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.