1-1 By: Haley S.B. No. 381
1-2 (In the Senate - Filed February 17, 1993; February 18, 1993,
1-3 read first time and referred to Committee on State Affairs;
1-4 March 5, 1993, reported adversely, with favorable Committee
1-5 Substitute by the following vote: Yeas 11, Nays 0; March 5, 1993,
1-6 sent to printer.)
1-7 COMMITTEE VOTE
1-8 Yea Nay PNV Absent
1-9 Harris of Dallas x
1-10 Rosson x
1-11 Carriker x
1-12 Henderson x
1-13 Leedom x
1-14 Lucio x
1-15 Luna x
1-16 Nelson x
1-17 Patterson x
1-18 Shelley x
1-19 Sibley x
1-20 West x
1-21 Whitmire x
1-22 COMMITTEE SUBSTITUTE FOR S.B. No. 381 By: Lucio
1-23 A BILL TO BE ENTITLED
1-24 AN ACT
1-25 relating to the acquisition or provision of goods, services, and
1-26 records by the state.
1-27 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-28 PART 1. GENERAL STATE PURCHASING PROCESS
1-29 SECTION 1.01. The State Purchasing and General Services Act
1-30 (Article 601b, Vernon's Texas Civil Statutes) is amended by adding
1-31 Article 3A to read as follows:
1-32 ARTICLE 3A. PURCHASING
1-33 Sec. 3A.01. APPLICABILITY. This article applies to the
1-34 acquisition of goods and services by the state.
1-35 Sec. 3A.02. ACQUISITION METHODS. The state may acquire
1-36 goods or services on the open market, under statewide or regional
1-37 contracts, or by any other method that is most advantageous to the
1-38 state.
1-39 Sec. 3A.03. SELECTION OF VENDOR. The commission or any
1-40 state agency that selects a vendor to provide goods or services is
1-41 not required to select the vendor that provides the goods or
1-42 services at the lowest price, but may exercise its best discretion
1-43 and consider any factor that a prudent private business entity
1-44 would consider in selecting a vendor, including:
1-45 (1) price;
1-46 (2) the reputation of the vendor and the vendor's
1-47 goods or services;
1-48 (3) the quality of the vendor's goods or services;
1-49 (4) the extent to which the goods or services meet the
1-50 needs of the state;
1-51 (5) the vendor's past relationship with the state or
1-52 with the agency, if any; and
1-53 (6) the total long-term cost to the state of acquiring
1-54 a vendor's goods or services.
1-55 Sec. 3A.04. CENTRAL AUTOMATED PURCHASING SYSTEM. (a) The
1-56 commission shall design and administer a central automated
1-57 purchasing system. The system must be compatible with the uniform
1-58 statewide accounting system. State agencies must be able to use
1-59 the system to select goods or services from an automated catalogue,
1-60 order the goods or services electronically, and enter
1-61 electronically the fact of receipt of the goods or services on the
1-62 system. An entry of receipt on the system will serve as an
1-63 authorization for the comptroller to pay the vendor, if the
1-64 comptroller verifies that the agency is authorized under law to
1-65 purchase the goods or services.
1-66 (b) A state agency shall designate the persons who are
1-67 authorized to enter purchase orders or other information on the
1-68 system.
2-1 (c) The commission and the comptroller may adopt rules to
2-2 administer this section.
2-3 Sec. 3A.05. COMMISSION ROLE IN STATE ACQUISITION OF GOODS
2-4 AND SERVICES. The commission shall obtain goods and services for
2-5 state agencies under statewide or regional contracts, to the extent
2-6 that that is advantageous for the state. The commission shall
2-7 advise state agencies on request on purchases the state agencies
2-8 make themselves. The commission shall develop statewide quality
2-9 specifications for certain goods and services when that is
2-10 appropriate. The commission on request may deploy purchasing
2-11 specialists to advise and assist agencies with agency procurements.
2-12 The commission on request shall inspect goods received by an agency
2-13 for quality and for conformity to specifications.
2-14 Sec. 3A.06. STATE AGENCY ROLE IN ACQUISITION OF ITS GOODS
2-15 AND SERVICES. A state agency may use its discretion to acquire for
2-16 itself the goods and services it needs, subject to any applicable
2-17 limitations prescribed by the General Appropriations Act, unless
2-18 goods or services that are suitable for the agency's needs are
2-19 available under a statewide or regional contract. An agency shall
2-20 acquire goods or services listed on the central automated
2-21 purchasing system if that is most advantageous for the state.
