1-1 By: Armbrister S.B. No. 1127
1-2 (In the Senate - Filed March 10, 1999; March 11, 1999, read
1-3 first time and referred to Committee on State Affairs;
1-4 April 15, 1999, reported adversely, with favorable Committee
1-5 Substitute by the following vote: Yeas 5, Nays 0; April 15, 1999,
1-6 sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 1127 By: Shapleigh
A BILL TO BE ENTITLED
1-8 AN ACT
1-9 relating to the purchase of goods and services by the state.
1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11 SECTION 1. Section 2155.078, Government Code, is amended by
1-12 amending the section heading and Subsections (a) and (m) to read as
1-13 follows:
1-14 Sec. 2155.078. TRAINING AND CERTIFICATION OF STATE AGENCY
1-15 PURCHASING PERSONNEL AND VENDORS. (a) The commission shall
1-16 establish and administer a system of training, continuing
1-17 education, and certification for state agency purchasing personnel.
1-18 The commission may establish and offer appropriate training to
1-19 vendors on a cost recovery basis. The commission may adopt rules
1-20 to administer this section, including rules relating to monitoring
1-21 a certified purchaser's compliance with the continuing education
1-22 requirements of this section.
1-23 (m) The commission's prerequisites for receiving a
1-24 level-three purchaser certification must include completion of the
1-25 second training level, passage of a written [and an oral]
1-26 examination, and a minimum of three years of purchasing experience.
1-27 SECTION 2. Subsection (d), Section 2155.262, Government
1-28 Code, is amended to read as follows:
1-29 (d) A state agency shall submit to the commission each
1-30 uniform registration form that it receives. [The commission shall
1-31 send to the comptroller a copy of each uniform registration form.]
1-32 SECTION 3. Subsection (a), Section 2155.263, Government
1-33 Code, is amended to read as follows:
1-34 (a) The commission shall maintain a centralized master
1-35 bidders list and [annually] register on the list the name and
1-36 address of each vendor that applies for registration under rules
1-37 adopted under this subchapter. The commission may include other
1-38 relevant vendor information on the list.
1-39 SECTION 4. Subsection (a), Section 2155.266, Government
1-40 Code, is amended to read as follows:
1-41 (a) The commission may charge a person applying for
1-42 registration on the master bidders list a registration fee and may
1-43 charge a registrant a biennial [an annual] renewal fee in an amount
1-44 designed to recover the commission's costs in:
1-45 (1) making and maintaining the master bidders list;
1-46 and
1-47 (2) soliciting bids or proposals under this
1-48 subchapter.
1-49 SECTION 5. Section 2155.384, Government Code, is amended to
1-50 read as follows:
1-51 Sec. 2155.384. AUTHORITY TO PAY CHARGES. The commission,
1-52 [or] a state agency, or an entity authorized under Chapter 271,
1-53 Local Government Code, or Section 2155.202 to purchase from a
1-54 contract entered into under the authority of the commission may pay
1-55 a restocking charge, cancellation fee, or other similar charge if
1-56 the commission, state agency, or other entity determines that the
1-57 charge is justifiable.
1-58 SECTION 6. Section 2155.445, Government Code, is amended to
1-59 read as follows:
1-60 Sec. 2155.445. PREFERENCE FOR RECYCLED, REMANUFACTURED, OR
1-61 ENVIRONMENTALLY SENSITIVE PRODUCTS. (a) The commission and state
1-62 agencies shall give preference to [a product made of] recycled,
1-63 remanufactured, or environmentally sensitive products, as those
1-64 terms are defined by rule of the commission, [materials] in
2-1 purchases made under this subtitle if the product meets state
2-2 specifications regarding quantity and quality.
2-3 (b) The commission regularly shall review and revise its
2-4 procurement procedures and specifications for the purchase of goods
2-5 to:
2-6 (1) eliminate procedures and specifications that
2-7 explicitly discriminate against [products made of] recycled,
2-8 remanufactured, or environmentally sensitive products, as those
2-9 terms are defined by rule of the commission, [materials]; and
2-10 (2) encourage the use of [products made of] recycled,
2-11 remanufactured, or environmentally sensitive products [materials].
2-12 (c) In developing new procedures and specifications, the
2-13 commission shall encourage the use of recycled products and
2-14 products that may be recycled or reused or that are remanufactured
2-15 or environmentally sensitive.
2-16 SECTION 7. Section 2155.448, Government Code, is amended to
2-17 read as follows:
2-18 Sec. 2155.448. EXPENDITURES FOR RECYCLED, REMANUFACTURED, OR
2-19 ENVIRONMENTALLY SENSITIVE COMMODITIES OR SERVICES [MATERIALS].
2-20 (a) Each state fiscal year, the commission, in coordination with
2-21 the Recycling Market Development Board, by rule may identify
2-22 recycled, remanufactured, or environmentally sensitive commodities
2-23 or services, as those terms are defined by rule of the commission,
2-24 and designate purchasing goals for the procurement of those
2-25 commodities and services by state agencies for that fiscal year [A
2-26 state agency shall spend not less than eight percent of its
2-27 consumable procurement budget for each fiscal year for goods that
2-28 have recycled material content or that are remanufactured or
2-29 environmentally sensitive, as those terms are defined by the
2-30 commission].
