By: Zaffirini S.B. No. 311
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 552.010, Government Code, is amended
1-12 to read as follows:
1-13 Sec. 552.010. STATE GOVERNMENTAL BODIES: FISCAL AND OTHER
1-14 INFORMATION RELATING TO MAKING INFORMATION ACCESSIBLE. (a) Each
1-15 state governmental body shall report to the General Services
1-16 Commission [Legislative Budget Board] the information the
1-17 commission [board] requires regarding:
1-18 (1) the number and nature of requests for information
1-19 the state governmental body processes under this chapter in the
1-20 period covered by the report; and
1-21 (2) the cost to the state governmental body in that
1-22 period in terms of capital expenditures and personnel time of:
1-23 (A) responding to requests for information under
1-24 this chapter; and
1-25 (B) making information available to the public
2-1 by means of the Internet or another electronic format.
2-2 (b) The General Services Commission [Legislative Budget
2-3 Board] shall design and phase in the reporting requirements in a
2-4 way that:
2-5 (1) minimizes the reporting burden on state
2-6 governmental bodies; and
2-7 (2) allows the legislature and state governmental
2-8 bodies to estimate the extent to which it is cost-effective for
2-9 state government, and if possible the extent to which it is
2-10 cost-effective or useful for members of the public, to make
2-11 information available to the public by means of the Internet or
2-12 another electronic format as a supplement or alternative to
2-13 publicizing the information only in other ways or making the
2-14 information available only in response to requests made under this
2-15 chapter.
2-16 (c) The open records steering committee and the state
2-17 auditor, at the request of the General Services Commission
2-18 [Legislative Budget Board], shall assist the commission [board] in
2-19 designing its reporting requirements under this section. The
2-20 commission [board] shall share the information reported under this
2-21 section with the open records steering committee.
2-22 SECTION 1.02. Section 2054.022, Government Code, is amended
2-23 to read as follows:
2-24 Sec. 2054.022. CONFLICT OF INTEREST. (a) A member of the
2-25 board or the executive director [an employee of the department] may
2-26 not:
3-1 (1) be a person required to register as a lobbyist
3-2 under Chapter 305 because of the person's activities for
3-3 compensation on behalf of a business entity that has, or on behalf
3-4 of a trade association of business entities that have, a
3-5 substantial interest in the information resources technologies
3-6 industry;
3-7 (2) be an officer, employee, or paid consultant of a
3-8 business entity that has, or of a trade association of business
3-9 entities that have, a substantial interest in the information
3-10 resources technologies industry and that may contract with state
3-11 government;
3-12 (3) own, control, or have, directly or indirectly,
3-13 more than a 10 percent interest in a business entity that has a
3-14 substantial interest in the information resources technologies
3-15 industry and that may contract with state government;
3-16 (4) receive more than 25 percent of the individual's
3-17 income from a business entity that has a substantial interest in
3-18 the information resources technologies industry and that may
3-19 contract with state government;
3-20 (5) be interested in or connected with a contract or
3-21 bid for furnishing a state agency with information resources
3-22 technologies;
3-23 (6) be employed by a state agency as a consultant on
3-24 information resources technologies; or
3-25 (7) accept or receive money or another thing of value
3-26 from an individual, firm, or corporation to whom a contract may be
4-1 awarded, directly or indirectly, by rebate, gift, or otherwise.
4-2 (b) A person who is the spouse of an officer, employee, or
4-3 paid consultant of a business entity that has, or of a trade
4-4 association of business entities that have, a substantial interest
4-5 in the information resources technologies industry and that may
4-6 contract with state government may not be[:]
4-7 [(1)] a member of the board or the executive
4-8 director[; or]
4-9 [(2) an employee of the department who:]
4-10 [(A) is exempt from the state's position
4-11 classification plan; or]
4-12 [(B) is compensated at or above the amount
4-13 prescribed by the General Appropriations Act for step 1, salary
4-14 group 17, of the position classification salary schedule].
4-15 (c) An employee of the department, other than the executive
4-16 director:
4-17 (1) may not participate in the department's bidding
4-18 process, including the proposal development related to a contract
4-19 and the negotiation of a contract, if:
4-20 (A) the employee receives more than five percent
4-21 of the employee's income from any likely bidder on the contract; or
4-22 (B) the employee's spouse is employed by any
4-23 likely bidder on the contract; and
4-24 (2) may not:
4-25 (A) be a person required to register as a
4-26 lobbyist under Chapter 305 because of the person's activities for
5-1 compensation on behalf of a business entity that has, or on behalf
5-2 of a trade association of business entities that have, a
5-3 substantial interest in the information resources technologies
5-4 industry; or
5-5 (B) be employed by a state agency as a
5-6 consultant on information resources technologies.
5-7 (d) For the purposes of this section, a trade association is
5-8 a nonprofit, cooperative, and voluntarily joined association of
5-9 business or professional competitors in this state designed to
5-10 assist its members and its industry or profession in dealing with
5-11 mutual business or professional problems and in promoting their
5-12 common interest.
5-13 (e) [(d)] The executive director shall dismiss an employee
5-14 of the department who violates a prohibition under Subsection (c)
5-15 [(a)], and the board shall remove the executive director if the
5-16 executive director violates a prohibition under Subsection (a).
5-17 SECTION 1.03. Section 2152.002, Government Code, is amended
5-18 to read as follows:
5-19 Sec. 2152.002. SUNSET PROVISION. The General Services
5-20 Commission is subject to Chapter 325 (Texas Sunset Act). Unless
5-21 continued in existence as provided by that chapter, the commission
5-22 is abolished and this subtitle, except for Chapter 2170 and Section
5-23 2157.121, expires September 1, 2013 [2001].
5-24 SECTION 1.04. Section 2152.051, Government Code, is amended
5-25 to read as follows:
5-26 Sec. 2152.051. COMPOSITION OF COMMISSION. The commission is
6-1 composed of five [six] representatives of the public appointed by
6-2 the governor with the advice and consent of the senate.
6-3 SECTION 1.05. Subsections (b) and (c), Section 2152.054,
6-4 Government Code, are amended to read as follows:
6-5 (b) An officer, employee, or paid consultant of a Texas
6-6 trade association of business entities that contracts with the
6-7 state may not:
6-8 (1) serve as a commission member; or
6-9 (2) be employed as a commission employee in a "bona
6-10 fide executive, administrative, or professional capacity," as that
6-11 phrase is used for purposes of establishing an exemption to the
6-12 overtime provisions of the federal Fair Labor Standards Act of 1938
6-13 (29 U.S.C. Section 201 et seq.) and its subsequent amendments [who
6-14 is exempt from the state's position classification plan or is
6-15 compensated at or above the amount prescribed by the General
6-16 Appropriations Act for step 1, salary group 17, of the position
6-17 classification salary schedule].
6-18 (c) An individual who is the spouse of an officer, manager,
6-19 or paid consultant of a Texas trade association of business
6-20 entities that contracts with the state may not:
6-21 (1) serve as a commission member; or
6-22 (2) be employed as a commission employee in a "bona
6-23 fide executive, administrative, or professional capacity," as that
6-24 phrase is used for purposes of establishing an exemption to the
6-25 overtime provisions of the federal Fair Labor Standards Act of 1938
6-26 (29 U.S.C. Section 201 et seq.) and its subsequent amendments [who
7-1 is exempt from the state's position classification plan or is
7-2 compensated at or above the amount prescribed by the General
7-3 Appropriations Act for step 1, salary group 17, of the position
7-4 classification salary schedule].
7-5 SECTION 1.06. Subsection (c), Section 2152.056, Government
7-6 Code, is amended to read as follows:
7-7 (c) If the executive director has knowledge that a potential
7-8 ground for removal exists, the executive director shall notify the
7-9 presiding officer of the commission of the potential ground. The
7-10 presiding officer shall then notify the governor and the attorney
7-11 general that a potential ground for removal exists. If the
7-12 potential ground for removal involves the presiding officer, the
7-13 executive director shall notify the next highest ranking officer of
7-14 the commission, who shall then notify the governor and the attorney
7-15 general that a potential ground for removal exists.
7-16 SECTION 1.07. Section 2152.057, Government Code, is amended
7-17 to read as follows:
7-18 Sec. 2152.057. TERMS. Commission members serve staggered
7-19 six-year terms with one or two members' terms expiring January 31
7-20 of each odd-numbered year.
7-21 SECTION 1.08. Subsection (c), Section 2152.058, Government
7-22 Code, is amended to read as follows:
7-23 (c) Three [Four] members of the commission constitute a
7-24 quorum.
7-25 SECTION 1.09. Subchapter B, Chapter 2152, Government Code,
7-26 is amended by adding Section 2152.0581 to read as follows:
8-1 Sec. 2152.0581. TRAINING FOR COMMISSION MEMBERS. (a) A
8-2 person who is appointed to and qualifies for office as a member of
8-3 the commission may not vote, deliberate, or be counted as a member
8-4 in attendance at a meeting of the commission until the person
8-5 completes a training program that complies with this section.
8-6 (b) The training program must provide the person with
8-7 information regarding:
8-8 (1) the legislation that created the commission;
8-9 (2) the programs operated by the commission;
8-10 (3) the role and functions of the commission;
8-11 (4) the rules of the commission, with an emphasis on
8-12 the rules that relate to disciplinary and investigatory authority;
8-13 (5) the current budget for the commission;
8-14 (6) the results of the most recent formal audit of the
8-15 commission;
8-16 (7) the requirements of:
8-17 (A) the open meetings law, Chapter 551;
8-18 (B) the public information law, Chapter 552;
8-19 (C) the administrative procedure law, Chapter
8-20 2001; and
8-21 (D) other laws relating to public officials,
8-22 including conflict-of-interest laws; and
8-23 (8) any applicable ethics policies adopted by the
8-24 commission or the Texas Ethics Commission.
8-25 (c) A person appointed to the commission is entitled to
8-26 reimbursement, as provided by the General Appropriations Act, for
9-1 the travel expenses incurred in attending the training program
9-2 regardless of whether the attendance at the program occurs before
9-3 or after the person qualifies for office.
9-4 SECTION 1.10. Section 2152.060, Government Code, is amended
9-5 by amending Subsection (b) and adding Subsection (d) to read as
9-6 follows:
9-7 (b) The commission shall maintain a [keep an information]
9-8 file on [about] each written complaint filed with the commission
9-9 [that the commission has authority to resolve]. The file must
9-10 include:
9-11 (1) the name of the person who filed the complaint;
9-12 (2) the date the complaint is received by the
9-13 commission;
9-14 (3) the subject matter of the complaint;
9-15 (4) the name of each person contacted in relation to
9-16 the complaint;
9-17 (5) a summary of the results of the review or
9-18 investigation of the complaint; and
9-19 (6) an explanation of the reason the file was closed,
9-20 if the commission closed the file without taking action other than
9-21 to investigate the complaint.
9-22 (d) The commission shall provide to the person filing the
9-23 complaint and to each person who is a subject of the complaint a
9-24 copy of the commission's policies and procedures relating to
9-25 complaint investigation and resolution.
9-26 SECTION 1.11. Subchapter C, Chapter 2152, Government Code,
10-1 is amended by adding Section 2152.110 to read as follows:
10-2 Sec. 2152.110. STATE EMPLOYEE INCENTIVE PROGRAM. The
10-3 executive director or the executive director's designee shall
10-4 provide to commission employees information and training on the
10-5 benefits and methods of participation in the state employee
10-6 incentive program under Subchapter B, Chapter 2108.
10-7 SECTION 1.12. (a) To achieve the membership plan prescribed
10-8 by Section 2152.051, Government Code, as amended by this Act, for
10-9 the General Services Commission, the governor shall appoint only
10-10 one commission member to succeed the commission members whose terms
10-11 expire on January 31, 2003. The member appointed under this
10-12 section is appointed for a term expiring January 31, 2009.
10-13 (b) As soon as possible after September 1, 2001, the
10-14 governor shall designate for abolition on January 31, 2003, one of
10-15 the two membership positions with terms that expire on January 31,
10-16 2003.
10-17 SECTION 1.13. The changes in law made by this Act in the
10-18 prohibitions and qualifications applying to members of the General
10-19 Services Commission do not affect the entitlement of a member
10-20 serving on the commission immediately before September 1, 2001, to
10-21 continue to serve and function as a member of the commission for
10-22 the remainder of the member's term. The changes in law apply only
10-23 to a member appointed on or after September 1, 2001. This Act does
10-24 not prohibit a person who is a member of the General Services
10-25 Commission immediately before September 1, 2001, from being
10-26 reappointed as a commission member if the person has the
11-1 qualifications required for the position under Chapter 2152,
11-2 Government Code, as amended by this Act.
11-3 SECTION 1.14. The change in law made by this Act to Sections
11-4 2152.051, 2152.057, and Subsection (c), Section 2152.058,
11-5 Government Code, takes effect January 31, 2003.
11-6 ARTICLE 2. OVERSIGHT OF MAJOR INFORMATION RESOURCES PROJECTS
11-7 SECTION 2.01. Section 2054.003, Government Code, is amended
11-8 by adding a new Subdivision (8) and renumbering existing
11-9 Subdivisions (8), (9), and (10) as Subdivisions (9), (10), and (11)
11-10 to read as follows:
11-11 (8) "Major information resources project" means:
11-12 (A) any information resources technology project
11-13 identified in a state agency's biennial operating plan whose
11-14 development costs exceed $1 million and that:
11-15 (i) requires one year or longer to reach
11-16 operations status;
11-17 (ii) involves more than one state agency;
11-18 or
11-19 (iii) substantially alters work methods of
11-20 state agency personnel or the delivery of services to clients; and
11-21 (B) any information resources technology project
11-22 designated by the legislature in the General Appropriations Act as
11-23 a major information resources project.
11-24 (9) "Project" means a program to provide information
11-25 resources technologies support to functions within or among
11-26 elements of a state agency, that ideally is characterized by
12-1 well-defined parameters, specific objectives, common benefits,
12-2 planned activities, a scheduled completion date, and an established
12-3 budget with a specified source of funding.
12-4 (10) [(9)] "State agency" means a department,
12-5 commission, board, office, council, or other agency in the
12-6 executive or judicial branch of state government that is created by
12-7 the constitution or a statute of this state, including a university
12-8 system or institution of higher education as defined by Section
12-9 61.003, Education Code.
12-10 (11) [(10)] "Telecommunications" means any
12-11 transmission, emission, or reception of signs, signals, writings,
12-12 images, or sounds of intelligence of any nature by wire, radio,
12-13 optical, or other electromagnetic systems. The term includes all
12-14 facilities and equipment performing those functions that are owned,
12-15 leased, or used by state agencies and branches of state government.
12-16 SECTION 2.02. Subchapter F, Chapter 2054, Government Code,
12-17 is amended by adding Section 2054.1181 to read as follows:
12-18 Sec. 2054.1181. OVERSIGHT OF MAJOR INFORMATION RESOURCES
12-19 PROJECTS. (a) The department shall create a division in the
12-20 department to oversee the implementation of major information
12-21 resources projects.
12-22 (b) In performing its duties under this section, the
12-23 department shall:
12-24 (1) develop policies for the oversight of projects;
12-25 (2) implement project management standards;
12-26 (3) use effective risk management strategies;
13-1 (4) establish standards that promote the ability of
13-2 information resources systems to operate with each other; and
13-3 (5) use industry best practices and process
13-4 reengineering when feasible.
13-5 (c) The division shall be funded from a percentage of money
13-6 appropriated to or budgeted by state agencies for the major
13-7 information resources projects designated by the legislature under
13-8 Section 2054.003(8)(B). The legislature shall prescribe the
13-9 percentage or percentages, as applicable, in the General
13-10 Appropriations Act.
13-11 SECTION 2.03. Subsection (d), Section 2054.118, Government
13-12 Code, is repealed.
13-13 ARTICLE 3. TELECOMMUNICATIONS
13-14 SECTION 3.01. Subsection (e), Section 2054.051, Government
13-15 Code, is amended to read as follows:
13-16 (e) The department shall provide for all interagency use of
13-17 information resources technologies by state agencies[, except for
13-18 telecommunications services provided by the General Services
13-19 Commission under other law]. The department may provide for
13-20 interagency use of information resources technologies either
13-21 directly or by certifying another state agency to provide specified
13-22 uses of information resources technologies to other state agencies.
13-23 SECTION 3.02. Subsection (d), Section 2054.091, Government
13-24 Code, is amended to read as follows:
13-25 (d) The executive director shall appoint an advisory
13-26 committee to assist in the preparation of the state strategic plan.
14-1 The members of the advisory committee appointed by the executive
14-2 director must be approved by the board and must include officers or
14-3 employees of state government. The telecommunications planning and
14-4 oversight council shall appoint one of its members to serve as a
14-5 member of the advisory committee.
