By Reyna of Bexar H.B. No. 1795
76R7218 MCK-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to certain state purchasing procedures.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 2155.074, Government Code, as added by
1-5 Chapter 508, Acts of the 75th Legislature, Regular Session, 1997,
1-6 is amended by amending the heading and Subsections (a), (c), (g),
1-7 and (k) to read as follows:
1-8 Sec. 2155.074. STATE BUSINESS DAILY; NOTICE REGARDING
1-9 PROCUREMENTS EXCEEDING $10,000 [$25,000]. (a) Except as provided
1-10 by Subsection (n), this section applies to each state agency making
1-11 a procurement that will exceed $10,000 [$25,000] in value, without
1-12 regard to the source of funds the agency will use for the
1-13 procurement, including a procurement that:
1-14 (1) is otherwise exempt from the commission's
1-15 purchasing authority or the application of this subtitle;
1-16 (2) is made under delegated purchasing authority;
1-17 (3) is related to a construction project; or
1-18 (4) is a procurement of professional or consulting
1-19 services.
1-20 (c) The department each business day shall produce and post
1-21 a business daily in an electronic format. The department shall
1-22 post in the business daily information as prescribed by this
1-23 section about each state agency procurement that will exceed
1-24 $10,000 [$25,000] in value. The department shall also post in the
2-1 business daily other information relating to the business activity
2-2 of the state that the department considers to be of interest to the
2-3 public.
2-4 (g) A state agency shall post in the business daily either
2-5 the entire bid or proposal solicitation package or a notice that
2-6 includes at a minimum the following information for each
2-7 procurement that the state agency will make that is estimated to
2-8 exceed $10,000 [$25,000] in value:
2-9 (1) a brief description of the goods or services to be
2-10 procured and any applicable state product or service codes for the
2-11 goods and services;
2-12 (2) the last date on which bids, proposals, or other
2-13 applicable expressions of interest will be accepted;
2-14 (3) the estimated quantity of goods or services to be
2-15 procured;
2-16 (4) if applicable, the previous price paid by the
2-17 state agency for the same or similar goods or services;
2-18 (5) the estimated date on which the goods or services
2-19 to be procured will be needed; and
2-20 (6) the name, business mailing address, and business
2-21 telephone number of the state agency employee a person may contact
2-22 to obtain all necessary information related to making a bid or
2-23 proposal or other applicable expression of interest for the
2-24 procurement contract.
2-25 (k) Each state agency that will award a procurement contract
2-26 estimated to exceed $10,000 [$25,000] in value shall send to the
2-27 department:
3-1 (1) the information the department requires for
3-2 posting in the state business daily under this section; and
3-3 (2) a notice when the procurement contract has been
3-4 awarded or when the state agency has decided to not make the
3-5 procurement.
3-6 SECTION 2. Section 2155.132, Government Code, is amended by
3-7 amending the heading and Subsections (a), (b), and (c) to read as
3-8 follows:
3-9 Sec. 2155.132. DELEGATION OF PURCHASING AUTHORITY [PURCHASES
3-10 LESS THAN SPECIFIED MONETARY AMOUNT]. (a) [A state agency is
3-11 delegated the authority to purchase goods and services if the
3-12 purchase does not exceed $15,000. If the commission determines that
3-13 a state agency has not followed the commission's rules or the laws
3-14 related to the delegated purchases, the commission shall report its
3-15 determination to the governor, lieutenant governor, speaker of the
3-16 house of representatives, and Legislative Budget Board.]
3-17 [(b)] The commission by rule may delegate to a state agency
3-18 the authority to purchase goods and services [if the purchase
3-19 exceeds $15,000].
3-20 (b) In delegating purchasing authority under this section
3-21 [subsection or Section 2155.131], the commission shall consider
3-22 factors relevant to a state agency's ability to perform purchasing
3-23 functions, including:
3-24 (1) the capabilities of the agency's purchasing staff
3-25 and the existence of automated purchasing tools at the agency;
3-26 (2) the certification levels held by the agency's
3-27 purchasing personnel;
4-1 (3) the results of the commission's procurement review
4-2 audits of an agency's purchasing practices; and
4-3 (4) whether the agency has adopted and published
4-4 protest procedures consistent with those of the commission as part
4-5 of its purchasing rules.
4-6 (c) The commission shall monitor the purchasing practices of
4-7 state agencies that are making delegated purchases under this
4-8 section [Subsection (b) or Section 2155.131] to ensure that the
4-9 certification levels of the agency's purchasing personnel and the
4-10 quality of the agency's purchasing practices continue to warrant
4-11 the amount of delegated authority provided by the commission to the
4-12 agency. The commission may revoke for cause all or part of the
4-13 purchasing authority that the commission delegated to a state
4-14 agency. The commission shall adopt rules to administer this
4-15 subsection.
4-16 SECTION 3. Section 2155.131, Government Code, is repealed.
4-17 SECTION 4. This Act takes effect September 1, 1999.
4-18 SECTION 5. The importance of this legislation and the
4-19 crowded condition of the calendars in both houses create an
4-20 emergency and an imperative public necessity that the
4-21 constitutional rule requiring bills to be read on three several
4-22 days in each house be suspended, and this rule is hereby suspended.