73R10908 E
By Haley S.B. No. 381
Substitute the following for S.B. No. 381:
By Eckels C.S.S.B. No. 381
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the acquisition or provision of goods, services, and
1-3 records by the state.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 PART 1. GENERAL STATE ACQUISITION PROCESS
1-6 SECTION 1.01. Section 2, Texas Public Finance Authority Act
1-7 (Article 601d, Vernon's Texas Civil Statutes), is amended to read
1-8 as follows:
1-9 Sec. 2. PURPOSE. The purpose of this Act is to provide a
1-10 method of financing:
1-11 (1) for the acquisition or construction of buildings
1-12 in Travis County, Texas; and
1-13 (2) for the purchase or lease of equipment by state
1-14 agencies in the executive or judicial branch of state government.
1-15 SECTION 1.02. Section 9A(a), Texas Public Finance Authority
1-16 Act (Article 601d, Vernon's Texas Civil Statutes), is amended to
1-17 read as follows:
1-18 (a) The authority may issue and sell obligations for the
1-19 financing of a lease or other agreement so long as the agreement
1-20 concerns equipment that a state agency in the executive or judicial
1-21 branch of state government has purchased or leased or intends to
1-22 purchase or lease. The authority's power to issue obligations
1-23 includes the power to issue and sell obligations for the financing
1-24 of a package of agreements involving one or more state agencies.
2-1 SECTION 1.03. Section 1(3), Chapter 454, Acts of the 65th
2-2 Legislature, Regular Session, 1977 (Article 6252-11c, Vernon's
2-3 Texas Civil Statutes), is amended to read as follows:
2-4 (3) "State agency" has the meaning assigned by Section
2-5 1.02, State Purchasing and General Services Act (Article 601b,
2-6 Vernon's Texas Civil Statutes) <means a state department,
2-7 commission, board, office, institution, facility, or other agency
2-8 the jurisdiction of which is not limited to a geographical portion
2-9 of the state. The term includes a university system and an
2-10 institution of higher education as defined in Section 61.003,
2-11 Education Code. The term does not include a public junior
2-12 college>.
2-13 SECTION 1.04. Subchapter C, Chapter 403, Government Code, is
2-14 amended by adding Section 403.039 to read as follows:
2-15 Sec. 403.039. TEXAS IDENTIFICATION NUMBER SYSTEM. (a) The
2-16 comptroller shall assign a Texas Identification Number, based on
2-17 the comptroller's taxpayer identification number system, to each
2-18 person, other than a state employee, who supplies property or
2-19 services to the state for compensation or reimbursement.
2-20 (b) The Texas Identification Number system shall be used by
2-21 each state agency as the primary identification system for persons,
2-22 other than state employees, who supply property or services to the
2-23 agency for compensation or reimbursement. The agency may assign
2-24 secondary numbers if the secondary numbering system does not
2-25 unnecessarily create duplication of data bases, efforts, or costs.
2-26 (c) All state agencies shall cooperate with the comptroller
2-27 to convert existing relevant identification systems to the Texas
3-1 Identification Number system. The comptroller may adopt rules
3-2 governing the conversion to and the administration of the Texas
3-3 Identification Number system, including rules on the procedure for
3-4 applying for a number under the system.
3-5 (d) In this section, "state agency" means any department,
3-6 commission, board, office, or other agency in the executive,
3-7 legislative, or judicial branch of state government, including an
3-8 institution of higher education.
3-9 SECTION 1.05. The comptroller shall begin implementation of
3-10 the Texas Identification Number system, as added by Section 1.04 of
3-11 this part, as soon as practicable. A state agency may phase in its
3-12 use of the system but shall fully implement the system not later
3-13 than September 1, 1998.
3-14 SECTION 1.06. Section 1.02(3), State Purchasing and General
3-15 Services Act (Article 601b, Vernon's Texas Civil Statutes), is
3-16 amended to read as follows:
3-17 (3) "Historically underutilized <Disadvantaged>
3-18 business" means:
3-19 (A) a corporation formed for the purpose of
3-20 making a profit in which at least 51 percent of all classes of the
3-21 shares of stock or other equitable securities are owned by one or
3-22 more persons who are socially disadvantaged because of their
3-23 identification as members of certain groups, including black
3-24 Americans, Hispanic Americans, women, Asian Pacific Americans, and
3-25 Native Americans, who have suffered the effects of discriminatory
3-26 practices or similar insidious circumstances over which they have
3-27 no control;
4-1 (B) a sole proprietorship created for the
4-2 purpose of making a profit that is 100 percent owned, operated, and
4-3 controlled by a person described by Paragraph (A) of this
4-4 subdivision;
4-5 (C) a partnership formed for the purpose of
4-6 making a profit in which at least 51 percent of the assets and
4-7 interest in the partnership is owned by one or more persons
4-8 described by Paragraph (A) of this subdivision. Those persons
4-9 must have a proportionate interest in the control, operation, and
4-10 management of the partnership affairs;
4-11 (D) a joint venture in which each entity in the
4-12 joint venture is a historically underutilized <disadvantaged>
4-13 business under this subdivision; or
4-14 (E) a supplier contract between a historically
4-15 underutilized <disadvantaged> business under this subdivision and a
4-16 prime contractor under which the historically underutilized
4-17 <disadvantaged> business is directly involved in the manufacture or
4-18 distribution of the supplies or materials or otherwise warehouses
4-19 and ships the supplies.
4-20 SECTION 1.07. Section 1.03, State Purchasing and General
4-21 Services Act (Article 601b, Vernon's Texas Civil Statutes), is
4-22 amended to read as follows:
4-23 Sec. 1.03. Historically underutilized <Disadvantaged>
4-24 businesses. (a) The commission <Office of Small Business
4-25 Assistance of the Texas Department of Commerce> shall certify
4-26 businesses that are historically underutilized <disadvantaged>
4-27 businesses. As part of its certification procedures, the
5-1 commission <office> may approve a municipal program that certifies
5-2 historically underutilized <disadvantaged> businesses under
5-3 substantially the same definition prescribed by Section 1.02(3) of
5-4 this Act and may certify businesses certified by the municipality
5-5 as historically underutilized <disadvantaged> businesses under this
5-6 Act.
5-7 (b) The commission <office> shall compile a directory of
5-8 businesses certified as historically underutilized <disadvantaged>
5-9 businesses under Subsection (a) of this section. The commission
5-10 <office> shall update the directory at least semiannually and
5-11 provide a copy of the directory to <the commission and> each state
5-12 agency semiannually. The commission shall provide access to the
5-13 directory either electronically or in another format, depending on
5-14 the needs of each state agency. On request, the commission shall
5-15 make the directory available to local governments and the public.
5-16 The commission and state agencies shall use the directory in
5-17 determining awards of state purchasing and public works contracts.
5-18 (c) The commission shall annually prepare a report based on
5-19 a compilation and analysis of <commission and each state agency
5-20 shall report to the office> the total number and dollar amount of
5-21 contracts awarded to historically underutilized <disadvantaged>
5-22 businesses. The commission shall submit the report <These reports
5-23 shall be made each January and July and shall report on the
5-24 previous six-month period. The office shall compile and analyze
5-25 the reports and submit a report based on the analysis> to the
5-26 presiding officer of each house of the legislature each February.
5-27 The commission may require information from a state agency and may
6-1 adopt rules to administer this subsection. The comptroller shall
6-2 provide information to the commission that will assist the
6-3 commission in the performance of its duties under this subsection.
6-4 (d) The commission shall offer assistance and training to
6-5 historically underutilized <disadvantaged> businesses regarding
6-6 state procurement procedures. The commission shall advise
6-7 historically underutilized <disadvantaged> businesses of the
6-8 availability of state contracts and advise historically
6-9 underutilized <disadvantaged> businesses to enter the businesses'
6-10 names on the state's bid list.
6-11 (e) The commission and each state agency shall prepare as
6-12 part of its strategic plan under Article 6252-31, Revised Statutes,
6-13 as added by Chapter 384, Acts of the 72nd Legislature, Regular
6-14 Session, 1991, a written plan for increasing the commission's or
6-15 the agency's use of historically underutilized businesses in
6-16 purchasing and in public works contracting. On request, the
6-17 commission shall provide technical assistance to an agency that is
6-18 preparing its plan under this subsection. The plan must include:
6-19 (1) a policy or mission statement relating to
6-20 increasing use of historically underutilized businesses by the
6-21 commission or agency;
6-22 (2) goals to be met by the commission or agency in
6-23 carrying out the policy or mission; and
6-24 (3) specific programs to be conducted by the
6-25 commission or agency to meet the goals stated in the plan,
6-26 including a specific program to encourage contractors to use
6-27 historically underutilized businesses as partners and
7-1 subcontractors.
7-2 (f) The commission and each state agency shall prepare an
7-3 annual report for each fiscal year documenting progress under its
7-4 plan for increasing use of historically underutilized businesses.
7-5 The commission or agency shall file the report with the governor,
7-6 lieutenant governor, and speaker of the house of representatives
7-7 not later than December 31 of each year.
7-8 (g) In cooperation with the state auditor, the commission
7-9 shall develop a standard form for reports prepared under Subsection
7-10 (f) of this section.
7-11 (h) The commission shall assist the Texas Department of
7-12 Commerce in the performance of the department's duties under
7-13 Section 481.103, Government Code, and its subsequent amendments.
7-14 (i) The commission shall encourage the use of historically
7-15 underutilized businesses by state agencies by:
7-16 (1) working with state agencies to establish a
7-17 statewide policy for increasing use of historically underutilized
7-18 businesses;
7-19 (2) assisting state agencies in seeking historically
7-20 underutilized businesses capable of supplying materials and
7-21 services that the agencies require;
7-22 (3) assisting state agencies in identifying and
7-23 advising historically underutilized businesses on the types of
7-24 goods and services needed by the agencies; and
7-25 (4) assisting state agencies in increasing the volume
7-26 of business placed with historically underutilized businesses.
7-27 SECTION 1.08. Section 1.04(a), State Purchasing and General
8-1 Services Act (Article 601b, Vernon's Texas Civil Statutes), is
8-2 amended to read as follows:
8-3 (a) A person commits an offense if the person intentionally
8-4 applies as a historically underutilized <disadvantaged> business
8-5 for an award of a purchasing contract or public works contract
8-6 under this Act and the person knowingly does not meet the
8-7 definition of a historically underutilized <disadvantaged> business
8-8 under Section 1.02(3) of this Act.
8-9 SECTION 1.09. Article 3, State Purchasing and General
8-10 Services Act (Article 601b, Vernon's Texas Civil Statutes), is
8-11 amended by adding Section 3.0221 to read as follows:
8-12 Sec. 3.0221. COMPETITIVE SEALED PROPOSALS; ACQUISITION OF
8-13 CERTAIN SUPPLIES, MATERIALS, EQUIPMENT, AND ROUTINE SERVICES. (a)
8-14 The commission may follow a procedure using competitive sealed
8-15 proposals to acquire:
8-16 (1) supplies, materials, or equipment if the cost of
8-17 acquisition is $1 million or more;
8-18 (2) routine services if the cost of acquisition is
8-19 $100,000 or more;
8-20 (3) prototype medical equipment not yet commonly
8-21 available on the market, without regard to its cost;
8-22 (4) medical equipment so new to the market that its
8-23 benefits are not fully known, without regard to its cost; or
8-24 (5) major medical equipment, without regard to its
8-25 cost, that is so technically complex or that has variable
8-26 operations to such a degree that acquisition under competitive
8-27 bidding is not feasible.
