By: Haley S.B. No. 381
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the acquisition or provision of goods, services, and
1-2 records by the state.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 PART 1. GENERAL STATE PURCHASING PROCESS
1-5 SECTION 1.01. The State Purchasing and General Services Act
1-6 (Article 601b, Vernon's Texas Civil Statutes) is amended by adding
1-7 Article 3A to read as follows:
1-8 ARTICLE 3A. PURCHASING
1-9 Sec. 3A.01. APPLICABILITY. This article applies to the
1-10 acquisition of goods and services by the state.
1-11 Sec. 3A.02. ACQUISITION METHODS. The state may acquire
1-12 goods or services on the open market, under statewide or regional
1-13 contracts, or by any other method that is most advantageous to the
1-14 state.
1-15 Sec. 3A.03. SELECTION OF VENDOR. The commission or any
1-16 state agency that selects a vendor to provide goods or services is
1-17 not required to select the vendor that provides the goods or
1-18 services at the lowest price, but may exercise its best discretion
1-19 and consider any factor that a prudent private business entity
1-20 would consider in selecting a vendor, including:
1-21 (1) price;
1-22 (2) the reputation of the vendor and the vendor's
1-23 goods or services;
1-24 (3) the quality of the vendor's goods or services;
2-1 (4) the extent to which the goods or services meet the
2-2 needs of the state;
2-3 (5) the vendor's past relationship with the state or
2-4 with the agency, if any; and
2-5 (6) the total long-term cost to the state of acquiring
2-6 a vendor's goods or services.
2-7 Sec. 3A.04. CENTRAL AUTOMATED PURCHASING SYSTEM. (a) The
2-8 commission shall design and administer a central automated
2-9 purchasing system. The system must be compatible with the uniform
2-10 statewide accounting system. State agencies must be able to use
2-11 the system to select goods or services from an automated catalogue,
2-12 order the goods or services electronically, and enter
2-13 electronically the fact of receipt of the goods or services on the
2-14 system. An entry of receipt on the system will serve as an
2-15 authorization for the comptroller to pay the vendor, if the
2-16 comptroller verifies that the agency is authorized under law to
2-17 purchase the goods or services.
2-18 (b) A state agency shall designate the persons who are
2-19 authorized to enter purchase orders or other information on the
2-20 system.
2-21 (c) The commission and the comptroller may adopt rules to
2-22 administer this section.
2-23 Sec. 3A.05. COMMISSION ROLE IN STATE ACQUISITION OF GOODS
2-24 AND SERVICES. The commission shall obtain goods and services for
2-25 state agencies under statewide or regional contracts, to the extent
2-26 that that is advantageous for the state. The commission shall
2-27 advise state agencies on request on purchases the state agencies
3-1 make themselves. The commission shall develop statewide quality
3-2 specifications for certain goods and services when that is
3-3 appropriate. The commission on request may deploy purchasing
3-4 specialists to advise and assist agencies with agency procurements.
3-5 The commission on request shall inspect goods received by an agency
3-6 for quality and for conformity to specifications.
3-7 Sec. 3A.06. STATE AGENCY ROLE IN ACQUISITION OF ITS GOODS
3-8 AND SERVICES. A state agency may use its discretion to acquire for
3-9 itself the goods and services it needs, subject to any applicable
3-10 limitations prescribed by the General Appropriations Act, unless
3-11 goods or services that are suitable for the agency's needs are
3-12 available under a statewide or regional contract. An agency shall
3-13 acquire goods or services listed on the central automated
3-14 purchasing system if that is most advantageous for the state.
3-15 Sec. 3A.07. PROCUREMENT OF PROFESSIONAL SERVICES.
3-16 Professional services purchased by the state under this article
3-17 shall be purchased in accordance with the Professional Services
3-18 Procurement Act (Article 664-4, Vernon's Texas Civil Statutes).
3-19 Sec. 3A.08. CATALOGUE PURCHASE PROCEDURE. (a) A vendor who
3-20 wants to sell or lease automated information systems under this
3-21 section to state agencies covered by the Information Resources
3-22 Management Act (Article 4413(32j), Revised Statutes) shall apply to
3-23 the commission for designation as a "qualified information systems
3-24 vendor" according to an application process promulgated by the
3-25 commission. At a minimum, the application process shall include
3-26 submission of the following elements:
3-27 (1) a catalogue containing all products and services
4-1 eligible for purchase by state agencies, including descriptions of
4-2 each product or service, the list price of each product or service,
4-3 and the price to state agencies of each product or service;
4-4 (2) a maintenance, repair, and support plan for all
4-5 eligible products and services;
4-6 (3) proof of the applicant's financial resources and
4-7 ability to perform; and
4-8 (4) a guarantee that the vendor will make available
4-9 equivalent replacement parts for products sold to Texas for at
4-10 least three years from the date of a product's discontinuation.
