SRC-LBB, TJG, JLB C.S.H.B. 3042 78(R)BILL ANALYSIS


Senate Research CenterC.S.H.B. 3042
78R18064 KEG-FBy: Cook, Robby (Ellis, Rodney)
Government Organization
5/24/2003
Committee Report (Substituted)


DIGEST AND PURPOSE 
 
Currently, there are several statutory provisions relating to the
administration of the Texas Building and Procurement Commission (TBPC)
that are either unnecessary or need clarification to help TBPC operate
more efficiently.  C.S.H.B. 3042 makes statutory revisions to assist TBPC
to operate in a more cost-efficient manner. 

RULEMAKING AUTHORITY

Rulemaking authority is expressly granted the Texas Building and
Procurement Commission in SECTIONS 7.15 (Section 2157.066,Government
Code), 7.20 (Section 2262.051,Government Code), and 7.28 (Section
2175.061,Government Code), of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1.01  Amends Section 2152.058(b), Government Code, to require the
Texas Building and Procurement Commission (TBPC) to meet at least
quarterly, rather than once a month. 

SECTION 1.02.  Amends Subchapter B, Chapter 2152, Government Code, by
adding Section 2152.065, as follows: 

Sec.  2152.065.  REPRESENTATION ON BOARD OR COMMITTEE.  Requires the
executive director or the director's designee to serve as TBPC's
representative on the board or committee under certain circumstances. 

SECTION 1.03.  Amends Section 2152.104(a), Government Code, to require
TBPC to have an appropriate number of, rather than three, associate deputy
directors. 

ARTICLE 2.  FACILITIES MANAGEMENT SERVICES

SECTION 2.01.  Amends Subchapter A, Chapter 2165, Government Code, by
adding Section 2165.007, as follows: 

Sec.  2165.07.  FACILITIES MANAGEMENT SERVICES.  (a)  Defines "facilities
management services." 

(b)  Requires TBPC to provide facilities management services in relation
to all state agency facilities in Travis County or a county adjacent to
Travis County. Provides that TBPC's duty does not apply in certain
circumstances. 

SECTION 2.02.  Amends Subchapter B, Chapter 2165, Government Code, by
adding Section 2165.057, as follows: 

Sec.  2165.057.  MANAGEMENT OF FACILITIES.  (a)  Requires TBPC to develop
and implement certain policies. 

(b)  Requires the state energy conservation office to provide utility
management services for state agency facilities for which TBPC provides
facility management services. 
 
SECTION 2.03.  Sets forth provisions relating to the transfer of the
facilities management services to TBPC. 

ARTICLE 3.  LEASE OF SPACE IN STATE-OWNED PARKING LOTS AND GARAGES.

SECTION 3.01.  Amends Subchapter E, Chapter 2165, Government Code, by
adding Section 2165.2035, as follows: 

Sec.  2165.2035.  LEASE OF SPACE IN STATE-OWNED PARKING LOTS AND GARAGES.

 (a)  Defines "lease."

(b)  Requires TBPC to develop certain uses for state-owned parking lots
and garages in Austin. 

(c)  Authorizes TBPC to contract with a private vendor to manage the
commercial use of state-owned parking lots and garages. 

(d)  Requires money received from a lease to be deposited in the general
revenue fund. 

(e)  Requires TBPC to submit a report to the legislature and Legislative
Budget Board on a certain date. 
 
(f)  Provides that the limitation of space allocated to private tenants
does not apply to the lease of a state-owned parking lot or garage under
this section. 

 (g)  Requires a lease to contain a certain provision.

ARTICLE 4.  LEASE OF SPACE FOR STATE AGENCIES

SECTION 4.01.  Amends Section 2167.001, Government Code, as follows:

 Sec.  2167.001.  APPLICABILITY.  Provides for the application of this
chapter. 

SECTION 4.02.  Amends Section 2167.005, Government Code, by adding
Subsection (d) to authorize TBPC to revoke a delegation of authority made
under this section. 

SECTION 4.03.  Amends Section 2167.007(c), Government Code, to authorize,
rather than require, TBPC to establish a system of charges and billings. 

SECTION 4.04.  Amends Section 2167.054(d), Government Code, to authorize,
rather than require, TBPC to perform certain actions. 

SECTION 4.05.  Amends Section 2167.055(d) and (f), Government Code, as
follows: 

 (d)  Authorizes certain lease contracts to be renewed under certain terms.

