By Gallego H.B. No. 3448
77R1069 MTB-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the continuation and functions of the General Services
1-3 Commission and to the operations of certain other state agencies
1-4 having functions transferred from or associated with the
1-5 commission, including the Department of Information Resources, the
1-6 telecommunications planning and oversight council, the interagency
1-7 work group for developing contracting guidelines, and the State
1-8 Cemetery Committee.
1-9 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-10 ARTICLE 1. ADMINISTRATIVE PROVISIONS
1-11 SECTION 1.01. Section 2054.022, Government Code, is amended
1-12 to read as follows:
1-13 Sec. 2054.022. CONFLICT OF INTEREST. (a) A member of the
1-14 board or the executive director [an employee of the department] may
1-15 not:
1-16 (1) be a person required to register as a lobbyist
1-17 under Chapter 305 because of the person's activities for
1-18 compensation on behalf of a business entity that has, or on behalf
1-19 of a trade association of business entities that have, a
1-20 substantial interest in the information resources technologies
1-21 industry;
1-22 (2) be an officer, employee, or paid consultant of a
1-23 business entity that has, or of a trade association of business
1-24 entities that have, a substantial interest in the information
2-1 resources technologies industry and that may contract with state
2-2 government;
2-3 (3) own, control, or have, directly or indirectly,
2-4 more than a 10 percent interest in a business entity that has a
2-5 substantial interest in the information resources technologies
2-6 industry and that may contract with state government;
2-7 (4) receive more than 25 percent of the individual's
2-8 income from a business entity that has a substantial interest in
2-9 the information resources technologies industry and that may
2-10 contract with state government;
2-11 (5) be interested in or connected with a contract or
2-12 bid for furnishing a state agency with information resources
2-13 technologies;
2-14 (6) be employed by a state agency as a consultant on
2-15 information resources technologies; or
2-16 (7) accept or receive money or another thing of value
2-17 from an individual, firm, or corporation to whom a contract may be
2-18 awarded, directly or indirectly, by rebate, gift, or otherwise.
2-19 (b) A person who is the spouse of an officer, employee, or
2-20 paid consultant of a business entity that has, or of a trade
2-21 association of business entities that have, a substantial interest
2-22 in the information resources technologies industry and that may
2-23 contract with state government may not be[:]
2-24 [(1)] a member of the board or the executive
2-25 director[; or]
2-26 [(2) an employee of the department who:]
2-27 [(A) is exempt from the state's position
3-1 classification plan; or]
3-2 [(B) is compensated at or above the amount
3-3 prescribed by the General Appropriations Act for step 1, salary
3-4 group 17, of the position classification salary schedule].
3-5 (c) An employee of the department, other than the executive
3-6 director:
3-7 (1) may not participate in the department's bidding
3-8 process, including the proposal development related to a contract
3-9 and the negotiation of a contract, if:
3-10 (A) the employee receives income from any likely
3-11 bidder on the contract; or
3-12 (B) the employee's spouse is employed by any
3-13 likely bidder on the contract; and
3-14 (2) may not:
3-15 (A) be a person required to register as a
3-16 lobbyist under Chapter 305 because of the person's activities for
3-17 compensation on behalf of a business entity that has, or on behalf
3-18 of a trade association of business entities that have, a
3-19 substantial interest in the information resources technologies
3-20 industry; or
3-21 (B) be employed by a state agency as a
3-22 consultant on information resources technologies.
3-23 (d) For the purposes of this section, a trade association is
3-24 a nonprofit, cooperative, and voluntarily joined association of
3-25 business or professional competitors in this state designed to
3-26 assist its members and its industry or profession in dealing with
3-27 mutual business or professional problems and in promoting their
4-1 common interest.
4-2 (e) [(d)] The executive director shall dismiss an employee
4-3 of the department who violates a prohibition under Subsection (c)
4-4 [(a)], and the board shall remove the executive director if the
4-5 executive director violates a prohibition under Subsection (a).
4-6 SECTION 1.02. Section 2152.002, Government Code, is amended
4-7 to read as follows:
4-8 Sec. 2152.002. SUNSET PROVISION. The General Services
4-9 Commission is subject to Chapter 325 (Texas Sunset Act). Unless
4-10 continued in existence as provided by that chapter, the commission
4-11 is abolished and this subtitle, except for Chapter 2170 and Section
4-12 2157.121, expires September 1, 2013 [2001].
4-13 SECTION 1.03. Section 2152.051, Government Code, is amended
4-14 to read as follows:
4-15 Sec. 2152.051. COMPOSITION OF COMMISSION. The commission is
4-16 composed of five [six] representatives of the public appointed by
4-17 the governor with the advice and consent of the senate.
4-18 SECTION 1.04. Sections 2152.054(b) and (c), Government Code,
4-19 are amended to read as follows:
4-20 (b) An officer, employee, or paid consultant of a Texas
4-21 trade association of business entities that contracts with the
4-22 state may not:
4-23 (1) serve as a commission member; or
4-24 (2) be employed as a commission employee in a "bona
4-25 fide executive, administrative, or professional capacity," as that
4-26 phrase is used for purposes of establishing an exemption to the
4-27 overtime provisions of the federal Fair Labor Standards Act of 1938
5-1 (29 U.S.C. Section 201 et seq.) and its subsequent amendments [who
5-2 is exempt from the state's position classification plan or is
5-3 compensated at or above the amount prescribed by the General
5-4 Appropriations Act for step 1, salary group 17, of the position
5-5 classification salary schedule].
5-6 (c) An individual who is the spouse of an officer, manager,
5-7 or paid consultant of a Texas trade association of business
5-8 entities that contracts with the state may not:
5-9 (1) serve as a commission member; or
5-10 (2) be employed as a commission employee in a "bona
5-11 fide executive, administrative, or professional capacity," as that
5-12 phrase is used for purposes of establishing an exemption to the
5-13 overtime provisions of the federal Fair Labor Standards Act of 1938
5-14 (29 U.S.C. Section 201 et seq.) and its subsequent amendments [who
5-15 is exempt from the state's position classification plan or is
5-16 compensated at or above the amount prescribed by the General
5-17 Appropriations Act for step 1, salary group 17, of the position
5-18 classification salary schedule].
5-19 SECTION 1.05. Section 2152.056(c), Government Code, is
5-20 amended to read as follows:
5-21 (c) If the executive director has knowledge that a potential
5-22 ground for removal exists, the executive director shall notify the
5-23 presiding officer of the commission of the potential ground. The
5-24 presiding officer shall then notify the governor and the attorney
5-25 general that a potential ground for removal exists. If the
5-26 potential ground for removal involves the presiding officer, the
5-27 executive director shall notify the next highest ranking officer of
6-1 the commission, who shall then notify the governor and the attorney
6-2 general that a potential ground for removal exists.
6-3 SECTION 1.06. Section 2152.057, Government Code, is amended
6-4 to read as follows:
6-5 Sec. 2152.057. TERMS. Commission members serve staggered
6-6 six-year terms with one or two members' terms expiring January 31
6-7 of each odd-numbered year.
6-8 SECTION 1.07. Section 2152.058(c), Government Code, is
6-9 amended to read as follows:
6-10 (c) Three [Four] members of the commission constitute a
6-11 quorum.
6-12 SECTION 1.08. Subchapter B, Chapter 2152, Government Code, is
6-13 amended by adding Section 2152.0581 to read as follows:
6-14 Sec. 2152.0581. TRAINING FOR COMMISSION MEMBERS. (a) A
6-15 person who is appointed to and qualifies for office as a member of
6-16 the commission may not vote, deliberate, or be counted as a member
6-17 in attendance at a meeting of the commission until the person
6-18 completes a training program that complies with this section.
6-19 (b) The training program must provide the person with
6-20 information regarding:
6-21 (1) the legislation that created the commission;
6-22 (2) the programs operated by the commission;
6-23 (3) the role and functions of the commission;
6-24 (4) the rules of the commission, with an emphasis on
6-25 the rules that relate to disciplinary and investigatory authority;
6-26 (5) the current budget for the commission;
6-27 (6) the results of the most recent formal audit of the
7-1 commission;
7-2 (7) the requirements of:
7-3 (A) the open meetings law, Chapter 551;
7-4 (B) the public information law, Chapter 552;
7-5 (C) the administrative procedure law, Chapter
7-6 2001; and
7-7 (D) other laws relating to public officials,
7-8 including conflict of interest laws; and
7-9 (8) any applicable ethics policies adopted by the
7-10 commission or the Texas Ethics Commission.
7-11 (c) A person appointed to the commission is entitled to
7-12 reimbursement, as provided by the General Appropriations Act, for
7-13 the travel expenses incurred in attending the training program
7-14 regardless of whether the attendance at the program occurs before
7-15 or after the person qualifies for office.
7-16 SECTION 1.09. Section 2152.060, Government Code, is amended
7-17 by amending Subsection (b) and adding Subsection (d) to read as
7-18 follows:
7-19 (b) The commission shall maintain a [keep an information]
7-20 file on [about] each written complaint filed with the commission
7-21 [that the commission has authority to resolve]. The file must
7-22 include:
7-23 (1) the name of the person who filed the complaint;
7-24 (2) the date the complaint is received by the
7-25 commission;
7-26 (3) the subject matter of the complaint;
7-27 (4) the name of each person contacted in relation to
8-1 the complaint;
8-2 (5) a summary of the results of the review or
8-3 investigation of the complaint; and
8-4 (6) an explanation of the reason the file was closed,
8-5 if the commission closed the file without taking action other than
8-6 to investigate the complaint.
8-7 (d) The commission shall provide to the person filing the
8-8 complaint and to each person who is a subject of the complaint a
8-9 copy of the commission's policies and procedures relating to
8-10 complaint investigation and resolution.
8-11 SECTION 1.10. Subchapter C, Chapter 2152, Government Code, is
8-12 amended by adding Section 2152.110 to read as follows:
8-13 Sec. 2152.110. STATE EMPLOYEE INCENTIVE PROGRAM. The
8-14 executive director or the executive director's designee shall
8-15 provide to commission employees information and training on the
8-16 benefits and methods of participation in the state employee
8-17 incentive program under Subchapter B, Chapter 2108.
8-18 SECTION 1.11. (a) To achieve the membership plan prescribed
8-19 by Section 2152.051, Government Code, as amended by this Act, for
8-20 the General Services Commission, the governor shall appoint only
8-21 one commission member to succeed the commission members whose terms
8-22 expire on January 31, 2003. The member appointed under this
8-23 section is appointed for a term expiring January 31, 2009.
8-24 (b) As soon as possible after September 1, 2001, the
8-25 governor shall designate for abolition on January 31, 2003, one of
8-26 the two membership positions with terms that expire on January 31,
8-27 2003.
9-1 SECTION 1.12. The changes in law made by this Act in the
9-2 prohibitions and qualifications applying to members of the General
9-3 Services Commission do not affect the entitlement of a member
9-4 serving on the commission immediately before September 1, 2001, to
9-5 continue to serve and function as a member of the commission for
9-6 the remainder of the member's term. The changes in law apply only
9-7 to a member appointed on or after September 1, 2001. This Act does
9-8 not prohibit a person who is a member of the General Services
9-9 Commission immediately before September 1, 2001, from being
9-10 reappointed as a commission member if the person has the
9-11 qualifications required for the position under Chapter 2152,
9-12 Government Code, as amended by this Act.
9-13 SECTION 1.13. The change in law made by this Act to Sections
9-14 2152.051, 2152.057, and 2152.058(c), Government Code, takes effect
9-15 January 31, 2003.
9-16 ARTICLE 2. OVERSIGHT OF MAJOR INFORMATION RESOURCES PROJECTS
9-17 SECTION 2.01. Section 2054.003, Government Code, is amended
9-18 by adding a new Subdivision (8) and renumbering existing
9-19 Subdivisions (8)-(10) as Subdivisions (9)-(11) to read as follows:
9-20 (8) "Major information resources project" means:
9-21 (A) any information resources technology project
9-22 identified in a state agency's biennial operating plan whose
9-23 development costs exceed $1 million and that:
9-24 (i) requires one year or longer to reach
9-25 operations status;
9-26 (ii) involves more than one state agency;
9-27 or
10-1 (iii) substantially alters work methods of
10-2 state agency personnel or the delivery of services to clients; and
10-3 (B) any information resources technology project
10-4 designated by the legislature in the General Appropriations Act as
10-5 a major information resources project.
10-6 (9) "Project" means a program to provide information
10-7 resources technologies support to functions within or among
10-8 elements of a state agency, that ideally is characterized by
10-9 well-defined parameters, specific objectives, common benefits,
10-10 planned activities, a scheduled completion date, and an established
10-11 budget with a specified source of funding.
10-12 (10) [(9)] "State agency" means a department,
10-13 commission, board, office, council, or other agency in the
10-14 executive or judicial branch of state government that is created by
10-15 the constitution or a statute of this state, including a university
10-16 system or institution of higher education as defined by Section
10-17 61.003, Education Code.
10-18 (11) [(10)] "Telecommunications" means any
10-19 transmission, emission, or reception of signs, signals, writings,
10-20 images, or sounds of intelligence of any nature by wire, radio,
10-21 optical, or other electromagnetic systems. The term includes all
10-22 facilities and equipment performing those functions that are owned,
10-23 leased, or used by state agencies and branches of state government.
10-24 SECTION 2.02. Subchapter F, Chapter 2054, Government Code, is
10-25 amended by adding Section 2054.1181 to read as follows:
10-26 Sec. 2054.1181. OVERSIGHT OF MAJOR INFORMATION RESOURCES
10-27 PROJECTS. (a) The department shall create a division in the
11-1 department to oversee the implementation of major information
11-2 resources projects.
11-3 (b) In performing its duties under this section, the
11-4 department shall:
11-5 (1) develop policies for the oversight of projects;
11-6 (2) implement project management standards;
11-7 (3) use effective risk management strategies;
11-8 (4) establish standards that promote the ability of
11-9 information resources systems to operate with each other; and
11-10 (5) use industry best practices and process
11-11 reengineering when feasible.
11-12 (c) The division shall be funded from a percentage of money
11-13 appropriated to or budgeted by state agencies for the major
11-14 information resources projects designated by the legislature under
11-15 Section 2054.003(8)(B). The legislature shall prescribe the
11-16 percentage or percentages, as applicable, in the General
11-17 Appropriations Act.
11-18 SECTION 2.03. Section 2054.118(d), Government Code, is
11-19 repealed.
11-20 ARTICLE 3. TELECOMMUNICATIONS
11-21 SECTION 3.01. Section 2054.051(e), Government Code, is
11-22 amended to read as follows:
11-23 (e) The department shall provide for all interagency use of
11-24 information resources technologies by state agencies[, except for
11-25 telecommunications services provided by the General Services
11-26 Commission under other law]. The department may provide for
11-27 interagency use of information resources technologies either
12-1 directly or by certifying another state agency to provide specified
12-2 uses of information resources technologies to other state agencies.
