1-1 By: Zaffirini S.B. No. 311
1-2 (In the Senate - Filed March 7, 2001; March 8, 2001, read
1-3 first time and referred to Committee on State Affairs;
1-4 April 11, 2001, reported adversely, with favorable Committee
1-5 Substitute by the following vote: Yeas 7, Nays 0; April 11, 2001,
1-6 sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 311 By: Madla
1-8 A BILL TO BE ENTITLED
1-9 AN ACT
1-10 relating to the continuation and functions of the General Services
1-11 Commission and to the operations of certain other state agencies
1-12 having functions transferred from or associated with the
1-13 commission, including the Department of Information Resources, the
1-14 telecommunications planning and oversight council, the interagency
1-15 work group for developing contracting guidelines, and the State
1-16 Cemetery Committee.
1-17 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-18 ARTICLE 1. ADMINISTRATIVE PROVISIONS
1-19 SECTION 1.01. Section 552.010, Government Code, is amended
1-20 to read as follows:
1-21 Sec. 552.010. STATE GOVERNMENTAL BODIES: FISCAL AND OTHER
1-22 INFORMATION RELATING TO MAKING INFORMATION ACCESSIBLE. (a) Each
1-23 state governmental body shall report to the General Services
1-24 Commission [Legislative Budget Board] the information the
1-25 commission [board] requires regarding:
1-26 (1) the number and nature of requests for information
1-27 the state governmental body processes under this chapter in the
1-28 period covered by the report; and
1-29 (2) the cost to the state governmental body in that
1-30 period in terms of capital expenditures and personnel time of:
1-31 (A) responding to requests for information under
1-32 this chapter; and
1-33 (B) making information available to the public
1-34 by means of the Internet or another electronic format.
1-35 (b) The General Services Commission [Legislative Budget
1-36 Board] shall design and phase in the reporting requirements in a
1-37 way that:
1-38 (1) minimizes the reporting burden on state
1-39 governmental bodies; and
1-40 (2) allows the legislature and state governmental
1-41 bodies to estimate the extent to which it is cost-effective for
1-42 state government, and if possible the extent to which it is
1-43 cost-effective or useful for members of the public, to make
1-44 information available to the public by means of the Internet or
1-45 another electronic format as a supplement or alternative to
1-46 publicizing the information only in other ways or making the
1-47 information available only in response to requests made under this
1-48 chapter.
1-49 (c) The open records steering committee and the state
1-50 auditor, at the request of the General Services Commission
1-51 [Legislative Budget Board], shall assist the commission [board] in
1-52 designing its reporting requirements under this section. The
1-53 commission [board] shall share the information reported under this
1-54 section with the open records steering committee.
1-55 SECTION 1.02. Section 2054.022, Government Code, is amended
1-56 to read as follows:
1-57 Sec. 2054.022. CONFLICT OF INTEREST. (a) A member of the
1-58 board or the executive director [an employee of the department] may
1-59 not:
1-60 (1) be a person required to register as a lobbyist
1-61 under Chapter 305 because of the person's activities for
1-62 compensation on behalf of a business entity that has, or on behalf
1-63 of a trade association of business entities that have, a
1-64 substantial interest in the information resources technologies
2-1 industry;
2-2 (2) be an officer, employee, or paid consultant of a
2-3 business entity that has, or of a trade association of business
2-4 entities that have, a substantial interest in the information
2-5 resources technologies industry and that may contract with state
2-6 government;
2-7 (3) own, control, or have, directly or indirectly,
2-8 more than a 10 percent interest in a business entity that has a
2-9 substantial interest in the information resources technologies
2-10 industry and that may contract with state government;
2-11 (4) receive more than 25 percent of the individual's
2-12 income from a business entity that has a substantial interest in
2-13 the information resources technologies industry and that may
2-14 contract with state government;
2-15 (5) be interested in or connected with a contract or
2-16 bid for furnishing a state agency with information resources
2-17 technologies;
2-18 (6) be employed by a state agency as a consultant on
2-19 information resources technologies; or
2-20 (7) accept or receive money or another thing of value
2-21 from an individual, firm, or corporation to whom a contract may be
2-22 awarded, directly or indirectly, by rebate, gift, or otherwise.
2-23 (b) A person who is the spouse of an officer, employee, or
2-24 paid consultant of a business entity that has, or of a trade
2-25 association of business entities that have, a substantial interest
2-26 in the information resources technologies industry and that may
2-27 contract with state government may not be[:]
2-28 [(1)] a member of the board or the executive
2-29 director[; or]
2-30 [(2) an employee of the department who:]
2-31 [(A) is exempt from the state's position
2-32 classification plan; or]
2-33 [(B) is compensated at or above the amount
2-34 prescribed by the General Appropriations Act for step 1, salary
2-35 group 17, of the position classification salary schedule].
2-36 (c) An employee of the department, other than the executive
2-37 director:
2-38 (1) may not participate in the department's bidding
2-39 process, including the proposal development related to a contract
2-40 and the negotiation of a contract, if:
2-41 (A) the employee receives income from any likely
2-42 bidder on the contract; or
2-43 (B) the employee's spouse is employed by any
2-44 likely bidder on the contract; and
2-45 (2) may not:
2-46 (A) be a person required to register as a
2-47 lobbyist under Chapter 305 because of the person's activities for
2-48 compensation on behalf of a business entity that has, or on behalf
2-49 of a trade association of business entities that have, a
2-50 substantial interest in the information resources technologies
2-51 industry; or
2-52 (B) be employed by a state agency as a
2-53 consultant on information resources technologies.
2-54 (d) For the purposes of this section, a trade association is
2-55 a nonprofit, cooperative, and voluntarily joined association of
2-56 business or professional competitors in this state designed to
2-57 assist its members and its industry or profession in dealing with
2-58 mutual business or professional problems and in promoting their
2-59 common interest.
2-60 (e) [(d)] The executive director shall dismiss an employee
2-61 of the department who violates a prohibition under Subsection (c)
2-62 [(a)], and the board shall remove the executive director if the
2-63 executive director violates a prohibition under Subsection (a).
2-64 SECTION 1.03. Section 2152.002, Government Code, is amended
2-65 to read as follows:
2-66 Sec. 2152.002. SUNSET PROVISION. The General Services
2-67 Commission is subject to Chapter 325 (Texas Sunset Act). Unless
2-68 continued in existence as provided by that chapter, the commission
2-69 is abolished and this subtitle, except for Chapter 2170 and Section
3-1 2157.121, expires September 1, 2013 [2001].
3-2 SECTION 1.04. Section 2152.051, Government Code, is amended
3-3 to read as follows:
3-4 Sec. 2152.051. COMPOSITION OF COMMISSION. The commission is
3-5 composed of five [six] representatives of the public appointed by
3-6 the governor with the advice and consent of the senate.
3-7 SECTION 1.05. Subsections (b) and (c), Section 2152.054,
3-8 Government Code, are amended to read as follows:
3-9 (b) An officer, employee, or paid consultant of a Texas
3-10 trade association of business entities that contracts with the
3-11 state may not:
3-12 (1) serve as a commission member; or
3-13 (2) be employed as a commission employee in a "bona
3-14 fide executive, administrative, or professional capacity," as that
3-15 phrase is used for purposes of establishing an exemption to the
3-16 overtime provisions of the federal Fair Labor Standards Act of 1938
3-17 (29 U.S.C. Section 201 et seq.) and its subsequent amendments [who
3-18 is exempt from the state's position classification plan or is
3-19 compensated at or above the amount prescribed by the General
3-20 Appropriations Act for step 1, salary group 17, of the position
3-21 classification salary schedule].
3-22 (c) An individual who is the spouse of an officer, manager,
3-23 or paid consultant of a Texas trade association of business
3-24 entities that contracts with the state may not:
3-25 (1) serve as a commission member; or
3-26 (2) be employed as a commission employee in a "bona
3-27 fide executive, administrative, or professional capacity," as that
3-28 phrase is used for purposes of establishing an exemption to the
3-29 overtime provisions of the federal Fair Labor Standards Act of 1938
3-30 (29 U.S.C. Section 201 et seq.) and its subsequent amendments [who
3-31 is exempt from the state's position classification plan or is
3-32 compensated at or above the amount prescribed by the General
3-33 Appropriations Act for step 1, salary group 17, of the position
3-34 classification salary schedule].
3-35 SECTION 1.06. Subsection (c), Section 2152.056, Government
3-36 Code, is amended to read as follows:
3-37 (c) If the executive director has knowledge that a potential
3-38 ground for removal exists, the executive director shall notify the
3-39 presiding officer of the commission of the potential ground. The
3-40 presiding officer shall then notify the governor and the attorney
3-41 general that a potential ground for removal exists. If the
3-42 potential ground for removal involves the presiding officer, the
3-43 executive director shall notify the next highest ranking officer of
3-44 the commission, who shall then notify the governor and the attorney
3-45 general that a potential ground for removal exists.
3-46 SECTION 1.07. Section 2152.057, Government Code, is amended
3-47 to read as follows:
3-48 Sec. 2152.057. TERMS. Commission members serve staggered
3-49 six-year terms with one or two members' terms expiring January 31
3-50 of each odd-numbered year.
3-51 SECTION 1.08. Subsection (c), Section 2152.058, Government
3-52 Code, is amended to read as follows:
3-53 (c) Three [Four] members of the commission constitute a
3-54 quorum.
3-55 SECTION 1.09. Subchapter B, Chapter 2152, Government Code,
3-56 is amended by adding Section 2152.0581 to read as follows:
3-57 Sec. 2152.0581. TRAINING FOR COMMISSION MEMBERS. (a) A
3-58 person who is appointed to and qualifies for office as a member of
3-59 the commission may not vote, deliberate, or be counted as a member
3-60 in attendance at a meeting of the commission until the person
3-61 completes a training program that complies with this section.
3-62 (b) The training program must provide the person with
3-63 information regarding:
3-64 (1) the legislation that created the commission;
3-65 (2) the programs operated by the commission;
3-66 (3) the role and functions of the commission;
3-67 (4) the rules of the commission, with an emphasis on
3-68 the rules that relate to disciplinary and investigatory authority;
3-69 (5) the current budget for the commission;
4-1 (6) the results of the most recent formal audit of the
4-2 commission;
4-3 (7) the requirements of:
4-4 (A) the open meetings law, Chapter 551;
4-5 (B) the public information law, Chapter 552;
4-6 (C) the administrative procedure law, Chapter
4-7 2001; and
4-8 (D) other laws relating to public officials,
4-9 including conflict-of-interest laws; and
4-10 (8) any applicable ethics policies adopted by the
4-11 commission or the Texas Ethics Commission.
4-12 (c) A person appointed to the commission is entitled to
4-13 reimbursement, as provided by the General Appropriations Act, for
4-14 the travel expenses incurred in attending the training program
4-15 regardless of whether the attendance at the program occurs before
4-16 or after the person qualifies for office.
4-17 SECTION 1.10. Section 2152.060, Government Code, is amended
4-18 by amending Subsection (b) and adding Subsection (d) to read as
4-19 follows:
4-20 (b) The commission shall maintain a [keep an information]
4-21 file on [about] each written complaint filed with the commission
4-22 [that the commission has authority to resolve]. The file must
4-23 include:
4-24 (1) the name of the person who filed the complaint;
4-25 (2) the date the complaint is received by the
4-26 commission;
4-27 (3) the subject matter of the complaint;
4-28 (4) the name of each person contacted in relation to
4-29 the complaint;
4-30 (5) a summary of the results of the review or
4-31 investigation of the complaint; and
4-32 (6) an explanation of the reason the file was closed,
4-33 if the commission closed the file without taking action other than
4-34 to investigate the complaint.
4-35 (d) The commission shall provide to the person filing the
4-36 complaint and to each person who is a subject of the complaint a
4-37 copy of the commission's policies and procedures relating to
4-38 complaint investigation and resolution.
4-39 SECTION 1.11. Subchapter C, Chapter 2152, Government Code,
4-40 is amended by adding Section 2152.110 to read as follows:
4-41 Sec. 2152.110. STATE EMPLOYEE INCENTIVE PROGRAM. The
4-42 executive director or the executive director's designee shall
4-43 provide to commission employees information and training on the
4-44 benefits and methods of participation in the state employee
4-45 incentive program under Subchapter B, Chapter 2108.
4-46 SECTION 1.12. (a) To achieve the membership plan prescribed
4-47 by Section 2152.051, Government Code, as amended by this Act, for
4-48 the General Services Commission, the governor shall appoint only
4-49 one commission member to succeed the commission members whose terms
4-50 expire on January 31, 2003. The member appointed under this
4-51 section is appointed for a term expiring January 31, 2009.
4-52 (b) As soon as possible after September 1, 2001, the
4-53 governor shall designate for abolition on January 31, 2003, one of
4-54 the two membership positions with terms that expire on January 31,
4-55 2003.
4-56 SECTION 1.13. The changes in law made by this Act in the
4-57 prohibitions and qualifications applying to members of the General
4-58 Services Commission do not affect the entitlement of a member
4-59 serving on the commission immediately before September 1, 2001, to
4-60 continue to serve and function as a member of the commission for
4-61 the remainder of the member's term. The changes in law apply only
4-62 to a member appointed on or after September 1, 2001. This Act does
4-63 not prohibit a person who is a member of the General Services
4-64 Commission immediately before September 1, 2001, from being
4-65 reappointed as a commission member if the person has the
4-66 qualifications required for the position under Chapter 2152,
4-67 Government Code, as amended by this Act.
4-68 SECTION 1.14. The change in law made by this Act to Sections
4-69 2152.051, 2152.057, and Subsection (c), Section 2152.058,
5-1 Government Code, takes effect January 31, 2003.
5-2 ARTICLE 2. OVERSIGHT OF MAJOR INFORMATION RESOURCES PROJECTS
5-3 SECTION 2.01. Section 2054.003, Government Code, is amended
5-4 by adding a new Subdivision (8) and renumbering existing
5-5 Subdivisions (8), (9), and (10) as Subdivisions (9), (10), and (11)
5-6 to read as follows:
5-7 (8) "Major information resources project" means:
5-8 (A) any information resources technology project
5-9 identified in a state agency's biennial operating plan whose
5-10 development costs exceed $1 million and that:
5-11 (i) requires one year or longer to reach
5-12 operations status;
5-13 (ii) involves more than one state agency;
5-14 or
5-15 (iii) substantially alters work methods of
5-16 state agency personnel or the delivery of services to clients; and
5-17 (B) any information resources technology project
5-18 designated by the legislature in the General Appropriations Act as
5-19 a major information resources project.
5-20 (9) "Project" means a program to provide information
5-21 resources technologies support to functions within or among
5-22 elements of a state agency, that ideally is characterized by
5-23 well-defined parameters, specific objectives, common benefits,
5-24 planned activities, a scheduled completion date, and an established
5-25 budget with a specified source of funding.
5-26 (10) [(9)] "State agency" means a department,
5-27 commission, board, office, council, or other agency in the
5-28 executive or judicial branch of state government that is created by
5-29 the constitution or a statute of this state, including a university
5-30 system or institution of higher education as defined by Section
5-31 61.003, Education Code.
5-32 (11) [(10)] "Telecommunications" means any
5-33 transmission, emission, or reception of signs, signals, writings,
5-34 images, or sounds of intelligence of any nature by wire, radio,
5-35 optical, or other electromagnetic systems. The term includes all
5-36 facilities and equipment performing those functions that are owned,
5-37 leased, or used by state agencies and branches of state government.
5-38 SECTION 2.02. Subchapter F, Chapter 2054, Government Code,
5-39 is amended by adding Section 2054.1181 to read as follows:
5-40 Sec. 2054.1181. OVERSIGHT OF MAJOR INFORMATION RESOURCES
5-41 PROJECTS. (a) The department shall create a division in the
5-42 department to oversee the implementation of major information
5-43 resources projects.
