By: Harris, Ike S.B. No. 1086
73R2304 MJW-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the continuation and operation of the General Services
1-3 Commission and to the transfer of certain functions to or from the
1-4 General Services Commission, the comptroller of public accounts,
1-5 the Texas Commission on Fire Protection, and the Texas Department
1-6 of Commerce.
1-7 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-8 SECTION 1. Section 1.03, State Purchasing and General
1-9 Services Act (Article 601b, Vernon's Texas Civil Statutes), is
1-10 amended to read as follows:
1-11 Sec. 1.03. Disadvantaged businesses. (a) The commission
1-12 <Office of Small Business Assistance of the Texas Department of
1-13 Commerce> shall certify businesses that are disadvantaged
1-14 businesses. As part of its certification procedures, the
1-15 commission <office> may approve a municipal program that certifies
1-16 disadvantaged businesses under substantially the same definition
1-17 prescribed by Section 1.02(3) of this Act and may certify
1-18 businesses certified by the municipality as disadvantaged
1-19 businesses under this Act.
1-20 (b) The commission <office> shall compile a directory of
1-21 businesses certified as disadvantaged businesses under Subsection
1-22 (a) of this section. The commission <office> shall update the
1-23 directory at least semiannually and provide a copy of the directory
1-24 to <the commission and> each state agency semiannually. The
2-1 commission shall provide access to the directory either
2-2 electronically or in another format, depending on the needs of each
2-3 state agency. On request, the commission shall make the directory
2-4 available to local governments and the public. The commission and
2-5 state agencies shall use the directory in determining awards of
2-6 state purchasing and public works contracts.
2-7 (c) The comptroller shall annually prepare a report based on
2-8 a compilation and analysis of <commission and each state agency
2-9 shall report to the office> the total number and dollar amount of
2-10 contracts awarded to disadvantaged businesses. The comptroller
2-11 shall submit the report <These reports shall be made each January
2-12 and July and shall report on the previous six-month period. The
2-13 office shall compile and analyze the reports and submit a report
2-14 based on the analysis> to the presiding officer of each house of
2-15 the legislature each February. The comptroller may require
2-16 information from a state agency, may adopt rules to administer this
2-17 subsection, and shall coordinate duties under this subsection with
2-18 the comptroller's duties under Section 3.101 of this Act.
2-19 (d) The commission shall offer assistance and training to
2-20 disadvantaged businesses regarding state procurement procedures.
2-21 The commission shall advise disadvantaged businesses of the
2-22 availability of state contracts and advise disadvantaged businesses
2-23 to enter the businesses' names on the state's bid list.
2-24 SECTION 2. Section 2.02, State Purchasing and General
2-25 Services Act (Article 601b, Vernon's Texas Civil Statutes), is
2-26 amended to read as follows:
2-27 Sec. 2.02. Membership. The commission is composed of six
3-1 members appointed by the governor with the advice and consent of
3-2 the senate. All members must be representatives of the general
3-3 public. Appointments to the commission shall be made without
3-4 regard to the race, color, disability <handicap>, sex, religion,
3-5 age, or national origin of the appointees. In making appointments
3-6 under this section, the governor shall attempt to appoint members
3-7 of different minority groups, including females, African-Americans,
3-8 Hispanic-Americans, Native Americans, and Asian-Americans. A
3-9 person is not eligible for appointment if the person or the
3-10 person's spouse:
3-11 (1) is employed by or participates in the management
3-12 of a business entity or other organization that contracts with the
3-13 commission;
3-14 (2) owns or controls, directly or indirectly, more
3-15 than a 10 percent interest in a business entity or other
3-16 organization that contracts with the state; or
3-17 (3) uses or receives a substantial amount of tangible
3-18 goods, services, or funds from the commission, other than
3-19 compensation or reimbursement authorized by law for commission
3-20 membership, attendance, or expenses.
3-21 SECTION 3. Section 2.06(i), State Purchasing and General
3-22 Services Act (Article 601b, Vernon's Texas Civil Statutes), is
3-23 amended to read as follows:
3-24 (i) The executive director or the executive director's
3-25 designee shall prepare and maintain a written policy statement to
3-26 assure implementation of a program of equal employment opportunity
3-27 under which all personnel transactions are made without regard to
4-1 race, color, disability <handicap>, sex, religion, age, or national
4-2 origin. The policy statement must include:
4-3 (1) personnel policies, including policies relating to
4-4 recruitment, evaluation, selection, appointment, training, and
4-5 promotion of personnel, that are in compliance with requirements of
4-6 the Commission on Human Rights Act (Article 5221k, Vernon's Texas
4-7 Civil Statutes), and its subsequent amendments;
4-8 (2) a comprehensive analysis of the commission work
4-9 force that meets federal and state guidelines;
4-10 (3) procedures by which a determination can be made of
4-11 significant underutilization in the commission work force of all
4-12 persons for whom federal or state guidelines encourage a more
4-13 equitable balance; and
4-14 (4) reasonable methods to address appropriately those
4-15 areas of significant underutilization.
