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78R5770 MXM-D
By: Cook of Colorado H.B. No. 3046
A BILL TO BE ENTITLED
AN ACT
relating to the state purchasing powers and duties of the Texas
Building and Procurement Commission, including transferring
certain functions from the attorney general and state auditor to
the commission.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. 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 2. 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 3. Subchapter I, Chapter 2155, Government Code, is
amended by adding Section 2155.510 to read as follows:
Sec. 2155.510. REBATES. The commission may collect a
rebate from a vendor under a contract listed on a schedule developed
under this subchapter.
SECTION 4. Section 2157.0611, Government Code, is amended
to read as follows:
Sec. 2157.0611. REQUIREMENT TO EVALUATE THREE PROPOSALS
WHEN POSSIBLE. A 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 catalogue
proposals made to the commission or other state agency by catalogue
[qualified] information systems vendors. If at least three
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 5. Section 2157.062, Government Code, is amended to
read as follows:
Sec. 2157.062. BASIC REQUIREMENTS FOR CATALOGUE
[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 catalogue information systems vendor
must [the commission shall require an applicant to submit]:
(1) maintain 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 6. 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 catalogue [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. Sections 2157.066(a), (c), (d), and (f),
Government Code, are amended to read as follows:
(a) A catalogue [vendor designated by the commission as a
qualified] information systems vendor shall publish and maintain a
catalogue described by Section 2157.062(1) [Section
2157.062(b)(1)] in the manner required by the commission.
(c) The commission shall make the catalogue information
available on the world wide web, or on a suitable successor to the
world wide web if the technological developments involving the
Internet make it advisable to do so. The commission shall require
each catalogue [qualified] information systems vendor to maintain
its approved catalogue on the web, or an analogous feature on a
suitable successor, through which the vendor makes the vendor's
current catalogue information publicly available. The commission
shall maintain the necessary databases and indexing functions
through which a state agency or the public may efficiently search
for and find each catalogue [qualified] information systems
vendor's catalogue information on the web or on a suitable
successor.
(d) The commission shall phase in the requirement that all
catalogue information must be available on the world wide web and
shall allow or require catalogue [qualified] information systems
vendors to publish catalogues on paper until the commission
determines that the automated information capabilities of the
state, of political subdivisions, and of vendors are sufficient for
the commission to require that all catalogues be made available
electronically. The commission shall prescribe its requirements
and the timing of its requirements under this section by rule.
(f) The commission may audit a catalogue [qualified]
information systems vendor's approved catalogue for compliance
with Subsection (c).
SECTION 8. Section 2157.068(b), Government Code, is amended
to read as follows:
(b) The department shall negotiate with catalogue
[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 9. 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 10. 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 11. 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 12. 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, the commission [state auditor] shall
develop or administer a training program for contract managers.
SECTION 13. 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 14. 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 15. (a) Sections 2155.078(n), 2155.142, 2155.144,
2155.1441, 2157.001(2), 2157.064, 2157.065, and 2157.068,
Government Code, are repealed.
(b) Section 51.9335, Education Code, is repealed.
SECTION 16. The changes in law made by this Act to Section
2155.141, Government Code, apply only to a purchase made on or after
the effective date of this Act. A purchase made before the
effective date of this Act is covered by the law in effect when the
purchase was made, and the former law is continued in effect for
that purpose.
SECTION 17. (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 Act;
(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 18. 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.