73R8446 E
          By Black                                              H.B. No. 2626
          Substitute the following for H.B. No. 2626:
          By Black                                          C.S.H.B. No. 2626
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the continuation and operation of the General Services
    1-3  Commission and to the transfer of certain functions to or from the
    1-4  General Services Commission, the comptroller of public accounts,
    1-5  the Texas Commission on Fire Protection, and the Texas Department
    1-6  of Commerce.
    1-7        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-8        SECTION 1.  Section 1.02(3), State Purchasing and General
    1-9  Services Act (Article 601b, Vernon's Texas Civil Statutes), is
   1-10  amended to read as follows:
   1-11              (3)  "Historically underutilized <Disadvantaged>
   1-12  business" means:
   1-13                    (A)  a corporation formed for the purpose of
   1-14  making a profit in which at least 51 percent of all classes of the
   1-15  shares of stock or other equitable securities are owned by one or
   1-16  more persons who are socially disadvantaged because of their
   1-17  identification as members of certain groups, including black
   1-18  Americans, Hispanic Americans, women, Asian Pacific Americans, and
   1-19  Native Americans, who have suffered the effects of discriminatory
   1-20  practices or similar insidious circumstances over which they have
   1-21  no control;
   1-22                    (B)  a sole proprietorship created for the
   1-23  purpose of making a profit that is 100 percent owned, operated, and
   1-24  controlled by a person described by Paragraph (A) of this
    2-1  subdivision;
    2-2                    (C)  a partnership formed for the purpose of
    2-3  making a profit in which at least 51 percent of the assets and
    2-4  interest in the partnership is owned by one or more persons
    2-5  described by Paragraph (A) of this subdivision.  Those persons must
    2-6  have a proportionate interest in the control, operation, and
    2-7  management of the partnership affairs;
    2-8                    (D)  a joint venture in which each entity in the
    2-9  joint venture is a historically underutilized <disadvantaged>
   2-10  business under this subdivision; or
   2-11                    (E)  a supplier contract between a historically
   2-12  underutilized <disadvantaged> business under this subdivision and a
   2-13  prime contractor under which the historically underutilized
   2-14  <disadvantaged> business is directly involved in the manufacture or
   2-15  distribution of the supplies or materials or otherwise warehouses
   2-16  and ships the supplies.
   2-17        SECTION 2.  Section 1.03, State Purchasing and General
   2-18  Services Act (Article 601b, Vernon's Texas Civil Statutes), is
   2-19  amended to read as follows:
   2-20        Sec. 1.03.  Historically underutilized <Disadvantaged>
   2-21  businesses.  (a)  The commission <Office of Small Business
   2-22  Assistance of the Texas Department of Commerce> shall certify
   2-23  businesses that are historically underutilized <disadvantaged>
   2-24  businesses.  As part of its certification procedures, the
   2-25  commission <office> may approve a municipal program that certifies
   2-26  historically underutilized <disadvantaged> businesses under
   2-27  substantially the same definition prescribed by Section 1.02(3) of
    3-1  this Act and may certify businesses certified by the municipality
    3-2  as historically underutilized <disadvantaged> businesses under this
    3-3  Act.
    3-4        (b)  The commission <office> shall compile a directory of
    3-5  businesses certified as historically underutilized <disadvantaged>
    3-6  businesses under Subsection (a) of this section.  The commission
    3-7  <office> shall update the directory at least semiannually and
    3-8  provide a copy of the directory to <the commission and> each state
    3-9  agency semiannually.  The commission shall provide access to the
   3-10  directory either electronically or in another format, depending on
   3-11  the needs of each state agency.  On request, the commission shall
   3-12  make the directory available to local governments and the public.
   3-13  The commission and state agencies shall use the directory in
   3-14  determining awards of state purchasing and public works contracts.
   3-15        (c)  The commission shall annually prepare a report based on
   3-16  a compilation and analysis of <commission and each state agency
   3-17  shall report to the office> the total number and dollar amount of
   3-18  contracts awarded to historically underutilized <disadvantaged>
   3-19  businesses.  The commission shall submit the report <These reports
   3-20  shall be made each January and July and shall report on the
   3-21  previous six-month period.  The office shall compile and analyze
   3-22  the reports and submit a report based on the analysis> to the
   3-23  presiding officer of each house of the legislature each February.
   3-24  The commission may require information from a state agency and may
   3-25  adopt rules to administer this subsection.  The comptroller shall
   3-26  provide information to the commission that will assist the
   3-27  commission in the performance of its duties under this subsection.
    4-1        (d)  The commission shall offer assistance and training to
    4-2  historically underutilized <disadvantaged> businesses regarding
    4-3  state procurement procedures.  The commission shall advise
    4-4  historically underutilized <disadvantaged> businesses of the
    4-5  availability of state contracts and advise historically
    4-6  underutilized <disadvantaged> businesses to enter the businesses'
    4-7  names on the state's bid list.
    4-8        SECTION 3.  Section 1.04(a), State Purchasing and General
    4-9  Services Act (Article 601b, Vernon's Texas Civil Statutes), is
   4-10  amended to read as follows:
   4-11        (a)  A person commits an offense if the person intentionally
   4-12  applies as a historically underutilized <disadvantaged> business
   4-13  for an award of a purchasing contract or public works contract
   4-14  under this Act and the person knowingly does not meet the
   4-15  definition of a historically underutilized <disadvantaged> business
   4-16  under Section 1.02(3) of this Act.
   4-17        SECTION 4.  Section 2.02, State Purchasing and General
   4-18  Services Act (Article 601b, Vernon's Texas Civil Statutes), is
   4-19  amended to read as follows:
   4-20        Sec. 2.02.  Membership.  The commission is composed of six
   4-21  members appointed by the governor with the advice and consent of
   4-22  the senate.  All members must be representatives of the general
   4-23  public.  Appointments to the commission shall be made without
   4-24  regard to the race, color, disability <handicap>, sex, religion,
   4-25  age, or national origin of the appointees.  In making appointments
   4-26  under this section, the governor shall attempt to appoint members
   4-27  of different minority groups, including females, African-Americans,
    5-1  Hispanic-Americans, Native Americans, and Asian-Americans.  A
    5-2  person is not eligible for appointment if the person or the
    5-3  person's spouse:
    5-4              (1)  is employed by or participates in the management
    5-5  of a business entity or other organization that contracts with the
    5-6  commission;
    5-7              (2)  owns or controls, directly or indirectly, more
    5-8  than a 10 percent interest in a business entity or other
    5-9  organization that contracts with the state; or
   5-10              (3)  uses or receives a substantial amount of tangible
   5-11  goods, services, or funds from the commission, other than
   5-12  compensation or reimbursement authorized by law for commission
   5-13  membership, attendance, or expenses.
