BILL ANALYSIS



C.S.H.B. 2769
By: Romo
5-8-95
Committee Report (Substituted)


BACKGROUND

HB 2769 is a result of an interim report as mandated by SB 381 of
the 73rd Legislature. The results of this study indicate that Texas
lacks the most basic information on its own purchasing patterns and
results - what it buys, when and from whom, and whether the goods
and services purchased actually meet agencies' needs. For the state
to take full advantage of its significant buying power, the state
must know what is being bought not only through GSC but also
through delegated and exempt purchases. And, while many
improvements have been made in the area of vendor performance
tracking, substandard vendors still continue to do business with
the state merely by changing their names.

Key elements have been identified that would effectively reengineer
the state's procurement process. These elements encompass areas
such as, expanding the authority and responsibility granted to
state purchasing professionals, redefining the state's relationship
with its vendors, enhancing technology to streamline the state's
purchasing process, and entering into more types of state
contracts. The incorporation of the aforementioned reengineering
processes will provide the state with a financially efficient and
streamlined state purchasing system. 

PURPOSE

HB 2769 re-engineers key elements of the state's purchasing
process.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill grant additional
rulemaking authority to the general Services Commission in SECTION
3 (Sec.3.022(h)), SECTION 6 (Sec. 3.062(a))and (Sec. 3.064(a)),
SECTION 8 (Sec. 3.08(b)) and (Sec. 3.08(d)), SECTION 9 (Sec.
3.105(a)), SECTION 18 (Sec. 11.08(e), Sec. 11.10(b), and Sec
11.11(e)(1)) of this bill. It is the committee's opinion that
rulemaking authority is granted to the Comptroller of Public
Accounts in SECTION 22 (Sec. 2251.026) of this bill.

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 1.02(5), State Purchasing and General
           Services Act (Art. 601b, Vernon's Texas Civil
           Statutes)as follows:

           Sec. 1.02, (5), Defines "Best Value".

SECTION 2. Amends Article 3, State Purchasing and General Services
Act (Article 601b,       Vernon's Texas Civil Statutes) by adding
                         Section 3.011 as follows:

           Sec. 3.011. PROVIDING CERTAIN PURCHASES ON FEE-FOR-SERVICE BASIS. (a) Provides that the commission may
           provide open market purchasing services on a fee-for-service basis for state agency purchases and set the
           fees in an amount that recovers the commission's costs
           in providing the services.

           (b) Requires the commission to publish a schedule of its
fees. Outlines what shall          be included in the schedule.

SECTION 3. Amends Section 3.022, State Purchasing and General
           Services Act (Article 601b, Vernon's Texas Civil
           Statutes) as follows:

           Sec. 3.022. COMPETITIVE SEALED PROPOSALS. (a) Provides
           that the commission may acquire supplies, materials,
           services, or equipment by following a procedure using
           competitive sealed proposals. Requires the state agency
           or institution of higher education to follow the
           procedures outlined by this section for the commission.

           (b) Requires the commission to consult with appropriate
personnel of a           requisitioning agency to develop
specifications for a request for competitive           sealed
                                                       proposals
                                                       under this
                                                       section.

           (c) Requires the commission to solicit proposals by a
           request for proposal.
           
           (d) Requires the commission to open each proposal in a
           manner that does not disclose the contents of the
           proposal during the process of negotiating with
           competing offers.

           (e) Requires the commission to provide each offeror with
           an equal opportunity for discussion and revision of
           proposals.

           (f) Requires the commission to invite a requisitioning
           agency to participate in discussions conducted under
           Subsection (e) of this section.

           (g) Requires the commission to make a written award of
           a purchase or lease to the offer or whose proposal
           offers the best value to the state, considering the
           price, past vendor performance, vendor reputation, and
           the evaluation factors in the request for proposals,
           except that if the commission finds that none of the
           offers is acceptable, it shall refuse all offers.

           (h) Requires the commission to adopt rules to perform
           it duties as outlined in this Act.

