80R6580 JRD-D
 
  By: Swinford H.B. No. 3560
 
 
 
   
 
 
A BILL TO BE ENTITLED
AN ACT
relating to the transfer of the primary duties of the Texas Building
and Procurement Commission to the comptroller and the General Land
Office.
       BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
ARTICLE 1. ABOLITION OF THE TEXAS BUILDING AND PROCUREMENT
COMMISSION
       SECTION 1.01.  Sections 2151.002, 2151.003, and 2151.004,
Government Code, are amended to read as follows:
       Sec. 2151.002.  DEFINITION [DEFINITIONS].  Except as
otherwise provided by this subtitle, in this subtitle "state
agency"[:
             [(1)  "Commission" means the Texas Building and
Procurement Commission.
             [(2)"State agency"] means:
             (1) [(A)]  a department, commission, board, office, or
other agency in the executive branch of state government created by
the state constitution or a state statute;
             (2) [(B)]  the supreme court, the court of criminal
appeals, a court of appeals, or the Texas Judicial Council; or
             (3) [(C)]  a university system or an institution of
higher education as defined by Section 61.003, Education Code,
except a public junior college.
       Sec. 2151.003.  REFERENCE.  A statutory reference to the
General Services Commission, the State Board of Control, [or] the
State Purchasing and General Services Commission, or [means] the
Texas Building and Procurement Commission means:
             (1)  the General Land Office if the statutory reference
concerns:
                   (A)  charge and control of state buildings,
grounds, or property;
                   (B)  maintenance or repair of state buildings,
grounds, or property;
                   (C)  construction of a state building; or
                   (D)  purchase or lease of state buildings,
grounds, or property by or for the state; and
             (2)  the comptroller in all other circumstances, except
as otherwise provided by law.
       Sec. 2151.004.  TRANSFER OF POWERS AND DUTIES [TO DEPARTMENT
OF INFORMATION RESOURCES].  (a)  The powers and duties of the former 
General Services Commission under Chapter 2170 or other law
relating to providing telecommunications services for state
government are transferred to the Department of Information
Resources.
       (b)  A reference in law to the General Services Commission
that relates to the powers and duties of the former General Services
Commission under Chapter 2170 or other law relating to providing
telecommunications services for state government is a reference to
the Department of Information Resources.
       (c)  The powers and duties of the Texas Building and
Procurement Commission that relate to charge and control of state
buildings, grounds, or property, maintenance or repair of state
buildings, grounds, or property, construction of a state building,
or purchase or lease of state buildings, grounds, or property by or
for the state are transferred to the General Land Office.
       (d)  Except as provided by Subsection (a) or (c) or other
law, all other powers and duties of the Texas Building and
Procurement Commission are transferred to the comptroller.
       SECTION 1.02.  Chapter 2152, Government Code, is repealed.
       SECTION 1.03.  (a)  The Texas Building and Procurement
Commission is abolished.
       (b)  The validity of an action taken by the Texas Building
and Procurement Commission before it is abolished is not affected
by the abolition.
       SECTION 1.04.  (a)  All powers and duties of the Texas
Building and Procurement Commission that relate to charge and
control of state buildings, grounds, or property, to maintenance or
repair of state buildings, grounds, or property, to construction of
a state building, or to the purchase or lease of buildings, grounds,
or property by or for the state are transferred to the General Land
Office.
       (a-1)  Except as otherwise provided by this Act or other law,
all other powers and duties of the Texas Building and Procurement
Commission are transferred to the comptroller.
       (b)  All employees of the Texas Building and Procurement
Commission who primarily perform duties related to an activity
described by Subsection (a) of this section, including employees
who provide administrative support for those services, become
employees of the General Land Office. A management employee of the
Texas Building and Procurement Commission who primarily performs
duties related to an activity described by Subsection (a) of this
section becomes an employee of the General Land Office but does not
automatically continue to hold the person's management position. To
hold the management position on other than an interim basis the
person must apply for the position with the General Land Office.
       (b-1)  All other employees of the Texas Building and
Procurement Commission are transferred to the office of the
comptroller. A management employee of the Texas Building and
Procurement Commission who is transferred to the office of the
comptroller under this subsection does not automatically continue
to hold the person's management position.  To hold the management
position on other than an interim basis the person must apply for
the position with the comptroller.
       (c)  A rule, form, policy, procedure, or decision of the
Texas Building and Procurement Commission that is related to an
activity described by Subsection (a) of this section continues in
effect as a rule, form, policy, procedure, or decision of the
General Land Office until superseded by an act of the land
commissioner or the land commissioner's designee.
       (c-1)  A rule, form, policy, procedure, or decision of the
Texas Building and Procurement Commission that is related to an
activity transferred by this Act to the comptroller continues in
effect as a rule, form, policy, procedure, or decision of the
comptroller until superseded by an act of the comptroller.
       (d)  A court case, administrative proceeding, contract
negotiation, or other proceeding involving the Texas Building and
Procurement Commission that is related to an activity described by
Subsection (a) of this section is transferred without change in
status to the General Land Office, and the General Land Office
assumes, without a change in status, the position of the Texas
Building and Procurement Commission in a negotiation or proceeding
relating to an activity described by Subsection (a) of this section
to which the Texas Building and Procurement Commission is a party.
       (d-1)  A court case, administrative proceeding, contract
negotiation, or other proceeding involving the Texas Building and
Procurement Commission that is related to an activity transferred
by this Act to the comptroller is transferred without change in
status to the comptroller, and the comptroller assumes, without a
change in status, the position of the Texas Building and
Procurement Commission in a negotiation or proceeding relating to
an activity transferred by this Act to the comptroller to which the
Texas Building and Procurement Commission is a party.
       (e)  All money, contracts, leases, rights, bonds, and
obligations of the Texas Building and Procurement Commission
related to an activity described by Subsection (a) of this section
are transferred to the General Land Office.
       (e-1)  All money, contracts, leases, rights, bonds, and
obligations of the Texas Building and Procurement Commission
related to an activity transferred by this Act to the comptroller
are transferred to the comptroller.
       (f)  All personal property, including records, in the
custody of the Texas Building and Procurement Commission related to
an activity described by Subsection (a) of this section becomes the
property of the General Land Office.
       (f-1)  All personal property, including records, in the
custody of the Texas Building and Procurement Commission related to
an activity transferred by this Act to the comptroller becomes the
property of the comptroller.
       (g)  All funds appropriated by the legislature to the Texas
Building and Procurement Commission for an activity described by
Subsection (a) of this section, including funds for providing
administrative support for those services, are transferred to the
General Land Office.
       (g-1)  All funds appropriated by the legislature to the Texas
Building and Procurement Commission for an activity transferred by
this Act to the comptroller, including funds for providing
administrative support for those services, are transferred to the
comptroller.
       (h)  All property, employees, appropriations, and other
items of the Texas Building and Procurement Commission that are not
otherwise transferred by this section are transferred to the
comptroller subject to Section 1.05 of this article.
       SECTION 1.05.  (a)  In accordance with Section 1.04 of this
article, the comptroller and the land commissioner shall adopt a
memorandum of understanding that identifies and allocates between
the office of the comptroller and the General Land Office the
powers, duties, property, employees, appropriations, and other
items transferred under Section 1.04. The memorandum of
understanding must also:
             (1)  identify and allocate between the office of the
comptroller and the General Land Office any employees and any real
or personal property of the Texas Building and Procurement
Commission, including space in the central administrative offices
of the commission, used to generally support the activities of the
Texas Building and Procurement Commission; and
             (2)  provide a timetable for any necessary or advisable
movement of the physical location of employees and property.
       (b)  If the comptroller determines that the residual
transfer of property, employees, appropriations, and other items to
the comptroller under Section 1.04 of this article transferred
property, employees, appropriations, or other items that relate
primarily to an activity of the Texas Building and Procurement
Commission that will be performed by an agency other than the office
of the comptroller or the General Land Office, the comptroller
shall transfer the property, employees, appropriations, or other
items to that agency.
ARTICLE 2. TRANSFER OF DUTIES TO THE COMPTROLLER
       SECTION 2.01.  Subchapter A, Chapter 2155, Government Code,
is amended by adding Section 2155.0011 to read as follows:
       Sec. 2155.0011.  TRANSFER OF DUTIES; REFERENCE. (a)  The
powers and duties of the commission under this chapter are
transferred to the comptroller.
       (b)  In this chapter, a reference to the commission means the
comptroller.
       SECTION 2.02.  Section 2155.144(k), Government Code, is
amended to read as follows:
       (k)  Subject to Section 531.0055(c), the Health and Human
Services Commission, in cooperation with the comptroller, shall
establish a central contract management database that identifies
each contract made with a health and human services agency. The
comptroller [commission] may use the database to monitor health and
human services agency contracts, and health and human services
agencies may use the database in contracting. A state agency shall
send to the comptroller [commission] in the manner prescribed by
the comptroller [commission] the information the agency possesses
that the comptroller [commission] requires for inclusion in the
database.
       SECTION 2.03.  Section 2155.322(b), Government Code, is
amended to read as follows:
       (b)  If state law requires that a payment for the goods or
services be made on a warrant drawn or an electronic funds transfer
initiated by the comptroller or a state agency with delegated
authority under Section 403.060, promptly after the later of the
receipt of the invoice or the receipt of the goods or services, the
agency shall send to the comptroller the certification, together
with the financial information and purchase information provided by
the invoice and purchase voucher, on a form or in the manner agreed
to by the comptroller [and the commission].
       SECTION 2.04.  Section 2155.323(b), Government Code, is
amended to read as follows:
       (b)  If the comptroller approves the financial information,
the comptroller shall determine whether [commission rules require
the commission to audit] the purchase information should also be
audited under Section 2155.324. [If a commission audit is
required, the comptroller shall promptly send the certification and
purchase information to the commission using the method and format
agreed to by the comptroller and the commission.]
       SECTION 2.05.  Section 2155.324, Government Code, is amended
to read as follows:
       Sec. 2155.324.  PURCHASE [COMMISSION] AUDIT.  (a)  When [Not
later than the eighth day after the date the commission receives the
certification and purchase information required by this subchapter
from] the comptroller considers a purchase audit to be advisable,
the comptroller[, the commission] shall audit the purchase 
information for compliance with applicable purchasing statutes and
[commission] rules.
       (b)  The comptroller [commission] may determine the auditing
method used under this section, including stratified or statistical
sampling techniques.
       [(c)  The commission shall notify the comptroller of the
results of the commission's audit, using the method and format
agreed to by the commission and the comptroller.]
       SECTION 2.06.  Section 2155.325, Government Code, is amended
to read as follows:
       Sec. 2155.325.  PURCHASE [COMMISSION] AUDIT AFTER ISSUANCE
OF WARRANT. (a)  The comptroller [commission] may audit purchase
information after a warrant has been issued if the audit will
expedite the payment process.
