77R16132 MTB-D
By Zaffirini S.B. No. 311
Substitute the following for S.B. No. 311:
By Wolens C.S.S.B. No. 311
A BILL TO BE ENTITLED
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 Procurement
1-4 Commission, the Department of Information Resources, and a newly
1-5 created Texas Building Commission; and to the operations of certain
1-6 other state agencies having functions transferred from or
1-7 associated with the commission, including the telecommunications
1-8 planning and oversight council, the attorney general, and the State
1-9 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. Subchapter A, Chapter 552, Government Code, is
1-14 amended by adding Section 552.0095 to read as follows:
1-15 Sec. 552.0095. TRANSFER OF POWERS AND DUTIES TO ATTORNEY
1-16 GENERAL. The powers and duties of the General Services Commission
1-17 under this chapter are transferred to the Texas Procurement
1-18 Commission.
1-19 SECTION 1.02. Section 1232.003(4), Government Code, is
1-20 amended to read as follows:
1-21 (4) "Commission" means the Texas Building [General
1-22 Services] Commission.
1-23 SECTION 1.03. Section 2151.002(1), Government Code, is
1-24 amended to read as follows:
2-1 (1) "Commission" means the Texas Building [General
2-2 Services] Commission, the Department of Information Resources, or
2-3 the Texas Procurement Commission, as appropriate.
2-4 SECTION 1.04. Section 2151.003, Government Code, is amended
2-5 to read as follows:
2-6 Sec. 2151.003. REFERENCE. A statutory reference to the State
2-7 Board of Control or the State Purchasing and General Services
2-8 Commission means the Texas Building [General Services] Commission,
2-9 the Department of Information Resources, or the Texas Procurement
2-10 Commission, as appropriate.
2-11 SECTION 1.05. Chapter 2151, Government Code, is amended by
2-12 adding Sections 2151.004, 2151.005, and 2151.006 to read as
2-13 follows:
2-14 Sec. 2151.004. TRANSFER OF POWERS AND DUTIES TO TEXAS
2-15 BUILDING COMMISSION. (a) The powers and duties of the General
2-16 Services Commission under Chapters 2165-2167, Chapter 2176, or
2-17 other law relating to state buildings, grounds, or property or
2-18 related services, other than powers and duties relating to the
2-19 purchase of goods or to the disposition of surplus or salvage
2-20 property, are transferred to the Texas Building Commission.
2-21 (b) A reference in law to the General Services Commission
2-22 that relates to the powers and duties of the General Services
2-23 Commission under Chapters 2165-2167, Chapter 2176, or other law
2-24 relating to state buildings, grounds, or property or related
2-25 services, other than powers and duties relating to the purchase of
2-26 goods or to the disposition of surplus or salvage property, is a
2-27 reference to the Texas Building Commission.
3-1 Sec. 2151.005. TRANSFER OF POWERS AND DUTIES TO TEXAS
3-2 PROCUREMENT COMMISSION. (a) The powers and duties of the General
3-3 Services Commission under Chapter 552 or under Chapters 2155-2158,
3-4 2161, 2171, 2172, 2175, and 2177, or other law relating to the
3-5 purchase of goods or services for the state or to the disposition
3-6 of surplus or salvage property or to other miscellaneous powers and
3-7 duties, other than services relating to the construction, repair,
3-8 acquisition, maintenance, or charge and control of real property,
3-9 are transferred to the Texas Procurement Commission.
3-10 (b) A reference in law to the General Services Commission
3-11 that relates to the powers and duties of the General Services
3-12 Commission under Chapter 552 or under Chapters 2155-2158, 2161,
3-13 2171, 2172, 2175, and 2177, or other law relating to the purchase
3-14 of goods or services for the state or to the disposition of surplus
3-15 or salvage property or to other miscellaneous powers and duties,
3-16 other than services relating to the construction, repair,
3-17 acquisition, maintenance, or charge and control of real property,
3-18 is a reference to the Texas Procurement Commission.
3-19 Sec. 2151.006. TRANSFER OF POWERS AND DUTIES TO DEPARTMENT
3-20 OF INFORMATION RESOURCES. (a) The powers and duties of the General
3-21 Services Commission under Chapter 2170 or other law relating to
3-22 providing telecommunications services for state government are
3-23 transferred to the Department of Information Resources.
3-24 (b) A reference in law to the General Services Commission
3-25 that relates to the powers and duties of the General Services
3-26 Commission under Chapter 2170 or other law relating to providing
3-27 telecommunications services for state government is a reference to
4-1 the Department of Information Resources.
4-2 SECTION 1.06. The heading of Chapter 2152, Government Code,
4-3 is amended to read as follows:
4-4 CHAPTER 2152. TEXAS PROCUREMENT [GENERAL SERVICES] COMMISSION
4-5 SECTION 1.07. Subchapter A, Chapter 2152, Government Code, is
4-6 amended to read as follows:
4-7 SUBCHAPTER A. GENERAL PROVISIONS
4-8 Sec. 2152.001. COMMISSION; DEFINITION. (a) The Texas
4-9 Procurement [General Services] Commission is an agency of the
4-10 state.
4-11 (b) In this chapter, "commission" means the Texas
4-12 Procurement Commission.
4-13 Sec. 2152.002. SUNSET PROVISION. The Texas Procurement
4-14 [General Services] Commission is subject to Chapter 325 (Texas
4-15 Sunset Act). Unless continued in existence as provided by that
4-16 chapter, the commission is abolished and this chapter and Chapters
4-17 2155-2158, 2161, 2171, 2172, 2175, and 2177 expire [subtitle
4-18 expires] September 1, 2013 [2001].
4-19 Sec. 2152.003. AUTHORITY TO ADOPT RULES. The commission may
4-20 adopt rules to efficiently and effectively accomplish its functions
4-21 [administer this subtitle].
4-22 Sec. 2152.004. POWERS AND DUTIES. The commission shall
4-23 perform the powers and duties assigned to the commission under
4-24 Chapters 552, 2155-2158, 2161, 2171, 2172, 2175, 2177, or other
4-25 law.
4-26 SECTION 1.08. Section 2152.051, Government Code, is amended
4-27 to read as follows:
5-1 Sec. 2152.051. COMPOSITION OF COMMISSION. The commission is
5-2 composed of five [six] representatives of the public appointed by
5-3 the governor with the advice and consent of the senate.
5-4 SECTION 1.09. Subsections (b) and (c), Section 2152.054,
5-5 Government Code, are amended to read as follows:
5-6 (b) An officer, employee, or paid consultant of a Texas
5-7 trade association of business entities that contracts with the
5-8 state may not:
5-9 (1) serve as a commission member; or
5-10 (2) be employed as a commission employee in a "bona
5-11 fide executive, administrative, or professional capacity," as that
5-12 phrase is used for purposes of establishing an exemption to the
5-13 overtime provisions of the federal Fair Labor Standards Act of 1938
5-14 (29 U.S.C. Section 201 et seq.) and its subsequent amendments [who
5-15 is exempt from the state's position classification plan or is
5-16 compensated at or above the amount prescribed by the General
5-17 Appropriations Act for step 1, salary group 17, of the position
5-18 classification salary schedule].
5-19 (c) An individual who is the spouse of an officer, manager,
5-20 or paid consultant of a Texas trade association of business
5-21 entities that contracts with the state may not:
5-22 (1) serve as a commission member; or
5-23 (2) be employed as a commission employee in a "bona
5-24 fide executive, administrative, or professional capacity," as that
5-25 phrase is used for purposes of establishing an exemption to the
5-26 overtime provisions of the federal Fair Labor Standards Act of 1938
5-27 (29 U.S.C. Section 201 et seq.) and its subsequent amendments [who
6-1 is exempt from the state's position classification plan or is
6-2 compensated at or above the amount prescribed by the General
6-3 Appropriations Act for step 1, salary group 17, of the position
6-4 classification salary schedule].
6-5 SECTION 1.10. Subsection (c), Section 2152.056, Government
6-6 Code, is amended to read as follows:
6-7 (c) If the executive director has knowledge that a potential
6-8 ground for removal exists, the executive director shall notify the
6-9 presiding officer of the commission of the potential ground. The
6-10 presiding officer shall then notify the governor and the attorney
6-11 general that a potential ground for removal exists. If the
6-12 potential ground for removal involves the presiding officer, the
6-13 executive director shall notify the next highest ranking officer of
6-14 the commission, who shall then notify the governor and the attorney
6-15 general that a potential ground for removal exists.
6-16 SECTION 1.11. Section 2152.057, Government Code, is amended
6-17 to read as follows:
6-18 Sec. 2152.057. TERMS. Commission members serve staggered
6-19 six-year terms with one or two members' terms expiring January 31
6-20 of each odd-numbered year.
6-21 SECTION 1.12. Subsection (c), Section 2152.058, Government
6-22 Code, is amended to read as follows:
6-23 (c) Three [Four] members of the commission constitute a
6-24 quorum.
6-25 SECTION 1.13. Subchapter B, Chapter 2152, Government Code,
6-26 is amended by adding Section 2152.0581 to read as follows:
6-27 Sec. 2152.0581. TRAINING FOR COMMISSION MEMBERS. (a) A
7-1 person who is appointed to and qualifies for office as a member of
7-2 the commission may not vote, deliberate, or be counted as a member
7-3 in attendance at a meeting of the commission until the person
7-4 completes a training program that complies with this section.
7-5 (b) The training program must provide the person with
7-6 information regarding:
7-7 (1) the legislation that created the commission;
7-8 (2) the programs operated by the commission;
7-9 (3) the role and functions of the commission;
7-10 (4) the rules of the commission, with an emphasis on
7-11 the rules that relate to disciplinary and investigatory authority;
7-12 (5) the current budget for the commission;
7-13 (6) the results of the most recent formal audit of the
7-14 commission;
7-15 (7) the requirements of:
7-16 (A) the open meetings law, Chapter 551;
7-17 (B) the public information law, Chapter 552;
7-18 (C) the administrative procedure law, Chapter
7-19 2001; and
7-20 (D) other laws relating to public officials,
7-21 including conflict-of-interest laws; and
7-22 (8) any applicable ethics policies adopted by the
7-23 commission or the Texas Ethics Commission.
7-24 (c) A person appointed to the commission is entitled to
7-25 reimbursement, as provided by the General Appropriations Act, for
7-26 the travel expenses incurred in attending the training program
7-27 regardless of whether the attendance at the program occurs before
8-1 or after the person qualifies for office.
8-2 SECTION 1.14. Section 2152.060, Government Code, is amended
8-3 by amending Subsection (b) and adding Subsection (d) to read as
8-4 follows:
8-5 (b) The commission shall maintain a [keep an information]
8-6 file on [about] each written complaint filed with the commission
8-7 [that the commission has authority to resolve]. The file must
8-8 include:
8-9 (1) the name of the person who filed the complaint;
8-10 (2) the date the complaint is received by the
8-11 commission;
8-12 (3) the subject matter of the complaint;
8-13 (4) the name of each person contacted in relation to
8-14 the complaint;
8-15 (5) a summary of the results of the review or
8-16 investigation of the complaint; and
8-17 (6) an explanation of the reason the file was closed,
8-18 if the commission closed the file without taking action other than
8-19 to investigate the complaint.
8-20 (d) The commission shall provide to the person filing the
8-21 complaint and to each person who is a subject of the complaint a
8-22 copy of the commission's policies and procedures relating to
8-23 complaint investigation and resolution.
8-24 SECTION 1.15. Subchapter C, Chapter 2152, Government Code,
8-25 is amended by adding Section 2152.110 to read as follows:
8-26 Sec. 2152.110. STATE EMPLOYEE INCENTIVE PROGRAM. The
8-27 executive director or the executive director's designee shall
9-1 provide to commission employees information and training on the
9-2 benefits and methods of participation in the state employee
9-3 incentive program under Subchapter B, Chapter 2108.
9-4 SECTION 1.16. Subtitle D, Title 10, Government Code, is
9-5 amended by adding Chapter 2153 to read as follows:
9-6 CHAPTER 2153. TEXAS BUILDING COMMISSION
9-7 Sec. 2153.001. DEFINITIONS. In this chapter:
9-8 (1) "Commission" means the Texas Building Commission.
9-9 (2) "Division" means the Texas building division of
9-10 the State Preservation Board.
9-11 Sec. 2153.002. TEXAS BUILDING DIVISION; ADMINISTRATION. (a)
9-12 A Texas building division is established within the State
9-13 Preservation Board to administer the duties of the Texas Building
9-14 Commission under Chapters 2165-2167, Chapter 2176, or other law
9-15 relating to state buildings, grounds, or property or related
9-16 services.
9-17 (b) The division is administratively attached to the State
9-18 Preservation Board and the State Preservation Board shall provide
9-19 the facilities for the division, but the division shall be
9-20 independent of the State Preservation Board's direction.
9-21 (c) The commission is the governing body of the division.
9-22 (d) The commission shall develop policies and procedures to
9-23 accomplish the division's functions.
9-24 Sec. 2153.003. SUNSET PROVISION. The Texas Building
9-25 Commission and the Texas building division of the State
9-26 Preservation Board are subject to Chapter 325 (Texas Sunset Act).
9-27 Unless continued in existence as provided by that chapter, the
10-1 commission is abolished and Chapters 2165-2167 and Chapter 2176
10-2 expire September 1, 2007.
10-3 Sec. 2153.004. AUTHORITY TO ADOPT RULES. The commission may
10-4 adopt rules to efficiently and effectively accomplish its
10-5 functions.
10-6 Sec. 2153.005. EXECUTIVE DIRECTOR. (a) The executive
10-7 director of the State Preservation Board is the executive director
10-8 of the division.
10-9 (b) The executive director of the division performs the
10-10 administrative functions of the commission under the commission's
10-11 supervision and shall report periodically to the commission on
10-12 those functions.
10-13 (c) The executive director shall provide staff to the
10-14 division and assign duties to the staff to accomplish the
10-15 commission's functions.
10-16 Sec. 2153.006. COMPOSITION OF COMMISSION. (a) The
10-17 commission is composed of the governor, the lieutenant governor,
10-18 and one member appointed by the governor from a list of nominees
10-19 submitted by the speaker of the house of representatives.
10-20 (b) The governor may reject one or more of the nominees on a
10-21 list submitted by the speaker of the house of representatives and
10-22 request a new list of different nominees.
10-23 Sec. 2153.007. TERMS. The appointed member of the commission
10-24 serves a two-year term expiring February 1 of each odd-numbered
10-25 year.
10-26 Sec. 2153.008. PRESIDING OFFICER; MEETINGS. (a) The
10-27 governor is the presiding officer of the commission.
11-1 (b) The commission shall meet at the call of the governor.
11-2 Sec. 2153.009. CONFLICTS OF INTEREST. (a) In this section,
11-3 "Texas trade association" means a cooperative and voluntarily
11-4 joined association of business or professional competitors in this
11-5 state designed to assist its members and its industry or profession
11-6 in dealing with mutual business or professional problems and in
11-7 promoting their common interest.
11-8 (b) A person may not be the appointed member of the
11-9 commission if:
11-10 (1) the person is an officer, employee, or paid
11-11 consultant of a Texas trade association in a field related to the
11-12 operation of the commission; or
11-13 (2) the person's spouse is an officer, manager, or
11-14 paid consultant of a Texas trade association in a field related to
11-15 the operation of the commission.
11-16 (c) A person may not be the appointed member of the
11-17 commission or act as the general counsel to the commission if the
11-18 person is required to register as a lobbyist under Chapter 305
11-19 because of the person's activities for compensation on behalf of a
11-20 profession related to the operation of the commission.
11-21 Sec. 2153.010. APPOINTMENTS. Appointments to the commission
11-22 shall be made without regard to the race, color, disability, sex,
11-23 religion, age, or national origin of the appointees.
11-24 Sec. 2153.011. REMOVAL OF APPOINTED MEMBER. (a) It is a
11-25 ground for removal from the commission that the appointed member:
11-26 (1) is ineligible for membership under Section
11-27 2153.009;
12-1 (2) cannot, because of illness or disability,
12-2 discharge the member's duties for a substantial part of the
12-3 member's term; or
12-4 (3) is absent from more than half of the commission's
12-5 meetings that the member is eligible to attend during a calendar
12-6 year without an excuse approved by a majority vote of the
12-7 commission.
12-8 (b) The validity of an action of the commission is not
12-9 affected by the fact that it is taken when a ground for removal of
12-10 the appointed commission member exists.
12-11 (c) If the executive director has knowledge that a potential
12-12 ground for removal exists, the executive director shall notify the
12-13 presiding officer of the commission of the potential ground. The
12-14 presiding officer shall then notify the attorney general that a
12-15 potential ground for removal exists.
12-16 Sec. 2153.012. INFORMATION ABOUT QUALIFICATIONS AND
12-17 STANDARDS OF CONDUCT. The executive director or the executive
12-18 director's designee shall provide to the appointed member of the
12-19 commission and to agency employees, as often as necessary,
12-20 information regarding the requirements for office or employment
12-21 under this subtitle, including information regarding a person's
12-22 responsibilities under applicable laws relating to standards of
12-23 conduct for state officers or employees.
12-24 Sec. 2153.013. COMPENSATION AND EXPENSES OF COMMISSION
12-25 MEMBERS. (a) The appointed member of the commission may not
12-26 receive compensation or a benefit because of the member's service
12-27 on the commission except as provided by Subsection (b).
13-1 (b) For each day that the appointed commission member
13-2 engages in the business of the commission, the member is entitled
13-3 to:
13-4 (1) actual expenses for meals and lodging; and
13-5 (2) transportation expenses.
13-6 (c) Compensation and expenses under Subsection (b) shall be
13-7 in the amount set by legislative appropriation.
13-8 SECTION 1.17. Section 2155.001, Government Code, is amended
13-9 to read as follows:
13-10 Sec. 2155.001. DEFINITIONS. In [Except as otherwise provided
13-11 by] this chapter and Chapters 2156, 2157, and 2158, except as
13-12 otherwise provided:
13-13 (1) "Commission" means the Texas Procurement
13-14 Commission.
13-15 (2) "Goods" means supplies, materials, or equipment.
13-16 (3) [(2)] "Service" means the furnishing of skilled or
13-17 unskilled labor or professional work, but does not include a:
13-18 (A) professional service subject to Subchapter
13-19 A, Chapter 2254;
13-20 (B) service of a state agency employee;
13-21 (C) consulting service or service of a
13-22 consultant as defined by Subchapter B, Chapter 2254; or
13-23 (D) service of a public utility.
13-24 SECTION 1.18. Section 2161.001, Government Code, is amended
13-25 to read as follows:
13-26 Sec. 2161.001. DEFINITIONS. In this chapter:
13-27 (1) "Commission" means the Texas Procurement
14-1 Commission.
14-2 (2) "Goods" means supplies, materials, or equipment.
14-3 (3) [(2)] "Historically underutilized business" means
14-4 an entity with its principal place of business in this state that
14-5 is:
14-6 (A) a corporation formed for the purpose of
14-7 making a profit in which 51 percent or more of all classes of the
14-8 shares of stock or other equitable securities are owned by one or
14-9 more economically disadvantaged persons who have a proportionate
14-10 interest and actively participate in the corporation's control,
14-11 operation, and management;
14-12 (B) a sole proprietorship created for the
14-13 purpose of making a profit that is completely owned, operated, and
14-14 controlled by an economically disadvantaged person;
14-15 (C) a partnership formed for the purpose of
14-16 making a profit in which 51 percent or more of the assets and
14-17 interest in the partnership are owned by one or more economically
14-18 disadvantaged persons who have a proportionate interest and
14-19 actively participate in the partnership's control, operation, and
14-20 management;
14-21 (D) a joint venture in which each entity in the
14-22 venture is a historically underutilized business, as determined
14-23 under another paragraph of this subdivision; or
14-24 (E) a supplier contract between a historically
14-25 underutilized business as determined under another paragraph of
14-26 this subdivision and a prime contractor under which the
14-27 historically underutilized business is directly involved in the
15-1 manufacture or distribution of the goods or otherwise warehouses
15-2 and ships the goods.
15-3 (4) [(3)] "Economically disadvantaged person" means a
15-4 person who is economically disadvantaged because of the person's
15-5 identification as a member of a certain group, including Black
15-6 Americans, Hispanic Americans, women, Asian Pacific Americans, and
15-7 Native Americans, and who has suffered the effects of
15-8 discriminatory practices or other similar insidious circumstances
15-9 over which the person has no control.
15-10 SECTION 1.19. Section 2162.001, Government Code, is amended
15-11 to read as follows:
15-12 Sec. 2162.001. DEFINITIONS [DEFINITION]. In this chapter:
15-13 (1) "Commission" means the Texas Procurement
15-14 Commission.
15-15 (2) "Council"[, "council"] means the State Council on
15-16 Competitive Government.
15-17 SECTION 1.20. Subchapter A, Chapter 2165, Government Code, is
15-18 amended by adding Section 2165.0001 to read as follows:
15-19 Sec. 2165.0001. DEFINITION. In this chapter, "commission"
15-20 means the Texas Building Commission.
15-21 SECTION 1.21. Section 2166.001, Government Code, is amended
15-22 to read as follows:
15-23 Sec. 2166.001. DEFINITIONS. In this chapter:
15-24 (1) "Commission" means the Texas Building Commission.
15-25 (2) "Construction" includes acquisition and
15-26 reconstruction.
15-27 (3) [(2)] "Cost of a project" includes the cost of:
16-1 (A) real estate;
16-2 (B) other property;
16-3 (C) rights and easements;
16-4 (D) utility services;
16-5 (E) site development;
16-6 (F) construction and initial furnishing and
16-7 equipment;
16-8 (G) architectural, engineering, and legal
16-9 services;
16-10 (H) surveys, plans, and specifications; and
16-11 (I) other costs, including those incurred by the
16-12 commission, that are necessary or incidental to determining the
16-13 feasibility or practicability of a project.
16-14 (4) [(3)] "Private design professional" means a design
16-15 professional as described by Subdivisions (7)(A) [(6)(A)] and
16-16 (B)(ii).