9-1 (b) Except as provided by Subsections (l) and (o) of this
9-2 section:
9-3 (1) only the commission may acquire goods or services
9-4 using competitive sealed proposals under this section; and
9-5 (2) the commission may not delegate authority under
9-6 this section to a state agency.
9-7 (c) To acquire goods or services using competitive sealed
9-8 proposals under this section, the commission must first determine
9-9 in an open meeting that competitive sealed bidding or informal
9-10 competitive bidding is not practical or is disadvantageous to the
9-11 state.
9-12 (d) The commission shall solicit proposals by a request for
9-13 proposals. The commission shall give public notice of a request
9-14 for proposals in the manner provided for requests for bids under
9-15 Section 3.12 of this article.
9-16 (e) The commission shall consult with appropriate personnel
9-17 of a requisitioning agency to develop specifications for a request
9-18 for competitive sealed proposals under this section.
9-19 (f) The commission shall open each proposal in a manner that
9-20 does not disclose the contents of the proposal during the process
9-21 of negotiating with competing offerors. The commission shall file
9-22 each proposal in a register of proposals, which shall be open for
9-23 public inspection after a contract is awarded unless the register
9-24 contains information that is excepted from disclosure as an open
9-25 record under Section 3, Chapter 424, Acts of the 63rd Legislature,
9-26 Regular Session, 1973 (Article 6252-17a, Vernon's Texas Civil
9-27 Statutes), and its subsequent amendments.
10-1 (g) As provided in a request for proposals and under rules
10-2 adopted by the commission, the commission may discuss acceptable or
10-3 potentially acceptable proposals with offerors to assess an
10-4 offeror's ability to meet the solicitation requirements. After the
10-5 submission of a proposal but before making an award, the commission
10-6 may permit the offeror to revise the proposal in order to obtain
10-7 the best final offer. The commission may not disclose any
10-8 information derived from proposals submitted from competing
10-9 offerors in conducting discussions under this subsection. The
10-10 commission shall provide each offeror with an equal opportunity for
10-11 discussion and revision of proposals.
10-12 (h) The commission shall invite a requisitioning agency to
10-13 participate in discussions conducted under Subsection (g) of this
10-14 section.
10-15 (i) The commission shall make a written award of a contract
10-16 to the offeror whose proposal is the most advantageous to the
10-17 state, considering price and the evaluation factors in the request
10-18 for proposals, except that if the commission finds that none of the
10-19 offers is acceptable, it shall refuse all offers. The contract
10-20 file must state in writing the basis on which the award is made.
10-21 (j) The commission may adopt rules and request assistance
10-22 from other state agencies to perform its responsibilities under
10-23 this section.
10-24 (k) This section does not affect Section 3.022 of this
10-25 article regarding the use of competitive sealed proposals for
10-26 acquiring goods or services related to telecommunications or
10-27 automated information technology.
11-1 (l) The commission may delegate to an institution or other
11-2 agency of higher education the authority to acquire under this
11-3 section through the use of a competitive sealed proposal procedure
11-4 the items described by Subsection (a) of this section.
11-5 (m) An institution or other agency of higher education to
11-6 which the commission delegates authority under Subsection (l) of
11-7 this section shall:
11-8 (1) follow commission rules and the procedures
11-9 provided by this section regarding the use of competitive sealed
11-10 proposals;
11-11 (2) before soliciting a request for proposals under
11-12 this section, submit to the commission a written finding that
11-13 competitive sealed bidding or informal competitive bidding is not
11-14 practical or is disadvantageous to the state for the proposed
11-15 acquisition;
11-16 (3) before awarding a contract under this section,
11-17 submit to the commission written notice and a copy of the proposed
11-18 award; and
11-19 (4) consult with a commission representative in
11-20 developing specifications for a request for competitive sealed
11-21 proposals under this section and in evaluating received proposals.
11-22 (n) The commission may:
11-23 (1) revoke a delegation under Subsection (l) of this
11-24 section; or
11-25 (2) prohibit a particular acquisition or award by an
11-26 institution or other agency of higher education under this section.
11-27 (o) Subsection (b)(1) of this section does not apply to an
12-1 acquisition of supplies, materials, equipment, or services that is
12-2 not subject to the requirement that it be made by the commission
12-3 under Section 3.01 of this article.
12-4 (p) In this section, "institution or other agency of higher
12-5 education" means an institution of higher education or other agency
12-6 of higher education as those terms are defined by Section 61.003,
12-7 Education Code, and its subsequent amendments.
12-8 SECTION 1.10. Section 3.101, State Purchasing and General
12-9 Services Act (Article 601b, Vernon's Texas Civil Statutes), is
12-10 amended to read as follows:
12-11 Sec. 3.101. Centralized Master Bidders List <lists>.
12-12 (a) This section:
12-13 (1) applies to all purchases or other acquisitions
12-14 under this article, including the acquisition of services, for
12-15 which competitive bidding or competitive sealed proposals are
12-16 required;
12-17 (2) applies to each <all> state agency <agencies> that
12-18 makes <make> purchases or other acquisitions under this article,
12-19 including the commission and agencies that make purchases or other
12-20 acquisitions under Section 3.06 of this article; and
12-21 (3) does not apply to purchases or other acquisitions
12-22 made by the commission under Section 3.11 of this article.
12-23 (b) The commission shall develop a uniform registration form
12-24 for application to do business with the commission or with any
12-25 state agency. The commission and each state agency shall make the
12-26 form available to applicants. The form shall include an
12-27 application for:
13-1 (1) certification as a historically underutilized
13-2 business;
13-3 (2) a payee identification number for use by the
13-4 comptroller; and
13-5 (3) placement on the commission's master bidders list.
13-6 (c) A state agency shall submit to the commission each
13-7 uniform registration form that it receives. The commission shall
13-8 send to the comptroller a copy of each uniform registration form.
13-9 (d) The commission <The registration forms shall constitute
13-10 a valid application for a bidders list by all state agencies.
13-11 Nothing in this subsection shall be construed as preventing any
13-12 state agency from developing and using its own registration form,
13-13 but such forms shall not be required in addition to or in lieu of
13-14 the uniform registration form developed by the commission.>
13-15 <(c) Each state agency> shall maintain a master bidders list
13-16 and annually register on the list the name and address of each
13-17 vendor that applies for registration in accordance with rules
13-18 adopted under this section. The commission <An agency> may include
13-19 other relevant vendor information on the list. Each state agency
13-20 shall solicit bids or proposals from all eligible vendors on the
13-21 list that serve the agency's geographic region, as provided by this
13-22 section, when the agency proposes to make a purchase or other
13-23 acquisition that will cost more than $15,000 <$5,000>. The
13-24 commission shall maintain the master bidders list in a manner that
13-25 facilitates a state agency's solicitation of vendors that serve the
13-26 agency's geographic area.
13-27 (e) The commission shall make the master bidders list
14-1 available to each state agency that makes purchases or other
14-2 acquisitions to which this section applies. The commission shall
14-3 provide access to the list either electronically or in another
14-4 format, depending on the needs of each state agency.
14-5 (f) The commission <(d) A state agency> may charge
14-6 applicants for registration a fee and may charge registrants an
14-7 annual renewal fee in an amount designed to recover the
14-8 commission's <agency's> costs in developing and maintaining the
14-9 master <its> bidders list and in soliciting bids or proposals under
14-10 this section. The commission <An agency> shall set the amount of
14-11 the fees by rule.
14-12 (g) The commission <(e) Each state agency> shall adopt
14-13 procedures for developing and maintaining the master <its> bidders
14-14 list and procedures for removing inactive vendors from the list.
14-15 (h) The commission <(f) Each state agency> shall establish
14-16 by rule a vendor classification process under which only vendors
14-17 that may be able to make a bid or proposal on a particular purchase
14-18 or other acquisition are solicited under this section.
14-19 (i) A state agency may maintain and use its own bidders list
14-20 only if the commission determines by rule that the agency has
14-21 specialized needs that can best be met through maintaining and
14-22 using its own specialized bidders list. The commission by rule may
14-23 prescribe the categories of purchases or other acquisitions for
14-24 which an agency's specialized bidders list may be used.
14-25 (j) <(g)> The commission may establish by rule a process
14-26 under which the requirement for soliciting bids or proposals from
14-27 eligible vendors on a <the> bidders list may be waived for
15-1 appropriate state agencies or appropriate purchases or other
15-2 acquisitions in circumstances in which the requirement is not
15-3 warranted. The commission also may assist state agencies regarding
15-4 issues that arise under this section.
15-5 SECTION 1.11. Article 3, State Purchasing and General
15-6 Services Act (Article 601b, Vernon's Texas Civil Statutes), is
15-7 amended by adding Section 3.081 to read as follows:
15-8 Sec. 3.081. CATALOGUE PURCHASE PROCEDURE. (a) A vendor who
15-9 wants to sell or lease automated information systems under this
15-10 section to state agencies covered by the Information Resources
15-11 Management Act (Article 4413(32j), Revised Statutes) shall apply to
15-12 the commission for designation as a "qualified information systems
15-13 vendor" according to an application process promulgated by the
15-14 commission. At a minimum, the application process shall include
15-15 submission of the following elements:
15-16 (1) a catalogue containing all products and services
15-17 eligible for purchase by state agencies, including descriptions of
15-18 each product or service, the list price of each product or service,
15-19 and the price to Texas state agencies of each product or service;
15-20 (2) a maintenance, repair, and support plan for all
15-21 eligible products and services;
15-22 (3) proof of the applicant's financial resources and
15-23 ability to perform; and
15-24 (4) a guarantee that the vendor will make available
15-25 equivalent replacement parts for products sold to Texas for at
15-26 least three years from the date of a product's discontinuation.
15-27 (b) Within 90 days after the effective date of the law
16-1 enacting this section the commission shall establish standards and
16-2 criteria for designating qualified information systems vendors on a
16-3 regional and statewide basis. A vendor remains qualified until the
16-4 commission determines the vendor fails to meet the criteria set
16-5 forth in this section. Vendors granted regional status may sell
16-6 catalogue-listed products and services directly to state agencies
16-7 covered by the Information Resources Management Act (Article
16-8 4413(32j), Revised Statutes) within a region defined by the
16-9 commission. Vendors granted statewide status may sell
16-10 catalogue-listed products and services directly to any state agency
16-11 covered by the Information Resources Management Act (Article
16-12 4413(32j), Revised Statutes). The commission's standards and
16-13 criteria shall be developed in accordance with the following
16-14 parameters:
16-15 (1) the ability of the vendor to provide adequate and
16-16 reliable support and maintenance;
16-17 (2) the vendor's ability to provide adequate and
16-18 reliable support and maintenance in the future;
16-19 (3) the technical adequacy and reliability of the
16-20 vendor's products; and
16-21 (4) consistency with standards adopted by the
16-22 Department of Information Resources or a subsequent entity.
16-23 (c) If a vendor is designated by the commission as a
16-24 qualified information systems vendor, the vendor shall publish and
16-25 maintain a catalogue containing all products and services eligible
16-26 for purchase by state agencies, including descriptions of each
16-27 product or service, the list price of each product or service, and
17-1 the price to Texas state agencies of each product or service. The
17-2 vendor shall update the catalogue on an as needed basis to reflect
17-3 changes in price or the availability of products or services and
17-4 shall forward a copy of each updated catalogue to the commission
17-5 and all eligible purchasers.