   5-14        SECTION 5.  Section 2.06(i), State Purchasing and General
   5-15  Services Act (Article 601b, Vernon's Texas Civil Statutes), is
   5-16  amended to read as follows:
   5-17        (i)  The executive director or the executive director's
   5-18  designee shall prepare and maintain a written policy statement to
   5-19  assure implementation of a program of equal employment opportunity
   5-20  under which all personnel transactions are made without regard to
   5-21  race, color, disability <handicap>, sex, religion, age, or national
   5-22  origin.  The policy statement must include:
   5-23              (1)  personnel policies, including policies relating to
   5-24  recruitment, evaluation, selection, appointment, training, and
   5-25  promotion of personnel, that are in compliance with requirements of
   5-26  the Commission on Human Rights Act (Article 5221k, Vernon's Texas
   5-27  Civil Statutes) and its subsequent amendments;
    6-1              (2)  a comprehensive analysis of the commission work
    6-2  force that meets federal and state guidelines;
    6-3              (3)  procedures by which a determination can be made of
    6-4  significant underutilization in the commission work force of all
    6-5  persons for whom federal or state guidelines encourage a more
    6-6  equitable balance; and
    6-7              (4)  reasonable methods to address appropriately those
    6-8  areas of significant underutilization.
    6-9        SECTION 6.  Section 2.06(j), State Purchasing and General
   6-10  Services Act (Article 601b, Vernon's Texas Civil Statutes), is
   6-11  amended to read as follows:
   6-12        (j)  A policy statement prepared under Subsection (i) of this
   6-13  section must cover an annual period, be updated at least annually,
   6-14  be reviewed annually by the Commission on Human Rights for
   6-15  compliance with Subsection (i)(1) of this section, and be filed
   6-16  with the governor's office.
   6-17        SECTION 7.  Section 2.07, State Purchasing and General
   6-18  Services Act (Article 601b, Vernon's Texas Civil Statutes), is
   6-19  amended to read as follows:
   6-20        Sec. 2.07.  Application of Sunset Act.  The commission is
   6-21  subject to Chapter 325, Government Code (Texas Sunset Act).  Unless
   6-22  continued in existence as provided by that chapter, the commission
   6-23  is abolished and this Act expires September 1, 2001 <1993>.
   6-24        SECTION 8.  Section 2.10(c), State Purchasing and General
   6-25  Services Act (Article 601b, Vernon's Texas Civil Statutes), is
   6-26  amended to read as follows:
   6-27        (c)  The commission shall prepare and maintain a written plan
    7-1  that describes how a person who does not speak English <or who has
    7-2  a physical, mental, or developmental disability> can be provided
    7-3  reasonable access to the commission's programs.  The commission
    7-4  shall also comply with federal and state laws for program and
    7-5  facility accessibility.
    7-6        SECTION 9.  Article 3, State Purchasing and General Services
    7-7  Act (Article 601b, Vernon's Texas Civil Statutes), is amended by
    7-8  adding Section 3.0221 to  read as follows:
    7-9        Sec. 3.0221.  COMPETITIVE SEALED PROPOSALS; ACQUISITION OF
   7-10  CERTAIN SUPPLIES, MATERIALS, EQUIPMENT, AND ROUTINE SERVICES.  (a)
   7-11  The commission may follow a procedure using competitive sealed
   7-12  proposals to acquire:
   7-13              (1)  supplies, materials, or equipment if the cost of
   7-14  acquisition is $1 million or more;
   7-15              (2)  routine services if the cost of acquisition is
   7-16  $100,000 or more;
   7-17              (3)  prototype medical equipment not yet commonly
   7-18  available on the market, without regard to its cost;
   7-19              (4)  medical equipment so new to the market that its
   7-20  benefits are not fully known, without regard to its cost; or
   7-21              (5)  major medical equipment, without regard to its
   7-22  cost, that is so technically complex or that has variable
   7-23  operations to such a degree that acquisition under competitive
   7-24  bidding is not feasible.
   7-25        (b)  Except as provided by Subsections (l) and (o) of this
   7-26  section:
   7-27              (1)  only the commission may acquire goods or services
    8-1  using competitive sealed proposals under this section; and
    8-2              (2)  the commission may not delegate authority under
    8-3  this section to a state agency.
    8-4        (c)  To acquire goods or services using competitive sealed
    8-5  proposals under this section, the commission must first determine
    8-6  in an open meeting that competitive sealed bidding or informal
    8-7  competitive bidding is not practical or is disadvantageous to the
    8-8  state.
    8-9        (d)  The commission shall solicit proposals by a request for
   8-10  proposals.  The commission shall give public notice of a request
   8-11  for proposals in the manner provided for requests for bids under
   8-12  Section 3.12 of this article.
   8-13        (e)  The commission shall consult with appropriate personnel
   8-14  of a requisitioning agency to develop specifications for a request
   8-15  for competitive sealed proposals under this section.
   8-16        (f)  The commission shall open each proposal in a manner that
   8-17  does not disclose the contents of the proposal during the process
   8-18  of negotiating with competing offerors.  The commission shall file
   8-19  each proposal in a register of proposals, which shall be open for
   8-20  public inspection after a contract is awarded unless the register
   8-21  contains information that is excepted from disclosure as an open
   8-22  record under Section 3, Chapter 424, Acts of the 63rd Legislature,
   8-23  Regular Session, 1973 (Article 6252-17a, Vernon's Texas Civil
   8-24  Statutes), and its subsequent amendments.
   8-25        (g)  As provided in a request for proposals and under rules
   8-26  adopted by the commission, the commission may discuss acceptable or
   8-27  potentially acceptable proposals with offerors to assess an
    9-1  offeror's ability to meet the solicitation requirements.  After the
    9-2  submission of a proposal but before making an award, the commission
    9-3  may permit the offeror to revise the proposal in order to obtain
    9-4  the best final offer.  The commission may not disclose any
    9-5  information derived from proposals submitted from competing
    9-6  offerors in conducting discussions under this subsection.  The
    9-7  commission shall provide each offeror with an equal opportunity for
    9-8  discussion and revision of proposals.
    9-9        (h)  The commission shall invite a requisitioning agency to
   9-10  participate in discussions conducted under Subsection (g) of this
   9-11  section.
   9-12        (i)  The commission shall make a written award of a contract
   9-13  to the offeror whose proposal is the most advantageous to the
   9-14  state, considering price and the evaluation factors in the request
   9-15  for proposals, except that if the commission finds that none of the
   9-16  offers is acceptable, it shall refuse all offers.  The contract
   9-17  file must state in writing the basis on which the award is made.
   9-18        (j)  The commission may adopt rules  and request assistance
   9-19  from other state agencies to perform its responsibilities under
   9-20  this section.
   9-21        (k)  This section does not affect Section 3.022 of this
   9-22  article regarding the use of competitive sealed proposals for
   9-23  acquiring goods or services related to telecommunications or
   9-24  automated information technology.
   9-25        (l)  The commission may delegate to an institution or other
   9-26  agency of higher education the authority to acquire under this
   9-27  section through the use of a competitive sealed proposal procedure
   10-1  the items described by Subsection (a) of this section.