16-17 (5) [(4)] "Project" means a building construction
16-18 project that is financed wholly or partly by a specific
16-19 appropriation, a bond issue, or federal money. The term includes
16-20 the construction of:
16-21 (A) a building, structure, or appurtenant
16-22 facility or utility, including the acquisition and installation of
16-23 original equipment and original furnishings; and
16-24 (B) an addition to, or alteration,
16-25 rehabilitation, or repair of, an existing building, structure, or
16-26 appurtenant facility or utility.
16-27 (6) [(5)] "Project analysis" means work done before
17-1 the legislative appropriation for a project to develop a reliable
17-2 estimate of the cost of the project to be used in the
17-3 appropriations request.
17-4 (7) [(6)] "Design professional" means an individual
17-5 registered as an architect under Chapter 478, Acts of the 45th
17-6 Legislature, Regular Session, 1937 (Article 249a, Vernon's Texas
17-7 Civil Statutes), or a person registered as a professional engineer
17-8 under The Texas Engineering Practice Act (Article 3271a, Vernon's
17-9 Texas Civil Statutes):
17-10 (A) who provides professional architectural or
17-11 engineering services and has overall responsibility for the design
17-12 of a building construction undertaking; and
17-13 (B) who:
17-14 (i) is employed on a salary basis; or
17-15 (ii) is in private practice and is
17-16 retained for a specific project under a contract with the
17-17 commission.
17-18 (8) [(7)] "Rehabilitation" includes renewal,
17-19 restoration, extension, enlargement, and improvement.
17-20 (9) [(8)] "Small construction project" means a project
17-21 that:
17-22 (A) has an estimated value of less than $25,000;
17-23 and
17-24 (B) requires advance preparation of working
17-25 plans or drawings.
17-26 (10) [(9)] "Staged construction" means the
17-27 construction of a project in phases, with each phase resulting in
18-1 one or more trade packages, features, buildings, or structures that
18-2 individually or together may be built, regardless of whether later
18-3 phases of the project are authorized.
18-4 (11) [(10)] "Using agency" means:
18-5 (A) an instrumentality of the state that
18-6 occupies and uses a state-owned or state-leased building; or
18-7 (B) the commission, with respect to a
18-8 state-owned building maintained by the commission.
18-9 SECTION 1.22. Subchapter A, Chapter 2167, Government Code, is
18-10 amended by adding Section 2167.0011 to read as follows:
18-11 Sec. 2167.0011. DEFINITION. In this chapter, "commission"
18-12 means the Texas Building Commission.
18-13 SECTION 1.23. Subchapter A, Chapter 2171, Government Code, is
18-14 amended by adding Section 2171.0001 to read as follows:
18-15 Sec. 2171.0001. DEFINITION. In this chapter, "commission"
18-16 means the Texas Procurement Commission.
18-17 SECTION 1.24. Chapter 2172, Government Code, is amended by
18-18 adding Section 2172.0001 to read as follows:
18-19 Sec. 2172.0001. DEFINITION. In this chapter, "commission"
18-20 means the Texas Procurement Commission.
18-21 SECTION 1.25. Section 2175.001, Government Code, is amended
18-22 to read as follows:
18-23 Sec. 2175.001. DEFINITIONS. In this chapter:
18-24 (1) "Assistance organization" means:
18-25 (A) a nonprofit organization that provides
18-26 educational, health, or human services or assistance to homeless
18-27 individuals;
19-1 (B) a nonprofit food bank that solicits,
19-2 warehouses, and redistributes edible but unmarketable food to an
19-3 agency that feeds needy families and individuals;
19-4 (C) Texas Partners of the Americas, a registered
19-5 agency with the Advisory Committee on Voluntary Foreign Aid, with
19-6 the approval of the Partners of the Alliance office of the Agency
19-7 for International Development; [and]
19-8 (D) a group, including a faith-based group, that
19-9 enters into a financial or nonfinancial agreement with a health or
19-10 human services agency to provide services to that agency's clients;
19-11 (E) a nonprofit organization approved by the
19-12 Supreme Court of Texas that provides free legal services for
19-13 low-income households in civil matters; and
19-14 (F) the Texas Boll Weevil Eradication
19-15 Foundation, Inc., or an entity designated by the commissioner of
19-16 agriculture as the foundation's successor entity under Section
19-17 74.1011, Agriculture Code.
19-18 (2) "Commission" means the Texas Procurement
19-19 Commission.
19-20 (3) "Personal property" includes:
19-21 (A) personal property lawfully confiscated and
19-22 subject to disposal by a state agency; and
19-23 (B) personal property affixed to real property,
19-24 if its removal and disposition is for a lawful purpose under this
19-25 or another law.
19-26 (4) [(3)] "Salvage property" means personal property
19-27 that through use, time, or accident is so damaged, used, or
20-1 consumed that it has no value for the purpose for which it was
20-2 originally intended.
20-3 (5) [(4)] "Surplus property" means personal property
20-4 that exceeds a state agency's needs and is not required for the
20-5 agency's foreseeable needs. The term includes used or new property
20-6 that retains some usefulness for the purpose for which it was
20-7 intended or for another purpose.
20-8 (6) [(5)] "Data processing equipment" means equipment
20-9 described by Section 2054.003(3)(A).
20-10 SECTION 1.26. On October 1, 2001, the General Services
20-11 Commission is abolished.
20-12 SECTION 1.27. On October 1, 2001:
20-13 (1) the Department of Information Resources replaces
20-14 the General Services Commission as the telecommunications services
20-15 provider for state government;
20-16 (2) all functions and activities performed by the
20-17 General Services Commission that relate to providing
20-18 telecommunications services for state government or to the
20-19 establishment of the electronic procurement marketplace or the
20-20 electronic commerce network under Chapters 2170 and 2177,
20-21 Government Code, or other law immediately before that date are
20-22 transferred to the Department of Information Resources;
20-23 (3) all employees of the General Services Commission
20-24 who primarily perform duties related to providing
20-25 telecommunications services for state government or to the
20-26 establishment of the electronic procurement marketplace or the
20-27 electronic commerce network, including employees who provide
21-1 administrative support for those services, under Chapters 2170 and
21-2 2177, Government Code, or other law become employees of the
21-3 Department of Information Resources, but continue to work in the
21-4 same physical location unless moved in accordance with the plan
21-5 created under Section 1.30 of this Act;
21-6 (4) a rule or form adopted by the General Services
21-7 Commission that relates to providing telecommunications services
21-8 for state government or to the establishment of the electronic
21-9 procurement marketplace or the electronic commerce network under
21-10 Chapters 2170 and 2177, Government Code, or other law is a rule or
21-11 form of the Department of Information Resources and remains in
21-12 effect until changed by the department;
21-13 (5) a reference in law to the General Services
21-14 Commission that relates to providing telecommunications services
21-15 for state government or to the establishment of the electronic
21-16 procurement marketplace or the electronic commerce network under
21-17 Chapters 2170 and 2177, Government Code, or other law means the
21-18 Department of Information Resources;
21-19 (6) a waiver in effect that was issued by the General
21-20 Services Commission relating to telecommunications under Chapter
21-21 2170, Government Code, or other law is continued in effect as a
21-22 waiver of the Department of Information Resources;
21-23 (7) a rate case, contract negotiation, or other
21-24 proceeding involving the General Services Commission that is
21-25 related to providing telecommunications services for state
21-26 government or to the establishment of the electronic procurement
21-27 marketplace or the electronic commerce network under Chapters 2170
22-1 and 2177, Government Code, or other law is transferred without
22-2 change in status to the Department of Information Resources, and
22-3 the Department of Information Resources assumes, without a change
22-4 in status, the position of the General Services Commission in a
22-5 negotiation or proceeding relating to telecommunications, the
22-6 marketplace, or the network to which the General Services
22-7 Commission is a party;
22-8 (8) all money, contracts, leases, rights, and
22-9 obligations of the General Services Commission related to providing
22-10 telecommunications services for state government or to the
22-11 establishment of the electronic procurement marketplace or the
22-12 electronic commerce network under Chapters 2170 and 2177,
22-13 Government Code, or other law are transferred to the Department of
22-14 Information Resources;
22-15 (9) all property, including records, in the custody of
22-16 the General Services Commission related to providing
22-17 telecommunications services for state government or to the
22-18 establishment of the electronic procurement marketplace or the
22-19 electronic commerce network under Chapters 2170 and 2177,
22-20 Government Code, or other law becomes the property of the
22-21 Department of Information Resources, but stays in the same physical
22-22 location unless moved in accordance with the plan created under
22-23 Section 1.30 of this Act; and
22-24 (10) all funds appropriated by the legislature to the
22-25 General Services Commission for purposes related to providing
22-26 telecommunications services for state government or to the
22-27 establishment of the electronic procurement marketplace or the
23-1 electronic commerce network, including funds for providing
23-2 administrative support for those services such as funds to pay the
23-3 salary and benefits of employees who provide the administrative
23-4 support, under Chapters 2170 and 2177, Government Code, or other
23-5 law are transferred to the Department of Information Resources.
23-6 SECTION 1.28. On October 1, 2001:
23-7 (1) the Texas Building Commission replaces the General
23-8 Services Commission as the governmental entity generally
23-9 responsible for state buildings, grounds, and property, other than
23-10 matters related to the purchase of goods or to the disposition of
23-11 surplus or salvage property, and as the governmental entity
23-12 generally responsible for building construction and acquisition for
23-13 state government;
23-14 (2) all functions and activities performed by the
23-15 General Services Commission that relate to state buildings,
23-16 grounds, and property, other than matters related to the purchase
23-17 of goods or to the disposition of surplus or salvage property, or
23-18 that relate to building construction and acquisition for state
23-19 government under Chapters 2165-2167 and 2176, Government Code, or
23-20 other law are transferred to the Texas Building Commission;
23-21 (3) all employees of the General Services Commission
23-22 who primarily perform duties related to state buildings, grounds,
23-23 and property, other than matters related to the purchase of goods
23-24 or to the disposition of surplus or salvage property, or who
23-25 primarily perform duties related to building construction and
23-26 acquisition for state government, including employees who provide
23-27 administrative support for those activities, under Chapters
24-1 2165-2167 and 2176, Government Code, or other law become employees
24-2 of the State Preservation Board to be used to administer the
24-3 functions of the Texas Building Commission, but continue to work in
24-4 the same physical location unless moved in accordance with the plan
24-5 created under Section 1.30 of this Act;
24-6 (4) a rule, form, plan, report, or procedure adopted
24-7 by the General Services Commission that relates to state buildings,
24-8 grounds, and property, other than matters related to the purchase
24-9 of goods or to the disposition of surplus or salvage property, or
24-10 that relates to building construction and acquisition for state
24-11 government under Chapters 2165-2167 and 2176, Government Code, or
24-12 other law is a rule, form, plan, report, or procedure of the Texas
24-13 Building Commission and remains in effect until changed by the
24-14 Texas Building Commission;
24-15 (5) a reference in law to the General Services
24-16 Commission that relates to state buildings, grounds, and property,
24-17 other than matters related to the purchase of goods or to the
24-18 disposition of surplus or salvage property, or that relates to
24-19 building construction and acquisition for state government under
24-20 Chapters 2165-2167 and 2176, Government Code, or other law means
24-21 the Texas Building Commission;
24-22 (6) an easement, franchise, contract, license, or
24-23 right-of-way that was granted or awarded by or to the General
24-24 Services Commission relating to state buildings, grounds, and
24-25 property, other than matters related to the purchase of goods or to
24-26 the disposition of surplus or salvage property, or relating to
24-27 building construction and acquisition for state government under
25-1 Chapters 2165-2167 and 2176, Government Code, or other law is
25-2 continued in effect as an easement, franchise, contract, license,
25-3 or right-of-way granted or awarded by or to the Texas Building
25-4 Commission;
25-5 (7) a contract negotiation or other proceeding
25-6 involving the General Services Commission that is related to state
25-7 buildings, grounds, and property, other than matters related to the
25-8 purchase of goods or to the disposition of surplus or salvage
25-9 property, or that is related to building construction and
25-10 acquisition for state government under Chapters 2165-2167 and 2176,
25-11 Government Code, or other law is transferred without change in
25-12 status to the Texas Building Commission, and the Texas Building
25-13 Commission assumes, without a change in status, the position of the
25-14 General Services Commission in a negotiation or proceeding relating
25-15 to state buildings, grounds, and property, other than matters
25-16 related to the purchase of goods or to the disposition of surplus
25-17 or salvage property, or relating to building construction and
25-18 acquisition, to which the General Services Commission is a party;
25-19 (8) all money, contracts, leases, rights, and
25-20 obligations of the General Services Commission related to state
25-21 buildings, grounds, and property, other than matters related to the
25-22 purchase of goods or to the disposition of surplus or salvage
25-23 property, or related to building construction and acquisition for
25-24 state government under Chapters 2165-2167 and 2176, Government
25-25 Code, or other law are transferred to the Texas Building
25-26 Commission;
25-27 (9) all property, including records, in the custody of
26-1 the General Services Commission related to state buildings,
26-2 grounds, and property, other than matters related to the purchase
26-3 of goods or to the disposition of surplus or salvage property, or
26-4 related to building construction and acquisition for state
26-5 government under Chapters 2165-2167 and 2176, Government Code, or
26-6 other law becomes property of the State Preservation Board to be
26-7 used to administer the functions of the Texas Building Commission,
26-8 but stays in the same physical location unless moved in accordance
26-9 with the plan created under Section 1.30 of this Act; and
26-10 (10) all funds appropriated by the legislature to the
26-11 General Services Commission for purposes related to state
26-12 buildings, grounds, and property, other than matters related to the
26-13 purchase of goods or to the disposition of surplus or salvage
26-14 property, or related to building construction and acquisition for
26-15 state government, including funds for providing administrative
26-16 support for those activities such as funds to pay the salary and
26-17 benefits of employees who provide the administrative support, under
26-18 Chapters 2165-2167 and 2176, Government Code, or other law are
26-19 transferred to the State Preservation Board to be used to
26-20 administer the functions of the Texas Building Commission.
26-21 SECTION 1.29. (a) On October 1, 2001:
26-22 (1) the Texas Procurement Commission replaces the
26-23 General Services Commission as the governmental entity responsible
26-24 for the purchase of goods or services for the state, other than
26-25 services relating to the construction, repair, acquisition,
26-26 maintenance, or charge and control of real property, for the
26-27 disposition of surplus or salvage property, and for other
27-1 miscellaneous powers and duties;
27-2 (2) all functions and activities performed by the
27-3 General Services Commission that relate to the purchase of goods or
27-4 services for the state, other than services relating to the
27-5 construction, repair, acquisition, maintenance, or charge and
27-6 control of real property, to the disposition of surplus or salvage
27-7 property, or to other miscellaneous powers and duties under
27-8 Chapters 552, 2155-2158, 2161, 2171, 2172, 2175, and 2177,
27-9 Government Code, or other law are transferred to the Texas
27-10 Procurement Commission;
27-11 (3) all employees of the General Services Commission
27-12 who primarily perform duties related to the purchase of goods or
27-13 services for the state, other than services relating to the
27-14 construction, repair, acquisition, maintenance, or charge and
27-15 control of real property, to the disposition of surplus or salvage
27-16 property, or to other miscellaneous powers and duties under
27-17 Chapters 552, 2155-2158, 2161, 2171, 2172, 2175, and 2177,
27-18 Government Code, or other law become employees of the Texas
27-19 Procurement Commission, but continue to work in the same physical
27-20 location unless moved in accordance with the plan created under
27-21 Section 1.30 of this Act;
27-22 (4) a rule, form, plan, specification, standard,
27-23 report, or procedure adopted by the General Services Commission
27-24 that relates to the purchase of goods or services for the state,
27-25 other than services relating to the construction, repair,
27-26 acquisition, maintenance, or charge and control of real property,
27-27 to the disposition of surplus or salvage property, or to other
28-1 miscellaneous powers and duties under Chapters 552, 2155-2158,
28-2 2161, 2171, 2172, 2175, and 2177, Government Code, or other law is
28-3 a rule, form, plan, specification, standard, report, or procedure
28-4 of the Texas Procurement Commission and remains in effect until
28-5 changed by the commission;
28-6 (5) a reference in law to the General Services
28-7 Commission that relates to the purchase of goods or services for
28-8 the state, other than services relating to the construction,
28-9 repair, acquisition, maintenance, or charge and control of real
28-10 property, to the disposition of surplus or salvage property, or to
28-11 other miscellaneous powers and duties under Chapters 552,
28-12 2155-2158, 2161, 2171, 2172, 2175, and 2177, Government Code, or
28-13 other law means the Texas Procurement Commission;
28-14 (6) a waiver, license, or contract award that was
28-15 granted by the General Services Commission relating to the purchase
28-16 of goods or services for the state, other than services relating to
28-17 the construction, repair, acquisition, maintenance, or charge and
28-18 control of real property, to the disposition of surplus or salvage
28-19 property, or to other miscellaneous powers and duties under
28-20 Chapters 552, 2155-2158, 2161, 2171, 2172, 2175, and 2177,
28-21 Government Code, or other law is continued in effect as a waiver,
28-22 license, or contract award granted by the Texas Procurement
28-23 Commission;
28-24 (7) a contract negotiation or other proceeding
28-25 involving the General Services Commission that is related to the
28-26 purchase of goods or services for the state, other than services
28-27 relating to the construction, repair, acquisition, maintenance, or
29-1 charge and control of real property, to the disposition of surplus
29-2 or salvage property, or to other miscellaneous powers and duties
29-3 under Chapters 552, 2155-2158, 2161, 2171, 2172, 2175, and 2177,
29-4 Government Code, or other law is transferred without change in
29-5 status to the Texas Procurement Commission, and the commission
29-6 assumes, without a change in status, the position of the General
29-7 Services Commission in a negotiation or proceeding relating to the
29-8 purchase of goods or services for the state, other than services
29-9 relating to the construction, repair, acquisition, maintenance, or
29-10 charge and control of real property, to the disposition of surplus
29-11 or salvage property, or to other miscellaneous powers and duties to
29-12 which the General Services Commission is a party;
29-13 (8) all money, contracts, leases, rights, and
29-14 obligations of the General Services Commission related to the
29-15 purchase of goods or services for the state, other than services
29-16 relating to the construction, repair, acquisition, maintenance, or
29-17 charge and control of real property, to the disposition of surplus
29-18 or salvage property, or to other miscellaneous powers and duties
29-19 under Chapters 552, 2155-2158, 2161, 2171, 2172, 2175, and 2177,
29-20 Government Code, or other law are transferred to the Texas
29-21 Procurement Commission;
29-22 (9) all property, including records, in the custody of
29-23 the General Services Commission related to the purchase of goods or
29-24 services for the state, other than services relating to the
29-25 construction, repair, acquisition, maintenance, or charge and
29-26 control of real property, to the disposition of surplus or salvage
29-27 property, or to other miscellaneous powers and duties under
30-1 Chapters 552, 2155-2158, 2161, 2171, 2172, 2175, and 2177,
30-2 Government Code, or other law becomes property of the Texas
30-3 Procurement Commission, but stays in the same physical location
30-4 unless moved in accordance with the plan created under Section 1.30
30-5 of this Act; and
30-6 (10) all funds appropriated by the legislature to the
30-7 General Services Commission for purposes related to the purchase of
30-8 goods or services for the state, other than services relating to
30-9 the construction, repair, acquisition, maintenance, or charge and
30-10 control of real property, to the disposition of surplus or salvage
30-11 property, or to other miscellaneous powers and duties under
30-12 Chapters 552, 2155-2158, 2161, 2171, 2172, 2175, and 2177,
30-13 Government Code, or other law are transferred to the Texas
30-14 Procurement Commission.
30-15 (b) The Texas Procurement Commission shall also perform the
30-16 functions assigned to the General Services Commission under Chapter
30-17 428, Acts of the 73rd Legislature, Regular Session, 1993.
30-18 SECTION 1.30. The General Services Commission, the Texas
30-19 Procurement Commission, the Texas Building Commission, and the
30-20 Department of Information Resources shall establish a transition
30-21 plan for the transfer described in Sections 1.27, 1.28, and 1.29 of
30-22 this Act. The plan must include:
30-23 (1) a timetable for any necessary or advisable
30-24 movement of the physical location of employees and property;
30-25 (2) an inventory of all equipment and other property
30-26 required to be transferred;
30-27 (3) a determination of any continued support and
31-1 cooperation the commission must provide the other agencies before
31-2 the commission is abolished to ensure an efficient continuation of
31-3 service and of planning for future needs; and
31-4 (4) provisions for the immediate access of the
31-5 Department of Information Resources to facilities that house
31-6 telecommunications equipment and any related facilities.
31-7 SECTION 1.31. (a) Before December 31, 2001, the Texas
31-8 Procurement Commission, the Texas Building Commission, and the
31-9 Department of Information Resources shall adopt by rule a
31-10 memorandum of understanding under which the agencies clarify, to
31-11 the extent necessary, the transfer of powers and duties under this
31-12 Act. The memorandum of understanding shall be sent to the
31-13 governor, the lieutenant governor, and the speaker of the house of
31-14 representatives.
31-15 (b) If the Texas Procurement Commission, the Texas Building
31-16 Commission, and the Department of Information Resources do not
31-17 agree regarding to which entity a power or duty has been
31-18 transferred by this Act, the governor shall determine whether the
31-19 power or duty is transferred to the Texas Procurement Commission,
31-20 the Texas Building Commission, or the Department of Information
31-21 Resources.
31-22 SECTION 1.32. (a) The governor shall make appointments to
31-23 the Texas Procurement Commission in accordance with Section
31-24 2152.051, Government Code, as amended by this Act, as soon as
31-25 possible after September 1, 2001, so that the procurement
31-26 commission may begin performing its duties on the abolition of the
31-27 General Services Commission on October 1, 2001.
32-1 (b) The Texas Procurement Commission shall hold its first
32-2 meeting as soon as possible on or after October 1, 2001. The
32-3 governor may designate a person to perform the necessary duties
32-4 involved in posting notice and making other preparations for the
32-5 meeting.