5-44 (b) In performing its duties under this section, the
5-45 department shall:
5-46 (1) develop policies for the oversight of projects;
5-47 (2) implement project management standards;
5-48 (3) use effective risk management strategies;
5-49 (4) establish standards that promote the ability of
5-50 information resources systems to operate with each other; and
5-51 (5) use industry best practices and process
5-52 reengineering when feasible.
5-53 (c) The division shall be funded from a percentage of money
5-54 appropriated to or budgeted by state agencies for the major
5-55 information resources projects designated by the legislature under
5-56 Section 2054.003(8)(B). The legislature shall prescribe the
5-57 percentage or percentages, as applicable, in the General
5-58 Appropriations Act.
5-59 SECTION 2.03. Subsection (d), Section 2054.118, Government
5-60 Code, is repealed.
5-61 ARTICLE 3. TELECOMMUNICATIONS
5-62 SECTION 3.01. Subsection (e), Section 2054.051, Government
5-63 Code, is amended to read as follows:
5-64 (e) The department shall provide for all interagency use of
5-65 information resources technologies by state agencies[, except for
5-66 telecommunications services provided by the General Services
5-67 Commission under other law]. The department may provide for
5-68 interagency use of information resources technologies either
5-69 directly or by certifying another state agency to provide specified
6-1 uses of information resources technologies to other state agencies.
6-2 SECTION 3.02. Subsection (d), Section 2054.091, Government
6-3 Code, is amended to read as follows:
6-4 (d) The executive director shall appoint an advisory
6-5 committee to assist in the preparation of the state strategic plan.
6-6 The members of the advisory committee appointed by the executive
6-7 director must be approved by the board and must include officers or
6-8 employees of state government. The telecommunications planning and
6-9 oversight council shall appoint one of its members to serve as a
6-10 member of the advisory committee.
6-11 SECTION 3.03. The heading of Subchapter H, Chapter 2054,
6-12 Government Code, is amended to read as follows:
6-13 SUBCHAPTER H. TELECOMMUNICATIONS PLANNING
6-14 AND OVERSIGHT COUNCIL [GROUP]
6-15 SECTION 3.04. Section 2054.201, Government Code, is amended
6-16 to read as follows:
6-17 Sec. 2054.201. COMPOSITION; TERMS. (a) The
6-18 telecommunications planning and oversight council [group] is
6-19 composed of:
6-20 (1) a representative of the comptroller's office,
6-21 appointed by the comptroller;
6-22 (2) the executive director of the Telecommunications
6-23 Infrastructure Fund Board;
6-24 (3) a representative of the General Services
6-25 Commission, appointed by the executive director of the commission;
6-26 (4) a member representing the interests of state
6-27 agencies with 1,000 employees or more, appointed by the lieutenant
6-28 governor;
6-29 (5) a member representing the interests of state
6-30 agencies with fewer than 1,000 employees, appointed by the speaker
6-31 of the house of representatives;
6-32 (6) a member representing the interests of
6-33 institutions of higher education, appointed by the commissioner of
6-34 higher education;
6-35 (7) a member representing the interests of The
6-36 University of Texas System, appointed by the chancellor;
6-37 (8) a member representing the interests of The Texas
6-38 A&M University System, appointed by the chancellor;
6-39 (9) a member representing the interests of public
6-40 school districts that are customers of the consolidated
6-41 telecommunications system, appointed by the governor;
6-42 (10) a member representing the interests of local
6-43 governments that are customers of the consolidated
6-44 telecommunications system, appointed by the governor; and
6-45 (11) two public members with telecommunications
6-46 expertise, appointed by the governor [the comptroller, the
6-47 executive director of the department, and the executive director of
6-48 the General Services Commission].
6-49 (b) Appointed members of the telecommunications planning and
6-50 oversight council serve two-year terms, except that the
6-51 representative of the comptroller's office serves at the discretion
6-52 of the comptroller and the representative of the General Services
6-53 Commission serves at the discretion of the executive director of
6-54 the commission [Each member of the group may designate an employee
6-55 of the member's agency to serve in the member's place].
6-56 (c) Members of the telecommunications planning and oversight
6-57 council who represent a state agency shall abstain from any action
6-58 taken by the council regarding a request for a waiver under Section
6-59 2170.051 from the state agency that is represented by the member.
6-60 SECTION 3.05. Subchapter H, Chapter 2054, Government Code,
6-61 is amended by adding Section 2054.2011 to read as follows:
6-62 Sec. 2054.2011. DEFINITIONS. In this subchapter:
6-63 (1) "Centralized capitol complex telephone system"
6-64 means the system described in Section 2170.059.
6-65 (2) "Consolidated telecommunications system" has the
6-66 meaning assigned by Section 2170.001.
6-67 SECTION 3.06. Section 2054.202, Government Code, is amended
6-68 to read as follows:
6-69 Sec. 2054.202. ADMINISTRATIVE PROVISIONS. (a) The
7-1 telecommunications planning and oversight council [group] shall
7-2 post notice of its meetings in accordance with the open meetings
7-3 law, Chapter 551, in the manner required for a state governmental
7-4 body under that chapter.
7-5 (b) The department shall provide [coordinate] the staff and
7-6 administrative support necessary for [provided to] the
7-7 telecommunications planning and oversight council to perform its
7-8 duties under this subchapter [group by the department, by the
7-9 comptroller, and by the General Services Commission].
7-10 (c) The telecommunications planning and oversight council
7-11 [group] may periodically elect one of its members to serve as
7-12 presiding officer of the council [group].
7-13 SECTION 3.07. Section 2054.203, Government Code, is amended
7-14 by amending Subsections (a) through (d) and adding Subsection (g)
7-15 to read as follows:
7-16 (a) The telecommunications planning and oversight council
7-17 [group] shall comprehensively collect and manage telecommunications
7-18 network configuration information about existing and planned
7-19 telecommunications networks throughout state government.
7-20 (b) The telecommunications planning and oversight council
7-21 [group] may require state agencies to submit to the council [group]
7-22 the agencies' network configuration information, but the council
7-23 [group] must use existing reports to gather the information if
7-24 possible and minimize the reporting burden on agencies to the
7-25 extent possible.
7-26 (c) The telecommunications planning and oversight council
7-27 [group] shall establish plans and policies for a system of
7-28 telecommunications services to be managed and operated by the
7-29 department [General Services Commission].
7-30 (d) The telecommunications planning and oversight council
7-31 [group] shall develop a statewide telecommunications operating plan
7-32 for all state agencies. The plan shall implement a statewide
7-33 network and include technical specifications that are binding on
7-34 the department [General Services Commission].
7-35 (g) The telecommunications planning and oversight council
7-36 shall perform strategic planning for all state telecommunications
7-37 services in accordance with the guiding principles of the state
7-38 strategic plan for information resources management.
7-39 SECTION 3.08. Subsections (a) and (c), Section 2054.204,
7-40 Government Code, are amended to read as follows:
7-41 (a) The telecommunications planning and oversight council
7-42 [group] shall develop a plan for a state telecommunications network
7-43 that will effectively and efficiently meet the long-term
7-44 requirements of state government for voice, video, and computer
7-45 communications, with the goal of achieving a single centralized
7-46 telecommunications network for state government.
7-47 (c) The plan must incorporate efficiencies obtained through
7-48 the use of shared transmission services and open systems
7-49 architecture as they become available, building on existing systems
7-50 as appropriate. In developing the plan, the telecommunications
7-51 planning and oversight council [group] shall make use of the
7-52 technical expertise of state agencies, including institutions of
7-53 higher education.
7-54 SECTION 3.09. Section 2054.205, Government Code, is amended
7-55 to read as follows:
7-56 Sec. 2054.205. DEVELOPMENT OF SYSTEM. (a) The
7-57 telecommunications planning and oversight council [group] shall
7-58 develop functional requirements for a statewide system of
7-59 telecommunications services for all state agencies. Existing
7-60 networks, as configured on September 1, 1991, of institutions of
7-61 higher education are exempt from the requirements.
7-62 (b) The telecommunications planning and oversight council
7-63 [group] shall develop requests for information and proposals for a
7-64 statewide system of telecommunications services for all state
7-65 agencies.
7-66 (c) The telecommunications planning and oversight council
7-67 [group] shall negotiate rates and execute contracts with
7-68 telecommunications service providers for services. The
7-69 telecommunications planning and oversight council [group] may:
8-1 (1) acquire transmission facilities by purchase,
8-2 lease, or lease-purchase in accordance with Chapters 2155-2158; and
8-3 (2) develop, establish, and maintain carrier systems
8-4 necessary to the operation of the telecommunications system.
8-5 SECTION 3.10. Subchapter H, Chapter 2054, Government Code,
8-6 is amended by adding Section 2054.2051 to read as follows:
8-7 Sec. 2054.2051. OVERSIGHT OF SYSTEMS. (a) The
8-8 telecommunications planning and oversight council shall develop
8-9 service objectives for the consolidated telecommunications system
8-10 and the centralized capitol complex telephone system.
8-11 (b) The telecommunications planning and oversight council
8-12 shall develop performance measures for the operations and staff of
8-13 the consolidated telecommunications system and the centralized
8-14 capitol complex telephone system.
8-15 (c) The telecommunications planning and oversight council
8-16 shall review every three months the status of all projects related
8-17 to and the financial performance of the consolidated
8-18 telecommunications system and the centralized capitol complex
8-19 telephone system, including a comparison between actual performance
8-20 and projected goals.
8-21 (d) The telecommunications planning and oversight council
8-22 shall make recommendations to the board on ways to improve the
8-23 operation of the consolidated telecommunications system and the
8-24 centralized capitol complex telephone system based on its review of
8-25 their performance and on concerns raised by using entities.
8-26 SECTION 3.11. Section 2054.206, Government Code, is amended
8-27 to read as follows:
8-28 Sec. 2054.206. ANNUAL REPORT. The telecommunications
8-29 planning and oversight council shall submit an annual report to the
8-30 department and to each entity served by the consolidated
8-31 telecommunications system or the centralized capitol complex
8-32 telephone system. The report must include:
8-33 (1) information about the accomplishment of service
8-34 objectives and other performance measures for management of the
8-35 consolidated telecommunications system and the centralized capitol
8-36 complex telephone system;
8-37 (2) information about the accounting and financial
8-38 performance of the consolidated telecommunications system and the
8-39 centralized capitol complex telephone system;
8-40 (3) estimates of savings to entities served by the
8-41 consolidated telecommunications system over standard rates
8-42 available to state agencies who acquire telecommunications services
8-43 directly;
8-44 (4) trends in network use, including the number of
8-45 users, workstations, and locations supported; and
8-46 (5) rate information for services provided by the
8-47 consolidated telecommunications system and the centralized capitol
8-48 complex telephone system. [ADVISORY AGENCIES. The following state
8-49 agencies shall formally advise the telecommunications planning
8-50 group and send representatives to meetings of the group:]
8-51 [(1) the Texas Education Agency;]
8-52 [(2) the Texas Higher Education Coordinating Board;]
8-53 [(3) The Texas A&M University System;]
8-54 [(4) The University of Texas System;]
8-55 [(5) the Telecommunications Infrastructure Fund Board;
8-56 and]
8-57 [(6) the Texas State Library and Archives Commission.]
8-58 SECTION 3.12. Section 2054.207, Government Code, is amended
8-59 to read as follows:
8-60 Sec. 2054.207. REPORT TO LEGISLATURE. The
8-61 telecommunications planning and oversight council [group] shall
8-62 report biennially to the legislature not later than October 1 of
8-63 each even-numbered year on the status of the current plan for a
8-64 state telecommunications network and on the progress state
8-65 government has made towards accomplishing the goals of the plan.
8-66 The report shall address consolidated telecommunications system
8-67 performance, centralized capitol complex telephone system
8-68 performance, telecommunications system needs, and recommended
8-69 statutory changes to enhance system capability and
9-1 cost-effectiveness.
9-2 SECTION 3.13. Subdivision (1), Section 2157.001, Government
9-3 Code, is amended to read as follows:
9-4 (1) "Automated information system" includes:
9-5 (A) the computers and computer devices on which
9-6 an information system is automated, including computers and
9-7 computer devices that the commission identifies in guidelines
9-8 developed by the commission in consultation with the Department of
9-9 Information Resources and in accordance with Chapter 2054 and rules
9-10 adopted under that chapter;
9-11 (B) a service related to the automation of an
9-12 information system, including computer software or computers;
9-13 (C) a telecommunications apparatus or device
9-14 that serves as a component of a voice, data, or video
9-15 communications network for transmitting, switching, routing,
9-16 multiplexing, modulating, amplifying, or receiving signals on the
9-17 network, and services related to telecommunications that are not
9-18 covered under Paragraph (D); and
9-19 (D) for the Department of Information Resources
9-20 [General Services Commission], as telecommunications provider for
9-21 the state, the term includes any service provided by a
9-22 telecommunications provider, as that term is defined by Section
9-23 51.002, Utilities Code.
9-24 SECTION 3.14. Section 2157.121, Government Code, is amended
9-25 by amending Subsection (b) and adding Subsection (c) to read as
9-26 follows:
9-27 (b) A state agency, other than the Department of Information
9-28 Resources, shall send its proposal specifications and criteria to
9-29 the commission for approval or request the commission to develop
9-30 the proposal specifications and criteria.
9-31 (c) The Department of Information Resources may acquire a
9-32 telecommunications device, system, or service or an automated
9-33 information system by using competitive sealed proposals without
9-34 regard to whether the commission makes the determination required
9-35 under Subsection (a) for other state agencies.
9-36 SECTION 3.15. Subsection (a), Section 2170.001, Government
9-37 Code, is amended by adding Subdivision (3) to read as follows:
9-38 (3) "Department" means the Department of Information
9-39 Resources.
9-40 SECTION 3.16. Section 2170.002, Government Code, is amended
9-41 to read as follows:
9-42 Sec. 2170.002. DEPARTMENT [COMMISSION] RESPONSIBLE FOR
9-43 OBTAINING TELECOMMUNICATIONS SERVICES. The department [commission]
9-44 is the state agency responsible for obtaining telecommunications
9-45 services.
9-46 SECTION 3.17. Section 2170.003, Government Code, is amended
9-47 to read as follows:
9-48 Sec. 2170.003. OWNERSHIP OR LEASE OF NECESSARY EQUIPMENT.
9-49 The department [commission] may own, lease, or lease-purchase in
9-50 accordance with Chapters 2155, 2156, 2157, and 2158 any or all of
9-51 the facilities or equipment necessary to provide telecommunications
9-52 services.
9-53 SECTION 3.18. Section 2170.004, Government Code, is amended
9-54 to read as follows:
9-55 Sec. 2170.004. CONTRACTS WITH ENTITIES OTHER THAN STATE
9-56 AGENCIES. The department [commission] may contract for use of the
9-57 consolidated telecommunications system with:
9-58 (1) each house of the legislature;
9-59 (2) a legislative agency;
9-60 (3) an agency that is not a state agency as defined by
9-61 Section 2151.002; and
9-62 (4) a political subdivision, including a county,
9-63 municipality, or district.
9-64 SECTION 3.19. Subsections (a) and (c), Section 2170.005,
9-65 Government Code, are amended to read as follows:
9-66 (a) To ensure efficient operation of the consolidated
9-67 telecommunications system at minimum cost to the state, the
9-68 department [commission] shall adopt and disseminate to all agencies
9-69 appropriate guidelines, operating procedures, and telephone
10-1 directories.
10-2 (c) Telephone directories published by the department
10-3 [commission] under this section and Section 2170.059 must be
10-4 revised regularly and must list state telephone numbers
10-5 alphabetically by the subject matter of agency programs as well as
10-6 alphabetically by agency. The subject matter listing of programs
10-7 and telephone numbers in the telephone directories must be
10-8 consistent with the categorization developed by the Records
10-9 Management Interagency Coordinating Council under Section 441.203
10-10 [441.053]. The department [commission] may authorize, under
10-11 procedures and rules considered appropriate by the department
10-12 [commission], a yellow pages advertising section in the directories
10-13 to recover development, publication, and distribution costs of the
10-14 directories.
