SRC-JBJ S.B. 843 77(R)   BILL ANALYSIS


Senate Research Center   S.B. 843
77R5880 MXM-DBy: Fraser
State Affairs
3/22/2001
As Filed


DIGEST AND PURPOSE 

Currently, the state government contracts for a large amount of goods and
services annually.  The State Auditor's Office has uncovered a number of
instances in which failures in the contract management process have put
state resources or even state clients unnecessarily at risk.  As proposed,
S.B. 843 requires the state auditor, attorney general, Texas Department of
Information Resources, and the General Services Commission to develop
common contract management guidelines and a common training curriculum that
all state-employed contract managers must follow. 

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 Title 10F, Government Code, by adding Chapter 2262, as
follows: 

CHAPTER 2262.  STATEWIDE CONTRACT MANAGEMENT

SUBCHAPTER A.  GENERAL PROVISIONS

 Sec. 2262.001.  DEFINITIONS.  Defines "contract manager" and "state
agency." 

[Reserves Sections 2262.002-2262.050 for expansion.]

SUBCHAPTER B.  CONTRACT MANAGEMENT

Sec. 2262.051.  CONTRACT MANAGEMENT GUIDE.  Requires the attorney general,
General Services Commission (commission), and state auditor to develop a
contract management guide for use by state agencies.  Sets forth standards
for the guide. 

Sec. 2262.052.  TRAINING.  (a)  Requires the attorney general, commission,
Department of Information Resources (department), and state auditor to
develop a training program for each contract manager. 

  (b)  Sets forth standards for the training.

(c)  Requires each state agency to ensure that the agency's contract
managers complete the training developed under this section.  Provides that
this subsection does not apply to an institution of higher education as
defined by Section 61.003 (Definitions), Education Code. 

SECTION 2.  Amends Section 2056.002(b), Government Code, to require that
unless modified by the Legislative Budget Board and the Governor's Office
of Budget and Planning, and except as provided  by Subsection (c), a plan
must include certain specific information, including a description of the
training of the agency's contract managers under Section 2262.052. 

SECTION 3.  (a)  Effective date: September 1, 2001, except as provided by
Subsections (b) and (c) of this section. 

(b)  Provides that Section 2262.052(c), Government Code, as added by this
Act, takes effect September 1, 2002. 

(c)  Provides that a state agency is not required to comply with Section
2056.002(b), Government Code, as added by this Act, until June 1, 2004.