LEGISLATIVE BUDGET BOARD
                                   Austin, Texas
         
                                   FISCAL NOTE
                               75th Regular Session
         
                                  May 27, 1997
         
         
      TO: Honorable Bob Bullock            IN RE:  Senate Bill No. 1752, As Passed 2nd House
          Lieutenant Governor                Armbrister
          Senate
          Austin, Texas
         
         
         
         
         FROM:  John Keel, Director    
         
In response to your request for a Fiscal Note on SB1752 ( Relating 
to the purchase of goods and services by the state and to purchasing 
services provided by the state to local governments.) this office 
has detemined the following:
         
         Biennial Net Impact to General Revenue Funds by SB1752-As Passed 2nd House
         
Implementing the provisions of the bill would result in a net 
impact of $0 to General Revenue Related Funds through the biennium 
ending August 31, 1999.
         

         
 
Fiscal Analysis
 
The bill would require state agencies and institutions of higher 
education to use the "best value" approach when evaluating contractor 
bids, and to provide a process for barring contractors from 
contracting with the state under certain circumstances. The 
bill would also increase the threshold for requiring competitive 
bids from $1,000 to $2,000 and allow the General Services Commission 
(GSC) to delegate additional purchasing authority to state agencies. 
The bill would allow a state agency to purchase goods and services 
from a vendor who is not on the bidders list if the purchase 
price does not exceed $5,000.  The bill would require the GSC 
to establish a training and continuing education program for 
certifying state agency purchasing staff.  The cost of providing 
this training program would be provided on a full cost recovery 
basis.

The bill would also amend Section 447.008 of the Government 
Code relating to the authority of the state energy management 
center at the General Services Commission (GSC).  The bill would 
authorize the center to negotiate rates for state agency electric 
services.  Electric service contracts could be negotiated by 
the center for each state agency, or under a single contract 
on behalf of several state agencies.  

The Office of the 
Attorney General (OAG) would be empowered to represent the energy 
management center as an intervenor in Public Utility Commission 
proceedings related to electric utility industry deregulation. 
 The OAG and the center would cooperate in monitoring efforts 
to deregulate the electric utility industry and in reporting 
on the ways deregulation would affect state government as a 
purchaser of electricity.

The energy management center would 
be directed to analyze electricity rates and usage to determine 
ways in which the state could lower its utility costs.  The 
PUC and other state agencies would be required to assist the 
center in obtaining the information it needs to perform this 
analysis. 

The bill would amend the Government Code relating 
to the Department of Public Safety's authority to make certain 
expenditures, and to require the General Services Commission 
and the Department of Information Resources to develop a technology 
access clause to be included in all state contracts. The bill 
would also amend the Public Utility Regulatory Act relating 
to fees charged for electronic access to certain information.
 
Methodolgy
 
The expanded training program for state agency purchasing staff 
required by the bill would result in additional costs based 
on an assessment of workload by the GSC.  These costs would 
be recovered by the GSC in the form of interagency contracts. 
 However, the cost to each agency is not expected to be significant.

The 
purchase of products and services having the "best value" could 
result in savings to the state over the long run due to increased 
reliability, durability, and quality of the products and services 
purchased. 

The General Services Commission anticipates that 
it would need the following four additional FTEs to negotiate 
electric service contracts and electric rates for state agency 
electric services:  a Director of Programs II, an Attorney V, 
an Administrative Technician I, and a Utility Specialist I. 
 The Commission expects to be able to use oil overcharge money, 
which is paid out of a General Revenue dedicated account, for 
these functions. 
 
Five Year Impact:
 
Fiscal Year Probable           Change in Number   
            Savings/(Cost)     of State                                                                   
            from Oil           Employees from                                                             
            Overcharge         FY 1997                                                                    
            Account/                                                                                      
            GR-Dedicated                                                                                  
            5005                                                                                           
       1998        ($200,593)               4.0                                                      
       1998         (200,593)               4.0                                                      
       2000         (200,593)               4.0                                                      
       2001         (200,593)               4.0                                                      
       2002         (200,593)               4.0                                                      
 
 

 

          
The bill would not require units of local government to participate 
in the training programs offered by the GSC.  However, local 
governments choosing to receive such training would be charged 
on a cost recovery basis by the GSC.
          
   Source:            Agencies:   720   University of Texas System Administration
                                         601   Department of Transportation
                                         696   Department of Criminal Justice
                                         303   General Services Commission
                                         304   Comptroller of Public Accounts
                                         473   Public Utility Commission of Texas
                                         302   Office of the Attorney General
                      LBB Staff:   JK ,JD ,RN