85R4989 YDB-F
 
  By: Geren H.B. No. 3659
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to state agency contracting.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 2054.1181(a), Government Code, is
  amended to read as follows:
         (a)  At the direction of the governor, lieutenant governor,
  or speaker of the house of representatives [The quality assurance
  team, in coordination with the governor, may recommend major
  information resources projects to the department for oversight. As
  part of this oversight], the department shall provide additional
  oversight services for major information resources projects,
  including risk management, quality assurance services, independent
  project monitoring, and project management. A state agency with a
  project selected for oversight shall pay for oversight by the
  department and quality assurance team based on a funding model
  developed by the department. The department may contract with a
  vendor to provide the necessary oversight at the department's
  direction.
         SECTION 2.  Section 2054.158, Government Code, is amended to
  read as follows:
         Sec. 2054.158.  QUALITY ASSURANCE TEAM; DUTIES.  (a)  The
  comptroller, state auditor, Legislative Budget Board, and
  department shall:
               (1)  create a quality assurance team to perform the
  duties specified in this chapter and other law; [and]
               (2)  specify in writing the responsibilities of the
  comptroller, state auditor, Legislative Budget Board, and
  department in performing the duties; and
               (3)  create an automated project review system.
         (b)  The quality assurance team shall:
               (1)  develop and recommend policies and procedures to
  improve state agency information resources technology projects;
  [and]
               (2)  develop and recommend procedures to improve the
  implementation of state agency information resources technology
  projects by including considerations for best value and return on
  investment; and
               (3)  provide annual training for state agency
  procurement and contract management staff on best practices and
  methodologies for information technology contracts.
         (c)  The state auditor serves on the quality assurance team
  as a consultant.
         SECTION 3.  Section 2054.303(a), Government Code, is amended
  to read as follows:
         (a)  For each proposed major information resources project
  or major contract, a state agency must prepare:
               (1)  a business case providing the initial
  justification for the project or contract, including the
  anticipated return on investment in terms of cost savings and
  efficiency for the project or contract; [and]
               (2)  a statewide impact analysis of the project's or
  contract's effect on the state's common information resources
  infrastructure, including the possibility of reusing code or other
  resources; and
               (3)  in consultation with the department, a technical
  architectural assessment of the project or contract.
         SECTION 4.  Section 2054.304, Government Code, is amended by
  adding Subsection (d) to read as follows:
         (d)  Each project delivery framework in a project plan must
  be recognized as a best practice for major information resources
  projects or major contracts.
         SECTION 5.  Subchapter B, Chapter 2155, Government Code, is
  amended by adding Section 2155.090 to read as follows:
         Sec. 2155.090.  VENDOR AND EMPLOYEE INTERACTION AND
  COMMUNICATION POLICY. (a)  Each state agency shall adopt a policy
  on the interactions and communication between employees of the
  state agency and a vendor that contracts with the state agency or
  seeks to conduct business with the state agency.
         (b)  This subtitle does not prohibit the exchange of
  information between a state agency and a vendor related to future
  solicitations or as necessary to monitor an existing contract.
         SECTION 6.  Sections 2157.068(e-1) and (e-2), Government
  Code, are amended to read as follows:
         (e-1)  A state agency contracting to purchase a commodity
  item shall use the list maintained as required by Subsection (e) as
  follows:
               (1)  for a contract with a value of $50,000 or less, the
  agency may directly award the contract to a vendor included on the
  list without submission of a request for pricing to other vendors on
  the list;
               (2)  for a contract with a value of more than $50,000
  but not more than $1 million [$150,000], the agency must submit a
  request for pricing to at least three vendors included on the list
  in the category to which the contract relates; and
               (3)  for a contract with a value of more than $1 million
  [$150,000] but not more than $5 [$1] million, the agency must submit
  a request for pricing to at least six vendors included on the list
  in the category to which the contract relates or all vendors on the
  schedule if the category has fewer than six vendors.
         (e-2)  A state agency may not enter into a contract to
  purchase a commodity item if the value of the contract exceeds $5
  [$1] million.
         SECTION 7.  Section 2261.251, Government Code, is amended by
  adding Subsection (a-1) to read as follows:
         (a-1)  This subchapter applies to a regional education
  service center established under Chapter 8, Education Code.
         SECTION 8.  Section 2262.101(a), Government Code, is amended
  to read as follows:
         (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 $5 [$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;
               (6)  developing and recommending policies and
  procedures to improve state agency contract management practices;
               (7)  developing and recommending procedures to improve
  state agency contracting practices by including consideration for
  best value; and
               (8)  creating and periodically performing a risk
  assessment to determine the appropriate level of management and
  oversight of contracts by state agencies.
         SECTION 9.  Subchapter A, Chapter 8, Education Code, is
  amended by adding Section 8.0091 to read as follows:
         Sec. 8.0091.  APPLICABILITY OF CERTAIN STATE CONTRACTING
  LAWS. A regional education service center and each center employee
  is subject to Subchapter F, Chapter 2261, Government Code.  For
  purposes of that chapter:
               (1)  the center is considered to be a state agency; and
               (2)  each center employee is considered to be a state
  employee.
         SECTION 10.  (a) Not later than January 1, 2018, each state
  agency shall adopt a vendor and employee interaction and
  communication policy as required by Section 2155.090, Government
  Code, as added by this Act.
         (b)  The changes in law made by this Act apply only in
  relation to a contract for which a state agency first advertises or
  otherwise solicits bids, proposals, offers, or qualifications on or
  after the effective date of this Act.
         SECTION 11.  This Act takes effect September 1, 2017.