14-6 SECTION 3.03. The heading of Subchapter H, Chapter 2054,
14-7 Government Code, is amended to read as follows:
14-8 SUBCHAPTER H. TELECOMMUNICATIONS PLANNING
14-9 AND OVERSIGHT COUNCIL [GROUP]
14-10 SECTION 3.04. Section 2054.201, Government Code, is amended
14-11 to read as follows:
14-12 Sec. 2054.201. COMPOSITION; TERMS. (a) The
14-13 telecommunications planning and oversight council [group] is
14-14 composed of:
14-15 (1) a representative of the comptroller's office,
14-16 appointed by the comptroller;
14-17 (2) the executive director of the Telecommunications
14-18 Infrastructure Fund Board;
14-19 (3) a representative of the General Services
14-20 Commission, appointed by the executive director of the commission;
14-21 (4) a member representing the interests of state
14-22 agencies with 1,000 employees or more, appointed by the lieutenant
14-23 governor;
14-24 (5) a member representing the interests of state
14-25 agencies with fewer than 1,000 employees, appointed by the speaker
14-26 of the house of representatives;
15-1 (6) a member representing the interests of
15-2 institutions of higher education, appointed by the commissioner of
15-3 higher education;
15-4 (7) a member representing the interests of The
15-5 University of Texas System, appointed by the chancellor;
15-6 (8) a member representing the interests of The Texas
15-7 A&M University System, appointed by the chancellor;
15-8 (9) a member representing the interests of public
15-9 school districts that are customers of the consolidated
15-10 telecommunications system, appointed by the governor;
15-11 (10) a member representing the interests of local
15-12 governments that are customers of the consolidated
15-13 telecommunications system, appointed by the governor; and
15-14 (11) two public members with telecommunications
15-15 expertise, appointed by the governor [the comptroller, the
15-16 executive director of the department, and the executive director of
15-17 the General Services Commission].
15-18 (b) Appointed members of the telecommunications planning and
15-19 oversight council serve two-year terms, except that the
15-20 representative of the comptroller's office serves at the discretion
15-21 of the comptroller and the representative of the General Services
15-22 Commission serves at the discretion of the executive director of
15-23 the commission [Each member of the group may designate an employee
15-24 of the member's agency to serve in the member's place].
15-25 (c) Members of the telecommunications planning and oversight
15-26 council who represent a state agency shall abstain from any action
16-1 taken by the council regarding a request for a waiver under Section
16-2 2170.051 from the state agency that is represented by the member.
16-3 SECTION 3.05. Subchapter H, Chapter 2054, Government Code,
16-4 is amended by adding Section 2054.2011 to read as follows:
16-5 Sec. 2054.2011. DEFINITIONS. In this subchapter:
16-6 (1) "Centralized capitol complex telephone system"
16-7 means the system described in Section 2170.059.
16-8 (2) "Consolidated telecommunications system" has the
16-9 meaning assigned by Section 2170.001.
16-10 SECTION 3.06. Section 2054.202, Government Code, is amended
16-11 to read as follows:
16-12 Sec. 2054.202. ADMINISTRATIVE PROVISIONS. (a) The
16-13 telecommunications planning and oversight council [group] shall
16-14 post notice of its meetings in accordance with the open meetings
16-15 law, Chapter 551, in the manner required for a state governmental
16-16 body under that chapter.
16-17 (b) The department shall provide [coordinate] the staff and
16-18 administrative support necessary for [provided to] the
16-19 telecommunications planning and oversight council to perform its
16-20 duties under this subchapter [group by the department, by the
16-21 comptroller, and by the General Services Commission].
16-22 (c) The telecommunications planning and oversight council
16-23 [group] may periodically elect one of its members to serve as
16-24 presiding officer of the council [group].
16-25 SECTION 3.07. Section 2054.203, Government Code, is amended
16-26 by amending Subsections (a) through (d) and adding Subsection (g)
17-1 to read as follows:
17-2 (a) The telecommunications planning and oversight council
17-3 [group] shall comprehensively collect and manage telecommunications
17-4 network configuration information about existing and planned
17-5 telecommunications networks throughout state government.
17-6 (b) The telecommunications planning and oversight council
17-7 [group] may require state agencies to submit to the council [group]
17-8 the agencies' network configuration information, but the council
17-9 [group] must use existing reports to gather the information if
17-10 possible and minimize the reporting burden on agencies to the
17-11 extent possible.
17-12 (c) The telecommunications planning and oversight council
17-13 [group] shall establish plans and policies for a system of
17-14 telecommunications services to be managed and operated by the
17-15 department [General Services Commission].
17-16 (d) The telecommunications planning and oversight council
17-17 [group] shall develop a statewide telecommunications operating plan
17-18 for all state agencies. The plan shall implement a statewide
17-19 network and include technical specifications that are binding on
17-20 the department [General Services Commission].
17-21 (g) The telecommunications planning and oversight council
17-22 shall perform strategic planning for all state telecommunications
17-23 services in accordance with the guiding principles of the state
17-24 strategic plan for information resources management.
17-25 SECTION 3.08. Subsections (a) and (c), Section 2054.204,
17-26 Government Code, are amended to read as follows:
18-1 (a) The telecommunications planning and oversight council
18-2 [group] shall develop a plan for a state telecommunications network
18-3 that will effectively and efficiently meet the long-term
18-4 requirements of state government for voice, video, and computer
18-5 communications, with the goal of achieving a single centralized
18-6 telecommunications network for state government.
18-7 (c) The plan must incorporate efficiencies obtained through
18-8 the use of shared transmission services and open systems
18-9 architecture as they become available, building on existing systems
18-10 as appropriate. In developing the plan, the telecommunications
18-11 planning and oversight council [group] shall make use of the
18-12 technical expertise of state agencies, including institutions of
18-13 higher education.
18-14 SECTION 3.09. Section 2054.205, Government Code, is amended
18-15 to read as follows:
18-16 Sec. 2054.205. DEVELOPMENT OF SYSTEM. (a) The
18-17 telecommunications planning and oversight council [group] shall
18-18 develop functional requirements for a statewide system of
18-19 telecommunications services for all state agencies. Existing
18-20 networks, as configured on September 1, 1991, of institutions of
18-21 higher education are exempt from the requirements.
18-22 (b) The telecommunications planning and oversight council
18-23 [group] shall develop requests for information and proposals for a
18-24 statewide system of telecommunications services for all state
18-25 agencies.
18-26 (c) The telecommunications planning and oversight council
19-1 [group] shall negotiate rates and execute contracts with
19-2 telecommunications service providers for services. The
19-3 telecommunications planning and oversight council [group] may:
19-4 (1) acquire transmission facilities by purchase,
19-5 lease, or lease-purchase in accordance with Chapters 2155-2158; and
19-6 (2) develop, establish, and maintain carrier systems
19-7 necessary to the operation of the telecommunications system.
19-8 SECTION 3.10. Subchapter H, Chapter 2054, Government Code,
19-9 is amended by adding Section 2054.2051 to read as follows:
19-10 Sec. 2054.2051. OVERSIGHT OF SYSTEMS. (a) The
19-11 telecommunications planning and oversight council shall develop
19-12 service objectives for the consolidated telecommunications system
19-13 and the centralized capitol complex telephone system.
19-14 (b) The telecommunications planning and oversight council
19-15 shall develop performance measures for the operations and staff of
19-16 the consolidated telecommunications system and the centralized
19-17 capitol complex telephone system.
19-18 (c) The telecommunications planning and oversight council
19-19 shall review every three months the status of all projects related
19-20 to and the financial performance of the consolidated
19-21 telecommunications system and the centralized capitol complex
19-22 telephone system, including a comparison between actual performance
19-23 and projected goals.
19-24 (d) The telecommunications planning and oversight council
19-25 shall make recommendations to the board on ways to improve the
19-26 operation of the consolidated telecommunications system and the
20-1 centralized capitol complex telephone system based on its review of
20-2 their performance and on concerns raised by using entities.
20-3 SECTION 3.11. Section 2054.206, Government Code, is amended
20-4 to read as follows:
20-5 Sec. 2054.206. ANNUAL REPORT. The telecommunications
20-6 planning and oversight council shall submit an annual report to the
20-7 department and to each entity served by the consolidated
20-8 telecommunications system or the centralized capitol complex
20-9 telephone system. The report must include:
20-10 (1) information about the accomplishment of service
20-11 objectives and other performance measures for management of the
20-12 consolidated telecommunications system and the centralized capitol
20-13 complex telephone system;
20-14 (2) information about the accounting and financial
20-15 performance of the consolidated telecommunications system and the
20-16 centralized capitol complex telephone system;
20-17 (3) estimates of savings to entities served by the
20-18 consolidated telecommunications system over standard rates
20-19 available to state agencies who acquire telecommunications services
20-20 directly;
20-21 (4) trends in network use, including the number of
20-22 users, workstations, and locations supported; and
20-23 (5) rate information for services provided by the
20-24 consolidated telecommunications system and the centralized capitol
20-25 complex telephone system. [ADVISORY AGENCIES. The following state
20-26 agencies shall formally advise the telecommunications planning
21-1 group and send representatives to meetings of the group:]
21-2 [(1) the Texas Education Agency;]
21-3 [(2) the Texas Higher Education Coordinating Board;]
21-4 [(3) The Texas A&M University System;]
21-5 [(4) The University of Texas System;]
21-6 [(5) the Telecommunications Infrastructure Fund Board;
21-7 and]
21-8 [(6) the Texas State Library and Archives Commission.]
21-9 SECTION 3.12. Section 2054.207, Government Code, is amended
21-10 to read as follows:
21-11 Sec. 2054.207. REPORT TO LEGISLATURE. The
21-12 telecommunications planning and oversight council [group] shall
21-13 report biennially to the legislature not later than October 1 of
21-14 each even-numbered year on the status of the current plan for a
21-15 state telecommunications network and on the progress state
21-16 government has made towards accomplishing the goals of the plan.
21-17 The report shall address consolidated telecommunications system
21-18 performance, centralized capitol complex telephone system
21-19 performance, telecommunications system needs, and recommended
21-20 statutory changes to enhance system capability and
21-21 cost-effectiveness.
21-22 SECTION 3.13. Subdivision (1), Section 2157.001, Government
21-23 Code, is amended to read as follows:
21-24 (1) "Automated information system" includes:
21-25 (A) the computers and computer devices on which
21-26 an information system is automated, including computers and
22-1 computer devices that the commission identifies in guidelines
22-2 developed by the commission in consultation with the Department of
22-3 Information Resources and in accordance with Chapter 2054 and rules
22-4 adopted under that chapter;
22-5 (B) a service related to the automation of an
22-6 information system, including computer software or computers;
22-7 (C) a telecommunications apparatus or device
22-8 that serves as a component of a voice, data, or video
22-9 communications network for transmitting, switching, routing,
22-10 multiplexing, modulating, amplifying, or receiving signals on the
22-11 network, and services related to telecommunications that are not
22-12 covered under Paragraph (D); and
22-13 (D) for the Department of Information Resources
22-14 [General Services Commission], as telecommunications provider for
22-15 the state, the term includes any service provided by a
22-16 telecommunications provider, as that term is defined by Section
22-17 51.002, Utilities Code.
22-18 SECTION 3.14. Section 2157.121, Government Code, is amended
22-19 by amending Subsection (b) and adding Subsection (c) to read as
22-20 follows:
22-21 (b) A state agency, other than the Department of Information
22-22 Resources, shall send its proposal specifications and criteria to
22-23 the commission for approval or request the commission to develop
22-24 the proposal specifications and criteria.
22-25 (c) The Department of Information Resources may acquire a
22-26 telecommunications device, system, or service or an automated
23-1 information system by using competitive sealed proposals without
23-2 regard to whether the commission makes the determination required
23-3 under Subsection (a) for other state agencies.
23-4 SECTION 3.15. Subsection (a), Section 2170.001, Government
23-5 Code, is amended by adding Subdivision (3) to read as follows:
23-6 (3) "Department" means the Department of Information
23-7 Resources.
23-8 SECTION 3.16. Section 2170.002, Government Code, is amended
23-9 to read as follows:
23-10 Sec. 2170.002. DEPARTMENT [COMMISSION] RESPONSIBLE FOR
23-11 OBTAINING TELECOMMUNICATIONS SERVICES. The department [commission]
23-12 is the state agency responsible for obtaining telecommunications
23-13 services.
23-14 SECTION 3.17. Section 2170.003, Government Code, is amended
23-15 to read as follows:
23-16 Sec. 2170.003. OWNERSHIP OR LEASE OF NECESSARY EQUIPMENT.
23-17 The department [commission] may own, lease, or lease-purchase in
23-18 accordance with Chapters 2155, 2156, 2157, and 2158 any or all of
23-19 the facilities or equipment necessary to provide telecommunications
23-20 services.
23-21 SECTION 3.18. Section 2170.004, Government Code, is amended
23-22 to read as follows:
23-23 Sec. 2170.004. CONTRACTS WITH ENTITIES OTHER THAN STATE
23-24 AGENCIES. The department [commission] may contract for use of the
23-25 consolidated telecommunications system with:
23-26 (1) each house of the legislature;
24-1 (2) a legislative agency;
24-2 (3) an agency that is not a state agency as defined by
24-3 Section 2151.002; and
24-4 (4) a political subdivision, including a county,
24-5 municipality, or district.
24-6 SECTION 3.19. Subsections (a) and (c), Section 2170.005,
24-7 Government Code, are amended to read as follows:
24-8 (a) To ensure efficient operation of the consolidated
24-9 telecommunications system at minimum cost to the state, the
24-10 department [commission] shall adopt and disseminate to all agencies
24-11 appropriate guidelines, operating procedures, and telephone
24-12 directories.
24-13 (c) Telephone directories published by the department
24-14 [commission] under this section and Section 2170.059 must be
24-15 revised regularly and must list state telephone numbers
24-16 alphabetically by the subject matter of agency programs as well as
24-17 alphabetically by agency. The subject matter listing of programs
24-18 and telephone numbers in the telephone directories must be
24-19 consistent with the categorization developed by the Records
24-20 Management Interagency Coordinating Council under Section 441.203
24-21 [441.053]. The department [commission] may authorize, under
24-22 procedures and rules considered appropriate by the department
24-23 [commission], a yellow pages advertising section in the directories
24-24 to recover development, publication, and distribution costs of the
24-25 directories.
24-26 SECTION 3.20. Section 2170.006, Government Code, is amended
25-1 to read as follows:
25-2 Sec. 2170.006. COST-EFFECTIVENESS OF SYSTEM. (a) The
25-3 department [commission], with the advice of the state auditor,
25-4 shall maintain records relating to the consolidated
25-5 telecommunications system necessary to enable the department
25-6 [commission] to analyze the cost-effectiveness of the system to
25-7 state agencies.
25-8 (b) The department [commission] shall advise the legislature
25-9 at each session about the system's cost-effectiveness.
25-10 SECTION 3.21. Section 2170.008, Government Code, is amended
25-11 to read as follows:
25-12 Sec. 2170.008. RATE INTERVENTION. (a) If the department
25-13 [commission] determines there is sufficient economic impact on
25-14 state government, the department [commission] may intervene on
25-15 behalf of state agencies in telecommunications rate cases and may
25-16 hire special counsel and expert witnesses to prepare and present
25-17 testimony.
25-18 (b) The attorney general shall represent the department
25-19 [commission] before the courts in all appeals from rate cases in
25-20 which the department [commission] intervenes.
25-21 SECTION 3.22. Subsections (a) and (c), Section 2170.009,
25-22 Government Code, are amended to read as follows:
25-23 (a) A pay telephone may be located in the capitol complex
25-24 only with the approval of the department [commission]. The
25-25 department [commission] shall collect the revenue from the
25-26 installation and operation of the pay telephone and deposit it to
26-1 the credit of the general revenue fund.
26-2 (c) The department [commission] or other state entity shall
26-3 account for the revenue collected under this section in the
26-4 entity's annual report.
26-5 SECTION 3.23. Section 2170.051, Government Code, is amended
26-6 to read as follows:
26-7 Sec. 2170.051. MANAGEMENT AND USE OF SYSTEM. (a) The
26-8 department [commission] shall manage the operation of a system of
26-9 telecommunications services for all state agencies. Each agency
26-10 shall identify its particular requirements for telecommunications
26-11 services and the site at which the services are to be provided.
26-12 (b) The department [commission] shall fulfill the
26-13 telecommunications requirements of each state agency to the extent
26-14 possible and to the extent that money is appropriated or available
26-15 for that purpose.
26-16 (c) A state agency shall use the consolidated
26-17 telecommunications system to the fullest extent possible. A state
26-18 agency may not acquire telecommunications services unless the
26-19 telecommunications planning and oversight council [group]
26-20 determines that the agency's requirement for telecommunications
26-21 services cannot be met at a comparable cost by the consolidated
26-22 telecommunications system.
