1-1 By: Black (Senate Sponsor - Harris of Dallas) H.B. No. 2626
1-2 (In the Senate - Received from the House April 29, 1993;
1-3 April 30, 1993, read first time and referred to Committee on State
1-4 Affairs; May 7, 1993, reported adversely, with favorable Committee
1-5 Substitute by the following vote: Yeas 8, Nays 0; May 7, 1993,
1-6 sent to printer.)
1-7 COMMITTEE VOTE
1-8 Yea Nay PNV Absent
1-9 Harris of Dallas x
1-10 Rosson x
1-11 Carriker x
1-12 Henderson x
1-13 Leedom x
1-14 Lucio x
1-15 Luna x
1-16 Nelson x
1-17 Patterson x
1-18 Shelley x
1-19 Sibley x
1-20 West x
1-21 Whitmire x
1-22 COMMITTEE SUBSTITUTE FOR H.B. No. 2626 By: Harris of Dallas
1-23 A BILL TO BE ENTITLED
1-24 AN ACT
1-25 relating to the continuation and operation of the General Services
1-26 Commission and to the transfer of certain functions to or from the
1-27 General Services Commission, the comptroller of public accounts,
1-28 the Texas Commission on Fire Protection, the Texas Department of
1-29 Commerce, and a newly created State Council on Competitive
1-30 Government and to the financing of certain projects by the
1-31 commission through the issuance of revenue bonds.
1-32 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-33 SECTION 1. Section 1.03, State Purchasing and General
1-34 Services Act (Article 601b, Vernon's Texas Civil Statutes), is
1-35 amended to read as follows:
1-36 Sec. 1.03. Disadvantaged businesses. (a) The commission
1-37 <Office of Small Business Assistance of the Texas Department of
1-38 Commerce> shall certify businesses that are disadvantaged
1-39 businesses. As part of its certification procedures, the
1-40 commission <office> may approve a municipal program that certifies
1-41 disadvantaged businesses under substantially the same definition
1-42 prescribed by Section 1.02(3) of this Act and may certify
1-43 businesses certified by the municipality as disadvantaged
1-44 businesses under this Act.
1-45 (b) The commission <office> shall compile a directory of
1-46 businesses certified as disadvantaged businesses under Subsection
1-47 (a) of this section. The commission <office> shall update the
1-48 directory at least semiannually and provide a copy of the directory
1-49 to <the commission and> each state agency semiannually. The
1-50 commission shall provide access to the directory either
1-51 electronically or in another format, depending on the needs of each
1-52 state agency. On request, the commission shall make the directory
1-53 available to local governments and the public. The commission and
1-54 state agencies shall use the directory in determining awards of
1-55 state purchasing and public works contracts.
1-56 (c)(1) In this subsection:
1-57 (A) "Total expenditures" means the sum total of
1-58 all payments made for purchases and contracts made by each agency.
1-59 (B) "Adjusted total expenditures" means the sum
1-60 total of purchases, contracts, and payments of each state agency
1-61 with object code exceptions defined by the comptroller.
1-62 (C) "Delegated purchases" means those purchasing
1-63 functions delegated to a state agency by the commission.
1-64 (D) "Department" means the Texas Department of
1-65 Commerce.
1-66 (E) "Historically underutilized businesses" has
1-67 the meaning assigned to that term by the General Appropriations
1-68 Act.
2-1 (F) "State agency" means any department,
2-2 commission, board, office, institution, or other agency in the
2-3 executive branch of state government.
2-4 (2)(A) The comptroller shall submit to the commission
2-5 each March and September a report reflecting the total number and
2-6 adjusted total expenditures of purchases, contracts, and payments
2-7 each state agency has made during the reporting period. Each state
2-8 agency shall submit to the commission each March and September a
2-9 report reflecting the total number and adjusted total expenditures
2-10 of purchases, contracts, and payments from nontreasury funds and
2-11 subcontracting and supplier contracts that the state agency has
2-12 made with historically underutilized businesses. Each agency shall
2-13 include with its report a list of businesses identification numbers
2-14 and object codes contract amount. The report shall include all
2-15 contracts, purchases, and payments made by the state agency. Each
2-16 state agency participating in a consortium formed under Subdivision
2-17 (5), Subsection (a) of Section 3.01 of this Act shall include with
2-18 the report a separate list of the total number and adjusted total
2-19 expenditures of purchases from, contracts with, and payments to
2-20 historically underutilized businesses the agency has made through
2-21 the consortium during the reporting period.
2-22 (B) It is the intent of this measure that
2-23 reports of HUB purchasing and contracts shall form a record of each
2-24 agency's purchases in which the agency selected the vendor. If the
2-25 vendor was selected by the commission as part of its state contract
2-26 program, the purchase shall be reflected on the commission's report
2-27 of its own purchases except in those cases where an agency selects
2-28 a sole source vendor under the provisions of Section 3.09 of the
2-29 Purchasing Code. In the case of 3.09 purchases, these vendor
2-30 selections shall remain part of the record of the agency selecting
2-31 the vendor, not the commission.
2-32 (C) The commission shall compare the
2-33 historically underutilized businesses list from the comptroller's
2-34 and each state agency's report filed pursuant to this section with
2-35 the list of historically underutilized businesses certified by the
2-36 commission and shall categorize each state agency list by the
2-37 gender and ethnicity of each historically underutilized business
2-38 according to the list of historically underutilized businesses
2-39 certified by the commission. The commission shall compile,
2-40 analyze, and consolidate the reports and submit a report based on
2-41 the final analysis to the presiding officer of each house of the
2-42 legislature and the members of the legislature and to each state
2-43 agency on April 1 and October 1 of each year.
2-44 (3)(A) Each state agency shall maintain continuously
2-45 the following:
2-46 (i) a list of the number of delegated
2-47 purchases made by the state agency during the current fiscal year
2-48 from historically underutilized businesses;
2-49 (ii) the percentage relationship that the
2-50 total number of historically underutilized business purchases,
2-51 contracts by the state agency, and subcontracts made by contractors
2-52 and by the state agency during the current fiscal year bears to the
2-53 total number of delegated purchases made by the state agency;
2-54 (iii) the total expenditures of the state
2-55 agency with historically underutilized businesses; and
2-56 (iv) a list of adjusted total expenditures
2-57 made monthly by each office within the state agency with
2-58 historically underutilized businesses during the current fiscal
2-59 year.
2-60 (B) The commission, department, and comptroller
2-61 shall classify these and any other expenditures not included in the
2-62 reports required by this subsection in a manner that shows the
2-63 relative level of opportunity offered historically underutilized
2-64 business vendors by the sector or class of commission expenditures.
2-65 (C) The commission, department, and comptroller
2-66 shall seek the advice of the governor, the legislature, and other
2-67 state agencies in prioritizing business sectors and object or
2-68 expenditure codes to pursue identification and development of
2-69 future historically underutilized businesses' business
2-70 opportunities.
3-1 (4) The commission may adopt rules to implement this
3-2 subsection. <The commission and each state agency shall report
3-3 to the office the total number and dollar amount of contracts
3-4 awarded to disadvantaged businesses. These reports shall be made
3-5 each January and July and shall report on the previous six-month
3-6 period. The office shall compile and analyze the reports and
3-7 submit a report based on the analysis to the presiding officer of
3-8 each house of the legislature each February.>
3-9 (d) The commission shall offer assistance and training to
3-10 disadvantaged businesses regarding state procurement procedures.
3-11 The commission shall advise disadvantaged businesses of the
3-12 availability of state contracts and advise disadvantaged businesses
3-13 to enter the businesses' names on the state's bid list.
3-14 SECTION 2. Section 2.02, State Purchasing and General
3-15 Services Act (Article 601b, Vernon's Texas Civil Statutes), is
3-16 amended to read as follows:
3-17 Sec. 2.02. Membership. The commission is composed of six
3-18 members appointed by the governor with the advice and consent of
3-19 the senate. All members must be representatives of the general
3-20 public. Appointments to the commission shall be made without
3-21 regard to the race, color, disability <handicap>, sex, religion,
3-22 age, or national origin of the appointees. In making appointments
3-23 under this section, the governor shall attempt to appoint members
3-24 of different minority groups, including females, African-Americans,
3-25 Hispanic-Americans, Native Americans, and Asian-Americans. A
3-26 person is not eligible for appointment if the person or the
3-27 person's spouse:
3-28 (1) is employed by or participates in the management
3-29 of a business entity or other organization that contracts with the
3-30 commission;
3-31 (2) owns or controls, directly or indirectly, more
3-32 than a 10 percent interest in a business entity or other
3-33 organization that contracts with the state; or
3-34 (3) uses or receives a substantial amount of tangible
3-35 goods, services, or funds from the commission, other than
3-36 compensation or reimbursement authorized by law for commission
3-37 membership, attendance, or expenses.