32-6 (c) In making appointments under this section the governor
32-7 shall appoint:
32-8 (1) one member for a term expiring January 31, 2003;
32-9 (2) two members for terms expiring January 31, 2005;
32-10 and
32-11 (3) two members for terms expiring January 31, 2007.
32-12 (d) Section 2152.0581, Government Code, as added by this
32-13 Act, does not apply to the members of the Texas Procurement
32-14 Commission until June 1, 2002.
32-15 SECTION 1.33. The governor shall make the appointment to the
32-16 Texas Building Commission in accordance with Section 2153.006,
32-17 Government Code, as added by this Act, as soon as possible after
32-18 September 1, 2001. The term of the initial appointee expires
32-19 February 1, 2003.
32-20 ARTICLE 2. MULTIPLE AWARD CONTRACTS FOR STATE AND LOCAL
32-21 GOVERNMENT PURCHASES
32-22 SECTION 2.01. Chapter 2155, Government Code, is amended by
32-23 adding Subchapter I to read as follows:
32-24 SUBCHAPTER I. MULTIPLE AWARD CONTRACT SCHEDULE
32-25 Sec. 2155.501. DEFINITIONS. In this subchapter:
32-26 (1) "Department" means the Department of Information
32-27 Resources.
33-1 (2) "Local government" has the meaning assigned by
33-2 Section 271.101, Local Government Code.
33-3 (3) "Multiple award contract" means an award of a
33-4 contract for an indefinite amount of one or more similar goods or
33-5 services from a vendor.
33-6 (4) "Schedule" means a list of multiple award
33-7 contracts from which agencies may purchase goods and services.
33-8 Sec. 2155.502. DEVELOPMENT OF MULTIPLE AWARD CONTRACT
33-9 SCHEDULE. (a) The commission shall develop a schedule of multiple
33-10 award contracts that have been previously awarded using a
33-11 competitive process by:
33-12 (1) the federal government, including the federal
33-13 General Services Administration; or
33-14 (2) any other governmental entity in any state.
33-15 (b) In developing the schedule under Subsection (a), the
33-16 commission shall modify any contractual terms, with the agreement
33-17 of the parties to the contract, as necessary to comply with any
33-18 federal or state requirements, including rules adopted under this
33-19 subchapter.
33-20 (c) The commission may not list a multiple award contract on
33-21 a schedule developed under this section if the goods or services
33-22 provided by that contract are available from only one vendor.
33-23 Sec. 2155.503. RULES. (a) The commission and the
33-24 department shall adopt rules to implement this subchapter. The
33-25 rules must:
33-26 (1) establish standard terms for contracts listed on a
33-27 schedule; and
34-1 (2) maintain consistency with existing purchasing
34-2 standards.
34-3 (b) The commission and the department shall consult with the
34-4 attorney general and the comptroller in developing rules under this
34-5 section.
34-6 Sec. 2155.504. USE OF SCHEDULE BY GOVERNMENTAL ENTITIES.
34-7 (a) A state agency or local government may purchase goods or
34-8 services directly from a vendor under a contract listed on a
34-9 schedule developed under this subchapter. A purchase authorized by
34-10 this section satisfies any requirement of state law relating to
34-11 competitive bids or proposals and satisfies any applicable
34-12 requirements of Chapter 2157.
34-13 (b) The price listed for a good or service under a multiple
34-14 award contract is a maximum price. An agency or local government
34-15 may negotiate a lower price for goods or services under a contract
34-16 listed on a schedule developed under this subchapter.
34-17 Sec. 2155.505. HISTORICALLY UNDERUTILIZED AND SMALL
34-18 BUSINESSES. (a) In this section:
34-19 (1) "Historically underutilized business" has the
34-20 meaning assigned by Section 2161.001.
34-21 (2) "Small business" means a small business concern as
34-22 defined by regulations of the United States Small Business
34-23 Administration in 13 C.F.R. Section 121.201.
34-24 (b) The commission shall strongly encourage each vendor with
34-25 a contract listed on a schedule developed under this subchapter and
34-26 who is not a historically underutilized business or small business
34-27 to use historically underutilized or small businesses to sell or
35-1 provide a service under the contract. If a vendor does not make a
35-2 good faith effort to use historically underutilized and small
35-3 businesses under the contract, the commission may exclude the
35-4 vendor from being listed on a schedule developed under this
35-5 subchapter.
35-6 (c) A historically underutilized business or small business
35-7 may sell or provide a service under another vendor's contract
35-8 listed on a schedule developed under this subchapter if:
35-9 (1) the contract is on a schedule developed under
35-10 Section 2155.502;
35-11 (2) the vendor for the contract authorizes in writing
35-12 the historically underutilized business or small business to sell
35-13 or provide a service under that contract; and
35-14 (3) the historically underutilized business or small
35-15 business provides that written authorization to the commission.
35-16 Sec. 2155.506. REPORTING REQUIREMENTS. (a) A vendor listed
35-17 on a contract for a schedule developed under this subchapter shall
35-18 report its sales to the commission in the manner prescribed by the
35-19 commission.
35-20 (b) The commission shall compile the information reported
35-21 under Subsection (a) and include the information in its report
35-22 under Section 2101.011.
35-23 Sec. 2155.507. EXEMPTION FROM CATALOGUE PURCHASE METHOD FOR
35-24 INFORMATION SYSTEM VENDORS. Section 2157.062 does not apply to a
35-25 vendor who applies to be listed on a schedule developed under this
35-26 subchapter.
35-27 Sec. 2155.508. INTERNET AVAILABILITY. (a) The commission
36-1 shall develop a database of the multiple award contracts developed
36-2 under this subchapter and make that information available on an
36-3 Internet site. The database must have search capabilities that
36-4 allow a person to easily access the contracts.
36-5 (b) The commission shall allow vendors to apply through the
36-6 Internet site to be listed on a schedule developed under this
36-7 subchapter. The applicant shall provide an electronic mail address
36-8 to the commission as part of the application process.
36-9 (c) The department shall post appropriate information
36-10 regarding contracts developed under this subchapter to any
36-11 electronic procurement system developed under Chapter 2177. On
36-12 request by the department, the commission and any vendor with a
36-13 contract on a schedule developed under this subchapter shall
36-14 provide to the department any information necessary for posting on
36-15 the system.
36-16 Sec. 2155.509. NOTICE REGARDING PROCUREMENTS EXCEEDING
36-17 $25,000. After a purchase order has been placed, a state agency
36-18 subject to Section 2155.083 shall post, as required under that
36-19 section, a procurement made under a contract listed on a schedule
36-20 developed under this subchapter.
36-21 SECTION 2.02. Section 2155.079(a), Government Code, is
36-22 amended to read as follows:
36-23 (a) The commission shall adopt rules specifying the
36-24 circumstances under which it is advantageous for the state to allow
36-25 a state agency to purchase goods or services under a contract made
36-26 by another state agency other than the commission, including as
36-27 provided under Subchapter I.
37-1 SECTION 2.03. (a) Not later than March 1, 2002, the Texas
37-2 Procurement Commission shall develop initial schedules of multiple
37-3 award contracts under Section 2155.502, Government Code, as added
37-4 by this Act.
37-5 (b) Not later than January 1, 2002, the Texas Procurement
37-6 Commission shall adopt the rules required by Subchapter I, Chapter
37-7 2155, Government Code, as added by this Act.
37-8 ARTICLE 3. OVERSIGHT OF MAJOR INFORMATION RESOURCES PROJECTS
37-9 SECTION 3.01. Section 2054.003, Government Code, is amended
37-10 by adding a new Subdivision (8) and renumbering existing
37-11 Subdivisions (8), (9), and (10) as Subdivisions (9), (10), and (11)
37-12 to read as follows:
37-13 (8) "Major information resources project" means:
37-14 (A) any information resources technology project
37-15 identified in a state agency's biennial operating plan whose
37-16 development costs exceed $1 million and that:
37-17 (i) requires one year or longer to reach
37-18 operations status;
37-19 (ii) involves more than one state agency;
37-20 or
37-21 (iii) substantially alters work methods of
37-22 state agency personnel or the delivery of services to clients; and
37-23 (B) any information resources technology project
37-24 designated by the legislature in the General Appropriations Act as
37-25 a major information resources project.
37-26 (9) "Project" means a program to provide information
37-27 resources technologies support to functions within or among
38-1 elements of a state agency, that ideally is characterized by
38-2 well-defined parameters, specific objectives, common benefits,
38-3 planned activities, a scheduled completion date, and an established
38-4 budget with a specified source of funding.
38-5 (10) [(9)] "State agency" means a department,
38-6 commission, board, office, council, or other agency in the
38-7 executive or judicial branch of state government that is created by
38-8 the constitution or a statute of this state, including a university
38-9 system or institution of higher education as defined by Section
38-10 61.003, Education Code.
38-11 (11) [(10)] "Telecommunications" means any
38-12 transmission, emission, or reception of signs, signals, writings,
38-13 images, or sounds of intelligence of any nature by wire, radio,
38-14 optical, or other electromagnetic systems. The term includes all
38-15 facilities and equipment performing those functions that are owned,
38-16 leased, or used by state agencies and branches of state government.
38-17 SECTION 3.02. Subchapter F, Chapter 2054, Government Code,
38-18 is amended by adding Section 2054.1181 to read as follows:
38-19 Sec. 2054.1181. OVERSIGHT OF MAJOR INFORMATION RESOURCES
38-20 PROJECTS. (a) The department shall create a division in the
38-21 department to oversee the implementation of major information
38-22 resources projects.
38-23 (b) In performing its duties under this section, the
38-24 department shall:
38-25 (1) develop policies for the oversight of projects;
38-26 (2) implement project management standards;
38-27 (3) use effective risk management strategies;
39-1 (4) establish standards that promote the ability of
39-2 information resources systems to operate with each other; and
39-3 (5) use industry best practices and process
39-4 reengineering when feasible.
39-5 (c) The division shall be funded from a percentage of money
39-6 appropriated to or budgeted by state agencies for the major
39-7 information resources projects designated by the legislature under
39-8 Section 2054.003(8)(B). The legislature shall prescribe the
39-9 percentage or percentages, as applicable, in the General
39-10 Appropriations Act.
39-11 SECTION 3.03. Section 2054.118(d), Government Code, is
39-12 repealed.
39-13 ARTICLE 4. TELECOMMUNICATIONS
39-14 SECTION 4.01. Section 2054.051(e), Government Code, is
39-15 amended to read as follows:
39-16 (e) The department shall provide for all interagency use of
39-17 information resources technologies by state agencies[, except for
39-18 telecommunications services provided by the General Services
39-19 Commission under other law]. The department may provide for
39-20 interagency use of information resources technologies either
39-21 directly or by certifying another state agency to provide specified
39-22 uses of information resources technologies to other state agencies.
39-23 SECTION 4.02. Section 2054.091(d), Government Code, is
39-24 amended to read as follows:
39-25 (d) The executive director shall appoint an advisory
39-26 committee to assist in the preparation of the state strategic plan.
39-27 The members of the advisory committee appointed by the executive
40-1 director must be approved by the board and must include officers or
40-2 employees of state government. The telecommunications planning and
40-3 oversight council shall appoint one of its members to serve as a
40-4 member of the advisory committee.
40-5 SECTION 4.03. The heading to Subchapter H, Chapter 2054,
40-6 Government Code, is amended to read as follows:
40-7 SUBCHAPTER H. TELECOMMUNICATIONS PLANNING
40-8 AND OVERSIGHT COUNCIL [GROUP]
40-9 SECTION 4.04. Section 2054.201, Government Code, is amended
40-10 to read as follows:
40-11 Sec. 2054.201. COMPOSITION; TERMS. (a) The
40-12 telecommunications planning and oversight council [group] is
40-13 composed of:
40-14 (1) a representative of the comptroller's office,
40-15 appointed by the comptroller;
40-16 (2) the executive director of the Telecommunications
40-17 Infrastructure Fund Board;
40-18 (3) a representative of the Texas Procurement
40-19 Commission, appointed by the executive director of the commission;
40-20 (4) a member representing the interests of state
40-21 agencies with 1,000 employees or more, appointed by the lieutenant
40-22 governor;
40-23 (5) a member representing the interests of state
40-24 agencies with fewer than 1,000 employees, appointed by the speaker
40-25 of the house of representatives;
40-26 (6) a member representing the interests of
40-27 institutions of higher education, appointed by the commissioner of
41-1 higher education;
41-2 (7) a member representing the interests of The
41-3 University of Texas System, appointed by the chancellor;
41-4 (8) a member representing the interests of The Texas
41-5 A&M University System, appointed by the chancellor;
41-6 (9) a member representing the interests of public
41-7 school districts that are customers of the consolidated
41-8 telecommunications system, appointed by the governor;
41-9 (10) a member representing the interests of local
41-10 governments that are customers of the consolidated
41-11 telecommunications system, appointed by the governor; and
41-12 (11) two public members with telecommunications
41-13 expertise, appointed by the governor [the comptroller, the
41-14 executive director of the department, and the executive director of
41-15 the General Services Commission].
41-16 (b) Appointed members of the telecommunications planning and
41-17 oversight council serve two-year terms, except that the
41-18 representative of the comptroller's office serves at the discretion
41-19 of the comptroller and the representative of the Texas Procurement
41-20 Commission serves at the discretion of the executive director of
41-21 the commission [Each member of the group may designate an employee
41-22 of the member's agency to serve in the member's place].
41-23 (c) Members of the telecommunications planning and oversight
41-24 council who represent a state agency shall abstain from any action
41-25 taken by the council regarding a request for a waiver under Section
41-26 2170.051 from the state agency that is represented by the member.
41-27 SECTION 4.05. Subchapter H, Chapter 2054, Government Code,
42-1 is amended by adding Section 2054.2011 to read as follows:
42-2 Sec. 2054.2011. DEFINITIONS. In this subchapter:
42-3 (1) "Centralized capitol complex telephone system"
42-4 means the system described in Section 2170.059.
42-5 (2) "Consolidated telecommunications system" has the
42-6 meaning assigned by Section 2170.001.
42-7 SECTION 4.06. Section 2054.202, Government Code, is amended
42-8 to read as follows:
42-9 Sec. 2054.202. ADMINISTRATIVE PROVISIONS. (a) The
42-10 telecommunications planning and oversight council [group] shall
42-11 post notice of its meetings in accordance with the open meetings
42-12 law, Chapter 551, in the manner required for a state governmental
42-13 body under that chapter.
42-14 (b) The department shall provide [coordinate] the staff and
42-15 administrative support necessary for [provided to] the
42-16 telecommunications planning and oversight council to perform its
42-17 duties under this subchapter [group by the department, by the
42-18 comptroller, and by the General Services Commission].
42-19 (c) The telecommunications planning and oversight council
42-20 [group] may periodically elect one of its members to serve as
42-21 presiding officer of the council [group].
42-22 SECTION 4.07. Section 2054.203, Government Code, is amended
42-23 by amending Subsections (a)-(d) and adding Subsection (g) to read
42-24 as follows:
42-25 (a) The telecommunications planning and oversight council
42-26 [group] shall comprehensively collect and manage telecommunications
42-27 network configuration information about existing and planned
43-1 telecommunications networks throughout state government.
43-2 (b) The telecommunications planning and oversight council
43-3 [group] may require state agencies to submit to the council [group]
43-4 the agencies' network configuration information, but the council
43-5 [group] must use existing reports to gather the information if
43-6 possible and minimize the reporting burden on agencies to the
43-7 extent possible.
43-8 (c) The telecommunications planning and oversight council
43-9 [group] shall establish plans and policies for a system of
43-10 telecommunications services to be managed and operated by the
43-11 department [General Services Commission].
43-12 (d) The telecommunications planning and oversight council
43-13 [group] shall develop a statewide telecommunications operating plan
43-14 for all state agencies. The plan shall implement a statewide
43-15 network and include technical specifications that are binding on
43-16 the department [General Services Commission].
43-17 (g) The telecommunications planning and oversight council
43-18 shall perform strategic planning for all state telecommunications
43-19 services in accordance with the guiding principles of the state
43-20 strategic plan for information resources management.
43-21 SECTION 4.08. Sections 2054.204(a) and (c), Government Code,
43-22 are amended to read as follows:
43-23 (a) The telecommunications planning and oversight council
43-24 [group] shall develop a plan for a state telecommunications network
43-25 that will effectively and efficiently meet the long-term
43-26 requirements of state government for voice, video, and computer
43-27 communications, with the goal of achieving a single centralized
44-1 telecommunications network for state government.
44-2 (c) The plan must incorporate efficiencies obtained through
44-3 the use of shared transmission services and open systems
44-4 architecture as they become available, building on existing systems
44-5 as appropriate. In developing the plan, the telecommunications
44-6 planning and oversight council [group] shall make use of the
44-7 technical expertise of state agencies, including institutions of
44-8 higher education.
44-9 SECTION 4.09. Section 2054.205, Government Code, is amended
44-10 to read as follows:
44-11 Sec. 2054.205. DEVELOPMENT OF SYSTEM. (a) The
44-12 telecommunications planning and oversight council [group] shall
44-13 develop functional requirements for a statewide system of
44-14 telecommunications services for all state agencies. Existing
44-15 networks, as configured on September 1, 1991, of institutions of
44-16 higher education are exempt from the requirements.
44-17 (b) The telecommunications planning and oversight council
44-18 [group] shall develop requests for information and proposals for a
44-19 statewide system of telecommunications services for all state
44-20 agencies.
44-21 (c) The telecommunications planning and oversight council
44-22 [group] shall negotiate rates and execute contracts with
44-23 telecommunications service providers for services. The
44-24 telecommunications planning and oversight council [group] may:
44-25 (1) acquire transmission facilities by purchase,
44-26 lease, or lease-purchase in accordance with Chapters 2155-2158; and
44-27 (2) develop, establish, and maintain carrier systems
45-1 necessary to the operation of the telecommunications system.
45-2 SECTION 4.10. Subchapter H, Chapter 2054, Government Code,
45-3 is amended by adding Section 2054.2051 to read as follows:
45-4 Sec. 2054.2051. OVERSIGHT OF SYSTEMS. (a) The
45-5 telecommunications planning and oversight council shall develop
45-6 service objectives for the consolidated telecommunications system
45-7 and the centralized capitol complex telephone system.
45-8 (b) The telecommunications planning and oversight council
45-9 shall develop performance measures for the operations and staff of
45-10 the consolidated telecommunications system and the centralized
45-11 capitol complex telephone system.
45-12 (c) The telecommunications planning and oversight council
45-13 shall review every three months the status of all projects related
45-14 to and the financial performance of the consolidated
45-15 telecommunications system and the centralized capitol complex
45-16 telephone system, including a comparison between actual performance
45-17 and projected goals.
45-18 (d) The telecommunications planning and oversight council
45-19 shall make recommendations to the board on ways to improve the
45-20 operation of the consolidated telecommunications system and the
45-21 centralized capitol complex telephone system based on its review of
45-22 their performance and on concerns raised by using entities.
45-23 SECTION 4.11. Section 2054.206, Government Code, is amended
45-24 to read as follows:
45-25 Sec. 2054.206. ANNUAL REPORT. The telecommunications
45-26 planning and oversight council shall submit an annual report to the
45-27 department and to each entity served by the consolidated
46-1 telecommunications system or the centralized capitol complex
46-2 telephone system. The report must include:
46-3 (1) information about the accomplishment of service
46-4 objectives and other performance measures for management of the
46-5 consolidated telecommunications system and the centralized capitol
46-6 complex telephone system;
46-7 (2) information about the accounting and financial
46-8 performance of the consolidated telecommunications system and the
46-9 centralized capitol complex telephone system;
46-10 (3) estimates of savings to entities served by the
46-11 consolidated telecommunications system over standard rates
46-12 available to state agencies who acquire telecommunications services
46-13 directly;
46-14 (4) trends in network use, including the number of
46-15 users, workstations, and locations supported; and
46-16 (5) rate information for services provided by the
46-17 consolidated telecommunications system and the centralized capitol
46-18 complex telephone system. [ADVISORY AGENCIES. The following state
46-19 agencies shall formally advise the telecommunications planning
46-20 group and send representatives to meetings of the group:]
46-21 [(1) the Texas Education Agency;]
46-22 [(2) the Texas Higher Education Coordinating Board;]
46-23 [(3) The Texas A&M University System;]
46-24 [(4) The University of Texas System;]
46-25 [(5) the Telecommunications Infrastructure Fund Board;
46-26 and]
46-27 [(6) the Texas State Library and Archives Commission.]
47-1 SECTION 4.12. Section 2054.207, Government Code, is amended
47-2 to read as follows:
47-3 Sec. 2054.207. REPORT TO LEGISLATURE. The telecommunications
47-4 planning and oversight council [group] shall report biennially to
47-5 the legislature not later than October 1 of each even-numbered year
47-6 on the status of the current plan for a state telecommunications
47-7 network and on the progress state government has made towards
47-8 accomplishing the goals of the plan. The report shall address
47-9 consolidated telecommunications system performance, centralized
47-10 capitol complex telephone system performance, telecommunications
47-11 system needs, and recommended statutory changes to enhance system
47-12 capability and cost-effectiveness.
47-13 SECTION 4.13. Section 2157.001(1), Government Code, is
47-14 amended to read as follows:
47-15 (1) "Automated information system" includes:
47-16 (A) the computers and computer devices on which
47-17 an information system is automated, including computers and
47-18 computer devices that the commission identifies in guidelines
47-19 developed by the commission in consultation with the Department of
47-20 Information Resources and in accordance with Chapter 2054 and rules
47-21 adopted under that chapter;
47-22 (B) a service related to the automation of an
47-23 information system, including computer software or computers;
47-24 (C) a telecommunications apparatus or device
47-25 that serves as a component of a voice, data, or video
47-26 communications network for transmitting, switching, routing,
47-27 multiplexing, modulating, amplifying, or receiving signals on the
48-1 network, and services related to telecommunications that are not
48-2 covered under Paragraph (D); and
48-3 (D) for the Department of Information Resources
48-4 [General Services Commission], as telecommunications provider for
48-5 the state, the term includes any service provided by a
48-6 telecommunications provider, as that term is defined by Section
48-7 51.002, Utilities Code.