10-15 SECTION 3.20. Section 2170.006, Government Code, is amended
10-16 to read as follows:
10-17 Sec. 2170.006. COST-EFFECTIVENESS OF SYSTEM. (a) The
10-18 department [commission], with the advice of the state auditor,
10-19 shall maintain records relating to the consolidated
10-20 telecommunications system necessary to enable the department
10-21 [commission] to analyze the cost-effectiveness of the system to
10-22 state agencies.
10-23 (b) The department [commission] shall advise the legislature
10-24 at each session about the system's cost-effectiveness.
10-25 SECTION 3.21. Section 2170.008, Government Code, is amended
10-26 to read as follows:
10-27 Sec. 2170.008. RATE INTERVENTION. (a) If the department
10-28 [commission] determines there is sufficient economic impact on
10-29 state government, the department [commission] may intervene on
10-30 behalf of state agencies in telecommunications rate cases and may
10-31 hire special counsel and expert witnesses to prepare and present
10-32 testimony.
10-33 (b) The attorney general shall represent the department
10-34 [commission] before the courts in all appeals from rate cases in
10-35 which the department [commission] intervenes.
10-36 SECTION 3.22. Subsections (a) and (c), Section 2170.009,
10-37 Government Code, are amended to read as follows:
10-38 (a) A pay telephone may be located in the capitol complex
10-39 only with the approval of the department [commission]. The
10-40 department [commission] shall collect the revenue from the
10-41 installation and operation of the pay telephone and deposit it to
10-42 the credit of the general revenue fund.
10-43 (c) The department [commission] or other state entity shall
10-44 account for the revenue collected under this section in the
10-45 entity's annual report.
10-46 SECTION 3.23. Section 2170.051, Government Code, is amended
10-47 to read as follows:
10-48 Sec. 2170.051. MANAGEMENT AND USE OF SYSTEM. (a) The
10-49 department [commission] shall manage the operation of a system of
10-50 telecommunications services for all state agencies. Each agency
10-51 shall identify its particular requirements for telecommunications
10-52 services and the site at which the services are to be provided.
10-53 (b) The department [commission] shall fulfill the
10-54 telecommunications requirements of each state agency to the extent
10-55 possible and to the extent that money is appropriated or available
10-56 for that purpose.
10-57 (c) A state agency shall use the consolidated
10-58 telecommunications system to the fullest extent possible. A state
10-59 agency may not acquire telecommunications services unless the
10-60 telecommunications planning and oversight council [group]
10-61 determines that the agency's requirement for telecommunications
10-62 services cannot be met at a comparable cost by the consolidated
10-63 telecommunications system.
10-64 (d) A state agency may not enter into or renew a contract
10-65 with a carrier or other provider of telecommunications services
10-66 without obtaining a waiver from the telecommunications planning and
10-67 oversight council [group] certifying that the requested
10-68 telecommunications services cannot be provided at a comparable cost
10-69 on the consolidated telecommunications system. The
11-1 telecommunications planning and oversight council [group] shall
11-2 evaluate requests for waivers based on cost-effectiveness to the
11-3 state government as a whole. A waiver may be granted only for a
11-4 specific period and will automatically expire on the stated
11-5 expiration date unless an extension is approved by the
11-6 telecommunications planning and oversight council [group]. A
11-7 contract for telecommunications services obtained under waiver may
11-8 not extend beyond the expiration date of the waiver. If the
11-9 telecommunications planning and oversight council [group] becomes
11-10 aware of any state agency receiving telecommunications services
11-11 without a waiver, the telecommunications planning and oversight
11-12 council [group] shall notify the agency and the comptroller. The
11-13 state agency shall have 60 days after notification by the
11-14 telecommunications planning and oversight council [group] in which
11-15 to submit a waiver request to the telecommunications planning and
11-16 oversight council [group] documenting the agency's reasons
11-17 [reasoning] for bypassing the consolidated telecommunications
11-18 system and otherwise providing all information required by the
11-19 waiver application form.
11-20 SECTION 3.24. Section 2170.052, Government Code, is amended
11-21 to read as follows:
11-22 Sec. 2170.052. BALANCING TECHNOLOGICAL ADVANCEMENTS AND
11-23 EXISTING FACILITIES. In the planning, design, implementation, and
11-24 operation of the consolidated telecommunications system, the
11-25 department [commission] shall maintain an appropriate balance
11-26 between the adoption of technological advancements and the
11-27 efficient use of existing facilities and services to avoid
11-28 misapplication of state money and degradation or loss of the
11-29 integrity of existing systems and facilities.
11-30 SECTION 3.25. Section 2170.056, Government Code, is amended
11-31 to read as follows:
11-32 Sec. 2170.056. COSTS TO STATE OF PARALLEL TOLLS. All
11-33 contracts with telecommunications carriers shall provide that the
11-34 department [commission] or any participating agency may obtain any
11-35 information relating to the costs to the state of parallel tolls.
11-36 SECTION 3.26. Subsections (a), (c), and (d), Section
11-37 2170.057, Government Code, are amended to read as follows:
11-38 (a) The department [commission] shall develop a system of
11-39 billings and charges for services provided in operating and
11-40 administering the consolidated telecommunications system that
11-41 allocates the total state cost to each entity served by the system
11-42 based on proportionate usage.
11-43 (c) To provide an adequate cash flow as necessary for
11-44 purposes of this chapter, using state agencies and other entities,
11-45 on proper notification, shall make monthly payments into the
11-46 telecommunications revolving fund account from appropriated or
11-47 other available money. The legislature may appropriate money for
11-48 operating the system directly to the department [commission], in
11-49 which case the revolving fund account shall be used to receive
11-50 money due from local governmental entities and other agencies to
11-51 the extent that their money is not subject to legislative
11-52 appropriation.
11-53 (d) The department [commission] shall maintain in the
11-54 revolving fund account sufficient amounts to pay the bills of the
11-55 consolidated telecommunications system and the centralized capitol
11-56 complex telephone system. The department [commission] shall
11-57 certify amounts that exceed this amount to the comptroller, and the
11-58 comptroller shall transfer the excess amounts to the credit of the
11-59 statewide network applications account established by Section
11-60 2054.011 [22A, Information Resources Management Act (Article
11-61 4413(32j), Revised Statutes)].
11-62 SECTION 3.27. Subsections (b) and (c), Section 2170.058,
11-63 Government Code, are amended to read as follows:
11-64 (b) The department [commission] shall adopt rules that
11-65 govern student access to the system, including:
11-66 (1) times of access to the system; and
11-67 (2) the full recovery of actual costs from each
11-68 student who uses the system.
11-69 (c) In consideration of the duties and responsibilities
12-1 given the department [commission] under this chapter [subtitle], it
12-2 is the policy of this state that a state agency or unit of state
12-3 government may not provide telecommunications products or services
12-4 to the general public in competition with private enterprise unless
12-5 there is a finding that providing the products or services is in
12-6 the public interest. This subsection does not prohibit students
12-7 who reside in housing for which institutions of higher education
12-8 provide telephone service from using service provided under this
12-9 section.
12-10 SECTION 3.28. Section 2170.059, Government Code, is amended
12-11 to read as follows:
12-12 Sec. 2170.059. CENTRALIZED CAPITOL COMPLEX TELEPHONE SYSTEM.
12-13 (a) The department [commission] shall provide centralized
12-14 telephone service for state agencies, each house of the
12-15 legislature, and legislative agencies in the capitol complex.
12-16 State agencies in the capitol complex shall use the service. Each
12-17 house of the legislature and each legislative agency shall use the
12-18 service at the discretion of the legislature. The department
12-19 [commission] may provide the service to other state agencies that
12-20 subscribe to it.
12-21 (b) Each using entity shall make monthly payments to the
12-22 department [commission] when billed by the department [commission].
12-23 (c) Each using entity may arrange for its own terminal
12-24 telephone equipment, but the equipment must be compatible with the
12-25 centralized telephone service. The department [commission] shall
12-26 make terminal equipment available for using entities that choose to
12-27 use that terminal equipment.
12-28 (d) The department [commission] annually shall prepare and
12-29 issue a revised centralized telephone service directory not later
12-30 than March 31.
12-31 SECTION 3.29. Subchapter B, Chapter 2170, Government Code,
12-32 is amended by adding Section 2170.060 to read as follows:
12-33 Sec. 2170.060. QUARTERLY REPORT. The department shall
12-34 quarterly submit a report to the telecommunications planning and
12-35 oversight council on:
12-36 (1) the department's accomplishment of service
12-37 objectives and other performance measures;
12-38 (2) the financial performance of the consolidated
12-39 telecommunications system and the centralized capitol complex
12-40 telephone system; and
12-41 (3) the status of projects for the consolidated
12-42 telecommunications system and the centralized capitol complex
12-43 telephone system.
12-44 SECTION 3.30. Subsection (e), Section 2054.091, Government
12-45 Code, is repealed.
12-46 SECTION 3.31. Section 2170.007, Government Code, is
12-47 repealed.
12-48 SECTION 3.32. On September 1, 2001:
12-49 (1) the Department of Information Resources replaces
12-50 the General Services Commission as the telecommunications services
12-51 provider for state government;
12-52 (2) all functions and activities performed by the
12-53 General Services Commission that relate to providing
12-54 telecommunications services for state government under Chapter
12-55 2170, Government Code, or other law immediately before that date
12-56 are transferred to the Department of Information Resources;
12-57 (3) all employees of the General Services Commission
12-58 who primarily perform duties related to providing
12-59 telecommunications services for state government, including
12-60 employees who provide administrative support for those services,
12-61 under Chapter 2170, Government Code, or other law become employees
12-62 of the Department of Information Resources, but continue to work in
12-63 the same physical location unless moved in accordance with the plan
12-64 created under Section 3.33 of this Act;
12-65 (4) a rule or form adopted by the General Services
12-66 Commission that relates to providing telecommunications services
12-67 for state government under Chapter 2170, Government Code, or other
12-68 law is a rule or form of the Department of Information Resources
12-69 and remains in effect until changed by the department;
13-1 (5) a reference in law to the General Services
13-2 Commission that relates to providing telecommunications services
13-3 for state government under Chapter 2170, Government Code, or other
13-4 law means the Department of Information Resources;
13-5 (6) a waiver in effect that was issued by the General
13-6 Services Commission relating to telecommunications under Chapter
13-7 2170, Government Code, or other law is continued in effect as a
13-8 waiver of the Department of Information Resources;
13-9 (7) a rate case, contract negotiation, or other
13-10 proceeding involving the General Services Commission that is
13-11 related to providing telecommunications services for state
13-12 government under Chapter 2170, Government Code, or other law is
13-13 transferred without change in status to the Department of
13-14 Information Resources, and the Department of Information Resources
13-15 assumes, without a change in status, the position of the General
13-16 Services Commission in a negotiation or proceeding relating to
13-17 telecommunications to which the General Services Commission is a
13-18 party;
13-19 (8) all money, contracts, leases, rights, and
13-20 obligations of the General Services Commission related to providing
13-21 telecommunications services for state government under Chapter
13-22 2170, Government Code, or other law are transferred to the
13-23 Department of Information Resources;
13-24 (9) all property, including records, in the custody of
13-25 the General Services Commission related to providing
13-26 telecommunications services for state government under Chapter
13-27 2170, Government Code, or other law becomes property of the
13-28 Department of Information Resources, but stays in the same physical
13-29 location unless moved in accordance with the plan created under
13-30 Section 3.33 of this Act; and
13-31 (10) all funds appropriated by the legislature to the
13-32 General Services Commission for purposes related to providing
13-33 telecommunications services for state government, including funds
13-34 for providing administrative support for those services such as
13-35 funds to pay the salary and benefits of employees who provide the
13-36 administrative support, under Chapter 2170, Government Code, or
13-37 other law are transferred to the Department of Information
13-38 Resources.
13-39 SECTION 3.33. The General Services Commission and the
13-40 Department of Information Resources shall establish a transition
13-41 plan for the transfer described in Section 3.32 of this Act. The
13-42 plan must include:
13-43 (1) a timetable for any necessary or advisable
13-44 movement of the physical location of employees and property;
13-45 (2) an inventory of all equipment and other property
13-46 required to be transferred;
13-47 (3) a determination of any continued support and
13-48 cooperation the commission must provide the department to ensure an
13-49 efficient continuation of service and of planning for future needs,
13-50 and the period during which continued support and cooperation will
13-51 be necessary; and
13-52 (4) provisions for the immediate access of the
13-53 department to facilities that house telecommunications equipment
13-54 and any related facilities.
13-55 SECTION 3.34. (a) The telecommunications planning group is
13-56 abolished.
13-57 (b) The governor, the lieutenant governor, the speaker of
13-58 the house of representatives, the comptroller of public accounts,
13-59 the executive director of the General Services Commission, the
13-60 commissioner of higher education, the chancellor of The University
13-61 of Texas System, and the chancellor of The Texas A&M University
13-62 System shall make appointments to the telecommunications planning
13-63 and oversight council in accordance with Section 2054.201,
13-64 Government Code, as amended by this Act, as soon as possible after
13-65 September 1, 2001.
13-66 (c) Any powers, duties, rights, contracts, appropriations,
13-67 property, and records of the telecommunications planning group are
13-68 transferred to the telecommunications planning and oversight
13-69 council as created by this Act.
14-1 (d) A rule, policy, plan, waiver, standard, requirement, or
14-2 guideline of the telecommunications planning group continues in
14-3 effect as a rule, policy, plan, waiver, standard, requirement, or
14-4 guideline of the telecommunications planning and oversight council
14-5 until it is superseded by an act of the telecommunications planning
14-6 and oversight council as created by this Act or until it expires
14-7 according to its terms or by operation of law.
14-8 (e) The validity of a rule, policy, plan, requirement,
14-9 guideline, or procedure adopted, waiver granted, contract or
14-10 acquisition made, obligation incurred, right accrued, or other
14-11 action taken by or in connection with the authority of the
14-12 telecommunications planning group before it is abolished under
14-13 Subsection (a) of this section is not affected by the abolishment.
14-14 SECTION 3.35. The telecommunications planning and oversight
14-15 council shall issue the first annual report required under Section
14-16 2054.206, Government Code, as amended by this Act, not later than
14-17 September 1, 2002.
14-18 ARTICLE 4. CONTRACTING GUIDELINES
14-19 SECTION 4.01. Subchapter C, Chapter 2054, Government Code,
14-20 is amended by adding Section 2054.058 to read as follows:
14-21 Sec. 2054.058. CONTRACTING GUIDELINES. (a) The department
14-22 with the assistance of the state auditor's office, the office of
14-23 the attorney general, and the General Services Commission shall
14-24 develop contracting guidelines for state agencies. The guidelines
14-25 must be developed to accommodate the varying needs of state
14-26 agencies. The department shall include in the guidelines
14-27 information regarding:
14-28 (1) contract monitoring;
14-29 (2) contractor selection;
14-30 (3) subcontractor performance; and
14-31 (4) standard contract provisions for common types of
14-32 contracts.
14-33 (b) The department shall:
14-34 (1) create training materials for state agency
14-35 personnel who are directly or indirectly involved with contracts;
14-36 (2) provide ongoing assistance and support for state
14-37 agency contracting efforts;
14-38 (3) enter into an interagency agreement with the
14-39 office of the attorney general for legal assistance necessary in
14-40 implementing this section; and
14-41 (4) identify the types of contracts that pose a risk
14-42 of loss to the state and require enhanced contract monitoring, and
14-43 rank the types of contracts according to the amount of risk posed.
14-44 (c) Each state agency shall comply with the contracting
14-45 guidelines developed by the department under this section.
