By: Armbrister S.B. No. 1127
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the purchase of goods and services by the state.
1-2 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-3 SECTION 1. Section 2155.078, Government Code, is amended by
1-4 amending the section heading and Subsections (a) and (m) to read as
1-5 follows:
1-6 Sec. 2155.078. TRAINING AND CERTIFICATION OF STATE AGENCY
1-7 PURCHASING PERSONNEL AND VENDORS. (a) The commission shall
1-8 establish and administer a system of training, continuing
1-9 education, and certification for state agency purchasing personnel.
1-10 The commission may establish and offer appropriate training to
1-11 vendors on a cost recovery basis. The commission may adopt rules
1-12 to administer this section, including rules relating to monitoring
1-13 a certified purchaser's compliance with the continuing education
1-14 requirements of this section.
1-15 (m) The commission's prerequisites for receiving a
1-16 level-three purchaser certification must include completion of the
1-17 second training level, passage of a written [and an oral]
1-18 examination, and a minimum of three years of purchasing experience.
1-19 SECTION 2. Subsection (d), Section 2155.262, Government
1-20 Code, is amended to read as follows:
1-21 (d) A state agency shall submit to the commission each
1-22 uniform registration form that it receives. [The commission shall
1-23 send to the comptroller a copy of each uniform registration form.]
1-24 SECTION 3. Subsection (a), Section 2155.263, Government
2-1 Code, is amended to read as follows:
2-2 (a) The commission shall maintain a centralized master
2-3 bidders list and [annually] register on the list the name and
2-4 address of each vendor that applies for registration under rules
2-5 adopted under this subchapter. The commission may include other
2-6 relevant vendor information on the list.
2-7 SECTION 4. Subsection (a), Section 2155.266, Government
2-8 Code, is amended to read as follows:
2-9 (a) The commission may charge a person applying for
2-10 registration on the master bidders list a registration fee and may
2-11 charge a registrant a biennial [an annual] renewal fee in an amount
2-12 designed to recover the commission's costs in:
2-13 (1) making and maintaining the master bidders list;
2-14 and
2-15 (2) soliciting bids or proposals under this
2-16 subchapter.
2-17 SECTION 5. Section 2155.384, Government Code, is amended to
2-18 read as follows:
2-19 Sec. 2155.384. AUTHORITY TO PAY CHARGES. The commission,
2-20 [or] a state agency, or an entity authorized under Chapter 271,
2-21 Local Government Code, or Section 2155.202 to purchase from a
2-22 contract entered into under the authority of the commission may pay
2-23 a restocking charge, cancellation fee, or other similar charge if
2-24 the commission, state agency, or other entity determines that the
2-25 charge is justifiable.
2-26 SECTION 6. Section 2155.445, Government Code, is amended to
3-1 read as follows:
3-2 Sec. 2155.445. PREFERENCE FOR RECYCLED, REMANUFACTURED, OR
3-3 ENVIRONMENTALLY SENSITIVE PRODUCTS. (a) The commission and state
3-4 agencies shall give preference to [a product made of] recycled,
3-5 remanufactured, or environmentally sensitive products, as those
3-6 terms are defined by rule of the commission, [materials] in
3-7 purchases made under this subtitle if the product meets state
3-8 specifications regarding quantity and quality.
3-9 (b) The commission regularly shall review and revise its
3-10 procurement procedures and specifications for the purchase of goods
3-11 to:
3-12 (1) eliminate procedures and specifications that
3-13 explicitly discriminate against [products made of] recycled,
3-14 remanufactured, or environmentally sensitive products, as those
3-15 terms are defined by rule of the commission, [materials]; and
3-16 (2) encourage the use of [products made of] recycled,
3-17 remanufactured, or environmentally sensitive products [materials].
3-18 (c) In developing new procedures and specifications, the
3-19 commission shall encourage the use of recycled products and
3-20 products that may be recycled or reused or that are remanufactured
3-21 or environmentally sensitive.
