implementation of a program of equal employment opportunity
9-15 under which all personnel transactions are made without regard to
9-16 race, color, disability <handicap>, sex, religion, age, or national
9-17 origin. The policy statement must include:
9-18 (1) personnel policies, including policies relating to
9-19 recruitment, evaluation, selection, appointment, training, and
9-20 promotion of personnel, that are in compliance with requirements of
9-21 the Commission on Human Rights Act (Article 5221k, Vernon's Texas
9-22 Civil Statutes), and its subsequent amendments;
9-23 (2) a comprehensive analysis of the commission work
9-24 force that meets federal and state guidelines;
9-25 (3) procedures by which a determination can be made of
9-26 significant underutilization in the commission work force of all
9-27 persons for whom federal or state guidelines encourage a more
10-1 equitable balance; and
10-2 (4) reasonable methods to address appropriately those
10-3 areas of significant underutilization.
10-4 SECTION 7. Section 2.06(j), State Purchasing and General
10-5 Services Act (Article 601b, Vernon's Texas Civil Statutes), is
10-6 amended to read as follows:
10-7 (j) A policy statement prepared under Subsection (i) of this
10-8 section must cover an annual period, be updated at least annually,
10-9 be reviewed annually by the Commission on Human Rights for
10-10 compliance with Subsection (i)(1) of this section, and be filed
10-11 with the governor's office.
10-12 SECTION 8. Section 2.07, State Purchasing and General
10-13 Services Act (Article 601b, Vernon's Texas Civil Statutes), is
10-14 amended to read as follows:
10-15 Sec. 2.07. Application of Sunset Act. The commission is
10-16 subject to Chapter 325, Government Code (Texas Sunset Act). Unless
10-17 continued in existence as provided by that chapter, the commission
10-18 is abolished and this Act expires September 1, 2001 <1993>.
10-19 SECTION 9. Section 2.10(c), State Purchasing and General
10-20 Services Act (Article 601b, Vernon's Texas Civil Statutes), is
10-21 amended to read as follows:
10-22 (c) The commission shall prepare and maintain a written plan
10-23 that describes how a person who does not speak English <or who has
10-24 a physical, mental, or developmental disability> can be provided
10-25 reasonable access to the commission's programs. The commission
10-26 shall also comply with federal and state laws for program and
10-27 facility accessibility.
11-1 SECTION 10. Section 3.01, State Purchasing and General
11-2 Services Act (Article 601b, Vernon's Texas Civil Statutes), is
11-3 amended by adding Subsection (e) to read as follows:
11-4 (e) The Texas Youth Commission may purchase care and
11-5 treatment services for its wards, including educational services,
11-6 and such purchases shall be negotiated to achieve fair and
11-7 reasonable prices at rates which do not exceed any maximum provided
11-8 by law. Selection of service providers shall be based upon the
11-9 qualifications and demonstrated competence of the provider.
11-10 SECTION 11. Section 3.022, State Purchasing and General
11-11 Services Act (Article 601b, Vernon's Texas Civil Statutes), is
11-12 amended by adding Subsection (h) to read as follows:
11-13 (h) A medical or dental unit as that term is defined in
11-14 Section 61.003, Education Code, may purchase the following types of
11-15 medical equipment by the use of competitive sealed proposals if it
11-16 follows commission rules and procedures provided by this section
11-17 regarding the use of competitive sealed proposals and submits to
11-18 the commission a written finding that competitive sealed bidding or
11-19 informal competitive bidding is not practical or is disadvantageous
11-20 to the state for the proposed acquisition:
11-21 (1) prototypical medical equipment not yet available
11-22 on the market;
11-23 (2) medical equipment so new to the market that its
11-24 benefits are not fully known; or
11-25 (3) major medical equipment that is so technically
11-26 complex that development of specifications for competitive bidding
11-27 is not feasible.
12-1 SECTION 12. Article 3, State Purchasing and General Services
12-2 Act (Article 601b, Vernon's Texas Civil Statutes), is amended by
12-3 adding Section 3.0221 to read as follows:
12-4 Sec. 3.0221. COMPETITIVE SEALED PROPOSALS; ACQUISITION OF
12-5 CERTAIN SUPPLIES, MATERIALS, EQUIPMENT, AND ROUTINE SERVICES. (a)
12-6 The commission may follow a procedure using competitive sealed
12-7 proposals to acquire:
12-8 (1) supplies, materials, or equipment if the cost of
12-9 acquisition is $1 million or more; or
12-10 (2) routine services if the cost of acquisition is
12-11 $100,000 or more.
12-12 (b) Only the commission may acquire goods or services using
12-13 competitive sealed proposals under this section. The commission
12-14 may not delegate this authority to a state agency.
12-15 (c) To acquire goods or services using competitive sealed
12-16 proposals under this section, the commission must first determine
12-17 in an open meeting that competitive sealed bidding or informal
12-18 competitive bidding is not practical or is disadvantageous to the
12-19 state.
12-20 (d) The commission shall solicit proposals by a request for
12-21 proposals. The commission shall give public notice of a request
12-22 for proposals in the manner provided for requests for bids under
12-23 Section 3.12 of this article.
12-24 (e) The commission shall consult with appropriate personnel
12-25 of a requisitioning agency to develop specifications for a request
12-26 for competitive sealed proposals under this section.
12-27 (f) The commission shall open each proposal in a manner that
13-1 does not disclose the contents of the proposal during the process
13-2 of negotiating with competing offerors. The commission shall file
13-3 each proposal in a register of proposals, which shall be open for
13-4 public inspection after a contract is awarded unless the register
13-5 contains information that is excepted from disclosure as an open
13-6 record under Section 3, Chapter 424, Acts of the 63rd Legislature,
13-7 Regular Session, 1973 (Article 6252-17a, Vernon's Texas Civil
13-8 Statutes), and its subsequent amendments.
13-9 (g) As provided in a request for proposals and under rules
13-10 adopted by the commission, the commission may discuss acceptable or
13-11 potentially acceptable proposals with offerors to assess an
13-12 offeror's ability to meet the solicitation requirements. After the
13-13 submission of a proposal but before making an award, the commission
13-14 may permit the offeror to revise the proposal in order to obtain
13-15 the best final offer. The commission may not disclose any
13-16 information derived from proposals submitted from competing
13-17 offerors in conducting discussions under this subsection. The
13-18 commission shall provide each offeror with an equal opportunity for
13-19 discussion and revision of proposals.
13-20 (h) The commission shall invite a requisitioning agency to
13-21 participate in discussions conducted under Subsection (g) of this
13-22 section.
13-23 (i) The commission shall make a written award of a contract
13-24 to the offeror whose proposal is the most advantageous to the
13-25 state, considering price and the evaluation factors in the request
13-26 for proposals, except that if the commission finds that none of the
13-27 offers is acceptable, it shall refuse all offers. The contract
14-1 file must state in writing the basis on which the award is made.
14-2 (j) The commission may adopt rules and request assistance
14-3 from other state agencies to perform its responsibilities under
14-4 this section.
14-5 (k) This section does not affect Section 3.022 of this
14-6 article regarding the use of competitive sealed proposals for
14-7 acquiring goods or services related to telecommunications or
14-8 automated information technology.
14-9 SECTION 13. Section 3.04, State Purchasing and General
14-10 Services Act (Article 601b, Vernon's Texas Civil Statutes), is
14-11 amended to read as follows:
14-12 Sec. 3.04. Mental Health and Mental Retardation Community
14-13 Centers; Assistance Organizations. Community centers for mental
14-14 health and mental retardation services that receive <are receiving>
14-15 state grants-in-aid under the provisions of Article 4 of the Texas
14-16 Mental Health and Mental Retardation Act and assistance
14-17 organizations as defined by Section 9.01 of this Act that receive
14-18 any state funds may purchase goods and services <drugs and
14-19 medicines> through the commission.
14-20 SECTION 14. Article 3, State Purchasing and General Services
14-21 Act (Article 601b, Vernon's Texas Civil Statutes), is amended by
14-22 adding Section 3.061 to read as follows:
14-23 Sec. 3.061. GROUP PURCHASING PROGRAMS. (a) Institutions of
14-24 higher education, as defined by Section 61.003, Education Code, are
14-25 authorized to purchase materials, supplies or equipment through
14-26 group purchasing programs that offer discount prices to
14-27 institutions of higher education.
15-1 (b) The commission shall promulgate rules allowing purchases
15-2 through group purchasing programs unless the commission determines
15-3 within a reasonable period of time after receiving notification of
15-4 a particular purchase that a lower price is available through the
15-5 commission.
15-6 (c) The rules shall also include provisions that provide for
15-7 commission determination of compliance with state laws and
15-8 commission rules regarding purchasing with historically
15-9 underutilized businesses.
15-10 (d) This section does not affect other authority granted to
15-11 institutions of higher education under this Act.
15-12 SECTION 15. Section 3.07(b), State Purchasing and General
15-13 Services Act (Article 601b, Vernon's Texas Civil Statutes), is
15-14 amended to read as follows:
15-15 (b) Each emergency purchase made under this section is
15-16 subject to the historically underutilized <disadvantaged> business
15-17 provisions of Section 3.10 of this article.