4-11 (b) Within 90 days of the effective date of this section,
4-12 the commission shall establish standards and criteria for
4-13 designating qualified information systems vendors on a regional and
4-14 statewide basis. A vendor remains qualified until the commission
4-15 determines the vendor fails to meet the criteria set forth in this
4-16 section. Vendors granted regional status may sell catalogue-listed
4-17 products and services directly to state agencies covered by the
4-18 Information Resources Management Act (Article 4413(32j), Revised
4-19 Statutes) within a region defined by the commission. Vendors
4-20 granted statewide status may sell catalogue-listed products and
4-21 services directly to any state agency covered by the Information
4-22 Resources Management Act (Article 4413(32j), Revised Statutes).
4-23 The commission's standards and criteria shall be developed in
4-24 accordance with the following parameters:
4-25 (1) the ability of the vendor to provide adequate and
4-26 reliable support and maintenance;
4-27 (2) the vendor's ability to provide adequate and
5-1 reliable support and maintenance in the future;
5-2 (3) the technical adequacy and reliability of the
5-3 vendor's products; and
5-4 (4) consistency with standards adopted by the
5-5 Department of Information Resources.
5-6 (c) If a vendor is designated by the commission as a
5-7 qualified information systems vendor, the vendor shall publish and
5-8 maintain a catalogue containing all products and services eligible
5-9 for purchase by state agencies, including descriptions of each
5-10 product or service, the list price of each product or service, and
5-11 the price to state agencies of each product or service. The vendor
5-12 shall update the catalogue on an as-needed basis to reflect changes
5-13 in price or the availability of products or services and shall
5-14 forward a copy of each updated catalogue to the commission and all
5-15 eligible purchasers.
5-16 (d) A state agency covered by the Information Resources
5-17 Management Act (Article 4413(32j), Revised Statutes) may purchase
5-18 or lease automated information systems directly from a qualified
5-19 information systems vendor and may negotiate additional terms and
5-20 conditions to be included in contracts relating to the purchase or
5-21 lease, provided the purchase or lease is based on the best value
5-22 available and is in the state's best interest. In determining
5-23 which products or services are in the state's best interest, the
5-24 agency shall consider the following factors:
5-25 (1) installation costs and hardware costs;
5-26 (2) the overall life-cycle cost of the system or
5-27 equipment;
6-1 (3) estimated cost of employee training and estimated
6-2 increase in employee productivity;
6-3 (4) estimated software and maintenance costs; and
6-4 (5) compliance with applicable statewide standards
6-5 adopted by the Department of Information Resources as validated by
6-6 criteria established by the department in administrative rules.
6-7 (e) The commission shall establish rules and regulations and
6-8 implement the catalogue purchase procedure set forth in this
6-9 section no later than January 1, 1994.
6-10 (f) Purchases of automated information systems shall be made
6-11 through the catalogue procedure enumerated in this section unless
6-12 the commission determines that the best value available accrues
6-13 from an alternative purchase method authorized by this Act.
6-14 SECTION 1.02. Section 1.02, State Purchasing and General
6-15 Services Act (Article 601b, Vernon's Texas Civil Statutes), is
6-16 amended by adding Subdivisions (4), (5), and (6) to read as
6-17 follows:
6-18 (4) "Automated information systems" means any
6-19 automated information systems, the computers on which they are
6-20 automated, or a service related to the automation of information
6-21 systems or the computers on which they are automated, including
6-22 computer software, awarded to a vendor by a state agency covered by
6-23 the Information Resources Management Act (Article 4413(32j),
6-24 Revised Statutes) or any telecommunications apparatus or device
6-25 that serves as a component of a voice, data, or video
6-26 communications network for the purpose of transmitting, switching,
6-27 routing, multiplexing, modulating, amplifying, or receiving signals
7-1 on that network.
7-2 (5) "Best value" means lowest overall cost of
7-3 automated information systems based on the following factors
7-4 including but not limited to:
7-5 (A) purchase price;
7-6 (B) compatibility to facilitate exchange of
7-7 existing data;
7-8 (C) capacity for expansion and upgrading to more
7-9 advanced levels of technology;
7-10 (D) quantitative reliability factors;
7-11 (E) the level of training required to bring
7-12 end-users to a stated level of proficiency;
7-13 (F) the technical support requirements for
7-14 maintenance of data across a network platform and management of the
7-15 network's hardware and software; and
7-16 (G) compliance with applicable statewide
7-17 standards adopted by the Department of Information Resources as
7-18 validated by criteria established by the department in
7-19 administrative rules.