4-16 SECTION 4. Section 2.06(j), State Purchasing and General
4-17 Services Act (Article 601b, Vernon's Texas Civil Statutes), is
4-18 amended to read as follows:
4-19 (j) A policy statement prepared under Subsection (i) of this
4-20 section must cover an annual period, be updated at least annually,
4-21 be reviewed annually by the Commission on Human Rights for
4-22 compliance with Subsection (i)(1) of this section, and be filed
4-23 with the governor's office.
4-24 SECTION 5. Section 2.07, State Purchasing and General
4-25 Services Act (Article 601b, Vernon's Texas Civil Statutes), is
4-26 amended to read as follows:
4-27 Sec. 2.07. Application of Sunset Act. The commission is
5-1 subject to Chapter 325, Government Code (Texas Sunset Act). Unless
5-2 continued in existence as provided by that chapter, the commission
5-3 is abolished and this Act expires September 1, 2001 <1993>.
5-4 SECTION 6. Section 2.10(c), State Purchasing and General
5-5 Services Act (Article 601b, Vernon's Texas Civil Statutes), is
5-6 amended to read as follows:
5-7 (c) The commission shall prepare and maintain a written plan
5-8 that describes how a person who does not speak English <or who has
5-9 a physical, mental, or developmental disability> can be provided
5-10 reasonable access to the commission's programs. The commission
5-11 shall also comply with federal and state laws for program and
5-12 facility accessibility.
5-13 SECTION 7. Article 3, State Purchasing and General Services
5-14 Act (Article 601b, Vernon's Texas Civil Statutes), is amended by
5-15 adding Section 3.0221 to read as follows:
5-16 Sec. 3.0221. COMPETITIVE SEALED PROPOSALS; ACQUISITION OF
5-17 CERTAIN SUPPLIES, MATERIALS, EQUIPMENT, AND ROUTINE SERVICES. (a)
5-18 The commission may follow a procedure using competitive sealed
5-19 proposals to acquire:
5-20 (1) supplies, materials, or equipment if the cost of
5-21 acquisition is $1 million or more; or
5-22 (2) routine services if the cost of acquisition is
5-23 $100,000 or more.
5-24 (b) Only the commission may acquire goods or services using
5-25 competitive sealed proposals under this section. The commission
5-26 may not delegate this authority to a state agency.
5-27 (c) To acquire goods or services using competitive sealed
6-1 proposals under this section, the commission must first determine
6-2 in an open meeting that competitive sealed bidding or informal
6-3 competitive bidding is not practical or is disadvantageous to the
6-4 state.
6-5 (d) The commission shall solicit proposals by a request for
6-6 proposals. The commission shall give public notice of a request
6-7 for proposals in the manner provided for requests for bids under
6-8 Section 3.12 of this article.
6-9 (e) The commission shall consult with appropriate personnel
6-10 of a requisitioning agency to develop specifications for a request
6-11 for competitive sealed proposals under this section.
6-12 (f) The commission shall open each proposal in a manner that
6-13 does not disclose the contents of the proposal during the process
6-14 of negotiating with competing offerors. The commission shall file
6-15 each proposal in a register of proposals, which shall be open for
6-16 public inspection after a contract is awarded unless the register
6-17 contains information that is excepted from disclosure as an open
6-18 record under Section 3, Chapter 424, Acts of the 63rd Legislature,
6-19 Regular Session, 1973 (Article 6252-17a, Vernon's Texas Civil
6-20 Statutes), and its subsequent amendments.
6-21 (g) As provided in a request for proposals and under rules
6-22 adopted by the commission, the commission may discuss acceptable or
6-23 potentially acceptable proposals with offerors to assess an
6-24 offeror's ability to meet the solicitation requirements. After the
6-25 submission of a proposal but before making an award, the commission
6-26 may permit the offeror to revise the proposal in order to obtain
6-27 the best final offer. The commission may not disclose any
7-1 information derived from proposals submitted from competing
7-2 offerors in conducting discussions under this subsection. The
7-3 commission shall provide each offeror with an equal opportunity for
7-4 discussion and revision of proposals.
7-5 (h) The commission shall invite a requisitioning agency to
7-6 participate in discussions conducted under Subsection (g) of this
7-7 section.
7-8 (i) The commission shall make a written award of a contract
7-9 to the offeror whose proposal is the most advantageous to the
7-10 state, considering price and the evaluation factors in the request
7-11 for proposals, except that if the commission finds that none of the
7-12 offers is acceptable, it shall refuse all offers. The contract
7-13 file must state in writing the basis on which the award is made.