15-18 SECTION 16. Article 3, State Purchasing and General Services
15-19 Act (Article 601b, Vernon's Texas Civil Statutes), is amended by
15-20 adding Section 3.081 to read as follows:
15-21 Sec. 3.081. CATALOGUE PURCHASE PROCEDURE. (a) A vendor who
15-22 wants to sell or lease automated information systems under this
15-23 section to state agencies covered by the Information Resources
15-24 Management Act (Article 4413(32j), Revised Statutes) shall apply to
15-25 the commission for designation as a "qualified information systems
15-26 vendor" according to an application process promulgated by the
15-27 commission. At a minimum, the application process shall include
16-1 submission of the following elements:
16-2 (1) a catalogue containing all products and services
16-3 eligible for purchase by state agencies, including descriptions of
16-4 each product or service, the list price of each product or service,
16-5 and the price to Texas state agencies of each product or service;
16-6 (2) a maintenance, repair, and support plan for all
16-7 eligible products and services;
16-8 (3) proof of the applicant's financial resources and
16-9 ability to perform; and
16-10 (4) a guarantee that the vendor will make available
16-11 equivalent replacement parts for products sold to Texas for at
16-12 least three years from the date of a product's discontinuation.
16-13 (b) Within 90 days of the effective date of this Act the
16-14 commission shall establish standards and criteria for designating
16-15 qualified information systems vendors on a regional and statewide
16-16 basis. A vendor remains qualified until the commission determines
16-17 the vendor fails to meet the criteria set forth in this section.
16-18 Vendors granted regional status may sell catalogue-listed products
16-19 and services directly to state agencies covered by the Information
16-20 Resources Management Act (Article 4413(32j), Revised Statutes)
16-21 within a region defined by the commission. Vendors granted
16-22 statewide status may sell catalogue-listed products and services
16-23 directly to any state agency covered by the Information Resources
16-24 Management Act (Article 4413(32j), Revised Statutes). The
16-25 commission's standards and criteria shall be developed in
16-26 accordance with the following parameters:
16-27 (1) the ability of the vendor to provide adequate and
17-1 reliable support and maintenance;
17-2 (2) the vendor's ability to provide adequate and
17-3 reliable support and maintenance in the future;
17-4 (3) the technical adequacy and reliability of the
17-5 vendor's products; and
17-6 (4) consistency with standards adopted by the
17-7 Department of Information Resources or a subsequent entity.
17-8 (c) If a vendor is designated by the commission as a
17-9 qualified information systems vendor, the vendor shall publish and
17-10 maintain a catalogue containing all products and services eligible
17-11 for purchase by state agencies, including descriptions of each
17-12 product or service, the list price of each product or service, and
17-13 the price to Texas state agencies of each product or service. The
17-14 vendor shall update the catalogue on an as-needed basis to reflect
17-15 changes in price or the availability of products or services and
17-16 shall forward a copy of each updated catalogue to the commission
17-17 and all eligible purchasers.
17-18 (d) A state agency covered by the Information Resources
17-19 Management Act (Article 4413(32j), Revised Statutes) may purchase
17-20 or lease automated information systems directly from a qualified
17-21 information systems vendor and may negotiate additional terms and
17-22 conditions to be included in contracts relating to the purchase or
17-23 lease, provided the purchase or lease is based on the best value
17-24 available and is in the state's best interest. In determining
17-25 which products or services are in the state's best interest, the
17-26 agency shall consider the following factors:
17-27 (1) installation costs and hardware costs;
18-1 (2) the overall life cycle cost of the system or
18-2 equipment;
18-3 (3) estimated cost of employee training and estimated
18-4 increase in employee productivity;
18-5 (4) estimated software and maintenance costs; and
18-6 (5) compliance with applicable statewide standards
18-7 adopted by the Department of Information Resources or a subsequent
18-8 entity as validated by criteria established by the department or a
18-9 subsequent entity in administrative rule.
18-10 (e) The commission shall establish rules and regulations and
18-11 implement the catalogue purchase procedure set forth in this
18-12 section no later than January 1, 1994.
18-13 (f) Purchases of automated information systems shall be made
18-14 through the catalogue procedure enumerated in this section unless
18-15 the commission or state agency determines that the best value
18-16 available accrues from an alternative purchase method authorized by
18-17 this Act.
18-18 (g) The commission shall make the catalogue purchasing
18-19 procedure enumerated in this section available to local governments
18-20 that qualify for cooperative purchasing under Sections 271.082 and
18-21 271.083, Local Government Code. In this subsection, "local
18-22 government" has the meaning assigned to it by Section 271.081,
18-23 Local Government Code.
18-24 SECTION 17. Section 3.10(b), State Purchasing and General
18-25 Services Act (Article 601b, Vernon's Texas Civil Statutes), is
18-26 amended to read as follows:
18-27 (b) The commission and each state agency shall make a good
19-1 faith effort to assist historically underutilized <disadvantaged>
19-2 businesses to receive not less than 30 <at least 10> percent of the
19-3 total value of all contract awards for the purchase of supplies,
19-4 materials, services, and equipment that the commission or other
19-5 agency expects to make during <for> a <state agency in its> fiscal
19-6 year. The commission and each state agency shall estimate the
19-7 expected total value of the <an agency's> contract awards they
19-8 expect to make that are subject to this subsection not later than
19-9 the 60th day of the agency's fiscal year and may revise the
19-10 estimate as new information requires.
19-11 SECTION 18. Section 3.101, State Purchasing and General
19-12 Services Act (Article 601b, Vernon's Texas Civil Statutes), is
19-13 amended to read as follows:
19-14 Sec. 3.101. Centralized Master Bidders List <lists>.
19-15 (a) This section:
19-16 (1) applies to all purchases or other acquisitions
19-17 under this article, including the acquisition of services, for
19-18 which competitive bidding or competitive sealed proposals are
19-19 required;
19-20 (2) applies to each <all> state agency <agencies> that
19-21 makes <make> purchases or other acquisitions under this article,
19-22 including the commission and agencies that make purchases or other
19-23 acquisitions under Section 3.06 of this article; and
19-24 (3) does not apply to purchases or other acquisitions
19-25 made by the commission under Section 3.11 of this article.
19-26 (b) The commission shall develop a uniform registration form
19-27 for application to do business with the commission or with any
20-1 state agency. The commission and each state agency shall make the
20-2 form available to applicants. The form shall include an
20-3 application for:
20-4 (1) certification as a historically underutilized
20-5 business;
20-6 (2) a payee identification number for use by the
20-7 comptroller; and
20-8 (3) placement on the commission's master bidders list.
20-9 (c) A state agency shall submit to the commission each
20-10 uniform registration form that it receives. The commission shall
20-11 send to the comptroller a copy of each uniform registration form.
20-12 (d) The commission <The registration forms shall constitute
20-13 a valid application for a bidders list by all state agencies.
20-14 Nothing in this subsection shall be construed as preventing any
20-15 state agency from developing and using its own registration form,
20-16 but such forms shall not be required in addition to or in lieu of
20-17 the uniform registration form developed by the commission.>
20-18 <(c) Each state agency> shall maintain a master bidders list
20-19 and annually register on the list the name and address of each
20-20 vendor that applies for registration in accordance with rules
20-21 adopted under this section. The commission <An agency> may include
20-22 other relevant vendor information on the list. Each state agency
20-23 shall solicit bids or proposals from all eligible vendors on the
20-24 list that serve the agency's geographic region, as provided by this
20-25 section, when the agency proposes to make a purchase or other
20-26 acquisition that will cost more than $15,000 <$5,000>. The
20-27 commission shall maintain the master bidders list in a manner that
21-1 facilitates a state agency's solicitation of vendors that serve the
21-2 agency's geographic area.
21-3 (e) The commission shall make the master bidders list
21-4 available to each state agency that makes purchases or other
21-5 acquisitions to which this section applies. The commission shall
21-6 provide access to the list either electronically or in another
21-7 format, depending on the needs of each state agency.
21-8 (f) The commission <(d) A state agency> may charge
21-9 applicants for registration a fee and may charge registrants an
21-10 annual renewal fee in an amount designed to recover the
21-11 commission's <agency's> costs in developing and maintaining the
21-12 master <its> bidders list and in soliciting bids or proposals under
21-13 this section. The commission <An agency> shall set the amount of
21-14 the fees by rule.
21-15 (g) The commission <(e) Each state agency> shall adopt
21-16 procedures for developing and maintaining the master <its> bidders
21-17 list and procedures for removing inactive vendors from the list.
21-18 (h) The commission <(f) Each state agency> shall establish
21-19 by rule a vendor classification process under which only vendors
21-20 that may be able to make a bid or proposal on a particular purchase
21-21 or other acquisition are solicited under this section.
21-22 (i) A state agency may maintain and use its own bidders list
21-23 only if the commission determines by rule that the agency has
21-24 specialized needs that can best be met through maintaining and
21-25 using its own specialized bidders list. The commission by rule may
21-26 prescribe the categories of purchases or other acquisitions for
21-27 which an agency's specialized bidders list may be used. An agency
22-1 may supplement the bidders list with its own list of historically
22-2 underutilized businesses if it determines that supplementation will
22-3 increase the number of historically underutilized businesses that
22-4 submit bids.
22-5 (j) <(g)> The commission may establish by rule a process
22-6 under which the requirement for soliciting bids or proposals from
22-7 eligible vendors on a <the> bidders list may be waived for
22-8 appropriate state agencies or appropriate purchases or other
22-9 acquisitions in circumstances in which the requirement is not
22-10 warranted. The commission also may assist state agencies regarding
22-11 issues that arise under this section.
22-12 SECTION 19. Section 3.15(h), State Purchasing and General
22-13 Services Act (Article 601b, Vernon's Texas Civil Statutes), is
22-14 amended to read as follows:
22-15 (h) This section does not apply to interagency purchases or
22-16 transactions. Interagency purchases and transactions must be
22-17 accomplished on special vouchers or electronically as prescribed by
22-18 the comptroller <of public accounts. The commission shall audit
22-19 all interagency purchases and transactions after they have been
22-20 completed>.