26-23 (d) A state agency may not enter into or renew a contract
26-24 with a carrier or other provider of telecommunications services
26-25 without obtaining a waiver from the telecommunications planning and
26-26 oversight council [group] certifying that the requested
27-1 telecommunications services cannot be provided at a comparable cost
27-2 on the consolidated telecommunications system. The
27-3 telecommunications planning and oversight council [group] shall
27-4 evaluate requests for waivers based on cost-effectiveness to the
27-5 state government as a whole. A waiver may be granted only for a
27-6 specific period and will automatically expire on the stated
27-7 expiration date unless an extension is approved by the
27-8 telecommunications planning and oversight council [group]. A
27-9 contract for telecommunications services obtained under waiver may
27-10 not extend beyond the expiration date of the waiver. If the
27-11 telecommunications planning and oversight council [group] becomes
27-12 aware of any state agency receiving telecommunications services
27-13 without a waiver, the telecommunications planning and oversight
27-14 council [group] shall notify the agency and the comptroller. The
27-15 state agency shall have 60 days after notification by the
27-16 telecommunications planning and oversight council [group] in which
27-17 to submit a waiver request to the telecommunications planning and
27-18 oversight council [group] documenting the agency's reasons
27-19 [reasoning] for bypassing the consolidated telecommunications
27-20 system and otherwise providing all information required by the
27-21 waiver application form.
27-22 SECTION 3.24. Section 2170.052, Government Code, is amended
27-23 to read as follows:
27-24 Sec. 2170.052. BALANCING TECHNOLOGICAL ADVANCEMENTS AND
27-25 EXISTING FACILITIES. In the planning, design, implementation, and
27-26 operation of the consolidated telecommunications system, the
28-1 department [commission] shall maintain an appropriate balance
28-2 between the adoption of technological advancements and the
28-3 efficient use of existing facilities and services to avoid
28-4 misapplication of state money and degradation or loss of the
28-5 integrity of existing systems and facilities.
28-6 SECTION 3.25. Section 2170.056, Government Code, is amended
28-7 to read as follows:
28-8 Sec. 2170.056. COSTS TO STATE OF PARALLEL TOLLS. All
28-9 contracts with telecommunications carriers shall provide that the
28-10 department [commission] or any participating agency may obtain any
28-11 information relating to the costs to the state of parallel tolls.
28-12 SECTION 3.26. Subsections (a), (c), and (d), Section
28-13 2170.057, Government Code, are amended to read as follows:
28-14 (a) The department [commission] shall develop a system of
28-15 billings and charges for services provided in operating and
28-16 administering the consolidated telecommunications system that
28-17 allocates the total state cost to each entity served by the system
28-18 based on proportionate usage.
28-19 (c) To provide an adequate cash flow as necessary for
28-20 purposes of this chapter, using state agencies and other entities,
28-21 on proper notification, shall make monthly payments into the
28-22 telecommunications revolving fund account from appropriated or
28-23 other available money. The legislature may appropriate money for
28-24 operating the system directly to the department [commission], in
28-25 which case the revolving fund account shall be used to receive
28-26 money due from local governmental entities and other agencies to
29-1 the extent that their money is not subject to legislative
29-2 appropriation.
29-3 (d) The department [commission] shall maintain in the
29-4 revolving fund account sufficient amounts to pay the bills of the
29-5 consolidated telecommunications system and the centralized capitol
29-6 complex telephone system. The department [commission] shall
29-7 certify amounts that exceed this amount to the comptroller, and the
29-8 comptroller shall transfer the excess amounts to the credit of the
29-9 statewide network applications account established by Section
29-10 2054.011 [22A, Information Resources Management Act (Article
29-11 4413(32j), Revised Statutes)].
29-12 SECTION 3.27. Subsections (b) and (c), Section 2170.058,
29-13 Government Code, are amended to read as follows:
29-14 (b) The department [commission] shall adopt rules that
29-15 govern student access to the system, including:
29-16 (1) times of access to the system; and
29-17 (2) the full recovery of actual costs from each
29-18 student who uses the system.
29-19 (c) In consideration of the duties and responsibilities
29-20 given the department [commission] under this chapter [subtitle], it
29-21 is the policy of this state that a state agency or unit of state
29-22 government may not provide telecommunications products or services
29-23 to the general public in competition with private enterprise unless
29-24 there is a finding that providing the products or services is in
29-25 the public interest. This subsection does not prohibit students
29-26 who reside in housing for which institutions of higher education
30-1 provide telephone service from using service provided under this
30-2 section.
30-3 SECTION 3.28. Section 2170.059, Government Code, is amended
30-4 to read as follows:
30-5 Sec. 2170.059. CENTRALIZED CAPITOL COMPLEX TELEPHONE SYSTEM.
30-6 (a) The department [commission] shall provide centralized
30-7 telephone service for state agencies, each house of the
30-8 legislature, and legislative agencies in the capitol complex.
30-9 State agencies in the capitol complex shall use the service. Each
30-10 house of the legislature and each legislative agency shall use the
30-11 service at the discretion of the legislature. The department
30-12 [commission] may provide the service to other state agencies that
30-13 subscribe to it.
30-14 (b) Each using entity shall make monthly payments to the
30-15 department [commission] when billed by the department [commission].
30-16 (c) Each using entity may arrange for its own terminal
30-17 telephone equipment, but the equipment must be compatible with the
30-18 centralized telephone service. The department [commission] shall
30-19 make terminal equipment available for using entities that choose to
30-20 use that terminal equipment.
30-21 (d) The department [commission] annually shall prepare and
30-22 issue a revised centralized telephone service directory not later
30-23 than March 31.
30-24 SECTION 3.29. Subchapter B, Chapter 2170, Government Code,
30-25 is amended by adding Section 2170.060 to read as follows:
30-26 Sec. 2170.060. QUARTERLY REPORT. The department shall
31-1 quarterly submit a report to the telecommunications planning and
31-2 oversight council on:
31-3 (1) the department's accomplishment of service
31-4 objectives and other performance measures;
31-5 (2) the financial performance of the consolidated
31-6 telecommunications system and the centralized capitol complex
31-7 telephone system; and
31-8 (3) the status of projects for the consolidated
31-9 telecommunications system and the centralized capitol complex
31-10 telephone system.
31-11 SECTION 3.30. Subsection (e), Section 2054.091, Government
31-12 Code, is repealed.
31-13 SECTION 3.31. Section 2170.007, Government Code, is
31-14 repealed.
31-15 SECTION 3.32. On September 1, 2001:
31-16 (1) the Department of Information Resources replaces
31-17 the General Services Commission as the telecommunications services
31-18 provider for state government;
31-19 (2) all functions and activities performed by the
31-20 General Services Commission that relate to providing
31-21 telecommunications services for state government under Chapter
31-22 2170, Government Code, or other law immediately before that date
31-23 are transferred to the Department of Information Resources;
31-24 (3) all employees of the General Services Commission
31-25 who primarily perform duties related to providing
31-26 telecommunications services for state government, including
32-1 employees who provide administrative support for those services,
32-2 under Chapter 2170, Government Code, or other law become employees
32-3 of the Department of Information Resources, but continue to work in
32-4 the same physical location unless moved in accordance with the plan
32-5 created under Section 3.33 of this Act;
32-6 (4) a rule or form adopted by the General Services
32-7 Commission that relates to providing telecommunications services
32-8 for state government under Chapter 2170, Government Code, or other
32-9 law is a rule or form of the Department of Information Resources
32-10 and remains in effect until changed by the department;
32-11 (5) a reference in law to the General Services
32-12 Commission that relates to providing telecommunications services
32-13 for state government under Chapter 2170, Government Code, or other
32-14 law means the Department of Information Resources;
32-15 (6) a waiver in effect that was issued by the General
32-16 Services Commission relating to telecommunications under Chapter
32-17 2170, Government Code, or other law is continued in effect as a
32-18 waiver of the Department of Information Resources;
32-19 (7) a rate case, contract negotiation, or other
32-20 proceeding involving the General Services Commission that is
32-21 related to providing telecommunications services for state
32-22 government under Chapter 2170, Government Code, or other law is
32-23 transferred without change in status to the Department of
32-24 Information Resources, and the Department of Information Resources
32-25 assumes, without a change in status, the position of the General
32-26 Services Commission in a negotiation or proceeding relating to
33-1 telecommunications to which the General Services Commission is a
33-2 party;
33-3 (8) all money, contracts, leases, rights, and
33-4 obligations of the General Services Commission related to providing
33-5 telecommunications services for state government under Chapter
33-6 2170, Government Code, or other law are transferred to the
33-7 Department of Information Resources;
33-8 (9) all property, including records, in the custody of
33-9 the General Services Commission related to providing
33-10 telecommunications services for state government under Chapter
33-11 2170, Government Code, or other law becomes property of the
33-12 Department of Information Resources, but stays in the same physical
33-13 location unless moved in accordance with the plan created under
33-14 Section 3.33 of this Act; and
33-15 (10) all funds appropriated by the legislature to the
33-16 General Services Commission for purposes related to providing
33-17 telecommunications services for state government, including funds
33-18 for providing administrative support for those services such as
33-19 funds to pay the salary and benefits of employees who provide the
33-20 administrative support, under Chapter 2170, Government Code, or
33-21 other law are transferred to the Department of Information
33-22 Resources.
33-23 SECTION 3.33. The General Services Commission and the
33-24 Department of Information Resources shall establish a transition
33-25 plan for the transfer described in Section 3.32 of this Act. The
33-26 plan must include:
34-1 (1) a timetable for any necessary or advisable
34-2 movement of the physical location of employees and property;
34-3 (2) an inventory of all equipment and other property
34-4 required to be transferred;
34-5 (3) a determination of any continued support and
34-6 cooperation the commission must provide the department to ensure an
34-7 efficient continuation of service and of planning for future needs,
34-8 and the period during which continued support and cooperation will
34-9 be necessary; and
34-10 (4) provisions for the immediate access of the
34-11 department to facilities that house telecommunications equipment
34-12 and any related facilities.
34-13 SECTION 3.34. (a) The telecommunications planning group is
34-14 abolished.
34-15 (b) The governor, the lieutenant governor, the speaker of
34-16 the house of representatives, the comptroller of public accounts,
34-17 the executive director of the General Services Commission, the
34-18 commissioner of higher education, the chancellor of The University
34-19 of Texas System, and the chancellor of The Texas A&M University
34-20 System shall make appointments to the telecommunications planning
34-21 and oversight council in accordance with Section 2054.201,
34-22 Government Code, as amended by this Act, as soon as possible after
34-23 September 1, 2001.
34-24 (c) Any powers, duties, rights, contracts, appropriations,
34-25 property, and records of the telecommunications planning group are
34-26 transferred to the telecommunications planning and oversight
35-1 council as created by this Act.
35-2 (d) A rule, policy, plan, waiver, standard, requirement, or
35-3 guideline of the telecommunications planning group continues in
35-4 effect as a rule, policy, plan, waiver, standard, requirement, or
35-5 guideline of the telecommunications planning and oversight council
35-6 until it is superseded by an act of the telecommunications planning
35-7 and oversight council as created by this Act or until it expires
35-8 according to its terms or by operation of law.
35-9 (e) The validity of a rule, policy, plan, requirement,
35-10 guideline, or procedure adopted, waiver granted, contract or
35-11 acquisition made, obligation incurred, right accrued, or other
35-12 action taken by or in connection with the authority of the
35-13 telecommunications planning group before it is abolished under
35-14 Subsection (a) of this section is not affected by the abolishment.
35-15 SECTION 3.35. The telecommunications planning and oversight
35-16 council shall issue the first annual report required under Section
35-17 2054.206, Government Code, as amended by this Act, not later than
35-18 September 1, 2002.
35-19 ARTICLE 4. CONTRACTING GUIDELINES
35-20 SECTION 4.01. Subchapter C, Chapter 2054, Government Code,
35-21 is amended by adding Section 2054.058 to read as follows:
35-22 Sec. 2054.058. CONTRACTING GUIDELINES. (a) The department
35-23 with the assistance of the state auditor's office, the office of
35-24 the attorney general, and the General Services Commission shall
35-25 develop contracting guidelines for state agencies. The guidelines
35-26 must be developed to accommodate the varying needs of state
36-1 agencies. The department shall include in the guidelines
36-2 information regarding:
36-3 (1) contract monitoring;
36-4 (2) contractor selection;
36-5 (3) subcontractor performance; and
36-6 (4) standard contract provisions for common types of
36-7 contracts.
36-8 (b) The department shall:
36-9 (1) create training materials for state agency
36-10 personnel who are directly or indirectly involved with contracts;
36-11 (2) provide ongoing assistance and support for state
36-12 agency contracting efforts;
36-13 (3) enter into an interagency agreement with the
36-14 office of the attorney general for legal assistance necessary in
36-15 implementing this section; and
36-16 (4) identify the types of contracts that pose a risk
36-17 of loss to the state and require enhanced contract monitoring, and
36-18 rank the types of contracts according to the amount of risk posed.
36-19 (c) Each state agency shall comply with the contracting
36-20 guidelines developed by the department under this section.
36-21 (d) The contracting guidelines developed by the department
36-22 apply only to procurements made with appropriated money.
36-23 SECTION 4.02. (a) An interagency work group is created to
36-24 assist the Department of Information Resources in developing
36-25 contracting guidelines for state agency use under Section 2054.058,
36-26 Government Code, as added by this Act.
37-1 (b) The interagency work group is composed of:
37-2 (1) a representative of:
37-3 (A) the state auditor's office, appointed by the
37-4 state auditor;
37-5 (B) the office of the attorney general,
37-6 appointed by the attorney general;
37-7 (C) the comptroller's office, appointed by the
37-8 comptroller of public accounts; and
37-9 (D) the General Services Commission, appointed
37-10 by the executive director of the commission; and
37-11 (2) additional members appointed by the governing
37-12 board of the Department of Information Resources from:
37-13 (A) institutions of higher education; and
37-14 (B) other state agencies.
37-15 (c) The interagency work group expires on September 1, 2002,
37-16 unless reconvened by the Department of Information Resources, as
37-17 needed.
37-18 ARTICLE 5. COMMERCIALLY AVAILABLE ACTIVITIES
37-19 SECTION 5.01. Chapter 2152, Government Code, is amended by
37-20 adding Subchapter D to read as follows:
37-21 SUBCHAPTER D. COMMERCIALLY AVAILABLE ACTIVITIES
37-22 Sec. 2152.151. REVIEW PROCESS. (a) The commission shall
37-23 develop a systematic review process to identify commercially
37-24 available services being performed by the commission and study the
37-25 services to determine if they may be better provided by other state
37-26 agency providers of the services or private commercial sources.
38-1 (b) In reviewing its services, the commission shall:
38-2 (1) determine whether competitive vendors exist in the
38-3 private sector;
38-4 (2) compare the cost of contracting for the services
38-5 from other state agency providers of the services or private
38-6 commercial sources to the commission's cost of performing the
38-7 services; and
38-8 (3) document cost savings from contracting for the
38-9 services from other state agency providers of the services or
38-10 private commercial sources.
38-11 (c) Each commercially available service performed by the
38-12 commission shall be reviewed at least once every six years.
38-13 (d) The commission shall consult with the State Council on
38-14 Competitive Government as necessary in planning and conducting its
38-15 reviews under this subchapter.
38-16 Sec. 2152.152. COST COMPARISON AND CONTRACT CONSIDERATIONS.
38-17 (a) The commission shall consider all of its direct and indirect
38-18 costs in determining the cost of providing a service.
38-19 (b) In comparing the cost of providing a service, the
38-20 commission must include the:
38-21 (1) cost of supervising the work of a private
38-22 contractor; and
38-23 (2) cost to the state of the commission's performance
38-24 of the service, including:
38-25 (A) the costs of the comptroller's office, the
38-26 office of the attorney general, and other support agencies; and
39-1 (B) other indirect costs related to the
39-2 commission's performance of the service.
39-3 Sec. 2152.153. CONTRACTING WITH ANOTHER STATE AGENCY OR
39-4 PRIVATE SOURCE. (a) If the commission determines that a service
39-5 can be performed with a comparable or better level of quality at a
39-6 savings to the state of at least 10 percent by using other state
39-7 agency providers of the service or a private commercial source, the
39-8 commission may contract with other state agency providers of the
39-9 services or private commercial sources for the service.
39-10 (b) The commission maintains responsibility for providing a
39-11 contracted service and shall set measurable performance standards
39-12 for a contractor.
39-13 Sec. 2152.154. PROHIBITION. The commission may not begin
39-14 providing a service it did not already provide as of September 1,
39-15 2001, unless, after conducting an in-depth analysis on cost in
39-16 accordance with Section 2152.152 and on availability of a service,
39-17 it determines that it can perform the service at a higher level of
39-18 quality or at a lower cost than other state agency providers of the
39-19 service or private commercial sources.
