1-1 AN ACT
1-2 relating to the abolition of the General Services Commission; to
1-3 the transfer of its functions to a newly created Texas Building and
1-4 Procurement Commission; and to the operations of certain other
1-5 state agencies having functions transferred from or associated with
1-6 the General Services Commission, including the Department of
1-7 Information Resources, the telecommunications planning and
1-8 oversight council, the attorney general, the Legislative Budget
1-9 Board, and the State Cemetery Committee.
1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11 ARTICLE 1. ABOLITION OF GENERAL SERVICES COMMISSION;
1-12 TRANSFER OF POWERS AND DUTIES
1-13 SECTION 1.01. Subdivision (4), Section 1232.003, Government
1-14 Code, is amended to read as follows:
1-15 (4) "Commission" means the Texas Building and
1-16 Procurement [General Services] Commission.
1-17 SECTION 1.02. Subdivision (1), Section 2151.002, Government
1-18 Code, is amended to read as follows:
1-19 (1) "Commission" means the Texas Building and
1-20 Procurement [General Services] Commission.
1-21 SECTION 1.03. Section 2151.003, Government Code, is amended
1-22 to read as follows:
1-23 Sec. 2151.003. REFERENCE. A statutory reference to the
1-24 General Services Commission, the State Board of Control, or the
1-25 State Purchasing and General Services Commission means the Texas
2-1 Building and Procurement [General Services] Commission.
2-2 SECTION 1.04. Chapter 2151, Government Code, is amended by
2-3 adding Section 2151.004 to read as follows:
2-4 Sec. 2151.004. TRANSFER OF POWERS AND DUTIES TO DEPARTMENT
2-5 OF INFORMATION RESOURCES. (a) The powers and duties of the
2-6 General Services Commission under Chapter 2170 or other law
2-7 relating to providing telecommunications services for state
2-8 government are transferred to the Department of Information
2-9 Resources.
2-10 (b) A reference in law to the General Services Commission
2-11 that relates to the powers and duties of the General Services
2-12 Commission under Chapter 2170 or other law relating to providing
2-13 telecommunications services for state government is a reference to
2-14 the Department of Information Resources.
2-15 SECTION 1.05. The heading of Chapter 2152, Government Code,
2-16 is amended to read as follows:
2-17 CHAPTER 2152. TEXAS BUILDING AND PROCUREMENT
2-18 [GENERAL SERVICES] COMMISSION
2-19 SECTION 1.06. Section 2152.001, Government Code, is amended
2-20 to read as follows:
2-21 Sec. 2152.001. COMMISSION. The Texas Building and
2-22 Procurement [General Services] Commission is an agency of the
2-23 state.
2-24 SECTION 1.07. Section 2152.002, Government Code, is amended
2-25 to read as follows:
2-26 Sec. 2152.002. SUNSET PROVISION. The Texas Building and
3-1 Procurement [General Services] Commission is subject to Chapter 325
3-2 (Texas Sunset Act). Unless continued in existence as provided by
3-3 that chapter, the commission is abolished and this subtitle, except
3-4 for Chapter 2170 and Section 2157.121, expires September 1, 2013
3-5 [2001].
3-6 SECTION 1.08. Section 2152.051, Government Code, is amended
3-7 to read as follows:
3-8 Sec. 2152.051. COMPOSITION OF COMMISSION. (a) The
3-9 commission consists of:
3-10 (1) three members appointed by the governor;
3-11 (2) two additional members appointed by the governor
3-12 from a list of nominees submitted by the speaker of the house of
3-13 representatives; and
3-14 (3) two members appointed by the lieutenant governor
3-15 [is composed of six representatives of the public appointed by the
3-16 governor with the advice and consent of the senate].
3-17 (b) In making an appointment under Subsection (a)(2), the
3-18 governor may reject one or more of the nominees on a list submitted
3-19 by the speaker of the house of representatives and request a new
3-20 list of different nominees.
3-21 SECTION 1.09. Subsection (b), Section 2152.052, Government
3-22 Code, is amended to read as follows:
3-23 (b) In making appointments under this section, the governor
3-24 and lieutenant governor shall attempt to appoint women and members
3-25 of different minority groups, including African Americans, Hispanic
3-26 Americans, Native Americans, and Asian Americans.
4-1 SECTION 1.10. Subsections (b) and (c), Section 2152.054,
4-2 Government Code, are amended to read as follows:
4-3 (b) An officer, employee, or paid consultant of a Texas
4-4 trade association of business entities that contracts with the
4-5 state may not:
4-6 (1) serve as a commission member; or
4-7 (2) be employed as a commission employee in a "bona
4-8 fide executive, administrative, or professional capacity," as that
4-9 phrase is used for purposes of establishing an exemption to the
4-10 overtime provisions of the federal Fair Labor Standards Act of 1938
4-11 (29 U.S.C. Section 201 et seq.) and its subsequent amendments [who
4-12 is exempt from the state's position classification plan or is
4-13 compensated at or above the amount prescribed by the General
4-14 Appropriations Act for step 1, salary group 17, of the position
4-15 classification salary schedule].
4-16 (c) An individual who is the spouse of an officer, manager,
4-17 or paid consultant of a Texas trade association of business
4-18 entities that contracts with the state may not:
4-19 (1) serve as a commission member; or
4-20 (2) be employed as a commission employee in a "bona
4-21 fide executive, administrative, or professional capacity," as that
4-22 phrase is used for purposes of establishing an exemption to the
4-23 overtime provisions of the federal Fair Labor Standards Act of 1938
4-24 (29 U.S.C. Section 201 et seq.) and its subsequent amendments [who
4-25 is exempt from the state's position classification plan or is
4-26 compensated at or above the amount prescribed by the General
5-1 Appropriations Act for step 1, salary group 17, of the position
5-2 classification salary schedule].
5-3 SECTION 1.11. Subsection (c), Section 2152.056, Government
5-4 Code, is amended to read as follows:
5-5 (c) If the executive director has knowledge that a potential
5-6 ground for removal exists, the executive director shall notify the
5-7 presiding officer of the commission of the potential ground. The
5-8 presiding officer shall then notify the governor and the attorney
5-9 general that a potential ground for removal exists. If the
5-10 potential ground for removal involves the presiding officer, the
5-11 executive director shall notify the next highest ranking officer of
5-12 the commission, who shall then notify the governor and the attorney
5-13 general that a potential ground for removal exists.
5-14 SECTION 1.12. Section 2152.057, Government Code, is amended
5-15 to read as follows:
5-16 Sec. 2152.057. TERMS. Commission members serve staggered
5-17 six-year terms with two or three members' terms expiring January 31
5-18 of each odd-numbered year.
5-19 SECTION 1.13. Subchapter B, Chapter 2152, Government Code,
5-20 is amended by adding Section 2152.0581 to read as follows:
5-21 Sec. 2152.0581. TRAINING FOR COMMISSION MEMBERS. (a) A
5-22 person who is appointed to and qualifies for office as a member of
5-23 the commission may not vote, deliberate, or be counted as a member
5-24 in attendance at a meeting of the commission until the person
5-25 completes a training program that complies with this section.
5-26 (b) The training program must provide the person with
6-1 information regarding:
6-2 (1) the legislation that created the commission;
6-3 (2) the programs operated by the commission;
6-4 (3) the role and functions of the commission;
6-5 (4) the rules of the commission, with an emphasis on
6-6 the rules that relate to disciplinary and investigatory authority;
6-7 (5) the current budget for the commission;
6-8 (6) the results of the most recent formal audit of the
6-9 commission;
6-10 (7) the requirements of:
6-11 (A) the open meetings law, Chapter 551;
6-12 (B) the public information law, Chapter 552;
6-13 (C) the administrative procedure law, Chapter
6-14 2001; and
6-15 (D) other laws relating to public officials,
6-16 including conflict-of-interest laws; and
6-17 (8) any applicable ethics policies adopted by the
6-18 commission or the Texas Ethics Commission.
6-19 (c) A person appointed to the commission is entitled to
6-20 reimbursement, as provided by the General Appropriations Act, for
6-21 the travel expenses incurred in attending the training program
6-22 regardless of whether the attendance at the program occurs before
6-23 or after the person qualifies for office.
6-24 SECTION 1.14. Section 2152.060, Government Code, is amended
6-25 by amending Subsection (b) and adding Subsection (d) to read as
6-26 follows:
7-1 (b) The commission shall maintain a [keep an information]
7-2 file on [about] each written complaint filed with the commission
7-3 [that the commission has authority to resolve]. The file must
7-4 include:
7-5 (1) the name of the person who filed the complaint;
7-6 (2) the date the complaint is received by the
7-7 commission;
7-8 (3) the subject matter of the complaint;
7-9 (4) the name of each person contacted in relation to
7-10 the complaint;
7-11 (5) a summary of the results of the review or
7-12 investigation of the complaint; and
7-13 (6) an explanation of the reason the file was closed,
7-14 if the commission closed the file without taking action other than
7-15 to investigate the complaint.
7-16 (d) The commission shall provide to the person filing the
7-17 complaint and to each person who is a subject of the complaint a
7-18 copy of the commission's policies and procedures relating to
7-19 complaint investigation and resolution.
7-20 SECTION 1.15. Subchapter C, Chapter 2152, Government Code,
7-21 is amended by adding Section 2152.110 to read as follows:
7-22 Sec. 2152.110. STATE EMPLOYEE INCENTIVE PROGRAM. The
7-23 executive director or the executive director's designee shall
7-24 provide to commission employees information and training on the
7-25 benefits and methods of participation in the state employee
7-26 incentive program under Subchapter B, Chapter 2108.
8-1 SECTION 1.16. On October 1, 2001:
8-2 (1) the Department of Information Resources replaces
8-3 the General Services Commission as the telecommunications services
8-4 provider for state government;
8-5 (2) all functions and activities performed by the
8-6 General Services Commission that relate to providing
8-7 telecommunications services for state government or to the
8-8 establishment of the electronic procurement marketplace or the
8-9 electronic commerce network under Chapters 2170 and 2177,
8-10 Government Code, or other law immediately before that date are
8-11 transferred to the Department of Information Resources;
8-12 (3) all employees of the General Services Commission
8-13 who primarily perform duties related to providing
8-14 telecommunications services for state government or to the
8-15 establishment of the electronic procurement marketplace or the
8-16 electronic commerce network, including employees who provide
8-17 administrative support for those services, under Chapters 2170 and
8-18 2177, Government Code, or other law become employees of the
8-19 Department of Information Resources, but continue to work in the
8-20 same physical location unless moved in accordance with the plan
8-21 created under Section 1.17 of this Act;
8-22 (4) a rule or form adopted by the General Services
8-23 Commission that relates to providing telecommunications services
8-24 for state government or to the establishment of the electronic
8-25 procurement marketplace or the electronic commerce network under
8-26 Chapters 2170 and 2177, Government Code, or other law is a rule or
9-1 form of the Department of Information Resources and remains in
9-2 effect until changed by the department;
9-3 (5) a reference in law to the General Services
9-4 Commission that relates to providing telecommunications services
9-5 for state government or to the establishment of the electronic
9-6 procurement marketplace or the electronic commerce network under
9-7 Chapters 2170 and 2177, Government Code, or other law means the
9-8 Department of Information Resources;
9-9 (6) a waiver in effect that was issued by the General
9-10 Services Commission relating to telecommunications under Chapter
9-11 2170, Government Code, or other law is continued in effect as a
9-12 waiver of the Department of Information Resources;
9-13 (7) a rate case, contract negotiation, or other
9-14 proceeding involving the General Services Commission that is
9-15 related to providing telecommunications services for state
9-16 government or to the establishment of the electronic procurement
9-17 marketplace or the electronic commerce network under Chapters 2170
9-18 and 2177, Government Code, or other law is transferred without
9-19 change in status to the Department of Information Resources, and
9-20 the Department of Information Resources assumes, without a change
9-21 in status, the position of the General Services Commission in a
9-22 negotiation or proceeding relating to telecommunications, the
9-23 marketplace, or the network to which the General Services
9-24 Commission is a party;
9-25 (8) all money, contracts, leases, rights, and
9-26 obligations of the General Services Commission related to providing
10-1 telecommunications services for state government or to the
10-2 establishment of the electronic procurement marketplace or the
10-3 electronic commerce network under Chapters 2170 and 2177,
10-4 Government Code, or other law are transferred to the Department of
10-5 Information Resources;
10-6 (9) all property, including records, in the custody of
10-7 the General Services Commission related to providing
10-8 telecommunications services for state government or to the
10-9 establishment of the electronic procurement marketplace or the
10-10 electronic commerce network under Chapters 2170 and 2177,
10-11 Government Code, or other law becomes the property of the
10-12 Department of Information Resources, but stays in the same physical
10-13 location unless moved in accordance with the plan created under
10-14 Section 1.17 of this Act; and
10-15 (10) all funds appropriated by the legislature to the
10-16 General Services Commission for purposes related to providing
10-17 telecommunications services for state government or to the
10-18 establishment of the electronic procurement marketplace or the
10-19 electronic commerce network, including funds for providing
10-20 administrative support for those services such as funds to pay the
10-21 salary and benefits of employees who provide the administrative
10-22 support, under Chapters 2170 and 2177, Government Code, or other
10-23 law are transferred to the Department of Information Resources.
10-24 SECTION 1.17. The General Services Commission or the Texas
10-25 Building and Procurement Commission, as applicable, and the
10-26 Department of Information Resources shall establish a transition
11-1 plan for the transfer described in Section 1.16 of this Act. The
11-2 plan must include:
11-3 (1) a timetable for any necessary or advisable
11-4 movement of the physical location of employees and property;
11-5 (2) an inventory of all equipment and other property
11-6 required to be transferred;
11-7 (3) a determination of any continued support and
11-8 cooperation the commission must provide the department before the
11-9 commission is abolished to ensure an efficient continuation of
11-10 service and of planning for future needs; and
11-11 (4) provisions for the immediate access of the
11-12 Department of Information Resources to facilities that house
11-13 telecommunications equipment and any related facilities.
11-14 SECTION 1.18. (a) The General Services Commission as it
11-15 exists on the effective date of this Act is abolished and the
11-16 offices of the members of the commission serving on that date are
11-17 abolished. The abolition takes effect on the date of the first
11-18 meeting of the Texas Building and Procurement Commission as created
11-19 by this Act. Until the General Services Commission as it exists on
11-20 the effective date of this Act is abolished, the commission shall
11-21 continue to perform its duties under Chapter 2152, Government Code,
11-22 as that law existed immediately before the effective date of this
11-23 Act.
11-24 (b) The Texas Building and Procurement Commission, composed
11-25 as provided by Section 2152.051, Government Code, as amended by
11-26 this Act, is created with the powers and duties assigned by
12-1 Subtitle D, Title 10, Government Code, as amended by this Act. The
12-2 creation takes effect on the date of the first meeting of the Texas
12-3 Building and Procurement Commission as created by this Act. The
12-4 governor and the lieutenant governor shall make appointments to the
12-5 Texas Building and Procurement Commission in accordance with
12-6 Section 2152.051, Government Code, as amended by this Act, as soon
12-7 as possible after the effective date of this Act.
12-8 (c) In making appointments under this section:
12-9 (1) the governor shall appoint:
12-10 (A) two members for terms expiring January 31,
12-11 2003;
12-12 (B) one member for a term expiring January 31,
12-13 2005; and
12-14 (C) two members from a list of nominees
12-15 submitted by the speaker of the house of representatives for terms
12-16 expiring January 31, 2007; and
12-17 (2) the lieutenant governor shall appoint:
12-18 (A) one member for a term expiring January 31,
12-19 2005; and
12-20 (B) one member for a term expiring January 31,
12-21 2007.
12-22 (d) Subject to the changes in law made by this Act, the
12-23 Texas Building and Procurement Commission created by this Act has
12-24 all the powers and duties provided by law and all the property,
12-25 employees, unspent appropriations, documents, rights, and
12-26 obligations of the abolished General Services Commission.
13-1 (e) The validity of an action taken by the General Services
13-2 Commission before it is abolished under Subsection (a) of this
13-3 section is not affected by the abolishment.
13-4 SECTION 1.19. This Act does not prohibit a person who is a
13-5 member of the General Services Commission immediately before
13-6 September 1, 2001, from being appointed as a member of the new
13-7 Texas Building and Procurement Commission if the person has the
13-8 qualifications required for the position under Chapter 2152,
13-9 Government Code, as amended by this Act.
13-10 SECTION 1.20. Section 2152.0581, Government Code, as added
13-11 by this Act, takes effect January 31, 2003.
13-12 SECTION 1.21. The executive director, associate deputy
13-13 directors, and division directors of the General Services
13-14 Commission serving on the effective date of this Act become
13-15 employees of the Texas Building and Procurement Commission as
13-16 provided by this Act, but they do not automatically become the
13-17 executive director, associate deputy directors, and division
13-18 directors of the Texas Building and Procurement Commission. To
13-19 become the executive director, associate deputy directors, and
13-20 division directors of the Texas Building and Procurement
13-21 Commission, they must apply for the positions and their employments
13-22 in those capacities must be approved by the Texas Building and
13-23 Procurement Commission.
13-24 ARTICLE 2. MULTIPLE AWARD CONTRACTS FOR STATE AND LOCAL
13-25 GOVERNMENT PURCHASES
13-26 SECTION 2.01. Chapter 2155, Government Code, is amended by
14-1 adding Subchapter I to read as follows:
14-2 SUBCHAPTER I. MULTIPLE AWARD CONTRACT SCHEDULE
14-3 Sec. 2155.501. DEFINITIONS. In this subchapter:
14-4 (1) "Department" means the Department of Information
14-5 Resources.
14-6 (2) "Local government" has the meaning assigned by
14-7 Section 271.101, Local Government Code.
14-8 (3) "Multiple award contract" means an award of a
14-9 contract for an indefinite amount of one or more similar goods or
14-10 services from a vendor.
14-11 (4) "Schedule" means a list of multiple award
14-12 contracts from which agencies may purchase goods and services.
14-13 Sec. 2155.502. DEVELOPMENT OF MULTIPLE AWARD CONTRACT
14-14 SCHEDULE. (a) The commission shall develop a schedule of multiple
14-15 award contracts that have been previously awarded using a
14-16 competitive process by:
14-17 (1) the federal government, including the federal
14-18 General Services Administration; or
14-19 (2) any other governmental entity in any state.
14-20 (b) In developing the schedule under Subsection (a), the
14-21 commission shall modify any contractual terms, with the agreement
14-22 of the parties to the contract, as necessary to comply with any
14-23 federal or state requirements, including rules adopted under this
14-24 subchapter.
14-25 (c) The commission may not list a multiple award contract on
14-26 a schedule developed under this section if the goods or services
15-1 provided by that contract:
15-2 (1) are available from only one vendor; or
15-3 (2) are telecommunications services, facilities, or
15-4 equipment.
15-5 (d) In this section, "telecommunications" has the meaning
15-6 assigned by Section 2054.003.
15-7 Sec. 2155.503. RULES. (a) The commission and the
15-8 department shall adopt rules to implement this subchapter. The
15-9 rules must:
15-10 (1) establish standard terms for contracts listed on a
15-11 schedule; and
15-12 (2) maintain consistency with existing purchasing
15-13 standards.
15-14 (b) The commission and the department shall consult with the
15-15 attorney general and the comptroller in developing rules under this
15-16 section.
15-17 Sec. 2155.504. USE OF SCHEDULE BY GOVERNMENTAL ENTITIES.
15-18 (a) A state agency or local government may purchase goods or
15-19 services directly from a vendor under a contract listed on a
15-20 schedule developed under this subchapter. A purchase authorized by
15-21 this section satisfies any requirement of state law relating to
15-22 competitive bids or proposals and satisfies any applicable
15-23 requirements of Chapter 2157.
15-24 (b) The price listed for a good or service under a multiple
15-25 award contract is a maximum price. An agency or local government
15-26 may negotiate a lower price for goods or services under a contract
16-1 listed on a schedule developed under this subchapter.
16-2 Sec. 2155.505. HISTORICALLY UNDERUTILIZED AND SMALL
16-3 BUSINESSES. (a) In this section:
16-4 (1) "Historically underutilized business" has the
16-5 meaning assigned by Section 2161.001.
16-6 (2) "Small business" means a small business concern as
16-7 defined by regulations of the United States Small Business
16-8 Administration in 13 C.F.R. Section 121.201.
16-9 (b) The commission shall strongly encourage each vendor with
16-10 a contract listed on a schedule developed under this subchapter and
16-11 who is not a historically underutilized business or small business
16-12 to use historically underutilized or small businesses to sell or
16-13 provide a service under the contract. If a vendor does not make a
16-14 good faith effort to use historically underutilized and small
16-15 businesses under the contract, the commission may exclude the
16-16 vendor from being listed on a schedule developed under this
16-17 subchapter.