22-21 SECTION 20. Section 3.29(a), State Purchasing and General
22-22 Services Act (Article 601b, Vernon's Texas Civil Statutes), is
22-23 amended to read as follows:
22-24 (a) A state agency may not purchase or lease a vehicle
22-25 designed or used primarily for the transportation of persons,
22-26 including a station wagon, that has a wheel base longer than 113
22-27 inches or that has more than 160 SAE net horsepower, except that
23-1 the vehicle may have a wheel base of up to 116 inches or SAE net
23-2 horsepower of up to 280 if the vehicle will be converted so that it
23-3 is capable of using compressed natural gas or another alternative
23-4 fuel that results in comparably lower emissions of oxides of
23-5 nitrogen, volatile organic compounds, carbon monoxide, or
23-6 particulates. This exception to the wheel base and horsepower
23-7 limitations applies to a state agency regardless of the size of the
23-8 agency's vehicle fleet. The wheel base and horsepower limitations
23-9 prescribed by this subsection do <This provision does> not apply to
23-10 the purchase or lease of a vehicle to be used primarily for
23-11 criminal law enforcement or a bus, motorcycle, pickup, van, truck,
23-12 three-wheel vehicle, tractor, or ambulance.
23-13 SECTION 21. Section 4.01, State Purchasing and General
23-14 Services Act (Article 601b, Vernon's Texas Civil Statutes), is
23-15 amended by amending Subsection (a) and by adding Subsection (d) to
23-16 read as follows:
23-17 (a) The commission shall have charge and control of all
23-18 public buildings, grounds and property of the state, and is the
23-19 custodian of all public personal property, and is responsible for
23-20 the proper care and protection of such property from damage,
23-21 intrusion, or improper usage. <The commission is expressly
23-22 directed to take any steps necessary to protect public buildings
23-23 against any existing or threatened fire hazards.> The commission
23-24 is authorized to provide for the allocation of space in any of the
23-25 public buildings to the departments of the state government for the
23-26 uses authorized by law, and is authorized to make any repairs to
23-27 any such buildings or parts thereof necessary to the serviceable
24-1 accommodation of the uses to which such buildings or space therein
24-2 may be allotted.
24-3 (d) The commission may allocate space in buildings in the
24-4 Texas Judicial Complex only to:
24-5 (1) a court;
24-6 (2) a judicial agency;
24-7 (3) the attorney general's office;
24-8 (4) the Texas Department of Criminal Justice;
24-9 (5) the Texas Youth Commission;
24-10 (6) the Criminal Justice Policy Council;
24-11 (7) the State Commission on Judicial Conduct;
24-12 (8) the State Office of Administrative Hearings;
24-13 (9) the Board of Law Examiners;
24-14 (10) the Interagency Council on Sex Offender
24-15 Treatment;
24-16 (11) building security;
24-17 (12) building maintenance; or
24-18 (13) a vending facility operated under Chapter 94,
24-19 Human Resources Code.
24-20 SECTION 22. Article 4, State Purchasing and General Services
24-21 Act (Article 601b, Vernon's Texas Civil Statutes), is amended by
24-22 adding Section 4.082 to read as follows:
24-23 Sec. 4.082. TEXAS JUDICIAL COMPLEX. "Texas Judicial
24-24 Complex" is the collective name of the Supreme Court Building, the
24-25 Tom C. Clark State Courts Building, and the Price Daniel, Sr.,
24-26 Building.
24-27 SECTION 23. Section 4.01, State Purchasing and General
25-1 Services Act (Article 601b, Vernon's Texas Civil Statutes), is
25-2 amended by adding Subsection (b-1) to read as follows:
25-3 (b-1) The space in the old State Board of Insurance State
25-4 Office Building, located on San Jacinto Street between 11th and
25-5 12th streets in Austin, is allocated to the legislature and
25-6 legislative agencies for their use. The presiding officers of each
25-7 house of the legislature shall jointly decide the allocation of the
25-8 space within the building.
25-9 SECTION 24. Section 4.13, State Purchasing and General
25-10 Services Act (Article 601b, Vernon's Texas Civil Statutes), is
25-11 transferred to Chapter 443, Government Code, designated as Section
25-12 443.020, and amended to read as follows:
25-13 Sec. 443.020 <4.13>. Pass Keys to Rooms in the Capitol. Any
25-14 person who shall make or have made or keep in his possession a pass
25-15 or master key to the rooms and apartments in the state capitol,
25-16 unless authorized to do so, shall be fined not exceeding $100.
25-17 SECTION 25. Section 5.16(c), State Purchasing and General
25-18 Services Act (Article 601b, Vernon's Texas Civil Statutes), is
25-19 amended to read as follows:
25-20 (c) A project analysis shall consist of (1) a complete
25-21 description of the facility or project together with a
25-22 justification of such facility or project prepared by the using
25-23 agency, (2) a detailed estimate of the amount of space needed to
25-24 meet the needs of the using agency and to allow for realistic
25-25 future growth, (3) a description of the proposed facility prepared
25-26 by an architect/engineer and including schematic plans and outline
25-27 specifications describing the type of construction and probable
26-1 materials to be used, sufficient to establish the general scope and
26-2 quality of construction, (4) an estimate of the probable cost of
26-3 construction, (5) a description of the proposed site of the project
26-4 and an estimate of the cost of site preparation, (6) an overall
26-5 estimate of the cost of the project, (7) the information about
26-6 historic structures considered instead of new construction that was
26-7 prepared as required by Section 5.01A of this article, <and> (8) an
26-8 evaluation of energy alternatives as required by Section 5.161 of
26-9 this article, and (9) other information as required by the
26-10 commission. A project analysis may include two or more alternative
26-11 proposals for meeting the space needs of the using agency by (1)
26-12 new construction, (2) acquisition and rehabilitation of an existing
26-13 or historic structure, or (3) a combination of the above. If any
26-14 part of the project involves the construction or rehabilitation of
26-15 a building that is to be used primarily as a parking garage or for
26-16 office space for the state government, the project analysis also
26-17 shall include a description of the amount and location of space in
26-18 the building that can be made available for lease, under Section
26-19 4.15 of this Act, to private tenants or shall include a statement
26-20 of the reason that the lease of space in the building to private
26-21 tenants is not feasible. All estimates involved in the preparation
26-22 of a project analysis shall be carefully and fully documented and
26-23 incorporated into the project analysis.
26-24 Throughout the preparation of the project analysis, the
26-25 commission and any private architect/engineer employed by the
26-26 commission shall work closely and cooperatively with the using
26-27 agency to the end that the project analysis shall fully reflect the
27-1 needs of the using agency.
27-2 The using agency shall use the cost of the project as
27-3 determined by such project analysis as the basis of its request to
27-4 the budget offices of this state.
27-5 SECTION 26. Article 5, State Purchasing and General Services
27-6 Act (Article 601b, Vernon's Texas Civil Statutes), is amended by
27-7 adding Section 5.161 to read as follows:
27-8 Sec. 5.161. EVALUATION OF ENERGY ALTERNATIVES. (a) For
27-9 each project for which a project analysis is prepared under Section
27-10 5.16 of this article, and for which the construction, alteration,
27-11 or repair involves installing or replacing all or part of an energy
27-12 system, energy source, or energy-consuming equipment, the
27-13 commission, or the private architect/engineer employed by the
27-14 commission, shall prepare a written evaluation of energy
27-15 alternatives for the project.
27-16 (b) An evaluation prepared under this section shall include
27-17 information about the economic and environmental impact of various
27-18 energy alternatives, including an evaluation of economic and
27-19 environmental costs both initially and over the life of the system,
27-20 source, or equipment.
27-21 (c) An evaluation under this section shall identify the best
27-22 energy alternative for the project considering both economic and
27-23 environmental costs and benefits.
27-24 SECTION 27. Section 5.22, State Purchasing and General
27-25 Services Act (Article 601b, Vernon's Texas Civil Statutes), is
27-26 amended by amending Subsection (b) and adding Subsection (d) to
27-27 read as follows:
28-1 (b) Responsibility for the selection of a private
28-2 architect/engineer employed for any project covered by the
28-3 provisions of this article shall be vested in the commission. The
28-4 commission shall adopt rules that state the criteria the commission
28-5 uses to evaluate the competence and qualifications of private
28-6 architects/engineers. The commission shall develop the rules in
28-7 consultation with the Texas Board of Architectural Examiners and
28-8 the State Board of Registration for Professional Engineers. Except
28-9 in an emergency, the <The> commission shall allow each private
28-10 architect/engineer selected for an interview at least 30 days after
28-11 the date the commission notifies the architect/engineer to prepare
28-12 for the interview.
28-13 (d) In this section, an emergency is a situation that:
28-14 (1) presents an imminent peril to the public health,
28-15 safety, or welfare;
28-16 (2) presents an imminent peril to property;
28-17 (3) requires expeditious action to prevent a hazard to
28-18 life, health, safety, welfare, or property; or
28-19 (4) requires expeditious action to avoid undue
28-20 additional cost to a state agency or the state.
