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By: Cook of Colorado (Senate Sponsor - Ellis) H.B. No. 3042
(In the Senate - Received from the House May 5, 2003;
May 7, 2003, read first time and referred to Committee on
Government Organization; May 26, 2003, reported adversely, with
favorable Committee Substitute by the following vote: Yeas 5, Nays
0; May 26, 2003, sent to printer.)
COMMITTEE SUBSTITUTE FOR H.B. No. 3042 By: Ellis
A BILL TO BE ENTITLED
AN ACT
relating to the administration and functions of the Texas Building
and Procurement Commission and related matters.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
ARTICLE 1. GENERAL ADMINISTRATION
SECTION 1.01. Section 2152.058(b), Government Code, is
amended to read as follows:
(b) The commission shall meet at least quarterly [once each
month]. The commission may meet at other times at the call of the
presiding officer or as provided by the commission's rules.
SECTION 1.02. Subchapter B, Chapter 2152, Government Code,
is amended by adding Section 2152.065 to read as follows:
Sec. 2152.065. REPRESENTATION ON BOARD OR COMMITTEE. If
the commission must be represented on a board or committee, the
executive director or the executive director's designee shall serve
as the commission's representative on the board or committee unless
the presiding officer of the commission elects to personally serve
as the commission's representative or appoints a specific person to
serve as the commission's representative on the board or committee.
SECTION 1.03. Section 2152.104(a), Government Code, is
amended to read as follows:
(a) The commission shall have an appropriate number of
[three] associate deputy directors.
ARTICLE 2. FACILITIES MANAGEMENT SERVICES
SECTION 2.01. Subchapter A, Chapter 2165, Government Code,
is amended by adding Section 2165.007 to read as follows:
Sec. 2165.007. FACILITIES MANAGEMENT SERVICES. (a) In this
section, "facilities management services" means any state agency
facilities management service that is not unique to carrying out a
program of the agency. The term includes services related to
facilities construction, facilities management, general building
and grounds maintenance, cabling, and facility reconfiguration.
(b) Notwithstanding any other law, the commission shall
provide facilities management services in relation to all state
agency facilities in Travis County or a county adjacent to Travis
County. The commission's duty does not apply to:
(1) a facility owned or operated by an institution of
higher education;
(2) military facilities;
(3) facilities owned or operated by the Texas
Department of Criminal Justice;
(4) facilities owned or operated by the Texas Youth
Commission;
(5) facilities owned or operated by the Texas
Department of Transportation;
(6) the Capitol, including the Capitol Extension, the
General Land Office building, and any museum located on the Capitol
grounds;
(7) a facility determined by the commission to be
completely residential; or
(8) a regional or field office of a state agency.
SECTION 2.02. Subchapter B, Chapter 2165, Government Code,
is amended by adding Section 2165.057 to read as follows:
Sec. 2165.057. MANAGEMENT OF FACILITIES. (a) The
commission shall develop and implement policies that clearly define
the responsibilities of the commission and the commission's staff
that relate to conducting facilities management services for state
agency facilities under Section 2165.007.
(b) The state energy conservation office shall provide
utility management services for state agency facilities for which
the commission provides facilities management services under
Section 2165.007.
SECTION 2.03. On September 1, 2003:
(1) all powers and duties of a state agency that relate
to the facilities management services treated by Section
2165.007(b), Government Code, as added by this article, are
transferred to the Texas Building and Procurement Commission or the
state energy conservation office, as appropriate;
(2) all obligations and contracts of a state agency
that relate to the transferred services are transferred to the
Texas Building and Procurement Commission or the state energy
conservation office, as appropriate;
(3) all records and other property in the custody of a
state agency that relate to the transferred services and all funds
appropriated by the legislature to a state agency that relate to the
transferred services are transferred to the Texas Building and
Procurement Commission or the state energy conservation office, as
appropriate;
(4) all complaints and investigations that are pending
before a state agency that relate to the transferred services are
transferred without change in status to the Texas Building and
Procurement Commission or the state energy conservation office, as
appropriate; and
(5) a rule or form adopted by a state agency that
relates to the transferred services is considered to be a rule or
form of the Texas Building and Procurement Commission and remains
in effect until altered by the commission or the state energy
conservation office, as appropriate.
ARTICLE 3. LEASE OF SPACE IN STATE-OWNED PARKING LOTS AND GARAGES
SECTION 3.01. Subchapter E, Chapter 2165, Government Code,
is amended by adding Section 2165.2035 to read as follows:
Sec. 2165.2035. LEASE OF SPACE IN STATE-OWNED PARKING LOTS
AND GARAGES. (a) In this section, "lease" includes a management
agreement.
(b) The commission shall develop private, commercial uses
for state-owned parking lots and garages located in the city of
Austin at locations the commission determines are appropriate for
commercial uses outside of regular business hours.
