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A BILL TO BE ENTITLED
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AN ACT
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relating to the performance of certain state purchasing contracts. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter B, Chapter 2155, Government Code, is |
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amended by adding Section 2155.088 to read as follows: |
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Sec. 2155.088. MATERIAL CHANGES TO CONTRACTS. (a) |
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Notwithstanding any other law, the performance of a contract for |
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goods or services awarded under this chapter must substantially |
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comply with the terms contained in the written solicitation for the |
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contract and the terms considered in awarding the contract, |
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including terms regarding cost of materials or labor, duration, |
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price, schedule, and scope. |
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(b) After a contract for goods or services is awarded under |
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this chapter, a state agency, including the comptroller, must hold |
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a public hearing before approving a material change to the |
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contract. For purposes of this section, a material change |
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includes: |
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(1) extending the length of or postponing the |
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completion of a contract for six months or more; or |
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(2) increasing the total consideration to be paid |
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under a contract by at least five percent, including by |
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substituting certain goods, materials, products, or services. |
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SECTION 2. Section 2155.088, Government Code, as added by |
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this Act, applies only to a contract for goods or services awarded |
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under Chapter 2155, Government Code, on or after the effective date |
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of this Act. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2013. |