17-6 (d) A state agency covered by the Information Resources
17-7 Management Act (Article 4413(32j), Revised Statutes) may purchase
17-8 or lease automated information systems directly from a qualified
17-9 information systems vendor and may negotiate additional terms and
17-10 conditions to be included in contracts relating to the purchase or
17-11 lease, provided the purchase or lease is based on the best value
17-12 available and is in the state's best interest. In determining
17-13 which products or services are in the state's best interest, the
17-14 agency shall consider the following factors:
17-15 (1) installation costs and hardware costs;
17-16 (2) the overall life cycle cost of the system or
17-17 equipment;
17-18 (3) estimated cost of employee training and estimated
17-19 increase in employee productivity;
17-20 (4) estimated software and maintenance costs; and
17-21 (5) compliance with applicable statewide standards
17-22 adopted by the Department of Information Resources or a subsequent
17-23 entity as validated by criteria established by the department or a
17-24 subsequent entity in administrative rule.
17-25 (e) The commission shall establish rules and regulations and
17-26 implement the catalogue purchase procedure set forth in this
17-27 section no later than January 1, 1994.
18-1 (f) Purchases of automated information systems shall be made
18-2 through the catalogue procedure enumerated in this section unless
18-3 the commission determines that the best value available accrues
18-4 from an alternative purchase method authorized by this Act.
18-5 SECTION 1.12. Section 1.02, State Purchasing and General
18-6 Services Act (Article 601b, Vernon's Texas Civil Statutes), is
18-7 amended by adding Subdivisions (4), (5), and (6) to read as
18-8 follows:
18-9 (4) "Automated information systems" means any
18-10 automated information systems, the computers on which they are
18-11 automated, or a service related to the automation of information
18-12 systems or the computers on which they are automated, including
18-13 computer software, awarded to a vendor by a state agency covered by
18-14 the Information Resources Management Act (Article 4413(32j),
18-15 Revised Statutes), or any telecommunications apparatus or device
18-16 that serves as a component of a voice, data, or video
18-17 communications network for the purpose of transmitting, switching,
18-18 routing, multiplexing, modulating, amplifying, or receiving signals
18-19 on that network.
18-20 (5) "Best value" means lowest overall cost of
18-21 information systems based on the following factors including, but
18-22 not limited to:
18-23 (A) purchase price;
18-24 (B) compatibility to facilitate exchange of
18-25 existing data;
18-26 (C) capacity for expansion and upgrading to more
18-27 advanced levels of technology;
19-1 (D) quantitative reliability factors;
19-2 (E) the level of training required to bring
19-3 end-users to a stated level of proficiency;
19-4 (F) the technical support requirements for
19-5 maintenance of data across a network platform and management of the
19-6 network's hardware and software; and
19-7 (G) compliance with applicable statewide
19-8 standards adopted by the Department of Information Resources or a
19-9 subsequent entity as validated by criteria established by the
19-10 department or a subsequent entity in administrative rule.
19-11 (6) "Qualified information systems vendor" means
19-12 manufacturers or wholesale sellers of automated information systems
19-13 who are authorized by the commission to publish catalogues of
19-14 products and services which may be directly purchased by state
19-15 agencies covered by the Information Resources Management Act
19-16 (Article 4413(32j), Revised Statutes).
19-17 SECTION 1.13. Section 3.15(h), State Purchasing and General
19-18 Services Act (Article 601b, Vernon's Texas Civil Statutes), is
19-19 amended to read as follows:
19-20 (h) This section does not apply to interagency purchases or
19-21 transactions. Interagency purchases and transactions must be
19-22 accomplished on special vouchers or electronically as prescribed by
19-23 the comptroller <of public accounts. The commission shall audit
19-24 all interagency purchases and transactions after they have been
19-25 completed>.
19-26 SECTION 1.14. Section 5.16(c), State Purchasing and General
19-27 Services Act (Article 601b, Vernon's Texas Civil Statutes), is
20-1 amended to read as follows:
20-2 (c) A project analysis shall consist of (1) a complete
20-3 description of the facility or project together with a
20-4 justification of such facility or project prepared by the using
20-5 agency, (2) a detailed estimate of the amount of space needed to
20-6 meet the needs of the using agency and to allow for realistic
20-7 future growth, (3) a description of the proposed facility prepared
20-8 by an architect/engineer and including schematic plans and outline
20-9 specifications describing the type of construction and probable
20-10 materials to be used, sufficient to establish the general scope and
20-11 quality of construction, (4) an estimate of the probable cost of
20-12 construction, (5) a description of the proposed site of the project
20-13 and an estimate of the cost of site preparation, (6) an overall
20-14 estimate of the cost of the project, (7) the information about
20-15 historic structures considered instead of new construction that was
20-16 prepared as required by Section 5.01A of this article, <and> (8) an
20-17 evaluation of energy alternatives as required by Section 5.161 of
20-18 this article, and (9) other information as required by the
20-19 commission. A project analysis may include two or more alternative
20-20 proposals for meeting the space needs of the using agency by (1)
20-21 new construction, (2) acquisition and rehabilitation of an existing
20-22 or historic structure, or (3) a combination of the above. If any
20-23 part of the project involves the construction or rehabilitation of
20-24 a building that is to be used primarily as a parking garage or for
20-25 office space for the state government, the project analysis also
20-26 shall include a description of the amount and location of space in
20-27 the building that can be made available for lease, under Section
21-1 4.15 of this Act, to private tenants or shall include a statement
21-2 of the reason that the lease of space in the building to private
21-3 tenants is not feasible. All estimates involved in the preparation
21-4 of a project analysis shall be carefully and fully documented and
21-5 incorporated into the project analysis.
21-6 Throughout the preparation of the project analysis, the
21-7 commission and any private architect/engineer employed by the
21-8 commission shall work closely and cooperatively with the using
21-9 agency to the end that the project analysis shall fully reflect the
21-10 needs of the using agency.
21-11 The using agency shall use the cost of the project as
21-12 determined by such project analysis as the basis of its request to
21-13 the budget offices of this state.
21-14 SECTION 1.15. Article 5, State Purchasing and General
21-15 Services Act (Article 601b, Vernon's Texas Civil Statutes), is
21-16 amended by adding Section 5.161 to read as follows:
21-17 Sec. 5.161. EVALUATION OF ENERGY ALTERNATIVES. (a) For
21-18 each project for which a project analysis is prepared under Section
21-19 5.16 of this article, and for which the construction, alteration,
21-20 or repair involves installing or replacing all or part of an energy
21-21 system, energy source, or energy-consuming equipment, the
21-22 commission, or the private architect/engineer employed by the
21-23 commission, shall prepare a written evaluation of energy
21-24 alternatives for the project.
21-25 (b) An evaluation prepared under this section shall include
21-26 information about the economic and environmental impact of various
21-27 energy alternatives, including an evaluation of economic and
22-1 environmental costs both initially and over the life of the system,
22-2 source, or equipment.
22-3 (c) An evaluation under this section shall identify the best
22-4 energy alternative for the project considering both economic and
22-5 environmental costs and benefits.
22-6 SECTION 1.16. Section 5.22, State Purchasing and General
22-7 Services Act (Article 601b, Vernon's Texas Civil Statutes), is
22-8 amended by amending Subsection (b) and adding Subsection (d) to
22-9 read as follows:
22-10 (b) Responsibility for the selection of a private
22-11 architect/engineer employed for any project covered by the
22-12 provisions of this article shall be vested in the commission. The
22-13 commission shall adopt rules that state the criteria the commission
22-14 uses to evaluate the competence and qualifications of private
22-15 architects/engineers. The commission shall develop the rules in
22-16 consultation with the Texas Board of Architectural Examiners and
22-17 the State Board of Registration for Professional Engineers. Except
22-18 in an emergency, the <The> commission shall allow each private
22-19 architect/engineer selected for an interview at least 30 days after
22-20 the date the commission notifies the architect/engineer to prepare
22-21 for the interview.
22-22 (d) In this section, an emergency is a situation that:
22-23 (1) presents an imminent peril to the public health,
22-24 safety, or welfare;
22-25 (2) presents an imminent peril to property;
22-26 (3) requires expeditious action to prevent a hazard to
22-27 life, health, safety, welfare, or property; or
23-1 (4) requires expeditious action to avoid undue
23-2 additional cost to a state agency or the state.
23-3 SECTION 1.17. Section 5.26(b), State Purchasing and General
23-4 Services Act (Article 601b, Vernon's Texas Civil Statutes), is
23-5 amended to read as follows:
23-6 (b) The commission shall cause the uniform general
23-7 conditions of state building construction contracts to be reviewed
23-8 whenever in its opinion such review is desirable, but in no event
23-9 less frequently than once every five years. The review shall be
23-10 made by a committee appointed by the commission consisting of the
23-11 director of facilities construction and space management, who shall
23-12 serve ex officio as chairman of the committee and who shall vote
23-13 only in the event of a tie; one person <two persons> appointed by
23-14 the commission from a list of nominees submitted to it by the
23-15 President of the Texas Society of Architects; one person <two
23-16 persons> appointed by the commission from a list of nominees
23-17 submitted to it by the President of the Texas Society of
23-18 Professional Engineers; one person <two persons> appointed by the
23-19 commission from a list of nominees submitted to it by the Chairman
23-20 of the Executive Council of the Texas Associated General
23-21 Contractors Chapters; one person <and two persons> appointed by the
23-22 commission from the list of nominees submitted to it by the
23-23 Executive Secretary of the Mechanical Contractors Associations of
23-24 Texas, Incorporated; one person appointed by the commission from a
23-25 list of nominees submitted to it by the Executive Secretary of the
23-26 Texas Building and Construction Trades Council; one person
23-27 appointed by the commission from a list of nominees submitted to it
24-1 by the President of the Associated Builders and Contractors of
24-2 Texas; one person residing in Texas appointed by the commission
24-3 from a list of nominees submitted by the Executive Director of the
24-4 National Association of Minority Contractors; one person appointed
24-5 by the commission representing an institution of higher education,
24-6 as defined by Section 61.003, Education Code; one person appointed
24-7 by the commission representing a state agency that has a
24-8 substantial on-going construction program; and one person appointed
24-9 by the commission representing the attorney general's office.
24-10 Members of any review committee appointed pursuant to this
24-11 subsection shall serve without compensation but may be reimbursed
24-12 for their necessary and actual expenses.
24-13 SECTION 1.18. Section 5.36, State Purchasing and General
24-14 Services Act (Article 601b, Vernon's Texas Civil Statutes), is
24-15 amended to read as follows:
24-16 Sec. 5.36. Public works contracts with certain businesses.
24-17 A state agency that enters into a contract for a project, including
24-18 a project constructed by or for an agency otherwise excepted under
24-19 Section 5.13 of this article, shall make a good faith effort to
24-20 assist historically underutilized <disadvantaged> businesses to
24-21 receive at least 10 percent of the total value of each construction
24-22 contract award that the agency expects to make in its fiscal year.
24-23 Each agency shall estimate the expected total value of contract
24-24 awards under this article not later than the 60th day of its fiscal
24-25 year and may revise the estimate as new information requires.
24-26 SECTION 1.19. Section 6.01, State Purchasing and General
24-27 Services Act (Article 601b, Vernon's Texas Civil Statutes), is
25-1 amended to read as follows:
25-2 Sec. 6.01. Definition. In this article, "space" means
25-3 office space, warehouse space, laboratory space, storage space
25-4 exceeding 1,000 gross square feet, or any combination thereof, but
25-5 does not include aircraft hangar space, radio antenna space, boat
25-6 storage space, vehicle parking space, residential space for a Texas
25-7 Department of Mental Health and Mental Retardation program,
25-8 residential space for a Texas Youth Commission program, or space to
25-9 be utilized for less than one month for meetings, conferences,
25-10 seminars, conventions, displays, examinations, auctions, or other
25-11 similar purposes.
