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A BILL TO BE ENTITLED
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AN ACT
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relating to the review of and notifications regarding certain state |
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contracts. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 2262.101, Government Code, as amended by |
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Chapters 676 (H.B. 1965) and 1227 (S.B. 1681), Acts of the 83rd |
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Legislature, Regular Session, 2013, is reenacted and 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 contract documents for contracts of |
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state agencies that have a value of at least $10 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; |
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(3) providing recommendations to the comptroller |
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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) [(4)] developing and recommending policies and |
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procedures to improve state agency contract management practices; |
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(7) [(5)] developing and recommending procedures to |
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improve state agency contracting practices by including |
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consideration for best value; [and] |
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(8) [(6)] creating and periodically performing a risk |
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assessment to determine the appropriate level of management and |
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oversight of contracts by state agencies; and |
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(9) after being notified by a state agency of a |
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contract of the agency for which a change order, contract |
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amendment, contract renewal or extension, or other action results |
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in a change to the monetary value of the contract by more than 20 |
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percent, reviewing the change order, contract amendment, contract |
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renewal or extension, or other action, as applicable, to: |
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(A) determine whether the action is justified |
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considering the circumstances; and |
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(B) if the team determines the action is not |
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justified, forwarding the contract to the comptroller for |
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notification under Subsection (g). |
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(b) The risk assessment created and performed [reviewed] |
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under Subsection (a)(8) [(a)(6)] must include[, but is not limited
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to] the following criteria: |
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(1) the amount of appropriations to the agency; |
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(2) total contract value as a percentage of |
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appropriations to the agency; or |
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(3) the impact of the functions and duties of the state |
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agency on the health, safety, and well-being of residents |
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[citizens]. |
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(c) 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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Subsections [Subsection] (a)(5) and (a)(7). |
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(d) 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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(e) 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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(f) The team may develop an expedited process for reviewing |
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solicitations under Subsection (a)(1) for contracts: |
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(1) that the team identifies as posing a low risk of |
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loss to the state; or |
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(2) for which templates will be used more than once by |
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a state agency. |
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(g) The comptroller shall, for each contract of a state |
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agency forwarded under Subsection (a)(9), notify: |
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(1) the governing body of the agency or the single |
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state officer who governs the agency; |
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(2) the Legislative Budget Board; and |
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(3) each member of the senate and house of |
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representatives. |
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SECTION 2. Section 2262.101, Government Code, as amended by |
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this Act, applies only to a change order, contract amendment, |
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contract renewal or extension, or other action made on or after the |
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effective date of this Act. |
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SECTION 3. To the extent of any conflict, this Act prevails |
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over another Act of the 84th Legislature, Regular Session, 2015, |
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relating to nonsubstantive additions to and corrections in enacted |
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codes. |
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SECTION 4. This Act takes effect September 1, 2015. |