16-18 (c) A historically underutilized business or small business
16-19 may sell or provide a service under another vendor's contract
16-20 listed on a schedule developed under this subchapter if:
16-21 (1) the contract is on a schedule developed under
16-22 Section 2155.502;
16-23 (2) the vendor for the contract authorizes in writing
16-24 the historically underutilized business or small business to sell
16-25 or provide a service under that contract; and
16-26 (3) the historically underutilized business or small
17-1 business provides that written authorization to the commission.
17-2 Sec. 2155.506. REPORTING REQUIREMENTS. (a) A vendor listed
17-3 on a contract for a schedule developed under this subchapter shall
17-4 report its sales to the commission in the manner prescribed by the
17-5 commission.
17-6 (b) The commission shall compile the information reported
17-7 under Subsection (a) and include the information in its report
17-8 under Section 2101.011.
17-9 Sec. 2155.507. EXEMPTION FROM CATALOGUE PURCHASE METHOD FOR
17-10 INFORMATION SYSTEM VENDORS. Section 2157.062 does not apply to a
17-11 vendor who applies to be listed on a schedule developed under this
17-12 subchapter.
17-13 Sec. 2155.508. INTERNET AVAILABILITY. (a) The commission
17-14 shall develop a database of the multiple award contracts developed
17-15 under this subchapter and make that information available on an
17-16 Internet site. The database must have search capabilities that
17-17 allow a person to easily access the contracts.
17-18 (b) The commission shall allow vendors to apply through the
17-19 Internet site to be listed on a schedule developed under this
17-20 subchapter. The applicant shall provide an electronic mail address
17-21 to the commission as part of the application process.
17-22 (c) The department shall post appropriate information
17-23 regarding contracts developed under this subchapter to any
17-24 electronic procurement system developed under Chapter 2177. On
17-25 request by the department, the commission and any vendor with a
17-26 contract on a schedule developed under this subchapter shall
18-1 provide to the department any information necessary for posting on
18-2 the system.
18-3 Sec. 2155.509. NOTICE REGARDING PROCUREMENTS EXCEEDING
18-4 $25,000. After a purchase order has been placed, a state agency
18-5 subject to Section 2155.083 shall post, as required under that
18-6 section, a procurement made under a contract listed on a schedule
18-7 developed under this subchapter.
18-8 SECTION 2.02. Subsection (a), Section 2155.079, Government
18-9 Code, is amended to read as follows:
18-10 (a) The commission shall adopt rules specifying the
18-11 circumstances under which it is advantageous for the state to allow
18-12 a state agency to purchase goods or services under a contract made
18-13 by another state agency other than the commission, including as
18-14 provided under Subchapter I.
18-15 SECTION 2.03. (a) Not later than March 1, 2002, the Texas
18-16 Building and Procurement Commission shall develop initial schedules
18-17 of multiple award contracts under Section 2155.502, Government
18-18 Code, as added by this Act.
18-19 (b) Not later than January 1, 2002, the Texas Building and
18-20 Procurement Commission shall adopt the rules required by Subchapter
18-21 I, Chapter 2155, Government Code, as added by this Act.
18-22 ARTICLE 3. OVERSIGHT OF MAJOR INFORMATION RESOURCES PROJECTS
18-23 SECTION 3.01. Section 2054.003, Government Code, is amended
18-24 by adding a new Subdivision (8) and renumbering existing
18-25 Subdivisions (8), (9), and (10) as Subdivisions (9), (10), and (11)
18-26 to read as follows:
19-1 (8) "Major information resources project" means:
19-2 (A) any information resources technology project
19-3 identified in a state agency's biennial operating plan whose
19-4 development costs exceed $1 million and that:
19-5 (i) requires one year or longer to reach
19-6 operations status;
19-7 (ii) involves more than one state agency;
19-8 or
19-9 (iii) substantially alters work methods of
19-10 state agency personnel or the delivery of services to clients; and
19-11 (B) any information resources technology project
19-12 designated by the legislature in the General Appropriations Act as
19-13 a major information resources project.
19-14 (9) "Project" means a program to provide information
19-15 resources technologies support to functions within or among
19-16 elements of a state agency, that ideally is characterized by
19-17 well-defined parameters, specific objectives, common benefits,
19-18 planned activities, a scheduled completion date, and an established
19-19 budget with a specified source of funding.
19-20 (10) [(9)] "State agency" means a department,
19-21 commission, board, office, council, or other agency in the
19-22 executive or judicial branch of state government that is created by
19-23 the constitution or a statute of this state, including a university
19-24 system or institution of higher education as defined by Section
19-25 61.003, Education Code.
19-26 (11) [(10)] "Telecommunications" means any
20-1 transmission, emission, or reception of signs, signals, writings,
20-2 images, or sounds of intelligence of any nature by wire, radio,
20-3 optical, or other electromagnetic systems. The term includes all
20-4 facilities and equipment performing those functions that are owned,
20-5 leased, or used by state agencies and branches of state government.
20-6 SECTION 3.02. Subchapter F, Chapter 2054, Government Code,
20-7 is amended by adding Section 2054.1181 to read as follows:
20-8 Sec. 2054.1181. OVERSIGHT OF MAJOR INFORMATION RESOURCES
20-9 PROJECTS. (a) The department shall create a division in the
20-10 department to oversee the implementation of major information
20-11 resources projects.
20-12 (b) In performing its duties under this section, the
20-13 department shall:
20-14 (1) develop policies for the oversight of projects;
20-15 (2) implement project management standards;
20-16 (3) use effective risk management strategies;
20-17 (4) establish standards that promote the ability of
20-18 information resources systems to operate with each other; and
20-19 (5) use industry best practices and process
20-20 reengineering when feasible.
20-21 (c) The division shall be funded from a percentage of money
20-22 appropriated to or budgeted by state agencies for the major
20-23 information resources projects designated by the legislature under
20-24 Section 2054.003(8)(B). The legislature shall prescribe the
20-25 percentage or percentages, as applicable, in the General
20-26 Appropriations Act.
21-1 SECTION 3.03. Subsection (d), Section 2054.118, Government
21-2 Code, is repealed.
21-3 ARTICLE 4. TELECOMMUNICATIONS
21-4 SECTION 4.01. Subsection (e), Section 2054.051, Government
21-5 Code, is amended to read as follows:
21-6 (e) The department shall provide for all interagency use of
21-7 information resources technologies by state agencies[, except for
21-8 telecommunications services provided by the General Services
21-9 Commission under other law]. The department may provide for
21-10 interagency use of information resources technologies either
21-11 directly or by certifying another state agency to provide specified
21-12 uses of information resources technologies to other state agencies.
21-13 SECTION 4.02. Subsection (d), Section 2054.091, Government
21-14 Code, is amended to read as follows:
21-15 (d) The executive director shall appoint an advisory
21-16 committee to assist in the preparation of the state strategic plan.
21-17 The members of the advisory committee appointed by the executive
21-18 director must be approved by the board and must include officers or
21-19 employees of state government. The telecommunications planning and
21-20 oversight council shall appoint one of its members to serve as a
21-21 member of the advisory committee.
21-22 SECTION 4.03. The heading to Subchapter H, Chapter 2054,
21-23 Government Code, is amended to read as follows:
21-24 SUBCHAPTER H. TELECOMMUNICATIONS PLANNING
21-25 AND OVERSIGHT COUNCIL [GROUP]
21-26 SECTION 4.04. Section 2054.201, Government Code, is amended
22-1 to read as follows:
22-2 Sec. 2054.201. COMPOSITION; TERMS. (a) The
22-3 telecommunications planning and oversight council [group] is
22-4 composed of:
22-5 (1) a representative of the comptroller's office,
22-6 appointed by the comptroller;
22-7 (2) the executive director of the Telecommunications
22-8 Infrastructure Fund Board;
22-9 (3) a representative of the Texas Building and
22-10 Procurement Commission, appointed by the executive director of the
22-11 commission;
22-12 (4) a member representing the interests of state
22-13 agencies with 1,000 employees or more, appointed by the lieutenant
22-14 governor;
22-15 (5) a member representing the interests of state
22-16 agencies with fewer than 1,000 employees, appointed by the speaker
22-17 of the house of representatives;
22-18 (6) a member representing the interests of
22-19 institutions of higher education, appointed by the commissioner of
22-20 higher education;
22-21 (7) a member representing the interests of The
22-22 University of Texas System, appointed by the chancellor;
22-23 (8) a member representing the interests of The Texas
22-24 A&M University System, appointed by the chancellor;
22-25 (9) a member representing the interests of public
22-26 school districts that are customers of the consolidated
23-1 telecommunications system, appointed by the governor;
23-2 (10) a member representing the interests of local
23-3 governments that are customers of the consolidated
23-4 telecommunications system, appointed by the governor; and
23-5 (11) two public members with telecommunications
23-6 expertise, appointed by the governor [the comptroller, the
23-7 executive director of the department, and the executive director of
23-8 the General Services Commission].
23-9 (b) Appointed members of the telecommunications planning and
23-10 oversight council serve two-year terms, except that the
23-11 representative of the comptroller's office serves at the discretion
23-12 of the comptroller and the representative of the Texas Building and
23-13 Procurement Commission serves at the discretion of the executive
23-14 director of the commission [Each member of the group may designate
23-15 an employee of the member's agency to serve in the member's place].
23-16 (c) Members of the telecommunications planning and oversight
23-17 council who represent a state agency shall abstain from any action
23-18 taken by the council regarding a request for a waiver under Section
23-19 2170.051 from the state agency that is represented by the member.
23-20 SECTION 4.05. Subchapter H, Chapter 2054, Government Code,
23-21 is amended by adding Section 2054.2011 to read as follows:
23-22 Sec. 2054.2011. DEFINITIONS. In this subchapter:
23-23 (1) "Centralized capitol complex telephone system"
23-24 means the system described in Section 2170.059.
23-25 (2) "Consolidated telecommunications system" has the
23-26 meaning assigned by Section 2170.001.
24-1 SECTION 4.06. Section 2054.202, Government Code, is amended
24-2 to read as follows:
24-3 Sec. 2054.202. ADMINISTRATIVE PROVISIONS. (a) The
24-4 telecommunications planning and oversight council [group] shall
24-5 post notice of its meetings in accordance with the open meetings
24-6 law, Chapter 551, in the manner required for a state governmental
24-7 body under that chapter.
24-8 (b) The department shall provide [coordinate] the staff and
24-9 administrative support necessary for [provided to] the
24-10 telecommunications planning and oversight council to perform its
24-11 duties under this subchapter [group by the department, by the
24-12 comptroller, and by the General Services Commission].
24-13 (c) The telecommunications planning and oversight council
24-14 [group] may periodically elect one of its members to serve as
24-15 presiding officer of the council [group].
24-16 SECTION 4.07. Section 2054.203, Government Code, is amended
24-17 by amending Subsections (a) through (d) and adding Subsection (g)
24-18 to read as follows:
24-19 (a) The telecommunications planning and oversight council
24-20 [group] shall comprehensively collect and manage telecommunications
24-21 network configuration information about existing and planned
24-22 telecommunications networks throughout state government.
24-23 (b) The telecommunications planning and oversight council
24-24 [group] may require state agencies to submit to the council [group]
24-25 the agencies' network configuration information, but the council
24-26 [group] must use existing reports to gather the information if
25-1 possible and minimize the reporting burden on agencies to the
25-2 extent possible.
25-3 (c) The telecommunications planning and oversight council
25-4 [group] shall establish plans and policies for a system of
25-5 telecommunications services to be managed and operated by the
25-6 department [General Services Commission].
25-7 (d) The telecommunications planning and oversight council
25-8 [group] shall develop a statewide telecommunications operating plan
25-9 for all state agencies. The plan shall implement a statewide
25-10 network and include technical specifications that are binding on
25-11 the department [General Services Commission].
25-12 (g) The telecommunications planning and oversight council
25-13 shall perform strategic planning for all state telecommunications
25-14 services in accordance with the guiding principles of the state
25-15 strategic plan for information resources management.
25-16 SECTION 4.08. Subsections (a) and (c), Section 2054.204,
25-17 Government Code, are amended to read as follows:
25-18 (a) The telecommunications planning and oversight council
25-19 [group] shall develop a plan for a state telecommunications network
25-20 that will effectively and efficiently meet the long-term
25-21 requirements of state government for voice, video, and computer
25-22 communications, with the goal of achieving a single centralized
25-23 telecommunications network for state government.
25-24 (c) The plan must incorporate efficiencies obtained through
25-25 the use of shared transmission services and open systems
25-26 architecture as they become available, building on existing systems
26-1 as appropriate. In developing the plan, the telecommunications
26-2 planning and oversight council [group] shall make use of the
26-3 technical expertise of state agencies, including institutions of
26-4 higher education.
26-5 SECTION 4.09. Section 2054.205, Government Code, is amended
26-6 to read as follows:
26-7 Sec. 2054.205. DEVELOPMENT OF SYSTEM. (a) The
26-8 telecommunications planning and oversight council [group] shall
26-9 develop functional requirements for a statewide system of
26-10 telecommunications services for all state agencies. Existing
26-11 networks, as configured on September 1, 1991, of institutions of
26-12 higher education are exempt from the requirements.
26-13 (b) The telecommunications planning and oversight council
26-14 [group] shall develop requests for information and proposals for a
26-15 statewide system of telecommunications services for all state
26-16 agencies.
26-17 (c) The telecommunications planning and oversight council
26-18 [group] shall negotiate rates and execute contracts with
26-19 telecommunications service providers for services. The
26-20 telecommunications planning and oversight council [group] may:
26-21 (1) acquire transmission facilities by purchase,
26-22 lease, or lease-purchase in accordance with Chapters 2155-2158; and
26-23 (2) develop, establish, and maintain carrier systems
26-24 necessary to the operation of the telecommunications system.
26-25 SECTION 4.10. Subchapter H, Chapter 2054, Government Code,
26-26 is amended by adding Section 2054.2051 to read as follows:
27-1 Sec. 2054.2051. OVERSIGHT OF SYSTEMS. (a) The
27-2 telecommunications planning and oversight council shall develop
27-3 service objectives for the consolidated telecommunications system
27-4 and the centralized capitol complex telephone system.
27-5 (b) The telecommunications planning and oversight council
27-6 shall develop performance measures for the operations and staff of
27-7 the consolidated telecommunications system and the centralized
27-8 capitol complex telephone system.
27-9 (c) The telecommunications planning and oversight council
27-10 shall review every three months the status of all projects related
27-11 to and the financial performance of the consolidated
27-12 telecommunications system and the centralized capitol complex
27-13 telephone system, including a comparison between actual performance
27-14 and projected goals.
27-15 (d) The telecommunications planning and oversight council
27-16 shall make recommendations to the board on ways to improve the
27-17 operation of the consolidated telecommunications system and the
27-18 centralized capitol complex telephone system based on its review of
27-19 their performance and on concerns raised by using entities.
27-20 SECTION 4.11. Section 2054.206, Government Code, is amended
27-21 to read as follows:
27-22 Sec. 2054.206. ANNUAL REPORT. The telecommunications
27-23 planning and oversight council shall submit an annual report to the
27-24 department and to each entity served by the consolidated
27-25 telecommunications system or the centralized capitol complex
27-26 telephone system. The report must include:
28-1 (1) information about the accomplishment of service
28-2 objectives and other performance measures for management of the
28-3 consolidated telecommunications system and the centralized capitol
28-4 complex telephone system;
28-5 (2) information about the accounting and financial
28-6 performance of the consolidated telecommunications system and the
28-7 centralized capitol complex telephone system;
28-8 (3) estimates of savings to entities served by the
28-9 consolidated telecommunications system over standard rates
28-10 available to state agencies who acquire telecommunications services
28-11 directly;
28-12 (4) trends in network use, including the number of
28-13 users, workstations, and locations supported; and
28-14 (5) rate information for services provided by the
28-15 consolidated telecommunications system and the centralized capitol
28-16 complex telephone system. [ADVISORY AGENCIES. The following state
28-17 agencies shall formally advise the telecommunications planning
28-18 group and send representatives to meetings of the group:]
28-19 [(1) the Texas Education Agency;]
28-20 [(2) the Texas Higher Education Coordinating Board;]
28-21 [(3) The Texas A&M University System;]
28-22 [(4) The University of Texas System;]
28-23 [(5) the Telecommunications Infrastructure Fund Board;
28-24 and]
28-25 [(6) the Texas State Library and Archives Commission.]
28-26 SECTION 4.12. Section 2054.207, Government Code, is amended
29-1 to read as follows:
29-2 Sec. 2054.207. REPORT TO LEGISLATURE. The
29-3 telecommunications planning and oversight council [group] shall
29-4 report biennially to the legislature not later than October 1 of
29-5 each even-numbered year on the status of the current plan for a
29-6 state telecommunications network and on the progress state
29-7 government has made towards accomplishing the goals of the plan.
29-8 The report shall address consolidated telecommunications system
29-9 performance, centralized capitol complex telephone system
29-10 performance, telecommunications system needs, and recommended
29-11 statutory changes to enhance system capability and
29-12 cost-effectiveness.
29-13 SECTION 4.13. Subdivision (1), Section 2157.001, Government
29-14 Code, is amended to read as follows:
29-15 (1) "Automated information system" includes:
29-16 (A) the computers and computer devices on which
29-17 an information system is automated, including computers and
29-18 computer devices that the commission identifies in guidelines
29-19 developed by the commission in consultation with the Department of
29-20 Information Resources and in accordance with Chapter 2054 and rules
29-21 adopted under that chapter;
29-22 (B) a service related to the automation of an
29-23 information system, including computer software or computers;
29-24 (C) a telecommunications apparatus or device
29-25 that serves as a component of a voice, data, or video
29-26 communications network for transmitting, switching, routing,
30-1 multiplexing, modulating, amplifying, or receiving signals on the
30-2 network, and services related to telecommunications that are not
30-3 covered under Paragraph (D); and
30-4 (D) for the Department of Information Resources
30-5 [General Services Commission], as telecommunications provider for
30-6 the state, the term includes any service provided by a
30-7 telecommunications provider, as that term is defined by Section
30-8 51.002, Utilities Code.
30-9 SECTION 4.14. Section 2157.121, Government Code, is amended
30-10 by amending Subsection (b) and adding Subsection (c) to read as
30-11 follows:
30-12 (b) A state agency, other than the Department of Information
30-13 Resources, shall send its proposal specifications and criteria to
30-14 the commission for approval or request the commission to develop
30-15 the proposal specifications and criteria.
30-16 (c) The Department of Information Resources may acquire a
30-17 telecommunications device, system, or service or an automated
30-18 information system by using competitive sealed proposals without
30-19 regard to whether the commission makes the determination required
30-20 under Subsection (a) for other state agencies.
30-21 SECTION 4.15. Subsection (a), Section 2170.001, Government
30-22 Code, is amended by adding Subdivision (3) to read as follows:
30-23 (3) "Department" means the Department of Information
30-24 Resources.
30-25 SECTION 4.16. Section 2170.002, Government Code, is amended
30-26 to read as follows:
31-1 Sec. 2170.002. DEPARTMENT [COMMISSION] RESPONSIBLE FOR
31-2 OBTAINING TELECOMMUNICATIONS SERVICES. The department [commission]
31-3 is the state agency responsible for obtaining telecommunications
31-4 services.
31-5 SECTION 4.17. Section 2170.003, Government Code, is amended
31-6 to read as follows:
31-7 Sec. 2170.003. OWNERSHIP OR LEASE OF NECESSARY EQUIPMENT.
31-8 The department [commission] may own, lease, or lease-purchase in
31-9 accordance with Chapters 2155, 2156, 2157, and 2158 any or all of
31-10 the facilities or equipment necessary to provide telecommunications
31-11 services.
31-12 SECTION 4.18. Section 2170.004, Government Code, is amended
31-13 to read as follows:
31-14 Sec. 2170.004. CONTRACTS WITH ENTITIES OTHER THAN STATE
31-15 AGENCIES. The department [commission] may contract for use of the
31-16 consolidated telecommunications system with:
31-17 (1) each house of the legislature;
31-18 (2) a legislative agency;
31-19 (3) an agency that is not a state agency as defined by
31-20 Section 2151.002; [and]
31-21 (4) a political subdivision, including a county,
31-22 municipality, or district; and
31-23 (5) a private institution of higher education
31-24 accredited by a recognized accrediting agency, as defined by
31-25 Section 61.003, Education Code, that:
31-26 (A) engages in distance learning, as defined by
32-1 Section 57.021, Utilities Code; and
32-2 (B) receives federal funds for distance learning
32-3 initiatives.