       (b)  For audits under this section, the comptroller
[commission] by rule shall:
             (1)  determine the types of purchases that will be
audited after a warrant is issued; and
             (2)  specify the purchase information that a state
agency must send to the comptroller [or the commission] before a
warrant is issued.
       [(c)  For purchases audited after a warrant is issued, the
comptroller shall send the certification and purchase information
received by the comptroller under Section 2155.322(b) to the
commission under commission rules.]
       SECTION 2.07.  Section 2155.382(a), Government Code, is
amended to read as follows:
       (a)  After the comptroller approves [and the commission have
approved] financial information and purchase information, when
advance approval of that information is required by [commission]
rule, the comptroller shall draw a warrant on the state treasury
for:
             (1)  the amount due on the invoice; or
             (2)  the amount on the invoice that has been allowed.
       SECTION 2.08.  Section 2155.503, Government Code, is amended
to read as follows:
       Sec. 2155.503.  RULES.  (a)  The comptroller [commission]
and the department shall adopt rules to implement this subchapter.
The rules must:
             (1)  establish standard terms for contracts listed on a
schedule; and
             (2)  maintain consistency with existing purchasing
standards.
       (b)  The comptroller [commission] and the department shall
consult with the attorney general [and the comptroller] in
developing rules under this section.
       SECTION 2.09.  Subchapter A, Chapter 2156, Government Code,
is amended by adding Section 2156.0011 to read as follows:
       Sec. 2156.0011.  TRANSFER OF DUTIES; REFERENCE. (a)  The
powers and duties of the commission under this chapter are
transferred to the comptroller.
       (b)  In this chapter, a reference to the commission means the
comptroller.
       SECTION 2.10.  Subchapter A, Chapter 2157, Government Code,
is amended by adding Section 2157.0011 to read as follows:
       Sec. 2157.0011.  TRANSFER OF DUTIES; REFERENCE. (a)  The
powers and duties of the commission under this chapter are
transferred to the comptroller.
       (b)  In this chapter, a reference to the commission means the
comptroller.
       SECTION 2.11.  Subchapter A, Chapter 2158, Government Code,
is amended by adding Section 2158.0011 to read as follows:
       Sec. 2158.0011.  TRANSFER OF DUTIES; REFERENCE. (a)  The
powers and duties of the commission under this chapter are
transferred to the comptroller.
       (b)  In this chapter, a reference to the commission means the
comptroller.
       SECTION 2.12.  Subchapter A, Chapter 2161, Government Code,
is amended by adding Section 2161.0011 to read as follows:
       Sec. 2161.0011.  TRANSFER OF DUTIES; REFERENCE. (a)  The
powers and duties of the commission under this chapter are
transferred to the comptroller.
       (b)  In this chapter, a reference to the commission means the
comptroller.
       SECTION 2.13.  Section 2161.125, Government Code, is amended
to read as follows:
       Sec. 2161.125.  CATEGORIZATION BY SEX, RACE, AND ETHNICITY.  
The comptroller [commission], in cooperation with [the comptroller
and] each state agency reporting under this subchapter, shall
categorize each historically underutilized business included in a
report under this subchapter by sex, race, and ethnicity.
       SECTION 2.14.  Section 2162.051(a), Government Code, is
amended to read as follows:
       (a)  The State Council on Competitive Government consists of
the following individuals or the individuals they designate:
             (1)  the governor;
             (2)  the lieutenant governor;
             (3)  the comptroller;
             (4)  the speaker of the house of representatives; and
             (5)  [the commission's presiding officer; and
             [(6)]  the commissioner of the Texas Workforce
Commission representing labor.
       SECTION 2.15.  Section 2162.102(c), Government Code, is
amended to read as follows:
       (c)  In performing its duties under this chapter, the council
may:
             (1)  require a state agency to conduct a hearing,
study, review, or cost estimate, including an agency in-house cost
estimate or a management study, concerning any aspect of a service
identified under Subsection (a);
             (2)  develop and require state agencies to use methods
to accurately and fairly estimate and account for the cost of
providing a service identified under Subsection (a);
             (3)  require that a service identified under Subsection
(a) be submitted to competitive bidding or another process that
creates competition with private commercial sources;
             (4)  prescribe, after consulting affected state
agencies, the specifications and conditions of purchase procedures
that must be followed by the comptroller [commission] and a state
agency or a private commercial source engaged in competitive
bidding to provide a service identified under Subsection (a);
             (5)  award a contract to a state agency providing the
service, another state agency, a private commercial source, or a
combination of those entities, if the bidder presents the best and
most reasonable bid, which is not necessarily the lowest bid; and
             (6)  determine the terms of a contract for service or
interagency contract to provide a service identified under
Subsection (a).
       SECTION 2.16.  Chapter 2163, Government Code, is amended by
adding Section 2163.0011 to read as follows:
       Sec. 2163.0011.  TRANSFER OF DUTIES; REFERENCE. (a)  The
powers and duties of the commission under this chapter are
transferred to the comptroller.
       (b)  In this chapter, a reference to the commission means the
comptroller.
       SECTION 2.17.  Subchapter A, Chapter 2170, Government Code,
is amended by adding Section 2170.0011 to read as follows:
       Sec. 2170.0011.  TRANSFER OF DUTIES; REFERENCE. (a)  Any
remaining powers and duties of the commission under this chapter
are transferred to the comptroller.
       (b)  Subject to Section 2151.004(b), in this chapter a
reference to the commission means the comptroller.
       SECTION 2.18.  Subchapter A, Chapter 2171, Government Code,
is amended by adding Section 2171.0011 to read as follows:
       Sec. 2171.0011.  TRANSFER OF DUTIES; REFERENCE. (a)  The
powers and duties of the commission under this chapter are
transferred to the comptroller.
       (b)  In this chapter, a reference to the commission means the
comptroller.
       SECTION 2.19.  Section 2171.056(e), Government Code, is
amended to read as follows:
       (e)  The comptroller [commission] shall adopt rules related
to exemptions from the prohibition prescribed by Subsection (b).
[To facilitate the audit of the travel vouchers, the commission
shall consult with the comptroller before the commission adopts
rules or procedures under Subsection (b).]
       SECTION 2.20.  Chapter 2172, Government Code, is amended by
adding Section 2172.0011 to read as follows:
       Sec. 2172.0011.  TRANSFER OF DUTIES; REFERENCE. (a)  The
powers and duties of the commission under this chapter are
transferred to the comptroller.
       (b)  In this chapter, a reference to the commission means the
comptroller.
       SECTION 2.21.  Subchapter A, Chapter 2175, Government Code,
is amended by adding Section 2175.0011 to read as follows:
       Sec. 2175.0011.  TRANSFER OF DUTIES; REFERENCE. (a)  The
powers and duties of the commission under this chapter are
transferred to the comptroller.
       (b)  In this chapter, a reference to the commission means the
comptroller.
       SECTION 2.22.  Section 2175.122, Government Code, is amended
to read as follows:
       Sec. 2175.122.  STATE AGENCY NOTICE TO [COMMISSION AND]
COMPTROLLER. A state agency that determines it has surplus or
salvage property shall inform the [commission and the] comptroller
of the property's kind, number, location, condition, original cost
or value, and date of acquisition.
       SECTION 2.23.  Section 2175.123(b), Government Code, is
amended to read as follows:
       (b)  The state agency shall inform the [commission and the]
comptroller of its determination.
       SECTION 2.24.  Section 2175.1825, Government Code, is
amended to read as follows:
       Sec. 2175.1825.  ADVERTISING ON COMPTROLLER WEBSITE. The 
[Not later than the second day after the date the comptroller
receives notice from the commission under Section 2175.182(c), the]
comptroller shall advertise the property's kind, number, location,
and condition on the comptroller's website.
       SECTION 2.25.  Section 2175.190(a), Government Code, is
amended to read as follows:
       (a)  On the sale by the comptroller [commission] of surplus
or salvage property, the comptroller [commission] shall report the
property sold and the sale price to the state agency that owned the
property [and to the comptroller].
       SECTION 2.26.  Subchapter A, Chapter 2176, Government Code,
is amended by adding Section 2176.0011 to read as follows:
       Sec. 2176.0011.  TRANSFER OF DUTIES; REFERENCE. (a)  The
powers and duties of the commission under this chapter are
transferred to the comptroller.
       (b)  In this chapter, a reference to the commission means the
comptroller.
       SECTION 2.27.  Section 2176.053, Government Code, is amended
to read as follows:
       Sec. 2176.053.  DELIVERY OF STATE WARRANTS.  State warrants
may be delivered in a manner agreed to by the comptroller[, the
commission,] and the affected agency.
       SECTION 2.28.  Subchapter A, Chapter 2177, Government Code,
is amended by adding Section 2177.0011 to read as follows:
       Sec. 2177.0011.  TRANSFER OF DUTIES; REFERENCE. (a)  The
powers and duties of the commission under this chapter are
transferred to the comptroller.
       (b)  In this chapter, a reference to the commission means the
comptroller.
       SECTION 2.29.  Section 22.008(d), Government Code, is
amended to read as follows:
       (d)  The reporter shall return the record, with briefs and
opinions, to the clerk when the report is completed and from time to
time shall deliver the reports to the comptroller [State Purchasing
and General Services Commission] for publication. Each volume
shall be copyrighted in the name of the reporter, who immediately on
delivery of the edition shall transfer and assign it to the state.
The edition shall be electrotyped. The state owns the plates, and
the comptroller [State Purchasing and General Services Commission]
shall preserve them.
       SECTION 2.30.  Section 325.017(e), Government Code, is
amended to read as follows:
       (e)  Unless the governor designates an appropriate state
agency as prescribed by Subsection (f), property and records in the
custody of an abolished state agency or advisory committee on
September 1 of the even-numbered year after abolishment shall be
transferred to the comptroller [State Purchasing and General
Services Commission]. If the governor designates an appropriate
state agency, the property and records shall be transferred to the
designated state agency.
       SECTION 2.31.  Section 403.251, Government Code, is amended
to read as follows:
       Sec. 403.251.  ADDITIONAL DUTIES OF COMPTROLLER
[COMMISSION].  The comptroller [commission] shall treat
documentation submitted [to the commission] by a state agency as
part of the procedure for replenishing a petty cash account as a
proposed expenditure of appropriated funds. The comptroller
[commission] shall follow its usual procedures for reviewing
purchases. The comptroller [commission] shall give the agency a
written approval or disapproval of each disbursement from the petty
cash account.
       SECTION 2.32.  Section 441.106, Government Code, is amended
to read as follows:
       Sec. 441.106.  PAYMENT FOR PRINTING OF STATE PUBLICATIONS.  
If a state agency's printing is done by contract, an account for the
printing may not be approved and a warrant may not be issued unless
the agency first furnishes to the comptroller [Texas Building and
Procurement Commission] a receipt from the state librarian for the
publication or a written waiver from the state librarian exempting
the publication from this subchapter.