25-12 SECTION 1.20. Article 6, State Purchasing and General
25-13 Services Act (Article 601b, Vernon's Texas Civil Statutes), is
25-14 amended by adding Section 6.021 to read as follows:
25-15 Sec. 6.021. SPACE USE STUDY; LIMITATION ON ALLOCATION OF
25-16 SPACE. (a) The commission periodically shall conduct a study to
25-17 determine the space requirements of various state agencies that
25-18 occupy space under the commission's charge and control, including
25-19 state-owned space and space leased from other sources.
25-20 (b) The commission shall use the results of the study to:
25-21 (1) determine the optimal amount of space required for
25-22 various state agency uses; and
25-23 (2) allocate space to state agencies in the best and
25-24 most efficient manner possible.
25-25 (c) The commission may not allocate space to a state agency
25-26 as defined in Articles I and II of the General Appropriations Act
25-27 that exceeds an average of 153 square feet for each agency employee
26-1 for each agency site for usable office space as defined by the
26-2 General Services Commission, with the exception of an agency site
26-3 at which 15 or fewer employees are located, insofar as possible
26-4 without sacrifice of critical public or client services by the end
26-5 of the 1994-1995 biennium. This subsection does not apply to:
26-6 (1) warehouse space;
26-7 (2) laboratory space;
26-8 (3) storage space exceeding 1,000 gross square feet;
26-9 or
26-10 (4) another type of space specified by commission
26-11 rule, if the commission determines that it is not practical to
26-12 apply this subsection to the specified space.
26-13 (d) The commission shall conduct a study under this section
26-14 at least once during each state fiscal biennium.
26-15 (e) This section does not apply to space that is not
26-16 occupied by a state agency as defined by Section 1.02 of this Act.
26-17 SECTION 1.21. Section 10.05, State Purchasing and General
26-18 Services Act (Article 601b, Vernon's Texas Civil Statutes), is
26-19 amended to read as follows:
26-20 Sec. 10.05. Sharing of services or facilities.
26-21 (a) Telecommunications facilities and services, to the extent
26-22 feasible and desirable, shall be provided on an integrated or
26-23 shared basis, or both, to avoid waste of state funds and manpower.
26-24 (b) The commission, the Department of Information Resources,
26-25 and the comptroller shall develop, in coordination with The Texas
26-26 A&M University System, The University of Texas System, other
26-27 institutions of higher education, and other state agencies, a plan
27-1 for a state telecommunications network that will effectively and
27-2 efficiently meet the long-term voice, video, and computer
27-3 communications requirements of state government. The plan should
27-4 recognize that all state agencies and institutions of higher
27-5 education are a single entity for purposes of purchasing and
27-6 determining tariffs. The plan shall incorporate efficiencies
27-7 obtained through the use of shared transmission services and open
27-8 systems architecture as they become available, building on existing
27-9 systems as appropriate, and the developers of the plan shall make
27-10 use of the technical expertise of the institutions of higher
27-11 education and state agencies. The commission, department, and
27-12 comptroller shall present to the governor and the legislature a
27-13 comprehensive summary of the plan and its implementation schedule
27-14 before September 1, 1994.
27-15 SECTION 1.22. Section 10.09(d), State Purchasing and General
27-16 Services Act (Article 601b, Vernon's Texas Civil Statutes), is
27-17 amended to read as follows:
27-18 (d) The commission shall prepare and issue a revised
27-19 centralized telephone service directory not later than March 31 <in
27-20 February> of each year.
27-21 SECTION 1.23. Chapter 417, Government Code, is amended by
27-22 adding Section 417.0081 to read as follows:
27-23 Sec. 417.0081. INSPECTION OF CERTAIN STATE-OWNED BUILDINGS.
27-24 The state fire marshal, at the commission's direction, shall
27-25 periodically inspect public buildings under the charge and control
27-26 of the General Services Commission and shall take any action
27-27 authorized by the commission to protect the buildings and their
28-1 occupants from an existing or threatened fire hazard.
28-2 SECTION 1.24. Subchapter A, Chapter 419, Government Code, is
28-3 amended by adding Section 419.0081 to read as follows:
28-4 Sec. 419.0081. PROTECTION OF CERTAIN STATE-OWNED BUILDINGS
28-5 AGAINST FIRE HAZARDS. (a) The commission shall take any action
28-6 necessary to protect a public building under the charge and control
28-7 of the General Services Commission, and the building's occupants,
28-8 against an existing or threatened fire hazard.
28-9 (b) The commission and the General Services Commission shall
28-10 make and each adopt by rule a memorandum of understanding that
28-11 coordinates the agencies' duties under this section.
28-12 SECTION 1.25. Section 771.002, Government Code, is amended
28-13 to read as follows:
28-14 Sec. 771.002. Definitions. In this chapter:
28-15 (1) "Agency" includes:
28-16 (A) a department, board, bureau, commission,
28-17 court, office, authority, council, or institution;
28-18 (B) a university, college, or any service or
28-19 part of a state institution of higher education; and
28-20 (C) any statewide job or employment training
28-21 program for disadvantaged youth that is substantially financed by
28-22 federal funds and that was created by executive order not later
28-23 than December 30, 1986.
28-24 (2) <"Commission" means the State Purchasing and
28-25 General Services Commission.>
28-26 <(3)> "Resources" means materials and<,> equipment<,
28-27 and supplies>.
29-1 (3) <(4)> "Services" means special or technical
29-2 services, including the services of employees.
29-3 SECTION 1.26. Section 771.004(a), Government Code, is
29-4 amended to read as follows:
29-5 (a) Before a state agency may provide <furnish> or receive a
29-6 service or resource under this chapter, the agency must have
29-7 entered into a written agreement or contract that has been approved
29-8 by the administrator of each agency that is a party to the
29-9 agreement or contract <and by the commission>.
29-10 SECTION 1.27. Section 771.004, Government Code, is amended
29-11 by amending Subsection (c) and by adding Subsection (d) to read as
29-12 follows:
29-13 (c) A written agreement or contract is <and advance approval
29-14 by the commission are> not required:
29-15 (1) in an emergency for the defense or safety of the
29-16 civil population or in the planning and preparation for those
29-17 emergencies;
29-18 (2) in cooperative efforts, proposed by the governor,
29-19 for the economic development of the state; or
29-20 (3) in a situation in which the amount involved is
29-21 less than $50,000 <$2,500>.
29-22 (d) In an interagency exchange that is exempt from the
29-23 requirements of a written agreement or contract, the agencies
29-24 involved shall document the exchange through informal letters of
29-25 agreement or memoranda.
29-26 SECTION 1.28. Section 771.006, Government Code, is amended
29-27 to read as follows:
30-1 Sec. 771.006. <Equipment> Purchases and Subcontracts of
30-2 Services and Resources. A contract under this chapter may
30-3 authorize an <permit a furnishing> agency providing services and
30-4 resources to subcontract and purchase the services and resources
30-5 <equipment to the extent considered appropriate by the commission>.
30-6 SECTION 1.29. On the effective date of this part, all
30-7 powers, duties, and obligations relating to the protection of
30-8 public buildings under the charge and control of the General
30-9 Services Commission, and the buildings' occupants, against existing
30-10 or threatened fire hazards are transferred from the General
30-11 Services Commission to the Texas Commission on Fire Protection as
30-12 provided by this Act. All property in the custody of the General
30-13 Services Commission and the original or a copy of any record that
30-14 relates to fire protection activity in the buildings are
30-15 transferred to the Texas Commission on Fire Protection. All
30-16 appropriations to the General Services Commission for fire
30-17 protection activity in the buildings and all employees of the
30-18 General Services Commission employed primarily to engage in fire
30-19 protection activity in the buildings are transferred to the Texas
30-20 Commission on Fire Protection. All investigations and all filed
30-21 reports or complaints relating to fire protection in the buildings
30-22 are transferred without change in status from the General Services
30-23 Commission to the Texas Commission on Fire Protection. All rules,
30-24 standards, and specifications of the General Services Commission
30-25 relating to fire protection in the buildings remain in effect as
30-26 rules, standards, and specifications of the Texas Commission on
30-27 Fire Protection unless superseded by proper authority of that
31-1 commission.
31-2 SECTION 1.30. The General Services Commission shall complete
31-3 implementation of the changes in law made by this Act relating to
31-4 the use of a centralized master bidders list by state agencies not
31-5 later than September 1, 1995. During the transition period
31-6 provided by this section, affected state agencies shall provide the
31-7 General Services Commission with all records and information in the
31-8 custody of the agencies that relate to the commission's preparation
31-9 of the centralized master bidders list.
31-10 SECTION 1.31. (a) The General Services Commission shall
31-11 appoint the new members added to the commission's construction
31-12 contract review committee by this Act as soon as practicable after
31-13 the effective date of this part. The representatives of each
31-14 society or association that has had its representation on the
31-15 committee reduced from two members to one member shall determine by
31-16 agreement or by lot which representative will remain on the
31-17 committee.
31-18 (b) Until all removals and new appointments of members of
31-19 the commission's construction contract review committee have taken
31-20 place, a quorum of the committee is a majority of the number of
31-21 members serving at the time of a meeting.
31-22 SECTION 1.32. On the effective date of this part, all
31-23 powers, duties, and obligations of the Office of Small Business
31-24 Assistance of the Texas Department of Commerce under Section 1.03,
31-25 State Purchasing and General Services Act (Article 601b, Vernon's
31-26 Texas Civil Statutes), are transferred to the General Services
31-27 Commission as prescribed by the changes to Section 1.03 made by
32-1 this Act. All records and property in the custody of the office
32-2 that relate to a function transferred by this Act are transferred
32-3 to the commission. All appropriations to the office for functions
32-4 transferred by this Act and all employees of the office employed
32-5 primarily to engage in those functions are transferred to the
32-6 commission. An application for certification as a historically
32-7 underutilized business is transferred without change in status from
32-8 the office to the commission. All rules, standards, and
32-9 specifications of the office relating to the functions transferred
32-10 by this Act remain in effect as rules, standards, and
32-11 specifications of the commission unless superseded by proper
32-12 authority of the commission. All references in a transferred
32-13 application, rule, standard, or specification to disadvantaged
32-14 businesses is considered to be a reference to historically
32-15 underutilized businesses. A prior certification made by the office
32-16 that a business is a disadvantaged business is considered to be a
32-17 certification that a business is a historically underutilized
32-18 business.
32-19 SECTION 1.33. Not later than January 1, 1995, the General
32-20 Services Commission shall submit to the governor, lieutenant
32-21 governor, and speaker of the house of representatives a report on
32-22 the competitive sealed proposal process established by this Act
32-23 that includes:
32-24 (1) a list of all purchases made under the process
32-25 during the state fiscal year ending August 31, 1994, including
32-26 purchases by institutions and other agencies of higher education
32-27 under authority delegated by the commission;
33-1 (2) an analysis of benefits and disadvantages of the
33-2 process; and
33-3 (3) recommendations for improving the process.
33-4 SECTION 1.34. (a) The following laws are repealed:
33-5 (1) Section 771.005, Government Code; and
33-6 (2) Section 771.009, Government Code.
33-7 (b) The following law is repealed:
33-8 (1) Section 771.008(d), Government Code; or
33-9 (2) Section 6(d), The Interagency Cooperation Act
33-10 (Article 4413(32), Vernon's Texas Civil Statutes), as added by
33-11 Section 30, Chapter 641, Acts of the 72nd Legislature, Regular
33-12 Session, 1991.
