S.B. No. 381
AN ACT
1-1 relating to the acquisition or provision of goods and services by
1-2 the state.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 PART 1. GENERAL STATE ACQUISITION PROCESS
1-5 SECTION 1.01. (a) Section 2, Texas Public Finance Authority
1-6 Act (Article 601d, Vernon's Texas Civil Statutes), is amended to
1-7 read as follows:
1-8 Sec. 2. PURPOSE. The purpose of this Act is to provide a
1-9 method of financing:
1-10 (1) for the acquisition or construction of buildings
1-11 in Travis County, Texas; and
1-12 (2) for the purchase or lease of equipment by state
1-13 agencies in the executive or judicial branch of state government.
1-14 (b) The amendment of Section 2, Texas Public Finance
1-15 Authority Act (Article 601d, Vernon's Texas Civil Statutes), by
1-16 Section 42, H.B. No. 2626, Acts of the 73rd Legislature, Regular
1-17 Session, 1993, has no effect.
1-18 SECTION 1.02. (a) Subsection (a), Section 9A, Texas Public
1-19 Finance Authority Act (Article 601d, Vernon's Texas Civil
1-20 Statutes), is amended to read as follows:
1-21 (a) The authority may issue and sell obligations for the
1-22 financing of a lease or other agreement so long as the agreement
1-23 concerns equipment that a state agency in the executive or judicial
1-24 branch of state government has purchased or leased or intends to
2-1 purchase or lease. The authority's power to issue obligations
2-2 includes the power to issue and sell obligations for the financing
2-3 of a package of agreements involving one or more state agencies.
2-4 (b) The amendment of Subsection (a), Section 9A, Texas
2-5 Public Finance Authority Act (Article 601d, Vernon's Texas Civil
2-6 Statutes), by Section 43, H.B. No. 2626, Acts of the 73rd
2-7 Legislature, Regular Session, 1993, has no effect.
2-8 SECTION 1.03. Subdivision (3), Section 1, Chapter 454, Acts
2-9 of the 65th Legislature, Regular Session, 1977 (Article 6252-11c,
2-10 Vernon's Texas Civil Statutes), is amended to read as follows:
2-11 (3) "State agency" has the meaning assigned by Section
2-12 1.02, State Purchasing and General Services Act (Article 601b,
2-13 Vernon's Texas Civil Statutes) <means a state department,
2-14 commission, board, office, institution, facility, or other agency
2-15 the jurisdiction of which is not limited to a geographical portion
2-16 of the state. The term includes a university system and an
2-17 institution of higher education as defined in Section 61.003,
2-18 Education Code. The term does not include a public junior
2-19 college>.
2-20 SECTION 1.04. Subchapter C, Chapter 403, Government Code, is
2-21 amended by adding Section 403.039 to read as follows:
2-22 Sec. 403.039. TEXAS IDENTIFICATION NUMBER SYSTEM. (a) The
2-23 comptroller shall assign a Texas Identification Number, based on
2-24 the comptroller's taxpayer identification number system, to each
2-25 person, other than a state employee, who supplies property or
2-26 services to the state for compensation or reimbursement.
2-27 (b) The Texas Identification Number system shall be used by
3-1 each state agency as the primary identification system for persons,
3-2 other than state employees, who supply property or services to the
3-3 agency for compensation or reimbursement. The agency may assign
3-4 secondary numbers if the secondary numbering system does not
3-5 unnecessarily create duplication of data bases, efforts, or costs.
3-6 (c) All state agencies shall cooperate with the comptroller
3-7 to convert existing relevant identification systems to the Texas
3-8 Identification Number system. The comptroller may adopt rules
3-9 governing the conversion to and the administration of the Texas
3-10 Identification Number system, including rules on the procedure for
3-11 applying for a number under the system.
3-12 (d) In this section, "state agency" means any department,
3-13 commission, board, office, or other agency in the executive,
3-14 legislative, or judicial branch of state government, including an
3-15 institution of higher education.
3-16 SECTION 1.05. The comptroller shall begin implementation of
3-17 the Texas Identification Number system, as added by Section 1.04 of
3-18 this part, as soon as practicable. A state agency may phase in its
3-19 use of the system but shall fully implement the system not later
3-20 than September 1, 1998.
3-21 SECTION 1.06. Section 1.03, State Purchasing and General
3-22 Services Act (Article 601b, Vernon's Texas Civil Statutes), is
3-23 amended by adding Subsections (l) through (p) to read as follows:
3-24 (l) The commission and each state agency shall prepare as
3-25 part of its strategic plan under Article 6252-31, Revised Statutes,
3-26 as added by Chapter 384, Acts of the 72nd Legislature, Regular
3-27 Session, 1991, a written plan for increasing the commission's or
4-1 the agency's use of historically underutilized businesses in
4-2 purchasing and in public works contracting. On request, the
4-3 commission shall provide technical assistance to an agency that is
4-4 preparing its plan under this subsection. The plan must include:
4-5 (1) a policy or mission statement relating to
4-6 increasing use of historically underutilized businesses by the
4-7 commission or agency;
4-8 (2) goals to be met by the commission or agency in
4-9 carrying out the policy or mission; and
4-10 (3) specific programs to be conducted by the
4-11 commission or agency to meet the goals stated in the plan,
4-12 including a specific program to encourage contractors to use
4-13 historically underutilized businesses as partners and
4-14 subcontractors.
4-15 (m) The commission and each state agency shall prepare an
4-16 annual report for each fiscal year documenting progress under its
4-17 plan for increasing use of historically underutilized businesses.
4-18 The commission or agency shall file the report with the governor,
4-19 lieutenant governor, and speaker of the house of representatives
4-20 not later than December 31 of each year.
4-21 (n) In cooperation with the state auditor, the commission
4-22 shall develop a standard form for reports prepared under Subsection
4-23 (m) of this section.
4-24 (o) The commission shall assist the Texas Department of
4-25 Commerce in the performance of the department's duties under
4-26 Section 481.103, Government Code.
4-27 (p) The commission shall encourage the use of historically
5-1 underutilized businesses by state agencies by:
5-2 (1) working with state agencies to establish a
5-3 statewide policy for increasing use of historically underutilized
5-4 businesses;
5-5 (2) assisting state agencies in seeking historically
5-6 underutilized businesses capable of supplying materials and
5-7 services that the agencies require;
5-8 (3) assisting state agencies in identifying and
5-9 advising historically underutilized businesses on the types of
5-10 goods and services needed by the agencies; and
5-11 (4) assisting state agencies in increasing the volume
5-12 of business placed with historically underutilized businesses.
5-13 SECTION 1.07. Article 3, State Purchasing and General
5-14 Services Act (Article 601b, Vernon's Texas Civil Statutes), is
5-15 amended by adding Section 3.081 to read as follows:
5-16 Sec. 3.081. CATALOGUE PURCHASE PROCEDURE. (a) A vendor who
5-17 wants to sell or lease automated information systems under this
5-18 section to state agencies covered by the Information Resources
5-19 Management Act (Article 4413(32j), Revised Statutes) shall apply to
5-20 the commission for designation as a "qualified information systems
5-21 vendor" according to an application process promulgated by the
5-22 commission. At a minimum, the application process shall include
5-23 submission of the following elements:
5-24 (1) a catalogue containing all products and services
5-25 eligible for purchase by state agencies, including descriptions of
5-26 each product or service, the list price of each product or service,
5-27 and the price to Texas state agencies of each product or service;
6-1 (2) a maintenance, repair, and support plan for all
6-2 eligible products and services;
6-3 (3) proof of the applicant's financial resources and
6-4 ability to perform; and
6-5 (4) a guarantee that the vendor will make available
6-6 equivalent replacement parts for products sold to Texas for at
6-7 least three years from the date of a product's discontinuation.
6-8 (b) Within 90 days after the effective date of the law
6-9 enacting this section the commission shall establish standards and
6-10 criteria for designating qualified information systems vendors on a
6-11 regional and statewide basis. A vendor remains qualified until the
6-12 commission determines the vendor fails to meet the criteria set
6-13 forth in this section. Vendors granted regional status may sell
6-14 catalogue-listed products and services directly to state agencies
6-15 covered by the Information Resources Management Act (Article
6-16 4413(32j), Revised Statutes) within a region defined by the
6-17 commission. Vendors granted statewide status may sell
6-18 catalogue-listed products and services directly to any state agency
6-19 covered by the Information Resources Management Act (Article
6-20 4413(32j), Revised Statutes). The commission's standards and
6-21 criteria shall be developed in accordance with the following
6-22 parameters:
6-23 (1) the ability of the vendor to provide adequate and
6-24 reliable support and maintenance;
6-25 (2) the vendor's ability to provide adequate and
6-26 reliable support and maintenance in the future;
6-27 (3) the technical adequacy and reliability of the
7-1 vendor's products; and
7-2 (4) consistency with standards adopted by the
7-3 Department of Information Resources or a subsequent entity.