2-22 Sec. 3A.07. CATALOGUE PURCHASE PROCEDURE. (a) A vendor who
2-23 wants to sell or lease automated information systems under this
2-24 section to state agencies covered by the Information Resources
2-25 Management Act (Article 4413(32j), Revised Statutes) shall apply to
2-26 the commission for designation as a "qualified information systems
2-27 vendor" according to an application process promulgated by the
2-28 commission. At a minimum, the application process shall include
2-29 submission of the following elements:
2-30 (1) a catalogue containing all products and services
2-31 eligible for purchase by state agencies, including descriptions of
2-32 each product or service, the list price of each product or service,
2-33 and the price to state agencies of each product or service;
2-34 (2) a maintenance, repair, and support plan for all
2-35 eligible products and services;
2-36 (3) proof of the applicant's financial resources and
2-37 ability to perform; and
2-38 (4) a guarantee that the vendor will make available
2-39 equivalent replacement parts for products sold to Texas for at
2-40 least three years from the date of a product's discontinuation.
2-41 (b) Within 90 days of the effective date of this section,
2-42 the commission shall establish standards and criteria for
2-43 designating qualified information systems vendors on a regional and
2-44 statewide basis. A vendor remains qualified until the commission
2-45 determines the vendor fails to meet the criteria set forth in this
2-46 section. Vendors granted regional status may sell catalogue-listed
2-47 products and services directly to state agencies covered by the
2-48 Information Resources Management Act (Article 4413(32j), Revised
2-49 Statutes) within a region defined by the commission. Vendors
2-50 granted statewide status may sell catalogue-listed products and
2-51 services directly to any state agency covered by the Information
2-52 Resources Management Act (Article 4413(32j), Revised Statutes).
2-53 The commission's standards and criteria shall be developed in
2-54 accordance with the following parameters:
2-55 (1) the ability of the vendor to provide adequate and
2-56 reliable support and maintenance;
2-57 (2) the vendor's ability to provide adequate and
2-58 reliable support and maintenance in the future;
2-59 (3) the technical adequacy and reliability of the
2-60 vendor's products; and
2-61 (4) consistency with standards adopted by the
2-62 Department of Information Resources.
2-63 (c) If a vendor is designated by the commission as a
2-64 qualified information systems vendor, the vendor shall publish and
2-65 maintain a catalogue containing all products and services eligible
2-66 for purchase by state agencies, including descriptions of each
2-67 product or service, the list price of each product or service, and
2-68 the price to state agencies of each product or service. The vendor
2-69 shall update the catalogue on an as-needed basis to reflect changes
2-70 in price or the availability of products or services and shall
3-1 forward a copy of each updated catalogue to the commission and all
3-2 eligible purchasers.
3-3 (d) A state agency covered by the Information Resources
3-4 Management Act (Article 4413(32j), Revised Statutes) may purchase
3-5 or lease automated information systems directly from a qualified
3-6 information systems vendor and may negotiate additional terms and
3-7 conditions to be included in contracts relating to the purchase or
3-8 lease, provided the purchase or lease is based on the best value
3-9 available and is in the state's best interest. In determining
3-10 which products or services are in the state's best interest, the
3-11 agency shall consider the following factors:
3-12 (1) installation costs and hardware costs;
3-13 (2) the overall life-cycle cost of the system or
3-14 equipment;
3-15 (3) estimated cost of employee training and estimated
3-16 increase in employee productivity;
3-17 (4) estimated software and maintenance costs; and
3-18 (5) compliance with applicable statewide standards
3-19 adopted by the Department of Information Resources as validated by
3-20 criteria established by the department in administrative rules.
3-21 (e) The commission shall establish rules and regulations and
3-22 implement the catalogue purchase procedure set forth in this
3-23 section no later than January 1, 1994.
3-24 (f) Purchases of automated information systems shall be made
3-25 through the catalogue procedure enumerated in this section unless
3-26 the commission determines that the best value available accrues
3-27 from an alternative purchase method authorized by this Act.
3-28 SECTION 1.02. Section 1.02, State Purchasing and General
3-29 Services Act (Article 601b, Vernon's Texas Civil Statutes), is
3-30 amended by adding Subdivisions (4), (5), and (6) to read as
3-31 follows:
3-32 (4) "Automated information systems" means any
3-33 automated information systems, the computers on which they are
3-34 automated, or a service related to the automation of information
3-35 systems or the computers on which they are automated, including
3-36 computer software, awarded to a vendor by a state agency covered by
3-37 the Information Resources Management Act (Article 4413(32j),
3-38 Revised Statutes) or any telecommunications apparatus or device
3-39 that serves as a component of a voice, data, or video
3-40 communications network for the purpose of transmitting, switching,
3-41 routing, multiplexing, modulating, amplifying, or receiving signals
3-42 on that network.
3-43 (5) "Best value" means lowest overall cost of
3-44 automated information systems based on the following factors
3-45 including but not limited to:
3-46 (A) purchase price;
3-47 (B) compatibility to facilitate exchange of
3-48 existing data;
3-49 (C) capacity for expansion and upgrading to more
3-50 advanced levels of technology;
3-51 (D) quantitative reliability factors;
3-52 (E) the level of training required to bring
3-53 end-users to a stated level of proficiency;
3-54 (F) the technical support requirements for
3-55 maintenance of data across a network platform and management of the
3-56 network's hardware and software; and
3-57 (G) compliance with applicable statewide
3-58 standards adopted by the Department of Information Resources as
3-59 validated by criteria established by the department in
3-60 administrative rules.
