79R534 MXM-D
By: Delisi H.B. No. 26
A BILL TO BE ENTITLED
AN ACT
relating to an electronic database of major state contracts and
related documents.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 2177.0001 and 2177.001, Government
Code, are reenacted as Section 2177.001, Government Code, and
amended to read as follows:
Sec. 2177.001. DEFINITIONS. In this chapter:
(1) "Department" means the Department of Information
Resources.
(2) "Electronic procurement system" means the
electronic system for procuring goods and services consisting of
the electronic procurement marketplace created under Subchapter B
and the electronic commerce network created under Subchapter C.
(3) [(1)] "Institution of higher education" has the
meaning assigned by Section 61.003, Education Code.
(4) [(2)] "Political subdivision" includes a school
district.
(5) [(3)] "State agency" has the meaning assigned by
Section 2054.003, except that the term does not include a
university system or institution of higher education [or an agency
identified in Section 531.001(4)].
SECTION 2. Subchapter B, Chapter 2177, Government Code, is
amended by adding Section 2177.052 to read as follows:
Sec. 2177.052. MAJOR CONTRACTS. (a) In this section,
"major contract" means a contract that has a value that is expected
to be at least $5 million computed as the:
(1) initial value of the contract; or
(2) total value of the contract after all potential
term extensions.
(b) Each state agency shall provide the commission copies of
the following documents:
(1) each major contract entered into by the agency;
and
(2) each request for proposal, invitation to bid, or
comparable solicitation related to the major contract.
(c) The commission shall include in the information posted
on the electronic procurement marketplace:
(1) each major contract of a state agency, including
the commission; and
(2) each request for proposal, invitation to bid, or
comparable solicitation related to the major contract.
(d) The department shall allow Texas governmental entities,
including legislative entities, access to the information posted
under this section.
(e) The department, in consultation with the commission,
shall allow public access to the information posted under this
section. The commission shall redact from the information posted
under this section:
(1) trade secrets described by Section 552.110(a); and
(2) commercial or financial information described by
Section 552.110(b).
(f) The department shall make the information searchable by
contract value, state agency, and vendor. The department may make
the information searchable by other subjects as appropriate.
SECTION 3. (a) Not later than December 31, 2005, the
Department of Information Resources shall modify the electronic
procurement marketplace as necessary to comply with Section
2177.052, Government Code, as added by this Act.
(b) Not later than June 1, 2006, the Texas Building and
Procurement Commission and each affected state agency shall meet
the requirements of Section 2177.052, Government Code, as added by
this Act. The commission by rule may describe which major contracts
entered into before the effective date of this Act, together with
their related documents, must be provided to the commission for
posting under Section 2177.052.
SECTION 4. 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, 2005.