(c) The commission may contract with a private vendor to
manage the commercial use of state-owned parking lots and garages.
(d) Money received from a lease under this program shall be
deposited to the credit of the general revenue fund.
(e) On or before December 1 of each even-numbered year, the
commission shall submit a report to the legislature and the
Legislative Budget Board describing the effectiveness of the
program under this section.
(f) The limitation on the amount of space allocated to
private tenants prescribed by Section 2165.205(b) does not apply to
the lease of a state-owned parking lot or garage under this section.
(g) Any lease of a state-owned parking lot or garage under
this section must contain a provision that allows state employees
who work hours other than regular working hours under Section
658.005 to retain their parking privileges in a state-owned parking
lot or garage.
ARTICLE 4. LEASE OF SPACE FOR STATE AGENCIES
SECTION 4.01. Section 2167.001, Government Code, is amended
to read as follows:
Sec. 2167.001. APPLICABILITY. (a) This chapter applies
to:
(1) office space;
(2) warehouse space;
(3) laboratory space;
(4) storage space exceeding 1,000 gross square feet;
[and]
(5) boat storage space;
(6) aircraft hangar space;
(7) vehicle parking space; and
(8) a combination of those kinds of space.
(b) This chapter does not apply to:
(1) [aircraft hangar space;
[(2)] radio antenna space;
(2) [(3) boat storage space;
[(4) vehicle parking space;
[(5)] residential space for a Texas Department of
Mental Health and Mental Retardation program;
(3) [(6)] residential space for a Texas Youth
Commission program;
(4) [(7)] space to be used for less than one month for
meetings, conferences, conventions, seminars, displays,
examinations, auctions, or similar purposes;
(5) [(8)] district office space for members of the
legislature;
(6) [(9)] space used by the Texas Workforce
[Employment] Commission;
(7) [(10)] residential property acquired by the Texas
Department of Housing and Community Affairs or the Texas State
Affordable Housing Corporation that is offered for sale or rental
to individuals and families of low or very low income or families of
moderate income; or
(8) [(11)] except as provided by Section 2167.007,
classroom and instructional space for an institution of higher
education.
SECTION 4.02. Section 2167.005, Government Code, is amended
by adding Subsection (d) to read as follows:
(d) The commission may revoke a delegation of authority made
under this section.
SECTION 4.03. Section 2167.007(c), Government Code, is
amended to read as follows:
(c) The commission may [shall] establish a system of charges
and billings to assure the recovery of the cost of providing
services under Subsection (a) and may [shall] submit, after the
close of each month, a purchase voucher or journal voucher to an
agency for which services were provided.
SECTION 4.04. Section 2167.054(d), Government Code, is
amended to read as follows:
(d) As provided in a request for proposals and under rules
adopted by the commission, the commission may discuss acceptable or
potentially acceptable proposals with offerors to assess an
offeror's ability to meet the solicitation requirements and to
obtain the most advantageous lease contract for the state. The
commission may [shall] invite a leasing state agency to participate
in discussions and negotiations conducted under this section.
After receiving a proposal but before making an award, the
commission may permit the offeror to revise the proposal to obtain
the best final proposal.
SECTION 4.05. Sections 2167.055(d) and (f), Government
Code, are amended to read as follows:
(d) A lease contract that does not contain an option to
renew may, on agreement of the parties, be renewed under terms to
which all parties to the contract agree [once under the provisions
of the original contract for a term that does not exceed one year].
(f) The obligation of the lessor to provide lease space and
of the commission to accept the space is binding on the execution of
the lease [award of the] contract.
SECTION 4.06. Section 2167.101, Government Code, is amended
to read as follows:
Sec. 2167.101. CERTIFICATION OF AVAILABLE MONEY. A state
agency occupying space leased under this chapter shall certify to
the commission, at least 60 days before the beginning of each fiscal
biennium during the lease term, that money is available to pay for
the lease until the end of the next fiscal biennium.
SECTION 4.07. The following laws are repealed:
(1) Section 2167.003(c), Government Code;
(2) Section 2167.004(b), Government Code; and
(3) Section 2167.106, Government Code.
SECTION 4.08. A lease contract entered into by the Texas
Building and Procurement Commission before September 1, 2003, under
Chapter 2167, Government Code, is governed during the remaining
term of the lease by Chapter 2167, Government Code, as it existed
immediately before September 1, 2003, and the prior law is
continued in effect for this purpose. Chapter 2167, Government
Code, as amended by this article, applies to the renewal of a lease
described by this section.