32-4 SECTION 4.19. Subsections (a) and (c), Section 2170.005,
32-5 Government Code, are amended to read as follows:
32-6 (a) To ensure efficient operation of the consolidated
32-7 telecommunications system at minimum cost to the state, the
32-8 department [commission] shall adopt and disseminate to all agencies
32-9 appropriate guidelines, operating procedures, and telephone
32-10 directories.
32-11 (c) Telephone directories published by the department
32-12 [commission] under this section and Section 2170.059 must be
32-13 revised regularly and must list state telephone numbers
32-14 alphabetically by the subject matter of agency programs as well as
32-15 alphabetically by agency. The subject matter listing of programs
32-16 and telephone numbers in the telephone directories must be
32-17 consistent with the categorization developed by the Records
32-18 Management Interagency Coordinating Council under Section 441.203
32-19 [441.053]. The department [commission] may authorize, under
32-20 procedures and rules considered appropriate by the department
32-21 [commission], a yellow pages advertising section in the directories
32-22 to recover development, publication, and distribution costs of the
32-23 directories.
32-24 SECTION 4.20. Section 2170.006, Government Code, is amended
32-25 to read as follows:
32-26 Sec. 2170.006. COST-EFFECTIVENESS OF SYSTEM. (a) The
33-1 department [commission], with the advice of the state auditor,
33-2 shall maintain records relating to the consolidated
33-3 telecommunications system necessary to enable the department
33-4 [commission] to analyze the cost-effectiveness of the system to
33-5 state agencies.
33-6 (b) The department [commission] shall advise the legislature
33-7 at each session about the system's cost-effectiveness.
33-8 SECTION 4.21. Section 2170.008, Government Code, is amended
33-9 to read as follows:
33-10 Sec. 2170.008. RATE INTERVENTION. (a) If the department
33-11 [commission] determines there is sufficient economic impact on
33-12 state government, the department [commission] may intervene on
33-13 behalf of state agencies in telecommunications rate cases and may
33-14 hire special counsel and expert witnesses to prepare and present
33-15 testimony.
33-16 (b) The attorney general shall represent the department
33-17 [commission] before the courts in all appeals from rate cases in
33-18 which the department [commission] intervenes.
33-19 SECTION 4.22. Subsections (a) and (c), Section 2170.009,
33-20 Government Code, are amended to read as follows:
33-21 (a) A pay telephone may be located in the capitol complex
33-22 only with the approval of the department [commission]. The
33-23 department [commission] shall collect the revenue from the
33-24 installation and operation of the pay telephone and deposit it to
33-25 the credit of the general revenue fund.
33-26 (c) The department [commission] or other state entity shall
34-1 account for the revenue collected under this section in the
34-2 entity's annual report.
34-3 SECTION 4.23. Section 2170.051, Government Code, is amended
34-4 to read as follows:
34-5 Sec. 2170.051. MANAGEMENT AND USE OF SYSTEM. (a) The
34-6 department [commission] shall manage the operation of a system of
34-7 telecommunications services for all state agencies. Each agency
34-8 shall identify its particular requirements for telecommunications
34-9 services and the site at which the services are to be provided.
34-10 (b) The department [commission] shall fulfill the
34-11 telecommunications requirements of each state agency to the extent
34-12 possible and to the extent that money is appropriated or available
34-13 for that purpose.
34-14 (c) A state agency shall use the consolidated
34-15 telecommunications system to the fullest extent possible. A state
34-16 agency may not acquire telecommunications services unless the
34-17 telecommunications planning and oversight council [group]
34-18 determines that the agency's requirement for telecommunications
34-19 services cannot be met at a comparable cost by the consolidated
34-20 telecommunications system.
34-21 (d) A state agency may not enter into or renew a contract
34-22 with a carrier or other provider of telecommunications services
34-23 without obtaining a waiver from the telecommunications planning and
34-24 oversight council [group] certifying that the requested
34-25 telecommunications services cannot be provided at a comparable cost
34-26 on the consolidated telecommunications system. The
35-1 telecommunications planning and oversight council [group] shall
35-2 evaluate requests for waivers based on cost-effectiveness to the
35-3 state government as a whole. A waiver may be granted only for a
35-4 specific period and will automatically expire on the stated
35-5 expiration date unless an extension is approved by the
35-6 telecommunications planning and oversight council [group]. A
35-7 contract for telecommunications services obtained under waiver may
35-8 not extend beyond the expiration date of the waiver. If the
35-9 telecommunications planning and oversight council [group] becomes
35-10 aware of any state agency receiving telecommunications services
35-11 without a waiver, the telecommunications planning and oversight
35-12 council [group] shall notify the agency and the comptroller. The
35-13 state agency shall have 60 days after notification by the
35-14 telecommunications planning and oversight council [group] in which
35-15 to submit a waiver request to the telecommunications planning and
35-16 oversight council [group] documenting the agency's reasons
35-17 [reasoning] for bypassing the consolidated telecommunications
35-18 system and otherwise providing all information required by the
35-19 waiver application form.
35-20 SECTION 4.24. Section 2170.052, Government Code, is amended
35-21 to read as follows:
35-22 Sec. 2170.052. BALANCING TECHNOLOGICAL ADVANCEMENTS AND
35-23 EXISTING FACILITIES. In the planning, design, implementation, and
35-24 operation of the consolidated telecommunications system, the
35-25 department [commission] shall maintain an appropriate balance
35-26 between the adoption of technological advancements and the
36-1 efficient use of existing facilities and services to avoid
36-2 misapplication of state money and degradation or loss of the
36-3 integrity of existing systems and facilities.
36-4 SECTION 4.25. Section 2170.056, Government Code, is amended
36-5 to read as follows:
36-6 Sec. 2170.056. COSTS TO STATE OF PARALLEL TOLLS. All
36-7 contracts with telecommunications carriers shall provide that the
36-8 department [commission] or any participating agency may obtain any
36-9 information relating to the costs to the state of parallel tolls.
36-10 SECTION 4.26. Subsections (a), (c), and (d), Section
36-11 2170.057, Government Code, are amended to read as follows:
36-12 (a) The department [commission] shall develop a system of
36-13 billings and charges for services provided in operating and
36-14 administering the consolidated telecommunications system that
36-15 allocates the total state cost to each entity served by the system
36-16 based on proportionate usage.
36-17 (c) To provide an adequate cash flow as necessary for
36-18 purposes of this chapter, using state agencies and other entities,
36-19 on proper notification, shall make monthly payments into the
36-20 telecommunications revolving fund account from appropriated or
36-21 other available money. The legislature may appropriate money for
36-22 operating the system directly to the department [commission], in
36-23 which case the revolving fund account shall be used to receive
36-24 money due from local governmental entities and other agencies to
36-25 the extent that their money is not subject to legislative
36-26 appropriation.
37-1 (d) The department [commission] shall maintain in the
37-2 revolving fund account sufficient amounts to pay the bills of the
37-3 consolidated telecommunications system and the centralized capitol
37-4 complex telephone system. The department [commission] shall
37-5 certify amounts that exceed this amount to the comptroller, and the
37-6 comptroller shall transfer the excess amounts to the credit of the
37-7 statewide network applications account established by Section
37-8 2054.011 [22A, Information Resources Management Act (Article
37-9 4413(32j), Revised Statutes)].
37-10 SECTION 4.27. Subsections (b) and (c), Section 2170.058,
37-11 Government Code, are amended to read as follows:
37-12 (b) The department [commission] shall adopt rules that
37-13 govern student access to the system, including:
37-14 (1) times of access to the system; and
37-15 (2) the full recovery of actual costs from each
37-16 student who uses the system.
37-17 (c) In consideration of the duties and responsibilities
37-18 given the department [commission] under this chapter [subtitle], it
37-19 is the policy of this state that a state agency or unit of state
37-20 government may not provide telecommunications products or services
37-21 to the general public in competition with private enterprise unless
37-22 there is a finding that providing the products or services is in
37-23 the public interest. This subsection does not prohibit students
37-24 who reside in housing for which institutions of higher education
37-25 provide telephone service from using service provided under this
37-26 section.
38-1 SECTION 4.28. Section 2170.059, Government Code, is amended
38-2 to read as follows:
38-3 Sec. 2170.059. CENTRALIZED CAPITOL COMPLEX TELEPHONE SYSTEM.
38-4 (a) The department [commission] shall provide centralized
38-5 telephone service for state agencies, each house of the
38-6 legislature, and legislative agencies in the capitol complex.
38-7 State agencies in the capitol complex shall use the service. Each
38-8 house of the legislature and each legislative agency shall use the
38-9 service at the discretion of the legislature. The department
38-10 [commission] may provide the service to other state agencies that
38-11 subscribe to it.
38-12 (b) Each using entity shall make monthly payments to the
38-13 department [commission] when billed by the department [commission].
38-14 (c) Each using entity may arrange for its own terminal
38-15 telephone equipment, but the equipment must be compatible with the
38-16 centralized telephone service. The department [commission] shall
38-17 make terminal equipment available for using entities that choose to
38-18 use that terminal equipment.
38-19 (d) The department [commission] annually shall prepare and
38-20 issue a revised centralized telephone service directory not later
38-21 than March 31.
38-22 SECTION 4.29. Subchapter B, Chapter 2170, Government Code,
38-23 is amended by adding Section 2170.060 to read as follows:
38-24 Sec. 2170.060. QUARTERLY REPORT. The department shall
38-25 quarterly submit a report to the telecommunications planning and
38-26 oversight council on:
39-1 (1) the department's accomplishment of service
39-2 objectives and other performance measures;
39-3 (2) the financial performance of the consolidated
39-4 telecommunications system and the centralized capitol complex
39-5 telephone system; and
39-6 (3) the status of projects for the consolidated
39-7 telecommunications system and the centralized capitol complex
39-8 telephone system.
39-9 SECTION 4.30. Subsection (e), Section 2054.091, Government
39-10 Code, is repealed.
39-11 SECTION 4.31. Section 2170.007, Government Code, is
39-12 repealed.
39-13 SECTION 4.32. (a) The telecommunications planning group is
39-14 abolished.
39-15 (b) The governor, the lieutenant governor, the speaker of
39-16 the house of representatives, the comptroller of public accounts,
39-17 the executive director of the Texas Building and Procurement
39-18 Commission, the commissioner of higher education, the chancellor of
39-19 The University of Texas System, and the chancellor of The Texas A&M
39-20 University System shall make appointments to the telecommunications
39-21 planning and oversight council in accordance with Section 2054.201,
39-22 Government Code, as amended by this Act, as soon as possible after
39-23 September 1, 2001.
39-24 (c) Any powers, duties, rights, contracts, appropriations,
39-25 property, and records of the telecommunications planning group are
39-26 transferred to the telecommunications planning and oversight
40-1 council as created by this Act.
40-2 (d) A rule, policy, plan, waiver, standard, requirement, or
40-3 guideline of the telecommunications planning group continues in
40-4 effect as a rule, policy, plan, waiver, standard, requirement, or
40-5 guideline of the telecommunications planning and oversight council
40-6 until it is superseded by an act of the telecommunications planning
40-7 and oversight council as created by this Act or until it expires
40-8 according to its terms or by operation of law.
40-9 (e) The validity of a rule, policy, plan, requirement,
40-10 guideline, or procedure adopted, waiver granted, contract or
40-11 acquisition made, obligation incurred, right accrued, or other
40-12 action taken by or in connection with the authority of the
40-13 telecommunications planning group before it is abolished under
40-14 Subsection (a) of this section is not affected by the abolishment.
40-15 SECTION 4.33. The telecommunications planning and oversight
40-16 council shall issue the first annual report required under Section
40-17 2054.206, Government Code, as amended by this Act, not later than
40-18 September 1, 2002.
40-19 ARTICLE 5. STATEWIDE CONTRACT MANAGEMENT
40-20 SECTION 5.01. Subtitle F, Title 10, Government Code, is
40-21 amended by adding Chapter 2262 to read as follows:
40-22 CHAPTER 2262. STATEWIDE CONTRACT MANAGEMENT
40-23 SUBCHAPTER A. GENERAL PROVISIONS
40-24 Sec. 2262.001. DEFINITIONS. In this chapter:
40-25 (1) "Team" means the Contract Advisory Team created
40-26 under Subchapter C.
41-1 (2) "Contract management guide" means the guide
41-2 developed under Section 2262.051.
41-3 (3) "Contract manager" means a person who:
41-4 (A) is employed by a state agency; and
41-5 (B) has significant contract management duties
41-6 for the state agency, as determined by the agency in consultation
41-7 with the state auditor.
41-8 (4) "Major contract" means a contract that has a value
41-9 of at least $1 million.
41-10 (5) "State agency" has the meaning provided by Section
41-11 2056.001.
41-12 Sec. 2262.002. EXEMPTIONS. (a) This chapter does not apply
41-13 to an institution of higher education as defined by Section 61.003,
41-14 Education Code.
41-15 (b) This chapter does not apply to contracts of the Texas
41-16 Department of Transportation that relate to highway construction or
41-17 highway engineering.
41-18 (Sections 2262.003-2262.050 reserved for expansion
41-19 SUBCHAPTER B. CONTRACT MANAGEMENT
41-20 Sec. 2262.051. CONTRACT MANAGEMENT GUIDE; RULES. (a) In
41-21 consultation with the Texas Building and Procurement Commission,
41-22 the Department of Information Resources, the comptroller, and the
41-23 state auditor, the attorney general shall develop and periodically
41-24 update a contract management guide for use by state agencies.
41-25 (b) The attorney general may adopt rules necessary to
41-26 develop the guide.
42-1 (c) The guide must provide information regarding the primary
42-2 duties of a contract manager, including how to:
42-3 (1) develop and negotiate a contract;
42-4 (2) select a contractor; and
42-5 (3) monitor contractor and subcontractor performance
42-6 under a contract.
42-7 (d) The guide must include model provisions for state agency
42-8 contracts. The guide must:
42-9 (1) distinguish between essential provisions that a
42-10 state agency must include in a contract to protect the interests of
42-11 this state and recommended provisions that a state agency may
42-12 include in a contract;
42-13 (2) recognize the unique contracting needs of an
42-14 individual state agency or program and provide sufficient
42-15 flexibility to accommodate those needs, consistent with protecting
42-16 the interests of this state; and
42-17 (3) include maximum contract periods under which a new
42-18 competitive solicitation is not necessary.
42-19 (e) The guide must recommend time frames under which a state
42-20 agency may issue a competitive solicitation for a major contract in
42-21 relation to the date on which the contract is to be executed.
42-22 (f) The guide must establish procedures by which a state
42-23 agency is required to consult with the team before issuing a
42-24 solicitation for a major contract. The procedures must establish a
42-25 process under which the team is required to review and comment on
42-26 whether to proceed with the solicitation. As detailed in the
43-1 procedures, the team may recommend that the agency use the services
43-2 of the attorney general or private counsel or of private
43-3 consultants who are experts in any technical matter that is the
43-4 subject of the major contract.
43-5 (g) The guide must establish procedures under which a state
43-6 agency is required to solicit explanations from qualified potential
43-7 respondents who did not respond to a competitive solicitation for a
43-8 contract on which fewer than two qualified bids were received by
43-9 the agency.
43-10 Sec. 2262.052. COMPLIANCE WITH GUIDE. (a) Each state
43-11 agency shall comply with the contract management guide.
43-12 (b) The state auditor shall:
43-13 (1) periodically monitor compliance with this section;
43-14 (2) report any noncompliance to:
43-15 (A) the governor;
43-16 (B) the lieutenant governor;
43-17 (C) the speaker of the house of representatives;
43-18 and
43-19 (D) the team; and
43-20 (3) assist, in coordination with the attorney general
43-21 and the comptroller, a noncomplying state agency to comply with
43-22 this section.
43-23 Sec. 2262.053. TRAINING. (a) In coordination with the
43-24 Texas Building and Procurement Commission, the comptroller, and the
43-25 Department of Information Resources, the state auditor shall
43-26 develop a training program for contract managers.
44-1 (b) The training must provide the contract manager with
44-2 information regarding how to:
44-3 (1) fairly and objectively select and negotiate with
44-4 the most qualified contractor;
44-5 (2) establish prices that are cost-effective and that
44-6 reflect the cost of providing the service;
44-7 (3) include provisions in a contract that hold the
44-8 contractor accountable for results;
44-9 (4) monitor and enforce a contract;
44-10 (5) make payments consistent with the contract; and
44-11 (6) comply with any requirements or goals contained in
44-12 the contract management guide.
44-13 (c) Each state agency shall ensure that the agency's
44-14 contract managers complete the training developed under this
44-15 section.
44-16 Sec. 2262.054. PUBLIC COMMENT. The attorney general by rule
44-17 may establish procedures by which each state agency is required to
44-18 invite public comment by publishing the proposed technical
44-19 specifications for major contracts on the Internet through the
44-20 information service known as the Texas Marketplace or through a
44-21 suitable successor information service. The guide must define
44-22 "technical specifications."
44-23 (Sections 2262.055-2262.100 reserved for expansion)
44-24 SUBCHAPTER C. CONTRACT ADVISORY TEAM
44-25 Sec. 2262.101. CREATION; DUTIES. The Contract Advisory Team
44-26 is created to assist state agencies in improving contract
45-1 management practices by:
45-2 (1) reviewing the solicitation of major contracts by
45-3 state agencies;
45-4 (2) reviewing any findings or recommendations made by
45-5 the state auditor, including those made under Section 2262.052(b),
45-6 regarding a state agency's compliance with the contract management
45-7 guide; and
45-8 (3) providing recommendations to:
45-9 (A) the attorney general regarding the
45-10 development of the contract management guide; and
45-11 (B) the state auditor regarding the training
45-12 under Section 2262.053.
45-13 Sec. 2262.102. MEMBERS. (a) The team consists of the
45-14 following five members:
45-15 (1) one member from the attorney general's office;
45-16 (2) one member from the comptroller's office;
45-17 (3) one member from the Department of Information
45-18 Resources;
45-19 (4) one member from the Texas Building and Procurement
45-20 Commission; and
45-21 (5) one member from the governor's office.
45-22 (b) The Legislative Budget Board and the state auditor shall
45-23 provide technical assistance to the team.
45-24 Sec. 2262.103. PERSONNEL. Each agency or officer with
45-25 representation on the team shall provide, at the request of the
45-26 team, staff to assist the team in carrying out its duties under
46-1 this chapter.
46-2 SECTION 5.02. Subsection (b), Section 2056.002, Government
46-3 Code, is amended to read as follows:
46-4 (b) The Legislative Budget Board and the Governor's Office
46-5 of Budget and Planning shall determine the elements required to be
46-6 included in each agency's strategic plan. Unless modified by the
46-7 Legislative Budget Board and the Governor's Office of Budget and
46-8 Planning, and except as provided by Subsection (c), a plan must
46-9 include:
46-10 (1) a statement of the mission and goals of the state
46-11 agency;
46-12 (2) a description of the indicators developed under
46-13 this chapter and used to measure the output and outcome of the
46-14 agency;
46-15 (3) identification of the groups of people served by
46-16 the agency, including those having service priorities, or other
46-17 service measures established by law, and estimates of changes in
46-18 those groups expected during the term of the plan;
46-19 (4) an analysis of the use of the agency's resources
46-20 to meet the agency's needs, including future needs, and an estimate
46-21 of additional resources that may be necessary to meet future needs;
46-22 (5) an analysis of expected changes in the services
46-23 provided by the agency because of changes in state or federal law;
46-24 (6) a description of the means and strategies for
46-25 meeting the agency's needs, including future needs, and achieving
46-26 the goals established under Section 2056.006 for each area of state
47-1 government for which the agency provides services;
47-2 (7) a description of the capital improvement needs of
47-3 the agency during the term of the plan and a statement, if
47-4 appropriate, of the priority of those needs;
47-5 (8) identification of each geographic region of this
47-6 state, including the Texas-Louisiana border region and the
47-7 Texas-Mexico border region, served by the agency, and if
47-8 appropriate the agency's means and strategies for serving each
47-9 region;
47-10 (9) a description of the training of the agency's
47-11 contract managers under Section 2262.053; and
47-12 (10) [(9)] other information that may be required.
47-13 SECTION 5.03. Not later than March 1, 2002, the members of
47-14 the Contract Advisory Team created under Section 2262.101,
47-15 Government Code, as added by this Act, shall be designated by the
47-16 appropriate state agency or officer.
47-17 SECTION 5.04. Not later than March 1, 2002, the attorney
47-18 general shall complete the contract management guide required by
47-19 Section 2262.051, Government Code, as added by this Act.