12-3 SECTION 3.02. Section 2054.091(d), Government Code, is
12-4 amended to read as follows:
12-5 (d) The executive director shall appoint an advisory
12-6 committee to assist in the preparation of the state strategic plan.
12-7 The members of the advisory committee appointed by the executive
12-8 director must be approved by the board and must include officers or
12-9 employees of state government. The telecommunications planning and
12-10 oversight council shall appoint one of its members to serve as a
12-11 member of the advisory committee.
12-12 SECTION 3.03. The heading of Subchapter H, Chapter 2054,
12-13 Government Code, is amended to read as follows:
12-14 SUBCHAPTER H. TELECOMMUNICATIONS PLANNING
12-15 AND OVERSIGHT COUNCIL [GROUP]
12-16 SECTION 3.04. Section 2054.201, Government Code, is amended
12-17 to read as follows:
12-18 Sec. 2054.201. COMPOSITION; TERMS. (a) The
12-19 telecommunications planning and oversight council [group] is
12-20 composed of:
12-21 (1) a representative of the comptroller's office,
12-22 appointed by the comptroller;
12-23 (2) the executive director of the Telecommunications
12-24 Infrastructure Fund Board;
12-25 (3) a member representing the interests of state
12-26 agencies with 1,000 employees or more, appointed by the lieutenant
12-27 governor;
13-1 (4) a member representing the interests of state
13-2 agencies with less than 1,000 employees, appointed by the speaker
13-3 of the house of representatives;
13-4 (5) a member representing the interests of
13-5 institutions of higher education, appointed by the commissioner of
13-6 higher education;
13-7 (6) a member representing the interests of The
13-8 University of Texas System, appointed by the chancellor;
13-9 (7) a member representing the interests of The Texas
13-10 A&M University System, appointed by the chancellor;
13-11 (8) a member representing the interests of public
13-12 school districts that are customers of the consolidated
13-13 telecommunications system, appointed by the governor;
13-14 (9) a member representing the interests of local
13-15 governments that are customers of the consolidated
13-16 telecommunications system, appointed by the governor; and
13-17 (10) two public members with telecommunications
13-18 expertise, appointed by the governor [the comptroller, the
13-19 executive director of the department, and the executive director of
13-20 the General Services Commission].
13-21 (b) Appointed members of the telecommunications planning and
13-22 oversight council serve two-year terms, except that the
13-23 representative of the comptroller's office serves at the discretion
13-24 of the comptroller [Each member of the group may designate an
13-25 employee of the member's agency to serve in the member's place].
13-26 (c) Members of the telecommunications planning and oversight
13-27 council who represent a state agency shall abstain from any action
14-1 taken by the council regarding a request for a waiver under Section
14-2 2170.051 from the state agency that is represented by the member.
14-3 SECTION 3.05. Subchapter H, Chapter 2054, Government Code, is
14-4 amended by adding Section 2054.2011 to read as follows:
14-5 Sec. 2054.2011. DEFINITIONS. In this subchapter:
14-6 (1) "Consolidated telecommunications system" has the
14-7 meaning assigned by Section 2170.001.
14-8 (2) "Centralized capitol complex telephone system"
14-9 means the system described in Section 2170.059.
14-10 SECTION 3.06. Section 2054.202, Government Code, is amended
14-11 to read as follows:
14-12 Sec. 2054.202. ADMINISTRATIVE PROVISIONS. (a) The
14-13 telecommunications planning and oversight council [group] shall
14-14 post notice of its meetings in accordance with the open meetings
14-15 law, Chapter 551, in the manner required for a state governmental
14-16 body under that chapter.
14-17 (b) The department shall provide [coordinate] the staff and
14-18 administrative support necessary for [provided to] the
14-19 telecommunications planning and oversight council to perform its
14-20 duties under this subchapter [group by the department, by the
14-21 comptroller, and by the General Services Commission].
14-22 (c) The telecommunications planning and oversight council
14-23 [group] may periodically elect one of its members to serve as
14-24 presiding officer of the council [group].
14-25 SECTION 3.07. Section 2054.203, Government Code, is amended
14-26 by amending Subsections (a), (b), (c), and (d) and adding
14-27 Subsection (g) to read as follows:
15-1 (a) The telecommunications planning and oversight council
15-2 [group] shall comprehensively collect and manage telecommunications
15-3 network configuration information about existing and planned
15-4 telecommunications networks throughout state government.
15-5 (b) The telecommunications planning and oversight council
15-6 [group] may require state agencies to submit to the council [group]
15-7 the agencies' network configuration information, but the council
15-8 [group] must use existing reports to gather the information if
15-9 possible and minimize the reporting burden on agencies to the
15-10 extent possible.
15-11 (c) The telecommunications planning and oversight council
15-12 [group] shall establish plans and policies for a system of
15-13 telecommunications services to be managed and operated by the
15-14 department [General Services Commission].
15-15 (d) The telecommunications planning and oversight council
15-16 [group] shall develop a statewide telecommunications operating plan
15-17 for all state agencies. The plan shall implement a statewide
15-18 network and include technical specifications that are binding on
15-19 the department [General Services Commission].
15-20 (g) The telecommunications planning and oversight council
15-21 shall perform strategic planning for all state telecommunications
15-22 services in accordance with the guiding principles of the state
15-23 strategic plan for information resources management.
15-24 SECTION 3.08. Sections 2054.204(a) and (c), Government Code,
15-25 are amended to read as follows:
15-26 (a) The telecommunications planning and oversight council
15-27 [group] shall develop a plan for a state telecommunications network
16-1 that will effectively and efficiently meet the long-term
16-2 requirements of state government for voice, video, and computer
16-3 communications, with the goal of achieving a single centralized
16-4 telecommunications network for state government.
16-5 (c) The plan must incorporate efficiencies obtained through
16-6 the use of shared transmission services and open systems
16-7 architecture as they become available, building on existing systems
16-8 as appropriate. In developing the plan, the telecommunications
16-9 planning and oversight council [group] shall make use of the
16-10 technical expertise of state agencies, including institutions of
16-11 higher education.
16-12 SECTION 3.09. Section 2054.205, Government Code, is amended
16-13 to read as follows:
16-14 Sec. 2054.205. DEVELOPMENT OF SYSTEM. (a) The
16-15 telecommunications planning and oversight council [group] shall
16-16 develop functional requirements for a statewide system of
16-17 telecommunications services for all state agencies. Existing
16-18 networks, as configured on September 1, 1991, of institutions of
16-19 higher education are exempt from the requirements.
16-20 (b) The telecommunications planning and oversight council
16-21 [group] shall develop requests for information and proposals for a
16-22 statewide system of telecommunications services for all state
16-23 agencies.
16-24 (c) The telecommunications planning and oversight council
16-25 [group] shall negotiate rates and execute contracts with
16-26 telecommunications service providers for services. The
16-27 telecommunications planning and oversight council [group] may:
17-1 (1) acquire transmission facilities by purchase,
17-2 lease, or lease-purchase in accordance with Chapters 2155-2158; and
17-3 (2) develop, establish, and maintain carrier systems
17-4 necessary to the operation of the telecommunications system.
17-5 SECTION 3.10. Subchapter H, Chapter 2054, Government Code, is
17-6 amended by adding Section 2054.2051 to read as follows:
17-7 Sec. 2054.2051. OVERSIGHT OF SYSTEMS. (a) The
17-8 telecommunications planning and oversight council shall develop
17-9 service objectives for the consolidated telecommunications system
17-10 and the centralized capitol complex telephone system.
17-11 (b) The telecommunications planning and oversight council
17-12 shall develop performance measures for the operations and staff of
17-13 the consolidated telecommunications system and the centralized
17-14 capitol complex telephone system.
17-15 (c) The telecommunications planning and oversight council
17-16 shall review every three months the status of all projects related
17-17 to and the financial performance of the consolidated
17-18 telecommunications system and the centralized capitol complex
17-19 telephone system, including a comparison between actual performance
17-20 and projected goals.
17-21 (d) The telecommunications planning and oversight council
17-22 shall make recommendations to the board on ways to improve the
17-23 operation of the consolidated telecommunications system and the
17-24 centralized capitol complex telephone system based on its review of
17-25 their performance and on concerns raised by using entities.
17-26 SECTION 3.11. Section 2054.206, Government Code, is amended
17-27 to read as follows:
18-1 Sec. 2054.206. ANNUAL REPORT. The telecommunications
18-2 planning and oversight council shall submit an annual report to the
18-3 department and to each entity served by the consolidated
18-4 telecommunications system or the centralized capitol complex
18-5 telephone system. The report must include:
18-6 (1) information about the accomplishment of service
18-7 objectives and other performance measures for management of the
18-8 consolidated telecommunications system and the centralized capitol
18-9 complex telephone system;
18-10 (2) information about the accounting and financial
18-11 performance of the consolidated telecommunications system and the
18-12 centralized capitol complex telephone system;
18-13 (3) estimates of savings to entities served by the
18-14 consolidated telecommunications system over standard rates
18-15 available to state agencies who acquire telecommunications services
18-16 directly;
18-17 (4) trends in network use, including the number of
18-18 users, workstations, and locations supported; and
18-19 (5) rate information for services provided by the
18-20 consolidated telecommunications system and the centralized capitol
18-21 complex telephone system. [ADVISORY AGENCIES. The following state
18-22 agencies shall formally advise the telecommunications planning
18-23 group and send representatives to meetings of the group:]
18-24 [(1) the Texas Education Agency;]
18-25 [(2) the Texas Higher Education Coordinating Board;]
18-26 [(3) The Texas A&M University System;]
18-27 [(4) The University of Texas System;]
19-1 [(5) the Telecommunications Infrastructure Fund Board;
19-2 and]
19-3 [(6) the Texas State Library and Archives Commission.]
19-4 SECTION 3.12. Section 2054.207, Government Code, is amended
19-5 to read as follows:
19-6 Sec. 2054.207. REPORT TO LEGISLATURE. The telecommunications
19-7 planning and oversight council [group] shall report biennially to
19-8 the legislature not later than October 1 of each even-numbered year
19-9 on the status of the current plan for a state telecommunications
19-10 network and on the progress state government has made towards
19-11 accomplishing the goals of the plan. The report shall address
19-12 consolidated telecommunications system performance, centralized
19-13 capitol complex telephone system performance, telecommunications
19-14 system needs, and recommended statutory changes to enhance system
19-15 capability and cost-effectiveness.
19-16 SECTION 3.13. Section 2157.001(1), Government Code, is
19-17 amended to read as follows:
19-18 (1) "Automated information system" includes:
19-19 (A) the computers and computer devices on which
19-20 an information system is automated, including computers and
19-21 computer devices that the commission identifies in guidelines
19-22 developed by the commission in consultation with the Department of
19-23 Information Resources and in accordance with Chapter 2054 and rules
19-24 adopted under that chapter;
19-25 (B) a service related to the automation of an
19-26 information system, including computer software or computers;
19-27 (C) a telecommunications apparatus or device
20-1 that serves as a component of a voice, data, or video
20-2 communications network for transmitting, switching, routing,
20-3 multiplexing, modulating, amplifying, or receiving signals on the
20-4 network, and services related to telecommunications that are not
20-5 covered under Paragraph (D); and
20-6 (D) for the Department of Information Resources
20-7 [General Services Commission], as telecommunications provider for
20-8 the state, the term includes any service provided by a
20-9 telecommunications provider, as that term is defined by Section
20-10 51.002, Utilities Code.
20-11 SECTION 3.14. Section 2157.121, Government Code, is amended
20-12 by amending Subsection (b) and adding Subsection (c) to read as
20-13 follows:
20-14 (b) A state agency, other than the Department of Information
20-15 Resources, shall send its proposal specifications and criteria to
20-16 the commission for approval or request the commission to develop
20-17 the proposal specifications and criteria.
20-18 (c) The Department of Information Resources may acquire a
20-19 telecommunications device, system, or service or an automated
20-20 information system by using competitive sealed proposals without
20-21 regard to whether the commission makes the determination required
20-22 under Subsection (a) for other state agencies.
20-23 SECTION 3.15. Section 2170.001(a), Government Code, is
20-24 amended by adding Subdivision (3) to read as follows:
20-25 (3) "Department" means the Department of Information
20-26 Resources.
20-27 SECTION 3.16. Section 2170.002, Government Code, is amended
21-1 to read as follows:
21-2 Sec. 2170.002. DEPARTMENT [COMMISSION] RESPONSIBLE FOR
21-3 OBTAINING TELECOMMUNICATIONS SERVICES. The department [commission]
21-4 is the state agency responsible for obtaining telecommunications
21-5 services.
21-6 SECTION 3.17. Section 2170.003, Government Code, is amended
21-7 to read as follows:
21-8 Sec. 2170.003. OWNERSHIP OR LEASE OF NECESSARY EQUIPMENT.
21-9 The department [commission] may own, lease, or lease-purchase in
21-10 accordance with Chapters 2155, 2156, 2157, and 2158 any or all of
21-11 the facilities or equipment necessary to provide telecommunications
21-12 services.
21-13 SECTION 3.18. Section 2170.004, Government Code, is amended
21-14 to read as follows:
21-15 Sec. 2170.004. CONTRACTS WITH ENTITIES OTHER THAN STATE
21-16 AGENCIES. The department [commission] may contract for use of the
21-17 consolidated telecommunications system with:
21-18 (1) each house of the legislature;
21-19 (2) a legislative agency;
21-20 (3) an agency that is not a state agency as defined by
21-21 Section 2151.002; and
21-22 (4) a political subdivision, including a county,
21-23 municipality, or district.
21-24 SECTION 3.19. Sections 2170.005(a) and (c), Government Code,
21-25 are amended to read as follows:
21-26 (a) To ensure efficient operation of the consolidated
21-27 telecommunications system at minimum cost to the state, the
22-1 department [commission] shall adopt and disseminate to all agencies
22-2 appropriate guidelines, operating procedures, and telephone
22-3 directories.
22-4 (c) Telephone directories published by the department
22-5 [commission] under this section and Section 2170.059 must be
22-6 revised regularly and must list state telephone numbers
22-7 alphabetically by the subject matter of agency programs as well as
22-8 alphabetically by agency. The subject matter listing of programs
22-9 and telephone numbers in the telephone directories must be
22-10 consistent with the categorization developed by the Records
22-11 Management Interagency Coordinating Council under Section 441.203
22-12 [441.053]. The department [commission] may authorize, under
22-13 procedures and rules considered appropriate by the department
22-14 [commission], a yellow pages advertising section in the directories
22-15 to recover development, publication, and distribution costs of the
22-16 directories.
22-17 SECTION 3.20. Section 2170.006, Government Code, is amended
22-18 to read as follows:
22-19 Sec. 2170.006. COST-EFFECTIVENESS OF SYSTEM. (a) The
22-20 department [commission], with the advice of the state auditor,
22-21 shall maintain records relating to the consolidated
22-22 telecommunications system necessary to enable the department
22-23 [commission] to analyze the cost-effectiveness of the system to
22-24 state agencies.