28-21 SECTION 28. Section 5.26, State Purchasing and General
28-22 Services Act (Article 601b, Vernon's Texas Civil Statutes), is
28-23 amended by amending Subsection (b) and by adding Subsection (c) to
28-24 read as follows:
28-25 (b) The commission shall cause the uniform general
28-26 conditions of state building construction contracts to be reviewed
28-27 whenever in its opinion such review is desirable, but in no event
29-1 less frequently than once every five years. The review shall be
29-2 made by a committee appointed by the commission consisting of the
29-3 director of facilities construction and space management, who shall
29-4 serve ex officio as chairman of the committee and who shall vote
29-5 only in the event of a tie; one person <two persons> appointed by
29-6 the commission from a list of nominees submitted to it by the
29-7 President of the Texas Society of Architects; one person <two
29-8 persons> appointed by the commission from a list of nominees
29-9 submitted to it by the President of the Texas Society of
29-10 Professional Engineers; one person <two persons> appointed by the
29-11 commission from a list of nominees submitted to it by the Chairman
29-12 of the Executive Council of the Texas Associated General
29-13 Contractors Chapters; one person <and two persons> appointed by the
29-14 commission from the list of nominees submitted to it by the
29-15 Executive Secretary of the Mechanical Contractors Associations of
29-16 Texas, Incorporated; one person appointed by the commission from a
29-17 list of nominees submitted to it by the Executive Secretary of the
29-18 Texas Building and Construction Trades Council; one person
29-19 appointed by the commission from a list of nominees submitted to it
29-20 by the President of the Associated Builders and Contractors of
29-21 Texas; one person appointed by the commission from a list of
29-22 nominees submitted to it by the Executive Director of the National
29-23 Association of Minority Contractors residing in Texas; one person
29-24 appointed by the commission representing an institution of higher
29-25 education, as defined by Section 61.003, Education Code; one person
29-26 appointed by the commission representing a state agency that has a
29-27 substantial ongoing construction program; and one person appointed
30-1 by the commission representing the attorney general's office.
30-2 Members of any review committee appointed pursuant to this
30-3 subsection shall serve without compensation but may be reimbursed
30-4 for their necessary and actual expenses.
30-5 (c) Any contract covered by this section that is not
30-6 excepted by Sections 5.13 and 5.14 shall be considered to have an
30-7 arbitration clause as a part of the contract covering any dispute
30-8 or claim arising out of the contract. A party to a contract with a
30-9 claim or dispute against the other party shall give 30 days'
30-10 written notice of the nature and extent of the claim or dispute.
30-11 If the matters are not resolved within this notice period, either
30-12 party may commence arbitration by giving the other a written
30-13 request for arbitration and arbitrators shall be appointed. The
30-14 arbitrators shall be selected as provided in the contract. If the
30-15 contract does not provide for the selection of arbitrators, each
30-16 party shall appoint one arbitrator. The two appointed arbitrators
30-17 shall select a third arbitrator. All arbitrators shall be
30-18 uninterested parties and have no affiliation with either party to
30-19 the contract. The parties shall make their appointments within 10
30-20 business days after a written request for arbitration is delivered
30-21 from one party to another. The third arbitrator shall be appointed
30-22 within 10 business days after the appointment of the party
30-23 arbitrators. The arbitration shall be conducted within 20 business
30-24 days after the appointments are made. The decision of the
30-25 arbitrators shall be binding on the parties. The arbitration shall
30-26 be governed by and may be compelled and enforced under the Texas
30-27 General Arbitration Act (Article 224 et seq., Revised Statutes) or
31-1 under the United States Arbitration Act (9 U.S.C. Section 1 et
31-2 seq.), if applicable. The arbitration award shall not include
31-3 punitive or exemplary damages nor attorney's fees. Arbitration may
31-4 not be requested after the first anniversary of the completion of
31-5 the work under the contract.
31-6 The Comptroller, with the assistance of the Center for Public
31-7 Policy Dispute Resolution of The University of Texas School of Law,
31-8 shall review the performance of the dispute resolution system
31-9 created herein and shall furnish a report to the 75th Legislature
31-10 in its Regular Session.
31-11 This subsection expires on September 1, 1995, except that the
31-12 subsection remains in effect for the limited purpose of governing
31-13 an arbitration proceeding that begins before that date. For the
31-14 purpose of the expiration date, an arbitration proceeding begins
31-15 before September 1, 1995, if the written request for arbitration is
31-16 sent on or before August 31, 1995.
31-17 SECTION 29. Section 5.32(b)(1), State Purchasing and General
31-18 Services Act (Article 601b, Vernon's Texas Civil Statutes), is
31-19 amended to read as follows:
31-20 (1) "Solar energy" means <radiant> energy from the sun
31-21 that may be collected and converted into useful thermal,
31-22 mechanical, or electrical energy. The term includes biomass energy
31-23 that is created in living plants through photosynthesis, wind
31-24 energy, and other renewable energy resources.
31-25 SECTION 30. Section 5.32(c), State Purchasing and General
31-26 Services Act (Article 601b, Vernon's Texas Civil Statutes), is
31-27 amended to read as follows:
32-1 (c) During the planning phase of the proposed construction
32-2 of a new state building, the commission or, if the construction is
32-3 included in the exceptions prescribed by Section 5.13 of this
32-4 article, the governing body of the appropriate agency or
32-5 institution shall verify in an open meeting <determine> the
32-6 economic feasibility of incorporating solar energy devices for
32-7 space heating, cooling, water heating, electrical loads, and
32-8 interior lighting into the building's design and proposed energy
32-9 system. Economic feasibility for each function shall be determined
32-10 by comparing the estimated cost of providing energy for the
32-11 function <procurement> using conventional design practices and
32-12 energy systems with the estimated cost of providing energy for the
32-13 function using solar energy devices during the economic life of the
32-14 proposed new building.
32-15 SECTION 31. Section 5.36, State Purchasing and General
32-16 Services Act (Article 601b, Vernon's Texas Civil Statutes), is
32-17 amended to read as follows:
32-18 Sec. 5.36. Public works contracts with certain businesses.
32-19 A state agency that enters into a contract for a project, including
32-20 a project constructed by or for an agency otherwise excepted under
32-21 Section 5.13 of this article, shall make a good faith effort to
32-22 assist historically underutilized <disadvantaged> businesses to
32-23 receive not less than 30 <at least 10> percent of the total value
32-24 of each construction contract award that the agency expects to make
32-25 in its fiscal year. Each agency shall estimate the expected total
32-26 value of contract awards under this article not later than the 60th
32-27 day of its fiscal year and may revise the estimate as new
33-1 information requires.
33-2 SECTION 32. Article 5, State Purchasing and General Services
33-3 Act (Article 601b, Vernon's Texas Civil Statutes), is amended by
33-4 adding Section 5.37 to read as follows:
33-5 Sec. 5.37. SMALL CONTRACTOR PARTICIPATION ASSISTANCE
33-6 PROGRAM. (a) In this section:
33-7 (1) "Program" means the small contractor participation
33-8 assistance program created under this section.
33-9 (2) "Public works project" means a construction
33-10 project designed to serve the public necessity, use, or convenience
33-11 that is undertaken and carried out by the commission. The term
33-12 includes a project for the construction, alteration, or repair of a
33-13 public building.
33-14 (3) "Small business concern" has the meaning assigned
33-15 by the Small Business Act (15 U.S.C. Section 631 et seq.) and its
33-16 subsequent amendments.
33-17 (4) "Small contractor" means a contractor that
33-18 operates as a small business concern.
33-19 (b) This section applies only to a contract for a public
33-20 works project for which the estimated cost exceeds $20 million.
33-21 (c) Not later than January 1, 1994, the commission shall
33-22 establish a small contractor participation assistance program to
33-23 ensure full opportunity for participation in public works projects
33-24 by small contractors. A program established under this section
33-25 must include:
33-26 (1) a system for the centralized purchase of any
33-27 necessary insurance coverage for the public works project that is
34-1 required under Subsection (d) of this section;
34-2 (2) a public outreach plan to provide public
34-3 information about the program and to encourage small contractors to
34-4 participate in the program;
34-5 (3) a technical assistance plan to aid small
34-6 contractors to develop the skills necessary to participate in the
34-7 program in accordance with Subsection (e) of this section; and
34-8 (4) a financing assistance plan to provide
34-9 administrative and other assistance to small contractors in
34-10 obtaining any necessary financing arrangements to make the
34-11 participation of those contractors possible.
34-12 (d) The commission shall provide for the centralized
34-13 purchasing of:
34-14 (1) workers' compensation insurance coverage;
34-15 (2) employer's liability insurance coverage;
34-16 (3) commercial general and excess liability coverage;
34-17 (4) payment and performance bonds; and
34-18 (5) any other analogous coverage the commission
34-19 considers necessary and reasonable for the particular public works
34-20 project.
34-21 (e) A technical assistance plan adopted by the commission
34-22 must include information on and assistance in:
34-23 (1) estimating bids, the bidding process, scheduling,
34-24 and understanding bid documents;
34-25 (2) reading construction drawings and other analogous
34-26 documents;
34-27 (3) business accounting, bonds, and bond requirements;
35-1 (4) negotiation with general contractors; and
35-2 (5) any other technical and administrative assistance
35-3 considered appropriate and necessary given the complexity and scope
35-4 of the particular public works project.
35-5 (f) The commission may negotiate contracts with persons or
35-6 firms having expertise in the areas that must be included in the
35-7 commission's technical assistance plan to provide the information
35-8 and assistance.
35-9 SECTION 33. Section 6.01, State Purchasing and General
35-10 Services Act (Article 601b, Vernon's Texas Civil Statutes), is
35-11 amended to read as follows:
35-12 Sec. 6.01. Definition. In this article, "space" means
35-13 office space, warehouse space, laboratory space, storage space
35-14 exceeding 1,000 gross square feet, or any combination thereof, but
35-15 does not include aircraft hangar space, radio antenna space, boat
35-16 storage space, vehicle parking space, residential space for a Texas
35-17 Department of Mental Health and Mental Retardation program,
35-18 residential space for a Texas Youth Commission program, or space to
35-19 be utilized for less than one month for meetings, conferences,
35-20 seminars, conventions, displays, examinations, auctions, or other
35-21 similar purposes.