7-20 (6) "Qualified information systems vendor" means
7-21 manufacturers or wholesale sellers of automated information systems
7-22 who are authorized by the commission to publish catalogues of
7-23 products and services which may be directly purchased by state
7-24 agencies covered by the Information Resources Management Act
7-25 (Article 4413(32j), Revised Statutes).
7-26 SECTION 1.03. Article 3, State Purchasing and General
7-27 Services Act (Article 601b, Vernon's Texas Civil Statutes), is
8-1 repealed.
8-2 SECTION 1.04. (a) Sections 4 through 8, 11, and 18,
8-3 Information Resources Management Act (Article 4413(32j), Revised
8-4 Statutes), are repealed.
8-5 (b) All functions of the Department of Information Resources
8-6 under the Information Resources Management Act (Article 4413(32j),
8-7 Revised Statutes) and other law are transferred to the General
8-8 Services Commission. The Department of Information Resources is
8-9 abolished. All powers, duties, rights, obligations, property,
8-10 funds, employees, and unspent appropriations of the department are
8-11 transferred to the commission. All rules of the department that do
8-12 not implement repealed law are continued in effect as rules of the
8-13 commission until superseded by the commission. Any reference in
8-14 law to the Department of Information Resources or the Automated
8-15 Information and Telecommunications Council means the General
8-16 Services Commission. This section does not increase the
8-17 proportionate representation of the commission on any entity on
8-18 which the commission and the department both have representatives.
8-19 SECTION 1.05. The comptroller and General Services
8-20 Commission shall each appoint representatives to a working group
8-21 that will prepare for and monitor the implementation of Article 3A,
8-22 State Purchasing and General Services Act (Article 601b, Vernon's
8-23 Texas Civil Statutes), as added by this part.
8-24 SECTION 1.06. Sections 1.01, 1.02, and 1.03 of this part
8-25 take effect September 1, 1994. This section and Sections 1.04 and
8-26 1.05 of this part take effect immediately.
8-27 PART 2. ABOLITION OF TEXAS SURPLUS PROPERTY AGENCY
9-1 SECTION 2.01. Subsection (a), Section 8.01, State Purchasing
9-2 and General Services Act (Article 601b, Vernon's Texas Civil
9-3 Statutes), is amended to read as follows:
9-4 (a) This article applies to:
9-5 (1) personal property belonging to the state; and
9-6 (2) real or personal property acquired by or otherwise
9-7 under the commission's jurisdiction under Section 9.16 of this Act
9-8 and 40 U.S.C. Section 483c, 484(j), or 484(k).
9-9 SECTION 2.02. Subsection (a), Section 9.01, State Purchasing
9-10 and General Services Act (Article 601b, Vernon's Texas Civil
9-11 Statutes), is amended by amending Subdivisions (3) and (4) and
9-12 adding Subdivision (8) to read as follows:
9-13 (3) "Property" means personal property. The term does
9-14 not include real property, or any interest in real property, except
9-15 federal real property acquired under Section 9.16 of this article
9-16 and Section 484(k), Federal Property and Administrative Services
9-17 Act. Personal<; however, personal> property affixed to real
9-18 property may be sold under this law if its removal and disposition
9-19 is to carry out a lawful objective under this law or any other law.
9-20 The term includes property lawfully confiscated and subject to
9-21 disposal by a state agency.
9-22 (4) "Surplus property":
9-23 (A) means:
9-24 (i) any personal property which is in
9-25 excess of the needs of any state agency and which is not required
9-26 for its foreseeable needs; or
9-27 (ii) federal surplus property acquired by
10-1 the commission or otherwise under the commission's jurisdiction
10-2 under Section 9.16 of this article and Section 483c, 484(j), or
10-3 484(k), Federal Property and Administrative Services Act; and
10-4 (B) includes property that<. Surplus property>
10-5 may be used or new but possesses some usefulness for the purpose
10-6 for which it was intended or for some other purpose.
10-7 (8) "Federal Property and Administrative Services Act"
10-8 means the Federal Property and Administrative Services Act of 1949
10-9 (40 U.S.C. Section 484).
