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.
2-40 * * * * *