74R13202 MJW-F
By Montford S.B. No. 1295
Substitute the following for S.B. No. 1295:
By Black C.S.S.B. No. 1295
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to use of the open market purchase procedure for certain
1-3 state travel services and to sunsetting the General Services
1-4 Commission's provision of certain travel services.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Section 14.02, State Purchasing and General
1-7 Services Act (Article 601b, Vernon's Texas Civil Statutes), is
1-8 amended by amending Subsections (b) and (c) and adding Subsections
1-9 (f) and (g) to read as follows:
1-10 (b) The office shall <may> negotiate contracts with private
1-11 travel agents, with travel and transportation providers, and with
1-12 credit card companies that provide travel services and other
1-13 benefits to the state. To the greatest extent possible, the
1-14 commission shall use electronic means to solicit and receive bids
1-15 under this subsection. The commission shall make contracts with
1-16 travel agents that meet certain reasonable requirements, including
1-17 requirements relating to cost savings to the state, promulgated by
1-18 the central travel office, allowing contracts to provide travel
1-19 services by as many private travel agents as possible with
1-20 preference given to Texas resident entities <more than one provider
1-21 of travel agency services>. Contracts entered into under this
1-22 section are not subject to the competitive bidding requirements
1-23 imposed under Article 3 of this Act. The comptroller of public
1-24 accounts shall audit travel vouchers in accordance with Chapter
2-1 403, Government Code, and its subsequent amendments, for compliance
2-2 with rules adopted to enforce the provisions of this section.
2-3 (c) State agencies in the executive branch of state
2-4 government shall participate in accordance with commission rules in
2-5 the commission's contracts for travel services, provided that all
2-6 travel agents approved by the commission are permitted to contract
2-7 with the state and provide travel services to all state agencies.
2-8 Institutions of higher education as defined by Section 61.003,
2-9 Education Code, shall not be required to participate in the
2-10 commission's contracts for travel agency services or other travel
2-11 services purchased from funds other than general revenue funds or
2-12 educational and general funds as defined by Section 51.009,
2-13 Education Code. The commission may provide by rule for exemptions
2-14 from required participation. Agencies of the state that are not
2-15 required to participate in commission contracts for travel services
2-16 may participate as provided by Subsection (a) of this section.
2-17 (f) A local law enforcement officer or employee who is
2-18 transporting a state prisoner under a felony warrant may
2-19 participate in the commission's contract for travel services for
2-20 purposes of obtaining reduced airline fares for the officer or
2-21 employee and the prisoner. The commission shall adopt rules and
2-22 make or amend contracts as necessary to administer this subsection.
2-23 (g) The commission's program relating to travel administered
2-24 by the central travel office under this section is subject to
2-25 review under Chapter 325, Government Code (Texas Sunset Act), as if
2-26 it were a state agency subject to review under that chapter. If
2-27 the commission's program relating to travel administered by the
3-1 central travel office under this section is not continued in
3-2 existence in accordance with that chapter, the program is abolished
3-3 and this section expires September 1, 1997. To the extent that
3-4 Chapter 325, Government Code (Texas Sunset Act), places a duty on a
3-5 state agency subject to review under that chapter, the commission
3-6 shall perform the duty as it relates to the commission's program
3-7 relating to travel administered by the central travel office under
3-8 this section.
3-9 SECTION 2. In no event may the General Services Commission
3-10 hire new employees as a result of the changes in law made by this
3-11 Act.
3-12 SECTION 3. This Act takes effect September 1, 1995.
3-13 SECTION 4. The importance of this legislation and the
3-14 crowded condition of the calendars in both houses create an
3-15 emergency and an imperative public necessity that the
3-16 constitutional rule requiring bills to be read on three several
3-17 days in each house be suspended, and this rule is hereby suspended.