3-38 SECTION 3. Section 2.06(i), State Purchasing and General
3-39 Services Act (Article 601b, Vernon's Texas Civil Statutes), is
3-40 amended to read as follows:
3-41 (i) The executive director or the executive director's
3-42 designee shall prepare and maintain a written policy statement to
3-43 assure implementation of a program of equal employment opportunity
3-44 under which all personnel transactions are made without regard to
3-45 race, color, disability <handicap>, sex, religion, age, or national
3-46 origin. The policy statement must include:
3-47 (1) personnel policies, including policies relating to
3-48 recruitment, evaluation, selection, appointment, training, and
3-49 promotion of personnel, that are in compliance with requirements of
3-50 the Commission on Human Rights Act (Article 5221k, Vernon's Texas
3-51 Civil Statutes), and its subsequent amendments;
3-52 (2) a comprehensive analysis of the commission work
3-53 force that meets federal and state guidelines;
3-54 (3) procedures by which a determination can be made of
3-55 significant underutilization in the commission work force of all
3-56 persons for whom federal or state guidelines encourage a more
3-57 equitable balance; and
3-58 (4) reasonable methods to address appropriately those
3-59 areas of significant underutilization.
3-60 SECTION 4. Section 2.06(j), State Purchasing and General
3-61 Services Act (Article 601b, Vernon's Texas Civil Statutes), is
3-62 amended to read as follows:
3-63 (j) A policy statement prepared under Subsection (i) of this
3-64 section must cover an annual period, be updated at least annually,
3-65 be reviewed annually by the Commission on Human Rights for
3-66 compliance with Subsection (i)(1) of this section, and be filed
3-67 with the governor's office.
3-68 SECTION 5. Section 2.07, State Purchasing and General
3-69 Services Act (Article 601b, Vernon's Texas Civil Statutes), is
3-70 amended to read as follows:
4-1 Sec. 2.07. Application of Sunset Act. The commission is
4-2 subject to Chapter 325, Government Code (Texas Sunset Act). Unless
4-3 continued in existence as provided by that chapter, the commission
4-4 is abolished and this Act expires September 1, 2001 <1993>.
4-5 SECTION 6. Section 2.10(c), State Purchasing and General
4-6 Services Act (Article 601b, Vernon's Texas Civil Statutes), is
4-7 amended to read as follows:
4-8 (c) The commission shall prepare and maintain a written plan
4-9 that describes how a person who does not speak English <or who has
4-10 a physical, mental, or developmental disability> can be provided
4-11 reasonable access to the commission's programs. The commission
4-12 shall also comply with federal and state laws for program and
4-13 facility accessibility.
4-14 SECTION 7. Section 3.022, State Purchasing and General
4-15 Services Act (Article 601b, Vernon's Texas Civil Statutes), is
4-16 amended by adding Subsection (h) to read as follows:
4-17 (h) A medical or dental unit as that term is defined in
4-18 Section 61.003, Education Code, may purchase the following types of
4-19 medical equipment by the use of competitive sealed proposals if it
4-20 follows commission rules and procedures provided by this section
4-21 regarding the use of competitive sealed proposals and submits to
4-22 the commission a written finding that competitive sealed bidding or
4-23 informal competitive bidding is not practical or is disadvantageous
4-24 to the state for the proposed acquisition:
4-25 (1) prototypical medical equipment not yet available
4-26 on the market;
4-27 (2) medical equipment so new to the market that its
4-28 benefits are not fully known; or
4-29 (3) major medical equipment that is so technically
4-30 complex that development of specifications for competitive bidding
4-31 is not feasible.
4-32 SECTION 8. Article 3, State Purchasing and General Services
4-33 Act (Article 601b, Vernon's Texas Civil Statutes), is amended by
4-34 adding Section 3.0221 to read as follows:
4-35 Sec. 3.0221. COMPETITIVE SEALED PROPOSALS; ACQUISITION OF
4-36 CERTAIN SUPPLIES, MATERIALS, EQUIPMENT, AND ROUTINE SERVICES.
4-37 (a) The commission may follow a procedure using competitive sealed
4-38 proposals to acquire:
4-39 (1) supplies, materials, or equipment if the cost of
4-40 acquisition is $1 million or more; or
4-41 (2) routine services if the cost of acquisition is
4-42 $100,000 or more.
4-43 (b) Only the commission may acquire goods or services using
4-44 competitive sealed proposals under this section. The commission
4-45 may not delegate this authority to a state agency.
4-46 (c) To acquire goods or services using competitive sealed
4-47 proposals under this section, the commission must first determine
4-48 in an open meeting that competitive sealed bidding or informal
4-49 competitive bidding is not practical or is disadvantageous to the
4-50 state.
4-51 (d) The commission shall solicit proposals by a request for
4-52 proposals. The commission shall give public notice of a request
4-53 for proposals in the manner provided for requests for bids under
4-54 Section 3.12 of this article.
4-55 (e) The commission shall consult with appropriate personnel
4-56 of a requisitioning agency to develop specifications for a request
4-57 for competitive sealed proposals under this section.
4-58 (f) The commission shall open each proposal in a manner that
4-59 does not disclose the contents of the proposal during the process
4-60 of negotiating with competing offerors. The commission shall file
4-61 each proposal in a register of proposals, which shall be open for
4-62 public inspection after a contract is awarded unless the register
4-63 contains information that is excepted from disclosure as an open
4-64 record under Section 3, Chapter 424, Acts of the 63rd Legislature,
4-65 Regular Session, 1973 (Article 6252-17a, Vernon's Texas Civil
4-66 Statutes), and its subsequent amendments.
4-67 (g) As provided in a request for proposals and under rules
4-68 adopted by the commission, the commission may discuss acceptable or
4-69 potentially acceptable proposals with offerors to assess an
4-70 offeror's ability to meet the solicitation requirements. After the
5-1 submission of a proposal but before making an award, the commission
5-2 may permit the offeror to revise the proposal in order to obtain
5-3 the best final offer. The commission may not disclose any
5-4 information derived from proposals submitted from competing
5-5 offerors in conducting discussions under this subsection. The
5-6 commission shall provide each offeror with an equal opportunity for
5-7 discussion and revision of proposals.
5-8 (h) The commission shall invite a requisitioning agency to
5-9 participate in discussions conducted under Subsection (g) of this
5-10 section.
5-11 (i) The commission shall make a written award of a contract
5-12 to the offeror whose proposal is the most advantageous to the
5-13 state, considering price and the evaluation factors in the request
5-14 for proposals, except that if the commission finds that none of the
5-15 offers is acceptable, it shall refuse all offers. The contract
5-16 file must state in writing the basis on which the award is made.
5-17 (j) The commission may adopt rules and request assistance
5-18 from other state agencies to perform its responsibilities under
5-19 this section.
5-20 (k) This section does not affect Section 3.022 of this
5-21 article regarding the use of competitive sealed proposals for
5-22 acquiring goods or services related to telecommunications or
5-23 automated information technology.
5-24 SECTION 9. Section 3.04, State Purchasing and General
5-25 Services Act (Article 601b, Vernon's Texas Civil Statutes), is
5-26 amended to read as follows:
5-27 Sec. 3.04. Mental Health and Mental Retardation Community
5-28 Centers; Assistance Organizations. Community centers for mental
5-29 health and mental retardation services that receive <are receiving>
5-30 state grants-in-aid under the provisions of Article 4 of the Texas
5-31 Mental Health and Mental Retardation Act and assistance
5-32 organizations as defined by Section 9.01 of this Act that receive
5-33 any state funds may purchase goods and services <drugs and
5-34 medicines> through the commission.
5-35 SECTION 10. Section 3.101, State Purchasing and General
5-36 Services Act (Article 601b, Vernon's Texas Civil Statutes), is
5-37 amended to read as follows:
5-38 Sec. 3.101. Centralized Master Bidders List <lists>.
5-39 (a) This section:
5-40 (1) applies to all purchases or other acquisitions
5-41 under this article, including the acquisition of services, for
5-42 which competitive bidding or competitive sealed proposals are
5-43 required;
5-44 (2) applies to each <all> state agency <agencies> that
5-45 makes <make> purchases or other acquisitions under this article,
5-46 including the commission and agencies that make purchases or other
5-47 acquisitions under Section 3.06 of this article; and
5-48 (3) does not apply to purchases or other acquisitions
5-49 made by the commission under Section 3.11 of this article.
