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A BILL TO BE ENTITLED
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AN ACT
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relating to training for state employees, including procurement and |
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contract management training; authorizing fees. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 656.047, Government Code, is amended to |
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read as follows: |
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Sec. 656.047. PAYMENT OF PROGRAM EXPENSES. (a) A state |
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agency may spend public funds as appropriate to pay the salary, |
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tuition and other fees, travel and living expenses, training |
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stipend, expense of training materials, and other necessary |
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expenses of an instructor, student, or other participant in a |
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training or education program. |
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(b) A state agency that spends more than $5,000 in a state |
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fiscal year for a training or education program for any individual |
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employee shall not later than August 31 of that year submit to the |
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Legislative Budget Board a report including: |
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(1) a list of the employees participating in a |
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training or education program and receiving payment from the |
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agency; |
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(2) the amount spent on each employee; and |
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(3) the certification earned by each employee through |
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the training or education program. |
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SECTION 2. Subchapter C, Chapter 656, Government Code, is |
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amended by adding Section 656.054 to read as follows: |
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Sec. 656.054. TRAINING BY COMPTROLLER. (a) The |
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comptroller shall develop each training program provided by the |
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comptroller under this subchapter to meet the needs of a state |
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agency. |
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(b) On an annual basis the comptroller will assess the |
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number of employees requiring procurement or contract management |
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training and will maintain a regular schedule of classes to |
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accommodate that number. |
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(c) The comptroller may use its own staff or contract with |
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private entities or other state agencies to conduct the training. |
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(d) The comptroller may assess a fee for a training program |
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in an amount not to exceed the costs incurred by the comptroller to |
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provide the training program under this subchapter. |
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SECTION 3. Sections 2054.057, 2155.078, 2262.053, and |
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2262.0535, Government Code, are transferred to Subchapter C, |
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Chapter 656, Government Code, redesignated as Sections 656.050, |
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656.051, 656.052, and 656.053, Government Code, respectively, and |
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amended to read as follows: |
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Sec. 656.050 [2054.057]. TRAINING IN CONTRACT NEGOTIATION. |
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(a) In this section: |
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(1) "Department" means the Department of Information |
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Resources. |
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(2) "Information resources technologies" has the |
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meaning assigned by Section 2054.003. |
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(a-1) The department, with the cooperation of the |
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comptroller and other appropriate state agencies, shall develop and |
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implement a program to train state agency personnel in effectively |
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negotiating contracts for the purchase of information resources |
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technologies. |
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(b) The department shall make the training available to |
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state agency personnel who are directly or indirectly involved in |
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contract negotiations, such as senior or operational management, |
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purchasers, users of the purchased technologies, and personnel with |
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relevant technical, legal, or financial knowledge. State agency |
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personnel directly involved in contract negotiations for the |
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purchase of information resources technologies shall complete the |
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training developed by the department. |
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(c) The department shall include in the training: |
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(1) information on developing a structured purchasing |
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method that meets an agency's needs; |
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(2) information drawn from the state's previous |
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procurement experience about what is or is not advantageous for the |
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state; |
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(3) the perspective of state agencies with oversight |
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responsibilities related to the state's procurement of information |
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resources technologies; [and] |
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(4) information on how to use contracts entered into |
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by the department under Section 2157.068; and |
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(5) other information that the department considers |
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to be useful. |
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(d) The department may use its own staff or contract with |
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private entities or other state agencies to conduct the training. |
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Sec. 656.051 [2155.078]. TRAINING AND CERTIFICATION OF |
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STATE AGENCY PURCHASING PERSONNEL AND VENDORS. (a) The |
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comptroller [commission] shall establish and administer a system of |
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training, continuing education, and certification for state agency |
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purchasing personnel. The comptroller [commission] may establish |
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and offer appropriate training to vendors on a cost recovery basis. |
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The comptroller [commission] may adopt rules to administer this |
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section, including rules relating to monitoring a certified |
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purchaser's compliance with the continuing education requirements |
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of this section. |
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(b) Except as provided by Subsection (n), all state agency |
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purchasing personnel, including agencies exempted from the |