2-31 (b) A state agency that intends to purchase a commodity or
2-32 service that accomplishes the same purpose as a commodity or
2-33 service identified under Subsection (a) that does not meet the
2-34 definition of a recycled product or that is not remanufactured or
2-35 environmentally sensitive, as those terms are defined by rule of
2-36 the commission, shall include with the procurement file a written
2-37 justification signed by the executive head of the agency stating
2-38 the reasons for the determination that the commodity or service
2-39 identified by the commission will not meet the requirements of the
2-40 agency [Not later than January 1 of each year, a state agency shall
2-41 deliver a report of the total expenditures in the areas subject to
2-42 Subsection (a) and the amount spent in each category for the
2-43 previous fiscal year to the Legislative Budget Board].
2-44 (c) A state agency shall report in its annual financial
2-45 report, and in an annual report to the commission at a date and in
2-46 a manner and form prescribed by the commission, the expenditures
2-47 made during the preceding state fiscal year for each of the
2-48 commodities or services identified under Subsection (a). The
2-49 report must at a minimum identify the total amount spent on those
2-50 commodities and services and the total amount spent for commodities
2-51 and services purchased that accomplish the same purpose.
2-52 Additionally, state agencies shall report the amount spent for all
2-53 other recycled, remanufactured, and environmentally sensitive
2-54 commodities and services by type of commodity and service as
2-55 prescribed by the commission.
2-56 SECTION 8. Section 2156.121, Government Code, is amended by
2-57 adding Subsection (c) to read as follows:
2-58 (c) The commission shall determine whether to delegate sole
2-59 oversight of the acquisition to a state agency or to retain
2-60 oversight of the procurement.
2-61 SECTION 9. Chapter 2156, Government Code, is amended by
2-62 adding Subchapter D to read as follows:
2-63 SUBCHAPTER D. INTERSTATE COMPACTS PROCEDURE
2-64 Sec. 2156.181. INTERSTATE COMPACTS AND COOPERATIVE
2-65 AGREEMENTS FOR PROCUREMENTS. (a) The commission may enter into
2-66 one or more compacts, interagency agreements, or cooperative
2-67 purchasing agreements with one or more state governments, agencies
2-68 of other states, or other governmental entities for the purchase of
2-69 goods or services if the commission determines that entering into
3-1 an agreement would be in the best interest of the state.
3-2 (b) The commission may adopt rules to implement this
3-3 section.
3-4 SECTION 10. Subdivision (1), Section 2157.001, Government
3-5 Code, is amended to read as follows:
3-6 (1) "Automated information system" includes:
3-7 (A) the computers and computer devices on which
3-8 an [the] information system is automated, including computers and
3-9 computer devices that the commission identifies in guidelines
3-10 developed by the commission in consultation with the Department of
3-11 Information Resources and in accordance with Chapter 2054 and rules
3-12 adopted under that chapter;
3-13 (B) a service related to the automation of an
3-14 information [the] system, including computer software[,] or [the]
3-15 computers;
3-16 (C) a telecommunications apparatus or device
3-17 that serves as a component of a voice, data, or video
3-18 communications network for transmitting, switching, routing,
3-19 multiplexing, modulating, amplifying, or receiving signals on the
3-20 network, and services related to telecommunications that are not
3-21 covered under Paragraph (D); and
3-22 (D) for the General Services Commission, as
3-23 telecommunications provider for the state [State], the term
3-24 includes any service provided by a telecommunications provider, as
3-25 that term is defined by Section 51.002, Utilities Code [in the
3-26 Public Utility Regulatory Act of 1995 (Article 1446c-0, Vernon's
3-27 Texas Civil Statutes)].
3-28 SECTION 11. Subsections (a) and (b), Section 2157.005,
3-29 Government Code, are amended to read as follows:
3-30 (a) The commission and the Department of Information
3-31 Resources, in consultation with other state agencies and after
3-32 public comment, shall develop a technology access clause to be
3-33 included in all contracts entered into by the state or state
3-34 agencies that involve the acquisition of an automated information
3-35 system.
3-36 (b) State [The clause shall clearly state, as a condition
3-37 for the expenditure of state] funds may not be expended in the
3-38 purchase of an automated information system unless the contract
3-39 contains the technology access clause. The clause must read as
3-40 follows [, that the technology]:
3-41 "The vendor expressly acknowledges that state funds may not
3-42 be expended in connection with the purchase of an automated
3-43 information system unless that system meets certain statutory
3-44 requirements relating to accessibility by persons with visual
3-45 impairments. Accordingly, the vendor represents and warrants to
3-46 (name of state agency) that the technology provided to (name of
3-47 state agency) for purchase is capable, either by virtue of features
3-48 included within the technology or because it is readily adaptable
3-49 by use with other technology, of:
3-50 (1) providing [will provide] equivalent access for
3-51 effective use by both visual and nonvisual means;
3-52 (2) presenting [will present] information, including
3-53 prompts used for interactive communications, in formats intended
3-54 for both visual and nonvisual use; and
3-55 (3) being [can be] integrated into networks for
3-56 obtaining, retrieving, and disseminating information used by
3-57 individuals who are not blind or visually impaired.