3-22 SECTION 7. Section 2155.448, Government Code, is amended to
3-23 read as follows:
3-24 Sec. 2155.448. EXPENDITURES FOR RECYCLED, REMANUFACTURED, OR
3-25 ENVIRONMENTALLY SENSITIVE COMMODITIES OR SERVICES [MATERIALS].
3-26 (a) Each state fiscal year, the commission, in coordination with
4-1 the Recycling Market Development Board, by rule may identify
4-2 recycled, remanufactured, or environmentally sensitive commodities
4-3 or services, as those terms are defined by rule of the commission,
4-4 and designate purchasing goals for the procurement of those
4-5 commodities and services by state agencies for that fiscal year [A
4-6 state agency shall spend not less than eight percent of its
4-7 consumable procurement budget for each fiscal year for goods that
4-8 have recycled material content or that are remanufactured or
4-9 environmentally sensitive, as those terms are defined by the
4-10 commission].
4-11 (b) A state agency that intends to purchase a commodity or
4-12 service that accomplishes the same purpose as a commodity or
4-13 service identified under Subsection (a) that does not meet the
4-14 definition of a recycled product or that is not remanufactured or
4-15 environmentally sensitive, as those terms are defined by rule of
4-16 the commission, shall include with the procurement file a written
4-17 justification signed by the executive head of the agency stating
4-18 the reasons for the determination that the commodity or service
4-19 identified by the commission will not meet the requirements of the
4-20 agency [Not later than January 1 of each year, a state agency shall
4-21 deliver a report of the total expenditures in the areas subject to
4-22 Subsection (a) and the amount spent in each category for the
4-23 previous fiscal year to the Legislative Budget Board].
4-24 (c) A state agency shall report in its annual financial
4-25 report, and in an annual report to the commission at a date and in
4-26 a manner and form prescribed by the commission, the expenditures
5-1 made during the preceding state fiscal year for each of the
5-2 commodities or services identified under Subsection (a). The
5-3 report must at a minimum identify the total amount spent on those
5-4 commodities and services and the total amount spent for commodities
5-5 and services purchased that accomplish the same purpose.
5-6 Additionally, state agencies shall report the amount spent for all
5-7 other recycled, remanufactured, and environmentally sensitive
5-8 commodities and services by type of commodity and service as
5-9 prescribed by the commission.
5-10 SECTION 8. Section 2156.121, Government Code, is amended by
5-11 adding Subsection (c) to read as follows:
5-12 (c) The commission shall determine whether to delegate sole
5-13 oversight of the acquisition to a state agency or to retain
5-14 oversight of the procurement.
5-15 SECTION 9. Chapter 2156, Government Code, is amended by
5-16 adding Subchapter D to read as follows:
5-17 SUBCHAPTER D. INTERSTATE COMPACTS PROCEDURE
5-18 Sec. 2156.181. INTERSTATE COMPACTS AND COOPERATIVE
5-19 AGREEMENTS FOR PROCUREMENTS. (a) The commission may enter into
5-20 one or more compacts, interagency agreements, or cooperative
5-21 purchasing agreements with one or more state governments, agencies
5-22 of other states, or other governmental entities for the purchase of
5-23 goods or services if the commission determines that entering into
5-24 an agreement would be in the best interest of the state.
5-25 (b) The commission may adopt rules to implement this
5-26 section.
6-1 SECTION 10. Subdivision (1), Section 2157.001, Government
6-2 Code, is amended to read as follows:
6-3 (1) "Automated information system" includes:
6-4 (A) the computers and computer devices on which
6-5 an [the] information system is automated, including computers and
6-6 computer devices that the commission identifies in guidelines
6-7 developed by the commission in consultation with the Department of
6-8 Information Resources and in accordance with Chapter 2054 and rules
6-9 adopted under that chapter;
6-10 (B) a service related to the automation of an
6-11 information [the] system, including computer software[,] or [the]
6-12 computers;
6-13 (C) a telecommunications apparatus or device
6-14 that serves as a component of a voice, data, or video
6-15 communications network for transmitting, switching, routing,
6-16 multiplexing, modulating, amplifying, or receiving signals on the
6-17 network, and services related to telecommunications that are not
6-18 covered under Paragraph (D); and
6-19 (D) for the General Services Commission, as
6-20 telecommunications provider for the state [State], the term
6-21 includes any service provided by a telecommunications provider, as
6-22 that term is defined by Section 51.002, Utilities Code [in the
6-23 Public Utility Regulatory Act of 1995 (Article 1446c-0, Vernon's
6-24 Texas Civil Statutes)].
