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A BILL TO BE ENTITLED
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AN ACT
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relating to oversight and management of state contracts. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter A, Chapter 2262, Government Code, is |
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amended by adding Sections 2262.0015 and 2262.005 to read as |
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follows: |
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Sec. 2262.0015. APPLICABILITY TO CERTAIN CONTRACTS. (a) |
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The comptroller by rule shall establish threshold requirements that |
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exclude small or routine contracts, including purchase orders, from |
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the application of this chapter. |
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(b) This chapter does not apply to an enrollment contract |
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described by 1 T.A.C. Section 391.183 as that section existed on |
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November 1, 2013. |
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Sec. 2262.005. CONSULTATION WITH STATE AGENCIES. The |
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comptroller shall consult with state agencies in developing forms, |
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contract terms, and criteria required under this chapter. |
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SECTION 2. The heading to Section 2262.053, Government |
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Code, is amended to read as follows: |
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Sec. 2262.053. TRAINING FOR CONTRACT MANAGERS. |
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SECTION 3. Section 2262.053, Government Code, is amended by |
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amending Subsections (a) and (d) and adding Subsections (e) and (f) |
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to read as follows: |
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(a) In coordination with the [comptroller,] Department of |
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Information Resources, [and] state auditor, and Health and Human |
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Services Commission, the comptroller [commission] shall develop |
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[or administer] a training program for contract managers. |
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(d) The comptroller [Texas Building and Procurement
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Commission] shall administer the training program under this |
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section. |
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(e) The comptroller shall certify contract managers who |
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have completed the contract management training required under this |
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section. |
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(f) A state agency may develop qualified contract manager |
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training to supplement the training required under this section. |
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The comptroller may incorporate the training developed by the |
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agency into the training program under this section. |
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SECTION 4. Subchapter B, Chapter 2262, Government Code, is |
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amended by adding Sections 2262.0535 and 2262.055 to read as |
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follows: |
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Sec. 2262.0535. TRAINING FOR GOVERNING BODIES. (a) The |
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comptroller shall adapt the program developed under Section |
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2262.053 to provide an abbreviated program for training the members |
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of the governing bodies of state agencies. The training may be |
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provided together with other required training for members of state |
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agency governing bodies. |
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(b) All members of the governing body of a state agency |
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shall complete at least one course of the training provided under |
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this section. This subsection does not apply to a state agency that |
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does not enter into any contracts. |
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Sec. 2262.055. VENDOR PERFORMANCE TRACKING SYSTEM. (a) |
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The comptroller shall evaluate the vendor's performance based on |
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information reported by state agencies and criteria established by |
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the comptroller. |
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(b) The comptroller shall establish an evaluation process |
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that allows vendors who receive an unfavorable performance review |
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to protest any classification given by the comptroller. |
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(c) The comptroller shall include the performance reviews |
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in a vendor performance tracking system. |
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SECTION 5. Section 2262.101, Government Code, is amended to |
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read as follows: |
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Sec. 2262.101. CREATION; DUTIES. (a) The Contract |
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Advisory Team is created to assist state agencies in improving |
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contract management practices by: |
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(1) reviewing and making recommendations on the |
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solicitation documents and final contract documents for [of major] |
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contracts of [by] state agencies that have a value of at least $10 |
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million but not more than $100 million; |
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(2) reviewing any findings or recommendations made by |
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the state auditor, including those made under Section 2262.052(b), |
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regarding a state agency's compliance with the contract management |
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guide; [and] |
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(3) providing recommendations to the comptroller |
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[commission] regarding: |
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(A) the development of the contract management |
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guide; and |
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(B) the training under Section 2262.053; |
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(4) providing recommendations and assistance to state |
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agency personnel throughout the contract management process; |
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(5) coordinating and consulting with the quality |
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assurance team established under Section 2054.158 on all contracts |
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relating to a major information resources project; and |
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(6) reviewing, making recommendations, and approving |
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contracts under Section 2262.104. |
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(b) The comptroller shall oversee the activities of the |
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team, including ensuring that the team carries out its duties under |
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Subsection (a)(5). |
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(c) A state agency shall: |
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(1) comply with a recommendation made under Subsection |
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(a)(1); or |
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(2) submit a written explanation regarding why the |
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recommendation is not applicable to the contract under review. |
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(d) The team may review documents under Subsection (a)(1) |
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only for compliance with contract management and best practices |
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principles and may not make a recommendation regarding the purpose |
