By Truan S.B. No. 1039
75R3891 JRD-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to electronic commerce for the state's purchasing
1-3 activities.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subchapter B, Chapter 2155, Government Code, is
1-6 amended by adding Section 2155.074 to read as follows:
1-7 Sec. 2155.074. ELECTRONIC COMMERCE. (a) The commission
1-8 shall develop an electronic commerce capability that allows the
1-9 state's purchasing transactions with vendors to be accomplished
1-10 electronically by means of facsimile transmission and on-line
1-11 transmission of necessary information. The commission shall use
1-12 the standard data protocol developed by the American National
1-13 Standards Institute known as electronic data interchange. The
1-14 commission may enter into contracts with one or more public or
1-15 private entities to develop the capability.
1-16 (b) The commission, with the assistance of the comptroller,
1-17 the Department of Information Resources, and other state agencies
1-18 with relevant expertise, shall adopt a strategic plan that
1-19 describes the most efficient method for developing and implementing
1-20 the state's electronic commerce capabilities, taking into account
1-21 the costs and benefits to the state and the needs and capabilities
1-22 of state agencies. The commission, with the assistance of the other
1-23 agencies, shall update the plan at least biennially.
1-24 (c) The commission shall charge vendors and state agencies
2-1 that participate in the commission's electronic commerce system a
2-2 fee designed to recover on a pro rata basis the commission's full
2-3 costs in developing and maintaining the system.
2-4 (d) The commission shall gradually implement its electronic
2-5 commerce system. The commission shall first make the electronic
2-6 commerce system available to state agencies that will save the
2-7 state the most money through using the system. Before the
2-8 commission makes its system available to an agency, the agency and
2-9 the commission shall cooperate to determine how best to implement
2-10 the system for the agency.
2-11 (e) As an incentive to participate in the electronic
2-12 commerce system, the commission may reduce a state agency's
2-13 payments to the commission for use of the consolidated
2-14 telecommunications system under Chapter 2170 in an amount not to
2-15 exceed the amount the agency pays the commission to participate in
2-16 the electronic commerce system if the commission:
2-17 (1) first analyzes in detail the costs and benefits to
2-18 the state of doing so for a particular agency; and
2-19 (2) determines that sufficient savings from operating
2-20 efficiencies in the consolidated telecommunications system and
2-21 sufficient projected savings from the agency's participation in
2-22 the electronic commerce system exist so that the reduction in
2-23 payments under Chapter 2170 is advantageous to the state.
2-24 (f) The commission may allow political subdivisions and
2-25 other public entities to participate in the electronic commerce
2-26 system. The commission shall charge a participating political
2-27 subdivision or public entity a fee for participation in the same
3-1 manner that participating state agencies are charged a fee under
3-2 Subsection (c). When applicable, the commission may reduce any
3-3 fees paid by a participating political subdivision or other public
3-4 entity for use of the state's consolidated telecommunications
3-5 system in accordance with Subsection (e). The commission shall
3-6 regularly question political subdivisions that use the electronic
3-7 commerce system to determine ways the political subdivisions can
3-8 benefit further from participating in the system.
3-9 (g) The commission may adopt rules to administer this
3-10 section.
3-11 SECTION 2. Section 2156.005(a), Government Code, is amended
3-12 to read as follows:
3-13 (a) A bidder must submit a sealed bid to the commission. The
3-14 bid must be identified on the envelope as a bid. The commission
3-15 may waive these requirements for a bid and allow facsimile or
3-16 on-line transmission of the bid when the commission considers that
3-17 the electronic commerce capabilities of the state and of the vendor
3-18 are sufficient to allow it.
3-19 SECTION 3. Section 2156.063, Government Code, is amended to
3-20 read as follows:
3-21 Sec. 2156.063. SOLICITATION OF BIDS. The commission shall
3-22 solicit bids under this subchapter by:
3-23 (1) direct mail;[,]
3-24 (2) telephone[,] or telegraph;
3-25 (3) facsimile transmission;
3-26 (4) on-line electronic transmission; or
3-27 (5) posting on an electronic bulletin board.
4-1 SECTION 4. The General Services Commission shall submit to
4-2 the legislature and gradually begin implementation of the strategic
4-3 plan for the development and implementation of electronic commerce
4-4 capabilities required by Section 2155.074, Government Code, as
4-5 added by this Act, not later than September 1, 1998.
4-6 SECTION 5. This Act takes effect September 1, 1997.
4-7 SECTION 6. The importance of this legislation and the
4-8 crowded condition of the calendars in both houses create an
4-9 emergency and an imperative public necessity that the
4-10 constitutional rule requiring bills to be read on three several
4-11 days in each house be suspended, and this rule is hereby suspended.