5-50 (b) The commission shall develop a uniform registration form
5-51 for application to do business with the commission or with any
5-52 state agency. The commission and each state agency shall make the
5-53 form available to applicants. The form shall include an
5-54 application for:
5-55 (1) certification as a disadvantaged business;
5-56 (2) a payee identification number for use by the
5-57 comptroller; and
5-58 (3) placement on the commission's master bidders list.
5-59 (c) A state agency shall submit to the commission each
5-60 uniform registration form that it receives. The commission shall
5-61 send to the comptroller a copy of each uniform registration form.
5-62 (d) The commission <The registration forms shall constitute
5-63 a valid application for a bidders list by all state agencies.
5-64 Nothing in this subsection shall be construed as preventing any
5-65 state agency from developing and using its own registration form,
5-66 but such forms shall not be required in addition to or in lieu of
5-67 the uniform registration form developed by the commission.>
5-68 <(c) Each state agency> shall maintain a master bidders list
5-69 and annually register on the list the name and address of each
5-70 vendor that applies for registration in accordance with rules
6-1 adopted under this section. The commission <An agency> may include
6-2 other relevant vendor information on the list. Each state agency
6-3 shall solicit bids or proposals from all eligible vendors on the
6-4 list that serve the agency's geographic region, as provided by this
6-5 section, when the agency proposes to make a purchase or other
6-6 acquisition that will cost more than $10,000 <$5,000>. The
6-7 commission shall maintain the master bidders list in a manner that
6-8 facilitates a state agency's solicitation of vendors that serve the
6-9 agency's geographic area.
6-10 (e) The commission shall make the master bidders list
6-11 available to each state agency that makes purchases or other
6-12 acquisitions to which this section applies. The commission shall
6-13 provide access to the list either electronically or in another
6-14 format, depending on the needs of each state agency.
6-15 (f) The commission <(d) A state agency> may charge
6-16 applicants for registration a fee and may charge registrants an
6-17 annual renewal fee in an amount designed to recover the
6-18 commission's <agency's> costs in developing and maintaining the
6-19 master <its> bidders list and in soliciting bids or proposals under
6-20 this section. The commission <An agency> shall set the amount of
6-21 the fees by rule.
6-22 (g) The commission <(e) Each state agency> shall adopt
6-23 procedures for developing and maintaining the master <its> bidders
6-24 list and procedures for removing inactive vendors from the list.
6-25 (h) The commission <(f) Each state agency> shall establish
6-26 by rule a vendor classification process under which only vendors
6-27 that may be able to make a bid or proposal on a particular purchase
6-28 or other acquisition are solicited under this section.
6-29 (i) A state agency may maintain and use its own bidders list
6-30 only if the commission determines by rule that the agency has
6-31 specialized needs that can best be met through maintaining and
6-32 using its own specialized bidders list. The commission by rule may
6-33 prescribe the categories of purchases or other acquisitions for
6-34 which an agency's specialized bidders list may be used. An agency
6-35 may supplement the bidders list with its own list of disadvantaged
6-36 businesses if it determines that supplementation will increase the
6-37 number of disadvantaged businesses that submit bids.
6-38 (j) <(g)> The commission may establish by rule a process
6-39 under which the requirement for soliciting bids or proposals from
6-40 eligible vendors on a <the> bidders list may be waived for
6-41 appropriate state agencies or appropriate purchases or other
6-42 acquisitions in circumstances in which the requirement is not
6-43 warranted. The commission also may assist state agencies regarding
6-44 issues that arise under this section.
6-45 SECTION 11. Section 3.15(h), State Purchasing and General
6-46 Services Act (Article 601b, Vernon's Texas Civil Statutes), is
6-47 amended to read as follows:
6-48 (h) This section does not apply to interagency purchases or
6-49 transactions. Interagency purchases and transactions must be
6-50 accomplished on special vouchers or electronically as prescribed by
6-51 the comptroller <of public accounts. The commission shall audit
6-52 all interagency purchases and transactions after they have been
6-53 completed>.
6-54 SECTION 12. Section 3.29(a), State Purchasing and General
6-55 Services Act (Article 601b, Vernon's Texas Civil Statutes), is
6-56 amended to read as follows:
6-57 (a) A state agency may not purchase or lease a vehicle
6-58 designed or used primarily for the transportation of persons,
6-59 including a station wagon, that has a wheel base longer than 113
6-60 inches or that has more than 160 SAE net horsepower, except that
6-61 the vehicle may have a wheel base of up to 116 inches or SAE net
6-62 horsepower of up to 280 if the vehicle will be converted so that it
6-63 is capable of using compressed natural gas or another alternative
6-64 fuel that results in comparably lower emissions of oxides of
6-65 nitrogen, volatile organic compounds, carbon monoxide, or
6-66 particulates. This exception to the wheel base and horsepower
6-67 limitations applies to a state agency regardless of the size of the
6-68 agency's vehicle fleet. The wheel base and horsepower limitations
6-69 prescribed by this subsection do <This provision does> not apply to
6-70 the purchase or lease of a vehicle to be used primarily for
7-1 criminal law enforcement or a bus, motorcycle, pickup, van, truck,
7-2 three-wheel vehicle, tractor, or ambulance.
7-3 SECTION 13. Section 4.01(a), State Purchasing and General
7-4 Services Act (Article 601b, Vernon's Texas Civil Statutes), is
7-5 amended to read as follows:
7-6 (a) The commission shall have charge and control of all
7-7 public buildings, grounds and property of the state, and is the
7-8 custodian of all public personal property, and is responsible for
7-9 the proper care and protection of such property from damage,
7-10 intrusion, or improper usage. <The commission is expressly
7-11 directed to take any steps necessary to protect public buildings
7-12 against any existing or threatened fire hazards.> The commission
7-13 is authorized to provide for the allocation of space in any of the
7-14 public buildings to the departments of the state government for the
7-15 uses authorized by law, and is authorized to make any repairs to
7-16 any such buildings or parts thereof necessary to the serviceable
7-17 accommodation of the uses to which such buildings or space therein
7-18 may be allotted.
7-19 SECTION 14. Section 4.13, State Purchasing and General
7-20 Services Act (Article 601b, Vernon's Texas Civil Statutes), is
7-21 transferred to Chapter 443, Government Code, designated as Section
7-22 443.020, and amended to read as follows:
7-23 Sec. 443.020 <4.13>. Pass Keys to Rooms in the Capitol. Any
7-24 person who shall make or have made or keep in his possession a pass
7-25 or master key to the rooms and apartments in the state capitol,
7-26 unless authorized to do so, shall be fined not exceeding $100.
7-27 SECTION 15. Section 5.16(c), State Purchasing and General
7-28 Services Act (Article 601b, Vernon's Texas Civil Statutes), is
7-29 amended to read as follows:
7-30 (c) A project analysis shall consist of (1) a complete
7-31 description of the facility or project together with a
7-32 justification of such facility or project prepared by the using
7-33 agency, (2) a detailed estimate of the amount of space needed to
7-34 meet the needs of the using agency and to allow for realistic
7-35 future growth, (3) a description of the proposed facility prepared
7-36 by an architect/engineer and including schematic plans and outline
7-37 specifications describing the type of construction and probable
7-38 materials to be used, sufficient to establish the general scope and
7-39 quality of construction, (4) an estimate of the probable cost of
7-40 construction, (5) a description of the proposed site of the project
7-41 and an estimate of the cost of site preparation, (6) an overall
7-42 estimate of the cost of the project, (7) the information about
7-43 historic structures considered instead of new construction that was
7-44 prepared as required by Section 5.01A of this article, <and> (8) an
7-45 evaluation of energy alternatives as required by Section 5.161 of
7-46 this article, and (9) other information as required by the
7-47 commission. A project analysis may include two or more alternative
7-48 proposals for meeting the space needs of the using agency by (1)
7-49 new construction, (2) acquisition and rehabilitation of an existing
7-50 or historic structure, or (3) a combination of the above. If any
7-51 part of the project involves the construction or rehabilitation of
7-52 a building that is to be used primarily as a parking garage or for
7-53 office space for the state government, the project analysis also
7-54 shall include a description of the amount and location of space in
7-55 the building that can be made available for lease, under Section
7-56 4.15 of this Act, to private tenants or shall include a statement
7-57 of the reason that the lease of space in the building to private
7-58 tenants is not feasible. All estimates involved in the preparation
7-59 of a project analysis shall be carefully and fully documented and
7-60 incorporated into the project analysis.