48-8 SECTION 4.14. Section 2157.121, Government Code, is amended
48-9 by amending Subsection (b) and adding Subsection (c) to read as
48-10 follows:
48-11 (b) A state agency, other than the Department of Information
48-12 Resources, shall send its proposal specifications and criteria to
48-13 the commission for approval or request the commission to develop
48-14 the proposal specifications and criteria.
48-15 (c) The Department of Information Resources may acquire a
48-16 telecommunications device, system, or service or an automated
48-17 information system by using competitive sealed proposals without
48-18 regard to whether the commission makes the determination required
48-19 under Subsection (a) for other state agencies.
48-20 SECTION 4.15. Section 2170.001(a), Government Code, is
48-21 amended by adding Subdivision (3) to read as follows:
48-22 (3) "Department" means the Department of Information
48-23 Resources.
48-24 SECTION 4.16. Section 2170.002, Government Code, is amended
48-25 to read as follows:
48-26 Sec. 2170.002. DEPARTMENT [COMMISSION] RESPONSIBLE FOR
48-27 OBTAINING TELECOMMUNICATIONS SERVICES. The department [commission]
49-1 is the state agency responsible for obtaining telecommunications
49-2 services.
49-3 SECTION 4.17. Section 2170.003, Government Code, is amended
49-4 to read as follows:
49-5 Sec. 2170.003. OWNERSHIP OR LEASE OF NECESSARY EQUIPMENT.
49-6 The department [commission] may own, lease, or lease-purchase in
49-7 accordance with Chapters 2155, 2156, 2157, and 2158 any or all of
49-8 the facilities or equipment necessary to provide telecommunications
49-9 services.
49-10 SECTION 4.18. Section 2170.004, Government Code, is amended
49-11 to read as follows:
49-12 Sec. 2170.004. CONTRACTS WITH ENTITIES OTHER THAN STATE
49-13 AGENCIES. The department [commission] may contract for use of the
49-14 consolidated telecommunications system with:
49-15 (1) each house of the legislature;
49-16 (2) a legislative agency;
49-17 (3) an agency that is not a state agency as defined by
49-18 Section 2151.002; and
49-19 (4) a political subdivision, including a county,
49-20 municipality, or district.
49-21 SECTION 4.19. Sections 2170.005(a) and (c), Government Code,
49-22 are amended to read as follows:
49-23 (a) To ensure efficient operation of the consolidated
49-24 telecommunications system at minimum cost to the state, the
49-25 department [commission] shall adopt and disseminate to all agencies
49-26 appropriate guidelines, operating procedures, and telephone
49-27 directories.
50-1 (c) Telephone directories published by the department
50-2 [commission] under this section and Section 2170.059 must be
50-3 revised regularly and must list state telephone numbers
50-4 alphabetically by the subject matter of agency programs as well as
50-5 alphabetically by agency. The subject matter listing of programs
50-6 and telephone numbers in the telephone directories must be
50-7 consistent with the categorization developed by the Records
50-8 Management Interagency Coordinating Council under Section 441.203
50-9 [441.053]. The department [commission] may authorize, under
50-10 procedures and rules considered appropriate by the department
50-11 [commission], a yellow pages advertising section in the directories
50-12 to recover development, publication, and distribution costs of the
50-13 directories.
50-14 SECTION 4.20. Section 2170.006, Government Code, is amended
50-15 to read as follows:
50-16 Sec. 2170.006. COST-EFFECTIVENESS OF SYSTEM. (a) The
50-17 department [commission], with the advice of the state auditor,
50-18 shall maintain records relating to the consolidated
50-19 telecommunications system necessary to enable the department
50-20 [commission] to analyze the cost-effectiveness of the system to
50-21 state agencies.
50-22 (b) The department [commission] shall advise the legislature
50-23 at each session about the system's cost-effectiveness.
50-24 SECTION 4.21. Section 2170.008, Government Code, is amended
50-25 to read as follows:
50-26 Sec. 2170.008. RATE INTERVENTION. (a) If the department
50-27 [commission] determines there is sufficient economic impact on
51-1 state government, the department [commission] may intervene on
51-2 behalf of state agencies in telecommunications rate cases and may
51-3 hire special counsel and expert witnesses to prepare and present
51-4 testimony.
51-5 (b) The attorney general shall represent the department
51-6 [commission] before the courts in all appeals from rate cases in
51-7 which the department [commission] intervenes.
51-8 SECTION 4.22. Sections 2170.009(a) and (c), Government Code,
51-9 are amended to read as follows:
51-10 (a) A pay telephone may be located in the capitol complex
51-11 only with the approval of the department [commission]. The
51-12 department [commission] shall collect the revenue from the
51-13 installation and operation of the pay telephone and deposit it to
51-14 the credit of the general revenue fund.
51-15 (c) The department [commission] or other state entity shall
51-16 account for the revenue collected under this section in the
51-17 entity's annual report.
51-18 SECTION 4.23. Section 2170.051, Government Code, is amended
51-19 to read as follows:
51-20 Sec. 2170.051. MANAGEMENT AND USE OF SYSTEM. (a) The
51-21 department [commission] shall manage the operation of a system of
51-22 telecommunications services for all state agencies. Each agency
51-23 shall identify its particular requirements for telecommunications
51-24 services and the site at which the services are to be provided.
51-25 (b) The department [commission] shall fulfill the
51-26 telecommunications requirements of each state agency to the extent
51-27 possible and to the extent that money is appropriated or available
52-1 for that purpose.
52-2 (c) A state agency shall use the consolidated
52-3 telecommunications system to the fullest extent possible. A state
52-4 agency may not acquire telecommunications services unless the
52-5 telecommunications planning and oversight council [group]
52-6 determines that the agency's requirement for telecommunications
52-7 services cannot be met at a comparable cost by the consolidated
52-8 telecommunications system.
52-9 (d) A state agency may not enter into or renew a contract
52-10 with a carrier or other provider of telecommunications services
52-11 without obtaining a waiver from the telecommunications planning and
52-12 oversight council [group] certifying that the requested
52-13 telecommunications services cannot be provided at a comparable cost
52-14 on the consolidated telecommunications system. The
52-15 telecommunications planning and oversight council [group] shall
52-16 evaluate requests for waivers based on cost-effectiveness to the
52-17 state government as a whole. A waiver may be granted only for a
52-18 specific period and will automatically expire on the stated
52-19 expiration date unless an extension is approved by the
52-20 telecommunications planning and oversight council [group]. A
52-21 contract for telecommunications services obtained under waiver may
52-22 not extend beyond the expiration date of the waiver. If the
52-23 telecommunications planning and oversight council [group] becomes
52-24 aware of any state agency receiving telecommunications services
52-25 without a waiver, the telecommunications planning and oversight
52-26 council [group] shall notify the agency and the comptroller. The
52-27 state agency shall have 60 days after notification by the
53-1 telecommunications planning and oversight council [group] in which
53-2 to submit a waiver request to the telecommunications planning and
53-3 oversight council [group] documenting the agency's reasons
53-4 [reasoning] for bypassing the consolidated telecommunications
53-5 system and otherwise providing all information required by the
53-6 waiver application form.
53-7 SECTION 4.24. Section 2170.052, Government Code, is amended
53-8 to read as follows:
53-9 Sec. 2170.052. BALANCING TECHNOLOGICAL ADVANCEMENTS AND
53-10 EXISTING FACILITIES. In the planning, design, implementation, and
53-11 operation of the consolidated telecommunications system, the
53-12 department [commission] shall maintain an appropriate balance
53-13 between the adoption of technological advancements and the
53-14 efficient use of existing facilities and services to avoid
53-15 misapplication of state money and degradation or loss of the
53-16 integrity of existing systems and facilities.
53-17 SECTION 4.25. Section 2170.056, Government Code, is amended
53-18 to read as follows:
53-19 Sec. 2170.056. COSTS TO STATE OF PARALLEL TOLLS. All
53-20 contracts with telecommunications carriers shall provide that the
53-21 department [commission] or any participating agency may obtain any
53-22 information relating to the costs to the state of parallel tolls.
53-23 SECTION 4.26. Sections 2170.057(a), (c), and (d), Government
53-24 Code, are amended to read as follows:
53-25 (a) The department [commission] shall develop a system of
53-26 billings and charges for services provided in operating and
53-27 administering the consolidated telecommunications system that
54-1 allocates the total state cost to each entity served by the system
54-2 based on proportionate usage.
54-3 (c) To provide an adequate cash flow as necessary for
54-4 purposes of this chapter, using state agencies and other entities,
54-5 on proper notification, shall make monthly payments into the
54-6 telecommunications revolving fund account from appropriated or
54-7 other available money. The legislature may appropriate money for
54-8 operating the system directly to the department [commission], in
54-9 which case the revolving fund account shall be used to receive
54-10 money due from local governmental entities and other agencies to
54-11 the extent that their money is not subject to legislative
54-12 appropriation.
54-13 (d) The department [commission] shall maintain in the
54-14 revolving fund account sufficient amounts to pay the bills of the
54-15 consolidated telecommunications system and the centralized capitol
54-16 complex telephone system. The department [commission] shall
54-17 certify amounts that exceed this amount to the comptroller, and the
54-18 comptroller shall transfer the excess amounts to the credit of the
54-19 statewide network applications account established by Section
54-20 2054.011 [22A, Information Resources Management Act (Article
54-21 4413(32j), Revised Statutes)].
54-22 SECTION 4.27. Sections 2170.058(b) and (c), Government Code,
54-23 are amended to read as follows:
54-24 (b) The department [commission] shall adopt rules that
54-25 govern student access to the system, including:
54-26 (1) times of access to the system; and
54-27 (2) the full recovery of actual costs from each
55-1 student who uses the system.
55-2 (c) In consideration of the duties and responsibilities
55-3 given the department [commission] under this chapter [subtitle], it
55-4 is the policy of this state that a state agency or unit of state
55-5 government may not provide telecommunications products or services
55-6 to the general public in competition with private enterprise unless
55-7 there is a finding that providing the products or services is in
55-8 the public interest. This subsection does not prohibit students
55-9 who reside in housing for which institutions of higher education
55-10 provide telephone service from using service provided under this
55-11 section.
55-12 SECTION 4.28. Section 2170.059, Government Code, is amended
55-13 to read as follows:
55-14 Sec. 2170.059. CENTRALIZED CAPITOL COMPLEX TELEPHONE SYSTEM.
55-15 (a) The department [commission] shall provide centralized
55-16 telephone service for state agencies, each house of the
55-17 legislature, and legislative agencies in the capitol complex.
55-18 State agencies in the capitol complex shall use the service. Each
55-19 house of the legislature and each legislative agency shall use the
55-20 service at the discretion of the legislature. The department
55-21 [commission] may provide the service to other state agencies that
55-22 subscribe to it.
55-23 (b) Each using entity shall make monthly payments to the
55-24 department [commission] when billed by the department [commission].
55-25 (c) Each using entity may arrange for its own terminal
55-26 telephone equipment, but the equipment must be compatible with the
55-27 centralized telephone service. The department [commission] shall
56-1 make terminal equipment available for using entities that choose to
56-2 use that terminal equipment.
56-3 (d) The department [commission] annually shall prepare and
56-4 issue a revised centralized telephone service directory not later
56-5 than March 31.
56-6 SECTION 4.29. Subchapter B, Chapter 2170, Government Code,
56-7 is amended by adding Section 2170.060 to read as follows:
56-8 Sec. 2170.060. QUARTERLY REPORT. The department shall
56-9 quarterly submit a report to the telecommunications planning and
56-10 oversight council on:
56-11 (1) the department's accomplishment of service
56-12 objectives and other performance measures;
56-13 (2) the financial performance of the consolidated
56-14 telecommunications system and the centralized capitol complex
56-15 telephone system; and
56-16 (3) the status of projects for the consolidated
56-17 telecommunications system and the centralized capitol complex
56-18 telephone system.
56-19 SECTION 4.30. Section 2054.091(e), Government Code, is
56-20 repealed.
56-21 SECTION 4.31. Section 2170.007, Government Code, is
56-22 repealed.
56-23 SECTION 4.32. (a) The telecommunications planning group is
56-24 abolished.
56-25 (b) The governor, the lieutenant governor, the speaker of
56-26 the house of representatives, the comptroller of public accounts,
56-27 the executive director of the Texas Procurement Commission, the
57-1 commissioner of higher education, the chancellor of The University
57-2 of Texas System, and the chancellor of The Texas A&M University
57-3 System shall make appointments to the telecommunications planning
57-4 and oversight council in accordance with Section 2054.201,
57-5 Government Code, as amended by this Act, as soon as possible after
57-6 September 1, 2001.
57-7 (c) Any powers, duties, rights, contracts, appropriations,
57-8 property, and records of the telecommunications planning group are
57-9 transferred to the telecommunications planning and oversight
57-10 council as created by this Act.
57-11 (d) A rule, policy, plan, waiver, standard, requirement, or
57-12 guideline of the telecommunications planning group continues in
57-13 effect as a rule, policy, plan, waiver, standard, requirement, or
57-14 guideline of the telecommunications planning and oversight council
57-15 until it is superseded by an act of the telecommunications planning
57-16 and oversight council as created by this Act or until it expires
57-17 according to its terms or by operation of law.
57-18 (e) The validity of a rule, policy, plan, requirement,
57-19 guideline, or procedure adopted, waiver granted, contract or
57-20 acquisition made, obligation incurred, right accrued, or other
57-21 action taken by or in connection with the authority of the
57-22 telecommunications planning group before it is abolished under
57-23 Subsection (a) of this section is not affected by the abolishment.
57-24 SECTION 4.33. The telecommunications planning and oversight
57-25 council shall issue the first annual report required under Section
57-26 2054.206, Government Code, as amended by this Act, not later than
57-27 September 1, 2002.
58-1 ARTICLE 5. STATEWIDE CONTRACT MANAGEMENT
58-2 SECTION 5.01. Subtitle F, Title 10, Government Code, is
58-3 amended by adding Chapter 2262 to read as follows:
58-4 CHAPTER 2262. STATEWIDE CONTRACT MANAGEMENT
58-5 SUBCHAPTER A. GENERAL PROVISIONS
58-6 Sec. 2262.001. DEFINITIONS. In this chapter:
58-7 (1) "Team" means the Contract Advisory Team created
58-8 under Subchapter C.
58-9 (2) "Contract management guide" means the guide
58-10 developed under Section 2262.051.
58-11 (3) "Contract manager" means a person who:
58-12 (A) is employed by a state agency; and
58-13 (B) has significant contract management duties
58-14 for the state agency, as determined by the agency in consultation
58-15 with the state auditor.
58-16 (4) "Major contract" means a contract that has a value
58-17 of at least $1 million.
58-18 (5) "State agency" has the meaning provided by Section
58-19 2056.001.
58-20 Sec. 2262.002. EXEMPTIONS. (a) This chapter does not apply
58-21 to an institution of higher education as defined by Section 61.003,
58-22 Education Code.
58-23 (b) Any provisions of this chapter regarding the
58-24 solicitation of contracts do not apply to the Texas Department of
58-25 Transportation.
58-26 (Sections 2262.003-2262.050 reserved for expansion
58-27 SUBCHAPTER B. CONTRACT MANAGEMENT
59-1 Sec. 2262.051. CONTRACT MANAGEMENT GUIDE; RULES. (a) In
59-2 consultation with the Texas Procurement Commission, the Department
59-3 of Information Resources, the comptroller, and the state auditor,
59-4 the attorney general shall develop and periodically update a
59-5 contract management guide for use by state agencies.
59-6 (b) The attorney general may adopt rules necessary to
59-7 develop the guide.
59-8 (c) The guide must provide information regarding the primary
59-9 duties of a contract manager, including how to:
59-10 (1) develop and negotiate a contract;
59-11 (2) select a contractor; and
59-12 (3) monitor contractor and subcontractor performance
59-13 under a contract.
59-14 (d) The guide must include model provisions for state agency
59-15 contracts. The guide must:
59-16 (1) distinguish between essential provisions that a
59-17 state agency must include in a contract to protect the interests of
59-18 this state and recommended provisions that a state agency may
59-19 include in a contract;
59-20 (2) recognize the unique contracting needs of an
59-21 individual state agency or program and provide sufficient
59-22 flexibility to accommodate those needs, consistent with protecting
59-23 the interests of this state; and
59-24 (3) include maximum contract periods under which a new
59-25 competitive solicitation is not necessary.
59-26 (e) The guide must recommend time frames under which a state
59-27 agency may issue a competitive solicitation for a major contract in
60-1 relation to the date on which the contract is to be executed.
60-2 (f) The guide must establish procedures by which a state
60-3 agency is required to consult with the team before issuing a
60-4 solicitation for a major contract. The procedures must establish a
60-5 process under which the team is required to review and comment on
60-6 whether to proceed with the solicitation or execute the contract.
60-7 As detailed in the procedures, the team may recommend that the
60-8 agency use the services of the attorney general or private counsel
60-9 or of private consultants who are experts in any technical matter
60-10 that is the subject of the major contract.
60-11 (g) The guide must establish procedures under which a state
60-12 agency is required to solicit explanations from qualified potential
60-13 respondents who did not respond to a competitive solicitation for a
60-14 contract on which fewer than two qualified bids were received by
60-15 the agency.
60-16 Sec. 2262.052. COMPLIANCE WITH GUIDE. (a) Each state
60-17 agency shall comply with the contract management guide.
60-18 (b) The state auditor shall:
60-19 (1) periodically monitor compliance with this section;
60-20 (2) report any noncompliance to:
60-21 (A) the governor;
60-22 (B) the lieutenant governor;
60-23 (C) the speaker of the house of representatives;
60-24 and
60-25 (D) the team; and
60-26 (3) assist, in coordination with the attorney general
60-27 and the comptroller, a noncomplying state agency to comply with
61-1 this section.
61-2 Sec. 2262.053. TRAINING. (a) In coordination with the Texas
61-3 Procurement Commission, the comptroller, and the Department of
61-4 Information Resources, the state auditor shall develop a training
61-5 program for contract managers.
61-6 (b) The training must provide the contract manager with
61-7 information regarding how to:
61-8 (1) fairly and objectively select and negotiate with
61-9 the most qualified contractor;
61-10 (2) establish prices that are cost-effective and that
61-11 reflect the cost of providing the service;
61-12 (3) include provisions in a contract that hold the
61-13 contractor accountable for results;
61-14 (4) monitor and enforce a contract;
61-15 (5) make payments consistent with the contract; and
61-16 (6) comply with any requirements or goals contained in
61-17 the contract management guide.
61-18 (c) Each state agency shall ensure that the agency's
61-19 contract managers complete the training developed under this
61-20 section.
61-21 Sec. 2262.054. PUBLIC COMMENT. The attorney general by rule
61-22 may establish procedures by which each state agency is required to
61-23 invite public comment by publishing the proposed technical
61-24 specifications for major contracts on the Internet through the
61-25 information service known as the Texas Marketplace or through a
61-26 suitable successor information service. The guide must define
61-27 "technical specifications."
62-1 (Sections 2262.055-2262.100 reserved for expansion)
62-2 SUBCHAPTER C. CONTRACT ADVISORY TEAM
62-3 Sec. 2262.101. CREATION; DUTIES. The Contract Advisory Team
62-4 is created to assist state agencies in improving contract
62-5 management practices by:
62-6 (1) reviewing the solicitation of major contracts by
62-7 state agencies;
62-8 (2) reviewing any findings or recommendations made by
62-9 the state auditor, including those made under Section 2262.052(b),
62-10 regarding a state agency's compliance with the contract management
62-11 guide; and
62-12 (3) providing recommendations to:
62-13 (A) the attorney general regarding the
62-14 development of the contract management guide; and
62-15 (B) the state auditor regarding the training
62-16 under Section 2262.053.
62-17 Sec. 2262.102. MEMBERS. (a) The team consists of the
62-18 following five members:
62-19 (1) one member from the attorney general's office;
62-20 (2) one member from the comptroller's office;
62-21 (3) one member from the Department of Information
62-22 Resources;
62-23 (4) one member from the Texas Procurement Commission;
62-24 and
62-25 (5) one member from the governor's office.
62-26 (b) The Legislative Budget Board and the state auditor shall
62-27 provide technical assistance to the team.
63-1 Sec. 2262.103. PERSONNEL. Each agency or officer with
63-2 representation on the team shall provide, at the request of the
63-3 team, staff to assist the team in carrying out its duties under
63-4 this chapter.
63-5 SECTION 5.02. Section 2056.002(b), Government Code, is
63-6 amended to read as follows:
63-7 (b) The Legislative Budget Board and the Governor's Office
63-8 of Budget and Planning shall determine the elements required to be
63-9 included in each agency's strategic plan. Unless modified by the
63-10 Legislative Budget Board and the Governor's Office of Budget and
63-11 Planning, and except as provided by Subsection (c), a plan must
63-12 include:
63-13 (1) a statement of the mission and goals of the state
63-14 agency;
63-15 (2) a description of the indicators developed under
63-16 this chapter and used to measure the output and outcome of the
63-17 agency;
63-18 (3) identification of the groups of people served by
63-19 the agency, including those having service priorities, or other
63-20 service measures established by law, and estimates of changes in
63-21 those groups expected during the term of the plan;
63-22 (4) an analysis of the use of the agency's resources
63-23 to meet the agency's needs, including future needs, and an estimate
63-24 of additional resources that may be necessary to meet future needs;
63-25 (5) an analysis of expected changes in the services
63-26 provided by the agency because of changes in state or federal law;
63-27 (6) a description of the means and strategies for
64-1 meeting the agency's needs, including future needs, and achieving
64-2 the goals established under Section 2056.006 for each area of state
64-3 government for which the agency provides services;
64-4 (7) a description of the capital improvement needs of
64-5 the agency during the term of the plan and a statement, if
64-6 appropriate, of the priority of those needs;
64-7 (8) identification of each geographic region of this
64-8 state, including the Texas-Louisiana border region and the
64-9 Texas-Mexico border region, served by the agency, and if
64-10 appropriate the agency's means and strategies for serving each
64-11 region;
64-12 (9) a description of the training of the agency's
64-13 contract managers under Section 2262.053; and
64-14 (10) [(9)] other information that may be required.