47-20 SECTION 5.05. (a) In this section:
47-21 (1) "Team" means the Contract Advisory Team created
47-22 under Subchapter C, Chapter 2262, Government Code, as added by this
47-23 Act.
47-24 (2) "Major contract" has the meaning provided by
47-25 Section 2262.001, Government Code, as added by this Act.
47-26 (3) "Solicitation" includes an invitation for bid,
48-1 request for proposal, request for offer, request for quote, or
48-2 other method for soliciting contracts in this state.
48-3 (4) "State agency" has the meaning provided by Section
48-4 2056.001, Government Code.
48-5 (b) Not later than March 1, 2002, each state agency shall
48-6 provide the team:
48-7 (1) a list of all unexpired major contracts entered
48-8 into by the agency for which a competitive bid was solicited before
48-9 September 1, 1998; and
48-10 (2) a plan for issuing new solicitations for those
48-11 contracts not later than September 1, 2003.
48-12 (c) The team may review and comment on the plan submitted
48-13 under Subsection (b) of this section.
48-14 (d) This section does not apply to contracts of the Texas
48-15 Department of Transportation that relate to highway construction or
48-16 highway engineering.
48-17 SECTION 5.06. Not later than December 31, 2002, one contract
48-18 manager designated by each state agency must have received the
48-19 training required by Subsection (c), Section 2262.053, Government
48-20 Code, as added by this Act.
48-21 SECTION 5.07. (a) Except as provided by Subsections (b) and
48-22 (c) of this section, this article takes effect September 1, 2001.
48-23 (b) Subsection (a), Section 2262.052, Government Code, as
48-24 added by this Act, takes effect January 1, 2003. A state agency
48-25 may comply with Subsection (a), Section 2262.052, Government Code,
48-26 before its effective date.
49-1 (c) A state agency is not required to comply with
49-2 Subdivision (9), Subsection (b), Section 2056.002, Government Code,
49-3 as added by this Act, until June 1, 2004.
49-4 ARTICLE 6. COMMERCIALLY AVAILABLE ACTIVITIES
49-5 SECTION 6.01. Subtitle D, Title 10, Government Code, is
49-6 amended by adding Chapter 2163 to read as follows:
49-7 CHAPTER 2163. COMMERCIALLY AVAILABLE ACTIVITIES
49-8 Sec. 2163.001. REVIEW PROCESS. (a) The commission shall
49-9 develop a systematic review process to identify commercially
49-10 available services being performed by the commission and study the
49-11 services to determine if they may be better provided by other state
49-12 agency providers of the services or private commercial sources.
49-13 (b) In reviewing its services, the commission shall:
49-14 (1) determine whether competitive vendors exist in the
49-15 private sector;
49-16 (2) compare the cost of contracting for the services
49-17 from other state agency providers of the services or private
49-18 commercial sources to the commission's cost of performing the
49-19 services; and
49-20 (3) document cost savings from contracting for the
49-21 services from other state agency providers of the services or
49-22 private commercial sources.
49-23 (c) Each commercially available service performed by the
49-24 commission shall be reviewed at least once every six years.
49-25 (d) The commission shall consult with the State Council on
49-26 Competitive Government as necessary in planning and conducting its
50-1 reviews under this subchapter.
50-2 Sec. 2163.002. COST COMPARISON AND CONTRACT CONSIDERATIONS.
50-3 (a) The commission shall consider all of its direct and indirect
50-4 costs in determining the cost of providing a service.
50-5 (b) In comparing the cost of providing a service, the
50-6 commission must include the:
50-7 (1) cost of supervising the work of a private
50-8 contractor; and
50-9 (2) cost to the state of the commission's performance
50-10 of the service, including:
50-11 (A) the costs of the office of the attorney
50-12 general and other support agencies; and
50-13 (B) other indirect costs related to the
50-14 commission's performance of the service.
50-15 Sec. 2163.003. CONTRACTING WITH ANOTHER STATE AGENCY OR
50-16 PRIVATE SOURCE. (a) If the commission determines that a service
50-17 can be performed with a comparable or better level of quality at a
50-18 savings to the state of at least 10 percent by using other state
50-19 agency providers of the service or a private commercial source, the
50-20 commission may contract with other state agency providers of the
50-21 services or private commercial sources for the service.
50-22 (b) The commission maintains responsibility for providing a
50-23 contracted service and shall set measurable performance standards
50-24 for a contractor.
50-25 Sec. 2163.004. PROHIBITION. The commission may not begin
50-26 providing a service the General Services Commission did not provide
51-1 as of September 1, 2001, unless, after conducting an in-depth
51-2 analysis on cost in accordance with Section 2163.002 and on
51-3 availability of a service, the commission determines that it can
51-4 perform the service at a higher level of quality or at a lower cost
51-5 than other state agency providers of the service or private
51-6 commercial sources.
51-7 ARTICLE 7. ELECTRONIC COMMERCE; TRAVEL
51-8 SECTION 7.01. Subsection (a), Section 2155.062, Government
51-9 Code, is amended to read as follows:
51-10 (a) In purchasing goods and services the commission may use,
51-11 but is not limited to, the:
51-12 (1) contract purchase procedure;
51-13 (2) multiple award contract procedure, including under
51-14 any schedules developed under Subchapter I; [or]
51-15 (3) open market purchase procedure; or
51-16 (4) reverse auction procedure.
51-17 SECTION 7.02. Subsections (c), (d), (f), (k), and (l),
51-18 Section 2155.83, Government Code, are amended to read as follows:
51-19 (c) The commission [department] each business day shall
51-20 produce and post a business daily in an electronic format. The
51-21 commission [department] shall post in the business daily
51-22 information as prescribed by this section about each state agency
51-23 procurement that will exceed $25,000 in value. The commission
51-24 [department] shall also post in the business daily other
51-25 information relating to the business activity of the state that the
51-26 commission [department] considers to be of interest to the public.
52-1 (d) The commission [department] shall make the business
52-2 daily available on the Internet [through its information service
52-3 known as the Texas Marketplace or through a suitable successor
52-4 information service that will make the information available on the
52-5 Internet]. Each [The department and each] state agency shall
52-6 cooperate with the commission in making the electronic business
52-7 daily available.
52-8 (f) The commission [department] and other state agencies may
52-9 not charge a fee designed to recover the cost of preparing and
52-10 gathering the information that is published in the business daily.
52-11 These costs are considered part of a procuring agency's
52-12 responsibility to publicly inform potential bidders or offerors of
52-13 its procurement opportunities.
52-14 (k) Each state agency that will award a procurement contract
52-15 estimated to exceed $25,000 in value shall send to the commission
52-16 [department]:
52-17 (1) the information the commission [department]
52-18 requires for posting in the state business daily under this
52-19 section; and
52-20 (2) a notice when the procurement contract has been
52-21 awarded or when the state agency has decided to not make the
52-22 procurement.
52-23 (l) The commission [department] may adopt rules, prescribe
52-24 forms, and require information to administer this section. The
52-25 commission [department] shall send any proposed rules to the
52-26 governor, Legislative Budget Board, comptroller, and state auditor
53-1 [, and commission] for review and comment. The commission's
53-2 [department's] rules shall require that each state agency[, to the
53-3 extent feasible,] shall directly and electronically post its own
53-4 notices or solicitation packages under Subsections (g) and (h).
53-5 SECTION 7.03. Subsections (a) and (b), Section 2156.003,
53-6 Government Code, are amended to read as follows:
53-7 (a) The commission shall electronically maintain a bidders
53-8 list that is integrated into the electronic procurement marketplace
53-9 established by the Department of Information Resources. If the
53-10 commission determines that it is in the state's best interest, the
53-11 commission may also maintain the list on paper. The commission may
53-12 [and] add or delete names from the list according to applicable
53-13 standards provided by Section 2156.007.
53-14 (b) In addition to any requirements of Chapter 2177, an [An]
53-15 invitation to bid on an item to be purchased may be sent
53-16 electronically [only] to a vendor on the bidders list who has
53-17 expressed a desire to bid on that type of item.
53-18 SECTION 7.04. Section 2171.052, Government Code, is amended
53-19 by adding Subsection (e) to read as follows:
53-20 (e) The commission shall maintain at least one contract with
53-21 a provider of travel services that offers reservation and ticketing
53-22 services in person or by telephone.
53-23 SECTION 7.05. Subchapter B, Chapter 2171, Government Code,
53-24 is amended by adding Section 2171.0521 to read as follows:
53-25 Sec. 2171.0521. ONLINE RESERVATION AND TICKETING CAPABILITY.
53-26 (a) The Department of Information Resources, in consultation with
54-1 the commission, shall establish and manage the electronic
54-2 infrastructure of an online travel reservation and ticketing
54-3 capability for use by state agencies participating in the
54-4 commission's contracts for travel services. The commission shall
54-5 manage and administer the content of the online travel reservation
54-6 and ticketing capability. The Department of Information Resources,
54-7 in consultation with the commission, shall enter into contracts
54-8 with private or public entities to establish a secure means by
54-9 which a state employee traveling on state business may
54-10 electronically participate in the commission's contracts for travel
54-11 services. The Department of Information Resources shall attempt to
54-12 establish an online capability that connects to the online
54-13 reservation or ticketing systems of providers of travel services.
54-14 Reservations must be made with a state-issued credit card or other
54-15 form of payment authorized by the commission.
54-16 (b) The preference in Section 2171.052(c) for a resident
54-17 entity of this state does not apply to this section.
54-18 (c) A state agency may use the online reservation and
54-19 ticketing capability to make travel reservations for a state
54-20 employee traveling on state business.
54-21 SECTION 7.06. Chapter 2177, Government Code, is amended to
54-22 read as follows:
54-23 CHAPTER 2177. ELECTRONIC COMMERCE
54-24 SUBCHAPTER A. GENERAL PROVISIONS
54-25 Sec. 2177.001. DEFINITIONS. In this chapter:
54-26 (1) "Department" means the Department of Information
55-1 Resources.
55-2 (2) "Electronic procurement system" means the
55-3 electronic system for procuring goods and services consisting of
55-4 the electronic procurement marketplace created under Subchapter B
55-5 and the electronic commerce network created under Subchapter C.
55-6 Sec. 2177.002. SMALL AND HISTORICALLY UNDERUTILIZED
55-7 BUSINESSES. The commission and the department shall ensure that
55-8 small and historically underutilized businesses have maximum access
55-9 to electronic commerce opportunities.
55-10 Sec. 2177.003. CONSULTATION. The commission, at least
55-11 quarterly, shall consult with the following entities to ensure that
55-12 the electronic procurement system meets the needs of users of the
55-13 system:
55-14 (1) the department;
55-15 (2) the state auditor;
55-16 (3) groups, including coordinating councils, created
55-17 by the commission to assist with electronic commerce initiatives;
55-18 (4) the vendor advisory committee established under
55-19 Section 2155.081; and
55-20 (5) other state agencies and local governments that
55-21 use the system.
55-22 Sec. 2177.004. INTERFACE WITH TEXAS ONLINE. (a) The
55-23 department, with the assistance of the commission, shall assess
55-24 whether all or parts of the electronic procurement system should
55-25 interface with the project known as Texas Online that is a
55-26 continuation of the demonstration project authorized by Section
56-1 2054.062 as enacted by the 76th Legislature.
56-2 (b) Based on the assessment, the department and the
56-3 commission may interface all or parts of the electronic procurement
56-4 system with Texas Online or use features of Texas Online to enhance
56-5 the electronic procurement system.
56-6 SUBCHAPTER B. ELECTRONIC PROCUREMENT MARKETPLACE
56-7 Sec. 2177.051. ELECTRONIC PROCUREMENT MARKETPLACE. (a) The
56-8 department [commission] shall establish and manage the electronic
56-9 infrastructure of an electronic procurement marketplace. The
56-10 commission shall manage and administer the content of the
56-11 electronic procurement marketplace in accordance with this
56-12 subtitle. The department or commission, as appropriate, may enter
56-13 into contracts with private or public entities to establish or
56-14 maintain all or part of the databases comprising the marketplace,
56-15 to the extent feasible, including contracts to procure hardware or
56-16 software. The department or commission, as appropriate, shall
56-17 procure all goods and services related to the marketplace through a
56-18 competitive selection process appropriate for the good or service
56-19 being acquired.
56-20 (b) The commission, in consultation with the department
56-21 [Department of Information Resources], shall define standards,
56-22 including keyword and product code standards, for the electronic
56-23 procurement marketplace. The marketplace may contain:
56-24 (1) information relevant to the state's standard
56-25 procurement specifications for goods and services;
56-26 (2) information about vendors, including [information
57-1 from the centralized master bidders list and] vendor performance
57-2 information;
57-3 (3) information about products, including product
57-4 testing results;
57-5 (4) historical purchasing information, qualified
57-6 purchase lists, and trends; [and]
57-7 (5) information about the availability of surplus
57-8 property; and
57-9 (6) information about recycled, remanufactured, or
57-10 environmentally sensitive commodities or services, including
57-11 commodities or services identified under Section 2155.448.
57-12 (c) The commission shall integrate the business daily into
57-13 the electronic procurement marketplace.
57-14 (d) The department [commission] may adopt rules relating to
57-15 the design and use of the electronic procurement marketplace that
57-16 concern the technical requirements of the marketplace. The
57-17 commission may adopt rules relating to the use of the marketplace
57-18 for its intended purpose, including rules that require state
57-19 agencies to provide information for or receive information from the
57-20 marketplace. The department and the commission shall consult in
57-21 adopting rules under this subsection.
57-22 (e) [(d)] The commission may make state procurement
57-23 information available to political subdivisions through the
57-24 electronic procurement marketplace on a fee-for-service basis. The
57-25 commission shall set the fees in an amount that recovers the
57-26 state's costs in providing the access to a political subdivision.
58-1 (f) [(e)] Before developing a contract for the procurement
58-2 of a good or service, a state agency shall [may] use the electronic
58-3 procurement marketplace as prescribed by this chapter and
58-4 commission rules [to determine the most appropriate method for
58-5 acquiring the good or service].
58-6 (g) [(f)] The marketplace may contain:
58-7 (1) information relevant to the state's standard
58-8 procurement specifications for goods and services;
58-9 (2) information about vendors, including [information
58-10 from the centralized master bidders list and] vendor performance
58-11 information;
58-12 (3) information about products, including product
58-13 testing results; and
58-14 (4) historical purchasing information, qualified
58-15 purchase lists, and trends.
58-16 (h) [(g)] The department or commission may require
58-17 information from a state agency for inclusion in the electronic
58-18 procurement marketplace.
58-19 SUBCHAPTER C. ELECTRONIC COMMERCE NETWORK
58-20 Sec. 2177.101. EXCEPTIONS. (a) This subchapter does not
58-21 apply to procurements for major construction projects, as defined
58-22 by the commission in consultation with the department, such as
58-23 procurements made under Chapter 223, Transportation Code. In
58-24 defining a major construction project, the commission shall base
58-25 its decision on whether the nature of the project, any related
58-26 contract or specifications, or other considerations are of a type
59-1 that would make electronic procurement inappropriate.
59-2 (b) The exceptions listed under Section 2166.003(a) apply as
59-3 exceptions to this subchapter.
59-4 Sec. 2177.102 [2177.002]. ELECTRONIC COMMERCE NETWORK.
59-5 (a) The department shall establish and manage the electronic
59-6 infrastructure of an electronic commerce network. The commission
59-7 shall [establish and] manage and administer the content of the
59-8 electronic commerce network. The [an] electronic commerce network,
59-9 to the extent feasible, shall allow [under which] the state's
59-10 purchasing transactions with vendors to [can] be accomplished
59-11 electronically by means of facsimile transmissions and on-line
59-12 transmission of necessary information. [The commission shall
59-13 comply with applicable rules of the Department of Information
59-14 Resources to the extent that they are based on the standard data
59-15 protocol developed by the American National Standards Institute
59-16 known as electronic data interchange or on other efficient
59-17 standards as determined by the commission.]
59-18 (b) The department or commission, as appropriate, may enter
59-19 into contracts with one or more public or private entities to
59-20 establish or support various elements of the network. The
59-21 department or commission, as appropriate, shall procure all goods
59-22 and services related to the network through the competitive
59-23 selection process appropriate for the good or service being
59-24 acquired.
59-25 (c) The department, in consultation with the commission, may
59-26 provide for a gateway between the electronic procurement
60-1 marketplace and the electronic commerce network so that the
60-2 elements of a procurement transaction that are within state
60-3 government and the elements of a procurement transaction that
60-4 involve communication with a vendor may all be accomplished
60-5 electronically.
60-6 (d) Each state agency [that is capable of participating in
60-7 the electronic commerce network] must participate in the network
60-8 and participate in contracts entered into by the department or the
60-9 commission for the establishment or support of the network. The
60-10 department [commission] shall charge an agency a fee for network
60-11 services provided to the agency by the department [commission] or
60-12 by a contractor so that the cost of providing network services to
60-13 an agency is paid by the agency.
60-14 (e) The commission may allow political subdivisions and
60-15 other public entities that are members of the commission's
60-16 cooperative purchasing program to participate in the electronic
60-17 commerce network. The department [commission] shall require that a
60-18 participating political subdivision or other entity is charged a
60-19 fee for the network services in the same manner that participating
60-20 state agencies are charged fees under Subsection (d).
60-21 (f) The department [commission] may also charge private
60-22 businesses a fee for accessing the network.
60-23 (g) The department may adopt rules to administer this
60-24 section that concern the technical requirements of the network.
60-25 The commission may:
60-26 (1) adopt rules relating to the use of the network for
61-1 its intended purpose [to administer this section]; and
61-2 (2) require participating state agencies, political
61-3 subdivisions, and other public entities to designate a network
61-4 coordinator.
61-5 (h) The department and the commission shall consult in
61-6 adopting rules under this section.
61-7 (i) The requirements of this subchapter [section and Section
61-8 2177.003] are in addition to the requirements of other law relating
61-9 to the solicitation of bids, proposals, or expressions of interest
61-10 for a procurement by the commission or another state agency. This
61-11 subchapter does [section and Section 2177.003 do] not affect any
61-12 other law that requires the commission or another state agency to
61-13 award a procurement contract through competitive bidding,
61-14 competitive sealed proposals, or another method.
61-15 Sec. 2177.103 [2177.003]. PARTICIPATION BY STATE AGENCIES IN
61-16 ELECTRONIC COMMERCE NETWORK. (a) Each state agency shall send to
61-17 the commission for posting on the electronic commerce network
61-18 information on each procurement contract the commission, in
61-19 consultation with the department, determines is appropriate for
61-20 electronic procurement [the value of which will exceed the amount
61-21 of the agency's delegated purchasing authority under Section
61-22 2155.132]:
61-23 (1) without regard to the source of funds the agency
61-24 will use for the procurement; and
61-25 (2) including a procurement that is:
61-26 (A) a procurement by a state agency that is
62-1 otherwise exempt from the commission's purchasing authority;
62-2 (B) made under delegated purchasing authority
62-3 under Section 2155.131; or
62-4 (C) [related to a construction project; or]
62-5 [(D)] a procurement of professional or
62-6 consulting services.
62-7 (b) The commission and each state agency shall include in
62-8 the information placed on the electronic commerce network[, to the
62-9 extent it is feasible,] the following information for each
62-10 procurement that the commission will make or that another state
62-11 agency will make under Subsection (a):
62-12 (1) a description of the goods or services to be
62-13 procured;
62-14 (2) the estimated quantity of the goods or services to
62-15 be procured;
62-16 (3) if applicable, the previous price paid by the
62-17 commission or another state agency for the same or similar goods or
62-18 services;
62-19 (4) the estimated date on which the goods or services
62-20 to be procured will be needed; and
62-21 (5) the name, business mailing address, and business
62-22 telephone number of the commission employee or other state agency
62-23 employee a person can contact to obtain all necessary information
62-24 relating to making a bid or proposal or other applicable expression
62-25 of interest for the procurement contract.
62-26 (c) The commission shall also post on the electronic
63-1 commerce network other information relating to the business
63-2 activity of the state that the commission considers to be of
63-3 interest to the public. Each state agency shall provide the
63-4 commission with information the commission requires for purposes of
63-5 this subsection in a format prescribed by the commission.
63-6 (d) Each state agency that will award a contract that has
63-7 been placed on the electronic commerce network under Subsection (a)
63-8 shall place notification of the awarding of the contract on the
63-9 electronic commerce network.
63-10 SECTION 7.07. Subsection (b), Section 2155.083, Government
63-11 Code, is repealed.
