By Turner of Harris H.B. No. 1757
76R4859 SMJ-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to procurement by local governments and state agencies of
1-3 certain automated systems through certain nonprofit organizations.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 271.102, Local Government Code, is
1-6 amended by adding Subsection (d) to read as follows:
1-7 (d) A local government that procures an automated
1-8 information or telecommunications system, including associated
1-9 hardware, software, or programming, maintenance, repair, and
1-10 installation services, satisfies any state law requiring the local
1-11 government to seek competitive bids if:
1-12 (1) the local government procures the system under a
1-13 contract established by a nonprofit organization with a
1-14 certificate of authority to do business in this state; and
1-15 (2) the nonprofit organization:
1-16 (A) is chartered to serve governmental entities;
1-17 (B) is governed by elected and appointed local
1-18 government officials;
1-19 (C) functions as a local cooperative
1-20 organization that makes purchases for local governments and serves
1-21 as an educational resource for local governments on the procurement
1-22 and development of technology; and
1-23 (D) selects a qualified information systems
1-24 vendor as prescribed by Section 2157.062, Government Code, or uses
2-1 a competitive bidding process that complies with Sections 2155.132
2-2 and 2155.264, Government Code.
2-3 SECTION 2. Subchapter A, Chapter 2157, Government Code, is
2-4 amended by adding Section 2157.006 to read as follows:
2-5 Sec. 2157.006. PURCHASES THROUGH NONPROFIT ORGANIZATIONS. A
2-6 state agency may procure an automated information or
2-7 telecommunications system, including associated hardware, software,
2-8 or programming, maintenance, repair, and installation services,
2-9 under a contract established by a nonprofit organization if the
2-10 organization:
2-11 (1) has a certificate of authority to do business in
2-12 this state;
2-13 (2) is chartered to serve governmental entities;
2-14 (3) is governed by elected and appointed local
2-15 government officials;
2-16 (4) functions as a local cooperative organization that
2-17 makes purchases for local governments and serves as an educational
2-18 resource for local governments on the procurement and development
2-19 of technology; and
2-20 (5) selects a qualified information systems vendor as
2-21 prescribed by Section 2157.062 or uses a competitive bidding
2-22 process that complies with Sections 2155.132 and 2155.264.
2-23 SECTION 3. (a) This Act takes effect September 1, 1999.
2-24 (b) This Act applies only to a contract for the procurement
2-25 of an automated information or telecommunications system entered
2-26 into on or after the effective date of this Act. A contract for
2-27 the procurement of an automated information or telecommunications
3-1 system entered into before the effective date of this Act is
3-2 governed by the law in effect immediately before the effective date
3-3 of this Act, and that law is continued in effect for that purpose.
3-4 SECTION 4. The importance of this legislation and the
3-5 crowded condition of the calendars in both houses create an
3-6 emergency and an imperative public necessity that the
3-7 constitutional rule requiring bills to be read on three several
3-8 days in each house be suspended, and this rule is hereby suspended.