7-4 (c) If a vendor is designated by the commission as a
7-5 qualified information systems vendor, the vendor shall publish and
7-6 maintain a catalogue containing all products and services eligible
7-7 for purchase by state agencies, including descriptions of each
7-8 product or service, the list price of each product or service, and
7-9 the price to Texas state agencies of each product or service. The
7-10 vendor shall update the catalogue on an as-needed basis to reflect
7-11 changes in price or the availability of products or services and
7-12 shall forward a copy of each updated catalogue to the commission
7-13 and all eligible purchasers.
7-14 (d) A state agency covered by the Information Resources
7-15 Management Act (Article 4413(32j), Revised Statutes) may purchase
7-16 or lease automated information systems directly from a qualified
7-17 information systems vendor and may negotiate additional terms and
7-18 conditions to be included in contracts relating to the purchase or
7-19 lease, provided the purchase or lease is based on the best value
7-20 available and is in the state's best interest. In determining
7-21 which products or services are in the state's best interest, the
7-22 agency shall consider the following factors:
7-23 (1) installation costs and hardware costs;
7-24 (2) the overall life cycle cost of the system or
7-25 equipment;
7-26 (3) estimated cost of employee training and estimated
7-27 increase in employee productivity;
8-1 (4) estimated software and maintenance costs; and
8-2 (5) compliance with applicable statewide standards
8-3 adopted by the Department of Information Resources or a subsequent
8-4 entity as validated by criteria established by the department or a
8-5 subsequent entity in administrative rule.
8-6 (e) The commission shall establish rules and regulations and
8-7 implement the catalogue purchase procedure set forth in this
8-8 section no later than January 1, 1994.
8-9 (f) Purchases of automated information systems shall be made
8-10 through the catalogue procedure enumerated in this section unless
8-11 the commission or state agency determines that the best value
8-12 available accrues from an alternative purchase method authorized by
8-13 this Act.
8-14 (g) The commission shall make the catalogue purchasing
8-15 procedure enumerated in this section available to local governments
8-16 who qualify for cooperative purchasing under Sections 271.082 and
8-17 271.083, Local Government Code. In this subsection, "local
8-18 government" has the meaning assigned to it by Section 271.081,
8-19 Local Government Code.
8-20 SECTION 1.08. Section 1.02, State Purchasing and General
8-21 Services Act (Article 601b, Vernon's Texas Civil Statutes), is
8-22 amended by adding Subdivisions (4), (5), and (6) to read as
8-23 follows:
8-24 (4) "Automated information systems" means any
8-25 automated information systems, the computers on which they are
8-26 automated, or a service related to the automation of information
8-27 systems or the computers on which they are automated, including
9-1 computer software, awarded to a vendor by a state agency covered by
9-2 the Information Resources Management Act (Article 4413(32j),
9-3 Revised Statutes), or any telecommunications apparatus or device
9-4 that serves as a component of a voice, data, or video
9-5 communications network for the purpose of transmitting, switching,
9-6 routing, multiplexing, modulating, amplifying, or receiving signals
9-7 on that network.
9-8 (5) "Best value" means lowest overall cost of
9-9 information systems based on the following factors including but
9-10 not limited to:
9-11 (A) purchase price;
9-12 (B) compatibility to facilitate exchange of
9-13 existing data;
9-14 (C) capacity for expansion and upgrading to more
9-15 advanced levels of technology;
9-16 (D) quantitative reliability factors;
9-17 (E) the level of training required to bring
9-18 end-users to a stated level of proficiency;
9-19 (F) the technical support requirements for
9-20 maintenance of data across a network platform and management of the
9-21 network's hardware and software; and
9-22 (G) compliance with applicable statewide
9-23 standards adopted by the Department of Information Resources or a
9-24 subsequent entity as validated by criteria established by the
9-25 department or a subsequent entity in administrative rule.
9-26 (6) "Qualified information systems vendor" means
9-27 manufacturers or resellers of automated information systems who are
10-1 authorized by the commission to publish catalogues of products and
10-2 services which may be directly purchased by state agencies covered
10-3 by the Information Resources Management Act (Article 4413(32j),
10-4 Revised Statutes).
10-5 SECTION 1.09. Section 10.05, State Purchasing and General
10-6 Services Act (Article 601b, Vernon's Texas Civil Statutes), is
10-7 amended to read as follows:
10-8 Sec. 10.05. Sharing of services or facilities.
10-9 (a) Telecommunications facilities and services, to the extent
10-10 feasible and desirable, shall be provided on an integrated or
10-11 shared basis, or both, to avoid waste of state funds and manpower.
10-12 (b) The commission, the Department of Information Resources,
10-13 and the comptroller shall develop, in coordination with The Texas
10-14 A&M University System, The University of Texas System, other
10-15 institutions of higher education, and other state agencies, a plan
10-16 for a state telecommunications network that will effectively and
10-17 efficiently meet the long-term voice, video, and computer
10-18 communications requirements of state government. The plan should
10-19 recognize that all state agencies and institutions of higher
10-20 education are a single entity for purposes of purchasing and
10-21 determining tariffs. The plan shall incorporate efficiencies
10-22 obtained through the use of shared transmission services and open
10-23 systems architecture as they become available, building on existing
10-24 systems as appropriate, and the developers of the plan shall make
10-25 use of the technical expertise of the institutions of higher
10-26 education and state agencies. The commission, department, and
10-27 comptroller shall present to the governor and the legislature a
11-1 comprehensive summary of the plan and its implementation schedule
11-2 before September 1, 1994.
11-3 SECTION 1.10. Not later than January 1, 1995, the General
11-4 Services Commission shall submit to the governor, lieutenant
11-5 governor, and speaker of the house of representatives a report on
11-6 the competitive sealed proposal process established by Section
11-7 3.0221, State Purchasing and General Services Act (Article 601b,
11-8 Vernon's Texas Civil Statutes), as added by H.B. No. 2626, Acts of
11-9 the 73rd Legislature, Regular Session, 1993, that includes:
11-10 (1) a list of all purchases made under the process
11-11 during the state fiscal year ending August 31, 1994, including
11-12 purchases by institutions and other agencies of higher education
11-13 under authority delegated by the commission;
11-14 (2) an analysis of benefits and disadvantages of the
11-15 process; and
11-16 (3) recommendations for improving the process.
11-17 SECTION 1.11. Article 5, State Purchasing and General
11-18 Services Act (Article 601b, Vernon's Texas Civil Statutes), is
11-19 amended by adding Section 5.265 to read as follows:
11-20 Sec. 5.265. COMMON SURETY OR INSURER. If it is advantageous
11-21 to the state, the commission, or an agency whose project is
11-22 exempted from all or part of this article under Section 5.13 of
11-23 this article, may negotiate an arrangement with a surety or an
11-24 insurer, as appropriate, authorized to do business in this state to
11-25 furnish some or all of the bonds, insurance, or both that a
11-26 contractor or subcontractor is required to execute or carry to
11-27 receive a contract or subcontract on a project administered by the
12-1 commission or other agency. Notwithstanding Section 1, Chapter 87,
12-2 Acts of the 56th Legislature, Regular Session, 1959 (Article
12-3 7.19-1, Vernon's Texas Insurance Code), and its subsequent
12-4 amendments, the commission or other agency may require a contractor
12-5 or subcontractor to meet part or all of the bonding or insurance
12-6 requirements for the project under the arrangement negotiated by
12-7 the commission or other agency.
12-8 SECTION 1.12. Article 5, State Purchasing and General
12-9 Services Act (Article 601b, Vernon's Texas Civil Statutes), is
12-10 amended by adding Section 5.342 to read as follows:
12-11 Sec. 5.342. ACQUISITION OF EXISTING BUILDING AS ALTERNATIVE
12-12 TO LEASING SPACE. (a) This section applies only to meeting office
12-13 space needs of one or more state agencies in a county in which the
12-14 state is leasing at least 50,000 square feet of usable office
12-15 space.
12-16 (b) The commission may meet office space needs of one or
12-17 more state agencies that are being met through leased space by
12-18 purchasing one or more existing buildings in accordance with this
12-19 section. The purchase of a building may include the purchase of
12-20 the building's grounds and related improvements. The purchase of a
12-21 building under this section must be:
12-22 (1) financed through bonds issued by the Texas Public
12-23 Finance Authority; and
12-24 (2) approved by the legislature if it is in session or
12-25 by the Legislative Budget Board if the legislature is not in
12-26 session.