   10-2        (m)  An institution or other agency of higher education to
   10-3  which the commission delegates authority under Subsection (l) of
   10-4  this section shall:
   10-5              (1)  follow commission rules and the procedures
   10-6  provided by this section regarding the use of competitive sealed
   10-7  proposals;
   10-8              (2)  before soliciting a request for proposals under
   10-9  this section, submit to the commission a written finding that
  10-10  competitive sealed bidding or informal competitive bidding is not
  10-11  practical or is disadvantageous to the state for the proposed
  10-12  acquisition;
  10-13              (3)  before awarding a contract under this section,
  10-14  submit to the commission written notice and a copy of the proposed
  10-15  award; and
  10-16              (4)  consult with a commission representative in
  10-17  developing specifications for a request for competitive sealed
  10-18  proposals under this section and in evaluating received proposals.
  10-19        (n)  The commission may:
  10-20              (1)  revoke a delegation under Subsection (l) of this
  10-21  section; or
  10-22              (2)  prohibit a particular acquisition or award by an
  10-23  institution or other agency of higher education under this section.
  10-24        (o)  Subsection (b)(1) of this section does not apply to an
  10-25  acquisition of supplies, materials, equipment, or services that is
  10-26  not subject to the requirement that it be made by the commission
  10-27  under Section 3.01 of this article.
   11-1        (p)  In this section, "institution or other agency of higher
   11-2  education" means an institution of higher education or other agency
   11-3  of higher education as those terms are defined by Section 61.003,
   11-4  Education Code, and its subsequent amendments.
   11-5        SECTION 10.  Section 3.07(b), State Purchasing and General
   11-6  Services Act (Article 601b, Vernon's Texas Civil Statutes), is
   11-7  amended to read as follows:
   11-8        (b)  Each emergency purchase made under this section is
   11-9  subject to the historically underutilized <disadvantaged> business
  11-10  provisions of Section 3.10 of this article.
  11-11        SECTION 11.  Section 3.10(b), State Purchasing and General
  11-12  Services Act (Article 601b, Vernon's Texas Civil Statutes), is
  11-13  amended to read as follows:
  11-14        (b)  The commission shall make a good faith effort to assist
  11-15  historically underutilized <disadvantaged> businesses to receive at
  11-16  least 10 percent of the total value of all contract awards for the
  11-17  purchase of supplies, materials, services, and equipment that the
  11-18  commission expects to make for a state agency in its fiscal year.
  11-19  The commission shall estimate the expected total value of an
  11-20  agency's contract awards not later than the 60th day of the
  11-21  agency's fiscal year and may revise the estimate as new information
  11-22  requires.
  11-23        SECTION 12.  Section 3.101, State Purchasing and General
  11-24  Services Act (Article 601b, Vernon's Texas Civil Statutes), is
  11-25  amended to read as follows:
  11-26        Sec. 3.101.  Centralized Master Bidders List <lists>.
  11-27  (a)  This section:
   12-1              (1)  applies to all purchases or other acquisitions
   12-2  under this article, including the acquisition of services, for
   12-3  which competitive bidding or competitive sealed proposals are
   12-4  required;
   12-5              (2)  applies to each <all> state agency <agencies> that
   12-6  makes <make> purchases or other acquisitions under this article,
   12-7  including the commission and agencies that make purchases or other
   12-8  acquisitions under Section 3.06 of this article; and
   12-9              (3)  does not apply to purchases or other acquisitions
  12-10  made by the commission under Section 3.11 of this article.
  12-11        (b)  The commission shall develop a uniform registration form
  12-12  for application to do business with the commission or with any
  12-13  state agency.  The commission and each state agency shall make the
  12-14  form available to applicants.  The form shall include an
  12-15  application for:
  12-16              (1)  certification as a historically underutilized
  12-17  business;
  12-18              (2)  a payee identification number for use by the
  12-19  comptroller; and
  12-20              (3)  placement on the commission's master bidders list.
  12-21        (c)  A state agency shall submit to the commission each
  12-22  uniform registration form that it receives.  The commission shall
  12-23  send to the comptroller a copy of each uniform registration form.
  12-24        (d)  The commission <The registration forms shall constitute
  12-25  a valid application for a bidders list by all state agencies.
  12-26  Nothing in this subsection shall be construed as preventing any
  12-27  state agency from developing and using its own registration form,
   13-1  but such forms shall not be required in addition to or in lieu of
   13-2  the uniform registration form developed by the commission.>
   13-3        <(c)  Each state agency> shall maintain a master bidders list
   13-4  and annually register on the list the name and address of each
   13-5  vendor that applies for registration in accordance with rules
   13-6  adopted under this section.  The commission <An agency> may include
   13-7  other relevant vendor information on the list.  Each state agency
   13-8  shall solicit bids or proposals from all eligible vendors on the
   13-9  list that serve the agency's geographic region, as provided by this
  13-10  section, when the agency proposes to make a purchase or other
  13-11  acquisition that will cost more than $25,000 <$5,000>.  The
  13-12  commission shall maintain the master bidders list in a manner that
  13-13  facilitates a state agency's solicitation of vendors that serve the
  13-14  agency's geographic area.
  13-15        (e)  The commission shall make the master bidders list
  13-16  available to each state agency that makes purchases or other
  13-17  acquisitions to which this section applies.  The commission shall
  13-18  provide access to the list either electronically or in another
  13-19  format, depending on the needs of each state agency.
  13-20        (f)  The commission <(d)  A state agency> may charge
  13-21  applicants for registration a fee and may charge registrants an
  13-22  annual renewal fee in an amount designed to recover the
  13-23  commission's <agency's> costs in developing and maintaining the
  13-24  master <its> bidders list and in soliciting bids or proposals under
  13-25  this section.  The commission <An agency> shall set the amount of
  13-26  the fees by rule.
  13-27        (g)  The commission <(e)  Each state agency> shall adopt
   14-1  procedures for developing and maintaining the master <its> bidders
   14-2  list and procedures for removing inactive vendors from the list.
   14-3        (h)  The commission <(f)  Each state agency> shall establish
   14-4  by rule a vendor classification process under which only vendors
   14-5  that may be able to make a bid or proposal on a particular purchase
   14-6  or other acquisition are solicited under this section.
   14-7        (i)  A state agency may maintain and use its own bidders list
   14-8  only if the commission determines by rule that the agency has
   14-9  specialized needs that can best be met through maintaining and
  14-10  using its own specialized bidders list.  The commission by rule may
  14-11  prescribe the categories of purchases or other acquisitions for
  14-12  which an agency's specialized bidders list may be used.
  14-13        (j) <(g)>  The commission may establish by rule a process
  14-14  under which the requirement for soliciting bids or proposals from
  14-15  eligible vendors on a <the> bidders list may be waived for
  14-16  appropriate state agencies or appropriate purchases or other
  14-17  acquisitions in circumstances in which the requirement is not
  14-18  warranted.  The commission also may assist state agencies regarding
  14-19  issues that arise under this section.