10-10 SECTION 2.03. Section 9.02, State Purchasing and General
10-11 Services Act (Article 601b, Vernon's Texas Civil Statutes), is
10-12 amended to read as follows:
10-13 Sec. 9.02. Establishment of Procedures. The commission
10-14 shall establish and maintain procedures for the transfer, sale, or
10-15 disposal, as prescribed by law, of:
10-16 (1) surplus and salvage property no longer needed by
10-17 state agencies; and
10-18 (2) federal surplus property that the state acquires
10-19 under the Federal Property and Administrative Services Act.
10-20 SECTION 2.04. Section 9.03, State Purchasing and General
10-21 Services Act (Article 601b, Vernon's Texas Civil Statutes), is
10-22 amended to read as follows:
10-23 Sec. 9.03. Mailing lists of assistance organizations and
10-24 political subdivisions. The commission shall maintain a mailing
10-25 list, renewable annually, of assistance organizations and political
10-26 subdivision purchasing agents or other officers performing similar
10-27 functions who have asked for information on surplus or salvage
11-1 equipment or material the state may have available. <The
11-2 commission shall provide the list to the Texas Surplus Property
11-3 Agency.>
11-4 SECTION 2.05. Subsection (a), Section 9.05, State Purchasing
11-5 and General Services Act (Article 601b, Vernon's Texas Civil
11-6 Statutes), is amended to read as follows:
11-7 (a) If surplus or salvage property of a state agency is not
11-8 disposed of under the provisions of Section 9.04 of this article,
11-9 the commission shall sell the property by competitive bid or
11-10 auction or delegate to the state agency having possession of the
11-11 property the authority to sell the property on a competitive bid
11-12 basis. The commission or agency shall collect a fee from the
11-13 purchaser. The commission shall set the fee in an amount to
11-14 recover the costs associated with the sale of the property, but the
11-15 amount may not be less than two percent nor more than 12 percent of
11-16 the proceeds from the sale of the property.
11-17 SECTION 2.06. Section 9.14, State Purchasing and General
11-18 Services Act (Article 601b, Vernon's Texas Civil Statutes), is
11-19 amended to read as follows:
11-20 Sec. 9.14. Authorization of Agencies to Dispose of Property.
11-21 The commission may authorize an agency to dispose of surplus or
11-22 salvage property where the agency demonstrates to the commission
11-23 its ability to make such disposition under the rules and
11-24 regulations set up by the commission, as provided for herein.
11-25 State eleemosynary institutions and institutions and agencies of
11-26 higher learning shall be excepted from the terms of this article
11-27 that relate to the disposition of their surplus or salvage
12-1 property.
12-2 SECTION 2.07. Article 9, State Purchasing and General
12-3 Services Act (Article 601b, Vernon's Texas Civil Statutes), is
12-4 amended by adding Sections 9.16 and 9.17 to read as follows:
12-5 Sec. 9.16. FEDERAL SURPLUS PROPERTY. (a) The commission is
12-6 the designated state agency under Section 484(j) of the Federal
12-7 Property and Administrative Services Act.
12-8 (b) The commission may:
12-9 (1) acquire and warehouse federal property allocated
12-10 to the commission under the Federal Property and Administrative
12-11 Services Act; and
12-12 (2) distribute the property:
12-13 (A) to an entity or institution that meets the
12-14 qualifications for eligibility for the property under the Federal
12-15 Property and Administrative Services Act; and
12-16 (B) without complying with the provisions of
12-17 this article that relate to the disposition of surplus state agency
12-18 property.
12-19 (c) The commission may:
12-20 (1) disseminate information and assist a potential
12-21 applicant regarding the availability of federal surplus real
12-22 property;
12-23 (2) assist in the processing of an application for
12-24 acquisition of federal real property and related personal property
12-25 under Section 484(k) of the Federal Property and Administrative
12-26 Services Act;
12-27 (3) assist in assuring use of the property; and
13-1 (4) engage in an activity relating to the use of
13-2 federal surplus property by another state agency, institution, or
13-3 organization engaging in or receiving assistance under a federal
13-4 program.
13-5 (d) The commission shall:
13-6 (1) file a state plan of operation that complies with
13-7 federal law and operate in accordance with the plan;
13-8 (2) take necessary action to meet the minimum
13-9 standards for a state agency in accordance with the Federal
13-10 Property and Administrative Services Act; and
13-11 (3) cooperate to the fullest extent consistent with
13-12 this section.
13-13 (e) The commission may:
13-14 (1) make the necessary certifications and undertake
13-15 necessary action, including an investigation;
13-16 (2) make expenditures or reports that may be required
13-17 by federal law or regulation or that are otherwise necessary to
13-18 provide for the proper and efficient management of the commission's
13-19 functions under this section;
13-20 (3) provide information and reports relating to the
13-21 commission's activities under this section that may be required by
13-22 a federal agency or department; and
13-23 (4) adopt rules necessary for the efficient operation
13-24 of its activities under this section or as may be required by
13-25 federal law or regulation.
