78R2032 MTB-D
By: Villarreal H.B. No. 1018
A BILL TO BE ENTITLED
AN ACT
relating to a purchasing preference for vendors that provide
employee dependent care benefits.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter H, Chapter 2155, Government Code, is
amended by adding Section 2155.451 to read as follows:
Sec. 2155.451. PREFERENCE FOR VENDORS RECEIVING FAMILY
FRIENDLY DESIGNATION. (a) The commission and state agencies shall
give preference to goods or services of a vendor that receives a
family friendly designation from the Texas Workforce Commission if:
(1) the goods or services meet specifications
regarding quantity and quality; and
(2) the cost of the good or service does not exceed the
cost of other similar goods or services that are produced by a
vendor that does not receive a family friendly designation from the
Texas Workforce Commission.
(b) Notwithstanding Subsection (a), during the state fiscal
biennium that begins September 1, 2003, the commission and state
agencies shall give preference to goods or services of a vendor that
participates in a dependent care benefits assessment conducted by
an employer dependent care coalition and develops a plan for
improving employee dependent care benefits in accordance with
Subsection (e) if:
(1) the goods or services meet specifications
regarding quantity and quality; and
(2) the cost of the good or service does not exceed the
cost of other similar goods or services that are produced by a
vendor that does not participate in a dependent care benefits
assessment by an employer dependent care coalition or develop a
plan for improving employee dependent care benefits in accordance
with Subsection (e).
(c) This subsection and Subsection (b) expire September 1,
2005.
(d) Notwithstanding Subsection (a), during the state fiscal
biennium that begins September 1, 2005, the commission and state
agencies shall give preference to goods or services of a vendor that
implements the plan for improving employee dependent care benefits
that was developed as part of an assessment by an employer dependent
care coalition in accordance with Subsection (e) if:
(1) the goods or services meet specifications
regarding quantity and quality; and
(2) the cost of the good or service does not exceed the
cost of other similar goods or services that are produced by a
vendor that does not implement a plan for improving employee
dependent care benefits that was developed as part of an assessment
by an employer dependent care coalition in accordance with
Subsection (e).
(e) For the purposes of Subsections (b) and (d), the
employer dependent care coalition:
(1) must be working under a contract with the Texas
Workforce Commission; and
(2) is responsible for certifying, as applicable,
that:
(A) the coalition has assessed the dependent care
benefits of an employer;
(B) the employer has developed a plan for
improving employee dependent care benefits as part of its
participation in the assessment by the coalition; and
(C) the employer is implementing the plan.
(f) This subsection and Subsections (d) and (e) expire
September 1, 2007.
SECTION 2. Subchapter Z, Chapter 271, Local Government
Code, is amended by adding Section 271.907 to read as follows:
Sec. 271.907. PREFERENCE FOR VENDORS RECEIVING FAMILY
FRIENDLY DESIGNATION. (a) In this section, "local government"
means a county, municipality, special district, school district,
junior college district, or other political subdivision of the
state.
(b) A local government shall give preference to goods or
services of a vendor that receives a family friendly designation
from the Texas Workforce Commission if:
(1) the goods or services meet specifications
regarding quantity and quality; and
(2) the cost of the good or service does not exceed the
cost of other similar goods or services that are produced by a
vendor that does not receive a family friendly designation from the
Texas Workforce Commission.
(c) Notwithstanding Subsection (b), during the state fiscal
biennium that begins September 1, 2003, a local government shall
give preference to goods or services of a vendor that participates
in a dependent care benefits assessment conducted by an employer
dependent care coalition and develops a plan for improving employee
dependent care benefits in accordance with Subsection (e) if:
(1) the goods or services meet specifications
regarding quantity and quality; and
(2) the cost of the good or service does not exceed the
cost of other similar goods or services that are produced by a
vendor that does not participate in a dependent care benefits
assessment by an employer dependent care coalition or develop a
plan for improving employee dependent care benefits in accordance
with Subsection (e).
(d) This subsection and Subsection (c) expire September 1,
2005.
(e) Notwithstanding Subsection (b), during the state fiscal
biennium that begins September 1, 2005, a local government shall
give preference to goods or services of a vendor that implements the
plan for improving employee dependent care benefits that was
developed as part of an assessment by an employer dependent care
coalition in accordance with Subsection (e) if:
(1) the goods or services meet specifications
regarding quantity and quality; and
(2) the cost of the good or service does not exceed the
cost of other similar goods or services that are produced by a
vendor that does not implement a plan for improving employee
dependent care benefits that was developed as part of an assessment
by an employer dependent care coalition in accordance with
Subsection (e).
(f) For the purposes of Subsections (c) and (e), the
employer dependent care coalition:
(1) must be working under a contract with the Texas
Workforce Commission; and
(2) is responsible for certifying, as applicable,
that:
(A) the coalition has assessed the dependent care
benefits of an employer;
(B) the employer has developed a plan for
improving employee dependent care benefits as part of its
participation in the assessment by the coalition; and
(C) the employer is implementing the plan.
(g) This subsection and Subsections (e) and (f) expire
September 1, 2007.
SECTION 3. Chapter 81, Labor Code, is amended by adding
Section 81.010 to read as follows:
Sec. 81.010. FAMILY FRIENDLY DESIGNATION. (a) In this
section, "family friendly," means the provision of dependent care
benefits and the adoption of policies relating to dependent care
that have a value to employees that is appropriate to the size and
nature of an employer's operations, as determined by commission
rule.
(b) The commission, in consultation with employer dependent
care coalitions, shall by rule develop a rating system for
employers to determine the degree to which the employer is family
friendly. In developing the system, the commission shall take into
consideration the different sizes and kinds of businesses.
(c) Only employers that receive the highest rating under the
system developed under Subsection (b) qualify for a family friendly
designation.
(d) The commission shall publish on its website a list
showing each employer that currently holds a family friendly
designation.
(e) A governmental entity shall use the information
published under Subsection (d) to evaluate bids for goods and
services. A governmental entity may rely on information published
under Subsection (d) to meet the requirements of Section 2155.451,
Government Code, and Section 271.907, Local Government Code.
SECTION 4. This Act takes effect September 1, 2003.