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or subject of the contract. |
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SECTION 6. Section 2262.102, Government Code, is amended by |
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amending Subsection (a) and adding Subsection (c) to read as |
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follows: |
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(a) The team consists of the following five members: |
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(1) one member from the attorney general's office; |
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(2) one member from the comptroller's office; |
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(3) one member from the Department of Information |
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Resources; |
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(4) [one member from the Texas Building and
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Procurement Commission; and
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[(5)] one member from the governor's office; and |
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(5) one member from a small state agency. |
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(c) In this section, "small state agency" means a state |
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agency with fewer than 100 employees. |
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SECTION 7. Subchapter C, Chapter 2262, Government Code, is |
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amended by adding Section 2262.104 to read as follows: |
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Sec. 2262.104. REVIEW AND APPROVAL. Each state agency |
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shall receive recommendations and approval from the team before |
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taking the following actions in relation to a contract that has a |
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value of more than $100 million: |
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(1) publicly releasing solicitation documents; and |
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(2) executing a final contract. |
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SECTION 8. Chapter 2262, Government Code, is amended by |
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adding Subchapter D to read as follows: |
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SUBCHAPTER D. CONTRACT FORMS AND PROVISIONS |
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Sec. 2262.151. CONTRACT TERMS RELATING TO NONCOMPLIANCE. |
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(a) The comptroller shall develop recommendations for contract |
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terms regarding remedies for noncompliance by contractors, |
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including remedies for noncompliance with any required disclosure |
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of conflicts of interest by contractors. The comptroller may |
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develop recommended contract terms that are generally applicable to |
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state contracts and terms that are applicable to important types of |
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state contracts. |
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(b) A state agency may include applicable recommended terms |
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in a contract entered into by the agency. |
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Sec. 2262.152. UNIFORM FORMS. The comptroller shall |
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develop and make available a uniform and automated set of forms that |
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a state agency may use in the different stages of the contracting |
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process. |
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Sec. 2262.153. FORMS FOR REPORTING CONTRACTOR PERFORMANCE. |
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As part of the uniform forms published under Section 2262.152, the |
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comptroller shall develop forms for use by state agencies in |
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reporting a contractor's performance for use in the vendor |
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performance tracking system under Section 2262.055. |
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SECTION 9. Section 2262.003, Government Code, is |
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transferred to Subchapter D, Chapter 2262, Government Code, as |
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added by this Act, redesignated as Section 2262.154, Government |
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Code, and amended to read as follows: |
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Sec. 2262.154 [2262.003]. REQUIRED [CONTRACT] PROVISION |
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RELATING TO AUDITING. (a) Each state agency shall include in each |
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of its contracts a term that provides that: |
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(1) the state auditor may conduct an audit or |
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investigation of any entity receiving funds from the state directly |
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under the contract or indirectly through a subcontract under the |
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contract; |
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(2) acceptance of funds directly under the contract or |
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indirectly through a subcontract under the contract acts as |
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acceptance of the authority of the state auditor, under the |
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direction of the legislative audit committee, to conduct an audit |
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or investigation in connection with those funds; and |
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(3) under the direction of the legislative audit |
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committee, an entity that is the subject of an audit or |
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investigation by the state auditor must provide the state auditor |
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with access to any information the state auditor considers relevant |
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to the investigation or audit. |
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(b) The state auditor shall provide assistance to a state |
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agency in developing the contract provisions. |
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SECTION 10. Subsection (f), Section 2262.051, Government |
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Code, is repealed. |
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SECTION 11. Not later than May 1, 2014, the comptroller of |
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public accounts shall develop the training program required by |
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Section 2262.053, Government Code, as amended by this Act, and |
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Section 2262.0535, Government Code, as added by this Act. |
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SECTION 12. A member of a governing body of a state agency |
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is not required to complete the training provided under Section |
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2262.0535, Government Code, as added by this Act, until September |
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1, 2015. |
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SECTION 13. The comptroller of public accounts shall use |
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the vendor performance tracking system established by the |
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comptroller before the effective date of this Act in carrying out |
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the comptroller's duties under Section 2262.055, Government Code, |
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as added by this Act. |
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SECTION 14. A contract manager is not required to be |
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certified under Chapter 2262, Government Code, as amended by this |
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Act, until September 1, 2015. |
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SECTION 15. As soon as practicable, and not later than May |
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1, 2014, the comptroller of public accounts and Contract Advisory |
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Team shall develop the forms and recommendations required by this |
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Act, including Sections 2262.151, 2262.152, and 2262.153, |
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Government Code, as added by this Act. |
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SECTION 16. This Act takes effect November 1, 2013. |
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