12-27 (c) The commission may purchase a building under this
13-1 section only if the commission determines that the projected annual
13-2 total space occupancy costs of the purchased space will not exceed,
13-3 over the term of the bonded indebtedness, the projected annual
13-4 total space occupancy costs of meeting the same space needs through
13-5 leased space. In this section, "total space occupancy costs"
13-6 include:
13-7 (1) for leased space, the direct cost of the lease
13-8 payments for the space;
13-9 (2) for purchased space, the direct cost of rental or
13-10 installment payments for the space under Section 12(b), Texas
13-11 Public Finance Authority Act (Article 601d, Vernon's Texas Civil
13-12 Statutes);
13-13 (3) the cost of any necessary renovations;
13-14 (4) operating costs, including janitorial and utility
13-15 costs; and
13-16 (5) for purchased space, the cost of maintaining a
13-17 cash replacement reserve sufficient to service structural
13-18 maintenance requirements reflecting the expected performance life
13-19 of the major capital expense items of the building for the term of
13-20 the bonded indebtedness.
13-21 (d) If the commission has made the necessary determination
13-22 under Subsection (c) of this section and the purchase has been
13-23 approved by the legislature or the Legislative Budget Board under
13-24 Subsection (b) of this section, the Texas Public Finance Authority
13-25 shall issue and sell bonds to finance the purchase in accordance
13-26 with the Texas Public Finance Authority Act (Article 601d, Vernon's
13-27 Texas Civil Statutes), and the commission may purchase the building
14-1 in accordance with that Act and other applicable law. The
14-2 limitation prescribed by Section 9, Texas Public Finance Authority
14-3 Act (Article 601d, Vernon's Texas Civil Statutes), relating to the
14-4 location of a building for which bonds may be issued and sold does
14-5 not apply to financing the purchase of a building under this
14-6 section.
14-7 (e) Any person from whom real property or any existing
14-8 buildings or other improvements are purchased under this section
14-9 shall provide to the commission the name and the last known address
14-10 of each person who:
14-11 (1) owns record legal title to the property,
14-12 buildings, or other improvements; or
14-13 (2) owns a beneficial interest in the property,
14-14 buildings, or other improvements through a trust, nominee, agent,
14-15 or any other legal entity.
14-16 (f) When a state agency vacates leased space to move into
14-17 space in a building purchased under this section or when the leased
14-18 space itself is purchased under this section, the money
14-19 specifically appropriated by the legislature or the money available
14-20 to and budgeted by the agency for lease payments for the leased
14-21 space for the remainder of the biennium may be used only for rental
14-22 or installment payments for the purchased space under Section
14-23 12(b), Texas Public Finance Authority Act (Article 601d, Vernon's
14-24 Texas Civil Statutes), and for the payment of operating expenses
14-25 for the purchased space that are incurred by the commission. The
14-26 comptroller may adopt rules for the administration of this
14-27 subsection.
15-1 SECTION 1.13. Subsections (c) and (m), Section 4.15, State
15-2 Purchasing and General Services Act (Article 601b, Vernon's Texas
15-3 Civil Statutes), are amended to read as follows:
15-4 (c) Except as provided by this section and Article 6252-3e,
15-5 Revised Statutes, the commission shall determine the amount of
15-6 space in a building to be allocated to private tenants and the
15-7 types of activities in which the tenants may engage based on the
15-8 market for certain activities among employees and visitors in the
15-9 building and in the vicinity of the building. Except as provided
15-10 by Subsection (m) <(l)> of this section, the amount of space
15-11 allocated to private tenants may not exceed 15 percent of the total
15-12 space in the building. Any space leased to provide child care
15-13 services for state employees shall not be counted in the 15 percent
15-14 maximum.
15-15 (m) If the commission determines under Section 5.34 or 5.342
15-16 of this Act that the purchase of an existing building is more
15-17 advantageous to the state than constructing <the construction of> a
15-18 new building or continuing to lease space for a state agency, but a
15-19 purchase of the building would be subject to existing leases to
15-20 private tenants that exceed 15 percent of the total space in the
15-21 building, the commission may purchase the building subject to
15-22 existing leases notwithstanding Subsection (c) of this section.
15-23 When an existing lease to a private tenant expires, the commission
15-24 may renew the lease subject to this section, including Subsection
15-25 (c).
15-26 SECTION 1.14. Subsection (b), Section 9, Texas Public
15-27 Finance Authority Act (Article 601d, Vernon's Texas Civil
16-1 Statutes), is amended to read as follows:
16-2 (b) When the acquisition or construction of a building has
16-3 been authorized in accordance with this Act or under Section 5.34
16-4 or 5.342, State Purchasing and General Services Act (Article 601b,
16-5 Vernon's Texas Civil Statutes), the board shall promptly issue and
16-6 sell bonds in the name of the authority under this Act, including
16-7 Sections 10B and 16 of this Act, to finance the acquisition or
16-8 construction of the building. When the proceeds from the bond
16-9 issuance are available, the board shall promptly deposit the
16-10 proceeds in the state treasury under Section 23 of this Act and
16-11 shall promptly make the determinations that are to be made by the
16-12 board under Section 23 of this Act.
16-13 SECTION 1.15. Subsection (a), Section 10, Texas Public
16-14 Finance Authority Act (Article 601d, Vernon's Texas Civil
16-15 Statutes), as amended by Chapter 1244, Acts of the 71st
16-16 Legislature, Regular Session, 1989, is amended to read as follows:
16-17 (a) Except as permitted by Sections 24A(b)(5) and 24A(d) of
16-18 this Act or Section 5.34 or 5.342, State Purchasing and General
16-19 Services Act (Article 601b, Vernon's Texas Civil Statutes), before
16-20 the board may issue and sell bonds, the legislature by law must
16-21 have authorized in this Act, the General Appropriations Act, or
16-22 another Act the specific project for which the bonds are to be
16-23 issued and sold and must have authorized the estimated cost of the
16-24 project or the maximum amount of bonded indebtedness that may be
16-25 incurred by the issuance and sale of bonds for the project. In
16-26 recognition that the cost estimates for acquisition, construction,
16-27 repair, or renovation of a project will not be final at the time
17-1 the project is authorized for financing and that the bonds may be
17-2 issued to fund associated costs, including but not limited to
17-3 reasonably required reserve funds, capitalized interest,
17-4 administrative costs of the authority, and issuing expenses, the
17-5 principal amount of any bond issue for that purpose may be up to
17-6 1-1/2 the amount of the estimated cost for the project being
17-7 financed. For additional costs to be included in that principal
17-8 amount, the board must affirmatively find that those costs are
17-9 necessary and reasonable at the time the bonds are issued.
17-10 SECTION 1.16. Section 481.105, Government Code, is
17-11 transferred to Article 3, State Purchasing and General Services Act
17-12 (Article 601b, Vernon's Texas Civil Statutes), redesignated as
17-13 Section 3.281, and amended to read as follows:
17-14 Sec. 3.281 <481.105>. Participation by Small Businesses in
17-15 State Purchasing. The commission <office> shall foster
17-16 participation of small businesses in the purchasing activities of
17-17 the state by:
17-18 (1) assisting state agencies in developing procedures
17-19 to ensure the inclusion of small businesses on state agency master
17-20 bid lists;
17-21 (2) informing small businesses of state purchasing
17-22 opportunities;
17-23 (3) assisting small businesses in complying with the
17-24 procedures for bidding on state contracts;
17-25 (4) working with state and federal agencies and with
17-26 private organizations in disseminating information on state
17-27 purchasing procedures and the opportunities for small businesses to
18-1 participate in state contracts;
18-2 (5) assisting state agencies with the development of a
18-3 comprehensive list of small businesses capable of providing
18-4 materials, supplies, equipment, or services to the state; <and>
18-5 (6) making recommendations to state agencies for
18-6 simplification of specifications and terms to increase the
18-7 opportunities for small business participation;
18-8 (7) working with state agencies to establish a
18-9 statewide policy for increasing use of small businesses;
18-10 (8) assisting state agencies in seeking small
18-11 businesses capable of supplying materials and services that the
18-12 agencies require;
18-13 (9) assisting state agencies in identifying and
18-14 advising small businesses on the types of goods and services needed
18-15 by the agencies; and
18-16 (10) assisting state agencies in increasing the volume
18-17 of business placed with small businesses.
18-18 SECTION 1.17. On the effective date of this part, all
18-19 powers, duties, and obligations of the Office of Small Business
18-20 Assistance of the Texas Department of Commerce under Section 1.03,
18-21 State Purchasing and General Services Act (Article 601b, Vernon's
18-22 Texas Civil Statutes), and under former Section 481.105, Government
18-23 Code, are transferred to the General Services Commission as
18-24 prescribed by this part. All records and property in the custody
18-25 of the office that relate to a function transferred by this part
18-26 are transferred to the commission. All appropriations to the
18-27 office for functions transferred by this part and all employees of
19-1 the office employed primarily to engage in those functions are
19-2 transferred to the commission. An application for certification as
19-3 a disadvantaged business is transferred without change in status
19-4 from the office to the commission. All rules, standards, and
19-5 specifications of the office relating to the functions transferred
19-6 by this part remain in effect as rules, standards, and
19-7 specifications of the commission unless superseded by the
19-8 commission.
