1-1 By: Van de Putte, Bernsen S.B. No. 1366
1-2 (In the Senate - Filed March 8, 2001; March 13, 2001, read
1-3 first time and referred to Committee on State Affairs; May 3, 2001,
1-4 reported adversely, with favorable Committee Substitute by the
1-5 following vote: Yeas 9, Nays 0; May 3, 2001, sent to printer.)
1-6 COMMITTEE SUBSTITUTE FOR S.B. No. 1366 By: Gallegos
1-7 A BILL TO BE ENTITLED
1-8 AN ACT
1-9 relating to preference to Texas bidders and best value for certain
1-10 state procurements.
1-11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-12 SECTION 1. Subsection (b), Section 2155.074, Government
1-13 Code, is amended to read as follows:
1-14 (b) In determining the best value for the state, the
1-15 purchase price, [and] whether the goods or services meet
1-16 specifications, and the anticipated economic impact on the state,
1-17 including sales, ad valorem tax revenue, and any gain or loss of
1-18 jobs, are the most important considerations. However, the
1-19 commission or other state agency may, subject to Subsection (c) and
1-20 Section 2155.075, consider other relevant factors, including:
1-21 (1) installation costs;
1-22 (2) life cycle costs;
1-23 (3) the quality and reliability of the goods and
1-24 services;
1-25 (4) the delivery terms;
1-26 (5) indicators of probable vendor performance under
1-27 the contract such as past vendor performance, the vendor's
1-28 financial resources and ability to perform, the vendor's experience
1-29 or demonstrated capability and responsibility, and the vendor's
1-30 ability to provide reliable maintenance agreements and support;
1-31 (6) the cost of any employee training associated with
1-32 a purchase;
1-33 (7) the effect of a purchase on agency productivity;
1-34 and
1-35 (8) other factors relevant to determining the best
1-36 value for the state in the context of a particular purchase.
1-37 SECTION 2. Subchapter H, Chapter 2155, Government Code, is
1-38 amended by adding Section 2155.4439 to read as follows:
1-39 Sec. 2155.4439. PREFERENCE TO TEXAS BIDDERS. (a) The
1-40 commission and all state agencies procuring goods or services may
1-41 give preference to a Texas bidder if:
1-42 (1) the contract for goods or services has a value
1-43 greater than $100,000; or
1-44 (2) the comptroller estimates that the tax revenue
1-45 generated by the contract and payable to the state during the
1-46 contract period will have a value of at least $1 million.
1-47 (b) For each contemplated procurement that will have a value
1-48 greater than $100 million the procuring agency shall promptly
1-49 inform the comptroller of the contemplated procurement and the
1-50 comptroller shall complete a tax revenue analysis before the date
1-51 on which the bids or proposals, or the responses to a request for
1-52 qualifications, will be received by the commission or state agency.
1-53 The comptroller shall complete the requested analysis not later
1-54 than the 14th day after the date of receipt of all information
1-55 necessary to conduct the analysis.
1-56 (c) In the event of a conflict between this section and
1-57 Section 2252.002, this section controls.
1-58 (d) In this section, "Texas bidder" means a bidder whose
1-59 principal place of business is in this state, provided that a
1-60 permanently staffed, full-time office is maintained at the place of
1-61 business and that the bidder's principal decision makers conduct
1-62 the daily affairs of the bidder at the place of business. The mere
1-63 presence of an employee or representative does not establish that a
1-64 location is the principal place of business. The term includes a
2-1 contractor whose ultimate parent company or majority owner has its
2-2 principal place of business in this state.
2-3 SECTION 3. Subsection (a), Section 466.105, Government Code,
2-4 is amended to read as follows:
2-5 (a) A contract for the acquisition or provision of
2-6 facilities, supplies, equipment, materials, or services related to
2-7 the operation of the lottery is not subject to:
2-8 (1) Chapter 2054 or 2254; or
2-9 (2) Subtitle D, Title 10, except that Section
2-10 2155.4439 applies to the contract.
2-11 SECTION 4. Subsections (a) and (b), Section 2155.444,
2-12 Government Code, are amended to read as follows:
2-13 (a) To the extent consistent with Section 2155.4439, the
2-14 [The] commission and all state agencies making purchases of goods,
2-15 including agricultural products, shall give preference to those
2-16 produced or grown in this state or offered by Texas bidders as
2-17 follows:
2-18 (1) goods produced in this state or offered by Texas
2-19 bidders shall equally be given preference if the cost to the state
2-20 and quality are equal; and
2-21 (2) agricultural products grown in this state shall be
2-22 given first preference and agricultural products offered by Texas
2-23 bidders shall be given second preference, if the cost to the state
2-24 and quality are equal.
2-25 (b) Except as provided by Section 2155.4439, if [If] goods,
2-26 including agricultural products, produced or grown in this state or
2-27 offered by Texas bidders are not equal in cost and quality to other
2-28 products, then goods, including agricultural products, produced or
2-29 grown in other states of the United States shall be given
2-30 preference over foreign products if the cost to the state and
2-31 quality are equal.
2-32 SECTION 5. This Act takes effect immediately if it receives
2-33 a vote of two-thirds of all the members elected to each house, as
2-34 provided by Section 39, Article III, Texas Constitution. If this
2-35 Act does not receive the vote necessary for immediate effect, this
2-36 Act takes effect September 1, 2001.
2-37 * * * * *