35-22 SECTION 34. Article 6, State Purchasing and General Services
35-23 Act (Article 601b, Vernon's Texas Civil Statutes), is amended by
35-24 adding Section 6.021 to read as follows:
35-25 Sec. 6.021. SPACE USE STUDY; LIMITATION ON ALLOCATION OF
35-26 SPACE. (a) The commission periodically shall conduct a study to
35-27 determine the space requirements of various state agencies that
36-1 occupy space under the commission's charge and control, including
36-2 state-owned space and space leased from other sources.
36-3 (b) The commission shall use the results of the study to:
36-4 (1) determine the optimal amount of space required for
36-5 various state agency uses; and
36-6 (2) allocate space to state agencies in the best and
36-7 most efficient manner possible.
36-8 (c) The commission may not allocate space to a state agency
36-9 as defined in Articles I and II of the General Appropriations Act
36-10 that exceeds an average of 153 square feet for each agency employee
36-11 for each agency site for usable office space as defined by the
36-12 General Services Commission, with the exception of an agency site
36-13 at which 15 or fewer employees are located, insofar as possible
36-14 without sacrifice of critical public or client services by the end
36-15 of the 1994-1995 biennium. This subsection does not apply to:
36-16 (1) warehouse space;
36-17 (2) laboratory space;
36-18 (3) storage space exceeding 1,000 gross square feet;
36-19 (4) library space;
36-20 (5) space for hearing rooms to conduct hearings
36-21 required under the Administrative Procedure and Texas Register Act
36-22 (Article 6252-13a, Vernon's Texas Civil Statutes); or
36-23 (6) another type of space specified by commission
36-24 rule, if the commission determines that it is not practical to
36-25 apply this subsection to the specified space.
36-26 (d) The commission shall conduct a study under this section
36-27 at least once during each state fiscal biennium.
37-1 (e) This section does not apply to space that is not
37-2 occupied by a state agency as defined by Section 1.02 of this Act.
37-3 SECTION 35. Section 9.13, State Purchasing and General
37-4 Services Act (Article 601b, Vernon's Texas Civil Statutes), is
37-5 amended to read as follows:
37-6 Sec. 9.13. Exemption. For purposes of this article the
37-7 terms "surplus" and "salvage" shall not apply to products and
37-8 by-products of research, forestry, agricultural, livestock, and
37-9 industrial enterprises <in excess of that quantity required for
37-10 consumption by the producing agency when such agencies have a
37-11 continuing and adequate system of marketing research and sales, the
37-12 efficiency of which shall be certified to the commission by the
37-13 state auditor. A qualifying agency shall furnish the commission
37-14 with a copy of the rules and regulations and latest revisions
37-15 thereof promulgated by the policy-making body of each agency or
37-16 institution for the guidance and administration of the programs
37-17 enumerated herein. When requested by such agency or institution to
37-18 do so, the commission shall dispose of the property as provided for
37-19 in this article>.
37-20 SECTION 36. Section 10.02, State Purchasing and General
37-21 Services Act (Article 601b, Vernon's Texas Civil Statutes), is
37-22 amended by amending Subsection (e) and adding Subsection (g) to
37-23 read as follows:
37-24 (e) The commission, Department of Information Resources, and
37-25 comptroller shall negotiate rates and execute contracts with
37-26 telecommunications service providers for services. Those entities
37-27 may acquire transmission facilities by purchase, lease, or
38-1 lease-purchase in accordance with Article 3 of this Act<, which
38-2 shall be done on a competitive bid basis if possible>. Those
38-3 entities may develop, establish, and maintain carrier systems
38-4 necessary to the operation of the telecommunications system. The
38-5 commission may own, lease, or lease-purchase any or all of the
38-6 facilities or equipment necessary to provide telecommunications
38-7 services in accordance with Article 3 of this Act.
38-8 (g) A representative of the Central Education Agency and a
38-9 representative of the Texas Higher Education Coordinating Board
38-10 shall review and comment on telecommunications plans developed by
38-11 the commission, the Department of Information Resources, and the
38-12 comptroller under this section. The participation of the Central
38-13 Education Agency and the Texas Higher Education Coordinating Board
38-14 is for the limited purpose of coordinating the statewide
38-15 telecommunications system developed under this article with the
38-16 telecommunications systems of educational entities that are not
38-17 subject to this article. A representative of the Central Education
38-18 Agency or the Texas Higher Education Coordinating Board under this
38-19 section acts in an advisory capacity only and is not entitled to
38-20 vote on decisions made under this article.
38-21 SECTION 37. Section 10.05, State Purchasing and General
38-22 Services Act (Article 601b, Vernon's Texas Civil Statutes), is
38-23 amended to read as follows:
38-24 Sec. 10.05. SHARING OF SERVICES OR FACILITIES.
38-25 Telecommunications facilities and services, to the extent feasible
38-26 and desirable, shall be provided on an integrated or shared basis,
38-27 or both, among and between entities authorized to use the
39-1 consolidated telecommunications systems under this Article 10 to
39-2 avoid waste of state funds and manpower. Such sharing or
39-3 integrated use does not constitute the resale or carriage of
39-4 services and does not subject the system to regulation or reporting
39-5 under the Public Utility Regulatory Act (Article 1446c, Vernon's
39-6 Texas Civil Statutes).
39-7 SECTION 38. Section 10.09(d), State Purchasing and General
39-8 Services Act (Article 601b, Vernon's Texas Civil Statutes), is
39-9 amended to read as follows:
39-10 (d) The commission shall prepare and issue a revised
39-11 centralized telephone service directory not later than March 31 <in
39-12 February> of each year.
39-13 SECTION 39. Section 14.01, State Purchasing and General
39-14 Services Act (Article 601b, Vernon's Texas Civil Statutes), is
39-15 amended to read as follows:
39-16 Sec. 14.01. Division. The travel division of the commission
39-17 is composed of the central travel office and the office of vehicle
39-18 fleet management <maintenance>. The commission shall adopt rules
39-19 to implement this article, including rules related to:
39-20 (1) the structure of travel agency contracts that the
39-21 commission makes;
39-22 (2) the procedures the commission uses in requesting
39-23 and evaluating bids or proposals for travel agency contracts from
39-24 providers; and
39-25 (3) the use of negotiated contract rates for travel
39-26 services by state agencies.
39-27 SECTION 40. Section 14.02(b), State Purchasing and General
40-1 Services Act (Article 601b, Vernon's Texas Civil Statutes), is
40-2 amended to read as follows:
40-3 (b) <The central travel office shall initially provide
40-4 services to designated agencies located in Travis County and shall
40-5 extend its services to all state agencies as it develops the
40-6 capability to do so.> The office may negotiate contracts with
40-7 private travel agents, with travel and transportation providers,
40-8 and with credit card companies that provide travel services and
40-9 other benefits to the state. The commission shall make contracts
40-10 with more than one provider of travel agency services. Contracts
40-11 entered into under this section are not subject to the competitive
40-12 bidding requirements imposed under Article 3 of this Act. The
40-13 comptroller of public accounts shall audit for compliance of rules
40-14 adopted to enforce the provisions of this section.
40-15 SECTION 41. The State Purchasing and General Services Act
40-16 (Article 601b, Vernon's Texas Civil Statutes) is amended by adding
40-17 Article 15 to read as follows:
40-18 ARTICLE 15. COUNCIL ON COMPETITIVE GOVERNMENT
40-19 Sec. 15.01. DEFINITIONS. In this article:
40-20 (1) "Commercial activity" means an activity that
40-21 provides a product or service that is commonly available from a
40-22 private source.
40-23 (2) "Council" means the State Council on Competitive
40-24 Government.
40-25 (3) "Identified state service" means a service
40-26 provided by the state that the council has identified as a
40-27 commercially available service and brought under study by the
41-1 council to determine whether the service may better be provided
41-2 through competition with private commercial sources.
41-3 (4) "State agency" has the meaning established by
41-4 Section 1.02(2) of this Act.
41-5 Sec. 15.02. STATE COUNCIL ON COMPETITIVE GOVERNMENT. The
41-6 State Council on Competitive Government is established. It is the
41-7 policy of this state that all state services be performed in the
41-8 most effective and efficient manner in order to be the best value
41-9 to the citizens of the state and the state recognizes competition
41-10 among service providers may improve the quality of service
41-11 provided. The state shall encourage competition, innovation, and
41-12 creativity among service providers.
41-13 Sec. 15.03. MEMBERSHIP. (a) The council consists of the
41-14 following persons or their designees:
41-15 (1) the governor;
41-16 (2) the lieutenant governor;
41-17 (3) the comptroller;
41-18 (4) the speaker of the house of representatives;
41-19 (5) the commission's presiding officer under Section
41-20 2.04(a) of this Act; and
41-21 (6) the commissioner of the Texas Employment
41-22 Commission representing labor.
41-23 (b) The governor is presiding officer of the board.
41-24 (c) If the speaker of the house of representatives is not
41-25 permitted by the constitution to serve as a voting member of the
41-26 board, the speaker serves as a nonvoting member.
41-27 Sec. 15.04. MEETINGS. The council shall meet as often as
42-1 necessary to perform its duties.
42-2 Sec. 15.05. DUTIES. The council shall identify commercially
42-3 available services currently being performed by state agencies and,
42-4 if the council determines that these services may better be
42-5 provided through competition with private commercial sources or
42-6 other state agency service providers, require a state agency to
42-7 engage in any process, including competitive bidding, developed by
42-8 the council to provide the service in competition with private
42-9 commercial sources or other state agency service providers.
