1-1 By: Zaffirini S.B. No. 406
1-2 (In the Senate - Filed February 13, 1995; February 14, 1995,
1-3 read first time and referred to Committee on Health and Human
1-4 Services; April 20, 1995, reported adversely, with favorable
1-5 Committee Substitute by the following vote: Yeas 7, Nays 0;
1-6 April 20, 1995, sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 406 By: Zaffirini
1-8 A BILL TO BE ENTITLED
1-9 AN ACT
1-10 relating to health care purchasing by state agencies.
1-11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-12 SECTION 1. Article 3, State Purchasing and General Services
1-13 Act (Article 601b, Vernon's Texas Civil Statutes), is amended by
1-14 adding Section 3.062 to read as follows:
1-15 Sec. 3.062. HEALTH CARE PURCHASING. (a) A state agency
1-16 shall acquire goods and services used in support of the agency's
1-17 health care programs by the method that provides the greatest
1-18 volume discount for the goods or service, including group
1-19 purchasing programs, state agency purchasing consortiums, or
1-20 competitive sealed proposals.
1-21 (b) A state agency may contract with a medical and dental
1-22 unit to have the unit perform all or part of the purchasing
1-23 functions of the agency under this section or to participate in a
1-24 state agency purchasing consortium or group purchasing program with
1-25 the medical and dental unit.
1-26 (c) If an agency determines that it should consider factors
1-27 in addition to volume discounts in acquiring a particular good or
1-28 service, the agency may acquire the good or service by the most
1-29 cost-effective method of acquisition available, including group
1-30 purchasing programs, state agency purchasing consortiums, or
1-31 competitive sealed proposals.
1-32 (d) A state agency shall provide appropriate information to
1-33 the commission concerning acquisitions made by the agency under
1-34 this section, but the commission's authority under this article
1-35 does not extend to the acquisition of goods and services made under
1-36 this section.
1-37 (e) The central administration of The University of Texas
1-38 System shall develop methods for sharing information concerning
1-39 acquisitions made under this section, including methods for sharing
1-40 the information electronically. Electronic sharing may include
1-41 posting information on acquisitions on the comptroller's state
1-42 government electronic bulletin board.
1-43 (f) A state agency shall collect and maintain information as
1-44 specified by the central administration of The University of Texas
1-45 System relating to the agency's acquisitions under this section.
1-46 The central administration of The University of Texas System is
1-47 entitled to access to all information collected and maintained
1-48 under this section.
1-49 (g) In this section:
1-50 (1) "Goods" means material, supplies, equipment, or
1-51 other tangible items.
1-52 (2) "Group purchasing program" means a program
1-53 administered by a business entity that offers discount prices on
1-54 goods and services to participants in the program.
1-55 (3) "Health care program" means a program or activity
1-56 administered or funded by a state agency to provide health care
1-57 services, research, education, or goods.
1-58 (4) "Medical and dental unit" has the meaning assigned
1-59 by Section 61.003, Education Code.
1-60 (5) "State agency purchasing consortium" means a group
1-61 of three or more state agencies acting pursuant to a written
1-62 agreement to receive discount prices from vendors based on volume
1-63 purchases of goods and services.
1-64 (h) This section does not apply to the state Medicaid
1-65 program.
1-66 SECTION 2. The central administration of The University of
1-67 Texas System shall report to the 75th Legislature concerning
1-68 activities of state agencies under Section 3.062, State Purchasing
2-1 and General Services Act (Article 601b, Vernon's Texas Civil
2-2 Statutes), as added by this Act.
2-3 SECTION 3. The importance of this legislation and the
2-4 crowded condition of the calendars in both houses create an
2-5 emergency and an imperative public necessity that the
2-6 constitutional rule requiring bills to be read on three several
2-7 days in each house be suspended, and this rule is hereby suspended,
2-8 and that this Act take effect and be in force from and after its
2-9 passage, and it is so enacted.
2-10 * * * * *