22-25 (b) The department [commission] shall advise the legislature
22-26 at each session about the system's cost-effectiveness.
22-27 SECTION 3.21. Section 2170.008, Government Code, is amended
23-1 to read as follows:
23-2 Sec. 2170.008. RATE INTERVENTION. (a) If the department
23-3 [commission] determines there is sufficient economic impact on
23-4 state government, the department [commission] may intervene on
23-5 behalf of state agencies in telecommunications rate cases and may
23-6 hire special counsel and expert witnesses to prepare and present
23-7 testimony.
23-8 (b) The attorney general shall represent the department
23-9 [commission] before the courts in all appeals from rate cases in
23-10 which the department [commission] intervenes.
23-11 SECTION 3.22. Sections 2170.009(a) and (c), Government Code,
23-12 are amended to read as follows:
23-13 (a) A pay telephone may be located in the capitol complex
23-14 only with the approval of the department [commission]. The
23-15 department [commission] shall collect the revenue from the
23-16 installation and operation of the pay telephone and deposit it to
23-17 the credit of the general revenue fund.
23-18 (c) The department [commission] or other state entity shall
23-19 account for the revenue collected under this section in the
23-20 entity's annual report.
23-21 SECTION 3.23. Section 2170.051, Government Code, is amended
23-22 to read as follows:
23-23 Sec. 2170.051. MANAGEMENT AND USE OF SYSTEM. (a) The
23-24 department [commission] shall manage the operation of a system of
23-25 telecommunications services for all state agencies. Each agency
23-26 shall identify its particular requirements for telecommunications
23-27 services and the site at which the services are to be provided.
24-1 (b) The department [commission] shall fulfill the
24-2 telecommunications requirements of each state agency to the extent
24-3 possible and to the extent that money is appropriated or available
24-4 for that purpose.
24-5 (c) A state agency shall use the consolidated
24-6 telecommunications system to the fullest extent possible. A state
24-7 agency may not acquire telecommunications services unless the
24-8 telecommunications planning and oversight council [group]
24-9 determines that the agency's requirement for telecommunications
24-10 services cannot be met at a comparable cost by the consolidated
24-11 telecommunications system.
24-12 (d) A state agency may not enter into or renew a contract
24-13 with a carrier or other provider of telecommunications services
24-14 without obtaining a waiver from the telecommunications planning and
24-15 oversight council [group] certifying that the requested
24-16 telecommunications services cannot be provided at a comparable cost
24-17 on the consolidated telecommunications system. The
24-18 telecommunications planning and oversight council [group] shall
24-19 evaluate requests for waivers based on cost-effectiveness to the
24-20 state government as a whole. A waiver may be granted only for a
24-21 specific period and will automatically expire on the stated
24-22 expiration date unless an extension is approved by the
24-23 telecommunications planning and oversight council [group]. A
24-24 contract for telecommunications services obtained under waiver may
24-25 not extend beyond the expiration date of the waiver. If the
24-26 telecommunications planning and oversight council [group] becomes
24-27 aware of any state agency receiving telecommunications services
25-1 without a waiver, the telecommunications planning and oversight
25-2 council [group] shall notify the agency and the comptroller. The
25-3 state agency shall have 60 days after notification by the
25-4 telecommunications planning and oversight council [group] in which
25-5 to submit a waiver request to the telecommunications planning and
25-6 oversight council [group] documenting the agency's reasons
25-7 [reasoning] for bypassing the consolidated telecommunications
25-8 system and otherwise providing all information required by the
25-9 waiver application form.
25-10 SECTION 3.24. Section 2170.052, Government Code, is amended
25-11 to read as follows:
25-12 Sec. 2170.052. BALANCING TECHNOLOGICAL ADVANCEMENTS AND
25-13 EXISTING FACILITIES. In the planning, design, implementation, and
25-14 operation of the consolidated telecommunications system, the
25-15 department [commission] shall maintain an appropriate balance
25-16 between the adoption of technological advancements and the
25-17 efficient use of existing facilities and services to avoid
25-18 misapplication of state money and degradation or loss of the
25-19 integrity of existing systems and facilities.
25-20 SECTION 3.25. Section 2170.056, Government Code, is amended
25-21 to read as follows:
25-22 Sec. 2170.056. COSTS TO STATE OF PARALLEL TOLLS. All
25-23 contracts with telecommunications carriers shall provide that the
25-24 department [commission] or any participating agency may obtain any
25-25 information relating to the costs to the state of parallel tolls.
25-26 SECTION 3.26. Sections 2170.057(a), (c), and (d), Government
25-27 Code, are amended to read as follows:
26-1 (a) The department [commission] shall develop a system of
26-2 billings and charges for services provided in operating and
26-3 administering the consolidated telecommunications system that
26-4 allocates the total state cost to each entity served by the system
26-5 based on proportionate usage.
26-6 (c) To provide an adequate cash flow as necessary for
26-7 purposes of this chapter, using state agencies and other entities,
26-8 on proper notification, shall make monthly payments into the
26-9 telecommunications revolving fund account from appropriated or
26-10 other available money. The legislature may appropriate money for
26-11 operating the system directly to the department [commission], in
26-12 which case the revolving fund account shall be used to receive
26-13 money due from local governmental entities and other agencies to
26-14 the extent that their money is not subject to legislative
26-15 appropriation.
26-16 (d) The department [commission] shall maintain in the
26-17 revolving fund account sufficient amounts to pay the bills of the
26-18 consolidated telecommunications system and the centralized capitol
26-19 complex telephone system. The department [commission] shall
26-20 certify amounts that exceed this amount to the comptroller, and the
26-21 comptroller shall transfer the excess amounts to the credit of the
26-22 statewide network applications account established by Section
26-23 2054.011 [22A, Information Resources Management Act (Article
26-24 4413(32j), Revised Statutes)].
26-25 SECTION 3.27. Sections 2170.058(b) and (c), Government Code,
26-26 are amended to read as follows:
26-27 (b) The department [commission] shall adopt rules that
27-1 govern student access to the system, including:
27-2 (1) times of access to the system; and
27-3 (2) the full recovery of actual costs from each
27-4 student who uses the system.
27-5 (c) In consideration of the duties and responsibilities
27-6 given the department [commission] under this chapter [subtitle], it
27-7 is the policy of this state that a state agency or unit of state
27-8 government may not provide telecommunications products or services
27-9 to the general public in competition with private enterprise unless
27-10 there is a finding that providing the products or services is in
27-11 the public interest. This subsection does not prohibit students
27-12 who reside in housing for which institutions of higher education
27-13 provide telephone service from using service provided under this
27-14 section.
27-15 SECTION 3.28. Section 2170.059, Government Code, is amended
27-16 to read as follows:
27-17 Sec. 2170.059. CENTRALIZED CAPITOL COMPLEX TELEPHONE SYSTEM.
27-18 (a) The department [commission] shall provide centralized
27-19 telephone service for state agencies, each house of the
27-20 legislature, and legislative agencies in the capitol complex.
27-21 State agencies in the capitol complex shall use the service. Each
27-22 house of the legislature and each legislative agency shall use the
27-23 service at the discretion of the legislature. The department
27-24 [commission] may provide the service to other state agencies that
27-25 subscribe to it.
27-26 (b) Each using entity shall make monthly payments to the
27-27 department [commission] when billed by the department [commission].
28-1 (c) Each using entity may arrange for its own terminal
28-2 telephone equipment, but the equipment must be compatible with the
28-3 centralized telephone service. The department [commission] shall
28-4 make terminal equipment available for using entities that choose to
28-5 use that terminal equipment.
28-6 (d) The department [commission] annually shall prepare and
28-7 issue a revised centralized telephone service directory not later
28-8 than March 31.
28-9 SECTION 3.29. Subchapter B, Chapter 2170, Government Code, is
28-10 amended by adding Section 2170.060 to read as follows:
28-11 Sec. 2170.060. QUARTERLY REPORT. The department shall
28-12 quarterly submit a report to the telecommunications planning and
28-13 oversight council on:
28-14 (1) the department's accomplishment of service
28-15 objectives and other performance measures;
28-16 (2) the financial performance of the consolidated
28-17 telecommunications system and the centralized capitol complex
28-18 telephone system; and
28-19 (3) the status of projects for the consolidated
28-20 telecommunications system and the centralized capitol complex
28-21 telephone system.
28-22 SECTION 3.30. Section 2054.091(e), Government Code, is
28-23 repealed.
28-24 SECTION 3.31. Section 2170.007, Government Code, is repealed.
28-25 SECTION 3.32. On September 1, 2001:
28-26 (1) the Department of Information Resources replaces
28-27 the General Services Commission as the telecommunications services
29-1 provider for state government;
29-2 (2) all functions and activities performed by the
29-3 General Services Commission that relate to providing
29-4 telecommunications services for state government under Chapter
29-5 2170, Government Code, or other law immediately before that date
29-6 are transferred to the Department of Information Resources;
29-7 (3) all employees of the General Services Commission
29-8 who primarily perform duties related to providing
29-9 telecommunications services for state government, including
29-10 employees who provide administrative support for those services,
29-11 under Chapter 2170, Government Code, or other law become employees
29-12 of the Department of Information Resources, but continue to work in
29-13 the same physical location unless moved in accordance with the plan
29-14 created under Section 3.33 of this Act;
29-15 (4) a rule or form adopted by the General Services
29-16 Commission that relates to providing telecommunications services
29-17 for state government under Chapter 2170, Government Code, or other
29-18 law is a rule or form of the Department of Information Resources
29-19 and remains in effect until changed by the department;
29-20 (5) a reference in law to the General Services
29-21 Commission that relates to providing telecommunications services
29-22 for state government under Chapter 2170, Government Code, or other
29-23 law means the Department of Information Resources;
29-24 (6) a waiver in effect that was issued by the General
29-25 Services Commission relating to telecommunications under Chapter
29-26 2170, Government Code, or other law is continued in effect as a
29-27 waiver of the Department of Information Resources;
30-1 (7) a rate case, contract negotiation, or other
30-2 proceeding involving the General Services Commission that is
30-3 related to providing telecommunications services for state
30-4 government under Chapter 2170, Government Code, or other law is
30-5 transferred without change in status to the Department of
30-6 Information Resources, and the Department of Information Resources
30-7 assumes, without a change in status, the position of the General
30-8 Services Commission in a negotiation or proceeding relating to
30-9 telecommunications to which the General Services Commission is a
30-10 party;
30-11 (8) all money, contracts, leases, rights, and
30-12 obligations of the General Services Commission related to providing
30-13 telecommunications services for state government under Chapter
30-14 2170, Government Code, or other law are transferred to the
30-15 Department of Information Resources;
30-16 (9) all property, including records, in the custody of
30-17 the General Services Commission related to providing
30-18 telecommunications services for state government under Chapter
30-19 2170, Government Code, or other law becomes property of the
30-20 Department of Information Resources, but stays in the same physical
30-21 location unless moved in accordance with the plan created under
30-22 Section 3.33 of this Act; and
30-23 (10) all funds appropriated by the legislature to the
30-24 General Services Commission for purposes related to providing
30-25 telecommunications services for state government, including funds
30-26 for providing administrative support for those services such as
30-27 funds to pay the salary and benefits of employees who provide the
31-1 administrative support, under Chapter 2170, Government Code, or
31-2 other law are transferred to the Department of Information
31-3 Resources.
31-4 SECTION 3.33. The General Services Commission and the
31-5 Department of Information Resources shall establish a transition
31-6 plan for the transfer described in Section 3.32 of this Act. The
31-7 plan must include:
31-8 (1) a timetable for any necessary or advisable
31-9 movement of the physical location of employees and property;
31-10 (2) an inventory of all equipment and other property
31-11 required to be transferred;
31-12 (3) a determination of any continued support and
31-13 cooperation the commission must provide the department to ensure an
31-14 efficient continuation of service and of planning for future needs,
31-15 and the period during which continued support and cooperation will
31-16 be necessary; and
31-17 (4) provisions for the immediate access of the
31-18 Department of Information Resources to facilities that house
31-19 telecommunications equipment and any related facilities.
31-20 SECTION 3.34. (a) The telecommunications planning group is
31-21 abolished.
31-22 (b) The governor, the lieutenant governor, the speaker of
31-23 the house of representatives, the comptroller, the commissioner of
31-24 higher education, the chancellor of The University of Texas System,
31-25 and the chancellor of The Texas A&M University System shall make
31-26 appointments to the telecommunications planning and oversight
31-27 council in accordance with Section 2054.201, Government Code, as
32-1 amended by this Act, as soon as possible after September 1, 2001.
32-2 (c) Any powers, duties, rights, contracts, appropriations,
32-3 property, and records of the telecommunications planning group are
32-4 transferred to the telecommunications planning and oversight
32-5 council as created by this Act.
32-6 (d) A rule, policy, plan, waiver, standard, requirement, or
32-7 guideline of the telecommunications planning group continues in
32-8 effect as a rule, policy, plan, waiver, standard, requirement, or
32-9 guideline of the telecommunications planning and oversight council
32-10 until it is superseded by an act of the telecommunications planning
32-11 and oversight council as created by this Act or until it expires
32-12 according to its terms or by operation of law.
32-13 (e) The validity of a rule, policy, plan, requirement,
32-14 guideline, or procedure adopted, waiver granted, contract or
32-15 acquisition made, obligation incurred, right accrued, or other
32-16 action taken by or in connection with the authority of the
32-17 telecommunications planning group before it is abolished under
32-18 Subsection (a) of this section is not affected by the abolishment.
32-19 SECTION 3.35. The telecommunications planning and oversight
32-20 council shall issue the first annual report required under Section
32-21 2054.206, Government Code, as amended by this Act, not later than
32-22 September 1, 2002.
32-23 ARTICLE 4. CONTRACTING GUIDELINES
32-24 SECTION 4.01. Subchapter C, Chapter 2054, Government Code, is
32-25 amended by adding Section 2054.058 to read as follows:
32-26 Sec. 2054.058. CONTRACTING GUIDELINES. (a) The department
32-27 with the assistance of the state auditor's office and the office of
33-1 the attorney general shall develop contracting guidelines for state
33-2 agencies. The guidelines must be developed to accommodate the
33-3 varying needs of state agencies. The department shall include in
33-4 the guidelines information regarding:
33-5 (1) contract monitoring;
33-6 (2) contractor selection;
33-7 (3) subcontractor performance; and
33-8 (4) standard contract provisions for common types of
33-9 contracts.
33-10 (b) The department shall:
33-11 (1) create training materials for state agency
33-12 personnel who are directly or indirectly involved with contracts;
33-13 (2) provide ongoing assistance and support for state
33-14 agency contracting efforts;
33-15 (3) enter into an interagency agreement with the
33-16 office of the attorney general for legal assistance necessary in
33-17 implementing this section; and
33-18 (4) identify the types of contracts that pose a risk
33-19 of loss to the state and require enhanced contract monitoring, and
33-20 rank the types of contracts according to the amount of risk posed.
33-21 (c) Each state agency shall comply with the contracting
33-22 guidelines developed by the department under this section.
33-23 (d) The contracting guidelines developed by the department
33-24 apply only to procurements made with appropriated money.
33-25 SECTION 4.02. (a) An interagency work group is created to
33-26 assist the Department of Information Resources in developing
33-27 contracting guidelines for state agency use under Section 2054.058,
34-1 Government Code, as added by this Act.
34-2 (b) The work group is composed of:
34-3 (1) a representative of:
34-4 (A) the state auditor's office, appointed by the
34-5 state auditor;
34-6 (B) the office of the attorney general,
34-7 appointed by the attorney general; and
34-8 (C) the comptroller's office, appointed by the
34-9 comptroller; and
34-10 (2) additional members appointed by the governing
34-11 board of the Department of Information Resources from:
34-12 (A) institutions of higher education; and
34-13 (B) other state agencies.
34-14 (c) The work group expires on September 1, 2002, unless
34-15 reconvened by the department, as needed.
34-16 ARTICLE 5. COMMERCIALLY AVAILABLE ACTIVITIES
34-17 SECTION 5.01. Chapter 2152, Government Code, is amended by
34-18 adding Subchapter D to read as follows:
34-19 SUBCHAPTER D. COMMERCIALLY AVAILABLE ACTIVITIES
34-20 Sec. 2152.151. REVIEW PROCESS. (a) The commission shall
34-21 develop a systematic review process to identify commercially
34-22 available services being performed by the commission and study the
34-23 services to determine if they may be better provided by other state
34-24 agency providers of the services or private commercial sources.
34-25 (b) In reviewing its services, the commission shall:
34-26 (1) determine whether competitive vendors exist in the
34-27 private sector;
35-1 (2) compare the cost of contracting for the services
35-2 from other state agency providers of the services or private
35-3 commercial sources to the commission's cost of performing the
35-4 services; and
35-5 (3) document cost savings from contracting for the
35-6 services from other state agency providers of the services or
35-7 private commercial sources.
35-8 (c) Each commercially available service performed by the
35-9 commission shall be reviewed at least once every six years.
35-10 (d) The commission shall consult with the State Council on
35-11 Competitive Government as necessary in planning and conducting its
35-12 reviews under this subchapter.
35-13 Sec. 2152.152. COST COMPARISON AND CONTRACT CONSIDERATIONS.
35-14 (a) The commission shall consider all of its direct and indirect
35-15 costs in determining the cost of providing a service.
35-16 (b) In comparing the cost of providing a service, the
35-17 commission must include the:
35-18 (1) cost of supervising the work of a private
35-19 contractor; and
35-20 (2) cost to the state of the commission's performance
35-21 of the service, including:
35-22 (A) the costs of the comptroller's office, the
35-23 office of the attorney general, and other support agencies; and
35-24 (B) other indirect costs related to the
35-25 commission's performance of the service.
35-26 Sec. 2152.153. CONTRACTING WITH ANOTHER STATE AGENCY OR
35-27 PRIVATE SOURCE. (a) If the commission determines that a service
36-1 can be performed with a comparable or better level of quality at a
36-2 savings to the state of at least 10 percent by using other state
36-3 agency providers of the service or a private commercial source, the
36-4 commission may contract with other state agency providers of the
36-5 services or private commercial sources for the service.
36-6 (b) The commission maintains responsibility for providing a
36-7 contracted service and shall set measurable performance standards
36-8 for a contractor.
36-9 Sec. 2152.154. PROHIBITION. The commission may not begin
36-10 providing a service it did not already provide as of September 1,
36-11 2001, unless, after conducting an in-depth analysis on cost in
36-12 accordance with Section 2152.152 and on availability of a service,
36-13 it determines that it can perform the service at a higher level of
36-14 quality or at a lower cost than other state agency providers of the
36-15 service or private commercial sources.
36-16 ARTICLE 6. ELECTRONIC COMMERCE; TRAVEL
36-17 SECTION 6.01. Section 2155.062(a), Government Code, is
36-18 amended to read as follows:
36-19 (a) In purchasing goods and services the commission may use,
36-20 but is not limited to, the:
36-21 (1) contract purchase procedure;
36-22 (2) multiple award contract procedure; [or]
36-23 (3) open market purchase procedure; or
36-24 (4) reverse auction procedure.
36-25 SECTION 6.02. Sections 2155.083(c), (d), (f), (k), and (l),
36-26 Government Code, are amended to read as follows:
36-27 (c) The commission [department] each business day shall
37-1 produce and post a business daily in an electronic format. The
37-2 commission [department] shall post in the business daily
37-3 information as prescribed by this section about each state agency
37-4 procurement that will exceed $25,000 in value. The commission
37-5 [department] shall also post in the business daily other
37-6 information relating to the business activity of the state that the
37-7 commission [department] considers to be of interest to the public.
37-8 (d) The commission [department] shall make the business
37-9 daily available on the Internet [through its information service
37-10 known as the Texas Marketplace or through a suitable successor
37-11 information service that will make the information available on the
37-12 Internet]. Each [The department and each] state agency shall
37-13 cooperate with the commission in making the electronic business
37-14 daily available.
37-15 (f) The commission [department] and other state agencies may
37-16 not charge a fee designed to recover the cost of preparing and
37-17 gathering the information that is published in the business daily.
37-18 These costs are considered part of a procuring agency's
37-19 responsibility to publicly inform potential bidders or offerors of
37-20 its procurement opportunities.
37-21 (k) Each state agency that will award a procurement contract
37-22 estimated to exceed $25,000 in value shall send to the commission
37-23 [department]:
37-24 (1) the information the commission [department]
37-25 requires for posting in the state business daily under this
37-26 section; and
37-27 (2) a notice when the procurement contract has been
38-1 awarded or when the state agency has decided to not make the
38-2 procurement.
38-3 (l) The commission [department] may adopt rules, prescribe
38-4 forms, and require information to administer this section. The
38-5 commission [department] shall send any proposed rules to the
38-6 governor, Legislative Budget Board, comptroller, and state auditor
38-7 [, and commission] for review and comment. The commission's
38-8 [department's] rules shall require that each state agency, to the
38-9 extent feasible, shall directly and electronically post its own
38-10 notices or solicitation packages under Subsections (g) and (h).
38-11 SECTION 6.03. Section 2171.052, Government Code, is amended
38-12 by adding Subsection (e) to read as follows:
38-13 (e) The commission shall maintain at least one contract with
38-14 a provider of travel services that offers reservation and ticketing
38-15 services in person or by telephone.
38-16 SECTION 6.04. Subchapter B, Chapter 2171, Government Code, is
38-17 amended by adding Section 2171.0521 to read as follows:
38-18 Sec. 2171.0521. ONLINE RESERVATION AND TICKETING SYSTEM. (a)
38-19 The Department of Information Resources, in consultation with the
38-20 commission, shall establish an online travel reservation and
38-21 ticketing system for use by state agencies participating in the
38-22 commission's contracts for travel services. The Department of
38-23 Information Resources, in consultation with the commission, shall
38-24 enter into contracts with private or public entities to establish a
38-25 secure system for use by state employees traveling on state
38-26 business. Reservations must be made with a state-issued credit
38-27 card.
39-1 (b) When the online reservation and ticketing system becomes
39-2 fully operational, as determined by the Department of Information
39-3 Resources, the commission shall assume management and
39-4 administrative responsibility for the system. The commission, in
39-5 consultation with the Department of Information Resources, shall
39-6 enter into contracts with private or public entities to maintain
39-7 all or part of the system.
39-8 (c) The preference in Section 2171.052(c) for a resident
39-9 entity of this state does not apply to this section.
39-10 (d) A state agency may use the online reservation and
39-11 ticketing system to make travel reservations for a state employee
39-12 traveling on state business.
39-13 SECTION 6.05. Chapter 2177, Government Code, is amended to
39-14 read as follows:
39-15 CHAPTER 2177. ELECTRONIC COMMERCE
39-16 SUBCHAPTER A. GENERAL PROVISIONS
39-17 Sec. 2177.001. DEFINITION. In this chapter, "department"
39-18 means the Department of Information Resources.
39-19 Sec. 2177.002. SMALL AND HISTORICALLY UNDERUTILIZED
39-20 BUSINESSES. The commission and the department shall ensure that
39-21 small and historically underutilized businesses have maximum access
39-22 to electronic commerce opportunities.
39-23 SUBCHAPTER B. ELECTRONIC PROCUREMENT MARKETPLACE
39-24 Sec. 2177.051. ELECTRONIC PROCUREMENT MARKETPLACE. (a) The
39-25 department, in consultation with the commission, shall establish
39-26 [and manage] an electronic procurement marketplace. The
39-27 department, in consultation with the commission, may enter into
40-1 contracts with private or public entities to establish [or
40-2 maintain] all or part of the databases comprising the marketplace,
40-3 to the extent feasible, including contracts to procure hardware or
40-4 software. The department, in consultation with the commission,
40-5 shall procure all goods and services related to the marketplace
40-6 through a competitive selection process appropriate for the good or
40-7 service being acquired.
40-8 (b) The department [commission], in consultation with the
40-9 commission [Department of Information Resources], shall define
40-10 standards, including keyword and product code standards, for the
40-11 electronic procurement marketplace. The marketplace may contain:
40-12 (1) information relevant to the state's standard
40-13 procurement specifications for goods and services;
40-14 (2) information about vendors, including [information
40-15 from the centralized master bidders list and] vendor performance
40-16 information;
40-17 (3) information about products, including product
40-18 testing results;
40-19 (4) historical purchasing information, qualified
40-20 purchase lists, and trends; and
40-21 (5) information about the availability of surplus
40-22 property.
40-23 (c) The department, in consultation with the commission,
40-24 shall integrate the centralized master bidders list and the
40-25 business daily into the electronic procurement marketplace.
40-26 (d) The department, in consultation with the commission, may
40-27 adopt rules relating to the design and use of the electronic
41-1 procurement marketplace, including rules that require state
41-2 agencies to provide information for or receive information from the
41-3 marketplace.
41-4 (e) When the electronic procurement marketplace becomes
41-5 fully operational, as determined by the department, the commission
41-6 shall assume management and administrative responsibility for the
41-7 marketplace. The commission, in consultation with the department,
41-8 may enter into contracts with private or public entities to
41-9 maintain all or part of the databases comprising the marketplace.
41-10 (f) [(d)] The commission may make state procurement
41-11 information available to political subdivisions through the
41-12 electronic procurement marketplace on a fee-for-service basis. The
41-13 commission shall set the fees in an amount that recovers the
41-14 state's costs in providing the access to a political subdivision.
41-15 (g) [(e)] Before developing a contract for the procurement
41-16 of a good or service, a state agency shall [may] use the electronic
41-17 procurement marketplace to determine the most appropriate method
41-18 for acquiring the good or service.
41-19 (h) [(f)] The marketplace may contain:
41-20 (1) information relevant to the state's standard
41-21 procurement specifications for goods and services;
41-22 (2) information about vendors, including [information
41-23 from the centralized master bidders list and] vendor performance
41-24 information;
41-25 (3) information about products, including product
41-26 testing results; and
41-27 (4) historical purchasing information, qualified
42-1 purchase lists, and trends.
42-2 (i) [(g)] The commission may require information from a
42-3 state agency for inclusion in the electronic procurement
42-4 marketplace.
42-5 SUBCHAPTER C. ELECTRONIC COMMERCE NETWORK
42-6 Sec. 2177.101. EXCEPTIONS. (a) This subchapter does not
42-7 apply to procurements for major construction projects, as defined
42-8 by the commission in consultation with the department, such as
42-9 procurements made under Chapter 223, Transportation Code. In
42-10 defining a major construction project, the commission shall base
42-11 its decision on whether the nature of the project, any related
42-12 contract or specifications, or other considerations are of a type
42-13 that would make electronic procurement inappropriate.
42-14 (b) The exceptions listed under Section 2166.003(a) apply to
42-15 this subchapter.
42-16 Sec. 2177.102 [2177.002]. ELECTRONIC COMMERCE NETWORK. (a)
42-17 The department, in consultation with the commission, shall
42-18 establish [and manage] an electronic commerce network, to the
42-19 extent feasible, under which the state's purchasing transactions
42-20 with vendors can be accomplished electronically by means of
42-21 facsimile transmissions and on-line transmission of necessary
42-22 information. The department, in consultation with the commission,
42-23 may adopt rules relating to the design and use of the electronic
42-24 commerce network [The commission shall comply with applicable rules
42-25 of the Department of Information Resources to the extent that they
42-26 are based on the standard data protocol developed by the American
42-27 National Standards Institute known as electronic data interchange
43-1 or on other efficient standards as determined by the commission].
43-2 (b) The department, in consultation with the commission, may
43-3 enter into contracts with one or more public or private entities to
43-4 establish [or support] various elements of the network. The
43-5 department, in consultation with the commission, shall procure all
43-6 goods and services related to the network through the competitive
43-7 selection process appropriate for the good or service being
43-8 acquired.
43-9 (c) The department, in consultation with the commission, may
43-10 provide for a gateway between the electronic procurement
43-11 marketplace and the electronic commerce network so that the
43-12 elements of a procurement transaction that are within state
43-13 government and the elements of a procurement transaction that
43-14 involve communication with a vendor may all be accomplished
43-15 electronically.
43-16 (d) When the electronic commerce network becomes fully
43-17 operational, as determined by the department, the commission shall
43-18 assume management and administrative responsibility for the
43-19 network. The commission, in consultation with the department, may
43-20 enter into contracts with one or more public or private entities to
43-21 maintain or support various elements of the network.
43-22 (e) Each state agency [that is capable of participating in
43-23 the electronic commerce network] must participate in the network
43-24 and participate in contracts entered into by the department or the
43-25 commission for the establishment or support of the network. The
43-26 commission shall charge an agency a fee for network services
43-27 provided to the agency by the commission or by a contractor so that
44-1 the cost of providing network services to an agency is paid by the
44-2 agency.
44-3 (f) [(e)] The commission may allow political subdivisions
44-4 and other public entities that are members of the commission's
44-5 cooperative purchasing program to participate in the electronic
44-6 commerce network. The commission shall require that a
44-7 participating political subdivision or other entity is charged a
44-8 fee for the network services in the same manner that participating
44-9 state agencies are charged fees under Subsection (e) [(d)].
44-10 (g) [(f)] The commission may also charge private businesses
44-11 a fee for accessing the network.
44-12 (h) [(g)] The commission may:
44-13 (1) adopt rules relating to the management or support
44-14 of the network [to administer this section]; and
44-15 (2) require participating state agencies, political
44-16 subdivisions, and other public entities to designate a network
44-17 coordinator.
44-18 (i) [(h)] The requirements of this subchapter [section and
44-19 Section 2177.003] are in addition to the requirements of other law
44-20 relating to the solicitation of bids, proposals, or expressions of
44-21 interest for a procurement by the commission or another state
44-22 agency. This subchapter does [section and Section 2177.003 do] not
44-23 affect any other law that requires the commission or another state
44-24 agency to award a procurement contract through competitive bidding,
44-25 competitive sealed proposals, or another method.
44-26 Sec. 2177.103 [2177.003]. PARTICIPATION BY STATE AGENCIES IN
44-27 ELECTRONIC COMMERCE NETWORK. (a) Each state agency shall send to
45-1 the commission for posting on the electronic commerce network
45-2 information on each procurement contract the commission, in
45-3 consultation with the department, determines is appropriate for
45-4 electronic procurement [the value of which will exceed the amount
45-5 of the agency's delegated purchasing authority under Section
45-6 2155.132]:
45-7 (1) without regard to the source of funds the agency
45-8 will use for the procurement; and
45-9 (2) including a procurement that is:
45-10 (A) a procurement by a state agency that is
45-11 otherwise exempt from the commission's purchasing authority;
45-12 (B) made under delegated purchasing authority
45-13 under Section 2155.131; or
45-14 (C) [related to a construction project; or]
45-15 [(D)] a procurement of professional or
45-16 consulting services.
45-17 (b) The commission and each state agency shall include in
45-18 the information placed on the electronic commerce network, to the
45-19 extent it is feasible, the following information for each
45-20 procurement that the commission will make or that another state
45-21 agency will make under Subsection (a):
45-22 (1) a description of the goods or services to be
45-23 procured;
45-24 (2) the estimated quantity of the goods or services to
45-25 be procured;
45-26 (3) if applicable, the previous price paid by the
45-27 commission or another state agency for the same or similar goods or
46-1 services;
46-2 (4) the estimated date on which the goods or services
46-3 to be procured will be needed; and
46-4 (5) the name, business mailing address, and business
46-5 telephone number of the commission employee or other state agency
46-6 employee a person can contact to obtain all necessary information
46-7 relating to making a bid or proposal or other applicable expression
46-8 of interest for the procurement contract.
46-9 (c) The commission shall also post on the electronic
46-10 commerce network other information relating to the business
46-11 activity of the state that the commission considers to be of
46-12 interest to the public. Each state agency shall provide the
46-13 commission with information the commission requires for purposes of
46-14 this subsection in a format prescribed by the commission.
46-15 (d) Each state agency that will award a contract that has
46-16 been placed on the electronic commerce network under Subsection (a)
46-17 shall place notification of the awarding of the contract on the
46-18 electronic commerce network.
46-19 SECTION 6.06. Section 2155.083(b), Government Code, is
46-20 repealed.
46-21 SECTION 6.07. On September 1, 2001:
46-22 (1) all functions and activities performed by the
46-23 General Services Commission relating to the establishment of the
46-24 electronic procurement marketplace or the electronic commerce
46-25 network under Chapter 2177, Government Code, immediately before
46-26 that date are transferred to the Department of Information
46-27 Resources;
47-1 (2) a rule or form adopted by the General Services
47-2 Commission that relates to the establishment of the electronic
47-3 procurement marketplace or the electronic commerce network under
47-4 Chapter 2177, Government Code, is a rule or form of the Department
47-5 of Information Resources and remains in effect until changed by the
47-6 department;
47-7 (3) a reference in law to the General Services
47-8 Commission that relates to the establishment of the electronic
47-9 procurement marketplace or the electronic commerce network under
47-10 Chapter 2177, Government Code, means the Department of Information
47-11 Resources;
47-12 (4) a contract negotiation or other proceeding
47-13 involving the General Services Commission that is related to the
47-14 establishment of the electronic procurement marketplace or the
47-15 electronic commerce network under Chapter 2177, Government Code, is
47-16 transferred without change in status to the Department of
47-17 Information Resources, and the Department of Information Resources
47-18 assumes, without a change in status, the position of the General
47-19 Services Commission in the negotiation or proceeding to which the
47-20 General Services Commission is a party;
47-21 (5) all money, contracts, leases, rights, and
47-22 obligations of the General Services Commission related to the
47-23 establishment of the electronic procurement marketplace or the
47-24 electronic commerce network under Chapter 2177, Government Code,
47-25 are transferred to the Department of Information Resources;
47-26 (6) all property, including records, in the custody of
47-27 the General Services Commission related to the establishment of the
48-1 electronic procurement marketplace or the electronic commerce
48-2 network under Chapter 2177, Government Code, is transferred to the
48-3 Department of Information Resources; and
48-4 (7) all funds appropriated by the legislature to the
48-5 General Services Commission related to the establishment of the
48-6 electronic procurement marketplace or the electronic commerce
48-7 network under Chapter 2177, Government Code, are transferred to the
48-8 Department of Information Resources.
48-9 SECTION 6.08. The General Services Commission and the
48-10 Department of Information Resources shall work together to
48-11 administer the transfer prescribed by this article and to ensure
48-12 that the personnel of the General Services Commission who primarily
48-13 perform duties related to the establishment of the electronic
48-14 procurement marketplace or the electronic commerce network under
48-15 Chapter 2177, Government Code, are loaned to the Department of
48-16 Information Resources until the electronic procurement marketplace
48-17 and the electronic commerce network under Chapter 2177, Government
48-18 Code, become fully operational as determined by the Department of
48-19 Information Resources.
48-20 SECTION 6.09. Once the electronic procurement marketplace and
48-21 the electronic commerce network under Chapter 2177, Government
48-22 Code, and the online reservation and ticketing system under Chapter
48-23 2171, Government Code, become fully operational as determined by
48-24 the Department of Information Resources, all funds, obligations,
48-25 contracts, property, and records of the Department of Information
48-26 Resources related to the marketplace, network, and system become
48-27 the funds, obligations, contracts, property, and records of the
49-1 General Services Commission.
49-2 SECTION 6.10. On September 1, 2001:
49-3 (1) all functions and activities performed by the
49-4 Texas Department of Economic Development relating to the business
49-5 daily under Chapter 2155, Government Code, or other law immediately
49-6 before that date are transferred to the General Services
49-7 Commission;
49-8 (2) a rule or form adopted by the Texas Department of
49-9 Economic Development that relates to the business daily under
49-10 Chapter 2155, Government Code, or other law is a rule or form of
49-11 the General Services Commission and remains in effect until altered
49-12 by the commission;
49-13 (3) a reference in law to the Texas Department of
49-14 Economic Development that relates to the business daily under
49-15 Chapter 2155, Government Code, or other law means the General
49-16 Services Commission;
49-17 (4) all rights and obligations of the Texas Department
49-18 of Economic Development related to the business daily under Chapter
49-19 2155, Government Code, or other law are transferred to the General
49-20 Services Commission; and
49-21 (5) all property, including records, in the custody of
49-22 the Texas Department of Economic Development related to the
49-23 business daily under Chapter 2155, Government Code, or other law is
49-24 transferred to the General Services Commission.
49-25 SECTION 6.11. The Department of Information Resources shall
49-26 have the online reservation and ticketing system created under
49-27 Section 2171.0521, Government Code, as added by this Act, fully
50-1 operational by September 1, 2002.
50-2 ARTICLE 7. STATE CEMETERY
50-3 SECTION 7.01. Section 2165.256(a), Government Code, is
50-4 amended to read as follows:
50-5 (a) The State Cemetery Committee shall oversee all
50-6 operations of the State Cemetery. The committee shall develop a
50-7 budget for the operations of the commission relating to the State
50-8 Cemetery and determine the salary of employees of the commission
50-9 whose duties primarily relate to the operation of the State
50-10 Cemetery.
50-11 SECTION 7.02. Section 2165.2561, Government Code, is amended
50-12 by amending Subsection (k) and adding Subsections (n)-(u) to read
50-13 as follows:
50-14 (k) The legislature shall separately appropriate money to
50-15 the committee within the appropriations to the General Services
50-16 Commission for all matters relating to the operation of the State
50-17 Cemetery. [At the direction of the committee, the General Services
50-18 Commission shall spend money appropriated to or budgeted by the
50-19 General Services Commission for State Cemetery purposes.]
50-20 Activities relating to maintenance of the State Cemetery grounds
50-21 and monuments shall conform to guidelines for historic preservation
50-22 submitted to the committee by the Texas Historical Commission.
50-23 (n) It is a ground for removal from the committee that a
50-24 member:
50-25 (1) does not have at the time of taking office the
50-26 qualifications required by Subsection (a);
50-27 (2) does not maintain during service on the committee
51-1 the qualifications required by Subsection (a);
51-2 (3) is ineligible for membership under Subsection (g)
51-3 or (h);
51-4 (4) cannot, because of illness or disability,
51-5 discharge the member's duties for a substantial part of the
51-6 member's term; or
51-7 (5) is absent from more than half of the regularly
51-8 scheduled committee meetings that the member is eligible to attend
51-9 during a calendar year without an excuse approved by a majority
51-10 vote of the committee.
51-11 (o) The validity of an action of the committee is not
51-12 affected by the fact that it is taken when a ground for removal of
51-13 a committee member exists.
51-14 (p) If the executive director of the commission has
51-15 knowledge that a potential ground for removal exists, the executive
51-16 director shall notify the presiding officer of the committee of the
51-17 potential ground. The presiding officer shall then notify the
51-18 governor and the attorney general that a potential ground for
51-19 removal exists. If the potential ground for removal involves the
51-20 presiding officer, the executive director shall notify the next
51-21 highest ranking officer of the committee, who shall then notify the
51-22 governor and the attorney general that a potential ground for
51-23 removal exists.
51-24 (q) The executive director of the commission or the
51-25 executive director's designee shall provide to members of the
51-26 committee, as often as necessary, information regarding the
51-27 requirements for office under this chapter, including information
52-1 regarding a person's responsibilities under applicable laws
52-2 relating to standards of conduct for state officers.
52-3 (r) A person who is appointed to and qualifies for office as
52-4 a member of the committee may not vote, deliberate, or be counted
52-5 as a member in attendance at a meeting of the committee until the
52-6 person completes a training program that complies with this
52-7 subsection. The training program must provide the person with
52-8 information regarding:
52-9 (1) the legislation that created the State Cemetery
52-10 and the State Cemetery Committee;
52-11 (2) the programs operated by the committee;
52-12 (3) the role and functions of the committee;
52-13 (4) the rules of the committee, with an emphasis on
52-14 any rules that relate to disciplinary and investigatory authority;
52-15 (5) the current budget for the committee;
52-16 (6) the results of the most recent formal audit of
52-17 cemetery operations;
52-18 (7) the requirements of:
52-19 (A) the open meetings law, Chapter 551;
52-20 (B) the public information law, Chapter 552;
52-21 (C) the administrative procedure law, Chapter
52-22 2001; and
52-23 (D) other laws relating to public officials,
52-24 including conflict-of-interest laws; and
52-25 (8) any applicable ethics policies adopted by the
52-26 commission, the committee, or the Texas Ethics Commission.
52-27 (s) A person appointed to the committee is entitled to
53-1 reimbursement, as provided by Chapter 660 and the General
53-2 Appropriations Act, for the travel expenses incurred in attending
53-3 the training program regardless of whether the attendance at the
53-4 program occurs before or after the person qualifies for office.
53-5 (t) The committee shall develop and implement policies that
53-6 clearly separate the policymaking responsibilities of the committee
53-7 and the management responsibilities of the executive director of
53-8 the commission and staff of the cemetery.
53-9 (u) The committee shall develop and implement policies that
53-10 provide the public with a reasonable opportunity to appear before
53-11 the committee and to speak on any issue under the jurisdiction of
53-12 the committee.
53-13 SECTION 7.03. (a) The changes in law made by this Act in the
53-14 prohibitions and qualifications applying to members of the State
53-15 Cemetery Committee do not affect the entitlement of a member
53-16 serving on the committee immediately before September 1, 2001, to
53-17 continue to serve and function as a member of the committee for the
53-18 remainder of the member's term. The changes in law apply only to a
53-19 member appointed on or after September 1, 2001. This Act does not
53-20 prohibit a person who is a member of the State Cemetery Committee
53-21 immediately before September 1, 2001, from being reappointed as a
53-22 committee member if the person has the qualifications required for
53-23 the position under Chapter 2165, Government Code, as amended by
53-24 this Act.
53-25 (b) Section 2165.2561(r), Government Code, as added by this
53-26 Act, does not apply to a member of the State Cemetery Committee
53-27 until March 1, 2002.
54-1 SECTION 7.04. The changes in law made by this Act to the
54-2 State Cemetery's budget and appropriations process apply beginning
54-3 with the fiscal year beginning on September 1, 2003.
54-4 ARTICLE 8. CONTRACTING METHODS FOR CONSTRUCTION
54-5 OF STATE FACILITIES
54-6 SECTION 8.01. Subchapter F, Chapter 2166, Government Code, is
54-7 amended by adding Section 2166.2511 to read as follows:
54-8 Sec. 2166.2511. DEFINITIONS. In this subchapter:
54-9 (1) "Architect" means an individual registered as an
54-10 architect under Chapter 478, Acts of the 45th Legislature, Regular
54-11 Session, 1937 (Article 249a, Vernon's Texas Civil Statutes).
54-12 (2) "Contractor" in the context of a contract for a
54-13 project means a sole proprietorship, partnership, corporation, or
54-14 other legal entity that assumes the risk for constructing,
54-15 rehabilitating, altering, or repairing all or part of the project
54-16 at the contracted price.
54-17 (3) "Engineer" means an individual registered as a
54-18 professional engineer under The Texas Engineering Practice Act
54-19 (Article 3271a, Vernon's Texas Civil Statutes).
54-20 (4) "Facility" means real property, including
54-21 buildings and associated structures and improved or unimproved
54-22 land.
54-23 (5) "Fee" in the context of a contract for a project
54-24 means the payment a construction manager receives for its overhead
54-25 and profit in performing its services.
54-26 (6) "General conditions" in the context of a contract
54-27 for a project means on-site management, administrative personnel,
55-1 insurance, bonds, equipment, utilities, and incidental work,
55-2 including minor field labor and materials.
55-3 SECTION 8.02. Subchapter F, Chapter 2166, Government Code, is
55-4 amended by adding Section 2166.2525 to read as follows:
55-5 Sec. 2166.2525. DETERMINATION OF CONTRACTING METHOD. The
55-6 commission shall adopt rules that determine the circumstances for
55-7 use of each method of contracting allowed under this subchapter for
55-8 design and construction services. In developing the rules, the
55-9 commission shall solicit advice and comment from design and
55-10 construction professionals regarding the criteria the commission
55-11 will use in determining which contracting method is best suited for
55-12 a project.
