By:  Ellis                                            S.B. No. 1721
                                A BILL TO BE ENTITLED
                                       AN ACT
 1-1     relating to the posting of state procurement information on the
 1-2     electronic state business daily.
 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 Subsections (b), (c), (h), and (n) and
 1-7     adding Subsections (o) and (p) to read as follows:
 1-8           (b)  In this section, "department" means the Texas Department
 1-9     of Economic Development [Commerce].
1-10           (c)  The department each business day shall produce and post
1-11     a business daily in an electronic format.  The department shall
1-12     post in the business daily information as prescribed by this
1-13     section about each state agency procurement opportunity that will
1-14     exceed $25,000 in value.  The department shall also post in the
1-15     business daily other information relating to the business activity
1-16     of the state that the department considers to be of interest to the
1-17     public.
1-18           (h)  The state agency shall [continue to either]:
1-19                 (1)  post notice of the procurement opportunity in
1-20     accordance with Subsection (g) until:
1-21                       (A)  the later [latest] of:
1-22                             (i)  21 calendar days after the date the
1-23     notice is first posted; or
1-24                             (ii)  the date the state agency will no
 2-1     longer accept bids, proposals, or other applicable expressions of
 2-2     interest for the procurement; or
 2-3                       (B)  the date the state agency decides not to
 2-4     make the procurement; or
 2-5                 (2)  post the entire bid or proposal solicitation
 2-6     package in accordance with Subsection (g) until:
 2-7                       (A)  the later [latest] of:
 2-8                             (i)  14 calendar days after the date the
 2-9     bid or proposal solicitation package is first posted; or
2-10                             (ii)  the date the state agency will no
2-11     longer accept bids, proposals, or other applicable expressions of
2-12     interest for the procurement; or
2-13                       (B)  the date the state agency decides not to
2-14     make the procurement.
2-15           (n)  This section does not apply to:
2-16                 (1)  a state agency to which Section 51.9335 or 73.115,
2-17     Education Code, applies;
2-18                 (2)  a state agency purchase under Chapter 771 or 791;
2-19                 (3)  a proprietary purchase under Section 2155.067;
2-20                 (4)  the exercise of a contract renewal option, if the
2-21     original contract contained the option;
2-22                 (5)  a purchase from a preferred supplier, if
2-23     purchasing from the preferred supplier is authorized or required by
2-24     state or federal law;
2-25                 (6)  a one-time contract extension of 31 days or less;
2-26                 (7)  a contract of employment with an independent
 3-1     contractor who is an individual, if the contract is not for
 3-2     professional or consulting services;
 3-3                 (8)  a purchase of equipment for covert operations
 3-4     relating to security by a state agency performing law enforcement
 3-5     functions;
 3-6                 (9)  a contract for leased space, if the space is not
 3-7     leased under Section 2167.053 or 2167.054;
 3-8                 (10)  a contract for the award of a grant under a
 3-9     public grant program;
3-10                 (11)  a noncompetitive purchase of goods or services
3-11     for a client of a health or human services agency; or
3-12                 (12)  a noncompetitive purchase of goods or services
3-13     for libraries operated as a part of a university system or
3-14     institution of higher education under Section 2155.139.
3-15           (o)  A bidder or offeror is not required to submit a request
3-16     for information under the public information law, Chapter 552,
3-17     before submitting a bid, proposal, or other expression of interest
3-18     for a procurement for which notice is posted under this section.
3-19           (p)  This section does not apply to a purchase of goods or
3-20     services related to the Year 2000 computer and embedded system
3-21     problem if the state agency must make the procurement to prevent a
3-22     hazard to life, health, safety, the public welfare, or property or
3-23     to avoid undue additional costs to the state.  This subsection
3-24     expires January 1, 2001.
3-25           SECTION 2.  This Act takes effect September 1, 1999.
3-26           SECTION 3.  The importance of this legislation and the
 4-1     crowded condition of the calendars in both houses create an
 4-2     emergency and an imperative public necessity that the
 4-3     constitutional rule requiring bills to be read on three several
 4-4     days in each house be suspended, and this rule is hereby suspended.