By Armbrister                                         S.B. No. 1127
         76R5598 JRD-F                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the purchase of goods and services by the state.
 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-4           SECTION 1.  Section 2155.078, Government Code, is amended by
 1-5     amending the section heading and Subsections (a) and (m) to read as
 1-6     follows:
 1-7           Sec. 2155.078.  TRAINING AND CERTIFICATION OF STATE AGENCY
 1-8     PURCHASING PERSONNEL AND VENDORS.  (a)  The commission shall
 1-9     establish and administer a system of training, continuing
1-10     education, and certification for state agency purchasing personnel.
1-11     The commission may establish and offer appropriate training to
1-12     vendors on a cost recovery basis.  The commission may adopt rules
1-13     to administer this section, including rules relating to monitoring
1-14     a certified purchaser's compliance with the continuing education
1-15     requirements of this section.
1-16           (m)  The commission's prerequisites for receiving a
1-17     level-three purchaser certification must include completion of the
1-18     second training level, passage of a written [and an oral]
1-19     examination, and a minimum of three years of purchasing experience.
1-20           SECTION 2.  Section 2155.262(d), Government Code, is amended
1-21     to read as follows:
1-22           (d)  A state agency shall submit to the commission each
1-23     uniform registration form that it receives.  [The commission shall
1-24     send to the comptroller a copy of each uniform registration form.]
 2-1           SECTION 3.  Section 2155.263(a), Government Code, is amended
 2-2     to read as follows:
 2-3           (a)  The commission shall maintain a centralized master
 2-4     bidders list and [annually] register on the list the name and
 2-5     address of each vendor that applies for registration under rules
 2-6     adopted under this subchapter.  The commission may include other
 2-7     relevant vendor information on the list.
 2-8           SECTION 4.  Section 2155.266(a), Government Code, is amended
 2-9     to read as follows:
2-10           (a)  The commission may charge a person applying for
2-11     registration on the master bidders list a registration fee and may
2-12     charge a registrant a biennial [an annual] renewal fee in an amount
2-13     designed to recover the commission's costs in:
2-14                 (1)  making and maintaining the master bidders list;
2-15     and
2-16                 (2)  soliciting bids or proposals under this
2-17     subchapter.
2-18           SECTION 5.  Section 2155.384, Government Code, is amended to
2-19     read as follows:
2-20           Sec. 2155.384.  AUTHORITY TO PAY CHARGES.  The commission,
2-21     [or] a state agency, or an entity authorized under Chapter 271,
2-22     Local Government Code, or Section 2155.202 to purchase from a
2-23     contract entered into under the authority of the commission may pay
2-24     a restocking charge, cancellation fee, or other similar charge if
2-25     the commission, state agency, or other entity determines that the
2-26     charge is justifiable.
2-27           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].  (a)
3-26     Each state fiscal year, the commission, in coordination with the
3-27     Recycling Market Development Board, by rule may identify recycled,
 4-1     remanufactured, or environmentally sensitive commodities or
 4-2     services, as those terms are defined by rule of the commission, and
 4-3     designate purchasing goals for the procurement of those commodities
 4-4     and services by state agencies for that fiscal year [A state agency
 4-5     shall spend not less than eight percent of its consumable
 4-6     procurement budget for each fiscal year for goods that have
 4-7     recycled material content or that are remanufactured or
 4-8     environmentally sensitive, as those terms are defined by the
 4-9     commission].
4-10           (b)  A state agency that intends to purchase a commodity or
4-11     service that accomplishes the same purpose as a commodity or
4-12     service identified under Subsection (a) that does not meet the
4-13     definition of a recycled product or that is not remanufactured or
4-14     environmentally sensitive, as those terms are defined by rule of
4-15     the commission, shall include with the procurement file a written
4-16     justification signed by the executive head of the agency stating
4-17     the reasons for the determination that the commodity or service
4-18     identified by the commission will not meet the requirements of the
4-19     agency [Not later than January 1 of each year, a state agency shall
4-20     deliver a report of the total expenditures in the areas subject to
4-21     Subsection (a) and the amount spent in each category for the
4-22     previous fiscal year to the Legislative Budget Board].
4-23           (c)  A state agency shall report in its annual financial
4-24     report, and in an annual report to the commission at a date and in
4-25     a manner and form prescribed by the commission, the expenditures
4-26     made during the preceding state fiscal year for each of the
4-27     commodities or services identified under Subsection (a).  The
 5-1     report must at a minimum identify the total amount spent on those
 5-2     commodities and services and the total amount spent for commodities
 5-3     and services purchased that accomplish the same purpose.
 5-4     Additionally, state agencies shall report the amount spent for all
 5-5     other recycled, remanufactured, and environmentally sensitive
 5-6     commodities and services by type of commodity and service as
 5-7     prescribed by the commission.
 5-8           SECTION 8.  Section 2156.121, Government Code, is amended by
 5-9     adding Subsection (c) to read as follows:
5-10           (c)  The commission shall determine whether to delegate sole
5-11     oversight of the aquisition to a state agency or to retain
5-12     oversight of the procurement.
5-13           SECTION 9.  Chapter 2156, Government Code, is amended by
5-14     adding Subchapter D to read as follows:
5-15                   SUBCHAPTER D.  INTERSTATE COMPACTS PROCEDURE
5-16           Sec. 2156.181.  INTERSTATE COMPACTS AND COOPERATIVE
5-17     AGREEMENTS FOR PROCUREMENTS.  (a)  The commission may enter into
5-18     one or more compacts, interagency agreements, or cooperative
5-19     purchasing agreements with one or more state governments, agencies
5-20     of other states, or other governmental entities for the purchase of
5-21     goods or services if the commission determines that entering into
5-22     an agreement would be in the best interest of the state.
