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A BILL TO BE ENTITLED
|
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AN ACT
|
|
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relating to the continuation and functions of the Department of |
|
Information Resources and the transfer of certain department |
|
functions to the comptroller of public accounts. |
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 572.054, Government Code, is amended by |
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adding Subsection (g-1) to read as follows: |
|
(g-1) For purposes of this section, the Department of |
|
Information Resources is a regulatory agency. |
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SECTION 2. Section 2054.005, Government Code, is amended to |
|
read as follows: |
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Sec. 2054.005. SUNSET PROVISION. The Department of |
|
Information Resources is subject to Chapter 325 (Texas Sunset Act). |
|
Unless continued in existence as provided by that chapter, the |
|
department is abolished and this chapter expires September 1, 2017 |
|
[2011]. |
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SECTION 3. Sections 2054.021(a), (c), (g), and (h), |
|
Government Code, are amended to read as follows: |
|
(a) The department is governed by a board composed of seven |
|
voting members appointed by the governor with the advice and |
|
consent of the senate. One member must be employed by an |
|
institution of higher education as defined by Section 61.003, |
|
Education Code. Each member must have expertise in at least one of |
|
the following areas: |
|
(1) business or financial management; |
|
(2) information technology; |
|
(3) telecommunications; or |
|
(4) any other area necessary for policymaking and |
|
oversight of the department. |
|
(c) Three [Two] groups each composed of three ex officio |
|
members serve on the board on a rotating basis. The ex officio |
|
members serve as nonvoting members of the board. [Only one group
|
|
serves at a time.] The first group is composed of the commissioner |
|
of insurance, the executive commissioner of the Health and Human |
|
Services Commission, and the executive director of a small state |
|
agency [the Texas Department of Transportation]. [Members of the
|
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first group serve for two-year terms that begin February 1 of every
|
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other odd-numbered year and that expire on February 1 of the next
|
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odd-numbered year.] The second group is composed of the executive |
|
director of the Texas Department of Transportation, the |
|
commissioner of education, and the executive director of a small |
|
state agency. The third group is composed of the executive director |
|
of the Texas Department of Criminal Justice, [and] the executive |
|
director of the Parks and Wildlife Department, and the executive |
|
director of a small state agency. Members of a [the second] group |
|
serve on the board for two-year terms that begin February 1 of [the] |
|
odd-numbered years [in which the terms of members of the first group
|
|
expire] and [that] expire on February 1 of the next odd-numbered |
|
year. Only one group serves at a time. The governor shall appoint |
|
the small state agency representative for each group. In this |
|
subsection, "small state agency" means a state agency with fewer |
|
than 100 employees. |
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(g) The training program must provide information to the |
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person regarding: |
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(1) this chapter and the board [the enabling
|
|
legislation that created the department and its policymaking body] |
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to which the person is appointed to serve; |
|
(2) the programs operated by the department; |
|
(3) the role and functions of the department; |
|
(4) the rules of the department, with an emphasis on |
|
the rules that relate to disciplinary and investigatory authority; |
|
(5) the current budget for the department; |
|
(6) the results of the most recent formal audit of the |
|
department; |
|
(7) the requirements of the: |
|
(A) open meetings law, Chapter 551; |
|
(B) open records law, Chapter 552; and |
|
(C) administrative procedure law, Chapter 2001; |
|
(8) the requirements of the conflict of interest laws |
|
and other laws relating to public officials; [and] |
|
(9) any applicable ethics policies adopted by the |
|
department or the Texas Ethics Commission; and |
|
(10) contract management training. |
|
(h) A person appointed to the board under Subsection (a) is |
|
entitled to reimbursement for travel expenses incurred in attending |
|
the training program, as provided by the General Appropriations Act |
|
and as if the person were a member of the board. |
|
SECTION 4. Section 2054.022(c), Government Code, is amended |
|
to read as follows: |
|
(c) An employee of the department, other than the executive |
|
director,[:
|
|
[(1)
may not participate in the department's bidding
|
|
process, including the proposal development related to a contract
|
|
and the negotiation of a contract, if:
|
|
[(A)
the employee receives more than five percent
|
|
of the employee's income from any likely bidder on the contract; or
|
|
[(B)
the employee's spouse is employed by any
|
|
likely bidder on the contract; and
|
|
[(2)] may not: |
|
(1) [(A)] be a person required to register as a |
|
lobbyist under Chapter 305 because of the person's activities for |
|