19-9 SECTION 1.18. Subchapter B, Chapter 435, Government Code, is
19-10 amended by adding Section 435.027 to read as follows:
19-11 Sec. 435.027. GRONER A. PITTS NATIONAL GUARD ARMORY. The
19-12 Texas National Guard armory located in Brownwood, Texas, is named
19-13 the Groner A. Pitts National Guard Armory in honor of Groner A.
19-14 Pitts.
19-15 SECTION 1.19. The State Purchasing and General Services Act
19-16 (Article 601b, Vernon's Texas Civil Statutes) is amended by adding
19-17 Article 3A to read as follows:
19-18 ARTICLE 3A. CENTRAL AUTOMATED PURCHASING
19-19 Sec. 3A.01. STUDY AND DESIGN PROCESS. The commission and
19-20 the comptroller shall jointly study and design a central automated
19-21 purchasing system for use by state agencies. The design must be
19-22 compatible with the uniform statewide accounting system and must
19-23 allow state agencies to select goods or services from an automated
19-24 catalogue, order the goods or services electronically, and enter
19-25 electronically on the system the fact of receipt of the goods or
19-26 services. The design must also allow an entry of receipt on the
19-27 system to serve as an authorization for the comptroller to pay the
20-1 vendor on verification that the agency is authorized by law to
20-2 purchase the goods or services.
20-3 Sec. 3A.02. ASSISTANCE BY OTHER STATE AGENCIES. On the
20-4 request of the commission or the comptroller, the Department of
20-5 Information Resources and other state agencies shall assist the
20-6 commission and the comptroller in the study and design process
20-7 authorized by Section 3A.01 of this article.
20-8 Sec. 3A.03. REPORT TO LEGISLATURE. Not later than January
20-9 1, 1995, the commission and the comptroller shall each submit to
20-10 the legislature a report containing the agency's recommendations
20-11 relating to:
20-12 (1) the cost, feasibility, and advisability of
20-13 implementing a central automated purchasing system as designed by
20-14 the agencies; and
20-15 (2) other advisable changes that concern the state's
20-16 methods of acquiring goods and services that would become feasible
20-17 if the state implemented the central automated purchasing system.
20-18 Sec. 3A.04. RULES. The commission and the comptroller may
20-19 adopt rules to administer this article.
20-20 Sec. 3A.05. EXPIRATION. This article expires on September
20-21 1, 1995.
20-22 SECTION 1.20. Subsections (f) and (k), Section 9,
20-23 Information Resources Management Act (Article 4413(32j), Revised
20-24 Statutes), are amended to read as follows:
20-25 (f) At the request of a state agency, the <The> department
20-26 may provide technical and managerial assistance relating to
20-27 information resources management, including automation feasibility
21-1 studies, systems analysis, and design, training, and technology
21-2 evaluation <at the request of a state agency>.
21-3 (k) The department may <shall operate, on a self-supporting
21-4 basis, a computer service facility and> provide computer services
21-5 under interagency contracts to state agencies that choose to
21-6 contract with the department <subscribe to the service>.
21-7 SECTION 1.21. Section 13, Information Resources Management
21-8 Act (Article 4413(32j), Revised Statutes), is amended to read as
21-9 follows:
21-10 Sec. 13. PERFORMANCE <Annual> report. (a) Not later than
21-11 November <February> 1 of each even-numbered year, the board shall
21-12 review and approve and the department shall present a <department's
21-13 annual> report on the use of information resources technologies by
21-14 <management activities of> state government<, based on the annual
21-15 performance reports submitted to the department by state agencies
21-16 under Section 20 of this article>. The <annual> report must:
21-17 (1) assess the progress made toward meeting the goals
21-18 and objectives of the state strategic plan for information
21-19 resources management;
21-20 (2) describe major accomplishments of the state or a
21-21 specific <and each> state agency in information resources
21-22 management;
21-23 (3) describe major problems confronting the state or a
21-24 specific state <the existing major data bases and applications in
21-25 each> agency in information resources management;
21-26 (4) <describe all existing interagency computer
21-27 networks;>
22-1 <(5)> provide a summary of the total expenditures for
22-2 information resources and information resources technologies by
22-3 <each agency and> the state;
22-4 <(6) provide an inventory list, by major categories,
22-5 of the state's information resources technologies;> and
22-6 (5) <(7) identify and> make recommendations for
22-7 improving the effectiveness and cost efficiency of the state's use
22-8 of information resources <regarding opportunities for multiagency
22-9 information resources management activities>.
22-10 (b) The <approved annual> report <of the department> shall
22-11 be submitted to the governor and to the legislature <Legislative
22-12 Budget Board>.
22-13 (c) The department may make interim reports that it
22-14 considers necessary.
22-15 (d) The department is entitled to obtain any information
22-16 concerning a state agency's information resources and information
22-17 resources technologies that the department determines is necessary
22-18 to prepare a report under this section.
22-19 SECTION 1.22. Section 15, Information Resources Management
22-20 Act (Article 4413(32j), Revised Statutes), is amended to read as
22-21 follows:
22-22 Sec. 15. PROJECT REVIEW. (a) In this section, "major
22-23 information resources project" means any information resources
22-24 technology project identified in a state agency's biennial
22-25 operating plan with development costs that exceed $1,000,000 and
22-26 that:
22-27 (1) requires one year or longer to reach operations
23-1 status;
23-2 (2) involves more than one state agency; or
23-3 (3) substantially alters work methods of state agency
23-4 personnel or the delivery of services to clients.
23-5 (b) A state agency may not expend appropriated funds for a
23-6 major information resources project unless the project has been
23-7 approved by the department in the agency's biennial operating plan.
23-8 (c) The department shall develop rules or guidelines for its
23-9 review of major information resources projects. <INITIAL OPERATING
23-10 PLANS. (a) Once each biennium, each state agency's information
23-11 resources manager shall prepare an initial operating plan. An
23-12 agency is not required to identify specific acquisitions or the
23-13 method of acquisition in the plan. The plan must be approved by
23-14 the governing body of the agency and submitted to the department
23-15 for approval not later than the date that the agency is required to
23-16 submit its first legislative appropriations request.>
23-17 <(b) A state agency's initial operating plan must, for each
23-18 request under each Legislative Budget Board assumption:>
23-19 <(1) state how the agency's requested appropriations
23-20 for the management, operation, and procurement of information
23-21 resources would be spent;>
23-22 <(2) contain a summary of the agency's needs for
23-23 information resources technologies and the estimated cost of
23-24 meeting those needs during the next biennium;>
23-25 <(3) list the existing and proposed projects for the
23-26 agency during the next biennium, including:>
23-27 <(A) the anticipated measurable benefits of
24-1 those projects and the measurement standards used to determine
24-2 those benefits;>
24-3 <(B) the major resources required to conduct the
24-4 projects;>
24-5 <(C) the agency's estimated total cost of each
24-6 project by legislative program as found in the agency's legislative
24-7 appropriations request;>
24-8 <(D) the cost and implementation schedule for
24-9 each stage of each project;>
24-10 <(E) the number, type, approximate cost,
24-11 schedule, and, if known, the planned method of acquisition for all
24-12 procurements associated with each project that are subject to
24-13 review under department rules; and>
24-14 <(F) the estimated internal development costs
24-15 for each project, including an allocation of costs for the use of
24-16 fixed assets and an allocation for administrative costs;>
24-17 <(4) provide an estimate, given the estimated work
24-18 load, of the percentage of existing and proposed information
24-19 resources technologies that will be required after all existing and
24-20 proposed projects are implemented; and>
24-21 <(5) any other information the department considers
24-22 necessary.>
24-23 SECTION 1.23. Section 16, Information Resources Management
24-24 Act (Article 4413(32j), Revised Statutes), is amended to read as
24-25 follows:
24-26 Sec. 16. BIENNIAL <Final> operating plans. (a) Each state
24-27 agency shall submit an <a final> operating plan to the department
25-1 each state fiscal biennium not later than the 30th day after the
25-2 date that the General Appropriations Act for the biennium becomes
25-3 law <earliest of the following dates of each odd-numbered year:>
25-4 <(1) September 1;>
25-5 <(2) the 60th day after the date the General
25-6 Appropriations Act becomes law if it becomes law on or before July
25-7 31 of that year; or>
25-8 <(3) the 30th day after the date the General
25-9 Appropriations Act becomes law if it becomes law after July 31 of
25-10 that year>.
25-11 (b) The <At a minimum, the> plan shall describe the agency's
25-12 current and proposed projects for the biennium <must include, in
25-13 addition to the information required in the initial operating plan,
25-14 the following:>
25-15 <(1) the amount of money related to information
25-16 resources actually appropriated to the agency for the biennium
25-17 beginning September 1; and>
25-18 <(2) an identification of changes, if any, in the
25-19 agency's priorities for projects and associated procurements as set
25-20 forth in the initial operating plan>.