3-61 (6) "Qualified information systems vendor" means
3-62 manufacturers or wholesale sellers of automated information systems
3-63 who are authorized by the commission to publish catalogues of
3-64 products and services which may be directly purchased by state
3-65 agencies covered by the Information Resources Management Act
3-66 (Article 4413(32j), Revised Statutes).
3-67 SECTION 1.03. Article 3, State Purchasing and General
3-68 Services Act (Article 601b, Vernon's Texas Civil Statutes), is
3-69 repealed.
3-70 SECTION 1.04. (a) Sections 4 through 8, 11, and 18,
4-1 Information Resources Management Act (Article 4413(32j), Revised
4-2 Statutes), are repealed.
4-3 (b) All functions of the Department of Information Resources
4-4 under the Information Resources Management Act (Article 4413(32j),
4-5 Revised Statutes) and other law are transferred to the General
4-6 Services Commission. The Department of Information Resources is
4-7 abolished. All powers, duties, rights, obligations, property,
4-8 funds, employees, and unspent appropriations of the department are
4-9 transferred to the commission. All rules of the department that do
4-10 not implement repealed law are continued in effect as rules of the
4-11 commission until superseded by the commission. Any reference in
4-12 law to the Department of Information Resources or the Automated
4-13 Information and Telecommunications Council means the General
4-14 Services Commission. This section does not increase the
4-15 proportionate representation of the commission on any entity on
4-16 which the commission and the department both have representatives.
4-17 SECTION 1.05. The comptroller and General Services
4-18 Commission shall each appoint representatives to a working group
4-19 that will prepare for and monitor the implementation of Article 3A,
4-20 State Purchasing and General Services Act (Article 601b, Vernon's
4-21 Texas Civil Statutes), as added by this part.
4-22 SECTION 1.06. Sections 1.01, 1.02, and 1.03 of this part
4-23 take effect September 1, 1994. This section and Sections 1.04 and
4-24 1.05 of this part take effect immediately.
4-25 PART 2. ABOLITION OF TEXAS SURPLUS PROPERTY AGENCY
4-26 SECTION 2.01. Subsection (a), Section 8.01, State Purchasing
4-27 and General Services Act (Article 601b, Vernon's Texas Civil
4-28 Statutes), is amended to read as follows:
4-29 (a) This article applies to:
4-30 (1) personal property belonging to the state; and
4-31 (2) real or personal property acquired by or otherwise
4-32 under the commission's jurisdiction under Section 9.16 of this Act
4-33 and 40 U.S.C. Section 483c, 484(j), or 484(k).
4-34 SECTION 2.02. Subsection (a), Section 9.01, State Purchasing
4-35 and General Services Act (Article 601b, Vernon's Texas Civil
4-36 Statutes), is amended by amending Subdivisions (3) and (4) and
4-37 adding Subdivision (8) to read as follows:
4-38 (3) "Property" means personal property. The term does
4-39 not include real property, or any interest in real property, except
4-40 federal real property acquired under Section 9.16 of this article
4-41 and Section 484(k), Federal Property and Administrative Services
4-42 Act. Personal<; however, personal> property affixed to real
4-43 property may be sold under this law if its removal and disposition
4-44 is to carry out a lawful objective under this law or any other law.
4-45 The term includes property lawfully confiscated and subject to
4-46 disposal by a state agency.
4-47 (4) "Surplus property":
4-48 (A) means:
4-49 (i) any personal property which is in
4-50 excess of the needs of any state agency and which is not required
4-51 for its foreseeable needs; or
4-52 (ii) federal surplus property acquired by
4-53 the commission or otherwise under the commission's jurisdiction
4-54 under Section 9.16 of this article and Section 483c, 484(j), or
4-55 484(k), Federal Property and Administrative Services Act; and
4-56 (B) includes property that<. Surplus property>
4-57 may be used or new but possesses some usefulness for the purpose
4-58 for which it was intended or for some other purpose.
4-59 (8) "Federal Property and Administrative Services Act"
4-60 means the Federal Property and Administrative Services Act of 1949
4-61 (40 U.S.C. Section 484).
4-62 SECTION 2.03. Section 9.02, State Purchasing and General
4-63 Services Act (Article 601b, Vernon's Texas Civil Statutes), is
4-64 amended to read as follows:
4-65 Sec. 9.02. Establishment of Procedures. The commission
4-66 shall establish and maintain procedures for the transfer, sale, or
4-67 disposal, as prescribed by law, of:
4-68 (1) surplus and salvage property no longer needed by
4-69 state agencies; and
4-70 (2) federal surplus property that the state acquires
5-1 under the Federal Property and Administrative Services Act.
