By Ellis S.B. No. 1721
76R7147 JRD-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the posting of state procurement information on the
1-3 electronic state business daily.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 2155.074, Government Code, as added by
1-6 Chapter 508, Acts of the 75th Legislature, Regular Session, 1997,
1-7 is amended by amending Subsections (b), (c), (h), and (n) and
1-8 adding Subsections (o) and (p) to read as follows:
1-9 (b) In this section, "department" means the Texas Department
1-10 of Economic Development [Commerce].
1-11 (c) The department each business day shall produce and post
1-12 a business daily in an electronic format. The department shall
1-13 post in the business daily information as prescribed by this
1-14 section about each state agency procurement opportunity that will
1-15 exceed $25,000 in value. The department shall also post in the
1-16 business daily other information relating to the business activity
1-17 of the state that the department considers to be of interest to the
1-18 public.
1-19 (h) The state agency shall [continue to either]:
1-20 (1) post notice of the procurement opportunity in
1-21 accordance with Subsection (g) until:
1-22 (A) the later [latest] of:
1-23 (i) 21 calendar days after the date the
1-24 notice is first posted; or
2-1 (ii) the date the state agency will no
2-2 longer accept bids, proposals, or other applicable expressions of
2-3 interest for the procurement; or
2-4 (B) the date the state agency decides not to
2-5 make the procurement; or
2-6 (2) post the entire bid or proposal solicitation
2-7 package in accordance with Subsection (g) until:
2-8 (A) the later [latest] of:
2-9 (i) 14 calendar days after the date the
2-10 bid or proposal solicitation package is first posted; or
2-11 (ii) the date the state agency will no
2-12 longer accept bids, proposals, or other applicable expressions of
2-13 interest for the procurement; or
2-14 (B) the date the state agency decides not to
2-15 make the procurement.
2-16 (n) This section does not apply to:
2-17 (1) a state agency to which Section 51.9335 or 73.115,
2-18 Education Code, applies;
2-19 (2) a state agency purchase under Chapter 771 or 791;
2-20 (3) a proprietary purchase under Section 2155.067;
2-21 (4) the exercise of a contract renewal option, if the
2-22 original contract contained the option;
2-23 (5) a purchase from a preferred supplier, if
2-24 purchasing from the preferred supplier is authorized or required by
2-25 state or federal law;
2-26 (6) a purchase or lease of an automated information
2-27 system through the catalogue procedure under Subchapter B, Chapter
3-1 2157;
3-2 (7) a one-time contract extension of 31 days or less;
3-3 (8) a contract of employment with an independent
3-4 contractor who is an individual, if the contract is not for
3-5 professional or consulting services;
3-6 (9) a purchase of equipment for covert operations or
3-7 other matters related to security by a state agency performing law
3-8 enforcement functions;
3-9 (10) a contract for leased space, if the space is not
3-10 leased under Section 2167.053 or 2167.054;
3-11 (11) a contract for the award of a grant under a
3-12 public grant program; or
3-13 (12) a noncompetitive purchase of goods or services
3-14 for a client of a health or human services agency.
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
3-27 crowded condition of the calendars in both houses create an
4-1 emergency and an imperative public necessity that the
4-2 constitutional rule requiring bills to be read on three several
4-3 days in each house be suspended, and this rule is hereby suspended.