By: Haley S.B. No. 381
73R4797 MJW-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to revising the process used by the state to acquire goods
1-3 and services, including surplus property.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 PART 1. GENERAL STATE PURCHASING PROCESS
1-6 SECTION 1.01. The State Purchasing and General Services Act
1-7 (Article 601b, Vernon's Texas Civil Statutes) is amended by adding
1-8 Article 3A to read as follows:
1-9 ARTICLE 3A. PURCHASING
1-10 Sec. 3A.01. APPLICABILITY. This article applies to the
1-11 acquisition of goods and services by the state.
1-12 Sec. 3A.02. ACQUISITION METHODS. The state may acquire
1-13 goods or services on the open market, under statewide or regional
1-14 contracts, or by any other method that is most advantageous to the
1-15 state.
1-16 Sec. 3A.03. SELECTION OF VENDOR. The commission or any
1-17 state agency that selects a vendor to provide goods or services is
1-18 not required to select the vendor that provides the goods or
1-19 services at the lowest price, but may exercise its best discretion
1-20 and consider any factor that a prudent private business entity
1-21 would consider in selecting a vendor, including:
1-22 (1) price;
1-23 (2) the reputation of the vendor and the vendor's
1-24 goods or services;
2-1 (3) the quality of the vendor's goods or services;
2-2 (4) the extent to which the goods or services meet the
2-3 needs of the state;
2-4 (5) the vendor's past relationship with the state or
2-5 with the agency, if any; and
2-6 (6) the total long-term cost to the state of acquiring
2-7 a vendor's goods or services.
2-8 Sec. 3A.04. CENTRAL AUTOMATED PURCHASING SYSTEM. (a) The
2-9 commission shall design and administer a central automated
2-10 purchasing system. The system must be compatible with the uniform
2-11 statewide accounting system. State agencies must be able to use
2-12 the system to select goods or services from an automated catalogue,
2-13 order the goods or services electronically, and enter
2-14 electronically the fact of receipt of the goods or services on the
2-15 system. An entry of receipt on the system will serve as an
2-16 authorization for the comptroller to pay the vendor, if the
2-17 comptroller verifies that the agency is authorized under law to
2-18 purchase the goods or services.
2-19 (b) A state agency shall designate the persons who are
2-20 authorized to enter purchase orders or other information on the
2-21 system.
2-22 (c) The commission and the comptroller may adopt rules to
2-23 administer this section.
2-24 Sec. 3A.05. COMMISSION ROLE IN STATE ACQUISITION OF GOODS
2-25 AND SERVICES. The commission shall obtain goods and services for
2-26 state agencies under statewide or regional contracts, to the extent
2-27 that that is advantageous for the state. The commission shall
3-1 advise state agencies, on request, on purchases the state agencies
3-2 make themselves. The commission shall develop statewide quality
3-3 specifications for certain goods and services when that is
3-4 appropriate. The commission on request may deploy purchasing
3-5 specialists to advise and assist agencies with agency procurements.
3-6 The commission on request shall inspect goods received by an agency
3-7 for quality and for conformity to specifications.
3-8 Sec. 3A.06. STATE AGENCY ROLE IN ACQUISITION OF ITS GOODS
3-9 AND SERVICES. A state agency may use its discretion to acquire for
3-10 itself the goods and services it needs, subject to any applicable
3-11 limitations prescribed by the General Appropriations Act, unless
3-12 goods or services that are suitable for the agency's needs are
3-13 available under a statewide or regional contract. An agency shall
3-14 acquire goods or services listed on the central automated
3-15 purchasing system if that is most advantageous for the state.
3-16 SECTION 1.02. (a) Article 3, State Purchasing and General
3-17 Services Act (Article 601b, Vernon's Texas Civil Statutes), is
3-18 repealed.
3-19 (b) Sections 14-18 and 20, Information Resources Management
3-20 Act (Article 4413(32j), Revised Statutes), are repealed.
3-21 (c) The functions of the Department of Information Resources
3-22 under Sections 12 and 13, Information Resources Management Act
3-23 (Article 4413(32j), Revised Statutes), are transferred to the
3-24 General Services Commission.
3-25 SECTION 1.03. The comptroller, General Services Commission,
3-26 and Department of Information Resources shall each appoint
3-27 representatives to a working group that will prepare for and
4-1 monitor the implementation of Article 3A, State Purchasing and
4-2 General Services Act (Article 601b, Vernon's Texas Civil Statutes),
4-3 as added by this part.
