By Duncan S.B. No. 641
77R5562 JSA-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the acquisition of goods and services by institutions
1-3 of higher education.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Sections 51.9335(a)-(e), Education Code, are
1-6 amended to read as follows:
1-7 (a) An institution of higher education [A medical and dental
1-8 unit] may acquire goods or services by the method that provides the
1-9 best value to the institution [unit], including:
1-10 (1) competitive bidding;
1-11 (2) competitive sealed proposals;
1-12 (3) a catalogue purchase;
1-13 (4) a group purchasing program; or
1-14 (5) an open market contract.
1-15 (b) In determining what is the best value to an institution
1-16 of higher education [a medical and dental unit], the institution
1-17 [unit] shall consider:
1-18 (1) the purchase price;
1-19 (2) the reputation of the vendor and of the vendor's
1-20 goods or services;
1-21 (3) the quality of the vendor's goods or services;
1-22 (4) the extent to which the goods or services meet the
1-23 institution's [unit's] needs;
1-24 (5) the vendor's past relationship with the
2-1 institution [unit];
2-2 (6) the impact on the ability of the institution
2-3 [unit] to comply with laws and rules relating to historically
2-4 underutilized businesses;
2-5 (7) the total long-term cost to the institution [unit]
2-6 of acquiring the vendor's goods or services; and
2-7 (8) any other relevant factor that a private business
2-8 entity would consider in selecting a vendor.
2-9 (c) The state auditor may audit purchases of goods or
2-10 services by an institution of higher education [a medical and
2-11 dental unit].
2-12 (d) To the extent of any conflict, this section prevails
2-13 over any other law, including Chapters 2155, 2156, 2157, 2158, and
2-14 2170, Government Code, except a law or rule relating to contracting
2-15 with historically underutilized businesses. An institution of
2-16 higher education may, but is not required to, acquire goods or
2-17 services as provided by Chapters 2155, 2156, 2157, 2158, and 2170,
2-18 Government Code.
2-19 (e) In this section, "institution of higher education"
2-20 ["medical and dental unit"] has the meaning assigned by Section
2-21 61.003 and includes a school of veterinary medicine and a health
2-22 care facility operated by a medical and dental unit, except that
2-23 the term does not include The University of Texas M. D. Anderson
2-24 Cancer Center.
2-25 SECTION 2. Subchapter B, Chapter 497, Government Code, is
2-26 amended by adding Section 497.0211 to read as follows:
2-27 Sec. 497.0211. This subchapter does not apply to an
3-1 institution of higher education, as defined by Section 61.003,
3-2 Education Code.
3-3 SECTION 3. Section 2155.067(b), Government Code, is amended
3-4 to read as follows:
3-5 (b) The agency head or the presiding officer of the agency's
3-6 governing body must sign the written justification. [For an
3-7 institution of higher education, the individual designated by the
3-8 president or governing body as purchasing officer for the
3-9 institution may sign the written justification.]
3-10 SECTION 4. Section 2155.268(a), Government Code, is amended
3-11 to read as follows:
3-12 (a) A state agency may not maintain and use its own bidders
3-13 list. The prohibition of this subsection does not apply to the
3-14 Texas Department of Transportation [or to an institution of higher
3-15 education as defined by Section 61.003, Education Code, but an
3-16 institution of higher education should use the master bidders list
3-17 when possible].
3-18 SECTION 5. Sections 2155.133, 2155.134, and 2155.135,
3-19 Government Code, are repealed.
3-20 SECTION 6. This Act takes effect immediately if it receives
3-21 a vote of two-thirds of all the members elected to each house, as
3-22 provided by Section 39, Article III, Texas Constitution. If this
3-23 Act does not receive the vote necessary for immediate effect, this
3-24 Act takes effect September 1, 2001.