7-14 (j) The commission may adopt rules and request assistance
7-15 from other state agencies to perform its responsibilities under
7-16 this section.
7-17 (k) This section does not affect Section 3.022 of this
7-18 article regarding the use of competitive sealed proposals for
7-19 acquiring goods or services related to telecommunications or
7-20 automated information technology.
7-21 SECTION 8. Section 3.101, State Purchasing and General
7-22 Services Act (Article 601b, Vernon's Texas Civil Statutes), is
7-23 amended to read as follows:
7-24 Sec. 3.101. Centralized Master Bidders List <lists>.
7-25 (a) This section:
7-26 (1) applies to all purchases or other acquisitions
7-27 under this article, including the acquisition of services, for
8-1 which competitive bidding or competitive sealed proposals are
8-2 required;
8-3 (2) applies to each <all> state agency <agencies> that
8-4 makes <make> purchases or other acquisitions under this article,
8-5 including the commission and agencies that make purchases or other
8-6 acquisitions under Section 3.06 of this article; and
8-7 (3) does not apply to purchases or other acquisitions
8-8 made by the commission under Section 3.11 of this article.
8-9 (b) The commission shall develop a uniform registration form
8-10 for application to do business with the commission or with any
8-11 state agency. The commission and each state agency shall make the
8-12 form available to applicants. The form shall include an
8-13 application for:
8-14 (1) certification as a disadvantaged business;
8-15 (2) a payee identification number for use by the
8-16 comptroller; and
8-17 (3) placement on the commission's master bidders list.
8-18 (c) A state agency shall submit to the commission each
8-19 uniform registration form that it receives. The commission shall
8-20 send to the comptroller a copy of each uniform registration form.
8-21 (d) The commission <The registration forms shall constitute
8-22 a valid application for a bidders list by all state agencies.
8-23 Nothing in this subsection shall be construed as preventing any
8-24 state agency from developing and using its own registration form,
8-25 but such forms shall not be required in addition to or in lieu of
8-26 the uniform registration form developed by the commission.>
8-27 <(c) Each state agency> shall maintain a master bidders list
9-1 and annually register on the list the name and address of each
9-2 vendor that applies for registration in accordance with rules
9-3 adopted under this section. The commission <An agency> may include
9-4 other relevant vendor information on the list. Each state agency
9-5 shall solicit bids or proposals from all eligible vendors on the
9-6 list that serve the agency's geographic region, as provided by this
9-7 section, when the agency proposes to make a purchase or other
9-8 acquisition that will cost more than $10,000 <$5,000>. The
9-9 commission shall maintain the master bidders list in a manner that
9-10 facilitates a state agency's solicitation of vendors that serve the
9-11 agency's geographic area.
9-12 (e) The commission shall make the master bidders list
9-13 available to each state agency that makes purchases or other
9-14 acquisitions to which this section applies. The commission shall
9-15 provide access to the list either electronically or in another
9-16 format, depending on the needs of each state agency.
9-17 (f) The commission <(d) A state agency> may charge
9-18 applicants for registration a fee and may charge registrants an
9-19 annual renewal fee in an amount designed to recover the
9-20 commission's <agency's> costs in developing and maintaining the
9-21 master <its> bidders list and in soliciting bids or proposals under
9-22 this section. The commission <An agency> shall set the amount of
9-23 the fees by rule.
9-24 (g) The commission <(e) Each state agency> shall adopt
9-25 procedures for developing and maintaining the master <its> bidders
9-26 list and procedures for removing inactive vendors from the list.
9-27 (h) The commission <(f) Each state agency> shall establish
10-1 by rule a vendor classification process under which only vendors
10-2 that may be able to make a bid or proposal on a particular purchase
10-3 or other acquisition are solicited under this section.
10-4 (i) A state agency may maintain and use its own bidders list
10-5 only if the commission determines by rule that the agency has
10-6 specialized needs that can best be met through maintaining and
10-7 using its own specialized bidders list. The commission by rule may
10-8 prescribe the categories of purchases or other acquisitions for
10-9 which an agency's specialized bidders list may be used.
10-10 (j) <(g)> The commission may establish by rule a process
10-11 under which the requirement for soliciting bids or proposals from
10-12 eligible vendors on a <the> bidders list may be waived for
10-13 appropriate state agencies or appropriate purchases or other
10-14 acquisitions in circumstances in which the requirement is not
10-15 warranted. The commission also may assist state agencies regarding
10-16 issues that arise under this section.
10-17 SECTION 9. Section 3.15(h), State Purchasing and General
10-18 Services Act (Article 601b, Vernon's Texas Civil Statutes), is
10-19 amended to read as follows:
10-20 (h) This section does not apply to interagency purchases or
10-21 transactions. Interagency purchases and transactions must be
10-22 accomplished on special vouchers or electronically as prescribed by
10-23 the comptroller <of public accounts. The commission shall audit
10-24 all interagency purchases and transactions after they have been
10-25 completed>.