14-46 (d) The contracting guidelines developed by the department
14-47 apply only to procurements made with appropriated money.
14-48 SECTION 4.02. (a) An interagency work group is created to
14-49 assist the Department of Information Resources in developing
14-50 contracting guidelines for state agency use under Section 2054.058,
14-51 Government Code, as added by this Act.
14-52 (b) The interagency work group is composed of:
14-53 (1) a representative of:
14-54 (A) the state auditor's office, appointed by the
14-55 state auditor;
14-56 (B) the office of the attorney general,
14-57 appointed by the attorney general;
14-58 (C) the comptroller's office, appointed by the
14-59 comptroller of public accounts; and
14-60 (D) the General Services Commission, appointed
14-61 by the executive director of the commission; and
14-62 (2) additional members appointed by the governing
14-63 board of the Department of Information Resources from:
14-64 (A) institutions of higher education; and
14-65 (B) other state agencies.
14-66 (c) The interagency work group expires on September 1, 2002,
14-67 unless reconvened by the Department of Information Resources, as
14-68 needed.
15-1 ARTICLE 5. COMMERCIALLY AVAILABLE ACTIVITIES
15-2 SECTION 5.01. Chapter 2152, Government Code, is amended by
15-3 adding Subchapter D to read as follows:
15-4 SUBCHAPTER D. COMMERCIALLY AVAILABLE ACTIVITIES
15-5 Sec. 2152.151. REVIEW PROCESS. (a) The commission shall
15-6 develop a systematic review process to identify commercially
15-7 available services being performed by the commission and study the
15-8 services to determine if they may be better provided by other state
15-9 agency providers of the services or private commercial sources.
15-10 (b) In reviewing its services, the commission shall:
15-11 (1) determine whether competitive vendors exist in the
15-12 private sector;
15-13 (2) compare the cost of contracting for the services
15-14 from other state agency providers of the services or private
15-15 commercial sources to the commission's cost of performing the
15-16 services; and
15-17 (3) document cost savings from contracting for the
15-18 services from other state agency providers of the services or
15-19 private commercial sources.
15-20 (c) Each commercially available service performed by the
15-21 commission shall be reviewed at least once every six years.
15-22 (d) The commission shall consult with the State Council on
15-23 Competitive Government as necessary in planning and conducting its
15-24 reviews under this subchapter.
15-25 Sec. 2152.152. COST COMPARISON AND CONTRACT CONSIDERATIONS.
15-26 (a) The commission shall consider all of its direct and indirect
15-27 costs in determining the cost of providing a service.
15-28 (b) In comparing the cost of providing a service, the
15-29 commission must include the:
15-30 (1) cost of supervising the work of a private
15-31 contractor; and
15-32 (2) cost to the state of the commission's performance
15-33 of the service, including:
15-34 (A) the costs of the comptroller's office, the
15-35 office of the attorney general, and other support agencies; and
15-36 (B) other indirect costs related to the
15-37 commission's performance of the service.
15-38 Sec. 2152.153. CONTRACTING WITH ANOTHER STATE AGENCY OR
15-39 PRIVATE SOURCE. (a) If the commission determines that a service
15-40 can be performed with a comparable or better level of quality at a
15-41 savings to the state of at least 10 percent by using other state
15-42 agency providers of the service or a private commercial source, the
15-43 commission may contract with other state agency providers of the
15-44 services or private commercial sources for the service.
15-45 (b) The commission maintains responsibility for providing a
15-46 contracted service and shall set measurable performance standards
15-47 for a contractor.
15-48 Sec. 2152.154. PROHIBITION. The commission may not begin
15-49 providing a service it did not already provide as of September 1,
15-50 2001, unless, after conducting an in-depth analysis on cost in
15-51 accordance with Section 2152.152 and on availability of a service,
15-52 it determines that it can perform the service at a higher level of
15-53 quality or at a lower cost than other state agency providers of the
15-54 service or private commercial sources.
15-55 ARTICLE 6. ELECTRONIC COMMERCE; TRAVEL
15-56 SECTION 6.01. Subsection (a), Section 2155.062, Government
15-57 Code, is amended to read as follows:
15-58 (a) In purchasing goods and services the commission may use,
15-59 but is not limited to, the:
15-60 (1) contract purchase procedure;
15-61 (2) multiple award contract procedure; [or]
15-62 (3) open market purchase procedure; or
15-63 (4) reverse auction procedure.
15-64 SECTION 6.02. Subsections (c), (d), (f), (k), and (l),
15-65 Section 2155.083, Government Code, are amended to read as follows:
15-66 (c) The commission [department] each business day shall
15-67 produce and post a business daily in an electronic format. The
15-68 commission [department] shall post in the business daily
15-69 information as prescribed by this section about each state agency
16-1 procurement that will exceed $25,000 in value. The commission
16-2 [department] shall also post in the business daily other
16-3 information relating to the business activity of the state that the
16-4 commission [department] considers to be of interest to the public.
16-5 (d) The commission [department] shall make the business
16-6 daily available on the Internet [through its information service
16-7 known as the Texas Marketplace or through a suitable successor
16-8 information service that will make the information available on the
16-9 Internet]. Each [The department and each] state agency shall
16-10 cooperate with the commission in making the electronic business
16-11 daily available.
16-12 (f) The commission [department] and other state agencies may
16-13 not charge a fee designed to recover the cost of preparing and
16-14 gathering the information that is published in the business daily.
16-15 These costs are considered part of a procuring agency's
16-16 responsibility to publicly inform potential bidders or offerors of
16-17 its procurement opportunities.
16-18 (k) Each state agency that will award a procurement contract
16-19 estimated to exceed $25,000 in value shall send to the commission
16-20 [department]:
16-21 (1) the information the commission [department]
16-22 requires for posting in the state business daily under this
16-23 section; and
16-24 (2) a notice when the procurement contract has been
16-25 awarded or when the state agency has decided to not make the
16-26 procurement.
16-27 (l) The commission [department] may adopt rules, prescribe
16-28 forms, and require information to administer this section. The
16-29 commission [department] shall send any proposed rules to the
16-30 governor, Legislative Budget Board, comptroller, and state auditor
16-31 [, and commission] for review and comment. The commission's
16-32 [department's] rules shall require that each state agency[, to the
16-33 extent feasible,] shall directly and electronically post its own
16-34 notices or solicitation packages under Subsections (g) and (h).
16-35 SECTION 6.03. Subsections (a) and (b), Section 2156.003,
16-36 Government Code, are amended to read as follows:
16-37 (a) The commission shall electronically maintain a bidders
16-38 list that is integrated into the electronic procurement marketplace
16-39 established by the Department of Information Resources. If the
16-40 commission determines that it is in the state's best interest, the
16-41 commission may also maintain the list on paper. The commission may
16-42 [and] add or delete names from the list according to applicable
16-43 standards provided by Section 2156.007.
16-44 (b) In addition to any requirements of Chapter 2177, an [An]
16-45 invitation to bid on an item to be purchased may be sent
16-46 electronically [only] to a vendor on the bidders list who has
16-47 expressed a desire to bid on that type of item.
16-48 SECTION 6.04. Section 2171.052, Government Code, is amended
16-49 by adding Subsection (e) to read as follows:
16-50 (e) The commission shall maintain at least one contract with
16-51 a provider of travel services that offers reservation and ticketing
16-52 services in person or by telephone.
16-53 SECTION 6.05. Subchapter B, Chapter 2171, Government Code,
16-54 is amended by adding Section 2171.0521 to read as follows:
16-55 Sec. 2171.0521. ONLINE RESERVATION AND TICKETING SYSTEM.
16-56 (a) The Department of Information Resources, in consultation with
16-57 the commission, shall establish an online travel reservation and
16-58 ticketing system for use by state agencies participating in the
16-59 commission's contracts for travel services. The Department of
16-60 Information Resources, in consultation with the commission, shall
16-61 enter into contracts with private or public entities to establish a
16-62 secure system for use by state employees traveling on state
16-63 business. Reservations must be made with a state-issued credit
16-64 card.
16-65 (b) When the online reservation and ticketing system becomes
16-66 fully operational, as determined by the Department of Information
16-67 Resources, the commission shall assume management and
16-68 administrative responsibility for the system. The commission, in
16-69 consultation with the Department of Information Resources, shall
17-1 enter into contracts with private or public entities to maintain
17-2 all or part of the system.
17-3 (c) The preference in Section 2171.052(c) for a resident
17-4 entity of this state does not apply to this section.
17-5 (d) A state agency may use the online reservation and
17-6 ticketing system to make travel reservations for a state employee
17-7 traveling on state business.
17-8 SECTION 6.06. Chapter 2177, Government Code, is amended to
17-9 read as follows:
17-10 CHAPTER 2177. ELECTRONIC COMMERCE
17-11 SUBCHAPTER A. GENERAL PROVISIONS
17-12 Sec. 2177.001. DEFINITIONS. In this chapter:
17-13 (1) "Department" means the Department of Information
17-14 Resources.
17-15 (2) "Electronic procurement system" means the
17-16 electronic system for procuring goods and services consisting of
17-17 the electronic procurement marketplace created under Subchapter B
17-18 and the electronic commerce network created under Subchapter C.
17-19 Sec. 2177.002. SMALL AND HISTORICALLY UNDERUTILIZED
17-20 BUSINESSES. The commission and the department shall ensure that
17-21 small and historically underutilized businesses have maximum access
17-22 to electronic commerce opportunities.
17-23 Sec. 2177.003. CONSULTATION. The commission, at least
17-24 quarterly, shall consult with the following entities to ensure that
17-25 the electronic procurement system meets the needs of users of the
17-26 system:
17-27 (1) the department;
17-28 (2) the comptroller;
17-29 (3) the state auditor;
17-30 (4) groups, including coordinating councils, created
17-31 by the commission to assist with electronic commerce initiatives;
17-32 (5) the vendor advisory committee established under
17-33 Section 2155.081; and
17-34 (6) other state agencies and local governments that
17-35 use the system.
17-36 Sec. 2177.004. INTEGRATION WITH TEXAS ONLINE. (a) The
17-37 department, with the assistance of the commission, shall assess
17-38 whether all or parts of the electronic procurement system should be
17-39 enhanced by or integrated into the project known as Texas Online
17-40 that is a continuation of the demonstration project authorized by
17-41 Section 2054.062 as enacted by the 76th Legislature.
17-42 (b) Based on the assessment, the department and the
17-43 commission may integrate all or parts of the electronic procurement
17-44 system into Texas Online or use features of Texas Online to enhance
17-45 the electronic procurement system.
17-46 SUBCHAPTER B. ELECTRONIC PROCUREMENT MARKETPLACE
17-47 Sec. 2177.051. ELECTRONIC PROCUREMENT MARKETPLACE. (a) The
17-48 department, in consultation with the commission, shall establish
17-49 [and manage] an electronic procurement marketplace. The
17-50 department, in consultation with the commission, may enter into
17-51 contracts with private or public entities to establish [or
17-52 maintain] all or part of the databases comprising the marketplace,
17-53 to the extent feasible, including contracts to procure hardware or
17-54 software. The department, in consultation with the commission,
17-55 shall procure all goods and services related to the marketplace
17-56 through a competitive selection process appropriate for the good or
17-57 service being acquired.
17-58 (b) The department [commission], in consultation with the
17-59 commission [Department of Information Resources], shall define
17-60 standards, including keyword and product code standards, for the
17-61 electronic procurement marketplace. The marketplace may contain:
17-62 (1) information relevant to the state's standard
17-63 procurement specifications for goods and services;
17-64 (2) information about vendors, including [information
17-65 from the centralized master bidders list and] vendor performance
17-66 information;
17-67 (3) information about products, including product
17-68 testing results;
17-69 (4) historical purchasing information, qualified
18-1 purchase lists, and trends; [and]
18-2 (5) information about the availability of surplus
18-3 property; and
18-4 (6) information about recycled, remanufactured, or
18-5 environmentally sensitive commodities or services, including
18-6 commodities or services identified under Section 2155.448.
18-7 (c) The department, in consultation with the commission,
18-8 shall integrate the business daily into the electronic procurement
18-9 marketplace.
18-10 (d) The department, in consultation with the commission, may
18-11 adopt rules relating to the design and use of the electronic
18-12 procurement marketplace that concern the technical requirements of
18-13 the marketplace. The commission, in consultation with the
18-14 department, may adopt rules relating to the use of the marketplace
18-15 for its intended purpose, including rules that require state
18-16 agencies to provide information for or receive information from the
18-17 marketplace.
18-18 (e) When the electronic procurement marketplace becomes
18-19 fully operational, as determined by the department, the commission
18-20 shall assume management and administrative responsibility for the
18-21 marketplace. The commission, in consultation with the department,
18-22 may enter into contracts with private or public entities to
18-23 maintain all or part of the databases comprising the marketplace.
18-24 (f) [(d)] The commission may make state procurement
18-25 information available to political subdivisions through the
18-26 electronic procurement marketplace on a fee-for-service basis. The
18-27 commission shall set the fees in an amount that recovers the
18-28 state's costs in providing the access to a political subdivision.
18-29 (g) [(e)] Before developing a contract for the procurement
18-30 of a good or service, a state agency shall [may] use the electronic
18-31 procurement marketplace as prescribed by this chapter and
18-32 commission rules [to determine the most appropriate method for
18-33 acquiring the good or service].
18-34 (h) [(f)] The marketplace may contain:
18-35 (1) information relevant to the state's standard
18-36 procurement specifications for goods and services;
18-37 (2) information about vendors, including [information
18-38 from the centralized master bidders list and] vendor performance
18-39 information;
18-40 (3) information about products, including product
18-41 testing results; and
18-42 (4) historical purchasing information, qualified
18-43 purchase lists, and trends.
18-44 (i) [(g)] The commission may require information from a
18-45 state agency for inclusion in the electronic procurement
18-46 marketplace.
18-47 SUBCHAPTER C. ELECTRONIC COMMERCE NETWORK
18-48 Sec. 2177.101. EXCEPTIONS. (a) This subchapter does not
18-49 apply to procurements for major construction projects, as defined
18-50 by the commission in consultation with the department, such as
18-51 procurements made under Chapter 223, Transportation Code. In
18-52 defining a major construction project, the commission shall base
18-53 its decision on whether the nature of the project, any related
18-54 contract or specifications, or other considerations are of a type
18-55 that would make electronic procurement inappropriate.
18-56 (b) The exceptions listed under Section 2166.003(a) apply as
18-57 exceptions to this subchapter.
18-58 Sec. 2177.102 [2177.002]. ELECTRONIC COMMERCE NETWORK.
18-59 (a) The department, in consultation with the commission, shall
18-60 establish [and manage] an electronic commerce network, to the
18-61 extent feasible, under which the state's purchasing transactions
18-62 with vendors can be accomplished electronically by means of
18-63 facsimile transmissions and on-line transmission of necessary
18-64 information. The department, in consultation with the commission,
18-65 may adopt rules relating to the design and use of the electronic
18-66 commerce network that concern the technical requirements of the
18-67 network. The commission, in consultation with the department, may
18-68 adopt rules relating to the use of the network for its intended
18-69 purpose. [The commission shall comply with applicable rules of the
19-1 Department of Information Resources to the extent that they are
19-2 based on the standard data protocol developed by the American
19-3 National Standards Institute known as electronic data interchange
19-4 or on other efficient standards as determined by the commission.]
19-5 (b) The department, in consultation with the commission, may
19-6 enter into contracts with one or more public or private entities to
19-7 establish [or support] various elements of the network. The
19-8 department, in consultation with the commission, shall procure all
19-9 goods and services related to the network through the competitive
19-10 selection process appropriate for the good or service being
19-11 acquired.