ARTICLE 5. ALLOCATION OF OFFICE SPACE TO STATE AGENCIES
SECTION 5.01. Section 2165.104(c), Government Code, is
amended to read as follows:
(c) To the extent possible without sacrificing critical
public or client services, the commission may not allocate usable
office space, as defined by the commission, to a state agency under
Article I, II, V, VI, VII, or VIII of the General Appropriations Act
or to the Texas Higher Education Coordinating Board, the Texas
Education Agency, the State Board for Educator Certification, the
Telecommunications Infrastructure Fund Board, or the Office of
Court Administration of the Texas Judicial System in an amount that
exceeds an average of 135 [153] square feet per agency employee for
each agency site. To the extent that any of those agencies
allocates its own usable office space, as defined by the
commission, the agency shall allocate the space to achieve the
required ratio. This subsection does not apply to:
(1) an agency site at which there are so few employees
that it is not practical to apply this subsection to that site, as
determined by the commission [fewer than 16 employees are located];
and
(2) an agency site at which it is not practical to
apply this subsection because of the site's type of space or use of
space, as determined by the commission [warehouse space;
[(3) laboratory space;
[(4) storage space exceeding 1,000 gross square feet;
[(5) library space;
[(6) space for hearing rooms used to conduct hearings
required under the administrative procedure law, Chapter 2001; or
[(7) another type of space specified by commission
rule, if the commission determines that it is not practical to apply
this subsection to that space].
SECTION 5.02. This article applies only to a lease for
usable office space entered into or renewed on or after September 1,
2003. A lease entered into or renewed before September 1, 2003,
shall be reviewed by the Texas Building and Procurement Commission
as the lease comes up for renewal to determine whether it would be
cost-effective to bring the lease into compliance with Section
2165.104(c), Government Code, as amended by this article.
ARTICLE 6. WRITTEN COMMENTS BY THE GENERAL LAND OFFICE ON TEXAS
BUILDING AND PROCUREMENT COMMISSION LEASES
SECTION 6.01. The following sections are repealed:
(1) Section 2165.154, Government Code; and
(2) Section 2165.204, Government Code.
ARTICLE 7. GENERAL STATE PROCUREMENT
SECTION 7.01. Section 2171.101(a), Government Code, is
amended to read as follows:
(a) The office of vehicle fleet management shall establish a
vehicle reporting system to assist each state agency in the
management of its vehicle fleet. A state agency shall be required
to submit the reports on a monthly basis [not more often than
semiannually].
SECTION 7.02. Sections 2171.102(a) and (b), Government
Code, are amended to read as follows:
(a) The office of vehicle fleet management may, for a fee,
[shall] provide routine periodic maintenance service to state
agencies located in Travis County. [The office shall charge a fee
for the service.]
(b) The office may [shall] negotiate contracts for major
overhauls and other extensive mechanical work.
SECTION 7.03. Sections 2171.104(c) and (d), Government
Code, are amended to read as follows:
(c) The management plan must address:
(1) opportunities for consolidating and privatizing
the operation and management of vehicle fleets in areas where there
is a concentration of state agencies, including the Capitol Complex
and the Health and Human Services Complex in Austin;
(2) the number and type of vehicles owned by each
agency and the purpose each vehicle serves;
(3) procedures to increase vehicle use and improve the
efficiency of the state vehicle fleet;
(4) procedures to reduce the cost of maintaining state
vehicles;
(5) procedures to handle surplus or salvage [the sale
of excess] state vehicles; and
(6) lower-cost alternatives to using state-owned
vehicles, including:
(A) using rental cars; and
(B) reimbursing employees for using personal
vehicles.
(d) The commission shall require a state agency to transfer
surplus or salvage vehicles identified by the management plan to
the commission and shall sell or dispose of the [excess] vehicles in
accordance with the provisions of Chapter 2175 that provide for
disposition of surplus or salvage property by the commission
[identified by the management plan and deposit the proceeds from
the sale into the account that the agency used to purchase the
vehicles].
SECTION 7.04. Chapter 2151, Government Code, is amended by
adding Section 2151.005 to read as follows:
Sec. 2151.005. EXEMPTIONS RELATED TO LEGAL SERVICES. This
subtitle does not apply to:
(1) obtaining outside legal counsel services;
(2) obtaining expert witnesses; or
(3) procuring litigation-related goods and services
for which competitive procurement is not feasible under the
circumstances.
SECTION 7.05. Section 2155.078(k), Government Code, is
amended to read as follows:
(k) The commission shall require a reasonable number of [24]
hours of continuing education [each year] to maintain a
certification level. The commission may allow attendance at
equivalent certification training recognized by the commission to
count toward the required number of [up to 16] hours [of the
continuing education requirement]. Maintenance of the
certification level may be by yearly renewal or another reasonable
renewal period comparable to nationally recognized certification
requirements.