compensation on behalf of a business entity that has, or on behalf |
|
of a trade association of business entities that have, a |
|
substantial interest in the information resources technologies |
|
industry; or |
|
(2) [(B)] be employed by a state agency as a |
|
consultant on information resources technologies. |
|
SECTION 5. Section 2054.0285(b), Government Code, is |
|
amended to read as follows: |
|
(b) The executive director has authority for certain [all] |
|
aspects of information technology for state agencies, including: |
|
(1) the use of technology to support state goals; |
|
(2) functional support to state agencies; |
|
(3) [technology purchases;
|
|
[(4)] deployment of new technology; |
|
(4) [(5)] delivery of technology services; and |
|
(5) [(6)] provision of leadership on technology |
|
issues. |
|
SECTION 6. Subchapter B, Chapter 2054, Government Code, is |
|
amended by adding Section 2054.0331 to read as follows: |
|
Sec. 2054.0331. CUSTOMER ADVISORY COMMITTEE. (a) The |
|
board shall appoint a customer advisory committee under Section |
|
2054.033. |
|
(b) The advisory committee is composed of customers who |
|
receive services from each of the department's key programs and of |
|
members of the public, including at least: |
|
(1) one member representing a state agency with fewer |
|
than 100 employees; |
|
(2) one member appointed by the Information Technology |
|
Council for Higher Education; and |
|
(3) one public member. |
|
(c) The advisory committee shall report to and advise the |
|
board on the status of the department's delivery of critical |
|
statewide services. |
|
SECTION 7. Subchapter B, Chapter 2054, Government Code, is |
|
amended by adding Sections 2054.0345 and 2054.0346 to read as |
|
follows: |
|
Sec. 2054.0345. DETERMINATION OF ADMINISTRATIVE FEES. (a) |
|
The department shall adopt a process to determine the amount of the |
|
administrative fee the department charges to administer any of its |
|
programs, including fees charged for programs under Sections |
|
2054.380 and 2170.057. |
|
(b) The process must require that the amount of a fee |
|
directly relate to the amount necessary for the department to |
|
recover the cost of its operations, as determined by the |
|
department's annual budget process. |
|
(c) The department shall develop clear procedures directing |
|
staff for each department program and the department's financial |
|
staff to work together to determine the amount of administrative |
|
fees. The procedures must require review and approval of all |
|
administrative fees by the board, the executive director, and the |
|
department's chief financial officer. |
|
Sec. 2054.0346. REPORTING OF ADMINISTRATIVE FEES. (a) The |
|
department shall report to the Legislative Budget Board all |
|
administrative fees that the department sets under Section |
|
2054.0345 each fiscal year. The report must include: |
|
(1) the underlying analysis and methodology used to |
|
determine the fee amounts; and |
|
(2) the cost allocation charged to customers. |
|
(b) The department shall post on the department's website |
|
information about each administrative fee the department charges, |
|
including a description of how the fee is determined. The |
|
department must update this information when a contract amendment |
|
or other action results in a major change to the costs incurred or |
|
the price paid by the department or a customer of the department. |
|
SECTION 8. Subchapter B, Chapter 2054, Government Code, is |
|
amended by adding Section 2054.037 to read as follows: |
|
Sec. 2054.037. NEGOTIATED RULEMAKING; ALTERNATIVE DISPUTE |
|
RESOLUTION. (a) The board shall develop and implement a policy to |
|
encourage the use of: |
|
(1) negotiated rulemaking procedures under Chapter |
|
2008 for the adoption of department rules; and |
|
(2) appropriate alternative dispute resolution |
|
procedures under Chapter 2009 to assist in the resolution of |
|
internal and external disputes under the department's |
|
jurisdiction. |
|
(b) The department's procedures relating to alternative |
|
dispute resolution must conform, to the extent possible, to any |
|
model guidelines issued by the State Office of Administrative |
|
Hearings for the use of alternative dispute resolution by state |
|
agencies. |
|
(c) The department shall: |
|
(1) coordinate the implementation of the policy |
|
adopted under Subsection (a); |
|
(2) provide training as needed to implement the |
|
procedures for negotiated rulemaking or alternative dispute |
|
resolution; and |
|
(3) collect data concerning the effectiveness of those |
|
procedures. |
|
SECTION 9. Subchapter B, Chapter 2054, Government Code, is |
|
amended by adding Sections 2054.038, 2054.039, and 2054.040 to read |
|
as follows: |
|
Sec. 2054.038. INTERNAL AUDITOR; POWERS AND DUTIES. (a) |
|
The board shall: |
|
(1) appoint an internal auditor who reports directly |
|
to the board and serves at the will of the board; and |
|
(2) provide staff and other resources to the internal |
|
auditor as appropriate. |
|
(b) The internal auditor shall prepare an annual audit plan |
|
using risk assessment techniques to rank high-risk functions in the |
|
department. The internal auditor shall submit the annual audit |
|
plan to the board for consideration and approval. The board may |
|
change the plan as necessary or advisable. |
|
(c) The internal auditor may bring before the board an issue |
|
outside of the annual audit plan that requires the immediate |
|
attention of the board. |
|
(d) The internal auditor may not be assigned any operational |
|
or management responsibilities that impair the ability of the |
|
internal auditor to make an independent examination of the |
