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A BILL TO BE ENTITLED
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AN ACT
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relating to the establishment of the contract management division |
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of the Legislative Budget Board. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 2262, Government Code, is amended by |
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adding Subchapter E to read as follows: |
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SUBCHAPTER E. CONTRACT MANAGEMENT DIVISION |
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Sec. 2262.201. DEFINITION. In this subchapter, "division" |
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means the contract management division established by the |
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Legislative Budget Board under this subchapter. |
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Sec. 2262.202. ESTABLISHMENT; GENERAL DUTIES. (a) The |
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Legislative Budget Board shall establish a contract management |
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division to: |
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(1) provide recommendations and assistance to state |
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agency personnel throughout the contract management process; and |
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(2) review all contracts that have a value of at least |
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$5 million and identify certain contracts that are experiencing |
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cost overruns or performance failure or are otherwise demonstrating |
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poor management. |
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(b) For contracts identified under Subsection (a)(2), the |
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division shall: |
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(1) contact the state agency that executed the |
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contract to report on the issues identified by the division; and |
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(2) develop with the state agency a plan to address the |
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contract issues. |
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(c) The division shall notify the Legislative Budget Board |
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as soon as practicable if: |
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(1) the division is unable to develop a plan under |
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Subsection (b)(2) with a state agency; or |
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(2) a state agency fails to implement a plan developed |
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under Subsection (b)(2). |
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(d) If, after consultation with the division, the |
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Legislative Budget Board determines that further action is |
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necessary to prevent loss to the state from a contract for which a |
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plan was not developed or implemented as described by Subsection |
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(c)(1) or (2), the division shall: |
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(1) provide written notice to the governor of the risk |
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of loss to the state from the contract along with contract |
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documentation; and |
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(2) send a copy of the notice to the state agency that |
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executed the contract. |
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(e) The governor's office shall review the contract |
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documentation and consult with the division before making a |
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determination on whether to contact the governing body of the state |
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agency or the single state officer who governs the state agency to |
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work together to prevent loss to the state from the contract. |
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(f) A state agency shall provide the division any |
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information necessary for the division to perform the division's |
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duties under this section. |
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Sec. 2262.203. RULES. The Legislative Budget Board may |
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adopt rules to implement this subchapter. |
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SECTION 2. Subchapter E, Chapter 2262, Government Code, as |
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added by this Act, applies only to a contract for which a state |
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agency first advertises or otherwise solicits bids, proposals, |
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offers, or qualifications on or after the effective date of this |
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Act. |
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SECTION 3. This Act takes effect September 1, 2015. |