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AN ACT
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relating to purchasing and contracting by governmental entities; |
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authorizing fees. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 2155.510, Government Code, is amended to |
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read as follows: |
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Sec. 2155.510. REBATES. (a) The comptroller [commission] |
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may collect a rebate from a vendor under a contract listed on a |
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schedule developed under this subchapter. |
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(b) The comptroller shall notify a state agency purchasing a |
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good or service through a contract listed on a schedule developed |
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under this subchapter of the percentage used to calculate the |
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rebate authorized under Subsection (a) [If a purchase resulting in
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a rebate under this section is made in whole or in part with federal
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funds, the commission shall ensure that, to the extent the purchase
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was made with federal funds, the appropriate portion of the rebate
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is reported to the purchasing agency for reporting and
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reconciliation purposes with the appropriate federal funding
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agency]. |
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SECTION 2. Section 2171.055, Government Code, is amended by |
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adding Subsections (k) and (l) to read as follows: |
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(k) An officer or employee of a local workforce development |
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board who is engaged in official board business may participate in |
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the comptroller's contract for travel services. The comptroller |
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may charge a participating board a fee not to exceed the costs |
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incurred by the comptroller in providing services under this |
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subsection. The comptroller shall periodically review the fees and |
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adjust the fees as necessary to ensure recovery of costs incurred in |
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providing services to a local workforce development board under |
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this subsection. In this subsection, "local workforce development |
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board" means a local workforce development board created under |
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Chapter 2308. |
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(l) An officer or employee of a governmental entity who is |
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engaged in official business of the governmental entity may |
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participate in the comptroller's contract for travel services. The |
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comptroller may charge a participating governmental entity a fee |
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not to exceed the costs incurred by the comptroller in providing |
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services under this subsection. The comptroller shall periodically |
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review the fees and adjust the fees as necessary to ensure recovery |
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of costs incurred in providing services to governmental entities |
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under this subsection. This subsection applies only to a |
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governmental entity that is a party to a compact, interagency |
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agreement, or cooperative purchasing agreement under Section |
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2156.181. |
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SECTION 3. Section 2252.002, Government Code, as amended by |
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Chapters 1127 (H.B. 1050) and 1404 (H.B. 3648), Acts of the 83rd |
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Legislature, Regular Session, 2013, is reenacted to read as |
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follows: |
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Sec. 2252.002. AWARD OF CONTRACT TO NONRESIDENT BIDDER. A |
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governmental entity may not award a governmental contract to a |
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nonresident bidder unless the nonresident underbids the lowest bid |
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submitted by a responsible resident bidder by an amount that is not |
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less than the greater of the following: |
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(1) the amount by which a resident bidder would be |
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required to underbid the nonresident bidder to obtain a comparable |
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contract in the state in which the nonresident's principal place of |
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business is located; or |
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(2) the amount by which a resident bidder would be |
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required to underbid the nonresident bidder to obtain a comparable |
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contract in the state in which a majority of the manufacturing |
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relating to the contract will be performed. |
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SECTION 4. Section 2262.004, Government Code, is amended by |
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adding Subsection (e) to read as follows: |
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(e) This section does not apply to an attorney who: |
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(1) holds a license to practice law in this state; and |
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(2) has not been disciplined by the State Bar of Texas |
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for a violation of the Texas Disciplinary Rules of Professional |
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Conduct. |
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SECTION 5. Section 44.0331(a), Education Code, is amended |
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to read as follows: |
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(a) A school district that enters into a purchasing contract |
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valued at $25,000 or more under Section 44.031(a)(5), under |
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Subchapter F, Chapter 271, Local Government Code, or under any |
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other cooperative purchasing program authorized for school |
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districts by law shall document any contract-related fee, including |
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any management fee, paid by the district and the purpose of each fee |
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under the contract. |
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SECTION 6. This Act takes effect September 1, 2019. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 1793 passed the Senate on |
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April 29, 2019, by the following vote: Yeas 31, Nays 0; and that |
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the Senate concurred in House amendment on May 21, 2019, by the |
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following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 1793 passed the House, with |
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amendment, on May 10, 2019, by the following vote: Yeas 120, |
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Nays 12, one present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |