SRC-JBJ S.B. 311 77(R) BILL ANALYSIS Senate Research Center S.B. 311 By: Zaffirini State Affairs 6/18/2001 Enrolled DIGEST AND PURPOSE The primary function of the General Services Commission (GSC) has been to provide central services for state agencies and, in some cases, local governments. GSC's activities can be organized into three major categories: procuring goods and services for customers; providing facilities management and construction services for state agencies; and providing administrative support to agency staff. GSC is subject to the Texas Sunset Act and will be abolished on September 1, 2001, unless continued in existence by the legislature. S.B. 311 abolishes GSC and provides for the transfer of its functions to other agencies, including the newly created Texas Building and Procurement Commission. RULEMAKING AUTHORITY Rulemaking authority is expressly granted to the Texas Building and Procurement Commission in SECTIONS 2.01, 7.06, 9.02, 10.01, 11.02, 11.03, and 12.01 (Sections 2155.501, 2177.051, 2177.102, 2166.2525, 2167.0021, 2175.065, 2175.129, 2175.186, and 2175.902, Government Code) of this bill. Rulemaking authority is expressly granted to the Texas Department of Information Resources in SECTIONS 2.01 and 7.06 (Sections 2155.501, 2177.102 Government Code) of this bill. Rulemaking authority previously granted to the General Services Commission is transferred to the Texas Building and Procurement Commission and modified in SECTION 2.02 (Section 2155.079, Government Code) of this bill. Rulemaking authority previously granted to the General Services Commission is expressly granted to the Texas Building and Procurement Commission in SECTION 4.27 (Section 2170.058, Government Code) of this bill. Rulemaking authority is expressly granted to the attorney general in SECTION 5.01 (Sections 2262.051 and 2262.054, Government Code) of this bill. Rulemaking authority previously granted to the Texas Department of Commerce is expressly granted to the Texas Building and Procurement Commission in SECTION 7.02 (Section 215.083, Government Code) of this bill. Rulemaking authority previously granted to the General Services Commission are expressly granted to the Department of Information Resources in SECTION 7.06 (Section 2177.051, Government Code) of this bill. SECTION BY SECTION ANALYSIS ARTICLE 1. ABOLITION OF GENERAL SERVICES COMMISSION; TRANSFER OF POWERS AND DUTIES Sets forth new provisions and amendments to existing provisions for the abolition of the General Services Commission (GSC) and for the transference of the powers and duties of GSC to other state entities. ARTICLE 2. MULTIPLE AWARD CONTRACTS FOR STATE AND LOCAL GOVERNMENT PURCHASES Sets forth new provisions and amendments to existing provisions relating to the procedures for the bidding and award of contracts for various state and local government transactions. ARTICLE 3. OVERSIGHT OF MAJOR INFORMATION RESOURCES PROJECTS Sets forth new provisions and amendments to existing provisions relating to the administrative and regulatory oversight of major information resources projects. ARTICLE 4. TELECOMMUNICATIONS Sets forth new provisions and amendments to existing provisions relating to the administrative and regulatory oversight and structure of the management of state telecommunications issues. ARTICLE 5. STATEWIDE CONTRACT MANAGEMENT Sets forth new provisions and amendments to existing provisions relating to the development, negotiation, selection, and administration of state contracts. ARTICLE 6. COMMERCIALLY AVAILABLE ACTIVITIES Sets forth provisions relating to the review and assessment of the state's commercially available services and activities. ARTICLE 7. ELECTRONIC COMMERCE; TRAVEL Sets forth new provisions and amendments to existing provisions relating to the administration and use of an electronic commerce network by the state. ARTICLE 8. STATE CEMETERY Sets forth new provisions and amendments to existing provisions relating to the operation and administration of the State Cemetery. ARTICLE 9. CONTRACTING METHODS FOR CONSTRUCTION OF STATE FACILITIES Sets forth new provisions and amendments to existing provisions relating to the procedures and methods for obtaining and executing contracts for the construction of state facilities. ARTICLE 10. LEASING OF STATE OFFICE SPACE Sets forth new provisions and amendments to existing provisions relating to the lease of property for use as state office space. ARTICLE 11. SURPLUS PROPERTY Sets forth new provisions and amendments to existing provisions relating to the sale, transfer, purchase, and the procedures for management of surplus property. ARTICLE 12. PAPER RECYCLING PROGRAM Sets forth amendments to provisions relating to the administration of a mandatory paper recycling program. ARTICLE 13. HISTORICALLY UNDERUTILIZED BUSINESSES Sets forth amendments to provisions relating to the utilization of historically underutilized businesses. ARTICLE 14. MISCELLANEOUS PROVISIONS Sets forth new provisions and amendments to existing provisions relating to conflicts of interest; accessibility of certain information; economically depressed or blighted areas; wage rates; legislative permission to sue; construction contracts; and other issues. ARTICLE 15. EFFECTIVE DATE Effective date: September 1, 2001, except as otherwise provided by this Act.