39-20 ARTICLE 6. ELECTRONIC COMMERCE; TRAVEL
39-21 SECTION 6.01. Subsection (a), Section 2155.062, Government
39-22 Code, is amended to read as follows:
39-23 (a) In purchasing goods and services the commission may use,
39-24 but is not limited to, the:
39-25 (1) contract purchase procedure;
39-26 (2) multiple award contract procedure, including under
40-1 any schedules developed under Subchapter I; [or]
40-2 (3) open market purchase procedure; or
40-3 (4) reverse auction procedure.
40-4 SECTION 6.02. Subsections (c), (d), (f), (k), and (l),
40-5 Section 2155.083, Government Code, are amended to read as follows:
40-6 (c) The commission [department] each business day shall
40-7 produce and post a business daily in an electronic format. The
40-8 commission [department] shall post in the business daily
40-9 information as prescribed by this section about each state agency
40-10 procurement that will exceed $25,000 in value. The commission
40-11 [department] shall also post in the business daily other
40-12 information relating to the business activity of the state that the
40-13 commission [department] considers to be of interest to the public.
40-14 (d) The commission [department] shall make the business
40-15 daily available on the Internet [through its information service
40-16 known as the Texas Marketplace or through a suitable successor
40-17 information service that will make the information available on the
40-18 Internet]. Each [The department and each] state agency shall
40-19 cooperate with the commission in making the electronic business
40-20 daily available.
40-21 (f) The commission [department] and other state agencies may
40-22 not charge a fee designed to recover the cost of preparing and
40-23 gathering the information that is published in the business daily.
40-24 These costs are considered part of a procuring agency's
40-25 responsibility to publicly inform potential bidders or offerors of
40-26 its procurement opportunities.
41-1 (k) Each state agency that will award a procurement contract
41-2 estimated to exceed $25,000 in value shall send to the commission
41-3 [department]:
41-4 (1) the information the commission [department]
41-5 requires for posting in the state business daily under this
41-6 section; and
41-7 (2) a notice when the procurement contract has been
41-8 awarded or when the state agency has decided to not make the
41-9 procurement.
41-10 (l) The commission [department] may adopt rules, prescribe
41-11 forms, and require information to administer this section. The
41-12 commission [department] shall send any proposed rules to the
41-13 governor, Legislative Budget Board, comptroller, and state auditor
41-14 [, and commission] for review and comment. The commission's
41-15 [department's] rules shall require that each state agency[, to the
41-16 extent feasible,] shall directly and electronically post its own
41-17 notices or solicitation packages under Subsections (g) and (h).
41-18 SECTION 6.03. Subsections (a) and (b), Section 2156.003,
41-19 Government Code, are amended to read as follows:
41-20 (a) The commission shall electronically maintain a bidders
41-21 list that is integrated into the electronic procurement marketplace
41-22 established by the Department of Information Resources. If the
41-23 commission determines that it is in the state's best interest, the
41-24 commission may also maintain the list on paper. The commission may
41-25 [and] add or delete names from the list according to applicable
41-26 standards provided by Section 2156.007.
42-1 (b) In addition to any requirements of Chapter 2177, an [An]
42-2 invitation to bid on an item to be purchased may be sent
42-3 electronically [only] to a vendor on the bidders list who has
42-4 expressed a desire to bid on that type of item.
42-5 SECTION 6.04. Section 2171.052, Government Code, is amended
42-6 by adding Subsection (e) to read as follows:
42-7 (e) The commission shall maintain at least one contract with
42-8 a provider of travel services that offers reservation and ticketing
42-9 services in person or by telephone.
42-10 SECTION 6.05. Subchapter B, Chapter 2171, Government Code,
42-11 is amended by adding Section 2171.0521 to read as follows:
42-12 Sec. 2171.0521. ONLINE RESERVATION AND TICKETING SYSTEM.
42-13 (a) The Department of Information Resources, in consultation with
42-14 the commission, shall establish an online travel reservation and
42-15 ticketing system for use by state agencies participating in the
42-16 commission's contracts for travel services. The Department of
42-17 Information Resources, in consultation with the commission, shall
42-18 enter into contracts with private or public entities to establish a
42-19 secure system for use by state employees traveling on state
42-20 business. Reservations must be made with a state-issued credit
42-21 card.
42-22 (b) When the online reservation and ticketing system becomes
42-23 fully operational, as determined by the Department of Information
42-24 Resources, the commission shall assume management and
42-25 administrative responsibility for the system. The commission, in
42-26 consultation with the Department of Information Resources, shall
43-1 enter into contracts with private or public entities to maintain
43-2 all or part of the system.
43-3 (c) The preference in Section 2171.052(c) for a resident
43-4 entity of this state does not apply to this section.
43-5 (d) A state agency may use the online reservation and
43-6 ticketing system to make travel reservations for a state employee
43-7 traveling on state business.
43-8 SECTION 6.06. Chapter 2177, Government Code, is amended to
43-9 read as follows:
43-10 CHAPTER 2177. ELECTRONIC COMMERCE
43-11 SUBCHAPTER A. GENERAL PROVISIONS
43-12 Sec. 2177.001. DEFINITIONS. In this chapter:
43-13 (1) "Department" means the Department of Information
43-14 Resources.
43-15 (2) "Electronic procurement system" means the
43-16 electronic system for procuring goods and services consisting of
43-17 the electronic procurement marketplace created under Subchapter B
43-18 and the electronic commerce network created under Subchapter C.
43-19 Sec. 2177.002. SMALL AND HISTORICALLY UNDERUTILIZED
43-20 BUSINESSES. The commission and the department shall ensure that
43-21 small and historically underutilized businesses have maximum access
43-22 to electronic commerce opportunities.
43-23 Sec. 2177.003. CONSULTATION. The commission, at least
43-24 quarterly, shall consult with the following entities to ensure that
43-25 the electronic procurement system meets the needs of users of the
43-26 system:
44-1 (1) the department;
44-2 (2) the comptroller;
44-3 (3) the state auditor;
44-4 (4) groups, including coordinating councils, created
44-5 by the commission to assist with electronic commerce initiatives;
44-6 (5) the vendor advisory committee established under
44-7 Section 2155.081; and
44-8 (6) other state agencies and local governments that
44-9 use the system.
44-10 Sec. 2177.004. INTEGRATION WITH TEXAS ONLINE. (a) The
44-11 department, with the assistance of the commission, shall assess
44-12 whether all or parts of the electronic procurement system should be
44-13 enhanced by or integrated into the project known as Texas Online
44-14 that is a continuation of the demonstration project authorized by
44-15 Section 2054.062 as enacted by the 76th Legislature.
44-16 (b) Based on the assessment, the department and the
44-17 commission may integrate all or parts of the electronic procurement
44-18 system into Texas Online or use features of Texas Online to enhance
44-19 the electronic procurement system.
44-20 SUBCHAPTER B. ELECTRONIC PROCUREMENT MARKETPLACE
44-21 Sec. 2177.051. ELECTRONIC PROCUREMENT MARKETPLACE. (a) The
44-22 department, in consultation with the commission, shall establish
44-23 [and manage] an electronic procurement marketplace. The
44-24 department, in consultation with the commission, may enter into
44-25 contracts with private or public entities to establish [or
44-26 maintain] all or part of the databases comprising the marketplace,
45-1 to the extent feasible, including contracts to procure hardware or
45-2 software. The department, in consultation with the commission,
45-3 shall procure all goods and services related to the marketplace
45-4 through a competitive selection process appropriate for the good or
45-5 service being acquired.
45-6 (b) The department [commission], in consultation with the
45-7 commission [Department of Information Resources], shall define
45-8 standards, including keyword and product code standards, for the
45-9 electronic procurement marketplace. The marketplace may contain:
45-10 (1) information relevant to the state's standard
45-11 procurement specifications for goods and services;
45-12 (2) information about vendors, including [information
45-13 from the centralized master bidders list and] vendor performance
45-14 information;
45-15 (3) information about products, including product
45-16 testing results;
45-17 (4) historical purchasing information, qualified
45-18 purchase lists, and trends; [and]
45-19 (5) information about the availability of surplus
45-20 property; and
45-21 (6) information about recycled, remanufactured, or
45-22 environmentally sensitive commodities or services, including
45-23 commodities or services identified under Section 2155.448.
45-24 (c) The department, in consultation with the commission,
45-25 shall integrate the business daily into the electronic procurement
45-26 marketplace.
46-1 (d) The department, in consultation with the commission, may
46-2 adopt rules relating to the design and use of the electronic
46-3 procurement marketplace that concern the technical requirements of
46-4 the marketplace. The commission, in consultation with the
46-5 department, may adopt rules relating to the use of the marketplace
46-6 for its intended purpose, including rules that require state
46-7 agencies to provide information for or receive information from the
46-8 marketplace.
46-9 (e) When the electronic procurement marketplace becomes
46-10 fully operational, as determined by the department, the commission
46-11 shall assume management and administrative responsibility for the
46-12 marketplace. The commission, in consultation with the department,
46-13 may enter into contracts with private or public entities to
46-14 maintain all or part of the databases comprising the marketplace.
46-15 (f) [(d)] The commission may make state procurement
46-16 information available to political subdivisions through the
46-17 electronic procurement marketplace on a fee-for-service basis. The
46-18 commission shall set the fees in an amount that recovers the
46-19 state's costs in providing the access to a political subdivision.
46-20 (g) [(e)] Before developing a contract for the procurement
46-21 of a good or service, a state agency shall [may] use the electronic
46-22 procurement marketplace as prescribed by this chapter and
46-23 commission rules [to determine the most appropriate method for
46-24 acquiring the good or service].
46-25 (h) [(f)] The marketplace may contain:
46-26 (1) information relevant to the state's standard
47-1 procurement specifications for goods and services;
47-2 (2) information about vendors, including [information
47-3 from the centralized master bidders list and] vendor performance
47-4 information;
47-5 (3) information about products, including product
47-6 testing results; and
47-7 (4) historical purchasing information, qualified
47-8 purchase lists, and trends.
47-9 (i) [(g)] The commission may require information from a
47-10 state agency for inclusion in the electronic procurement
47-11 marketplace.
47-12 SUBCHAPTER C. ELECTRONIC COMMERCE NETWORK
47-13 Sec. 2177.101. EXCEPTIONS. (a) This subchapter does not
47-14 apply to procurements for major construction projects, as defined
47-15 by the commission in consultation with the department, such as
47-16 procurements made under Chapter 223, Transportation Code. In
47-17 defining a major construction project, the commission shall base
47-18 its decision on whether the nature of the project, any related
47-19 contract or specifications, or other considerations are of a type
47-20 that would make electronic procurement inappropriate.
47-21 (b) The exceptions listed under Section 2166.003(a) apply as
47-22 exceptions to this subchapter.
47-23 Sec. 2177.102 [2177.002]. ELECTRONIC COMMERCE NETWORK.
47-24 (a) The department, in consultation with the commission, shall
47-25 establish [and manage] an electronic commerce network, to the
47-26 extent feasible, under which the state's purchasing transactions
48-1 with vendors can be accomplished electronically by means of
48-2 facsimile transmissions and on-line transmission of necessary
48-3 information. The department, in consultation with the commission,
48-4 may adopt rules relating to the design and use of the electronic
48-5 commerce network that concern the technical requirements of the
48-6 network. The commission, in consultation with the department, may
48-7 adopt rules relating to the use of the network for its intended
48-8 purpose. [The commission shall comply with applicable rules of the
48-9 Department of Information Resources to the extent that they are
48-10 based on the standard data protocol developed by the American
48-11 National Standards Institute known as electronic data interchange
48-12 or on other efficient standards as determined by the commission.]
48-13 (b) The department, in consultation with the commission, may
48-14 enter into contracts with one or more public or private entities to
48-15 establish [or support] various elements of the network. The
48-16 department, in consultation with the commission, shall procure all
48-17 goods and services related to the network through the competitive
48-18 selection process appropriate for the good or service being
48-19 acquired.
48-20 (c) The department, in consultation with the commission, may
48-21 provide for a gateway between the electronic procurement
48-22 marketplace and the electronic commerce network so that the
48-23 elements of a procurement transaction that are within state
48-24 government and the elements of a procurement transaction that
48-25 involve communication with a vendor may all be accomplished
48-26 electronically.
49-1 (d) When the electronic commerce network becomes fully
49-2 operational, as determined by the department, the commission shall
49-3 assume management and administrative responsibility for the
49-4 network. The commission, in consultation with the department, may
49-5 enter into contracts with one or more public or private entities to
49-6 maintain or support various elements of the network.
49-7 (e) Each state agency [that is capable of participating in
49-8 the electronic commerce network] must participate in the network
49-9 and participate in contracts entered into by the department or the
49-10 commission for the establishment or support of the network. The
49-11 commission shall charge an agency a fee for network services
49-12 provided to the agency by the commission or by a contractor so that
49-13 the cost of providing network services to an agency is paid by the
49-14 agency.
49-15 (f) [(e)] The commission may allow political subdivisions
49-16 and other public entities that are members of the commission's
49-17 cooperative purchasing program to participate in the electronic
49-18 commerce network. The commission shall require that a
49-19 participating political subdivision or other entity is charged a
49-20 fee for the network services in the same manner that participating
49-21 state agencies are charged fees under Subsection (e) [(d)].
49-22 (g) [(f)] The commission may also charge private businesses
49-23 a fee for accessing the network.
49-24 (h) [(g)] The commission may:
49-25 (1) adopt rules relating to the management or support
49-26 of the network [to administer this section]; and
50-1 (2) require participating state agencies, political
50-2 subdivisions, and other public entities to designate a network
50-3 coordinator.
50-4 (i) [(h)] The requirements of this subchapter [section and
50-5 Section 2177.003] are in addition to the requirements of other law
50-6 relating to the solicitation of bids, proposals, or expressions of
50-7 interest for a procurement by the commission or another state
50-8 agency. This subchapter does [section and Section 2177.003 do] not
50-9 affect any other law that requires the commission or another state
50-10 agency to award a procurement contract through competitive bidding,
50-11 competitive sealed proposals, or another method.
50-12 Sec. 2177.103 [2177.003]. PARTICIPATION BY STATE AGENCIES IN
50-13 ELECTRONIC COMMERCE NETWORK. (a) Each state agency shall send to
50-14 the commission for posting on the electronic commerce network
50-15 information on each procurement contract the commission, in
50-16 consultation with the department, determines is appropriate for
50-17 electronic procurement [the value of which will exceed the amount
50-18 of the agency's delegated purchasing authority under Section
50-19 2155.132]:
50-20 (1) without regard to the source of funds the agency
50-21 will use for the procurement; and
50-22 (2) including a procurement that is:
50-23 (A) a procurement by a state agency that is
50-24 otherwise exempt from the commission's purchasing authority;
50-25 (B) made under delegated purchasing authority
50-26 under Section 2155.131; or
51-1 (C) [related to a construction project; or]
51-2 [(D)] a procurement of professional or
51-3 consulting services.
51-4 (b) The commission and each state agency shall include in
51-5 the information placed on the electronic commerce network[, to the
51-6 extent it is feasible,] the following information for each
51-7 procurement that the commission will make or that another state
51-8 agency will make under Subsection (a):
51-9 (1) a description of the goods or services to be
51-10 procured;
51-11 (2) the estimated quantity of the goods or services to
51-12 be procured;
51-13 (3) if applicable, the previous price paid by the
51-14 commission or another state agency for the same or similar goods or
51-15 services;
51-16 (4) the estimated date on which the goods or services
51-17 to be procured will be needed; and
51-18 (5) the name, business mailing address, and business
51-19 telephone number of the commission employee or other state agency
51-20 employee a person can contact to obtain all necessary information
51-21 relating to making a bid or proposal or other applicable expression
51-22 of interest for the procurement contract.
51-23 (c) The commission shall also post on the electronic
51-24 commerce network other information relating to the business
51-25 activity of the state that the commission considers to be of
51-26 interest to the public. Each state agency shall provide the
52-1 commission with information the commission requires for purposes of
52-2 this subsection in a format prescribed by the commission.
52-3 (d) Each state agency that will award a contract that has
52-4 been placed on the electronic commerce network under Subsection (a)
52-5 shall place notification of the awarding of the contract on the
52-6 electronic commerce network.
52-7 SECTION 6.07. Subsection (b), Section 2155.083, Government
52-8 Code, is repealed.