19-12 (c) The department, in consultation with the commission, may
19-13 provide for a gateway between the electronic procurement
19-14 marketplace and the electronic commerce network so that the
19-15 elements of a procurement transaction that are within state
19-16 government and the elements of a procurement transaction that
19-17 involve communication with a vendor may all be accomplished
19-18 electronically.
19-19 (d) When the electronic commerce network becomes fully
19-20 operational, as determined by the department, the commission shall
19-21 assume management and administrative responsibility for the
19-22 network. The commission, in consultation with the department, may
19-23 enter into contracts with one or more public or private entities to
19-24 maintain or support various elements of the network.
19-25 (e) Each state agency [that is capable of participating in
19-26 the electronic commerce network] must participate in the network
19-27 and participate in contracts entered into by the department or the
19-28 commission for the establishment or support of the network. The
19-29 commission shall charge an agency a fee for network services
19-30 provided to the agency by the commission or by a contractor so that
19-31 the cost of providing network services to an agency is paid by the
19-32 agency.
19-33 (f) [(e)] The commission may allow political subdivisions
19-34 and other public entities that are members of the commission's
19-35 cooperative purchasing program to participate in the electronic
19-36 commerce network. The commission shall require that a
19-37 participating political subdivision or other entity is charged a
19-38 fee for the network services in the same manner that participating
19-39 state agencies are charged fees under Subsection (e) [(d)].
19-40 (g) [(f)] The commission may also charge private businesses
19-41 a fee for accessing the network.
19-42 (h) [(g)] The commission may:
19-43 (1) adopt rules relating to the management or support
19-44 of the network [to administer this section]; and
19-45 (2) require participating state agencies, political
19-46 subdivisions, and other public entities to designate a network
19-47 coordinator.
19-48 (i) [(h)] The requirements of this subchapter [section and
19-49 Section 2177.003] are in addition to the requirements of other law
19-50 relating to the solicitation of bids, proposals, or expressions of
19-51 interest for a procurement by the commission or another state
19-52 agency. This subchapter does [section and Section 2177.003 do] not
19-53 affect any other law that requires the commission or another state
19-54 agency to award a procurement contract through competitive bidding,
19-55 competitive sealed proposals, or another method.
19-56 Sec. 2177.103 [2177.003]. PARTICIPATION BY STATE AGENCIES IN
19-57 ELECTRONIC COMMERCE NETWORK. (a) Each state agency shall send to
19-58 the commission for posting on the electronic commerce network
19-59 information on each procurement contract the commission, in
19-60 consultation with the department, determines is appropriate for
19-61 electronic procurement [the value of which will exceed the amount
19-62 of the agency's delegated purchasing authority under Section
19-63 2155.132]:
19-64 (1) without regard to the source of funds the agency
19-65 will use for the procurement; and
19-66 (2) including a procurement that is:
19-67 (A) a procurement by a state agency that is
19-68 otherwise exempt from the commission's purchasing authority;
19-69 (B) made under delegated purchasing authority
20-1 under Section 2155.131; or
20-2 (C) [related to a construction project; or]
20-3 [(D)] a procurement of professional or
20-4 consulting services.
20-5 (b) The commission and each state agency shall include in
20-6 the information placed on the electronic commerce network[, to the
20-7 extent it is feasible,] the following information for each
20-8 procurement that the commission will make or that another state
20-9 agency will make under Subsection (a):
20-10 (1) a description of the goods or services to be
20-11 procured;
20-12 (2) the estimated quantity of the goods or services to
20-13 be procured;
20-14 (3) if applicable, the previous price paid by the
20-15 commission or another state agency for the same or similar goods or
20-16 services;
20-17 (4) the estimated date on which the goods or services
20-18 to be procured will be needed; and
20-19 (5) the name, business mailing address, and business
20-20 telephone number of the commission employee or other state agency
20-21 employee a person can contact to obtain all necessary information
20-22 relating to making a bid or proposal or other applicable expression
20-23 of interest for the procurement contract.
20-24 (c) The commission shall also post on the electronic
20-25 commerce network other information relating to the business
20-26 activity of the state that the commission considers to be of
20-27 interest to the public. Each state agency shall provide the
20-28 commission with information the commission requires for purposes of
20-29 this subsection in a format prescribed by the commission.
20-30 (d) Each state agency that will award a contract that has
20-31 been placed on the electronic commerce network under Subsection (a)
20-32 shall place notification of the awarding of the contract on the
20-33 electronic commerce network.
20-34 SECTION 6.07. Subsection (b), Section 2155.083, Government
20-35 Code, is repealed.
20-36 SECTION 6.08. On September 1, 2001:
20-37 (1) all functions and activities performed by the
20-38 General Services Commission relating to the establishment of the
20-39 electronic procurement marketplace or the electronic commerce
20-40 network under Chapter 2177, Government Code, immediately before
20-41 that date are transferred to the Department of Information
20-42 Resources;
20-43 (2) a rule or form adopted by the General Services
20-44 Commission that relates to the establishment of the electronic
20-45 procurement marketplace or the electronic commerce network under
20-46 Chapter 2177, Government Code, is a rule or form of the Department
20-47 of Information Resources and remains in effect until changed by the
20-48 department;
20-49 (3) a reference in law to the General Services
20-50 Commission that relates to the establishment of the electronic
20-51 procurement marketplace or the electronic commerce network under
20-52 Chapter 2177, Government Code, means the Department of Information
20-53 Resources;
20-54 (4) a contract negotiation or other proceeding
20-55 involving the General Services Commission that is related to the
20-56 establishment of the electronic procurement marketplace or the
20-57 electronic commerce network under Chapter 2177, Government Code, is
20-58 transferred without change in status to the Department of
20-59 Information Resources, and the Department of Information Resources
20-60 assumes, without a change in status, the position of the General
20-61 Services Commission in the negotiation or proceeding to which the
20-62 General Services Commission is a party;
20-63 (5) all money, contracts, leases, rights, and
20-64 obligations of the General Services Commission related to the
20-65 establishment of the electronic procurement marketplace or the
20-66 electronic commerce network under Chapter 2177, Government Code,
20-67 are transferred to the Department of Information Resources;
20-68 (6) all property, including records, in the custody of
20-69 the General Services Commission related to the establishment of the
21-1 electronic procurement marketplace or the electronic commerce
21-2 network under Chapter 2177, Government Code, is transferred to the
21-3 Department of Information Resources; and
21-4 (7) all funds appropriated by the legislature to the
21-5 General Services Commission related to the establishment of the
21-6 electronic procurement marketplace or the electronic commerce
21-7 network under Chapter 2177, Government Code, are transferred to the
21-8 Department of Information Resources.
21-9 SECTION 6.09. The General Services Commission and the
21-10 Department of Information Resources shall work together to
21-11 administer the transfer prescribed by this article and to ensure
21-12 that the personnel of the General Services Commission who primarily
21-13 perform duties related to the establishment of the electronic
21-14 procurement marketplace or the electronic commerce network under
21-15 Chapter 2177, Government Code, are loaned to the Department of
21-16 Information Resources until the electronic procurement marketplace
21-17 and the electronic commerce network under Chapter 2177, Government
21-18 Code, become fully operational as determined by the Department of
21-19 Information Resources.
21-20 SECTION 6.10. Once the electronic procurement marketplace
21-21 and the electronic commerce network under Chapter 2177, Government
21-22 Code, as amended by this Act, become fully operational as
21-23 determined by the Department of Information Resources, all funds,
21-24 obligations, contracts, property, and records of the Department of
21-25 Information Resources related to the marketplace and network become
21-26 the funds, obligations, contracts, property, and records of the
21-27 General Services Commission.
21-28 SECTION 6.11. Once the online reservation and ticketing
21-29 system under Chapter 2171, Government Code, as amended by this Act,
21-30 becomes fully operational as determined by the Department of
21-31 Information Resources, all funds, obligations, contracts, property,
21-32 and records of the Department of Information Resources related to
21-33 the system become the funds, obligations, contracts, property, and
21-34 records of the General Services Commission.
21-35 SECTION 6.12. On September 1, 2001:
21-36 (1) all functions and activities performed by the
21-37 Texas Department of Economic Development relating to the business
21-38 daily under Chapter 2155, Government Code, or other law immediately
21-39 before that date are transferred to the General Services
21-40 Commission;
21-41 (2) a rule or form adopted by the Texas Department of
21-42 Economic Development that relates to the business daily under
21-43 Chapter 2155, Government Code, or other law is a rule or form of
21-44 the General Services Commission and remains in effect until altered
21-45 by the commission;
21-46 (3) a reference in law to the Texas Department of
21-47 Economic Development that relates to the business daily under
21-48 Chapter 2155, Government Code, or other law means the General
21-49 Services Commission;
21-50 (4) all rights and obligations of the Texas Department
21-51 of Economic Development related to the business daily under Chapter
21-52 2155, Government Code, or other law are transferred to the General
21-53 Services Commission; and
21-54 (5) all property, including records, in the custody of
21-55 the Texas Department of Economic Development related to the
21-56 business daily under Chapter 2155, Government Code, or other law is
21-57 transferred to the General Services Commission.
21-58 SECTION 6.13. The Department of Information Resources shall
21-59 have the online reservation and ticketing system created under
21-60 Section 2171.0521, Government Code, as added by this Act, fully
21-61 operational by September 1, 2002.
21-62 ARTICLE 7. STATE CEMETERY
21-63 SECTION 7.01. Subsection (a), Section 2165.256, Government
21-64 Code, is amended to read as follows:
21-65 (a) The State Cemetery Committee shall oversee all
21-66 operations of the State Cemetery. The committee shall develop a
21-67 budget for the operations of the commission relating to the State
21-68 Cemetery and determine the salary of employees of the commission
21-69 whose duties primarily relate to the operation of the State
22-1 Cemetery.
22-2 SECTION 7.02. Section 2165.2561, Government Code, is amended
22-3 by amending Subsection (k) and adding Subsections (n) through (u)
22-4 to read as follows:
22-5 (k) The legislature shall separately appropriate money to
22-6 the committee within the appropriations to the General Services
22-7 Commission for all matters relating to the operation of the State
22-8 Cemetery. [At the direction of the committee, the General Services
22-9 Commission shall spend money appropriated to or budgeted by the
22-10 General Services Commission for State Cemetery purposes.]
22-11 Activities relating to maintenance of the State Cemetery grounds
22-12 and monuments shall conform to guidelines for historic preservation
22-13 submitted to the committee by the Texas Historical Commission.
22-14 (n) It is a ground for removal from the committee that a
22-15 member:
22-16 (1) does not have at the time of taking office the
22-17 qualifications required by Subsection (a);
22-18 (2) does not maintain during service on the committee
22-19 the qualifications required by Subsection (a);
22-20 (3) is ineligible for membership under Subsection (g)
22-21 or (h);
22-22 (4) cannot, because of illness or disability,
22-23 discharge the member's duties for a substantial part of the
22-24 member's term; or
22-25 (5) is absent from more than half of the regularly
22-26 scheduled committee meetings that the member is eligible to attend
22-27 during a calendar year without an excuse approved by a majority
22-28 vote of the committee.
22-29 (o) The validity of an action of the committee is not
22-30 affected by the fact that it is taken when a ground for removal of
22-31 a committee member exists.
22-32 (p) If the executive director of the commission has
22-33 knowledge that a potential ground for removal exists, the executive
22-34 director shall notify the presiding officer of the committee of the
22-35 potential ground. The presiding officer shall then notify the
22-36 governor and the attorney general that a potential ground for
22-37 removal exists. If the potential ground for removal involves the
22-38 presiding officer, the executive director shall notify the next
22-39 highest ranking officer of the committee, who shall then notify the
22-40 governor and the attorney general that a potential ground for
22-41 removal exists.
22-42 (q) The executive director of the commission or the
22-43 executive director's designee shall provide to members of the
22-44 committee, as often as necessary, information regarding the
22-45 requirements for office under this chapter, including information
22-46 regarding a person's responsibilities under applicable laws
22-47 relating to standards of conduct for state officers.
22-48 (r) A person who is appointed to and qualifies for office as
22-49 a member of the committee may not vote, deliberate, or be counted
22-50 as a member in attendance at a meeting of the committee until the
22-51 person completes a training program that complies with this
22-52 subsection. The training program must provide the person with
22-53 information regarding:
22-54 (1) the legislation that created the State Cemetery
22-55 and the State Cemetery Committee;
22-56 (2) the programs operated by the committee;
22-57 (3) the role and functions of the committee;
22-58 (4) the rules of the committee, with an emphasis on
22-59 any rules that relate to disciplinary and investigatory authority;
22-60 (5) the current budget for the committee;
22-61 (6) the results of the most recent formal audit of
22-62 cemetery operations;
22-63 (7) the requirements of:
22-64 (A) the open meetings law, Chapter 551;
22-65 (B) the public information law, Chapter 552;
22-66 (C) the administrative procedure law, Chapter
22-67 2001; and
22-68 (D) other laws relating to public officials,
22-69 including conflict-of-interest laws; and
23-1 (8) any applicable ethics policies adopted by the
23-2 commission, the committee, or the Texas Ethics Commission.
23-3 (s) A person appointed to the committee is entitled to
23-4 reimbursement, as provided by Chapter 660 and the General
23-5 Appropriations Act, for the travel expenses incurred in attending
23-6 the training program regardless of whether the attendance at the
23-7 program occurs before or after the person qualifies for office.
23-8 (t) The committee shall develop and implement policies that
23-9 clearly separate the policymaking responsibilities of the committee
23-10 and the management responsibilities of the executive director of
23-11 the commission and staff of the cemetery.
23-12 (u) The committee shall develop and implement policies that
23-13 provide the public with a reasonable opportunity to appear before
23-14 the committee and to speak on any issue under the jurisdiction of
23-15 the committee.
23-16 SECTION 7.03. (a) The changes in law made by this Act in
23-17 the prohibitions and qualifications applying to members of the
23-18 State Cemetery Committee do not affect the entitlement of a member
23-19 serving on the committee immediately before September 1, 2001, to
23-20 continue to serve and function as a member of the committee for the
23-21 remainder of the member's term. The changes in law apply only to a
23-22 member appointed on or after September 1, 2001. This Act does not
23-23 prohibit a person who is a member of the State Cemetery Committee
23-24 immediately before September 1, 2001, from being reappointed as a
23-25 committee member if the person has the qualifications required for
23-26 the position under Chapter 2165, Government Code, as amended by
23-27 this Act.
23-28 (b) Subsection (r), Section 2165.2561, Government Code, as
23-29 added by this Act, does not apply to a member of the State Cemetery
23-30 Committee until March 1, 2002.
23-31 SECTION 7.04. The changes in law made by this Act to the
23-32 State Cemetery's appropriations process apply in relation to the
23-33 fiscal biennium beginning on September 1, 2003.
23-34 ARTICLE 8. CONTRACTING METHODS FOR CONSTRUCTION
23-35 OF STATE FACILITIES
23-36 SECTION 8.01. Subchapter F, Chapter 2166, Government Code,
23-37 is amended by adding Section 2166.2511 to read as follows:
23-38 Sec. 2166.2511. DEFINITIONS. In this subchapter:
23-39 (1) "Architect" means an individual registered as an
23-40 architect under Chapter 478, Acts of the 45th Legislature, Regular
23-41 Session, 1937 (Article 249a, Vernon's Texas Civil Statutes).
23-42 (2) "Contractor" in the context of a contract for a
23-43 project means a sole proprietorship, partnership, corporation, or
23-44 other legal entity that assumes the risk for constructing,
23-45 rehabilitating, altering, or repairing all or part of the project
23-46 at the contracted price.
23-47 (3) "Engineer" means an individual registered as a
23-48 professional engineer under The Texas Engineering Practice Act
23-49 (Article 3271a, Vernon's Texas Civil Statutes).
23-50 (4) "Facility" means real property, including
23-51 buildings and associated structures and improved or unimproved
23-52 land.