       SECTION 2.33.  Sections 441.194(a) and (b), Government Code,
are amended to read as follows:
       (a)  Unless otherwise provided by law, the comptroller
[General Services Commission] shall take custody of the records of
a state agency that is abolished by the legislature and whose duties
and responsibilities are not transferred to another state agency.
       (b)  Unless the requirement is waived by the state records
administrator, the records management officer of the comptroller
[General Services Commission], or of another state agency that
receives custody of the records pursuant to law, shall prepare and
submit to the state archivist and the state records administrator a
list of the records of the abolished state agency within 180 days of
the effective date of the agency's abolition.
       SECTION 2.34.  Section 444.021(a), Government Code, is
amended to read as follows:
       (a)  The commission shall:
             (1)  foster the development of a receptive climate for
the arts that will culturally enrich and benefit state citizens in
their daily lives;
             (2)  make visits and vacations to the state more
appealing to the world;
             (3)  attract, through appropriate programs of
publicity and education, additional outstanding artists to become
state residents;
             (4)  direct activities such as the sponsorship of
lectures and exhibitions and the central compilation and
dissemination of information on the progress of the arts in the
state;
             (5)  provide advice to the comptroller [General
Services commission], Texas Historical Commission, Texas State
Library, Texas Tourist Development Agency, Texas Department of
Transportation, and other state agencies to provide a concentrated
state effort in encouraging and developing an appreciation for the
arts in the state;
             (6)  provide advice relating to the creation,
acquisition, construction, erection, or remodeling by the state of
a work of art; and
             (7)  provide advice, on request of the governor,
relating to the artistic character of buildings constructed,
erected, or remodeled by the state.
       SECTION 2.35.  Section 465.0082, Government Code, is amended
to read as follows:
       Sec. 465.0082.  PURCHASING RULES.  The commission shall
adopt rules to guide its purchases of supplies, materials,
services, and equipment to carry out eligible undertakings as
defined by Section 465.021. The commission shall use as a guide,
whenever consistent with the commission's purposes, the rules of
the comptroller [State Purchasing and General Services
Commission].
       SECTION 2.36.  Section 465.018(b), Government Code, is
amended to read as follows:
       (b)  This section does not prohibit the commission from using
the comptroller's purchasing [General Services Commission's]
services.
       SECTION 2.37.  Section 466.104, Government Code, is amended
to read as follows:
       Sec. 466.104.  ASSISTANCE OF COMPTROLLER [GENERAL SERVICES
COMMISSION].  On request of the executive director, the comptroller
[General Services Commission] shall assist the executive director
in:
             (1)  acquiring facilities, supplies, materials,
equipment, and services under Subtitle D, Title 10; or
             (2)  establishing procedures for the executive
director's accelerated acquisition of facilities, supplies,
materials, equipment, and services for the operation of the
lottery.
       SECTION 2.38.  Section 481.027(f), Government Code, is
amended to read as follows:
       (f)  The comptroller [General Services Commission] may, at
the request of a state agency, provide to the agency services
exempted from the application of Subtitle D, Title 10 under
Subsection (e). Chapter 771 does not apply to services provided
under this subsection. The comptroller [commission] shall
establish a system of charges and billings that ensures recovery of
the cost of providing the services and shall submit a purchase
voucher or a journal voucher, after the close of each month, to the
agency for which services were performed.
       SECTION 2.39.  Section 496.0515(b), Government Code, is
amended to read as follows:
       (b)  The department shall promulgate procedures for the
purpose of purchasing under Subsection (a). The department shall
file copies of the procedures promulgated under this subsection
with the comptroller [General Services Commission].
       SECTION 2.40.  Section 497.024(b), Government Code, is
amended to read as follows:
       (b)  If the comptroller [General Services Commission]
determines that an article or product produced by the office under
this subchapter does not meet the requirements of an agency of the
state or a political subdivision, or that the office has determined
that the office is unable to fill a requisition for an article or
product, the agency or subdivision may purchase the article or
product from another source.
       SECTION 2.41.  Sections 497.025(a) and (c), Government Code,
are amended to read as follows:
       (a)  An agency of the state that purchases articles and
products under this subchapter must requisition the purchase
through the comptroller [General Services Commission] except for
purchases of articles or products not included in an established
contract. The purchase of articles or products not included in an
established contract and that do not exceed the dollar limits
established under Section 2155.132 may be acquired directly from
the office on the agency's obtaining an informal or a formal
quotation for the item and issuing a proper purchase order to the
office. The comptroller [General Services Commission] and the
department shall enter into an agreement to expedite the process by
which agencies are required to requisition purchases of articles or
products through the comptroller [commission].
       (c)  If an agency or political subdivision purchasing goods
under this subchapter desires to purchase goods or articles from
the office, it may do so without complying with any other state law
otherwise requiring the agency or political subdivision to request
competitive bids for the article or product. Nothing herein shall
be interpreted to require a political subdivision to purchase goods
or articles from the office if the political subdivision determines
that the goods or articles can be purchased elsewhere at a lower
price. An agency may decline to purchase goods or articles from the
office if the agency determines, after giving the office a final
opportunity to negotiate on price, and the comptroller [General
Services Commission] certifies, that the goods or articles can be
purchased elsewhere at a lower price.
       SECTION 2.42.  Section 497.026, Government Code, is amended
to read as follows:
       Sec. 497.026.  PRICES.  The office and the comptroller
[General Services Commission] shall determine the sales price of
articles and products produced under this subchapter.
       SECTION 2.43.  Section 497.027, Government Code, is amended
to read as follows:
       Sec. 497.027.  SPECIFICATIONS.  (a)  The comptroller
[General Services Commission] shall establish specifications for
articles and products produced under this subchapter. An article
or product produced under this subchapter must meet specifications
established under this subsection in effect when the article or
product is produced.
       (b)  The office may manufacture articles and products to meet
commercial specifications for the article or product if the
comptroller [General Services Commission] has not established
specifications for the article or product and the comptroller 
[commission] approves the commercial specifications.
       SECTION 2.44.  Section 497.029, Government Code, is amended
to read as follows:
       Sec. 497.029.  NEW ARTICLES AND PRODUCTS.  The comptroller
[General Services Commission] may request the office to produce
additional articles or products under this subchapter.
       SECTION 2.45.  Section 497.030, Government Code, is amended
to read as follows:
       Sec. 497.030.  COMPTROLLER [GENERAL SERVICES COMMISSION]
REPORTS.  (a)  Not later than the 31st day before the first day of
each fiscal year, the comptroller [General Services Commission]
shall submit to the office a report that summarizes the types and
amounts of articles and products sold under this subchapter in the
preceding nine months.
       (b)  Not later than the 100th day after the last day of each
fiscal year, the comptroller [General Services Commission] shall
submit to the office a report that states the types and amounts of
articles and products sold under this subchapter in the preceding
fiscal year.
       (c)  A report submitted by the comptroller [General Services
Commission] under this section must describe the articles and
products to the extent possible in the manner those articles and
products are described in catalogs prepared under Section 497.028.
       SECTION 2.46.  Section 531.0312(b), Government Code, is
amended to read as follows:
       (b)  The commission shall cooperate with the Records
Management Interagency Coordinating Council and the comptroller
[General Services Commission] to establish a single method of
categorizing information about health and human services to be used
by the Records Management Interagency Coordinating Council and the
Texas Information and Referral Network. The network, in
cooperation with the council and the comptroller [General Services
Commission], shall ensure that:
             (1)  information relating to health and human services
is included in each residential telephone directory published by a
for-profit publisher and distributed to the public at minimal or no
cost; and
             (2)  the single method of categorizing information
about health and human services is used in a residential telephone
directory described by Subdivision (1).
       SECTION 2.47.  Subchapter A, Chapter 663, Government Code,
is amended by adding Section 663.0011 to read as follows:
       Sec. 663.0011.  TRANSFER OF DUTIES; REFERENCE. (a)  The
powers and duties of the commission under this chapter are
transferred to the comptroller.
       (b)  In this chapter, a reference to the commission means the
comptroller.
       SECTION 2.48.  Sections 791.025(a) and (b), Government Code,
are amended to read as follows:
       (a)  A local government, including a council of governments,
may agree with another local government or with the state or a state
agency, including the comptroller [General Services Commission],
to purchase goods and services.
       (b)  A local government, including a council of governments,
may agree with another local government, including a nonprofit
corporation that is created and operated to provide one or more
governmental functions and services, or with the state or a state
agency, including the comptroller [General Services Commission],
to purchase goods and any services reasonably required for the
installation, operation, or maintenance of the goods. This
subsection does not apply to services provided by firefighters,
police officers, or emergency medical personnel.
       SECTION 2.49.  Section 825.103(d), Government Code, is
amended to read as follows:
       (d)  Notwithstanding any other law, the retirement system
has exclusive authority over the purchase of goods and services
using money other than money appropriated from the general revenue
fund, including specifically money from trusts under the
administration of the retirement system, and Subtitle D, Title 10,
does not apply to the retirement system with respect to that money.
The retirement system shall acquire goods or services by
procurement methods approved by the board of trustees or the
board's designee. For purposes of this subsection, goods and
services include all professional and consulting services and
utilities as well as supplies, materials, equipment, skilled or
unskilled labor, and insurance. The comptroller [Texas Building
and Procurement Commission] shall procure goods or services for the
retirement system at the request of the retirement system, and the
retirement system may use the services of the comptroller [that
commission] in procuring goods or services.
       SECTION 2.50.  Section 2051.052, Government Code, is amended
to read as follows:
       Sec. 2051.052.  CANCELLATION OF PUBLISHING CONTRACT.  The
comptroller [General Services Commission] or a district or county
official required to publish a notice may cancel a contract
executed by the comptroller [commission] or official for the
publication if the comptroller [commission] or official determines
that the newspaper charges a rate higher than the legal rate.
       SECTION 2.51.  Section 2054.057(a), Government Code, is
amended to read as follows:
       (a)  The department, with the cooperation of the
comptroller[, the General Services Commission,] and other
appropriate state agencies, shall develop and implement a program
to train state agency personnel in effectively negotiating
contracts for the purchase of information resources technologies.
       SECTION 2.52.  Section 2101.038, Government Code, is amended
to read as follows:
       Sec. 2101.038.  DUTIES OF STATE AUDITOR.  The state auditor,
when reviewing the operation of a state agency, shall audit for
compliance with the uniform statewide accounting system, the
comptroller's rules, and the Legislative Budget Board's performance
and workload measures. The state auditor shall also audit state
agencies that make purchases that are exempted from the purchasing
authority of the comptroller [General Services Commission] or that
make purchases under delegated purchasing authority for compliance
with applicable provisions of Subtitle D, except that this section
does not require the state auditor to audit purchases made under
Section 51.9335, Education Code, or made under Section 73.115,
Education Code. The state auditor shall notify the comptroller,
the governor, the lieutenant governor, the speaker of the house of
representatives, and the Legislative Budget Board as soon as
practicable when a state agency is not in compliance.