SECTION 7.06. Section 2155.141, Government Code, is amended
to read as follows:
Sec. 2155.141. [CERTAIN OTHER] PURCHASES FOR AUXILIARY
ENTERPRISE NOT WITHIN COMMISSION'S PURCHASING AUTHORITY. The
commission's authority does not extend to a purchase of goods and
services[:
[(1) for resale;
[(2)] for an auxiliary enterprise[; or
[(3) for an organized activity relating to an
instructional department of an institution of higher learning or a
similar activity of another state agency].
SECTION 7.07. Section 2155.144, Government Code, is amended
by adding Subsection (b-1) to read as follows:
(b-1) An agency to which this section applies is not
delegated the authority to procure common commodities or services:
(1) including goods and services acquired for direct
consumption or use by the agency in the day-to-day support of the
agency's administrative operations, such as office supplies and
equipment, building maintenance and cleaning services, or
temporary employment services; and
(2) not including consulting services, professional
services, health care services, information resources technology,
goods or services acquired for the benefit or on behalf of clients
of programs operated by the agency, procurements specifically
authorized or delegated to the agency by statute, or the
contracting out of agency purchasing functions or other
administrative or program functions.
SECTION 7.08. Subchapter C, Chapter 2155, Government Code,
is amended by adding Section 2155.148 to read as follows:
Sec. 2155.148. CERTAIN PURCHASES FOR TEXAS STATEWIDE
EMERGENCY SERVICES PERSONNEL RETIREMENT FUND. (a) The fire
fighters' pension commissioner is delegated all purchasing
functions relating to the purchase of goods or services from funds
other than general revenue funds for a purpose the state board of
trustees of the Texas statewide emergency services personnel
retirement fund determines relates to the fiduciary duties of the
retirement fund.
(b) The fire fighters' pension commissioner shall acquire
goods or services by any procurement method approved by the state
board of trustees of the Texas statewide emergency services
personnel retirement fund that provides the best value to the
retirement fund. The fire fighters' pension commissioner shall
consider the best value standards provided by Section 2155.074.
(c) The commission shall procure goods or services for the
fire fighters' pension commissioner at the request of the pension
commissioner, and the pension commissioner may use the services of
the commission in procuring goods or services.
SECTION 7.09. Subchapter I, Chapter 2155, Government Code,
is amended by adding Section 2155.510 to read as follows:
Sec. 2155.510. REBATES. (a) The commission may collect a
rebate from a vendor under a contract listed on a schedule developed
under this subchapter.
(b) If a purchase resulting in a rebate under this section
is made in whole or in part with federal funds, the commission shall
ensure that, to the extent the purchase was made with federal funds,
the appropriate portion of the rebate is reported to the purchasing
agency for reporting and reconciliation purposes with the
appropriate federal funding agency.
SECTION 7.10. The heading to Subchapter B, Chapter 2157,
Government Code, is amended to read as follows:
SUBCHAPTER B. CATALOG [CATALOGUE] PURCHASE METHOD
SECTION 7.11. Section 2157.061, Government Code, is amended
to read as follows:
Sec. 2157.061. USE OF CATALOG [CATALOGUE] PURCHASE METHOD
REQUIRED UNLESS BEST VALUE AVAILABLE ELSEWHERE. The commission or
a state agency shall purchase an automated information system
through the catalog [catalogue] procedure provided by this
subchapter unless the commission or state agency determines that
the best value may be obtained from another purchase method
authorized by this subtitle.
SECTION 7.12. Section 2157.0611, Government Code, is
amended to read as follows:
Sec. 2157.0611. REQUIREMENT TO EVALUATE THREE OFFERS
[PROPOSALS] WHEN POSSIBLE. A catalog [catalogue] purchase or lease
that exceeds $2,000 or a greater amount prescribed by commission
rule shall, when possible, be based on an evaluation of at least
three catalog offers [catalogue proposals] made to the commission
or other state agency by catalog [qualified] information systems
vendors. If at least three catalog offers [catalogue proposals]
are not evaluated by the commission or other state agency before a
purchase or lease that exceeds the threshold amount is made, the
commission or other agency shall document the reasons for that fact
before making the purchase or lease under Section 2157.063.
SECTION 7.13. Section 2157.062, Government Code, is amended
to read as follows:
Sec. 2157.062. BASIC REQUIREMENTS FOR CATALOG [APPLICATION
PROCESS FOR QUALIFICATION AS] VENDOR. [(a) To sell or lease an
automated information system under this subchapter to a state
agency, a vendor must apply to the commission for designation as a
qualified information systems vendor. The commission shall
prescribe the application process. The commission may allow or
require a vendor to apply on-line.
[(b)] At a minimum, a catalog information systems vendor
must [the commission shall require an applicant to submit]:
(1) maintain an Internet catalog [a catalogue]
containing each product and service eligible for purchase by a
state agency, including for each product or service:
(A) a description;
(B) the list price; and
(C) the price to a state agency;
(2) maintain a maintenance, repair, and support plan
for each eligible product or service;
(3) provide on request proof of the applicant's
financial resources and ability to perform; and
(4) provide a guarantee that the vendor will make
available equivalent replacement parts for a product sold to the
state until at least the third anniversary of the date the product
is discontinued.
