By: Zaffirini S.B. No. 406
A BILL TO BE ENTITLED
AN ACT
1-1 relating to health care purchasing by state agencies.
1-2 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-3 SECTION 1. Article 3, State Purchasing and General Services
1-4 Act (Article 601b, Vernon's Texas Civil Statutes), is amended by
1-5 adding Section 3.062 to read as follows:
1-6 Sec. 3.062. HEALTH CARE PURCHASING. (a) A state agency
1-7 shall acquire goods and services used in support of the agency's
1-8 health care programs by the method that provides the greatest
1-9 volume discount for the goods or service, including group
1-10 purchasing programs, state agency purchasing consortiums, or
1-11 competitive sealed proposals.
1-12 (b) A state agency may contract with a medical and dental
1-13 unit to have the unit perform all or part of the purchasing
1-14 functions of the agency under this section or to participate in a
1-15 state agency purchasing consortium or group purchasing program with
1-16 the medical and dental unit.
1-17 (c) If an agency determines that it should consider factors
1-18 in addition to volume discounts in acquiring a particular good or
1-19 service, the agency may acquire the good or service by the most
1-20 cost-effective method of acquisition available, including group
1-21 purchasing programs, state agency purchasing consortiums, or
1-22 competitive sealed proposals.
1-23 (d) A state agency shall provide appropriate information to
1-24 the commission concerning acquisitions made by the agency under
2-1 this section, but the commission's authority under this article
2-2 does not extend to the acquisition of goods and services made under
2-3 this section.
2-4 (e) The central administration of The University of Texas
2-5 System shall develop methods for sharing information concerning
2-6 acquisitions made under this section, including methods for sharing
2-7 the information electronically. Electronic sharing may include
2-8 posting information on acquisitions on the comptroller's state
2-9 government electronic bulletin board.
2-10 (f) A state agency shall collect and maintain information as
2-11 specified by the central administration of The University of Texas
2-12 System relating to the agency's acquisitions under this section.
2-13 The central administration of The University of Texas System is
2-14 entitled to access to all information collected and maintained
2-15 under this section.
2-16 (g) In this section:
2-17 (1) "Goods" means material, supplies, equipment, or
2-18 other tangible items.
2-19 (2) "Group purchasing program" means a program
2-20 administered by a business entity that offers discount prices on
2-21 goods and services to participants in the program.
2-22 (3) "Health care program" means a program or activity
2-23 administered or funded by a state agency to provide health care
2-24 services, research, education, or goods.
2-25 (4) "Medical and dental unit" has the meaning assigned
2-26 by Section 61.003, Education Code.
2-27 (5) "State agency purchasing consortium" means a group
3-1 of three or more state agencies acting pursuant to a written
3-2 agreement to receive discount prices from vendors based on volume
3-3 purchases of goods and services.
3-4 (h) This section does not apply to the state Medicaid
3-5 program.
3-6 SECTION 2. The central administration of The University of
3-7 Texas System shall report to the 75th Legislature concerning
3-8 activities of state agencies under Section 3.062, State Purchasing
3-9 and General Services Act (Article 601b, Vernon's Texas Civil
3-10 Statutes), as added by this Act.
3-11 SECTION 3. The importance of this legislation and the
3-12 crowded condition of the calendars in both houses create an
3-13 emergency and an imperative public necessity that the
3-14 constitutional rule requiring bills to be read on three several
3-15 days in each house be suspended, and this rule is hereby suspended,
3-16 and that this Act take effect and be in force from and after its
3-17 passage, and it is so enacted.