10-26 SECTION 10. Section 3.29(a), State Purchasing and General
10-27 Services Act (Article 601b, Vernon's Texas Civil Statutes), is
11-1 amended to read as follows:
11-2 (a) A state agency may not purchase or lease a vehicle
11-3 designed or used primarily for the transportation of persons,
11-4 including a station wagon, that has a wheel base longer than 113
11-5 inches or that has more than 160 SAE net horsepower, except that
11-6 the vehicle may have a wheel base of up to 116 inches or SAE net
11-7 horsepower of up to 190 if the vehicle will be converted so that it
11-8 is capable of using compressed natural gas or another alternative
11-9 fuel that results in comparably lower emissions of oxides of
11-10 nitrogen, volatile organic compounds, carbon monoxide, or
11-11 particulates. This exception to the wheel base and horsepower
11-12 limitations applies to a state agency regardless of the size of the
11-13 agency's vehicle fleet. The wheel base and horsepower limitations
11-14 prescribed by this subsection do <This provision does> not apply to
11-15 the purchase or lease of a vehicle to be used primarily for
11-16 criminal law enforcement or a bus, motorcycle, pickup, van, truck,
11-17 three-wheel vehicle, tractor, or ambulance.
11-18 SECTION 11. Section 4.01(a), State Purchasing and General
11-19 Services Act (Article 601b, Vernon's Texas Civil Statutes), is
11-20 amended to read as follows:
11-21 (a) The commission shall have charge and control of all
11-22 public buildings, grounds and property of the state, and is the
11-23 custodian of all public personal property, and is responsible for
11-24 the proper care and protection of such property from damage,
11-25 intrusion, or improper usage. <The commission is expressly
11-26 directed to take any steps necessary to protect public buildings
11-27 against any existing or threatened fire hazards.> The commission
12-1 is authorized to provide for the allocation of space in any of the
12-2 public buildings to the departments of the state government for the
12-3 uses authorized by law, and is authorized to make any repairs to
12-4 any such buildings or parts thereof necessary to the serviceable
12-5 accommodation of the uses to which such buildings or space therein
12-6 may be allotted.
12-7 SECTION 12. Section 4.13, State Purchasing and General
12-8 Services Act (Article 601b, Vernon's Texas Civil Statutes), is
12-9 transferred to Chapter 443, Government Code, designated as Section
12-10 443.020, and amended to read as follows:
12-11 Sec. 443.020 <4.13>. Pass Keys to Rooms in the Capitol. Any
12-12 person who shall make or have made or keep in his possession a pass
12-13 or master key to the rooms and apartments in the state capitol,
12-14 unless authorized to do so, shall be fined not exceeding $100.
12-15 SECTION 13. Section 5.16(c), State Purchasing and General
12-16 Services Act (Article 601b, Vernon's Texas Civil Statutes), is
12-17 amended to read as follows:
12-18 (c) A project analysis shall consist of (1) a complete
12-19 description of the facility or project together with a
12-20 justification of such facility or project prepared by the using
12-21 agency, (2) a detailed estimate of the amount of space needed to
12-22 meet the needs of the using agency and to allow for realistic
12-23 future growth, (3) a description of the proposed facility prepared
12-24 by an architect/engineer and including schematic plans and outline
12-25 specifications describing the type of construction and probable
12-26 materials to be used, sufficient to establish the general scope and
12-27 quality of construction, (4) an estimate of the probable cost of
13-1 construction, (5) a description of the proposed site of the project
13-2 and an estimate of the cost of site preparation, (6) an overall
13-3 estimate of the cost of the project, (7) the information about
13-4 historic structures considered instead of new construction that was
13-5 prepared as required by Section 5.01A of this article, <and> (8) an
13-6 evaluation of energy alternatives as required by Section 5.161 of
13-7 this article, and (9) other information as required by the
13-8 commission. A project analysis may include two or more alternative
13-9 proposals for meeting the space needs of the using agency by (1)
13-10 new construction, (2) acquisition and rehabilitation of an existing
13-11 or historic structure, or (3) a combination of the above. If any
13-12 part of the project involves the construction or rehabilitation of
13-13 a building that is to be used primarily as a parking garage or for
13-14 office space for the state government, the project analysis also
13-15 shall include a description of the amount and location of space in
13-16 the building that can be made available for lease, under Section
13-17 4.15 of this Act, to private tenants or shall include a statement
13-18 of the reason that the lease of space in the building to private
13-19 tenants is not feasible. All estimates involved in the preparation
13-20 of a project analysis shall be carefully and fully documented and
13-21 incorporated into the project analysis.