42-10 Sec. 15.06. POWERS. In performing its duties under this
42-11 article, the council may:
42-12 (1) adopt rules governing any aspect of the council's
42-13 duties or responsibilities;
42-14 (2) hold public hearings or conduct studies;
42-15 (3) consult with private commercial sources;
42-16 (4) require a state agency to conduct an agency
42-17 in-house cost estimate, a management study, or any other hearing,
42-18 study, review, or cost estimate concerning any aspect of an
42-19 identified state service;
42-20 (5) develop and require for use by state agencies
42-21 methods to accurately and fairly estimate and account for the cost
42-22 of providing an identified state service;
42-23 (6) require that an identified state service be
42-24 submitted to competitive bidding or another process that creates
42-25 competition with private commercial sources;
42-26 (7) prescribe, in consultation with affected state
42-27 agencies, the specifications and conditions of purchase procedures
43-1 that must be followed by the commission and a state agency or a
43-2 private commercial source engaged in competitive bidding to provide
43-3 an identified state service;
43-4 (8) award a contract to a state agency currently
43-5 providing the service, another state agency, a private commercial
43-6 source, or any combination of those entities, if the bidder
43-7 presents the best and most reasonable bid, which is not necessarily
43-8 the lowest bid; and
43-9 (9) determine the terms and conditions of a contract
43-10 for service or interagency contract to provide an identified state
43-11 service or other commercially available service.
43-12 Sec. 15.07. COST COMPARISON AND CONTRACT CONSIDERATIONS. In
43-13 comparisons of the cost of providing a service the council must
43-14 consider the cost of supervising the work of any private
43-15 contractor. All bids or contracts must include an analysis of
43-16 health care benefits, retirement, and workers' compensation
43-17 insurance for employees of the contractor which are reasonably
43-18 comparable to those of the state. The council must also consider
43-19 the total cost to the agency of that agency's performing a service,
43-20 such total cost to include all indirect costs related to that
43-21 agency including costs of such agencies as the comptroller, the
43-22 treasurer, the attorney general, and other such support agencies.
43-23 Sec. 15.08. DUTIES OF AFFECTED STATE AGENCIES. A state
43-24 agency shall perform any activities required by the council in the
43-25 performance of its duties or the exercise of its powers under this
43-26 article.
43-27 Sec. 15.09. EXEMPTION. Contracts made by the council and
44-1 decisions regarding whether an agency shall engage in competitive
44-2 bidding are exempt from all state laws regulating or limiting state
44-3 purchasing and purchasing decisions.
44-4 Sec. 15.10. OPEN MEETINGS AND OPEN RECORDS LAWS. The
44-5 council is subject to the open meetings law, Chapter 271, Acts of
44-6 the 60th Legislature, Regular Session, 1967 (Article 6252-17,
44-7 Vernon's Texas Civil Statutes), and its subsequent amendments, and
44-8 the open records law, Chapter 424, Acts of the 63rd Legislature,
44-9 Regular Session, 1973 (Article 6252-17a, Vernon's Texas Civil
44-10 Statutes), and its subsequent amendments.
44-11 SECTION 42. Section 2, Texas Public Finance Authority Act
44-12 (Article 601d, Vernon's Texas Civil Statutes), is amended to read
44-13 as follows:
44-14 Sec. 2. PURPOSE. (a) The purpose of this Act is to provide
44-15 a method of financing:
44-16 (1) for the acquisition or construction of buildings
44-17 in Travis County, Texas; and
44-18 (2) for the purchase or lease of equipment by state
44-19 agencies.
44-20 (b) In this section, "state agency" has the meaning assigned
44-21 by Section 1.02, State Purchasing and General Services Act (Article
44-22 601b, Vernon's Texas Civil Statutes).
44-23 SECTION 43. Subsection (a), Section 9A, Texas Public Finance
44-24 Authority Act (Article 601d, Vernon's Texas Civil Statutes), is
44-25 amended to read as follows:
44-26 (a) The authority may issue and sell obligations for the
44-27 financing of a lease or other agreement so long as the agreement
45-1 concerns equipment that a state agency has purchased or leased or
45-2 intends to purchase or lease. The authority's power to issue
45-3 obligations includes the power to issue and sell obligations for
45-4 the financing of a package of agreements involving one or more
45-5 state agencies. In this subsection, "state agency" has the meaning
45-6 assigned by Section 1.02, State Purchasing and General Services Act
45-7 (Article 601b, Vernon's Texas Civil Statutes).
45-8 SECTION 44. Subsection (c), Section 24A, Texas Public
45-9 Finance Authority Act (Article 601d, Vernon's Texas Civil
45-10 Statutes), is amended to read as follows:
45-11 (c) Notwithstanding the limitations prescribed by Section 9
45-12 of this Act relating to the location of buildings for which bonds
45-13 may be issued, the authority may issue bonds under this Act to
45-14 finance the renovation of West Building, G. J. Sutton State Office
45-15 Complex in Bexar County, at an estimated cost of $1,375,000; the
45-16 construction or purchase and renovation of a building or buildings
45-17 by the commission <State Purchasing and General Services
45-18 Commission> in Tarrant County, at an estimated cost of $10,000,000;
45-19 <and> the construction or purchase and renovation of a building or
45-20 buildings by the commission <State Purchasing and General Services
45-21 Commission> in Harris County, at an estimated cost of $20,000,000;
45-22 and the purchase and renovation of a building or buildings by the
45-23 commission in McLennan County, at an estimated cost of $5,000,000.
45-24 For purposes of this subsection regarding Tarrant and Harris
45-25 counties, the commission <State Purchasing and General Services
45-26 Commission> shall, prior to requesting the authority to issue
45-27 bonds, prepare project analyses for the potential construction
46-1 projects and subsequent thereto perform an alternative purchase
46-2 analysis pursuant to the provisions of Section 5.34, State
46-3 Purchasing and General Services Act (Article 601b, Vernon's Texas
46-4 Civil Statutes).
46-5 SECTION 45. Section 27, Texas Public Finance Authority Act
46-6 (Article 601d, Vernon's Texas Civil Statutes), is amended to read
46-7 as follows:
46-8 Sec. 27. Purchase and Renovation of Texas Employment
46-9 Commission Property. (a) The Texas Employment Commission shall
46-10 sell to the commission office buildings and parking facilities in
46-11 its possession in or near the Capitol Complex, and the commission
46-12 shall purchase and renovate the buildings and parking facilities,
46-13 at an estimated cost of $46,000,000. The purchase and renovation
46-14 is approved for financing in accordance with Section 9 of this Act
46-15 and bonds may be issued to finance the purchase and renovation in
46-16 accordance with Section 10 of this Act <a sales price that shall
46-17 not exceed the maximum amount of funds authorized for the
46-18 acquisition and renovation in Chapter 700, Acts of the 68th
46-19 Legislature, Regular Session, 1983>.
46-20 (b) After the office buildings have been acquired, the
46-21 commission may, from funds made available by the authority,
46-22 renovate the facilities as necessary for occupancy in accordance
46-23 with the allocation of space within the building made under
46-24 Subsection (c) of this section <by other state agencies>. In
46-25 negotiating the price for the Texas Employment Commission
46-26 facilities, the commission shall consider the cost to the Texas
46-27 Employment Commission of alternative space outside the Capitol
47-1 Complex. The commission shall also consider the price in the
47-2 context of the reasonable rates that might otherwise be paid by
47-3 prospective occupying state agencies for rent in comparable space.
47-4 (c) The space in the office buildings and parking facilities
47-5 is allocated to the legislature and legislative agencies for their
47-6 use. The presiding officers of each house of the legislature shall
47-7 jointly decide the allocation of the space within the buildings and
47-8 facilities.
47-9 SECTION 46. Section 4, Chapter 1203, Acts of the 71st
47-10 Legislature, Regular Session, 1989 (Article 601d-3, Vernon's Texas
47-11 Civil Statutes), is amended by adding Subsections (c) and (d) to
47-12 read as follows:
47-13 (c) The board may issue and sell revenue bonds in one or
47-14 more series in the name of the authority to finance the renovation
47-15 and furnishing of facilities for the Texas School for the Deaf.
47-16 The estimated cost of this renovations and furnishings project is
47-17 $500,000.
47-18 (d) The board may issue and sell revenue bonds in one or
47-19 more series in the name of the authority to finance the renovation
47-20 and furnishing of facilities for the Texas School for the Blind and
47-21 Visually Impaired. The estimated cost of this renovations and
47-22 furnishings project is $600,000.
47-23 SECTION 47. Section 5(b), Chapter 1203, Acts of the 71st
47-24 Legislature, Regular Session, 1989 (Article 601d-3, Vernon's Texas
47-25 Civil Statutes), is amended to read as follows:
47-26 (b) Once the funds are deposited and the comptroller has
47-27 certified that the funds are available, and after transfer of any
48-1 reserve funds or capitalized interest certified to be reasonably
48-2 required by the authority and payment of the costs of issuance of
48-3 the bonds based on a statement by the authority that specifies
48-4 those costs, the commission shall begin projects under this Act.
48-5 The<, and the> funds from the issuance authorized under Section
48-6 4(a) of this Act are appropriated to the commission for that
48-7 purpose. The funds from the issuance authorized under Section 4(c)
48-8 or (d) of this Act may be appropriated by the legislature. The
48-9 appropriated funds may be used for those purposes and those
48-10 projects certified and adopted by rule of the Texas School for the
48-11 Deaf or the Texas School for the Blind and Visually Impaired, as
48-12 appropriate, consistent with this Act.