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purchasing authority of the comptroller [commission], must receive |
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the training and continuing education to the extent required by |
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comptroller rule [of the commission]. A state agency employee who |
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is required to receive the training may not participate in |
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purchases by the employing agency unless the employee has received |
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the required training or received equivalent training from a |
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national association recognized by the comptroller [commission]. |
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The equivalent training may count, as provided by Subsection (k), |
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toward the continuing education requirements. |
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(c) The comptroller [commission] shall set and collect a fee |
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from state agencies that employ purchasing personnel. The |
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comptroller [commission] shall set the fee in an amount that |
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recovers the comptroller's [commission's] costs under this section. |
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(d) The comptroller [commission] may provide training, |
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continuing education, and certification under this section to |
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purchasing personnel employed by a political subdivision or other |
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public entity of the state. Political subdivision purchasing |
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personnel may receive, but are not required to receive, the |
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training, continuing education, or certification provided under |
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this section. The comptroller [commission] shall collect the fees |
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described by Subsection (c) for training, education, or |
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certification under this subsection. |
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(e) The comptroller [commission] may provide training and |
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continuing education under this section using the comptroller's |
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[its] own personnel or through contracts with private entities. |
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The comptroller [commission] may also, by agreement with a public |
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entity, use the services of persons employed by the public entity to |
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provide training and continuing education under this section. |
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(f) The comptroller [commission] shall provide at least |
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three levels of training under this section. |
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(g) The basic training level must include an introduction to |
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contract purchasing methods, ethical issues affecting purchasing |
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decisions, and instruction in any other processes and issues that |
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the comptroller [commission] considers appropriate for |
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introductory purchasing training. |
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(h) The second training level must include advanced |
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instruction in formal and informal bidding methods, introduction to |
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negotiation methods, instruction in writing specifications, and |
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instruction in any other processes and issues that the comptroller |
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[commission] considers appropriate for the second level of |
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purchasing training. |
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(i) The third training level must include an introduction to |
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complex negotiations, instruction in the criteria for determining |
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which product or service offers the best value for the state, and |
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instruction in any other processes and issues that the comptroller |
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[commission] considers appropriate for advanced purchasing |
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training. |
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(j) The comptroller [commission] may prescribe the |
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circumstances under which a state agency may delegate to a |
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certified purchaser signature purchasing authority to approve |
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purchase orders. |
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(k) The comptroller [commission] shall require a reasonable |
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number of hours of continuing education to maintain a certification |
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level. The comptroller [commission] may allow attendance at |
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equivalent certification training recognized by the comptroller |
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[commission] to count toward the required number of hours. |
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Maintenance of the certification level may be by yearly renewal or |
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another reasonable renewal period comparable to nationally |
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recognized certification requirements. |
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(l) The comptroller's [commission's] prerequisites for |
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receiving a level-two purchaser certification must include |
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completion of the basic training level, passage of a written |
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examination, and a minimum number of years of purchasing experience |
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prescribed by the comptroller [commission]. |
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(m) The comptroller's [commission's] prerequisites for |
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receiving a level-three purchaser certification must include |
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completion of the second training level, passage of a written |
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examination, and a minimum of three years of purchasing experience. |
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(n) This section does not apply to an institution to which |
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Section 51.9335, Education Code, applies or to an institution to |
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which Section 73.115, Education Code, applies. |
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Sec. 656.052 [2262.053]. TRAINING FOR CONTRACT MANAGERS. |
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(a) In this section: |
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(1) "Contract management guide" means the guide |
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developed under Section 2262.051. |
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(2) "Contract manager" has the meaning assigned by |
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Section 2262.001. |
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(a-1) In coordination with the Department of Information |
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Resources, state auditor, and Health and Human Services Commission, |
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the comptroller shall develop a training program for contract |
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managers. |
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(b) The training must provide the contract manager with |
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information regarding how to: |
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(1) fairly and objectively select and negotiate with |