SECTION 7.14. Section 2157.063(a), Government Code, is
amended to read as follows:
(a) If a purchase or lease is the best value available and is
in the state's best interest, a state agency may under this
subchapter purchase or lease an automated information system
directly from a catalog [qualified] information systems vendor and
may negotiate price and additional terms and conditions to be
included in a contract relating to the purchase or lease.
SECTION 7.15. Section 2157.066, Government Code, is amended
by amending Subsections (a), (b), and (f) and adding Subsection (g)
to read as follows:
(a) A catalog [vendor designated by the commission as a
qualified] information systems vendor shall publish and maintain a
catalog [catalogue] described by Section 2157.062(1)
[2157.062(b)(1)] in the manner required by the commission.
(b) The vendor shall revise the catalog [catalogue] as
necessary in the manner required by the commission.
(f) The commission may audit a catalog [qualified]
information systems vendor's catalog [approved catalogue] for
compliance with rules adopted under Subsection (g) [(c)].
(g) The commission shall adopt rules that specify the
requirements for a catalog information systems vendor's
maintenance of Internet catalogs, including:
(1) availability;
(2) format; and
(3) other relevant requirements.
SECTION 7.16. Section 2157.067(a), Government Code, is
amended to read as follows:
(a) The commission shall make the catalog [catalogue]
purchasing procedure available to a local government that qualifies
for cooperative purchasing under Sections 271.082 and 271.083,
Local Government Code.
SECTION 7.17. Section 2157.068(b), Government Code, is
amended to read as follows:
(b) The department shall negotiate with catalog [qualified]
information systems vendors to attempt to obtain a favorable price
for all of state government on licenses for commodity software
items, based on the aggregate volume of purchases expected to be
made by the state. The terms and conditions of a license agreement
between a vendor and the department under this section may not be
less favorable to the state than the terms of similar license
agreements between the vendor and retail distributors.
SECTION 7.18. Chapter 2254, Government Code, is amended by
adding Subchapter D to read as follows:
SUBCHAPTER D. OUTSIDE LEGAL SERVICES
Sec. 2254.151. DEFINITION. In this subchapter, "state
agency" means a department, commission, board, authority, office,
or other agency in the executive branch of state government created
by the state constitution or a state statute.
Sec. 2254.152. APPLICABILITY. This subchapter does not
apply to a contingent fee contract for legal services.
Sec. 2254.153. CONTRACTS FOR LEGAL SERVICES AUTHORIZED.
Subject to Section 402.0212, a state agency may contract for
outside legal services.
Sec. 2254.154. ATTORNEY GENERAL; COMPETITIVE PROCUREMENT.
The attorney general may require state agencies to obtain outside
legal services through a competitive procurement process, under
conditions prescribed by the attorney general.
SECTION 7.19. Section 2262.001, Government Code, is amended
by adding Subdivision (1-a) to read as follows:
(1-a) "Commission" means the Texas Building and
Procurement Commission.
SECTION 7.20. Sections 2262.051(a) and (b), Government
Code, are amended to read as follows:
(a) In consultation with the attorney general [Texas
Building and Procurement Commission], the Department of
Information Resources, the comptroller, and the state auditor, the
commission [attorney general] shall develop or [and] periodically
update a contract management guide for use by state agencies.
(b) The commission [attorney general] may adopt rules
necessary to develop or update the guide.
SECTION 7.21. Section 2262.052(b), Government Code, is
amended to read as follows:
(b) The state auditor shall:
(1) periodically monitor compliance with this
section;
(2) report any noncompliance to:
(A) the governor;
(B) the lieutenant governor;
(C) the speaker of the house of representatives;
and
(D) the team; and
(3) assist, in coordination with the commission
[attorney general] and the comptroller, a noncomplying state agency
to comply with this section.
SECTION 7.22. Section 2262.053(a), Government Code, is
amended to read as follows:
(a) In coordination with the [Texas Building and
Procurement Commission, the] comptroller, [and the] Department of
Information Resources, and [the] state auditor, the commission
shall develop or administer a training program for contract
managers.
SECTION 7.23. Section 2262.054, Government Code, is amended
to read as follows:
Sec. 2262.054. PUBLIC COMMENT. The commission [attorney
general] by rule may establish procedures by which each state
agency is required to invite public comment by publishing the
proposed technical specifications for major contracts on the
Internet through the information service known as the Texas
Marketplace or through a suitable successor information service.
The guide must define "technical specifications."