25-21 (c) <The department may consult the comptroller to verify a
25-22 state agency's approved funds.>
25-23 <(d)> A state agency shall amend its biennial <final>
25-24 operating plan when necessary to reflect changes in the plan during
25-25 a biennium. <The plan shall also be amended if necessary to show
25-26 the impact of a consulting services contract or report that may
25-27 affect software development, hardware configuration, or changes in
26-1 the agency's management of information resources. The substance of
26-2 any amendment submitted to the plan must also be included in an
26-3 appropriate approved agency strategic plan or approved agency
26-4 strategic plan amendment.>
26-5 SECTION 1.24. Section 17, Information Resources Management
26-6 Act (Article 4413(32j), Revised Statutes), is amended to read as
26-7 follows:
26-8 Sec. 17. Procedures for submitting and evaluating operating
26-9 plans. (a) The department by rule shall adopt instructions to
26-10 guide state agencies in their preparation of biennial <initial
26-11 operating plans and final> operating plans. The instructions must:
26-12 (1) specify the format of the plans;
26-13 (2) specify <require the submission of> the
26-14 information required to be included in the plans <by this article>;
26-15 <and>
26-16 (3) list the general criteria that the department will
26-17 use to evaluate the plans; and
26-18 (4) specify procedures for the submission, review,
26-19 approval, and disapproval of plans and amendments, including
26-20 procedures for review or reconsideration of the department's
26-21 disapproval of a plan or plan amendment.
26-22 (b) <The department shall notify a state agency in writing
26-23 of the department's approval or disapproval of an initial operating
26-24 plan. The notification shall be sent not later than 120 days after
26-25 the date the department receives the plan.>
26-26 <(c) The department shall notify a state agency in writing
26-27 of the department's approval or disapproval of a final operating
27-1 plan. The notification shall be sent not later than 30 days after
27-2 the date the department receives the plan. If the department's
27-3 determination is due after September 1 of an odd-numbered year, a
27-4 state agency may operate as if the plan had been approved until the
27-5 department actually makes its determination.>
27-6 <(d) If the department disapproves a state agency's initial
27-7 operating plan or final operating plan, the department shall
27-8 provide to the agency in writing the reasons for the disapproval.
27-9 If the agency cannot resolve the problems that caused disapproval
27-10 within 30 days after the date the notice of disapproval is
27-11 received, the agency shall notify the department in writing of the
27-12 reasons why the problems cannot be resolved. The notification
27-13 shall be sent to the department not later than 30 days after the
27-14 date that the agency receives notice of the department's
27-15 disapproval.>
27-16 <(e) Before a state agency may amend its final operating
27-17 plan, the agency must submit the proposed amendment to the
27-18 department for approval. All amendments affecting operations
27-19 during a fiscal year must be submitted not later than June 1 of
27-20 that fiscal year. The department shall notify the agency of the
27-21 department's approval or disapproval not later than the 30th day
27-22 after the date the proposed amendment is received. If the
27-23 department disapproves a proposed amendment, the department shall
27-24 state the reasons for the disapproval in writing to the agency's
27-25 information resources manager. The department shall adopt rules
27-26 for the procedures a state agency must follow when submitting a
27-27 revision of proposed amendments to the department after the
28-1 department has disapproved the amendments.>
28-2 <(f) The department may not approve a state agency's initial
28-3 operating plan or final operating plan unless the agency has
28-4 submitted and the department has approved a current agency
28-5 strategic plan.>
28-6 <(g) A state agency that disagrees with the department's
28-7 disapproval of an initial operating plan, final operating plan, or
28-8 an amendment to either of those plans may submit a written request
28-9 to the department for special review. On receipt of a request, the
28-10 executive director shall inform the board. The board shall
28-11 consider the merits of the agency's position and make its decision
28-12 on the matter at the next regularly scheduled board meeting. The
28-13 state agency may appear and present its position at that meeting.
28-14 The decision of the board is final. The board shall adopt rules
28-15 for the fair and efficient administration of this subsection.>
28-16 <(h)> Each state agency shall submit a copy of its biennial
28-17 <final> operating plan, as approved by the department, to the
28-18 governor, the Legislative Budget Board, and the state auditor not
28-19 later than 30 days after the date that the department approves the
28-20 plan. If an agency fails to comply with this subsection, the
28-21 governor may direct the comptroller to deny the agency access to
28-22 the agency's appropriations that relate to the management of
28-23 information resources. The denial of access may continue until the
28-24 governor is satisfied with the agency's compliance with this
28-25 subsection.
28-26 <(i) As a consequence of evaluating an initial operating
28-27 plan or a final operating plan, the department may require a state
29-1 agency to submit or obtain certain information as part of its
29-2 procurement process. This may be required when:>
29-3 <(1) an agency is planning a noncompetitive
29-4 procurement;>
29-5 <(2) an agency is planning a system conversion; or>
29-6 <(3) the department determines that the information
29-7 would be necessary or appropriate.>
29-8 SECTION 1.25. Section 19, Information Resources Management
29-9 Act (Article 4413(32j), Revised Statutes), is amended to read as
29-10 follows:
29-11 Sec. 19. Information resources managers. (a) The person
29-12 required to sign an agency's strategic plan, or that person's
29-13 designee, shall serve as the agency's information resources
29-14 manager. A member of the board of the department may not also
29-15 serve as the information resources manager of a state agency.
29-16 (b) <If the department performs substantially all
29-17 information processing for a state agency, the agency may designate
29-18 the department as the agency's information resources manager. The
29-19 department may by rule define the circumstances in which it may
29-20 serve as an agency's information resources manager.>
29-21 <(c)> Each state agency shall cooperate as necessary with
29-22 its information resources manager to enable that person to perform
29-23 the duties required of the information resources manager by law.
29-24 (c) <(d)> The department shall provide guidelines to state
29-25 agencies regarding the initial and continuing education
29-26 requirements needed for information resources managers <not later
29-27 than September 1, 1990, to be effective on September 1, 1992>. Any
30-1 person who is appointed the information resources manager of a
30-2 state agency before September 1, 1992, is exempt from the
30-3 requirements of the department regarding initial education needed
30-4 for that position. The department may provide educational
30-5 materials and seminars for state agencies and information resources
30-6 managers.
30-7 (d) <(e)> The information resources manager is responsible
30-8 for the preparation of the operating plans under Sections 16 and 17
30-9 <15-17> of this article<, and the annual performance report under
30-10 Section 20 of this article>.
30-11 SECTION 1.26. The Information Resources Management Act
30-12 (Article 4413(32j), Revised Statutes) is amended by adding Section
30-13 18A to read as follows:
30-14 Sec. 18A. INTERAGENCY CONTRACTS. (a) A state agency may
30-15 not enter into an interagency contract for the receipt of
30-16 information resources technologies, including a contract with the
30-17 department, unless the agency complies with this section.
30-18 (b) A state agency that proposes to receive information
30-19 resources technologies under a contract with another state agency
30-20 must first give public notice of a request for proposals or a
30-21 request for bids.
30-22 (c) A state agency may not enter into an interagency
30-23 contract to receive information resources technologies if the
30-24 agency receives a bid or proposal under Subsection (b) of this
30-25 section under which the agency can receive the same or
30-26 substantially the same technologies from a private vendor for less
30-27 than the cost that would be incurred by the agency under the
31-1 interagency contract. If a bid or proposal is received under
31-2 Subsection (b) of this section that would allow the agency to
31-3 accomplish the application or project at an acceptable level of
31-4 quality and for an acceptable period for a total cost to the state
31-5 of less than the total cost to the state of the best proposed
31-6 interagency contract, as that cost is determined by the department,
31-7 a contract for the accomplishment of the application or project
31-8 shall be awarded to the bidder with the lowest and best bid, or the
31-9 offeror whose proposal is most advantageous to the state as
31-10 determined from competitive sealed proposals.
31-11 (d) The department by rule may define circumstances in which
31-12 certain interagency contracts that will cost less than a minimum
31-13 amount established by the department are excepted from the
31-14 requirements of this section or this article, if the department
31-15 determines that it would be more cost effective for the state.
31-16 SECTION 1.27. Section 26, Information Resources Management
31-17 Act (Article 4413(32j), Revised Statutes), is amended to read as
31-18 follows:
31-19 Sec. 26. Application to state lottery operations. (a) The
31-20 lottery division in the office of the comptroller is not included
31-21 in the agency strategic plan<, initial operating plan,> or biennial
31-22 <final> operating plan of the comptroller. The lottery division is
31-23 not subject to the planning and procurement requirements of this
31-24 Act.
31-25 (b) The electronic funds transfer system for the operation
31-26 of the state lottery is not included in the agency strategic plan<,
31-27 initial operating plan,> or biennial <final> operating plan of the
32-1 state treasurer. Operations of the state treasurer that relate to
32-2 the state lottery are not subject to the planning and procurement
32-3 requirements of this Act.
