By Hernandez H.B. No. 319
75R2228 JRD-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the creation of a state business daily to give notice
1-3 before a state agency makes a procurement with a value that exceeds
1-4 $25,000.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Subchapter B, Chapter 2155, Government Code, is
1-7 amended by adding Section 2155.074 to read as follows:
1-8 Sec. 2155.074. STATE BUSINESS DAILY; NOTICE REGARDING
1-9 PROCUREMENTS EXCEEDING $25,000. (a) This section applies to each
1-10 state agency making a procurement that will exceed $25,000 in
1-11 value, without regard to the source of funds the agency will use
1-12 for the procurement, including a procurement that:
1-13 (1) is otherwise exempt from the commission's
1-14 purchasing authority or the application of this subtitle;
1-15 (2) is made under delegated purchasing authority;
1-16 (3) is related to a construction project; or
1-17 (4) is a procurement of professional or consulting
1-18 services.
1-19 (b) The commission each business day shall publish a
1-20 business daily in a printed format and in an electronic format.
1-21 The commission shall publish in the business daily information as
1-22 prescribed by this section about commission or other state agency
1-23 procurements that will exceed $25,000 in value. The commission
1-24 shall also publish in the business daily other information relating
2-1 to the business activity of the state that the commission considers
2-2 to be of interest to the public.
2-3 (c) The commission shall make the printed business daily
2-4 available for a subscription fee set in an amount that recovers the
2-5 cost of making the printed daily available.
2-6 (d) The commission shall make the electronic business daily
2-7 available through the information service operated by the Texas
2-8 Department of Commerce known as the Texas Marketplace, or a
2-9 suitable successor information service. The commission and the
2-10 department shall cooperate in making the electronic business daily
2-11 available.
2-12 (e) The fee charged for the printed business daily may not
2-13 include an amount designed to also recover the cost of preparing
2-14 and gathering the information that is published in the business
2-15 daily.
2-16 (f) The commission shall include at a minimum the following
2-17 information for each procurement that the commission or another
2-18 state agency will make that is estimated to exceed $25,000 in
2-19 value:
2-20 (1) a description of the goods or services to be
2-21 procured;
2-22 (2) the estimated cost of the procurement;
2-23 (3) the estimated quantity of goods or services to be
2-24 procured;
2-25 (4) if applicable, the previous price paid by the
2-26 commission or other state agency for the same or similar goods or
2-27 services;
3-1 (5) the estimated date on which the goods or services
3-2 to be procured will be needed; and
3-3 (6) the name, business mailing address, and business
3-4 telephone number of the commission employee or other state agency
3-5 employee a person can contact to obtain all necessary information
3-6 related to making a bid or proposal or other applicable expression
3-7 of interest for the procurement contract.
3-8 (g) The commission shall continue to publish the information
3-9 required under Subsection (f) in each issue of the business daily
3-10 for at least 30 calendar days and at least weekly after that period
3-11 until the commission or other state agency awards the procurement
3-12 contract or decides not to make the procurement.
3-13 (h) The commission or other state agency may not award the
3-14 procurement contract and shall continue to accept bids or proposals
3-15 or other applicable expressions of interest for the procurement
3-16 contract for at least 30 calendar days after the date that the
3-17 commission first published information about the procurement under
3-18 Subsection (f). The 30-calendar-day requirement of this subsection
3-19 and Subsection (g) does not apply in an emergency requiring the
3-20 commission or other state agency to make the procurement more
3-21 quickly to prevent a hazard to life, health, safety, welfare, or
3-22 property or to avoid undue additional cost to the state.
3-23 (i) Each state agency that will award a procurement contract
3-24 estimated to exceed $25,000 in value shall send to the commission:
3-25 (1) the information the commission requires for
3-26 publication in the state business daily under this section; and
3-27 (2) a notice when the procurement contract has been
4-1 awarded.
4-2 (j) The commission may adopt rules, prescribe forms, and
4-3 require information to administer this section. The commission
4-4 shall send any proposed rules to the governor, Legislative Budget
4-5 Board, comptroller, state auditor, and Texas Department of Commerce
4-6 for review and comment.
4-7 (k) The requirements of this section are in addition to the
4-8 requirements of other law relating to the solicitation of bids,
4-9 proposals, or expressions of interest for a procurement by the
4-10 commission or another state agency. This section does not affect
4-11 whether the commission or other state agency is required to award a
4-12 procurement contract through competitive bidding, competitive
4-13 sealed proposals, or another method.
4-14 SECTION 2. The 30-day requirement of Sections 2155.074(g)
4-15 and (h), Government Code, as added by this Act, applies only to a
4-16 procurement contract awarded on or after July 1, 1998.
4-17 SECTION 3. This Act takes effect June 1, 1998, except that
4-18 the General Services Commission may adopt rules, procedures, and
4-19 forms and make agreements necessary to administer this Act
4-20 beginning September 1, 1997.
4-21 SECTION 4. The importance of this legislation and the
4-22 crowded condition of the calendars in both houses create an
4-23 emergency and an imperative public necessity that the
4-24 constitutional rule requiring bills to be read on three several
4-25 days in each house be suspended, and this rule is hereby suspended.