7-61 Throughout the preparation of the project analysis, the
7-62 commission and any private architect/engineer employed by the
7-63 commission shall work closely and cooperatively with the using
7-64 agency to the end that the project analysis shall fully reflect the
7-65 needs of the using agency.
7-66 The using agency shall use the cost of the project as
7-67 determined by such project analysis as the basis of its request to
7-68 the budget offices of this state.
7-69 SECTION 16. Article 5, State Purchasing and General Services
7-70 Act (Article 601b, Vernon's Texas Civil Statutes), is amended by
8-1 adding Section 5.161 to read as follows:
8-2 Sec. 5.161. EVALUATION OF ENERGY ALTERNATIVES. (a) For
8-3 each project for which a project analysis is prepared under Section
8-4 5.16 of this article, and for which the construction, alteration,
8-5 or repair involves installing or replacing all or part of an energy
8-6 system, energy source, or energy-consuming equipment, the
8-7 commission, or the private architect/engineer employed by the
8-8 commission, shall prepare a written evaluation of energy
8-9 alternatives for the project.
8-10 (b) An evaluation prepared under this section shall include
8-11 information about the economic and environmental impact of various
8-12 energy alternatives, including an evaluation of economic and
8-13 environmental costs both initially and over the life of the system,
8-14 source, or equipment.
8-15 (c) An evaluation under this section shall identify the best
8-16 energy alternative for the project considering both economic and
8-17 environmental costs and benefits.
8-18 SECTION 17. Section 5.22, State Purchasing and General
8-19 Services Act (Article 601b, Vernon's Texas Civil Statutes), is
8-20 amended by amending Subsection (b) and adding Subsection (d) to
8-21 read as follows:
8-22 (b) Responsibility for the selection of a private
8-23 architect/engineer employed for any project covered by the
8-24 provisions of this article shall be vested in the commission. The
8-25 commission shall adopt rules that state the criteria the commission
8-26 uses to evaluate the competence and qualifications of private
8-27 architects/engineers. The commission shall develop the rules in
8-28 consultation with the Texas Board of Architectural Examiners and
8-29 the State Board of Registration for Professional Engineers. Except
8-30 in an emergency, the <The> commission shall allow each private
8-31 architect/engineer selected for an interview at least 30 days after
8-32 the date the commission notifies the architect/engineer to prepare
8-33 for the interview.
8-34 (d) In this section, an emergency is a situation that:
8-35 (1) presents an imminent peril to the public health,
8-36 safety, or welfare;
8-37 (2) presents an imminent peril to property;
8-38 (3) requires expeditious action to prevent a hazard to
8-39 life, health, safety, welfare, or property; or
8-40 (4) requires expeditious action to avoid undue
8-41 additional cost to a state agency or the state.
8-42 SECTION 18. Section 5.26, State Purchasing and General
8-43 Services Act (Article 601b, Vernon's Texas Civil Statutes), is
8-44 amended by amending Subsection (b) and by adding Subsection (c) to
8-45 read as follows:
8-46 (b) The commission shall cause the uniform general
8-47 conditions of state building construction contracts to be reviewed
8-48 whenever in its opinion such review is desirable, but in no event
8-49 less frequently than once every five years. The review shall be
8-50 made by a committee appointed by the commission consisting of the
8-51 director of facilities construction and space management, who shall
8-52 serve ex officio as chairman of the committee and who shall vote
8-53 only in the event of a tie; one person <two persons> appointed by
8-54 the commission from a list of nominees submitted to it by the
8-55 President of the Texas Society of Architects; one person <two
8-56 persons> appointed by the commission from a list of nominees
8-57 submitted to it by the President of the Texas Society of
8-58 Professional Engineers; one person <two persons> appointed by the
8-59 commission from a list of nominees submitted to it by the Chairman
8-60 of the Executive Council of the Texas Associated General
8-61 Contractors Chapters; one person <and two persons> appointed by the
8-62 commission from the list of nominees submitted to it by the
8-63 Executive Secretary of the Mechanical Contractors Associations of
8-64 Texas, Incorporated; one person appointed by the commission from a
8-65 list of nominees submitted to it by the Executive Secretary of the
8-66 Texas Building and Construction Trades Council; one person
8-67 appointed by the commission from a list of nominees submitted to it
8-68 by the President of the Associated Builders and Contractors of
8-69 Texas; one person appointed by the commission from a list of
8-70 nominees submitted to it by the Executive Director of the National
9-1 Association of Minority Contractors residing in Texas; one person
9-2 appointed by the commission representing an institution of higher
9-3 education, as defined by Section 61.003, Education Code; one person
9-4 appointed by the commission representing a state agency that has a
9-5 substantial ongoing construction program; and one person appointed
9-6 by the commission representing the attorney general's office.
9-7 Members of any review committee appointed pursuant to this
9-8 subsection shall serve without compensation but may be reimbursed
9-9 for their necessary and actual expenses.
9-10 (c) Any contract covered by this section that is not
9-11 excepted by Sections 5.13 and 5.14 shall be considered to have an
9-12 arbitration clause as a part of the contract covering any dispute
9-13 or claim arising out of the contract. A party to a contract with a
9-14 claim or dispute against the other party shall give 30 days'
9-15 written notice of the nature and extent of the claim or dispute.
9-16 If the matters are not resolved within this notice period, either
9-17 party may commence arbitration by giving the other a written
9-18 request for arbitration and arbitrators shall be appointed. The
9-19 arbitrators shall be selected as provided in the contract. If the
9-20 contract does not provide for the selection of arbitrators, each
9-21 party shall appoint one arbitrator. The two appointed arbitrators
9-22 shall select a third arbitrator. All arbitrators shall be
9-23 uninterested parties and have no affiliation with either party to
9-24 the contract. The parties shall make their appointments within 10
9-25 business days after a written request for arbitration is delivered
9-26 from one party to another. The third arbitrator shall be appointed
9-27 within 10 business days after the appointment of the party
9-28 arbitrators. The arbitration shall be conducted within 20 business
9-29 days after the appointments are made. The decision of the
9-30 arbitrators shall be binding on the parties. The arbitration shall
9-31 be governed by and may be compelled and enforced under the Texas
9-32 General Arbitration Act (Article 224 et seq., Revised Statutes) or
9-33 under the United States Arbitration Act (9 U.S.C. Section 1 et
9-34 seq.), if applicable. The arbitration award shall not include
9-35 punitive or exemplary damages nor attorney's fees. Arbitration may
9-36 not be requested after the first anniversary of the completion of
9-37 the work under the contract.
9-38 SECTION 19. Section 5.32(b)(1), State Purchasing and General
9-39 Services Act (Article 601b, Vernon's Texas Civil Statutes), is
9-40 amended to read as follows:
9-41 (1) "Solar energy" means <radiant> energy from the sun
9-42 that may be collected and converted into useful thermal,
9-43 mechanical, or electrical energy. The term includes biomass energy
9-44 that is created in living plants through photosynthesis, wind
9-45 energy, and other renewable energy resources.
9-46 SECTION 20. Section 5.32(c), State Purchasing and General
9-47 Services Act (Article 601b, Vernon's Texas Civil Statutes), is
9-48 amended to read as follows:
9-49 (c) During the planning phase of the proposed construction
9-50 of a new state building, the commission or, if the construction is
9-51 included in the exceptions prescribed by Section 5.13 of this
9-52 article, the governing body of the appropriate agency or
9-53 institution shall verify in an open meeting <determine> the
9-54 economic feasibility of incorporating solar energy devices for
9-55 space heating, cooling, water heating, electrical loads, and
9-56 interior lighting into the building's design and proposed energy
9-57 system. Economic feasibility for each function shall be determined
9-58 by comparing the estimated cost of providing energy for the
9-59 function <procurement> using conventional design practices and
9-60 energy systems with the estimated cost of providing energy for the
9-61 function using solar energy devices during the economic life of the
9-62 proposed new building.
9-63 SECTION 21. Article 5, State Purchasing and General Services
9-64 Act (Article 601b, Vernon's Texas Civil Statutes), is amended by
9-65 adding Section 5.37 to read as follows:
9-66 Sec. 5.37. SMALL CONTRACTOR PARTICIPATION ASSISTANCE
9-67 PROGRAM. (a) In this section:
9-68 (1) "Program" means the small contractor participation
9-69 assistance program created under this section.
9-70 (2) "Public works project" means a construction
10-1 project designed to serve the public necessity, use, or convenience
10-2 that is undertaken and carried out by the commission. The term
10-3 includes a project for the construction, alteration, or repair of a
10-4 public building.