SECTION 7.24. Section 2262.101, Government Code, is amended
to read as follows:
Sec. 2262.101. CREATION; DUTIES. The Contract Advisory
Team is created to assist state agencies in improving contract
management practices by:
(1) reviewing the solicitation of major contracts by
state agencies;
(2) reviewing any findings or recommendations made by
the state auditor, including those made under Section 2262.052(b),
regarding a state agency's compliance with the contract management
guide; and
(3) providing recommendations to the commission
regarding:
(A) [the attorney general regarding] the
development of the contract management guide; and
(B) [the state auditor regarding] the training
under Section 2262.053.
SECTION 7.25. Sections 2155.142, 2157.001(2), 2157.064,
2157.065, 2157.066(c) and (d), and 2261.001(e), Government Code,
are repealed.
SECTION 7.26. The changes in law made by this article to
Section 2155.141, Government Code, apply only to a purchase made on
or after the effective date of this article. A purchase made before
the effective date of this article is covered by the law in effect
when the purchase was made, and the former law is continued in
effect for that purpose.
SECTION 7.27. (a) In this section, "commission" means the
Texas Building and Procurement Commission.
(b) Not later than February 1, 2004:
(1) the attorney general and state auditor shall
complete the transfer of powers and duties to the commission under
Chapter 2262, Government Code, as amended by this article;
(2) a rule or form adopted by the attorney general or
state auditor under Chapter 2262, Government Code, is a rule or form
of the commission and remains in effect until changed by the
commission;
(3) the commission assumes, without a change in
status, the position of the attorney general or state auditor with
respect to any matter regarding which the duties of the attorney
general or state auditor under Chapter 2262, Government Code, have
been transferred to the commission;
(4) all property, including records, and rights and
obligations of the attorney general and state auditor related to
those entities' express duties under Chapter 2262, Government Code,
are transferred to the commission; and
(5) all funds appropriated by the legislature to the
attorney general and state auditor related to those entities'
express powers and duties under Chapter 2262, Government Code, are
transferred to the commission.
SECTION 7.28. Section 2175.061, Government Code, is amended
by adding Subsection (c) to read as follows:
(c) The commission may by rule determine the best method of
disposal for surplus and salvage property of the state under this
chapter.
SECTION 7.29. Section 2175.134(a), Government Code, is
amended to read as follows:
(a) 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
2175.131, shall be deposited to the credit of the general revenue
fund of the state treasury [appropriate appropriation item of the
state agency for which the sale was made].
SECTION 7.30. Section 2175.182(a), Government Code, is
amended to read as follows:
(a) The commission is responsible for the disposal of
surplus or salvage property under this subchapter. The commission
may take physical possession of the property. [A state agency
maintains ownership of property throughout the disposal process.]
SECTION 7.31. Section 2175.185(b), Government Code, is
amended to read as follows:
(b) On receiving notice under this section, the comptroller
shall, if necessary, [:
[(1) debit and credit the proper appropriations; and
[(2)] adjust state property accounting records.
SECTION 7.32. Section 2175.191(a), Government Code, is
amended to read as follows:
(a) 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
2175.188, shall be deposited to the credit of the general revenue
fund of the state treasury [appropriate appropriation item of the
state agency for which the sale was made].
SECTION 7.33. Section 2175.361, Government Code, is amended
to read as follows:
Sec. 2175.361. DEFINITIONS. In this subchapter:
(1) "Federal act" means the Federal Property and
Administrative Services Act of 1949 (40 U.S.C. Section 541 et seq.
[484]), as amended, or any other federal law providing for the
disposal of federal surplus property.
(2) "Federal property" means federal surplus property
acquired:
(A) by the commission or under the commission's
jurisdiction under this subchapter; and
(B) under 40 U.S.C. Section 483c, 549, or 550, or
under any other federal law providing for the disposal [Section
484(j) or (k)] of [the] federal surplus property [act]. [The term
includes federal real property acquired under Section 484(k) of the
federal act.]
SECTION 7.34. Section 2175.362(a), Government Code, is
amended to read as follows:
(a) The commission is the designated state agency under 40
U.S.C. Section 549 and any other federal law providing for the
disposal [484(j)] of [the] federal surplus property [act].
SECTION 7.35. Section 2175.364, Government Code, is amended
to read as follows:
Sec. 2175.364. COMMISSION ASSISTANCE IN PROCUREMENT AND USE
OF PROPERTY. The commission may:
(1) disseminate information and assist a potential
applicant regarding the availability of federal real property;
(2) assist in the processing of an application for
acquisition of federal real property and related personal property
under 40 U.S.C. Section 550 or any other federal law providing for
the disposal [484(k)] of [the] federal surplus property [act];
(3) act as an information clearinghouse for an entity
that may be eligible to acquire federal property and, as necessary,
assist the entity to obtain federal property;
(4) assist in assuring use of the property; and
(5) engage in an activity relating to the use of
federal property by another state agency, institution, or
organization engaging in or receiving assistance under a federal
program.
