By Fraser S.B. No. 843
77R5880 MXM-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the creation of a statewide contract management policy.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Subtitle F, Title 10, Government Code, is amended
1-5 by adding Chapter 2262 to read as follows:
1-6 CHAPTER 2262. STATEWIDE CONTRACT MANAGEMENT
1-7 SUBCHAPTER A. GENERAL PROVISIONS
1-8 Sec. 2262.001. DEFINITIONS. In this chapter:
1-9 (1) "Contract manager" means a person who:
1-10 (A) is employed by a state agency; and
1-11 (B) manages contracts for that state agency.
1-12 (2) "State agency" has the meaning provided by Section
1-13 2056.001.
1-14 (Sections 2262.002-2262.050 reserved for expansion
1-15 SUBCHAPTER B. CONTRACT MANAGEMENT
1-16 Sec. 2262.051. CONTRACT MANAGEMENT GUIDE. The attorney
1-17 general, General Services Commission, and state auditor shall
1-18 develop a contract management guide for use by state agencies. The
1-19 guide must provide information regarding the primary duties of a
1-20 contract manager, including how to:
1-21 (1) solicit a bid or proposal;
1-22 (2) write a contract;
1-23 (3) review and analyze a contract;
1-24 (4) monitor a contractor's progress and performance;
2-1 (5) ensure that goods and services comply with
2-2 contract specifications;
2-3 (6) resolve disputes in a timely manner;
2-4 (7) comply with contractual payment requirements;
2-5 (8) exercise state remedies when a contractor's
2-6 performance violates the contract or otherwise proves deficient;
2-7 and
2-8 (9) close out a contract.
2-9 Sec. 2262.052. TRAINING. (a) The attorney general, General
2-10 Services Commission, Department of Information Resources, and state
2-11 auditor shall develop a training program for each contract manager.
2-12 (b) The training must provide the manager with information
2-13 regarding how to:
2-14 (1) fairly and objectively select the most qualified
2-15 contractor;
2-16 (2) establish prices that are cost-effective and that
2-17 reflect the cost of providing the service;
2-18 (3) include provisions in a contract that hold the
2-19 contractor accountable for results;
2-20 (4) monitor and enforce a contract;
2-21 (5) make payments consistent with the contract; and
2-22 (6) comply with any requirements or goals contained in
2-23 the contract management guide developed under Section 2262.051.
2-24 (c) Each state agency shall ensure that the agency's
2-25 contract managers complete the training developed under this
2-26 section. This subsection does not apply to an institution of
2-27 higher education as defined by Section 61.003, Education Code.
3-1 SECTION 2. Section 2056.002(b), Government Code, is amended
3-2 to read as follows:
3-3 (b) The Legislative Budget Board and the Governor's Office
3-4 of Budget and Planning shall determine the elements required to be
3-5 included in each agency's strategic plan. Unless modified by the
3-6 Legislative Budget Board and the Governor's Office of Budget and
3-7 Planning, and except as provided by Subsection (c), a plan must
3-8 include:
3-9 (1) a statement of the mission and goals of the state
3-10 agency;
3-11 (2) a description of the indicators developed under
3-12 this chapter and used to measure the output and outcome of the
3-13 agency;
3-14 (3) identification of the groups of people served by
3-15 the agency, including those having service priorities, or other
3-16 service measures established by law, and estimates of changes in
3-17 those groups expected during the term of the plan;
3-18 (4) an analysis of the use of the agency's resources
3-19 to meet the agency's needs, including future needs, and an estimate
3-20 of additional resources that may be necessary to meet future needs;
3-21 (5) an analysis of expected changes in the services
3-22 provided by the agency because of changes in state or federal law;
3-23 (6) a description of the means and strategies for
3-24 meeting the agency's needs, including future needs, and achieving
3-25 the goals established under Section 2056.006 for each area of state
3-26 government for which the agency provides services;
3-27 (7) a description of the capital improvement needs of
4-1 the agency during the term of the plan and a statement, if
4-2 appropriate, of the priority of those needs;
4-3 (8) identification of each geographic region of this
4-4 state, including the Texas-Louisiana border region and the
4-5 Texas-Mexico border region, served by the agency, and if
4-6 appropriate the agency's means and strategies for serving each
4-7 region;
4-8 (9) a description of the training of the agency's
4-9 contract managers under Section 2262.052; and
4-10 (10) [(9)] other information that may be required.
4-11 SECTION 3. (a) Except as provided by Subsections (b) and
4-12 (c) of this section, this Act takes effect September 1, 2001.
4-13 (b) Section 2262.052(c), Government Code, as added by this
4-14 Act, takes effect September 1, 2002.
4-15 (c) A state agency is not required to comply with Section
4-16 2056.002(b)(9), Government Code, as added by this Act, until June
4-17 1, 2004.