SRC-MWN S.B. 641 77(R)   BILL ANALYSIS


Senate Research Center   S.B. 641
77R5562 JSA-DBy: Duncan
Education
4/3/2001
As Filed


DIGEST AND PURPOSE 

Currently, institutions of higher education, with the exception of medical
and dental units, are required to follow General Services Commission (GSC)
rules  when purchasing goods and services. This adds more time to the
procurement process. As proposed, S.B. 641 exempts institutions of higher
education from GSC rules and gives them the same authority as medical and
dental units to purchase goods and services using the best value method. 

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a
state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Sections 51.9335(a)-(e), Education Code, to authorize an
institution of higher education, rather than a medical and dental unit, to
acquire goods or services by the method that provides the best value to the
institution, rather than unit. Provides that to the extent of any conflict,
this section prevails over any other law, including Chapter 2155
(Purchasing: General Rules and Procedures), Chapter 2156 (Purchasing
Methods), Chapter 2157 (Purchasing: Purchase of Automated Information
Systems), Chapter 2158 (Purchasing: Miscellaneous Provisions for Purchase
of Certain Goods and Services), and  Chapter 2170 (Telecommunications
Services), Government Code, except a law or rule relating to contracting
with historically underutilized businesses. Provides that institution of
higher education is authorized to, but is not required to, acquire goods or
services as provided by Chapters 2155-2158 and 2170, Government Code. Makes
conforming changes. 

SECTION 2. Amends Chapter 497B, Government Code, by adding Section
497.0211, as follows: 

Sec. 497.0211. Provides that this subchapter does not apply to an
institution of higher education, as defined by Section 61.003, Education
Code. 

SECTION 3. Amends Section 2155.067(b), Government Code, by deleting text
regarding an institution's purchasing officer signing the written
justification. 

SECTION 4. Amends Section 2155.268(a), Government Code, by deleting text
regarding a master bidders list. 

SECTION 5. Repealers: Section 2155.133 (Delegating of Authority to
Institution of Higher                                Education), Government
Code. 
                      Repealer: Section 2155.134 (Group Purchasing
Program), Government Code. 
                      Repealer: Section 2155.135 (Purchases from Higher
Education Research Funds),                           Government Code. 

SECTION 6. Effective date: upon passage or September 1, 2001.