SECTION 7.36. Section 2175.367, Government Code, is amended
to read as follows:
Sec. 2175.367. CONTRACTS. The commission may enter into an
agreement, including:
(1) a cooperative agreement with a federal agency
under 40 U.S.C. Section 549 or any other federal law providing for
the disposal [484(n)] of [the] federal surplus property [act];
(2) an agreement with a state agency for surplus
property of a state agency that will promote the administration of
the commission's functions under this subchapter; or
(3) an agreement with a group or association of state
agencies for surplus property that will promote the administration
of the commission's functions under this subchapter.
SECTION 7.37. Sections 2175.134(b) and 2175.191(b),
Government Code, are repealed.
SECTION 7.38. The changes in law made by this article to
Chapter 2175, Government Code, apply only to surplus and salvage
property of the state sold on or after September 1, 2003.
SECTION 7.39. Section 2166.001(8), Government Code, is
amended to read as follows:
(8) "Small construction project" means a project that:
(A) has an estimated value of less than $100,000
[$25,000]; and
(B) requires advance preparation of working
plans or drawings.
SECTION 7.40. Section 2166.2531(d), Government Code, is
amended to read as follows:
(d) The commission shall prepare a request for
qualifications that includes general information on the project
site, project scope, [budget,] special systems, selection
criteria, and other information that may assist potential
design-build firms in submitting proposals for the project. The
commission shall also prepare a design criteria package that
includes more detailed information on the project. If the
preparation of the design criteria package requires engineering or
architectural services that constitute the practice of engineering
within the meaning of The Texas Engineering Practice Act (Article
3271a, Vernon's Texas Civil Statutes) or the practice of
architecture within the meaning of Chapter 478, Acts of the 45th
Legislature, Regular Session, 1937 (Article 249a, Vernon's Texas
Civil Statutes), those services shall be provided in accordance
with the applicable law.
SECTION 7.41. Sections 2166.2532(e) and (g), Government
Code, are amended to read as follows:
(e) The commission shall select the construction
manager-at-risk in either a one-step or two-step process. The
commission shall prepare a request for proposals, in the case of a
one-step process, or a request for qualifications, in the case of a
two-step process, that includes general information on the project
site, project scope, schedule, selection criteria, [estimated
budget,] and the time and place for receipt of proposals or
qualifications, as applicable; a statement as to whether the
selection process is a one-step or two-step process; and other
information that may assist the commission in its selection of a
construction manager-at-risk. The commission shall state the
selection criteria in the request for proposals or qualifications,
as applicable. The selection criteria may include the offeror's
experience, past performance, safety record, proposed personnel
and methodology, and other appropriate factors that demonstrate the
capability of the construction manager-at-risk. If a one-step
process is used, the commission may request, as part of the
offeror's proposal, proposed fees and prices for fulfilling the
general conditions. If a two-step process is used, the commission
may not request fees or prices in step one. In step two, the
commission may request that five or fewer offerors, selected solely
on the basis of qualifications, provide additional information,
including the construction manager-at-risk's proposed fee and its
price for fulfilling the general conditions.
(g) At each step, the commission shall receive, publicly
open, and read aloud the names of the offerors. [At the appropriate
step, the commission shall also read aloud the fees and prices, if
any, stated in each proposal as the proposal is opened.] Within 45
days after the date of opening the proposals, the commission or its
representative shall evaluate and rank each proposal submitted in
relation to the criteria set forth in the request for proposals.
SECTION 7.42. Sections 2166.2533(d) and (f), Government
Code, are amended to read as follows:
(d) The commission shall prepare a request for competitive
sealed proposals that includes construction documents, selection
criteria, [estimated budget,] project scope, schedule, and other
information that contractors may require to respond to the request.
The commission shall state in the request for proposals all of the
selection criteria that will be used in selecting the successful
offeror.
(f) The commission shall receive, publicly open, and read
aloud the names of the offerors [and, if any are required to be
stated, all prices stated in each proposal]. Within 45 days after
the date of opening the proposals, the commission shall evaluate
and rank each proposal submitted in relation to the published
selection criteria.
SECTION 7.43. Subchapter F, Chapter 2166, Government Code,
is amended by adding Section 2166.260 to read as follows:
Sec. 2166.260. APPROVAL OF CERTAIN EXPENDITURES REQUIRED.
A state agency may not spend more than the amount authorized for the
cost of a project unless the governor and the Legislative Budget
Board approve the expenditure. Once the cost of a project reaches
the amount authorized for the project, each change to approved
project plans must be approved by the governor and the Legislative
Budget Board.
SECTION 7.44. Section 2166.302, Government Code, is amended
to read as follows:
Sec. 2166.302. ADOPTION OF CONDITIONS. (a) Except as
provided by Subsection (b), the [The] commission shall adopt
uniform general conditions to be incorporated into all building
construction contracts made by the state, including a contract for
a project excluded from this chapter by Section 2166.003, but not
including a contract for a project excluded from this chapter by
Section 2166.004.