SECTION 4. Amends Article 3, State Purchasing and General Services
           Act by adding Section 3.045 COOPERATION WITH FEDERAL
           GOVERNMENT PURCHASING (a) Provides that agencies of the
           federal government may purchase goods/services through
           commission contracts.

           (b) Provides that to the extent permitted by federal
           law, the commission and other state agencies that are
           subject to this Act and local governments that are
           eligible to participate in the commissions purchasing
           program may purchase goods and services through federal
           government contracts that are established through
           competitive bidding.

SECTION 5. Amends Section 3.061, State Purchasing and General
           Services Act (Article 601b, Vernon's Texas Civil
           Statutes), (b) Requires the commission to promulgate
           rules allowing purchases through group purchasing
           programs unless the commission determines within a
           reasonable period of time after receiving notification
           of a particular purchase that a better value is
           available throughout he commission.. 

SECTION 6. Amends Article 3, State Purchasing and General Services
           Act (Article 601b, Vernon;s Texas Civil Statutes) by
           adding Sections 3.062-3.064 as follows:

           Sec. 3.062. TRAINING AND CERTIFICATION OF STATE AGENCY
           PURCHASING PERSONNEL.  (a) Requires the commission to
           establish and administer a system of training,
           continuing education, and certification for state agency
           personnel. Provides that the commission may adopt rules
           to administer this section.

           (b) Requires that all state agency personnel must
receive the training and           continuing education to the
extent required by rule of the commission.

           (c) Requires the commission to set and collect a fee
form state agencies that           employ purchasing personnel who
are trained, educated, or certified under this         section.

           (d) Provides that the commission may provide training,
continuing education, and          certification under this section
to purchasing personnel employed by a political        subdivision
or other public entity of the state. Requires the commission to
collect        fees described by Subsection (c) for training,
education, or certification under this       subsection.

           (e) Provides that the commission may provide training
and continuing education           under this section using its own
personnel, through contracts with private entities          and by
agreement with a public entity.

           (f) Requires the commission to provide at least three
levels of training under this           section.

           (g) Requires the basic training level to include an
introduction to contract           purchasing methods and processes
and informal bidding processes, practical         instruction in
the use of automated information tools used in the use of        automated      information
                                                                 tools
                                                                 used
                                                                 in
                                                                 the
                                                                 purchasing
                                                                 process,
                                                                 instruction in
                                                                 receipting
                                                                 and  payment
                                                                 processes
                                                                 and
                                                                 requirements
                                                                 and
                                                                 instruction in
                                                                 any
                                                                 other
                                                                 processes
                                                                 and
                                                                 issues
                                                                 that
                                                                 the
                                                                 commission
                                                                 considers
                                                                 appropriate for
                                                                 introductory
                                                                 purchasing
                                                                 training.

           (h) Requires the second training level to include
advanced instruction in formal          and informal bidding
methods, an introduction to negotiation methods and to           when
                                                                 negotiation is
                                                                 allowed,
                                                                 instruction in
                                                                 writing
                                                                 specifications,
                                                                 instruction in
                                                                 the
                                                                 criteria
                                                                 for
                                                                 determining
                                                                 which
                                                                 product or
                                                                 service
                                                                 offers the
                                                                 best
                                                                 value
                                                                 for
                                                                 the
                                                                 state
                                                                 and
                                                                 instruction in
                                                                 any
                                                                 other
                                                                 processes
                                                                 and
                                                                 issues
                                                                 that
                                                                 the
                                                                 commission
                                                                 considers appropriate
                                                                 for
                                                                 the
                                                                 second
                                                                 level
                                                                 of
                                                                 purchasing
                                                                 training.

           (i) Requires the third training level must include
instruction in complex        negotiations, instruction in
purchasing through the use of requests for proposals,       and
instruction in any other processes and issues that the commission
considers      appropriate for advanced purchasing training.

           (j) Requires the commission to prescribe the
circumstances under which a state       agency may delegate
                                        authority to approve
                                        purchases.

