By: Van de Putte, Bernsen S.B. No. 1366
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to preference to Texas bidders and best value for certain
1-3 state procurements.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subsection (b), Section 2155.074, Government
1-6 Code, is amended to read as follows:
1-7 (b) In determining the best value for the state, the
1-8 purchase price, [and] whether the goods or services meet
1-9 specifications, and the anticipated economic impact on the state,
1-10 including sales, ad valorem tax revenue, franchise tax revenue, and
1-11 any gain or loss of jobs, are the most important considerations.
1-12 However, the commission or other state agency may, subject to
1-13 Subsection (c) and Section 2155.075, consider other relevant
1-14 factors, including:
1-15 (1) installation costs;
1-16 (2) life cycle costs;
1-17 (3) the quality and reliability of the goods and
1-18 services;
1-19 (4) the delivery terms;
1-20 (5) indicators of probable vendor performance under
1-21 the contract such as past vendor performance, the vendor's
1-22 financial resources and ability to perform, the vendor's experience
1-23 or demonstrated capability and responsibility, and the vendor's
1-24 ability to provide reliable maintenance agreements and support;
1-25 (6) the cost of any employee training associated with
2-1 a purchase;
2-2 (7) the effect of a purchase on agency productivity;
2-3 and
2-4 (8) other factors relevant to determining the best
2-5 value for the state in the context of a particular purchase.
2-6 SECTION 2. Subchapter H, Chapter 2155, Government Code, is
2-7 amended by adding Section 2155.4439 to read as follows:
2-8 Sec. 2155.4439. PREFERENCE TO TEXAS BIDDERS. (a) The
2-9 commission and all state agencies procuring goods or services may
2-10 give preference to a Texas bidder if:
2-11 (1) the contract for goods or services has a value
2-12 greater than $100,000; or
2-13 (2) the comptroller estimates that the tax revenue
2-14 generated by the contract and payable to the state during the
2-15 contract period will have a value of at least $1 million.
2-16 (b) For each contemplated procurement that will have a value
2-17 greater than $100 million the procuring agency shall promptly
2-18 inform the comptroller of the contemplated procurement and the
2-19 comptroller shall complete a tax revenue analysis before the date
2-20 on which the bids or proposals, or the responses to a request for
2-21 qualifications, will be received by the commission or state agency.
2-22 The comptroller shall complete the requested analysis not later
2-23 than the 14th day after the date of receipt of all information
2-24 necessary to conduct the analysis.
2-25 (c) In the event of a conflict between this section and
2-26 Section 2252.002, this section controls.
3-1 (d) In this section, "Texas bidder" means a bidder whose
3-2 principal place of business is in this state, provided that a
3-3 permanently staffed, full-time office is maintained at the place of
3-4 business and that the bidder's principal decision makers conduct
3-5 the daily affairs of the bidder at the place of business. The mere
3-6 presence of an employee or representative does not establish that a
3-7 location is the principal place of business. The term includes a
3-8 contractor whose ultimate parent company or majority owner has its
3-9 principal place of business in this state.
3-10 SECTION 3. Subsection (a), Section 466.105, Government Code,
3-11 is amended to read as follows:
3-12 (a) A contract for the acquisition or provision of
3-13 facilities, supplies, equipment, materials, or services related to
3-14 the operation of the lottery is not subject to:
3-15 (1) Chapter 2054 or 2254; or
3-16 (2) Subtitle D, Title 10, except that Section
3-17 2155.4439 applies to the contract.
3-18 SECTION 4. Subsections (a) and (b), Section 2155.444,
3-19 Government Code, are amended to read as follows:
3-20 (a) To the extent consistent with Section 2155.4439, the
3-21 [The] commission and all state agencies making purchases of goods,
3-22 including agricultural products, shall give preference to those
3-23 produced or grown in this state or offered by Texas bidders as
3-24 follows:
3-25 (1) goods produced in this state or offered by Texas
3-26 bidders shall equally be given preference if the cost to the state
4-1 and quality are equal; and
4-2 (2) agricultural products grown in this state shall be
4-3 given first preference and agricultural products offered by Texas
4-4 bidders shall be given second preference, if the cost to the state
4-5 and quality are equal.
4-6 (b) Except as provided by Section 2155.4439, if [If] goods,
4-7 including agricultural products, produced or grown in this state or
4-8 offered by Texas bidders are not equal in cost and quality to other
4-9 products, then goods, including agricultural products, produced or
4-10 grown in other states of the United States shall be given
4-11 preference over foreign products if the cost to the state and
4-12 quality are equal.
4-13 SECTION 5. This Act takes effect immediately if it receives
4-14 a vote of two-thirds of all the members elected to each house, as
4-15 provided by Section 39, Article III, Texas Constitution. If this
4-16 Act does not receive the vote necessary for immediate effect, this
4-17 Act takes effect September 1, 2001.