55-13 SECTION 8.03. Subchapter F, Chapter 2166, Government Code, is
55-14 amended by adding Section 2166.2526 to read as follows:
55-15 Sec. 2166.2526. EVALUATION OF BIDS AND PROPOSALS FOR
55-16 CONSTRUCTION SERVICES. (a) For each project, the commission must,
55-17 before advertising, establish which method of contracting provides
55-18 the best value for the commission or using agency.
55-19 (b) Under each method of contracting, the commission shall
55-20 base its selection among the offerors on criteria established by
55-21 the commission. The commission shall publish in the request for
55-22 bids, proposals, or qualifications the criteria that will be used
55-23 to evaluate the offerors.
55-24 (c) The commission shall document the basis of its selection
55-25 of an offeror and shall make the evaluations public not later than
55-26 the seventh day after the date the contract is awarded.
55-27 SECTION 8.04. Section 2166.253, Government Code, is amended
56-1 to read as follows:
56-2 Sec. 2166.253. LOWEST AND BEST BID METHOD [BIDDING
56-3 PROCEDURES]. (a) The commission may use the lowest and best bid
56-4 method for a project. In using that method, the commission shall
56-5 follow the procedures provided by Subsections (b)-(g).
56-6 (b) After final approval of a project's working plans and
56-7 specifications and their acceptance by a using agency, the
56-8 commission shall advertise in one newspaper of general circulation
56-9 and the Texas Register for bids or proposals for the construction
56-10 of and related work on the project.
56-11 (c) [(b)] Except as provided by Subsection (d) [(c)], the
56-12 commission shall allow bidders not less than 30 days after the date
56-13 the commission issues the bid documents to respond to an invitation
56-14 to bid.
56-15 (d) [(c)] The commission shall allow bidders for small
56-16 construction projects not less than 14 days after the date the
56-17 commission issues the bid documents to respond to an invitation to
56-18 bid.
56-19 (e) [(d)] The commission may shorten the time for response
56-20 to prevent undue additional costs to a state agency or, for
56-21 emergency projects, to prevent or remove a hazard to life or
56-22 property.
56-23 (f) A contract shall be awarded to the qualified bidder
56-24 making the lowest and best bid in accordance with the law on
56-25 awarding a state contract.
56-26 (g) The commission may reject all bids.
56-27 SECTION 8.05. Subchapter F, Chapter 2166, Government Code, is
57-1 amended by adding Section 2166.2531 to read as follows:
57-2 Sec. 2166.2531. DESIGN-BUILD METHOD. (a) In this section:
57-3 (1) "Design-build contract" means a single contract
57-4 with a design-build firm for the design and construction of a
57-5 facility.
57-6 (2) "Design-build firm" means a partnership,
57-7 corporation, or other legal entity or team that includes an
57-8 engineer or architect and a builder qualified to engage in building
57-9 construction in this state.
57-10 (3) "Design criteria package" means a set of documents
57-11 that provides sufficient information to permit a design-build firm
57-12 to prepare a response to the commission's request for
57-13 qualifications and any additional information requested, including
57-14 criteria for selection. The design criteria package must specify
57-15 criteria the commission considers necessary to describe the project
57-16 and may include, as appropriate, the legal description of the site,
57-17 survey information concerning the site, interior space
57-18 requirements, special material requirements, material quality
57-19 standards, conceptual criteria for the project, special equipment
57-20 requirements, cost or budget estimates, time schedules, quality
57-21 assurance and quality control requirements, site development
57-22 requirements, applicable codes and ordinances, provisions for
57-23 utilities, parking requirements, or any other requirement, as
57-24 applicable.
57-25 (b) The commission may use the design-build method for a
57-26 project. In using that method and in entering into a contract for
57-27 the services of a design-build firm, the commission and the
58-1 design-build firm shall follow the procedures provided by
58-2 Subsections (c)-(k).
58-3 (c) The commission may designate an engineer or architect to
58-4 act as its representative. If the commission's engineer or
58-5 architect is not a full-time employee of the commission, any
58-6 engineer or architect designated shall be selected on the basis of
58-7 demonstrated competence and qualifications in accordance with
58-8 Subchapter A, Chapter 2254.
58-9 (d) The commission shall prepare a request for
58-10 qualifications that includes general information on the project
58-11 site, project scope, budget, special systems, selection criteria,
58-12 and other information that may assist potential design-build firms
58-13 in submitting proposals for the project. The commission shall also
58-14 prepare a design criteria package that includes more detailed
58-15 information on the project. If the preparation of the design
58-16 criteria package requires engineering or architectural services
58-17 that constitute the practice of engineering within the meaning of
58-18 The Texas Engineering Practice Act (Article 3271a, Vernon's Texas
58-19 Civil Statutes) or the practice of architecture within the meaning
58-20 of Chapter 478, Acts of the 45th Legislature, Regular Session, 1937
58-21 (Article 249a, Vernon's Texas Civil Statutes), those services shall
58-22 be provided in accordance with the applicable law.
58-23 (e) The commission or its representative shall publish the
58-24 request for qualifications in a manner prescribed by the
58-25 commission.
58-26 (f)(1) The commission or its representative shall evaluate
58-27 statements of qualifications and select a design-build firm in two
59-1 phases.
59-2 (2) In phase one, the commission or its representative
59-3 shall prepare a request for qualifications and evaluate each
59-4 offeror's experience, technical competence, and capability to
59-5 perform, the past performance of the offeror's team and members of
59-6 the team, and other appropriate factors submitted by the team or
59-7 firm in response to the request for qualifications, except that
59-8 cost-related or price-related evaluation factors are not permitted.
59-9 Each offeror must certify to the commission that each engineer or
59-10 architect that is a member of its team was selected based on
59-11 demonstrated competence and qualifications. The commission or its
59-12 representative shall qualify a maximum of five offerors to submit
59-13 additional information and, if the commission or its representative
59-14 chooses, to interview for final selection.
59-15 (3) In phase two, the commission or its representative
59-16 shall evaluate the information submitted by the offerors on the
59-17 basis of the selection criteria stated in the request for
59-18 qualifications and the results of any interview. The commission or
59-19 its representative may request additional information regarding
59-20 demonstrated competence and qualifications, considerations of the
59-21 safety and long-term durability of the project, the feasibility of
59-22 implementing the project as proposed, the ability of the offeror to
59-23 meet schedules, costing methodology, or other factors as
59-24 appropriate. The commission or its representative may not require
59-25 offerors to submit detailed engineering or architectural designs as
59-26 part of the proposal. The commission or its representative shall
59-27 rank each proposal submitted on the basis of the criteria specified
60-1 in the request for qualifications. The commission or its
60-2 representative shall select the design-build firm that submits the
60-3 proposal offering the best value for the commission or using agency
60-4 on the basis of the published selection criteria and on its ranking
60-5 evaluations. The commission or its representative shall first
60-6 attempt to negotiate a contract with the selected offeror. If the
60-7 commission or its representative is unable to negotiate a
60-8 satisfactory contract with the selected offeror, the commission
60-9 shall, formally and in writing, end all negotiations with that
60-10 offeror and proceed to negotiate with the next offeror in the order
60-11 of the selection ranking until a contract is reached or
60-12 negotiations with all ranked offerors end.
60-13 (g) Following selection of a design-build firm under
60-14 Subsection (f), that firm's engineers or architects shall complete
60-15 the design, submitting all design elements for review and
60-16 determination of scope compliance by the commission's engineer or
60-17 architect before or concurrently with the beginning of
60-18 construction.
60-19 (h) An engineer shall have responsibility for compliance
60-20 with the engineering design requirements and all other applicable
60-21 requirements of The Texas Engineering Practice Act (Article 3271a,
60-22 Vernon's Texas Civil Statutes). An architect shall have
60-23 responsibility for compliance with the requirements of Chapter 478,
60-24 Acts of the 45th Legislature, Regular Session, 1937 (Article 249a,
60-25 Vernon's Texas Civil Statutes).
60-26 (i) The commission shall provide or contract for,
60-27 independently of the design-build firm, the inspection services,
61-1 the testing of construction materials engineering, and the
61-2 verification testing services necessary for acceptance of the
61-3 facility by the commission. The commission shall select those
61-4 services for which it contracts in accordance with Section
61-5 2254.004.
61-6 (j) The design-build firm shall supply a signed and sealed
61-7 set of construction documents for the project to the commission at
61-8 the conclusion of construction.
61-9 (k) A payment or performance bond is not required for, and
61-10 may not provide coverage for, the portion of a design-build
61-11 contract under this section that includes design services only. If
61-12 a fixed contract amount or guaranteed maximum price has not been
61-13 determined at the time a design-build contract is awarded, the
61-14 penal sums of the performance and payment bonds delivered to the
61-15 commission shall each be in an amount equal to the project budget,
61-16 as specified in the design criteria package. The design-build firm
61-17 shall deliver the bonds not later than the 10th day after the date
61-18 the design-build firm executes the contract unless the design-build
61-19 firm furnishes a bid bond or other financial security acceptable to
61-20 the commission to ensure that the design-build firm will furnish
61-21 the required performance and payment bonds when a guaranteed
61-22 maximum price is established.
61-23 SECTION 8.06. Subchapter F, Chapter 2166, Government Code, is
61-24 amended by adding Section 2166.2532 to read as follows:
61-25 Sec. 2166.2532. CONSTRUCTION MANAGER-AT-RISK METHOD. (a)
61-26 The commission may use the construction manager-at-risk method for
61-27 a project. In using that method and in entering into a contract
62-1 for the services of a construction manager-at-risk, the commission
62-2 shall follow the procedures prescribed by this section.
62-3 (b) A construction manager-at-risk is a sole proprietorship,
62-4 partnership, corporation, or other legal entity that assumes the
62-5 risk for construction, rehabilitation, alteration, or repair of a
62-6 facility at the contracted price as a general contractor and
62-7 provides consultation to the commission regarding construction
62-8 during and after the design of the facility.
62-9 (c) Before or concurrently with selecting a construction
62-10 manager-at-risk, the commission shall select or designate an
62-11 engineer or architect who shall prepare the construction documents
62-12 for the project and who has full responsibility for complying with
62-13 The Texas Engineering Practice Act (Article 3271a, Vernon's Texas
62-14 Civil Statutes) or Chapter 478, Acts of the 45th Legislature,
62-15 Regular Session, 1937 (Article 249a, Vernon's Texas Civil
62-16 Statutes), as applicable. If the engineer or architect is not a
62-17 full-time employee of the commission, the commission shall select
62-18 the engineer or architect on the basis of demonstrated competence
62-19 and qualifications as provided by Section 2254.004. The
62-20 commission's engineer or architect for a project may not serve,
62-21 alone or in combination with another, as the construction
62-22 manager-at-risk.
62-23 (d) The commission shall provide or contract for,
62-24 independently of the construction manager-at-risk, the inspection
62-25 services, the testing of construction materials engineering, and
62-26 the verification testing services necessary for acceptance of the
62-27 facility by the commission. The commission shall select those
63-1 services for which it contracts in accordance with Section
63-2 2254.004.
63-3 (e) The commission shall select the construction
63-4 manager-at-risk in either a one-step or two-step process. The
63-5 commission shall prepare a request for proposals, in the case of a
63-6 one-step process, or a request for qualifications, in the case of a
63-7 two-step process, that includes general information on the project
63-8 site, project scope, schedule, selection criteria, estimated
63-9 budget, and the time and place for receipt of proposals or
63-10 qualifications, as applicable; a statement as to whether the
63-11 selection process is a one-step or two-step process; and other
63-12 information that may assist the commission in its selection of a
63-13 construction manager-at-risk. The commission shall state the
63-14 selection criteria in the request for proposals or qualifications,
63-15 as applicable. The selection criteria may include the offeror's
63-16 experience, past performance, safety record, proposed personnel and
63-17 methodology, and other appropriate factors that demonstrate the
63-18 capability of the construction manager-at-risk. If a one-step
63-19 process is used, the commission may request, as part of the
63-20 offeror's proposal, proposed fees and prices for fulfilling the
63-21 general conditions. If a two-step process is used, the commission
63-22 may not request fees or prices in step one. In step two, the
63-23 commission may request that five or fewer offerors, selected solely
63-24 on the basis of qualifications, provide additional information,
63-25 including the construction manager-at-risk's proposed fee and its
63-26 price for fulfilling the general conditions.
63-27 (f) The commission shall publish the request for
64-1 qualifications in a manner prescribed by the commission.
64-2 (g) At each step, the commission shall receive, publicly
64-3 open, and read aloud the names of the offerors. At the appropriate
64-4 step, the commission shall also read aloud the fees and prices, if
64-5 any, stated in each proposal as the proposal is opened. Within 45
64-6 days after the date of opening the proposals, the commission or its
64-7 representative shall evaluate and rank each proposal submitted in
64-8 relation to the criteria set forth in the request for proposals.
64-9 (h) The commission or its representative shall select the
64-10 offeror that submits the proposal that offers the best value for
64-11 the commission or using agency based on the published selection
64-12 criteria and on its ranking evaluation. The commission or its
64-13 representative shall first attempt to negotiate a contract with the
64-14 selected offeror. If the commission or its representative is
64-15 unable to negotiate a satisfactory contract with the selected
64-16 offeror, the commission or its representative shall, formally and
64-17 in writing, end negotiations with that offeror and proceed to
64-18 negotiate with the next offeror in the order of the selection
64-19 ranking until a contract is reached or negotiations with all ranked
64-20 offerors end.
64-21 (i) A construction manager-at-risk shall publicly advertise,
64-22 in the manner prescribed by the commission, and receive bids or
64-23 proposals from trade contractors or subcontractors for the
64-24 performance of all major elements of the work other than the minor
64-25 work that may be included in the general conditions. A
64-26 construction manager-at-risk may seek to perform portions of the
64-27 work itself if the construction manager-at-risk submits its bid or
65-1 proposal for those portions of the work in the same manner as all
65-2 other trade contractors or subcontractors and if the commission
65-3 determines that the construction manager-at-risk's bid or proposal
65-4 provides the best value for the commission or using agency.
65-5 (j) The construction manager-at-risk and the commission or
65-6 its representative shall review all trade contractor or
65-7 subcontractor bids or proposals in a manner that does not disclose
65-8 the contents of the bid or proposal during the selection process to
65-9 a person not employed by the construction manager-at-risk,
65-10 engineer, architect, or commission. All bids or proposals shall be
65-11 made public after the award of the contract or within seven days
65-12 after the date of final selection of bids and proposals, whichever
65-13 is later.
65-14 (k) If the construction manager-at-risk reviews, evaluates,
65-15 and recommends to the commission a bid or proposal from a trade
65-16 contractor or subcontractor but the commission requires another bid
65-17 or proposal to be accepted, the commission shall compensate the
65-18 construction manager-at-risk by a change in price, time, or
65-19 guaranteed maximum cost for any additional cost and risk that the
65-20 construction manager-at-risk may incur because of the commission's
65-21 requirement that another bid or proposal be accepted.