       SECTION 2.53.  Section 2103.032(a), Government Code, is
amended to read as follows:
       (a)  The comptroller by rule may establish a system for state
agencies to submit and approve electronically vouchers if the
comptroller determines that the system will facilitate the
operation and administration of the uniform statewide accounting
system. The comptroller may establish an electronic method to
approve a voucher submitted by a state agency [and may establish an
electronic system for the approval of vouchers by the General
Services Commission].
       SECTION 2.54.  Sections 2113.103(a), (c), and (d),
Government Code, are amended to read as follows:
       (a)  A state agency should use the most cost-effective means
of postal service available. A state agency may use appropriated
money to purchase any form of mailing service available from the
United States Postal Service that results in lower cost to the
agency and affords service comparable in quality to other available
postal services. The comptroller [General Services Commission]
shall assist state agencies in determining the types and
comparability of postal services available from the United States
Postal Service.
       (c)  An agency other than an institution of higher education
as defined by Section 61.003, Education Code, that spends for
postage in a fiscal year an amount that exceeds the dollar amount
set by the General Appropriations Act as the maximum expenditure
for postage shall purchase or rent a postage meter machine and
record all purchases of postage on the machine except purchases of
postage for employees in field offices and traveling employees.
The rental of a postage meter machine by a state agency, including
an institution of higher education, the legislature, or an agency
in the legislative branch of state government, must be from a
company approved by the comptroller [General Services Commission].
The comptroller [General Services Commission] by rule shall adopt
procedures for the renting entity to pay for postage.
       (d)  Subsection (b) does not apply to a reimbursement:
             (1)  to an authorized petty cash account;
             (2)  to a state employee for an emergency purchase of
postage or emergency payment of post office box rent;
             (3)  that is received by a state agency for authorized
services and is appropriated directly to the receiving agency; or
             (4)  under a contract for mailing services that may
include postage, if the contract has been approved by the
comptroller [General Services Commission].
       SECTION 2.55.  Section 2113.301(h), Government Code, is
amended to read as follows:
       (h)  The comptroller [Texas Building and Procurement
Commission] shall appoint a task force to develop design
recommendations that are to be used for state facilities and that
encourage rain harvesting and water recycling by state agencies
using appropriated money to finance a capital expenditure for a
state facility purpose.
       SECTION 2.56.  Section 2203.005(b), Government Code, is
amended to read as follows:
       (b)  The state agency shall file with the comptroller
[General Services Commission] a copy of all contracts between the
state agency and the vendor related to the vending machine and a
written description of the location of the vending machine.
       SECTION 2.57.  Sections 2205.004(a) and (c), Government
Code, are amended to read as follows:
       (a)  The board is composed of:
             (1)  a member appointed by the governor;
             (2)  a member appointed by the lieutenant governor;
             (3)  a member appointed by the speaker of the house of
representatives; and
             (4)  a representative of the comptroller [Texas
Building and Procurement Commission, designated from time to time
by the presiding officer of the commission].
       (c)  The representative of the comptroller [Texas Building
and Procurement Commission] is an ex officio, nonvoting member of
the board and serves only in an advisory capacity.
       SECTION 2.58.  Section 2205.012(a), Government Code, is
amended to read as follows:
       (a)  The board may employ and compensate staff as provided by
legislative appropriation or may use staff provided by the
comptroller [General Services Commission] or the state auditor's
office.
       SECTION 2.59.  Section 2251.003, Government Code, is amended
to read as follows:
       Sec. 2251.003.  RULES.  The comptroller [General Services
Commission] shall establish procedures and adopt rules to
administer this chapter[, except that the commission may not
establish a procedure or adopt a rule that conflicts with a
procedure established or a rule adopted by the comptroller under
Section 2251.026(i)].
       SECTION 2.60.  Section 2252.003(a), Government Code, is
amended to read as follows:
       (a)  The comptroller [General Services Commission] annually
shall publish in the Texas Register:
             (1)  a list showing each state that regulates the award
of a governmental contract to a bidder whose principal place of
business is not located in that state; and
             (2)  the citation to and a summary of each state's most
recent law or regulation relating to the evaluation of a bid from
and award of a contract to a bidder whose principal place of
business is not located in that state.
       SECTION 2.61.  Section 2254.040, Government Code, is amended
to read as follows:
       Sec. 2254.040.  PROCUREMENT BY COMPTROLLER [GENERAL
SERVICES COMMISSION].  (a)  The comptroller [General Services
Commission] may, on request of a state agency, procure for the
agency consulting services that are covered by this subchapter.
       (b)  The comptroller [commission] may require reimbursement
for the costs it incurs in procuring the services.
       SECTION 2.62.  Sections 2261.001(a) and (c), Government
Code, are amended to read as follows:
       (a)  This chapter applies only to each procurement of goods
or services made by a state agency that is neither made by the
comptroller [General Services Commission] nor made under
purchasing authority delegated to the agency by or under Section
51.9335 or 73.115, Education Code, or Section 2155.131, 2155.132,
or 2155.133.
       (c)  The comptroller [General Services Commission] on
request shall determine whether a procurement or type of
procurement:
             (1)  is made under purchasing authority delegated to an
agency by or under Section 2155.131, 2155.132, or 2155.133; or
             (2)  is made under some other source of purchasing
authority.
       SECTION 2.63.  Subchapter A, Chapter 2262, Government Code,
is amended by adding Section 2262.0011 to read as follows:
       Sec. 2262.0011.  TRANSFER OF DUTIES; REFERENCE. (a)  The
powers and duties of the commission under this chapter are
transferred to the comptroller.
       (b)  In this chapter, a reference to the commission means the
comptroller.
       SECTION 2.64.  Section 2302.002, Government Code, is amended
to read as follows:
       Sec. 2302.002.  COMPOSITION OF COUNCIL.  The council is
composed of:
             (1)  one representative with knowledge of cogeneration
from each of the following agencies, appointed by and serving at the
pleasure of the agency's presiding officer:
                   (A)  the commission;
                   (B)  the Railroad Commission of Texas; and
                   (C)  [the General Services Commission; and
                   [(D)]  the Texas Natural Resource Conservation
Commission;
             (2)  one representative of the office of the attorney
general, appointed by the attorney general;
             (3)  one representative of the comptroller, appointed
by the comptroller; and
             (4) [(3)]  one representative of higher education,
appointed by the governor.
       SECTION 2.65.  Section 12.014(b), Agriculture Code, is
amended to read as follows:
       (b)  Under the direction of the department, the comptroller
[State Purchasing and General Services Commission] shall have
printed not more than 10,000 copies of the annual report of the
department. The department shall distribute the copies to farmers
through the farmers' institutes or agricultural organizations or
through other means as determined by the department.
       SECTION 2.66.  Section 12.029(c), Agriculture Code, is
amended to read as follows:
       (c)  The department shall file the policies established
under this section with the comptroller [State Purchasing and
General Services Commission] and with the Texas Department of
Commerce or its successor in function. The comptroller
[commission] shall conduct an analysis of the department's policies
and the policies' effectiveness and shall report the analysis to
the governor, lieutenant governor, and speaker of the house of
representatives not later than December 31 of each even-numbered
year.
       SECTION 2.67.  Section 13.112, Agriculture Code, is amended
to read as follows:
       Sec. 13.112.  TESTS FOR STATE INSTITUTIONS.  As requested by
the comptroller [State Purchasing and General Services Commission]
or the governing body of a state institution, the department shall
test each weight or measure used by a state institution for any
purpose, including a weight or measure used in checking the receipt
and distribution of supplies. The department shall report results
of the test to the chairman of the governing body of the
institution.
       SECTION 2.68.  Section 49.004(d), Agriculture Code, is
amended to read as follows:
       (d)  Supplies, materials, services, and equipment purchased
with funds obtained under this section are not subject to the
purchasing [General Services Commission] authority of the
comptroller.
       SECTION 2.69.  Section 201.105(c), Agriculture Code, is
amended to read as follows:
       (c)  A conservation district may make any purchase of
machinery or equipment through the comptroller [State Purchasing
and General Services Commission] under the terms and rules provided
by law for purchases by the state or political subdivisions.
       SECTION 2.70.  Section 34.001, Education Code, is amended to
read as follows:
       Sec. 34.001.  PURCHASE OF MOTOR VEHICLES.  (a)  A school
district may purchase school motor vehicles through the comptroller
[General Services Commission] or through competitive bidding under
Subchapter B, Chapter 44.
       (b)  The comptroller [General Services Commission] may adopt
rules as necessary to implement Subsection (a).
       SECTION 2.71.  Section 34.006, Education Code, is amended to
read as follows:
       Sec. 34.006.  SALE OF BUSES.  (a)  At the request of a school
district, the comptroller [General Services Commission] shall
dispose of a school bus.
       (b)  A school district is not required to dispose of a school
bus through the comptroller [General Services Commission].
       SECTION 2.72.  Section 106.54, Education Code, is amended to
read as follows:
       Sec. 106.54.  BIENNIAL REPORT.  True and full accounts shall
be kept by the board and by the employees of the university of all
funds collected from all sources by the university, all the sums
paid out by it, and the persons to whom and the purposes for which
the sums are paid. The board shall print biennially a complete
report of all sums collected, all expenditures, and the sums
remaining on hand. The report shall be printed in even-numbered
years between September 1 and January 1. It shall show the true
condition of all funds as of the preceding August 1, and shall show
all collections and expenditures for the preceding two years. The
board shall furnish copies of the report to the governor,
comptroller, state auditor, and attorney general[, and not less
than three copies to the General Services Commission].  The board
shall furnish a copy to each member of the House Appropriations
Committee, the Senate Finance Committee, and the House and Senate
committees on education of each regular session of the legislature
within one week after the committees are appointed.
       SECTION 2.73.  Section 107.66, Education Code, is amended to
read as follows:
       Sec. 107.66.  REQUISITION OF FURNISHINGS, EQUIPMENT, ETC.  
The board may make requisition to the comptroller [General Services
Commission] for furniture, furnishings, equipment, and
appointments required for the proper use and enjoyment of
improvements erected by the board, and the comptroller [General
Services Commission] may purchase and pay for the furnishings,
equipment, and appointments.
       SECTION 2.74.  Section 141.003(c), Education Code, is
amended to read as follows:
       (c)  Supplies, materials, services, and equipment purchased
with these funds shall not be subject to the purchasing [State
Purchasing and General Services Commission] authority of the
comptroller.
       SECTION 2.75.  Section 142.004(e), Education Code, is
amended to read as follows:
       (e)  Supplies, materials, services, and equipment purchased
with these funds shall not be subject to the purchasing [State
Purchasing and General Services Commission] authority of the
comptroller.
       SECTION 2.76.  Section 143.005(f), Education Code, is
amended to read as follows:
       (f)  Supplies, materials, services, and equipment purchased
with these funds shall not be subject to the purchasing [State
Purchasing and General Services Commission] authority of the
comptroller.