64-15 SECTION 5.03. Not later than March 1, 2002, the members of
64-16 the Contract Advisory Team created under Section 2262.101,
64-17 Government Code, as added by this Act, shall be designated by the
64-18 appropriate state agency or officer.
64-19 SECTION 5.04. Not later than March 1, 2002, the attorney
64-20 general shall complete the contract management guide required by
64-21 Section 2262.051, Government Code, as added by this Act.
64-22 SECTION 5.05. (a) In this section:
64-23 (1) "Team" means the Contract Advisory Team created
64-24 under Subchapter C, Chapter 2262, Government Code, as added by this
64-25 Act.
64-26 (2) "Major contract" has the meaning provided by
64-27 Section 2262.001, Government Code, as added by this Act.
65-1 (3) "Solicitation" includes an invitation for bid,
65-2 request for proposal, request for offer, request for quote, or
65-3 other method for soliciting contracts in this state.
65-4 (4) "State agency" has the meaning provided by Section
65-5 2056.001, Government Code.
65-6 (b) Not later than March 1, 2002, each state agency shall
65-7 provide the team:
65-8 (1) a list of all major contracts entered into by the
65-9 agency for which a competitive bid was solicited before September
65-10 1, 1998; and
65-11 (2) a plan for issuing new solicitations for those
65-12 contracts not later than September 1, 2003.
65-13 (c) The team may review and comment on the plan submitted
65-14 under Subsection (b) of this section.
65-15 SECTION 5.06. Not later than December 31, 2002, one contract
65-16 manager designated by each state agency must have received the
65-17 training required by Section 2262.053(c), Government Code, as added
65-18 by this Act.
65-19 SECTION 5.07. (a) Except as provided by Subsections (b) and
65-20 (c) of this section, this article takes effect September 1, 2001.
65-21 (b) Section 2262.052(a), Government Code, as added by this
65-22 Act, takes effect January 1, 2003. A state agency may comply with
65-23 Section 2262.052(a) before its effective date.
65-24 (c) A state agency is not required to comply with Section
65-25 2056.002(b)(9), Government Code, as added by this Act, until June
65-26 1, 2004.
66-1 ARTICLE 6. COMMERCIALLY AVAILABLE ACTIVITIES
66-2 SECTION 6.01. Subtitle D, Title 10, Government Code, is
66-3 amended by adding Chapter 2163 to read as follows:
66-4 CHAPTER 2163. COMMERCIALLY AVAILABLE ACTIVITIES
66-5 Sec. 2163.001. DEFINITION. In this chapter, "commission"
66-6 means the Texas Procurement Commission.
66-7 Sec. 2163.002. REVIEW PROCESS. (a) The commission shall
66-8 develop a systematic review process to identify commercially
66-9 available services being performed by the commission and study the
66-10 services to determine if they may be better provided by other state
66-11 agency providers of the services or private commercial sources.
66-12 (b) In reviewing its services, the commission shall:
66-13 (1) determine whether competitive vendors exist in the
66-14 private sector;
66-15 (2) compare the cost of contracting for the services
66-16 from other state agency providers of the services or private
66-17 commercial sources to the commission's cost of performing the
66-18 services; and
66-19 (3) document cost savings from contracting for the
66-20 services from other state agency providers of the services or
66-21 private commercial sources.
66-22 (c) Each commercially available service performed by the
66-23 commission shall be reviewed at least once every six years.
66-24 (d) The commission shall consult with the State Council on
66-25 Competitive Government as necessary in planning and conducting its
66-26 reviews under this subchapter.
66-27 Sec. 2163.003. COST COMPARISON AND CONTRACT CONSIDERATIONS.
67-1 (a) The commission shall consider all of its direct and indirect
67-2 costs in determining the cost of providing a service.
67-3 (b) In comparing the cost of providing a service, the
67-4 commission must include the:
67-5 (1) cost of supervising the work of a private
67-6 contractor; and
67-7 (2) cost to the state of the commission's performance
67-8 of the service, including:
67-9 (A) the costs of the office of the attorney
67-10 general and other support agencies; and
67-11 (B) other indirect costs related to the
67-12 commission's performance of the service.
67-13 Sec. 2163.004. CONTRACTING WITH ANOTHER STATE AGENCY OR
67-14 PRIVATE SOURCE. (a) If the commission determines that a service
67-15 can be performed with a comparable or better level of quality at a
67-16 savings to the state of at least 10 percent by using other state
67-17 agency providers of the service or a private commercial source, the
67-18 commission may contract with other state agency providers of the
67-19 services or private commercial sources for the service.
67-20 (b) The commission maintains responsibility for providing a
67-21 contracted service and shall set measurable performance standards
67-22 for a contractor.
67-23 Sec. 2163.005. PROHIBITION. The commission may not begin
67-24 providing a service the General Services Commission did not provide
67-25 as of September 1, 2001, unless, after conducting an in-depth
67-26 analysis on cost in accordance with Section 2163.003 and on
67-27 availability of a service, the commission determines that it can
68-1 perform the service at a higher level of quality or at a lower cost
68-2 than other state agency providers of the service or private
68-3 commercial sources.
68-4 ARTICLE 7. ELECTRONIC COMMERCE; TRAVEL
68-5 SECTION 7.01. Section 2155.062(a), Government Code, is
68-6 amended to read as follows:
68-7 (a) In purchasing goods and services the commission may use,
68-8 but is not limited to, the:
68-9 (1) contract purchase procedure;
68-10 (2) multiple award contract procedure, including under
68-11 any schedules developed under Subchapter I; [or]
68-12 (3) open market purchase procedure; or
68-13 (4) reverse auction procedure.
68-14 SECTION 7.02. Sections 2155.083(c), (d), (f), (k), and (l),
68-15 Government Code, are amended to read as follows:
68-16 (c) The commission [department] each business day shall
68-17 produce and post a business daily in an electronic format. The
68-18 commission [department] shall post in the business daily
68-19 information as prescribed by this section about each state agency
68-20 procurement that will exceed $25,000 in value. The commission
68-21 [department] shall also post in the business daily other
68-22 information relating to the business activity of the state that the
68-23 commission [department] considers to be of interest to the public.
68-24 (d) The commission [department] shall make the business
68-25 daily available on the Internet [through its information service
68-26 known as the Texas Marketplace or through a suitable successor
68-27 information service that will make the information available on the
69-1 Internet]. Each [The department and each] state agency shall
69-2 cooperate with the commission in making the electronic business
69-3 daily available.
69-4 (f) The commission [department] and other state agencies may
69-5 not charge a fee designed to recover the cost of preparing and
69-6 gathering the information that is published in the business daily.
69-7 These costs are considered part of a procuring agency's
69-8 responsibility to publicly inform potential bidders or offerors of
69-9 its procurement opportunities.
69-10 (k) Each state agency that will award a procurement contract
69-11 estimated to exceed $25,000 in value shall send to the commission
69-12 [department]:
69-13 (1) the information the commission [department]
69-14 requires for posting in the state business daily under this
69-15 section; and
69-16 (2) a notice when the procurement contract has been
69-17 awarded or when the state agency has decided to not make the
69-18 procurement.
69-19 (l) The commission [department] may adopt rules, prescribe
69-20 forms, and require information to administer this section. The
69-21 commission [department] shall send any proposed rules to the
69-22 governor, Legislative Budget Board, comptroller, and state auditor
69-23 [, and commission] for review and comment. The commission's
69-24 [department's] rules shall require that each state agency[, to the
69-25 extent feasible,] shall directly and electronically post its own
69-26 notices or solicitation packages under Subsections (g) and (h).
69-27 SECTION 7.03. Sections 2156.003(a) and (b), Government Code,
70-1 are amended to read as follows:
70-2 (a) The commission shall electronically maintain a bidders
70-3 list that is integrated into the electronic procurement marketplace
70-4 established by the Department of Information Resources. If the
70-5 commission determines that it is in the state's best interest, the
70-6 commission may also maintain the list on paper. The commission may
70-7 [and] add or delete names from the list according to applicable
70-8 standards provided by Section 2156.007.
70-9 (b) In addition to any requirements of Chapter 2177, an [An]
70-10 invitation to bid on an item to be purchased may be sent
70-11 electronically [only] to a vendor on the bidders list who has
70-12 expressed a desire to bid on that type of item.
70-13 SECTION 7.04. Section 2171.052, Government Code, is amended
70-14 by adding Subsection (e) to read as follows:
70-15 (e) The commission shall maintain at least one contract with
70-16 a provider of travel services that offers reservation and ticketing
70-17 services in person or by telephone.
70-18 SECTION 7.05. Subchapter B, Chapter 2171, Government Code,
70-19 is amended by adding Section 2171.0521 to read as follows:
70-20 Sec. 2171.0521. ONLINE RESERVATION AND TICKETING CAPABILITY.
70-21 (a) The Department of Information Resources, in consultation with
70-22 the commission, shall establish and manage the electronic
70-23 infrastructure of an online travel reservation and ticketing
70-24 capability for use by state agencies participating in the
70-25 commission's contracts for travel services. The commission shall
70-26 manage and administer the content of the online travel reservation
70-27 and ticketing capability. The Department of Information Resources,
71-1 in consultation with the commission, shall enter into contracts
71-2 with private or public entities to establish a secure means by
71-3 which a state employee traveling on state business may
71-4 electronically participate in the commission's contracts for travel
71-5 services. The Department of Information Resources shall attempt to
71-6 establish an online capability that connects to the online
71-7 reservation or ticketing systems of providers of travel services.
71-8 Reservations must be made with a state-issued credit card or other
71-9 form of payment authorized by the commission.
71-10 (b) The preference in Section 2171.052(c) for a resident
71-11 entity of this state does not apply to this section.
71-12 (c) A state agency may use the online reservation and
71-13 ticketing capability to make travel reservations for a state
71-14 employee traveling on state business.
71-15 SECTION 7.06. Chapter 2177, Government Code, is amended to
71-16 read as follows:
71-17 CHAPTER 2177. ELECTRONIC COMMERCE
71-18 SUBCHAPTER A. GENERAL PROVISIONS
71-19 Sec. 2177.001. DEFINITIONS. In this chapter:
71-20 (1) "Commission" means the Texas Procurement
71-21 Commission.
71-22 (2) "Department" means the Department of Information
71-23 Resources.
71-24 (3) "Electronic procurement system" means the
71-25 electronic system for procuring goods and services consisting of
71-26 the electronic procurement marketplace created under Subchapter B
71-27 and the electronic commerce network created under Subchapter C.
72-1 Sec. 2177.002. SMALL AND HISTORICALLY UNDERUTILIZED
72-2 BUSINESSES. The commission and the department shall ensure that
72-3 small and historically underutilized businesses have maximum access
72-4 to electronic commerce opportunities.
72-5 Sec. 2177.003. CONSULTATION. The commission, at least
72-6 quarterly, shall consult with the following entities to ensure that
72-7 the electronic procurement system meets the needs of users of the
72-8 system:
72-9 (1) the department;
72-10 (2) the state auditor;
72-11 (3) groups, including coordinating councils, created
72-12 by the commission to assist with electronic commerce initiatives;
72-13 (4) the vendor advisory committee established under
72-14 Section 2155.081; and
72-15 (5) other state agencies and local governments that
72-16 use the system.
72-17 Sec. 2177.004. INTERFACE WITH TEXAS ONLINE. (a) The
72-18 department, with the assistance of the commission, shall assess
72-19 whether all or parts of the electronic procurement system should
72-20 interface with the project known as Texas Online that is a
72-21 continuation of the demonstration project authorized by Section
72-22 2054.062 as enacted by the 76th Legislature.
72-23 (b) Based on the assessment, the department and the
72-24 commission may interface all or parts of the electronic procurement
72-25 system with Texas Online or use features of Texas Online to enhance
72-26 the electronic procurement system.
72-27 SUBCHAPTER B. ELECTRONIC PROCUREMENT MARKETPLACE
73-1 Sec. 2177.051. ELECTRONIC PROCUREMENT MARKETPLACE. (a) The
73-2 department [commission] shall establish and manage the electronic
73-3 infrastructure of an electronic procurement marketplace. The
73-4 commission shall manage and administer the content of the
73-5 electronic procurement marketplace in accordance with this
73-6 subtitle. The department or commission, as appropriate, may enter
73-7 into contracts with private or public entities to establish or
73-8 maintain all or part of the databases comprising the marketplace,
73-9 to the extent feasible, including contracts to procure hardware or
73-10 software. The department or commission, as appropriate, shall
73-11 procure all goods and services related to the marketplace through a
73-12 competitive selection process appropriate for the good or service
73-13 being acquired.
73-14 (b) The commission, in consultation with the department
73-15 [Department of Information Resources], shall define standards,
73-16 including keyword and product code standards, for the electronic
73-17 procurement marketplace. The marketplace may contain:
73-18 (1) information relevant to the state's standard
73-19 procurement specifications for goods and services;
73-20 (2) information about vendors, including [information
73-21 from the centralized master bidders list and] vendor performance
73-22 information;
73-23 (3) information about products, including product
73-24 testing results;
73-25 (4) historical purchasing information, qualified
73-26 purchase lists, and trends; [and]
73-27 (5) information about the availability of surplus
74-1 property; and
74-2 (6) information about recycled, remanufactured, or
74-3 environmentally sensitive commodities or services, including
74-4 commodities or services identified under Section 2155.448.
74-5 (c) The commission shall integrate the business daily into
74-6 the electronic procurement marketplace.
74-7 (d) The department [commission] may adopt rules relating to
74-8 the design and use of the electronic procurement marketplace that
74-9 concern the technical requirements of the marketplace. The
74-10 commission may adopt rules relating to the use of the marketplace
74-11 for its intended purpose, including rules that require state
74-12 agencies to provide information for or receive information from the
74-13 marketplace. The department and the commission shall consult in
74-14 adopting rules under this subsection.
74-15 (e) [(d)] The commission may make state procurement
74-16 information available to political subdivisions through the
74-17 electronic procurement marketplace on a fee-for-service basis. The
74-18 commission shall set the fees in an amount that recovers the
74-19 state's costs in providing the access to a political subdivision.
74-20 (f) [(e)] Before developing a contract for the procurement
74-21 of a good or service, a state agency shall [may] use the electronic
74-22 procurement marketplace as prescribed by this chapter and
74-23 commission rules [to determine the most appropriate method for
74-24 acquiring the good or service].
74-25 (g) [(f)] The marketplace may contain:
74-26 (1) information relevant to the state's standard
74-27 procurement specifications for goods and services;
75-1 (2) information about vendors, including [information
75-2 from the centralized master bidders list and] vendor performance
75-3 information;
75-4 (3) information about products, including product
75-5 testing results; and
75-6 (4) historical purchasing information, qualified
75-7 purchase lists, and trends.
75-8 (h) [(g)] The department or commission may require
75-9 information from a state agency for inclusion in the electronic
75-10 procurement marketplace.
75-11 SUBCHAPTER C. ELECTRONIC COMMERCE NETWORK
75-12 Sec. 2177.101. EXCEPTIONS. (a) This subchapter does not
75-13 apply to procurements for major construction projects, as defined
75-14 by the commission in consultation with the department, such as
75-15 procurements made under Chapter 223, Transportation Code. In
75-16 defining a major construction project, the commission shall base
75-17 its decision on whether the nature of the project, any related
75-18 contract or specifications, or other considerations are of a type
75-19 that would make electronic procurement inappropriate.
75-20 (b) The exceptions listed under Section 2166.003(a) apply as
75-21 exceptions to this subchapter.
75-22 Sec. 2177.102 [2177.002]. ELECTRONIC COMMERCE NETWORK. (a)
75-23 The department shall establish and manage the electronic
75-24 infrastructure of an electronic commerce network. The commission
75-25 shall [establish and] manage and administer the content of the
75-26 electronic commerce network. The [an] electronic commerce network,
75-27 to the extent feasible, shall allow [under which] the state's
76-1 purchasing transactions with vendors to [can] be accomplished
76-2 electronically by means of facsimile transmissions and on-line
76-3 transmission of necessary information. [The commission shall
76-4 comply with applicable rules of the Department of Information
76-5 Resources to the extent that they are based on the standard data
76-6 protocol developed by the American National Standards Institute
76-7 known as electronic data interchange or on other efficient
76-8 standards as determined by the commission.]
76-9 (b) The department or commission, as appropriate, may enter
76-10 into contracts with one or more public or private entities to
76-11 establish or support various elements of the network. The
76-12 department or commission, as appropriate, shall procure all goods
76-13 and services related to the network through the competitive
76-14 selection process appropriate for the good or service being
76-15 acquired.
76-16 (c) The department, in consultation with the commission, may
76-17 provide for a gateway between the electronic procurement
76-18 marketplace and the electronic commerce network so that the
76-19 elements of a procurement transaction that are within state
76-20 government and the elements of a procurement transaction that
76-21 involve communication with a vendor may all be accomplished
76-22 electronically.
76-23 (d) Each state agency [that is capable of participating in
76-24 the electronic commerce network] must participate in the network
76-25 and participate in contracts entered into by the department or the
76-26 commission for the establishment or support of the network. The
76-27 department [commission] shall charge an agency a fee for network
77-1 services provided to the agency by the department [commission] or
77-2 by a contractor so that the cost of providing network services to
77-3 an agency is paid by the agency.
77-4 (e) The commission may allow political subdivisions and
77-5 other public entities that are members of the commission's
77-6 cooperative purchasing program to participate in the electronic
77-7 commerce network. The department [commission] shall require that a
77-8 participating political subdivision or other entity is charged a
77-9 fee for the network services in the same manner that participating
77-10 state agencies are charged fees under Subsection (d).
77-11 (f) The commission may also charge private businesses a fee
77-12 for accessing the network.
77-13 (g) The department may adopt rules to administer this
77-14 section that concern the technical requirements of the network.
77-15 The commission may:
77-16 (1) adopt rules relating to the use of the network for
77-17 its intended purpose [to administer this section]; and
77-18 (2) require participating state agencies, political
77-19 subdivisions, and other public entities to designate a network
77-20 coordinator.
77-21 (h) The department and the commission shall consult in
77-22 adopting rules under this section.
77-23 (i) The requirements of this subchapter [section and Section
77-24 2177.003] are in addition to the requirements of other law relating
77-25 to the solicitation of bids, proposals, or expressions of interest
77-26 for a procurement by the commission or another state agency. This
77-27 subchapter does [section and Section 2177.003 do] not affect any
78-1 other law that requires the commission or another state agency to
78-2 award a procurement contract through competitive bidding,
78-3 competitive sealed proposals, or another method.
78-4 Sec. 2177.103 [2177.003]. PARTICIPATION BY STATE AGENCIES IN
78-5 ELECTRONIC COMMERCE NETWORK. (a) Each state agency shall send to
78-6 the commission for posting on the electronic commerce network
78-7 information on each procurement contract the commission, in
78-8 consultation with the department, determines is appropriate for
78-9 electronic procurement [the value of which will exceed the amount
78-10 of the agency's delegated purchasing authority under Section
78-11 2155.132]:
78-12 (1) without regard to the source of funds the agency
78-13 will use for the procurement; and
78-14 (2) including a procurement that is:
78-15 (A) a procurement by a state agency that is
78-16 otherwise exempt from the commission's purchasing authority;
78-17 (B) made under delegated purchasing authority
78-18 under Section 2155.131; or
78-19 (C) [related to a construction project; or]
78-20 [(D)] a procurement of professional or
78-21 consulting services.
78-22 (b) The commission and each state agency shall include in
78-23 the information placed on the electronic commerce network[, to the
78-24 extent it is feasible,] the following information for each
78-25 procurement that the commission will make or that another state
78-26 agency will make under Subsection (a):
78-27 (1) a description of the goods or services to be
79-1 procured;
79-2 (2) the estimated quantity of the goods or services to
79-3 be procured;
79-4 (3) if applicable, the previous price paid by the
79-5 commission or another state agency for the same or similar goods or
79-6 services;
79-7 (4) the estimated date on which the goods or services
79-8 to be procured will be needed; and
79-9 (5) the name, business mailing address, and business
79-10 telephone number of the commission employee or other state agency
79-11 employee a person can contact to obtain all necessary information
79-12 relating to making a bid or proposal or other applicable expression
79-13 of interest for the procurement contract.
79-14 (c) The commission shall also post on the electronic
79-15 commerce network other information relating to the business
79-16 activity of the state that the commission considers to be of
79-17 interest to the public. Each state agency shall provide the
79-18 commission with information the commission requires for purposes of
79-19 this subsection in a format prescribed by the commission.
79-20 (d) Each state agency that will award a contract that has
79-21 been placed on the electronic commerce network under Subsection (a)
79-22 shall place notification of the awarding of the contract on the
79-23 electronic commerce network.
79-24 SECTION 7.07. Section 2155.083(b), Government Code, is
79-25 repealed.
79-26 SECTION 7.08. On October 1, 2001:
79-27 (1) all functions and activities performed by the
80-1 Texas Department of Economic Development relating to the business
80-2 daily under Chapter 2155, Government Code, or other law immediately
80-3 before that date are transferred to the Texas Procurement
80-4 Commission;
80-5 (2) a rule or form adopted by the Texas Department of
80-6 Economic Development that relates to the business daily under
80-7 Chapter 2155, Government Code, or other law is a rule or form of
80-8 the commission and remains in effect until altered by the
80-9 commission;
80-10 (3) a reference in law to the Texas Department of
80-11 Economic Development that relates to the business daily under
80-12 Chapter 2155, Government Code, or other law means the commission;
80-13 (4) all rights and obligations of the Texas Department
80-14 of Economic Development related to the business daily under Chapter
80-15 2155, Government Code, or other law are transferred to the
80-16 commission; and
80-17 (5) all property, including records, in the custody of
80-18 the Texas Department of Economic Development related to the
80-19 business daily under Chapter 2155, Government Code, or other law is
80-20 transferred to the commission.