23-53 (5) "Fee" in the context of a contract for a project
23-54 means the payment a construction manager receives for its overhead
23-55 and profit in performing its services.
23-56 (6) "General conditions" in the context of a contract
23-57 for a project means on-site management, administrative personnel,
23-58 insurance, bonds, equipment, utilities, and incidental work,
23-59 including minor field labor and materials.
23-60 SECTION 8.02. Subchapter F, Chapter 2166, Government Code,
23-61 is amended by adding Section 2166.2525 to read as follows:
23-62 Sec. 2166.2525. DETERMINATION OF CONTRACTING METHOD. The
23-63 commission shall adopt rules that determine the circumstances for
23-64 use of each method of contracting allowed under this subchapter for
23-65 design and construction services. In developing the rules, the
23-66 commission shall solicit advice and comment from design and
23-67 construction professionals regarding the criteria the commission
23-68 will use in determining which contracting method is best suited for
23-69 a project.
24-1 SECTION 8.03. Subchapter F, Chapter 2166, Government Code,
24-2 is amended by adding Section 2166.2526 to read as follows:
24-3 Sec. 2166.2526. EVALUATION OF BIDS AND PROPOSALS FOR
24-4 CONSTRUCTION SERVICES. (a) For each project, the commission must,
24-5 before advertising, establish which method of contracting provides
24-6 the best value for the commission or using agency.
24-7 (b) Under each method of contracting, the commission shall
24-8 base its selection among the offerors on criteria established by
24-9 the commission. The commission shall publish in the request for
24-10 bids, proposals, or qualifications all of the criteria that will be
24-11 used to evaluate the offerors.
24-12 (c) The commission shall document the basis of its selection
24-13 of an offeror and shall make the evaluations public not later than
24-14 the seventh day after the date the contract is awarded.
24-15 SECTION 8.04. Section 2166.253, Government Code, is amended
24-16 to read as follows:
24-17 Sec. 2166.253. LOWEST AND BEST BID METHOD [BIDDING
24-18 PROCEDURES]. (a) The commission may use the lowest and best bid
24-19 method for a project. In using that method, the commission shall
24-20 follow the procedures provided by Subsections (b)-(g).
24-21 (b) After final approval of a project's working plans and
24-22 specifications and their acceptance by a using agency, the
24-23 commission shall advertise in one newspaper of general circulation
24-24 and the Texas Register for bids or proposals for the construction
24-25 of and related work on the project.
24-26 (c) [(b)] Except as provided by Subsection (d) [(c)], the
24-27 commission shall allow bidders not less than 30 days after the date
24-28 the commission issues the bid documents to respond to an invitation
24-29 to bid.
24-30 (d) [(c)] The commission shall allow bidders for small
24-31 construction projects not less than 14 days after the date the
24-32 commission issues the bid documents to respond to an invitation to
24-33 bid.
24-34 (e) [(d)] The commission may shorten the time for response
24-35 to prevent undue additional costs to a state agency or, for
24-36 emergency projects, to prevent or remove a hazard to life or
24-37 property.
24-38 (f) A contract shall be awarded to the qualified bidder
24-39 making the lowest and best bid in accordance with the law on
24-40 awarding a state contract.
24-41 (g) The commission may reject all bids.
24-42 SECTION 8.05. Subchapter F, Chapter 2166, Government Code,
24-43 is amended by adding Section 2166.2531 to read as follows:
24-44 Sec. 2166.2531. DESIGN-BUILD METHOD. (a) In this section:
24-45 (1) "Design-build contract" means a single contract
24-46 with a design-build firm for the design and construction of a
24-47 facility.
24-48 (2) "Design-build firm" means a partnership,
24-49 corporation, or other legal entity or team that includes an
24-50 engineer or architect and a builder qualified to engage in building
24-51 construction in this state.
24-52 (3) "Design criteria package" means a set of documents
24-53 that provides sufficient information to permit a design-build firm
24-54 to prepare a response to the commission's request for
24-55 qualifications and any additional information requested, including
24-56 criteria for selection. The design criteria package must specify
24-57 criteria the commission considers necessary to describe the project
24-58 and may include, as appropriate, the legal description of the site,
24-59 survey information concerning the site, interior space
24-60 requirements, special material requirements, material quality
24-61 standards, conceptual criteria for the project, special equipment
24-62 requirements, cost or budget estimates, time schedules, quality
24-63 assurance and quality control requirements, site development
24-64 requirements, applicable codes and ordinances, provisions for
24-65 utilities, parking requirements, or any other requirement, as
24-66 applicable.
24-67 (b) The commission may use the design-build method for a
24-68 project. In using that method and in entering into a contract for
24-69 the services of a design-build firm, the commission and the
25-1 design-build firm shall follow the procedures provided by
25-2 Subsections (c)-(k).
25-3 (c) The commission may designate an engineer or architect to
25-4 act as its representative. If the commission's engineer or
25-5 architect is not a full-time employee of the commission, any
25-6 engineer or architect designated shall be selected on the basis of
25-7 demonstrated competence and qualifications in accordance with
25-8 Subchapter A, Chapter 2254.
25-9 (d) The commission shall prepare a request for
25-10 qualifications that includes general information on the project
25-11 site, project scope, budget, special systems, selection criteria,
25-12 and other information that may assist potential design-build firms
25-13 in submitting proposals for the project. The commission shall also
25-14 prepare a design criteria package that includes more detailed
25-15 information on the project. If the preparation of the design
25-16 criteria package requires engineering or architectural services
25-17 that constitute the practice of engineering within the meaning of
25-18 The Texas Engineering Practice Act (Article 3271a, Vernon's Texas
25-19 Civil Statutes) or the practice of architecture within the meaning
25-20 of Chapter 478, Acts of the 45th Legislature, Regular Session, 1937
25-21 (Article 249a, Vernon's Texas Civil Statutes), those services shall
25-22 be provided in accordance with the applicable law.
25-23 (e) The commission or its representative shall publish the
25-24 request for qualifications in a manner prescribed by the
25-25 commission.
25-26 (f)(1) The commission or its representative shall evaluate
25-27 statements of qualifications and select a design-build firm in two
25-28 phases.
25-29 (2) In phase one, the commission or its representative
25-30 shall prepare a request for qualifications and evaluate each
25-31 offeror's experience, technical competence, and capability to
25-32 perform, the past performance of the offeror's team and members of
25-33 the team, and other appropriate factors submitted by the team or
25-34 firm in response to the request for qualifications, except that
25-35 cost-related or price-related evaluation factors are not permitted.
25-36 Each offeror must certify to the commission that each engineer or
25-37 architect that is a member of its team was selected based on
25-38 demonstrated competence and qualifications. The commission or its
25-39 representative shall qualify a maximum of five offerors to submit
25-40 additional information and, if the commission or its representative
25-41 chooses, to interview for final selection.
25-42 (3) In phase two, the commission or its representative
25-43 shall evaluate the information submitted by the offerors on the
25-44 basis of the selection criteria stated in the request for
25-45 qualifications and the results of any interview. The commission or
25-46 its representative may request additional information regarding
25-47 demonstrated competence and qualifications, considerations of the
25-48 safety and long-term durability of the project, the feasibility of
25-49 implementing the project as proposed, the ability of the offeror to
25-50 meet schedules, costing methodology, or other factors as
25-51 appropriate. The commission or its representative may not require
25-52 offerors to submit detailed engineering or architectural designs as
25-53 part of the proposal. The commission or its representative shall
25-54 rank each proposal submitted on the basis of the criteria specified
25-55 in the request for qualifications. The commission or its
25-56 representative shall select the design-build firm that submits the
25-57 proposal offering the best value for the commission or using agency
25-58 on the basis of the published selection criteria and on its ranking
25-59 evaluations. The commission or its representative shall first
25-60 attempt to negotiate a contract with the selected offeror. If the
25-61 commission or its representative is unable to negotiate a
25-62 satisfactory contract with the selected offeror, the commission
25-63 shall, formally and in writing, end all negotiations with that
25-64 offeror and proceed to negotiate with the next offeror in the order
25-65 of the selection ranking until a contract is reached or
25-66 negotiations with all ranked offerors end.
25-67 (g) Following selection of a design-build firm under
25-68 Subsection (f), that firm's engineers or architects shall complete
25-69 the design, submitting all design elements for review and
26-1 determination of scope compliance by the commission's engineer or
26-2 architect before or concurrently with the beginning of
26-3 construction.
26-4 (h) An engineer shall have responsibility for compliance
26-5 with the engineering design requirements and all other applicable
26-6 requirements of The Texas Engineering Practice Act (Article 3271a,
26-7 Vernon's Texas Civil Statutes). An architect shall have
26-8 responsibility for compliance with the requirements of Chapter 478,
26-9 Acts of the 45th Legislature, Regular Session, 1937 (Article 249a,
26-10 Vernon's Texas Civil Statutes).
26-11 (i) The commission shall provide or contract for,
26-12 independently of the design-build firm, the inspection services,
26-13 the testing of construction materials engineering, and the
26-14 verification testing services necessary for acceptance of the
26-15 facility by the commission. The commission shall select those
26-16 services for which it contracts in accordance with Section
26-17 2254.004.
26-18 (j) The design-build firm shall supply a signed and sealed
26-19 set of construction documents for the project to the commission at
26-20 the conclusion of construction.
26-21 (k) A payment or performance bond is not required for, and
26-22 may not provide coverage for, the portion of a design-build
26-23 contract under this section that includes design services only. If
26-24 a fixed contract amount or guaranteed maximum price has not been
26-25 determined at the time a design-build contract is awarded, the
26-26 penal sums of the performance and payment bonds delivered to the
26-27 commission shall each be in an amount equal to the project budget,
26-28 as specified in the design criteria package. The design-build firm
26-29 shall deliver the bonds not later than the 10th day after the date
26-30 the design-build firm executes the contract unless the design-build
26-31 firm furnishes a bid bond or other financial security acceptable to
26-32 the commission to ensure that the design-build firm will furnish
26-33 the required performance and payment bonds when a guaranteed
26-34 maximum price is established.
26-35 SECTION 8.06. Subchapter F, Chapter 2166, Government Code,
26-36 is amended by adding Section 2166.2532 to read as follows:
26-37 Sec. 2166.2532. CONSTRUCTION MANAGER-AT-RISK METHOD.
26-38 (a) The commission may use the construction manager-at-risk method
26-39 for a project. In using that method and in entering into a
26-40 contract for the services of a construction manager-at-risk, the
26-41 commission shall follow the procedures prescribed by this section.
26-42 (b) A construction manager-at-risk is a sole proprietorship,
26-43 partnership, corporation, or other legal entity that assumes the
26-44 risk for construction, rehabilitation, alteration, or repair of a
26-45 facility at the contracted price as a general contractor and
26-46 provides consultation to the commission regarding construction
26-47 during and after the design of the facility.
26-48 (c) Before or concurrently with selecting a construction
26-49 manager-at-risk, the commission shall select or designate an
26-50 engineer or architect who shall prepare the construction documents
26-51 for the project and who has full responsibility for complying with
26-52 The Texas Engineering Practice Act (Article 3271a, Vernon's Texas
26-53 Civil Statutes) or Chapter 478, Acts of the 45th Legislature,
26-54 Regular Session, 1937 (Article 249a, Vernon's Texas Civil
26-55 Statutes), as applicable. If the engineer or architect is not a
26-56 full-time employee of the commission, the commission shall select
26-57 the engineer or architect on the basis of demonstrated competence
26-58 and qualifications as provided by Section 2254.004. The
26-59 commission's engineer or architect for a project may not serve,
26-60 alone or in combination with another, as the construction
26-61 manager-at-risk.
26-62 (d) The commission shall provide or contract for,
26-63 independently of the construction manager-at-risk, the inspection
26-64 services, the testing of construction materials engineering, and
26-65 the verification testing services necessary for acceptance of the
26-66 facility by the commission. The commission shall select those
26-67 services for which it contracts in accordance with Section
26-68 2254.004.
26-69 (e) The commission shall select the construction
27-1 manager-at-risk in either a one-step or two-step process. The
27-2 commission shall prepare a request for proposals, in the case of a
27-3 one-step process, or a request for qualifications, in the case of a
27-4 two-step process, that includes general information on the project
27-5 site, project scope, schedule, selection criteria, estimated
27-6 budget, and the time and place for receipt of proposals or
27-7 qualifications, as applicable; a statement as to whether the
27-8 selection process is a one-step or two-step process; and other
27-9 information that may assist the commission in its selection of a
27-10 construction manager-at-risk. The commission shall state the
27-11 selection criteria in the request for proposals or qualifications,
27-12 as applicable. The selection criteria may include the offeror's
27-13 experience, past performance, safety record, proposed personnel and
27-14 methodology, and other appropriate factors that demonstrate the
27-15 capability of the construction manager-at-risk. If a one-step
27-16 process is used, the commission may request, as part of the
27-17 offeror's proposal, proposed fees and prices for fulfilling the
27-18 general conditions. If a two-step process is used, the commission
27-19 may not request fees or prices in step one. In step two, the
27-20 commission may request that five or fewer offerors, selected solely
27-21 on the basis of qualifications, provide additional information,
27-22 including the construction manager-at-risk's proposed fee and its
27-23 price for fulfilling the general conditions.
27-24 (f) The commission shall publish the request for
27-25 qualifications in a manner prescribed by the commission.
27-26 (g) At each step, the commission shall receive, publicly
27-27 open, and read aloud the names of the offerors. At the appropriate
27-28 step, the commission shall also read aloud the fees and prices, if
27-29 any, stated in each proposal as the proposal is opened. Within 45
27-30 days after the date of opening the proposals, the commission or its
27-31 representative shall evaluate and rank each proposal submitted in
27-32 relation to the criteria set forth in the request for proposals.
27-33 (h) The commission or its representative shall select the
27-34 offeror that submits the proposal that offers the best value for
27-35 the commission or using agency based on the published selection
27-36 criteria and on its ranking evaluation. The commission or its
27-37 representative shall first attempt to negotiate a contract with the
27-38 selected offeror. If the commission or its representative is
27-39 unable to negotiate a satisfactory contract with the selected
27-40 offeror, the commission or its representative shall, formally and
27-41 in writing, end negotiations with that offeror and proceed to
27-42 negotiate with the next offeror in the order of the selection
27-43 ranking until a contract is reached or negotiations with all ranked
27-44 offerors end.
27-45 (i) A construction manager-at-risk shall publicly advertise,
27-46 in the manner prescribed by the commission, and receive bids or
27-47 proposals from trade contractors or subcontractors for the
27-48 performance of all major elements of the work other than the minor
27-49 work that may be included in the general conditions. A
27-50 construction manager-at-risk may seek to perform portions of the
27-51 work itself if the construction manager-at-risk submits its bid or
27-52 proposal for those portions of the work in the same manner as all
27-53 other trade contractors or subcontractors and if the commission
27-54 determines that the construction manager-at-risk's bid or proposal
27-55 provides the best value for the commission or using agency.
27-56 (j) The construction manager-at-risk and the commission or
27-57 its representative shall review all trade contractor or
27-58 subcontractor bids or proposals in a manner that does not disclose
27-59 the contents of the bid or proposal during the selection process to
27-60 a person not employed by the construction manager-at-risk,
27-61 engineer, architect, or commission. All bids or proposals shall be
27-62 made public after the award of the contract or within seven days
27-63 after the date of final selection of bids and proposals, whichever
27-64 is later.
27-65 (k) If the construction manager-at-risk reviews, evaluates,
27-66 and recommends to the commission a bid or proposal from a trade
27-67 contractor or subcontractor but the commission requires another bid
27-68 or proposal to be accepted, the commission shall compensate the
27-69 construction manager-at-risk by a change in price, time, or
28-1 guaranteed maximum cost for any additional cost and risk that the
28-2 construction manager-at-risk may incur because of the commission's
28-3 requirement that another bid or proposal be accepted.