       SECTION 2.77.  Section 152.004(e), Education Code, is
amended to read as follows:
       (e)  Supplies, materials, services, or equipment purchased
by a public junior college or public technical institute with money
received under this chapter are not subject to the purchasing 
authority of the comptroller [General Services Commission].
       SECTION 2.78.  Section 361.423, Health and Safety Code, is
amended to read as follows:
       Sec. 361.423.  RECYCLING MARKET DEVELOPMENT IMPLEMENTATION
PROGRAM.  (a)  The commission, the comptroller [Texas Building and
Procurement Commission], and other consenting state agencies as
appropriate shall regularly coordinate the recycling activities of
state agencies and shall each pursue an economic development
strategy that focuses on the state's waste management priorities
established by Section 361.022 and that includes development of
recycling industries and markets as an integrated component.
       (b)  The commission and the comptroller [Texas Building and
Procurement Commission], on an ongoing basis, shall jointly:
             (1)  identify existing economic and regulatory
incentives and disincentives for creating an optimal market
development strategy;
             (2)  analyze or take into consideration the market
development implications of:
                   (A)  the state's waste management policies and
regulations;
                   (B)  existing and potential markets for plastic,
glass, paper, lead-acid batteries, tires, compost, scrap gypsum,
coal combustion by-products, and other recyclable materials; and
                   (C)  the state's tax structure and overall
economic base;
             (3)  examine and make policy recommendations regarding
the need for changes in or the development of:
                   (A)  economic policies that affect
transportation, such as those embodied in freight rate schedules;
                   (B)  tax incentives and disincentives;
                   (C)  the availability of financial capital
including grants, loans, and venture capital;
                   (D)  enterprise zones;
                   (E)  managerial and technical assistance;
                   (F)  job-training programs;
                   (G)  strategies for matching market supply and
market demand for recyclable materials, including intrastate and
interstate coordination;
                   (H)  the state recycling goal;
                   (I)  public-private partnerships;
                   (J)  research and development;
                   (K)  government procurement policies;
                   (L)  educational programs for the public,
corporate and regulated communities, and government entities; and
                   (M)  public health and safety regulatory
policies;
             (4)  establish a comprehensive statewide strategy to
expand markets for recycled products in Texas;
             (5)  provide information and technical assistance to
small and disadvantaged businesses, business development centers,
chambers of commerce, educational institutions, and nonprofit
associations on market opportunities in the area of recycling; and
             (6)  with the cooperation of the Office of
State-Federal Relations, assist communities and private entities
in identifying state and federal grants pertaining to recycling and
solid waste management.
       (c)  In carrying out this section, the commission and the
comptroller [Texas Building and Procurement Commission] may obtain
research and development and technical assistance from the
Hazardous Waste Research Center at Lamar University at Beaumont or
other similar institutions.
       (d)  In carrying out this section, the commission and the
comptroller [Texas Building and Procurement Commission] shall
utilize the pollution prevention advisory committee as set out in
Section 361.0215 of the Health and Safety Code.
       SECTION 2.79.  Section 361.425(a), Health and Safety Code,
is amended to read as follows:
       (a)  A state agency, state court or judicial agency, a
university system or institution of higher education, a county,
municipality, school district, or special district shall:
             (1)  in cooperation with the comptroller [General
Services Commission] or the commission establish a program for the
separation and collection of all recyclable materials generated by
the entity's operations, including, at a minimum, aluminum, steel
containers, aseptic packaging and polycoated paperboard cartons,
high-grade office paper, and corrugated cardboard;
             (2)  provide procedures for collecting and storing
recyclable materials, containers for recyclable materials, and
procedures for making contractual or other arrangements with buyers
of recyclable materials;
             (3)  evaluate the amount of recyclable material
recycled and modify the recycling program as necessary to ensure
that all recyclable materials are effectively and practicably
recycled; and
             (4)  establish educational and incentive programs to
encourage maximum employee participation.
       SECTION 2.80.  Section 361.427(a), Health and Safety Code,
is amended to read as follows:
       (a)  The commission, in consultation with the comptroller
[General Services Commission], shall promulgate rules to establish
guidelines which specify the percent of the total content of a
product which must consist of recycled material for the product to
be a "recycled product."
       SECTION 2.81.  Section 841.083(c-2), Health and Safety
Code, is amended to read as follows:
       (c-2)  If the equipment necessary to implement the tracking
service is available through a contract entered into by the
comptroller [Texas Building and Procurement Commission], the
Department of Public Safety or the council, as appropriate, shall
acquire that equipment through that contract.
       SECTION 2.82.  Section 32.044(d), Human Resources Code, is
amended to read as follows:
       (d)  The department with the assistance of the Health and
Human Services Commission and the comptroller [General Services
Commission] shall adopt rules under this section that allow the
public or private hospital to make purchases through group
purchasing programs except when the department has reason to
believe that a better value is available through another
procurement method.
       SECTION 2.83.  Section 111.0553(a), Human Resources Code, is
amended to read as follows:
       (a)  The commission shall develop and, following review and
approval by the board, implement agency-wide procurement
procedures to:
             (1)  ensure compliance with the best-value purchasing
requirements of Section 2155.144(c), Government Code;
             (2)  document that a best-value review of vendors has
occurred;
             (3)  document the reasons for selecting a vendor;
             (4)  negotiate price discounts with high-volume
vendors;
             (5)  consolidate purchases with other agencies,
including the Texas Department of Health and the comptroller
[General Services Commission], to achieve best value; and
             (6)  provide effective public notification to
potential vendors of planned commission purchases.
       SECTION 2.84.  Chapter 122, Human Resources Code, is amended
by adding Section 122.0011 to read as follows:
       Sec. 122.0011.  TRANSFER OF DUTIES; REFERENCE. (a)  The
powers and duties of the commission under this chapter are
transferred to the comptroller.
       (b)  In this chapter, a reference to the commission means the
comptroller.
       SECTION 2.85.  Article 21A.0135(a), Insurance Code, is
amended to read as follows:
       (a)  The receiver shall use a competitive bidding process in
the selection of any special deputies appointed under Section
21A.102 or 21A.154. The process must include procedures to promote
the participation of historically underutilized businesses that
have been certified by the comptroller [Texas Building and
Procurement Commission] under Section 2161.061, Government Code.
       SECTION 2.86.  Sections 201.007(b), (c), (f), and (g), Local
Government Code, are amended to read as follows:
       (b)  After the settlement of the outstanding indebtedness of
an abolished municipality and the satisfaction of the other
applicable requirements of Chapter 62, Local Government Code, the
municipality's governing body at the time the municipality is
abolished, or the receiver or trustees if appointed by a court,
shall transfer the records of the municipality to the custody of the
comptroller [General Services Commission]. A record of an abolished
municipality may not be sold to satisfy an outstanding
indebtedness.
       (c)  After the settlement of the outstanding indebtedness of
an abolished special-purpose district or authority, other than a
school district, and the satisfaction of the other applicable
requirements of state law establishing or permitting the
establishment of the district or authority or governing its
abolition, the district's governing body at the time the district
is abolished shall transfer the records of the district to the
custody of the comptroller [General Services Commission].  A record
of an abolished special-purpose district or authority may not be
sold to satisfy an outstanding indebtedness.
       (f)  The cost of the transfer of records to the comptroller
[General Services Commission] under this section shall be paid for
out of the funds of the abolished local government. If funds of the
local government are not available for this purpose, the cost of the
transfer shall be paid out of the funds of the comptroller [General
Services Commission].
       (g)  The records retention schedules issued by the
commission shall be used, as far as practicable, as the basis for
the retention and disposition of local government records
transferred to the custody of the comptroller [General Services
Commission] under this section.
       SECTION 2.87.  Section 252.0215, Local Government Code, is
amended to read as follows:
       Sec. 252.0215.  COMPETITIVE BIDDING IN RELATION TO
HISTORICALLY UNDERUTILIZED BUSINESS.  A municipality, in making an
expenditure of more than $3,000 but less than $25,000, shall
contact at least two historically underutilized businesses on a
rotating basis, based on information provided by the comptroller
[General Services Commission] pursuant to Chapter 2161, Government
Code. If the list fails to identify a historically underutilized
business in the county in which the municipality is situated, the
municipality is exempt from this section.
       SECTION 2.88.  The heading to Section 262.002, Local
Government Code, is amended to read as follows:
       Sec. 262.002.  AUTHORITY TO PURCHASE ROAD EQUIPMENT AND
TIRES THROUGH COMPTROLLER [STATE PURCHASING AND GENERAL SERVICES
COMMISSION].
       SECTION 2.89.  Section 262.002(a), Local Government Code, is
amended to read as follows:
       (a)  The commissioners court of a county may purchase through
the comptroller [State Purchasing and General Services Commission]
road machinery and equipment, tires, and tubes to be used by the
county.
       SECTION 2.90.  Section 271.082, Local Government Code, is
amended to read as follows:
       Sec. 271.082.  PURCHASING PROGRAM.  (a)  The comptroller
[State Purchasing and General Services Commission] shall establish
a program by which the comptroller [commission] performs purchasing
services for local governments. The services must include:
             (1)  the extension of state contract prices to
participating local governments when the comptroller [commission]
considers it feasible;
             (2)  solicitation of bids on items desired by local
governments if the solicitation is considered feasible by the
comptroller [commission] and is desired by the local government;
and
             (3)  provision of information and technical assistance
to local governments about the purchasing program.
       (b)  The comptroller [commission] may charge a participating
local government an amount not to exceed the actual costs incurred
by the comptroller [commission] in providing purchasing services to
the local government under the program.
       (c)  The comptroller [commission] may adopt rules and
procedures necessary to administer the purchasing program.
       SECTION 2.91.  Section 113.283(a), Natural Resources Code,
is amended to read as follows:
       (a)  The council is composed of the following individuals:
             (1)  the commissioner of the General Land Office;
             (2)  the members of the Railroad Commission of Texas;
             (3)  the comptroller [chairman of the General Services
Commission]; and
             (4)  the chairman of the Texas Natural Resource
Conservation Commission.
       SECTION 2.92.  Section 161.020, Natural Resources Code, is
amended to read as follows:
       Sec. 161.020.  PURCHASE OF SUPPLIES.  The board may purchase
at state expense through the comptroller [board of control]
supplies, including stationery, stamps, printing, record books,
and other things that may be needed to carry on the board's
functions as a state agency in performing the duties imposed by this
chapter.
       SECTION 2.93.  Section 12.008(c), Parks and Wildlife Code,
is amended to read as follows:
       (c)  The comptroller [State Purchasing and General Services
Commission] shall execute any sale of products under this section
under the general law governing the sale of state property;
however, the department shall determine the quantity of products to
be offered for sale and the consideration in lieu of money to be
received under the sale.  The department may lease grazing or
farming rights under this section. In leasing the rights, the
department must follow a competitive bidding procedure.