4-4 SECTION 1.04. Sections 1.01 and 1.02 of this part take
4-5 effect September 1, 1994. This section and Section 1.03 of this
4-6 part take effect immediately.
4-7 PART 2. ABOLITION OF TEXAS SURPLUS PROPERTY AGENCY
4-8 SECTION 2.01. Section 8.01(a), State Purchasing and General
4-9 Services Act (Article 601b, Vernon's Texas Civil Statutes), is
4-10 amended to read as follows:
4-11 (a) This article applies to:
4-12 (1) personal property belonging to the state; and
4-13 (2) real or personal property acquired by or otherwise
4-14 under the commission's jurisdiction under Section 9.16 of this Act
4-15 and 40 U.S.C. Section 483c, 484(j), or 484(k).
4-16 SECTION 2.02. Section 9.01(a), State Purchasing and General
4-17 Services Act (Article 601b, Vernon's Texas Civil Statutes), is
4-18 amended by amending Subdivisions (3) and (4) and adding Subdivision
4-19 (8) to read as follows:
4-20 (3) "Property" means personal property. The term does
4-21 not include real property, or any interest in real property, except
4-22 federal real property acquired under Section 9.16 of this article
4-23 and Section 484(k), Federal Property and Administrative Services
4-24 Act. Personal<; however, personal> property affixed to real
4-25 property may be sold under this law if its removal and disposition
4-26 is to carry out a lawful objective under this law or any other law.
4-27 The term includes property lawfully confiscated and subject to
5-1 disposal by a state agency.
5-2 (4) "Surplus property":
5-3 (A) means:
5-4 (i) any personal property which is in
5-5 excess of the needs of any state agency and which is not required
5-6 for its foreseeable needs; or
5-7 (ii) federal surplus property acquired by
5-8 the commission or otherwise under the commission's jurisdiction
5-9 under Section 9.16 of this article and Section 483c, 484(j), or
5-10 484(k), Federal Property and Administrative Services Act; and
5-11 (B) includes property that<. Surplus property>
5-12 may be used or new but possesses some usefulness for the purpose
5-13 for which it was intended or for some other purpose.
5-14 (8) "Federal Property and Administrative Services Act"
5-15 means the Federal Property and Administrative Services Act of 1949
5-16 (40 U.S.C. Section 484).
5-17 SECTION 2.03. Section 9.02, State Purchasing and General
5-18 Services Act (Article 601b, Vernon's Texas Civil Statutes), is
5-19 amended to read as follows:
5-20 Sec. 9.02. Establishment of Procedures. The commission
5-21 shall establish and maintain procedures for the transfer, sale, or
5-22 disposal, as prescribed by law, of:
5-23 (1) surplus and salvage property no longer needed by
5-24 state agencies; and
5-25 (2) federal surplus property that the state acquires
5-26 under the Federal Property and Administrative Services Act.
5-27 SECTION 2.04. Section 9.03, State Purchasing and General
6-1 Services Act (Article 601b, Vernon's Texas Civil Statutes), is
6-2 amended to read as follows:
6-3 Sec. 9.03. Mailing lists of assistance organizations and
6-4 political subdivisions. The commission shall maintain a mailing
6-5 list, renewable annually, of assistance organizations and political
6-6 subdivision purchasing agents or other officers performing similar
6-7 functions who have asked for information on surplus or salvage
6-8 equipment or material the state may have available. <The
6-9 commission shall provide the list to the Texas Surplus Property
6-10 Agency.>
6-11 SECTION 2.05. Section 9.05(a), State Purchasing and General
6-12 Services Act (Article 601b, Vernon's Texas Civil Statutes), is
6-13 amended to read as follows:
6-14 (a) If surplus or salvage property of a state agency is not
6-15 disposed of under the provisions of Section 9.04 of this article,
6-16 the commission shall sell the property by competitive bid or
6-17 auction or delegate to the state agency having possession of the
6-18 property the authority to sell the property on a competitive bid
6-19 basis. The commission or agency shall collect a fee from the
6-20 purchaser. The commission shall set the fee in an amount to
6-21 recover the costs associated with the sale of the property, but the
6-22 amount may not be less than two percent nor more than 12 percent of
6-23 the proceeds from the sale of the property.
6-24 SECTION 2.06. Section 9.14, State Purchasing and General
6-25 Services Act (Article 601b, Vernon's Texas Civil Statutes), is
6-26 amended to read as follows:
6-27 Sec. 9.14. Authorization of Agencies to Dispose of Property.