           (k) The commission shall provide at least 2 levels of
certification.

           (l) Requires the commission to provide at least 24 hours
           of continuing education.

           (m) Requires the commission's prerequisites for
receiving a level one purchaser         certification to include
completion of the second training level, passage of a       written
examination, and a minimum number of years of purchasing experience
           prescribed by the commission. 

           (n) Requires the commission's prerequisites for
receiving a level two purchaser         certification include
completion of the third training level, passage of a written          and an oral examination, and a minimum of three years
                                                                      of purchasing experience.

           Sec. 3.063. PURCHASING PARTNERSHIPS BETWEEN AGENCIES.
           (a) Requires that the commission manage a program that
           provides for establishing purchasing partnerships
           between state agencies under which one agency will make
           certain purchases for another agency. An agency is not
           required to enter into a purchasing partnership under
           this section.

           (b) Requires the commission to identify agencies that
are willing to enter into          purchasing partnerships with
another agency and attempt to appropriately match           agencies for a purchasing partnership based on factors such as
whether an agency        employs a certified purchaser, the number
and expertise of an agency, the         existence      or nature
                                        of an agency's automated
                                        purchasing tools, and the
                                        types of goods and
                                        services typically
                                        purchased by an agency.

           Sec. 3.064. BUYING UNDER CONTRACT ESTABLISHED BY AGENCY
           OTHER THAN COMMISSION. (a) Requires the commission to
           adopt rules specifying the circumstances under which it
           is advantageous for the state to allow other agencies
           to make purchases under the contract:

           (b) Provides that a state agency that is a party to a
contract with a vendor who         is able to supply goods or
                                   services to other agencies
                                   under the contract shall, if
                                   commission rules allow other
                                   agencies to make purchases
                                   under the contract:

               (1) inform the commission of the term of the
contract and the capabilities                of the vendor; and

               (2) post notice of the existence and terms of the
contract on the               procurement marketplace.

SECTION 7. Amends Section 3.08, State Purchasing and General
           Services Act (Article 601b, Vernon's Texas Civil
           Statutes) as follows:
           
           (a) Provides that state agencies are delegated authority
           to purchase supplies, materials, and equipment if the
           purchase does not exceed $25,000.

           (b) Provides that the commission by rule delegate to
state agencies the authority       to purchase supplies, materials,
or equipment if the purchase exceeds $25,000.          In
                                                       delegating
                                                       this
                                                       purchasing
                                                       authority,
                                                       the
                                                       commission
                                                       shall
                                                       consider
                                                       factors
                                                       relevant
                                                       to a state
                                                       agency's
                                                       ability to
                                                       perform
                                                       purchasing
                                                       functions.

           (c) Requires the commission to monitor the purchasing
practices of state       agencies. Provides that eh commission may
                         revoke for cause all or part of the
                         purchasing authority that the commission
                         delegated to a state agency. Requires the
                         commission     to adopt rules to
                         administer this subsection.

           (d) Provides that the commission by rule may delegate
to the comptroller the        commission authority under Section
3.15.

           (e) Provides that competitive bidding, whether formal
or informal, is not required       for a purchase by a state agency
if the purchase does not exceed $2,500, or a           greater
amount prescribed by rules of the commission.

           (f) Provides for certain supplies and materials that may
not be purchased. 

           (g) Provides that large purchases may not be divided
into small lot purchase in         order to meet the specified
                                   dollar limits.

           (h) Requires that agencies making purchases under this
section for which        competitive bidding is required must
attempt to obtain at least three competitive           bids from
sources which normally offer for sale the merchandise being
purchased      and must comply with Section 3.101 of this Article.

SECTION 8. Amends Section 3.101, State Purchasing and General
           Services Act (Article 601b, Vernon's Texas Civil
           Statutes), by adding Subsections (k) and (l) as follows:

           (k) Requires the commission to require information about
an applicant's past           history as a vendor with the state in
the uniform registration form.