|
department's operations. The internal auditor may provide guidance |
|
or other advice before an operational or management decision is |
|
made but may not make the decision, approve the decision, or |
|
otherwise violate this subsection. |
|
(e) The department shall give the internal auditor |
|
unrestricted access to the activities and records of the department |
|
unless restricted by other law. |
|
Sec. 2054.039. OPEN MEETINGS EXCEPTION FOR INTERNAL |
|
AUDITOR. A meeting between the board and the department's internal |
|
auditor to discuss issues related to fraud, waste, or abuse is not |
|
required to be an open meeting under Chapter 551. |
|
Sec. 2054.040. AUDIT SUBCOMMITTEE. (a) The board shall |
|
maintain an audit subcommittee of the board. The subcommittee |
|
shall oversee the department's internal auditor and any other audit |
|
issues that the board considers appropriate. |
|
(b) The subcommittee shall evaluate whether the internal |
|
auditor has sufficient resources to perform the auditor's duties |
|
and ensure that sufficient resources are available. |
|
SECTION 10. Subchapter B, Chapter 2054, Government Code, is |
|
amended by adding Section 2054.041 to read as follows: |
|
Sec. 2054.041. ADDITIONAL BOARD OVERSIGHT. (a) The board |
|
shall adopt a policy describing the board's role in setting a |
|
strategic direction for the department. The policy must address |
|
the board's role in developing new initiatives for and service |
|
offerings by the department, including requiring the board to |
|
evaluate and approve new initiatives for, or categories of, |
|
services offered by the department under the department's various |
|
programs. |
|
(b) The board shall regularly evaluate the extent to which |
|
the department fulfills the department's information resources |
|
technology mission by providing cost-effective services and |
|
meeting customer needs. |
|
(c) The board shall regularly evaluate department |
|
operations, including an evaluation of analytical data and |
|
information regarding trends in department revenue and expenses, as |
|
well as performance information. |
|
SECTION 11. Subchapter C, Chapter 2054, Government Code, is |
|
amended by adding Section 2054.0525 to read as follows: |
|
Sec. 2054.0525. ASSISTANCE TO STATE AGENCIES. The |
|
department on request shall advise and provide technical assistance |
|
to a state agency to determine the agency's information resources |
|
technology needs and to solve the agency's information resources |
|
technology problems. |
|
SECTION 12. Section 2054.0565(a), Government Code, is |
|
amended to read as follows: |
|
(a) The comptroller [department] may include terms in a |
|
procurement contract entered into by the comptroller [department], |
|
including a contract entered into under Section 2157.068, that |
|
allow the contract to be used by another state agency, a political |
|
subdivision of this state, a governmental entity of another state, |
|
or an assistance organization as defined by Section 2175.001. |
|
SECTION 13. Section 2054.057, Government Code, is amended |
|
to read as follows: |
|
Sec. 2054.057. TRAINING IN CONTRACT NEGOTIATION. (a) The |
|
[department, with the cooperation of the] comptroller 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. |
|
(b) The comptroller [department] shall make the training |
|
available to state agency personnel who are directly or indirectly |
|
involved in contract negotiations, such as senior or operational |
|
management, purchasers, users of the purchased technologies, and |
|
personnel with relevant technical, legal, or financial knowledge. |
|
(c) The comptroller [department] shall include in the |
|
training: |
|
(1) information on developing a structured purchasing |
|
method that meets an agency's needs; |
|
(2) information drawn from the state's previous |
|
procurement experience about what is or is not advantageous for the |
|
state; |
|
(3) the perspective of state agencies with oversight |
|
responsibilities related to the state's procurement of information |
|
resources technologies; and |
|
(4) other information that the comptroller |
|
[department] considers to be useful. |
|
(d) The comptroller [department] may use its own staff or |
|
contract with private entities or other state agencies to conduct |
|
the training. |
|
SECTION 14. Subchapter C, Chapter 2054, Government Code, is |
|
amended by adding Section 2054.061 to read as follows: |
|
Sec. 2054.061. USE OF CONSULTANTS AND OUTSIDE STAFF. (a) |
|
The department shall develop clear criteria for the appropriate use |
|
of consultants and outside staff by the department to temporarily |
|
augment the department's existing staff. |
|
(b) The department shall annually analyze: |
|
(1) the department's staffing needs; |
|
(2) the need for and cost-effectiveness of contracting |
|
for consultants and outside staff; |
|
(3) whether the department could use department staff |
|
to accomplish tasks proposed for the consultants and outside staff; |
|
and |
|
(4) whether and what type of training or additional |
|
resources are necessary for the department to use the department's |
|
own staff to accomplish tasks proposed for the consultants or |
|
outside staff. |
|
(c) In conjunction with the budget process, the department |
|
shall provide the analysis to the board for approval. The |
|
department may not hire or train any consultants or outside staff |
|
unless it has been approved during this budget process. |
|
SECTION 15. Subchapter C, Chapter 2054, Government Code, is |
|
amended by adding Section 2054.062 to read as follows: |
|
Sec. 2054.062. INFORMATION RESOURCES TECHNOLOGIES |
|
