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A BILL TO BE ENTITLED
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AN ACT
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relating to state purchase of information technology commodity |
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items. |
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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 to |
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read as follows: |
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(a) In this section, "commodity items" means commercial |
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software, hardware, or technology services, other than |
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telecommunications services, that are generally available to |
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businesses or the public and for which the department determines |
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that a reasonable demand exists in two or more state agencies. The |
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term includes seat management, through which a state agency |
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transfers its personal computer equipment and service |
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responsibilities to a private vendor to manage the personal |
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computing needs for each desktop in the state agency, including all |
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necessary hardware, software, and support services. |
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(b) The department shall negotiate with vendors to obtain |
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the best value for the state in the purchase of commodity items. |
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The department may consider strategic sourcing and other |
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methodologies to select the vendor offering the best value on |
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commodity items. The terms and conditions of a license agreement |
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between a vendor and the department under this section may not be |
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less favorable to the state than the terms of similar license |
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agreements between the vendor and retail distributors. |
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(c) In contracting for commodity items under this section, |
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the department shall make good faith efforts to provide contracting |
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opportunities for, and to increase contract awards to, historically |
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underutilized businesses and persons with disabilities' products |
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and services available under Chapter 122, Human Resources Code. |
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(d) The department may charge a reasonable administrative |
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fee to a state agency, political subdivision of this state, or |
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governmental entity of another state that purchases commodity items |
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through the department in an amount that is sufficient to recover |
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costs associated with the administration of this section. Revenue |
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derived from the collection of fees imposed under this subsection |
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may be appropriated to the department for: |
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(1) developing statewide information resources |
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technology policies and planning under Chapters 2054 and 2059; and |
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(2) providing shared information resources technology |
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services under Chapter 2054. |
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(e) The department shall compile and maintain a list of |
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commodity items available for purchase through the department that |
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have a lower price than the prices for commodity items otherwise |
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available to state agencies under this chapter. The department |
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shall make the list available on the world wide web or on a suitable |
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successor to the world wide web if the technological developments |
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involving the Internet make it advisable to do so. |
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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) an exemption from the department; or
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[(2)
express prior approval from the Legislative
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Budget Board for the expenditure necessary for the purchase.
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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)(2).
A state agency must
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request an exemption from the department under Subsection (f)(1)
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before seeking prior approval from the Legislative Budget Board
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under Subsection (f)(2).] |
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[(h)] (f) The department shall, in cooperation with state |
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agencies, establish guidelines for the classification of commodity |
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items under this section. The department may determine when a |
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statewide vendor solicitation for a commodity item will reduce |
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purchase prices for a state agency. |
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[(i)
Unless the agency has express statutory authority to
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employ a best value purchasing method other than a purchasing
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method designated by the commission under Section 2157.006(a)(2), a
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state agency shall use a purchasing method provided by Section
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2157.006(a) when purchasing a commodity item if:
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[(1)
the agency has obtained an exemption from the
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department or approval from the Legislative Budget Board under
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Subsection (f); or
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[(2)
the agency is otherwise exempt from this
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section.] |
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SECTION 2. This Act takes effect September 1, 2013. |