           (l) Requires the commission to include in the uniform
registration forma       statement about the applicability of
                         relevant criminal law, including Section
                         37.10, Penal Code, to entering
                         information on the form and to presenting
                         documentation in connection with the
                         form.

SECTION 9. Amends Article 3, State Purchasing and General Services
           Act (Article 601b, Vernon's Texas Civil Statutes) by
           adding Sections 3.103-3.106 as follows:

           Sec. 3.103. BEST VALUE STANDARD FOR PURCHASE OF GOODS
           OR SERVICES. (a) Requires each state agency including
           the commission to purchase goods and services that
           provide the best value for the state.

           (b) Provides that  in determining the best value for the
state, the commission or           other state agency making a
purchase is not restricted to considering price alone       but
also may consider any other factor relevant to evaluating the value
to the         state of a good order service. Provides examples.

           Sec. 3.104. REQUIREMENT TO SPECIFY VALUE FACTORS IN
REQUEST        FOR BIDS OR PROPOSALS. (a) Requires the commission
               or other state agency making the purchase to
               specify in the request for bids the factors other
               than price, past vendor performance, or vendor
               reputation that the commission or agency will
               consider in determining which bid offers the best
               value for the state.

           (b)  Provides that for a purchase made through
competitive sealed proposals, the       commission or other state
agency making the purchase:

                    (1) must specify the known factors other than
price, past vendor            performance, or vendor reputation in
determining the best value for the                state;

               (2) may concurrently inform each vendor that make
proposal on the               contract of any additional factors
the commission or agency will consider            in determining
which proposal offers the best value for the state.

           Sec. 3.105. PROTEST PROCEDURES.  Requires the commission
           to develop and adopt by rule protest procedures for
           resolving vendor protests relating to purchases made by
           the commission. Requires each state agency to adopt
           protest procedures for resolving vendor protests
           relating to purchases made by the agency.

           Sec. 3.106. BARRING VENDOR FROM PARTICIPATION IN STATE
           CONTRACTS. (a) Provides that the commission may bar a
           vendor from participating in state contracts that are
           subject to this Act, including contract for which
           purchasing authority is delegated to a state agency
           under this Act. Provides for incidents where such a bar
           may take place.

           (b) Requires the commission to bar a vendor from
participating in state and sate         agency contracts under this
section for a period that is commensurate with the          seriousness of the vendor's action and the extent to which the
state's interests        were damaged.

           (c) Requires the commission to adopt rules to administer
this section.

SECTION 10 Amends Sections 3.11(b), (d), (e), (f), (g), and (h),
           State Purchasing and         General Services Act
                                        (Article 601b, Vernon's
                                        Texas Civil Statutes).
                                        (a) NOTICE. Provides that
                                        in addition to any
                                        electronic dissemination
                                        of invitations to bid
                                        required or allowed under
                                        law, notice inviting bids
                                        shall be published at
                                        least once in at least
                                        one newspaper of general
                                        circulation in the state
                                        and at least seven days
                                        preceding the last for
                                        the receipt of bids.

           (b) CENTRALIZED MASTER BILL LIST. Requires the
commission to maintain a           centralized master bidders
                                   list. Provides that the
                                   commission may use the
                                   centralized bidders list for
                                   any purchase.

           (d) BID OPENING PROCEDURE. Requires that bids be
submitted to the         commission, sealed, and identified as bids
on the envelope, except that when the        commission considers
that the electronic information capabilities of the state and         of the vendor community are sufficient, the commission
may also allow facsimile           or on-line transmission of bids.

           (e) AWARD OF CONTRACT. Requires the commission to award
contracts to        the bidder offering the best value for the
                    state while conforming to the specifications
                    required. Provides that in the commission
                    shall determine which bidder offers the best
                    value for the state in accordance with
                    Sections 3.103 and 3.104 of this Act.