13-22 Throughout the preparation of the project analysis, the
13-23 commission and any private architect/engineer employed by the
13-24 commission shall work closely and cooperatively with the using
13-25 agency to the end that the project analysis shall fully reflect the
13-26 needs of the using agency.
13-27 The using agency shall use the cost of the project as
14-1 determined by such project analysis as the basis of its request to
14-2 the budget offices of this state.
14-3 SECTION 14. Article 5, State Purchasing and General Services
14-4 Act (Article 601b, Vernon's Texas Civil Statutes), is amended by
14-5 adding Section 5.161 to read as follows:
14-6 Sec. 5.161. EVALUATION OF ENERGY ALTERNATIVES. (a) For
14-7 each project for which a project analysis is prepared under Section
14-8 5.16 of this article, and for which the construction, alteration,
14-9 or repair involves installing or replacing all or part of an energy
14-10 system, energy source, or energy-consuming equipment, the
14-11 commission, or the private architect/engineer employed by the
14-12 commission, shall prepare a written evaluation of energy
14-13 alternatives for the project.
14-14 (b) An evaluation prepared under this section shall include
14-15 information about the economic and environmental impact of various
14-16 energy alternatives, including an evaluation of economic and
14-17 environmental costs both initially and over the life of the system,
14-18 source, or equipment.
14-19 (c) An evaluation under this section shall identify the best
14-20 energy alternative for the project considering both economic and
14-21 environmental costs and benefits.
14-22 SECTION 15. Section 5.22, State Purchasing and General
14-23 Services Act (Article 601b, Vernon's Texas Civil Statutes), is
14-24 amended by amending Subsection (b) and adding Subsection (d) to
14-25 read as follows:
14-26 (b) Responsibility for the selection of a private
14-27 architect/engineer employed for any project covered by the
15-1 provisions of this article shall be vested in the commission. The
15-2 commission shall adopt rules that state the criteria the commission
15-3 uses to evaluate the competence and qualifications of private
15-4 architects/engineers. The commission shall develop the rules in
15-5 consultation with the Texas Board of Architectural Examiners and
15-6 the State Board of Registration for Professional Engineers. Except
15-7 in an emergency, the <The> commission shall allow each private
15-8 architect/engineer selected for an interview at least 30 days after
15-9 the date the commission notifies the architect/engineer to prepare
15-10 for the interview.
15-11 (d) In this section, an emergency is a situation that:
15-12 (1) presents an imminent peril to the public health,
15-13 safety, or welfare;
15-14 (2) presents an imminent peril to property;
15-15 (3) requires expeditious action to prevent a hazard to
15-16 life, health, safety, welfare, or property; or
15-17 (4) requires expeditious action to avoid undue
15-18 additional cost to a state agency or the state.
15-19 SECTION 16. Section 5.26(b), State Purchasing and General
15-20 Services Act (Article 601b, Vernon's Texas Civil Statutes), is
15-21 amended to read as follows:
15-22 (b) The commission shall cause the uniform general
15-23 conditions of state building construction contracts to be reviewed
15-24 whenever in its opinion such review is desirable, but in no event
15-25 less frequently than once every five years. The review shall be
15-26 made by a committee appointed by the commission consisting of the
15-27 director of facilities construction and space management, who shall
16-1 serve ex officio as chairman of the committee and who shall vote
16-2 only in the event of a tie; two persons appointed by the commission
16-3 from a list of nominees submitted to it by the President of the
16-4 Texas Society of Architects; one person <two persons> appointed by
16-5 the commission from a list of nominees submitted to it by the
16-6 President of the Texas Society of Professional Engineers; one
16-7 person <two persons> appointed by the commission from a list of
16-8 nominees submitted to it by the Chairman of the Executive Council
16-9 of the Texas Associated General Contractors Chapters; one person
16-10 <and two persons> appointed by the commission from the list of
16-11 nominees submitted to it by the Executive Secretary of the
16-12 Mechanical Contractors Associations of Texas, Incorporated; one
16-13 person appointed by the commission representing an institution of
16-14 higher education, as defined by Section 61.003, Education Code; one
16-15 person appointed by the commission representing a state agency that
16-16 has a substantial on-going construction program; and one person
16-17 appointed by the commission representing the attorney general's
16-18 office. Members of any review committee appointed pursuant to this
16-19 subsection shall serve without compensation but may be reimbursed
16-20 for their necessary and actual expenses.
