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A BILL TO BE ENTITLED
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AN ACT
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relating to state agency procurement and the comptroller's |
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procurement powers and duties. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 2155.001, Government Code, is amended by |
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amending Subdivision (2) and adding Subdivision (3) to read as |
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follows: |
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(2) "Service" means the furnishing of skilled or |
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unskilled labor or professional work, but does not include a: |
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(A) professional service subject to Subchapter |
|
A, Chapter 2254; |
|
(B) service of a state agency employee; |
|
(C) service procured by the Department of |
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Information Resources; |
|
(D) consulting service or service of a consultant |
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as defined by Subchapter B, Chapter 2254; or |
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(E) [(D)] service of a public utility. |
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(3) "State agency" has the meaning assigned by Section |
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2151.002 unless otherwise provided by this chapter. |
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SECTION 2. Section 2155.002, Government Code, is amended to |
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read as follows: |
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Sec. 2155.002. COMPTROLLER [COMMISSION] FOCUS ON LARGE |
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EXPENDITURES. To the extent possible, the comptroller [commission] |
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shall focus [its efforts under this chapter and Chapters 2156,
|
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2157, and 2158] on purchases and contracts that involve relatively |
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large amounts of money or that leverage state spending in the most |
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efficient manner. |
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SECTION 3. Section 2155.064, Government Code, is amended to |
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read as follows: |
|
Sec. 2155.064. LEVERAGED [SCHEDULE AND BULK] PURCHASING. |
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To the greatest extent possible, the comptroller shall pursue |
|
statewide contracts and attempt to leverage state spending to |
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achieve cost savings for this state [The commission may combine
|
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orders in a system of schedule purchasing and shall attempt to
|
|
benefit from bulk purchasing]. |
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SECTION 4. Section 2155.068, Government Code, is amended to |
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read as follows: |
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Sec. 2155.068. UNIFORM STANDARDS AND SPECIFICATIONS. |
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(a) The comptroller [commission] may coordinate uniform standards |
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and specifications for goods purchased by this state [the
|
|
commission]. The comptroller [commission] by rule may adopt |
|
appropriate standards developed by a nationally recognized |
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standards-making association as part of its specifications and |
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standards program. |
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(b) On request of the comptroller, a state agency shall |
|
cooperate with the comptroller [The commission shall enlist the
|
|
cooperation of other state agencies] in the establishment, |
|
maintenance, and revision of uniform standards and specifications. |
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(c) The comptroller [commission] shall review contracts |
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administered by the comptroller [commission] to ensure that all |
|
goods and services meet contract specifications. |
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(d) As part of the standards and specifications program, the |
|
comptroller [commission] shall: |
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(1) review contracts for opportunities to recycle |
|
waste produced at state buildings; |
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(2) develop and update a list of equipment and |
|
appliances that meet the energy efficiency standards provided by |
|
Section 2158.301; and |
|
(3) assist state agencies in selecting products under |
|
Section 2158.301, as appropriate. |
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SECTION 5. Section 2155.070, Government Code, is amended to |
|
read as follows: |
|