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the most qualified contractor; |
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(2) establish prices that are cost-effective and that |
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reflect the cost of providing the service; |
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(3) include provisions in a contract that hold the |
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contractor accountable for results; |
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(4) monitor and enforce a contract; |
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(5) make payments consistent with the contract; |
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(6) comply with any requirements or goals contained in |
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the contract management guide; [and] |
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(7) use and apply advanced sourcing strategies, |
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techniques, and tools; |
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(8) maintain required documentation for contracting |
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decisions, changes to a contract, and problems with a contract; |
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(9) create a risk evaluation and mitigation strategy; |
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(10) create a plan for potential problems with the |
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contract; |
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(11) develop an accurate and comprehensive statement |
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of work; and |
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(12) complete the contract and evaluate performance |
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under the contract. |
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(c) Each state agency shall ensure that the agency's |
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contract managers complete the training developed under this |
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section. |
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(d) The comptroller shall administer training 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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(g) The comptroller shall develop and administer an |
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abbreviated training program meeting the relevant training |
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requirements under this section for state agency employees, other |
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than contract managers, with contract management duties. |
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Sec. 656.053 [2262.0535]. TRAINING FOR GOVERNING BODIES. |
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(a) In this section, "state agency" has the meaning assigned by |
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Section 2056.001. |
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(a-1) The comptroller shall adapt the program developed |
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under Section 656.052 [2262.053] to provide an abbreviated program |
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for training the members of the governing bodies of state agencies. |
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The training may be provided together with other required training |
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for members of state 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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SECTION 4. Section 2056.002(b), Government Code, is amended |
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to read as follows: |
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(b) The Legislative Budget Board and the Governor's Office |
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of Budget, Policy, and Planning shall determine the elements |
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required to be included in each agency's strategic plan. Unless |
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modified by the Legislative Budget Board and the Governor's Office |
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of Budget, Policy, and Planning, and except as provided by |
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Subsection (c), a plan must include: |
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(1) a statement of the mission and goals of the state |
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agency; |
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(2) a description of the indicators developed under |
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this chapter and used to measure the output and outcome of the |
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agency; |
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(3) identification of the groups of people served by |
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the agency, including those having service priorities, or other |
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service measures established by law, and estimates of changes in |
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those groups expected during the term of the plan; |
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(4) an analysis of the use of the agency's resources to |
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meet the agency's needs, including future needs, and an estimate of |
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additional resources that may be necessary to meet future needs; |
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(5) an analysis of expected changes in the services |
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provided by the agency because of changes in state or federal law; |
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(6) a description of the means and strategies for |
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meeting the agency's needs, including future needs, and achieving |
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the goals established under Section 2056.006 for each area of state |
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government for which the agency provides services; |
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(7) a description of the capital improvement needs of |
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the agency during the term of the plan and a statement, if |
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appropriate, of the priority of those needs; |
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(8) identification of each geographic region of this |
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state, including the Texas-Louisiana border region and the |
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Texas-Mexico border region, served by the agency, and if |
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appropriate the agency's means and strategies for serving each |
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region; |
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(9) a description of the training of the agency's |
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contract managers under Section 656.052 [2262.053]; |
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(10) an analysis of the agency's expected expenditures |
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that relate to federally owned or operated military installations |
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or facilities, or communities where a federally owned or operated |
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military installation or facility is located; |
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(11) an analysis of the strategic use of information |
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resources as provided by the instructions prepared under Section |
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2054.095; and |
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(12) other information that may be required. |
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SECTION 5. Section 2262.101(a), Government Code, as amended |
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by 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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(a) The Contract Advisory Team is created to assist state |
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agencies in improving 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 656.052 |
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[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. |
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SECTION 6. 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 7. This Act takes effect September 1, 2015. |
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* * * * * |