28-4 (l) If a selected trade contractor or subcontractor defaults
28-5 in the performance of its work or fails to execute a subcontract
28-6 after being selected in accordance with this section, the
28-7 construction manager-at-risk may, without advertising, itself
28-8 fulfill the contract requirements or select a replacement trade
28-9 contractor or subcontractor to fulfill the contract requirements.
28-10 (m) If a fixed contract amount or guaranteed maximum price
28-11 has not been determined at the time the contract is awarded, the
28-12 penal sums of the performance and payment bonds delivered to the
28-13 commission must each be in an amount equal to the project budget,
28-14 as set forth in the request for qualifications. The construction
28-15 manager-at-risk shall deliver the bonds not later than the 10th day
28-16 after the date the construction manager-at-risk executes the
28-17 contract unless the construction manager-at-risk furnishes a bid
28-18 bond or other financial security acceptable to the commission to
28-19 ensure that the construction manager-at-risk will furnish the
28-20 required performance and payment bonds when a guaranteed maximum
28-21 price is established.
28-22 SECTION 8.07. Subchapter F, Chapter 2166, Government Code,
28-23 is amended by adding Section 2166.2533 to read as follows:
28-24 Sec. 2166.2533. COMPETITIVE SEALED PROPOSAL METHOD.
28-25 (a) The commission may select a contractor for a project using the
28-26 competitive sealed proposal method prescribed by this section.
28-27 (b) The commission shall select or designate an engineer or
28-28 architect to prepare construction documents for the project. The
28-29 selected or designated engineer or architect has full
28-30 responsibility for complying with The Texas Engineering Practice
28-31 Act (Article 3271a, Vernon's Texas Civil Statutes) or Chapter 478,
28-32 Acts of the 45th Legislature, Regular Session, 1937 (Article 249a,
28-33 Vernon's Texas Civil Statutes), as applicable. If the engineer or
28-34 architect is not a full-time employee of the commission, the
28-35 commission shall select the engineer or architect on the basis of
28-36 demonstrated competence and qualifications as provided by Section
28-37 2254.004.
28-38 (c) The commission shall provide or contract for,
28-39 independently of the contractor, the inspection services, the
28-40 testing of construction materials engineering, and the verification
28-41 testing services necessary for acceptance of the facility by the
28-42 commission. The commission shall select those services for which
28-43 it contracts in accordance with Section 2254.004 and shall identify
28-44 them in the request for proposals.
28-45 (d) The commission shall prepare a request for competitive
28-46 sealed proposals that includes construction documents, selection
28-47 criteria, estimated budget, project scope, schedule, and other
28-48 information that contractors may require to respond to the request.
28-49 The commission shall state in the request for proposals all of the
28-50 selection criteria that will be used in selecting the successful
28-51 offeror.
28-52 (e) The commission shall publish notice of the request for
28-53 proposals in a manner prescribed by the commission.
28-54 (f) The commission shall receive, publicly open, and read
28-55 aloud the names of the offerors and, if any are required to be
28-56 stated, all prices stated in each proposal. Within 45 days after
28-57 the date of opening the proposals, the commission shall evaluate
28-58 and rank each proposal submitted in relation to the published
28-59 selection criteria.
28-60 (g) The commission shall select the offeror that offers the
28-61 best value for the commission or using agency based on the
28-62 published selection criteria and on its ranking evaluation. The
28-63 commission shall first attempt to negotiate a contract with the
28-64 selected offeror. The commission and its engineer or architect may
28-65 discuss with the selected offeror options for a scope or time
28-66 modification and any price change associated with the modification.
28-67 If the commission is unable to reach a contract with the selected
28-68 offeror, the commission shall, formally and in writing, end
28-69 negotiations with that offeror and proceed to the next offeror in
29-1 the order of the selection ranking until a contract is reached or
29-2 all proposals are rejected.
29-3 (h) In determining the best value for the commission or
29-4 using agency, the commission is not restricted to considering price
29-5 alone but may consider any other factor stated in the selection
29-6 criteria.
29-7 SECTION 8.08. Section 2166.255, Government Code, is amended
29-8 to read as follows:
29-9 Sec. 2166.255. AMOUNT [AWARD] OF CONTRACT. [(a) A contract
29-10 shall be awarded to the qualified bidder making the lowest and best
29-11 bid in accordance with the law on awarding a state contract.]
29-12 [(b) The commission may reject all bids.]
29-13 [(c)] A contract may not be awarded for an amount greater
29-14 than the amount that the comptroller certifies to be available for
29-15 the project.
29-16 SECTION 8.09. (a) The changes in law made by this Act to
29-17 the General Services Commission's contract procedures apply only to
29-18 a construction project for which the General Services Commission
29-19 first advertises or otherwise solicits bids, proposals, offers, or
29-20 qualifications, as applicable, on or after September 1, 2001.
29-21 (b) A construction project for which the General Services
29-22 Commission first advertised or otherwise solicited bids, proposals,
29-23 offers, or qualifications, as applicable, before September 1, 2001,
29-24 is governed by the law as it existed immediately before the
29-25 effective date of this Act, and that law is continued in effect for
29-26 that purpose.
29-27 ARTICLE 9. LEASING OF STATE OFFICE SPACE
29-28 SECTION 9.01. Subchapter A, Chapter 2167, Government Code,
29-29 is amended by adding Section 2167.0021 to read as follows:
29-30 Sec. 2167.0021. BEST VALUE STANDARD FOR LEASE OF SPACE.
29-31 (a) The commission shall lease space for the use of a state agency
29-32 on the basis of obtaining the best value for the state.
29-33 (b) The commission shall adopt rules establishing guidelines
29-34 for the determination of best value in a lease contract. In
29-35 determining the best value, the commission may consider:
29-36 (1) the cost of the lease contract;
29-37 (2) the condition and location of lease space;
29-38 (3) utility costs;
29-39 (4) access to public transportation;
29-40 (5) parking availability;
29-41 (6) security;
29-42 (7) telephone service availability;
29-43 (8) indicators of probable lessor performance under
29-44 the contract, such as the lessor's financial resources and the
29-45 lessor's experience;
29-46 (9) compliance with the architectural barriers law,
29-47 Article 9102, Revised Statutes; and
29-48 (10) other relevant factors.
29-49 (c) This section does not prohibit the commission from
29-50 leasing space from the offeror that offers the space at the lowest
29-51 cost if the commission determines that doing so obtains the best
29-52 value for the state.
29-53 SECTION 9.02. Section 2167.003, Government Code, is amended
29-54 to read as follows:
29-55 Sec. 2167.003. FIRST CONSIDERATION TO HISTORIC STRUCTURE.
29-56 (a) In leasing space for the use of a state agency, the commission
29-57 or the private brokerage or real estate firm assisting the
29-58 commission shall give first consideration to a building that is
29-59 designated as a historic structure under Section 442.001 or to a
29-60 building that has been designated a landmark by a local governing
29-61 authority, if:
29-62 (1) the building meets requirements and
29-63 specifications; and
29-64 (2) the cost is not substantially higher than the cost
29-65 for other available buildings that meet requirements and
29-66 specifications.
29-67 (b) When it considers leasing space for a state agency, the
29-68 commission or the private brokerage or real estate firm assisting
29-69 the commission shall notify each individual and organization that
30-1 is:
30-2 (1) on a list furnished to the commission by the Texas
30-3 Historical Commission under Section 442.005; and
30-4 (2) in the county in which the commission is
30-5 considering leasing space.
30-6 (c) At the end of a biennium, the commission shall report to
30-7 the legislature the commission's reasons for rejecting during the
30-8 biennium the lease of any historic structure that was offered as
30-9 [in a bid to] lease space to the state.
30-10 SECTION 9.03. Section 2167.005, Government Code, is amended
30-11 to read as follows:
30-12 Sec. 2167.005. DELEGATION OF AUTHORITY TO STATE AGENCIES
30-13 [INSTITUTIONS OF HIGHER EDUCATION]. (a) The commission may
30-14 delegate to a state agency, including an institution of higher
30-15 education, the authority to enter into lease contracts for space
30-16 [for which payments are not made from money appropriated from the
30-17 general revenue fund].
30-18 (b) Any reports on the lease contracts made [by an
30-19 institution of higher education] under this delegated authority
30-20 shall be required annually.
30-21 SECTION 9.04. Subsection (b), Section 2167.006, Government
30-22 Code, is amended to read as follows:
30-23 (b) A state agency, including an [An] institution of higher
30-24 education, may not enter a lease contract under Section 2167.005
30-25 unless the agency [institution] complies with the architectural
30-26 barriers law, Article 9102, Revised Statutes.
30-27 SECTION 9.05. Section 2167.052, Government Code, is amended
30-28 by amending Subsection (a) and adding Subsection (c) to read as
30-29 follows:
30-30 (a) Space may be leased from a private source through:
30-31 (1) competitive bidding; [or]
30-32 (2) competitive sealed proposals under Section
30-33 2167.054; or
30-34 (3) direct negotiation.
30-35 (c) The commission shall use the method for leasing space
30-36 that provides the best value for the state.
30-37 SECTION 9.06. Subsections (a) and (c), Section 2167.053,
30-38 Government Code, are amended to read as follows:
30-39 (a) When space is leased through competitive bidding, the
30-40 commission shall determine the [lowest and best] bid that provides
30-41 the best value for the state after considering moving costs, the
30-42 cost of time lost in moving, the cost of telecommunications
30-43 services, and other relevant factors.
30-44 (c) If, after review of the bids and evaluation of all
30-45 relevant factors, the leasing state agency's opinion is that the
30-46 bid selected by the commission is not the [lowest and best] bid
30-47 that provides the best value for the state, it may file with the
30-48 commission a written recommendation that the award be made to a
30-49 bidder other than the commission's recommended bidder. The leasing
30-50 state agency's recommendation must contain the agency's
30-51 justification for its recommendation and a complete explanation of
30-52 all factors it considered.
30-53 SECTION 9.07. Subsections (a), (g), and (i), Section
30-54 2167.054, Government Code, are amended to read as follows:
30-55 (a) The commission may lease space using competitive sealed
30-56 proposals [if the commission first determines that competitive
30-57 bidding is not practical or is disadvantageous to the state].
30-58 (g) The commission shall make a written award of a lease to
30-59 the offeror whose proposal provides the best value for [is the most
30-60 advantageous to] the state, considering price and the evaluation
30-61 factors in the request for proposals. [The commission may not use
30-62 other factors or criteria in its evaluation.] The commission shall
30-63 state in writing in the contract file the reasons for which an
30-64 award is made.
30-65 (i) If the competitive sealed proposal procedure for leasing
30-66 space is used by a state agency [an institution of higher
30-67 education] that has been delegated leasing authority under Section
30-68 2167.005, the agency [institution]:
30-69 [(1) must first determine that competitive bidding is
31-1 not practical or is disadvantageous to the state; and]
31-2 [(2)] shall follow the procedures outlined by this
31-3 section and any rules adopted by the commission.
31-4 SECTION 9.08. Subchapter B, Chapter 2167, Government Code,
31-5 is amended by adding Section 2167.0541 to read as follows:
31-6 Sec. 2167.0541. USE OF PRIVATE FIRMS TO OBTAIN SPACE.
31-7 (a) The commission may contract with one or more private brokerage
31-8 or real estate firms to assist the commission in obtaining lease
31-9 space for state agencies on behalf of the commission under this
31-10 chapter.
31-11 (b) A private brokerage or real estate firm with which the
31-12 commission contracts under Subsection (a) may assist the commission
31-13 in leasing facilities under this chapter.
31-14 SECTION 9.09. Subsection (b), Section 2167.055, Government
31-15 Code, is amended to read as follows:
31-16 (b) A [The] lease contract entered into under Section
31-17 2167.053 or 2167.054 must reflect the provisions contained in the
31-18 invitation for bids or request for proposals, the successful bid or
31-19 proposal, and the award of the contract.
31-20 SECTION 9.10. Subchapter C, Chapter 2167, Government Code,
31-21 is amended by adding Sections 2167.105 and 2167.106 to read as
31-22 follows:
31-23 Sec. 2167.105. REPORT ON NONCOMPLIANCE. If the commission
31-24 determines that a state agency has not complied with the
31-25 commission's rules or with other state law related to leasing
31-26 requirements, the commission shall report the noncompliance to the
31-27 members of the state agency's governing body and to the governor,
31-28 lieutenant governor, and speaker of the house of representatives.
31-29 The commission shall include in its report an estimate of the
31-30 fiscal impact resulting from the noncompliance.
31-31 Sec. 2167.106. ANNUAL REPORT. The staff of the commission
31-32 shall annually submit a report to the commission regarding
31-33 opportunities for delegating leasing authority to state agencies
31-34 with statewide operations. The report must include comments from
31-35 state agencies with statewide operations.
31-36 SECTION 9.11. A lease contract entered into by the General
31-37 Services Commission before September 1, 2001, under Chapter 2167,
31-38 Government Code, is governed during the remaining term of the lease
31-39 by Chapter 2167, Government Code, as it existed immediately before
31-40 September 1, 2001, and the prior law is continued in effect for
31-41 this purpose. Chapter 2167, Government Code, as amended by this
31-42 Act, applies to the renewal of a lease described by this section.
31-43 ARTICLE 10. SURPLUS PROPERTY
31-44 SECTION 10.01. Section 2175.065, Government Code, is amended
31-45 to read as follows:
31-46 Sec. 2175.065. DELEGATION OF AUTHORITY TO STATE AGENCY.
31-47 (a) The commission may authorize a state agency to dispose of
31-48 surplus or salvage property if the agency demonstrates to the
31-49 commission its ability to dispose of the property under Subchapters
31-50 C and E in a manner that results in cost savings to the state,
31-51 under commission rules adopted under this chapter.
31-52 (b) The commission shall establish by rule the criteria for
31-53 determining that a delegation of authority to a state agency
31-54 results in cost savings to the state.
31-55 SECTION 10.02. Subchapters C and D, Chapter 2175, Government
31-56 Code, are amended to read as follows:
31-57 SUBCHAPTER C. DIRECT TRANSFER OR OTHER DISPOSITION OF
31-58 SURPLUS OR SALVAGE PROPERTY BY STATE AGENCY
31-59 Sec. 2175.121. APPLICABILITY. This subchapter applies only
31-60 to surplus or salvage property to which Subchapter D does not
31-61 apply.
31-62 Sec. 2175.122. STATE AGENCY NOTICE TO COMMISSION AND
31-63 COMPTROLLER. A state agency that determines it has surplus or
31-64 salvage property shall inform the commission and the comptroller of
31-65 the property's kind, number, location, condition, original cost or
31-66 value, and date of acquisition.
31-67 Sec. 2175.123. DETERMINING METHOD OF DISPOSAL. (a) Based
31-68 on the condition of the property, a state agency shall determine
31-69 whether the property is:
32-1 (1) surplus property that should be offered for
32-2 transfer under Section 2175.125 or sold to the public; or
32-3 (2) salvage property.
32-4 (b) The state agency shall inform the commission and the
32-5 comptroller of its determination.
32-6 Sec. 2175.124 [2175.122]. COMMISSION NOTICE TO OTHER
32-7 ENTITIES. After a determination that [On receiving notice from] a
32-8 state agency [that the agency] has surplus [or salvage] property,
32-9 the commission shall inform other state agencies, political
32-10 subdivisions, and assistance organizations of the comptroller's
32-11 website that lists surplus property that is available for sale [the
32-12 property's kind, number, location, and condition].
32-13 Sec. 2175.1245. ADVERTISING ON COMPTROLLER WEBSITE. Not
32-14 later than the second day after the date the comptroller receives
32-15 notice from a state agency that the agency has surplus property,
32-16 the comptroller shall advertise the property's kind, number,
32-17 location, and condition on the comptroller's website.