16-21 SECTION 17. Section 6.01, State Purchasing and General
16-22 Services Act (Article 601b, Vernon's Texas Civil Statutes), is
16-23 amended to read as follows:
16-24 Sec. 6.01. Definition. In this article, "space" means
16-25 office space, warehouse space, laboratory space, storage space
16-26 exceeding 1,000 gross square feet, or any combination thereof, but
16-27 does not include aircraft hangar space, radio antenna space, boat
17-1 storage space, vehicle parking space, residential space for a Texas
17-2 Department of Mental Health and Mental Retardation program,
17-3 residential space for a Texas Youth Commission program, or space to
17-4 be utilized for less than one month for meetings, conferences,
17-5 seminars, conventions, displays, examinations, auctions, or other
17-6 similar purposes.
17-7 SECTION 18. Article 6, State Purchasing and General Services
17-8 Act (Article 601b, Vernon's Texas Civil Statutes), is amended by
17-9 adding Section 6.021 to read as follows:
17-10 Sec. 6.021. SPACE USE STUDY; LIMITATION ON ALLOCATION OF
17-11 SPACE. (a) The commission periodically shall conduct a study to
17-12 determine the space requirements of various state agencies that
17-13 occupy space under the commission's charge and control, including
17-14 state-owned space and space leased from other sources.
17-15 (b) The commission shall use the results of the study to:
17-16 (1) determine the optimal amount of space required for
17-17 various state agency uses; and
17-18 (2) allocate space to state agencies in the best and
17-19 most efficient manner possible.
17-20 (c) The commission may not allocate space to a state agency
17-21 that exceeds an average of 200 square feet for each agency employee
17-22 for each agency site, with the exception of an agency site at which
17-23 15 or fewer employees are located. This subsection does not apply
17-24 to:
17-25 (1) warehouse space;
17-26 (2) laboratory space;
17-27 (3) storage space exceeding 1,000 gross square feet;
18-1 or
18-2 (4) another type of space specified by commission
18-3 rule, if the commission determines that it is not practical to
18-4 apply this subsection to the specified space.
18-5 (d) The commission shall conduct a study under this section
18-6 at least once during each state fiscal biennium.
18-7 SECTION 19. Section 9.13, State Purchasing and General
18-8 Services Act (Article 601b, Vernon's Texas Civil Statutes), is
18-9 amended to read as follows:
18-10 Sec. 9.13. Exemption. For purposes of this article the
18-11 terms "surplus" and "salvage" shall not apply to products and
18-12 by-products of research, forestry, agricultural, livestock, and
18-13 industrial enterprises <in excess of that quantity required for
18-14 consumption by the producing agency when such agencies have a
18-15 continuing and adequate system of marketing research and sales, the
18-16 efficiency of which shall be certified to the commission by the
18-17 state auditor. A qualifying agency shall furnish the commission
18-18 with a copy of the rules and regulations and latest revisions
18-19 thereof promulgated by the policy-making body of each agency or
18-20 institution for the guidance and administration of the programs
18-21 enumerated herein. When requested by such agency or institution to
18-22 do so, the commission shall dispose of the property as provided for
18-23 in this article>.
18-24 SECTION 20. Section 10.02, State Purchasing and General
18-25 Services Act (Article 601b, Vernon's Texas Civil Statutes), is
18-26 amended by adding Subsection (g) to read as follows:
18-27 (g) A representative of the Central Education Agency and a
19-1 representative of the Texas Higher Education Coordinating Board
19-2 shall review and comment on telecommunications plans developed by
19-3 the commission, the Department of Information Resources, and the
19-4 comptroller under this section. The participation of the Central
19-5 Education Agency and the Texas Higher Education Coordinating Board
19-6 is for the limited purpose of coordinating the statewide
19-7 telecommunications system developed under this article with the
19-8 telecommunications systems of educational entities that are not
19-9 subject to this article. A representative of the Central Education
19-10 Agency or the Texas Higher Education Coordinating Board under this
19-11 section acts in an advisory capacity only and is not entitled to
19-12 vote on decisions made under this article.
19-13 SECTION 21. Section 10.09(d), State Purchasing and General
19-14 Services Act (Article 601b, Vernon's Texas Civil Statutes), is
19-15 amended to read as follows:
19-16 (d) The commission shall prepare and issue a revised
19-17 centralized telephone service directory not later than March 31 <in
19-18 February> of each year.
19-19 SECTION 22. Section 14.01, State Purchasing and General
19-20 Services Act (Article 601b, Vernon's Texas Civil Statutes), is
19-21 amended to read as follows:
19-22 Sec. 14.01. Division. The travel division of the commission
19-23 is composed of the central travel office and the office of vehicle
19-24 fleet management <maintenance>. The commission shall adopt rules
19-25 to implement this article, including rules related to:
19-26 (1) the structure of travel agency contracts that the
19-27 commission makes;
20-1 (2) the procedures the commission uses in requesting
20-2 and evaluating bids or proposals for travel agency contracts from
20-3 providers; and
20-4 (3) the use of negotiated contract rates for travel
20-5 services by state agencies.