Sec. 2155.070. FAILURE TO MEET SPECIFICATIONS. (a) A |
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state agency that determines that goods or services received under |
|
a contract administered by the comptroller [commission] do not meet |
|
specifications shall promptly notify the comptroller [commission] |
|
in writing of the reasons for the determination. As soon as |
|
possible, the comptroller [The commission] shall determine |
|
[immediately make its own determination of] whether the goods and |
|
services meet specifications. |
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(b) For purchases exempt from the comptroller's purchasing |
|
authority, the comptroller may [The commission or a state agency,
|
|
including an institution of higher education, has the authority to] |
|
determine whether the purchased [that] goods and services [exempted
|
|
from the commission's purchasing authority] meet or fail to meet |
|
specifications. A state agency may also determine whether the |
|
goods and services meet or fail to meet specifications. |
|
(c) On determining that contract specifications or |
|
conditions have not been met, the comptroller [commission] shall |
|
act against the defaulting contractor, with the assistance of the |
|
attorney general as necessary. |
|
(d) If the comptroller [commission] receives repeated |
|
complaints against a vendor, the comptroller [commission] shall |
|
remove the vendor's name and the vendor's goods and services from |
|
the comptroller's [commission's] bidders list for not longer than |
|
one year. If complaints resume after the vendor is reinstated on |
|
the bidders list, the comptroller [commission] may bar the vendor |
|
from participating in state contracts for a period under Section |
|
2155.077. |
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SECTION 6. Section 2155.072, Government Code, is amended to |
|
read as follows: |
|
Sec. 2155.072. STATEWIDE OR REGIONAL SERVICES CONTRACTS; |
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COMPTROLLER [COMMISSION] STUDIES. Each state fiscal year, the |
|
comptroller [(a) The commission annually] shall consider one or |
|
more services purchased by one or more state agencies for |
|
development into statewide contracts. The comptroller shall |
|
determine if a particular service may be leveraged for multiple |
|
state agencies at a cost savings to this state compared to the cost |
|
to this state of purchasing the service under individual state |
|
agency contracts [select for study at least one service that is
|
|
purchased by one or more state agencies]. The comptroller |
|
[commission] shall consider awarding statewide contracts by region |
|
[study a selected service to determine whether the state would
|
|
benefit if the service were provided to appropriate state agencies
|
|
under a regional or statewide contract. The commission shall give
|
|
priority to studying services for which the commission has
|
|
delegated the purchasing function to many state agencies]. |
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[(b)
The commission is not required to enter into a
|
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statewide or regional contract for the provision of a service to
|
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state agencies if more than five bidders are willing to provide the
|
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service to the state under a statewide or regional contract.] |
|
SECTION 7. Section 2155.074, Government Code, is amended to |
|
read as follows: |
|
Sec. 2155.074. PROCUREMENT MANUAL; BEST VALUE AND SOURCING |
|
STANDARDS [STANDARD] FOR PURCHASE OF GOODS OR SERVICES. (a) The |
|
comptroller shall publish and maintain a procurement manual for |
|
state agencies to follow that incorporates the sourcing standards |
|
of this section and the best practices for procurement. Before |
|
publication, the procurement manual must be reviewed by the |
|
contract advisory team established under Chapter 2262. Each state |
|
agency shall comply with the procurement manual in its procurement |
|
activities. |
|
(b) For a purchase of goods and services under this chapter, |
|
each state agency, including the comptroller [commission], shall |
|
purchase goods and services that provide the best value for the |
|
state. |
|
(c) [(b)] In determining the best value for the state, the |
|
purchase price and whether the goods or services meet |
|
specifications are the most important considerations. However, the |
|
comptroller [commission] or other state agency may, subject to |
|
Subsection (d) [(c)] and Section 2155.075, consider other relevant |
|
factors, including: |
|
(1) installation costs; |
|
(2) life cycle costs; |
|
(3) the quality and reliability of the goods and |
|
services; |
|
(4) the delivery terms; |
|
(5) indicators of probable vendor performance under |
|
the contract such as past vendor performance, the vendor's |
|
financial resources and ability to perform, the vendor's experience |
|
or demonstrated capability and responsibility, and the vendor's |
|
ability to provide reliable maintenance agreements and support; |
|
(6) the cost of any employee training associated with |
|
a purchase; |
|
(7) the effect of a purchase on agency productivity; |
|