  14-20        SECTION 13.  Article 3, State Purchasing and General Services
  14-21  Act (Article 601b, Vernon's Texas Civil Statutes), is amended by
  14-22  adding Section 3.081 to read as follows:
  14-23        Sec. 3.081.  CATALOGUE PURCHASE PROCEDURE.  (a)  A vendor who
  14-24  wants to sell or lease automated information systems under this
  14-25  section to state agencies covered by the Information Resources
  14-26  Management Act (Article 4413(32j), Revised Statutes) shall apply to
  14-27  the commission for designation as a "qualified information systems
   15-1  vendor" according to an application process promulgated by the
   15-2  commission.  At a minimum, the application process shall include
   15-3  submission of the following elements:
   15-4              (1)  a catalogue containing all products and services
   15-5  eligible for purchase by state agencies, including descriptions of
   15-6  each product or service, the list price of each product or service,
   15-7  and the price to Texas state agencies of each product or service;
   15-8              (2)  a maintenance, repair, and support plan for all
   15-9  eligible products and services;
  15-10              (3)  proof of the applicant's financial resources and
  15-11  ability to perform; and
  15-12              (4)  a guarantee that the vendor will make available
  15-13  equivalent replacement parts for products sold to Texas for at
  15-14  least three years from the date of a product's discontinuation.
  15-15        (b)  Within 90 days of the effective date of this Act the
  15-16  commission shall establish standards and criteria for designating
  15-17  qualified information systems vendors on a regional and statewide
  15-18  basis.  A vendor remains qualified until the commission determines
  15-19  the vendor fails to meet the criteria set forth in this section.
  15-20  Vendors granted regional status may sell catalogue-listed products
  15-21  and services directly to state agencies covered by the Information
  15-22  Resources Management Act (Article 4413(32j), Revised Statutes)
  15-23  within a region defined by the commission.  Vendors granted
  15-24  statewide status may sell catalogue-listed products and services
  15-25  directly to any state agency covered by the Information Resources
  15-26  Management Act (Article 4413(32j), Revised Statutes).  The
  15-27  commission's standards and criteria shall be developed in
   16-1  accordance with the following parameters:
   16-2              (1)  the ability of the vendor to provide adequate and
   16-3  reliable support and maintenance;
   16-4              (2)  the vendor's ability to provide adequate and
   16-5  reliable support and maintenance in the future;
   16-6              (3)  the technical adequacy and reliability of the
   16-7  vendor's products; and
   16-8              (4)  consistency with standards adopted by the
   16-9  Department of Information Resources or a subsequent entity.
  16-10        (c)  If a vendor is designated by the commission as a
  16-11  qualified information systems vendor, the vendor shall publish and
  16-12  maintain a catalogue containing all products and services eligible
  16-13  for purchase by state agencies, including descriptions of each
  16-14  product or service, the list price of each product or service, and
  16-15  the price to Texas state agencies of each product or service.  The
  16-16  vendor shall update the catalogue on an as needed basis to reflect
  16-17  changes in price or the availability of products or services and
  16-18  shall forward a copy of each updated catalogue to the commission
  16-19  and all eligible purchasers.
  16-20        (d)  A state agency covered by the Information Resources
  16-21  Management Act (Article 4413(32j), Revised Statutes) may purchase
  16-22  or lease automated information systems directly from a qualified
  16-23  information systems vendor and may negotiate additional terms and
  16-24  conditions to be included in contracts relating to the purchase or
  16-25  lease, provided the purchase or lease is based on the best value
  16-26  available and is in the state's best interest.  In determining
  16-27  which products or services are in the state's best interest, the
   17-1  agency shall consider the following factors:
   17-2              (1)  installation costs and hardware costs;
   17-3              (2)  the overall life cycle cost of the system or
   17-4  equipment;
   17-5              (3)  estimated cost of employee training and estimated
   17-6  increase in employee productivity;
   17-7              (4)  estimated software and maintenance costs; and
   17-8              (5)  compliance with applicable statewide standards
   17-9  adopted by the Department of Information Resources or a subsequent
  17-10  entity as validated by criteria established by the department or a
  17-11  subsequent entity in administrative rule.
  17-12        (e)  The commission shall establish rules and regulations and
  17-13  implement the catalogue purchase procedure set forth in this
  17-14  section no later than January 1, 1994.
  17-15        (f)  Purchases of automated information systems shall be made
  17-16  through the catalogue procedure enumerated in this section unless
  17-17  the commission determines that the best value available accrues
  17-18  from an alternative purchase method authorized by this Act.
  17-19        SECTION 14.  Section 1.02, State Purchasing and General
  17-20  Services Act (Article 601b, Vernon's Texas Civil Statutes), is
  17-21  amended by adding Subdivisions (4), (5), and (6) to read as
  17-22  follows:
  17-23              (4)  "Automated information systems" means any
  17-24  automated information systems, the computers on which they are
  17-25  automated, or a service related to the automation of information
  17-26  systems or the computers on which they are automated, including
  17-27  computer software, awarded to a vendor by a state agency covered by
   18-1  the Information Resources Management Act (Article 4413(32j),
   18-2  Revised Statutes), or any telecommunications apparatus or device
   18-3  that serves as a component of a voice, data, or video
   18-4  communications network for the purpose of transmitting, switching,
   18-5  routing, multiplexing, modulating, amplifying, or receiving signals
   18-6  on that network.
   18-7              (5)  "Best value" means lowest overall cost of
   18-8  information systems based on the following factors including, but
   18-9  not limited to:
  18-10                    (A)  purchase price;
  18-11                    (B)  compatibility to facilitate exchange of
  18-12  existing data;
  18-13                    (C)  capacity for expansion and upgrading to more
  18-14  advanced levels of technology;
  18-15                    (D)  quantitative reliability factors;
  18-16                    (E)  the level of training required to bring
  18-17  end-users to a stated level of proficiency;
  18-18                    (F)  the technical support requirements for
  18-19  maintenance of data across a network platform and management of the
  18-20  network's hardware and software; and
  18-21                    (G)  compliance with applicable statewide
  18-22  standards adopted by the Department of Information Resources or a
  18-23  subsequent entity as validated by criteria established by the
  18-24  department or a subsequent entity in administrative rule.
  18-25              (6)  "Qualified information systems vendor" means
  18-26  manufacturers or wholesale sellers of automated information systems
  18-27  who are authorized by the commission to publish catalogues of
   19-1  products and services which may be directly purchased by state
   19-2  agencies covered by the Information Resources Management Act
   19-3  (Article 4413(32j), Revised Statutes).
   19-4        SECTION 15.  Section 3.15(h), State Purchasing and General
   19-5  Services Act (Article 601b, Vernon's Texas Civil Statutes), is
   19-6  amended to read as follows:
   19-7        (h)  This section does not apply to interagency purchases or
   19-8  transactions.   Interagency purchases and transactions must be
   19-9  accomplished on special vouchers or electronically as prescribed by
  19-10  the comptroller <of public accounts.   The commission shall audit
  19-11  all interagency purchases and transactions after they have been
  19-12  completed>.