20-6 SECTION 23. Section 14.02(b), State Purchasing and General
20-7 Services Act (Article 601b, Vernon's Texas Civil Statutes), is
20-8 amended to read as follows:
20-9 (b) <The central travel office shall initially provide
20-10 services to designated agencies located in Travis County and shall
20-11 extend its services to all state agencies as it develops the
20-12 capability to do so.> The office may negotiate contracts with
20-13 private travel agents, with travel and transportation providers,
20-14 and with credit card companies that provide travel services and
20-15 other benefits to the state. The commission shall make contracts
20-16 with more than one provider of travel agency services. Contracts
20-17 entered into under this section are not subject to the competitive
20-18 bidding requirements imposed under Article 3 of this Act. The
20-19 comptroller of public accounts shall audit for compliance of rules
20-20 adopted to enforce the provisions of this section.
20-21 SECTION 24. Chapter 417, Government Code, is amended by
20-22 adding Section 417.0081 to read as follows:
20-23 Sec. 417.0081. INSPECTION OF CERTAIN STATE-OWNED BUILDINGS.
20-24 The state fire marshal, at the commission's direction, shall
20-25 periodically inspect public buildings under the charge and control
20-26 of the General Services Commission and shall take any action
20-27 authorized by the commission to protect the buildings and their
21-1 occupants from an existing or threatened fire hazard.
21-2 SECTION 25. Subchapter A, Chapter 419, Government Code, is
21-3 amended by adding Section 419.0081 to read as follows:
21-4 Sec. 419.0081. PROTECTION OF CERTAIN STATE-OWNED BUILDINGS
21-5 AGAINST FIRE HAZARDS. (a) The commission shall take any action
21-6 necessary to protect a public building under the charge and control
21-7 of the General Services Commission, and the building's occupants,
21-8 against an existing or threatened fire hazard.
21-9 (b) The commission and the General Services Commission shall
21-10 make and each adopt by rule a memorandum of understanding that
21-11 coordinates the agency's duties under this section.
21-12 SECTION 26. Section 771.002, Government Code, is amended to
21-13 read as follows:
21-14 Sec. 771.002. Definitions. In this chapter:
21-15 (1) "Agency" includes:
21-16 (A) a department, board, bureau, commission,
21-17 court, office, authority, council, or institution;
21-18 (B) a university, college, or any service or
21-19 part of a state institution of higher education; and
21-20 (C) any statewide job or employment training
21-21 program for disadvantaged youth that is substantially financed by
21-22 federal funds and that was created by executive order not later
21-23 than December 30, 1986.
21-24 (2) <"Commission" means the State Purchasing and
21-25 General Services Commission.>
21-26 <(3)> "Resources" means materials and<,> equipment<,
21-27 and supplies>.
22-1 (3) <(4)> "Services" means special or technical
22-2 services, including the services of employees.
22-3 SECTION 27. Section 771.004(a), Government Code, is amended
22-4 to read as follows:
22-5 (a) Before a state agency may provide <furnish> or receive a
22-6 service or resource under this chapter, the agency must have
22-7 entered into a written agreement or contract that has been approved
22-8 by the administrator of each agency that is a party to the
22-9 agreement or contract <and by the commission>.
22-10 SECTION 28. Section 771.004(c), Government Code, is amended
22-11 to read as follows:
22-12 (c) A written agreement or contract is <and advance approval
22-13 by the commission are> not required:
22-14 (1) in an emergency for the defense or safety of the
22-15 civil population or in the planning and preparation for those
22-16 emergencies;
22-17 (2) in cooperative efforts, proposed by the governor,
22-18 for the economic development of the state; or
22-19 (3) in a situation in which the amount involved is
22-20 less than $2,500.
22-21 SECTION 29. Section 771.006, Government Code, is amended to
22-22 read as follows:
22-23 Sec. 771.006. <Equipment> Purchases and Subcontracts of
22-24 Services and Resources. A contract under this chapter may
22-25 authorize an <permit a furnishing> agency providing services and
22-26 resources to subcontract and purchase the services and resources
22-27 <equipment to the extent considered appropriate by the commission>.
23-1 SECTION 30. Section 9A(b), Information Resources Management
23-2 Act (Article 4413(32j), Revised Statutes), is amended to read as
23-3 follows:
23-4 (b) The department, comptroller, and <State Purchasing and>
23-5 General Services Commission shall develop a statewide
23-6 telecommunications operating plan for all agencies that implements
23-7 a statewide network and includes technical specifications that are
23-8 binding on the managing and operating agency. A representative of
23-9 the Central Education Agency and a representative of the Texas
23-10 Higher Education Coordinating Board shall review and comment on the
23-11 operating plan as part of the representatives' duties under Section
23-12 10.02(g), State Purchasing and General Services Act (Article 601b,
23-13 Vernon's Texas Civil Statutes).