65-22 (l) If a selected trade contractor or subcontractor defaults
65-23 in the performance of its work or fails to execute a subcontract
65-24 after being selected in accordance with this section, the
65-25 construction manager-at-risk may, without advertising, itself
65-26 fulfill the contract requirements or select a replacement trade
65-27 contractor or subcontractor to fulfill the contract requirements.
66-1 (m) If a fixed contract amount or guaranteed maximum price
66-2 has not been determined at the time the contract is awarded, the
66-3 penal sums of the performance and payment bonds delivered to the
66-4 commission must each be in an amount equal to the project budget,
66-5 as set forth in the request for qualifications. The construction
66-6 manager-at-risk shall deliver the bonds not later than the 10th day
66-7 after the date the construction manager-at-risk executes the
66-8 contract unless the construction manager-at-risk furnishes a bid
66-9 bond or other financial security acceptable to the commission to
66-10 ensure that the construction manager-at-risk will furnish the
66-11 required performance and payment bonds when a guaranteed maximum
66-12 price is established.
66-13 SECTION 8.07. Subchapter F, Chapter 2166, Government Code, is
66-14 amended by adding Section 2166.2533 to read as follows:
66-15 Sec. 2166.2533. COMPETITIVE SEALED PROPOSAL METHOD. (a) The
66-16 commission may select a contractor for a project using the
66-17 competitive sealed proposal method prescribed by this section.
66-18 (b) The commission shall select or designate an engineer or
66-19 architect to prepare construction documents for the project. The
66-20 selected or designated engineer or architect has full
66-21 responsibility for complying with The Texas Engineering Practice
66-22 Act (Article 3271a, Vernon's Texas Civil Statutes) or Chapter 478,
66-23 Acts of the 45th Legislature, Regular Session, 1937 (Article 249a,
66-24 Vernon's Texas Civil Statutes), as applicable. If the engineer or
66-25 architect is not a full-time employee of the commission, the
66-26 commission shall select the engineer or architect on the basis of
66-27 demonstrated competence and qualifications as provided by Section
67-1 2254.004.
67-2 (c) The commission shall provide or contract for,
67-3 independently of the contractor, the inspection services, the
67-4 testing of construction materials engineering, and the verification
67-5 testing services necessary for acceptance of the facility by the
67-6 commission. The commission shall select those services for which
67-7 it contracts in accordance with Section 2254.004 and shall identify
67-8 them in the request for proposals.
67-9 (d) The commission shall prepare a request for competitive
67-10 sealed proposals that includes construction documents, selection
67-11 criteria, estimated budget, project scope, schedule, and other
67-12 information that contractors may require to respond to the request.
67-13 The commission shall state in the request for proposals the
67-14 selection criteria that will be used in selecting the successful
67-15 offeror.
67-16 (e) The commission shall publish notice of the request for
67-17 proposals in a manner prescribed by the commission.
67-18 (f) The commission shall receive, publicly open, and read
67-19 aloud the names of the offerors and, if any are required to be
67-20 stated, all prices stated in each proposal. Within 45 days after
67-21 the date of opening the proposals, the commission shall evaluate
67-22 and rank each proposal submitted in relation to the published
67-23 selection criteria.
67-24 (g) The commission shall select the offeror that offers the
67-25 best value for the commission or using agency based on the
67-26 published selection criteria and on its ranking evaluation. The
67-27 commission shall first attempt to negotiate a contract with the
68-1 selected offeror. The commission and its engineer or architect may
68-2 discuss with the selected offeror options for a scope or time
68-3 modification and any price change associated with the modification.
68-4 If the commission is unable to reach a contract with the selected
68-5 offeror, the commission shall, formally and in writing, end
68-6 negotiations with that offeror and proceed to the next offeror in
68-7 the order of the selection ranking until a contract is reached or
68-8 all proposals are rejected.
68-9 (h) In determining the best value for the commission or
68-10 using agency, the commission is not restricted to considering price
68-11 alone but may consider any other factor stated in the selection
68-12 criteria.
68-13 SECTION 8.08. Section 2166.255, Government Code, is amended
68-14 to read as follows:
68-15 Sec. 2166.255. AMOUNT [AWARD] OF CONTRACT. [(a) A contract
68-16 shall be awarded to the qualified bidder making the lowest and best
68-17 bid in accordance with the law on awarding a state contract.]
68-18 [(b) The commission may reject all bids.]
68-19 [(c)] A contract may not be awarded for an amount greater
68-20 than the amount that the comptroller certifies to be available for
68-21 the project.
68-22 SECTION 8.09. (a) The changes in law made by this Act to the
68-23 General Services Commission's contract procedures apply only to a
68-24 construction project for which the General Services Commission
68-25 first advertises or otherwise solicits bids, proposals, offers, or
68-26 qualifications, as applicable, on or after September 1, 2001.
68-27 (b) A construction project for which the General Services
69-1 Commission first advertised or otherwise solicited bids, proposals,
69-2 offers, or qualifications, as applicable, before September 1, 2001,
69-3 is governed by the law as it existed immediately before the
69-4 effective date of this Act, and that law is continued in effect for
69-5 that purpose.
69-6 ARTICLE 9. LEASING OF STATE OFFICE SPACE
69-7 SECTION 9.01. Subchapter A, Chapter 2167, Government Code, is
69-8 amended by adding Section 2167.0021 to read as follows:
69-9 Sec. 2167.0021. BEST VALUE STANDARD FOR LEASE OF SPACE. (a)
69-10 The commission shall lease space for the use of a state agency on
69-11 the basis of obtaining the best value for the state.
69-12 (b) The commission shall adopt rules establishing guidelines
69-13 for the determination of best value in a lease contract. In
69-14 determining the best value, the commission may consider:
69-15 (1) the cost of the lease contract;
69-16 (2) the condition and location of lease space;
69-17 (3) utility costs;
69-18 (4) access to public transportation;
69-19 (5) parking availability;
69-20 (6) security;
69-21 (7) telephone service availability;
69-22 (8) indicators of probable lessor performance under
69-23 the contract, such as the lessor's financial resources and the
69-24 lessor's experience;
69-25 (9) compliance with the architectural barriers law,
69-26 Article 9102, Revised Statutes; and
69-27 (10) other relevant factors.
70-1 (c) This section does not prohibit the commission from
70-2 leasing space from the offeror that offers the space at the lowest
70-3 cost if the commission determines that doing so obtains the best
70-4 value for the state.
70-5 SECTION 9.02. Section 2167.003, Government Code, is amended
70-6 to read as follows:
70-7 Sec. 2167.003. FIRST CONSIDERATION TO HISTORIC STRUCTURE.
70-8 (a) In leasing space for the use of a state agency, the commission
70-9 or the private brokerage or real estate firm assisting the
70-10 commission shall give first consideration to a building that is
70-11 designated as a historic structure under Section 442.001 or to a
70-12 building that has been designated a landmark by a local governing
70-13 authority, if:
70-14 (1) the building meets requirements and
70-15 specifications; and
70-16 (2) the cost is not substantially higher than the cost
70-17 for other available buildings that meet requirements and
70-18 specifications.
70-19 (b) When it considers leasing space for a state agency, the
70-20 commission or the private brokerage or real estate firm assisting
70-21 the commission shall notify each individual and organization that
70-22 is:
70-23 (1) on a list furnished to the commission by the Texas
70-24 Historical Commission under Section 442.005; and
70-25 (2) in the county in which the commission is
70-26 considering leasing space.
70-27 (c) At the end of a biennium, the commission shall report to
71-1 the legislature the commission's reasons for rejecting during the
71-2 biennium the lease of any historic structure that was offered as
71-3 [in a bid to] lease space to the state.
71-4 SECTION 9.03. Section 2167.005, Government Code, is amended
71-5 to read as follows:
71-6 Sec. 2167.005. DELEGATION OF AUTHORITY TO STATE AGENCIES
71-7 [INSTITUTIONS OF HIGHER EDUCATION]. (a) The commission may
71-8 delegate to a state agency, including an institution of higher
71-9 education, the authority to enter into lease contracts for space
71-10 [for which payments are not made from money appropriated from the
71-11 general revenue fund].
71-12 (b) Any reports on the lease contracts made [by an
71-13 institution of higher education] under this delegated authority
71-14 shall be required annually.
71-15 SECTION 9.04. Section 2167.006(b), Government Code, is
71-16 amended to read as follows:
71-17 (b) A state agency, including an [An] institution of higher
71-18 education, may not enter a lease contract under Section 2167.005
71-19 unless the agency [institution] complies with the architectural
71-20 barriers law, Article 9102, Revised Statutes.
71-21 SECTION 9.05. Section 2167.052, Government Code, is amended
71-22 by amending Subsection (a) and adding Subsection (c) to read as
71-23 follows:
71-24 (a) Space may be leased from a private source through:
71-25 (1) competitive bidding; [or]
71-26 (2) competitive sealed proposals under Section
71-27 2167.054; or
72-1 (3) direct negotiation.
72-2 (c) The commission shall use the method for leasing space
72-3 that provides the best value for the state.
72-4 SECTION 9.06. Sections 2167.053(a) and (c), Government Code,
72-5 are amended to read as follows:
72-6 (a) When space is leased through competitive bidding, the
72-7 commission shall determine the [lowest and best] bid that provides
72-8 the best value for the state after considering moving costs, the
72-9 cost of time lost in moving, the cost of telecommunications
72-10 services, and other relevant factors.
72-11 (c) If, after review of the bids and evaluation of all
72-12 relevant factors, the leasing state agency's opinion is that the
72-13 bid selected by the commission is not the [lowest and best] bid
72-14 that provides the best value for the state, it may file with the
72-15 commission a written recommendation that the award be made to a
72-16 bidder other than the commission's recommended bidder. The leasing
72-17 state agency's recommendation must contain the agency's
72-18 justification for its recommendation and a complete explanation of
72-19 all factors it considered.
72-20 SECTION 9.07. Sections 2167.054(a), (g), and (i), Government
72-21 Code, are amended to read as follows:
72-22 (a) The commission may lease space using competitive sealed
72-23 proposals [if the commission first determines that competitive
72-24 bidding is not practical or is disadvantageous to the state].
72-25 (g) The commission shall make a written award of a lease to
72-26 the offeror whose proposal provides the best value for [is the most
72-27 advantageous to] the state, considering price and the evaluation
73-1 factors in the request for proposals. [The commission may not use
73-2 other factors or criteria in its evaluation.] The commission shall
73-3 state in writing in the contract file the reasons for which an
73-4 award is made.
73-5 (i) If the competitive sealed proposal procedure for leasing
73-6 space is used by a state agency [an institution of higher
73-7 education] that has been delegated leasing authority under Section
73-8 2167.005, the agency [institution]:
73-9 [(1) must first determine that competitive bidding is
73-10 not practical or is disadvantageous to the state; and]
73-11 [(2)] shall follow the procedures outlined by this
73-12 section and any rules adopted by the commission.
73-13 SECTION 9.08. Subchapter B, Chapter 2167, Government Code, is
73-14 amended by adding Section 2167.0541 to read as follows:
73-15 Sec. 2167.0541. USE OF PRIVATE FIRMS TO OBTAIN SPACE. (a)
73-16 The commission may contract with one or more private brokerage or
73-17 real estate firms to assist the commission in obtaining lease space
73-18 for state agencies on behalf of the commission under this chapter.
73-19 (b) A private brokerage or real estate firm with which the
73-20 commission contracts under Subsection (a) may assist the
73-21 commission in leasing facilities under this chapter.
73-22 SECTION 9.09. Section 2167.055(b), Government Code, is
73-23 amended to read as follows:
73-24 (b) A [The] lease contract entered into under Section
73-25 2167.053 or 2167.054 must reflect the provisions contained in the
73-26 invitation for bids or request for proposals, the successful bid or
73-27 proposal, and the award of the contract.
74-1 SECTION 9.10. Subchapter C, Chapter 2167, Government Code, is
74-2 amended by adding Sections 2167.105 and 2167.106 to read as
74-3 follows:
74-4 Sec. 2167.105. REPORT ON NONCOMPLIANCE. If the commission
74-5 determines that a state agency has not complied with the
74-6 commission's rules or with other state law related to leasing
74-7 requirements, the commission shall report the noncompliance to the
74-8 members of the state agency's governing body and to the governor,
74-9 lieutenant governor, and speaker of the house of representatives.
74-10 The commission shall include in its report an estimate of the
74-11 fiscal impact resulting from the noncompliance.
74-12 Sec. 2167.106. ANNUAL REPORT. The staff of the commission
74-13 shall annually submit a report to the commission regarding
74-14 opportunities for delegating leasing authority to state agencies
74-15 with statewide operations. The report must include comments from
74-16 state agencies with statewide operations.
74-17 SECTION 9.11. A lease contract entered into by the commission
74-18 before September 1, 2001, under Chapter 2167, Government Code, is
74-19 governed during the remaining term of the lease by Chapter 2167,
74-20 Government Code, as it existed immediately before September 1,
74-21 2001, and the prior law is continued in effect for this purpose.
74-22 Chapter 2167, Government Code, as amended by this Act, applies to
74-23 the renewal of a lease described by this section.
74-24 ARTICLE 10. SURPLUS PROPERTY
74-25 SECTION 10.01. Section 2175.065, Government Code, is amended
74-26 to read as follows:
74-27 Sec. 2175.065. DELEGATION OF AUTHORITY TO STATE AGENCY. (a)
75-1 The commission may authorize a state agency to dispose of surplus
75-2 or salvage property if the agency demonstrates to the commission
75-3 its ability to dispose of the property under Subchapters C and E in
75-4 a manner that results in cost savings to the state, under
75-5 commission rules adopted under this chapter.
75-6 (b) The commission shall establish by rule the criteria for
75-7 determining that a delegation of authority to a state agency
75-8 results in cost savings to the state.
75-9 SECTION 10.02. Subchapters C and D, Chapter 2175, Government
75-10 Code, are amended to read as follows:
75-11 SUBCHAPTER C. DIRECT TRANSFER OR OTHER DISPOSITION OF SURPLUS
75-12 OR SALVAGE PROPERTY BY STATE AGENCY
75-13 Sec. 2175.121. APPLICABILITY. This subchapter applies only
75-14 to surplus or salvage property to which Subchapter D does not
75-15 apply.
75-16 Sec. 2175.122. STATE AGENCY NOTICE TO COMMISSION. A state
75-17 agency that determines it has surplus or salvage property shall
75-18 inform the commission of the property's kind, number, location,
75-19 condition, original cost or value, and date of acquisition.
75-20 Sec. 2175.123. DETERMINING METHOD OF DISPOSAL. Based on the
75-21 condition of the property, a state agency shall determine whether
75-22 the property is surplus property that should be offered for
75-23 transfer under Section 2175.125 or sold to the public or whether it
75-24 is salvage property, and inform the commission of its
75-25 determination.