CONSOLIDATION. (a) The department shall develop a consistent and |
|
clear method of measuring the costs and progress of an information |
|
resources technology consolidation initiative, including a |
|
consolidation under Subchapter L. |
|
(b) The department shall work with any entity involved in an |
|
information resources technology consolidation to develop an |
|
agreed on methodology for collecting and validating data to |
|
determine a baseline assessment of costs. The department shall use |
|
the data both in the department's initial cost projections and in |
|
any later cost comparison. The department shall coordinate with |
|
the internal auditor for guidance, subject to Section 2054.038(d), |
|
on developing a methodology that provides an objective assessment |
|
of costs and project status. |
|
(c) Using the methodology agreed on under Subsection (b), |
|
the department shall evaluate actual costs and cost savings related |
|
to the consolidation. The department shall also evaluate the |
|
progress of the department's information resources consolidation |
|
projects compared to the initially projected timelines for |
|
implementation. The evaluation results must break out the |
|
information on both statewide and individual entity levels. |
|
(d) The department shall annually report the evaluation |
|
results to: |
|
(1) the board; |
|
(2) the Legislative Budget Board; and |
|
(3) customers involved in the consolidation. |
|
(e) The department shall post on the department's website |
|
the report required by this section. |
|
SECTION 16. Sections 2054.1015(b), (c), (d), and (e), |
|
Government Code, are amended to read as follows: |
|
(b) The comptroller [department] may require a state agency |
|
to provide [to the department] a planned procurement schedule for |
|
commodity items if the comptroller [department] determines that the |
|
information in the schedule can be used to provide a benefit to the |
|
state. If required by the comptroller [department], a state agency |
|
must provide a planned procurement schedule for commodity items to |
|
the comptroller and the department before the agency's operating |
|
plan may be approved under Section 2054.102. |
|
(c) The comptroller [department] shall use information |
|
contained in the schedules to plan future vendor solicitations of |
|
commodity items or for any other activity that provides a benefit to |
|
the state. |
|
(d) A state agency shall notify the comptroller |
|
[department], the Legislative Budget Board, and the state auditor's |
|
office if the agency makes a substantive change to a planned |
|
procurement schedule for commodity items. |
|
(e) The comptroller [department] shall specify hardware |
|
configurations for state commodity items in its instructions for |
|
the preparation of planned procurement schedules. |
|
SECTION 17. Section 2054.122, Government Code, is amended |
|
to read as follows: |
|
Sec. 2054.122. COORDINATED TECHNOLOGY TRAINING. A state |
|
agency each calendar quarter shall coordinate agency training for |
|
the use of information resources technologies with training offered |
|
or coordinated by the department or comptroller. The agency shall |
|
use training offered or coordinated by the department or |
|
comptroller if it meets agency requirements and is |
|
cost-competitive. |
|
SECTION 18. Section 2054.124, Government Code, is amended |
|
to read as follows: |
|
Sec. 2054.124. POWER MANAGEMENT SOFTWARE. (a) After |
|
researching the software available, the comptroller [department] |
|
shall by competitive bid select power management software to be |
|
used, if technically feasible, by state agencies to reduce the |
|
amount of energy required to operate state computer networks and |
|
networked personal computers. |
|
(b) [(c)] An institution of higher education shall |
|
purchase, lease, or otherwise acquire and use power management |
|
software only if the comptroller [department], in consultation with |
|
the Information Technology Council for Higher Education, |
|
determines that the institution of higher education's use of power |
|
management software would provide cost savings to this state. In |
|
making a determination under this subsection, the comptroller |
|
[department] must perform the analysis described by Section |
|
2054.121(c) in the same manner as the department under that |
|
subsection. The analysis must include an assessment of how the use |
|
of power management software affects the security of electronic |
|
data, including data protected from public disclosure by state or |
|
federal law. |
|
SECTION 19. Section 2054.376(b), Government Code, is |
|
amended to read as follows: |
|
(b) This subchapter does not apply to: |
|
(1) the Department of Public Safety's use for criminal |
|
justice or homeland security purposes of a federal database or |
|
network; |
|
(2) a Texas equivalent of a database or network |
|
described by Subdivision (1) that is managed by the Department of |
|
Public Safety; |
|
(3) the uniform statewide accounting system, as that |
|
term is used in Subchapter C, Chapter 2101; |
|
(4) the state treasury cash and treasury management |
|
system; [or] |
|
(5) a database or network managed by the comptroller |
|
to: |
|
(A) collect and process multiple types of taxes |
|
imposed by the state; or |
|
(B) manage or administer fiscal, financial, |
|
revenue, and expenditure activities of the state under Chapter 403 |
|
and Chapter 404; |
|
(6) a database or network managed by the Department of |
|
Agriculture; or |
|
(7) a database or network managed by the General Land |
|
Office. |
|
SECTION 20. Subchapter L, Chapter 2054, Government Code, is |
|
amended by adding Section 2054.392 to read as follows: |
|