6-25 SECTION 11. Subsections (a) and (b), Section 2157.005,
6-26 Government Code, are amended to read as follows:
7-1 (a) The commission and the Department of Information
7-2 Resources, in consultation with other state agencies and after
7-3 public comment, shall develop a technology access clause to be
7-4 included in all contracts entered into by the state or state
7-5 agencies that involve the acquisition of an automated information
7-6 system.
7-7 (b) State [The clause shall clearly state, as a condition
7-8 for the expenditure of state] funds may not be expended in the
7-9 purchase of an automated information system unless the contract
7-10 contains the technology access clause. The clause must read as
7-11 follows[, that the technology]:
7-12 "The vendor expressly acknowledges that state funds may not
7-13 be expended in connection with the purchase of an automated
7-14 information system unless that system meets certain statutory
7-15 requirements relating to accessibility by persons with visual
7-16 impairments. Accordingly, the vendor represents and warrants to
7-17 (name of state agency) that the technology provided to (name of
7-18 state agency) for purchase is capable, either by virtue of features
7-19 included within the technology or because it is readily adaptable
7-20 by use with other technology, of:
7-21 (1) providing [will provide] equivalent access for
7-22 effective use by both visual and nonvisual means;
7-23 (2) presenting [will present] information, including
7-24 prompts used for interactive communications, in formats intended
7-25 for both visual and nonvisual use; and
7-26 (3) being [can be] integrated into networks for
8-1 obtaining, retrieving, and disseminating information used by
8-2 individuals who are not blind or visually impaired.
8-3 "For purposes of this clause, the phrase "equivalent access"
8-4 means a substantially similar ability to communicate with or make
8-5 use of the technology, either directly by features incorporated
8-6 within the technology or by other reasonable means such as
8-7 assistive devices or services that would constitute reasonable
8-8 accommodations under the federal Americans with Disabilities Act or
8-9 similar state or federal laws. Examples of methods by which
8-10 equivalent access may be provided include, but are not limited to,
8-11 keyboard alternatives to mouse commands and other means of
8-12 navigating graphical displays, and customizable display
8-13 appearance."
8-14 SECTION 12. Section 2157.0611, Government Code, is amended
8-15 to read as follows:
8-16 Sec. 2157.0611. REQUIREMENT TO EVALUATE THREE PROPOSALS WHEN
8-17 POSSIBLE. A catalogue purchase or lease that exceeds $2,000 or a
8-18 greater amount prescribed by commission rule shall, when possible,
8-19 be based on an evaluation of at least three catalogue proposals
8-20 made to the commission or other state agency by qualified
8-21 information systems vendors. If at least three catalogue proposals
8-22 are not evaluated by the commission or other state agency before a
8-23 [the] purchase or lease that exceeds the threshhold amount is made,
8-24 the commission or other agency shall document the reasons for that
8-25 fact before making the purchase or lease under Section 2157.063.
8-26 SECTION 13. Subsection (a), Section 2157.063, Government
9-1 Code, is amended to read as follows:
9-2 (a) If a purchase or lease is the best value available and
9-3 is in the state's best interest, a state agency may under this
9-4 subchapter purchase or lease an automated information system
9-5 directly from a qualified information systems vendor and may
9-6 negotiate price and additional terms and conditions to be included
9-7 in a contract relating to the purchase or lease.
9-8 SECTION 14. Section 2157.066, Government Code, is amended by
9-9 amending Subsections (b) and (c) and adding Subsection (f) to read
9-10 as follows:
9-11 (b) The vendor shall revise the catalogue as necessary [to
9-12 include price changes or the availability of goods or services and
9-13 shall make the revisions available] in the manner required by the
9-14 commission.