(8) the vendor's anticipated economic impact to the |
|
state or a subdivision of the state, including potential tax |
|
revenue and employment; and |
|
(9) other factors relevant to determining the best |
|
value for the state in the context of a particular purchase. |
|
(d) [(c)] A state agency shall consult with and receive |
|
approval from the comptroller [commission] before considering |
|
factors other than price and meeting specifications when the agency |
|
procures through competitive bidding goods or services with a value |
|
that exceeds $100,000. |
|
(e) The comptroller shall: |
|
(1) identify commercially available goods and |
|
services needed or used by state agencies; and |
|
(2) analyze and determine whether the goods and |
|
services are better provided through a statewide contract. |
|
(f) If the comptroller determines that a good or service |
|
identified under Subsection (e) is better provided through a |
|
statewide contract, the comptroller shall require state agencies to |
|
engage in any process, including competitive bidding, developed by |
|
the comptroller to develop and award one or more statewide |
|
contracts for the good or service. |
|
(g) In performing the comptroller's duties under this |
|
chapter, the comptroller 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 good or |
|
service identified under Subsection (e); |
|
(2) develop and require state agencies to use methods |
|
that accurately and fairly estimate and account for the cost of |
|
obtaining the identified good or service; |
|
(3) require that the identified good or service be |
|
submitted to competitive bidding or another process that creates |
|
competition; |
|
(4) prescribe, after consulting affected state |
|
agencies, the specifications and conditions of the purchase and the |
|
procedures that must be followed for the procurement of the |
|
identified good or service; and |
|
(5) determine the terms of a contract for the |
|
identified good or service. |
|
SECTION 8. Subsection (a), Section 2155.078, Government |
|
Code, is amended to read as follows: |
|
(a) The comptroller [commission] shall establish and |
|
administer a system of training, continuing education, and |
|
certification for state agency purchasing personnel. The |
|
comptroller [commission] may establish and offer appropriate |
|
training to vendors on a cost recovery basis. The comptroller |
|
[commission] may adopt rules to administer this section, including |
|
rules relating to: |
|
(1) monitoring a certified purchaser's compliance with |
|
the continuing education requirements of this section; and |
|
(2) suspending or revoking a purchaser's certification |
|
for failure to comply with this chapter or comptroller rules. |
|
SECTION 9. Section 2155.082, Government Code, is amended to |
|
read as follows: |
|
Sec. 2155.082. PROVIDING CERTAIN PURCHASING SERVICES ON |
|
FEE-FOR-SERVICE BASIS OR THROUGH BENEFIT FUNDING. (a) The |
|
comptroller [commission] may provide open market purchasing |
|
services on a fee-for-service basis for state agency purchases that |
|
are delegated to an agency under Section 2155.131, 2155.132, |
|
[2155.133,] or 2157.121 or that are exempted from the purchasing |
|
authority of the comptroller [commission]. The comptroller |
|
[commission] shall set the fees in an amount that recovers the |
|
comptroller's [commission's] costs in providing the services. |
|
(b) The comptroller [commission] shall publish a schedule |
|
of [its] fees for services that are subject to this section. The |
|
schedule must include the comptroller's [commission's] fees for: |
|
(1) reviewing bid and contract documents for clarity, |
|
completeness, and compliance with laws and rules; |
|
(2) developing and transmitting invitations to bid; |
|
(3) receiving and tabulating bids; |
|
(4) evaluating and determining which bidder offers the |
|
best value to the state; |
|
(5) creating and transmitting purchase orders; and |
|
(6) participating in agencies' request for proposal |
|
processes. |
|
(c) The comptroller may engage a consultant to assist with a |
|
particular procurement on behalf of a state agency and pay the |
|
consultant from the cost savings realized by the state agency. |
|
SECTION 10. Subsection (n), Section 2155.083, Government |
|
Code, is amended to read as follows: |
|
(n) Notwithstanding any other provision of this section, a |
|
state agency that conducts covert law enforcement operations is not |
|
required to post the specifications for covert equipment in the |
|
state business daily [This section does not apply to a state agency
|
|
to which Section 51.9335 or 73.115, Education Code, applies]. |
|
SECTION 11. Section 2155.085, Government Code, is amended |
|
to read as follows: |
|
Sec. 2155.085. REVERSE AUCTION PROCEDURE. [(a)] The |
|
comptroller may [commission shall]: |
|
(1) purchase goods or services using the reverse |
|
auction procedure whenever: |
|
(A) the procedure provides the best value to the |
|
state; or |
|
(B) all purchasing methods provide equal value to |
|
the state; |
|
(2) offer historically underutilized businesses |
|
assistance and training relating to the reverse auction procedure; |
|
and |
|
(3) advise historically underutilized businesses on |
|
contracts available using the reverse auction procedure. |
|
[(b)