33-13 (c) Subsection (b)(1) of this section takes effect only if a
33-14 bill relating to nonsubstantive additions to and corrections in
33-15 enacted codes, including the nonsubstantive codification of various
33-16 laws omitted from enacted codes, and to conforming codifications
33-17 enacted by the 72nd Legislature to other acts of that legislature,
33-18 is enacted by the 73rd Legislature and becomes law. Subsection
33-19 (b)(2) of this section takes effect only if the bill described by
33-20 this subsection does not become law.
33-21 SECTION 1.35. Article 5, State Purchasing and General
33-22 Services Act (Article 601b, Vernon's Texas Civil Statutes), is
33-23 amended by adding Section 5.265 to read as follows:
33-24 Sec. 5.265. COMMON SURETY OR INSURER. If it is advantageous
33-25 to the state, the commission, or an agency whose project is
33-26 exempted from all or part of this article under Section 5.13 of
33-27 this article, may negotiate an arrangement with a surety or an
34-1 insurer, as appropriate, authorized to do business in this state to
34-2 furnish some or all of the bonds, insurance, or both that a
34-3 contractor or subcontractor is required to execute or carry to
34-4 receive a contract or subcontract on a project administered by the
34-5 commission or other agency. Notwithstanding Section 1, Chapter 87,
34-6 Acts of the 56th Legislature, Regular Session, 1959 (Article
34-7 7.19-1, Vernon's Texas Insurance Code), and its subsequent
34-8 amendments, the commission or other agency may require a contractor
34-9 or subcontractor to meet part or all of the bonding or insurance
34-10 requirements for the project under the arrangement negotiated by
34-11 the commission or other agency.
34-12 SECTION 1.36. Article 5, State Purchasing and General
34-13 Services Act (Article 601b, Vernon's Texas Civil Statutes), is
34-14 amended by adding Section 5.342 to read as follows:
34-15 Sec. 5.342. ACQUISITION OF EXISTING BUILDING AS ALTERNATIVE
34-16 TO LEASING SPACE. (a) This section applies only to meeting office
34-17 space needs of one or more state agencies in a county in which the
34-18 state is leasing at least 50,000 square feet of usable office
34-19 space.
34-20 (b) The commission may meet office space needs of one or
34-21 more state agencies that are being met through leased space by
34-22 purchasing one or more existing buildings in accordance with this
34-23 section. The purchase of a building may include the purchase of
34-24 the building's grounds and related improvements. The purchase of a
34-25 building under this section must be:
34-26 (1) financed through bonds issued by the Texas Public
34-27 Finance Authority; and
35-1 (2) approved by the legislature if it is in session or
35-2 by the Legislative Budget Board if the legislature is not in
35-3 session.
35-4 (c) The commission may purchase a building under this
35-5 section only if the commission determines that the projected annual
35-6 total space occupancy costs of the purchased space will not exceed,
35-7 over the term of the bonded indebtedness, the projected annual
35-8 total space occupancy costs of meeting the same space needs through
35-9 leased space. In this section, "total space occupancy costs"
35-10 include:
35-11 (1) for leased space, the direct cost of the lease
35-12 payments for the space;
35-13 (2) for purchased space, the direct cost of rental or
35-14 installment payments for the space under Section 12(b), Texas
35-15 Public Finance Authority Act (Article 601d, Vernon's Texas Civil
35-16 Statutes);
35-17 (3) the cost of any necessary renovations;
35-18 (4) operating costs, including janitorial and utility
35-19 costs; and
35-20 (5) for purchased space, the cost of maintaining a
35-21 cash replacement reserve sufficient to service structural
35-22 maintenance requirements reflecting the expected performance life
35-23 of the major capital expense items of the building for the term of
35-24 the bonded indebtedness.
35-25 (d) If the commission has made the necessary determination
35-26 under Subsection (c) of this section and the purchase has been
35-27 approved by the legislature or the Legislative Budget Board under
36-1 Subsection (b) of this section, the Texas Public Finance Authority
36-2 shall issue and sell bonds to finance the purchase in accordance
36-3 with the Texas Public Finance Authority Act (Article 601d, Vernon's
36-4 Texas Civil Statutes), and the commission may purchase the building
36-5 in accordance with that Act and other applicable law. The
36-6 limitation prescribed by Section 9, Texas Public Finance Authority
36-7 Act (Article 601d, Vernon's Texas Civil Statutes), relating to the
36-8 location of a building for which bonds may be issued and sold does
36-9 not apply to financing the purchase of a building under this
36-10 section.
36-11 (e) Any person from whom real property or any existing
36-12 buildings or other improvements are purchased under this section
36-13 shall provide to the commission the name and the last known address
36-14 of each person who:
36-15 (1) owns record legal title to the property,
36-16 buildings, or other improvements; or
36-17 (2) owns a beneficial interest in the property,
36-18 buildings, or other improvements through a trust, nominee, agent,
36-19 or any other legal entity.
36-20 (f) When a state agency vacates leased space to move into
36-21 space in a building purchased under this section or when the leased
36-22 space itself is purchased under this section, the money
36-23 specifically appropriated by the legislature or the money available
36-24 to and budgeted by the agency for lease payments for the leased
36-25 space for the remainder of the biennium may be used only for rental
36-26 or installment payments for the purchased space under Section
36-27 12(b), Texas Public Finance Authority Act (Article 601d, Vernon's
37-1 Texas Civil Statutes), and for the payment of operating expenses
37-2 for the purchased space that are incurred by the commission. The
37-3 comptroller may adopt rules for the administration of this
37-4 subsection.
37-5 SECTION 1.37. Sections 4.15(c) and (m), State Purchasing and
37-6 General Services Act (Article 601b, Vernon's Texas Civil Statutes),
37-7 are amended to read as follows:
37-8 (c) Except as provided by this section and Article 6252-3e,
37-9 Revised Statutes, the commission shall determine the amount of
37-10 space in a building to be allocated to private tenants and the
37-11 types of activities in which the tenants may engage based on the
37-12 market for certain activities among employees and visitors in the
37-13 building and in the vicinity of the building. Except as provided
37-14 by Subsection (m) <(l)> of this section, the amount of space
37-15 allocated to private tenants may not exceed 15 percent of the total
37-16 space in the building. Any space leased to provide child care
37-17 services for state employees shall not be counted in the 15 percent
37-18 maximum.
37-19 (m) If the commission determines under Section 5.34 or 5.342
37-20 of this Act that the purchase of an existing building is more
37-21 advantageous to the state than constructing <the construction of> a
37-22 new building or continuing to lease space for a state agency, but a
37-23 purchase of the building would be subject to existing leases to
37-24 private tenants that exceed 15 percent of the total space in the
37-25 building, the commission may purchase the building subject to
37-26 existing leases notwithstanding Subsection (c) of this section.
37-27 When an existing lease to a private tenant expires, the commission
38-1 may renew the lease subject to this section, including Subsection
38-2 (c).
38-3 SECTION 1.38. Section 9(b), Texas Public Finance Authority
38-4 Act (Article 601d, Vernon's Texas Civil Statutes), is amended to
38-5 read as follows:
38-6 (b) When the acquisition or construction of a building has
38-7 been authorized in accordance with this Act or under Section 5.34
38-8 or 5.342, State Purchasing and General Services Act (Article 601b,
38-9 Vernon's Texas Civil Statutes), the board shall promptly issue and
38-10 sell bonds in the name of the authority under this Act, including
38-11 Sections 10B and 16 of this Act, to finance the acquisition or
38-12 construction of the building. When the proceeds from the bond
38-13 issuance are available, the board shall promptly deposit the
38-14 proceeds in the state treasury under Section 23 of this Act and
38-15 shall promptly make the determinations that are to be made by the
38-16 board under Section 23 of this Act.
38-17 SECTION 1.39. Section 10(a), Texas Public Finance Authority
38-18 Act (Article 601d, Vernon's Texas Civil Statutes), as amended by
38-19 Chapter 1244, Acts of the 71st Legislature, Regular Session, 1989,
38-20 is amended to read as follows:
38-21 (a) Except as permitted by Sections 24A(b)(5) and 24A(d) of
38-22 this Act or Section 5.34 or 5.342, State Purchasing and General
38-23 Services Act (Article 601b, Vernon's Texas Civil Statutes), before
38-24 the board may issue and sell bonds, the legislature by law must
38-25 have authorized in this Act, the General Appropriations Act, or
38-26 another Act the specific project for which the bonds are to be
38-27 issued and sold and must have authorized the estimated cost of the
39-1 project or the maximum amount of bonded indebtedness that may be
39-2 incurred by the issuance and sale of bonds for the project. In
39-3 recognition that the cost estimates for acquisition, construction,
39-4 repair, or renovation of a project will not be final at the time
39-5 the project is authorized for financing and that the bonds may be
39-6 issued to fund associated costs, including but not limited to
39-7 reasonably required reserve funds, capitalized interest,
39-8 administrative costs of the authority, and issuing expenses, the
39-9 principal amount of any bond issue for that purpose may be up to
39-10 1-1/2 the amount of the estimated cost for the project being
39-11 financed. For additional costs to be included in that principal
39-12 amount, the board must affirmatively find that those costs are
39-13 necessary and reasonable at the time the bonds are issued.
39-14 SECTION 1.40. (a) The initial reports required by Section
39-15 1.03(f), State Purchasing and General Services Act (Article 601b,
39-16 Vernon's Texas Civil Statutes), as added by this part, shall be
39-17 filed not later than December 31, 1994.
39-18 (b) The written plan required by Section 1.03(e), State
39-19 Purchasing and General Services Act (Article 601b, Vernon's Texas
39-20 Civil Statutes), as added by this part, shall be completed not
39-21 later than June 1, 1994.
39-22 SECTION 1.41. Section 481.105, Government Code, is
39-23 transferred to Article 3, State Purchasing and General Services Act
39-24 (Article 601b, Vernon's Texas Civil Statutes), redesignated as
39-25 Section 3.281, and amended to read as follows:
39-26 Sec. 3.281 <481.105>. Participation by Small Businesses in
39-27 State Purchasing. The commission <office> shall foster
40-1 participation of small businesses in the purchasing activities of
40-2 the state by:
40-3 (1) assisting state agencies in developing procedures
40-4 to ensure the inclusion of small businesses on state agency master
40-5 bid lists;
40-6 (2) informing small businesses of state purchasing
40-7 opportunities;
40-8 (3) assisting small businesses in complying with the
40-9 procedures for bidding on state contracts;
40-10 (4) working with state and federal agencies and with
40-11 private organizations in disseminating information on state
40-12 purchasing procedures and the opportunities for small businesses to
40-13 participate in state contracts;
40-14 (5) assisting state agencies with the development of a
40-15 comprehensive list of small businesses capable of providing
40-16 materials, supplies, equipment, or services to the state; <and>
40-17 (6) making recommendations to state agencies for
40-18 simplification of specifications and terms to increase the
40-19 opportunities for small business participation;
40-20 (7) working with state agencies to establish a
40-21 statewide policy for increasing use of small businesses;
40-22 (8) assisting state agencies in seeking small
40-23 businesses capable of supplying materials and services that the
40-24 agencies require;
40-25 (9) assisting state agencies in identifying and
40-26 advising small businesses on the types of goods and services needed
40-27 by the agencies; and
41-1 (10) assisting state agencies in increasing the volume
41-2 of business placed with small businesses.
