78R7835 MTB-D
By: Cook of Colorado H.B. No. 3049
A BILL TO BE ENTITLED
AN ACT
relating to the consolidation of certain state agencies having
general governmental functions, including functions regarding
information resources, purchasing, and building and space
acquisition and management.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 2054.003(2) and (4), Government Code,
are amended to read as follows:
(2) "Board" means the governing board of the State
Administrative Services Agency [Department of Information
Resources].
(4) "Department" means the State Administrative
Services Agency [Department of Information Resources].
SECTION 2. Section 2054.010, Government Code, is amended to
read as follows:
Sec. 2054.010. REFERENCES TO PRECEDING AGENCY. Any
reference in law to the Automated Information and
Telecommunications Council or [means] the Department of
Information Resources means the State Administrative Services
Agency.
SECTION 3. Subchapter A, Chapter 2054, Government Code, is
amended by adding Section 2054.012 to read as follows:
Sec. 2054.012. TRANSFER OF POWERS AND DUTIES TO STATE
ADMINISTRATIVE SERVICES AGENCY. (a) The powers and duties of the
Department of Information Resources under this chapter or other law
are transferred to the State Administrative Services Agency.
(b) A reference in law to the Department of Information
Resources is a reference to the State Administrative Services
Agency.
SECTION 4. Section 2151.002(1), Government Code, is amended
to read as follows:
(1) "Commission" means the State Administrative
Services Agency [Texas Building and Procurement Commission].
SECTION 5. Section 2151.003, Government Code, is amended to
read as follows:
Sec. 2151.003. REFERENCE. A statutory reference to the
Texas Building and Procurement Commission, the General Services
Commission, the State Board of Control, or the State Purchasing and
General Services Commission means the State Administrative
Services Agency [Texas Building and Procurement Commission].
SECTION 6. Section 2151.004, Government Code, is amended to
read as follows:
Sec. 2151.004. TRANSFER OF POWERS AND DUTIES TO DEPARTMENT
OF INFORMATION RESOURCES. (a) The powers and duties of the Texas
Building and Procurement [General Services] Commission [under
Chapter 2170 or other law relating to providing telecommunications
services for state government] are transferred to the State
Administrative Services Agency [Department of Information
Resources].
(b) A reference in law to the Texas Building and Procurement
[General Services] Commission [that relates to the powers and
duties of the General Services Commission under Chapter 2170 or
other law relating to providing telecommunications services for
state government] is a reference to the State Administrative
Services Agency [Department of Information Resources].
SECTION 7. The heading of Chapter 2152, Government Code, is
amended to read as follows:
CHAPTER 2152. STATE ADMINISTRATIVE SERVICES AGENCY [TEXAS BUILDING
AND PROCUREMENT COMMISSION]
SECTION 8. Section 2152.001, Government Code, is amended to
read as follows:
Sec. 2152.001. COMMISSION. The State Administrative
Services Agency [Texas Building and Procurement Commission] is an
agency of the state.
SECTION 9. Section 2152.002, Government Code, is amended to
read as follows:
Sec. 2152.002. SUNSET PROVISION. The State Administrative
Services Agency [Texas Building and Procurement Commission] is
subject to Chapter 325 (Texas Sunset Act). Unless continued in
existence as provided by that chapter, the commission is abolished
and this subtitle[, except for Chapter 2170 and Section 2157.121,]
expires September 1, 2013.
SECTION 10. Section 2152.051(a), Government Code, is
amended to read as follows:
[(a)] The governing board of the State Administrative
Services Agency [commission] consists of five members [:
[(1) three members] appointed by the governor[;
[(2) two additional members appointed by the governor
from a list of nominees submitted by the speaker of the house of
representatives; and
[(3) two members appointed by the lieutenant
governor].
SECTION 11. Section 2152.052(b), Government Code, is
amended to read as follows:
(b) In making appointments under this section, the governor
[and lieutenant governor] shall attempt to appoint women and
members of different minority groups, including African Americans,
Hispanic Americans, Native Americans, and Asian Americans.
SECTION 12. Section 2152.057, Government Code, is amended
to read as follows:
Sec. 2152.057. TERMS. Commission members serve staggered
six-year terms with one or two [or three] members' terms expiring
January 31 of each odd-numbered year.
SECTION 13. Section 2170.001(a)(3), Government Code, is
amended to read as follows:
(3) "Department" means the State Administrative
Services Agency [Department of Information Resources].