75-26 Sec. 2175.124 [2175.122]. COMMISSION NOTICE TO OTHER
75-27 ENTITIES. After a determination that [On receiving notice from] a
76-1 state agency [that the agency] has surplus [or salvage] property,
76-2 the commission shall inform other state agencies, political
76-3 subdivisions, and assistance organizations of the property's kind,
76-4 number, location, and condition.
76-5 Sec. 2175.125 [2175.123]. DIRECT TRANSFER. During the 30
76-6 days following dissemination of information under Section 2175.124
76-7 [2175.122], a state agency, political subdivision, or assistance
76-8 organization may coordinate directly with the reporting state
76-9 agency for a transfer of the property at a price established by the
76-10 reporting agency.
76-11 Sec. 2175.126 [2175.124]. NOTICE OF TRANSFER TO COMPTROLLER;
76-12 ADJUSTMENT OF APPROPRIATIONS AND PROPERTY ACCOUNTING RECORDS. (a)
76-13 If property is transferred to a state agency, the participating
76-14 agencies shall report the transaction to the comptroller.
76-15 (b) On receiving notice under this section, the comptroller
76-16 shall, if necessary:
76-17 (1) debit and credit the proper appropriations; and
76-18 (2) adjust state property accounting records.
76-19 Sec. 2175.127 [2175.125]. PRIORITY FOR TRANSFER TO STATE
76-20 AGENCY. During the 30 days after the date of notice under Section
76-21 2175.124 [2175.122], a transfer to a state agency has priority over
76-22 any other transfer under rules adopted by the commission.
76-23 Sec. 2175.128 [2175.126]. DISPOSITION OF DATA PROCESSING
76-24 EQUIPMENT. (a) If a disposition of a state agency's surplus or
76-25 salvage data processing equipment is not made under Section
76-26 2175.125 or 2175.184 [this subchapter], the state agency shall
76-27 transfer the equipment to the Texas Department of Criminal Justice.
77-1 The state agency may not collect a fee or other reimbursement from
77-2 the Texas Department of Criminal Justice for the surplus or salvage
77-3 data processing equipment.
77-4 (b) If a disposition of the surplus or salvage data
77-5 processing equipment of a state eleemosynary institution or an
77-6 institution or agency of higher education is not made under other
77-7 law, the institution or agency shall transfer the equipment to the
77-8 Texas Department of Criminal Justice. The institution or agency
77-9 may not collect a fee or other reimbursement from the Texas
77-10 Department of Criminal Justice for the surplus or salvage data
77-11 processing equipment.
77-12 [SUBCHAPTER D. DISPOSITION OF SURPLUS OR SALVAGE PROPERTY
77-13 BY COMPETITIVE BIDDING]
77-14 Sec. 2175.129 [2175.181]. DISPOSITION BY COMPETITIVE
77-15 BIDDING, [OR] AUCTION, OR DIRECT SALE. (a) If a disposition of a
77-16 state agency's surplus [or salvage] property is not made under
77-17 Section 2175.125 [Subchapter C], the commission shall:
77-18 (1) sell the property by competitive bid, [or]
77-19 auction, or direct sale to the public; or
77-20 (2) delegate to the state agency authority to sell the
77-21 property by competitive bid, auction, or direct sale to the public
77-22 [bidding].
77-23 (b) The commission or a state agency to which authority is
77-24 delegated under Subsection (a)(2) or under Section 2175.065 shall
77-25 determine which method of sale shall be used based on the method
77-26 that is most advantageous to the state under the circumstances.
77-27 The commission shall adopt rules establishing guidelines for making
78-1 that determination.
78-2 Sec. 2175.130. DISPOSITION BY DIRECT SALE TO PUBLIC. (a) If
78-3 the commission or a state agency to which authority is delegated
78-4 under Section 2175.129(a)(2) or 2175.065 determines that selling
78-5 the property by competitive bid or auction would not maximize the
78-6 resale value of the property to the state, the commission or agency
78-7 may sell surplus or salvage property directly to the public.
78-8 (b) The commission, in cooperation with the state agency
78-9 that declared the property as surplus, or a state agency to which
78-10 authority is delegated under Section 2175.129(a)(2) or 2175.065
78-11 shall set a fixed price for the property.
78-12 Sec. 2175.131 [2175.182]. PURCHASER'S FEE. (a) The
78-13 commission or a state agency disposing of property by a method
78-14 other than direct transfer under this subchapter shall collect a
78-15 fee from the purchaser.
78-16 (b) The commission or state agency shall set the fee at an
78-17 amount that is:
78-18 (1) sufficient to recover costs associated with the
78-19 sale; and
78-20 (2) at least two percent but not more than 12 percent
78-21 of sale proceeds.
78-22 Sec. 2175.132 [2175.183]. ADVERTISEMENT OF SALE. If the
78-23 value of an item or a lot of property to be sold is estimated to be
78-24 more than $5,000, the commission or the state agency authorized to
78-25 sell the property shall advertise the sale at least once in at
78-26 least one newspaper of general circulation in the vicinity in which
78-27 the property is located.
79-1 Sec. 2175.133 [2175.184]. REPORTING SALE; PROPERTY
79-2 ACCOUNTING ADJUSTMENT. (a) On the sale by the commission of
79-3 surplus or salvage property, the commission shall report the
79-4 property sold and the sale price to the state agency that declared
79-5 the property as surplus or salvage.
79-6 (b) A state agency for which surplus or salvage property is
79-7 sold or that sells surplus or salvage property under authority of
79-8 the commission shall report the sale and amount of sale proceeds to
79-9 the comptroller.
79-10 (c) If property reported under this section is on the state
79-11 property accounting system, the comptroller shall remove the
79-12 property from the property accounting records.
79-13 Sec. 2175.134 [2175.185]. PROCEEDS OF SALE. (a) Proceeds
79-14 from the sale of surplus or salvage property, less the cost of
79-15 advertising the sale, the cost of selling the surplus or salvage
79-16 property, including the cost of auctioneer services, and the amount
79-17 of the fee collected under Section 2175.131 [2175.182], shall be
79-18 deposited to the credit of the appropriate appropriation item of
79-19 the state agency for which the sale was made.
79-20 (b) The portion of sale proceeds equal to the cost of
79-21 advertising the sale and the cost of selling the surplus or salvage
79-22 property, including the cost of auctioneer services, shall be
79-23 deposited in the state treasury to the credit of the appropriation
79-24 item of the commission or other state agency from which the costs
79-25 were paid.
79-26 Sec. 2175.135 [2175.186]. PURCHASER'S TITLE. A purchaser of
79-27 surplus [or salvage] property at a sale conducted under Section
80-1 2175.129 or 2175.130 [this subchapter] obtains good title to the
80-2 property if the purchaser has in good faith complied with:
80-3 (1) the conditions of the sale; and
80-4 (2) applicable commission rules.
80-5 SUBCHAPTER D. DISPOSITION OF SURPLUS OR SALVAGE PROPERTY BY
80-6 COMMISSION
80-7 Sec. 2175.181. APPLICABILITY. (a) This subchapter applies
80-8 only to surplus and salvage property located in:
80-9 (1) Travis County;
80-10 (2) a county in which federal surplus property is
80-11 warehoused by the commission under Subchapter G; or
80-12 (3) a county for which the commission determines that
80-13 it is cost-effective to follow the procedures created under this
80-14 subchapter and informs affected state agencies of that
80-15 determination.
80-16 (b) This subchapter does not apply to a state agency
80-17 delegated the authority to dispose of surplus or salvage property
80-18 under Section 2175.065.
80-19 Sec. 2175.1815. ALTERNATIVE APPLICABILITY. (a)
80-20 Notwithstanding Section 2175.181, until January 1, 2003, this
80-21 subchapter applies only to a state agency selected by the
80-22 commission to participate in the disposal process created under
80-23 this subchapter.
80-24 (b) Subchapter C applies to a state agency that is not
80-25 selected by the commission to participate under this subchapter.
80-26 (c) This section expires January 1, 2003.
80-27 Sec. 2175.182. STATE AGENCY TRANSFER OF PROPERTY TO
81-1 COMMISSION. (a) The commission is responsible for the disposal of
81-2 surplus or salvage property under this subchapter. The commission
81-3 may take physical possession of the property. A state agency
81-4 maintains ownership of property throughout the disposal process.
81-5 (b) Based on the condition of the property, the commission
81-6 shall determine whether the property is surplus property that
81-7 should be offered for transfer under Section 2175.184 or sold to
81-8 the public or whether it is salvage property.
81-9 (c) The commission shall cooperate with the comptroller's
81-10 office to ensure the accurate designation and tracking of the
81-11 property.
81-12 Sec. 2175.183. COMMISSION NOTICE TO OTHER ENTITIES. On
81-13 taking responsibility for surplus property under this subchapter,
81-14 the commission shall inform other state agencies, political
81-15 subdivisions, and assistance organizations of the property's kind,
81-16 number, location, and condition.
81-17 Sec. 2175.184. DIRECT TRANSFER. During the 30 days following
81-18 dissemination of information under Section 2175.183, a state
81-19 agency, political subdivision, or assistance organization may
81-20 coordinate with the commission for a transfer of the property at a
81-21 price established by the commission in cooperation with the
81-22 transferring agency. A transfer to a state agency has priority
81-23 over any other transfer during this period.
81-24 Sec. 2175.185. NOTICE OF TRANSFER TO COMPTROLLER; ADJUSTMENT
81-25 OF APPROPRIATIONS AND PROPERTY ACCOUNTING RECORDS. (a) If property
81-26 is transferred to a state agency under Section 2175.184, the
81-27 participating agencies shall report the transaction to the
82-1 comptroller.
82-2 (b) On receiving notice under this section, the comptroller
82-3 shall, if necessary:
82-4 (1) debit and credit the proper appropriations; and
82-5 (2) adjust state property accounting records.
82-6 Sec. 2175.186. DISPOSITION BY COMPETITIVE BIDDING, AUCTION,
82-7 OR DIRECT SALE. (a) If a disposition of a state agency's surplus
82-8 property is not made under Section 2175.184, the commission shall
82-9 sell the property by competitive bid, auction, or direct sale to
82-10 the public.
82-11 (b) The commission shall determine which method of sale
82-12 shall be used based on the method that is most advantageous to the
82-13 state under the circumstances. The commission shall adopt rules
82-14 establishing guidelines for making that determination.
82-15 Sec. 2175.187. DISPOSITION BY DIRECT SALE TO PUBLIC. (a) If
82-16 the commission determines that selling the property by competitive
82-17 bid or auction would not maximize the resale value of the property
82-18 to the state, the commission may sell surplus property directly to
82-19 the public.
82-20 (b) The commission shall set a fixed price for the property
82-21 in cooperation with the state agency that owns the property.
82-22 Sec. 2175.188. PURCHASER'S FEE. (a) For property that is
82-23 sold under Section 2175.186 or 2175.187, the commission shall
82-24 collect a fee from the purchaser.
82-25 (b) The commission shall set the fee at an amount that is:
82-26 (1) sufficient to recover costs associated with the
82-27 sale; and
83-1 (2) at least two percent but not more than 12 percent
83-2 of sale proceeds.
83-3 Sec. 2175.189. ADVERTISEMENT OF SALE. If the value of an
83-4 item or a lot of property to be sold is estimated to be more than
83-5 $5,000, the commission shall advertise the sale at least once in at
83-6 least one newspaper of general circulation in the vicinity in which
83-7 the property is located.
83-8 Sec. 2175.190. REPORTING SALE; PROPERTY ACCOUNTING
83-9 ADJUSTMENT. (a) On the sale by the commission of surplus or
83-10 salvage property, the commission shall report the property sold and
83-11 the sale price to the state agency that owned the property and to
83-12 the comptroller.
83-13 (b) If property reported under this section is on the state
83-14 property accounting system, the comptroller shall remove the
83-15 property from the property accounting records.
83-16 Sec. 2175.191. PROCEEDS OF SALE. (a) Proceeds from the sale
83-17 of surplus or salvage property, less the cost of advertising the
83-18 sale, the cost of selling the surplus or salvage property,
83-19 including the cost of auctioneer services, and the amount of the
83-20 fee collected under Section 2175.188, shall be deposited to the
83-21 credit of the appropriate appropriation item of the state agency
83-22 for which the sale was made.
83-23 (b) The portion of sale proceeds equal to the cost of
83-24 advertising the sale and the cost of selling the surplus or salvage
83-25 property, including the cost of auctioneer services, if any, shall
83-26 be deposited in the state treasury to the credit of the
83-27 appropriation item of the commission.
84-1 Sec. 2175.192. PURCHASER'S TITLE. A purchaser of surplus
84-2 property at a sale conducted under Section 2175.186 or 2175.187
84-3 obtains good title to the property if the purchaser has in good
84-4 faith complied with:
84-5 (1) the conditions of the sale; and
84-6 (2) applicable commission rules.
84-7 Sec. 2175.193. CONTRACTS FOR DESTRUCTION OF PROPERTY. The
84-8 commission shall contract for the disposal of property under
84-9 Subchapter E in a manner that maximizes value to the state.
84-10 SECTION 10.03. This article takes effect January 1, 2002.
84-11 ARTICLE 11. PAPER RECYCLING PROGRAM
84-12 SECTION 11.01. Section 2175.902, Government Code, is amended
84-13 to read as follows:
84-14 Sec. 2175.902. MANDATORY PAPER RECYCLING PROGRAM. (a) The
84-15 commission shall establish a mandatory recycling program for a
84-16 state agency that occupies a building [and maintain in each
84-17 building] under its control [procedures for collecting separately
84-18 from other wastes all paper for recycling disposed of in that
84-19 building]. By rule, the commission shall:
84-20 (1) establish guidelines and procedures for collecting
84-21 and recycling of paper;
84-22 (2) set recycling goals and performance measures;
84-23 (3) require state agencies to designate a recycling
84-24 coordinator;
84-25 (4) provide employee and custodial education and
84-26 training;
84-27 (5) provide feedback and recognition to state agencies
85-1 when appropriate; and
85-2 (6) inform state agencies when proper recycling
85-3 methods are not used.
85-4 (b) If the commission finds that a state agency's recycling
85-5 program meets or exceeds the standards created under Subsection
85-6 (a), the [The] commission may delegate its responsibility under
85-7 this section [subsection] to a state agency located in a [each]
85-8 building under its control.
85-9 (c) [(b)] The commission or a state agency with delegated
85-10 responsibility under Subsection (b) [(a)] shall sell the paper for
85-11 recycling to the highest bidder.
85-12 (d) The commission may enter into an interagency agreement
85-13 to provide recycling services to a state agency otherwise excluded
85-14 from the program.
85-15 ARTICLE 12. EFFECTIVE DATE
85-16 SECTION 12.01. Except as otherwise provided by this Act, this
85-17 Act takes effect September 1, 2001.