63-12 SECTION 7.08. On October 1, 2001:
63-13 (1) all functions and activities performed by the
63-14 Texas Department of Economic Development relating to the business
63-15 daily under Chapter 2155, Government Code, or other law immediately
63-16 before that date are transferred to the Texas Building and
63-17 Procurement Commission;
63-18 (2) a rule or form adopted by the Texas Department of
63-19 Economic Development that relates to the business daily under
63-20 Chapter 2155, Government Code, or other law is a rule or form of
63-21 the Texas Building and Procurement Commission and remains in effect
63-22 until altered by the commission;
63-23 (3) a reference in law to the Texas Department of
63-24 Economic Development that relates to the business daily under
63-25 Chapter 2155, Government Code, or other law means the Texas
63-26 Building and Procurement Commission;
64-1 (4) all rights and obligations of the Texas Department
64-2 of Economic Development related to the business daily under Chapter
64-3 2155, Government Code, or other law are transferred to the
64-4 commission; and
64-5 (5) all property, including records, in the custody of
64-6 the Texas Department of Economic Development related to the
64-7 business daily under Chapter 2155, Government Code, or other law is
64-8 transferred to the Texas Building and Procurement Commission.
64-9 SECTION 7.09. The Department of Information Resources shall
64-10 have the online reservation and ticketing capability created under
64-11 Section 2171.0521, Government Code, as added by this Act, fully
64-12 operational by September 1, 2002.
64-13 ARTICLE 8. STATE CEMETERY
64-14 SECTION 8.01. Subsection (a), Section 2165.256, Government
64-15 Code, is amended to read as follows:
64-16 (a) The State Cemetery Committee shall oversee all
64-17 operations of the State Cemetery. The committee shall develop a
64-18 budget for the operations of the commission relating to the State
64-19 Cemetery and determine the salary of employees of the commission
64-20 whose duties primarily relate to the operation of the State
64-21 Cemetery.
64-22 SECTION 8.02. Section 2165.2561, Government Code, is amended
64-23 by amending Subsections (a), (k), and (l) and adding Subsections
64-24 (n) through (u) to read as follows:
64-25 (a) The State Cemetery Committee is composed of:
64-26 (1) three voting members appointed as follows:
65-1 (A) one member of the general public appointed
65-2 by the governor;
65-3 (B) one member of the general public appointed
65-4 by the governor from a list submitted by the lieutenant governor;
65-5 and
65-6 (C) one member of the general public appointed
65-7 by the governor from a list submitted by the speaker of the house
65-8 of representatives; and
65-9 (2) three nonvoting advisory members appointed as
65-10 follows:
65-11 (A) one employee of the Texas Historical
65-12 Commission appointed by the executive director of the Texas
65-13 Historical Commission;
65-14 (B) one employee of the Texas Building and
65-15 Procurement [General Services] Commission appointed by the
65-16 executive director of the Texas Building and Procurement [General
65-17 Services] Commission; and
65-18 (C) one employee of the Parks and Wildlife
65-19 Department appointed by the executive director of the Parks and
65-20 Wildlife Department.
65-21 (k) The legislature shall separately appropriate money to
65-22 the committee within the appropriations to the Texas Building and
65-23 Procurement Commission for all matters relating to the operation of
65-24 the State Cemetery. [At the direction of the committee, the
65-25 General Services Commission shall spend money appropriated to or
65-26 budgeted by the General Services Commission for State Cemetery
66-1 purposes.] Activities relating to maintenance of the State
66-2 Cemetery grounds and monuments shall conform to guidelines for
66-3 historic preservation submitted to the committee by the Texas
66-4 Historical Commission.
66-5 (l) Funds appropriated to the Texas Building and Procurement
66-6 [General Services] Commission may be transferred by interagency
66-7 contract for the performance of, at the direction of the committee,
66-8 an act related to the State Cemetery.
66-9 (n) It is a ground for removal from the committee that a
66-10 member:
66-11 (1) does not have at the time of taking office the
66-12 qualifications required by Subsection (a);
66-13 (2) does not maintain during service on the committee
66-14 the qualifications required by Subsection (a);
66-15 (3) is ineligible for membership under Subsection (g)
66-16 or (h);
66-17 (4) cannot, because of illness or disability,
66-18 discharge the member's duties for a substantial part of the
66-19 member's term; or
66-20 (5) is absent from more than half of the regularly
66-21 scheduled committee meetings that the member is eligible to attend
66-22 during a calendar year without an excuse approved by a majority
66-23 vote of the committee.
66-24 (o) The validity of an action of the committee is not
66-25 affected by the fact that it is taken when a ground for removal of
66-26 a committee member exists.
67-1 (p) If the executive director of the commission has
67-2 knowledge that a potential ground for removal exists, the executive
67-3 director shall notify the presiding officer of the committee of the
67-4 potential ground. The presiding officer shall then notify the
67-5 governor and the attorney general that a potential ground for
67-6 removal exists. If the potential ground for removal involves the
67-7 presiding officer, the executive director shall notify the next
67-8 highest ranking officer of the committee, who shall then notify the
67-9 governor and the attorney general that a potential ground for
67-10 removal exists.
67-11 (q) The executive director of the commission or the
67-12 executive director's designee shall provide to members of the
67-13 committee, as often as necessary, information regarding the
67-14 requirements for office under this chapter, including information
67-15 regarding a person's responsibilities under applicable laws
67-16 relating to standards of conduct for state officers.
67-17 (r) A person who is appointed to and qualifies for office as
67-18 a member of the committee may not vote, deliberate, or be counted
67-19 as a member in attendance at a meeting of the committee until the
67-20 person completes a training program that complies with this
67-21 subsection. The training program must provide the person with
67-22 information regarding:
67-23 (1) the legislation that created the State Cemetery
67-24 and the State Cemetery Committee;
67-25 (2) the programs operated by the committee;
67-26 (3) the role and functions of the committee;
68-1 (4) the rules of the committee, with an emphasis on
68-2 any rules that relate to disciplinary and investigatory authority;
68-3 (5) the current budget for the committee;
68-4 (6) the results of the most recent formal audit of
68-5 cemetery operations;
68-6 (7) the requirements of:
68-7 (A) the open meetings law, Chapter 551;
68-8 (B) the public information law, Chapter 552;
68-9 (C) the administrative procedure law, Chapter
68-10 2001; and
68-11 (D) other laws relating to public officials,
68-12 including conflict-of-interest laws; and
68-13 (8) any applicable ethics policies adopted by the
68-14 commission, the committee, or the Texas Ethics Commission.
68-15 (s) A person appointed to the committee is entitled to
68-16 reimbursement, as provided by Chapter 660 and the General
68-17 Appropriations Act, for the travel expenses incurred in attending
68-18 the training program regardless of whether the attendance at the
68-19 program occurs before or after the person qualifies for office.
68-20 (t) The committee shall develop and implement policies that
68-21 clearly separate the policymaking responsibilities of the committee
68-22 and the management responsibilities of the executive director of
68-23 the commission and staff of the cemetery.
68-24 (u) The committee shall develop and implement policies that
68-25 provide the public with a reasonable opportunity to appear before
68-26 the committee and to speak on any issue under the jurisdiction of
69-1 the committee.
69-2 SECTION 8.03. (a) The changes in law made by this Act in
69-3 the prohibitions and qualifications applying to members of the
69-4 State Cemetery Committee do not affect the entitlement of a member
69-5 serving on the committee immediately before September 1, 2001, to
69-6 continue to serve and function as a member of the committee for the
69-7 remainder of the member's term. The changes in law apply only to a
69-8 member appointed on or after September 1, 2001. This Act does not
69-9 prohibit a person who is a member of the State Cemetery Committee
69-10 immediately before September 1, 2001, from being reappointed as a
69-11 committee member if the person has the qualifications required for
69-12 the position under Chapter 2165, Government Code, as amended by
69-13 this Act.
69-14 (b) Subsection (r), Section 2165.2561, Government Code, as
69-15 added by this Act, does not apply to a member of the State Cemetery
69-16 Committee until March 1, 2002.
69-17 SECTION 8.04. The changes in law made by this Act to
69-18 Subsection (k), Section 2165.2561, Government Code, apply beginning
69-19 with the fiscal year beginning on September 1, 2003.
69-20 ARTICLE 9. CONTRACTING METHODS FOR CONSTRUCTION
69-21 OF STATE FACILITIES
69-22 SECTION 9.01. Subchapter F, Chapter 2166, Government Code,
69-23 is amended by adding Section 2166.2511 to read as follows:
69-24 Sec. 2166.2511. DEFINITIONS. In this subchapter:
69-25 (1) "Architect" means an individual registered as an
69-26 architect under Chapter 478, Acts of the 45th Legislature, Regular
70-1 Session, 1937 (Article 249a, Vernon's Texas Civil Statutes).
70-2 (2) "Contractor" in the context of a contract for a
70-3 project means a sole proprietorship, partnership, corporation, or
70-4 other legal entity that assumes the risk for constructing,
70-5 rehabilitating, altering, or repairing all or part of the project
70-6 at the contracted price.
70-7 (3) "Engineer" means an individual registered as a
70-8 professional engineer under The Texas Engineering Practice Act
70-9 (Article 3271a, Vernon's Texas Civil Statutes).
70-10 (4) "Facility" means buildings or structures the
70-11 design and construction of which is governed by accepted building
70-12 codes. The term does not include:
70-13 (A) highways, roads, streets, bridges,
70-14 utilities, water supply projects, water plants, wastewater plants,
70-15 water and wastewater distribution or conveyance facilities,
70-16 wharves, docks, airport runways and taxiways, drainage projects, or
70-17 related types of projects associated with civil engineering
70-18 construction; or
70-19 (B) buildings or structures that are incidental
70-20 to projects that are primarily civil engineering construction
70-21 projects.
70-22 (5) "Fee" in the context of a contract for a project
70-23 means the payment a construction manager receives for its overhead
70-24 and profit in performing its services.
70-25 (6) "General conditions" in the context of a contract
70-26 for a project means on-site management, administrative personnel,
71-1 insurance, bonds, equipment, utilities, and incidental work,
71-2 including minor field labor and materials.
71-3 SECTION 9.02. Subchapter F, Chapter 2166, Government Code,
71-4 is amended by adding Section 2166.2525 to read as follows:
71-5 Sec. 2166.2525. DETERMINATION OF CONTRACTING METHOD. The
71-6 commission shall adopt rules that determine the circumstances for
71-7 use of each method of contracting allowed under this subchapter for
71-8 design and construction services. In developing the rules, the
71-9 commission shall solicit advice and comment from design and
71-10 construction professionals regarding the criteria the commission
71-11 will use in determining which contracting method is best suited for
71-12 a project.
71-13 SECTION 9.03. Subchapter F, Chapter 2166, Government Code,
71-14 is amended by adding Section 2166.2526 to read as follows:
71-15 Sec. 2166.2526. EVALUATION OF BIDS AND PROPOSALS FOR
71-16 CONSTRUCTION SERVICES. (a) For each project, the commission must,
71-17 before advertising, establish which method of contracting provides
71-18 the best value for the commission or using agency.
71-19 (b) Under each method of contracting, the commission shall
71-20 base its selection among the offerors on criteria established by
71-21 the commission. The commission shall publish in the request for
71-22 bids, proposals, or qualifications all of the criteria that will be
71-23 used to evaluate the offerors.
71-24 (c) The commission shall document the basis of its selection
71-25 of an offeror and shall make the evaluations public not later than
71-26 the seventh day after the date the contract is awarded.
72-1 SECTION 9.04. Section 2166.253, Government Code, is amended
72-2 to read as follows:
72-3 Sec. 2166.253. LOWEST AND BEST BID METHOD [BIDDING
72-4 PROCEDURES]. (a) The commission may use the lowest and best bid
72-5 method for a project. In using that method, the commission shall
72-6 follow the procedures provided by Subsections (b)-(g).
72-7 (b) After final approval of a project's working plans and
72-8 specifications and their acceptance by a using agency, the
72-9 commission shall advertise in one newspaper of general circulation
72-10 and the Texas Register for bids or proposals for the construction
72-11 of and related work on the project.
72-12 (c) [(b)] Except as provided by Subsection (d) [(c)], the
72-13 commission shall allow bidders not less than 30 days after the date
72-14 the commission issues the bid documents to respond to an invitation
72-15 to bid.
72-16 (d) [(c)] The commission shall allow bidders for small
72-17 construction projects not less than 14 days after the date the
72-18 commission issues the bid documents to respond to an invitation to
72-19 bid.
72-20 (e) [(d)] The commission may shorten the time for response
72-21 to prevent undue additional costs to a state agency or, for
72-22 emergency projects, to prevent or remove a hazard to life or
72-23 property.
72-24 (f) A contract shall be awarded to the qualified bidder
72-25 making the lowest and best bid in accordance with the law on
72-26 awarding a state contract.
73-1 (g) The commission may reject all bids.
73-2 SECTION 9.05. Subchapter F, Chapter 2166, Government Code,
73-3 is amended by adding Section 2166.2531 to read as follows:
73-4 Sec. 2166.2531. DESIGN-BUILD METHOD. (a) In this section:
73-5 (1) "Design-build contract" means a single contract
73-6 with a design-build firm for the design and construction of a
73-7 facility.
73-8 (2) "Design-build firm" means a partnership,
73-9 corporation, or other legal entity or team that includes an
73-10 engineer or architect and a builder qualified to engage in building
73-11 construction in this state.
73-12 (3) "Design criteria package" means a set of documents
73-13 that provides sufficient information to permit a design-build firm
73-14 to prepare a response to the commission's request for
73-15 qualifications and any additional information requested, including
73-16 criteria for selection. The design criteria package must specify
73-17 criteria the commission considers necessary to describe the project
73-18 and may include, as appropriate, the legal description of the site,
73-19 survey information concerning the site, interior space
73-20 requirements, special material requirements, material quality
73-21 standards, conceptual criteria for the project, special equipment
73-22 requirements, cost or budget estimates, time schedules, quality
73-23 assurance and quality control requirements, site development
73-24 requirements, applicable codes and ordinances, provisions for
73-25 utilities, parking requirements, or any other requirement, as
73-26 applicable.
74-1 (b) The commission may use the design-build method for a
74-2 project. In using that method and in entering into a contract for
74-3 the services of a design-build firm, the commission and the
74-4 design-build firm shall follow the procedures provided by
74-5 Subsections (c)-(k).
74-6 (c) The commission shall designate an engineer or architect
74-7 to act as its representative. If the commission's engineer or
74-8 architect is not a full-time employee of the commission, any
74-9 engineer or architect designated shall be selected on the basis of
74-10 demonstrated competence and qualifications in accordance with
74-11 Subchapter A, Chapter 2254.
74-12 (d) The commission shall prepare a request for
74-13 qualifications that includes general information on the project
74-14 site, project scope, budget, special systems, selection criteria,
74-15 and other information that may assist potential design-build firms
74-16 in submitting proposals for the project. The commission shall also
74-17 prepare a design criteria package that includes more detailed
74-18 information on the project. If the preparation of the design
74-19 criteria package requires engineering or architectural services
74-20 that constitute the practice of engineering within the meaning of
74-21 The Texas Engineering Practice Act (Article 3271a, Vernon's Texas
74-22 Civil Statutes) or the practice of architecture within the meaning
74-23 of Chapter 478, Acts of the 45th Legislature, Regular Session, 1937
74-24 (Article 249a, Vernon's Texas Civil Statutes), those services shall
74-25 be provided in accordance with the applicable law.
74-26 (e) The commission or its representative shall publish the
75-1 request for qualifications in a manner prescribed by the
75-2 commission.
75-3 (f)(1) The commission or its representative shall evaluate
75-4 statements of qualifications and select a design-build firm in two
75-5 phases.
75-6 (2) In phase one, the commission or its representative
75-7 shall prepare a request for qualifications and evaluate each
75-8 offeror's experience, technical competence, and capability to
75-9 perform, the past performance of the offeror's team and members of
75-10 the team, and other appropriate factors submitted by the team or
75-11 firm in response to the request for qualifications, except that
75-12 cost-related or price-related evaluation factors are not permitted.
75-13 Each offeror must certify to the commission that each engineer or
75-14 architect that is a member of its team was selected based on
75-15 demonstrated competence and qualifications. The commission or its
75-16 representative shall qualify a maximum of five offerors to submit
75-17 additional information and, if the commission or its representative
75-18 chooses, to interview for final selection.
75-19 (3) In phase two, the commission or its representative
75-20 shall evaluate the information submitted by the offerors on the
75-21 basis of the selection criteria stated in the request for
75-22 qualifications and the results of any interview. The commission or
75-23 its representative may request additional information regarding
75-24 demonstrated competence and qualifications, considerations of the
75-25 safety and long-term durability of the project, the feasibility of
75-26 implementing the project as proposed, the ability of the offeror to
76-1 meet schedules, costing methodology, or other factors as
76-2 appropriate. The commission or its representative may not require
76-3 offerors to submit detailed engineering or architectural designs as
76-4 part of the proposal. The commission or its representative shall
76-5 rank each proposal submitted on the basis of the criteria specified
76-6 in the request for qualifications. The commission or its
76-7 representative shall select the design-build firm that submits the
76-8 proposal offering the best value for the commission or using agency
76-9 on the basis of the published selection criteria and on its ranking
76-10 evaluations. The commission or its representative shall first
76-11 attempt to negotiate a contract with the selected offeror. If the
76-12 commission or its representative is unable to negotiate a
76-13 satisfactory contract with the selected offeror, the commission
76-14 shall, formally and in writing, end all negotiations with that
76-15 offeror and proceed to negotiate with the next offeror in the order
76-16 of the selection ranking until a contract is reached or
76-17 negotiations with all ranked offerors end.
76-18 (g) Following selection of a design-build firm under
76-19 Subsection (f), that firm's engineers or architects shall complete
76-20 the design, submitting all design elements for review and
76-21 determination of scope compliance by the commission's engineer or
76-22 architect before or concurrently with the beginning of
76-23 construction.
76-24 (h) An engineer shall have responsibility for compliance
76-25 with the engineering design requirements and all other applicable
76-26 requirements of The Texas Engineering Practice Act (Article 3271a,
77-1 Vernon's Texas Civil Statutes). An architect shall have
77-2 responsibility for compliance with the requirements of Chapter 478,
77-3 Acts of the 45th Legislature, Regular Session, 1937 (Article 249a,
77-4 Vernon's Texas Civil Statutes).
77-5 (i) The commission shall provide or contract for,
77-6 independently of the design-build firm, the inspection services,
77-7 the testing of construction materials engineering, and the
77-8 verification testing services necessary for acceptance of the
77-9 facility by the commission. The commission shall select those
77-10 services for which it contracts in accordance with Section
77-11 2254.004.
77-12 (j) The design-build firm shall supply a signed and sealed
77-13 set of construction documents for the project to the commission at
77-14 the conclusion of construction.
77-15 (k) A payment or performance bond is not required for, and
77-16 may not provide coverage for, the portion of a design-build
77-17 contract under this section that includes design services only. If
77-18 a fixed contract amount or guaranteed maximum price has not been
77-19 determined at the time a design-build contract is awarded, the
77-20 penal sums of the performance and payment bonds delivered to the
77-21 commission shall each be in an amount equal to the project budget,
77-22 as specified in the design criteria package. The design-build firm
77-23 shall deliver the bonds not later than the 10th day after the date
77-24 the design-build firm executes the contract unless the design-build
77-25 firm furnishes a bid bond or other financial security acceptable to
77-26 the commission to ensure that the design-build firm will furnish
78-1 the required performance and payment bonds when a guaranteed
78-2 maximum price is established.
78-3 SECTION 9.06. Subchapter F, Chapter 2166, Government Code,
78-4 is amended by adding Section 2166.2532 to read as follows:
78-5 Sec. 2166.2532. CONSTRUCTION MANAGER-AT-RISK METHOD.
78-6 (a) The commission may use the construction manager-at-risk method
78-7 for a project. In using that method and in entering into a
78-8 contract for the services of a construction manager-at-risk, the
78-9 commission shall follow the procedures prescribed by this section.
78-10 (b) A construction manager-at-risk is a sole proprietorship,
78-11 partnership, corporation, or other legal entity that assumes the
78-12 risk for construction, rehabilitation, alteration, or repair of a
78-13 facility at the contracted price as a general contractor and
78-14 provides consultation to the commission regarding construction
78-15 during and after the design of the facility.