Sec. 2054.392. STATEWIDE TECHNOLOGY ACCOUNT. The |
|
comptroller shall establish in the state treasury the statewide |
|
technology account. The account is a revolving fund account for the |
|
administration of this subchapter. The account is the depository |
|
for all money received from entities served under this subchapter. |
|
Money in the account may be used only for the operation and |
|
management of a statewide technology center or for any other |
|
purpose specified by the legislature. |
|
SECTION 21. Chapter 2054, Government Code, is amended by |
|
adding Subchapters N and O to read as follows: |
|
SUBCHAPTER N. MAJOR OUTSOURCED CONTRACTS |
|
Sec. 2054.501. MAJOR OUTSOURCED CONTRACT DEFINED; RULE. |
|
The board by rule shall define what constitutes a major outsourced |
|
contract with regard to contracts the department executes with |
|
entities other than this state or a political subdivision of this |
|
state. The definition must include as a major outsourced contract: |
|
(1) outsourced contracts entered into under |
|
Subchapter I and Subchapter L of this chapter or Chapter 2170; and |
|
(2) contracts that exceed a monetary threshold, other |
|
than those described by Subdivision (1). |
|
Sec. 2054.502. BOARD APPROVAL AND OVERSIGHT OF MAJOR |
|
OUTSOURCED CONTRACTS. (a) The department must receive approval |
|
from the board before: |
|
(1) entering into a major outsourced contract; or |
|
(2) amending any major outsourced contract, if the |
|
amendment has significant statewide impact. |
|
(b) The board shall establish one or more subcommittees to |
|
monitor the department's major outsourced contracts. |
|
Sec. 2054.503. MANAGEMENT PLANS FOR MAJOR OUTSOURCED |
|
CONTRACTS. (a) The department shall specify procedures for |
|
administering, monitoring, and overseeing each major outsourced |
|
contract by creating a management plan for each contract. In each |
|
management plan, the department shall specify the department's |
|
approach to managing and mitigating the risks inherent in each |
|
contract. |
|
(b) Department staff who perform contract administration |
|
and program duties shall jointly develop the management plans with |
|
input from executive management and the board. Each management plan |
|
must be approved by the executive director. |
|
(c) Each management plan must establish clear lines of |
|
accountability and coordination of contract activities. The plan |
|
must provide details about implementing the program that is the |
|
subject of the contract as well as procedures for monitoring |
|
contractor performance, identifying and mitigating risks related |
|
to the contract, and involving and communicating with customers who |
|
will be served by any programs implemented through the contract. As |
|
appropriate, the plan must define an approach for transitioning |
|
from one major outsourced contract to another major outsourced |
|
contract. |
|
(d) The department shall revise each management plan: |
|
(1) as necessary to keep current during the |
|
contracting process; and |
|
(2) when the department renews, amends, or resolicits |
|
a major outsourced contract to ensure the plan remains updated and |
|
incorporates any changes resulting from a new contract. |
|
Sec. 2054.504. CUSTOMER INVOLVEMENT IN MAJOR OUTSOURCED |
|
CONTRACTS. The department shall establish formal procedures to |
|
ensure customer involvement in decision making regarding each of |
|
the department's major outsourced contracts, including initial |
|
analysis, solicitation development, and contract award and |
|
implementation, that affect those customers. |
|
SUBCHAPTER O. ADDITIONAL PROVISIONS ON CONTRACTING |
|
Sec. 2054.531. DEFINITION. In this subchapter, "contract |
|
management guide" means the guide developed under this subchapter. |
|
Sec. 2054.532. RULES. In addition to the rules adopted |
|
under Subchapter N for major outsourced contracts, the board by |
|
rule shall establish approval requirements for all other contracts, |
|
including a monetary threshold above which board approval is |
|
required before the contract may be executed. |
|
Sec. 2054.533. CONFLICT OF INTEREST IN CONTRACTING. (a) A |
|
department employee may not: |
|
(1) have an interest in, or in any manner be connected |
|
with, a contract or bid for a purchase of goods or services by the |
|
department; or |
|
(2) in any manner, including by rebate or gift, |
|
directly or indirectly accept or receive from a person to whom a |
|
contract may be awarded anything of value or a promise, obligation, |
|
or contract for future reward or compensation. |
|
(b) A department employee who violates Subsection (a)(2) is |
|
subject to dismissal. |
|
(c) The board shall adopt rules to implement this section. |
|
(d) The department shall train staff in the requirements of |
|
this section and Section 572.054 and incorporate the requirements |
|
into the contract management guide and the department's internal |
|
policies, including employee manuals. |
|
Sec. 2054.534. CONTRACT MANAGEMENT TRAINING POLICY. (a) |
|
The department shall develop a policy for training department staff |
|
in contract management. |
|
(b) The policy must establish contract management training |
|
requirements for all staff involved in contract management, |
|
including contract managers, program staff, and executive |
|
management. |
|
(c) The policy must specify the department's overall |
|
approach to procuring and managing contracts, as well as |
|
contract-specific procedures developed in the contract management |
|
guide and under Subchapter N. |
|
Sec. 2054.535. CONTRACT MANAGEMENT GUIDE; RULES. (a) The |
|
department shall develop and periodically update a contract |
|