52-9 SECTION 6.08. On September 1, 2001:
52-10 (1) all functions and activities performed by the
52-11 General Services Commission relating to the establishment of the
52-12 electronic procurement marketplace or the electronic commerce
52-13 network under Chapter 2177, Government Code, immediately before
52-14 that date are transferred to the Department of Information
52-15 Resources;
52-16 (2) a rule or form adopted by the General Services
52-17 Commission that relates to the establishment of the electronic
52-18 procurement marketplace or the electronic commerce network under
52-19 Chapter 2177, Government Code, is a rule or form of the Department
52-20 of Information Resources and remains in effect until changed by the
52-21 department;
52-22 (3) a reference in law to the General Services
52-23 Commission that relates to the establishment of the electronic
52-24 procurement marketplace or the electronic commerce network under
52-25 Chapter 2177, Government Code, means the Department of Information
52-26 Resources;
53-1 (4) a contract negotiation or other proceeding
53-2 involving the General Services Commission that is related to the
53-3 establishment of the electronic procurement marketplace or the
53-4 electronic commerce network under Chapter 2177, Government Code, is
53-5 transferred without change in status to the Department of
53-6 Information Resources, and the Department of Information Resources
53-7 assumes, without a change in status, the position of the General
53-8 Services Commission in the negotiation or proceeding to which the
53-9 General Services Commission is a party;
53-10 (5) all money, contracts, leases, rights, and
53-11 obligations of the General Services Commission related to the
53-12 establishment of the electronic procurement marketplace or the
53-13 electronic commerce network under Chapter 2177, Government Code,
53-14 are transferred to the Department of Information Resources;
53-15 (6) all property, including records, in the custody of
53-16 the General Services Commission related to the establishment of the
53-17 electronic procurement marketplace or the electronic commerce
53-18 network under Chapter 2177, Government Code, is transferred to the
53-19 Department of Information Resources; and
53-20 (7) all funds appropriated by the legislature to the
53-21 General Services Commission related to the establishment of the
53-22 electronic procurement marketplace or the electronic commerce
53-23 network under Chapter 2177, Government Code, are transferred to the
53-24 Department of Information Resources.
53-25 SECTION 6.09. The General Services Commission and the
53-26 Department of Information Resources shall work together to
54-1 administer the transfer prescribed by this article and to ensure
54-2 that the personnel of the General Services Commission who primarily
54-3 perform duties related to the establishment of the electronic
54-4 procurement marketplace or the electronic commerce network under
54-5 Chapter 2177, Government Code, are loaned to the Department of
54-6 Information Resources until the electronic procurement marketplace
54-7 and the electronic commerce network under Chapter 2177, Government
54-8 Code, become fully operational as determined by the Department of
54-9 Information Resources.
54-10 SECTION 6.10. Once the electronic procurement marketplace
54-11 and the electronic commerce network under Chapter 2177, Government
54-12 Code, as amended by this Act, become fully operational as
54-13 determined by the Department of Information Resources, all funds,
54-14 obligations, contracts, property, and records of the Department of
54-15 Information Resources related to the marketplace and network become
54-16 the funds, obligations, contracts, property, and records of the
54-17 General Services Commission.
54-18 SECTION 6.11. Once the online reservation and ticketing
54-19 system under Chapter 2171, Government Code, as amended by this Act,
54-20 becomes fully operational as determined by the Department of
54-21 Information Resources, all funds, obligations, contracts, property,
54-22 and records of the Department of Information Resources related to
54-23 the system become the funds, obligations, contracts, property, and
54-24 records of the General Services Commission.
54-25 SECTION 6.12. On September 1, 2001:
54-26 (1) all functions and activities performed by the
55-1 Texas Department of Economic Development relating to the business
55-2 daily under Chapter 2155, Government Code, or other law immediately
55-3 before that date are transferred to the General Services
55-4 Commission;
55-5 (2) a rule or form adopted by the Texas Department of
55-6 Economic Development that relates to the business daily under
55-7 Chapter 2155, Government Code, or other law is a rule or form of
55-8 the General Services Commission and remains in effect until altered
55-9 by the commission;
55-10 (3) a reference in law to the Texas Department of
55-11 Economic Development that relates to the business daily under
55-12 Chapter 2155, Government Code, or other law means the General
55-13 Services Commission;
55-14 (4) all rights and obligations of the Texas Department
55-15 of Economic Development related to the business daily under Chapter
55-16 2155, Government Code, or other law are transferred to the General
55-17 Services Commission; and
55-18 (5) all property, including records, in the custody of
55-19 the Texas Department of Economic Development related to the
55-20 business daily under Chapter 2155, Government Code, or other law is
55-21 transferred to the General Services Commission.
55-22 SECTION 6.13. The Department of Information Resources shall
55-23 have the online reservation and ticketing system created under
55-24 Section 2171.0521, Government Code, as added by this Act, fully
55-25 operational by September 1, 2002.
56-1 ARTICLE 7. MULTIPLE AWARD CONTRACTS FOR STATE AND LOCAL
56-2 GOVERNMENT PURCHASES
56-3 SECTION 7.01. Chapter 2155, Government Code, is amended by
56-4 adding Subchapter I to read as follows:
56-5 SUBCHAPTER I. MULTIPLE AWARD CONTRACT SCHEDULE
56-6 Sec. 2155.501. DEFINITIONS. In this subchapter:
56-7 (1) "Department" means the Department of Information
56-8 Resources.
56-9 (2) "Local government" has the meaning assigned by
56-10 Section 271.101, Local Government Code.
56-11 (3) "Multiple award contract" means an award of a
56-12 contract for an indefinite amount of one or more similar goods or
56-13 services from a vendor.
56-14 (4) "Schedule" means a list of multiple award
56-15 contracts from which agencies may purchase goods and services.
56-16 Sec. 2155.502. DEVELOPMENT OF MULTIPLE AWARD CONTRACT
56-17 SCHEDULE. (a) The commission shall develop a schedule of multiple
56-18 award contracts that have been previously awarded using a
56-19 competitive process by:
56-20 (1) the federal government, including the federal
56-21 General Services Administration; or
56-22 (2) any other governmental entity in any state.
56-23 (b) In developing the schedule under Subsection (a), the
56-24 commission shall modify any contractual terms, with the agreement
56-25 of the parties to the contract, as necessary to comply with any
56-26 federal or state requirements, including rules adopted under this
57-1 subchapter.
57-2 (c) The commission may not list a multiple award contract on
57-3 a schedule developed under this section if the goods or services
57-4 provided by that contract are available from only one vendor.
57-5 Sec. 2155.503. RULES. (a) The commission and the
57-6 department shall adopt rules to implement this subchapter. The
57-7 rules must:
57-8 (1) establish standard terms for contracts listed on a
57-9 schedule; and
57-10 (2) maintain consistency with existing purchasing
57-11 standards.
57-12 (b) The commission and the department shall consult with the
57-13 attorney general and the comptroller in developing rules under this
57-14 section.
57-15 Sec. 2155.504. USE OF SCHEDULE BY GOVERNMENTAL ENTITIES.
57-16 (a) A state agency or local government may purchase goods or
57-17 services directly from a vendor under a contract listed on a
57-18 schedule developed under this subchapter. A purchase authorized by
57-19 this section satisfies any requirement of state law relating to
57-20 competitive bids or proposals and satisfies any applicable
57-21 requirements of Chapter 2157.
57-22 (b) The price listed for a good or service under a multiple
57-23 award contract is a maximum price. An agency or local government
57-24 may negotiate a lower price for goods or services under a contract
57-25 listed on a schedule developed under this subchapter.
57-26 Sec. 2155.505. HISTORICALLY UNDERUTILIZED AND SMALL
58-1 BUSINESSES. (a) In this section:
58-2 (1) "Historically underutilized business" has the
58-3 meaning assigned by Section 2161.001.
58-4 (2) "Small business" means a small business concern as
58-5 defined by regulations of the United States Small Business
58-6 Administration in 13 C.F.R. Section 121.201.
58-7 (b) The commission shall strongly encourage each vendor with
58-8 a contract listed on a schedule developed under this subchapter and
58-9 who is not a historically underutilized business or small business
58-10 to use historically underutilized or small businesses to sell or
58-11 provide a service under the contract. If a vendor does not make a
58-12 good faith effort to use historically underutilized and small
58-13 businesses under the contract, the commission may exclude the
58-14 vendor from being listed on a schedule developed under this
58-15 subchapter.
58-16 (c) A historically underutilized business or small business
58-17 may sell or provide a service under another vendor's contract
58-18 listed on a schedule developed under this subchapter if:
58-19 (1) the contract is on a schedule developed under
58-20 Section 2155.502;
58-21 (2) the vendor for the contract authorizes in writing
58-22 the historically underutilized business or small business to sell
58-23 or provide a service under that contract; and
58-24 (3) the historically underutilized business or small
58-25 business provides that written authorization to the commission.
58-26 Sec. 2155.506. REPORTING REQUIREMENTS. (a) A vendor listed
59-1 on a contract for a schedule developed under this subchapter shall
59-2 report its sales to the commission in the manner prescribed by the
59-3 commission.
59-4 (b) The commission shall compile the information reported
59-5 under Subsection (a) and include the information in its report
59-6 under Section 2101.011.
59-7 Sec. 2155.507. EXEMPTION FROM CATALOGUE PURCHASE METHOD FOR
59-8 INFORMATION SYSTEM VENDORS. Section 2157.062 does not apply to a
59-9 vendor who applies to be listed on a schedule developed under this
59-10 subchapter.
59-11 Sec. 2155.508. INTERNET AVAILABILITY. (a) The commission
59-12 shall develop a database of the multiple award contracts developed
59-13 under this subchapter and make that information available on an
59-14 Internet site. The database must have search capabilities that
59-15 allow a person to easily access the contracts.
59-16 (b) The commission shall allow vendors to apply through the
59-17 Internet site to be listed on a schedule developed under this
59-18 subchapter. The applicant shall provide an electronic mail address
59-19 to the commission as part of the application process.
59-20 (c) The department shall post appropriate information
59-21 regarding contracts developed under this subchapter to any
59-22 electronic procurement system developed under Chapter 2177. On
59-23 request by the department, the commission and any vendor with a
59-24 contract on a schedule developed under this subchapter shall
59-25 provide to the department any information necessary for posting on
59-26 the system.
60-1 Sec. 2155.509. NOTICE REGARDING PROCUREMENTS EXCEEDING
60-2 $25,000. After a purchase order has been placed, a state agency
60-3 subject to Section 2155.083 shall post, as required under that
60-4 section, a procurement made under a contract listed on a schedule
60-5 developed under this subchapter.
60-6 SECTION 7.02. Subsection (a), Section 2155.079, Government
60-7 Code, is amended to read as follows:
60-8 (a) The commission shall adopt rules specifying the
60-9 circumstances under which it is advantageous for the state to allow
60-10 a state agency to purchase goods or services under a contract made
60-11 by another state agency other than the commission, including as
60-12 provided under Subchapter I.
60-13 SECTION 7.03. (a) Not later than March 1, 2002, the General
60-14 Services Commission shall develop initial schedules of multiple
60-15 award contracts under Section 2155.502, Government Code, as added
60-16 by this article.
60-17 (b) Not later than January 1, 2002, the General Services
60-18 Commission shall adopt the rules required by Subchapter I, Chapter
60-19 2155, Government Code, as added by this article.
60-20 ARTICLE 8. STATE CEMETERY
60-21 SECTION 8.01. Subsection (a), Section 2165.256, Government
60-22 Code, is amended to read as follows:
60-23 (a) The State Cemetery Committee shall oversee all
60-24 operations of the State Cemetery. The committee shall develop a
60-25 budget for the operations of the commission relating to the State
60-26 Cemetery and determine the salary of employees of the commission
61-1 whose duties primarily relate to the operation of the State
61-2 Cemetery.
61-3 SECTION 8.02. Section 2165.2561, Government Code, is amended
61-4 by amending Subsection (k) and adding Subsections (n) through (u)
61-5 to read as follows:
61-6 (k) The legislature shall separately appropriate money to
61-7 the committee within the appropriations to the General Services
61-8 Commission for all matters relating to the operation of the State
61-9 Cemetery. [At the direction of the committee, the General Services
61-10 Commission shall spend money appropriated to or budgeted by the
61-11 General Services Commission for State Cemetery purposes.]
61-12 Activities relating to maintenance of the State Cemetery grounds
61-13 and monuments shall conform to guidelines for historic preservation
61-14 submitted to the committee by the Texas Historical Commission.
61-15 (n) It is a ground for removal from the committee that a
61-16 member:
61-17 (1) does not have at the time of taking office the
61-18 qualifications required by Subsection (a);
61-19 (2) does not maintain during service on the committee
61-20 the qualifications required by Subsection (a);
61-21 (3) is ineligible for membership under Subsection (g)
61-22 or (h);
61-23 (4) cannot, because of illness or disability,
61-24 discharge the member's duties for a substantial part of the
61-25 member's term; or
61-26 (5) is absent from more than half of the regularly
62-1 scheduled committee meetings that the member is eligible to attend
62-2 during a calendar year without an excuse approved by a majority
62-3 vote of the committee.
62-4 (o) The validity of an action of the committee is not
62-5 affected by the fact that it is taken when a ground for removal of
62-6 a committee member exists.
62-7 (p) If the executive director of the commission has
62-8 knowledge that a potential ground for removal exists, the executive
62-9 director shall notify the presiding officer of the committee of the
62-10 potential ground. The presiding officer shall then notify the
62-11 governor and the attorney general that a potential ground for
62-12 removal exists. If the potential ground for removal involves the
62-13 presiding officer, the executive director shall notify the next
62-14 highest ranking officer of the committee, who shall then notify the
62-15 governor and the attorney general that a potential ground for
62-16 removal exists.
62-17 (q) The executive director of the commission or the
62-18 executive director's designee shall provide to members of the
62-19 committee, as often as necessary, information regarding the
62-20 requirements for office under this chapter, including information
62-21 regarding a person's responsibilities under applicable laws
62-22 relating to standards of conduct for state officers.
62-23 (r) A person who is appointed to and qualifies for office as
62-24 a member of the committee may not vote, deliberate, or be counted
62-25 as a member in attendance at a meeting of the committee until the
62-26 person completes a training program that complies with this
63-1 subsection. The training program must provide the person with
63-2 information regarding:
63-3 (1) the legislation that created the State Cemetery
63-4 and the State Cemetery Committee;
63-5 (2) the programs operated by the committee;
63-6 (3) the role and functions of the committee;
63-7 (4) the rules of the committee, with an emphasis on
63-8 any rules that relate to disciplinary and investigatory authority;
63-9 (5) the current budget for the committee;
63-10 (6) the results of the most recent formal audit of
63-11 cemetery operations;
63-12 (7) the requirements of:
63-13 (A) the open meetings law, Chapter 551;
63-14 (B) the public information law, Chapter 552;
63-15 (C) the administrative procedure law, Chapter
63-16 2001; and
63-17 (D) other laws relating to public officials,
63-18 including conflict-of-interest laws; and
63-19 (8) any applicable ethics policies adopted by the
63-20 commission, the committee, or the Texas Ethics Commission.
63-21 (s) A person appointed to the committee is entitled to
63-22 reimbursement, as provided by Chapter 660 and the General
63-23 Appropriations Act, for the travel expenses incurred in attending
63-24 the training program regardless of whether the attendance at the
63-25 program occurs before or after the person qualifies for office.
63-26 (t) The committee shall develop and implement policies that
64-1 clearly separate the policymaking responsibilities of the committee
64-2 and the management responsibilities of the executive director of
64-3 the commission and staff of the cemetery.
64-4 (u) The committee shall develop and implement policies that
64-5 provide the public with a reasonable opportunity to appear before
64-6 the committee and to speak on any issue under the jurisdiction of
64-7 the committee.
64-8 SECTION 8.03. (a) The changes in law made by this Act in
64-9 the prohibitions and qualifications applying to members of the
64-10 State Cemetery Committee do not affect the entitlement of a member
64-11 serving on the committee immediately before September 1, 2001, to
64-12 continue to serve and function as a member of the committee for the
64-13 remainder of the member's term. The changes in law apply only to a
64-14 member appointed on or after September 1, 2001. This Act does not
64-15 prohibit a person who is a member of the State Cemetery Committee
64-16 immediately before September 1, 2001, from being reappointed as a
64-17 committee member if the person has the qualifications required for
64-18 the position under Chapter 2165, Government Code, as amended by
64-19 this Act.
64-20 (b) Subsection (r), Section 2165.2561, Government Code, as
64-21 added by this Act, does not apply to a member of the State Cemetery
64-22 Committee until March 1, 2002.
64-23 SECTION 8.04. The changes in law made by this Act to the
64-24 State Cemetery's appropriations process apply in relation to the
64-25 fiscal biennium beginning on September 1, 2003.