10-5 (3) "Small business concern" has the meaning assigned
10-6 by the Small Business Act (15 U.S.C. Section 631 et seq.) and its
10-7 subsequent amendments.
10-8 (4) "Small contractor" means a contractor that
10-9 operates as a small business concern.
10-10 (b) This section applies only to a contract for a public
10-11 works project the estimated cost of which exceeds $20 million.
10-12 (c) The following laws do not apply to a contract for a
10-13 public works project subject to this section:
10-14 (1) Article 5160, Revised Statutes; and
10-15 (2) Section 3.23(c), Texas Workers' Compensation Act
10-16 (Article 8308-3.23, Vernon's Texas Civil Statutes).
10-17 (d) The commission shall establish a small contractor
10-18 participation assistance program to ensure full opportunity for
10-19 participation in public works projects by small contractors. A
10-20 program established under this section must include:
10-21 (1) a system for the centralized purchase of any
10-22 necessary insurance coverage for the public works project required
10-23 under Subsection (e) of this section;
10-24 (2) a public outreach plan to provide public
10-25 information about the program and to encourage small contractors to
10-26 participate in the program;
10-27 (3) a technical assistance plan to aid small
10-28 contractors to develop the skills necessary to participate in the
10-29 program in accordance with Subsection (f) of this section; and
10-30 (4) a financing assistance plan to provide
10-31 administrative and other assistance to small contractors in
10-32 obtaining any necessary financing arrangements to make the
10-33 participation of those contractors possible.
10-34 (e) The commission shall provide for the centralized
10-35 purchasing of:
10-36 (1) workers' compensation insurance coverage;
10-37 (2) employer's liability insurance coverage;
10-38 (3) commercial general and excess liability coverage;
10-39 and
10-40 (4) any other analogous coverage the commission
10-41 considers necessary and reasonable for the particular public works
10-42 project.
10-43 (f) A technical assistance plan adopted by the commission
10-44 must include information on and assistance in:
10-45 (1) estimating bids, the bidding process, scheduling,
10-46 and understanding bid documents;
10-47 (2) reading construction drawings and other analogous
10-48 documents;
10-49 (3) business accounting, bonds, and bond requirements;
10-50 (4) negotiation with general contractors; and
10-51 (5) any other technical and administrative assistance
10-52 considered appropriate and necessary given the complexity and scope
10-53 of the particular public works project.
10-54 (g) The commission may negotiate contracts with persons or
10-55 firms having expertise in the areas that must be included in the
10-56 commission's technical assistance plan to provide the information
10-57 and assistance.
10-58 SECTION 22. Section 6.01, State Purchasing and General
10-59 Services Act (Article 601b, Vernon's Texas Civil Statutes), is
10-60 amended to read as follows:
10-61 Sec. 6.01. Definition. In this article, "space" means
10-62 office space, warehouse space, laboratory space, storage space
10-63 exceeding 1,000 gross square feet, or any combination thereof, but
10-64 does not include aircraft hangar space, radio antenna space, boat
10-65 storage space, vehicle parking space, residential space for a Texas
10-66 Department of Mental Health and Mental Retardation program,
10-67 residential space for a Texas Youth Commission program, or space to
10-68 be utilized for less than one month for meetings, conferences,
10-69 seminars, conventions, displays, examinations, auctions, or other
10-70 similar purposes.
11-1 SECTION 23. Article 6, State Purchasing and General Services
11-2 Act (Article 601b, Vernon's Texas Civil Statutes), is amended by
11-3 adding Section 6.021 to read as follows:
11-4 Sec. 6.021. SPACE USE STUDY; LIMITATION ON ALLOCATION OF
11-5 SPACE. (a) The commission periodically shall conduct a study to
11-6 determine the space requirements of various state agencies that
11-7 occupy space under the commission's charge and control, including
11-8 state-owned space and space leased from other sources.
11-9 (b) The commission shall use the results of the study to:
11-10 (1) determine the optimal amount of space required for
11-11 various state agency uses; and
11-12 (2) allocate space to state agencies in the best and
11-13 most efficient manner possible.
11-14 (c) The commission may not allocate space to a state agency
11-15 that exceeds an average of 200 square feet for each agency employee
11-16 for each agency site, with the exception of an agency site at which
11-17 15 or fewer employees are located. This subsection does not apply
11-18 to:
11-19 (1) warehouse space;
11-20 (2) laboratory space;
11-21 (3) storage space exceeding 1,000 gross square feet;
11-22 or
11-23 (4) another type of space specified by commission
11-24 rule, if the commission determines that it is not practical to
11-25 apply this subsection to the specified space.
11-26 (d) The commission shall conduct a study under this section
11-27 at least once during each state fiscal biennium.
11-28 SECTION 24. Section 9.13, State Purchasing and General
11-29 Services Act (Article 601b, Vernon's Texas Civil Statutes), is
11-30 amended to read as follows:
11-31 Sec. 9.13. Exemption. For purposes of this article the
11-32 terms "surplus" and "salvage" shall not apply to products and
11-33 by-products of research, forestry, agricultural, livestock, and
11-34 industrial enterprises <in excess of that quantity required for
11-35 consumption by the producing agency when such agencies have a
11-36 continuing and adequate system of marketing research and sales, the
11-37 efficiency of which shall be certified to the commission by the
11-38 state auditor. A qualifying agency shall furnish the commission
11-39 with a copy of the rules and regulations and latest revisions
11-40 thereof promulgated by the policy-making body of each agency or
11-41 institution for the guidance and administration of the programs
11-42 enumerated herein. When requested by such agency or institution to
11-43 do so, the commission shall dispose of the property as provided for
11-44 in this article>.
11-45 SECTION 25. Section 10.02, State Purchasing and General
11-46 Services Act (Article 601b, Vernon's Texas Civil Statutes), is
11-47 amended by amending Subsection (e) and adding Subsection (g) to
11-48 read as follows:
11-49 (e) The commission, Department of Information Resources, and
11-50 comptroller shall negotiate rates and execute contracts with
11-51 telecommunications service providers for services. Those entities
11-52 may acquire transmission facilities by purchase, lease, or
11-53 lease-purchase in accordance with Article 3 of this Act<, which
11-54 shall be done on a competitive bid basis if possible>. Those
11-55 entities may develop, establish, and maintain carrier systems
11-56 necessary to the operation of the telecommunications system. The
11-57 commission may own, lease, or lease-purchase any or all of the
11-58 facilities or equipment necessary to provide telecommunications
11-59 services in accordance with Article 3 of this Act.
11-60 (g) A representative of the Central Education Agency and a
11-61 representative of the Texas Higher Education Coordinating Board
11-62 shall review and comment on telecommunications plans developed by
11-63 the commission, the Department of Information Resources, and the
11-64 comptroller under this section. The participation of the Central
11-65 Education Agency and the Texas Higher Education Coordinating Board
11-66 is for the limited purpose of coordinating the statewide
11-67 telecommunications system developed under this article with the
11-68 telecommunications systems of educational entities that are not
11-69 subject to this article. A representative of the Central Education
11-70 Agency or the Texas Higher Education Coordinating Board under this
12-1 section acts in an advisory capacity only and is not entitled to
12-2 vote on decisions made under this article.
12-3 SECTION 26. Section 10.05, State Purchasing and General
12-4 Services Act (Article 601b, Vernon's Texas Civil Statutes), is
12-5 amended to read as follows:
12-6 Sec. 10.05. SHARING OF SERVICES OR FACILITIES.
12-7 Telecommunications facilities and services, to the extent feasible
12-8 and desirable, shall be provided on an integrated or shared basis,
12-9 or both, among and between entities authorized to use the
12-10 consolidated telecommunications systems under this Article 10 to
12-11 avoid waste of state funds and manpower. Such sharing or
12-12 integrated use does not constitute the resale or carriage of
12-13 services and does not subject the system to regulation or reporting
12-14 under the Public Utility Regulatory Act (Article 1446c, Vernon's
12-15 Texas Civil Statutes).
12-16 SECTION 27. Section 10.09(d), State Purchasing and General
12-17 Services Act (Article 601b, Vernon's Texas Civil Statutes), is
12-18 amended to read as follows:
12-19 (d) The commission shall prepare and issue a revised
12-20 centralized telephone service directory not later than March 31 <in
12-21 February> of each year.