41-3 SECTION 1.42. On the effective date of this part, all
41-4 powers, duties, and obligations of the Office of Small Business
41-5 Assistance of the Texas Department of Commerce under Section 1.03,
41-6 State Purchasing and General Services Act (Article 601b, Vernon's
41-7 Texas Civil Statutes), and under former Section 481.105, Government
41-8 Code, are transferred to the General Services Commission as
41-9 prescribed by this part. All records and property in the custody
41-10 of the office that relate to a function transferred by this part
41-11 are transferred to the commission. All appropriations to the
41-12 office for functions transferred by this part and all employees of
41-13 the office employed primarily to engage in those functions are
41-14 transferred to the commission. An application for certification as
41-15 a disadvantaged business is transferred without change in status
41-16 from the office to the commission. All rules, standards, and
41-17 specifications of the office relating to the functions transferred
41-18 by this part remain in effect as rules, standards, and
41-19 specifications of the commission unless superseded by the
41-20 commission.
41-21 SECTION 1.43. This part takes effect immediately.
41-22 PART 2. ABOLITION OF TEXAS SURPLUS PROPERTY AGENCY
41-23 SECTION 2.01. Section 2.06(c), State Purchasing and General
41-24 Services Act (Article 601b, Vernon's Texas Civil Statutes), is
41-25 amended to read as follows:
41-26 (c) The executive director shall employ two associate deputy
41-27 directors, who shall administer the operation of the divisions of
42-1 the commission, except the surplus and salvage property division,
42-2 as provided by this Act. The commission shall:
42-3 (1) employ a third associate deputy director to
42-4 administer the operation of the surplus and salvage property
42-5 division as provided by this Act, and that associate deputy
42-6 director serves at the pleasure of the commission; or
42-7 (2) assign the duty to administer the surplus and
42-8 salvage property division directly to the executive director, who
42-9 shall directly administer that division subject to and under the
42-10 direction of the commission.
42-11 SECTION 2.02. Section 2.09, State Purchasing and General
42-12 Services Act (Article 601b, Vernon's Texas Civil Statutes), is
42-13 amended to read as follows:
42-14 Sec. 2.09. Divisions. (a) The commission is divided into
42-15 divisions as provided by this section. The associate deputy
42-16 director employed to administer the surplus and salvage property
42-17 division shall direct that division as provided by Subsection (c)
42-18 of this section. Another <One> associate deputy director shall
42-19 direct the travel division and other divisions as directed by the
42-20 executive director. The other associate deputy director shall
42-21 direct the remaining divisions as directed by the executive
42-22 director.
42-23 (b) Each division shall be managed by a division director
42-24 who shall report to the appropriate associate deputy director,
42-25 except as provided by Subsection (c) of this section.
42-26 (c) The surplus and salvage property division is established
42-27 to administer Article 9 of this Act. Notwithstanding Section
43-1 2.06(b) of this Act, and unless the commission assigns the duty to
43-2 administer the division directly to the executive director, the
43-3 affairs of the division are managed by the associate deputy
43-4 director of that division, whose management is subject to and under
43-5 the direction of the commission and who reports directly to the
43-6 commission. All direction of the commission to the associate
43-7 deputy director shall be made at an open meeting of the commission
43-8 and made a part of the minutes of the commission. The division may
43-9 share support functions with other divisions of the commission, but
43-10 the division shall operate autonomously from the rest of the
43-11 commission, and the administration of the division must be housed
43-12 in a different building than other commission functions. If the
43-13 commission assigns the duty to administer the division directly to
43-14 the executive director, the division must still operate
43-15 autonomously from the rest of the commission, and, except for the
43-16 executive director's office, the administrative functions of the
43-17 division must still be housed in a different building from other
43-18 commission functions.
43-19 SECTION 2.03. Section 8.01(a), State Purchasing and General
43-20 Services Act (Article 601b, Vernon's Texas Civil Statutes), is
43-21 amended to read as follows:
43-22 (a) This article applies to:
43-23 (1) personal property belonging to the state; and
43-24 (2) real or personal property acquired by or otherwise
43-25 under the commission's jurisdiction under Section 9.16 of this Act
43-26 and 40 U.S.C. Section 483c, 484(j), or 484(k).
43-27 SECTION 2.04. Section 9.01(a), State Purchasing and General
44-1 Services Act (Article 601b, Vernon's Texas Civil Statutes), is
44-2 amended by amending Subdivisions (3) and (4) and adding Subdivision
44-3 (8) to read as follows:
44-4 (3) "Property" means personal property. The term does
44-5 not include real property, or any interest in real property, except
44-6 federal real property acquired under Section 9.16 of this article
44-7 and Section 484(k), Federal Property and Administrative Services
44-8 Act. Personal<; however, personal> property affixed to real
44-9 property may be sold under this law if its removal and disposition
44-10 is to carry out a lawful objective under this law or any other law.
44-11 The term includes property lawfully confiscated and subject to
44-12 disposal by a state agency.
44-13 (4) "Surplus property":
44-14 (A) means:
44-15 (i) any personal property which is in
44-16 excess of the needs of any state agency and which is not required
44-17 for its foreseeable needs; or
44-18 (ii) federal surplus property acquired by
44-19 the commission or otherwise under the commission's jurisdiction
44-20 under Section 9.16 of this article and Section 483c, 484(j), or
44-21 484(k), Federal Property and Administrative Services Act; and
44-22 (B) includes property that<. Surplus property>
44-23 may be used or new but possesses some usefulness for the purpose
44-24 for which it was intended or for some other purpose.
44-25 (8) "Federal Property and Administrative Services Act"
44-26 means the Federal Property and Administrative Services Act of 1949
44-27 (40 U.S.C. Section 484).
45-1 SECTION 2.05. Section 9.02, State Purchasing and General
45-2 Services Act (Article 601b, Vernon's Texas Civil Statutes), is
45-3 amended to read as follows:
45-4 Sec. 9.02. Establishment of Procedures. The commission
45-5 shall establish and maintain procedures for the transfer, sale, or
45-6 disposal, as prescribed by law, of:
45-7 (1) surplus and salvage property no longer needed by
45-8 state agencies; and
45-9 (2) federal surplus property that the state acquires
45-10 under the Federal Property and Administrative Services Act.
45-11 SECTION 2.06. Section 9.03, State Purchasing and General
45-12 Services Act (Article 601b, Vernon's Texas Civil Statutes), is
45-13 amended to read as follows:
45-14 Sec. 9.03. Mailing lists of assistance organizations and
45-15 political subdivisions. The commission shall maintain a mailing
45-16 list, renewable annually, of assistance organizations and political
45-17 subdivision purchasing agents or other officers performing similar
45-18 functions who have asked for information on surplus or salvage
45-19 equipment or material the state may have available. <The
45-20 commission shall provide the list to the Texas Surplus Property
45-21 Agency.>
45-22 SECTION 2.07. Section 9.05(a), State Purchasing and General
45-23 Services Act (Article 601b, Vernon's Texas Civil Statutes), is
45-24 amended to read as follows:
45-25 (a) If surplus or salvage property of a state agency is not
45-26 disposed of under the provisions of Section 9.04 of this article,
45-27 the commission shall sell the property by competitive bid or
46-1 auction or delegate to the state agency having possession of the
46-2 property the authority to sell the property on a competitive bid
46-3 basis. The commission or agency shall collect a fee from the
46-4 purchaser. The commission shall set the fee in an amount to
46-5 recover the costs associated with the sale of the property, but the
46-6 amount may not be less than two percent nor more than 12 percent of
46-7 the proceeds from the sale of the property.
46-8 SECTION 2.08. Section 9.13, State Purchasing and General
46-9 Services Act (Article 601b, Vernon's Texas Civil Statutes), is
46-10 amended to read as follows:
46-11 Sec. 9.13. EXEMPTION. For purposes of this article the
46-12 terms "surplus" and "salvage" shall not apply to products and
46-13 by-products of research, forestry, agricultural, livestock, and
46-14 industrial enterprises <in excess of that quantity required for
46-15 consumption by the producing agency when such agencies have a
46-16 continuing and adequate system of marketing research and sales, the
46-17 efficiency of which shall be certified to the commission by the
46-18 state auditor. A qualifying agency shall furnish the commission
46-19 with a copy of the rules and regulations and latest revisions
46-20 thereof promulgated by the policy making body of each agency or
46-21 institution for the guidance and administration of the programs
46-22 enumerated herein. When requested by such agency or institution to
46-23 do so, the commission shall dispose of the property as provided for
46-24 in this article>.
46-25 SECTION 2.09. Section 9.14, State Purchasing and General
46-26 Services Act (Article 601b, Vernon's Texas Civil Statutes), is
46-27 amended to read as follows:
47-1 Sec. 9.14. Authorization of Agencies to Dispose of Property.
47-2 The commission may authorize an agency to dispose of surplus or
47-3 salvage property where the agency demonstrates to the commission
47-4 its ability to make such disposition under the rules and
47-5 regulations set up by the commission, as provided for herein.
47-6 State eleemosynary institutions and institutions and agencies of
47-7 higher learning shall be excepted from the terms of this article
47-8 that relate to the disposition of their surplus or salvage
47-9 property.
47-10 SECTION 2.10. Article 9, State Purchasing and General
47-11 Services Act (Article 601b, Vernon's Texas Civil Statutes), is
47-12 amended by adding Sections 9.16 and 9.17 to read as follows:
47-13 Sec. 9.16. FEDERAL SURPLUS PROPERTY. (a) The commission is
47-14 the designated state agency under Section 484(j) of the Federal
47-15 Property and Administrative Services Act.
47-16 (b) The commission may:
47-17 (1) acquire and warehouse federal property allocated
47-18 to the commission under the Federal Property and Administrative
47-19 Services Act; and
47-20 (2) distribute the property:
47-21 (A) to an entity or institution that meets the
47-22 qualifications for eligibility for the property under the Federal
47-23 Property and Administrative Services Act; and
47-24 (B) without complying with the provisions of
47-25 this article that relate to the disposition of surplus state agency
47-26 property.
47-27 (c) The commission may:
48-1 (1) disseminate information and assist a potential
48-2 applicant regarding the availability of federal surplus real
48-3 property;
48-4 (2) assist in the processing of an application for
48-5 acquisition of federal real property and related personal property
48-6 under Section 484(k) of the Federal Property and Administrative
48-7 Services Act;
48-8 (3) assist in assuring use of the property; and
48-9 (4) engage in an activity relating to the use of
48-10 federal surplus property by another state agency, institution, or
48-11 organization engaging in or receiving assistance under a federal
48-12 program.
48-13 (d) The commission shall:
48-14 (1) file a state plan of operation that complies with
48-15 federal law and operate in accordance with the plan;
48-16 (2) take necessary action to meet the minimum
48-17 standards for a state agency in accordance with the Federal
48-18 Property and Administrative Services Act; and
48-19 (3) cooperate to the fullest extent consistent with
48-20 this section.
48-21 (e) The commission may:
48-22 (1) make the necessary certifications and undertake
48-23 necessary action, including an investigation;
48-24 (2) make expenditures or reports that may be required
48-25 by federal law or regulation or that are otherwise necessary to
48-26 provide for the proper and efficient management of the commission's
48-27 functions under this section;
49-1 (3) provide information and reports relating to the
49-2 commission's activities under this section that may be required by
49-3 a federal agency or department; and
49-4 (4) adopt rules necessary for the efficient operation
49-5 of its activities under this section or as may be required by
49-6 federal law or regulation.
49-7 (f) The commission may enter into an agreement, including:
49-8 (1) a cooperative agreement with a federal agency
49-9 under Section 484(n) of the Federal Property and Administrative
49-10 Services Act;
49-11 (2) an agreement with a state agency for surplus
49-12 property of a state agency that will promote the administration of
49-13 the commission's functions under this section; or
49-14 (3) an agreement with a group or association of state
49-15 agencies for surplus property that will promote the administration
49-16 of the commission's functions under this section.