65-1 ARTICLE 9. CONTRACTING METHODS FOR CONSTRUCTION
65-2 OF STATE FACILITIES
65-3 SECTION 9.01. Subchapter F, Chapter 2166, Government Code,
65-4 is amended by adding Section 2166.2511 to read as follows:
65-5 Sec. 2166.2511. DEFINITIONS. In this subchapter:
65-6 (1) "Architect" means an individual registered as an
65-7 architect under Chapter 478, Acts of the 45th Legislature, Regular
65-8 Session, 1937 (Article 249a, Vernon's Texas Civil Statutes).
65-9 (2) "Contractor" in the context of a contract for a
65-10 project means a sole proprietorship, partnership, corporation, or
65-11 other legal entity that assumes the risk for constructing,
65-12 rehabilitating, altering, or repairing all or part of the project
65-13 at the contracted price.
65-14 (3) "Engineer" means an individual registered as a
65-15 professional engineer under The Texas Engineering Practice Act
65-16 (Article 3271a, Vernon's Texas Civil Statutes).
65-17 (4) "Facility" means buildings or structures the
65-18 design and construction of which is governed by accepted building
65-19 codes. The term does not include:
65-20 (A) highways, roads, streets, bridges,
65-21 utilities, water supply projects, water plants, wastewater plants,
65-22 water and wastewater distribution or conveyance facilities,
65-23 wharves, docks, airport runways and taxiways, drainage projects, or
65-24 related types of projects associated with civil engineering
65-25 construction; or
65-26 (B) buildings or structures that are incidental
66-1 to projects that are primarily civil engineering construction
66-2 projects.
66-3 (5) "Fee" in the context of a contract for a project
66-4 means the payment a construction manager receives for its overhead
66-5 and profit in performing its services.
66-6 (6) "General conditions" in the context of a contract
66-7 for a project means on-site management, administrative personnel,
66-8 insurance, bonds, equipment, utilities, and incidental work,
66-9 including minor field labor and materials.
66-10 SECTION 9.02. Subchapter F, Chapter 2166, Government Code,
66-11 is amended by adding Section 2166.2525 to read as follows:
66-12 Sec. 2166.2525. DETERMINATION OF CONTRACTING METHOD. The
66-13 commission shall adopt rules that determine the circumstances for
66-14 use of each method of contracting allowed under this subchapter for
66-15 design and construction services. In developing the rules, the
66-16 commission shall solicit advice and comment from design and
66-17 construction professionals regarding the criteria the commission
66-18 will use in determining which contracting method is best suited for
66-19 a project.
66-20 SECTION 9.03. Subchapter F, Chapter 2166, Government Code,
66-21 is amended by adding Section 2166.2526 to read as follows:
66-22 Sec. 2166.2526. EVALUATION OF BIDS AND PROPOSALS FOR
66-23 CONSTRUCTION SERVICES. (a) For each project, the commission must,
66-24 before advertising, establish which method of contracting provides
66-25 the best value for the commission or using agency.
66-26 (b) Under each method of contracting, the commission shall
67-1 base its selection among the offerors on criteria established by
67-2 the commission. The commission shall publish in the request for
67-3 bids, proposals, or qualifications all of the criteria that will be
67-4 used to evaluate the offerors.
67-5 (c) The commission shall document the basis of its selection
67-6 of an offeror and shall make the evaluations public not later than
67-7 the seventh day after the date the contract is awarded.
67-8 SECTION 9.04. Section 2166.253, Government Code, is amended
67-9 to read as follows:
67-10 Sec. 2166.253. LOWEST AND BEST BID METHOD [BIDDING
67-11 PROCEDURES]. (a) The commission may use the lowest and best bid
67-12 method for a project. In using that method, the commission shall
67-13 follow the procedures provided by Subsections (b)-(g).
67-14 (b) After final approval of a project's working plans and
67-15 specifications and their acceptance by a using agency, the
67-16 commission shall advertise in one newspaper of general circulation
67-17 and the Texas Register for bids or proposals for the construction
67-18 of and related work on the project.
67-19 (c) [(b)] Except as provided by Subsection (d) [(c)], the
67-20 commission shall allow bidders not less than 30 days after the date
67-21 the commission issues the bid documents to respond to an invitation
67-22 to bid.
67-23 (d) [(c)] The commission shall allow bidders for small
67-24 construction projects not less than 14 days after the date the
67-25 commission issues the bid documents to respond to an invitation to
67-26 bid.
68-1 (e) [(d)] The commission may shorten the time for response
68-2 to prevent undue additional costs to a state agency or, for
68-3 emergency projects, to prevent or remove a hazard to life or
68-4 property.
68-5 (f) A contract shall be awarded to the qualified bidder
68-6 making the lowest and best bid in accordance with the law on
68-7 awarding a state contract.
68-8 (g) The commission may reject all bids.
68-9 SECTION 9.05. Subchapter F, Chapter 2166, Government Code,
68-10 is amended by adding Section 2166.2531 to read as follows:
68-11 Sec. 2166.2531. DESIGN-BUILD METHOD. (a) In this section:
68-12 (1) "Design-build contract" means a single contract
68-13 with a design-build firm for the design and construction of a
68-14 facility.
68-15 (2) "Design-build firm" means a partnership,
68-16 corporation, or other legal entity or team that includes an
68-17 engineer or architect and a builder qualified to engage in building
68-18 construction in this state.
68-19 (3) "Design criteria package" means a set of documents
68-20 that provides sufficient information to permit a design-build firm
68-21 to prepare a response to the commission's request for
68-22 qualifications and any additional information requested, including
68-23 criteria for selection. The design criteria package must specify
68-24 criteria the commission considers necessary to describe the project
68-25 and may include, as appropriate, the legal description of the site,
68-26 survey information concerning the site, interior space
69-1 requirements, special material requirements, material quality
69-2 standards, conceptual criteria for the project, special equipment
69-3 requirements, cost or budget estimates, time schedules, quality
69-4 assurance and quality control requirements, site development
69-5 requirements, applicable codes and ordinances, provisions for
69-6 utilities, parking requirements, or any other requirement, as
69-7 applicable.
69-8 (b) The commission may use the design-build method for a
69-9 project. In using that method and in entering into a contract for
69-10 the services of a design-build firm, the commission and the
69-11 design-build firm shall follow the procedures provided by
69-12 Subsections (c)-(k).
69-13 (c) The commission shall designate an engineer or architect
69-14 to act as its representative. If the commission's engineer or
69-15 architect is not a full-time employee of the commission, any
69-16 engineer or architect designated shall be selected on the basis of
69-17 demonstrated competence and qualifications in accordance with
69-18 Subchapter A, Chapter 2254.
69-19 (d) The commission shall prepare a request for
69-20 qualifications that includes general information on the project
69-21 site, project scope, budget, special systems, selection criteria,
69-22 and other information that may assist potential design-build firms
69-23 in submitting proposals for the project. The commission shall also
69-24 prepare a design criteria package that includes more detailed
69-25 information on the project. If the preparation of the design
69-26 criteria package requires engineering or architectural services
70-1 that constitute the practice of engineering within the meaning of
70-2 The Texas Engineering Practice Act (Article 3271a, Vernon's Texas
70-3 Civil Statutes) or the practice of architecture within the meaning
70-4 of Chapter 478, Acts of the 45th Legislature, Regular Session, 1937
70-5 (Article 249a, Vernon's Texas Civil Statutes), those services shall
70-6 be provided in accordance with the applicable law.
70-7 (e) The commission or its representative shall publish the
70-8 request for qualifications in a manner prescribed by the
70-9 commission.
70-10 (f)(1) The commission or its representative shall evaluate
70-11 statements of qualifications and select a design-build firm in two
70-12 phases.
70-13 (2) In phase one, the commission or its representative
70-14 shall prepare a request for qualifications and evaluate each
70-15 offeror's experience, technical competence, and capability to
70-16 perform, the past performance of the offeror's team and members of
70-17 the team, and other appropriate factors submitted by the team or
70-18 firm in response to the request for qualifications, except that
70-19 cost-related or price-related evaluation factors are not permitted.
70-20 Each offeror must certify to the commission that each engineer or
70-21 architect that is a member of its team was selected based on
70-22 demonstrated competence and qualifications. The commission or its
70-23 representative shall qualify a maximum of five offerors to submit
70-24 additional information and, if the commission or its representative
70-25 chooses, to interview for final selection.
70-26 (3) In phase two, the commission or its representative
71-1 shall evaluate the information submitted by the offerors on the
71-2 basis of the selection criteria stated in the request for
71-3 qualifications and the results of any interview. The commission or
71-4 its representative may request additional information regarding
71-5 demonstrated competence and qualifications, considerations of the
71-6 safety and long-term durability of the project, the feasibility of
71-7 implementing the project as proposed, the ability of the offeror to
71-8 meet schedules, costing methodology, or other factors as
71-9 appropriate. The commission or its representative may not require
71-10 offerors to submit detailed engineering or architectural designs as
71-11 part of the proposal. The commission or its representative shall
71-12 rank each proposal submitted on the basis of the criteria specified
71-13 in the request for qualifications. The commission or its
71-14 representative shall select the design-build firm that submits the
71-15 proposal offering the best value for the commission or using agency
71-16 on the basis of the published selection criteria and on its ranking
71-17 evaluations. The commission or its representative shall first
71-18 attempt to negotiate a contract with the selected offeror. If the
71-19 commission or its representative is unable to negotiate a
71-20 satisfactory contract with the selected offeror, the commission
71-21 shall, formally and in writing, end all negotiations with that
71-22 offeror and proceed to negotiate with the next offeror in the order
71-23 of the selection ranking until a contract is reached or
71-24 negotiations with all ranked offerors end.
71-25 (g) Following selection of a design-build firm under
71-26 Subsection (f), that firm's engineers or architects shall complete
72-1 the design, submitting all design elements for review and
72-2 determination of scope compliance by the commission's engineer or
72-3 architect before or concurrently with the beginning of
72-4 construction.
72-5 (h) An engineer shall have responsibility for compliance
72-6 with the engineering design requirements and all other applicable
72-7 requirements of The Texas Engineering Practice Act (Article 3271a,
72-8 Vernon's Texas Civil Statutes). An architect shall have
72-9 responsibility for compliance with the requirements of Chapter 478,
72-10 Acts of the 45th Legislature, Regular Session, 1937 (Article 249a,
72-11 Vernon's Texas Civil Statutes).
72-12 (i) The commission shall provide or contract for,
72-13 independently of the design-build firm, the inspection services,
72-14 the testing of construction materials engineering, and the
72-15 verification testing services necessary for acceptance of the
72-16 facility by the commission. The commission shall select those
72-17 services for which it contracts in accordance with Section
72-18 2254.004.
72-19 (j) The design-build firm shall supply a signed and sealed
72-20 set of construction documents for the project to the commission at
72-21 the conclusion of construction.
72-22 (k) A payment or performance bond is not required for, and
72-23 may not provide coverage for, the portion of a design-build
72-24 contract under this section that includes design services only. If
72-25 a fixed contract amount or guaranteed maximum price has not been
72-26 determined at the time a design-build contract is awarded, the
73-1 penal sums of the performance and payment bonds delivered to the
73-2 commission shall each be in an amount equal to the project budget,
73-3 as specified in the design criteria package. The design-build firm
73-4 shall deliver the bonds not later than the 10th day after the date
73-5 the design-build firm executes the contract unless the design-build
73-6 firm furnishes a bid bond or other financial security acceptable to
73-7 the commission to ensure that the design-build firm will furnish
73-8 the required performance and payment bonds when a guaranteed
73-9 maximum price is established.
73-10 SECTION 9.06. Subchapter F, Chapter 2166, Government Code,
73-11 is amended by adding Section 2166.2532 to read as follows:
73-12 Sec. 2166.2532. CONSTRUCTION MANAGER-AT-RISK METHOD.
73-13 (a) The commission may use the construction manager-at-risk method
73-14 for a project. In using that method and in entering into a
73-15 contract for the services of a construction manager-at-risk, the
73-16 commission shall follow the procedures prescribed by this section.
73-17 (b) A construction manager-at-risk is a sole proprietorship,
73-18 partnership, corporation, or other legal entity that assumes the
73-19 risk for construction, rehabilitation, alteration, or repair of a
73-20 facility at the contracted price as a general contractor and
73-21 provides consultation to the commission regarding construction
73-22 during and after the design of the facility.
73-23 (c) Before or concurrently with selecting a construction
73-24 manager-at-risk, the commission shall select or designate an
73-25 engineer or architect who shall prepare the construction documents
73-26 for the project and who has full responsibility for complying with
74-1 The Texas Engineering Practice Act (Article 3271a, Vernon's Texas
74-2 Civil Statutes) or Chapter 478, Acts of the 45th Legislature,
74-3 Regular Session, 1937 (Article 249a, Vernon's Texas Civil
74-4 Statutes), as applicable. If the engineer or architect is not a
74-5 full-time employee of the commission, the commission shall select
74-6 the engineer or architect on the basis of demonstrated competence
74-7 and qualifications as provided by Section 2254.004. The
74-8 commission's engineer or architect for a project may not serve,
74-9 alone or in combination with another, as the construction
74-10 manager-at-risk.
74-11 (d) The commission shall provide or contract for,
74-12 independently of the construction manager-at-risk, the inspection
74-13 services, the testing of construction materials engineering, and
74-14 the verification testing services necessary for acceptance of the
74-15 facility by the commission. The commission shall select those
74-16 services for which it contracts in accordance with Section
74-17 2254.004.
74-18 (e) The commission shall select the construction
74-19 manager-at-risk in either a one-step or two-step process. The
74-20 commission shall prepare a request for proposals, in the case of a
74-21 one-step process, or a request for qualifications, in the case of a
74-22 two-step process, that includes general information on the project
74-23 site, project scope, schedule, selection criteria, estimated
74-24 budget, and the time and place for receipt of proposals or
74-25 qualifications, as applicable; a statement as to whether the
74-26 selection process is a one-step or two-step process; and other
75-1 information that may assist the commission in its selection of a
75-2 construction manager-at-risk. The commission shall state the
75-3 selection criteria in the request for proposals or qualifications,
75-4 as applicable. The selection criteria may include the offeror's
75-5 experience, past performance, safety record, proposed personnel and
75-6 methodology, and other appropriate factors that demonstrate the
75-7 capability of the construction manager-at-risk. If a one-step
75-8 process is used, the commission may request, as part of the
75-9 offeror's proposal, proposed fees and prices for fulfilling the
75-10 general conditions. If a two-step process is used, the commission
75-11 may not request fees or prices in step one. In step two, the
75-12 commission may request that five or fewer offerors, selected solely
75-13 on the basis of qualifications, provide additional information,
75-14 including the construction manager-at-risk's proposed fee and its
75-15 price for fulfilling the general conditions.
75-16 (f) The commission shall publish the request for
75-17 qualifications in a manner prescribed by the commission.
75-18 (g) At each step, the commission shall receive, publicly
75-19 open, and read aloud the names of the offerors. At the appropriate
75-20 step, the commission shall also read aloud the fees and prices, if
75-21 any, stated in each proposal as the proposal is opened. Within 45
75-22 days after the date of opening the proposals, the commission or its
75-23 representative shall evaluate and rank each proposal submitted in
75-24 relation to the criteria set forth in the request for proposals.
75-25 (h) The commission or its representative shall select the
75-26 offeror that submits the proposal that offers the best value for
76-1 the commission or using agency based on the published selection
76-2 criteria and on its ranking evaluation. The commission or its
76-3 representative shall first attempt to negotiate a contract with the
76-4 selected offeror. If the commission or its representative is
76-5 unable to negotiate a satisfactory contract with the selected
76-6 offeror, the commission or its representative shall, formally and
76-7 in writing, end negotiations with that offeror and proceed to
76-8 negotiate with the next offeror in the order of the selection
76-9 ranking until a contract is reached or negotiations with all ranked
76-10 offerors end.
76-11 (i) A construction manager-at-risk shall publicly advertise,
76-12 in the manner prescribed by the commission, and receive bids or
76-13 proposals from trade contractors or subcontractors for the
76-14 performance of all major elements of the work other than the minor
76-15 work that may be included in the general conditions. A
76-16 construction manager-at-risk may seek to perform portions of the
76-17 work itself if the construction manager-at-risk submits its bid or
76-18 proposal for those portions of the work in the same manner as all
76-19 other trade contractors or subcontractors and if the commission
76-20 determines that the construction manager-at-risk's bid or proposal
76-21 provides the best value for the commission or using agency.
76-22 (j) The construction manager-at-risk and the commission or
76-23 its representative shall review all trade contractor or
76-24 subcontractor bids or proposals in a manner that does not disclose
76-25 the contents of the bid or proposal during the selection process to
76-26 a person not employed by the construction manager-at-risk,
77-1 engineer, architect, or commission. All bids or proposals shall be
77-2 made public after the award of the contract or within seven days
77-3 after the date of final selection of bids and proposals, whichever
77-4 is later.