management guide to provide an overall, consistent approach on |
|
procurement and management of major outsourced contracts under |
|
Subchapter N and other contracts. In updating the guide, the |
|
department shall make changes based on contract experiences and |
|
account for changing conditions to guide the updates. |
|
(b) The department shall coordinate with the department's |
|
internal auditor, subject to Section 2054.038(d), as needed for |
|
assistance and guidance in developing procedures in the contract |
|
management guide for monitoring contracts and individual |
|
contractors. |
|
(c) The board may adopt rules necessary to develop or update |
|
the contract management guide. |
|
(d) The contract management guide must provide information |
|
regarding the department's: |
|
(1) general approach to business case analysis, |
|
procurement planning, contract solicitation, contract execution, |
|
and contract monitoring and oversight; |
|
(2) ethics standards and policies, including those |
|
required by Section 2054.533; and |
|
(3) approach to changing a program's internal |
|
structure or model for delivering services to customers. |
|
(e) The contract management guide must: |
|
(1) establish clear lines of accountability, staff |
|
roles and responsibilities, and decision-making authority for |
|
program staff, contract management staff, executive management, |
|
customers, and the board; |
|
(2) include the procedures established under Section |
|
2054.504 regarding customer involvement; and |
|
(3) establish the department's process for evaluating |
|
and managing risk during each stage of contract procurement, |
|
implementation, and management. |
|
(f) The contract management guide must describe the |
|
expectations and standards for obtaining and using customer input |
|
during all contract management phases. |
|
SECTION 22. Sections 2155.502(a), (b), and (c), Government |
|
Code, are amended to read as follows: |
|
(a) The comptroller [commission] shall develop a schedule |
|
of multiple award contracts that have been previously awarded using |
|
a competitive process by: |
|
(1) the federal government, including the federal |
|
General Services Administration; or |
|
(2) any other governmental entity in any state. |
|
(b) In developing a schedule under Subsection (a) [or (e)], |
|
the comptroller [commission or department, as appropriate,] shall |
|
modify any contractual terms, with the agreement of the parties to |
|
the contract, as necessary to comply with any federal or state |
|
requirements, including rules adopted under this subchapter. |
|
(c) The comptroller [commission] may not list a multiple |
|
award contract on a schedule developed under Subsection (a) if the |
|
goods or services provided by that contract: |
|
(1) are available from only one vendor; or |
|
(2) are telecommunications services, facilities, or |
|
equipment[; or
|
|
[(3)
are commodity items as defined by Section
|
|
2157.068(a)]. |
|
SECTION 23. Section 2155.503, Government Code, is amended |
|
to read as follows: |
|
Sec. 2155.503. RULES. (a) The comptroller [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 [and the department] shall consult with |
|
the attorney general in developing rules under this section. |
|
SECTION 24. Section 2157.004, Government Code, is amended |
|
to read as follows: |
|
Sec. 2157.004. TRANSFERS AND LOANS. A state agency that |
|
acquires a telecommunications device, system, or service or an |
|
automated information system by interagency transfer, contract, or |
|
loan, or by public loan, shall comply with the requirements that |
|
apply to that acquisition under [of] Chapter 2054 and this chapter. |
|
SECTION 25. Section 2157.068, Government Code, is amended |
|
to read as follows: |
|
Sec. 2157.068. PURCHASE OF INFORMATION TECHNOLOGY |
|
COMMODITY ITEMS. (a) In this section, "commodity items" means |
|
commercial software, hardware, or technology services, other than |
|
telecommunications services, that are generally available to |
|
businesses or the public and for which the comptroller [department] |
|
determines that a reasonable demand exists in two or more state |
|
agencies. The term includes seat management, through which a state |
|
agency transfers its personal computer equipment and service |
|
responsibilities to a private vendor to manage the personal |
|
computing needs for each desktop in the state agency, including all |
|
necessary hardware, software, and support services. |
|
(b) The comptroller [department] shall negotiate with |
|
vendors to attempt to obtain a favorable price for all of state |
|
government on licenses for commodity items, based on the aggregate |
|
volume of purchases expected to be made by the state. The terms and |
|
conditions of a license agreement between a vendor and the |
|
comptroller [department] under this section may not be less |
|
favorable to the state than the terms of similar license agreements |
|
between the vendor and retail distributors. |
|
(c) In contracting for commodity items under this section, |
|
the comptroller [department] shall make good faith efforts to |
|
provide contracting opportunities for, and to increase contract |
|
awards to, historically underutilized businesses and persons with |
|
disabilities' products and services available under Chapter 122, |
|
Human Resources Code. |
|
(d) The comptroller [department] may charge a reasonable |
|
administrative fee to a state agency, political subdivision of this |
|
state, or governmental entity of another state that purchases |
|
commodity items through the comptroller [department] in an amount |
|
that is sufficient to recover costs associated with the |
|
