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A BILL TO BE ENTITLED
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AN ACT
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relating to certain purchasing procedures for school districts. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 44.031(b) and (c), Education Code, are |
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amended to read as follows: |
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(b) Except as provided by this subchapter, in determining to |
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whom to award a contract, the district shall [may] consider: |
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(1) the purchase price; |
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(2) the reputation of the vendor and of the vendor's |
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goods or services; |
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(3) the quality of the vendor's goods or services; |
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(4) the extent to which the goods or services meet the |
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district's needs; |
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(5) the vendor's past relationship with the district; |
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(6) the impact on the ability of the district to comply |
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with laws and rules relating to historically underutilized |
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businesses; |
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(7) the total long-term cost to the district to |
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acquire the vendor's goods or services; and |
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(8) any other relevant factor specifically listed in |
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the request for bids or proposals. |
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(c) The state auditor may audit purchases of goods or |
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services by the district. The commissioner may conduct an audit of |
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district purchases of goods and services to assess district |
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contract performance as provided by this subsection. If the |
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commissioner determines that a sufficient performance level has not |
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been achieved under a contract to which this section applies, the |
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district may not renew the contract. In this subsection, |
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"sufficient performance level" means that the contract resulted in |
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substantially similar value as contracts of similar amounts for |
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purchases of similar goods or services entered into during a |
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similar contract period by similarly situated school districts. |
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SECTION 2. Subchapter B, Chapter 44, Education Code, is |
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amended by adding Section 44.0331 to read as follows: |
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Sec. 44.0331. MANAGEMENT FEES UNDER CERTAIN COOPERATIVE |
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PURCHASING CONTRACTS. (a) A school district that enters into a |
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purchasing contract valued at $25,000 or more under Section |
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44.031(a)(5), under Subchapter F, Chapter 271, Local Government |
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Code, or under any other cooperative purchasing program authorized |
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for school districts by law shall document any contract-related |
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fee, including any management fee, and the purpose of each fee under |
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the contract. |
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(b) The amount, purpose, and disposition of any fee |
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described by Subsection (a) must be presented in a written report |
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and submitted annually in an open meeting of the board of trustees |
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of the school district. The written report must appear as an agenda |
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item. |
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(c) The commissioner may audit the written report described |
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by Subsection (b). |
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SECTION 3. The change in law made by Section 44.031(b), |
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Education Code, as amended by this Act, and Section 44.0331, |
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Education Code, as added by this Act, applies only to a contract |
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entered into on or after the effective date of this Act. A contract |
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entered into before the effective date of this Act is governed by |
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the law in effect immediately before that date, and that law is |
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continued in effect for that purpose. |
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SECTION 4. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2007. |