32-4 SECTION 1.28. (a) Sections 18 and 20, Information Resources
32-5 Management Act (Article 4413(32j), Revised Statutes), are repealed.
32-6 (b) Section 3.021, State Purchasing and General Services Act
32-7 (Article 601b, Vernon's Texas Civil Statutes), is repealed.
32-8 SECTION 1.29. (a) Effective August 31, 1994, Sections 21
32-9 and 22, Information Resources Management Act (Article 4413(32j),
32-10 Revised Statutes), are repealed. On that date, all amounts in the
32-11 Department of Information Resources revolving fund account
32-12 established under Section 22, Information Resources Management Act
32-13 (Article 4413(32j), Revised Statutes), are transferred to the
32-14 undedicated portion of the general revenue fund.
32-15 (b) Before August 31, 1994, the Department of Information
32-16 Resources shall assist state agencies that use the department's
32-17 services under Section 21, Information Resources Management Act
32-18 (Article 4413(32j), Revised Statutes), to obtain suitable
32-19 alternative services.
32-20 SECTION 1.30. This part takes effect immediately.
32-21 PART 2. ABOLITION OF TEXAS SURPLUS PROPERTY AGENCY
32-22 SECTION 2.01. Subsection (c), Section 2.06, State Purchasing
32-23 and General Services Act (Article 601b, Vernon's Texas Civil
32-24 Statutes), is amended to read as follows:
32-25 (c) The executive director shall employ two associate deputy
32-26 directors, who shall administer the operation of the divisions of
32-27 the commission, except the surplus and salvage property division,
33-1 as provided by this Act. The commission shall:
33-2 (1) employ a third associate deputy director to
33-3 administer the operation of the surplus and salvage property
33-4 division as provided by this Act, and that associate deputy
33-5 director serves at the pleasure of the commission; or
33-6 (2) assign the duty to administer the surplus and
33-7 salvage property division directly to the executive director, who
33-8 shall directly administer that division subject to and under the
33-9 direction of the commission.
33-10 SECTION 2.02. Section 2.09, State Purchasing and General
33-11 Services Act (Article 601b, Vernon's Texas Civil Statutes), is
33-12 amended to read as follows:
33-13 Sec. 2.09. Divisions. (a) The commission is divided into
33-14 divisions as provided by this section. The associate deputy
33-15 director employed to administer the surplus and salvage property
33-16 division shall direct that division as provided by Subsection (c)
33-17 of this section. Another <One> associate deputy director shall
33-18 direct the travel division and other divisions as directed by the
33-19 executive director. The other associate deputy director shall
33-20 direct the remaining divisions as directed by the executive
33-21 director.
33-22 (b) Each division shall be managed by a division director
33-23 who shall report to the appropriate associate deputy director,
33-24 except as provided by Subsection (c) of this section.
33-25 (c) The surplus and salvage property division is established
33-26 to administer Article 9 of this Act. Notwithstanding Section
33-27 2.06(b) of this Act, and unless the commission assigns the duty to
34-1 administer the division directly to the executive director, the
34-2 affairs of the division are managed by the associate deputy
34-3 director of that division, whose management is subject to and under
34-4 the direction of the commission and who reports directly to the
34-5 commission. All direction of the commission to the associate
34-6 deputy director shall be made at an open meeting of the commission
34-7 and made a part of the minutes of the commission. The division may
34-8 share support functions with other divisions of the commission, but
34-9 the division shall operate autonomously from the rest of the
34-10 commission, and the administration of the division must be housed
34-11 in a different building than other commission functions. If the
34-12 commission assigns the duty to administer the division directly to
34-13 the executive director, the division must still operate
34-14 autonomously from the rest of the commission, and, except for the
34-15 executive director's office, the administrative functions of the
34-16 division must still be housed in a different building from other
34-17 commission functions.
34-18 SECTION 2.03. Subsection (a), Section 8.01, State Purchasing
34-19 and General Services Act (Article 601b, Vernon's Texas Civil
34-20 Statutes), is amended to read as follows:
34-21 (a) This article applies to:
34-22 (1) personal property belonging to the state; and
34-23 (2) real or personal property acquired by or otherwise
34-24 under the commission's jurisdiction under Section 9.16 of this Act
34-25 and 40 U.S.C. Section 483c, 484(j), or 484(k).
34-26 SECTION 2.04. Subsection (a) Section 9.01, State Purchasing
34-27 and General Services Act (Article 601b, Vernon's Texas Civil
35-1 Statutes), is amended by amending Subdivisions (3) and (4) and
35-2 adding Subdivision (8) to read as follows:
35-3 (3) "Property" means personal property. The term does
35-4 not include real property, or any interest in real property, except
35-5 federal real property acquired under Section 9.16 of this article
35-6 and Section 484(k), Federal Property and Administrative Services
35-7 Act. Personal<; however, personal> property affixed to real
35-8 property may be sold under this law if its removal and disposition
35-9 is to carry out a lawful objective under this law or any other law.
35-10 The term includes property lawfully confiscated and subject to
35-11 disposal by a state agency.
35-12 (4) "Surplus property":
35-13 (A) means:
35-14 (i) any personal property which is in
35-15 excess of the needs of any state agency and which is not required
35-16 for its foreseeable needs; or
35-17 (ii) federal surplus property acquired by
35-18 the commission or otherwise under the commission's jurisdiction
35-19 under Section 9.16 of this article and 40 U.S.C. Section 483c or
35-20 Section 484(j) or 484(k), Federal Property and Administrative
35-21 Services Act; and
35-22 (B) includes property that<. Surplus property>
35-23 may be used or new but possesses some usefulness for the purpose
35-24 for which it was intended or for some other purpose.
35-25 (8) "Federal Property and Administrative Services Act"
35-26 means the Federal Property and Administrative Services Act of 1949
35-27 (40 U.S.C. Section 484).
36-1 SECTION 2.05. Section 9.02, State Purchasing and General
36-2 Services Act (Article 601b, Vernon's Texas Civil Statutes), is
36-3 amended to read as follows:
36-4 Sec. 9.02. Establishment of Procedures. The commission
36-5 shall establish and maintain procedures for the transfer, sale, or
36-6 disposal, as prescribed by law, of:
36-7 (1) surplus and salvage property no longer needed by
36-8 state agencies; and
36-9 (2) federal surplus property that the state acquires
36-10 under the Federal Property and Administrative Services Act.
36-11 SECTION 2.06. Section 9.03, State Purchasing and General
36-12 Services Act (Article 601b, Vernon's Texas Civil Statutes), is
36-13 amended to read as follows:
36-14 Sec. 9.03. Mailing lists of assistance organizations and
36-15 political subdivisions. The commission shall maintain a mailing
36-16 list, renewable annually, of assistance organizations and political
36-17 subdivision purchasing agents or other officers performing similar
36-18 functions who have asked for information on surplus or salvage
36-19 equipment or material the state may have available. <The
36-20 commission shall provide the list to the Texas Surplus Property
36-21 Agency.>
36-22 SECTION 2.07. Subsection (a), Section 9.05, State Purchasing
36-23 and General Services Act (Article 601b, Vernon's Texas Civil
36-24 Statutes), is amended to read as follows:
36-25 (a) If surplus or salvage property of a state agency is not
36-26 disposed of under the provisions of Section 9.04 of this article,
36-27 the commission shall sell the property by competitive bid or
37-1 auction or delegate to the state agency having possession of the
37-2 property the authority to sell the property on a competitive bid
37-3 basis. The commission or agency shall collect a fee from the
37-4 purchaser. The commission shall set the fee in an amount to
37-5 recover the costs associated with the sale of the property, but the
37-6 amount may not be less than two percent nor more than 12 percent of
37-7 the proceeds from the sale of the property.
37-8 SECTION 2.08. Section 9.13, State Purchasing and General
37-9 Services Act (Article 601b, Vernon's Texas Civil Statutes), is
37-10 amended to read as follows:
37-11 Sec. 9.13. EXEMPTION. For purposes of this article the
37-12 terms "surplus" and "salvage" shall not apply to products and
37-13 by-products of research, forestry, agricultural, livestock, and
37-14 industrial enterprises <in excess of that quantity required for
37-15 consumption by the producing agency when such agencies have a
37-16 continuing and adequate system of marketing research and sales, the
37-17 efficiency of which shall be certified to the commission by the
37-18 state auditor. A qualifying agency shall furnish the commission
37-19 with a copy of the rules and regulations and latest revisions
37-20 thereof promulgated by the policy making body of each agency or
37-21 institution for the guidance and administration of the programs
37-22 enumerated herein. When requested by such agency or institution to
37-23 do so, the commission shall dispose of the property as provided for
37-24 in this article>.