           (f) REJECTION OF BIDS. Requires a bid that contains
material failures to          comply with specification
                              requirements, be rejected and the
                              contract be awarded to the bidder
                              offering the best value for the
                              state.

           (g) BID RECORD. Provides that a statement of the basis
for placing the order         with the successful bidder and the
                              factors considered in determining
                              which bidder offered the best value
                              for the state be prepared by the
                              purchasing division.

           (h) TIE BIDS. Requires that tie bids, the value to the
state being equal, be         awarded under rules and regulations
                              to be adopted by the commission.

SECTION 11 Sections 3.12(b), (c), (e), and (f), State Purchasing
           and ?general Services Act (Article 601b, Vernon's Texas
           Civil Statutes). (b) MINIMUM NUMBER OF BIDS. Requires
           that open market purchases, whenever possible, be based
           on at least three competitive bids, and be awarded to
           the bidder offering the best value for the state.

           (c) NOTICE INVITING BIDS. Adds facsimile, on-line
transmissions, and posting         on electronic bulletin boards
                                   to the list of ways for the
                                   commission to solicit bids.

           (e) AGENCY REVIEW. Provides that if, after review of the
bids and evaluation           of the quality of products offered in
the bids, the state agency determines that        the bid
                                                  selected by the
                                                  commission does
                                                  not in its
                                                  opinion offer
                                                  the best value
                                                  for the state,
                                                  it may file
                                                  with the
                                                  commission a
                                                  written
                                                  recommendation
                                                  that the award
                                                  be made to the
                                                  bidder
                                                  determined to
                                                  offer the best
                                                  value for the
                                                  state.

           (f) STATEMENT OF AWARD. Requires that a statement of the
basis for placing        the order with the successful bidder and
the factors considered in determining        the bid offering the
                                             best value for the
                                             state be prepared by
                                             the purchasing
                                             division.

SECTION 12 Amends Section 3.16, State Purchasing and General
           Services Act (Article 601b, Vernon's Texas Civil
           Statutes) Subsection (a) and adds Subsections (c) and
           (d). 

           (a) Allows the comptroller to issue a single warrant
directly to the vendor when        the state owes a vendor for
                                   services/products.

           (c) The comptroller may allow an agency to schedule
           payments that the comptroller shall make to the vendor. 

           (d) Allows the comptroller to require the vendors to
           provide certain information as allowed under law.

SECTION 13 Amends Section 3.17(a), State Purchasing and General
           Services Act by adding that the advisory committee on
           procurement and the vendor advisory committee shall
           cooperate with the commission when establishing uniform
           standards.
           
SECTION 14 Amends Section 3.20, State Purchasing and General
           Services Act, as follows:

           Sec. 3.20. PREFERENCE FOR PRODUCTS OF RETARDED OR
           HANDICAPPED PERSONS. Requires the commission to test
           products of retarded or handicapped persons to the
           extent necessary to ensure quality and delivery
           performance.

SECTION 15 Amends Section 3.22, State Purchasing and General
           Services Act Article 601b,        Vernon's Texas Civil
                                             Statutes) by
                                             requiring the
                                             commission to test
                                             products of blind
                                             persons to the
                                             extent necessary to
                                             ensure quality and
                                             delivery
                                             performance.

SECTION 16 Amends Section 3.23, State Purchasing and General
           Services Act (Article 601b, Vernon's Texas Civil
           Statutes) by requiring the commission to test products
           of The Texas Department of Criminal Justice tot he
           extent necessary to ensure quality and delivery
           performance.

SECTION 17 Amends Article 3, State Purchasing and General Services
           Act (Article 601b, Vernon;s Texas Civil Statutes) by
           adding Sections 3.34 and 3.35.

           Sec. 3.34. ADVISORY COMMITTEE ON PROCUREMENT. (a)
           Requires the commission to establish as advisory
           committee on procurement.

           (b) Requires the committee to be composed of officers
or employees of state         agencies, including institutions of
higher education and political subdivisions.           Requires the
commission to set staggered terms for the members of the         committee.