78-16 (c) Before or concurrently with selecting a construction
78-17 manager-at-risk, the commission shall select or designate an
78-18 engineer or architect who shall prepare the construction documents
78-19 for the project and who has full responsibility for complying with
78-20 The Texas Engineering Practice Act (Article 3271a, Vernon's Texas
78-21 Civil Statutes) or Chapter 478, Acts of the 45th Legislature,
78-22 Regular Session, 1937 (Article 249a, Vernon's Texas Civil
78-23 Statutes), as applicable. If the engineer or architect is not a
78-24 full-time employee of the commission, the commission shall select
78-25 the engineer or architect on the basis of demonstrated competence
78-26 and qualifications as provided by Section 2254.004. The
79-1 commission's engineer or architect for a project may not serve,
79-2 alone or in combination with another, as the construction
79-3 manager-at-risk.
79-4 (d) The commission shall provide or contract for,
79-5 independently of the construction manager-at-risk, the inspection
79-6 services, the testing of construction materials engineering, and
79-7 the verification testing services necessary for acceptance of the
79-8 facility by the commission. The commission shall select those
79-9 services for which it contracts in accordance with Section
79-10 2254.004.
79-11 (e) The commission shall select the construction
79-12 manager-at-risk in either a one-step or two-step process. The
79-13 commission shall prepare a request for proposals, in the case of a
79-14 one-step process, or a request for qualifications, in the case of a
79-15 two-step process, that includes general information on the project
79-16 site, project scope, schedule, selection criteria, estimated
79-17 budget, and the time and place for receipt of proposals or
79-18 qualifications, as applicable; a statement as to whether the
79-19 selection process is a one-step or two-step process; and other
79-20 information that may assist the commission in its selection of a
79-21 construction manager-at-risk. The commission shall state the
79-22 selection criteria in the request for proposals or qualifications,
79-23 as applicable. The selection criteria may include the offeror's
79-24 experience, past performance, safety record, proposed personnel and
79-25 methodology, and other appropriate factors that demonstrate the
79-26 capability of the construction manager-at-risk. If a one-step
80-1 process is used, the commission may request, as part of the
80-2 offeror's proposal, proposed fees and prices for fulfilling the
80-3 general conditions. If a two-step process is used, the commission
80-4 may not request fees or prices in step one. In step two, the
80-5 commission may request that five or fewer offerors, selected solely
80-6 on the basis of qualifications, provide additional information,
80-7 including the construction manager-at-risk's proposed fee and its
80-8 price for fulfilling the general conditions.
80-9 (f) The commission shall publish the request for
80-10 qualifications in a manner prescribed by the commission.
80-11 (g) At each step, the commission shall receive, publicly
80-12 open, and read aloud the names of the offerors. At the appropriate
80-13 step, the commission shall also read aloud the fees and prices, if
80-14 any, stated in each proposal as the proposal is opened. Within 45
80-15 days after the date of opening the proposals, the commission or its
80-16 representative shall evaluate and rank each proposal submitted in
80-17 relation to the criteria set forth in the request for proposals.
80-18 (h) The commission or its representative shall select the
80-19 offeror that submits the proposal that offers the best value for
80-20 the commission or using agency based on the published selection
80-21 criteria and on its ranking evaluation. The commission or its
80-22 representative shall first attempt to negotiate a contract with the
80-23 selected offeror. If the commission or its representative is
80-24 unable to negotiate a satisfactory contract with the selected
80-25 offeror, the commission or its representative shall, formally and
80-26 in writing, end negotiations with that offeror and proceed to
81-1 negotiate with the next offeror in the order of the selection
81-2 ranking until a contract is reached or negotiations with all ranked
81-3 offerors end.
81-4 (i) A construction manager-at-risk shall publicly advertise,
81-5 in the manner prescribed by the commission, and receive bids or
81-6 proposals from trade contractors or subcontractors for the
81-7 performance of all major elements of the work other than the minor
81-8 work that may be included in the general conditions. A
81-9 construction manager-at-risk may seek to perform portions of the
81-10 work itself if the construction manager-at-risk submits its bid or
81-11 proposal for those portions of the work in the same manner as all
81-12 other trade contractors or subcontractors and if the commission
81-13 determines that the construction manager-at-risk's bid or proposal
81-14 provides the best value for the commission or using agency.
81-15 (j) The construction manager-at-risk and the commission or
81-16 its representative shall review all trade contractor or
81-17 subcontractor bids or proposals in a manner that does not disclose
81-18 the contents of the bid or proposal during the selection process to
81-19 a person not employed by the construction manager-at-risk,
81-20 engineer, architect, or commission. All bids or proposals shall be
81-21 made public after the award of the contract or within seven days
81-22 after the date of final selection of bids and proposals, whichever
81-23 is later.
81-24 (k) If the construction manager-at-risk reviews, evaluates,
81-25 and recommends to the commission a bid or proposal from a trade
81-26 contractor or subcontractor but the commission requires another bid
82-1 or proposal to be accepted, the commission shall compensate the
82-2 construction manager-at-risk by a change in price, time, or
82-3 guaranteed maximum cost for any additional cost and risk that the
82-4 construction manager-at-risk may incur because of the commission's
82-5 requirement that another bid or proposal be accepted.
82-6 (l) If a selected trade contractor or subcontractor defaults
82-7 in the performance of its work or fails to execute a subcontract
82-8 after being selected in accordance with this section, the
82-9 construction manager-at-risk may, without advertising, itself
82-10 fulfill the contract requirements or select a replacement trade
82-11 contractor or subcontractor to fulfill the contract requirements.
82-12 (m) If a fixed contract amount or guaranteed maximum price
82-13 has not been determined at the time the contract is awarded, the
82-14 penal sums of the performance and payment bonds delivered to the
82-15 commission must each be in an amount equal to the project budget,
82-16 as set forth in the request for qualifications. The construction
82-17 manager-at-risk shall deliver the bonds not later than the 10th day
82-18 after the date the construction manager-at-risk executes the
82-19 contract unless the construction manager-at-risk furnishes a bid
82-20 bond or other financial security acceptable to the commission to
82-21 ensure that the construction manager-at-risk will furnish the
82-22 required performance and payment bonds when a guaranteed maximum
82-23 price is established.
82-24 SECTION 9.07. Subchapter F, Chapter 2166, Government Code,
82-25 is amended by adding Section 2166.2533 to read as follows:
82-26 Sec. 2166.2533. COMPETITIVE SEALED PROPOSAL METHOD.
83-1 (a) The commission may select a contractor for a project using the
83-2 competitive sealed proposal method prescribed by this section.
83-3 (b) The commission shall select or designate an engineer or
83-4 architect to prepare construction documents for the project. The
83-5 selected or designated engineer or architect has full
83-6 responsibility for complying with The Texas Engineering Practice
83-7 Act (Article 3271a, Vernon's Texas Civil Statutes) or Chapter 478,
83-8 Acts of the 45th Legislature, Regular Session, 1937 (Article 249a,
83-9 Vernon's Texas Civil Statutes), as applicable. If the engineer or
83-10 architect is not a full-time employee of the commission, the
83-11 commission shall select the engineer or architect on the basis of
83-12 demonstrated competence and qualifications as provided by Section
83-13 2254.004.
83-14 (c) The commission shall provide or contract for,
83-15 independently of the contractor, the inspection services, the
83-16 testing of construction materials engineering, and the verification
83-17 testing services necessary for acceptance of the facility by the
83-18 commission. The commission shall select those services for which
83-19 it contracts in accordance with Section 2254.004 and shall identify
83-20 them in the request for proposals.
83-21 (d) The commission shall prepare a request for competitive
83-22 sealed proposals that includes construction documents, selection
83-23 criteria, estimated budget, project scope, schedule, and other
83-24 information that contractors may require to respond to the request.
83-25 The commission shall state in the request for proposals all of the
83-26 selection criteria that will be used in selecting the successful
84-1 offeror.
84-2 (e) The commission shall publish notice of the request for
84-3 proposals in a manner prescribed by the commission.
84-4 (f) The commission shall receive, publicly open, and read
84-5 aloud the names of the offerors and, if any are required to be
84-6 stated, all prices stated in each proposal. Within 45 days after
84-7 the date of opening the proposals, the commission shall evaluate
84-8 and rank each proposal submitted in relation to the published
84-9 selection criteria.
84-10 (g) The commission shall select the offeror that offers the
84-11 best value for the commission or using agency based on the
84-12 published selection criteria and on its ranking evaluation. The
84-13 commission shall first attempt to negotiate a contract with the
84-14 selected offeror. The commission and its engineer or architect may
84-15 discuss with the selected offeror options for a scope or time
84-16 modification and any price change associated with the modification.
84-17 If the commission is unable to reach a contract with the selected
84-18 offeror, the commission shall, formally and in writing, end
84-19 negotiations with that offeror and proceed to the next offeror in
84-20 the order of the selection ranking until a contract is reached or
84-21 all proposals are rejected.
84-22 (h) In determining the best value for the commission or
84-23 using agency, the commission is not restricted to considering price
84-24 alone but may consider any other factor stated in the selection
84-25 criteria.
84-26 SECTION 9.08. Section 2166.255, Government Code, is amended
85-1 to read as follows:
85-2 Sec. 2166.255. AMOUNT [AWARD] OF CONTRACT. [(a) A contract
85-3 shall be awarded to the qualified bidder making the lowest and best
85-4 bid in accordance with the law on awarding a state contract.]
85-5 [(b) The commission may reject all bids.]
85-6 [(c)] A contract may not be awarded for an amount greater
85-7 than the amount that the comptroller certifies to be available for
85-8 the project.
85-9 SECTION 9.09. Section 2166.258, Government Code, is amended
85-10 by amending Subsection (b) and adding Subsection (c) to read as
85-11 follows:
85-12 (b) Except as provided by Subsection (c), notwithstanding
85-13 [Notwithstanding] Section 1, Chapter 87, Acts of the 56th
85-14 Legislature, Regular Session, 1959 (Article 7.19-1, Vernon's Texas
85-15 Insurance Code), the commission or other agency may require a
85-16 contractor or subcontractor to meet part or all of the bonding or
85-17 insurance requirements for the project under the arrangement
85-18 negotiated by the commission or other agency.
85-19 (c) To assist historically underutilized businesses, small
85-20 businesses, or any other businesses, if an agency by rule requires
85-21 a proposal guaranty as a condition for bidding on a contract, the
85-22 guaranty may be in the form of a:
85-23 (1) cashier's check or money order drawn on an account
85-24 with a financial entity determined by the agency;
85-25 (2) bid bond issued by a surety authorized to do
85-26 business in this state; or
86-1 (3) any other method approved by the agency.
86-2 SECTION 9.10. (a) The changes in law made by this Act to
86-3 the General Services Commission's contract procedures apply only to
86-4 a construction project for which the General Services Commission or
86-5 the Texas Building and Procurement Commission first advertises or
86-6 otherwise solicits bids, proposals, offers, or qualifications, as
86-7 applicable, on or after September 1, 2001.
86-8 (b) A construction project for which the General Services
86-9 Commission first advertised or otherwise solicited bids, proposals,
86-10 offers, or qualifications, as applicable, before September 1, 2001,
86-11 is governed by the law as it existed immediately before the
86-12 effective date of this Act, and that law is continued in effect for
86-13 that purpose.
86-14 ARTICLE 10. LEASING OF STATE OFFICE SPACE
86-15 SECTION 10.01. Subchapter A, Chapter 2167, Government Code,
86-16 is amended by adding Section 2167.0021 to read as follows:
86-17 Sec. 2167.0021. BEST VALUE STANDARD FOR LEASE OF SPACE.
86-18 (a) The commission shall lease space for the use of a state agency
86-19 on the basis of obtaining the best value for the state.
86-20 (b) The commission shall adopt rules establishing guidelines
86-21 for the determination of best value in a lease contract. In
86-22 determining the best value, the commission may consider:
86-23 (1) the cost of the lease contract;
86-24 (2) the condition and location of lease space;
86-25 (3) utility costs;
86-26 (4) access to public transportation;
87-1 (5) parking availability;
87-2 (6) security;
87-3 (7) telephone service availability;
87-4 (8) indicators of probable lessor performance under
87-5 the contract, such as the lessor's financial resources and the
87-6 lessor's experience;
87-7 (9) compliance with the architectural barriers law,
87-8 Article 9102, Revised Statutes; and
87-9 (10) other relevant factors.
87-10 (c) This section does not prohibit the commission from
87-11 leasing space from the offeror that offers the space at the lowest
87-12 cost if the commission determines that doing so obtains the best
87-13 value for the state.
87-14 SECTION 10.02. Section 2167.003, Government Code, is amended
87-15 to read as follows:
87-16 Sec. 2167.003. FIRST CONSIDERATION TO HISTORIC STRUCTURE.
87-17 (a) In leasing space for the use of a state agency, the commission
87-18 or the private brokerage or real estate firm assisting the
87-19 commission shall give first consideration to a building that is
87-20 designated as a historic structure under Section 442.001 or to a
87-21 building that has been designated a landmark by a local governing
87-22 authority, if:
87-23 (1) the building meets requirements and
87-24 specifications; and
87-25 (2) the cost is not substantially higher than the cost
87-26 for other available buildings that meet requirements and
88-1 specifications.
88-2 (b) When it considers leasing space for a state agency, the
88-3 commission or the private brokerage or real estate firm assisting
88-4 the commission shall notify each individual and organization that
88-5 is:
88-6 (1) on a list furnished to the commission by the Texas
88-7 Historical Commission under Section 442.005; and
88-8 (2) in the county in which the commission is
88-9 considering leasing space.
88-10 (c) At the end of a biennium, the commission shall report to
88-11 the legislature the commission's reasons for rejecting during the
88-12 biennium the lease of any historic structure that was offered as
88-13 [in a bid to] lease space to the state.
88-14 SECTION 10.03. Section 2167.005, Government Code, is amended
88-15 to read as follows:
88-16 Sec. 2167.005. DELEGATION OF AUTHORITY TO STATE AGENCIES
88-17 [INSTITUTIONS OF HIGHER EDUCATION]. (a) The commission may
88-18 delegate to a state agency, including an institution of higher
88-19 education, the authority to enter into lease contracts for space
88-20 [for which payments are not made from money appropriated from the
88-21 general revenue fund].
88-22 (b) Any reports on the lease contracts made [by an
88-23 institution of higher education] under this delegated authority
88-24 shall be required annually.
88-25 SECTION 10.04. Subsection (b), Section 2167.006, Government
88-26 Code, is amended to read as follows:
89-1 (b) A state agency, including an [An] institution of higher
89-2 education, may not enter a lease contract under Section 2167.005
89-3 unless the agency [institution] complies with the architectural
89-4 barriers law, Article 9102, Revised Statutes.
89-5 SECTION 10.05. Section 2167.052, Government Code, is amended
89-6 by amending Subsection (a) and adding Subsection (c) to read as
89-7 follows:
89-8 (a) Space may be leased from a private source through:
89-9 (1) competitive bidding; [or]
89-10 (2) competitive sealed proposals under Section
89-11 2167.054; or
89-12 (3) direct negotiation.
89-13 (c) The commission shall use the method for leasing space
89-14 that provides the best value for the state.
89-15 SECTION 10.06. Subsections (a) and (c), Section 2167.053,
89-16 Government Code, are amended to read as follows:
89-17 (a) When space is leased through competitive bidding, the
89-18 commission shall determine the [lowest and best] bid that provides
89-19 the best value for the state after considering moving costs, the
89-20 cost of time lost in moving, the cost of telecommunications
89-21 services, and other relevant factors.
89-22 (c) If, after review of the bids and evaluation of all
89-23 relevant factors, the leasing state agency's opinion is that the
89-24 bid selected by the commission is not the [lowest and best] bid
89-25 that provides the best value for the state, it may file with the
89-26 commission a written recommendation that the award be made to a
90-1 bidder other than the commission's recommended bidder. The leasing
90-2 state agency's recommendation must contain the agency's
90-3 justification for its recommendation and a complete explanation of
90-4 all factors it considered.
90-5 SECTION 10.07. Subsections (a), (g), and (i), Section
90-6 2167.054, Government Code, are amended to read as follows:
90-7 (a) The commission may lease space using competitive sealed
90-8 proposals [if the commission first determines that competitive
90-9 bidding is not practical or is disadvantageous to the state].
90-10 (g) The commission shall make a written award of a lease to
90-11 the offeror whose proposal provides the best value for [is the most
90-12 advantageous to] the state, considering price and the evaluation
90-13 factors in the request for proposals. [The commission may not use
90-14 other factors or criteria in its evaluation.] The commission shall
90-15 state in writing in the contract file the reasons for which an
90-16 award is made.
90-17 (i) If the competitive sealed proposal procedure for leasing
90-18 space is used by a state agency [an institution of higher
90-19 education] that has been delegated leasing authority under Section
90-20 2167.005, the agency [institution:]
90-21 [(1) must first determine that competitive bidding is
90-22 not practical or is disadvantageous to the state; and]
90-23 [(2)] shall follow the procedures outlined by this
90-24 section and any rules adopted by the commission.
90-25 SECTION 10.08. Subchapter B, Chapter 2167, Government Code,
90-26 is amended by adding Section 2167.0541 to read as follows:
91-1 Sec. 2167.0541. USE OF PRIVATE FIRMS TO OBTAIN SPACE.
91-2 (a) The commission may contract with one or more private brokerage
91-3 or real estate firms to assist the commission in obtaining lease
91-4 space for state agencies on behalf of the commission under this
91-5 chapter.
91-6 (b) A private brokerage or real estate firm with which the
91-7 commission contracts under Subsection (a) may assist the commission
91-8 in leasing facilities under this chapter.
91-9 SECTION 10.09. Subsection (b), Section 2167.055, Government
91-10 Code, is amended to read as follows:
91-11 (b) A [The] lease contract entered into under Section
91-12 2167.053 or 2167.054 must reflect the provisions contained in the
91-13 invitation for bids or request for proposals, the successful bid or
91-14 proposal, and the award of the contract.
91-15 SECTION 10.10. Subchapter C, Chapter 2167, Government Code,
91-16 is amended by adding Sections 2167.105, 2167.106, and 2167.107 to
91-17 read as follows:
91-18 Sec. 2167.105. REPORT ON NONCOMPLIANCE. If the commission
91-19 determines that a state agency has not complied with the
91-20 commission's rules or with other state law related to leasing
91-21 requirements, the commission shall report the noncompliance to the
91-22 members of the state agency's governing body and to the governor,
91-23 lieutenant governor, and speaker of the house of representatives.
91-24 The commission shall include in its report an estimate of the
91-25 fiscal impact resulting from the noncompliance.
91-26 Sec. 2167.106. ANNUAL REPORT. The staff of the commission
92-1 shall annually submit a report to the commission regarding
92-2 opportunities for delegating leasing authority to state agencies
92-3 with statewide operations. The report must include comments from
92-4 state agencies with statewide operations.
92-5 Sec. 2167.107. WAREHOUSE SPACE USE STUDY. (a) The
92-6 commission shall evaluate the operation of the first four
92-7 state-leased warehouses in Austin for which the leases expire after
92-8 October 1, 2001. The commission shall work with the state agency
92-9 that operates the warehouse to reduce inefficient warehouse space
92-10 use and adopt practices that can reduce the agency's need for
92-11 warehouse space and eliminate warehouse leases.
92-12 (b) The commission and the state agency shall:
92-13 (1) identify excess inventory;
92-14 (2) determine the most appropriate ways to eliminate
92-15 excess inventory; and
92-16 (3) determine the extent to which the state agency
92-17 uses the following management principles in operating the
92-18 warehouse:
92-19 (A) automated order processing;
92-20 (B) training customers how to use the supply
92-21 system;
92-22 (C) changing relationships with suppliers to
92-23 reduce inventory maintained by the state agency;
92-24 (D) establishing supplier support agreements to
92-25 reduce the time for delivery from a supplier;
92-26 (E) training supply staff to use information to
93-1 manage supplies; and
93-2 (F) reducing administrative cycle times through
93-3 automation.
93-4 (c) The commission shall assist the state agency operating
93-5 the warehouse in developing a plan to reduce the need for warehouse
93-6 space by reducing inventory, selling surplus property, and
93-7 efficiently managing warehouse operations. Each agency shall
93-8 include the plan as part of its strategic plan submitted under
93-9 Chapter 2056 during calendar year 2002.
93-10 (d) This section expires September 1, 2003.
93-11 SECTION 10.11. A lease contract entered into by the General
93-12 Services Commission before September 1, 2001, under Chapter 2167,
93-13 Government Code, is governed during the remaining term of the lease
93-14 by Chapter 2167, Government Code, as it existed immediately before
93-15 September 1, 2001, and the prior law is continued in effect for
93-16 this purpose. Chapter 2167, Government Code, as amended by this
93-17 Act, applies to the renewal of a lease described by this section.
