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A BILL TO BE ENTITLED
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AN ACT
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relating to the provision of a preference in certain governmental |
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purchasing decisions for vendors or contractors that provide health |
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care benefits to employees. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 44.031(b), Education Code, is amended to |
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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 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) whether the vendor provides health care benefits |
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to employees; and |
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(9) any other relevant factor specifically listed in |
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the request for bids or proposals. |
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SECTION 2. Subchapter B, Chapter 44, Education Code, is |
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amended by adding Section 44.0421 to read as follows: |
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Sec. 44.0421. PREFERENCE FOR VENDORS THAT PROVIDE HEALTH |
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CARE BENEFITS. (a) A school district procuring goods or services |
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shall give preference to goods or services of a vendor that |
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demonstrates that the vendor provides health care benefits to the |
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vendor's employees if: |
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(1) the goods or services meet district specifications |
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regarding quantity and quality; and |
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(2) the cost of the goods or services does not exceed |
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the cost of similar goods or services produced by a vendor that does |
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not demonstrate that the vendor provides health care benefits to |
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the vendor's employees. |
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(b) A contract awarded to a vendor using the preference |
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under this section must include terms that allow the district to |
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terminate the contract if the vendor at any time during the life of |
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the contract does not continue to provide health care benefits at a |
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level comparable to the level the vendor claimed to provide in its |
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demonstration under Subsection (a). |
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SECTION 3. Section 2155.074(b), Government Code, is amended |
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to read as follows: |
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(b) In determining the best value for the state, the |
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purchase price and whether the goods or services meet |
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specifications are the most important considerations. However, the |
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commission or other state agency may, subject to Subsection (c) and |
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Section 2155.075, consider other relevant factors, including: |
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(1) installation costs; |
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(2) life cycle costs; |
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(3) the quality and reliability of the goods and |
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services; |
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(4) the delivery terms; |
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(5) indicators of probable vendor performance under |
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the contract such as past vendor performance, the vendor's |
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financial resources and ability to perform, the vendor's experience |
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or demonstrated capability and responsibility, and the vendor's |
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ability to provide reliable maintenance agreements and support; |
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(6) the cost of any employee training associated with |
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a purchase; |
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(7) the effect of a purchase on agency productivity; |
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(8) the vendor's anticipated economic impact to the |
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state or a subdivision of the state, including potential tax |
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revenue and employment; |
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(9) whether the vendor provides health care benefits |
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to employees; and |
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(10) [(9)] other factors relevant to determining the |
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best value for the state in the context of a particular purchase. |
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SECTION 4. Subchapter H, Chapter 2155, Government Code, is |
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amended by adding Section 2155.452 to read as follows: |
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Sec. 2155.452. PREFERENCE FOR VENDORS THAT PROVIDE HEALTH |
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CARE BENEFITS. (a) The commission and all state agencies procuring |
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goods or services shall give preference to goods or services of a |
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vendor that demonstrates that the vendor provides health care |
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benefits to the vendor's employees if: |
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(1) the goods or services meet state specifications |
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regarding quantity and quality; and |
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(2) the cost of the goods or services does not exceed |
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the cost of other similar goods or services produced by a vendor |
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that does not demonstrate that the vendor provides health care |
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benefits to the vendor's employees. |
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(b) A contract awarded to a vendor using the preference |
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under this section must include terms that allow the commission or a |
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state agency to terminate the contract if the vendor at any time |
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during the life of the contract does not continue to provide health |
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care benefits at a level comparable to the level the vendor claimed |
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to provide in its demonstration under Subsection (a). |
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SECTION 5. Section 44.0421, Education Code, and Section |
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2155.452, Government Code, as added by this Act, apply only to a |
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contract for the procurement of goods and services for which the |
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solicitation of bids or proposals, request for proposals, or |
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similar request for offers to provide the goods or services is first |
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published on or after September 1, 2007. A contract for the |
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procurement of goods and services for which the solicitation of |
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bids or proposals, request for proposals, or similar request for |
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offers to provide the goods or services is first published before |
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September 1, 2007, is governed by the law in effect at the time the |
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solicitation or request is published, and that law is continued in |
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effect for that purpose. |
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SECTION 6. This Act takes effect September 1, 2007. |