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AN ACT
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relating to the purchase of certain commodity items by a state |
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agency. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 2157.068, Government Code, is amended by |
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amending Subsections (f) and (g) and adding Subsections (f-1) and |
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(f-2) to read as follows: |
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(f) The department may adopt rules regulating a purchase by |
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a state agency of a commodity item under this section, including a |
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requirement that, notwithstanding other provisions of this |
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chapter, the agency must make the purchase in accordance with a |
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contract developed by the department unless [the agency obtains]: |
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(1) the agency obtains: |
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(A) an exemption from the department; or |
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(B) [(2)] express prior approval from the |
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Legislative Budget Board for the expenditure necessary for the |
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purchase; or |
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(2) the department certifies in writing that the |
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commodity item is not available for purchase under an existing |
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contract developed by the department. |
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(f-1) Subject to Subsection (f-2), a state agency may |
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purchase a commodity item through a contract developed by a local |
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government purchasing cooperative under Chapter 791 if the |
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department certifies in writing that the commodity item is not |
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available for purchase under an existing contract developed by the |
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department. |
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(f-2) A contract used by a state agency that purchases a |
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commodity item through a contract described by Subsection (f-1) is |
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subject to all provisions required by applicable law to be included |
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in a state agency contract without regard to whether: |
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(1) the provision appears on the face of the contract; |
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or |
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(2) the contract includes any provision to the |
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contrary. |
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(g) The Legislative Budget Board's approval of a biennial |
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operating plan under Section 2054.102 is not an express prior |
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approval for purposes of Subsection (f)(1)(B) [(f)(2)]. A state |
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agency must request an exemption from the department under |
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Subsection (f)(1)(A) [(f)(1)] before seeking prior approval from |
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the Legislative Budget Board under Subsection (f)(1)(B) [(f)(2)]. |
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SECTION 2. This Act takes effect September 1, 2013. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 1994 was passed by the House on April |
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18, 2013, by the following vote: Yeas 143, Nays 0, 2 present, not |
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voting; and that the House concurred in Senate amendments to H.B. |
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No. 1994 on May 9, 2013, by the following vote: Yeas 137, Nays 0, 2 |
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present, not voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 1994 was passed by the Senate, with |
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amendments, on May 6, 2013, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: __________________ |
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Date |
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__________________ |
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Governor |