The commission shall set a goal of purchasing at least
|
|
20 percent of the dollar value of goods or services purchased by the
|
|
commission using the reverse auction procedure.] |
|
SECTION 12. Subchapter B, Chapter 2155, Government Code, is |
|
amended by adding Section 2155.088 to read as follows: |
|
Sec. 2155.088. PROCUREMENT PLANS FOR GOODS AND SERVICES. |
|
(a) Not later than June 1 of each odd-numbered year, each state |
|
agency shall provide a procurement plan to the comptroller that |
|
identifies the major goods and services the agency plans to |
|
purchase during the next fiscal biennium. |
|
(b) The comptroller shall use the procurement plans to |
|
schedule solicitations for proposals for goods and services used by |
|
multiple state agencies. |
|
(c) A state agency that makes a substantive change to its |
|
procurement plan shall submit a revised copy of the plan to the |
|
comptroller not later than the 30th day after the date of the |
|
change. |
|
(d) The comptroller may adopt rules to administer this |
|
section. |
|
SECTION 13. Section 2155.131, Government Code, is amended |
|
to read as follows: |
|
Sec. 2155.131. DELEGATION OF AUTHORITY TO STATE AGENCIES. |
|
(a) The comptroller [commission] may delegate purchasing |
|
functions to a state agency. |
|
(b) In delegating purchasing authority under this section |
|
or Section 2155.132, the comptroller shall consider factors |
|
relevant to a state agency's ability to perform purchasing |
|
functions, including: |
|
(1) the purchasing capabilities of the agency's |
|
purchasing personnel and the existence of automated purchasing |
|
tools at the agency; |
|
(2) the certification levels held by the agency's |
|
purchasing personnel; |
|
(3) the results of the comptroller's procurement |
|
review audits of an agency's purchasing practices; and |
|
(4) whether the agency has adopted and published as |
|
part of its purchasing rules protest procedures consistent with the |
|
comptroller's protest procedures. |
|
(c) The comptroller shall monitor the purchasing practices |
|
of each state agency that the comptroller delegates purchasing |
|
authority to under Subsection (b) or Section 2155.132 to ensure |
|
that the certification levels of the agency's purchasing personnel |
|
and the quality of the agency's purchasing practices continue to |
|
warrant the delegated purchasing authority. The comptroller may |
|
revoke for any cause, including the agency's failure to comply with |
|
Section 2155.074, all or part of the delegated purchasing |
|
authority. The comptroller shall adopt rules to administer this |
|
subsection. |
|
(d) The comptroller by rule shall prescribe: |
|
(1) the procedures a state agency must follow in |
|
making a delegated purchase; and |
|
(2) the procedures by which a state agency may use the |
|
comptroller's services for delegated purchases under Section |
|
2155.082. |
|
SECTION 14. Section 2155.132, Government Code, is amended |
|
to read as follows: |
|
Sec. 2155.132. PURCHASES LESS THAN SPECIFIED MONETARY |
|
AMOUNT. (a) A state agency is delegated the authority to purchase |
|
goods and services if the purchase does not exceed $15,000. If the |
|
comptroller [commission] determines that a state agency has not |
|
followed the comptroller's [commission's] rules or the laws related |
|
to the delegated purchases, the comptroller [commission] shall |
|
report the comptroller's [its] determination to the members of the |
|
state agency's governing body and to the governor, lieutenant |
|
governor, speaker of the house of representatives, and Legislative |
|
Budget Board. |
|
(b) The comptroller [commission] by rule may delegate to a |
|
state agency the authority to purchase goods and services if the |
|
purchase exceeds $15,000. [In delegating purchasing authority
|
|
under this subsection or Section 2155.131, the commission shall
|
|
consider factors relevant to a state agency's ability to perform
|
|
purchasing functions, including:
|
|
[(1)
the capabilities of the agency's purchasing staff
|
|
and the existence of automated purchasing tools at the agency;
|
|
[(2)
the certification levels held by the agency's
|
|
purchasing personnel;
|
|
[(3)
the results of the commission's procurement
|
|
review audits of an agency's purchasing practices; and
|
|
[(4)
whether the agency has adopted and published
|
|
protest procedures consistent with those of the commission as part
|
|
of its purchasing rules.] |
|
(c) [The commission shall monitor the purchasing practices
|
|
of state agencies that are making delegated purchases under
|
|
Subsection (b) or Section 2155.131 to ensure that the certification
|
|
levels of the agency's purchasing personnel and the quality of the
|
|
agency's purchasing practices continue to warrant the amount of
|
|
delegated authority provided by the commission to the agency. The
|
|
commission may revoke for cause all or part of the purchasing
|
|
authority that the commission delegated to a state agency. The
|
|
commission shall adopt rules to administer this subsection.
|
|
[(d) The commission by rule:
|
|
[(1)
shall prescribe procedures for a delegated
|
|
purchase; and
|
|
[(2)
shall prescribe procedures by which agencies may
|
|
use the commission's services for delegated purchases, in
|
|
accordance with Section 2155.082.