5-2 SECTION 2.04. Section 9.03, State Purchasing and General
5-3 Services Act (Article 601b, Vernon's Texas Civil Statutes), is
5-4 amended to read as follows:
5-5 Sec. 9.03. Mailing lists of assistance organizations and
5-6 political subdivisions. The commission shall maintain a mailing
5-7 list, renewable annually, of assistance organizations and political
5-8 subdivision purchasing agents or other officers performing similar
5-9 functions who have asked for information on surplus or salvage
5-10 equipment or material the state may have available. <The
5-11 commission shall provide the list to the Texas Surplus Property
5-12 Agency.>
5-13 SECTION 2.05. Subsection (a), Section 9.05, State Purchasing
5-14 and General Services Act (Article 601b, Vernon's Texas Civil
5-15 Statutes), is amended to read as follows:
5-16 (a) If surplus or salvage property of a state agency is not
5-17 disposed of under the provisions of Section 9.04 of this article,
5-18 the commission shall sell the property by competitive bid or
5-19 auction or delegate to the state agency having possession of the
5-20 property the authority to sell the property on a competitive bid
5-21 basis. The commission or agency shall collect a fee from the
5-22 purchaser. The commission shall set the fee in an amount to
5-23 recover the costs associated with the sale of the property, but the
5-24 amount may not be less than two percent nor more than 12 percent of
5-25 the proceeds from the sale of the property.
5-26 SECTION 2.06. Section 9.14, State Purchasing and General
5-27 Services Act (Article 601b, Vernon's Texas Civil Statutes), is
5-28 amended to read as follows:
5-29 Sec. 9.14. Authorization of Agencies to Dispose of Property.
5-30 The commission may authorize an agency to dispose of surplus or
5-31 salvage property where the agency demonstrates to the commission
5-32 its ability to make such disposition under the rules and
5-33 regulations set up by the commission, as provided for herein.
5-34 State eleemosynary institutions and institutions and agencies of
5-35 higher learning shall be excepted from the terms of this article
5-36 that relate to the disposition of their surplus or salvage
5-37 property.
5-38 SECTION 2.07. Article 9, State Purchasing and General
5-39 Services Act (Article 601b, Vernon's Texas Civil Statutes), is
5-40 amended by adding Sections 9.16 and 9.17 to read as follows:
5-41 Sec. 9.16. FEDERAL SURPLUS PROPERTY. (a) The commission is
5-42 the designated state agency under Section 484(j) of the Federal
5-43 Property and Administrative Services Act.
5-44 (b) The commission may:
5-45 (1) acquire and warehouse federal property allocated
5-46 to the commission under the Federal Property and Administrative
5-47 Services Act; and
5-48 (2) distribute the property:
5-49 (A) to an entity or institution that meets the
5-50 qualifications for eligibility for the property under the Federal
5-51 Property and Administrative Services Act; and
5-52 (B) without complying with the provisions of
5-53 this article that relate to the disposition of surplus state agency
5-54 property.
5-55 (c) The commission may:
5-56 (1) disseminate information and assist a potential
5-57 applicant regarding the availability of federal surplus real
5-58 property;
5-59 (2) assist in the processing of an application for
5-60 acquisition of federal real property and related personal property
5-61 under Section 484(k) of the Federal Property and Administrative
5-62 Services Act;
5-63 (3) assist in assuring use of the property; and
5-64 (4) engage in an activity relating to the use of
5-65 federal surplus property by another state agency, institution, or
5-66 organization engaging in or receiving assistance under a federal
5-67 program.
5-68 (d) The commission shall:
5-69 (1) file a state plan of operation that complies with
5-70 federal law and operate in accordance with the plan;
6-1 (2) take necessary action to meet the minimum
6-2 standards for a state agency in accordance with the Federal
6-3 Property and Administrative Services Act; and
6-4 (3) cooperate to the fullest extent consistent with
6-5 this section.
6-6 (e) The commission may:
6-7 (1) make the necessary certifications and undertake
6-8 necessary action, including an investigation;
6-9 (2) make expenditures or reports that may be required
6-10 by federal law or regulation or that are otherwise necessary to
6-11 provide for the proper and efficient management of the commission's
6-12 functions under this section;
6-13 (3) provide information and reports relating to the
6-14 commission's activities under this section that may be required by
6-15 a federal agency or department; and
6-16 (4) adopt rules necessary for the efficient operation
6-17 of its activities under this section or as may be required by
6-18 federal law or regulation.
6-19 (f) The commission may enter into an agreement, including:
6-20 (1) a cooperative agreement with a federal agency
6-21 under Section 484(n) of the Federal Property and Administrative
6-22 Services Act;
6-23 (2) an agreement with a state agency for surplus
6-24 property of a state agency that will promote the administration of
6-25 the commission's functions under this section; or
6-26 (3) an agreement with a group or association of state
6-27 agencies for surplus property that will promote the administration
6-28 of the commission's functions under this section.