(b) The commission is not required to adopt uniform general
conditions for small construction projects, as defined by Section
2166.001.
SECTION 7.45. Section 2166.305(b), Government Code, is
amended to read as follows:
(b) A committee appointed by the commission shall perform
the review. The committee consists of:
(1) the director of facilities construction and space
management appointed under Section 2152.104, who serves [ex
officio] as the presiding officer of the committee [and who votes
only in case of a tie];
(2) seven individuals appointed by the commission, one
each from the lists of nominees submitted respectively by the:
(A) president of the Texas Society of Architects;
(B) president of the Texas Society of
Professional Engineers;
(C) presiding officer of the Executive Council of
the Texas Associated General Contractors Chapters;
(D) executive secretary of the Mechanical
Contractors Associations of Texas, Incorporated;
(E) executive secretary of the Texas Building and
Construction Trades Council;
(F) president of the Associated Builders and
Contractors of Texas; and
(G) executive director of the National
Association of Minority Contractors, with the list composed of
persons who reside in this state;
(3) one individual appointed by the commission
representing an institution of higher education, as defined by
Section 61.003, Education Code;
(4) one individual appointed by the commission
representing a state agency that has a substantial ongoing
construction program; [and]
(5) one individual appointed by the commission
representing the attorney general's office; and
(6) one individual appointed by the commission
representing the interests of historically underutilized
businesses.
SECTION 7.46. Section 2166.201, Government Code, is
repealed.
SECTION 7.47. The changes in law made by this article to
Sections 2166.2531, 2166.2532, and 2166.2533, Government Code,
apply only in relation to a Texas Building and Procurement
Commission request for qualifications or proposals made on or after
September 1, 2003.
ARTICLE 8. TRAVEL SERVICES CONTRACTS
SECTION 8.01. Sections 2171.052(b) and (c), Government
Code, are amended to read as follows:
(b) The central travel office may [shall] 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. The
central travel office may [shall] negotiate with commercial lodging
establishments to obtain the most cost-effective rates possible for
state employees traveling on state business.
(c) The commission may [shall] make contracts with travel
agents that meet certain reasonable requirements prescribed by the
central travel office, [allowing contracts to provide travel
services by as many private travel agents as possible] with
preference given to resident entities of this state.
SECTION 8.02. Section 2171.052(e), Government Code, is
repealed.
ARTICLE 9. SCHOOL BUS SAFETY STANDARDS
SECTION 9.01. Section 34.002(a), Education Code, is amended
to read as follows:
(a) The Department of Public Safety, with the advice of the
[General Services Commission and the] Texas Education Agency, shall
establish safety standards for school buses used to transport
students in accordance with Section 34.003 [34.002, Education
Code].
SECTION 9.02. Sections 547.7015(a) and (b), Transportation
Code, are amended to read as follows:
(a) The department [General Services Commission, with the
advice of the department,] shall adopt and enforce rules governing
the design, color, lighting and other equipment, construction, and
operation of a school bus for the transportation of schoolchildren
that is:
(1) owned and operated by a school district in this
state; or
(2) privately owned and operated under a contract with
a school district in this state.
(b) In adopting rules under this section, the department
[General Services Commission] shall emphasize:
(1) safety features; and
(2) long-range, maintenance-free factors.
SECTION 9.03. Rules that were adopted under Section
547.7015, Transportation Code, before the effective date of this
article and that are in effect on the effective date of this article
are continued in effect as rules of the Department of Public Safety
until the rules are amended, repealed, or superseded by an action of
the department.
ARTICLE 10. CENTRAL SUPPLY STORE; REPAIR FACILITY
SECTION 10.01. Section 2172.001(a), Government Code, is
amended to read as follows:
[(a)] The commission may [shall] operate a central supply
store at which only state agencies, the legislature, and
legislative agencies may obtain small supply items. If the
commission operates a central supply store, the commission shall
devise an appropriate method of billing a using entity for the
supplies.
SECTION 10.02. Section 2172.002(a), Government Code, is
amended to read as follows:
(a) The commission may [shall] maintain a facility for
repairing office machines and may [shall] offer repair services to
the following entities located in Austin:
(1) state agencies;
(2) the legislature; and
(3) legislative agencies.
SECTION 10.03. Section 2172.001(b), Government Code, is
repealed.
ARTICLE 11. EFFECTIVE DATE
SECTION 11.01. This Act takes effect immediately if it
receives a vote of two-thirds of all the members elected to each
house, as provided by Section 39, Article III, Texas Constitution.
If this Act does not receive the vote necessary for immediate
effect, this Act takes effect September 1, 2003.
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