93-18 ARTICLE 11. SURPLUS PROPERTY
93-19 SECTION 11.01. Subdivision (1), Section 2175.001, Government
93-20 Code, is amended to read as follows:
93-21 (1) "Assistance organization" means:
93-22 (A) a nonprofit organization that provides
93-23 educational, health, or human services or assistance to homeless
93-24 individuals;
93-25 (B) a nonprofit food bank that solicits,
93-26 warehouses, and redistributes edible but unmarketable food to an
94-1 agency that feeds needy families and individuals;
94-2 (C) Texas Partners of the Americas, a registered
94-3 agency with the Advisory Committee on Voluntary Foreign Aid, with
94-4 the approval of the Partners of the Alliance office of the Agency
94-5 for International Development; [and]
94-6 (D) a group, including a faith-based group, that
94-7 enters into a financial or nonfinancial agreement with a health or
94-8 human services agency to provide services to that agency's clients;
94-9 (E) a nonprofit organization approved by the
94-10 Supreme Court of Texas that provides free legal services for
94-11 low-income households in civil matters; and
94-12 (F) the Texas Boll Weevil Eradication
94-13 Foundation, Inc., or an entity designated by the commissioner of
94-14 agriculture as the foundation's successor entity under Section
94-15 74.1011, Agriculture Code.
94-16 SECTION 11.02. Section 2175.065, Government Code, is amended
94-17 to read as follows:
94-18 Sec. 2175.065. DELEGATION OF AUTHORITY TO STATE AGENCY.
94-19 (a) The commission may authorize a state agency to dispose of
94-20 surplus or salvage property if the agency demonstrates to the
94-21 commission its ability to dispose of the property under Subchapters
94-22 C and E in a manner that results in cost savings to the state,
94-23 under commission rules adopted under this chapter.
94-24 (b) The commission shall establish by rule the criteria for
94-25 determining that a delegation of authority to a state agency
94-26 results in cost savings to the state.
95-1 SECTION 11.03. Subchapters C and D, Chapter 2175, Government
95-2 Code, are amended to read as follows:
95-3 SUBCHAPTER C. DIRECT TRANSFER OR OTHER DISPOSITION OF
95-4 SURPLUS OR SALVAGE PROPERTY BY STATE AGENCY
95-5 Sec. 2175.121. APPLICABILITY. This subchapter applies only
95-6 to surplus or salvage property to which Subchapter D does not
95-7 apply.
95-8 Sec. 2175.122. STATE AGENCY NOTICE TO COMMISSION. A state
95-9 agency that determines it has surplus or salvage property shall
95-10 inform the commission of the property's kind, number, location,
95-11 condition, original cost or value, and date of acquisition.
95-12 Sec. 2175.123. DETERMINING METHOD OF DISPOSAL. (a) Based
95-13 on the condition of the property, a state agency shall determine
95-14 whether the property is:
95-15 (1) surplus property that should be offered for
95-16 transfer under Section 2175.125 or sold to the public; or
95-17 (2) salvage property.
95-18 (b) The state agency shall inform the commission and the
95-19 comptroller of its determination.
95-20 Sec. 2175.124 [2175.122]. COMMISSION NOTICE TO OTHER
95-21 ENTITIES. After a determination that [On receiving notice from] a
95-22 state agency [that the agency] has surplus [or salvage] property,
95-23 the commission shall inform other state agencies, political
95-24 subdivisions, and assistance organizations of the comptroller's
95-25 website that lists surplus property that is available for sale [the
95-26 property's kind, number, location, and condition].
96-1 Sec. 2175.1245. ADVERTISING ON COMPTROLLER WEBSITE. Not
96-2 later than the second day after the date the comptroller receives
96-3 notice from a state agency that the agency has surplus property,
96-4 the comptroller shall advertise the property's kind, number,
96-5 location, and condition on the comptroller's website.
96-6 Sec. 2175.125 [2175.123]. DIRECT TRANSFER. During the 10
96-7 business [30] days after the date the property is posted on the
96-8 comptroller's website [following dissemination of information under
96-9 Section 2175.122], a state agency, political subdivision, or
96-10 assistance organization may coordinate directly with the reporting
96-11 state agency for a transfer of the property at a price established
96-12 by the reporting agency.
96-13 Sec. 2175.126 [2175.124]. NOTICE OF TRANSFER TO COMPTROLLER;
96-14 ADJUSTMENT OF APPROPRIATIONS AND PROPERTY ACCOUNTING RECORDS;
96-15 REMOVAL FROM WEBSITE. (a) If property is transferred to a state
96-16 agency, the participating agencies shall report the transaction to
96-17 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. 2175.127 [2175.125]. PRIORITY FOR TRANSFER TO STATE
97-1 AGENCY. During the 10 business [30] days after the date the
97-2 property is posted on the comptroller's website [of notice under
97-3 Section 2175.122], a transfer to a state agency has priority over
97-4 any other transfer under rules adopted by the commission.
97-5 Sec. 2175.128 [2175.126]. DISPOSITION OF DATA PROCESSING
97-6 EQUIPMENT. (a) If a disposition of a state agency's surplus or
97-7 salvage data processing equipment is not made under Section
97-8 2175.125 or 2175.184 [this subchapter], the state agency shall
97-9 transfer the equipment to the Texas Department of Criminal Justice.
97-10 The state agency may not collect a fee or other reimbursement from
97-11 the Texas Department of Criminal Justice for the surplus or salvage
97-12 data processing equipment.
97-13 (b) If a disposition of the surplus or salvage data
97-14 processing equipment of a state eleemosynary institution or an
97-15 institution or agency of higher education is not made under other
97-16 law, the institution or agency shall transfer the equipment to the
97-17 Texas Department of Criminal Justice. The institution or agency
97-18 may not collect a fee or other reimbursement from the Texas
97-19 Department of Criminal Justice for the surplus or salvage data
97-20 processing equipment.
97-21 [SUBCHAPTER D. DISPOSITION OF SURPLUS OR SALVAGE
97-22 PROPERTY BY COMPETITIVE BIDDING]
97-23 Sec. 2175.129 [2175.181]. DISPOSITION BY COMPETITIVE
97-24 BIDDING, [OR] AUCTION, OR DIRECT SALE. (a) If a disposition of a
97-25 state agency's surplus [or salvage] property is not made under
97-26 Section 2175.125 [Subchapter C], the commission shall:
98-1 (1) sell the property by competitive bid, [or]
98-2 auction, or direct sale to the public, including a sale using an
98-3 Internet auction site; or
98-4 (2) delegate to the state agency authority to sell the
98-5 property by competitive bid, auction, or direct sale to the public,
98-6 including a sale using an Internet auction site [bidding].
98-7 (b) The commission or a state agency to which authority is
98-8 delegated under Subsection (a)(2) or under Section 2175.065 shall
98-9 determine which method of sale shall be used based on the method
98-10 that is most advantageous to the state under the circumstances.
98-11 The commission shall adopt rules establishing guidelines for making
98-12 that determination.
98-13 (c) In using an Internet auction site to sell surplus
98-14 property under this section, the commission or state agency shall
98-15 post the property on the site for at least 10 days.
98-16 Sec. 2175.130. DISPOSITION BY DIRECT SALE TO PUBLIC.
98-17 (a) If the commission or a state agency to which authority is
98-18 delegated under Section 2175.129(a)(2) or 2175.065 determines that
98-19 selling the property by competitive bid or auction, including a
98-20 sale using an Internet auction site, would not maximize the resale
98-21 value of the property to the state, the commission or agency may
98-22 sell surplus or salvage property directly to the public.
98-23 (b) The commission, in cooperation with the state agency
98-24 that declared the property as surplus, or a state agency to which
98-25 authority is delegated under Section 2175.129(a)(2) or 2175.065
98-26 shall set a fixed price for the property.
99-1 Sec. 2175.131 [2175.182]. PURCHASER'S FEE. (a) The
99-2 commission or a state agency disposing of property by a method
99-3 other than direct transfer under this subchapter shall collect a
99-4 fee from the purchaser.
99-5 (b) The commission or state agency shall set the fee at an
99-6 amount that is:
99-7 (1) sufficient to recover costs associated with the
99-8 sale; and
99-9 (2) at least two percent but not more than 12 percent
99-10 of sale proceeds.
99-11 Sec. 2175.132 [2175.183]. ADVERTISEMENT OF SALE. If the
99-12 value of an item or a lot of property to be sold is estimated to be
99-13 more than $5,000, the commission or the state agency authorized to
99-14 sell the property shall advertise the sale at least once in at
99-15 least one newspaper of general circulation in the vicinity in which
99-16 the property is located.
99-17 Sec. 2175.133 [2175.184]. REPORTING SALE; PROPERTY
99-18 ACCOUNTING ADJUSTMENT. (a) On the sale by the commission of
99-19 surplus or salvage property, the commission shall report the
99-20 property sold and the sale price to the state agency that declared
99-21 the property as surplus or salvage.
99-22 (b) A state agency for which surplus or salvage property is
99-23 sold or that sells surplus or salvage property under authority of
99-24 the commission shall report the sale and amount of sale proceeds to
99-25 the comptroller.
99-26 (c) If property reported under this section is on the state
100-1 property accounting system, the comptroller shall remove the
100-2 property from the property accounting records.
100-3 Sec. 2175.134 [2175.185]. PROCEEDS OF SALE. (a) Proceeds
100-4 from the sale of surplus or salvage property, less the cost of
100-5 advertising the sale, the cost of selling the surplus or salvage
100-6 property, including the cost of auctioneer services, and the amount
100-7 of the fee collected under Section 2175.131 [2175.182], shall be
100-8 deposited to the credit of the appropriate appropriation item of
100-9 the state agency for which the sale was made.
100-10 (b) The portion of sale proceeds equal to the cost of
100-11 advertising the sale and the cost of selling the surplus or salvage
100-12 property, including the cost of auctioneer services, shall be
100-13 deposited in the state treasury to the credit of the appropriation
100-14 item of the commission or other state agency from which the costs
100-15 were paid.
100-16 Sec. 2175.135 [2175.186]. PURCHASER'S TITLE. A purchaser of
100-17 surplus [or salvage] property at a sale conducted under Section
100-18 2175.129 or 2175.130 [this subchapter] obtains good title to the
100-19 property if the purchaser has in good faith complied with:
100-20 (1) the conditions of the sale; and
100-21 (2) applicable commission rules.
100-22 SUBCHAPTER D. DISPOSITION OF SURPLUS OR SALVAGE
100-23 PROPERTY BY COMMISSION
100-24 Sec. 2175.181. APPLICABILITY. (a) This subchapter applies
100-25 only to surplus and salvage property located in:
100-26 (1) Travis County;
101-1 (2) a county in which federal surplus property is
101-2 warehoused by the commission under Subchapter G; or
101-3 (3) a county for which the commission determines that
101-4 it is cost-effective to follow the procedures created under this
101-5 subchapter and informs affected state agencies of that
101-6 determination.
101-7 (b) This subchapter does not apply to a state agency
101-8 delegated the authority to dispose of surplus or salvage property
101-9 under Section 2175.065.
101-10 Sec. 2175.1815. ALTERNATIVE APPLICABILITY. (a)
101-11 Notwithstanding Section 2175.181, until January 1, 2003, this
101-12 subchapter applies only to a state agency selected by the
101-13 commission to participate in the disposal process created under
101-14 this subchapter.
101-15 (b) Subchapter C applies to a state agency that is not
101-16 selected by the commission to participate under this subchapter.
101-17 (c) This section expires January 1, 2003.
101-18 Sec. 2175.182. STATE AGENCY TRANSFER OF PROPERTY TO
101-19 COMMISSION. (a) The commission is responsible for the disposal of
101-20 surplus or salvage property under this subchapter. The commission
101-21 may take physical possession of the property. A state agency
101-22 maintains ownership of property throughout the disposal process.
101-23 (b) Based on the condition of the property, the commission
101-24 shall determine whether the property is:
101-25 (1) surplus property that should be offered for
101-26 transfer under Section 2175.184 or sold to the public; or
102-1 (2) salvage property.
102-2 (c) The commission shall inform the comptroller's office of
102-3 the property's kind, number, location, condition, original cost or
102-4 value, and date of acquisition.
102-5 Sec. 2175.1825. ADVERTISING ON COMPTROLLER WEBSITE. Not
102-6 later than the second day after the date the comptroller receives
102-7 notice from the commission under Section 2175.182(c), the
102-8 comptroller shall advertise the property's kind, number, location,
102-9 and condition on the comptroller's website.
102-10 Sec. 2175.183. COMMISSION NOTICE TO OTHER ENTITIES. On
102-11 taking responsibility for surplus property under this subchapter,
102-12 the commission shall inform other state agencies, political
102-13 subdivisions, and assistance organizations of the comptroller's
102-14 website that lists surplus property that is available for sale.
102-15 Sec. 2175.184. DIRECT TRANSFER. During the 10 business days
102-16 after the date the property is posted on the comptroller's website,
102-17 a state agency, political subdivision, or assistance organization
102-18 may coordinate with the commission for a transfer of the property
102-19 at a price established by the commission in cooperation with the
102-20 transferring agency. A transfer to a state agency has priority
102-21 over any other transfer during this period.
102-22 Sec. 2175.185. NOTICE OF TRANSFER TO COMPTROLLER; ADJUSTMENT
102-23 OF APPROPRIATIONS AND PROPERTY ACCOUNTING RECORDS; REMOVAL FROM
102-24 WEBSITE. (a) If property is transferred to a state agency under
102-25 Section 2175.184, the participating agencies shall report the
102-26 transaction to the comptroller.
103-1 (b) On receiving notice under this section, the comptroller
103-2 shall, if necessary:
103-3 (1) debit and credit the proper appropriations; and
103-4 (2) adjust state property accounting records.
103-5 (c) Not later than the second day after the date the
103-6 comptroller receives notice under Subsection (a), the comptroller
103-7 shall remove the property from the list of surplus property for
103-8 sale on the comptroller's website.
103-9 Sec. 2175.186. DISPOSITION BY COMPETITIVE BIDDING, AUCTION,
103-10 OR DIRECT SALE. (a) If a disposition of a state agency's surplus
103-11 property is not made under Section 2175.184, the commission shall
103-12 sell the property by competitive bid, auction, or direct sale to
103-13 the public, including a sale using an Internet auction site.
103-14 (b) The commission shall determine which method of sale
103-15 shall be used based on the method that is most advantageous to the
103-16 state under the circumstances. The commission shall adopt rules
103-17 establishing guidelines for making that determination.
103-18 (c) In using an Internet auction site to sell surplus
103-19 property under this section, the commission shall post the property
103-20 on the site for at least 10 days.
103-21 Sec. 2175.187. DISPOSITION BY DIRECT SALE TO PUBLIC.
103-22 (a) If the commission determines that selling the property by
103-23 competitive bid or auction, including a sale using an Internet
103-24 auction site, would not maximize the resale value of the property
103-25 to the state, the commission may sell surplus property directly to
103-26 the public.
104-1 (b) The commission shall set a fixed price for the property
104-2 in cooperation with the state agency that owns the property.
104-3 Sec. 2175.188. PURCHASER'S FEE. (a) For property that is
104-4 sold under Section 2175.186 or 2175.187, the commission shall
104-5 collect a fee from the purchaser.
104-6 (b) The commission shall set the fee at an amount that is:
104-7 (1) sufficient to recover costs associated with the
104-8 sale; and
104-9 (2) at least two percent but not more than 12 percent
104-10 of sale proceeds.
104-11 Sec. 2175.189. ADVERTISEMENT OF SALE. If the value of an
104-12 item or a lot of property to be sold is estimated to be more than
104-13 $5,000, the commission shall advertise the sale at least once in at
104-14 least one newspaper of general circulation in the vicinity in which
104-15 the property is located.
104-16 Sec. 2175.190. REPORTING SALE; PROPERTY ACCOUNTING
104-17 ADJUSTMENT. (a) On the sale by the commission of surplus or
104-18 salvage property, the commission shall report the property sold and
104-19 the sale price to the state agency that owned the property and to
104-20 the comptroller.
104-21 (b) If property reported under this section is on the state
104-22 property accounting system, the comptroller shall remove the
104-23 property from the property accounting records.
104-24 Sec. 2175.191. PROCEEDS OF SALE. (a) Proceeds from the
104-25 sale of surplus or salvage property, less the cost of advertising
104-26 the sale, the cost of selling the surplus or salvage property,
105-1 including the cost of auctioneer services, and the amount of the
105-2 fee collected under Section 2175.188, shall be deposited to the
105-3 credit of the appropriate appropriation item of the state agency
105-4 for which the sale was made.
105-5 (b) The portion of sale proceeds equal to the cost of
105-6 advertising the sale and the cost of selling the surplus or salvage
105-7 property, including the cost of auctioneer services, if any, shall
105-8 be deposited in the state treasury to the credit of the
105-9 appropriation item of the commission.
105-10 Sec. 2175.192. PURCHASER'S TITLE. A purchaser of surplus
105-11 property at a sale conducted under Section 2175.186 or 2175.187
105-12 obtains good title to the property if the purchaser has in good
105-13 faith complied with:
105-14 (1) the conditions of the sale; and
105-15 (2) applicable commission rules.
105-16 Sec. 2175.193. CONTRACTS FOR DESTRUCTION OF PROPERTY. The
105-17 commission shall contract for the disposal of property under
105-18 Subchapter E in a manner that maximizes value to the state.
105-19 SECTION 11.04. This article takes effect January 1, 2002.
105-20 ARTICLE 12. PAPER RECYCLING PROGRAM
105-21 SECTION 12.01. Section 2175.902, Government Code, is amended
105-22 to read as follows:
105-23 Sec. 2175.902. MANDATORY PAPER RECYCLING PROGRAM. (a) The
105-24 commission shall establish a mandatory recycling program for a
105-25 state agency that occupies a building [and maintain in each
105-26 building] under its control [procedures for collecting separately
106-1 from other wastes all paper for recycling disposed of in that
106-2 building]. By rule, the commission shall:
106-3 (1) establish guidelines and procedures for collecting
106-4 and recycling of paper;
106-5 (2) set recycling goals and performance measures;
106-6 (3) require state agencies to designate a recycling
106-7 coordinator;
106-8 (4) provide employee and custodial education and
106-9 training;
106-10 (5) provide feedback and recognition to state agencies
106-11 when appropriate; and
106-12 (6) inform state agencies when proper recycling
106-13 methods are not used.
106-14 (b) If the commission finds that a state agency's recycling
106-15 program meets or exceeds the standards created under Subsection
106-16 (a), the [The] commission may delegate its responsibility under
106-17 this section [subsection] to a state agency located in a [each]
106-18 building under its control.
106-19 (c) [(b)] The commission or a state agency with delegated
106-20 responsibility under Subsection (b) [(a)] shall sell the paper for
106-21 recycling to the highest bidder.
106-22 (d) The commission may enter into an interagency agreement
106-23 to provide recycling services to a state agency otherwise excluded
106-24 from the program.
107-1 ARTICLE 13. HISTORICALLY UNDERUTILIZED BUSINESSES
107-2 SECTION 13.01. Section 2161.061, Government Code, is amended
107-3 to read as follows:
107-4 Sec. 2161.061. COMMISSION CERTIFICATION OF HISTORICALLY
107-5 UNDERUTILIZED BUSINESSES[; MUNICIPAL CERTIFICATION]. (a) The
107-6 commission shall certify historically underutilized businesses.
107-7 (b) As one of its certification procedures, the commission
107-8 may:
107-9 (1) approve the certification program of one or more
107-10 local governments or nonprofit organizations in this state that
107-11 certify historically underutilized businesses, minority business
107-12 enterprises, women's business enterprises, or disadvantaged
107-13 business enterprises under substantially the same definition, to
107-14 the extent applicable, used by Section 2161.001, if the local
107-15 government or nonprofit organization meets or exceeds the standards
107-16 established by the commission; and
107-17 (2) certify a business that is certified by a [under
107-18 the] local government or by a nonprofit organization [program] as a
107-19 historically underutilized business under this chapter.
107-20 (c) To maximize the number of certified historically
107-21 underutilized businesses, the commission shall enter into
107-22 agreements with local governments in this state that conduct
107-23 certification programs described by Subsection (b) and with
107-24 nonprofit organizations. The commission may terminate an agreement
107-25 if a local government or nonprofit organization fails to meet the
107-26 standards established by the commission for certifying historically
108-1 underutilized businesses. The agreements must take effect
108-2 immediately and:
108-3 (1) allow for automatic certification of businesses
108-4 certified by [under] the local government or nonprofit organization
108-5 [program];
108-6 (2) provide for the efficient updating of the
108-7 commission database containing information about historically
108-8 underutilized businesses and potential historically underutilized
108-9 businesses; and
108-10 (3) provide for a method by which the commission may
108-11 efficiently communicate with businesses certified by [under] the
108-12 local government or nonprofit organization [program] and provide
108-13 those businesses with information about the state historically
108-14 underutilized business program.