6-29 (g) The commission may act as an information clearinghouse
6-30 for an entity or institution that may be eligible to acquire
6-31 federal surplus property and may assist, as necessary, the entity
6-32 or institution to obtain federal surplus property.
6-33 (h) The commission may:
6-34 (1) acquire and hold title or make capital
6-35 improvements to real property in accordance with Subsection (i) of
6-36 this section; or
6-37 (2) make an advance payment of rent for a distribution
6-38 center, office space, or another facility that is required to carry
6-39 out the commission's functions under this section.
6-40 (i) The commission may collect a service charge for the
6-41 commission's acquisition, warehousing, distribution, or transfer of
6-42 property. The commission may not collect a charge for real
6-43 property in an amount that is greater than the reasonable
6-44 administrative cost the commission incurs in transferring the
6-45 property.
6-46 (j) A charge collected under Subsection (i) of this section
6-47 shall be deposited in the state treasury to the credit of the
6-48 surplus property service charge fund, and income earned on money
6-49 in the surplus property service charge fund shall be credited to
6-50 that fund. Money in the fund may be used only to carry out the
6-51 functions of the commission under this section.
6-52 (k) The commission may appoint advisory boards and
6-53 committees necessary and suitable to administer this section.
6-54 (l) The commission may employ, compensate, and prescribe the
6-55 duties of personnel, other than members of advisory boards and
6-56 committees, necessary and suitable to administer this section. A
6-57 personnel position may only be filled by an individual selected and
6-58 appointed on a nonpartisan merit basis.
6-59 Sec. 9.17. ADMINISTRATIVE COST RECOVERY STUDY. The
6-60 commission shall conduct a study to determine if its functions
6-61 under this article can be made self-supporting by charging fees for
6-62 commission services. If the commission determines that a function
6-63 can be made self-supporting through charging fees, the commission
6-64 shall prepare a fee implementation plan. Before January 1, 1995,
6-65 the commission shall report to each member of the legislature the
6-66 results of the study and the implementation plan for fee recovery,
6-67 if any. This section expires January 1, 1995.
6-68 SECTION 2.08. Subsection (a), Section 403.271, Government
6-69 Code, is amended to read as follows:
6-70 (a) This subchapter applies to:
7-1 (1) all personal property belonging to the state; and
7-2 (2) real and personal property acquired by or
7-3 otherwise under the jurisdiction of the state under 40 U.S.C.
7-4 Section 483c, 484(j), or 484(k), and Section 9.16, State Purchasing
7-5 and General Services Act (Article 601b, Vernon's Texas Civil
7-6 Statutes).
7-7 SECTION 2.09. (a) The General Services Commission and the
7-8 Texas Surplus Property Agency shall coordinate the transfer of all
7-9 Texas Surplus Property Agency functions to the General Services
7-10 Commission as required by this part. The administrative functions
7-11 of the Texas Surplus Property Agency are transferred to Austin.
7-12 (b) The transfer of all functions from the Texas Surplus
7-13 Property Agency to the General Services Commission shall be
7-14 accomplished as soon as practicable, but not later than the 45th
7-15 day after the effective date of this part, at which time the Texas
7-16 Surplus Property Agency is abolished.
7-17 (c) The transfer required by this part includes the transfer
7-18 of all assets, duties, powers, obligations, and liabilities,
7-19 including contracts, leases, real or personal property, funds,
7-20 employees, furniture, computers and other equipment, and files and
7-21 related materials used by the Texas Surplus Property Agency.
7-22 (d) A form, rule, or procedure adopted by the Texas Surplus
7-23 Property Agency that is in effect on the effective date of this
7-24 part remains in effect on and after that date as if adopted by the
7-25 General Services Commission until amended, repealed, withdrawn, or
7-26 otherwise superseded by the commission.
7-27 (e) All unexpended appropriations made to the Texas Surplus
7-28 Property Agency are transferred to the General Services Commission.
7-29 SECTION 2.10. The following laws are repealed:
7-30 (1) Chapter 32, Acts of the 62nd Legislature, Regular
7-31 Session, 1971 (Article 6252-6b, Vernon's Texas Civil Statutes); and
7-32 (2) Subsections (d), (e), and (g), Section 9.04, State
7-33 Purchasing and General Services Act (Article 601b, Vernon's Texas
7-34 Civil Statutes).
7-35 SECTION 2.11. This part takes effect September 1, 1993,
7-36 except that:
7-37 (1) the amendment to Subsection (a), Section 403.271,
7-38 Government Code, takes effect when Subchapter L, Chapter 403,
7-39 Government Code, as added by Section 2.30, Chapter 8, Acts of the
7-40 72nd Legislature, 2nd Called Session, 1991, takes effect; and
7-41 (2) the amendment to Subsection (a), Section 8.01,
7-42 State Purchasing and General Services Act (Article 601b, Vernon's
7-43 Texas Civil Statutes), does not take effect if on or before
7-44 September 1, 1993, Article 8, State Purchasing and General Services
7-45 Act (Article 601b, Vernon's Texas Civil Statutes), is repealed on
7-46 certification by the comptroller of the implementation of the fixed
7-47 asset component of the uniform statewide accounting system, in
7-48 accordance with Subsection (d), Section 6.01, Chapter 8, Acts of
7-49 the 72nd Legislature, 2nd Called Session, 1991.