administration of this section. The comptroller shall develop a |
|
clear procedure for calculating the fee under this subsection, |
|
including procedures for review and approval of the fee. |
|
(e) The comptroller [department] shall compile and maintain |
|
a list of commodity items available for purchase through the |
|
comptroller [department] that have a lower price than the prices |
|
for commodity items otherwise available to state agencies under |
|
this chapter. The comptroller [department] shall make the list |
|
available on the comptroller's website [world wide web or on a
|
|
suitable successor to the world wide web if the technological
|
|
developments involving the Internet make it advisable to do so]. |
|
(f) The comptroller [department] may adopt rules regulating |
|
a purchase by a state agency of a commodity item under this section, |
|
including a requirement that, notwithstanding other provisions of |
|
this chapter, the agency must make the purchase in accordance with a |
|
contract developed by the comptroller [department] unless the |
|
agency obtains: |
|
(1) an exemption from the comptroller [department]; or |
|
(2) express prior approval from the Legislative Budget |
|
Board for the expenditure necessary for the purchase. |
|
(g) The Legislative Budget Board's approval of a biennial |
|
operating plan under Section 2054.102 is not an express prior |
|
approval for purposes of Subsection (f)(2). A state agency must |
|
request an exemption from the comptroller [department] under |
|
Subsection (f)(1) before seeking prior approval from the |
|
Legislative Budget Board under Subsection (f)(2). |
|
(h) The comptroller [department] shall, in cooperation with |
|
state agencies, establish guidelines for the classification of |
|
commodity items under this section. The comptroller [department] |
|
may determine when a statewide vendor solicitation for a commodity |
|
item will reduce purchase prices for a state agency. |
|
(i) Unless the agency has express statutory authority to |
|
employ a best value purchasing method other than a purchasing |
|
method designated by the comptroller [commission] under Section |
|
2157.006(a)(2), a state agency shall use a purchasing method |
|
provided by Section 2157.006(a) when purchasing a commodity item |
|
if: |
|
(1) the agency has obtained an exemption from the |
|
comptroller [department] or approval from the Legislative Budget |
|
Board under Subsection (f); or |
|
(2) the agency is otherwise exempt from this section. |
|
SECTION 26. Subchapter B, Chapter 2157, Government Code, is |
|
amended by adding Section 2157.0685 to read as follows: |
|
Sec. 2157.0685. REPORTING OF ADMINISTRATIVE FEES FOR |
|
COMMODITY ITEMS. (a) The comptroller shall report to the |
|
Legislative Budget Board any administrative fee the comptroller |
|
sets under Section 2157.068 for each fiscal year. The report must |
|
include the underlying analysis and methodology used to determine |
|
the fee amounts. |
|
(b) The comptroller shall post on the comptroller's website |
|
information about the fee, including a description of how the fee is |
|
determined. The comptroller must update this information when a |
|
contract amendment or other action results in a major change to the |
|
costs incurred or the price paid by the comptroller or a customer of |
|
the comptroller. |
|
SECTION 27. Subchapter B, Chapter 2157, Government Code, is |
|
amended by adding Section 2157.069 to read as follows: |
|
Sec. 2157.069. CLEARING FUND ACCOUNT. The comptroller |
|
shall establish in the state treasury the clearing fund account. |
|
The account is a revolving fund account for the administration of |
|
Section 2157.068. The account is the depository for all money |
|
received from entities served under that section. Money in the |
|
account may be used only to administer that section or for any other |
|
purpose specified by the legislature. |
|
SECTION 28. Section 2157.121, Government Code, is amended |
|
to read as follows: |
|
Sec. 2157.121. ACQUISITION THROUGH COMPETITIVE SEALED |
|
PROPOSALS. (a) The comptroller [commission] or other state agency |
|
may acquire a telecommunications device, system, or service or an |
|
automated information system by using competitive sealed proposals |
|
if the comptroller [commission] determines that competitive sealed |
|
bidding and informal competitive bidding are not practical or are |
|
disadvantageous to the state. |
|
(b) A state agency, other than the department under |
|
Subsection (c), shall send its proposal specifications and criteria |
|
to the comptroller [commission] for approval or request the |
|
comptroller [commission] to develop the proposal specifications |
|
and criteria. |
|
(c) The department may acquire a telecommunications device, |
|
system, or service [or an automated information system] by using |
|
competitive sealed proposals without regard to whether the |
|
comptroller [commission] makes the determination required under |
|
Subsection (a) for other state agencies. This subsection applies |
|
only to an acquisition under Subchapter H, Chapter 2054, or under |
|
Chapter 2170. |
|
SECTION 29. Section 2157.181(a), Government Code, is |
|
amended to read as follows: |
|
(a) The comptroller [commission, with the concurrence of
|
|
the department,] may negotiate with vendors preapproved terms and |
|
conditions to be included in contracts relating to the purchase or |
|
lease of [a telecommunication device, system, or service or] an |
|
automated information system awarded to a vendor by a state agency. |
|
SECTION 30. Section 2157.182, Government Code, is amended |
|
to read as follows: |
|
Sec. 2157.182. VALIDITY OF PREAPPROVED TERMS AND |
|