108-15 (d) A local government or a nonprofit organization that
108-16 certifies historically underutilized businesses, minority business
108-17 enterprises, women's business enterprises, or disadvantaged
108-18 business enterprises as described in Subsections (b) and (c) shall
108-19 complete the certification of an applicant or provide an applicant
108-20 with written justification of its certification denial within the
108-21 period established by the commission in its rules for certification
108-22 activities.
108-23 SECTION 13.02. Subsection (a), Section 2161.253, Government
108-24 Code, is amended to read as follows:
108-25 (a) When a state agency requires a historically
108-26 underutilized business subcontracting plan under Section 2161.252,
109-1 the awarded contract shall contain, as a provision of the contract
109-2 that must be fulfilled, the plan that the contractor submitted in
109-3 its bid, proposal, offer, or other applicable expression of
109-4 interest for the contract. The contractor shall make good faith
109-5 efforts to implement the plan. A contractor's participation in a
109-6 mentor-protege program under Section 2161.065 and submission of a
109-7 protege as a subcontractor in the contractor's historically
109-8 underutilized business subcontracting plan constitutes a good faith
109-9 effort under this section for the particular area of the
109-10 subcontracting plan involving the protege.
109-11 ARTICLE 14. MISCELLANEOUS PROVISIONS
109-12 SECTION 14.01. Section 2054.022, Government Code, is amended
109-13 to read as follows:
109-14 Sec. 2054.022. CONFLICT OF INTEREST. (a) A member of the
109-15 board or the executive director [an employee of the department] may
109-16 not:
109-17 (1) be a person required to register as a lobbyist
109-18 under Chapter 305 because of the person's activities for
109-19 compensation on behalf of a business entity that has, or on behalf
109-20 of a trade association of business entities that have, a
109-21 substantial interest in the information resources technologies
109-22 industry;
109-23 (2) be an officer, employee, or paid consultant of a
109-24 business entity that has, or of a trade association of business
109-25 entities that have, a substantial interest in the information
109-26 resources technologies industry and that may contract with state
110-1 government;
110-2 (3) own, control, or have, directly or indirectly,
110-3 more than a 10 percent interest in a business entity that has a
110-4 substantial interest in the information resources technologies
110-5 industry and that may contract with state government;
110-6 (4) receive more than 25 percent of the individual's
110-7 income from a business entity that has a substantial interest in
110-8 the information resources technologies industry and that may
110-9 contract with state government;
110-10 (5) be interested in or connected with a contract or
110-11 bid for furnishing a state agency with information resources
110-12 technologies;
110-13 (6) be employed by a state agency as a consultant on
110-14 information resources technologies; or
110-15 (7) accept or receive money or another thing of value
110-16 from an individual, firm, or corporation to whom a contract may be
110-17 awarded, directly or indirectly, by rebate, gift, or otherwise.
110-18 (b) A person who is the spouse of an officer, employee, or
110-19 paid consultant of a business entity that has, or of a trade
110-20 association of business entities that have, a substantial interest
110-21 in the information resources technologies industry and that may
110-22 contract with state government may not be[:]
110-23 [(1)] a member of the board or the executive
110-24 director[; or]
110-25 [(2) an employee of the department who:]
110-26 [(A) is exempt from the state's position
111-1 classification plan; or]
111-2 [(B) is compensated at or above the amount
111-3 prescribed by the General Appropriations Act for step 1, salary
111-4 group 17, of the position classification salary schedule].
111-5 (c) An employee of the department, other than the executive
111-6 director:
111-7 (1) may not participate in the department's bidding
111-8 process, including the proposal development related to a contract
111-9 and the negotiation of a contract, if:
111-10 (A) the employee receives more than five percent
111-11 of the employee's income from any likely bidder on the contract; or
111-12 (B) the employee's spouse is employed by any
111-13 likely bidder on the contract; and
111-14 (2) may not:
111-15 (A) be a person required to register as a
111-16 lobbyist under Chapter 305 because of the person's activities for
111-17 compensation on behalf of a business entity that has, or on behalf
111-18 of a trade association of business entities that have, a
111-19 substantial interest in the information resources technologies
111-20 industry; or
111-21 (B) be employed by a state agency as a
111-22 consultant on information resources technologies.
111-23 (d) For the purposes of this section, a trade association is
111-24 a nonprofit, cooperative, and voluntarily joined association of
111-25 business or professional competitors in this state designed to
111-26 assist its members and its industry or profession in dealing with
112-1 mutual business or professional problems and in promoting their
112-2 common interest.
112-3 (e) [(d)] The executive director shall dismiss an employee
112-4 of the department who violates a prohibition under Subsection (c)
112-5 [(a)], and the board shall remove the executive director if the
112-6 executive director violates a prohibition under Subsection (a).
112-7 SECTION 14.02. Section 552.010, Government Code, is amended
112-8 to read as follows:
112-9 Sec. 552.010. STATE GOVERNMENTAL BODIES: FISCAL AND OTHER
112-10 INFORMATION RELATING TO MAKING INFORMATION ACCESSIBLE. (a) Each
112-11 state governmental body shall report to the Texas Building and
112-12 Procurement Commission [Legislative Budget Board] the information
112-13 the commission [board] requires regarding:
112-14 (1) the number and nature of requests for information
112-15 the state governmental body processes under this chapter in the
112-16 period covered by the report; and
112-17 (2) the cost to the state governmental body in that
112-18 period in terms of capital expenditures and personnel time of:
112-19 (A) responding to requests for information under
112-20 this chapter; and
112-21 (B) making information available to the public
112-22 by means of the Internet or another electronic format.
112-23 (b) The Texas Building and Procurement Commission
112-24 [Legislative Budget Board] shall design and phase in the reporting
112-25 requirements in a way that:
112-26 (1) minimizes the reporting burden on state
113-1 governmental bodies; and
113-2 (2) allows the legislature and state governmental
113-3 bodies to estimate the extent to which it is cost-effective for
113-4 state government, and if possible the extent to which it is
113-5 cost-effective or useful for members of the public, to make
113-6 information available to the public by means of the Internet or
113-7 another electronic format as a supplement or alternative to
113-8 publicizing the information only in other ways or making the
113-9 information available only in response to requests made under this
113-10 chapter.
113-11 (c) The open records steering committee and the state
113-12 auditor, at the request of the Texas Building and Procurement
113-13 Commission [Legislative Budget Board], shall assist the commission
113-14 [board] in designing its reporting requirements under this section.
113-15 The commission [board] shall share the information reported under
113-16 this section with the open records steering committee.
113-17 SECTION 14.03. Subchapter H, Chapter 2155, Government Code,
113-18 is amended by adding Section 2155.449 to read as follows:
113-19 Sec. 2155.449. PREFERENCE TO PRODUCTS AND SERVICES FROM
113-20 ECONOMICALLY DEPRESSED OR BLIGHTED AREA. (a) In this section,
113-21 "economically depressed or blighted area" means an area that:
113-22 (1) is an economically depressed or blighted area as
113-23 defined by Section 2306.004; or
113-24 (2) meets the definition of a historically
113-25 underutilized business zone as defined by 15 U.S.C. Section 632(p).
113-26 (b) The commission and all state agencies procuring goods or
114-1 services shall give preference to goods or services produced in an
114-2 economically depressed or blighted area if:
114-3 (1) the goods or services meet state specifications
114-4 regarding quantity and quality; and
114-5 (2) the cost of the good or service does not exceed
114-6 the cost of other similar products or services that are not
114-7 produced in an economically depressed or blighted area.
114-8 SECTION 14.04. Subdivision (1), Section 2258.001, Government
114-9 Code, is amended to read as follows:
114-10 (1) "Locality in which the work is performed" means:
114-11 (A) for a contract for a public work awarded by
114-12 the state, the political subdivision of the state in which the
114-13 public work is located:
114-14 (i) [,] which may include a county,
114-15 municipality, county and municipality, or district, except as
114-16 provided by Subparagraph (ii); and
114-17 (ii) which, in a municipality with a
114-18 population of 500,000 or more, may only include the geographic
114-19 limits of the municipality; or
114-20 (B) for a contract for a public work awarded by
114-21 a political subdivision of the state, the geographical limits of
114-22 the political subdivision.
114-23 SECTION 14.05. Section 2258.022, Government Code, is amended
114-24 to read as follows:
114-25 Sec. 2258.022. DETERMINATION OF PREVAILING WAGE RATES.
114-26 (a) For a contract for a public work awarded by a political
115-1 subdivision of the state, the [A] public body shall determine the
115-2 general prevailing rate of per diem wages in the locality in which
115-3 the public work is to be performed for each craft or type of worker
115-4 needed to execute the contract and the prevailing rate for legal
115-5 holiday and overtime work by:
115-6 (1) conducting a survey of the wages received by
115-7 classes of workers employed on projects of a character similar to
115-8 the contract work in the political subdivision of the state in
115-9 which the public work is to be performed; or
115-10 (2) using the prevailing wage rate as determined by
115-11 the United States Department of Labor in accordance with the
115-12 Davis-Bacon Act (40 U.S.C. Section 276a et seq.), and its
115-13 subsequent amendments, if the survey used to determine that rate
115-14 was conducted within a three-year period preceding the date the
115-15 public body calls for bids for the public work.
115-16 (b) This subsection applies only to a public work located in
115-17 a county bordering the United Mexican States or in a county
115-18 adjacent to a county bordering the United Mexican States. For a
115-19 contract for a public work awarded by the state, the public body
115-20 shall determine the general prevailing rate of per diem wages in
115-21 the locality in which the public work is to be performed for each
115-22 craft or type of worker needed to execute the contract and the
115-23 prevailing rate for legal holiday and overtime work as follows.
115-24 The public body shall conduct a survey of the wages received by
115-25 classes of workers employed on projects of a character similar to
115-26 the contract work both statewide and in the political subdivision
116-1 of the state in which the public work is to be performed. The
116-2 public body shall also consider the prevailing wage rate as
116-3 determined by the United States Department of Labor in accordance
116-4 with the Davis-Bacon Act (40 U.S.C. Section 276a et seq.), and its
116-5 subsequent amendments, but only if the survey used to determine
116-6 that rate was conducted within a three-year period preceding the
116-7 date the public body calls for bids for the public work. The
116-8 public body shall determine the general prevailing rate of per diem
116-9 wages in the locality based on the higher of:
116-10 (1) the rate determined from the survey conducted in
116-11 the political subdivision;
116-12 (2) the arithmetic mean between the rate determined
116-13 from the survey conducted in the political subdivision and the rate
116-14 determined from the statewide survey; and
116-15 (3) if applicable, the arithmetic mean between the
116-16 rate determined from the survey conducted in the political
116-17 subdivision and the rate determined by the United States Department
116-18 of Labor.
116-19 (c) The public body shall determine the general prevailing
116-20 rate of per diem wages as a sum certain, expressed in dollars and
116-21 cents.
116-22 (d) [(c)] A public body shall specify in the call for bids
116-23 for the contract and in the contract itself the wage rates
116-24 determined under this section.
116-25 (e) [(d)] The public body's determination of the general
116-26 prevailing rate of per diem wages is final.
117-1 SECTION 14.06. The changes made to Sections 2258.001 and
117-2 2258.022, Government Code, by this Act apply only to determining
117-3 the general prevailing rate of per diem wages in connection with a
117-4 contract for constructing a public work awarded by the state if the
117-5 state first requests bids or proposals for its contract on or after
117-6 the effective date of this Act.
117-7 SECTION 14.07. Section 2260.002, Government Code, is amended
117-8 to read as follows:
117-9 Sec. 2260.002. Applicability. This chapter does not apply
117-10 to:
117-11 (1) a claim for personal injury or wrongful death
117-12 arising from the breach of a contract; or
117-13 (2) a contract executed or awarded on or before August
117-14 30, 1999.
117-15 SECTION 14.08. Subsection (a), Section 2260.003, Government
117-16 Code, is amended to read as follows:
117-17 (a) The total amount of money recoverable on a claim for
117-18 breach of contract under this chapter may not, after deducting the
117-19 amount specified in Subsection (b), exceed an amount equal to the
117-20 sum of:
117-21 (1) the balance due and owing on the contract price;
117-22 and
117-23 (2) the amount or fair market value of orders or
117-24 requests[, including orders] for additional work made by a unit of
117-25 state government to the extent that the orders or requests for
117-26 additional work were actually performed.
118-1 SECTION 14.09. Section 2260.005, Government Code, is amended
118-2 to read as follows:
118-3 Sec. 2260.005. Exclusive Procedure. Subject to Section
118-4 2260.007, the [The] procedures contained in this chapter are
118-5 exclusive and required prerequisites to suit in accordance with
118-6 Chapter 107, Civil Practice and Remedies Code.
118-7 SECTION 14.10. Subchapter A, Chapter 2260, Government Code,
118-8 is amended by adding Section 2260.007 to read as follows:
118-9 Sec. 2260.007. LEGISLATIVE PERMISSION TO SUE. (a)
118-10 Notwithstanding Section 2260.005, the legislature retains the
118-11 authority to deny or grant a waiver of immunity to suit against a
118-12 unit of state government by statute, resolution, or any other means
118-13 the legislature may determine appropriate.
118-14 (b) This chapter does not and may not be interpreted to:
118-15 (1) divest the legislature of the authority to grant
118-16 permission to sue a unit of state government on the terms,
118-17 conditions, and procedures that the legislature may specify in the
118-18 measure granting the permission;
118-19 (2) require that the legislature, in granting or
118-20 denying permission to sue a unit of state government, comply with
118-21 this chapter; or
118-22 (3) limit in any way the effect of a legislative grant
118-23 of permission to sue a unit of state government unless the grant
118-24 itself provides that this chapter may have that effect.
118-25 SECTION 14.11. (a) Except for Section 2260.002(2),
118-26 Government Code, as amended by this Act, which applies according to
119-1 its own terms, the changes made to Sections 2260.002, 2260.003, and
119-2 2260.005, Government Code, as amended by this Act, and Section
119-3 2260.007, Government Code, as added by this Act, apply only to a
119-4 contract executed on or after the effective date of this Act. A
119-5 contract executed before the effective date of this Act is governed
119-6 by the law applicable to the contract immediately before the
119-7 effective date of this Act, and that law is continued in effect for
119-8 that purpose.
119-9 (b) Notwithstanding Subsection (a) of this section, a waiver
119-10 of sovereign immunity to suit granted by a concurrent resolution
119-11 passed by the 77th Legislature that applies to a contract entered
119-12 into before the effective date of this Act shall be effective
119-13 according to its terms.
119-14 SECTION 14.12. Subsection (f), Section 2165.005, Government
119-15 Code, is amended to read as follows:
119-16 (f) A building that [which] will be used as a state or
119-17 regional headquarters for a state agency, other than a university
119-18 building, a secure correctional facility operated by the Texas
119-19 Youth Commission, or a prison, may bear the name of a person only
119-20 if the person is deceased and was significant in the state's
119-21 history.
119-22 SECTION 14.13. The Texas Building and Procurement Commission
119-23 shall rename the Jefferson County State School for the Honorable Al
119-24 Price.
119-25 SECTION 14.14. None of the changes in law made by this Act
119-26 are intended to weaken provisions of law favorable to small
120-1 businesses or historically underutilized businesses. None of the
120-2 changes in law made by this Act may be construed in such a way as
120-3 to weaken provisions of law favorable to small businesses or
120-4 historically underutilized businesses.
120-5 SECTION 14.15. The maximum annual salary of the executive
120-6 director of the State Preservation Board during the state fiscal
120-7 biennium beginning September 1, 2001, is equal to the maximum
120-8 annual salary set for the executive director of the General
120-9 Services Commission prescribed by the General Appropriations Act
120-10 for the biennium.
120-11 SECTION 14.16. Subsection (b), Section 2155.074, Government
120-12 Code, is amended to read as follows:
120-13 (b) In determining the best value for the state, the
120-14 purchase price and whether the goods or services meet
120-15 specifications are the most important considerations. However, the
120-16 commission or other state agency may, subject to Subsection (c) and
120-17 Section 2155.075, consider other relevant factors, including:
120-18 (1) installation costs;
120-19 (2) life cycle costs;
120-20 (3) the quality and reliability of the goods and
120-21 services;
120-22 (4) the delivery terms;
120-23 (5) indicators of probable vendor performance under
120-24 the contract such as past vendor performance, the vendor's
120-25 financial resources and ability to perform, the vendor's experience
120-26 or demonstrated capability and responsibility, and the vendor's
121-1 ability to provide reliable maintenance agreements and support;
121-2 (6) the cost of any employee training associated with
121-3 a purchase;
121-4 (7) the effect of a purchase on agency productivity;
121-5 [and]
121-6 (8) the vendor's anticipated economic impact to the
121-7 state or a subdivision of the state, including potential tax
121-8 revenue and employment; and
121-9 (9) other factors relevant to determining the best
121-10 value for the state in the context of a particular purchase.
121-11 SECTION 14.17. Subchapter Z, Chapter 2252, Government Code,
121-12 is amended by adding Section 2252.902 to read as follows:
121-13 Sec. 2252.902. INDEMNITY PROVISIONS IN CONSTRUCTION
121-14 CONTRACTS. (a) In this section, "construction contract" means a
121-15 contract or agreement made and entered into by a state governmental
121-16 entity, contractor, construction manager, subcontractor, supplier,
121-17 or equipment lessor, concerning the construction, alteration, or
121-18 repair, of a state public building or carrying out or completing
121-19 any state public work.
121-20 (b) Except as proved by Subsection (c), a covenant, promise,
121-21 or agreement contained in a construction contract, or in an
121-22 agreement collateral to or affecting a construction contract, is
121-23 void and unenforceable to the extent that it indemnifies a person
121-24 against all or any portion of loss or liability for damage that:
121-25 (1) is caused by or results from the sole, joint, or
121-26 concurrent negligence of the indemnitee, its agent, employee, or
122-1 another independent contractor directly responsible to the
122-2 indemnitee; and
122-3 (2) arises from:
122-4 (A) personal injury or death;
122-5 (B) property damage;
122-6 (C) a fine, penalty, administrative action, or
122-7 other action assessed by a governmental entity directly against the
122-8 indemnitee, its agent or employee, or an independent contractor
122-9 directly responsible to the indemnitee; or
122-10 (D) any other loss, damage, or expense that
122-11 arises from an occurrence described by Paragraphs (A), (B), or (C).
122-12 (c) A covenant, promise, or agreement, contained in a
122-13 construction contract, or in an agreement collateral to or
122-14 affecting a construction contract, may provide for a person to
122-15 indemnify, hold harmless, or defend another person against loss or
122-16 liability for damage that is caused by or results from the sole,
122-17 joint, or concurrent negligence of the indemnitee or its agent or
122-18 employee and arises from the bodily injury or death of an employee
122-19 of:
122-20 (1) the indemnitor;
122-21 (2) the indemnitor's subcontractor, supplier, or
122-22 equipment lessor;
122-23 (3) any lower-tier subcontractor, supplier, or
122-24 equipment lessor of the indemnitor's subcontractor; or
122-25 (4) any independent contractor directly responsible to
122-26 a person described in Subdivisions (1)-(3).
123-1 (d) This chapter does not affect the validity and
123-2 enforceability of:
123-3 (1) an insurance contract;
123-4 (2) benefits and protections under the workers'
123-5 compensation laws of this state; or
123-6 (3) any statutory right of contribution.
123-7 (e) This section may not be waived by contract or otherwise.
123-8 ARTICLE 15. EFFECTIVE DATE
123-9 SECTION 15.01. Except as otherwise provided by this Act,
123-10 this Act takes effect September 1, 2001.
S.B. No. 311
_______________________________ _______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 311 passed the Senate on
April 24, 2001, by a viva-voce vote; May 25, 2001, Senate refused
to concur in House amendments and requested appointment of
Conference Committee; May 25, 2001, House granted request of the
Senate; May 27, 2001, Senate adopted Conference Committee Report by
a viva-voce vote.
_______________________________
Secretary of the Senate
I hereby certify that S.B. No. 311 passed the House, with
amendments, on May 23, 2001, by a non-record vote; May 25, 2001,
House granted request of the Senate for appointment of Conference
Committee; May 27, 2001, House adopted Conference Committee Report
by a non-record vote.
_______________________________
Chief Clerk of the House
Approved:
_______________________________
Date
_______________________________
Governor