7-1 The commission may authorize an agency to dispose of surplus or
7-2 salvage property where the agency demonstrates to the commission
7-3 its ability to make such disposition under the rules and
7-4 regulations set up by the commission, as provided for herein.
7-5 State eleemosynary institutions and institutions and agencies of
7-6 higher learning shall be excepted from the terms of this article
7-7 that relate to the disposition of their surplus or salvage
7-8 property.
7-9 SECTION 2.07. Article 9, State Purchasing and General
7-10 Services Act (Article 601b, Vernon's Texas Civil Statutes), is
7-11 amended by adding Sections 9.16 and 9.17 to read as follows:
7-12 Sec. 9.16. FEDERAL SURPLUS PROPERTY. (a) The commission is
7-13 the designated state agency under Section 484(j) of the Federal
7-14 Property and Administrative Services Act.
7-15 (b) The commission may:
7-16 (1) acquire and warehouse federal property allocated
7-17 to the commission under the Federal Property and Administrative
7-18 Services Act; and
7-19 (2) distribute the property:
7-20 (A) to an entity or institution that meets the
7-21 qualifications for eligibility for the property under the Federal
7-22 Property and Administrative Services Act; and
7-23 (B) without complying with the provisions of
7-24 this article that relate to the disposition of surplus state agency
7-25 property.
7-26 (c) The commission may:
7-27 (1) disseminate information and assist a potential
8-1 applicant regarding the availability of federal surplus real
8-2 property;
8-3 (2) assist in the processing of an application for
8-4 acquisition of federal real property and related personal property
8-5 under Section 484(k) of the Federal Property and Administrative
8-6 Services Act;
8-7 (3) assist in assuring use of the property; and
8-8 (4) engage in an activity relating to the use of
8-9 federal surplus property by another state agency, institution, or
8-10 organization engaging in or receiving assistance under a federal
8-11 program.
8-12 (d) The commission shall:
8-13 (1) file a state plan of operation that complies with
8-14 federal law and operate in accordance with the plan;
8-15 (2) take necessary action to meet the minimum
8-16 standards for a state agency in accordance with the Federal
8-17 Property and Administrative Services Act; and
8-18 (3) cooperate to the fullest extent consistent with
8-19 this section.
8-20 (e) The commission may:
8-21 (1) make the necessary certifications and undertake
8-22 necessary action, including an investigation;
8-23 (2) make expenditures or reports that may be required
8-24 by federal law or regulation or that are otherwise necessary to
8-25 provide for the proper and efficient management of the commission's
8-26 functions under this section;
8-27 (3) provide information and reports relating to the
9-1 commission's activities under this section that may be required by
9-2 a federal agency or department; and
9-3 (4) adopt rules necessary for the efficient operation
9-4 of its activities under this section or as may be required by
9-5 federal law or regulation.
9-6 (f) The commission may enter into an agreement, including:
9-7 (1) a cooperative agreement with a federal agency
9-8 under Section 484(n) of the Federal Property and Administrative
9-9 Services Act;
9-10 (2) an agreement with a state agency for surplus
9-11 property of a state agency that will promote the administration of
9-12 the commission's functions under this section; or
9-13 (3) an agreement with a group or association of state
9-14 agencies for surplus property that will promote the administration
9-15 of the commission's functions under this section.
9-16 (g) The commission may act as an information clearinghouse
9-17 for an entity or institution that may be eligible to acquire
9-18 federal surplus property and may assist, as necessary, the entity
9-19 or institution to obtain federal surplus property.
9-20 (h) The commission may:
9-21 (1) acquire and hold title or make capital
9-22 improvements to real property, in accordance with Subsection (i) of
9-23 this section; or
9-24 (2) make an advance payment of rent for a distribution
9-25 center, office space, or another facility that is required to carry
9-26 out the commission's functions under this section.
9-27 (i) The commission may collect a service charge for the
10-1 commission's acquisition, warehousing, distribution, or transfer of
10-2 property. The commission may not collect a charge for real
10-3 property in an amount that is greater than the reasonable
10-4 administrative cost the commission incurs in transferring the
10-5 property.
10-6 (j) A charge collected under Subsection (i) of this section
10-7 shall be deposited in the state treasury to the credit of the
10-8 surplus property service charge fund and income earned on money in
10-9 the surplus property service charge fund shall be credited to that
10-10 fund. Money in the fund may be used only to carry out the
10-11 functions of the commission under this section.
10-12 (k) The commission may appoint advisory boards and
10-13 committees necessary and suitable to administer this section.
