1-1     By:  Ellis                                            S.B. No. 1721
 1-2           (In the Senate - Filed March 12, 1999; March 15, 1999, read
 1-3     first time and referred to Committee on State Affairs;
 1-4     April 26, 1999, reported favorably, as amended, by the following
 1-5     vote:  Yeas 9, Nays 0; April 26, 1999, sent to printer.)
 1-6     COMMITTEE AMENDMENT NO. 1                                By:  Lucio
 1-7           Amend S.B. No. 1721 by adding the following Subsection (n)
 1-8     (13), Section 2155.074, Government Code, in SECTION 1 of the bill:
 1-9                 (13)  a noncompetitive purchase of goods or services
1-10     for libraries operated as a part of a university system or
1-11     institution of higher education under Section 2155.139.
1-12     COMMITTEE AMENDMENT NO. 2                                By:  Lucio
1-13           Amend S.B. No. 1721, Section 2155.074, Government Code, as
1-14     follows:
1-15           (1)  Strike lines 8 through 10, page 2; and
1-16           (2)  In lines 15 and 16, page 2, strike "or other matters
1-17     related" and insert "relating" between "covert operations" and "to
1-18     security"
1-19                            A BILL TO BE ENTITLED
1-20                                   AN ACT
1-21     relating to the posting of state procurement information on the
1-22     electronic state business daily.
1-23           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-24           SECTION 1.  Section 2155.074, Government Code, as added by
1-25     Chapter 508, Acts of the 75th Legislature, Regular Session, 1997,
1-26     is amended by amending Subsections (b), (c), (h), and (n) and
1-27     adding Subsections (o) and (p) to read as follows:
1-28           (b)  In this section, "department" means the Texas Department
1-29     of Economic Development [Commerce].
1-30           (c)  The department each business day shall produce and post
1-31     a business daily in an electronic format.  The department shall
1-32     post in the business daily information as prescribed by this
1-33     section about each state agency procurement opportunity that will
1-34     exceed $25,000 in value.  The department shall also post in the
1-35     business daily other information relating to the business activity
1-36     of the state that the department considers to be of interest to the
1-37     public.
1-38           (h)  The state agency shall [continue to either]:
1-39                 (1)  post notice of the procurement opportunity in
1-40     accordance with Subsection (g) until:
1-41                       (A)  the later [latest] of:
1-42                             (i)  21 calendar days after the date the
1-43     notice is first posted; or
1-44                             (ii)  the date the state agency will no
1-45     longer accept bids, proposals, or other applicable expressions of
1-46     interest for the procurement; or
1-47                       (B)  the date the state agency decides not to
1-48     make the procurement; or
1-49                 (2)  post the entire bid or proposal solicitation
1-50     package in accordance with Subsection (g) until:
1-51                       (A)  the later [latest] of:
1-52                             (i)  14 calendar days after the date the
1-53     bid or proposal solicitation package is first posted; or
1-54                             (ii)  the date the state agency will no
1-55     longer accept bids, proposals, or other applicable expressions of
1-56     interest for the procurement; or
1-57                       (B)  the date the state agency decides not to
1-58     make the procurement.
1-59           (n)  This section does not apply to:
1-60                 (1)  a state agency to which Section 51.9335 or 73.115,
1-61     Education Code, applies;
 2-1                 (2)  a state agency purchase under Chapter 771 or 791;
 2-2                 (3)  a proprietary purchase under Section 2155.067;
 2-3                 (4)  the exercise of a contract renewal option, if the
 2-4     original contract contained the option;
 2-5                 (5)  a purchase from a preferred supplier, if
 2-6     purchasing from the preferred supplier is authorized or required by
 2-7     state or federal law;
 2-8                 (6)  a purchase or lease of an automated information
 2-9     system through the catalogue procedure under Subchapter B, Chapter
2-10     2157;
2-11                 (7)  a one-time contract extension of 31 days or less;
2-12                 (8)  a contract of employment with an independent
2-13     contractor who is an individual, if the contract is not for
2-14     professional or consulting services;
2-15                 (9)  a purchase of equipment for covert operations or
2-16     other matters related to security by a state agency performing law
2-17     enforcement functions;
2-18                 (10)  a contract for leased space, if the space is not
2-19     leased under Section 2167.053 or 2167.054;
2-20                 (11)  a contract for the award of a grant under a
2-21     public grant program; or
2-22                 (12)  a noncompetitive purchase of goods or services
2-23     for a client of a health or human services agency.
2-24           (o)  A bidder or offeror is not required to submit a request
2-25     for information under the public information law, Chapter 552,
2-26     before submitting a bid, proposal, or other expression of interest
2-27     for a procurement for which notice is posted under this section.
2-28           (p)  This section does not apply to a purchase of goods or
2-29     services related to the Year 2000 computer and embedded system
2-30     problem if the state agency must make the procurement to prevent a
2-31     hazard to life, health, safety, the public welfare, or property or
2-32     to avoid undue additional costs to the state.  This subsection
2-33     expires January 1, 2001.
2-34           SECTION 2.  This Act takes effect September 1, 1999.
2-35           SECTION 3.  The importance of this legislation and the
2-36     crowded condition of the calendars in both houses create an
2-37     emergency and an imperative public necessity that the
2-38     constitutional rule requiring bills to be read on three several
2-39     days in each house be suspended, and this rule is hereby suspended.
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