  19-13        SECTION 16.  Section 3.29(a), State Purchasing and General
  19-14  Services Act (Article 601b, Vernon's Texas Civil Statutes), is
  19-15  amended to read as follows:
  19-16        (a)  A state agency may not purchase or lease a vehicle
  19-17  designed or used primarily for the transportation of persons,
  19-18  including a station wagon, that has a wheel base longer than
  19-19  116 <113> inches or that has more than 280 <160> SAE net
  19-20  horsepower, except that the vehicle may have a wheel base longer
  19-21  than 116 inches or SAE net horsepower exceeding 280 if the vehicle
  19-22  is capable of or will be converted so that it is capable of using
  19-23  compressed natural gas or another alternative fuel that results in
  19-24  comparably lower emissions of oxides of nitrogen, volatile organic
  19-25  compounds, carbon monoxide, or particulates.  This exception to the
  19-26  wheel base and horsepower limitations applies to a state agency
  19-27  regardless of the size of the agency's vehicle fleet.  The wheel
   20-1  base and horsepower limitations prescribed by this subsection do
   20-2  <This provision does> not apply to the purchase or lease of a
   20-3  vehicle to be used primarily for criminal law enforcement or a bus,
   20-4  motorcycle, pickup, van, truck, three-wheel vehicle, tractor, or
   20-5  ambulance.
   20-6        SECTION 17.  Section 4.01, State Purchasing and General
   20-7  Services Act (Article 601b, Vernon's Texas Civil Statutes), is
   20-8  amended by amending Subsection (a) and by adding Subsections (d)
   20-9  and (e) to read as follows:
  20-10        (a)  The commission shall have charge and control of all
  20-11  public buildings, grounds and property of the state, and is the
  20-12  custodian of all public personal property, and is responsible for
  20-13  the proper care and protection of such property from damage,
  20-14  intrusion, or improper usage.  <The commission is expressly
  20-15  directed to take any steps necessary to protect public buildings
  20-16  against any existing or threatened fire hazards.>  The commission
  20-17  is authorized to provide for the allocation of space in any of the
  20-18  public buildings to the departments of the state government for the
  20-19  uses authorized by law, and is authorized to make any repairs to
  20-20  any such buildings or parts thereof necessary to the serviceable
  20-21  accommodation of the uses to which such buildings or space therein
  20-22  may be allotted.
  20-23        (d)  The commission may allocate space in buildings in the
  20-24  Texas Judicial Complex only to:
  20-25              (1)  a court;
  20-26              (2)  a judicial agency;
  20-27              (3)  the attorney general's office;
   21-1              (4)  Texas Department of Criminal Justice;
   21-2              (5)  Texas Youth Commission;
   21-3              (6)  Criminal Justice Policy Council;
   21-4              (7)  State Commission on Judicial Conduct;
   21-5              (8)  Office of Administrative Hearings;
   21-6              (9)  building security;
   21-7              (10)  building maintenance; or
   21-8              (11)  a vending facility operated under Chapter 94,
   21-9  Human Resources Code.
  21-10        (e)  An allocation of space by the commission affecting any
  21-11  court in the Texas Judicial Complex must be approved by that
  21-12  court's presiding judge.
  21-13        SECTION 18.  Article 4, State Purchasing and General Services
  21-14  Act (Article 601b, Vernon's Texas Civil Statutes), is amended by
  21-15  adding Section 4.082 to read as follows:
  21-16        Sec. 4.082.  TEXAS JUDICIAL COMPLEX.  "Texas Judicial
  21-17  Complex" is the collective name of the Supreme Court Building, the
  21-18  Tom C. Clark State Courts Building, and the Price Daniel, Sr.,
  21-19  Building.
  21-20        SECTION 19.  Section 4.13, State Purchasing and General
  21-21  Services Act (Article 601b, Vernon's Texas Civil Statutes), is
  21-22  transferred to Chapter 443, Government Code, designated as Section
  21-23  443.020, and amended to read as follows:
  21-24        Sec. 443.020 <4.13>.  Pass Keys to Rooms in the Capitol.  Any
  21-25  person who shall make or have made or keep in his possession a pass
  21-26  or master key to the rooms and apartments in the state capitol,
  21-27  unless authorized to do so, shall be fined not exceeding $100.
   22-1        SECTION 20.  Section 5.16(c), State Purchasing and General
   22-2  Services Act (Article 601b, Vernon's Texas Civil Statutes), is
   22-3  amended to read as follows:
   22-4        (c)  A project analysis shall consist of (1) a complete
   22-5  description of the facility or project together with a
   22-6  justification of such facility or project prepared by the using
   22-7  agency, (2) a detailed estimate of the amount of space needed to
   22-8  meet the needs of the using agency and to allow for realistic
   22-9  future growth, (3) a description of the proposed facility prepared
  22-10  by an architect/engineer and including schematic plans and outline
  22-11  specifications describing the type of construction and probable
  22-12  materials to be used, sufficient to establish the general scope and
  22-13  quality of construction, (4) an estimate of the probable cost of
  22-14  construction, (5) a description of the proposed site of the project
  22-15  and an estimate of the cost of site preparation, (6) an overall
  22-16  estimate of the cost of the project, (7) the information about
  22-17  historic structures considered instead of new construction that was
  22-18  prepared as required by Section 5.01A of this article, <and> (8) an
  22-19  evaluation of energy alternatives as required by Section 5.161 of
  22-20  this article, and (9) other information as required by the
  22-21  commission.  A project analysis may include two or more alternative
  22-22  proposals for meeting the space needs of the using agency by (1)
  22-23  new construction, (2) acquisition and rehabilitation of an existing
  22-24  or historic structure, or (3) a combination of the above.  If any
  22-25  part of the project involves the construction or rehabilitation of
  22-26  a building that is to be used primarily as a parking garage or for
  22-27  office space for the state government, the project analysis also
   23-1  shall include a description of the amount and location of space in
   23-2  the building that can be made available for lease, under Section
   23-3  4.15 of this Act, to private tenants or shall include a statement
   23-4  of the reason that the lease of space in the building to private
   23-5  tenants is not feasible.  All estimates involved in the preparation
   23-6  of a project analysis shall be carefully and fully documented and
   23-7  incorporated into the project analysis.
   23-8        Throughout the preparation of the project analysis, the
   23-9  commission and any private architect/engineer employed by the
  23-10  commission shall work closely and cooperatively with the using
  23-11  agency to the end that the project analysis shall fully reflect the
  23-12  needs of the using agency.
  23-13        The using agency shall use the cost of the project as
  23-14  determined by such project analysis as the basis of its request to
  23-15  the budget offices of this state.
  23-16        SECTION 21.  Section 5.13(d), State Purchasing and General
  23-17  Services Act (Article 601b, Vernon's Texas Civil Statutes), is
  23-18  amended to read as follows:
  23-19        (d)  <Sections 5.16, 5.17, 5.21, and 5.25 of this article
  23-20  apply to construction projects undertaken by or for the
  23-21  institutional division of the Texas Department of Criminal
  23-22  Justice.>  No <other> provisions of this article apply to
  23-23  construction projects undertaken by or for the institutional
  23-24  division of the Texas Department of Criminal Justice.
  23-25        SECTION 22.  Article 5, State Purchasing and General Services
  23-26  Act (Article 601b, Vernon's Texas Civil Statutes), is amended by
  23-27  adding Section 5.161 to read as follows:
   24-1        Sec. 5.161.  EVALUATION OF ENERGY ALTERNATIVES.  (a)  For
   24-2  each project for which a project analysis is prepared under Section
   24-3  5.16 of this article, and for which the construction, alteration,
   24-4  or repair involves installing or replacing all or part of an energy
   24-5  system, energy source, or energy-consuming equipment, the
   24-6  commission, or the private architect/engineer employed by the
   24-7  commission, shall prepare a written evaluation of energy
   24-8  alternatives for the project.