       SECTION 2.94.  Section 81.404(b), Parks and Wildlife Code,
is amended to read as follows:
       (b)  Contracts for the removal of fur-bearing animals and
reptiles shall be entered into under the direction of the
comptroller [State Purchasing and General Services Commission] in
the manner provided by general law for the sale of state property,
except that the department shall determine the means, methods, and
quantities of fur-bearing animals and reptiles to be taken, and the
department may accept or reject any bid received by the comptroller
[State Purchasing and General Services Commission].
       SECTION 2.95.  Section 111.0035(f), Tax Code, is amended to
read as follows:
       (f)  Except as provided by Subsection (g), the comptroller
shall award a contract made under this section through a
competitive bidding process that complies with Section 2155.132,
Government Code[, and the rules adopted by the General Services
Commission relating to delegated purchases]. If the comptroller
receives not more than three bids through the competitive bidding
process, the comptroller shall report the number of bidders to the
Legislative Budget Board before awarding the contract.
       SECTION 2.96.  Section 111.0036(f), Tax Code, is amended to
read as follows:
       (f)  Except as provided by Subsection (g), the comptroller
shall award a contract made under this section through a
competitive bidding process that complies with Section 2155.132,
Government Code[, and the rules adopted by the General Services
Commission relating to delegated purchases]. If the comptroller
receives not more than three bids through the competitive bidding
process, the comptroller shall report the number of bidders to the
Legislative Budget Board before awarding the contract.
       SECTION 2.97.  Section 201.706, Transportation Code, is
amended to read as follows:
       Sec. 201.706.  LOCAL GOVERNMENT ASSISTANCE.  From
appropriated funds, the department shall assist counties with
materials to repair and maintain county roads. The department
shall:
             (1)  provide that the total annual value of assistance
under this section is:
                   (A)  at least $12 million per year for fiscal
years 1998 and 1999; and
                   (B)  at least $6 million per year for a fiscal year
other than 1998 or 1999;
             (2)  make maximum usage of surplus materials on hand;
             (3)  develop rules and procedures to implement this
section and to provide for the distribution of the assistance with
preference given to counties with an above average number of
overweight trucks receiving weight tolerance permits based on the
previous year's permit totals; and
             (4)  undertake cooperative and joint procurement of
road materials with counties under [General Services Commission]
procedures of the comptroller.
       SECTION 2.98.  Section 202.082(b), Transportation Code, is
amended to read as follows:
       (b)  Disposal of reclaimed asphalt pavement under this
section is not subject to:
             (1)  Chapter 2175, Government Code; or
             (2)  the statutory or regulatory authority of the
comptroller formerly exercised by the General Services Commission.
       SECTION 2.99.  Section 223.041(b), Transportation Code, is
amended to read as follows:
       (b)  The department, in setting a minimum level of
expenditures in these engineering-related activities that will be
paid to the private sector providers, shall provide that the
expenditure level for a state fiscal year in all strategies paid to
private sector providers for all department engineering-related
services for transportation projects is not less than 35 percent of
the total funds appropriated in Strategy A.1.1. Plan/Design/Manage
and Strategy A.1.2. of the General Appropriations Act for that
state fiscal biennium. The department shall attempt to make
expenditures for engineering-related services with private sector
providers under this subsection with historically underutilized
businesses, as defined by Section 2161.001, Government Code, in an
amount consistent with the applicable provisions of the Government
Code, any applicable state disparity study, and in accordance with
the good-faith-effort procedures outlined in the rules adopted by
the comptroller [Texas Building and Procurement Commission].
       SECTION 2.100.  Section 502.052(c), Transportation Code, is
amended to read as follows:
       (c)  To promote highway safety, each license plate shall be
made with a reflectorized material that provides effective and
dependable brightness for the period for which the plate is issued.
The purchase of reflectorized material shall be submitted to the
comptroller [General Services Commission] for approval.
       SECTION 2.101.  Section 502.053(b), Transportation Code, is
amended to read as follows:
       (b)  When manufacturing is started, the Texas Department of
Criminal Justice, the Texas Department of Transportation, and the
comptroller [Texas Building and Procurement Commission], after
negotiation, shall set the price to be paid for each license plate
or insignia. The price must be determined from:
             (1)  the cost of metal, paint, and other materials
purchased;
             (2)  the inmate maintenance cost per day;
             (3)  overhead expenses;
             (4)  miscellaneous charges; and
             (5)  a previously approved amount of profit for the
work.
       SECTION 2.102.  Section 14.058, Utilities Code, is amended
to read as follows:
       Sec. 14.058.  FEES FOR ELECTRONIC ACCESS TO INFORMATION.  
The fees charged by the commission for electronic access to
information that is stored in the system established by the
commission using funds from the Texas Public Finance Authority and
approved by the Department of Information Resources shall be
established:
             (1)  by the commission in consultation with the
comptroller [General Services Commission]; and
             (2)  in an amount reasonable and necessary to retire
the debt to the Texas Public Finance Authority associated with
establishing the electronic access system.
       SECTION 2.103.  Section 222.004(v), Water Code, is amended
to read as follows:
       (v)  The authority may enter into contracts with this state
through the comptroller [Texas Building and Procurement
Commission] providing for direct sale by the authority of
electrical power to this state for use in buildings or other
facilities owned, leased, or rented by this state in Travis County.
       SECTION 2.104.  The following provisions of the Government
Code are repealed:
             (1)  Section 403.241(1);
             (2)  Section 551.0726;
             (3)  Section 663.002;
             (4)  Section 2103.063;
             (5)  Section 2155.326;
             (6)  Section 2161.002(b); and
             (7)  Section 2175.182(c).
ARTICLE 3. TRANSFER OF DUTIES TO THE GENERAL LAND OFFICE
       SECTION 3.01.  Subchapter A, Chapter 2165, Government Code,
is amended by adding Section 2165.0011 to read as follows:
       Sec. 2165.0011.  TRANSFER OF DUTIES; REFERENCE. (a)  The
powers and duties of the commission under this chapter are
transferred to the General Land Office.
       (b)  In this chapter, a reference to the commission means the
General Land Office. However, a reference authorizing or requiring
the commission to adopt rules or a reference to the governing body
or presiding officer of the governing body of the commission is a
reference to the land commissioner.
       SECTION 3.02.  Subchapter A, Chapter 2166, Government Code,
is amended by adding Section 2166.0011 to read as follows:
       Sec. 2166.0011.  TRANSFER OF DUTIES; REFERENCE. (a)  The
powers and duties of the commission under this chapter are
transferred to the General Land Office.
       (b)  In this chapter, a reference to the commission means the
General Land Office. However, a reference authorizing or requiring
the commission to adopt rules or a reference to the governing body
or presiding officer of the governing body of the commission is a
reference to the land commissioner.
       SECTION 3.03.  Subchapter A, Chapter 2167, Government Code,
is amended by adding Section 2167.0011 to read as follows:
       Sec. 2167.0011.  TRANSFER OF DUTIES; REFERENCE. (a)  The
powers and duties of the commission under this chapter are
transferred to the General Land Office.
       (b)  In this chapter, a reference to the commission means the
General Land Office. However, a reference authorizing or requiring
the commission to adopt rules or a reference to the governing body
or presiding officer of the governing body of the commission is a
reference to the land commissioner.
       SECTION 3.04.  Section 411.064, Government Code, is amended
to read as follows:
       Sec. 411.064.  ASSISTANCE OF TEXAS DEPARTMENT OF
TRANSPORTATION OR GENERAL LAND OFFICE [SERVICES COMMISSION].  (a)  
On request of the department, the Texas Department of
Transportation and the General Land Office [Services Commission]
shall:
             (1)  assist the department in the marking and
designation of parking lots, parking garages, and parking spaces;
             (2)  maintain the painting of lines and curb markings;
and
             (3)  furnish and erect direction and information signs.
       (b)  The department may recover the cost of providing the
services described in Subsection (a) from the agency or agencies
for which the service was provided. To the extent that either the
General Land Office [Services Commission] or the Texas Department
of Transportation provides or assists in providing the services
described in Subsection (a), that agency shall be reimbursed by the
department from its funds or the funds received from another agency
under this subsection.
       SECTION 3.05.  Section 411.0645(a), Government Code, is
amended to read as follows:
       (a)  The department, the City of Austin, the Capital
Metropolitan Transportation Authority, the General Land Office
[Services Commission], the State Preservation Board, and The
University of Texas at Austin shall each designate a representative
to a committee established for the purpose of coordinating
transportation in and adjacent to the Capitol Complex. The
representative of the department shall convene the initial meeting
of the committee, and the committee shall elect officers and meet as
decided by the committee.
       SECTION 3.06.  Section 417.0081, Government Code, is amended
to read as follows:
       Sec. 417.0081.  INSPECTION OF CERTAIN STATE-OWNED
BUILDINGS.  The state fire marshal, at the commissioner's
direction, shall periodically inspect public buildings under the
charge and control of the General Land Office [Services
Commission].
       SECTION 3.07.  Section 417.0082, Government Code, is amended
to read as follows:
       Sec. 417.0082.  PROTECTION OF CERTAIN STATE-OWNED BUILDINGS
AGAINST FIRE HAZARDS.  (a)  The state fire marshal, under the
direction of the commissioner, shall take any action necessary to
protect a public building under the charge and control of the
General Land Office [Services Commission], and the building's
occupants, against an existing or threatened fire hazard.
       (b)  The commissioner and the land commissioner [General
Services Commission] shall make and each adopt by rule a memorandum
of understanding that coordinates the agency's duties under this
section.
       SECTION 3.08.  Section 442.005(d), Government Code, is
amended to read as follows:
       (d)  The commission shall compile and furnish to the General
Land Office [State Purchasing and General Services Commission] a
list of the names and addresses of individuals and organizations
that are interested in the preservation of historic structures.
The list shall be updated at least once each year.
       SECTION 3.09.  Section 442.0071(e), Government Code, is
amended to read as follows:
       (e)  The General Land Office [State Purchasing and General
Services Commission] and the office of the governor may exercise
the powers and shall perform the duties relating to the Governor's
Mansion that are provided by applicable law, subject to the
requirements of this section.
       SECTION 3.10.  Sections 469.106(b) and (d), Government Code,
are amended to read as follows:
       (b)  The department and the General Land Office [Texas
Building and Procurement Commission] shall ensure compliance with
the standards and specifications described by Subsection (a) for a
building or facility described by Subsection (a) and leased for an
annual amount of more than $12,000 or built by or for the state.
       (d)  If an inspection under Subsection (c) determines that a
building or facility does not comply with all applicable standards
and specifications, the leasing agency or the General Land Office
[Texas Building and Procurement Commission], as applicable, shall
cancel the lease unless the lessor brings the building or facility
into compliance not later than:
             (1)  the 60th day after the date the person performing
the inspection delivers the results of the inspection to the lessor
or the lessor's agent; or
             (2)  a later date established by the commission if
circumstances justify a later date.