32-18 Sec. 2175.125 [2175.123]. DIRECT TRANSFER. During the 10
32-19 business [30] days after the date the property is posted on the
32-20 comptroller's website [following dissemination of information under
32-21 Section 2175.122], a state agency, political subdivision, or
32-22 assistance organization may coordinate directly with the reporting
32-23 state agency for a transfer of the property at a price established
32-24 by the reporting agency.
32-25 Sec. 2175.126 [2175.124]. NOTICE OF TRANSFER TO COMPTROLLER;
32-26 ADJUSTMENT OF APPROPRIATIONS AND PROPERTY ACCOUNTING RECORDS;
32-27 REMOVAL FROM WEBSITE. (a) If property is transferred to a state
32-28 agency, the participating agencies shall report the transaction to
32-29 the comptroller.
32-30 (b) On receiving notice under this section, the comptroller
32-31 shall, if necessary:
32-32 (1) debit and credit the proper appropriations; and
32-33 (2) adjust state property accounting records.
32-34 (c) Not later than the second day after the date the
32-35 comptroller receives notice under Subsection (a), the comptroller
32-36 shall remove the property from the list of surplus property for
32-37 sale on the comptroller's website.
32-38 Sec. 2175.127 [2175.125]. PRIORITY FOR TRANSFER TO STATE
32-39 AGENCY. During the 10 business [30] days after the date the
32-40 property is posted on the comptroller's website [of notice under
32-41 Section 2175.122], a transfer to a state agency has priority over
32-42 any other transfer under rules adopted by the commission.
32-43 Sec. 2175.128 [2175.126]. DISPOSITION OF DATA PROCESSING
32-44 EQUIPMENT. (a) If a disposition of a state agency's surplus or
32-45 salvage data processing equipment is not made under Section
32-46 2175.125 or 2175.184 [this subchapter], the state agency shall
32-47 transfer the equipment to the Texas Department of Criminal Justice.
32-48 The state agency may not collect a fee or other reimbursement from
32-49 the Texas Department of Criminal Justice for the surplus or salvage
32-50 data processing equipment.
32-51 (b) If a disposition of the surplus or salvage data
32-52 processing equipment of a state eleemosynary institution or an
32-53 institution or agency of higher education is not made under other
32-54 law, the institution or agency shall transfer the equipment to the
32-55 Texas Department of Criminal Justice. The institution or agency
32-56 may not collect a fee or other reimbursement from the Texas
32-57 Department of Criminal Justice for the surplus or salvage data
32-58 processing equipment.
32-59 [SUBCHAPTER D. DISPOSITION OF SURPLUS OR SALVAGE
32-60 PROPERTY BY COMPETITIVE BIDDING]
32-61 Sec. 2175.129 [2175.181]. DISPOSITION BY COMPETITIVE
32-62 BIDDING, [OR] AUCTION, OR DIRECT SALE. (a) If a disposition of a
32-63 state agency's surplus [or salvage] property is not made under
32-64 Section 2175.125 [Subchapter C], the commission shall:
32-65 (1) sell the property by competitive bid, [or]
32-66 auction, or direct sale to the public, including a sale using an
32-67 Internet auction site; or
32-68 (2) delegate to the state agency authority to sell the
32-69 property by competitive bid, auction, or direct sale to the public,
33-1 including a sale using an Internet auction site [bidding].
33-2 (b) The commission or a state agency to which authority is
33-3 delegated under Subsection (a)(2) or under Section 2175.065 shall
33-4 determine which method of sale shall be used based on the method
33-5 that is most advantageous to the state under the circumstances.
33-6 The commission shall adopt rules establishing guidelines for making
33-7 that determination.
33-8 (c) In using an Internet auction site to sell surplus
33-9 property under this section, the commission or state agency shall
33-10 post the property on the site for at least 10 days.
33-11 Sec. 2175.130. DISPOSITION BY DIRECT SALE TO PUBLIC.
33-12 (a) If the commission or a state agency to which authority is
33-13 delegated under Section 2175.129(a)(2) or 2175.065 determines that
33-14 selling the property by competitive bid or auction, including a
33-15 sale using an Internet auction site, would not maximize the resale
33-16 value of the property to the state, the commission or agency may
33-17 sell surplus or salvage property directly to the public.
33-18 (b) The commission, in cooperation with the state agency
33-19 that declared the property as surplus, or a state agency to which
33-20 authority is delegated under Section 2175.129(a)(2) or 2175.065
33-21 shall set a fixed price for the property.
33-22 Sec. 2175.131 [2175.182]. PURCHASER'S FEE. (a) The
33-23 commission or a state agency disposing of property by a method
33-24 other than direct transfer under this subchapter shall collect a
33-25 fee from the purchaser.
33-26 (b) The commission or state agency shall set the fee at an
33-27 amount that is:
33-28 (1) sufficient to recover costs associated with the
33-29 sale; and
33-30 (2) at least two percent but not more than 12 percent
33-31 of sale proceeds.
33-32 Sec. 2175.132 [2175.183]. ADVERTISEMENT OF SALE. If the
33-33 value of an item or a lot of property to be sold is estimated to be
33-34 more than $5,000, the commission or the state agency authorized to
33-35 sell the property shall advertise the sale at least once in at
33-36 least one newspaper of general circulation in the vicinity in which
33-37 the property is located.
33-38 Sec. 2175.133 [2175.184]. REPORTING SALE; PROPERTY
33-39 ACCOUNTING ADJUSTMENT. (a) On the sale by the commission of
33-40 surplus or salvage property, the commission shall report the
33-41 property sold and the sale price to the state agency that declared
33-42 the property as surplus or salvage.
33-43 (b) A state agency for which surplus or salvage property is
33-44 sold or that sells surplus or salvage property under authority of
33-45 the commission shall report the sale and amount of sale proceeds to
33-46 the comptroller.
33-47 (c) If property reported under this section is on the state
33-48 property accounting system, the comptroller shall remove the
33-49 property from the property accounting records.
33-50 Sec. 2175.134 [2175.185]. PROCEEDS OF SALE. (a) Proceeds
33-51 from the sale of surplus or salvage property, less the cost of
33-52 advertising the sale, the cost of selling the surplus or salvage
33-53 property, including the cost of auctioneer services, and the amount
33-54 of the fee collected under Section 2175.131 [2175.182], shall be
33-55 deposited to the credit of the appropriate appropriation item of
33-56 the state agency for which the sale was made.
33-57 (b) The portion of sale proceeds equal to the cost of
33-58 advertising the sale and the cost of selling the surplus or salvage
33-59 property, including the cost of auctioneer services, shall be
33-60 deposited in the state treasury to the credit of the appropriation
33-61 item of the commission or other state agency from which the costs
33-62 were paid.
33-63 Sec. 2175.135 [2175.186]. PURCHASER'S TITLE. A purchaser of
33-64 surplus [or salvage] property at a sale conducted under Section
33-65 2175.129 or 2175.130 [this subchapter] obtains good title to the
33-66 property if the purchaser has in good faith complied with:
33-67 (1) the conditions of the sale; and
33-68 (2) applicable commission rules.
34-1 SUBCHAPTER D. DISPOSITION OF SURPLUS OR SALVAGE
34-2 PROPERTY BY COMMISSION
34-3 Sec. 2175.181. APPLICABILITY. (a) This subchapter applies
34-4 only to surplus and salvage property located in:
34-5 (1) Travis County;
34-6 (2) a county in which federal surplus property is
34-7 warehoused by the commission under Subchapter G; or
34-8 (3) a county for which the commission determines that
34-9 it is cost-effective to follow the procedures created under this
34-10 subchapter and informs affected state agencies of that
34-11 determination.
34-12 (b) This subchapter does not apply to a state agency
34-13 delegated the authority to dispose of surplus or salvage property
34-14 under Section 2175.065.
34-15 Sec. 2175.1815. ALTERNATIVE APPLICABILITY.
34-16 (a) Notwithstanding Section 2175.181, until January 1, 2003, this
34-17 subchapter applies only to a state agency selected by the
34-18 commission to participate in the disposal process created under
34-19 this subchapter.
34-20 (b) Subchapter C applies to a state agency that is not
34-21 selected by the commission to participate under this subchapter.
34-22 (c) This section expires January 1, 2003.
34-23 Sec. 2175.182. STATE AGENCY TRANSFER OF PROPERTY TO
34-24 COMMISSION. (a) The commission is responsible for the disposal of
34-25 surplus or salvage property under this subchapter. The commission
34-26 may take physical possession of the property. A state agency
34-27 maintains ownership of property throughout the disposal process.
34-28 (b) Based on the condition of the property, the commission
34-29 shall determine whether the property is:
34-30 (1) surplus property that should be offered for
34-31 transfer under Section 2175.184 or sold to the public; or
34-32 (2) salvage property.
34-33 (c) The commission shall inform the comptroller's office of
34-34 the property's kind, number, location, condition, original cost or
34-35 value, and date of acquisition.
34-36 Sec. 2175.1825. ADVERTISING ON COMPTROLLER WEBSITE. Not
34-37 later than the second day after the date the comptroller receives
34-38 notice from the commission under Section 2175.182(c), the
34-39 comptroller shall advertise the property's kind, number, location,
34-40 and condition on the comptroller's website.
34-41 Sec. 2175.183. COMMISSION NOTICE TO OTHER ENTITIES. On
34-42 taking responsibility for surplus property under this subchapter,
34-43 the commission shall inform other state agencies, political
34-44 subdivisions, and assistance organizations of the comptroller's
34-45 website that lists surplus property that is available for sale.
34-46 Sec. 2175.184. DIRECT TRANSFER. During the 10 business days
34-47 after the date the property is posted on the comptroller's website,
34-48 a state agency, political subdivision, or assistance organization
34-49 may coordinate with the commission for a transfer of the property
34-50 at a price established by the commission in cooperation with the
34-51 transferring agency. A transfer to a state agency has priority
34-52 over any other transfer during this period.
34-53 Sec. 2175.185. NOTICE OF TRANSFER TO COMPTROLLER; ADJUSTMENT
34-54 OF APPROPRIATIONS AND PROPERTY ACCOUNTING RECORDS; REMOVAL FROM
34-55 WEBSITE. (a) If property is transferred to a state agency under
34-56 Section 2175.184, the participating agencies shall report the
34-57 transaction to the comptroller.
34-58 (b) On receiving notice under this section, the comptroller
34-59 shall, if necessary:
34-60 (1) debit and credit the proper appropriations; and
34-61 (2) adjust state property accounting records.
34-62 (c) Not later than the second day after the date the
34-63 comptroller receives notice under Subsection (a), the comptroller
34-64 shall remove the property from the list of surplus property for
34-65 sale on the comptroller's website.
34-66 Sec. 2175.186. DISPOSITION BY COMPETITIVE BIDDING, AUCTION,
34-67 OR DIRECT SALE. (a) If a disposition of a state agency's surplus
34-68 property is not made under Section 2175.184, the commission shall
34-69 sell the property by competitive bid, auction, or direct sale to
35-1 the public, including a sale using an Internet auction site.
35-2 (b) The commission shall determine which method of sale
35-3 shall be used based on the method that is most advantageous to the
35-4 state under the circumstances. The commission shall adopt rules
35-5 establishing guidelines for making that determination.
35-6 (c) In using an Internet auction site to sell surplus
35-7 property under this section, the commission shall post the property
35-8 on the site for at least 10 days.
35-9 Sec. 2175.187. DISPOSITION BY DIRECT SALE TO PUBLIC.
35-10 (a) If the commission determines that selling the property by
35-11 competitive bid or auction, including a sale using an Internet
35-12 auction site, would not maximize the resale value of the property
35-13 to the state, the commission may sell surplus property directly to
35-14 the public.
35-15 (b) The commission shall set a fixed price for the property
35-16 in cooperation with the state agency that owns the property.
35-17 Sec. 2175.188. PURCHASER'S FEE. (a) For property that is
35-18 sold under Section 2175.186 or 2175.187, the commission shall
35-19 collect a fee from the purchaser.
35-20 (b) The commission shall set the fee at an amount that is:
35-21 (1) sufficient to recover costs associated with the
35-22 sale; and
35-23 (2) at least two percent but not more than 12 percent
35-24 of sale proceeds.
35-25 Sec. 2175.189. ADVERTISEMENT OF SALE. If the value of an
35-26 item or a lot of property to be sold is estimated to be more than
35-27 $5,000, the commission shall advertise the sale at least once in at
35-28 least one newspaper of general circulation in the vicinity in which
35-29 the property is located.
35-30 Sec. 2175.190. REPORTING SALE; PROPERTY ACCOUNTING
35-31 ADJUSTMENT. (a) On the sale by the commission of surplus or
35-32 salvage property, the commission shall report the property sold and
35-33 the sale price to the state agency that owned the property and to
35-34 the comptroller.
35-35 (b) If property reported under this section is on the state
35-36 property accounting system, the comptroller shall remove the
35-37 property from the property accounting records.
35-38 Sec. 2175.191. PROCEEDS OF SALE. (a) Proceeds from the
35-39 sale of surplus or salvage property, less the cost of advertising
35-40 the sale, the cost of selling the surplus or salvage property,
35-41 including the cost of auctioneer services, and the amount of the
35-42 fee collected under Section 2175.188, shall be deposited to the
35-43 credit of the appropriate appropriation item of the state agency
35-44 for which the sale was made.
35-45 (b) The portion of sale proceeds equal to the cost of
35-46 advertising the sale and the cost of selling the surplus or salvage
35-47 property, including the cost of auctioneer services, if any, shall
35-48 be deposited in the state treasury to the credit of the
35-49 appropriation item of the commission.
35-50 Sec. 2175.192. PURCHASER'S TITLE. A purchaser of surplus
35-51 property at a sale conducted under Section 2175.186 or 2175.187
35-52 obtains good title to the property if the purchaser has in good
35-53 faith complied with:
35-54 (1) the conditions of the sale; and
35-55 (2) applicable commission rules.
35-56 Sec. 2175.193. CONTRACTS FOR DESTRUCTION OF PROPERTY. The
35-57 commission shall contract for the disposal of property under
35-58 Subchapter E in a manner that maximizes value to the state.
35-59 SECTION 10.03. This article takes effect January 1, 2002.
35-60 ARTICLE 11. PAPER RECYCLING PROGRAM
35-61 SECTION 11.01. Section 2175.902, Government Code, is amended
35-62 to read as follows:
35-63 Sec. 2175.902. MANDATORY PAPER RECYCLING PROGRAM. (a) The
35-64 commission shall establish a mandatory recycling program for a
35-65 state agency that occupies a building [and maintain in each
35-66 building] under its control [procedures for collecting separately
35-67 from other wastes all paper for recycling disposed of in that
35-68 building]. By rule, the commission shall:
35-69 (1) establish guidelines and procedures for collecting
36-1 and recycling of paper;
36-2 (2) set recycling goals and performance measures;
36-3 (3) require state agencies to designate a recycling
36-4 coordinator;
36-5 (4) provide employee and custodial education and
36-6 training;
36-7 (5) provide recognition and evaluative and corrective
36-8 information to state agencies when appropriate; and
36-9 (6) inform state agencies when proper recycling
36-10 methods are not used.
36-11 (b) If the commission finds that a state agency's recycling
36-12 program meets or exceeds the standards created under Subsection
36-13 (a), the [The] commission may delegate its responsibility under
36-14 this section [subsection] to a state agency located in a [each]
36-15 building under its control.
36-16 (c) [(b)] The commission or a state agency with delegated
36-17 responsibility under Subsection (b) [(a)] shall sell the paper for
36-18 recycling to the highest bidder.
36-19 (d) The commission may enter into an interagency agreement
36-20 to provide recycling services to a state agency otherwise excluded
36-21 from the program.
36-22 ARTICLE 12. EFFECTIVE DATE
36-23 SECTION 12.01. Except as otherwise provided by this Act,
36-24 this Act takes effect September 1, 2001.
36-25 * * * * *