80-21 SECTION 7.09. The Department of Information Resources shall
80-22 have the online reservation and ticketing capability created under
80-23 Section 2171.0521, Government Code, as added by this Act, fully
80-24 operational by September 1, 2002.
80-25 ARTICLE 8. STATE CEMETERY
80-26 SECTION 8.01. Section 2165.256(a), Government Code, is
80-27 amended to read as follows:
81-1 (a) The State Cemetery Committee shall oversee all
81-2 operations of the State Cemetery. The committee shall develop a
81-3 budget for the operations of the commission relating to the State
81-4 Cemetery and determine the salary of employees of the Texas
81-5 building division of the State Preservation Board whose duties
81-6 primarily relate to the operation of the State Cemetery.
81-7 SECTION 8.02. Section 2165.2561, Government Code, is amended
81-8 by amending Subsections (a), (k), and (l) and adding Subsections
81-9 (n)-(u) to read as follows:
81-10 (a) The State Cemetery Committee is composed of:
81-11 (1) three voting members appointed as follows:
81-12 (A) one member of the general public appointed
81-13 by the governor;
81-14 (B) one member of the general public appointed
81-15 by the governor from a list submitted by the lieutenant governor;
81-16 and
81-17 (C) one member of the general public appointed
81-18 by the governor from a list submitted by the speaker of the house
81-19 of representatives; and
81-20 (2) three nonvoting advisory members appointed as
81-21 follows:
81-22 (A) one employee of the Texas Historical
81-23 Commission appointed by the executive director of the Texas
81-24 Historical Commission;
81-25 (B) one employee of the State Preservation Board
81-26 who performs duties related to the functions of the commission and
81-27 is [General Services Commission] appointed by the executive
82-1 director of the State Preservation Board [General Services
82-2 Commission]; and
82-3 (C) one employee of the Parks and Wildlife
82-4 Department appointed by the executive director of the Parks and
82-5 Wildlife Department.
82-6 (k) The legislature shall separately appropriate money to
82-7 the committee within the appropriations to the State Preservation
82-8 Board for all matters relating to the operation of the State
82-9 Cemetery. [At the direction of the committee, the General Services
82-10 Commission shall spend money appropriated to or budgeted by the
82-11 General Services Commission for State Cemetery purposes.]
82-12 Activities relating to maintenance of the State Cemetery grounds
82-13 and monuments shall conform to guidelines for historic preservation
82-14 submitted to the committee by the Texas Historical Commission.
82-15 (l) Funds appropriated to the State Preservation Board
82-16 [General Services Commission] may be transferred by interagency
82-17 contract for the performance of, at the direction of the committee,
82-18 an act related to the State Cemetery.
82-19 (n) It is a ground for removal from the committee that a
82-20 member:
82-21 (1) does not have at the time of taking office the
82-22 qualifications required by Subsection (a);
82-23 (2) does not maintain during service on the committee
82-24 the qualifications required by Subsection (a);
82-25 (3) is ineligible for membership under Subsection (g)
82-26 or (h);
82-27 (4) cannot, because of illness or disability,
83-1 discharge the member's duties for a substantial part of the
83-2 member's term; or
83-3 (5) is absent from more than half of the regularly
83-4 scheduled committee meetings that the member is eligible to attend
83-5 during a calendar year without an excuse approved by a majority
83-6 vote of the committee.
83-7 (o) The validity of an action of the committee is not
83-8 affected by the fact that it is taken when a ground for removal of
83-9 a committee member exists.
83-10 (p) If the executive director of the State Preservation
83-11 Board has knowledge that a potential ground for removal exists, the
83-12 executive director shall notify the presiding officer of the
83-13 committee of the potential ground. The presiding officer shall
83-14 then notify the governor and the attorney general that a potential
83-15 ground for removal exists. If the potential ground for removal
83-16 involves the presiding officer, the executive director shall notify
83-17 the next highest ranking officer of the committee, who shall then
83-18 notify the governor and the attorney general that a potential
83-19 ground for removal exists.
83-20 (q) The executive director of the State Preservation Board
83-21 or the executive director's designee shall provide to members of
83-22 the committee, as often as necessary, information regarding the
83-23 requirements for office under this chapter, including information
83-24 regarding a person's responsibilities under applicable laws
83-25 relating to standards of conduct for state officers.
83-26 (r) A person who is appointed to and qualifies for office as
83-27 a member of the committee may not vote, deliberate, or be counted
84-1 as a member in attendance at a meeting of the committee until the
84-2 person completes a training program that complies with this
84-3 subsection. The training program must provide the person with
84-4 information regarding:
84-5 (1) the legislation that created the State Cemetery
84-6 and the State Cemetery Committee;
84-7 (2) the programs operated by the committee;
84-8 (3) the role and functions of the committee;
84-9 (4) the rules of the committee, with an emphasis on
84-10 any rules that relate to disciplinary and investigatory authority;
84-11 (5) the current budget for the committee;
84-12 (6) the results of the most recent formal audit of
84-13 cemetery operations;
84-14 (7) the requirements of:
84-15 (A) the open meetings law, Chapter 551;
84-16 (B) the public information law, Chapter 552;
84-17 (C) the administrative procedure law, Chapter
84-18 2001; and
84-19 (D) other laws relating to public officials,
84-20 including conflict-of-interest laws; and
84-21 (8) any applicable ethics policies adopted by the
84-22 commission, the committee, or the Texas Ethics Commission.
84-23 (s) A person appointed to the committee is entitled to
84-24 reimbursement, as provided by Chapter 660 and the General
84-25 Appropriations Act, for the travel expenses incurred in attending
84-26 the training program regardless of whether the attendance at the
84-27 program occurs before or after the person qualifies for office.
85-1 (t) The committee shall develop and implement policies that
85-2 clearly separate the policymaking responsibilities of the committee
85-3 and the management responsibilities of the executive director of
85-4 the State Preservation Board and staff of the cemetery.
85-5 (u) The committee shall develop and implement policies that
85-6 provide the public with a reasonable opportunity to appear before
85-7 the committee and to speak on any issue under the jurisdiction of
85-8 the committee.
85-9 SECTION 8.03. (a) The changes in law made by this Act in the
85-10 prohibitions and qualifications applying to members of the State
85-11 Cemetery Committee do not affect the entitlement of a member
85-12 serving on the committee immediately before September 1, 2001, to
85-13 continue to serve and function as a member of the committee for the
85-14 remainder of the member's term. The changes in law apply only to a
85-15 member appointed on or after September 1, 2001. This Act does not
85-16 prohibit a person who is a member of the State Cemetery Committee
85-17 immediately before September 1, 2001, from being reappointed as a
85-18 committee member if the person has the qualifications required for
85-19 the position under Chapter 2165, Government Code, as amended by
85-20 this Act.
85-21 (b) Section 2165.2561(r), Government Code, as added by this
85-22 Act, does not apply to a member of the State Cemetery Committee
85-23 until March 1, 2002.
85-24 SECTION 8.04. The changes in law made by this Act to Section
85-25 2165.2561(k), Government Code, apply beginning with the fiscal year
85-26 beginning on September 1, 2003.
86-1 ARTICLE 9. CONTRACTING METHODS FOR CONSTRUCTION
86-2 OF STATE FACILITIES
86-3 SECTION 9.01. Subchapter F, Chapter 2166, Government Code, is
86-4 amended by adding Section 2166.2511 to read as follows:
86-5 Sec. 2166.2511. DEFINITIONS. In this subchapter:
86-6 (1) "Architect" means an individual registered as an
86-7 architect under Chapter 478, Acts of the 45th Legislature, Regular
86-8 Session, 1937 (Article 249a, Vernon's Texas Civil Statutes).
86-9 (2) "Contractor" in the context of a contract for a
86-10 project means a sole proprietorship, partnership, corporation, or
86-11 other legal entity that assumes the risk for constructing,
86-12 rehabilitating, altering, or repairing all or part of the project
86-13 at the contracted price.
86-14 (3) "Engineer" means an individual registered as a
86-15 professional engineer under The Texas Engineering Practice Act
86-16 (Article 3271a, Vernon's Texas Civil Statutes).
86-17 (4) "Facility" means buildings or structures the
86-18 design and construction of which is governed by accepted building
86-19 codes. The term does not include:
86-20 (A) highways, roads, streets, bridges,
86-21 utilities, water supply projects, water plants, wastewater plants,
86-22 water and wastewater distribution or conveyance facilities,
86-23 wharves, docks, airport runways and taxiways, drainage projects, or
86-24 related types of projects associated with civil engineering
86-25 construction; or
86-26 (B) buildings or structures that are incidental
86-27 to projects that are primarily civil engineering construction
87-1 projects.
87-2 (5) "Fee" in the context of a contract for a project
87-3 means the payment a construction manager receives for its overhead
87-4 and profit in performing its services.
87-5 (6) "General conditions" in the context of a contract
87-6 for a project means on-site management, administrative personnel,
87-7 insurance, bonds, equipment, utilities, and incidental work,
87-8 including minor field labor and materials.
87-9 SECTION 9.02. Subchapter F, Chapter 2166, Government Code,
87-10 is amended by adding Section 2166.2525 to read as follows:
87-11 Sec. 2166.2525. DETERMINATION OF CONTRACTING METHOD. The
87-12 commission shall adopt rules that determine the circumstances for
87-13 use of each method of contracting allowed under this subchapter for
87-14 design and construction services. In developing the rules, the
87-15 commission shall solicit advice and comment from design and
87-16 construction professionals regarding the criteria the commission
87-17 will use in determining which contracting method is best suited for
87-18 a project.
87-19 SECTION 9.03. Subchapter F, Chapter 2166, Government Code,
87-20 is amended by adding Section 2166.2526 to read as follows:
87-21 Sec. 2166.2526. EVALUATION OF BIDS AND PROPOSALS FOR
87-22 CONSTRUCTION SERVICES. (a) For each project, the commission must,
87-23 before advertising, establish which method of contracting provides
87-24 the best value for the commission or using agency.
87-25 (b) Under each method of contracting, the commission shall
87-26 base its selection among the offerors on criteria established by
87-27 the commission. The commission shall publish in the request for
88-1 bids, proposals, or qualifications all of the criteria that will be
88-2 used to evaluate the offerors.
88-3 (c) The commission shall document the basis of its selection
88-4 of an offeror and shall make the evaluations public not later than
88-5 the seventh day after the date the contract is awarded.
88-6 SECTION 9.04. Section 2166.253, Government Code, is amended
88-7 to read as follows:
88-8 Sec. 2166.253. LOWEST AND BEST BID METHOD [BIDDING
88-9 PROCEDURES]. (a) The commission may use the lowest and best bid
88-10 method for a project. In using that method, the commission shall
88-11 follow the procedures provided by Subsections (b)-(g).
88-12 (b) After final approval of a project's working plans and
88-13 specifications and their acceptance by a using agency, the
88-14 commission shall advertise in one newspaper of general circulation
88-15 and the Texas Register for bids or proposals for the construction
88-16 of and related work on the project.
88-17 (c) [(b)] Except as provided by Subsection (d) [(c)], the
88-18 commission shall allow bidders not less than 30 days after the date
88-19 the commission issues the bid documents to respond to an invitation
88-20 to bid.
88-21 (d) [(c)] The commission shall allow bidders for small
88-22 construction projects not less than 14 days after the date the
88-23 commission issues the bid documents to respond to an invitation to
88-24 bid.
88-25 (e) [(d)] The commission may shorten the time for response
88-26 to prevent undue additional costs to a state agency or, for
88-27 emergency projects, to prevent or remove a hazard to life or
89-1 property.
89-2 (f) A contract shall be awarded to the qualified bidder
89-3 making the lowest and best bid in accordance with the law on
89-4 awarding a state contract.
89-5 (g) The commission may reject all bids.
89-6 SECTION 9.05. Subchapter F, Chapter 2166, Government Code,
89-7 is amended by adding Section 2166.2531 to read as follows:
89-8 Sec. 2166.2531. DESIGN-BUILD METHOD. (a) In this section:
89-9 (1) "Design-build contract" means a single contract
89-10 with a design-build firm for the design and construction of a
89-11 facility.
89-12 (2) "Design-build firm" means a partnership,
89-13 corporation, or other legal entity or team that includes an
89-14 engineer or architect and a builder qualified to engage in building
89-15 construction in this state.
89-16 (3) "Design criteria package" means a set of documents
89-17 that provides sufficient information to permit a design-build firm
89-18 to prepare a response to the commission's request for
89-19 qualifications and any additional information requested, including
89-20 criteria for selection. The design criteria package must specify
89-21 criteria the commission considers necessary to describe the project
89-22 and may include, as appropriate, the legal description of the site,
89-23 survey information concerning the site, interior space
89-24 requirements, special material requirements, material quality
89-25 standards, conceptual criteria for the project, special equipment
89-26 requirements, cost or budget estimates, time schedules, quality
89-27 assurance and quality control requirements, site development
90-1 requirements, applicable codes and ordinances, provisions for
90-2 utilities, parking requirements, or any other requirement, as
90-3 applicable.
90-4 (b) The commission may use the design-build method for a
90-5 project. In using that method and in entering into a contract for
90-6 the services of a design-build firm, the commission and the
90-7 design-build firm shall follow the procedures provided by
90-8 Subsections (c)-(k).
90-9 (c) The commission shall designate an engineer or architect
90-10 to act as its representative. If the commission's engineer or
90-11 architect is not a full-time employee of the commission, any
90-12 engineer or architect designated shall be selected on the basis of
90-13 demonstrated competence and qualifications in accordance with
90-14 Subchapter A, Chapter 2254.
90-15 (d) The commission shall prepare a request for
90-16 qualifications that includes general information on the project
90-17 site, project scope, budget, special systems, selection criteria,
90-18 and other information that may assist potential design-build firms
90-19 in submitting proposals for the project. The commission shall also
90-20 prepare a design criteria package that includes more detailed
90-21 information on the project. If the preparation of the design
90-22 criteria package requires engineering or architectural services
90-23 that constitute the practice of engineering within the meaning of
90-24 The Texas Engineering Practice Act (Article 3271a, Vernon's Texas
90-25 Civil Statutes) or the practice of architecture within the meaning
90-26 of Chapter 478, Acts of the 45th Legislature, Regular Session, 1937
90-27 (Article 249a, Vernon's Texas Civil Statutes), those services shall
91-1 be provided in accordance with the applicable law.
91-2 (e) The commission or its representative shall publish the
91-3 request for qualifications in a manner prescribed by the
91-4 commission.
91-5 (f)(1) The commission or its representative shall evaluate
91-6 statements of qualifications and select a design-build firm in two
91-7 phases.
91-8 (2) In phase one, the commission or its representative
91-9 shall prepare a request for qualifications and evaluate each
91-10 offeror's experience, technical competence, and capability to
91-11 perform, the past performance of the offeror's team and members of
91-12 the team, and other appropriate factors submitted by the team or
91-13 firm in response to the request for qualifications, except that
91-14 cost-related or price-related evaluation factors are not permitted.
91-15 Each offeror must certify to the commission that each engineer or
91-16 architect that is a member of its team was selected based on
91-17 demonstrated competence and qualifications. The commission or its
91-18 representative shall qualify a maximum of five offerors to submit
91-19 additional information and, if the commission or its representative
91-20 chooses, to interview for final selection.
91-21 (3) In phase two, the commission or its representative
91-22 shall evaluate the information submitted by the offerors on the
91-23 basis of the selection criteria stated in the request for
91-24 qualifications and the results of any interview. The commission or
91-25 its representative may request additional information regarding
91-26 demonstrated competence and qualifications, considerations of the
91-27 safety and long-term durability of the project, the feasibility of
92-1 implementing the project as proposed, the ability of the offeror to
92-2 meet schedules, costing methodology, or other factors as
92-3 appropriate. The commission or its representative may not require
92-4 offerors to submit detailed engineering or architectural designs as
92-5 part of the proposal. The commission or its representative shall
92-6 rank each proposal submitted on the basis of the criteria specified
92-7 in the request for qualifications. The commission or its
92-8 representative shall select the design-build firm that submits the
92-9 proposal offering the best value for the commission or using agency
92-10 on the basis of the published selection criteria and on its ranking
92-11 evaluations. The commission or its representative shall first
92-12 attempt to negotiate a contract with the selected offeror. If the
92-13 commission or its representative is unable to negotiate a
92-14 satisfactory contract with the selected offeror, the commission
92-15 shall, formally and in writing, end all negotiations with that
92-16 offeror and proceed to negotiate with the next offeror in the order
92-17 of the selection ranking until a contract is reached or
92-18 negotiations with all ranked offerors end.
92-19 (g) Following selection of a design-build firm under
92-20 Subsection (f), that firm's engineers or architects shall complete
92-21 the design, submitting all design elements for review and
92-22 determination of scope compliance by the commission's engineer or
92-23 architect before or concurrently with the beginning of
92-24 construction.
92-25 (h) An engineer shall have responsibility for compliance
92-26 with the engineering design requirements and all other applicable
92-27 requirements of The Texas Engineering Practice Act (Article 3271a,
93-1 Vernon's Texas Civil Statutes). An architect shall have
93-2 responsibility for compliance with the requirements of Chapter 478,
93-3 Acts of the 45th Legislature, Regular Session, 1937 (Article 249a,
93-4 Vernon's Texas Civil Statutes).
93-5 (i) The commission shall provide or contract for,
93-6 independently of the design-build firm, the inspection services,
93-7 the testing of construction materials engineering, and the
93-8 verification testing services necessary for acceptance of the
93-9 facility by the commission. The commission shall select those
93-10 services for which it contracts in accordance with Section
93-11 2254.004.
93-12 (j) The design-build firm shall supply a signed and sealed
93-13 set of construction documents for the project to the commission at
93-14 the conclusion of construction.
93-15 (k) A payment or performance bond is not required for, and
93-16 may not provide coverage for, the portion of a design-build
93-17 contract under this section that includes design services only. If
93-18 a fixed contract amount or guaranteed maximum price has not been
93-19 determined at the time a design-build contract is awarded, the
93-20 penal sums of the performance and payment bonds delivered to the
93-21 commission shall each be in an amount equal to the project budget,
93-22 as specified in the design criteria package. The design-build firm
93-23 shall deliver the bonds not later than the 10th day after the date
93-24 the design-build firm executes the contract unless the design-build
93-25 firm furnishes a bid bond or other financial security acceptable to
93-26 the commission to ensure that the design-build firm will furnish
93-27 the required performance and payment bonds when a guaranteed
94-1 maximum price is established.
94-2 SECTION 9.06. Subchapter F, Chapter 2166, Government Code,
94-3 is amended by adding Section 2166.2532 to read as follows:
94-4 Sec. 2166.2532. CONSTRUCTION MANAGER-AT-RISK METHOD.
94-5 (a) The commission may use the construction manager-at-risk method
94-6 for a project. In using that method and in entering into a
94-7 contract for the services of a construction manager-at-risk, the
94-8 commission shall follow the procedures prescribed by this section.
94-9 (b) A construction manager-at-risk is a sole proprietorship,
94-10 partnership, corporation, or other legal entity that assumes the
94-11 risk for construction, rehabilitation, alteration, or repair of a
94-12 facility at the contracted price as a general contractor and
94-13 provides consultation to the commission regarding construction
94-14 during and after the design of the facility.
94-15 (c) Before or concurrently with selecting a construction
94-16 manager-at-risk, the commission shall select or designate an
94-17 engineer or architect who shall prepare the construction documents
94-18 for the project and who has full responsibility for complying with
94-19 The Texas Engineering Practice Act (Article 3271a, Vernon's Texas
94-20 Civil Statutes) or Chapter 478, Acts of the 45th Legislature,
94-21 Regular Session, 1937 (Article 249a, Vernon's Texas Civil
94-22 Statutes), as applicable. If the engineer or architect is not a
94-23 full-time employee of the commission, the commission shall select
94-24 the engineer or architect on the basis of demonstrated competence
94-25 and qualifications as provided by Section 2254.004. The
94-26 commission's engineer or architect for a project may not serve,
94-27 alone or in combination with another, as the construction
95-1 manager-at-risk.
95-2 (d) The commission shall provide or contract for,
95-3 independently of the construction manager-at-risk, the inspection
95-4 services, the testing of construction materials engineering, and
95-5 the verification testing services necessary for acceptance of the
95-6 facility by the commission. The commission shall select those
95-7 services for which it contracts in accordance with Section
95-8 2254.004.
95-9 (e) The commission shall select the construction
95-10 manager-at-risk in either a one-step or two-step process. The
95-11 commission shall prepare a request for proposals, in the case of a
95-12 one-step process, or a request for qualifications, in the case of a
95-13 two-step process, that includes general information on the project
95-14 site, project scope, schedule, selection criteria, estimated
95-15 budget, and the time and place for receipt of proposals or
95-16 qualifications, as applicable; a statement as to whether the
95-17 selection process is a one-step or two-step process; and other
95-18 information that may assist the commission in its selection of a
95-19 construction manager-at-risk. The commission shall state the
95-20 selection criteria in the request for proposals or qualifications,
95-21 as applicable. The selection criteria may include the offeror's
95-22 experience, past performance, safety record, proposed personnel and
95-23 methodology, and other appropriate factors that demonstrate the
95-24 capability of the construction manager-at-risk. If a one-step
95-25 process is used, the commission may request, as part of the
95-26 offeror's proposal, proposed fees and prices for fulfilling the
95-27 general conditions. If a two-step process is used, the commission
96-1 may not request fees or prices in step one. In step two, the
96-2 commission may request that five or fewer offerors, selected solely
96-3 on the basis of qualifications, provide additional information,
96-4 including the construction manager-at-risk's proposed fee and its
96-5 price for fulfilling the general conditions.
96-6 (f) The commission shall publish the request for
96-7 qualifications in a manner prescribed by the commission.
96-8 (g) At each step, the commission shall receive, publicly
96-9 open, and read aloud the names of the offerors. At the appropriate
96-10 step, the commission shall also read aloud the fees and prices, if
96-11 any, stated in each proposal as the proposal is opened. Within 45
96-12 days after the date of opening the proposals, the commission or its
96-13 representative shall evaluate and rank each proposal submitted in
96-14 relation to the criteria set forth in the request for proposals.