48-13 SECTION 48. Section 8, Chapter 1203, Acts of the 71st
48-14 Legislature, Regular Session, 1989 (Article 601d-3, Vernon's Texas
48-15 Civil Statutes), is amended to read as follows:
48-16 Sec. 8. Agreements; payments. The Texas School for the
48-17 Deaf, the Texas School for the Blind and Visually Impaired, and the
48-18 commission, as appropriate, may enter into lease agreements or
48-19 execute deeds or other agreements under this Act as necessary to
48-20 carry out the purposes of this Act. The commission shall spend
48-21 funds appropriated by the legislature or received from any other
48-22 available source for the purpose of making lease payments under
48-23 this Act. The commission shall include in its biennial
48-24 appropriation request an amount sufficient to pay the principal of
48-25 and interest on outstanding bonds issued under this Act.
48-26 SECTION 49. Chapter 417, Government Code, is amended by
48-27 adding Section 417.0081 to read as follows:
49-1 Sec. 417.0081. INSPECTION OF CERTAIN STATE-OWNED BUILDINGS.
49-2 The state fire marshal, at the commission's direction, shall
49-3 periodically inspect public buildings under the charge and control
49-4 of the General Services Commission and shall take any action
49-5 authorized by the commission to protect the buildings and their
49-6 occupants from an existing or threatened fire hazard.
49-7 SECTION 50. Section 1(3), Chapter 454, Acts of the 65th
49-8 Legislature, Regular Session, 1977 (Article 6252-11c, Vernon's
49-9 Texas Civil Statutes), is amended to read as follows:
49-10 (3) "State agency" has the meaning assigned by Section
49-11 1.02, State Purchasing and General Services Act (Article 601b,
49-12 Vernon's Texas Civil Statutes) <means a state department,
49-13 commission, board, office, institution, facility, or other agency
49-14 the jurisdiction of which is not limited to a geographical portion
49-15 of the state. The term includes a university system and an
49-16 institution of higher education as defined in Section 61.003,
49-17 Education Code. The term does not include a public junior
49-18 college>.
49-19 SECTION 51. Section 2(c), Article 9102, Revised Statutes, is
49-20 amended to read as follows:
49-21 (c) These standards and specifications shall be adhered to
49-22 in all buildings leased or rented in whole or in part for use by a
49-23 <the> state agency under any lease or rental agreement entered into
49-24 on or after January 1, 1972. To such extent as is not
49-25 contraindicated by federal law or beyond the power of the state's
49-26 regulation, these standards shall also apply to buildings or
49-27 facilities leased or rented for use by a <the> state agency through
50-1 partial or total use of federal funds. Facilities which are the
50-2 subject of lease or rental agreements on January 1, 1972, will not
50-3 be required to meet standards and specifications for the term of
50-4 the existing lease or rental agreement but must be brought into
50-5 compliance before a lease or rental agreement is renewed. Where it
50-6 is determined by the governmental department, agency, or unit
50-7 concerned that full compliance with any particular standard is
50-8 impractical, the reasons for such determination shall be set forth
50-9 in written form by those making the determination and forwarded to
50-10 the department. If it is determined that full compliance is not
50-11 practical, there shall be substantial compliance as determined by
50-12 the department with the standard or specification to the maximum
50-13 extent practical, and the file system maintained by the department
50-14 shall include the written record of the determination that it is
50-15 impractical to comply fully with a particular standard or
50-16 specification and shall also set forth the extent to which an
50-17 attempt will be made to comply substantially with the standard or
50-18 specification. In this subsection, "state agency" has the meaning
50-19 assigned by Section 1.02, State Purchasing and General Services Act
50-20 (Article 601b, Vernon's Texas Civil Statutes).
50-21 SECTION 52. Subchapter A, Chapter 419, Government Code, is
50-22 amended by adding Section 419.0081 to read as follows:
50-23 Sec. 419.0081. PROTECTION OF CERTAIN STATE-OWNED BUILDINGS
50-24 AGAINST FIRE HAZARDS. (a) The commission shall take any action
50-25 necessary to protect a public building under the charge and control
50-26 of the General Services Commission, and the building's occupants,
50-27 against an existing or threatened fire hazard.
51-1 (b) The commission and the General Services Commission shall
51-2 make and each adopt by rule a memorandum of understanding that
51-3 coordinates the agency's duties under this section.
51-4 SECTION 53. Section 771.002, Government Code, is amended to
51-5 read as follows:
51-6 Sec. 771.002. Definitions. In this chapter:
51-7 (1) "Agency" includes:
51-8 (A) a department, board, bureau, commission,
51-9 court, office, authority, council, or institution;
51-10 (B) a university, college, or any service or
51-11 part of a state institution of higher education; and
51-12 (C) any statewide job or employment training
51-13 program for disadvantaged youth that is substantially financed by
51-14 federal funds and that was created by executive order not later
51-15 than December 30, 1986.
51-16 (2) <"Commission" means the State Purchasing and
51-17 General Services Commission.>
51-18 <(3)> "Resources" means materials and<,> equipment<,
51-19 and supplies>.
51-20 (3) <(4)> "Services" means special or technical
51-21 services, including the services of employees.
51-22 SECTION 54. Section 771.004(a), Government Code, is amended
51-23 to read as follows:
51-24 (a) Before a state agency may provide <furnish> or receive a
51-25 service or resource under this chapter, the agency must have
51-26 entered into a written agreement or contract that has been approved
51-27 by the administrator of each agency that is a party to the
52-1 agreement or contract <and by the commission>.
52-2 SECTION 55. Section 771.004, Government Code, is amended by
52-3 amending Subsection (c) and by adding Subsection (d) to read as
52-4 follows:
52-5 (c) A written agreement or contract is <and advance approval
52-6 by the commission are> not required:
52-7 (1) in an emergency for the defense or safety of the
52-8 civil population or in the planning and preparation for those
52-9 emergencies;
52-10 (2) in cooperative efforts, proposed by the governor,
52-11 for the economic development of the state; or
52-12 (3) in a situation in which the amount involved is
52-13 less than $50,000 <$2,500>.
52-14 (d) In an interagency exchange that is exempt from the
52-15 requirements of a written agreement or contract, the agencies
52-16 involved shall document the exchange through informal letters of
52-17 agreement or memoranda.
52-18 SECTION 56. Section 771.006, Government Code, is amended to
52-19 read as follows:
52-20 Sec. 771.006. <Equipment> Purchases and Subcontracts of
52-21 Services and Resources. A contract under this chapter may
52-22 authorize an <permit a furnishing> agency providing services and
52-23 resources to subcontract and purchase the services and resources
52-24 <equipment to the extent considered appropriate by the commission>.
52-25 SECTION 57. Section 9A(b), Information Resources Management
52-26 Act (Article 4413(32j), Revised Statutes), is amended to read as
52-27 follows:
53-1 (b) The department, comptroller, and <State Purchasing and>
53-2 General Services Commission shall develop a statewide
53-3 telecommunications operating plan for all agencies that implements
53-4 a statewide network and includes technical specifications that are
53-5 binding on the managing and operating agency. A representative of
53-6 the Central Education Agency and a representative of the Texas
53-7 Higher Education Coordinating Board shall review and comment on the
53-8 operating plan as part of the representatives' duties under Section
53-9 10.02(g), State Purchasing and General Services Act (Article 601b,
53-10 Vernon's Texas Civil Statutes).
53-11 SECTION 58. On the effective date of this Act, all powers,
53-12 duties, and obligations relating to the protection of public
53-13 buildings under the charge and control of the General Services
53-14 Commission, and the buildings' occupants, against existing or
53-15 threatened fire hazards are transferred from the General Services
53-16 Commission to the Texas Commission on Fire Protection as provided
53-17 by this Act. All property in the custody of the General Services
53-18 Commission and the original or a copy of any record that relates to
53-19 fire protection activity in the buildings are transferred to the
53-20 Texas Commission on Fire Protection. All appropriations to the
53-21 General Services Commission for fire protection activity in the
53-22 buildings and all employees of the General Services Commission
53-23 employed primarily to engage in fire protection activity in the
53-24 buildings are transferred to the Texas Commission on Fire
53-25 Protection. All investigations and all filed reports or complaints
53-26 relating to fire protection in the buildings are transferred
53-27 without change in status from the General Services Commission to
54-1 the Texas Commission on Fire Protection. All rules, standards, and
54-2 specifications of the General Services Commission relating to fire
54-3 protection in the buildings remain in effect as rules, standards,
54-4 and specifications of the Texas Commission on Fire Protection
54-5 unless superseded by proper authority of that commission.
54-6 SECTION 59. The General Services Commission shall establish
54-7 the small contractor participation assistance program required by
54-8 Section 5.37, State Purchasing and General Services Act (Article
54-9 601b, Vernon's Texas Civil Statutes), as added by this Act, not
54-10 later than January 1, 1994.
54-11 SECTION 60. The General Services Commission shall complete
54-12 implementation of the changes in law made by Section 18 of this Act
54-13 relating to the use of a centralized master bidders list by state
54-14 agencies not later than September 1, 1995. During the transition
54-15 period provided by this section, affected state agencies shall
54-16 provide the General Services Commission with all records and
54-17 information in the custody of the agencies that relate to the
54-18 commission's preparation of the centralized master bidders list.
54-19 SECTION 61. (a) The General Services Commission shall
54-20 appoint the new members added to the commission's construction
54-21 contract review committee by Section 28 of this Act as soon as
54-22 practicable after the effective date of this Act. The
54-23 representatives of each society or association that has had its
54-24 representation on the committee reduced from two members to one
54-25 member shall determine by agreement or by lot which representative
54-26 will remain on the committee.
54-27 (b) Until all removals and new appointments of members of
55-1 the commission's construction contract review committee have taken
55-2 place, a quorum of the committee is a majority of the number of
55-3 members serving at the time of a meeting.