13-26 (f) The commission may enter into an agreement, including:
13-27 (1) a cooperative agreement with a federal agency
14-1 under Section 484(n) of the Federal Property and Administrative
14-2 Services Act;
14-3 (2) an agreement with a state agency for surplus
14-4 property of a state agency that will promote the administration of
14-5 the commission's functions under this section; or
14-6 (3) an agreement with a group or association of state
14-7 agencies for surplus property that will promote the administration
14-8 of the commission's functions under this section.
14-9 (g) The commission may act as an information clearinghouse
14-10 for an entity or institution that may be eligible to acquire
14-11 federal surplus property and may assist, as necessary, the entity
14-12 or institution to obtain federal surplus property.
14-13 (h) The commission may:
14-14 (1) acquire and hold title or make capital
14-15 improvements to real property in accordance with Subsection (i) of
14-16 this section; or
14-17 (2) make an advance payment of rent for a distribution
14-18 center, office space, or another facility that is required to carry
14-19 out the commission's functions under this section.
14-20 (i) The commission may collect a service charge for the
14-21 commission's acquisition, warehousing, distribution, or transfer of
14-22 property. The commission may not collect a charge for real
14-23 property in an amount that is greater than the reasonable
14-24 administrative cost the commission incurs in transferring the
14-25 property.
14-26 (j) A charge collected under Subsection (i) of this section
14-27 shall be deposited in the state treasury to the credit of the
15-1 surplus property service charge fund, and income earned on money
15-2 in the surplus property service charge fund shall be credited to
15-3 that fund. Money in the fund may be used only to carry out the
15-4 functions of the commission under this section.
15-5 (k) The commission may appoint advisory boards and
15-6 committees necessary and suitable to administer this section.
15-7 (l) The commission may employ, compensate, and prescribe the
15-8 duties of personnel, other than members of advisory boards and
15-9 committees, necessary and suitable to administer this section. A
15-10 personnel position may only be filled by an individual selected and
15-11 appointed on a nonpartisan merit basis.
15-12 Sec. 9.17. ADMINISTRATIVE COST RECOVERY STUDY. The
15-13 commission shall conduct a study to determine if its functions
15-14 under this article can be made self-supporting by charging fees for
15-15 commission services. If the commission determines that a function
15-16 can be made self-supporting through charging fees, the commission
15-17 shall prepare a fee implementation plan. Before January 1, 1995,
15-18 the commission shall report to each member of the legislature the
15-19 results of the study and the implementation plan for fee recovery,
15-20 if any. This section expires January 1, 1995.
15-21 SECTION 2.08. Subsection (a), Section 403.271, Government
15-22 Code, is amended to read as follows:
15-23 (a) This subchapter applies to:
15-24 (1) all personal property belonging to the state; and
15-25 (2) real and personal property acquired by or
15-26 otherwise under the jurisdiction of the state under 40 U.S.C.
15-27 Section 483c, 484(j), or 484(k), and Section 9.16, State Purchasing
16-1 and General Services Act (Article 601b, Vernon's Texas Civil
16-2 Statutes).
16-3 SECTION 2.09. (a) The General Services Commission and the
16-4 Texas Surplus Property Agency shall coordinate the transfer of all
16-5 Texas Surplus Property Agency functions to the General Services
16-6 Commission as required by this part. The administrative functions
16-7 of the Texas Surplus Property Agency are transferred to Austin.
16-8 (b) The transfer of all functions from the Texas Surplus
16-9 Property Agency to the General Services Commission shall be
16-10 accomplished as soon as practicable, but not later than the 45th
16-11 day after the effective date of this part, at which time the Texas
16-12 Surplus Property Agency is abolished.
16-13 (c) The transfer required by this part includes the transfer
16-14 of all assets, duties, powers, obligations, and liabilities,
16-15 including contracts, leases, real or personal property, funds,
16-16 employees, furniture, computers and other equipment, and files and
16-17 related materials used by the Texas Surplus Property Agency.
16-18 (d) A form, rule, or procedure adopted by the Texas Surplus
16-19 Property Agency that is in effect on the effective date of this
16-20 part remains in effect on and after that date as if adopted by the
16-21 General Services Commission until amended, repealed, withdrawn, or
16-22 otherwise superseded by the commission.