CONDITIONS; RENEGOTIATION. (a) Preapproved terms and conditions |
|
to which a vendor[, the commission,] and the comptroller |
|
[department] agree are valid for two years after the date of the |
|
agreement and must provide that the terms and conditions are to be |
|
renegotiated before the end of the two years. |
|
(b) The comptroller [commission and the department jointly] |
|
shall establish procedures to ensure that terms and conditions are |
|
renegotiated before they expire in a contract between the vendor |
|
and a state agency. |
|
SECTION 31. Section 2157.184, Government Code, is amended |
|
to read as follows: |
|
Sec. 2157.184. NOTIFICATION OF STATE AGENCIES AND VENDORS. |
|
The comptroller [commission and the department jointly] shall |
|
establish procedures to notify state agencies and potential vendors |
|
of the provisions of this subchapter regarding preapproved terms |
|
and conditions. |
|
SECTION 32. Sections 2054.024(c), 2155.501(1), |
|
2155.502(e), 2157.0611, and 2157.181(b), Government Code, are |
|
repealed. |
|
SECTION 33. (a) Not later than September 1, 2011, the |
|
governor shall appoint the initial members of the governing board |
|
of the Department of Information Resources under Section 2054.021, |
|
Government Code, as amended by this Act. The governor shall |
|
appoint: |
|
(1) two members whose terms expire February 1, 2013; |
|
(2) two members whose terms expire February 1, 2015; |
|
and |
|
(3) three members whose terms expire February 1, 2017. |
|
(b) The terms of the current members of the board expire |
|
September 1, 2011. |
|
SECTION 34. (a) Not later than September 1, 2011, the |
|
first group of ex officio members shall begin serving or be |
|
appointed under Section 2054.021(c), Government Code, as amended by |
|
this Act. |
|
(b) The governor shall appoint to the first group an ex |
|
officio member from a state agency with fewer than 100 employees |
|
under Section 2054.021(c), Government Code, as amended by this Act. |
|
When that member is appointed, the term of the executive director of |
|
the Texas Department of Transportation expires. |
|
(c) The commissioner of insurance and the executive |
|
commissioner of the Health and Human Services Commission shall |
|
continue to serve in the first group under Section 2054.021(c), |
|
Government Code, as amended by this Act, until February 1, 2013. |
|
SECTION 35. (a) In this section, "department" means the |
|
Department of Information Resources. |
|
(b) On the effective date of this Act, the powers and duties |
|
of the department under Section 2157.068, Government Code, or other |
|
law relating to information and communications technology |
|
cooperative contracts are transferred to the comptroller. |
|
(c) The department shall work in cooperation with and at the |
|
direction of the comptroller to facilitate the transfer described |
|
by this section. |
|
(d) A rule, form, policy, procedure, or decision of the |
|
department that is related to a power or duty transferred under |
|
Subsection (b) of this section continues in effect as a rule, form, |
|
policy, procedure, or decision of the comptroller until superseded |
|
by an act of the comptroller. |
|
(e) A court case, administrative proceeding, contract |
|
negotiation, or other proceeding involving the department that is |
|
related to a power or duty transferred under Subsection (b) of this |
|
section is transferred without change in status to the comptroller, |
|
and the comptroller assumes, without a change in status, the |
|
position of the department in a negotiation or proceeding relating |
|
to a power or duty transferred under Subsection (b) of this section |
|
to which the department is a party. |
|
(f) All department employees who primarily perform duties |
|
related to a power or duty transferred under Subsection (b) of this |
|
section, including employees who provide administrative support |
|
for those powers or duties, are transferred to the office of the |
|
comptroller. A management employee of the department who is |
|
transferred to the office of the comptroller under this section |
|
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. |
|
(g) All personal property, including records, in the |
|
custody of the department related to a power or duty transferred |
|
under Subsection (b) of this section is transferred to and becomes |
|
the property of the comptroller. |
|
(h) All contracts, memoranda of understanding, leases, and |
|
rights of the department related to a power or duty transferred |
|
under Subsection (b) of this section are transferred to the |
|
comptroller. |
|
(i) All money appropriated by the legislature to the |
|
department related to a power or duty transferred under Subsection |
|
(b) of this section, including money for providing administrative |
|
support, is transferred to the comptroller. |
|
SECTION 36. A contract transferred under Section 35 of this |
|
Act may not be canceled by the comptroller except as provided by the |
|
terms of the contract. |
|
SECTION 37. Sections 2054.502 and 2054.533, Government |
|
Code, as added by this Act, apply only to a contract for which a |
|
solicitation of bids or proposals or similar expressions of |
|
interest is published on or after September 1, 2011. A contract for |
|
which a solicitation of bids or proposals or similar expressions of |
|
interest is published before September 1, 2011, is governed by the |
|
law in effect on the date the state agency first publishes the |
|
solicitation of bids or proposals or similar expressions of |
|
interest, and the former law is continued in effect for that |
|
purpose. |
|
SECTION 38. This Act takes effect September 1, 2011. |
|
|
|
* * * * * |