49-17 (g) The commission may act as an information clearinghouse
49-18 for an entity or institution that may be eligible to acquire
49-19 federal surplus property and may assist, as necessary, the entity
49-20 or institution to obtain federal surplus property.
49-21 (h) The commission may:
49-22 (1) acquire and hold title or make capital
49-23 improvements to real property in accordance with Subsection (i) of
49-24 this section; or
49-25 (2) make an advance payment of rent for a distribution
49-26 center, office space, or another facility that is required to carry
49-27 out the commission's functions under this section.
50-1 (i) The commission may collect a service charge for the
50-2 commission's acquisition, warehousing, distribution, or transfer of
50-3 property. The commission may not collect a charge for real
50-4 property in an amount that is greater than the reasonable
50-5 administrative cost the commission incurs in transferring the
50-6 property.
50-7 (j) A charge collected under Subsection (i) of this section
50-8 shall be deposited in the state treasury to the credit of the
50-9 surplus property service charge fund, and income earned on money
50-10 in the surplus property service charge fund shall be credited to
50-11 that fund. Money in the fund may be used only to carry out the
50-12 functions of the commission under this section.
50-13 (k) The commission may appoint advisory boards and
50-14 committees necessary and suitable to administer this section.
50-15 (l) The commission may employ, compensate, and prescribe the
50-16 duties of personnel, other than members of advisory boards and
50-17 committees, necessary and suitable to administer this section. A
50-18 personnel position may only be filled by an individual selected and
50-19 appointed on a nonpartisan merit basis.
50-20 Sec. 9.17. ADMINISTRATIVE COST RECOVERY STUDY. The
50-21 commission shall conduct a study to determine if its functions
50-22 under this article can be made self-supporting by charging fees for
50-23 commission services. If the commission determines that a function
50-24 can be made self-supporting through charging fees, the commission
50-25 shall prepare a fee implementation plan. Before January 1, 1995,
50-26 the commission shall report to each member of the legislature the
50-27 results of the study and the implementation plan for fee recovery,
51-1 if any. This section expires January 1, 1995.
51-2 SECTION 2.11. Section 403.271(a), Government Code, is
51-3 amended to read as follows:
51-4 (a) This subchapter applies to:
51-5 (1) all personal property belonging to the state; and
51-6 (2) real and personal property acquired by or
51-7 otherwise under the jurisdiction of the state under 40 U.S.C.
51-8 Section 483c, 484(j), or 484(k), and Section 9.16, State Purchasing
51-9 and General Services Act (Article 601b, Vernon's Texas Civil
51-10 Statutes).
51-11 SECTION 2.12. (a) The General Services Commission and the
51-12 Texas Surplus Property Agency shall coordinate the transfer of all
51-13 Texas Surplus Property Agency functions to the General Services
51-14 Commission as required by this part. The administrative functions
51-15 of the Texas Surplus Property Agency are transferred to the General
51-16 Services Commission to be carried out by staff located in Austin,
51-17 in accordance with the State Purchasing and General Services Act
51-18 (Article 601b, Vernon's Texas Civil Statutes), as amended by this
51-19 Act.
51-20 (b) The transfer of all functions from the Texas Surplus
51-21 Property Agency to the General Services Commission shall be
51-22 accomplished as soon as practicable, but not later than the 45th
51-23 day after the effective date of this part, at which time the Texas
51-24 Surplus Property Agency is abolished.
51-25 (c) The transfer required by this part includes the transfer
51-26 of all assets, duties, powers, obligations, and liabilities,
51-27 including contracts, leases, real or personal property, funds,
52-1 employees, furniture, computers and other equipment, and files and
52-2 related materials used by the Texas Surplus Property Agency.
52-3 (d) A form, rule, or procedure adopted by the Texas Surplus
52-4 Property Agency that is in effect on the effective date of this
52-5 part remains in effect on and after that date as if adopted by the
52-6 General Services Commission until amended, repealed, withdrawn, or
52-7 otherwise superseded by the commission.
52-8 (e) All unexpended appropriations made to the Texas Surplus
52-9 Property Agency are transferred to the General Services Commission.
52-10 (f) Notwithstanding Subsections (b) and (e) of this section
52-11 and Section 2.13 of this Act:
52-12 (1) to the extent that changes in law made by this Act
52-13 are changes that must be approved by the federal government under
52-14 federal law relating to surplus property as a condition of this
52-15 state's full participation in the federal surplus property program,
52-16 the appropriate prior law is continued in effect until the
52-17 necessary approval is received; and
52-18 (2) if the abolition of the Texas Surplus Property
52-19 Agency and the transfer of its functions under this Act must be
52-20 approved by the federal government under federal law relating to
52-21 surplus property as a condition of this state's full participation
52-22 in the federal surplus property program, the Texas Surplus Property
52-23 Agency and the law under which it performs its functions are
52-24 continued in effect until the necessary approval is received.
52-25 SECTION 2.13. The following laws are repealed:
52-26 (1) Chapter 32, Acts of the 62nd Legislature, Regular
52-27 Session, 1971 (Article 6252-6b, Vernon's Texas Civil Statutes); and
53-1 (2) Subsections (d), (e), and (g), Section 9.04, State
53-2 Purchasing and General Services Act (Article 601b, Vernon's Texas
53-3 Civil Statutes).
53-4 SECTION 2.14. This part takes effect September 1, 1993,
53-5 except that:
53-6 (1) the amendment to Section 403.271(a), Government
53-7 Code, takes effect when Subchapter L, Chapter 403, Government Code,
53-8 as added by Section 2.30, Chapter 8, Acts of the 72nd Legislature,
53-9 2nd Called Session, 1991, takes effect; and
53-10 (2) the amendment to Section 8.01(a), State Purchasing
53-11 and General Services Act (Article 601b, Vernon's Texas Civil
53-12 Statutes), does not take effect if on or before September 1, 1993,
53-13 Article 8, State Purchasing and General Services Act (Article 601b,
53-14 Vernon's Texas Civil Statutes), is repealed on certification by the
53-15 comptroller of the implementation of the fixed asset component of
53-16 the uniform statewide accounting system, in accordance with Section
53-17 6.01(d), Chapter 8, Acts of the 72nd Legislature, 2nd Called
53-18 Session, 1991.
53-19 PART 3. TRAVEL
53-20 SECTION 3.01. Section 14.01, State Purchasing and General
53-21 Services Act (Article 601b, Vernon's Texas Civil Statutes), is
53-22 amended to read as follows:
53-23 Sec. 14.01. Division. The travel division of the commission
53-24 is composed of the central travel office and the office of vehicle
53-25 fleet maintenance. The commission shall adopt rules to implement
53-26 this article, including rules related to:
53-27 (1) the structure of travel agency contracts that the
54-1 commission makes;
54-2 (2) the procedures the commission uses in requesting
54-3 and evaluating bids or proposals for travel agency contracts from
54-4 providers; <and>
54-5 (3) the use of negotiated contract rates for travel
54-6 services by state agencies; and
54-7 (4) exemptions from the prohibition prescribed by
54-8 Section 14.02(d) of this article.
54-9 SECTION 3.02. Sections 14.02(b) and (c), State Purchasing
54-10 and General Services Act (Article 601b, Vernon's Texas Civil
54-11 Statutes), are amended to read as follows:
54-12 (b) The central travel office shall initially provide
54-13 services to designated agencies located in Travis County and shall
54-14 extend its services to all state agencies as it develops the
54-15 capability to do so. The office may negotiate contracts with
54-16 private travel agents, with travel and transportation providers,
54-17 and with credit card companies that provide travel services and
54-18 other benefits to the state. The commission shall make contracts
54-19 with more than one provider of travel agency services. Contracts
54-20 entered into under this section are not subject to the competitive
54-21 bidding requirements imposed under Article 3 of this Act. The
54-22 comptroller of public accounts shall audit travel vouchers in
54-23 accordance with Chapter 403, Government Code, and its subsequent
54-24 amendments, for compliance with <of> rules adopted to enforce the
54-25 provisions of this section.
54-26 (c) State agencies in the executive branch of state
54-27 government shall participate in accordance with commission rules in
55-1 the commission's contracts for travel services, provided that
55-2 institutions of higher education as defined by Section 61.003,
55-3 Education Code, shall not be required to participate in the
55-4 commission's contracts for travel <agency> services. The
55-5 commission may provide by rule for exemptions from required
55-6 participation. Agencies of the state that are not required to
55-7 participate in commission contracts for travel services may
55-8 participate as provided by Subsection (a) of this section.
55-9 SECTION 3.03. Section 14.02, State Purchasing and General
55-10 Services Act (Article 601b, Vernon's Texas Civil Statutes), is
55-11 amended by adding Subsections (d) and (e) to read as follows:
55-12 (d) This subsection applies only to a state agency in the
55-13 executive branch of state government that is required to
55-14 participate in the commission's contracts for travel services.
55-15 Except as provided by commission rule, a state agency may not:
55-16 (1) purchase commercial airline or rental car
55-17 transportation if the amount of the purchase exceeds the amount of
55-18 the central travel office's contracted fares or rates; or
55-19 (2) reimburse a person for the purchase of commercial
55-20 airline or rental car transportation for the amount that exceeds
55-21 the amount of the central travel office's contracted fares or
55-22 rates.
55-23 (e) The commission shall educate state agencies about
55-24 Subsection (d) of this section. The comptroller shall audit travel
55-25 vouchers in accordance with Chapter 403, Government Code, and its
55-26 subsequent amendments, for compliance with Subsection (d) of this
55-27 section. To facilitate the audit of the travel vouchers, the
56-1 commission shall consult with the comptroller before the commission
56-2 adopts rules or procedures under Subsection (d) of this section.
56-3 SECTION 3.04. This part takes effect September 1, 1993,
56-4 except that Sections 3.01 and 3.03 of this part take effect January
56-5 1, 1994.
56-6 PART 4. MAIL
56-7 SECTION 4.01. Article 11, State Purchasing and General
56-8 Services Act (Article 601b, Vernon's Texas Civil Statutes), is
56-9 amended by adding Section 11.021 to read as follows:
56-10 Sec. 11.021. OUTGOING FIRST-CLASS MAIL. (a) This section
56-11 applies only to outgoing first-class mail practices of state
56-12 agencies located in Travis County.
56-13 (b) The commission shall evaluate and coordinate the
56-14 outgoing first-class mail practices of state agencies located in
56-15 Travis County, including the lists, systems, and formats used to
56-16 create mail. The commission shall adopt rules for the state
56-17 agencies to implement this section.
56-18 (c) The commission shall achieve the maximum available
56-19 discount on postal rates in all cases in which acceptable levels of
56-20 timeliness, security, and quality of service can be maintained
56-21 notwithstanding the discounted rate.
56-22 (d) A state agency to which this section applies shall
56-23 consult with the commission before the agency may:
56-24 (1) purchase, upgrade, or sell mail processing
56-25 equipment;
56-26 (2) contract with a private entity for mail
56-27 processing; or
57-1 (3) take actions that significantly affect the
57-2 agency's first-class mail practices.
57-3 (e) The commission by interagency contract shall establish a
57-4 fee-for-service structure to charge and collect fees from each
57-5 state agency to which this section applies for the commission's
57-6 services under this section. The total amount charged a state
57-7 agency under this section shall be the same as the amount of the
57-8 agency's appropriated funds for outgoing first-class mail, as
57-9 determined by the Legislative Budget Board, minus the agency's
57-10 fixed costs for these services. The commission shall transfer to
57-11 the general revenue fund the amount of a fee charged a state agency
57-12 under this subsection that is greater than the amount of the
57-13 commission's actual expenses for performing services for the
57-14 agency.