12-22 SECTION 28. Section 14.01, State Purchasing and General
12-23 Services Act (Article 601b, Vernon's Texas Civil Statutes), is
12-24 amended to read as follows:
12-25 Sec. 14.01. Division. The travel division of the commission
12-26 is composed of the central travel office and the office of vehicle
12-27 fleet management <maintenance>. The commission shall adopt rules
12-28 to implement this article, including rules related to:
12-29 (1) the structure of travel agency contracts that the
12-30 commission makes;
12-31 (2) the procedures the commission uses in requesting
12-32 and evaluating bids or proposals for travel agency contracts from
12-33 providers; and
12-34 (3) the use of negotiated contract rates for travel
12-35 services by state agencies.
12-36 SECTION 29. Section 14.02(b), State Purchasing and General
12-37 Services Act (Article 601b, Vernon's Texas Civil Statutes), is
12-38 amended to read as follows:
12-39 (b) <The central travel office shall initially provide
12-40 services to designated agencies located in Travis County and shall
12-41 extend its services to all state agencies as it develops the
12-42 capability to do so.> The office may negotiate contracts with
12-43 private travel agents, with travel and transportation providers,
12-44 and with credit card companies that provide travel services and
12-45 other benefits to the state. The commission shall make contracts
12-46 with more than one provider of travel agency services. Contracts
12-47 entered into under this section are not subject to the competitive
12-48 bidding requirements imposed under Article 3 of this Act. The
12-49 comptroller of public accounts shall audit for compliance of rules
12-50 adopted to enforce the provisions of this section.
12-51 SECTION 30. The State Purchasing and General Services Act
12-52 (Article 601b, Vernon's Texas Civil Statutes) is amended by adding
12-53 Article 15 to read as follows:
12-54 ARTICLE 15. COUNCIL ON COMPETITIVE GOVERNMENT
12-55 Sec. 15.01. DEFINITIONS. In this article:
12-56 (1) "Commercial activity" means an activity that
12-57 provides a product or service that is commonly available from a
12-58 private source.
12-59 (2) "Council" means the State Council on Competitive
12-60 Government.
12-61 (3) "Identified state service" means a service
12-62 provided by the state that the council has identified as a
12-63 commercially available service and brought under study by the
12-64 council to determine whether the service may better be provided
12-65 through competition with private commercial sources.
12-66 (4) "State agency" has the meaning established by
12-67 Section 1.02(2) of this Act.
12-68 Sec. 15.02. STATE COUNCIL ON COMPETITIVE GOVERNMENT. The
12-69 State Council on Competitive Government is established. It is the
12-70 policy of this state that all state services be performed in the
13-1 most effective and efficient manner in order to be the best value
13-2 to the citizens of the state and the state recognizes competition
13-3 among service providers may improve the quality of service
13-4 provided. The state shall encourage competition, innovation, and
13-5 creativity among service providers.
13-6 Sec. 15.03. MEMBERSHIP. (a) The council consists of the
13-7 following persons or their designees:
13-8 (1) the governor;
13-9 (2) the lieutenant governor;
13-10 (3) the comptroller;
13-11 (4) the speaker of the house of representatives; and
13-12 (5) the commission's presiding officer under Section
13-13 2.04(a) of this Act.
13-14 (b) The governor is presiding officer of the board.
13-15 (c) If the speaker of the house of representatives is not
13-16 permitted by the constitution to serve as a voting member of the
13-17 board, the speaker serves as a nonvoting member.
13-18 Sec. 15.04. MEETINGS. The council shall meet as often as
13-19 necessary to perform its duties.
13-20 Sec. 15.05. DUTIES. The council shall identify commercially
13-21 available services currently being performed by state agencies and,
13-22 if the council determines that these services may better be
13-23 provided through competition with private commercial sources or
13-24 other state agency service providers, require a state agency to
13-25 engage in any process, including competitive bidding, developed by
13-26 the council to provide the service in competition with private
13-27 commercial sources or other state agency service providers.
13-28 Sec. 15.06. POWERS. In performing its duties under this
13-29 article, the council may:
13-30 (1) adopt rules governing any aspect of the council's
13-31 duties or responsibilities;
13-32 (2) hold public hearings or conduct studies;
13-33 (3) consult with private commercial sources;
13-34 (4) require a state agency to conduct an agency
13-35 in-house cost estimate, a management study, or any other hearing,
13-36 study, review, or cost estimate concerning any aspect of an
13-37 identified state service;
13-38 (5) develop and require for use by state agencies
13-39 methods to accurately and fairly estimate and account for the cost
13-40 of providing an identified state service;
13-41 (6) require that an identified state service be
13-42 submitted to competitive bidding or another process that creates
13-43 competition with private commercial sources;
13-44 (7) prescribe, in consultation with affected state
13-45 agencies, the specifications and conditions of purchase procedures
13-46 that must be followed by the commission and a state agency or a
13-47 private commercial source engaged in competitive bidding to provide
13-48 an identified state service;
13-49 (8) award a contract to a state agency currently
13-50 providing the service, another state agency, a private commercial
13-51 source, or any combination of those entities, if the bidder
13-52 presents the best and most reasonable bid, which is not necessarily
13-53 the lowest bid; and
13-54 (9) determine the terms and conditions of a contract
13-55 for service or interagency contract to provide an identified state
13-56 service or other commercially available service.
13-57 Sec. 15.07. DUTIES OF AFFECTED STATE AGENCIES. A state
13-58 agency shall perform any activities required by the council in the
13-59 performance of its duties or the exercise of its powers under this
13-60 article.
13-61 Sec. 15.08. EXEMPTION. Contracts made by the council and
13-62 decisions regarding whether an agency shall engage in competitive
13-63 bidding are exempt from all state laws regulating or limiting state
13-64 purchasing and purchasing decisions.
13-65 SECTION 31. Subsection (c), Section 24A, Texas Public
13-66 Finance Authority Act (Article 601d, Vernon's Texas Civil
13-67 Statutes), is amended to read as follows:
13-68 (c) Notwithstanding the limitations prescribed by Section 9
13-69 of this Act relating to the location of buildings for which bonds
13-70 may be issued, the authority may issue bonds under this Act to
14-1 finance the renovation of West Building, G. J. Sutton State Office
14-2 Complex in Bexar County, at an estimated cost of $1,375,000; the
14-3 construction or purchase and renovation of a building or buildings
14-4 by the commission <State Purchasing and General Services
14-5 Commission> in Tarrant County, at an estimated cost of $10,000,000;
14-6 <and> the construction or purchase and renovation of a building or
14-7 buildings by the commission <State Purchasing and General Services
14-8 Commission> in Harris County, at an estimated cost of $20,000,000;
14-9 and the purchase and renovation of a building or buildings by the
14-10 commission in McLennan County, at an estimated cost of $5,000,000.
14-11 For purposes of this subsection regarding Tarrant and Harris
14-12 counties, the commission <State Purchasing and General Services
14-13 Commission> shall, prior to requesting the authority to issue
14-14 bonds, prepare project analyses for the potential construction
14-15 projects and subsequent thereto perform an alternative purchase
14-16 analysis pursuant to the provisions of Section 5.34, State
14-17 Purchasing and General Services Act (Article 601b, Vernon's Texas
14-18 Civil Statutes).
14-19 SECTION 32. Section 4, Chapter 1203, Acts of the 71st
14-20 Legislature, Regular Session, 1989 (Article 601d-3, Vernon's Texas
14-21 Civil Statutes), is amended by adding Subsections (c) and (d) to
14-22 read as follows:
14-23 (c) The board may issue and sell revenue bonds in one or
14-24 more series in the name of the authority to finance the renovation
14-25 and furnishing of facilities for the Texas School for the Deaf.
14-26 The estimated cost of this renovations and furnishings project is
14-27 $500,000.
14-28 (d) The board may issue and sell revenue bonds in one or
14-29 more series in the name of the authority to finance the renovation
14-30 and furnishing of facilities for the Texas School for the Blind and
14-31 Visually Impaired. The estimated cost of this renovations and
14-32 furnishings project is $600,000.
14-33 SECTION 33. Section 5(b), Chapter 1203, Acts of the 71st
14-34 Legislature, Regular Session, 1989 (Article 601d-3, Vernon's Texas
14-35 Civil Statutes), is amended to read as follows:
14-36 (b) Once the funds are deposited and the comptroller has
14-37 certified that the funds are available, and after transfer of any
14-38 reserve funds or capitalized interest certified to be reasonably
14-39 required by the authority and payment of the costs of issuance of
14-40 the bonds based on a statement by the authority that specifies
14-41 those costs, the commission shall begin projects under this Act.