   24-9        (b)  An evaluation prepared under this section shall include
  24-10  information about the economic and environmental impact of various
  24-11  energy alternatives, including an evaluation of economic and
  24-12  environmental costs both initially and over the life of the system,
  24-13  source, or equipment.
  24-14        (c)  An evaluation under this section shall identify the best
  24-15  energy alternative for the project considering both economic and
  24-16  environmental costs and benefits.
  24-17        SECTION 23.  Section 5.22, State Purchasing and General
  24-18  Services Act (Article 601b, Vernon's Texas Civil Statutes), is
  24-19  amended by amending Subsection (b) and adding Subsection (d) to
  24-20  read as follows:
  24-21        (b)  Responsibility for the selection of a private
  24-22  architect/engineer employed for any project covered by the
  24-23  provisions of this article shall be vested in the commission.  The
  24-24  commission shall adopt rules that state the criteria the commission
  24-25  uses to evaluate the competence and qualifications of private
  24-26  architects/engineers.  The commission shall develop the rules in
  24-27  consultation with the Texas Board of Architectural Examiners and
   25-1  the State Board of Registration for Professional Engineers.  Except
   25-2  in an emergency, the <The> commission shall allow each private
   25-3  architect/engineer selected for an interview at least 30 days after
   25-4  the date the commission notifies the architect/engineer to prepare
   25-5  for the interview.
   25-6        (d)  In this section, an emergency is a situation that:
   25-7              (1)  presents an imminent peril to the public health,
   25-8  safety, or welfare;
   25-9              (2)  presents an imminent peril to property;
  25-10              (3)  requires expeditious action to prevent a hazard to
  25-11  life, health, safety, welfare, or property; or
  25-12              (4)  requires expeditious action to avoid undue
  25-13  additional cost to a state agency or the state.
  25-14        SECTION 24.  Section 5.26(b), State Purchasing and General
  25-15  Services Act (Article 601b, Vernon's Texas Civil Statutes), is
  25-16  amended to read as follows:
  25-17        (b)  The commission shall cause the uniform general
  25-18  conditions of state building construction contracts to be reviewed
  25-19  whenever in its opinion such review is desirable, but in no event
  25-20  less frequently than once every five years.  The review shall be
  25-21  made by a committee appointed by the commission consisting of the
  25-22  director of facilities construction and space management, who shall
  25-23  serve ex officio as chairman of the committee and who shall vote
  25-24  only in the event of a tie; one person <two persons> appointed by
  25-25  the commission from a list of nominees submitted to it by the
  25-26  President of the Texas Society of Architects; one person <two
  25-27  persons> appointed by the commission from a list of nominees
   26-1  submitted to it by the President of the Texas Society of
   26-2  Professional Engineers; one person <two persons> appointed by the
   26-3  commission from a list of nominees submitted to it by the Chairman
   26-4  of the Executive Council of the Texas Associated General
   26-5  Contractors Chapters; one person <and two persons> appointed by the
   26-6  commission from the list of nominees submitted to it by the
   26-7  Executive Secretary of the Mechanical Contractors Associations of
   26-8  Texas, Incorporated; one person appointed by the commission from a
   26-9  list of nominees submitted to it by the Executive Secretary of the
  26-10  Texas Building and Construction Trades Council; one person
  26-11  appointed by the commission from a list of nominees submitted to it
  26-12  by the President of the Associated Builders and Contractors of
  26-13  Texas; one person residing in Texas appointed by the commission
  26-14  from a list of nominees submitted by the Executive Director of the
  26-15  National Association of Minority Contractors; one person appointed
  26-16  by the commission representing an institution of higher education,
  26-17  as defined by Section 61.003, Education Code; one person appointed
  26-18  by the commission representing a state agency that has a
  26-19  substantial on-going construction program; and one person appointed
  26-20  by the commission representing the attorney general's office.
  26-21  Members of any review committee appointed pursuant to this
  26-22  subsection shall serve without compensation but may be reimbursed
  26-23  for their necessary and actual expenses.
  26-24        SECTION 25.  Section 5.36, State Purchasing and General
  26-25  Services Act (Article 601b, Vernon's Texas Civil Statutes), is
  26-26  amended to read as follows:
  26-27        Sec. 5.36.  Public works contracts with certain businesses.
   27-1  A state agency that enters into a contract for a project, including
   27-2  a project constructed by or for an agency otherwise excepted under
   27-3  Section 5.13 of this article, shall make a good faith effort to
   27-4  assist historically underutilized <disadvantaged> businesses to
   27-5  receive at least 10 percent of the total value of each construction
   27-6  contract award that the agency expects to make in its fiscal year.
   27-7  Each agency shall estimate the expected total value of contract
   27-8  awards under this article not later than the 60th day of its fiscal
   27-9  year and may revise the estimate as new information requires.
  27-10        SECTION 26.  Section 6.01, State Purchasing and General
  27-11  Services Act (Article 601b, Vernon's Texas Civil Statutes), is
  27-12  amended to read as follows:
  27-13        Sec. 6.01.  Definition.  In this article, "space" means
  27-14  office space, warehouse space, laboratory space, storage space
  27-15  exceeding 1,000 gross square feet, or any combination thereof, but
  27-16  does not include aircraft hangar space, radio antenna space, boat
  27-17  storage space, vehicle parking space, residential space for a Texas
  27-18  Department of Mental Health and Mental Retardation program,
  27-19  residential space for a Texas Youth Commission program, or space to
  27-20  be utilized for less than one month for meetings, conferences,
  27-21  seminars, conventions, displays, examinations, auctions, or other
  27-22  similar purposes.
  27-23        SECTION 27.  Article 6, State Purchasing and General Services
  27-24  Act (Article 601b, Vernon's Texas Civil Statutes), is amended by
  27-25  adding Section 6.021 to read as follows:
  27-26        Sec. 6.021.  SPACE USE STUDY; LIMITATION ON ALLOCATION OF
  27-27  SPACE.  (a)  The commission periodically shall conduct a study to
   28-1  determine the space requirements of various state agencies that
   28-2  occupy space under the commission's charge and control, including
   28-3  state-owned space and space leased from other sources.
   28-4        (b)  The commission shall use the results of the study to:
   28-5              (1)  determine the optimal amount of space required for
   28-6  various state agency uses; and
   28-7              (2)  allocate space to state agencies in the best and
   28-8  most efficient manner possible.
   28-9        (c)  The commission may not allocate space to a state agency
  28-10  that exceeds an average of 200 square feet for each agency employee
  28-11  for each agency site, with the exception of an agency site at which
  28-12  15 or fewer employees are located.  This subsection does not apply
  28-13  to:
  28-14              (1)  warehouse space;
  28-15              (2)  laboratory space;
  28-16              (3)  storage space exceeding 1,000 gross square feet;
  28-17  or
  28-18              (4)  another type of space specified by commission
  28-19  rule, if the commission determines that it is not practical to
  28-20  apply this subsection to the specified space.