|
|
[(e)] Competitive bidding, whether formal or informal, is |
|
required for a purchase by a state agency if the purchase: |
|
(1) exceeds $5,000; and |
|
(2) is made under a written contract. |
|
(d) [(f)] Goods purchased under this section may not |
|
include: |
|
(1) an item for which a statewide contract has been |
|
awarded by the comptroller [under the contract purchase procedure], |
|
unless the quantity purchased is less than any [the] minimum |
|
quantity specified in the contract; |
|
(2) an item required by statute to be purchased from a |
|
particular source, including through the program administered |
|
under Chapter 122, Human Resources Code, or from the Texas |
|
Correctional Industries under Chapter 497; or |
|
(3) a scheduled item that has been designated for |
|
purchase by the comptroller [commission]. |
|
(e) [(g)] A large purchase may not be divided into small lot |
|
purchases to circumvent [meet] the dollar limits prescribed by this |
|
section. The comptroller [commission] may not require that |
|
unrelated purchases be combined into one purchase order to exceed |
|
the dollar limits prescribed by this section. |
|
(f) [(h)] A state agency making a purchase under this |
|
section for which competitive bidding is required shall [must]: |
|
(1) [attempt to] obtain at least three competitive |
|
bids from: |
|
(A) sources listed on the master bidders list |
|
that normally offer for sale the goods being purchased; or |
|
(B) if three vendors are not available on the |
|
master bidders list, vendors in the applicable industry; and |
|
(2) comply with Subchapter E. |
|
SECTION 15. Subchapter C, Chapter 2155, Government Code, is |
|
amended by adding Section 2155.1325 to read as follows: |
|
Sec. 2155.1325. STANDARDS FOR DELEGATED PURCHASES. (a) A |
|
state agency that is preparing a solicitation for proposals for a |
|
purchase of goods or services with a purchase price that exceeds |
|
$100,000 that is delegated under this chapter or other law shall |
|
submit to the comptroller a copy of the draft solicitation with a |
|
statement of the procurement strategy for the purchase. |
|
(b) The comptroller may review the draft solicitation and |
|
procurement strategy to determine whether the state agency is |
|
following the best value and sourcing standards of Section 2155.074 |
|
to the greatest extent possible. The comptroller may: |
|
(1) recommend changes to the draft solicitation or |
|
procurement strategy, provided the written recommended changes are |
|
submitted to the state agency not later than the 30th day after the |
|
date the comptroller receives the draft solicitation and |
|
procurement strategy from the state agency; |
|
(2) partner with the state agency to ensure that the |
|
standards of this chapter are followed; |
|
(3) partner with the state agency to award a statewide |
|
contract that results from the solicitation; or |
|
(4) require the state agency to engage a consultant to |
|
assist with the solicitation to be paid from the cost savings |
|
realized under the contract, as authorized by Section 2155.082. |
|
(c) A state agency that receives the comptroller's |
|
recommended changes under Subsection (b)(1) shall: |
|
(1) accept the recommended changes; or |
|
(2) submit alternative suggestions to the comptroller |
|
for review in accordance with this section. |
|
(d) The comptroller may adopt rules to administer this |
|
section. |
|
SECTION 16. Subchapter D, Chapter 2155, Government Code, is |
|
amended by adding Section 2155.205 to read as follows: |
|
Sec. 2155.205. ACCESS BY OTHER GOVERNMENTAL ENTITIES. The |
|
comptroller may allow a governmental entity of another state to |
|
access the comptroller's statewide contracts. |
|
SECTION 17. Subsection (a), Section 2155.385, Government |
|
Code, is amended to read as follows: |
|
(a) The comptroller [If authorized by rule adopted by the
|
|
comptroller under Section 403.023, the commission] may contract |
|
with one or more credit card issuers for state agencies to use |
|
credit cards to pay for purchases. [The commission may not enter
|
|
into a contract that conflicts with the comptroller's rules.] |
|
SECTION 18. Section 2054.158, Government Code, is amended |
|
to read as follows: |
|
Sec. 2054.158. QUALITY ASSURANCE TEAM. The state auditor, |
|
comptroller, Legislative Budget Board, and department shall: |
|
(1) create a quality assurance team to perform the |
|
duties specified in this chapter and other law; and |
|
(2) specify in writing the responsibilities of the |
|
state auditor, comptroller, Legislative Budget Board, and |
|
department in performing the duties. |
|
SECTION 19. Subsection (c), Section 2151.0041, Government |
|
Code, is amended to read as follows: |
|
(c) Unless otherwise provided by the legislature by law, on |
|
September 1, 2013: |
|
(1) the powers and duties transferred to the |
|
comptroller under Section 2151.004(d) and under House Bill 3560, |
|
Acts of the 80th Legislature, Regular Session, 2007, are |
|
transferred to the Texas Facilities Commission; |
|
(2) a reference in law to the comptroller relating to a |
|
power or duty transferred under this subsection means the Texas |
|
Facilities Commission; |
|
(3) a rule or form adopted by the comptroller relating |
|
to a power or duty transferred under this subsection is a rule or |
|
form of the Texas Facilities Commission and remains in effect until |
|
altered by the commission; |
|
(4) all obligations, contracts, proceedings, cases, |
|
negotiations, funds, and employees of the comptroller relating to a |
|
power or duty transferred under this subsection are transferred to |
|
the Texas Facilities Commission; |
|
(5) all property and records in the custody of the |
|
comptroller relating to a power or duty transferred under this |
|
subsection and all funds appropriated by the legislature for |
|
purposes related to a power or duty transferred under this |
|
subsection are transferred to the Texas Facilities Commission; and |
|
(6) Section 122.0011, Human Resources Code, and the |
|
following provisions of the Government Code expire: |
|
(A) Sections 2151.004(c) and (d); |
|
(B) Section 2155.0011; |
|
(C) [Section 2155.086;
|
|
[(D) Section 2155.087;
|
|
[(E)] Section 2156.0011; |
|
(D) [(F)] Section 2157.0011; |
|
(E) [(G)] Section 2158.0011; |
|
(F) [(H)] Section 2161.0011; |
|
(G) [(I)] Section 2163.0011; |
|
(H) [(J)] Section 2170.0011; |
|
(I) [(K)] Section 2171.0011; |
|
(J) [(L)] Section 2172.0011; |
