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A BILL TO BE ENTITLED
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AN ACT
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relating to the review and oversight of state agency contracts. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 322, Government Code, is amended by |
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adding Sections 322.021, 322.0211, and 322.0212 to read as follows: |
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Sec. 322.021. STATE AGENCY CONTRACT OVERSIGHT. (a) In this |
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section: |
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(1) "Board" means the Legislative Budget Board. |
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(2) "State agency" has the meaning assigned by Section |
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2054.003. |
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(b) The board may review state agency contracts to determine |
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compliance with the contract management guide developed under |
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Section 2054.554, the comptroller's procurement policy manuals, |
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and each applicable state contracting law, rule, policy, and |
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procedure. The authority to review a state agency contract under |
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this subsection applies regardless of the source of funds or method |
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of financing for the contract and includes a contract funded only |
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with nonappropriated funds. |
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(c) Board staff may request, and are entitled to obtain, any |
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document related to a contract reviewed under this section or to a |
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purchase under the contract. |
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(d) Each state agency shall cooperate with the board in |
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conducting a contract review under this section and in resolving |
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any issue resulting from the contract review. |
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Sec. 322.0211. NOTICE OF VIOLATION OF STATE CONTRACTING |
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LAW; CORRECTIVE ACTION PLAN. (a) If the Legislative Budget Board |
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determines under Section 322.021 that a state agency contract |
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violates the contract management guide, the comptroller's |
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procurement policy manuals, or a state contracting law, rule, |
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policy, or procedure, the board's director may provide to the board |
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and the state agency, comptroller, and governor written notice of |
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the violation. A notice provided under this section must: |
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(1) detail the specific provision violated by the |
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contract; |
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(2) recommend actions to be taken to address the |
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violation and any identified risks related to the contract; |
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(3) list potential remedies for the violation; and |
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(4) state any enforcement mechanism that may be |
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assessed under Section 322.0212 for the violation. |
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(b) A state agency that receives notice of a violation under |
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Subsection (a) shall develop a written corrective action plan |
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consistent with the board's recommendations and provide the plan to |
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the board not later than the 30th calendar day after the date the |
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agency receives the notice. |
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(c) The board may monitor a state agency's implementation of |
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the corrective action plan. |
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Sec. 322.0212. ENFORCEMENT. (a) The Legislative Budget |
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Board may assess an enforcement mechanism against a state agency |
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that the board determines under Section 322.021 is in violation of |
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the contract management guide, the comptroller's procurement |
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policy manuals, or a state contracting law, rule, policy, or |
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procedure. The enforcement mechanism must be assessed in |
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accordance with the schedule developed under Subsection (b). |
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(b) The board may establish a schedule of enforcement |
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mechanisms that may be assessed against a state agency for a |
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violation described by Subsection (a). The enforcement mechanisms |
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may include: |
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(1) enhanced monitoring of the state agency's |
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contracts by board personnel; |
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(2) required consultation with the Contract Advisory |
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Team established under Section 2262.101 or the quality assurance |
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team established under Section 2054.158 before issuance of a |
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contract by the state agency; |
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(3) targeted audits by the State Auditor's Office at |
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the request of the board; and |
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(4) recommended cancellation of a contract determined |
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to contain a violation described by Section 322.0211(a). |
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(c) The board's director may recommend to the board an |
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enforcement mechanism to be assessed against a state agency for a |
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contract violation. |
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(d) The board may increase the severity of an enforcement |
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mechanism assessed against a state agency for repeated contract |
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violations described by Section 322.0211(a). |
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(e) The board may dismiss an enforcement mechanism assessed |
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against a state agency by the board for a contract violation |
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described by Section 322.0211(a) on successful implementation of a |
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corrective action plan by the agency under Section 322.0211(b). |
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SECTION 2. Section 2262.101, Government Code, is amended by |
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adding Subsection (g) to read as follows: |
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(g) The team shall provide to the Legislative Budget Board a |
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copy of: |
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(1) each recommendation made under Subsection (a)(1) |
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on a solicitation or contract document not later than the 10th |
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calendar day after the date the team makes the recommendation; and |
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(2) any written explanation submitted by a state |
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agency under Subsection (d)(2) stating the reason a recommendation |
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is not applicable to the contract under review not later than the |
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10th calendar day after the date the team receives the explanation. |
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SECTION 3. This Act takes effect September 1, 2017. |