(f)  Provides that the obligation of the lessor to provide lease space and
of  TBPC to accept the space is binding on the execution of the lease,
rather than the award of the contract. 

SECTION 4.06.  Amends Section 2167.101, Government Code, to provide a time
that money is available to pay for a lease. 

SECTION 4.07.  Repeals certain sections of the Government Code.

 SECTION 4.08.  Provides the terms under which lease contracts are
governed. 

ARTICLE 5.  ALLOCATION OF OFFICE SPACE TO STATE AGENCIES

SECTION 5.01.  Amends Section 2165.104(c), Government Code, relating to
provisions regarding usable office space. 

SECTION 5.02.   Effective date of this article:  September 1, 2003.

ARTICLE 6.  WRITTEN COMMENTS BY THE GENERAL LAND OFFICE ON TEXAS BUILDING
AND PROCUREMENT COMMISSION LEASES 

SECTION 6.01.  Provides that certain sections of the Government Code are
repealed. 

ARTICLE 7.  GENERAL STATE PROCUREMENT

SECTION 7.01.  Amends Section 2171.101(a), Government Code, to require a
state agency to submit reports regarding fleet management on a monthly
basis. 

SECTION 7.02.  Amends Sections 2171.102(a) and (b), Government Code, as
follows: 

(a)  Authorizes, rather than requires, the office of vehicle fleet
management (office) to provide maintenance service for a fee to certain
state agencies. 

 (b)  Authorizes, rather than requires, the office to negotiate certain
contracts. 

SECTION 7.03.  Amends Sections 2171.104(c) and (d), Government Code, as
follows: 
 
 (c)  Requires the management plan to address certain matters.

(d)  Requires TBPC  to require a state agency to transfer and sell or
dispose of certain vehicles. 

SECTION 7.04.  Amends Chapter 2151, Government Code, by adding Section
2151.005, as follows: 

Sec.  2151.005.  EXEMPTIONS RELATED TO LEGAL SERVICES.  Provides that this
subsection does not apply to certain legal areas. 

SECTION 7.05.  Amends Section 2155.078(k), Government Code, requiring
continuing education and relating to maintenance of the certification
level. 

SECTION 7.06.  Amends Section 2155.141, Government Code, as follows:

Sec.  2155.141.  New heading:  PURCHASES FOR AUXILIARY ENTERPRISE NOT
WITHIN COMMISSION'S PURCHASING AUTHORITY.  Provides that TBPC's authority
does not extend to certain purchases of goods and services. 

SECTION 7.07.  Amends Section 2155.144, Government Code, by adding
Subsection (b-1) to provide that an agency under this section is not
delegated authority to procure certain common commodities or services. 

SECTION 7.08.  Amends Subchapter C, Chapter 2155, Government Code, by
adding Section 2155.148, as follows: 

Sec.  2155.148.  CERTAIN PURCHASES FOR TEXAS STATEWIDE EMERGENCY PERSONNEL
RETIREMENT FUND.  (a)  Provides that the fire fighters' pension
commissioner (commissioner) is delegated certain purchasing functions. 

   (b)  Requires the commissioner to acquire goods or services in a
certain manner. 

(c)  Requires TBPC to procure goods or services for the commissioner on
request. 

SECTION 7.09.  Amends Subchapter I, Chapter 2155, Government Code, by
adding Section 2155.510, as follows: 

 Sec.  2155.510.  REBATES.  (a)  Authorizes TBPC to collect a rebate from
a vendor. 
  (b)  Requires TBPC to ensure that purchases made with federal funds are
reported. 

SECTION 7.10.  Amends the heading to Subchapter B, Chapter 2157,
Government Code, to read as follows: 

 SUBCHAPTER B.  CATALOG PURCHASE METHOD

SECTION 7.11.  Amends Section 2157.061, Government Code, as follows:

Sec.  2157.061.  New heading:  USE OF CATALOG PURCHASE METHOD REQUIRED
UNLESS BEST VALUE AVAILABLE ELSEWHERE.  Makes a conforming change. 

SECTION 7.12.  Amends Section 2157.0611, Government Code, as follows:

Sec.  2157.0611.  REQUIREMENT TO EVALUATE THREE OFFERS WHEN POSSIBLE.
Makes conforming changes. 

SECTION 7.13  Amends Section 2157.062, Government Code, as follows:

Sec.  2157.062.  New heading:  BASIC REQUIREMENTS FOR CATALOG VENDOR.
Lists the minimum required of a catalog information systems vendor. 