  28-21        (d)  The commission shall conduct a study under this section
  28-22  at least once during each state fiscal biennium.
  28-23        (e)  This section does not apply to space:
  28-24              (1)  in the Texas Judicial Complex as described by
  28-25  Section 4.082 of this Act; or
  28-26              (2)  that is not occupied by a state agency as defined
  28-27  by Section 1.02 of this Act.
   29-1        SECTION 28.  Section 9.13, State Purchasing and General
   29-2  Services Act (Article 601b, Vernon's Texas Civil Statutes), is
   29-3  amended to read as follows:
   29-4        Sec. 9.13.  Exemption.  For purposes of this article the
   29-5  terms "surplus" and "salvage" shall not apply to products and
   29-6  by-products of research, forestry, agricultural, livestock, and
   29-7  industrial enterprises <in excess of that quantity required for
   29-8  consumption by the producing agency when such agencies have a
   29-9  continuing and adequate system of marketing research and sales, the
  29-10  efficiency of which shall be certified to the commission by the
  29-11  state auditor.  A qualifying agency shall furnish the commission
  29-12  with a copy of the rules and regulations and latest revisions
  29-13  thereof promulgated by the policy-making body of each agency or
  29-14  institution for the guidance and administration of the programs
  29-15  enumerated herein.  When requested by such agency or institution to
  29-16  do so, the commission shall dispose of the property as provided for
  29-17  in this article>.
  29-18        SECTION 29.  Section 10.05, State Purchasing and General
  29-19  Services Act (Article 601b, Vernon's Texas Civil Statutes), is
  29-20  amended to read as follows:
  29-21        Sec. 10.05.  Sharing of services or facilities.
  29-22  (a)  Telecommunications facilities and services, to the extent
  29-23  feasible and desirable, shall be provided on an integrated or
  29-24  shared basis, or both, to avoid waste of state funds and manpower.
  29-25        (b)  The commission, the Department of Information Resources,
  29-26  and the comptroller shall develop, in coordination with The Texas
  29-27  A&M University System, The University of Texas System, other
   30-1  institutions of higher education, and other state agencies, a plan
   30-2  for a state telecommunications network that will effectively and
   30-3  efficiently meet the long-term voice, video, and computer
   30-4  communications requirements of state government.  The plan should
   30-5  recognize that all state agencies and institutions of higher
   30-6  education are a single entity for purposes of purchasing and
   30-7  determining tariffs.  The plan shall incorporate efficiencies
   30-8  obtained through the use of shared transmission services and open
   30-9  systems architecture as they become available, building on existing
  30-10  systems as appropriate, and the developers of the plan shall make
  30-11  use of the technical expertise of the institutions of higher
  30-12  education and state agencies.  The commission, department, and
  30-13  comptroller shall present to the governor and the legislature a
  30-14  comprehensive summary of the plan and its implementation schedule
  30-15  before September 1, 1994.
  30-16        SECTION 30.  Section 10.09(d), State Purchasing and General
  30-17  Services Act (Article 601b, Vernon's Texas Civil Statutes), is
  30-18  amended to read as follows:
  30-19        (d)  The commission shall prepare and issue a revised
  30-20  centralized telephone service directory not later than March 31 <in
  30-21  February> of each year.
  30-22        SECTION 31.  Section 14.01, State Purchasing and General
  30-23  Services Act (Article 601b, Vernon's Texas Civil Statutes), is
  30-24  amended to read as follows:
  30-25        Sec. 14.01.  Division.  The travel division of the commission
  30-26  is composed of the central travel office and the office of vehicle
  30-27  fleet management <maintenance>.  The commission shall adopt rules
   31-1  to implement this article, including rules related to:
   31-2              (1)  the structure of travel agency contracts that the
   31-3  commission makes;
   31-4              (2)  the procedures the commission uses in requesting
   31-5  and evaluating bids or proposals for travel agency contracts from
   31-6  providers; and
   31-7              (3)  the use of negotiated contract rates for travel
   31-8  services by state agencies.
   31-9        SECTION 32.  Section 14.02(b), State Purchasing and General
  31-10  Services Act (Article 601b, Vernon's Texas Civil Statutes), is
  31-11  amended to read as follows:
  31-12        (b)  <The central travel office shall initially provide
  31-13  services to designated agencies located in Travis County and shall
  31-14  extend its services to all state agencies as it develops the
  31-15  capability to do so.>  The office may negotiate contracts with
  31-16  private travel agents, with travel and transportation providers,
  31-17  and with credit card companies that provide travel services and
  31-18  other benefits to the state.  The commission shall make contracts
  31-19  with more than one provider of travel agency services.  Contracts
  31-20  entered into under this section are not subject to the competitive
  31-21  bidding requirements imposed under Article 3 of this Act.  The
  31-22  comptroller of public accounts shall audit for compliance of rules
  31-23  adopted to enforce the provisions of this section.
  31-24        SECTION 33.  Chapter 417, Government Code, is amended by
  31-25  adding Section 417.0081 to read as follows:
  31-26        Sec. 417.0081.  INSPECTION OF CERTAIN STATE-OWNED BUILDINGS.
  31-27  The state fire marshal, at the commission's direction, shall
   32-1  periodically inspect public buildings under the charge and control
   32-2  of the General Services Commission and shall take any action
   32-3  authorized by the commission to protect the buildings and their
   32-4  occupants from an existing or threatened fire hazard.
   32-5        SECTION 34.  Subchapter A, Chapter 419, Government Code, is
   32-6  amended by adding Section 419.0081 to read as follows:
   32-7        Sec. 419.0081.  PROTECTION OF CERTAIN STATE-OWNED BUILDINGS
   32-8  AGAINST FIRE HAZARDS.  (a)  The commission shall take any action
   32-9  necessary to protect a public building under the charge and control
  32-10  of the General Services Commission, and the building's occupants,
  32-11  against an existing or threatened fire hazard.
  32-12        (b)  The commission and the General Services Commission shall
  32-13  make and each adopt by rule a memorandum of understanding that
  32-14  coordinates the agencies' duties under this section.
  32-15        SECTION 35.  Section 771.002, Government Code, is amended to
  32-16  read as follows:
  32-17        Sec. 771.002.  Definitions.  In this chapter:
  32-18              (1)  "Agency" includes:
  32-19                    (A)  a department, board, bureau, commission,
  32-20  court, office, authority, council, or institution;
  32-21                    (B)  a university, college, or any service or
  32-22  part of a state institution of higher education; and
  32-23                    (C)  any statewide job or employment training
  32-24  program for disadvantaged youth that is substantially financed by
  32-25  federal funds and that was created by executive order not later
  32-26  than December 30, 1986.
  32-27              (2)  <"Commission" means the State Purchasing and
   33-1  General Services Commission.>
   33-2              <(3)>  "Resources" means materials and<,> equipment<,
   33-3  and supplies>.
   33-4              (3) <(4)>  "Services" means special or technical
   33-5  services, including the services of employees.
   33-6        SECTION 36.  Section 771.004(a), Government Code, is amended
   33-7  to read as follows:
   33-8        (a)  Before a state agency may provide <furnish> or receive a
   33-9  service or resource under this chapter, the agency must have
  33-10  entered into a written agreement or contract that has been approved
  33-11  by the administrator of each agency that is a party to the
  33-12  agreement or contract <and by the commission>.
