Amend CSHB 3560 by adding the following SECTIONS, numbered
appropriately, and by renumbering any subsequent SECTIONS
accordingly:
SECTION ____. Section 2155.003, Government Code, is amended
to read as follows:
Sec. 2155.003. CONFLICT OF INTEREST. (a) The chief clerk
or any other [A commission member,] employee of the comptroller [,
or appointee] may not:
(1) have an interest in, or in any manner be connected
with, a contract or bid for a purchase of goods or services by an
agency of the state; or
(2) in any manner, including by rebate or gift, accept
or receive from a person to whom a contract may be awarded, directly
or indirectly, anything of value or a promise, obligation, or
contract for future reward or compensation.
(b) The chief clerk or any other [A commission member,]
employee of the comptroller [, or appointee] who violates
Subsection (a)(2) is subject to dismissal.
(c) In consultation with the comptroller, the Texas Ethics
Commission shall adopt rules to implement this section.
(d) The Texas Ethics Commission shall administer and
enforce this section and may prepare written opinions regarding
this section in accordance with Subchapter D, Chapter 571.
(e) The comptroller must report to the Texas Ethics
Commission a campaign contribution from a vendor that bids on or
receives a contract under the comptroller's purchasing authority.
SECTION ____. Subchapter B, Chapter 403, Government Code,
is amended by adding Section 403.031 to read as follows:
Sec. 403.031. APPROVAL BY COMPTROLLER. A public agency as
defined under Section 30.003(3), Water Code may not enter into a
contract as provided by Subchapter C, Chapter 2254, Government
Code, without review and approval by the comptroller.
SECTION ____. Subchapter B, Chapter 2155, Government Code,
is amended by adding Sections 2155.086 and 2155.087 to read as
follows:
Sec. 2155.086. PROCEDURES FOR AWARDING CERTAIN
CONTRACTS. (a) In this section and in Section 2155.087, "chief
clerk" means the chief clerk of the comptroller or the chief clerk's
designee.
(b) This section applies only to the award of a contract by
the comptroller that:
(1) relates to the powers and duties transferred to
the comptroller under Section 2151.004(d);
(2) is reasonably expected by the comptroller at the
time of the award to have a value of $100,000 or more over the life
of the contract; and
(3) is evaluated based wholly or partly on best value
factors other than costs.
(c) This section does not apply to:
(1) any part of the contracting process other than the
award, including planning, budgeting, solicitation, pre-response
conference, respondent presentation, evaluation, development of
staff or evaluation committee recommendations, negotiation, and
signature;
(2) a renewal, extension, or amendment of a contract
provided for in the written solicitation for the original contract;
or
(3) an emergency purchase or other contract award for
which delay would create a hazard to life, health, safety, welfare,
or property or would cause undue additional cost to the state.
(d) A contract to which this section applies must be awarded
in a public meeting chaired and conducted by the chief clerk. The
chief clerk shall determine the time and location for the meeting.
The meeting must comply with applicable provisions of Chapter 551,
including requirements relating to posting notice of the meeting.
The comptroller shall also post notice of the meeting on the
comptroller's website and in the state business daily. The office
of the attorney general shall advise the comptroller on the
applicable provisions of Chapter 551.
(e) Before the meeting, the chief clerk may review any
written recommendations for the proposed contract award submitted
by the comptroller's staff or by an evaluation committee
established by the comptroller for the proposed contract. The
chief clerk shall make the staff's or committee's final written
recommendations available to the public at the meeting.
(f) A contract awarded by the chief clerk under this section
is not considered final and does not bind the state until all
negotiations are completed, if applicable, and all parties to the
contract have signed the final contract.
(g) The comptroller shall post notice of a contract award
made in an open meeting under this section on the comptroller's
website and in the state business daily.
(h) The comptroller shall post the text of a contract
awarded in an open meeting under this section on the comptroller's
website and in the state business daily, except for information in a
contract that is not subject to disclosure under Chapter 552.
Information that is not subject to disclosure under Chapter 552
must be referenced in a appendix that generally describes the
information without disclosing the specific content of the
information.