96-15 (h) The commission or its representative shall select the
96-16 offeror that submits the proposal that offers the best value for
96-17 the commission or using agency based on the published selection
96-18 criteria and on its ranking evaluation. The commission or its
96-19 representative shall first attempt to negotiate a contract with the
96-20 selected offeror. If the commission or its representative is
96-21 unable to negotiate a satisfactory contract with the selected
96-22 offeror, the commission or its representative shall, formally and
96-23 in writing, end negotiations with that offeror and proceed to
96-24 negotiate with the next offeror in the order of the selection
96-25 ranking until a contract is reached or negotiations with all ranked
96-26 offerors end.
96-27 (i) A construction manager-at-risk shall publicly advertise,
97-1 in the manner prescribed by the commission, and receive bids or
97-2 proposals from trade contractors or subcontractors for the
97-3 performance of all major elements of the work other than the minor
97-4 work that may be included in the general conditions. A
97-5 construction manager-at-risk may seek to perform portions of the
97-6 work itself if the construction manager-at-risk submits its bid or
97-7 proposal for those portions of the work in the same manner as all
97-8 other trade contractors or subcontractors and if the commission
97-9 determines that the construction manager-at-risk's bid or proposal
97-10 provides the best value for the commission or using agency.
97-11 (j) The construction manager-at-risk and the commission or
97-12 its representative shall review all trade contractor or
97-13 subcontractor bids or proposals in a manner that does not disclose
97-14 the contents of the bid or proposal during the selection process to
97-15 a person not employed by the construction manager-at-risk,
97-16 engineer, architect, or commission. All bids or proposals shall be
97-17 made public after the award of the contract or within seven days
97-18 after the date of final selection of bids and proposals, whichever
97-19 is later.
97-20 (k) If the construction manager-at-risk reviews, evaluates,
97-21 and recommends to the commission a bid or proposal from a trade
97-22 contractor or subcontractor but the commission requires another bid
97-23 or proposal to be accepted, the commission shall compensate the
97-24 construction manager-at-risk by a change in price, time, or
97-25 guaranteed maximum cost for any additional cost and risk that the
97-26 construction manager-at-risk may incur because of the commission's
97-27 requirement that another bid or proposal be accepted.
98-1 (l) If a selected trade contractor or subcontractor defaults
98-2 in the performance of its work or fails to execute a subcontract
98-3 after being selected in accordance with this section, the
98-4 construction manager-at-risk may, without advertising, itself
98-5 fulfill the contract requirements or select a replacement trade
98-6 contractor or subcontractor to fulfill the contract requirements.
98-7 (m) If a fixed contract amount or guaranteed maximum price
98-8 has not been determined at the time the contract is awarded, the
98-9 penal sums of the performance and payment bonds delivered to the
98-10 commission must each be in an amount equal to the project budget,
98-11 as set forth in the request for qualifications. The construction
98-12 manager-at-risk shall deliver the bonds not later than the 10th day
98-13 after the date the construction manager-at-risk executes the
98-14 contract unless the construction manager-at-risk furnishes a bid
98-15 bond or other financial security acceptable to the commission to
98-16 ensure that the construction manager-at-risk will furnish the
98-17 required performance and payment bonds when a guaranteed maximum
98-18 price is established.
98-19 SECTION 9.07. Subchapter F, Chapter 2166, Government Code,
98-20 is amended by adding Section 2166.2533 to read as follows:
98-21 Sec. 2166.2533. COMPETITIVE SEALED PROPOSAL METHOD.
98-22 (a) The commission may select a contractor for a project using the
98-23 competitive sealed proposal method prescribed by this section.
98-24 (b) The commission shall select or designate an engineer or
98-25 architect to prepare construction documents for the project. The
98-26 selected or designated engineer or architect has full
98-27 responsibility for complying with The Texas Engineering Practice
99-1 Act (Article 3271a, Vernon's Texas Civil Statutes) or Chapter 478,
99-2 Acts of the 45th Legislature, Regular Session, 1937 (Article 249a,
99-3 Vernon's Texas Civil Statutes), as applicable. If the engineer or
99-4 architect is not a full-time employee of the commission, the
99-5 commission shall select the engineer or architect on the basis of
99-6 demonstrated competence and qualifications as provided by Section
99-7 2254.004.
99-8 (c) The commission shall provide or contract for,
99-9 independently of the contractor, the inspection services, the
99-10 testing of construction materials engineering, and the verification
99-11 testing services necessary for acceptance of the facility by the
99-12 commission. The commission shall select those services for which
99-13 it contracts in accordance with Section 2254.004 and shall identify
99-14 them in the request for proposals.
99-15 (d) The commission shall prepare a request for competitive
99-16 sealed proposals that includes construction documents, selection
99-17 criteria, estimated budget, project scope, schedule, and other
99-18 information that contractors may require to respond to the request.
99-19 The commission shall state in the request for proposals all of the
99-20 selection criteria that will be used in selecting the successful
99-21 offeror.
99-22 (e) The commission shall publish notice of the request for
99-23 proposals in a manner prescribed by the commission.
99-24 (f) The commission shall receive, publicly open, and read
99-25 aloud the names of the offerors and, if any are required to be
99-26 stated, all prices stated in each proposal. Within 45 days after
99-27 the date of opening the proposals, the commission shall evaluate
100-1 and rank each proposal submitted in relation to the published
100-2 selection criteria.
100-3 (g) The commission shall select the offeror that offers the
100-4 best value for the commission or using agency based on the
100-5 published selection criteria and on its ranking evaluation. The
100-6 commission shall first attempt to negotiate a contract with the
100-7 selected offeror. The commission and its engineer or architect may
100-8 discuss with the selected offeror options for a scope or time
100-9 modification and any price change associated with the modification.
100-10 If the commission is unable to reach a contract with the selected
100-11 offeror, the commission shall, formally and in writing, end
100-12 negotiations with that offeror and proceed to the next offeror in
100-13 the order of the selection ranking until a contract is reached or
100-14 all proposals are rejected.
100-15 (h) In determining the best value for the commission or
100-16 using agency, the commission is not restricted to considering price
100-17 alone but may consider any other factor stated in the selection
100-18 criteria.
100-19 SECTION 9.08. Section 2166.255, Government Code, is amended
100-20 to read as follows:
100-21 Sec. 2166.255. AMOUNT [AWARD] OF CONTRACT. [(a) A contract
100-22 shall be awarded to the qualified bidder making the lowest and best
100-23 bid in accordance with the law on awarding a state contract.]
100-24 [(b) The commission may reject all bids.]
100-25 [(c)] A contract may not be awarded for an amount greater
100-26 than the amount that the comptroller certifies to be available for
100-27 the project.
101-1 SECTION 9.09. (a) The changes in law made by this Act to
101-2 the General Services Commission's contract procedures apply only to
101-3 a construction project for which the General Services Commission or
101-4 the Texas Building Commission first advertises or otherwise
101-5 solicits bids, proposals, offers, or qualifications, as applicable,
101-6 on or after September 1, 2001.
101-7 (b) A construction project for which the General Services
101-8 Commission first advertised or otherwise solicited bids, proposals,
101-9 offers, or qualifications, as applicable, before September 1, 2001,
101-10 is governed by the law as it existed immediately before the
101-11 effective date of this Act, and that law is continued in effect for
101-12 that purpose.
101-13 ARTICLE 10. LEASING OF STATE OFFICE SPACE
101-14 SECTION 10.01. Subchapter A, Chapter 2167, Government Code,
101-15 is amended by adding Section 2167.0021 to read as follows:
101-16 Sec. 2167.0021. BEST VALUE STANDARD FOR LEASE OF SPACE. (a)
101-17 The commission shall lease space for the use of a state agency on
101-18 the basis of obtaining the best value for the state.
101-19 (b) The commission shall adopt rules establishing guidelines
101-20 for the determination of best value in a lease contract. In
101-21 determining the best value, the commission may consider:
101-22 (1) the cost of the lease contract;
101-23 (2) the condition and location of lease space;
101-24 (3) utility costs;
101-25 (4) access to public transportation;
101-26 (5) parking availability;
101-27 (6) security;
102-1 (7) telephone service availability;
102-2 (8) indicators of probable lessor performance under
102-3 the contract, such as the lessor's financial resources and the
102-4 lessor's experience;
102-5 (9) compliance with the architectural barriers law,
102-6 Article 9102, Revised Statutes; and
102-7 (10) other relevant factors.
102-8 (c) This section does not prohibit the commission from
102-9 leasing space from the offeror that offers the space at the lowest
102-10 cost if the commission determines that doing so obtains the best
102-11 value for the state.
102-12 SECTION 10.02. Section 2167.003, Government Code, is amended
102-13 to read as follows:
102-14 Sec. 2167.003. FIRST CONSIDERATION TO HISTORIC STRUCTURE.
102-15 (a) In leasing space for the use of a state agency, the commission
102-16 or the private brokerage or real estate firm assisting the
102-17 commission shall give first consideration to a building that is
102-18 designated as a historic structure under Section 442.001 or to a
102-19 building that has been designated a landmark by a local governing
102-20 authority, if:
102-21 (1) the building meets requirements and
102-22 specifications; and
102-23 (2) the cost is not substantially higher than the cost
102-24 for other available buildings that meet requirements and
102-25 specifications.
102-26 (b) When it considers leasing space for a state agency, the
102-27 commission or the private brokerage or real estate firm assisting
103-1 the commission shall notify each individual and organization that
103-2 is:
103-3 (1) on a list furnished to the commission by the Texas
103-4 Historical Commission under Section 442.005; and
103-5 (2) in the county in which the commission is
103-6 considering leasing space.
103-7 (c) At the end of a biennium, the commission shall report to
103-8 the legislature the commission's reasons for rejecting during the
103-9 biennium the lease of any historic structure that was offered as
103-10 [in a bid to] lease space to the state.
103-11 SECTION 10.03. Section 2167.005, Government Code, is amended
103-12 to read as follows:
103-13 Sec. 2167.005. DELEGATION OF AUTHORITY TO STATE AGENCIES
103-14 [INSTITUTIONS OF HIGHER EDUCATION]. (a) The commission may
103-15 delegate to a state agency, including an institution of higher
103-16 education, the authority to enter into lease contracts for space
103-17 [for which payments are not made from money appropriated from the
103-18 general revenue fund].
103-19 (b) Any reports on the lease contracts made [by an
103-20 institution of higher education] under this delegated authority
103-21 shall be required annually.
103-22 SECTION 10.04. Section 2167.006(b), Government Code, is
103-23 amended to read as follows:
103-24 (b) A state agency, including an [An] institution of higher
103-25 education, may not enter a lease contract under Section 2167.005
103-26 unless the agency [institution] complies with the architectural
103-27 barriers law, Article 9102, Revised Statutes.
104-1 SECTION 10.05. Section 2167.052, Government Code, is amended
104-2 by amending Subsection (a) and adding Subsection (c) to read as
104-3 follows:
104-4 (a) Space may be leased from a private source through:
104-5 (1) competitive bidding; [or]
104-6 (2) competitive sealed proposals under Section
104-7 2167.054; or
104-8 (3) direct negotiation.
104-9 (c) The commission shall use the method for leasing space
104-10 that provides the best value for the state.
104-11 SECTION 10.06. Sections 2167.053(a) and (c), Government
104-12 Code, are amended to read as follows:
104-13 (a) When space is leased through competitive bidding, the
104-14 commission shall determine the [lowest and best] bid that provides
104-15 the best value for the state after considering moving costs, the
104-16 cost of time lost in moving, the cost of telecommunications
104-17 services, and other relevant factors.
104-18 (c) If, after review of the bids and evaluation of all
104-19 relevant factors, the leasing state agency's opinion is that the
104-20 bid selected by the commission is not the [lowest and best] bid
104-21 that provides the best value for the state, it may file with the
104-22 commission a written recommendation that the award be made to a
104-23 bidder other than the commission's recommended bidder. The leasing
104-24 state agency's recommendation must contain the agency's
104-25 justification for its recommendation and a complete explanation of
104-26 all factors it considered.
104-27 SECTION 10.07. Sections 2167.054(a), (g), and (i),
105-1 Government Code, are amended to read as follows:
105-2 (a) The commission may lease space using competitive sealed
105-3 proposals [if the commission first determines that competitive
105-4 bidding is not practical or is disadvantageous to the state].
105-5 (g) The commission shall make a written award of a lease to
105-6 the offeror whose proposal provides the best value for [is the most
105-7 advantageous to] the state, considering price and the evaluation
105-8 factors in the request for proposals. [The commission may not use
105-9 other factors or criteria in its evaluation.] The commission shall
105-10 state in writing in the contract file the reasons for which an
105-11 award is made.
105-12 (i) If the competitive sealed proposal procedure for leasing
105-13 space is used by a state agency [an institution of higher
105-14 education] that has been delegated leasing authority under Section
105-15 2167.005, the agency [institution:]
105-16 [(1) must first determine that competitive bidding is
105-17 not practical or is disadvantageous to the state; and]
105-18 [(2)] shall follow the procedures outlined by this
105-19 section and any rules adopted by the commission.
105-20 SECTION 10.08. Subchapter B, Chapter 2167, Government Code,
105-21 is amended by adding Section 2167.0541 to read as follows:
105-22 Sec. 2167.0541. USE OF PRIVATE FIRMS TO OBTAIN SPACE. (a)
105-23 The commission may contract with one or more private brokerage or
105-24 real estate firms to assist the commission in obtaining lease space
105-25 for state agencies on behalf of the commission under this chapter.
105-26 (b) A private brokerage or real estate firm with which the
105-27 commission contracts under Subsection (a) may assist the commission
106-1 in leasing facilities under this chapter.
106-2 SECTION 10.09. Section 2167.055(b), Government Code, is
106-3 amended to read as follows:
106-4 (b) A [The] lease contract entered into under Section
106-5 2167.053 or 2167.054 must reflect the provisions contained in the
106-6 invitation for bids or request for proposals, the successful bid or
106-7 proposal, and the award of the contract.
106-8 SECTION 10.10. Subchapter C, Chapter 2167, Government Code,
106-9 is amended by adding Sections 2167.105, 2167.106, and 2167.107 to
106-10 read as follows:
106-11 Sec. 2167.105. REPORT ON NONCOMPLIANCE. If the commission
106-12 determines that a state agency has not complied with the
106-13 commission's rules or with other state law related to leasing
106-14 requirements, the commission shall report the noncompliance to the
106-15 members of the state agency's governing body and to the governor,
106-16 lieutenant governor, and speaker of the house of representatives.
106-17 The commission shall include in its report an estimate of the
106-18 fiscal impact resulting from the noncompliance.
106-19 Sec. 2167.106. ANNUAL REPORT. The staff of the commission
106-20 shall annually submit a report to the commission regarding
106-21 opportunities for delegating leasing authority to state agencies
106-22 with statewide operations. The report must include comments from
106-23 state agencies with statewide operations.
106-24 Sec. 2167.107. WAREHOUSE SPACE USE STUDY. (a) The
106-25 commission shall evaluate the operation of the first four
106-26 state-leased warehouses in Austin for which the leases expire after
106-27 October 1, 2001. The commission shall work with the state agency
107-1 that operates the warehouse to reduce inefficient warehouse space
107-2 use and adopt practices that can reduce the agency's need for
107-3 warehouse space and eliminate warehouse leases.
107-4 (b) The commission and the state agency shall:
107-5 (1) identify excess inventory;
107-6 (2) determine the most appropriate ways to eliminate
107-7 excess inventory; and
107-8 (3) determine the extent to which the state agency
107-9 uses the following management principles in operating the
107-10 warehouse:
107-11 (A) automated order processing;
107-12 (B) training customers how to use the supply
107-13 system;
107-14 (C) changing relationships with suppliers to
107-15 reduce inventory maintained by the state agency;
107-16 (D) establishing supplier support agreements to
107-17 reduce the time for delivery from a supplier;
107-18 (E) training supply staff to use information to
107-19 manage supplies; and
107-20 (F) reducing administrative cycle times through
107-21 automation.
107-22 (c) The commission shall assist the state agency operating
107-23 the warehouse in developing a plan to reduce the need for warehouse
107-24 space by reducing inventory, selling surplus property, and
107-25 efficiently managing warehouse operations. Each agency shall
107-26 include the plan as part of its strategic plan submitted under
107-27 Chapter 2056 during calendar year 2002.
108-1 (d) This section expires September 1, 2003.
108-2 SECTION 10.11. A lease contract entered into by the General
108-3 Services Commission before September 1, 2001, under Chapter 2167,
108-4 Government Code, is governed during the remaining term of the lease
108-5 by Chapter 2167, Government Code, as it existed immediately before
108-6 September 1, 2001, and the prior law is continued in effect for
108-7 this purpose. Chapter 2167, Government Code, as amended by this
108-8 Act, applies to the renewal of a lease described by this section.
108-9 ARTICLE 11. SURPLUS PROPERTY
108-10 SECTION 11.01. Section 2175.065, Government Code, is amended
108-11 to read as follows:
108-12 Sec. 2175.065. DELEGATION OF AUTHORITY TO STATE AGENCY.
108-13 (a) The commission may authorize a state agency to dispose of
108-14 surplus or salvage property if the agency demonstrates to the
108-15 commission its ability to dispose of the property under Subchapters
108-16 C and E in a manner that results in cost savings to the state,
108-17 under commission rules adopted under this chapter.
108-18 (b) The commission shall establish by rule the criteria for
108-19 determining that a delegation of authority to a state agency
108-20 results in cost savings to the state.
108-21 SECTION 11.02. Subchapters C and D, Chapter 2175, Government
108-22 Code, are amended to read as follows:
108-23 SUBCHAPTER C. DIRECT TRANSFER OR OTHER DISPOSITION OF
108-24 SURPLUS OR SALVAGE PROPERTY BY STATE AGENCY
108-25 Sec. 2175.121. APPLICABILITY. This subchapter applies only
108-26 to surplus or salvage property to which Subchapter D does not
108-27 apply.
109-1 Sec. 2175.122. STATE AGENCY NOTICE TO COMMISSION. A state
109-2 agency that determines it has surplus or salvage property shall
109-3 inform the commission of the property's kind, number, location,
109-4 condition, original cost or value, and date of acquisition.
109-5 Sec. 2175.123. DETERMINING METHOD OF DISPOSAL. (a) Based
109-6 on the condition of the property, a state agency shall determine
109-7 whether the property is:
109-8 (1) surplus property that should be offered for
109-9 transfer under Section 2175.125 or sold to the public; or
109-10 (2) salvage property.
109-11 (b) The state agency shall inform the commission and the
109-12 comptroller of its determination.
109-13 Sec. 2175.124 [2175.122]. COMMISSION NOTICE TO OTHER
109-14 ENTITIES. After a determination that [On receiving notice from] a
109-15 state agency [that the agency] has surplus [or salvage] property,
109-16 the commission shall inform other state agencies, political
109-17 subdivisions, and assistance organizations of the comptroller's
109-18 website that lists surplus property that is available for sale [the
109-19 property's kind, number, location, and condition].
109-20 Sec. 2175.1245. ADVERTISING ON COMPTROLLER WEBSITE. Not
109-21 later than the second day after the date the comptroller receives
109-22 notice from a state agency that the agency has surplus property,
109-23 the comptroller shall advertise the property's kind, number,
109-24 location, and condition on the comptroller's website.
109-25 Sec. 2175.125 [2175.123]. DIRECT TRANSFER. During the 10
109-26 business [30] days after the date the property is posted on the
109-27 comptroller's website [following dissemination of information under
110-1 Section 2175.122], a state agency, political subdivision, or
110-2 assistance organization may coordinate directly with the reporting
110-3 state agency for a transfer of the property at a price established
110-4 by the reporting agency.
110-5 Sec. 2175.126 [2175.124]. NOTICE OF TRANSFER TO COMPTROLLER;
110-6 ADJUSTMENT OF APPROPRIATIONS AND PROPERTY ACCOUNTING RECORDS;
110-7 REMOVAL FROM WEBSITE. (a) If property is transferred to a state
110-8 agency, the participating agencies shall report the transaction to
110-9 the comptroller.
110-10 (b) On receiving notice under this section, the comptroller
110-11 shall, if necessary:
110-12 (1) debit and credit the proper appropriations; and
110-13 (2) adjust state property accounting records.
110-14 (c) Not later than the second day after the date the
110-15 comptroller receives notice under Subsection (a), the comptroller
110-16 shall remove the property from the list of surplus property for
110-17 sale on the comptroller's website.
110-18 Sec. 2175.127 [2175.125]. PRIORITY FOR TRANSFER TO STATE
110-19 AGENCY. During the 10 business [30] days after the date the
110-20 property is posted on the comptroller's website [of notice under
110-21 Section 2175.122], a transfer to a state agency has priority over
110-22 any other transfer under rules adopted by the commission.
110-23 Sec. 2175.128 [2175.126]. DISPOSITION OF DATA PROCESSING
110-24 EQUIPMENT. (a) If a disposition of a state agency's surplus or
110-25 salvage data processing equipment is not made under Section
110-26 2175.125 or 2175.184 [this subchapter], the state agency shall
110-27 transfer the equipment to the Texas Department of Criminal Justice.
111-1 The state agency may not collect a fee or other reimbursement from
111-2 the Texas Department of Criminal Justice for the surplus or salvage
111-3 data processing equipment.
111-4 (b) If a disposition of the surplus or salvage data
111-5 processing equipment of a state eleemosynary institution or an
111-6 institution or agency of higher education is not made under other
111-7 law, the institution or agency shall transfer the equipment to the
111-8 Texas Department of Criminal Justice. The institution or agency
111-9 may not collect a fee or other reimbursement from the Texas
111-10 Department of Criminal Justice for the surplus or salvage data
111-11 processing equipment.