|
(K) [(M)] Section 2176.0011; and |
|
(L) [(N)] Section 2262.0011. |
|
SECTION 20. Subsection (i), Section 2166.406, Government |
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Code, is amended to read as follows: |
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(i) An energy savings performance contract shall be let |
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according to the procedures established for procuring certain |
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professional services by Section 2254.004. [Notice of the request
|
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for qualifications shall be given in the manner provided by Section
|
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2156.002.] The State Energy Conservation Office shall establish |
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guidelines and an approval process for awarding energy savings |
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performance contracts. The guidelines adopted under this |
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subsection must require that the cost savings projected by an |
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offeror be reviewed by a licensed professional engineer who has a |
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minimum of three years of experience in energy calculation and |
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review, is not an officer or employee of an offeror for the contract |
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under review, and is not otherwise associated with the contract. In |
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conducting the review, the engineer shall focus primarily on the |
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proposed improvements from an engineering perspective, the |
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methodology and calculations related to cost savings, increases in |
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revenue, and, if applicable, efficiency or accuracy of metering |
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equipment. An engineer who reviews a contract shall maintain the |
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confidentiality of any proprietary information the engineer |
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acquires while reviewing the contract. An energy savings |
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performance contract may not be entered into unless the contract |
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has been approved by the State Energy Conservation Office. |
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Sections 1001.053 and 1001.407, Occupations Code, apply to work |
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performed under the contract. |
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SECTION 21. Subsection (i), Section 51.927, Education Code, |
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is amended to read as follows: |
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(i) An energy savings performance contract shall be let |
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according to the procedures established for procuring certain |
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professional services by Section 2254.004, Government Code. |
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[Notice of the request for qualifications shall be given in the
|
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manner provided by Section 2156.002, Government Code.] The Texas |
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Higher Education Coordinating Board, in consultation with the State |
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Energy Conservation Office with regard to energy and water |
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conservation measures, shall establish guidelines and an approval |
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process for awarding energy savings performance contracts. The |
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guidelines must require that the cost savings projected by an |
|
offeror be reviewed by a licensed professional engineer who has a |
|
minimum of three years of experience in energy calculation and |
|
review, is not an officer or employee of an offeror for the contract |
|
under review, and is not otherwise associated with the contract. In |
|
conducting the review, the engineer shall focus primarily on the |
|
proposed improvements from an engineering perspective, the |
|
methodology and calculations related to cost savings, increases in |
|
revenue, and, if applicable, efficiency or accuracy of metering |
|
equipment. An engineer who reviews a contract shall maintain the |
|
confidentiality of any proprietary information the engineer |
|
acquires while reviewing the contract. A contract is not required |
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to be reviewed or approved by the State Energy Conservation Office. |
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Sections 1001.053 and 1001.407, Occupations Code, apply to work |
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performed under the contract. |
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SECTION 22. The following sections of the Government Code |
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are repealed: |
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(1) Section 2155.086; |
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(2) Section 2155.087; |
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(3) Section 2155.138; |
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(4) Section 2155.141; and |
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(5) Section 2156.002. |
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SECTION 23. This Act takes effect immediately if it |
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receives a vote of two-thirds of all the members elected to each |
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house, as provided by Section 39, Article III, Texas Constitution. |
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If this Act does not receive the vote necessary for immediate |
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effect, this Act takes effect September 1, 2011. |