5-23           (b)  The commission may adopt rules to implement this
5-24     section.
5-25           SECTION 10.  Section 2157.001(1), Government Code, is amended
5-26     to read as follows:
5-27                 (1)  "Automated information system" includes:
 6-1                       (A)  the computers and computer devices on which
 6-2     an [the] information system is automated, including computers and
 6-3     computer devices that the commission identifies in guidelines
 6-4     developed by the commission in consultation with the Department of
 6-5     Information Resources and in accordance with Chapter 2054 and rules
 6-6     adopted under that chapter;
 6-7                       (B)  a service related to the automation of an
 6-8     information [the] system, including computer software[,] or [the]
 6-9     computers;
6-10                       (C)  a telecommunications apparatus or device
6-11     that serves as a component of a voice, data, or video
6-12     communications network for transmitting, switching, routing,
6-13     multiplexing, modulating, amplifying, or receiving signals on the
6-14     network, and services related to telecommunications that are not
6-15     covered under Paragraph (D); and
6-16                       (D)  for the General Services Commission, as
6-17     telecommunications provider for the state [State], the term
6-18     includes any service provided by a telecommunications provider, as
6-19     that term is defined by Section 51.002, Utilities Code [in the
6-20     Public Utility Regulatory Act of 1995 (Article 1446c-0, Vernon's
6-21     Texas Civil Statutes)].
6-22           SECTION 11.  Section 2157.005(a), Government Code, is amended
6-23     to read as follows:
6-24           (a)  The commission and the Department of Information
6-25     Resources, in consultation with other state agencies and after
6-26     public comment, shall develop a technology access clause to be
6-27     included in all contracts entered into by the state or state
 7-1     agencies that involve the acquisition of an automated information
 7-2     system.
 7-3           SECTION 12.  Section 2157.0611, Government Code, is amended
 7-4     to read as follows:
 7-5           Sec. 2157.0611.  REQUIREMENT TO EVALUATE THREE PROPOSALS WHEN
 7-6     POSSIBLE.  A catalogue purchase or lease that exceeds $2,000 or a
 7-7     greater amount prescribed by commission rule shall, when possible,
 7-8     be based on an evaluation of at least three catalogue proposals
 7-9     made to the commission or other state agency by qualified
7-10     information systems vendors.  If at least three catalogue proposals
7-11     are not evaluated by the commission or other state agency before a
7-12     [the] purchase or lease that exceeds the threshhold amount is made,
7-13     the commission or other agency shall document the reasons for that
7-14     fact before making the purchase or lease under Section 2157.063.
7-15           SECTION 13.  Section 2157.063(a), Government Code, is amended
7-16     to read as follows:
7-17           (a)  If a purchase or lease is the best value available and
7-18     is in the state's best interest, a state agency may under this
7-19     subchapter purchase or lease an automated information system
7-20     directly from a qualified information systems vendor and may
7-21     negotiate price and additional terms and conditions to be included
7-22     in a contract relating to the purchase or lease.
7-23           SECTION 14.  Section 2157.066, Government Code, is amended by
7-24     amending Subsections (b) and (c) and adding Subsection (f) to read
7-25     as follows:
7-26           (b)  The vendor shall revise the catalogue as necessary [to
7-27     include price changes or the availability of goods or services and
 8-1     shall make the revisions available] in the manner required by the
 8-2     commission.
 8-3           (c)  The commission shall make the catalogue information
 8-4     available on the world wide web, or on a suitable successor to the
 8-5     world wide web if the technological developments involving the
 8-6     Internet make it advisable to do so.  The commission shall require
 8-7     each qualified information systems vendor to maintain its approved
 8-8     catalogue [a home page] on the web, or an analogous feature on a
 8-9     suitable successor, through which the vendor makes the vendor's
8-10     current catalogue information publicly available.  The commission
8-11     shall maintain the necessary databases and indexing functions
8-12     through which a state agency or the public may efficiently search
8-13     for and find each qualified information systems vendor's catalogue
8-14     information on the web or on a suitable successor.
8-15           (f)  The commission may audit a qualified information systems
8-16     vendor's approved catalogues for compliance with Subsection (c).
8-17           SECTION 15.  Section 2158.241, Government Code, is amended to
8-18     read as follows:
8-19           Sec. 2158.241.  INTERSTATE COMPACTS AND COOPERATIVE
8-20     AGREEMENTS FOR PROCURING RECYCLED PRODUCTS.  The commission may
8-21     [shall] enter into compacts and cooperative agreements with other
8-22     states and government entities for procuring products made of
8-23     recycled materials when the commission determines it is in the best
8-24     interest of the state.
8-25           SECTION 16.  Section 2254.040(a), Government Code, is amended
8-26     to read as follows:
8-27           (a)  The General Services Commission may [shall], on request
 9-1     of a state agency, procure for the agency consulting services that
 9-2     are covered by this subchapter.
 9-3           SECTION 17.  Section 2155.268(d), Government Code, is
 9-4     repealed.
 9-5           SECTION 18.  The importance of this legislation and the
 9-6     crowded condition of the calendars in both houses create an
 9-7     emergency and an imperative public necessity that the
 9-8     constitutional rule requiring bills to be read on three several
 9-9     days in each house be suspended, and this rule is hereby suspended,
9-10     and that this Act take effect and be in force from and after its
9-11     passage, and it is so enacted.