7-50 PART 3. TRAVEL
7-51 SECTION 3.01. Section 14.01, State Purchasing and General
7-52 Services Act (Article 601b, Vernon's Texas Civil Statutes), is
7-53 amended to read as follows:
7-54 Sec. 14.01. Division. The travel division of the commission
7-55 is composed of the central travel office and the office of vehicle
7-56 fleet maintenance. The commission shall adopt rules to implement
7-57 this article, including rules related to:
7-58 (1) the structure of travel agency contracts that the
7-59 commission makes;
7-60 (2) the procedures the commission uses in requesting
7-61 and evaluating bids or proposals for travel agency contracts from
7-62 providers; <and>
7-63 (3) the use of negotiated contract rates for travel
7-64 services by state agencies; and
7-65 (4) exemptions from the prohibition prescribed by
7-66 Section 14.02(d) of this article.
7-67 SECTION 3.02. Subsections (b) and (c), Section 14.02, State
7-68 Purchasing and General Services Act (Article 601b, Vernon's Texas
7-69 Civil Statutes), are amended to read as follows:
7-70 (b) The central travel office shall initially provide
8-1 services to designated agencies located in Travis County and shall
8-2 extend its services to all state agencies as it develops the
8-3 capability to do so. The office may negotiate contracts with
8-4 private travel agents, with travel and transportation providers,
8-5 and with credit card companies that provide travel services and
8-6 other benefits to the state. The commission shall make contracts
8-7 with more than one provider of travel agency services. Contracts
8-8 entered into under this section are not subject to the competitive
8-9 bidding requirements imposed under Article 3 of this Act. The
8-10 comptroller of public accounts shall audit travel vouchers in
8-11 accordance with Chapter 403, Government Code, and its subsequent
8-12 amendments, for compliance with <of> rules adopted to enforce the
8-13 provisions of this section.
8-14 (c) State agencies in the executive branch of state
8-15 government shall participate in accordance with commission rules in
8-16 the commission's contracts for travel services<, provided that
8-17 institutions of higher education as defined by Section 61.003,
8-18 Education Code, shall not be required to participate in the
8-19 commission's contracts for travel agency services>. The commission
8-20 may provide by rule for exemptions from required participation.
8-21 Agencies of the state that are not required to participate in
8-22 commission contracts for travel services may participate as
8-23 provided by Subsection (a) of this section.
8-24 SECTION 3.03. Section 14.02, State Purchasing and General
8-25 Services Act (Article 601b, Vernon's Texas Civil Statutes), is
8-26 amended by adding Subsections (d) and (e) to read as follows:
8-27 (d) This subsection applies only to a state agency in the
8-28 executive branch of state government that is required to
8-29 participate in the commission's contracts for travel services.
8-30 Except as provided by commission rule, a state agency may not:
8-31 (1) purchase commercial airline or rental car
8-32 transportation if the amount of the purchase exceeds the amount of
8-33 the central travel office's contracted fares or rates; or
8-34 (2) reimburse a person for the purchase of commercial
8-35 airline or rental car transportation for the amount that exceeds
8-36 the amount of the central travel office's contracted fares or
8-37 rates.
8-38 (e) The commission shall educate state agencies about
8-39 Subsection (d) of this section. The comptroller shall audit travel
8-40 vouchers in accordance with Chapter 403, Government Code, and its
8-41 subsequent amendments, for compliance with Subsection (d) of this
8-42 section. To facilitate the audit of the travel vouchers, the
8-43 commission shall consult with the comptroller before the commission
8-44 adopts rules or procedures under Subsection (d) of this section.
8-45 SECTION 3.04. This part takes effect September 1, 1993,
8-46 except that Sections 3.01 and 3.03 of this part take effect January
8-47 1, 1994.
8-48 PART 4. MAIL
8-49 SECTION 4.01. Article 11, State Purchasing and General
8-50 Services Act (Article 601b, Vernon's Texas Civil Statutes), is
8-51 amended by adding Section 11.021 to read as follows:
8-52 Sec. 11.021. OUTGOING MAIL OPERATIONS. (a) This section
8-53 applies only to mail that is not interagency mail under Section
8-54 11.02 of this article and that is not intraagency mail.
8-55 (b) The commission shall evaluate and coordinate the mail
8-56 operations of state agencies. The commission shall adopt rules for
8-57 state agencies to implement this section.
8-58 (c) The commission shall achieve the maximum available
8-59 discount on postal rates in all cases in which acceptable levels of
8-60 timeliness, security, and quality of service can be maintained
8-61 notwithstanding the discounted rate.