37-25 SECTION 2.09. Section 9.14, State Purchasing and General
37-26 Services Act (Article 601b, Vernon's Texas Civil Statutes), is
37-27 amended to read as follows:
38-1 Sec. 9.14. Authorization of Agencies to Dispose of Property.
38-2 The commission may authorize an agency to dispose of surplus or
38-3 salvage property where the agency demonstrates to the commission
38-4 its ability to make such disposition under the rules and
38-5 regulations set up by the commission, as provided for herein.
38-6 State eleemosynary institutions and institutions and agencies of
38-7 higher learning shall be excepted from the terms of this article
38-8 that relate to the disposition of their surplus or salvage
38-9 property.
38-10 SECTION 2.10. Article 9, State Purchasing and General
38-11 Services Act (Article 601b, Vernon's Texas Civil Statutes), is
38-12 amended by adding Sections 9.16 and 9.17 to read as follows:
38-13 Sec. 9.16. FEDERAL SURPLUS PROPERTY. (a) The commission is
38-14 the designated state agency under Section 484(j) of the Federal
38-15 Property and Administrative Services Act.
38-16 (b) The commission may:
38-17 (1) acquire and warehouse federal property allocated
38-18 to the commission under the Federal Property and Administrative
38-19 Services Act; and
38-20 (2) distribute the property:
38-21 (A) to an entity or institution that meets the
38-22 qualifications for eligibility for the property under the Federal
38-23 Property and Administrative Services Act; and
38-24 (B) without complying with the provisions of
38-25 this article that relate to the disposition of surplus state agency
38-26 property.
38-27 (c) The commission may:
39-1 (1) disseminate information and assist a potential
39-2 applicant regarding the availability of federal surplus real
39-3 property;
39-4 (2) assist in the processing of an application for
39-5 acquisition of federal real property and related personal property
39-6 under Section 484(k) of the Federal Property and Administrative
39-7 Services Act;
39-8 (3) assist in assuring use of the property; and
39-9 (4) engage in an activity relating to the use of
39-10 federal surplus property by another state agency, institution, or
39-11 organization engaging in or receiving assistance under a federal
39-12 program.
39-13 (d) The commission shall:
39-14 (1) file a state plan of operation that complies with
39-15 federal law and operate in accordance with the plan;
39-16 (2) take necessary action to meet the minimum
39-17 standards for a state agency in accordance with the Federal
39-18 Property and Administrative Services Act; and
39-19 (3) cooperate to the fullest extent consistent with
39-20 this section.
39-21 (e) The commission may:
39-22 (1) make the necessary certifications and undertake
39-23 necessary action, including an investigation;
39-24 (2) make expenditures or reports that may be required
39-25 by federal law or regulation or that are otherwise necessary to
39-26 provide for the proper and efficient management of the commission's
39-27 functions under this section;
40-1 (3) provide information and reports relating to the
40-2 commission's activities under this section that may be required by
40-3 a federal agency or department; and
40-4 (4) adopt rules necessary for the efficient operation
40-5 of its activities under this section or as may be required by
40-6 federal law or regulation.
40-7 (f) The commission may enter into an agreement, including:
40-8 (1) a cooperative agreement with a federal agency
40-9 under Section 484(n) of the Federal Property and Administrative
40-10 Services Act;
40-11 (2) an agreement with a state agency for surplus
40-12 property of a state agency that will promote the administration of
40-13 the commission's functions under this section; or
40-14 (3) an agreement with a group or association of state
40-15 agencies for surplus property that will promote the administration
40-16 of the commission's functions under this section.
40-17 (g) The commission may act as an information clearinghouse
40-18 for an entity or institution that may be eligible to acquire
40-19 federal surplus property and may assist, as necessary, the entity
40-20 or institution to obtain federal surplus property.
40-21 (h) The commission may:
40-22 (1) acquire and hold title or make capital
40-23 improvements to real property in accordance with Subsection (i) of
40-24 this section; or
40-25 (2) make an advance payment of rent for a distribution
40-26 center, office space, or another facility that is required to carry
40-27 out the commission's functions under this section.
41-1 (i) The commission may collect a service charge for the
41-2 commission's acquisition, warehousing, distribution, or transfer of
41-3 property. The commission may not collect a charge for real
41-4 property in an amount that is greater than the reasonable
41-5 administrative cost the commission incurs in transferring the
41-6 property.
41-7 (j) A charge collected under Subsection (i) of this section
41-8 shall be deposited in the state treasury to the credit of the
41-9 surplus property service charge fund, and income earned on money
41-10 in the surplus property service charge fund shall be credited to
41-11 that fund. Money in the fund may be used only to carry out the
41-12 functions of the commission under this section.
41-13 (k) The commission may appoint advisory boards and
41-14 committees necessary and suitable to administer this section.
41-15 (l) The commission may employ, compensate, and prescribe the
41-16 duties of personnel, other than members of advisory boards and
41-17 committees, necessary and suitable to administer this section. A
41-18 personnel position may only be filled by an individual selected and
41-19 appointed on a nonpartisan merit basis.
41-20 Sec. 9.17. ADMINISTRATIVE COST RECOVERY STUDY. The
41-21 commission shall conduct a study to determine if its functions
41-22 under this article can be made self-supporting by charging fees for
41-23 commission services. If the commission determines that a function
41-24 can be made self-supporting through charging fees, the commission
41-25 shall prepare a fee implementation plan. Before January 1, 1995,
41-26 the commission shall report to each member of the legislature the
41-27 results of the study and the implementation plan for fee recovery,
42-1 if any. This section expires January 1, 1995.
42-2 SECTION 2.11. Subsection (a), Section 403.271, Government
42-3 Code, is amended to read as follows:
42-4 (a) This subchapter applies to:
42-5 (1) all personal property belonging to the state; and
42-6 (2) real and personal property acquired by or
42-7 otherwise under the jurisdiction of the state under 40 U.S.C.
42-8 Section 483c, 484(j), or 484(k), and Section 9.16, State Purchasing
42-9 and General Services Act (Article 601b, Vernon's Texas Civil
42-10 Statutes).
42-11 SECTION 2.12. (a) The General Services Commission and the
42-12 Texas Surplus Property Agency shall coordinate the transfer of all
42-13 Texas Surplus Property Agency functions to the General Services
42-14 Commission as required by this part. The administrative functions
42-15 of the Texas Surplus Property Agency are transferred to the General
42-16 Services Commission to be carried out by staff located in Austin,
42-17 in accordance with the State Purchasing and General Services Act
42-18 (Article 601b, Vernon's Texas Civil Statutes), as amended by this
42-19 Act.
42-20 (b) The transfer of all functions from the Texas Surplus
42-21 Property Agency to the General Services Commission shall be
42-22 accomplished as soon as practicable, but not later than the 45th
42-23 day after the effective date of this part, at which time the Texas
42-24 Surplus Property Agency is abolished.
42-25 (c) The transfer required by this part includes the transfer
42-26 of all assets, duties, powers, obligations, and liabilities,
42-27 including contracts, leases, real or personal property, funds,
43-1 employees, furniture, computers and other equipment, and files and
43-2 related materials used by the Texas Surplus Property Agency.
43-3 (d) A form, rule, or procedure adopted by the Texas Surplus
43-4 Property Agency that is in effect on the effective date of this
43-5 part remains in effect on and after that date as if adopted by the
43-6 General Services Commission until amended, repealed, withdrawn, or
43-7 otherwise superseded by the commission.
43-8 (e) All unexpended appropriations made to the Texas Surplus
43-9 Property Agency are transferred to the General Services Commission.
43-10 (f) Notwithstanding Subsections (b) and (e) of this section
43-11 and Section 2.13 of this Act:
43-12 (1) to the extent that changes in law made by this Act
43-13 are changes that must be approved by the federal government under
43-14 federal law relating to surplus property as a condition of this
43-15 state's full participation in the federal surplus property program,
43-16 the appropriate prior law is continued in effect until the
43-17 necessary approval is received; and
43-18 (2) if the abolition of the Texas Surplus Property
43-19 Agency and the transfer of its functions under this Act must be
43-20 approved by the federal government under federal law relating to
43-21 surplus property as a condition of this state's full participation
43-22 in the federal surplus property program, the Texas Surplus Property
43-23 Agency and the law under which it performs its functions are
43-24 continued in effect until the necessary approval is received.
43-25 SECTION 2.13. The following laws are repealed:
43-26 (1) Chapter 32, Acts of the 62nd Legislature, Regular
43-27 Session, 1971 (Article 6252-6b, Vernon's Texas Civil Statutes); and
44-1 (2) Subsections (d), (e), and (g), Section 9.04, State
44-2 Purchasing and General Services Act (Article 601b, Vernon's Texas
44-3 Civil Statutes).