       SECTION 3.11.  Section 663.104, Government Code, is amended
to read as follows:
       Sec. 663.104.  ESTABLISHMENT OF CHILD CARE FACILITIES.  To
establish a child care facility, the General Land Office in
consultation with the comptroller [commission] shall:
             (1)  acquire necessary real and personal property,
including mobile and prefabricated buildings; or
             (2)  build, renovate, repair, or equip a building,
including constructing or placing a new building on real property
the state owns.
       SECTION 3.12.  Section 663.111(b), Government Code, is
amended to read as follows:
       (b)  After a site has been selected, the General Land Office
[commission] shall give priority to implementing the plan to
prepare the child care facility over other building construction,
repairs, or renovations.
       SECTION 3.13.  Subchapter A, Chapter 1232, Government Code,
is amended by adding Section 1232.0011 to read as follows:
       Sec. 1232.0011.  TRANSFER OF DUTIES; REFERENCE. (a)  The
powers and duties of the commission under this chapter are
transferred to the General Land Office.
       (b)  In this chapter, a reference to the commission means the
General Land Office.
       SECTION 3.14.  Section 21.003(f), Human Resources Code, is
amended to read as follows:
       (f)  The board's office is in Austin in a building designated
by the General Land Office [State Purchasing and General Services
Commission].
       SECTION 3.15.  Section 61.016, Human Resources Code, is
amended to read as follows:
       Sec. 61.016.  OFFICE.  The commission shall have its office
wherever it chooses, in a building designated and approved by the
General Land Office [State Purchasing and General Services
Commission].
       SECTION 3.16.  Section 94.002(b), Human Resources Code, is
amended to read as follows:
       (b)  Subsection (a) of this section does not apply to a
building in which the General Land Office [State Purchasing and
General Services Commission] leases space to a private tenant under
Subchapter E, Chapter 2165, Government Code.
       SECTION 3.17.  Section 2166.056(d), Government Code, is
repealed.
ARTICLE 4. DEPARTMENT OF INFORMATION RESOURCES
       SECTION 4.01.  Section 35.102(c), Business & Commerce Code,
is amended to read as follows:
       (c)  This section does not apply to the Department of
Information Resources [General Services Commission], in its
capacity as the telecommunications provider for the state, and an
institution of higher education, as that term is defined by Section
61.003, Education Code, that provides interactive computer
service.
       SECTION 4.02.  Section 44.031(i), Education Code, is amended
to read as follows:
       (i)  A school district may acquire computers and
computer-related equipment, including computer software, through
the Department of Information Resources [General Services
Commission] under contracts entered into in accordance with Chapter
2054 or 2157, Government Code. Before issuing an invitation for
bids, the department [commission] shall consult with the agency
concerning the computer and computer-related equipment needs of
school districts. To the extent possible the resulting contract
shall provide for such needs.
       SECTION 4.03.  Section 2054.123(a), Government Code, is
amended to read as follows:
       (a)  The department, in consultation with the [Texas
Building and Procurement Commission, the] state auditor[,] and the
comptroller, shall create an interagency panel of representatives
appointed by those agencies and officers to coordinate and maintain
a training program to assist state agencies in performing software
audits, managing software, and purchasing software and software
licenses. Each state agency shall cooperate with the panel in the
evaluation of the agency's needs for software management and shall
donate agency resources to the evaluation of the agency as the panel
requires.
       SECTION 4.04.  Section 2054.201, Government Code, is amended
to read as follows:
       Sec. 2054.201.  COMPOSITION; TERMS.  (a)  The
telecommunications planning and oversight council is composed of:
             (1)  a representative of the comptroller's office,
appointed by the comptroller;
             (2)  the executive director of the Telecommunications
Infrastructure Fund Board;
             (3)  a representative of the department [Texas Building
and Procurement Commission], appointed by the executive director of
the department [commission];
             (4)  a member representing the interests of state
agencies with 1,000 employees or more, appointed by the lieutenant
governor;
             (5)  a member representing the interests of state
agencies with fewer than 1,000 employees, appointed by the speaker
of the house of representatives;
             (6)  a member representing the interests of
institutions of higher education, appointed by the commissioner of
higher education;
             (7)  a member representing the interests of The
University of Texas System, appointed by the chancellor;
             (8)  a member representing the interests of The Texas
A&M University System, appointed by the chancellor;
             (9)  a member representing the interests of public
school districts that are customers of the consolidated
telecommunications system, appointed by the governor;
             (10)  a member representing the interests of local
governments that are customers of the consolidated
telecommunications system, appointed by the governor;
             (11)  two public members with telecommunications
expertise, appointed by the governor; and
             (12)  a representative of the Health and Human Services
Commission, appointed by the commissioner of health and human
services.
       (b)  Appointed members of the telecommunications planning
and oversight council serve staggered two-year terms, with the
terms of four or five members expiring August 31 each year, except
that:
             (1)  the representative of the comptroller's office
serves at the discretion of the comptroller;
             (2)  the representative of the department [Texas
Building and Procurement Commission] serves at the discretion of
the executive director of the department [commission]; and
             (3)  the representative of the Health and Human
Services Commission serves at the discretion of the commissioner of
health and human services.
       SECTION 4.05.  Sections 2054.304(b) and (c), Government
Code, are amended to read as follows:
       (b)  Except as provided by Subsection (c), the state agency
must file the project plan with the quality assurance team and the
department [Texas Building and Procurement Commission] before the
agency:
             (1)  spends more than 10 percent of allocated funds for
the project; or
             (2)  first issues a vendor solicitation for the
project.
       (c)  Unless the project plan has been filed under this
section:
             (1)  [the Texas Building and Procurement Commission may
not issue] a vendor solicitation may not be issued for the project;
and
             (2)  the agency may not post a vendor solicitation for
the project in the state business daily under Section 2155.083.
       SECTION 4.06.  Section 771.031(b), Health and Safety Code,
is amended to read as follows:
       (b)  The following individuals serve as nonvoting ex officio
members:
             (1)  the executive director of the Public Utility
Commission of Texas, or an individual designated by the executive
director;
             (2)  the executive director of the Department of
Information Resources [General Services Commission], or an
individual designated by the executive director; and
             (3)  the commissioner of public health, or an
individual who has responsibility for the poison control network
designated by the commissioner.
       SECTION 4.07.  Section 771.0711(e), Health and Safety Code,
is amended to read as follows:
       (e)  A member of the commission, the governing body of a
public agency, or the Department of Information Resources [General
Services Commission] is not liable for any claim, damage, or loss
arising from the provision of wireless 9-1-1 service unless the act
or omission causing the claim, damage, or loss violates a statute or
ordinance applicable to the action.
       SECTION 4.08.  Section 55.203(f), Utilities Code, is amended
to read as follows:
       (f)  The Department of Information Resources [General
Services Commission] shall cooperate with the commission and with
publishers to ensure that the subject matter listing of programs
and telephone numbers in the telephone directories are consistent
with the categorization developed by the Records Management
Interagency Coordinating Council under Section 441.203(j),
Government Code.
ARTICLE 5. CONFORMING AMENDMENTS; MISCELLANEOUS
       SECTION 5.01.  Section 201.002(b), Transportation Code, is
amended to read as follows:
       (b)  The comptroller [General Services Commission] shall
contract for equipment and supplies, including seals and number
plates, required by law in the administration of the registration
of vehicles and in the operation of the department.
       SECTION 5.02.  Section 403.023(b), Government Code, is
amended to read as follows:
       (b)  The comptroller may adopt rules relating to the use of
credit or charge cards by state agencies to pay for purchases. The
rules may:
             (1)  authorize a state agency to use credit or charge
cards if the comptroller determines the best interests of the state
would be promoted;
             (2)  authorize a state agency to use credit or charge
cards to pay for purchases without providing the same authorization
to other state agencies; and
             (3)  authorize a state agency to use credit or charge
cards to pay for purchases that otherwise may be paid out of the
agency's petty cash accounts under Subchapter K[; and
             [(4)  authorize the General Services Commission to
contract with one or more credit or charge card issuers on behalf of
state agencies].
       SECTION 5.03.  Section 441.203(a), Government Code, is
amended to read as follows:
       (a)  The Records Management Interagency Coordinating Council
is composed of:
             (1)  permanent members, consisting of the following
officers or the officer's designee:
                   (A)  the secretary of state;
                   (B)  the state auditor, who serves as a nonvoting
member;
                   (C)  the comptroller of public accounts;
                   (D)  the attorney general;
                   (E)  the director and librarian; and
                   (F)  [the executive director of the Texas Building
and Procurement Commission; and
                   [(G)]  the executive director of the Department of
Information Resources; and
             (2)  auxiliary voting members, consisting of:
                   (A)  one faculty member of a public senior college
or university, as defined by Section 61.003, Education Code, who
has demonstrated knowledge of records and information management;
and
                   (B)  two individuals who serve as information
resources managers, under Section 2054.071, for state agencies in
the executive branch of government.
       SECTION 5.04.  Section 552.009(a), Government Code, as
amended by Chapters 329 and 716, Acts of the 79th Legislature,
Regular Session, 2005, is reenacted to read as follows:
       (a)  The open records steering committee is composed of two
representatives of the attorney general's office and:
             (1)  a representative of each of the following,
appointed by its governing entity:
                   (A)  the comptroller's office;
                   (B)  the Department of Public Safety;
                   (C)  the Department of Information Resources; and
                   (D)  the Texas State Library and Archives
Commission;
             (2)  five public members, appointed by the attorney
general; and
             (3)  a representative of each of the following types of
local governments, appointed by the attorney general:
                   (A)  a municipality;
                   (B)  a county; and
                   (C)  a school district.