8-62 (d) A state agency must receive approval from the commission
8-63 before the agency may:
8-64 (1) purchase, upgrade, or sell mail processing
8-65 equipment;
8-66 (2) contract with a private entity for mail
8-67 processing; or
8-68 (3) take actions that significantly affect the
8-69 agency's mail operations.
8-70 (e) The commission by interagency contract shall establish a
9-1 fee-for-service structure to charge and collect fees from each
9-2 state agency for the commission's services for mail operations.
9-3 The total amount charged a state agency under this section shall be
9-4 the same as the amount of the agency's appropriated funds for mail
9-5 and messenger operations, as determined by the Legislative Budget
9-6 Board, minus the agency's fixed costs for these services. The
9-7 commission shall transfer to the general revenue fund the amount of
9-8 a fee charged a state agency under this subsection that is greater
9-9 than the amount of the commission's actual expenses for performing
9-10 services for the agency.
9-11 (f) The commission shall adopt and distribute to each state
9-12 agency guidelines by which all state mail operations may be
9-13 measured and analyzed, using, to the extent possible, the services
9-14 of the United States Postal Service. The commission shall review
9-15 and update these guidelines not less often than once every two
9-16 years after the date of the adoption of the guidelines. Not later
9-17 than the 90th day after the date of the distribution of the initial
9-18 guidelines and not less often than annually after the date of that
9-19 distribution, the commission shall provide training to state agency
9-20 personnel who handle mail. The commission, to the extent possible,
9-21 may use the free training provided by the United States Postal
9-22 Service.
9-23 (g) If the commission determines that the upgrade of
9-24 existing commission mail equipment or the purchase of new mail
9-25 equipment is required to improve the mail operations of state
9-26 agencies, the commission shall prepare a cost-benefit analysis
9-27 demonstrating that the upgrade or purchase is more cost-effective
9-28 than contracting with a private entity to provide that equipment or
9-29 mail service.
9-30 (h) Not later than February 1, 1995, the commission shall
9-31 report to the legislature all significant changes in mail
9-32 operations under this section. The report shall include a
9-33 discussion of funds transferred to the general revenue fund under
9-34 Subsection (e) of this section. This subsection expires June 1,
9-35 1995.
9-36 SECTION 4.02. This part takes effect immediately.
9-37 PART 5. RECORDS COST RECOVERY
9-38 SECTION 5.01. In Sections 5.02 through 5.04 of this part:
9-39 (1) "State agency" has the meaning assigned to the
9-40 term "governmental body" by Paragraph (A), Subdivision (1), Section
9-41 2, Chapter 424, Acts of the 63rd Legislature, Regular Session, 1973
9-42 (Article 6252-17a, Vernon's Texas Civil Statutes), and its
9-43 subsequent amendments.
9-44 (2) "Commission" means the General Services
9-45 Commission.
9-46 (3) "Public records" has the meaning assigned by
9-47 Subdivision (2), Section 2, Chapter 424, Acts of the 63rd
9-48 Legislature, Regular Session, 1973 (Article 6252-17a, Vernon's
9-49 Texas Civil Statutes), and its subsequent amendments.
9-50 SECTION 5.02. (a) The commission shall conduct a study of
9-51 the charges made by state agencies for copies of public records.
9-52 (b) The attorney general, comptroller, Department of Public
9-53 Safety, Texas Department of Human Services, and Texas State Board
9-54 of Public Accountancy shall help conduct the study.
9-55 (c) The commission shall prepare a report of its findings
9-56 under the study and shall provide a copy of the report to each
9-57 state agency before December 1, 1993.
9-58 SECTION 5.03. (a) Each state agency shall review its
9-59 processes for providing access to and copies of public records and
9-60 shall analyze the charges the state agency makes for the copies.
9-61 (b) A state agency shall prepare a report of its review and
9-62 analysis and shall provide a copy of the report to the commission,
9-63 the Legislative Budget Board, and the comptroller before May 1,
9-64 1994.
9-65 (c) The commission shall assist a state agency without
9-66 accounting expertise in making the review and analysis required by
9-67 this section.
9-68 SECTION 5.04. (a) On September 1, 1993, each state agency
9-69 shall:
9-70 (1) increase by 15 percent the amount of any charge
10-1 the state agency has in place for providing a copy of a public
10-2 record; and
10-3 (2) increase by 25 percent the amount of any charge
10-4 the state agency has in place for providing a copy of a mailing
10-5 list.
10-6 (b) An increase in the amount that a state agency charges
10-7 for providing a copy imposed under Subsection (a) of this section
10-8 remains in effect only until the agency adopts the rules required
10-9 by Section 9A, Chapter 424, Acts of the 63rd Legislature, Regular
10-10 Session, 1973 (Article 6252-17a, Vernon's Texas Civil Statutes), as
10-11 added by this Act, and its subsequent amendments.
10-12 (c) This section does not apply to the Department of Public
10-13 Safety.