SECTION 14. The following laws are repealed:
(1) Section 2054.004, Government Code;
(2) Section 2054.005, Government Code;
(3) Subchapter B, Chapter 2054, Government Code; and
(4) Section 2152.051(b), Government Code.
SECTION 15. On September 1, 2003:
(1) the Texas Building and Procurement Commission and
the Department of Information Resources are consolidated to form
the State Administrative Services Agency;
(2) all functions of the Texas Building and
Procurement Commission or the Department of Information Resources
are transferred to the State Administrative Services Agency;
(3) all employees of the Texas Building and
Procurement Commission or the Department of Information Resources
become employees of the State Administrative Services Agency;
(4) a rule or form adopted by the Texas Building and
Procurement Commission or the Department of Information Resources
is a rule or form of the State Administrative Services Agency and
remains in effect until changed by the agency;
(5) a reference in law to the Texas Building and
Procurement Commission or the Department of Information Resources
means the State Administrative Services Agency;
(6) a waiver in effect that was issued by the
Department of Information Resources relating to telecommunications
under Chapter 2170, Government Code, or other law is continued in
effect as a waiver of the State Administrative Services Agency;
(7) a rate case, contract negotiation, or other
proceeding involving the Texas Building and Procurement Commission
or the Department of Information Resources is transferred without
change in status to the State Administrative Services Agency, and
the State Administrative Services Agency assumes, without a change
in status, the position of the Texas Building and Procurement
Commission or the Department of Information Resources in a
negotiation or proceeding to which the Texas Building and
Procurement Commission or the Department of Information Resources
is a party;
(8) all money, contracts, leases, rights, and
obligations of the Texas Building and Procurement Commission or the
Department of Information Resources are transferred to the State
Administrative Services Agency;
(9) all property, including records, in the custody of
the Texas Building and Procurement Commission or the Department of
Information Resources becomes the property of the State
Administrative Services Agency; and
(10) all funds appropriated by the legislature to the
Texas Building and Procurement Commission or the Department of
Information Resources are transferred to the State Administrative
Services Agency.
SECTION 16. Until the abolition of the governing bodies of
the Texas Building and Procurement Commission and the Department of
Information Resources under Section 17 of this Act, those governing
bodies shall assist the State Administrative Services Agency in
achieving in an orderly fashion the transfers described by Section
15 of this Act.
SECTION 17. (a) The governing bodies of the Texas Building
and Procurement Commission and the Department of Information
Resources are abolished and the offices of the members of the bodies
serving on that date are abolished. The abolition takes effect on
the date of the first meeting of the governing body of the State
Administrative Services Agency as created by this Act. Until the
governing bodies of the Texas Building and Procurement Commission
and the Department of Information Resources are abolished, the
governing bodies shall continue to perform their duties under the
law as it existed immediately before the effective date of this Act,
and the former law is continued in effect for that purpose.
(b) The governing body of the State Administrative Services
Agency, composed as provided by Section 2152.051, Government Code,
as amended by this Act, is created with the powers and duties
assigned by the law, as amended by this Act. The creation takes
effect on the date of the first meeting of the governing body of the
State Administrative Services Agency as created by this Act. The
governor shall make appointments to the governing body of the State
Administrative Services Agency in accordance with Section
2152.051, Government Code, as amended by this Act, as soon as
possible on or after the effective date of this Act.
(c) In making appointments under this section, the governor
shall appoint:
(A) one member for terms expiring January 31,
2005;
(B) two members for a term expiring January 31,
2007; and
(C) two members for terms expiring January 31,
2009.
(d) Subject to the changes in law made by this Act, the
governing body of the State Administrative Services Agency created
by this Act has all the powers and duties provided by law and all the
property, employees, unspent appropriations, documents, rights,
and obligations of the abolished governing bodies of the Texas
Building and Procurement Commission and the Department of
Information Resources.
(e) The validity of an action taken by the governing body of
the Texas Building and Procurement Commission or the Department of
Information Resources before it is abolished under Subsection (a)
of this section is not affected by the abolition.
SECTION 18. This Act does not prohibit a person who is a
member of the governing body of the Texas Building and Procurement
Commission or the Department of Information Resources immediately
before September 1, 2001, from being appointed as a member of the
governing body of the State Administrative Services Agency if the
person has the qualifications required for the position under
Chapter 2152, Government Code, as amended by this Act.
SECTION 19. This Act takes effect September 1, 2003.