57-15 (f) The commission shall adopt and distribute to each state
57-16 agency to which this section applies guidelines by which state
57-17 outgoing first-class mail practices may be measured and analyzed,
57-18 using, to the extent possible, the services of the United States
57-19 Postal Service. The commission shall review and update these
57-20 guidelines not less often than once every two years after the date
57-21 of the adoption of the guidelines. Not later than the 90th day
57-22 after the date of the distribution of the initial guidelines and
57-23 not less often than annually after the date of that distribution,
57-24 the commission shall provide training to state agency personnel who
57-25 handle first-class mail. The commission, to the extent possible,
57-26 may use the free training provided by the United States Postal
57-27 Service.
58-1 (g) If the commission determines that the upgrade of
58-2 existing mail production or processing equipment or the purchase of
58-3 new mail production or processing equipment is required to improve
58-4 the outgoing first-class mail practices of the commission or other
58-5 state agencies located in Travis County, the commission shall
58-6 prepare a cost-benefit analysis demonstrating that the upgrade or
58-7 purchase is more cost-effective than contracting with a private
58-8 entity to provide that equipment or mail service. The commission
58-9 shall approve the most cost-effective method.
58-10 (h) A cost-benefit analysis prepared under this section and
58-11 a request for bids or a request for proposals prepared to implement
58-12 a course of action under this section shall be sent to the state
58-13 auditor for review and comment as soon as practicable after
58-14 preparation. The state auditor's office shall perform its review
58-15 and offer its comments not later than the 14th working day after
58-16 the day it receives the analysis or the request for bids or
58-17 proposals.
58-18 (i) Not later than February 1, 1995, the commission shall
58-19 report to the legislature all significant changes in first-class
58-20 mail practices under this section. The report shall include a
58-21 discussion of funds transferred to the general revenue fund under
58-22 Subsection (e) of this section. This subsection expires June 1,
58-23 1995.
58-24 SECTION 4.02. This part takes effect immediately.
58-25 PART 5. RECORDS COST RECOVERY
58-26 SECTION 5.01. In Sections 5.02 through 5.04 of this part:
58-27 (1) "State agency" has the meaning assigned by
59-1 Sections 1.02(2)(A) and (C), State Purchasing and General Services
59-2 Act (Article 601b, Vernon's Texas Civil Statutes).
59-3 (2) "Commission" means the General Services
59-4 Commission.
59-5 (3) "Public records" has the meaning assigned by
59-6 Section 2(2), Chapter 424, Acts of the 63rd Legislature, Regular
59-7 Session, 1973 (Article 6252-17a, Vernon's Texas Civil Statutes),
59-8 and its subsequent amendments.
59-9 SECTION 5.02. (a) The commission shall conduct a study of
59-10 the charges made by state agencies for copies of public records.
59-11 (b) The attorney general, comptroller, Department of Public
59-12 Safety, Texas Department of Human Services, and Texas State Board
59-13 of Public Accountancy shall help conduct the study.
59-14 (c) The commission shall prepare a report of its findings
59-15 under the study and shall provide a copy of the report to each
59-16 state agency before December 1, 1993.
59-17 SECTION 5.03. (a) Each state agency shall review its
59-18 processes for providing access to and copies of public records and
59-19 shall analyze the charges the state agency makes for the copies.
59-20 (b) A state agency shall prepare a report of its review and
59-21 analysis and shall provide a copy of the report to the commission,
59-22 the Legislative Budget Board, and the comptroller before May 1,
59-23 1994.
59-24 (c) The commission shall assist a state agency without
59-25 accounting expertise in making the review and analysis required by
59-26 this section.
59-27 SECTION 5.04. (a) On September 1, 1993, each state agency
60-1 shall:
60-2 (1) increase by 15 percent the amount of any charge
60-3 the state agency has in place for providing a copy of a public
60-4 record; and
60-5 (2) increase by 25 percent the amount of any charge
60-6 the state agency has in place for providing a copy of a mailing
60-7 list.
60-8 (b) This section does not apply to the Department of Public
60-9 Safety.
60-10 SECTION 5.05. Chapter 424, Acts of the 63rd Legislature,
60-11 Regular Session, 1973 (Article 6252-17a, Vernon's Texas Civil
60-12 Statutes), is amended by adding Section 9A to read as follows:
60-13 Sec. 9A. CHARGES FOR PUBLIC RECORDS BY STATE AGENCY.
60-14 (a) The General Services Commission by rule shall specify the
60-15 methods and procedures that a state agency may use in determining
60-16 the amounts that the agency should charge to recover:
60-17 (1) the full cost to the agency of providing copies of
60-18 public records under this Act; and
60-19 (2) the market value of a copy of a mailing list
60-20 provided under this Act. The commission shall prepare and
60-21 distribute to state agencies a handbook that compiles and explains
60-22 the methods and procedures for determining the cost and market
60-23 value.
60-24 (b) Each state agency by rule shall specify the charges the
60-25 agency will make for copies of public records. A state agency may
60-26 establish a charge for a copy of a public record that is equal to
60-27 the full cost to the agency of providing the copy.
61-1 (c) In providing a copy of a mailing list, a state agency
61-2 may charge a commercial user for the market value of the list. In
61-3 this subsection, "commercial user" means a purchaser of a public
61-4 record who intends to use the record for the purpose of selling,
61-5 advertising, or distributing a product or service.
61-6 (d) The charges that a state agency establishes for a copy
61-7 of a public record and a copy of a mailing list must be at least
61-8 equal to the charge the agency has in place on August 31, 1993,
61-9 plus 15 percent for a copy of a public record or 25 percent for a
61-10 copy of a mailing list.
61-11 (e)(1) A state agency shall pay to the comptroller for
61-12 deposit in an unobligated account designated by the comptroller in
61-13 the general revenue fund all money collected by the agency for
61-14 providing copies of public records.
61-15 (2) Of the total amount of money deposited in the
61-16 general revenue fund under Subdivision (1) of this subsection, the
61-17 comptroller may transfer 25 percent of the money collected for
61-18 providing copies of mailing lists and 15 percent of the money
61-19 collected for providing copies of other public records to the
61-20 general revenue fund.
61-21 (3) The comptroller shall adopt rules to administer
61-22 this subsection.
61-23 (f) This section is cumulative of Section 9 of this Act.
61-24 (g) In this section, "state agency" has the meaning assigned
61-25 by Sections 1.02(2)(A) and (C), State Purchasing and General
61-26 Services Act (Article 601b, Vernon's Texas Civil Statutes).
61-27 SECTION 5.06. Sections 403.301 and 403.302, Government Code,
62-1 are repealed.
62-2 SECTION 5.07. This part takes effect immediately.
62-3 PART 6. APPROPRIATIONS FOR CLAIMS AGAINST STATE
62-4 SECTION 6.01. Title 5, Civil Practice and Remedies Code, is
62-5 amended by adding Chapter 109 to read as follows:
62-6 CHAPTER 109. APPROPRIATIONS FOR PAYMENT
62-7 OF CLAIMS AGAINST STATE AGENCIES
62-8 Sec. 109.001. DEFINITION. In this chapter, "state agency"
62-9 means any entity that constitutes the state government for purposes
62-10 of Section 101.001.
62-11 Sec. 109.002. APPROPRIATIONS AS PROVIDED BY CHAPTER. (a)
62-12 The legislature may not make an appropriation to pay a claim for
62-13 which the state government is liable under Chapter 101 and that
62-14 results from the conduct of a state agency except as provided by
62-15 this chapter.
62-16 (b) The legislature may not make an appropriation to
62-17 indemnify an employee, member of a governing board, or other
62-18 officer of a state agency under Chapter 104 except as provided by
62-19 this chapter.
62-20 Sec. 109.003. SOURCE OF APPROPRIATION. An appropriation
62-21 subject to this chapter shall be made from available and previously
62-22 unappropriated amounts in a special fund or account that may be
62-23 appropriated for that purpose to the affected state agency. To the
62-24 extent those amounts are not available, the appropriation may be
62-25 made from the general revenue fund.
62-26 Sec. 109.004. DEDUCTION FROM AGENCY APPROPRIATION. (a)
62-27 Subject to Subsections (b) and (c), for each appropriation made to
63-1 pay a claim subject to this chapter the comptroller shall reduce an
63-2 agency's appropriation in the General Appropriations Act by the
63-3 same amount.
63-4 (b) The reduction in the appropriation for a state agency
63-5 for a particular claim may not exceed $5,000.
63-6 (c) The total of all reductions in the appropriation for a
63-7 state agency for any fiscal year under this section may not exceed
63-8 five percent of the total appropriation made to that agency for
63-9 that fiscal year.
63-10 Sec. 109.005. REPORTS. (a) The comptroller shall notify an
63-11 affected state agency of:
63-12 (1) each claim subject to this chapter paid by the
63-13 comptroller under this chapter for that state agency;
63-14 (2) the amount of the claim;
63-15 (3) the amount of the claim paid from a special fund
63-16 or account;
63-17 (4) the amount of any reduction made under Section
63-18 109.004; and
63-19 (5) the subject matter of the claim.
63-20 (b) Each agency shall summarize the information reported to
63-21 it by the comptroller under Subsection (a) and report that
63-22 information as part of the agency's annual report to the budget
63-23 division of the governor's office and to the Legislative Budget
63-24 Board as required by the General Appropriations Act.
63-25 Sec. 109.006. APPROPRIATION FOR CLAIM NOT LIMITED. This
63-26 chapter does not limit the amount the legislature may appropriate
63-27 to pay claims subject to this chapter.
64-1 Sec. 109.007. EXCEPTIONS. This chapter does not apply to an
64-2 appropriation:
64-3 (1) to pay or indemnify a person for a negligent act
64-4 or omission in the diagnosis, care, or treatment of a health care
64-5 or mental health care patient, without regard to whether the claim
64-6 is based on tort or contract principles;
64-7 (2) to pay a claim based on the conduct of a state
64-8 medical school or of a hospital affiliated with an institution of
64-9 higher education;
64-10 (3) to pay a claim based on the conduct of an
64-11 institution of higher education; or
64-12 (4) to pay a claim based on the conduct of a state law
64-13 enforcement or corrections agency, including the Department of
64-14 Public Safety, the Texas Department of Criminal Justice, and the
64-15 Board of Pardons and Paroles.
64-16 SECTION 6.02. (a) This part takes effect September 1, 1993.
64-17 (b) Chapter 109, Civil Practice and Remedies Code, as added
64-18 by this part, applies only to an appropriation made on or after
64-19 September 1, 1994. An appropriation made before September 1, 1994,
64-20 is governed by the law in effect immediately before the effective
64-21 date of this part, and that law is continued in effect for that
64-22 purpose.
64-23 (c) Chapter 109, Civil Practice and Remedies Code, as added
64-24 by this part, applies only to a claim that accrues after the
64-25 effective date of this part and for which an appropriation is made
64-26 on or after September 1, 1994. A claim that accrues before the
64-27 effective date of this part or for which an appropriation is made
65-1 before September 1, 1994, is governed by the law in effect
65-2 immediately before the effective date of this part, and that law is
65-3 continued in effect for that purpose.
65-4 PART 7. EMERGENCY
65-5 SECTION 7.01. The importance of this legislation and the
65-6 crowded condition of the calendars in both houses create an
65-7 emergency and an imperative public necessity that the
65-8 constitutional rule requiring bills to be read on three several
65-9 days in each house be suspended, and this rule is hereby suspended,
65-10 and that this Act take effect and be in force according to its
65-11 terms, and it is so enacted.