By Greenberg                                    H.B. No. 1805

      75R3878 JRD-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the methods used by state government to purchase

 1-3     information resources technologies.

 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-5           SECTION 1.  Subchapter C, Chapter 2054, Government Code, is

 1-6     amended by adding Section 2054.060 to read as follows:

 1-7           Sec. 2054.060.  TRAINING IN CONTRACT NEGOTIATION.  (a)  The

 1-8     department with the cooperation of the comptroller, the General

 1-9     Services Commission, and other appropriate state agencies shall

1-10     develop and implement a program to train state agency personnel in

1-11     effectively negotiating contracts for the purchase of information

1-12     resources technologies.

1-13           (b)  The department shall make the training available to

1-14     state agency personnel who are directly or indirectly involved in

1-15     contract negotiations, such as senior or operational management,

1-16     purchasers, users of the purchased technologies, and personnel with

1-17     relevant technical, legal, or financial knowledge.

1-18           (c)  The department shall include in the training:

1-19                 (1)  information on developing a structured purchasing

1-20     method that meets an agency's needs;

1-21                 (2)  information drawn from the state's previous

1-22     procurement experience about what is or is not advantageous for the

1-23     state;

1-24                 (3)  the perspective of state agencies with oversight

 2-1     responsibilities related to the state's procurement of information

 2-2     resources technologies; and

 2-3                 (4)  other information that the department considers to

 2-4     be  useful.

 2-5           (d)  The department may use its own staff or contract with

 2-6     private entities or other state agencies to conduct the training.

 2-7           SECTION 2.  Section 2157.062(a), Government Code, is amended

 2-8     to read as follows:

 2-9           (a)  To sell or lease an automated information system under

2-10     this subchapter to a state agency, a vendor must apply to the

2-11     commission for designation as a qualified information systems

2-12     vendor.  The commission shall prescribe the application process.

2-13     The commission may allow or require a vendor to apply on-line.

2-14           SECTION 3.  Section 2157.066, Government Code, is amended to

2-15     read as follows:

2-16           Sec. 2157.066.  CATALOGUE REQUIREMENTS.  (a)  A vendor

2-17     designated by the commission as a qualified information systems

2-18     vendor shall publish and maintain a catalogue described by Section

2-19     2157.062(b)(1) in the manner required by the commission.

2-20           (b)  The vendor shall revise the catalogue as necessary to

2-21     include price changes or the availability of goods or services and

2-22     shall make the revisions available in the manner required by

2-23     [forward to] the commission [and all eligible purchasers a copy of

2-24     each revised catalogue].

2-25           (c)  The commission shall make the catalogue information

2-26     available on the world wide web, or on a suitable successor to the

2-27     world wide web if the technological developments involving the

 3-1     Internet make it advisable to do so. The commission shall require

 3-2     each qualified information systems vendor to maintain a home page

 3-3     on the web, or an analogous feature on a suitable successor,

 3-4     through which the vendor makes the vendor's current catalogue

 3-5     information publicly available. The commission shall maintain the

 3-6     necessary databases and indexing functions through which a state

 3-7     agency or the public may efficiently search for and find each

 3-8     qualified information systems vendor's catalogue information on the

 3-9     web or on a suitable successor.

3-10           (d)  The commission shall phase in the requirement that all

3-11     catalogue information must be available on the world wide web and

3-12     shall allow or require qualified information systems vendors to

3-13     publish catalogues on paper until the commission determines that

3-14     the automated information capabilities of the state, of political

3-15     subdivisions, and of vendors are sufficient for the commission to

3-16     require that all catalogues be made available electronically. The

3-17     commission shall prescribe its requirements and the timing of its

3-18     requirements under this section by rule.

3-19           (e)  In this section, "Internet" means the largest

3-20     nonproprietary nonprofit cooperative public computer network,

3-21     popularly known as the Internet.

3-22           SECTION 4.  The comptroller, with the cooperation of other

3-23     appropriate state agencies, shall evaluate and determine the extent

3-24     to which it would be advantageous to the state for other goods and

3-25     services to be procured in a manner similar to the manner in which

3-26     automated information systems are procured under the catalogue

3-27     purchasing procedure of Subchapter B, Chapter 2157, Government

 4-1     Code.  The comptroller shall report the findings and determinations

 4-2     to the general investigating committees of each house of the

 4-3     legislature.

 4-4           SECTION 5.  The Department of Information Resources shall

 4-5     consult the California Franchise Tax Board about the manner in

 4-6     which the board purchases information resources technologies and

 4-7     structures its contracts for the purchase of those technologies. If

 4-8     the department determines that one or more of the board's practices

 4-9     can and should be adapted for use by state agencies in Texas, the

4-10     department shall include information about the practices in its

4-11     training program conducted under Section 2054.060, Government Code,

4-12     as added by this Act.

4-13           SECTION 6.  This Act takes effect September 1, 1997.

4-14           SECTION 7.  The importance of this legislation and the

4-15     crowded condition of the calendars in both houses create an

4-16     emergency and an imperative public necessity that the

4-17     constitutional rule requiring bills to be read on three several

4-18     days in each house be suspended, and this rule is hereby suspended.