           (c) Provides that the committee may establish its own
rules of operation.

           (d) Requires the committee to recommend improvements in
commission or state           agency purchasing practices.

           Sec. 3.35. VENDOR ADVISORY COMMITTEE. (a) Requires the
           commission to establish a vendor advisory committee.

           (b) Provides that the committee be composed of vendors
who have done business        with the state.

           (c) Provides that the committee may establish its own
rule of operation.

SECTION 18 Article 11, State Purchasing and General Services Act
           (Article 601b, Vernon's Texas Civil Statutes) is amended
           by adding Sections 11.08-11.10 as follows:

           Sec. 11.08. ELECTRONIC BULLETIN BOARD POSTING OF NOTICE
           FOR PROCUREMENT EXCEEDING $25,000. (a) Provides that
           this section applies to each agency making a procurement
           that will exceed $25,000 in value and 

               (1) without regard to the source of funds the agency
will use for the              procurement; and

               (2) including a procurement that:

                    (A) is a procurement by a state agency but is
otherwise exempt                   from the commissions purchasing
authority or the application of this                   Act;

                    (B) is made under a delegated purchasing
authority;

                    (C) is related to a construction project;

                    (D) is a procurement of professional of
consulting services.

           (b) Requires the commission to send to the comptroller
for posting on the       comptroller's Windows on State Government
electronic bulletin board          information as prescribed by
                                   this section about commission
                                   or other state agency
                                   procurement that will exceed
                                   $25,000 in value.

           (c) Requires the commission to include certain
information for each               procurement that the commission
                                   or another state agency will
                                   make that is   estimated to
                                   exceed $25,000 in value. 

           (d) Requires each state agency that will award a
           procurement contract estimated to exceed $25,000 in
           value to send a report to the commission. Outlines
           report.

           (e) Provides that the commission may adopt rules,
prescribe forms, and          require information to administer
                              this section.

           (f) Provides that this section does not affect whether
the commission or other       state agency is required to award a
                              procurement contract through
                              competitive bidding, competitive
                              sealed proposals, or another method.

           Sec. 11.09 ELECTRONIC PROCUREMENT DATABASE. (a)
           Establishes that the commission shall establish and
           manage an electronic procurement database. Establishes
           guidelines

           Sec. 11.10. ELECTRONIC PROCUREMENT MARKETPLACE. (a)
           Requires the commission to establish and manage as
           electronic procurement marketplace.
 
           (b) Requires the commission to design the procurement
marketplace as an        interactive gateway for state procurement.

           (c) Provides that the commission may adopt rules
relating tot he design and use          of the procurement
marketplace.

           (d) Requires the commission to make the procurement
information available to           political subdivisions through
the procurement marketplace on a fee-for-service       basis.

           Sec. 11.11. ELECTRONIC COMMERCE NETWORK USING ELECTRONIC
           DATA INTERCHANGE. (a) Requires the commission to base
           the network on the standard protocol developed by the
           American National Standards Institute known as
           electronic data interchange.

           (b) Provides that the commission may enter into
contracts with one or more         public or private entities to
                                   establish or support various
                                   elements of the network.

           (c) Requires the commission to charge fees  for network
services.

           (d) Provides that he commission may allow political
subdivisions and other        public entities to participate in
                              the electronic commerce network.

           (e) Provides that the commission may adopt rules to
administer this section and
           require participating state agencies, political
subdivisions, and other       public entities to designate a
network coordinator.

SECTION 19 Amends Article 15, State Purchasing and General Services
           act (Article 601b, Vernon's Texas Civil Statutes) by
           adding Section 15.11.

           Sec. 15.11. CONSOLIDATING OR CONTRACTING FOR MATERIALS     MANAGEMENT FUNCTIONS. (a) Requires the council to
           study the materials management functions of state
           agencies.

               (1) order two or more state agencies to consolidate
between them             warehousing, inventory control, or other
materials management functions;              or

               (2) order a state agency to obtain under a contract
with another state agency               to a private commercial
source the agency's warehousing, inventory control,              or other materials management functions.