10-14 (l) The commission may employ, compensate, and prescribe the
10-15 duties of personnel, other than members of advisory boards and
10-16 committees, necessary and suitable to administer this section. A
10-17 personnel position may only be filled by an individual selected and
10-18 appointed on a nonpartisan merit basis.
10-19 Sec. 9.17. ADMINISTRATIVE COST RECOVERY STUDY. The
10-20 commission shall conduct a study to determine if its functions
10-21 under this article of this Act can be made self-supporting by
10-22 charging fees for commission services. If the commission
10-23 determines that a function can be made self-supporting through
10-24 charging fees, the commission shall prepare a fee implementation
10-25 plan. Before January 1, 1995, the commission shall report to each
10-26 member of the legislature the results of the study and the
10-27 implementation plan for fee recovery, if any. This section expires
11-1 January 1, 1995.
11-2 SECTION 2.08. Section 403.271(a), Government Code, is
11-3 amended to read as follows:
11-4 (a) This subchapter applies to:
11-5 (1) all personal property belonging to the state; and
11-6 (2) real and personal property acquired by or
11-7 otherwise under the jurisdiction of the state under 40 U.S.C.
11-8 Section 483c, 484(j), or 484(k), and Section 9.16, State Purchasing
11-9 and General Services Act (Article 601b, Vernon's Texas Civil
11-10 Statutes).
11-11 SECTION 2.09. (a) The General Services Commission and the
11-12 Texas Surplus Property Agency shall coordinate the transfer of all
11-13 Texas Surplus Property Agency functions to the General Services
11-14 Commission as required by this part. The administrative functions
11-15 of the Texas Surplus Property Agency are transferred to Austin.
11-16 (b) The transfer of all functions from the Texas Surplus
11-17 Property Agency to the General Services Commission shall be
11-18 accomplished as soon as practicable, but not later than the 45th
11-19 day after the effective date of this part, at which time the Texas
11-20 Surplus Property Agency is abolished.
11-21 (c) The transfer required by this part includes the transfer
11-22 of all assets, duties, powers, obligations, and liabilities,
11-23 including contracts, leases, real or personal property, funds,
11-24 employees, furniture, computers and other equipment, and files and
11-25 related materials used by the Texas Surplus Property Agency.
11-26 (d) A form, rule, or procedure adopted by the Texas Surplus
11-27 Property Agency that is in effect on the effective date of this
12-1 part remains in effect on and after that date as if adopted by the
12-2 General Services Commission until amended, repealed, withdrawn, or
12-3 otherwise superseded by the commission.
12-4 (e) All unexpended appropriations made to the Texas Surplus
12-5 Property Agency are transferred to the General Services Commission.
12-6 SECTION 2.10. The following laws are repealed:
12-7 (1) Chapter 32, Acts of the 62nd Legislature, Regular
12-8 Session, 1971 (Article 6252-6b, Vernon's Texas Civil Statutes); and
12-9 (2) Sections 9.04(d), (e), and (g), State Purchasing
12-10 and General Services Act (Article 601b, Vernon's Texas Civil
12-11 Statutes).
12-12 SECTION 2.11. This part takes effect September 1, 1993,
12-13 except that:
12-14 (1) the amendment to Section 403.271(a), Government
12-15 Code, takes effect when Subchapter L, Chapter 403, Government Code,
12-16 as added by Section 2.30, Chapter 8, Acts of the 72nd Legislature,
12-17 2nd Called Session, 1991, takes effect; and
12-18 (2) the amendment to Section 8.01(a), State Purchasing
12-19 and General Services Act (Article 601b, Vernon's Texas Civil
12-20 Statutes), does not take effect if on or before September 1, 1993,
12-21 Article 8, State Purchasing and General Services Act (Article 601b,
12-22 Vernon's Texas Civil Statutes), is repealed on certification by the
12-23 comptroller of the implementation of the fixed asset component of
12-24 the uniform statewide accounting system, in accordance with Section
12-25 6.01(d), Chapter 8, Acts of the 72nd Legislature, 2nd Called
12-26 Session, 1991.
12-27 PART 3. EMERGENCY
13-1 SECTION 3.01. The importance of this legislation and the
13-2 crowded condition of the calendars in both houses create an
13-3 emergency and an imperative public necessity that the
13-4 constitutional rule requiring bills to be read on three several
13-5 days in each house be suspended, and this rule is hereby suspended,
13-6 and that this Act take effect and be in force according to its
13-7 terms, and it is so enacted.