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A BILL TO BE ENTITLED
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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 Subsection (f-1) to |
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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 commodity item is not available for purchase |
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under an existing contract developed by the department. |
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(f-1) A state agency may purchase a commodity item through a |
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contract developed by a local government purchasing cooperative |
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under Chapter 791 if the commodity item is not available for |
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purchase under an existing contract developed by the department. |
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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. |