77-5 (k) If the construction manager-at-risk reviews, evaluates,
77-6 and recommends to the commission a bid or proposal from a trade
77-7 contractor or subcontractor but the commission requires another bid
77-8 or proposal to be accepted, the commission shall compensate the
77-9 construction manager-at-risk by a change in price, time, or
77-10 guaranteed maximum cost for any additional cost and risk that the
77-11 construction manager-at-risk may incur because of the commission's
77-12 requirement that another bid or proposal be accepted.
77-13 (l) If a selected trade contractor or subcontractor defaults
77-14 in the performance of its work or fails to execute a subcontract
77-15 after being selected in accordance with this section, the
77-16 construction manager-at-risk may, without advertising, itself
77-17 fulfill the contract requirements or select a replacement trade
77-18 contractor or subcontractor to fulfill the contract requirements.
77-19 (m) If a fixed contract amount or guaranteed maximum price
77-20 has not been determined at the time the contract is awarded, the
77-21 penal sums of the performance and payment bonds delivered to the
77-22 commission must each be in an amount equal to the project budget,
77-23 as set forth in the request for qualifications. The construction
77-24 manager-at-risk shall deliver the bonds not later than the 10th day
77-25 after the date the construction manager-at-risk executes the
77-26 contract unless the construction manager-at-risk furnishes a bid
78-1 bond or other financial security acceptable to the commission to
78-2 ensure that the construction manager-at-risk will furnish the
78-3 required performance and payment bonds when a guaranteed maximum
78-4 price is established.
78-5 SECTION 9.07. Subchapter F, Chapter 2166, Government Code,
78-6 is amended by adding Section 2166.2533 to read as follows:
78-7 Sec. 2166.2533. COMPETITIVE SEALED PROPOSAL METHOD.
78-8 (a) The commission may select a contractor for a project using the
78-9 competitive sealed proposal method prescribed by this section.
78-10 (b) The commission shall select or designate an engineer or
78-11 architect to prepare construction documents for the project. The
78-12 selected or designated engineer or architect has full
78-13 responsibility for complying with The Texas Engineering Practice
78-14 Act (Article 3271a, Vernon's Texas Civil Statutes) or Chapter 478,
78-15 Acts of the 45th Legislature, Regular Session, 1937 (Article 249a,
78-16 Vernon's Texas Civil Statutes), as applicable. If the engineer or
78-17 architect is not a full-time employee of the commission, the
78-18 commission shall select the engineer or architect on the basis of
78-19 demonstrated competence and qualifications as provided by Section
78-20 2254.004.
78-21 (c) The commission shall provide or contract for,
78-22 independently of the contractor, the inspection services, the
78-23 testing of construction materials engineering, and the verification
78-24 testing services necessary for acceptance of the facility by the
78-25 commission. The commission shall select those services for which
78-26 it contracts in accordance with Section 2254.004 and shall identify
79-1 them in the request for proposals.
79-2 (d) The commission shall prepare a request for competitive
79-3 sealed proposals that includes construction documents, selection
79-4 criteria, estimated budget, project scope, schedule, and other
79-5 information that contractors may require to respond to the request.
79-6 The commission shall state in the request for proposals all of the
79-7 selection criteria that will be used in selecting the successful
79-8 offeror.
79-9 (e) The commission shall publish notice of the request for
79-10 proposals in a manner prescribed by the commission.
79-11 (f) The commission shall receive, publicly open, and read
79-12 aloud the names of the offerors and, if any are required to be
79-13 stated, all prices stated in each proposal. Within 45 days after
79-14 the date of opening the proposals, the commission shall evaluate
79-15 and rank each proposal submitted in relation to the published
79-16 selection criteria.
79-17 (g) The commission shall select the offeror that offers the
79-18 best value for the commission or using agency based on the
79-19 published selection criteria and on its ranking evaluation. The
79-20 commission shall first attempt to negotiate a contract with the
79-21 selected offeror. The commission and its engineer or architect may
79-22 discuss with the selected offeror options for a scope or time
79-23 modification and any price change associated with the modification.
79-24 If the commission is unable to reach a contract with the selected
79-25 offeror, the commission shall, formally and in writing, end
79-26 negotiations with that offeror and proceed to the next offeror in
80-1 the order of the selection ranking until a contract is reached or
80-2 all proposals are rejected.
80-3 (h) In determining the best value for the commission or
80-4 using agency, the commission is not restricted to considering price
80-5 alone but may consider any other factor stated in the selection
80-6 criteria.
80-7 SECTION 9.08. Section 2166.255, Government Code, is amended
80-8 to read as follows:
80-9 Sec. 2166.255. AMOUNT [AWARD] OF CONTRACT. [(a) A contract
80-10 shall be awarded to the qualified bidder making the lowest and best
80-11 bid in accordance with the law on awarding a state contract.]
80-12 [(b) The commission may reject all bids.]
80-13 [(c)] A contract may not be awarded for an amount greater
80-14 than the amount that the comptroller certifies to be available for
80-15 the project.
80-16 SECTION 9.09. (a) The changes in law made by this Act to
80-17 the General Services Commission's contract procedures apply only to
80-18 a construction project for which the General Services Commission
80-19 first advertises or otherwise solicits bids, proposals, offers, or
80-20 qualifications, as applicable, on or after September 1, 2001.
80-21 (b) A construction project for which the General Services
80-22 Commission first advertised or otherwise solicited bids, proposals,
80-23 offers, or qualifications, as applicable, before September 1, 2001,
80-24 is governed by the law as it existed immediately before the
80-25 effective date of this Act, and that law is continued in effect for
80-26 that purpose.
81-1 ARTICLE 10. LEASING OF STATE OFFICE SPACE
81-2 SECTION 10.01. Subchapter A, Chapter 2167, Government Code,
81-3 is amended by adding Section 2167.0021 to read as follows:
81-4 Sec. 2167.0021. BEST VALUE STANDARD FOR LEASE OF SPACE.
81-5 (a) The commission shall lease space for the use of a state agency
81-6 on the basis of obtaining the best value for the state.
81-7 (b) The commission shall adopt rules establishing guidelines
81-8 for the determination of best value in a lease contract. In
81-9 determining the best value, the commission may consider:
81-10 (1) the cost of the lease contract;
81-11 (2) the condition and location of lease space;
81-12 (3) utility costs;
81-13 (4) access to public transportation;
81-14 (5) parking availability;
81-15 (6) security;
81-16 (7) telephone service availability;
81-17 (8) indicators of probable lessor performance under
81-18 the contract, such as the lessor's financial resources and the
81-19 lessor's experience;
81-20 (9) compliance with the architectural barriers law,
81-21 Article 9102, Revised Statutes; and
81-22 (10) other relevant factors.
81-23 (c) This section does not prohibit the commission from
81-24 leasing space from the offeror that offers the space at the lowest
81-25 cost if the commission determines that doing so obtains the best
81-26 value for the state.
82-1 SECTION 10.02. Section 2167.003, Government Code, is amended
82-2 to read as follows:
82-3 Sec. 2167.003. FIRST CONSIDERATION TO HISTORIC STRUCTURE.
82-4 (a) In leasing space for the use of a state agency, the commission
82-5 or the private brokerage or real estate firm assisting the
82-6 commission shall give first consideration to a building that is
82-7 designated as a historic structure under Section 442.001 or to a
82-8 building that has been designated a landmark by a local governing
82-9 authority, if:
82-10 (1) the building meets requirements and
82-11 specifications; and
82-12 (2) the cost is not substantially higher than the cost
82-13 for other available buildings that meet requirements and
82-14 specifications.
82-15 (b) When it considers leasing space for a state agency, the
82-16 commission or the private brokerage or real estate firm assisting
82-17 the commission shall notify each individual and organization that
82-18 is:
82-19 (1) on a list furnished to the commission by the Texas
82-20 Historical Commission under Section 442.005; and
82-21 (2) in the county in which the commission is
82-22 considering leasing space.
82-23 (c) At the end of a biennium, the commission shall report to
82-24 the legislature the commission's reasons for rejecting during the
82-25 biennium the lease of any historic structure that was offered as
82-26 [in a bid to] lease space to the state.
83-1 SECTION 10.03. Section 2167.005, Government Code, is amended
83-2 to read as follows:
83-3 Sec. 2167.005. DELEGATION OF AUTHORITY TO STATE AGENCIES
83-4 [INSTITUTIONS OF HIGHER EDUCATION]. (a) The commission may
83-5 delegate to a state agency, including an institution of higher
83-6 education, the authority to enter into lease contracts for space
83-7 [for which payments are not made from money appropriated from the
83-8 general revenue fund].
83-9 (b) Any reports on the lease contracts made [by an
83-10 institution of higher education] under this delegated authority
83-11 shall be required annually.
83-12 SECTION 10.04. Subsection (b), Section 2167.006, Government
83-13 Code, is amended to read as follows:
83-14 (b) A state agency, including an [An] institution of higher
83-15 education, may not enter a lease contract under Section 2167.005
83-16 unless the agency [institution] complies with the architectural
83-17 barriers law, Article 9102, Revised Statutes.
83-18 SECTION 10.05. Section 2167.052, Government Code, is amended
83-19 by amending Subsection (a) and adding Subsection (c) to read as
83-20 follows:
83-21 (a) Space may be leased from a private source through:
83-22 (1) competitive bidding; [or]
83-23 (2) competitive sealed proposals under Section
83-24 2167.054; or
83-25 (3) direct negotiation.
83-26 (c) The commission shall use the method for leasing space
84-1 that provides the best value for the state.
84-2 SECTION 10.06. Subsections (a) and (c), Section 2167.053,
84-3 Government Code, are amended to read as follows:
84-4 (a) When space is leased through competitive bidding, the
84-5 commission shall determine the [lowest and best] bid that provides
84-6 the best value for the state after considering moving costs, the
84-7 cost of time lost in moving, the cost of telecommunications
84-8 services, and other relevant factors.
84-9 (c) If, after review of the bids and evaluation of all
84-10 relevant factors, the leasing state agency's opinion is that the
84-11 bid selected by the commission is not the [lowest and best] bid
84-12 that provides the best value for the state, it may file with the
84-13 commission a written recommendation that the award be made to a
84-14 bidder other than the commission's recommended bidder. The leasing
84-15 state agency's recommendation must contain the agency's
84-16 justification for its recommendation and a complete explanation of
84-17 all factors it considered.
84-18 SECTION 10.07. Subsections (a), (g), and (i), Section
84-19 2167.054, Government Code, are amended to read as follows:
84-20 (a) The commission may lease space using competitive sealed
84-21 proposals [if the commission first determines that competitive
84-22 bidding is not practical or is disadvantageous to the state].
84-23 (g) The commission shall make a written award of a lease to
84-24 the offeror whose proposal provides the best value for [is the most
84-25 advantageous to] the state, considering price and the evaluation
84-26 factors in the request for proposals. [The commission may not use
85-1 other factors or criteria in its evaluation.] The commission shall
85-2 state in writing in the contract file the reasons for which an
85-3 award is made.
85-4 (i) If the competitive sealed proposal procedure for leasing
85-5 space is used by a state agency [an institution of higher
85-6 education] that has been delegated leasing authority under Section
85-7 2167.005, the agency [institution:]
85-8 [(1) must first determine that competitive bidding is
85-9 not practical or is disadvantageous to the state; and]
85-10 [(2)] shall follow the procedures outlined by this
85-11 section and any rules adopted by the commission.
85-12 SECTION 10.08. Subchapter B, Chapter 2167, Government Code,
85-13 is amended by adding Section 2167.0541 to read as follows:
85-14 Sec. 2167.0541. USE OF PRIVATE FIRMS TO OBTAIN SPACE.
85-15 (a) The commission may contract with one or more private brokerage
85-16 or real estate firms to assist the commission in obtaining lease
85-17 space for state agencies on behalf of the commission under this
85-18 chapter.
85-19 (b) A private brokerage or real estate firm with which the
85-20 commission contracts under Subsection (a) may assist the commission
85-21 in leasing facilities under this chapter.
85-22 SECTION 10.09. Subsection (b), Section 2167.055, Government
85-23 Code, is amended to read as follows:
85-24 (b) A [The] lease contract entered into under Section
85-25 2167.053 or 2167.054 must reflect the provisions contained in the
85-26 invitation for bids or request for proposals, the successful bid or
86-1 proposal, and the award of the contract.
86-2 SECTION 10.10. Subchapter C, Chapter 2167, Government Code,
86-3 is amended by adding Sections 2167.105, 2167.106, and 2167.107 to
86-4 read as follows:
86-5 Sec. 2167.105. REPORT ON NONCOMPLIANCE. If the commission
86-6 determines that a state agency has not complied with the
86-7 commission's rules or with other state law related to leasing
86-8 requirements, the commission shall report the noncompliance to the
86-9 members of the state agency's governing body and to the governor,
86-10 lieutenant governor, and speaker of the house of representatives.
86-11 The commission shall include in its report an estimate of the
86-12 fiscal impact resulting from the noncompliance.
86-13 Sec. 2167.106. ANNUAL REPORT. The staff of the commission
86-14 shall annually submit a report to the commission regarding
86-15 opportunities for delegating leasing authority to state agencies
86-16 with statewide operations. The report must include comments from
86-17 state agencies with statewide operations.
86-18 Sec. 2167.107. WAREHOUSE SPACE USE STUDY. (a) The
86-19 commission shall evaluate the operation of the first four
86-20 state-leased warehouses in Austin for which the leases expire after
86-21 October 1, 2001. The commission shall work with the state agency
86-22 that operates the warehouse to reduce inefficient warehouse space
86-23 use and adopt practices that can reduce the agency's need for
86-24 warehouse space and eliminate warehouse leases.
86-25 (b) The commission and the state agency shall:
86-26 (1) identify excess inventory;
87-1 (2) determine the most appropriate ways to eliminate
87-2 excess inventory; and
87-3 (3) determine the extent to which the state agency
87-4 uses the following management principles in operating the
87-5 warehouse:
87-6 (A) automated order processing;
87-7 (B) training customers how to use the supply
87-8 system;
87-9 (C) changing relationships with suppliers to
87-10 reduce inventory maintained by the state agency;
87-11 (D) establishing supplier support agreements to
87-12 reduce the time for delivery from a supplier;
87-13 (E) training supply staff to use information to
87-14 manage supplies; and
87-15 (F) reducing administrative cycle times through
87-16 automation.
87-17 (c) The commission shall assist the state agency operating
87-18 the warehouse in developing a plan to reduce the need for warehouse
87-19 space by reducing inventory, selling surplus property, and
87-20 efficiently managing warehouse operations. Each agency shall
87-21 include the plan as part of its strategic plan submitted under
87-22 Chapter 2056 during calendar year 2002.
87-23 (d) This section expires September 1, 2003.
87-24 SECTION 10.11. A lease contract entered into by the General
87-25 Services Commission before September 1, 2001, under Chapter 2167,
87-26 Government Code, is governed during the remaining term of the lease
88-1 by Chapter 2167, Government Code, as it existed immediately before
88-2 September 1, 2001, and the prior law is continued in effect for
88-3 this purpose. Chapter 2167, Government Code, as amended by this
88-4 Act, applies to the renewal of a lease described by this section.
88-5 ARTICLE 11. SURPLUS PROPERTY
88-6 SECTION 11.01. Section 2175.065, Government Code, is amended
88-7 to read as follows:
88-8 Sec. 2175.065. DELEGATION OF AUTHORITY TO STATE AGENCY.
88-9 (a) The commission may authorize a state agency to dispose of
88-10 surplus or salvage property if the agency demonstrates to the
88-11 commission its ability to dispose of the property under Subchapters
88-12 C and E in a manner that results in cost savings to the state,
88-13 under commission rules adopted under this chapter.
88-14 (b) The commission shall establish by rule the criteria for
88-15 determining that a delegation of authority to a state agency
88-16 results in cost savings to the state.
88-17 SECTION 11.02. Subchapters C and D, Chapter 2175, Government
88-18 Code, are amended to read as follows:
88-19 SUBCHAPTER C. DIRECT TRANSFER OR OTHER DISPOSITION OF
88-20 SURPLUS OR SALVAGE PROPERTY BY STATE AGENCY
88-21 Sec. 2175.121. APPLICABILITY. This subchapter applies only
88-22 to surplus or salvage property to which Subchapter D does not
88-23 apply.
88-24 Sec. 2175.122. STATE AGENCY NOTICE TO COMMISSION AND
88-25 COMPTROLLER. A state agency that determines it has surplus or
88-26 salvage property shall inform the commission and the comptroller of
89-1 the property's kind, number, location, condition, original cost or
89-2 value, and date of acquisition.
89-3 Sec. 2175.123. DETERMINING METHOD OF DISPOSAL. (a) Based
89-4 on the condition of the property, a state agency shall determine
89-5 whether the property is:
89-6 (1) surplus property that should be offered for
89-7 transfer under Section 2175.125 or sold to the public; or
89-8 (2) salvage property.