16-23 (e) All unexpended appropriations made to the Texas Surplus
16-24 Property Agency are transferred to the General Services Commission.
16-25 SECTION 2.10. The following laws are repealed:
16-26 (1) Chapter 32, Acts of the 62nd Legislature, Regular
16-27 Session, 1971 (Article 6252-6b, Vernon's Texas Civil Statutes); and
17-1 (2) Subsections (d), (e), and (g), Section 9.04, State
17-2 Purchasing and General Services Act (Article 601b, Vernon's Texas
17-3 Civil Statutes).
17-4 SECTION 2.11. This part takes effect September 1, 1993,
17-5 except that:
17-6 (1) the amendment to Subsection (a), Section 403.271,
17-7 Government Code, takes effect when Subchapter L, Chapter 403,
17-8 Government Code, as added by Section 2.30, Chapter 8, Acts of the
17-9 72nd Legislature, 2nd Called Session, 1991, takes effect; and
17-10 (2) the amendment to Subsection (a), Section 8.01,
17-11 State Purchasing and General Services Act (Article 601b, Vernon's
17-12 Texas Civil Statutes), does not take effect if on or before
17-13 September 1, 1993, Article 8, State Purchasing and General Services
17-14 Act (Article 601b, Vernon's Texas Civil Statutes), is repealed on
17-15 certification by the comptroller of the implementation of the fixed
17-16 asset component of the uniform statewide accounting system, in
17-17 accordance with Subsection (d), Section 6.01, Chapter 8, Acts of
17-18 the 72nd Legislature, 2nd Called Session, 1991.
17-19 PART 3. TRAVEL
17-20 SECTION 3.01. Section 14.01, State Purchasing and General
17-21 Services Act (Article 601b, Vernon's Texas Civil Statutes), is
17-22 amended to read as follows:
17-23 Sec. 14.01. Division. The travel division of the commission
17-24 is composed of the central travel office and the office of vehicle
17-25 fleet maintenance. The commission shall adopt rules to implement
17-26 this article, including rules related to:
17-27 (1) the structure of travel agency contracts that the
18-1 commission makes;
18-2 (2) the procedures the commission uses in requesting
18-3 and evaluating bids or proposals for travel agency contracts from
18-4 providers; <and>
18-5 (3) the use of negotiated contract rates for travel
18-6 services by state agencies; and
18-7 (4) exemptions from the prohibition prescribed by
18-8 Section 14.02(d) of this article.
18-9 SECTION 3.02. Subsections (b) and (c), Section 14.02, State
18-10 Purchasing and General Services Act (Article 601b, Vernon's Texas
18-11 Civil Statutes), are amended to read as follows:
18-12 (b) The central travel office shall initially provide
18-13 services to designated agencies located in Travis County and shall
18-14 extend its services to all state agencies as it develops the
18-15 capability to do so. The office may negotiate contracts with
18-16 private travel agents, with travel and transportation providers,
18-17 and with credit card companies that provide travel services and
18-18 other benefits to the state. The commission shall make contracts
18-19 with more than one provider of travel agency services. Contracts
18-20 entered into under this section are not subject to the competitive
18-21 bidding requirements imposed under Article 3 of this Act. The
18-22 comptroller of public accounts shall audit travel vouchers in
18-23 accordance with Chapter 403, Government Code, and its subsequent
18-24 amendments, for compliance with <of> rules adopted to enforce the
18-25 provisions of this section.
18-26 (c) State agencies in the executive branch of state
18-27 government shall participate in accordance with commission rules in
19-1 the commission's contracts for travel services<, provided that
19-2 institutions of higher education as defined by Section 61.003,
19-3 Education Code, shall not be required to participate in the
19-4 commission's contracts for travel agency services>. The commission
19-5 may provide by rule for exemptions from required participation.
19-6 Agencies of the state that are not required to participate in
19-7 commission contracts for travel services may participate as
19-8 provided by Subsection (a) of this section.
19-9 SECTION 3.03. Section 14.02, State Purchasing and General
19-10 Services Act (Article 601b, Vernon's Texas Civil Statutes), is
19-11 amended by adding Subsections (d) and (e) to read as follows:
19-12 (d) This subsection applies only to a state agency in the
19-13 executive branch of state government that is required to
19-14 participate in the commission's contracts for travel services.
19-15 Except as provided by commission rule, a state agency may not:
19-16 (1) purchase commercial airline or rental car
19-17 transportation if the amount of the purchase exceeds the amount of
19-18 the central travel office's contracted fares or rates; or
19-19 (2) reimburse a person for the purchase of commercial
19-20 airline or rental car transportation for the amount that exceeds
19-21 the amount of the central travel office's contracted fares or
19-22 rates.
