84R5409 MTB-D

By: Uresti S.B. No. 705

A BILL TO BE ENTITLED

AN ACT

relating to the review of and notifications regarding certain state contracts.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 2262.101, Government Code, as amended by Chapters 676 (H.B. 1965) and 1227 (S.B. 1681), Acts of the 83rd Legislature, Regular Session, 2013, is reenacted and amended to read as follows:

Sec. 2262.101. CREATION; DUTIES. (a) The Contract Advisory Team is created to assist state agencies in improving contract management practices by:

(1) reviewing and making recommendations on the solicitation documents and contract documents for contracts of state agencies that have a value of at least $10 million;

(2) reviewing any findings or recommendations made by the state auditor, including those made under Section 2262.052(b), regarding a state agency's compliance with the contract management guide;

(3) providing recommendations to the comptroller regarding:

(A) the development of the contract management guide; and

(B) the training under Section 2262.053;

(4) providing recommendations and assistance to state agency personnel throughout the contract management process;

(5) coordinating and consulting with the quality assurance team established under Section 2054.158 on all contracts relating to a major information resources project; [and]

(6) [(4)] developing and recommending policies and procedures to improve state agency contract management practices;

(7) [(5)] developing and recommending procedures to improve state agency contracting practices by including consideration for best value; [and]

(8) [(6)] creating and periodically performing a risk assessment to determine the appropriate level of management and oversight of contracts by state agencies; and

(9) after being notified by a state agency of a contract of the agency for which a change order, contract amendment, contract renewal or extension, or other action results in a change to the monetary value of the contract by more than 20 percent, reviewing the change order, contract amendment, contract renewal or extension, or other action, as applicable, to:

(A) determine whether the action is justified considering the circumstances; and

(B) if the team determines the action is not justified, forwarding the contract to the comptroller for notification under Subsection (g).

(b) The risk assessment created and performed [reviewed] under Subsection (a)(8) [(a)(6)] must include[, but is not limited to] the following criteria:

(1) the amount of appropriations to the agency;

(2) total contract value as a percentage of appropriations to the agency; or

(3) the impact of the functions and duties of the state agency on the health, safety, and well-being of residents [citizens].

(c) The comptroller shall oversee the activities of the team, including ensuring that the team carries out its duties under Subsections [Subsection] (a)(5) and (a)(7).

(d) A state agency shall:

(1) comply with a recommendation made under Subsection (a)(1); or

(2) submit a written explanation regarding why the recommendation is not applicable to the contract under review.

(e) The team may review documents under Subsection (a)(1) only for compliance with contract management and best practices principles and may not make a recommendation regarding the purpose or subject of the contract.

(f) The team may develop an expedited process for reviewing solicitations under Subsection (a)(1) for contracts:

(1) that the team identifies as posing a low risk of loss to the state; or

(2) for which templates will be used more than once by a state agency.

(g) The comptroller shall, for each contract of a state agency forwarded under Subsection (a)(9), notify:

(1) the governing body of the agency or the single state officer who governs the agency;

(2) the Legislative Budget Board; and

(3) each member of the senate and house of representatives.

SECTION 2. Section 2262.101, Government Code, as amended by this Act, applies only to a change order, contract amendment, contract renewal or extension, or other action made on or after the effective date of this Act.

SECTION 3. To the extent of any conflict, this Act prevails over another Act of the 84th Legislature, Regular Session, 2015, relating to nonsubstantive additions to and corrections in enacted codes.

SECTION 4. This Act takes effect September 1, 2015.