BILL ANALYSIS

C.S.H.B. 3688

By: Naishtat

State Affairs

Committee Report (Substituted)

BACKGROUND AND PURPOSE

The Department of Information Resources (DIR) is responsible for overseeing the state's management of government information and communications technology. DIR provides a range of information technology and telecommunications products and services to state agencies and other eligible entities, primarily by procuring and administering contracts on behalf of the state. Interested parties assert that DIR should consider environmental criteria, in addition to cost and performance considerations, in procuring such products. C.S.H.B. 3688 seeks to address this issue relating to the purchase of computer equipment by DIR.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

C.S.H.B. 3688 amends the Government Code to require the Department of Information Resources (DIR) to ensure that each solicitation by DIR for computer equipment requires a vendor to report on progress toward Electronic Product Environmental Assessment Tool (EPEAT) certification of computer equipment; to identify all EPEAT certified computer equipment offered by the vendor; and to report to DIR on a form adopted by DIR state agency purchases of computer equipment from the vendor that are EPEAT certified, if the vendor is awarded a contract for computer equipment.

EFFECTIVE DATE

On passage, or, if the bill does not receive the necessary vote, September 1, 2013.

COMPARISON OF ORIGINAL AND SUBSTITUTE

While C.S.H.B. 3688 may differ from the original in minor or nonsubstantive ways, the following comparison is organized and highlighted in a manner that indicates the substantial differences between the introduced and committee substitute versions of the bill.

INTRODUCED	HOUSE COMMITTEE SUBSTITUTE
SECTION 1.  Subchapter B, Chapter 2157, Government Code, is amended by adding Section 2157.069 to read as follows: Sec. 2157.069.  PURCHASE OF COMPUTER EQUIPMENT.  (a)  In this section: (1)  "Computer equipment" has the meaning assigned by Section 361.952, Health and Safety Code. (2)  "EPEAT" means the Electronic Product Environmental Assessment Tool operated by the Green Electronics Council. (b)  The department shall ensure that: (1)  75 percent of all computer equipment purchased on or after September 1, 2014, meets standards at least as stringent as those necessary to achieve a bronze registration under EPEAT; (2)  85 percent of all computer equipment purchased on or after September 1, 2015, meets standards at least as stringent as those necessary to achieve a silver registration under EPEAT; and (3)  95 percent of all computer equipment purchased on or after September 1, 2016, meets standards at least as stringent as those necessary to achieve a gold registration under EPEAT.	SECTION 1.  Subchapter B, Chapter 2157, Government Code, is amended by adding Section 2157.069 to read as follows: Sec. 2157.069.  PURCHASE OF COMPUTER EQUIPMENT.  (a)  In this section: (1)  "Computer equipment" has the meaning assigned by Section 361.952, Health and Safety Code. (2)  "EPEAT" means the Electronic Product Environmental Assessment Tool operated by the Green Electronics Council. (b)  The department shall ensure that each solicitation by the department for computer equipment requires a vendor to: (1)  report on progress toward EPEAT certification of computer equipment; (2)  identify all EPEAT certified computer equipment offered by the vendor; and (3)  report to the department on a form adopted by the department state agency purchases of computer equipment from the vendor that are EPEAT certified, if the vendor is awarded a contract for computer equipment.
SECTION 2.  This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution.  If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2013.	SECTION 2. Same as introduced version.