14-42 The<, and the> funds from the issuance authorized under Section
14-43 4(a) of this Act are appropriated to the commission for that
14-44 purpose. The funds from the issuance authorized under Section 4(c)
14-45 or (d) of this Act may be appropriated by the legislature. The
14-46 appropriated funds may be used for those purposes and those
14-47 projects certified and adopted by rule of the Texas School for the
14-48 Deaf or the Texas School for the Blind and Visually Impaired, as
14-49 appropriate, consistent with this Act.
14-50 SECTION 34. Section 8, Chapter 1203, Acts of the 71st
14-51 Legislature, Regular Session, 1989 (Article 601d-3, Vernon's Texas
14-52 Civil Statutes), is amended to read as follows:
14-53 Sec. 8. Agreements; payments. The Texas School for the
14-54 Deaf, the Texas School for the Blind and Visually Impaired, and the
14-55 commission, as appropriate, may enter into lease agreements or
14-56 execute deeds or other agreements under this Act as necessary to
14-57 carry out the purposes of this Act. The commission shall spend
14-58 funds appropriated by the legislature or received from any other
14-59 available source for the purpose of making lease payments under
14-60 this Act. The commission shall include in its biennial
14-61 appropriation request an amount sufficient to pay the principal of
14-62 and interest on outstanding bonds issued under this Act.
14-63 SECTION 35. Chapter 417, Government Code, is amended by
14-64 adding Section 417.0081 to read as follows:
14-65 Sec. 417.0081. INSPECTION OF CERTAIN STATE-OWNED BUILDINGS.
14-66 The state fire marshal, at the commission's direction, shall
14-67 periodically inspect public buildings under the charge and control
14-68 of the General Services Commission and shall take any action
14-69 authorized by the commission to protect the buildings and their
14-70 occupants from an existing or threatened fire hazard.
15-1 SECTION 36. Subchapter A, Chapter 419, Government Code, is
15-2 amended by adding Section 419.0081 to read as follows:
15-3 Sec. 419.0081. PROTECTION OF CERTAIN STATE-OWNED BUILDINGS
15-4 AGAINST FIRE HAZARDS. (a) The commission shall take any action
15-5 necessary to protect a public building under the charge and control
15-6 of the General Services Commission, and the building's occupants,
15-7 against an existing or threatened fire hazard.
15-8 (b) The commission and the General Services Commission shall
15-9 make and each adopt by rule a memorandum of understanding that
15-10 coordinates the agency's duties under this section.
15-11 SECTION 37. Section 771.002, Government Code, is amended to
15-12 read as follows:
15-13 Sec. 771.002. Definitions. In this chapter:
15-14 (1) "Agency" includes:
15-15 (A) a department, board, bureau, commission,
15-16 court, office, authority, council, or institution;
15-17 (B) a university, college, or any service or
15-18 part of a state institution of higher education; and
15-19 (C) any statewide job or employment training
15-20 program for disadvantaged youth that is substantially financed by
15-21 federal funds and that was created by executive order not later
15-22 than December 30, 1986.
15-23 (2) <"Commission" means the State Purchasing and
15-24 General Services Commission.>
15-25 <(3)> "Resources" means materials and<,> equipment<,
15-26 and supplies>.
15-27 (3) <(4)> "Services" means special or technical
15-28 services, including the services of employees.
15-29 SECTION 38. Section 771.004(a), Government Code, is amended
15-30 to read as follows:
15-31 (a) Before a state agency may provide <furnish> or receive a
15-32 service or resource under this chapter, the agency must have
15-33 entered into a written agreement or contract that has been approved
15-34 by the administrator of each agency that is a party to the
15-35 agreement or contract <and by the commission>.
15-36 SECTION 39. Section 771.004(c), Government Code, is amended
15-37 to read as follows:
15-38 (c) A written agreement or contract is <and advance approval
15-39 by the commission are> not required:
15-40 (1) in an emergency for the defense or safety of the
15-41 civil population or in the planning and preparation for those
15-42 emergencies;
15-43 (2) in cooperative efforts, proposed by the governor,
15-44 for the economic development of the state; or
15-45 (3) in a situation in which the amount involved is
15-46 less than $2,500.
15-47 SECTION 40. Section 771.006, Government Code, is amended to
15-48 read as follows:
15-49 Sec. 771.006. <Equipment> Purchases and Subcontracts of
15-50 Services and Resources. A contract under this chapter may
15-51 authorize an <permit a furnishing> agency providing services and
15-52 resources to subcontract and purchase the services and resources
15-53 <equipment to the extent considered appropriate by the commission>.
15-54 SECTION 41. Section 9A(b), Information Resources Management
15-55 Act (Article 4413(32j), Revised Statutes), is amended to read as
15-56 follows:
15-57 (b) The department, comptroller, and <State Purchasing and>
15-58 General Services Commission shall develop a statewide
15-59 telecommunications operating plan for all agencies that implements
15-60 a statewide network and includes technical specifications that are
15-61 binding on the managing and operating agency. A representative of
15-62 the Central Education Agency and a representative of the Texas
15-63 Higher Education Coordinating Board shall review and comment on the
15-64 operating plan as part of the representatives' duties under Section
15-65 10.02(g), State Purchasing and General Services Act (Article 601b,
15-66 Vernon's Texas Civil Statutes).
15-67 SECTION 42. On the effective date of this Act, all powers,
15-68 duties, and obligations relating to the protection of public
15-69 buildings under the charge and control of the General Services
15-70 Commission, and the buildings' occupants, against existing or
16-1 threatened fire hazards are transferred from the General Services
16-2 Commission to the Texas Commission on Fire Protection as provided
16-3 by this Act. All property in the custody of the General Services
16-4 Commission and the original or a copy of any record that relates to
16-5 fire protection activity in the buildings are transferred to the
16-6 Texas Commission on Fire Protection. All appropriations to the
16-7 General Services Commission for fire protection activity in the
16-8 buildings and all employees of the General Services Commission
16-9 employed primarily to engage in fire protection activity in the
16-10 buildings are transferred to the Texas Commission on Fire
16-11 Protection. All investigations and all filed reports or complaints
16-12 relating to fire protection in the buildings are transferred
16-13 without change in status from the General Services Commission to
16-14 the Texas Commission on Fire Protection. All rules, standards, and
16-15 specifications of the General Services Commission relating to fire
16-16 protection in the buildings remain in effect as rules, standards,
16-17 and specifications of the Texas Commission on Fire Protection
16-18 unless superseded by proper authority of that commission.
16-19 SECTION 43. The General Services Commission shall establish
16-20 the small contractor participation assistance program required by
16-21 Section 5.37, State Purchasing and General Services Act (Article
16-22 601b, Vernon's Texas Civil Statutes), as added by this Act, not
16-23 later than January 1, 1994.
16-24 SECTION 44. The General Services Commission shall complete
16-25 implementation of the changes in law made by Section 10 of this Act
16-26 relating to the use of a centralized master bidders list by state
16-27 agencies not later than September 1, 1995. During the transition
16-28 period provided by this section, affected state agencies shall
16-29 provide the General Services Commission with all records and
16-30 information in the custody of the agencies that relate to the
16-31 commission's preparation of the centralized master bidders list.
16-32 SECTION 45. (a) The General Services Commission shall
16-33 appoint the new members added to the commission's construction
16-34 contract review committee by Section 18 of this Act as soon as
16-35 practicable after the effective date of this Act. The
16-36 representatives of each society or association that has had its
16-37 representation on the committee reduced from two members to one
16-38 member shall determine by agreement or by lot which representative
16-39 will remain on the committee.
16-40 (b) Until all removals and new appointments of members of
16-41 the commission's construction contract review committee have taken
16-42 place, a quorum of the committee is a majority of the number of
16-43 members serving at the time of a meeting.
16-44 SECTION 46. On the effective date of this Act, all powers,
16-45 duties, and obligations of the Office of Small Business Assistance
16-46 of the Texas Department of Commerce under Section 1.03, State
16-47 Purchasing and General Services Act (Article 601b, Vernon's Texas
16-48 Civil Statutes), are transferred to the General Services Commission
16-49 and the comptroller as prescribed by Section 1 of this Act. All
16-50 records and property in the custody of the office that relate to a
16-51 function transferred by Section 1 of this Act are transferred to
16-52 the commission or the comptroller, as appropriate. All
16-53 appropriations to the office for functions transferred by Section 1
16-54 of this Act and all employees of the office employed primarily to
16-55 engage in those functions are transferred to the commission. An
16-56 application for certification as a disadvantaged business is
16-57 transferred without change in status from the office to the
16-58 commission. All rules, standards, and specifications of the office
16-59 relating to the functions transferred by Section 1 of this Act
16-60 remain in effect as rules, standards, and specifications of the
16-61 commission or comptroller, as appropriate, unless superseded by
16-62 proper authority of the entity to which the affected function is
16-63 transferred.