19-23 (e) The commission shall educate state agencies about
19-24 Subsection (d) of this section. The comptroller shall audit travel
19-25 vouchers in accordance with Chapter 403, Government Code, and its
19-26 subsequent amendments, for compliance with Subsection (d) of this
19-27 section. To facilitate the audit of the travel vouchers, the
20-1 commission shall consult with the comptroller before the commission
20-2 adopts rules or procedures under Subsection (d) of this section.
20-3 SECTION 3.04. This part takes effect September 1, 1993,
20-4 except that Sections 3.01 and 3.03 of this part take effect January
20-5 1, 1994.
20-6 PART 4. MAIL
20-7 SECTION 4.01. Article 11, State Purchasing and General
20-8 Services Act (Article 601b, Vernon's Texas Civil Statutes), is
20-9 amended by adding Section 11.021 to read as follows:
20-10 Sec. 11.021. OUTGOING MAIL OPERATIONS. (a) This section
20-11 applies only to mail that is not interagency mail under Section
20-12 11.02 of this article and that is not intraagency mail.
20-13 (b) The commission shall evaluate and coordinate the mail
20-14 operations of state agencies. The commission shall adopt rules for
20-15 state agencies to implement this section.
20-16 (c) The commission shall achieve the maximum available
20-17 discount on postal rates in all cases in which acceptable levels of
20-18 timeliness, security, and quality of service can be maintained
20-19 notwithstanding the discounted rate.
20-20 (d) A state agency must receive approval from the commission
20-21 before the agency may:
20-22 (1) purchase, upgrade, or sell mail processing
20-23 equipment;
20-24 (2) contract with a private entity for mail
20-25 processing; or
20-26 (3) take actions that significantly affect the
20-27 agency's mail operations.
21-1 (e) The commission by interagency contract shall establish a
21-2 fee-for-service structure to charge and collect fees from each
21-3 state agency for the commission's services for mail operations.
21-4 The total amount charged a state agency under this section shall be
21-5 the same as the amount of the agency's appropriated funds for mail
21-6 and messenger operations, as determined by the Legislative Budget
21-7 Board, minus the agency's fixed costs for these services. The
21-8 commission shall transfer to the general revenue fund the amount of
21-9 a fee charged a state agency under this subsection that is greater
21-10 than the amount of the commission's actual expenses for performing
21-11 services for the agency.
21-12 (f) The commission shall adopt and distribute to each state
21-13 agency guidelines by which all state mail operations may be
21-14 measured and analyzed, using, to the extent possible, the services
21-15 of the United States Postal Service. The commission shall review
21-16 and update these guidelines not less often than once every two
21-17 years after the date of the adoption of the guidelines. Not later
21-18 than the 90th day after the date of the distribution of the initial
21-19 guidelines and not less often than annually after the date of that
21-20 distribution, the commission shall provide training to state agency
21-21 personnel who handle mail. The commission, to the extent possible,
21-22 may use the free training provided by the United States Postal
21-23 Service.
21-24 (g) If the commission determines that the upgrade of
21-25 existing commission mail equipment or the purchase of new mail
21-26 equipment is required to improve the mail operations of state
21-27 agencies, the commission shall prepare a cost-benefit analysis
22-1 demonstrating that the upgrade or purchase is more cost-effective
22-2 than contracting with a private entity to provide that equipment or
22-3 mail service.
22-4 (h) Not later than February 1, 1995, the commission shall
22-5 report to the legislature all significant changes in mail
22-6 operations under this section. The report shall include a
22-7 discussion of funds transferred to the general revenue fund under
22-8 Subsection (e) of this section. This subsection expires June 1,
22-9 1995.
22-10 SECTION 4.02. This part takes effect immediately.
22-11 PART 5. RECORDS COST RECOVERY
22-12 SECTION 5.01. In Sections 5.02 through 5.04 of this part:
22-13 (1) "State agency" has the meaning assigned to the
22-14 term "governmental body" by Paragraph (A), Subdivision (1), Section
22-15 2, Chapter 424, Acts of the 63rd Legislature, Regular Session, 1973
22-16 (Article 6252-17a, Vernon's Texas Civil Statutes), and its
22-17 subsequent amendments.
22-18 (2) "Commission" means the General Services
22-19 Commission.
22-20 (3) "Public records" has the meaning assigned by
22-21 Subdivision (2), Section 2, Chapter 424, Acts of the 63rd
22-22 Legislature, Regular Session, 1973 (Article 6252-17a, Vernon's
22-23 Texas Civil Statutes), and its subsequent amendments.