55-4 SECTION 62. On the effective date of this Act, all powers,
55-5 duties, and obligations of the Office of Small Business Assistance
55-6 of the Texas Department of Commerce under Section 1.03, State
55-7 Purchasing and General Services Act (Article 601b, Vernon's Texas
55-8 Civil Statutes), are transferred to the General Services Commission
55-9 as prescribed by the changes to Section 1.03 made by this Act. All
55-10 records and property in the custody of the office that relate to a
55-11 function transferred by this Act are transferred to the commission.
55-12 All appropriations to the office for functions transferred by this
55-13 Act and all employees of the office employed primarily to engage in
55-14 those functions are transferred to the commission. An application
55-15 for certification as a historically underutilized business is
55-16 transferred without change in status from the office to the
55-17 commission. All rules, standards, and specifications of the office
55-18 relating to the functions transferred by this Act remain in effect
55-19 as rules, standards, and specifications of the commission unless
55-20 superseded by proper authority of the commission. All references
55-21 in a transferred application, rule, standard, or specification to
55-22 disadvantaged businesses is considered to be a reference to
55-23 historically underutilized businesses. A prior certification made
55-24 by the office that a business is a disadvantaged business is
55-25 considered to be a certification that a business is a historically
55-26 underutilized business.
55-27 SECTION 63. (a) The General Services Commission may,
56-1 subject to Subsection (e) of this section, purchase and renovate a
56-2 building or buildings and the related grounds and improvements in
56-3 McLennan County at an estimated cost of $5 million to meet office
56-4 space needs for one or more state agencies in the county. The
56-5 commission shall finance the purchase and renovation through bonds
56-6 issued by the Texas Public Finance Authority.
56-7 (b) The proceeds of the bonds issued and sold by the Texas
56-8 Public Finance Authority to finance the purchase and renovation are
56-9 appropriated to the General Services Commission for the two-year
56-10 period beginning on the date that the comptroller certifies that
56-11 the proceeds are available.
56-12 (c) Any person from whom real property or any existing
56-13 buildings or other improvements are purchased under this section
56-14 shall provide to the General Services Commission the name and the
56-15 last known address of each person who:
56-16 (1) owns record legal title to the property,
56-17 buildings, or other improvements; or
56-18 (2) owns a beneficial interest in the property,
56-19 buildings, or other improvements through a trust, nominee, agent,
56-20 or any other legal entity.
56-21 (d) When a state agency vacates leased space to move into
56-22 space in a building purchased under this section or when the leased
56-23 space itself is purchased under this section, the money
56-24 specifically appropriated by the legislature or the money available
56-25 to and budgeted by the agency for lease payments for the leased
56-26 space for the remainder of the state fiscal biennium ending August
56-27 31, 1993, or for the state fiscal biennium ending August 31, 1995,
57-1 may be used only for rental or installment payments for the
57-2 purchased space under Section 12(b), Texas Public Finance Authority
57-3 Act (Article 601d, Vernon's Texas Civil Statutes), and for the
57-4 payment of operating expenses for the purchased space that are
57-5 incurred by the General Services Commission. The comptroller may
57-6 adopt rules for the administration of this subsection.
57-7 (e) Before the General Services Commission may make the
57-8 purchase authorized by Subsection (a) of this section, and before
57-9 the commission may request the Texas Public Finance Authority to
57-10 issue bonds to finance the purchase and subsequent renovation, the
57-11 commission must determine that the sum of the rental or installment
57-12 payments for the purchased space under Section 12(b), Texas Public
57-13 Finance Authority Act (Article 601d, Vernon's Texas Civil
57-14 Statutes), plus the renovation and other operating expenses that
57-15 will be incurred for the purchased space will not exceed, over the
57-16 term of the bonded indebtedness, the amount of the lease payments
57-17 that the state would otherwise have to make to meet the space needs
57-18 that the purchase will satisfy.
57-19 SECTION 64. The change in law made by Section 5.26(c), State
57-20 Purchasing and General Services Act (Article 601b, Vernon's Texas
57-21 Civil Statutes), as added by this Act, applies only to a breach of
57-22 contract occurring on or after the effective date of this Act,
57-23 without regard to whether the contract was entered into before, on,
57-24 or after that date. A breach of contract occurring before the
57-25 effective date of this Act is governed by the law in effect at the
57-26 time the breach of contract occurred, and that law is continued in
57-27 effect for that purpose.
58-1 SECTION 65. (a) The progress of the implementation of the
58-2 historically underutilized business goals shall be monitored by a
58-3 joint committee appointed by the lieutenant governor and the
58-4 speaker of the house of representatives. The committee shall be
58-5 composed of five members of the senate and five members of the
58-6 house of representatives. The committee shall make recommendations
58-7 for any necessary legislative action or remedies for the next
58-8 regular session of the legislature.
58-9 (b) In order to monitor the implementation of this section,
58-10 the committee may review the records of state agencies related to
58-11 procurement practices. Each state agency shall cooperate fully
58-12 with the committee and shall submit information and reports to the
58-13 committee as requested by the committee.
58-14 (c) Not later than June 1, 1994, the comptroller shall
58-15 complete a disparity study regarding state contracting that meets
58-16 the requirements of City of Richmond v. J. A. Croson Co., 109 S.Ct.
58-17 706 (1989). Each state agency shall report as necessary to the
58-18 comptroller to assist in preparation of the study. The comptroller
58-19 shall distribute the study to all state agencies and to the
58-20 legislature. The General Services Commission shall, as soon as
58-21 practicable, adopt rules to take effect September 1, 1994, based on
58-22 the disparity study.
58-23 SECTION 66. (a) In addition to the duties prescribed in
58-24 Article 15, State Purchasing and General Services Act (Article
58-25 601b, Vernon's Texas Civil Statutes), as added by this Act, the
58-26 State Council on Competitive Government shall conduct a study by
58-27 December 1, 1993, or as soon as practicable after that date
59-1 evaluating services being performed by or for state agencies.
59-2 Services involving information technology, information facilities
59-3 management, collocation of field offices, mail, print services,
59-4 travel management, telecommunications, and fleet management shall
59-5 be evaluated to identify at least $3 million in cost savings and
59-6 enhanced revenue resulting from competition with private commercial
59-7 sources or other state agency providers. Services to be evaluated
59-8 shall also include the state's procurement practices to the extent
59-9 the practices have been evaluated in any report on procurement
59-10 practices in Texas state government.
59-11 (b) The council shall certify the estimate of potential
59-12 savings or enhanced revenue amounts and forward the information to
59-13 the Legislative Budget Board. After evaluating the information,
59-14 the Legislative Budget Board shall identify general revenue fund
59-15 appropriations of at least $3 million to be reduced as a result of
59-16 cost savings or enhanced revenue measures and shall forward that
59-17 information to the comptroller. The Legislative Budget Board may
59-18 request the council to identify additional cost savings or enhanced
59-19 revenue measures to accomplish the $3 million reduction.
59-20 (c) The comptroller shall reduce appropriations to the
59-21 various agencies by the amounts approved by the Legislative Budget
59-22 Board and transfer those amounts to the general revenue fund. Cost
59-23 savings and enhanced revenues realized as a result of the study
59-24 performed may be considered a part of the savings, spending
59-25 reductions, or revenue enhancement plans required of all agencies
59-26 by the General Appropriations Act for the 1994-1995 biennium.
59-27 (d) This section expires on September 1, 1995.
60-1 SECTION 67. (a) At the time that the comptroller vacates
60-2 the comptroller's training center, located at 125 Lehmann Drive in
60-3 Kerrville, possession, charge, and control of the building,
60-4 property, and its grounds are transferred and committed to the
60-5 Railroad Commission of Texas for the benefit of the State of Texas.
60-6 The Railroad Commission may use the center for its purposes and may
60-7 make the center available to other entities.
60-8 (b) The comptroller shall give reasonable notice to the
60-9 Railroad Commission and to the General Services Commission of the
60-10 date on which the comptroller intends to vacate the center, and on
60-11 the date that the comptroller vacates the center the comptroller
60-12 shall inform the two commissions of that fact. The comptroller,
60-13 the General Services Commission, and any other appropriate state
60-14 agency or officer shall take any action necessary to transfer
60-15 charge and control of the center to the Railroad Commission as
60-16 required by this Act.
60-17 SECTION 68. (a) The following laws are repealed:
60-18 (1) Section 771.005, Government Code;
60-19 (2) Section 771.009, Government Code; and
60-20 (3) Article 13, State Purchasing and General Services
60-21 Act (Article 601b, Vernon's Texas Civil Statutes).
60-22 (b) The following law is repealed:
60-23 (1) Section 771.008(d), Government Code; or
60-24 (2) Section 6(d), The Interagency Cooperation Act
60-25 (Article 4413(32), Vernon's Texas Civil Statutes), as added by
60-26 Section 30, Chapter 641, Acts of the 72nd Legislature, Regular
60-27 Session, 1991.
61-1 (c) Subsection (b)(1) of this section takes effect only if a
61-2 bill relating to nonsubstantive additions to and corrections in
61-3 enacted codes, including the nonsubstantive codification of various
61-4 laws omitted from enacted codes, and to conforming codifications
61-5 enacted by the 72nd Legislature to other acts of that legislature,
61-6 is enacted by the 73rd Legislature and becomes law. Subsection
61-7 (b)(2) of this section takes effect only if the bill described by
61-8 this subsection does not become law.
61-9 SECTION 69. This Act takes effect September 1, 1993.
61-10 SECTION 70. The importance of this legislation and the
61-11 crowded condition of the calendars in both houses create an
61-12 emergency and an imperative public necessity that the
61-13 constitutional rule requiring bills to be read on three several
61-14 days in each house be suspended, and this rule is hereby suspended.