SECTION 7.14.  Amends Section 2157.063(a), Government Code, to make a
conforming change. 

SECTION 7.15.  Amends Section 2157.066, Government Code, by amending
Subsections (a), (b), and (f) and adding Subsection (g), as follows: 

 (a)-(f)  Make conforming changes.

(g)  Requires TBPC to adopt rules that specify the requirements for a
catalog information systems vendor's maintenance of Internet catalogs. 

SECTION 7.16.  Amends Section 2157.067(a), Government Code, to make a
conforming change. 

SECTION 7.17.  Amends Section 2157.068 (b), Government Code, to make a
conforming change. 

SECTION 7.18.  Amends Chapter 2254, Government Code, by adding Subchapter
D, as follows: 

SUBCHAPTER D.  OUTSIDE LEGAL SERVICES

 Sec.  2254.151.  DEFINITION.  Defines "state agency."

Sec.  2254.152.  APPLICABILITY.  Provides that this subchapter does not
apply to a contingent fee contract for legal services. 

Sec.  2254.153.  CONTRACTS FOR LEGAL SERVICES AUTHORIZED.  Authorizes a
state agency to contract for outside legal services. 
 
Sec.  2254.154.  ATTORNEY GENERAL; COMPETITIVE PROCUREMENT. Authorizes the
attorney general to require state agencies to obtain outside legal
services through a competitive procurement process. 

SECTION 7.19.  Amends Section 2262.001, Government Code, by adding
Subdivision (1-a) to define "commission." 

SECTION 7.20.  Amends Sections 2262.051(a) and (b), Government Code, as
follows: 

(a)  Requires TBPC, rather than the attorney general, along with certain
other agencies to develop or periodically update a contract management
guide. 

(b) Authorizes TBPC, rather than the attorney general, to adopt rules
necessary to develop or update the guide. 

SECTION 7.21.  Amends Section 2262.052(b), Government Code, to make a
conforming change. 

SECTION 7.22.  Amends Section 2262.053(a), Government Code, to require
certain entities to develop and administer a training program for contract
managers.  Makes conforming and nonsubstantive changes. 

SECTION 7.23.  Amends Section 2262.054, Government Code, to make a
conforming change. 

SECTION 7.24.  Amends Section 2262.101, Government Code, to make
conforming changes. 

SECTION 7.25.  Repealer: Sections 2155.142, 2157.001(2), 2157.064,
2157.065,2157.066(c) and (d), and 2261.001(e), Government Code. 

SECTION 7.26.  Makes application of the changes in law made by this
acticle to Section 2155.141, Government Code, prospective. 

SECTION 7.27.  (a) Defines "commission."

(b) Provides that certain powers and duties are transferred to TBPC, not
later than February 1, 2004. 

SECTION 7.28.  Amends Section 2175.061, Government Code, to authorize
TBPC, by rule, determine the best method of disposal for surplus and
salvage property of the state under this chapter. 

SECTION 7.29.  Amends Section 2175.134(a), Government Code, to require
proceeds from the sale of surplus or salvage property, less the cost of
advertising the sale, the cost of selling the surplus or salvage property,
including the cost of auctioneer services, and the amount of the fee
collected under Section 21.75, to be deposited to the credit of the
general revenue fund of the state treasury, rather than appropriate
appropriation item of the state agency for which the sale was made. 

SECTION 7.30.  Amends Section 2175.182(a), Government Code, to delete text
relating to a state agency maintaining ownership of property throughout
the disposal process. 

SECTION 7.31.  Amends Section 2175.185(b), Government Code, to delete text
requiring the comptroller, on receiving notice under this section, to
debit and credit the proper appropriations. 

SECTION 7.32.  Amends Section 2175.191(a), Government Code, to make a
conforming change. 

SECTION 7.33.  Amends Section 2175.361, Government Code, to redefine
"federal act" and "federal property." 
 
SECTION 7.34.  Amends Section 2175.362(a), Government Code, to provide
that TBPC is the designated state agency under 40 U.S.C. Section 549 and
any other federal law providing for the disposal of federal surplus
property.  Deletes text relating to Section 484j of the federal act. 

SECTION 7.35.  Amends Section 2175.364, Government Code, to authorize TBPC
to take certain actions.  Makes conforming changes. 

SECTION 7.36.  Amends Section 2175.367, Government Code, to authorize TBPC
to enter into certain agreements.  Makes conforming changes. 