16-64 SECTION 47. (a) The General Services Commission may
16-65 purchase and renovate a building or buildings and the related
16-66 grounds and improvements in McLennan County at an estimated cost of
16-67 $5 million to meet office space needs for one or more state
16-68 agencies in the county. The commission shall finance the purchase
16-69 and renovation through bonds issued by the Texas Public Finance
16-70 Authority.
17-1 (b) The proceeds of the bonds issued and sold by the Texas
17-2 Public Finance Authority to finance the purchase and renovation are
17-3 appropriated to the General Services Commission for the two-year
17-4 period beginning on the date that the comptroller certifies that
17-5 the proceeds are available.
17-6 (c) Any person from whom real property or any existing
17-7 buildings or other improvements are purchased under this section
17-8 shall provide to the General Services Commission the name and the
17-9 last known address of each person who:
17-10 (1) owns record legal title to the property,
17-11 buildings, or other improvements; or
17-12 (2) owns a beneficial interest in the property,
17-13 buildings, or other improvements through a trust, nominee, agent,
17-14 or any other legal entity.
17-15 (d) When a state agency vacates leased space to move into
17-16 space in a building purchased under this section or when the leased
17-17 space itself is purchased under this section, the money
17-18 specifically appropriated by the legislature or the money available
17-19 to and budgeted by the agency for lease payments for the leased
17-20 space for the remainder of the state fiscal biennium ending August
17-21 31, 1993, or for the state fiscal biennium ending August 31, 1995,
17-22 may be used only for rental or installment payments for the
17-23 purchased space under Section 12(b), Texas Public Finance Authority
17-24 Act (Article 601d, Vernon's Texas Civil Statutes), and for the
17-25 payment of operating expenses for the purchased space that are
17-26 incurred by the General Services Commission. The comptroller may
17-27 adopt rules for the administration of this subsection.
17-28 SECTION 48. The change in law made by Section 5.26(c), State
17-29 Purchasing and General Services Act (Article 601b, Vernon's Texas
17-30 Civil Statutes), as added by this Act, applies only to a breach of
17-31 contract occurring on or after the effective date of this Act,
17-32 without regard to whether the contract was entered into before, on,
17-33 or after that date. A breach of contract occurring before the
17-34 effective date of this Act is governed by the law in effect at the
17-35 time the breach of contract occurred, and that law is continued in
17-36 effect for that purpose.
17-37 SECTION 49. (a) The progress of the implementation of the
17-38 historically underutilized business goals shall be monitored by a
17-39 joint committee appointed by the lieutenant governor and the
17-40 speaker of the house of representatives. The committee shall be
17-41 composed of five members of the senate and five members of the
17-42 house of representatives. The committee shall make recommendations
17-43 for any necessary legislative action or remedies for the next
17-44 regular session of the legislature.
17-45 (b) In order to monitor the implementation of this section,
17-46 the committee may review the records of state agencies related to
17-47 procurement practices. Each state agency shall cooperate fully
17-48 with the committee and shall submit information and reports to the
17-49 committee as requested by the committee.
17-50 SECTION 50. (a) In addition to the duties prescribed in
17-51 Article 15, State Purchasing and General Services Act (Article
17-52 601b, Vernon's Texas Civil Statutes), as added by this Act, the
17-53 State Council on Competitive Government shall conduct a study by
17-54 December 1, 1993, or as soon as practicable after that date
17-55 evaluating services being performed by or for state agencies.
17-56 Services involving information technology, information facilities
17-57 management, collocation of field offices, mail, print services,
17-58 travel management, telecommunications, and fleet management shall
17-59 be evaluated to identify at least $3 million in cost savings and
17-60 enhanced revenue resulting from competition with private commercial
17-61 sources or other state agency providers. Services to be evaluated
17-62 shall also include the state's procurement practices to the extent
17-63 the practices have been evaluated in any report on procurement
17-64 practices in Texas state government.
17-65 (b) The council shall certify the estimate of potential
17-66 savings or enhanced revenue amounts and forward the information to
17-67 the Legislative Budget Board. After evaluating the information,
17-68 the Legislative Budget Board shall identify general revenue fund
17-69 appropriations of at least $3 million to be reduced as a result of
17-70 cost savings or enhanced revenue measures and shall forward that
18-1 information to the comptroller. The Legislative Budget Board may
18-2 request the council to identify additional cost savings or enhanced
18-3 revenue measures to accomplish the $3 million reduction.
18-4 (c) The comptroller shall reduce appropriations to the
18-5 various agencies by the amounts approved by the Legislative Budget
18-6 Board and transfer those amounts to the general revenue fund. Cost
18-7 savings and enhanced revenues realized as a result of the study
18-8 performed may be considered a part of the savings, spending
18-9 reductions, or revenue enhancement plans required of all agencies
18-10 by the General Appropriations Act for the 1994-1995 biennium.
18-11 (d) This section expires on September 1, 1995.
18-12 SECTION 51. (a) At the time that the comptroller vacates
18-13 the comptroller's training center, located at 125 Lehmann Drive in
18-14 Kerrville, possession, charge, and control of the building,
18-15 property, and its grounds are transferred and committed to the
18-16 Railroad Commission of Texas for the benefit of the State of Texas.
18-17 The Railroad Commission may use the center for its purposes and may
18-18 make the center available to other entities.
18-19 (b) The comptroller shall give reasonable notice to the
18-20 Railroad Commission and to the General Services Commission of the
18-21 date on which the comptroller intends to vacate the center, and on
18-22 the date that the comptroller vacates the center the comptroller
18-23 shall inform the two commissions of that fact. The comptroller,
18-24 the General Services Commission, and any other appropriate state
18-25 agency or officer shall take any action necessary to transfer
18-26 charge and control of the center to the Railroad Commission as
18-27 required by this Act.
18-28 SECTION 52. (a) The following laws are repealed:
18-29 (1) Section 771.005, Government Code;
18-30 (2) Section 771.009, Government Code; and
18-31 (3) Article 13, State Purchasing and General Services
18-32 Act (Article 601b, Vernon's Texas Civil Statutes).
18-33 (b) The following law is repealed:
18-34 (1) Section 771.008(d), Government Code; or
18-35 (2) Section 6(d), The Interagency Cooperation Act
18-36 (Article 4413(32), Vernon's Texas Civil Statutes), as added by
18-37 Section 30, Chapter 641, Acts of the 72nd Legislature, Regular
18-38 Session, 1991.
18-39 (c) Subsection (b)(1) of this section takes effect only if a
18-40 bill relating to nonsubstantive additions to and corrections in
18-41 enacted codes, including the nonsubstantive codification of various
18-42 laws omitted from enacted codes, and to conforming codifications
18-43 enacted by the 72nd Legislature to other acts of that legislature,
18-44 is enacted by the 73rd Legislature and becomes law. Subsection
18-45 (b)(2) of this section takes effect only if the bill described by
18-46 this subsection does not become law.
18-47 SECTION 53. This Act takes effect September 1, 1993.
18-48 SECTION 54. The importance of this legislation and the
18-49 crowded condition of the calendars in both houses create an
18-50 emergency and an imperative public necessity that the
18-51 constitutional rule requiring bills to be read on three several
18-52 days in each house be suspended, and this rule is hereby suspended.
18-53 * * * * *
18-54 Austin,
18-55 Texas
18-56 May 7, 1993
18-57 Hon. Bob Bullock
18-58 President of the Senate
18-59 Sir:
18-60 We, your Committee on State Affairs to which was referred H.B. No.
18-61 2626, have had the same under consideration, and I am instructed to
18-62 report it back to the Senate with the recommendation that it do not
18-63 pass, but that the Committee Substitute adopted in lieu thereof do
18-64 pass and be printed.
18-65 Harris of
18-66 Dallas, Chairman
18-67 * * * * *
18-68 WITNESSES
18-69 FOR AGAINST ON
18-70 ___________________________________________________________________
19-1 Name: Mary Buckley x
19-2 Representing: Comptroller of Public Accts.
19-3 City: Austin
19-4 -------------------------------------------------------------------
19-5 Name: John Pouland x
19-6 Representing: General Services Commission
19-7 City: Austin
19-8 -------------------------------------------------------------------
19-9 Name: Cassie Carlson x
19-10 Representing: General Services Commission
19-11 City: Austin
19-12 -------------------------------------------------------------------