By: Kitzman (Senate Sponsor - Zaffirini) H.B. No. 4012
         (In the Senate - Received from the House May 8, 2023;
  May 10, 2023, read first time and referred to Committee on Business &
  Commerce; May 17, 2023, reported favorably by the following vote:  
  Yeas 9, Nays 0; May 17, 2023, sent to printer.)
Click here to see the committee vote
 
 
 
  COMMITTEE VOTE
 
 
         YeaNayAbsentPNV
         SchwertnerX
         KingX
         BirdwellX
         CampbellX
         CreightonX
         JohnsonX
         KolkhorstX
         MenéndezX
         MiddletonX
         NicholsX
         ZaffiriniX
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to the administration of the electronic state business
  daily.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  The heading to Section 2155.083, Government
  Code, is amended to read as follows:
         Sec. 2155.083.  ELECTRONIC STATE BUSINESS DAILY; NOTICE
  REGARDING PROCUREMENTS EXCEEDING $25,000.
         SECTION 2.  Sections 2155.083(c), (d), (e), (f), (g), and
  (k), Government Code, are amended to read as follows:
         (c)  The comptroller [each business day] shall operate the
  electronic state [produce and post a] business daily for state
  agencies and other eligible entities to advertise pre-solicitation
  notices, solicitations, and contract awards [in an electronic
  format.  The comptroller shall post in the business daily
  information as prescribed by this section about each state agency
  procurement that will exceed $25,000 in value.  The comptroller
  shall also post in the business daily other information relating to
  the business activity of the state that the comptroller considers
  to be of interest to the public].
         (d)  The comptroller shall make the electronic state
  business daily available on the Internet.  [Each state agency shall
  cooperate with the comptroller in making the electronic business
  daily available.]
         (e)  To accommodate businesses that do not have the technical
  means to access the electronic state business daily, governmental
  and nongovernmental entities such as public libraries, chambers of
  commerce, trade associations, small business development centers,
  economic development departments of local governments, and state
  agencies may provide public access to the electronic state business
  daily but may not charge a fee for providing access to the
  electronic state business daily under this subsection. [A
  governmental entity may recover the direct cost of providing the
  public access only by charging a fee for downloading procurement
  notices and bid or proposal solicitation packages posted in the
  business daily. A nongovernmental entity may use information
  posted in the business daily in providing a service that is more
  than only the downloading of information from the business daily,
  including a service by which appropriate bidders or offerors are
  matched with information that is relevant to those bidders or
  offerors, and may charge a lawful fee that the entity considers
  appropriate for the service.]
         (f)  The comptroller and other state agencies may not charge
  a fee designed to recover the cost of preparing and gathering the
  information that is published in the electronic state business
  daily.  These costs are considered part of a procuring agency's
  responsibility to publicly inform potential bidders or offerors of
  its procurement opportunities.
         (g)  A state agency shall post in the electronic state
  business daily either the entire bid or proposal solicitation
  package or a notice that includes all information necessary to make
  a successful bid, proposal, or other applicable expression of
  interest for the procurement contract, including at a minimum the
  following information for each procurement that the state agency
  will make that is estimated to exceed $25,000 in value:
               (1)  a brief description of the goods or services to be
  procured and any applicable state product or service codes for the
  goods and services;
               (2)  the last date on which bids, proposals, or other
  applicable expressions of interest will be accepted;
               (3)  the estimated quantity of goods or services to be
  procured;
               (4)  if applicable, the previous price paid by the
  state agency for the same or similar goods or services;
               (5)  the estimated date on which the goods or services
  to be procured will be needed; and
               (6)  the name, business mailing address, business
  e-mail address, and business telephone number of the state agency
  employee a person may contact to inquire about all necessary
  information related to making a bid or proposal or other applicable
  expression of interest for the procurement contract.
         (k)  Each state agency that will award a procurement contract
  estimated to exceed $25,000 in value shall post in the electronic
  state business daily [send to the comptroller]:
               (1)  the information required by this section to be
  posted [the comptroller requires for posting] in the electronic
  state business daily [under this section]; and
               (2)  a notice when the procurement contract has been
  awarded or when the state agency has decided to not make the
  procurement.
         SECTION 3.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2023.
 
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