SRC-JBJ, ARR S.B. 1721 76(R)BILL ANALYSIS


Senate Research CenterS.B. 1721
76R7147 JRD-FBy: Ellis
State Affairs
4/26/1999
Committee Report (Amended)


DIGEST 

Currently, Texas law requires every state agency procurement of $25,000 or
more to be posted, regardless of whether or not a competitive procurement
process is otherwise required. Changes are needed to clarify that only
agency procurements that are subject to competitive processes must be
posted. S.B. 1721 would authorize the posting of certain state procurement
information on the Electronic State Business Daily. 

PURPOSE

As proposed, S.B. 1721 authorizes the posting of certain state procurement
information on the Electronic State Business Daily.  

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 2155.074, Government Code, by amending
Subsections (b), (c), (h), (n) and adding Subsections (o) and (p), to
redefine "department." Requires the Texas Department of Economic
Development (department) to post in the business daily information as
prescribed by this section about each state agency procurement opportunity
that will exceed $25,000 in value. Provides that this section does not
apply to certain actions. Provides that a bidder or offeror is not required
to submit a request for information under the public information law,
Chapter 552, before submitting a bid, proposal, or other expression of
interest for a procurement for which notice is posted under this section.
Provides that this section does not apply to a purchase of goods or
services related to the Year 2000 computer and embedded system problem if
the state agency must make the procurement to prevent a hazard to life,
health, safety, the public welfare, or property or to avoid undue
additional costs to the state. Provides that this subsection expires
January 1, 2001. Makes conforming and nonsubstantive changes. 

SECTION 2. Effective date: September 1, 1999.

SECTION 3. Emergency clause. 

SUMMARY OF COMMITTEE CHANGES

SECTION 1. 

Amends Section 2155.074, Government Code, by adding Subsection (n)(13)
regarding a noncompetitive purchase of goods or services for libraries
operated as part of a university system or institution of higher education,
under Section 2155.139. Amends Subsection (n)(9) regarding a purchase of
equipment for covert operations relating to security by a state agency
performing law enforcement functions. Deletes text regarding a purchaser of
lease of an automated information system through the catalogue procedure
under Chapter 2157B.