9-15 (c) The commission shall make the catalogue information
9-16 available on the world wide web, or on a suitable successor to the
9-17 world wide web if the technological developments involving the
9-18 Internet make it advisable to do so. The commission shall require
9-19 each qualified information systems vendor to maintain its approved
9-20 catalogue [a home page] on the web, or an analogous feature on a
9-21 suitable successor, through which the vendor makes the vendor's
9-22 current catalogue information publicly available. The commission
9-23 shall maintain the necessary databases and indexing functions
9-24 through which a state agency or the public may efficiently search
9-25 for and find each qualified information systems vendor's catalogue
9-26 information on the web or on a suitable successor.
10-1 (f) The commission may audit a qualified information systems
10-2 vendor's approved catalogue for compliance with Subsection (c).
10-3 SECTION 15. Section 2158.241, Government Code, is amended to
10-4 read as follows:
10-5 Sec. 2158.241. INTERSTATE COMPACTS AND COOPERATIVE
10-6 AGREEMENTS FOR PROCURING RECYCLED PRODUCTS. The commission may
10-7 [shall] enter into compacts and cooperative agreements with other
10-8 states and government entities for procuring products made of
10-9 recycled materials when the commission determines it is in the best
10-10 interest of the state.
10-11 SECTION 16. Subsection (a), Section 2254.040, Government
10-12 Code, is amended to read as follows:
10-13 (a) The General Services Commission may [shall], on request
10-14 of a state agency, procure for the agency consulting services that
10-15 are covered by this subchapter.
10-16 SECTION 17. Subsection (d), Section 2155.268, Government
10-17 Code, is repealed.
10-18 SECTION 18. The change in law made by this Act to Subsection
10-19 (b), Section 2157.005, Government Code, applies only to a contract
10-20 that is entered into or renewed on or after the effective date of
10-21 this Act. A contract entered into before that date is governed by
10-22 the law in effect at the time the contract was entered into, and
10-23 that law is continued in effect for that purpose.
10-24 SECTION 19. The importance of this legislation and the
10-25 crowded condition of the calendars in both houses create an
10-26 emergency and an imperative public necessity that the
11-1 constitutional rule requiring bills to be read on three several
11-2 days in each house be suspended, and this rule is hereby suspended,
11-3 and that this Act take effect and be in force from and after its
11-4 passage, and it is so enacted.
11-5 COMMITTEE AMENDMENT NO. 1
11-6 Amend S B. No. 1127 by adding an appropriately numbered
11-7 section to read as follows:
11-8 SECTION ____. (a) The state auditor shall contract with The
11-9 University of Texas System to conduct a review of the processes and
11-10 procedures of the General Services Commission for the purpose of
11-11 making recommendations to improve the efficiency and effectiveness
11-12 of the commission in carrying out its statutory duties and to
11-13 assist the commission in implementing those recommendations. The
11-14 auditor shall provide any necessary support and assistance to the
11-15 system in conducting the review and may contract with other
11-16 entities to assist in the review. The contract shall require the
11-17 system and any other contractor to present a report to the auditor
11-18 not later than December 1, 2000. The report may include
11-19 recommendations for legislation. The auditor shall transmit all of
11-20 the recommendations, together with any additional recommendations
11-21 of the auditor, to the General Services Commission and the
11-22 legislature.
11-23 (b) The General Services Commission shall cooperate with the
11-24 auditor, the system, and any other contractors in carrying out the
11-25 review.
11-26 (c) The lieutenant governor shall appoint two senators, and
12-1 the speaker of the house shall appoint two members of the house, to
12-2 an interim legislative oversight committee to oversee the review
12-3 conducted under this section and to advise the auditor and the
12-4 legislative audit committee in regard to the review. The chair of
12-5 the legislative audit committee shall designate one member of the
12-6 oversight committee to serve as chair of the oversight committee.
12-7 The committee shall evaluate the effectiveness of the review
12-8 conducted under this section and make recommendations to the
12-9 legislative audit committee concerning this review and the
12-10 possibility of future similar reviews. Those recommendations shall
12-11 be included in the auditor's report to the legislature under
12-12 Subsection (a).
12-13 76R12382 SRC-D Brimer