22-24 SECTION 5.02. (a) The commission shall conduct a study of
22-25 the charges made by state agencies for copies of public records.
22-26 (b) The attorney general, comptroller, Department of Public
22-27 Safety, Texas Department of Human Services, and Texas State Board
23-1 of Public Accountancy shall help conduct the study.
23-2 (c) The commission shall prepare a report of its findings
23-3 under the study and shall provide a copy of the report to each
23-4 state agency before December 1, 1993.
23-5 SECTION 5.03. (a) Each state agency shall review its
23-6 processes for providing access to and copies of public records and
23-7 shall analyze the charges the state agency makes for the copies.
23-8 (b) A state agency shall prepare a report of its review and
23-9 analysis and shall provide a copy of the report to the commission,
23-10 the Legislative Budget Board, and the comptroller before May 1,
23-11 1994.
23-12 (c) The commission shall assist a state agency without
23-13 accounting expertise in making the review and analysis required by
23-14 this section.
23-15 SECTION 5.04. (a) On September 1, 1993, each state agency
23-16 shall:
23-17 (1) increase by 15 percent the amount of any charge
23-18 the state agency has in place for providing a copy of a public
23-19 record; and
23-20 (2) increase by 25 percent the amount of any charge
23-21 the state agency has in place for providing a copy of a mailing
23-22 list.
23-23 (b) This section does not apply to the Department of Public
23-24 Safety.
23-25 SECTION 5.05. Chapter 424, Acts of the 63rd Legislature,
23-26 Regular Session, 1973 (Article 6252-17a, Vernon's Texas Civil
23-27 Statutes), is amended by adding Section 9A to read as follows:
24-1 Sec. 9A. CHARGES FOR PUBLIC RECORDS BY STATE AGENCY.
24-2 (a) The General Services Commission by rule shall specify the
24-3 methods and procedures that a state agency may use in determining
24-4 the amounts that the agency should charge to recover:
24-5 (1) the full cost to the agency of providing copies of
24-6 public records under this Act; and
24-7 (2) the market value of a copy of a mailing list
24-8 provided under this Act. The commission shall prepare and
24-9 distribute to state agencies a handbook that compiles and explains
24-10 the methods and procedures for determining the cost and market
24-11 value.
24-12 (b) Each state agency by rule shall specify the charges the
24-13 agency will make for copies of public records. A state agency may
24-14 establish a charge for a copy of a public record that is equal to
24-15 the full cost to the agency of providing the copy.
24-16 (c) In providing a copy of a mailing list, a state agency
24-17 may charge a commercial user for the market value of the list. In
24-18 this subsection, "commercial user" means a purchaser of a public
24-19 record who intends to use the record for the purpose of selling,
24-20 advertising, or distributing a product or service.
24-21 (d) The charges that a state agency establishes for a copy
24-22 of a public record and a copy of a mailing list must be at least
24-23 equal to the charge the agency has in place on August 31, 1993,
24-24 plus 15 percent for a copy of a public record or 25 percent for a
24-25 copy of a mailing list.
24-26 (e)(1) A state agency shall pay to the comptroller for
24-27 deposit in an unobligated account designated by the comptroller in
25-1 the general revenue fund all money collected by the agency for
25-2 providing copies of public records.
25-3 (2) Of the total amount of money deposited in the
25-4 general revenue fund under Subdivision (1) of this subsection, the
25-5 comptroller may transfer 25 percent of the money collected for
25-6 providing copies of mailing lists and 15 percent of the money
25-7 collected for providing copies of other public records to the
25-8 general revenue fund.
25-9 (3) The comptroller shall adopt rules to administer
25-10 this subsection.
25-11 (f) This section is cumulative of Section 9 of this Act.
25-12 (g) In this section, "state agency" means a governmental
25-13 body described by Paragraph (A) of Subdivision (1) of Section 2 of
25-14 this Act.
25-15 SECTION 5.06. Sections 403.301 and 403.302, Government Code,
25-16 are repealed.
25-17 SECTION 5.07. This part takes effect immediately.
25-18 PART 6. EMERGENCY
25-19 SECTION 6.01. The importance of this legislation and the
25-20 crowded condition of the calendars in both houses create an
25-21 emergency and an imperative public necessity that the
25-22 constitutional rule requiring bills to be read on three several
25-23 days in each house be suspended, and this rule is hereby suspended,
25-24 and that this Act take effect and be in force according to its
25-25 terms, and it is so enacted.