111-12 [SUBCHAPTER D. DISPOSITION OF SURPLUS OR SALVAGE
111-13 PROPERTY BY COMPETITIVE BIDDING]
111-14 Sec. 2175.129 [2175.181]. DISPOSITION BY COMPETITIVE
111-15 BIDDING, [OR] AUCTION, OR DIRECT SALE. (a) If a disposition of a
111-16 state agency's surplus [or salvage] property is not made under
111-17 Section 2175.125 [Subchapter C], the commission shall:
111-18 (1) sell the property by competitive bid, [or]
111-19 auction, or direct sale to the public, including a sale using an
111-20 Internet auction site; or
111-21 (2) delegate to the state agency authority to sell the
111-22 property by competitive bid, auction, or direct sale to the public,
111-23 including a sale using an Internet auction site [bidding].
111-24 (b) The commission or a state agency to which authority is
111-25 delegated under Subsection (a)(2) or under Section 2175.065 shall
111-26 determine which method of sale shall be used based on the method
111-27 that is most advantageous to the state under the circumstances.
112-1 The commission shall adopt rules establishing guidelines for making
112-2 that determination.
112-3 (c) In using an Internet auction site to sell surplus
112-4 property under this section, the commission or state agency shall
112-5 post the property on the site for at least 10 days.
112-6 Sec. 2175.130. DISPOSITION BY DIRECT SALE TO PUBLIC. (a)
112-7 If the commission or a state agency to which authority is delegated
112-8 under Section 2175.129(a)(2) or 2175.065 determines that selling
112-9 the property by competitive bid or auction, including a sale using
112-10 an Internet auction site, would not maximize the resale value of
112-11 the property to the state, the commission or agency may sell
112-12 surplus or salvage property directly to the public.
112-13 (b) The commission, in cooperation with the state agency
112-14 that declared the property as surplus, or a state agency to which
112-15 authority is delegated under Section 2175.129(a)(2) or 2175.065
112-16 shall set a fixed price for the property.
112-17 Sec. 2175.131 [2175.182]. PURCHASER'S FEE. (a) The
112-18 commission or a state agency disposing of property by a method
112-19 other than direct transfer under this subchapter shall collect a
112-20 fee from the purchaser.
112-21 (b) The commission or state agency shall set the fee at an
112-22 amount that is:
112-23 (1) sufficient to recover costs associated with the
112-24 sale; and
112-25 (2) at least two percent but not more than 12 percent
112-26 of sale proceeds.
112-27 Sec. 2175.132 [2175.183]. ADVERTISEMENT OF SALE. If the
113-1 value of an item or a lot of property to be sold is estimated to be
113-2 more than $5,000, the commission or the state agency authorized to
113-3 sell the property shall advertise the sale at least once in at
113-4 least one newspaper of general circulation in the vicinity in which
113-5 the property is located.
113-6 Sec. 2175.133 [2175.184]. REPORTING SALE; PROPERTY
113-7 ACCOUNTING ADJUSTMENT. (a) On the sale by the commission of
113-8 surplus or salvage property, the commission shall report the
113-9 property sold and the sale price to the state agency that declared
113-10 the property as surplus or salvage.
113-11 (b) A state agency for which surplus or salvage property is
113-12 sold or that sells surplus or salvage property under authority of
113-13 the commission shall report the sale and amount of sale proceeds to
113-14 the comptroller.
113-15 (c) If property reported under this section is on the state
113-16 property accounting system, the comptroller shall remove the
113-17 property from the property accounting records.
113-18 Sec. 2175.134 [2175.185]. PROCEEDS OF SALE. (a) Proceeds
113-19 from the sale of surplus or salvage property, less the cost of
113-20 advertising the sale, the cost of selling the surplus or salvage
113-21 property, including the cost of auctioneer services, and the amount
113-22 of the fee collected under Section 2175.131 [2175.182], shall be
113-23 deposited to the credit of the appropriate appropriation item of
113-24 the state agency for which the sale was made.
113-25 (b) The portion of sale proceeds equal to the cost of
113-26 advertising the sale and the cost of selling the surplus or salvage
113-27 property, including the cost of auctioneer services, shall be
114-1 deposited in the state treasury to the credit of the appropriation
114-2 item of the commission or other state agency from which the costs
114-3 were paid.
114-4 Sec. 2175.135 [2175.186]. PURCHASER'S TITLE. A purchaser of
114-5 surplus [or salvage] property at a sale conducted under Section
114-6 2175.129 or 2175.130 [this subchapter] obtains good title to the
114-7 property if the purchaser has in good faith complied with:
114-8 (1) the conditions of the sale; and
114-9 (2) applicable commission rules.
114-10 SUBCHAPTER D. DISPOSITION OF SURPLUS OR SALVAGE
114-11 PROPERTY BY COMMISSION
114-12 Sec. 2175.181. APPLICABILITY. (a) This subchapter applies
114-13 only to surplus and salvage property located in:
114-14 (1) Travis County;
114-15 (2) a county in which federal surplus property is
114-16 warehoused by the commission under Subchapter G; or
114-17 (3) a county for which the commission determines that
114-18 it is cost-effective to follow the procedures created under this
114-19 subchapter and informs affected state agencies of that
114-20 determination.
114-21 (b) This subchapter does not apply to a state agency
114-22 delegated the authority to dispose of surplus or salvage property
114-23 under Section 2175.065.
114-24 Sec. 2175.1815. ALTERNATIVE APPLICABILITY. (a)
114-25 Notwithstanding Section 2175.181, until January 1, 2003, this
114-26 subchapter applies only to a state agency selected by the
114-27 commission to participate in the disposal process created under
115-1 this subchapter.
115-2 (b) Subchapter C applies to a state agency that is not
115-3 selected by the commission to participate under this subchapter.
115-4 (c) This section expires January 1, 2003.
115-5 Sec. 2175.182. STATE AGENCY TRANSFER OF PROPERTY TO
115-6 COMMISSION. (a) The commission is responsible for the disposal of
115-7 surplus or salvage property under this subchapter. The commission
115-8 may take physical possession of the property. A state agency
115-9 maintains ownership of property throughout the disposal process.
115-10 (b) Based on the condition of the property, the commission
115-11 shall determine whether the property is:
115-12 (1) surplus property that should be offered for
115-13 transfer under Section 2175.184 or sold to the public; or
115-14 (2) salvage property.
115-15 (c) The commission shall inform the comptroller's office of
115-16 the property's kind, number, location, condition, original cost or
115-17 value, and date of acquisition.
115-18 Sec. 2175.1825. ADVERTISING ON COMPTROLLER WEBSITE. Not
115-19 later than the second day after the date the comptroller receives
115-20 notice from the commission under Section 2175.182(c), the
115-21 comptroller shall advertise the property's kind, number, location,
115-22 and condition on the comptroller's website.
115-23 Sec. 2175.183. COMMISSION NOTICE TO OTHER ENTITIES. On
115-24 taking responsibility for surplus property under this subchapter,
115-25 the commission shall inform other state agencies, political
115-26 subdivisions, and assistance organizations of the comptroller's
115-27 website that lists surplus property that is available for sale.
116-1 Sec. 2175.184. DIRECT TRANSFER. During the 10 business days
116-2 after the date the property is posted on the comptroller's website,
116-3 a state agency, political subdivision, or assistance organization
116-4 may coordinate with the commission for a transfer of the property
116-5 at a price established by the commission in cooperation with the
116-6 transferring agency. A transfer to a state agency has priority
116-7 over any other transfer during this period.
116-8 Sec. 2175.185. NOTICE OF TRANSFER TO COMPTROLLER; ADJUSTMENT
116-9 OF APPROPRIATIONS AND PROPERTY ACCOUNTING RECORDS; REMOVAL FROM
116-10 WEBSITE. (a) If property is transferred to a state agency under
116-11 Section 2175.184, the participating agencies shall report the
116-12 transaction to the comptroller.
116-13 (b) On receiving notice under this section, the comptroller
116-14 shall, if necessary:
116-15 (1) debit and credit the proper appropriations; and
116-16 (2) adjust state property accounting records.
116-17 (c) Not later than the second day after the date the
116-18 comptroller receives notice under Subsection (a), the comptroller
116-19 shall remove the property from the list of surplus property for
116-20 sale on the comptroller's website.
116-21 Sec. 2175.186. DISPOSITION BY COMPETITIVE BIDDING, AUCTION,
116-22 OR DIRECT SALE. (a) If a disposition of a state agency's surplus
116-23 property is not made under Section 2175.184, the commission shall
116-24 sell the property by competitive bid, auction, or direct sale to
116-25 the public, including a sale using an Internet auction site.
116-26 (b) The commission shall determine which method of sale
116-27 shall be used based on the method that is most advantageous to the
117-1 state under the circumstances. The commission shall adopt rules
117-2 establishing guidelines for making that determination.
117-3 (c) In using an Internet auction site to sell surplus
117-4 property under this section, the commission shall post the property
117-5 on the site for at least 10 days.
117-6 Sec. 2175.187. DISPOSITION BY DIRECT SALE TO PUBLIC.
117-7 (a) If the commission determines that selling the property by
117-8 competitive bid or auction, including a sale using an Internet
117-9 auction site, would not maximize the resale value of the property
117-10 to the state, the commission may sell surplus property directly to
117-11 the public.
117-12 (b) The commission shall set a fixed price for the property
117-13 in cooperation with the state agency that owns the property.
117-14 Sec. 2175.188. PURCHASER'S FEE. (a) For property that is
117-15 sold under Section 2175.186 or 2175.187, the commission shall
117-16 collect a fee from the purchaser.
117-17 (b) The commission shall set the fee at an amount that is:
117-18 (1) sufficient to recover costs associated with the
117-19 sale; and
117-20 (2) at least two percent but not more than 12 percent
117-21 of sale proceeds.
117-22 Sec. 2175.189. ADVERTISEMENT OF SALE. If the value of an
117-23 item or a lot of property to be sold is estimated to be more than
117-24 $5,000, the commission shall advertise the sale at least once in at
117-25 least one newspaper of general circulation in the vicinity in which
117-26 the property is located.
117-27 Sec. 2175.190. REPORTING SALE; PROPERTY ACCOUNTING
118-1 ADJUSTMENT. (a) On the sale by the commission of surplus or
118-2 salvage property, the commission shall report the property sold and
118-3 the sale price to the state agency that owned the property and to
118-4 the comptroller.
118-5 (b) If property reported under this section is on the state
118-6 property accounting system, the comptroller shall remove the
118-7 property from the property accounting records.
118-8 Sec. 2175.191. PROCEEDS OF SALE. (a) Proceeds from the
118-9 sale of surplus or salvage property, less the cost of advertising
118-10 the sale, the cost of selling the surplus or salvage property,
118-11 including the cost of auctioneer services, and the amount of the
118-12 fee collected under Section 2175.188, shall be deposited to the
118-13 credit of the appropriate appropriation item of the state agency
118-14 for which the sale was made.
118-15 (b) The portion of sale proceeds equal to the cost of
118-16 advertising the sale and the cost of selling the surplus or salvage
118-17 property, including the cost of auctioneer services, if any, shall
118-18 be deposited in the state treasury to the credit of the
118-19 appropriation item of the commission.
118-20 Sec. 2175.192. PURCHASER'S TITLE. A purchaser of surplus
118-21 property at a sale conducted under Section 2175.186 or 2175.187
118-22 obtains good title to the property if the purchaser has in good
118-23 faith complied with:
118-24 (1) the conditions of the sale; and
118-25 (2) applicable commission rules.
118-26 Sec. 2175.193. CONTRACTS FOR DESTRUCTION OF PROPERTY. The
118-27 commission shall contract for the disposal of property under
119-1 Subchapter E in a manner that maximizes value to the state.
119-2 SECTION 11.03. This article takes effect January 1, 2002.
119-3 ARTICLE 12. PAPER RECYCLING PROGRAM
119-4 SECTION 12.01. Section 2175.902, Government Code, is amended
119-5 to read as follows:
119-6 Sec. 2175.902. MANDATORY PAPER RECYCLING PROGRAM. (a) The
119-7 Texas Building Commission [commission] shall establish a mandatory
119-8 recycling program for a state agency that occupies a building [and
119-9 maintain in each building] under its control [procedures for
119-10 collecting separately from other wastes all paper for recycling
119-11 disposed of in that building]. By rule, the Texas Building
119-12 Commission shall:
119-13 (1) establish guidelines and procedures for collecting
119-14 and recycling of paper;
119-15 (2) set recycling goals and performance measures;
119-16 (3) require state agencies to designate a recycling
119-17 coordinator;
119-18 (4) provide employee and custodial education and
119-19 training;
119-20 (5) provide feedback and recognition to state agencies
119-21 when appropriate; and
119-22 (6) inform state agencies when proper recycling
119-23 methods are not used.
119-24 (b) If the Texas Building Commission finds that a state
119-25 agency's recycling program meets or exceeds the standards created
119-26 under Subsection (a), the Texas Building Commission [The
119-27 commission] may delegate its responsibility under this section
120-1 [subsection] to a state agency located in a [each] building under
120-2 its control.
120-3 (c) [(b)] The Texas Building Commission [commission] or a
120-4 state agency with delegated responsibility under Subsection (b)
120-5 [(a)] shall sell the paper for recycling to the highest bidder.
120-6 (d) The Texas Building Commission may enter into an
120-7 interagency agreement to provide recycling services to a state
120-8 agency otherwise excluded from the program.
120-9 ARTICLE 13. HISTORICALLY UNDERUTILIZED BUSINESSES
120-10 SECTION 13.01. Section 2161.061, Government Code, is amended
120-11 to read as follows:
120-12 Sec. 2161.061. COMMISSION CERTIFICATION OF HISTORICALLY
120-13 UNDERUTILIZED BUSINESSES[; MUNICIPAL CERTIFICATION]. (a) The
120-14 commission shall certify historically underutilized businesses.
120-15 (b) As one of its certification procedures, the commission
120-16 may:
120-17 (1) approve the certification program of:
120-18 (A) one or more local governments in this state
120-19 that certify historically underutilized businesses, minority
120-20 business enterprises, women's business enterprises, or
120-21 disadvantaged business enterprises under substantially the same
120-22 definition, to the extent applicable, used by Section 2161.001; and
120-23 (B) nonprofit organizations that certify on
120-24 behalf of local governments; and
120-25 (2) certify a business that is certified by a [under
120-26 the] local government or by a nonprofit organization certifying on
120-27 behalf of a local government [program] as a historically
121-1 underutilized business under this chapter.
121-2 (c) To maximize the number of certified historically
121-3 underutilized businesses, the commission shall enter into
121-4 agreements with local governments in this state that conduct
121-5 certification programs described by Subsection (b) and with
121-6 nonprofit organizations that certify on behalf of local
121-7 governments. The agreements must take effect immediately and:
121-8 (1) allow for automatic certification of businesses
121-9 certified by [under] the local government or nonprofit organization
121-10 certifying on behalf of the local government [program];
121-11 (2) provide for the efficient updating of the
121-12 commission database containing information about historically
121-13 underutilized businesses and potential historically underutilized
121-14 businesses; and
121-15 (3) provide for a method by which the commission may
121-16 efficiently communicate with businesses certified by [under] the
121-17 local government or nonprofit organization certifying on behalf of
121-18 the local government [program] and provide those businesses with
121-19 information about the state historically underutilized business
121-20 program.
121-21 (d) A local government or a nonprofit organization that
121-22 certifies historically underutilized businesses, minority business
121-23 enterprises, women's business enterprises, or disadvantaged
121-24 business enterprises as described in Subsections (b) and (c) shall
121-25 complete the certification of an applicant or provide an applicant
121-26 with written justification of its certification denial within the
121-27 period established by the commission in its rules for certification
122-1 activities.
122-2 SECTION 13.02. Section 2161.065, Government Code, is amended
122-3 by adding Subsection (c) to read as follows:
122-4 (c) In selecting historically underutilized business
122-5 subcontractors under this section, an agency shall give preference
122-6 to subcontractors that demonstrate the greatest need for a mentor,
122-7 as determined by the agency on consideration of:
122-8 (1) the agency's goals, procurement history, and
122-9 procurement needs; and
122-10 (2) the subcontractor's goals.
122-11 SECTION 13.03. Section 2161.253(a), Government Code, is
122-12 amended to read as follows:
122-13 (a) When a state agency requires a historically
122-14 underutilized business subcontracting plan under Section 2161.252,
122-15 the awarded contract shall contain, as a provision of the contract
122-16 that must be fulfilled, the plan that the contractor submitted in
122-17 its bid, proposal, offer, or other applicable expression of
122-18 interest for the contract. The contractor shall make good faith
122-19 efforts to implement the plan. A contractor's participation in a
122-20 mentor-protege program under Section 2161.065 and submission of a
122-21 protege as a subcontractor in the contractor's historically
122-22 underutilized business subcontracting plan constitutes a good faith
122-23 effort under this section for the particular area of the
122-24 subcontracting plan involving the protege.
122-25 ARTICLE 14. MISCELLANEOUS PROVISIONS
122-26 SECTION 14.01. Section 2054.022, Government Code, is amended
122-27 to read as follows:
123-1 Sec. 2054.022. CONFLICT OF INTEREST. (a) A member of the
123-2 board or the executive director [an employee of the department] may
123-3 not:
123-4 (1) be a person required to register as a lobbyist
123-5 under Chapter 305 because of the person's activities for
123-6 compensation on behalf of a business entity that has, or on behalf
123-7 of a trade association of business entities that have, a
123-8 substantial interest in the information resources technologies
123-9 industry;
123-10 (2) be an officer, employee, or paid consultant of a
123-11 business entity that has, or of a trade association of business
123-12 entities that have, a substantial interest in the information
123-13 resources technologies industry and that may contract with state
123-14 government;
123-15 (3) own, control, or have, directly or indirectly,
123-16 more than a 10 percent interest in a business entity that has a
123-17 substantial interest in the information resources technologies
123-18 industry and that may contract with state government;
123-19 (4) receive more than 25 percent of the individual's
123-20 income from a business entity that has a substantial interest in
123-21 the information resources technologies industry and that may
123-22 contract with state government;
123-23 (5) be interested in or connected with a contract or
123-24 bid for furnishing a state agency with information resources
123-25 technologies;
123-26 (6) be employed by a state agency as a consultant on
123-27 information resources technologies; or
124-1 (7) accept or receive money or another thing of value
124-2 from an individual, firm, or corporation to whom a contract may be
124-3 awarded, directly or indirectly, by rebate, gift, or otherwise.
124-4 (b) A person who is the spouse of an officer, employee, or
124-5 paid consultant of a business entity that has, or of a trade
124-6 association of business entities that have, a substantial interest
124-7 in the information resources technologies industry and that may
124-8 contract with state government may not be[:]
124-9 [(1)] a member of the board or the executive
124-10 director[; or]
124-11 [(2) an employee of the department who:]
124-12 [(A) is exempt from the state's position
124-13 classification plan; or]
124-14 [(B) is compensated at or above the amount
124-15 prescribed by the General Appropriations Act for step 1, salary
124-16 group 17, of the position classification salary schedule].
124-17 (c) An employee of the department, other than the executive
124-18 director:
124-19 (1) may not participate in the department's bidding
124-20 process, including the proposal development related to a contract
124-21 and the negotiation of a contract, if:
124-22 (A) the employee receives more than five percent
124-23 of the employee's income from any likely bidder on the contract; or
124-24 (B) the employee's spouse is employed by any
124-25 likely bidder on the contract; and
124-26 (2) may not:
124-27 (A) be a person required to register as a
125-1 lobbyist under Chapter 305 because of the person's activities for
125-2 compensation on behalf of a business entity that has, or on behalf
125-3 of a trade association of business entities that have, a
125-4 substantial interest in the information resources technologies
125-5 industry; or
125-6 (B) be employed by a state agency as a
125-7 consultant on information resources technologies.
125-8 (d) For the purposes of this section, a trade association is
125-9 a nonprofit, cooperative, and voluntarily joined association of
125-10 business or professional competitors in this state designed to
125-11 assist its members and its industry or profession in dealing with
125-12 mutual business or professional problems and in promoting their
125-13 common interest.
125-14 (e) [(d)] The executive director shall dismiss an employee
125-15 of the department who violates a prohibition under Subsection (c)
125-16 [(a)], and the board shall remove the executive director if the
125-17 executive director violates a prohibition under Subsection (a).
125-18 SECTION 14.02. Section 552.010, Government Code, is amended
125-19 to read as follows:
125-20 Sec. 552.010. STATE GOVERNMENTAL BODIES: FISCAL AND OTHER
125-21 INFORMATION RELATING TO MAKING INFORMATION ACCESSIBLE. (a) Each
125-22 state governmental body shall report to the Texas Procurement
125-23 Commission [Legislative Budget Board] the information the
125-24 commission [board] requires regarding:
125-25 (1) the number and nature of requests for information
125-26 the state governmental body processes under this chapter in the
125-27 period covered by the report; and
126-1 (2) the cost to the state governmental body in that
126-2 period in terms of capital expenditures and personnel time of:
126-3 (A) responding to requests for information under
126-4 this chapter; and
126-5 (B) making information available to the public
126-6 by means of the Internet or another electronic format.
126-7 (b) The Texas Procurement Commission [Legislative Budget
126-8 Board] shall design and phase in the reporting requirements in a
126-9 way that:
126-10 (1) minimizes the reporting burden on state
126-11 governmental bodies; and
126-12 (2) allows the legislature and state governmental
126-13 bodies to estimate the extent to which it is cost-effective for
126-14 state government, and if possible the extent to which it is
126-15 cost-effective or useful for members of the public, to make
126-16 information available to the public by means of the Internet or
126-17 another electronic format as a supplement or alternative to
126-18 publicizing the information only in other ways or making the
126-19 information available only in response to requests made under this
126-20 chapter.
126-21 (c) The open records steering committee and the state
126-22 auditor, at the request of the Texas Procurement Commission
126-23 [Legislative Budget Board], shall assist the commission [board] in
126-24 designing its reporting requirements under this section. The
126-25 commission [board] shall share the information reported under this
126-26 section with the open records steering committee.
126-27 ARTICLE 15. EFFECTIVE DATE
127-1 SECTION 15.01. Except as otherwise provided by this Act, this
127-2 Act takes effect September 1, 2001.