44-4 SECTION 2.14. This part takes effect September 1, 1993,
44-5 except that:
44-6 (1) the amendment to Subsection (a), Section 403.271,
44-7 Government Code, takes effect when Subchapter L, Chapter 403,
44-8 Government Code, as added by Section 2.30, Chapter 8, Acts of the
44-9 72nd Legislature, 2nd Called Session, 1991, takes effect; and
44-10 (2) the amendment to Subsection (a), Section 8.01,
44-11 State Purchasing and General Services Act (Article 601b, Vernon's
44-12 Texas Civil Statutes), does not take effect if on or before
44-13 September 1, 1993, Article 8, State Purchasing and General Services
44-14 Act (Article 601b, Vernon's Texas Civil Statutes), is repealed on
44-15 certification by the comptroller of the implementation of the fixed
44-16 asset component of the uniform statewide accounting system, in
44-17 accordance with Subsection (d), Section 6.01, Chapter 8, Acts of
44-18 the 72nd Legislature, 2nd Called Session, 1991.
44-19 PART 3. TRAVEL
44-20 SECTION 3.01. Section 14.01, State Purchasing and General
44-21 Services Act (Article 601b, Vernon's Texas Civil Statutes), is
44-22 amended to read as follows:
44-23 Sec. 14.01. Division. The travel division of the commission
44-24 is composed of the central travel office and the office of vehicle
44-25 fleet maintenance. The commission shall adopt rules to implement
44-26 this article, including rules related to:
44-27 (1) the structure of travel agency contracts that the
45-1 commission makes;
45-2 (2) the procedures the commission uses in requesting
45-3 and evaluating bids or proposals for travel agency contracts from
45-4 providers; <and>
45-5 (3) the use of negotiated contract rates for travel
45-6 services by state agencies; and
45-7 (4) exemptions from the prohibition prescribed by
45-8 Section 14.02(d) of this article.
45-9 SECTION 3.02. Subsections (b) and (c), Section 14.02, State
45-10 Purchasing and General Services Act (Article 601b, Vernon's Texas
45-11 Civil Statutes), are amended to read as follows:
45-12 (b) The central travel office shall initially provide
45-13 services to designated agencies located in Travis County and shall
45-14 extend its services to all state agencies as it develops the
45-15 capability to do so. The office may negotiate contracts with
45-16 private travel agents, with travel and transportation providers,
45-17 and with credit card companies that provide travel services and
45-18 other benefits to the state. The commission shall make contracts
45-19 with more than one provider of travel agency services. Contracts
45-20 entered into under this section are not subject to the competitive
45-21 bidding requirements imposed under Article 3 of this Act. The
45-22 comptroller of public accounts shall audit travel vouchers in
45-23 accordance with Chapter 403, Government Code, and its subsequent
45-24 amendments, for compliance with <of> rules adopted to enforce the
45-25 provisions of this section.
45-26 (c) State agencies in the executive branch of state
45-27 government shall participate in accordance with commission rules in
46-1 the commission's contracts for travel services. Institutions<,
46-2 provided that institutions> of higher education as defined by
46-3 Section 61.003, Education Code, shall not be required to
46-4 participate in the commission's contracts for travel agency
46-5 services or other travel services purchased from funds other than
46-6 general revenue funds or educational and general funds as defined
46-7 by Section 51.009, Education Code. The commission may provide by
46-8 rule for exemptions from required participation. Agencies of the
46-9 state that are not required to participate in commission contracts
46-10 for travel services may participate as provided by Subsection (a)
46-11 of this section.
46-12 SECTION 3.03. Section 14.02, State Purchasing and General
46-13 Services Act (Article 601b, Vernon's Texas Civil Statutes), is
46-14 amended by adding Subsections (d) and (e) to read as follows:
46-15 (d) This subsection applies only to a state agency in the
46-16 executive branch of state government that is required to
46-17 participate in the commission's contracts for travel services.
46-18 Except as provided by commission rule, a state agency may not:
46-19 (1) purchase commercial airline or rental car
46-20 transportation if the amount of the purchase exceeds the amount of
46-21 the central travel office's contracted fares or rates; or
46-22 (2) reimburse a person for the purchase of commercial
46-23 airline or rental car transportation for the amount that exceeds
46-24 the amount of the central travel office's contracted fares or
46-25 rates.
46-26 (e) The commission shall educate state agencies about
46-27 Subsection (d) of this section. The comptroller shall audit travel
47-1 vouchers in accordance with Chapter 403, Government Code, and its
47-2 subsequent amendments, for compliance with Subsection (d) of this
47-3 section. To facilitate the audit of the travel vouchers, the
47-4 commission shall consult with the comptroller before the commission
47-5 adopts rules or procedures under Subsection (d) of this section.
47-6 SECTION 3.04. This part takes effect September 1, 1993,
47-7 except that Sections 3.01 and 3.03 of this part take effect January
47-8 1, 1994.
47-9 PART 4. MAIL
47-10 SECTION 4.01. Article 11, State Purchasing and General
47-11 Services Act (Article 601b, Vernon's Texas Civil Statutes), is
47-12 amended by adding Section 11.021 to read as follows:
47-13 Sec. 11.021. OUTGOING FIRST-CLASS MAIL. (a) This section
47-14 applies only to outgoing first-class mail practices of state
47-15 agencies located in Travis County.
47-16 (b) The commission shall evaluate the outgoing first-class
47-17 mail practices of state agencies located in Travis County,
47-18 including the lists, systems, and formats used to create mail. The
47-19 commission shall adopt rules for the state agencies to implement
47-20 this section.
47-21 (c) The commission shall achieve the maximum available
47-22 discount on postal rates in all cases in which acceptable levels of
47-23 timeliness, security, and quality of service can be maintained
47-24 notwithstanding the discounted rate.
47-25 (d) A state agency to which this section applies shall
47-26 consult with the commission before the agency may:
47-27 (1) purchase, upgrade, or sell mail processing
48-1 equipment;
48-2 (2) contract with a private entity for mail
48-3 processing; or
48-4 (3) take actions that significantly affect the
48-5 agency's first-class mail practices.
48-6 (e) The commission by interagency contract shall establish a
48-7 fee-for-service structure to charge and collect fees from each
48-8 state agency to which this section applies for the commission's
48-9 services under this section. The total amount charged a state
48-10 agency under this section shall not exceed the amount of the
48-11 agency's appropriated funds for outgoing first-class mail, as
48-12 determined by the Legislative Budget Board, minus the agency's
48-13 fixed costs for these services. The commission shall transfer to
48-14 the general revenue fund the amount of a fee charged a state agency
48-15 under this subsection that is greater than the amount of the
48-16 commission's actual expenses for performing services for the
48-17 agency.
48-18 (f) The commission shall adopt and distribute to each state
48-19 agency to which this section applies guidelines by which state
48-20 outgoing first-class mail practices may be measured and analyzed,
48-21 using, to the extent possible, the services of the United States
48-22 Postal Service. The commission shall review and update these
48-23 guidelines not less often than once every two years after the date
48-24 of the adoption of the guidelines. Not later than the 90th day
48-25 after the date of the distribution of the initial guidelines and
48-26 not less often than annually after the date of that distribution,
48-27 the commission shall provide training to state agency personnel who
49-1 handle first-class mail. The commission, to the extent possible,
49-2 may use the free training provided by the United States Postal
49-3 Service.
49-4 (g) If the commission determines that the upgrade of
49-5 existing mail production or processing equipment or the purchase of
49-6 new mail production or processing equipment is required to improve
49-7 the outgoing first-class mail practices of the commission or other
49-8 state agencies located in Travis County, the commission shall
49-9 prepare a cost-benefit analysis demonstrating that the upgrade or
49-10 purchase is more cost-effective than contracting with a private
49-11 entity to provide that equipment or mail service. The commission
49-12 shall approve the most cost-effective method.
49-13 (h) A cost-benefit analysis prepared under this section and
49-14 a request for bids or a request for proposals prepared to implement
49-15 a course of action under this section shall be sent to the state
49-16 auditor for review and comment as soon as practicable after
49-17 preparation. The state auditor's office shall perform its review
49-18 and offer its comments not later than the 14th working day after
49-19 the day it receives the analysis or the request for bids or
49-20 proposals.
49-21 (i) Not later than February 1, 1995, the commission shall
49-22 report to the legislature all significant changes in first-class
49-23 mail practices under this section. The report shall include a
49-24 discussion of funds transferred to the general revenue fund under
49-25 Subsection (e) of this section. This subsection expires June 1,
49-26 1995.
49-27 SECTION 4.02. This part takes effect immediately.
50-1 PART 5. EMERGENCY
50-2 SECTION 5.01. The importance of this legislation and the
50-3 crowded condition of the calendars in both houses create an
50-4 emergency and an imperative public necessity that the
50-5 constitutional rule requiring bills to be read on three several
50-6 days in each house be suspended, and this rule is hereby suspended,
50-7 and that this Act take effect and be in force according to its
50-8 terms, and it is so enacted.