10-14 SECTION 5.05. Chapter 424, Acts of the 63rd Legislature,
10-15 Regular Session, 1973 (Article 6252-17a, Vernon's Texas Civil
10-16 Statutes), is amended by adding Section 9A to read as follows:
10-17 Sec. 9A. CHARGES FOR PUBLIC RECORDS BY STATE AGENCY.
10-18 (a) The General Services Commission by rule shall specify the
10-19 methods and procedures that a state agency may use in determining
10-20 the amounts that the agency should charge to recover:
10-21 (1) the full cost to the agency of providing copies of
10-22 public records under this Act; and
10-23 (2) the market value of a copy of a mailing list
10-24 provided under this Act. The commission shall prepare and
10-25 distribute to state agencies a handbook that compiles and explains
10-26 the methods and procedures for determining the cost and market
10-27 value.
10-28 (b) Each state agency by rule shall specify the charges the
10-29 agency will make for copies of public records. A state agency may
10-30 establish a charge for a copy of a public record that is equal to
10-31 the full cost to the agency of providing the copy.
10-32 (c) In providing a copy of a mailing list, a state agency
10-33 may charge a commercial user for the market value of the list. In
10-34 this subsection, "commercial user" means a purchaser of a public
10-35 record who intends to use the record for the purpose of selling,
10-36 advertising, or distributing a product or service.
10-37 (d)(1) A state agency shall pay to the comptroller for
10-38 deposit in an unobligated account designated by the comptroller in
10-39 the general revenue fund all money collected by the agency for
10-40 providing copies of public records.
10-41 (2) Of the total amount of money deposited in the
10-42 general revenue fund under Subdivision (1) of this subsection, the
10-43 comptroller may transfer 25 percent of the money collected for
10-44 providing copies of mailing lists and 15 percent of the money
10-45 collected for providing copies of other public records to the
10-46 general revenue fund.
10-47 (3) The comptroller shall adopt rules to administer
10-48 this subsection.
10-49 (e) This section is cumulative of Section 9 of this Act.
10-50 (f) In this section, "state agency" means a governmental
10-51 body described by Paragraph (A) of Subdivision (1) of Section 2 of
10-52 this Act.
10-53 SECTION 5.06. Sections 403.301 and 403.302, Government Code,
10-54 are repealed.
10-55 SECTION 5.07. This part takes effect immediately.
10-56 PART 6. EMERGENCY
10-57 SECTION 6.01. The importance of this legislation and the
10-58 crowded condition of the calendars in both houses create an
10-59 emergency and an imperative public necessity that the
10-60 constitutional rule requiring bills to be read on three several
10-61 days in each house be suspended, and this rule is hereby suspended,
10-62 and that this Act take effect and be in force according to its
10-63 terms, and it is so enacted.
10-64 * * * * *
10-65 Austin,
10-66 Texas
10-67 March 5, 1993
10-68 Hon. Bob Bullock
10-69 President of the Senate
10-70 Sir:
11-1 We, your Committee on State Affairs to which was referred S.B. No.
11-2 381, have had the same under consideration, and I am instructed to
11-3 report it back to the Senate with the recommendation that it do not
11-4 pass, but that the Committee Substitute adopted in lieu thereof do
11-5 pass and be printed.
11-6 Harris of
11-7 Dallas, Chairman
11-8 * * * * *
11-9 WITNESSES
11-10 FOR AGAINST ON
11-11 ___________________________________________________________________
11-12 Name: Wardaleen Belvin x
11-13 Representing: Lt Governor
11-14 City: Austin
11-15 -------------------------------------------------------------------
11-16 FOR AGAINST ON
11-17 ___________________________________________________________________
11-18 Name: Terri Salvaggio x
11-19 Representing: Comptroller's Office
11-20 City: Austin
11-21 -------------------------------------------------------------------
11-22 Name: Andrea Cowan x
11-23 Representing: Comptroller of Public Accts
11-24 City: Austin
11-25 -------------------------------------------------------------------
11-26 Name: Shannon Porterfield x
11-27 Representing: Comptroller of Public Accts
11-28 City: Austin
11-29 -------------------------------------------------------------------
11-30 Name: Cynthia Alexander x
11-31 Representing: Comptroller of Public Accts
11-32 City: Austin
11-33 -------------------------------------------------------------------
11-34 Name: Janet Reynolds x
11-35 Representing: State Auditor's Office
11-36 City: Austin
11-37 -------------------------------------------------------------------
11-38 Name: Randy Fritz x
11-39 Representing: Computer Coalition
11-40 City: Smithville
11-41 -------------------------------------------------------------------
11-42 Name: Robert Mayer x
11-43 Representing: Tx Surplus Property Agency
11-44 City: Dallas
11-45 -------------------------------------------------------------------
11-46 Name: Marvin Titzman x
11-47 Representing: Tx Surplus Property Agency
11-48 City: San Antonio
11-49 -------------------------------------------------------------------