By: Paxton, et al. (Senate Sponsor - Hegar) H.B. No. 42
         (In the Senate - Received from the House May 3, 2007;
  May 7, 2007, read first time and referred to Committee on
  Government Organization; May 18, 2007, reported adversely, with
  favorable Committee Substitute by the following vote:  Yeas 4,
  Nays 0; May 18, 2007, sent to printer.)
 
  COMMITTEE SUBSTITUTE FOR H.B. No. 42 By:  Hegar
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to the electronic database of major state contracts.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 2177.052, Government Code, is
  transferred to Chapter 322, Government Code, redesignated as
  Section 322.020, and amended to read as follows:
         Sec. 322.020 [2177.052].  MAJOR CONTRACTS DATABASE.  (a)  In
  this section, "major contract" means:
               (1)  a contract for which notice is required under one
  of the following sections [that has a value that is expected to be
  at least $5 million computed as the]:
                     (A)  Section 2054.008 [(1)   initial value of the
  contract];
                     (B)  Section 2166.2551;
                     (C)  Section 2254.006; or
                     (D)  Section 2254.0301; or
               (2)  a contract, including an amendment, modification,
  renewal, or extension:
                     (A)  for which notice is not required under a
  section listed in Subdivision (1);
                     (B)  that is not a purchase order, an interagency
  contract, or a contract paid only with funds not appropriated by the
  General Appropriations Act; and
                     (C)  with a value that exceeds $50,000 [total
  value of the contract after all potential term extensions].
         (b)  Each state agency shall provide the Legislative Budget
  Board [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 Legislative Budget Board [commission] shall post on
  the Internet [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 Legislative Budget Board [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.
         (e) [(f)]  The Legislative Budget Board [commission] shall
  make the information searchable by contract value, state agency,
  and vendor. The Legislative Budget Board [commission] may make the
  information searchable by other subjects as appropriate.
         (f)  In this section, "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, the Health
  and Human Services Commission, an agency identified in Section
  531.001(4), or the Texas Department of Transportation.
         SECTION 2.  With respect to Section 322.020(c), Government
  Code, as amended by this Act, the change in law made by this Act
  applies only in relation to a major contract:
               (1)  entered into on or after the effective date of this
  Act, for purposes of complying with Section 322.020(c)(1),
  Government Code; and
               (2)  for which a request for proposal, invitation to
  bid, or comparable solicitation is made on or after the effective
  date of this Act, for purposes of complying with Section
  322.020(c)(2), Government Code.
         SECTION 3.  This Act takes effect September 1, 2007.
 
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