SECTION 7.37.  Repealer: Sections 2175.134(b) and 2175.191(b), Government
Code. 

SECTION 7.38.  Makes the changes in law made by this article to Chapter
2175, Government Code, prospective. 

SECTION 7.39.  Amends Section 2166.001(8), Government Code, to redefine
"small construction project." 

SECTION 7.40.  Amends Section 2166.2531, Government Code, to delete budget
from the list of items for which TBPC is required to prepare a request for
qualifications. 

SECTION 7.41.  Amends Sections 2166.2532(e) and (g), Government Code, as
follows: 

(e) Deletes estimated budget from the list of items to be included in a
request for proposals prepared by TBPC. 

(g) Deletes text requiring TBPC, at the appropriate step, to also read
aloud the fees and prices, if any, stated in each proposal as the
proposal. 

SECTION 7.42.  Amends Sections 2166.2533(d) and (f), as follows:

(d) Makes a conforming change.

(f) Deletes text relating to prices required to be stated in each proposal.

SECTION 7.43.  Amends Subchapter F, Chapter 2166, Government Code, by
adding Section 2166.260, as follows: 

Sec. 2166.260.  APPROVAL OF CERTAIN EXPENDITURES REQUIRED.  Prohibits a
state agency from spending more than the amount authorized for the cost of
a project unless the governor and the Legislative Budget Board (LBB)
approve the expenditure. Requires each change to approved project plans,
once the cost of a project reaches the amount authorized for the project,
to be approved by the governor and LBB. 

SECTION 7.44.  Amends Section 2166.302, Government Code, as follows:

(a) Makes a conforming and a nonsubstantive change.

(b) Provides that TBPC is not required to adopt uniform general conditions
for small construction projects, as defined by Section 2166.001.   

SECTION 7.45.  Amends Section 2166.305(b), Government Code, to provide
that the committee consists of certain individuals. 

SECTION 7.46.  Repealer: Section 2166.201, Government Code.

SECTION 7.47.  Makes the changes in law made by this article to Sections
2166.2531, 2166.2532, and 2166.2533, Government Code, prospective. 

 ARTICLE 8.  TRAVEL SERVICES CONTRACTS

SECTION 8.01.  Amends Sections 2171.052(b) and (c), Government Code, as
follows: 

(b) Authorizes, rather than requires, the central travel office to
negotiate contracts with private travel agents, with travel and
transportation providers, and with credit card companies that provide
travel services and other benefits to the state.  Makes a conforming
change. 

(c) Deletes text relating to allowing contracts to provide travel services
by as many private travel agents as possible.  Makes a conforming change. 

SECTION 8.02.  Repealer: Section 2171.052(e), Government Code.

ARTICLE 9.  SCHOOL BUS SAFETY STANDARDS

SECTION 9.01.  Amends Section 34.002(a), Education Code, to require the
Department of Public Safety (DPS), with the advice of the Texas Education
Agency, to establish safety standards for school buses used to transport
students in accordance with Section 34.003, rather than 34.002, Education
Code.  Deletes text relating to the General Services Commission giving
advice to DPS. 

SECTION 9.02.  Amends Sections 547.7015(a) and (b), Transportation Code,
as follows: 

(a) Requires DPS, rather than the General Services Commission, with the
advice of DPS, to adopt and enforce certain rules. 

(b) Makes a conforming change.

SECTION 9.03.  Provides that rules that were adopted under Section
547.7015, Transportation Code, before the effective date of this article
are continued in effect as rules of DPS until the rules are amended,
repealed, or superseded by an action of DPS. 

ARTICLE 10.  CENTRAL SUPPLY STORE; REPAIR FACILITY

SECTION 10.01.  Amends Section 2172.001(a), Government Code, to authorize,
rather than require, TBPC to operate a central supply store at which only
state agencies, the legislature, and legislative agencies may obtain small
supply items.  Requires TBPC, if TBPC operates a central supply store, to
devise an appropriate method of billing a using entity for the supplies. 
 
SECTION 10.02  Amends Section 2172.002(a), Government Code, to authorize,
rather than require, TBPC to maintain a facility for repairing office
machines and to offer repair services to certain entities located in
Austin. 

SECTION 10.03.  Repealer:  Section 2172.001(b) (requiring TBPC to operate
a central supply store), Government Code. 

ARTICLE 11.  EFFECTIVE DATE

SECTION 11.01.  Effective date:  upon passage or September 1, 2003.