By: Delisi (Senate Sponsor - Zaffirini) H.B. No. 26
(In the Senate - Received from the House May 10, 2005;
May 12, 2005, read first time and referred to Committee on Finance;
May 18, 2005, reported favorably by the following vote: Yeas 12,
Nays 0; May 18, 2005, sent to printer.)
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. Section 2177.051(a), Government Code, is amended
to read as follows:
(a) The commission [department] shall establish, and the
department shall manage, the electronic infrastructure of an
electronic procurement marketplace. The commission shall manage
and administer the content of the electronic procurement
marketplace in accordance with this subtitle. The department or
commission, as appropriate, may enter into contracts with private
or public entities to establish or maintain all or part of the
databases comprising the marketplace, to the extent feasible,
including contracts to procure hardware or software. The
department or commission, as appropriate, shall procure all goods
and services related to the marketplace through a competitive
selection process appropriate for the good or service being
acquired.
SECTION 3. 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 commission shall allow Texas governmental entities,
including legislative entities, access to the information posted
under this section.
(e) The commission shall allow public access to the
information posted under this section, except for information that
is not subject to disclosure under Chapter 552. Information that is
not subject to disclosure under Chapter 552 must be referenced in an
appendix that generally describes the information without
disclosing the specific content of the information.
(f) The commission shall make the information searchable by
contract value, state agency, and vendor. The commission may make
the information searchable by other subjects as appropriate.
SECTION 4. (a) Not later than December 31, 2005, the Texas
Building and Procurement Commission shall establish or modify the
electronic procurement marketplace as necessary to comply with
Section 2177.052, Government Code, as added by this Act.
(b) A state agency is not required to comply with Section
2177.052, Government Code, as added by this Act, for a contract
entered into before the effective date of this Act.
(c) 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 provide guidance regarding
which major contracts entered into before the effective date of
this Act, together with their related documents, may be provided to
the commission for posting under Section 2177.052.
SECTION 5. 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.
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