89-9 (b) The state agency shall inform the commission and the
89-10 comptroller of its determination.
89-11 Sec. 2175.124 [2175.122]. COMMISSION NOTICE TO OTHER
89-12 ENTITIES. After a determination that [On receiving notice from] a
89-13 state agency [that the agency] has surplus [or salvage] property,
89-14 the commission shall inform other state agencies, political
89-15 subdivisions, and assistance organizations of the comptroller's
89-16 website that lists surplus property that is available for sale [the
89-17 property's kind, number, location, and condition].
89-18 Sec. 2175.1245. ADVERTISING ON COMPTROLLER WEBSITE. Not
89-19 later than the second day after the date the comptroller receives
89-20 notice from a state agency that the agency has surplus property,
89-21 the comptroller shall advertise the property's kind, number,
89-22 location, and condition on the comptroller's website.
89-23 Sec. 2175.125 [2175.123]. DIRECT TRANSFER. During the 10
89-24 business [30] days after the date the property is posted on the
89-25 comptroller's website [following dissemination of information under
89-26 Section 2175.122], a state agency, political subdivision, or
90-1 assistance organization may coordinate directly with the reporting
90-2 state agency for a transfer of the property at a price established
90-3 by the reporting agency.
90-4 Sec. 2175.126 [2175.124]. NOTICE OF TRANSFER TO COMPTROLLER;
90-5 ADJUSTMENT OF APPROPRIATIONS AND PROPERTY ACCOUNTING RECORDS;
90-6 REMOVAL FROM WEBSITE. (a) If property is transferred to a state
90-7 agency, the participating agencies shall report the transaction to
90-8 the comptroller.
90-9 (b) On receiving notice under this section, the comptroller
90-10 shall, if necessary:
90-11 (1) debit and credit the proper appropriations; and
90-12 (2) adjust state property accounting records.
90-13 (c) Not later than the second day after the date the
90-14 comptroller receives notice under Subsection (a), the comptroller
90-15 shall remove the property from the list of surplus property for
90-16 sale on the comptroller's website.
90-17 Sec. 2175.127 [2175.125]. PRIORITY FOR TRANSFER TO STATE
90-18 AGENCY. During the 10 business [30] days after the date the
90-19 property is posted on the comptroller's website [of notice under
90-20 Section 2175.122], a transfer to a state agency has priority over
90-21 any other transfer under rules adopted by the commission.
90-22 Sec. 2175.128 [2175.126]. DISPOSITION OF DATA PROCESSING
90-23 EQUIPMENT. (a) If a disposition of a state agency's surplus or
90-24 salvage data processing equipment is not made under Section
90-25 2175.125 or 2175.184 [this subchapter], the state agency shall
90-26 transfer the equipment to the Texas Department of Criminal Justice.
91-1 The state agency may not collect a fee or other reimbursement from
91-2 the Texas Department of Criminal Justice for the surplus or salvage
91-3 data processing equipment.
91-4 (b) If a disposition of the surplus or salvage data
91-5 processing equipment of a state eleemosynary institution or an
91-6 institution or agency of higher education is not made under other
91-7 law, the institution or agency shall transfer the equipment to the
91-8 Texas Department of Criminal Justice. The institution or agency
91-9 may not collect a fee or other reimbursement from the Texas
91-10 Department of Criminal Justice for the surplus or salvage data
91-11 processing equipment.
91-12 [SUBCHAPTER D. DISPOSITION OF SURPLUS OR SALVAGE
91-13 PROPERTY BY COMPETITIVE BIDDING]
91-14 Sec. 2175.129 [2175.181]. DISPOSITION BY COMPETITIVE
91-15 BIDDING, [OR] AUCTION, OR DIRECT SALE. (a) If a disposition of a
91-16 state agency's surplus [or salvage] property is not made under
91-17 Section 2175.125 [Subchapter C], the commission shall:
91-18 (1) sell the property by competitive bid, [or]
91-19 auction, or direct sale to the public, including a sale using an
91-20 Internet auction site; or
91-21 (2) delegate to the state agency authority to sell the
91-22 property by competitive bid, auction, or direct sale to the public,
91-23 including a sale using an Internet auction site [bidding].
91-24 (b) The commission or a state agency to which authority is
91-25 delegated under Subsection (a)(2) or under Section 2175.065 shall
91-26 determine which method of sale shall be used based on the method
92-1 that is most advantageous to the state under the circumstances.
92-2 The commission shall adopt rules establishing guidelines for making
92-3 that determination.
92-4 (c) In using an Internet auction site to sell surplus
92-5 property under this section, the commission or state agency shall
92-6 post the property on the site for at least 10 days.
92-7 Sec. 2175.130. DISPOSITION BY DIRECT SALE TO PUBLIC.
92-8 (a) If the commission or a state agency to which authority is
92-9 delegated under Section 2175.129(a)(2) or 2175.065 determines that
92-10 selling the property by competitive bid or auction, including a
92-11 sale using an Internet auction site, would not maximize the resale
92-12 value of the property to the state, the commission or agency may
92-13 sell surplus or salvage property directly to the public.
92-14 (b) The commission, in cooperation with the state agency
92-15 that declared the property as surplus, or a state agency to which
92-16 authority is delegated under Section 2175.129(a)(2) or 2175.065
92-17 shall set a fixed price for the property.
92-18 Sec. 2175.131 [2175.182]. PURCHASER'S FEE. (a) The
92-19 commission or a state agency disposing of property by a method
92-20 other than direct transfer under this subchapter shall collect a
92-21 fee from the purchaser.
92-22 (b) The commission or state agency shall set the fee at an
92-23 amount that is:
92-24 (1) sufficient to recover costs associated with the
92-25 sale; and
92-26 (2) at least two percent but not more than 12 percent
93-1 of sale proceeds.
93-2 Sec. 2175.132 [2175.183]. ADVERTISEMENT OF SALE. If the
93-3 value of an item or a lot of property to be sold is estimated to be
93-4 more than $5,000, the commission or the state agency authorized to
93-5 sell the property shall advertise the sale at least once in at
93-6 least one newspaper of general circulation in the vicinity in which
93-7 the property is located.
93-8 Sec. 2175.133 [2175.184]. REPORTING SALE; PROPERTY
93-9 ACCOUNTING ADJUSTMENT. (a) On the sale by the commission of
93-10 surplus or salvage property, the commission shall report the
93-11 property sold and the sale price to the state agency that declared
93-12 the property as surplus or salvage.
93-13 (b) A state agency for which surplus or salvage property is
93-14 sold or that sells surplus or salvage property under authority of
93-15 the commission shall report the sale and amount of sale proceeds to
93-16 the comptroller.
93-17 (c) If property reported under this section is on the state
93-18 property accounting system, the comptroller shall remove the
93-19 property from the property accounting records.
93-20 Sec. 2175.134 [2175.185]. PROCEEDS OF SALE. (a) Proceeds
93-21 from the sale of surplus or salvage property, less the cost of
93-22 advertising the sale, the cost of selling the surplus or salvage
93-23 property, including the cost of auctioneer services, and the amount
93-24 of the fee collected under Section 2175.131 [2175.182], shall be
93-25 deposited to the credit of the appropriate appropriation item of
93-26 the state agency for which the sale was made.
94-1 (b) The portion of sale proceeds equal to the cost of
94-2 advertising the sale and the cost of selling the surplus or salvage
94-3 property, including the cost of auctioneer services, shall be
94-4 deposited in the state treasury to the credit of the appropriation
94-5 item of the commission or other state agency from which the costs
94-6 were paid.
94-7 Sec. 2175.135 [2175.186]. PURCHASER'S TITLE. A purchaser of
94-8 surplus [or salvage] property at a sale conducted under Section
94-9 2175.129 or 2175.130 [this subchapter] obtains good title to the
94-10 property if the purchaser has in good faith complied with:
94-11 (1) the conditions of the sale; and
94-12 (2) applicable commission rules.
94-13 SUBCHAPTER D. DISPOSITION OF SURPLUS OR SALVAGE
94-14 PROPERTY BY COMMISSION
94-15 Sec. 2175.181. APPLICABILITY. (a) This subchapter applies
94-16 only to surplus and salvage property located in:
94-17 (1) Travis County;
94-18 (2) a county in which federal surplus property is
94-19 warehoused by the commission under Subchapter G; or
94-20 (3) a county for which the commission determines that
94-21 it is cost-effective to follow the procedures created under this
94-22 subchapter and informs affected state agencies of that
94-23 determination.
94-24 (b) This subchapter does not apply to a state agency
94-25 delegated the authority to dispose of surplus or salvage property
94-26 under Section 2175.065.
95-1 Sec. 2175.1815. ALTERNATIVE APPLICABILITY. (a)
95-2 Notwithstanding Section 2175.181, until January 1, 2003, this
95-3 subchapter applies only to a state agency selected by the
95-4 commission to participate in the disposal process created under
95-5 this subchapter.
95-6 (b) Subchapter C applies to a state agency that is not
95-7 selected by the commission to participate under this subchapter.
95-8 (c) This section expires January 1, 2003.
95-9 Sec. 2175.182. STATE AGENCY TRANSFER OF PROPERTY TO
95-10 COMMISSION. (a) The commission is responsible for the disposal of
95-11 surplus or salvage property under this subchapter. The commission
95-12 may take physical possession of the property. A state agency
95-13 maintains ownership of property throughout the disposal process.
95-14 (b) Based on the condition of the property, the commission
95-15 shall determine whether the property is:
95-16 (1) surplus property that should be offered for
95-17 transfer under Section 2175.184 or sold to the public; or
95-18 (2) salvage property.
95-19 (c) The commission shall inform the comptroller's office of
95-20 the property's kind, number, location, condition, original cost or
95-21 value, and date of acquisition.
95-22 Sec. 2175.1825. ADVERTISING ON COMPTROLLER WEBSITE. Not
95-23 later than the second day after the date the comptroller receives
95-24 notice from the commission under Section 2175.182(c), the
95-25 comptroller shall advertise the property's kind, number, location,
95-26 and condition on the comptroller's website.
96-1 Sec. 2175.183. COMMISSION NOTICE TO OTHER ENTITIES. On
96-2 taking responsibility for surplus property under this subchapter,
96-3 the commission shall inform other state agencies, political
96-4 subdivisions, and assistance organizations of the comptroller's
96-5 website that lists surplus property that is available for sale.
96-6 Sec. 2175.184. DIRECT TRANSFER. During the 10 business days
96-7 after the date the property is posted on the comptroller's website,
96-8 a state agency, political subdivision, or assistance organization
96-9 may coordinate with the commission for a transfer of the property
96-10 at a price established by the commission in cooperation with the
96-11 transferring agency. A transfer to a state agency has priority
96-12 over any other transfer during this period.
96-13 Sec. 2175.185. NOTICE OF TRANSFER TO COMPTROLLER; ADJUSTMENT
96-14 OF APPROPRIATIONS AND PROPERTY ACCOUNTING RECORDS; REMOVAL FROM
96-15 WEBSITE. (a) If property is transferred to a state agency under
96-16 Section 2175.184, the participating agencies shall report the
96-17 transaction to the comptroller.
96-18 (b) On receiving notice under this section, the comptroller
96-19 shall, if necessary:
96-20 (1) debit and credit the proper appropriations; and
96-21 (2) adjust state property accounting records.
96-22 (c) Not later than the second day after the date the
96-23 comptroller receives notice under Subsection (a), the comptroller
96-24 shall remove the property from the list of surplus property for
96-25 sale on the comptroller's website.
96-26 Sec. 2175.186. DISPOSITION BY COMPETITIVE BIDDING, AUCTION,
97-1 OR DIRECT SALE. (a) If a disposition of a state agency's surplus
97-2 property is not made under Section 2175.184, the commission shall
97-3 sell the property by competitive bid, auction, or direct sale to
97-4 the public, including a sale using an Internet auction site.
97-5 (b) The commission shall determine which method of sale
97-6 shall be used based on the method that is most advantageous to the
97-7 state under the circumstances. The commission shall adopt rules
97-8 establishing guidelines for making that determination.
97-9 (c) In using an Internet auction site to sell surplus
97-10 property under this section, the commission shall post the property
97-11 on the site for at least 10 days.
97-12 Sec. 2175.187. DISPOSITION BY DIRECT SALE TO PUBLIC.
97-13 (a) If the commission determines that selling the property by
97-14 competitive bid or auction, including a sale using an Internet
97-15 auction site, would not maximize the resale value of the property
97-16 to the state, the commission may sell surplus property directly to
97-17 the public.
97-18 (b) The commission shall set a fixed price for the property
97-19 in cooperation with the state agency that owns the property.
97-20 Sec. 2175.188. PURCHASER'S FEE. (a) For property that is
97-21 sold under Section 2175.186 or 2175.187, the commission shall
97-22 collect a fee from the purchaser.
97-23 (b) The commission shall set the fee at an amount that is:
97-24 (1) sufficient to recover costs associated with the
97-25 sale; and
97-26 (2) at least two percent but not more than 12 percent
98-1 of sale proceeds.
98-2 Sec. 2175.189. ADVERTISEMENT OF SALE. If the value of an
98-3 item or a lot of property to be sold is estimated to be more than
98-4 $5,000, the commission shall advertise the sale at least once in at
98-5 least one newspaper of general circulation in the vicinity in which
98-6 the property is located.
98-7 Sec. 2175.190. REPORTING SALE; PROPERTY ACCOUNTING
98-8 ADJUSTMENT. (a) On the sale by the commission of surplus or
98-9 salvage property, the commission shall report the property sold and
98-10 the sale price to the state agency that owned the property and to
98-11 the comptroller.
98-12 (b) If property reported under this section is on the state
98-13 property accounting system, the comptroller shall remove the
98-14 property from the property accounting records.
98-15 Sec. 2175.191. PROCEEDS OF SALE. (a) Proceeds from the
98-16 sale of surplus or salvage property, less the cost of advertising
98-17 the sale, the cost of selling the surplus or salvage property,
98-18 including the cost of auctioneer services, and the amount of the
98-19 fee collected under Section 2175.188, shall be deposited to the
98-20 credit of the appropriate appropriation item of the state agency
98-21 for which the sale was made.
98-22 (b) The portion of sale proceeds equal to the cost of
98-23 advertising the sale and the cost of selling the surplus or salvage
98-24 property, including the cost of auctioneer services, if any, shall
98-25 be deposited in the state treasury to the credit of the
98-26 appropriation item of the commission.
99-1 Sec. 2175.192. PURCHASER'S TITLE. A purchaser of surplus
99-2 property at a sale conducted under Section 2175.186 or 2175.187
99-3 obtains good title to the property if the purchaser has in good
99-4 faith complied with:
99-5 (1) the conditions of the sale; and
99-6 (2) applicable commission rules.
99-7 Sec. 2175.193. CONTRACTS FOR DESTRUCTION OF PROPERTY. The
99-8 commission shall contract for the disposal of property under
99-9 Subchapter E in a manner that maximizes value to the state.
99-10 SECTION 11.03. This article takes effect January 1, 2002.
99-11 ARTICLE 12. PAPER RECYCLING PROGRAM
99-12 SECTION 12.01. Section 2175.902, Government Code, is amended
99-13 to read as follows:
99-14 Sec. 2175.902. MANDATORY PAPER RECYCLING PROGRAM. (a) The
99-15 commission shall establish a mandatory recycling program for a
99-16 state agency that occupies a building [and maintain in each
99-17 building] under its control [procedures for collecting separately
99-18 from other wastes all paper for recycling disposed of in that
99-19 building]. By rule, the commission shall:
99-20 (1) establish guidelines and procedures for collecting
99-21 and recycling of paper;
99-22 (2) set recycling goals and performance measures;
99-23 (3) require state agencies to designate a recycling
99-24 coordinator;
99-25 (4) provide employee and custodial education and
99-26 training;
100-1 (5) provide recognition and evaluative and corrective
100-2 information to state agencies when appropriate; and
100-3 (6) inform state agencies when proper recycling
100-4 methods are not used.
100-5 (b) If the commission finds that a state agency's recycling
100-6 program meets or exceeds the standards created under Subsection
100-7 (a), the [The] commission may delegate its responsibility under
100-8 this section [subsection] to a state agency located in a [each]
100-9 building under its control.
100-10 (c) [(b)] The commission or a state agency with delegated
100-11 responsibility under Subsection (b) [(a)] shall sell the paper for
100-12 recycling to the highest bidder.
100-13 (d) The commission may enter into an interagency agreement
100-14 to provide recycling services to a state agency otherwise excluded
100-15 from the program.
100-16 ARTICLE 13. EFFECTIVE DATE
100-17 SECTION 13.01. Except as otherwise provided by this Act,
100-18 this Act takes effect September 1, 2001.