  33-13        SECTION 37.  Section 771.004, Government Code, is amended by
  33-14  amending Subsection (c) and by adding Subsection (d) to read as
  33-15  follows:
  33-16        (c)  A written agreement or contract is <and advance approval
  33-17  by the commission are> not required:
  33-18              (1)  in an emergency for the defense or safety of the
  33-19  civil population or in the planning and preparation for those
  33-20  emergencies;
  33-21              (2)  in cooperative efforts, proposed by the governor,
  33-22  for the economic development of the state; or
  33-23              (3)  in a situation in which the amount involved is
  33-24  less than $50,000 <$2,500>.
  33-25        (d)  In an interagency exchange that is exempt from the
  33-26  requirements of a written agreement or contract, the agencies
  33-27  involved shall document the exchange through informal letters of
   34-1  agreement or memoranda.
   34-2        SECTION 38.  Section 771.006, Government Code, is amended to
   34-3  read as follows:
   34-4        Sec. 771.006.  <Equipment> Purchases and Subcontracts of
   34-5  Services and Resources.  A contract under this chapter may
   34-6  authorize an <permit a furnishing> agency providing services and
   34-7  resources to subcontract and purchase the services and resources
   34-8  <equipment to the extent considered appropriate by the commission>.
   34-9        SECTION 39.  On the effective date of this Act, all powers,
  34-10  duties, and obligations relating to the protection of public
  34-11  buildings under the charge and control of the General Services
  34-12  Commission, and the buildings' occupants, against existing or
  34-13  threatened fire hazards are transferred from the General Services
  34-14  Commission to the Texas Commission on Fire Protection as provided
  34-15  by this Act.  All property in the custody of the General Services
  34-16  Commission and the original or a copy of any record that relates to
  34-17  fire protection activity in the buildings are transferred to the
  34-18  Texas Commission on Fire Protection.  All appropriations to the
  34-19  General Services Commission for fire protection activity in the
  34-20  buildings and all employees of the General Services Commission
  34-21  employed primarily to engage in fire protection activity in the
  34-22  buildings are transferred to the Texas Commission on Fire
  34-23  Protection.  All investigations and all filed reports or complaints
  34-24  relating to fire protection in the buildings are transferred
  34-25  without change in status from the General Services Commission to
  34-26  the Texas Commission on Fire Protection.  All rules, standards, and
  34-27  specifications of the General Services Commission relating to fire
   35-1  protection in the buildings remain in effect as rules, standards,
   35-2  and specifications of the Texas Commission on Fire Protection
   35-3  unless superseded by proper authority of that commission.
   35-4        SECTION 40.  The General Services Commission shall complete
   35-5  implementation of the changes in law made by this Act relating to
   35-6  the use of a centralized master bidders list by state agencies not
   35-7  later than September 1, 1995.  During the transition period
   35-8  provided by this section, affected state agencies shall provide the
   35-9  General Services Commission with all records and information in the
  35-10  custody of the agencies that relate to the commission's preparation
  35-11  of the centralized master bidders list.
  35-12        SECTION 41.  (a)  The General Services Commission shall
  35-13  appoint the new members added to the commission's construction
  35-14  contract review committee by this Act as soon as practicable after
  35-15  the effective date of this Act.  The representatives of each
  35-16  society or association that has had its representation on the
  35-17  committee reduced from two members to one member shall determine by
  35-18  agreement or by lot which representative will remain on the
  35-19  committee.
  35-20        (b)  Until all removals and new appointments of members of
  35-21  the commission's construction contract review committee have taken
  35-22  place, a quorum of the committee is a majority of the number of
  35-23  members serving at the time of a meeting.
  35-24        SECTION 42.  On the effective date of this Act, all powers,
  35-25  duties, and obligations of the Office of Small Business Assistance
  35-26  of the Texas Department of Commerce under Section 1.03, State
  35-27  Purchasing and General Services Act (Article 601b, Vernon's Texas
   36-1  Civil Statutes), are transferred to the General Services Commission
   36-2  as prescribed by the changes to Section 1.03 made by this Act.  All
   36-3  records and property in the custody of the office that relate to a
   36-4  function transferred by this Act are transferred to the commission.
   36-5  All appropriations to the office for functions transferred by this
   36-6  Act and all employees of the office employed primarily to engage in
   36-7  those functions are transferred to the commission.  An application
   36-8  for certification as a historically underutilized business is
   36-9  transferred without change in status from the office to the
  36-10  commission.  All rules, standards, and specifications of the office
  36-11  relating to the functions transferred by this Act remain in effect
  36-12  as rules, standards, and specifications of the commission unless
  36-13  superseded by proper authority of the commission.  All references
  36-14  in a transferred application, rule, standard, or specification to
  36-15  disadvantaged businesses is considered to be a reference to
  36-16  historically underutilized businesses.  A prior certification made
  36-17  by the office that a business is a disadvantaged business is
  36-18  considered to be a certification that a business is a historically
  36-19  underutilized business.
  36-20        SECTION 43.  Not later than January 1, 1995, the General
  36-21  Services Commission shall submit to the governor, lieutenant
  36-22  governor, and speaker of the house of representatives a report on
  36-23  the competitive sealed proposal process established by this Act
  36-24  that includes:
  36-25              (1)  a list of all purchases made under the process
  36-26  during the state fiscal year ending August 31, 1994, including
  36-27  purchases by institutions and other agencies of higher education
   37-1  under authority delegated by the commission;
   37-2              (2)  an analysis of benefits and disadvantages of the
   37-3  process; and
   37-4              (3)  recommendations for improving the process.
   37-5        SECTION 44.  (a)  The following laws are repealed:
   37-6              (1)  Section 771.005, Government Code; and
   37-7              (2)  Section 771.009, Government Code.
   37-8        (b)  The following law is repealed:
   37-9              (1)  Section 771.008(d), Government Code; or
  37-10              (2)  Section 6(d), The Interagency Cooperation Act
  37-11  (Article 4413(32), Vernon's Texas Civil Statutes), as added by
  37-12  Section 30, Chapter 641, Acts of the 72nd Legislature, Regular
  37-13  Session, 1991.
  37-14        (c)  Subsection (b)(1) of this section takes effect only if a
  37-15  bill relating to nonsubstantive additions to and corrections in
  37-16  enacted codes, including the nonsubstantive codification of various
  37-17  laws omitted from enacted codes, and to conforming codifications
  37-18  enacted by the 72nd Legislature to other acts of that legislature,
  37-19  is enacted by the 73rd Legislature and becomes law.  Subsection
  37-20  (b)(2) of this section takes effect only if the bill described by
  37-21  this subsection does not become law.
  37-22        SECTION 45.  This Act takes effect September 1, 1993.
  37-23        SECTION 46.  The importance of this legislation and the
  37-24  crowded condition of the calendars in both houses create an
  37-25  emergency and an imperative public necessity that the
  37-26  constitutional rule requiring bills to be read on three several
  37-27  days in each house be suspended, and this rule is hereby suspended.