23-14 SECTION 31. On the effective date of this Act, all powers,
23-15 duties, and obligations relating to the protection of public
23-16 buildings under the charge and control of the General Services
23-17 Commission, and the buildings' occupants, against existing or
23-18 threatened fire hazards are transferred from the General Services
23-19 Commission to the Texas Commission on Fire Protection as provided
23-20 by this Act. All property in the custody of the General Services
23-21 Commission and the original or a copy of any record that relates to
23-22 fire protection activity in the buildings are transferred to the
23-23 Texas Commission on Fire Protection. All appropriations to the
23-24 General Services Commission for fire protection activity in the
23-25 buildings and all employees of the General Services Commission
23-26 employed primarily to engage in fire protection activity in the
23-27 buildings are transferred to the Texas Commission on Fire
24-1 Protection. All investigations and all filed reports or complaints
24-2 relating to fire protection in the buildings are transferred
24-3 without change in status from the General Services Commission to
24-4 the Texas Commission on Fire Protection. All rules, standards, and
24-5 specifications of the General Services Commission relating to fire
24-6 protection in the buildings remain in effect as rules, standards,
24-7 and specifications of the Texas Commission on Fire Protection
24-8 unless superseded by proper authority of that commission.
24-9 SECTION 32. The General Services Commission shall complete
24-10 implementation of the changes in law made by Section 8 of this Act
24-11 relating to the use of a centralized master bidders list by state
24-12 agencies not later than September 1, 1995. During the transition
24-13 period provided by this section, affected state agencies shall
24-14 provide the General Services Commission with all records and
24-15 information in the custody of the agencies that relate to the
24-16 commission's preparation of the centralized master bidders list.
24-17 SECTION 33. (a) The General Services Commission shall
24-18 appoint the new members added to the commission's construction
24-19 contract review committee by Section 16 of this Act as soon as
24-20 practicable after the effective date of this Act. The
24-21 representatives of each society or association that has had its
24-22 representation on the committee reduced from two members to one
24-23 member shall determine by agreement or by lot which representative
24-24 will remain on the committee.
24-25 (b) Until all removals and new appointments of members of
24-26 the commission's construction contract review committee have taken
24-27 place, a quorum of the committee is a majority of the number of
25-1 members serving at the time of a meeting.
25-2 SECTION 34. On the effective date of this Act, all powers,
25-3 duties, and obligations of the Office of Small Business Assistance
25-4 of the Texas Department of Commerce under Section 1.03, State
25-5 Purchasing and General Services Act (Article 601b, Vernon's Texas
25-6 Civil Statutes), are transferred to the General Services Commission
25-7 and the comptroller as prescribed by Section 1 of this Act. All
25-8 records and property in the custody of the office that relate to a
25-9 function transferred by Section 1 of this Act are transferred to
25-10 the commission or the comptroller, as appropriate. All
25-11 appropriations to the office for functions transferred by Section 1
25-12 of this Act and all employees of the office employed primarily to
25-13 engage in those functions are transferred to the commission. An
25-14 application for certification as a disadvantaged business is
25-15 transferred without change in status from the office to the
25-16 commission. All rules, standards, and specifications of the office
25-17 relating to the functions transferred by Section 1 of this Act
25-18 remain in effect as rules, standards, and specifications of the
25-19 commission or comptroller, as appropriate, unless superseded by
25-20 proper authority of the entity to which the affected function is
25-21 transferred.
25-22 SECTION 35. (a) The following laws are repealed:
25-23 (1) Section 771.005, Government Code; and
25-24 (2) Section 771.009, Government Code.
25-25 (b) The following law is repealed:
25-26 (1) Section 771.008(d), Government Code; or
25-27 (2) Section 6(d), The Interagency Cooperation Act
26-1 (Article 4413(32), Vernon's Texas Civil Statutes), as added by
26-2 Section 30, Chapter 641, Acts of the 72nd Legislature, Regular
26-3 Session, 1991.
26-4 (c) Subsection (b)(1) of this section takes effect only if a
26-5 bill relating to nonsubstantive additions to and corrections in
26-6 enacted codes, including the nonsubstantive codification of various
26-7 laws omitted from enacted codes, and to conforming codifications
26-8 enacted by the 72nd Legislature to other acts of that legislature,
26-9 is enacted by the 73rd Legislature and becomes law. Subsection
26-10 (b)(2) of this section takes effect only if the bill described by
26-11 this subsection does not become law.
26-12 SECTION 36. This Act takes effect September 1, 1993.
26-13 SECTION 37. The importance of this legislation and the
26-14 crowded condition of the calendars in both houses create an
26-15 emergency and an imperative public necessity that the
26-16 constitutional rule requiring bills to be read on three several
26-17 days in each house be suspended, and this rule is hereby suspended.