           (b) Requires state agencies to consolidate or contract
for materials management           functions in the manner directed
by the council.

SECTION 20 Amends Section 321.013, Government Code, by adding
           subsection (k) which provides for the State Auditor to
           conduct periodic audits of purchasing practices of state
           agencies. Audits must include a compliance report with
           applicable Historically Underutilized Business statutes.

SECTION 21 Amends Chapter 2102, Government Code, by adding Section
           2102.013 which requires the internal auditor to
           frequently audit the purchasing practices of state
           agencies.

SECTION 22 Amends Section 2251.026, Government Code, by requiring
           the comptroller to compute interest imposed upon the
           state agency and make appropriate payments. Provides
           that the comptroller may adopt rules to administer this
           section if necessary. This section takes effect on
           September 1, 1997.

SECTION 23 Amends Section 271.083, Local and Government Code by
           providing that a local government may participate in the
           purchasing program of the commission, to the extent the
           commission deems feasible, and states the
           responsibilities of the local government.

SECTION 24 (a) Requires the state auditor and the advisory
           committee of procurement established by this Act to
           study how classification levels of responsibility and
           accountability to state personnel should be revised
           under the changes in law made under this Act. Requires
           for a report to be made to the 75th Legislature.

SECTION 25 Provides that the commission may conduct pilot studies
           for regional contracts and no-stock contracts.

SECTION 26 Requires the Legislative Budget Board and the divisions
           of the governor's office that works with budget nd
           planning issues to study and consider:

           (1) ways to obtain information about planned state
           procurement.

           (2) ways to use that information to increase the state's
           buying power.

SECTION 27 Requires the General Services Commission to gradually
           phase in the changes in law made by this Act.

SECTION 28 Repeals Sections 3.0221 and 3.09(d), State Purchasing
           and General Services Act

SECTION 29 Repeals Section 2251.041, Government Code.

SECTION 30 Effective date: Except as otherwise provided by this
           Act, the effective date shall be September 1, 1995.

SECTION 25 Emergency Clause.

  
COMPARISON OF ORIGINAL TO SUBSTITUTE

SECTION 4 COOPERATION WITH FEDERAL GOVERNMENT PURCHASING is added
in the substitute. 

Expands the list of relevant factors to be considered when making
purchases in Sec. 3.103. 

In SECTION 10, subsection (a) is deleted relating to publishing a
notice inviting bids. A centralized Master Bidders List is added in
the new subsection (b).

SECTION 13 is amended by adding consultation with the advisory
committee on procurement and the vendor advisory commission when
determining uniform standards.

SECTION 18 of the substitute is a reorganized version of Section 3
from the original bill.

SECTION 21 relating to auditing of agency purchasing is added in
the substitute.

SECTION 22 relating to payment of intrest by state agencies is
added.

SECTION 23 is added.

SECTIONS 24, 25, 26, 27 are renumbered sections from the original
bill.

SECTION 28 and 29 repealing certain statutes are added.

SUMMARY OF COMMITTEE ACTION

Pursuant to posting of public hearing the House Committee on State
Affairs convened in public hearing on April 24, 1995 to consider HB
2769.  The chair laid out HB 2769 and recognized Rep. Romo to
explain the bill.  The committee considered a complete substitute
which was not adopted.  The following persons testified neutrally
on the bill: Pat Martin representing himself; and Cordell Cameron
representing himself.  The Chair recognized Rep. Romo to close. 
The Chair left HB 2769 pending.  HB 2769 was considered by the
committee in a formal meeting on May 5, 1995.  The Chair laid out
HB 2769.  The committee considered a complete substitute for the
bill.  The substitute was adopted without objection.  The bill was
reported favorably as substituted with the recommendation that it
do pass and be printed, which prevailed by a vote of 13 aye, 0 nay,
1 PNV, and 1 absent.