       SECTION 5.05.  Section 572.003(c), Government Code, is
amended to read as follows:
       (c)  The term means a member of:
             (1)  the Public Utility Commission of Texas;
             (2)  the Texas Department of Economic Development;
             (3)  the Texas Commission on Environmental Quality;
             (4)  the Texas Alcoholic Beverage Commission;
             (5)  The Finance Commission of Texas;
             (6)  [the Texas Building and Procurement Commission;
             [(7)]  the Texas Board of Criminal Justice;
             (7) [(8)]  the board of trustees of the Employees
Retirement System of Texas;
             (8) [(9)]  the Texas Transportation Commission;
             (9) [(10)]  the Texas Workers' Compensation
Commission;
             (10) [(11)]  the Texas Department of Insurance;
             (11) [(12)]  the Parks and Wildlife Commission;
             (12) [(13)]  the Public Safety Commission;
             (13) [(14)]  the Texas Ethics Commission;
             (14) [(15)]  the State Securities Board;
             (15) [(16)]  the Texas Water Development Board;
             (16) [(17)]  the governing board of a public senior
college or university as defined by Section 61.003, Education Code,
or of The University of Texas Southwestern Medical Center at
Dallas, The University of Texas Medical Branch at Galveston, The
University of Texas Health Science Center at Houston, The
University of Texas Health Science Center at San Antonio, The
University of Texas System Cancer Center, The University of Texas
Health Science Center at Tyler, University of North Texas Health
Science Center at Fort Worth, Texas Tech University Health Sciences
Center, Texas State Technical College--Harlingen, Texas State
Technical College--Marshall, Texas State Technical
College--Sweetwater, or Texas State Technical College--Waco;
             (17) [(18)]  the Texas Higher Education Coordinating
Board;
             (18) [(19)]  the Texas Workforce Commission;
             (19) [(20)]  the State Banking Board;
             (20) [(21)]  the board of trustees of the Teacher
Retirement System of Texas;
             (21) [(22)]  the Credit Union Commission;
             (22) [(23)]  the School Land Board;
             (23) [(24)]  the board of the Texas Department of
Housing and Community Affairs;
             (24) [(25)]  the Texas Racing Commission;
             (25) [(26)]  the State Board of Dental Examiners;
             (26) [(27)]  the Texas State Board of Medical
Examiners;
             (27) [(28)]  the Board of Pardons and Paroles;
             (28) [(29)]  the Texas State Board of Pharmacy;
             (29) [(30)]  the Department of Information Resources
governing board;
             (30) [(31)]  the Motor Vehicle Board;
             (31) [(32)]  the Texas Real Estate Commission;
             (32) [(33)]  the board of directors of the State Bar of
Texas;
             (33) [(34)]  the bond review board;
             (34) [(35)]  the Texas Board of Health;
             (35) [(36)]  the Texas Board of Mental Health and
Mental Retardation;
             (36) [(37)]  the Texas Board on Aging;
             (37) [(38)]  the Texas Board of Human Services;
             (38) [(39)]  the Texas Funeral Service Commission;
             (39) [(40)]  the board of directors of a river
authority created under the Texas Constitution or a statute of this
state; or
             (40) [(41)]  the Texas Lottery Commission.
       SECTION 5.06.  Section 659.301(5), Government Code, is
amended to read as follows:
             (5)  "State employee" means an individual who:
                   (A)  is a commissioned law enforcement officer of
the Department of Public Safety, [the General Services Commission,]
the Texas Alcoholic Beverage Commission, or the institutional
division of the Texas Department of Criminal Justice;
                   (B)  is a commissioned security officer of the
comptroller;
                   (C)  is a law enforcement officer commissioned by
the Parks and Wildlife Commission;
                   (D)  is a commissioned peace officer of an
institution of higher education;
                   (E)  is an employee or official of the Board of
Pardons and Paroles or the pardons and paroles division of the Texas
Department of Criminal Justice if the employee or official has
routine direct contact with inmates of any penal or correctional
institution or with administratively released prisoners subject to
the board's jurisdiction;
                   (F)  has been certified to the Employees
Retirement System of Texas under Section 815.505 as having begun
employment as a law enforcement officer or custodial officer,
unless the individual has been certified to the system as having
ceased employment as a law enforcement officer or custodial
officer; or
                   (G)  before May 29, 1987, received hazardous duty
pay based on the terms of any state law if the individual holds a
position designated under that law as eligible for the pay.
       SECTION 5.07.  Section 2101.0115(c), Government Code, is
amended to read as follows:
       (c)  A state agency's annual report must include:
             (1)  the name and job title of each bonded agency
employee, the amount of the bond, and the name of the surety company
that issued the bond;
             (2)  an analysis of space occupied by the agency,
including:
                   (A)  the total amount of space rented by the
agency, expressed in square feet;
                   (B)  the total amount of space occupied by the
agency in state-owned buildings, expressed in square feet;
                   (C)  the name and address of each building in
which the agency occupies space and the amount of square feet in
each building devoted to each particular use;
                   (D)  the cost per square foot of all rented space;
                   (E)  the annual and monthly cost of all rented
space;
                   (F)  the name of each lessor of space rented by the
agency;
                   (G)  a description of the agency's progress toward
achieving the objective provided by Section 2165.104, if the agency
is subject to that section; and
                   (H)  any other information helpful to describe the
agency's use of space;
             (3)  an itemization of all fees paid by the agency for
professional or consulting services provided under Subchapter A or
B, Chapter 2254, including the name of each person receiving those
fees and the reason for the provision of the services;
             (4)  an itemization of all fees paid by the agency for
legal services, other than legal services provided by an agency
employee or the attorney general, including the name of each person
receiving those fees and the reason for the provision of the
services;
             (5)  a copy of the form prepared by the agency under
Section 2205.041, relating to the agency's use and cost of
operating aircraft that are state-owned or under rental or
long-term lease;
             (6)  an itemization of any purchases made under Section
2155.067, including each product purchased, the amount of the
purchase, and the name of the vendor;
             (7)  for each fiscal year ending in an even-numbered
calendar year:
                   (A)  a copy of the master file report verification
form certified by the General Land Office, if applicable to the
agency, to confirm that the agency is in compliance with Subchapter
E, Chapter 31, Natural Resources Code; or
                   (B)  if the agency's inventory record is
inaccurate or incomplete, a statement that the agency will submit
the appropriate forms to the General Land Office not later than the
15th day after the date the agency submits its annual report;
             (8)  a copy of the report prepared by the agency under
Section 2161.124, relating to the agency's use of historically
underutilized businesses;
             (9)  a report of each transfer of appropriated money
between appropriation items that shows the sum of all transfers
affecting each item;
             (10)  an itemization of each passenger vehicle the
agency purchased, including the make, model, purchase price,
assigned type of use, and fuel efficiency as expressed by the
manufacturer's fuel efficiency rating;
             (11)  a schedule, applicable to state agencies
determined by the Legislative Budget Board, detailing total
expenditures by or on behalf of the agency for:
                   (A)  employee benefits, including social
security, health insurance, retirement contributions, benefit
replacement pay, and workers' and unemployment compensation
payments;
                   (B)  bond debt service; and
                   (C)  payments for general governmental services
as defined by the comptroller, including services of the
comptroller, the attorney general, the General Land Office,
[Services Commission,] the Department of Information Resources,
and the state auditor;
             (12)  for an institution of higher education, the total
amount of lump-sum vacation and compensatory leave payments made to
employees who separated from state service during the fiscal year;
             (13)  the name and job title of each state officer or
employee authorized to use a state-owned or state-leased vehicle
and the reasons for the authorization, in accordance with Section
2113.013; and
             (14)  a report of expenditures made for each commodity
or service identified under Section 2155.448, including:
                   (A)  the total amount spent on those commodities
and services;
                   (B)  the total amount spent for commodities and
services purchased that accomplish the same purpose; and
                   (C)  the total amount spent for all other
recycled, remanufactured, or environmentally sensitive commodities
or services, itemized by type of commodity or service.
       SECTION 5.08.  Section 2155.203, Government Code, is amended
to read as follows:
       Sec. 2155.203.  PURCHASES BY LEGISLATURE AND LEGISLATIVE
AGENCIES.  A house of the legislature, or an agency, council, or
committee of the legislature, including the Legislative Budget
Board, the Texas Legislative Council, the state auditor's office,
and the Legislative Reference Library, may use the commission's
purchasing services or the purchasing services of another state
agency for purchasing goods and services, including items covered
by Section 21, Article XVI, Texas Constitution.  Use of the
purchasing services of the commission or other state agency does
not subject a legislative branch entity to a rule or statute or to a
provision of a term contract, multiple award contract, or other
contract that would otherwise require the entity to:
             (1)  sign an interagency agreement that would require
the entity to disclose to a state agency the items purchased or the
use of the items purchased; or
             (2)  allow a vendor to disclose the items purchased,
the use of the items purchased, or the value of the purchase.
       SECTION 5.09.  Section 2203.001(b), Government Code, is
amended to read as follows:
       (b)  The report must be made daily on a form prescribed by the
comptroller [General Services Commission].
       SECTION 5.10.  Section 2254.024(b), Government Code, is
amended to read as follows:
       (b)  If the governor and [,] comptroller[, and General
Services Commission] consider it more advantageous to the state to
procure a particular consulting service under the procedures of
Chapters 2155-2158, instead of under this subchapter, they may make
a memorandum of understanding to that effect and each adopt the
memorandum by rule. Procurement of a consulting service described
in a memorandum of understanding under this subsection is subject
only to Chapters 2155-2158.
       SECTION 5.11.  Section 2254.039(b), Government Code, is
amended to read as follows:
       (b)  The comptroller shall give proposed rules to the
governor [and the General Services Commission] for review and
comment before adopting the rules.
       SECTION 5.12.  Section 195.008(b), Local Government Code, is
amended to read as follows:
       (b)  The committee consists of:
             (1)  the following persons appointed by the director
and librarian:
                   (A)  one person who is employed by or is an officer
of a title insurance agent or title insurance company;
                   (B)  an officer or employee of a federal
government-sponsored entity;
                   (C)  a person who as a usual business practice
obtains copies of recorded instruments from a county clerk to
maintain an abstract or title plant; and
                   (D)  a public representative;
             (2)  two persons who are county judges or county
commissioners appointed by the County Judges and Commissioners
Association of Texas;
             (3)  four county clerks appointed by the County and
District Clerks' Association of Texas;
             (4)  three persons who are employed by or officers of
different title insurance agents or companies appointed by the
Texas Land Title Association;
             (5)  the presiding officer of the Title Insurance
Subcommittee of the Real Estate, Probate, and Trust Law section of
the State Bar of Texas or the functional equivalent of that
subcommittee;
             (6)  the attorney general or a person designated by the
attorney general;
             (7)  the comptroller or a person designated by the
comptroller;
             (8)  [the executive director of the General Services
Commission or a person designated by the executive director;
             [(9)]  the executive director of the Department of
Information Resources or a person designated by the executive
director; and
             (9) [(10)]  the director and librarian or a person
designated by the director and librarian, who also serves as
presiding officer of the committee.
       SECTION 5.13.  Sections 31.157(b) and (c), Natural Resources
Code, are amended to read as follows:
       (b)  [The draft report shall be submitted to the Texas
Building and Procurement Commission, which shall further evaluate
the potential use of the real property by another state agency.] The
land office shall submit a draft report to each agency that owns or
holds in trust property that is the subject of the draft report.
[The Texas Building and Procurement Commission may make additional
recommendations regarding the use of the real property.] The state
agency that owns or controls real property named in the report may
comment on any findings or recommendations made by the
commissioner. Any [The Texas Building and Procurement Commission
and any] state agency that owns or controls real property named in
the report shall complete a review of the draft report within 60
days of the receipt of the report and forward all recommendations
and comments to the commissioner.
       (c)  The commissioner shall prepare and issue a final
evaluation report that incorporates any recommendations [of the
Texas Building and Procurement Commission] regarding the potential
use of the real property by another state agency and any comments
from any state agency that owns or controls property named in the
report.
ARTICLE 6.  EFFECTIVE DATE
       SECTION 6.01.  This Act takes effect September 1, 2007.