3-58 "For purposes of this clause, the phrase "equivalent access"
3-59 means a substantially similar ability to communicate with or make
3-60 use of the technology, either directly by features incorporated
3-61 within the technology or by other reasonable means such as
3-62 assistive devices or services that would constitute reasonable
3-63 accommodations under the federal Americans with Disabilities Act or
3-64 similar state or federal laws. Examples of methods by which
3-65 equivalent access may be provided include, but are not limited to,
3-66 keyboard alternatives to mouse commands and other means of
3-67 navigating graphical displays, and customizable display
3-68 appearance."
3-69 SECTION 12. Section 2157.0611, Government Code, is amended
4-1 to read as follows:
4-2 Sec. 2157.0611. REQUIREMENT TO EVALUATE THREE PROPOSALS WHEN
4-3 POSSIBLE. A catalogue purchase or lease that exceeds $2,000 or a
4-4 greater amount prescribed by commission rule shall, when possible,
4-5 be based on an evaluation of at least three catalogue proposals
4-6 made to the commission or other state agency by qualified
4-7 information systems vendors. If at least three catalogue proposals
4-8 are not evaluated by the commission or other state agency before a
4-9 [the] purchase or lease that exceeds the threshhold amount is made,
4-10 the commission or other agency shall document the reasons for that
4-11 fact before making the purchase or lease under Section 2157.063.
4-12 SECTION 13. Subsection (a), Section 2157.063, Government
4-13 Code, is amended to read as follows:
4-14 (a) If a purchase or lease is the best value available and
4-15 is in the state's best interest, a state agency may under this
4-16 subchapter purchase or lease an automated information system
4-17 directly from a qualified information systems vendor and may
4-18 negotiate price and additional terms and conditions to be included
4-19 in a contract relating to the purchase or lease.
4-20 SECTION 14. Section 2157.066, Government Code, is amended by
4-21 amending Subsections (b) and (c) and adding Subsection (f) to read
4-22 as follows:
4-23 (b) The vendor shall revise the catalogue as necessary [to
4-24 include price changes or the availability of goods or services and
4-25 shall make the revisions available] in the manner required by the
4-26 commission.
4-27 (c) The commission shall make the catalogue information
4-28 available on the world wide web, or on a suitable successor to the
4-29 world wide web if the technological developments involving the
4-30 Internet make it advisable to do so. The commission shall require
4-31 each qualified information systems vendor to maintain its approved
4-32 catalogue [a home page] on the web, or an analogous feature on a
4-33 suitable successor, through which the vendor makes the vendor's
4-34 current catalogue information publicly available. The commission
4-35 shall maintain the necessary databases and indexing functions
4-36 through which a state agency or the public may efficiently search
4-37 for and find each qualified information systems vendor's catalogue
4-38 information on the web or on a suitable successor.
4-39 (f) The commission may audit a qualified information systems
4-40 vendor's approved catalogue for compliance with Subsection (c).
4-41 SECTION 15. Section 2158.241, Government Code, is amended to
4-42 read as follows:
4-43 Sec. 2158.241. INTERSTATE COMPACTS AND COOPERATIVE
4-44 AGREEMENTS FOR PROCURING RECYCLED PRODUCTS. The commission may
4-45 [shall] enter into compacts and cooperative agreements with other
4-46 states and government entities for procuring products made of
4-47 recycled materials when the commission determines it is in the best
4-48 interest of the state.
4-49 SECTION 16. Subsection (a), Section 2254.040, Government
4-50 Code, is amended to read as follows:
4-51 (a) The General Services Commission may [shall], on request
4-52 of a state agency, procure for the agency consulting services that
4-53 are covered by this subchapter.
4-54 SECTION 17. Subsection (d), Section 2155.268, Government
4-55 Code, is repealed.
4-56 SECTION 18. The change in law made by this Act to Subsection
4-57 (b), Section 2157.005, Government Code, applies only to a contract
4-58 that is entered into or renewed on or after the effective date of
4-59 this Act. A contract entered into before that date is governed by
4-60 the law in effect at the time the contract was entered into, and
4-61 that law is continued in effect for that purpose.
4-62 SECTION 19. The importance of this legislation and the
4-63 crowded condition of the calendars in both houses create an
4-64 emergency and an imperative public necessity that the
4-65 constitutional rule requiring bills to be read on three several
4-66 days in each house be suspended, and this rule is hereby suspended,
4-67 and that this Act take effect and be in force from and after its
4-68 passage, and it is so enacted.
4-69 * * * * *