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A BILL TO BE ENTITLED
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AN ACT
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relating to powers and duties of the Texas Workforce Commission |
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with respect to the procurement of goods and services for the |
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provision of vocational rehabilitation services. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter B, Chapter 352, Labor Code, is |
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amended by adding Section 352.060 to read as follows: |
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Sec. 352.060. PROCUREMENT OF GOODS AND SERVICES. (a) The |
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commission may enter into contracts for goods or services related |
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to the commission's provision of vocational rehabilitation |
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services as necessary to perform any of the commission's powers or |
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duties under this chapter. |
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(b) The commission may acquire goods and services described |
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by Subsection (a) by any procurement method approved by the |
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commission that provides the best value to the commission. The |
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commission shall document that the commission considered all |
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relevant factors under Subsection (c) in making the acquisition. |
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(c) The commission shall consider all relevant factors in |
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determining the best value, including: |
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(1) any installation costs; |
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(2) the delivery terms; |
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(3) the quality and reliability of the vendor's goods |
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or services; |
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(4) the extent to which the goods or services meet the |
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needs of the individuals receiving vocational rehabilitation |
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services from the commission under this chapter; |
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(5) indicators of probable value vendor performance |
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under the contract such as past vendor performance, the vendor's |
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financial resources and ability to perform, the vendor's experience |
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and responsibility, and the vendor's ability to provide reliable |
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maintenance agreements; |
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(6) the impact on the ability of the commission to |
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comply with laws and rules relating to historically underutilized |
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businesses or relating to the procurement of goods and services |
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from persons with disabilities; |
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(7) the total long-term cost to the commission of |
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acquiring the vendor's goods or services; |
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(8) the cost of any employee training associated with |
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the acquisition; |
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(9) the effect of an acquisition on commission |
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productivity; |
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(10) the acquisition price; and |
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(11) any other factor relevant to determining the best |
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value for the commission in the context of a particular |
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acquisition. |
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(d) The commission may adopt rules and procedures for the |
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acquisition of goods and services under this section, including |
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rules allowing the commission to purchase vocational |
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rehabilitation services through an open-enrollment contracting |
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method if the commission determines that the best interests of the |
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state are served by enrolling multiple vendors. |
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(e) If the commission does not receive any responsive bids |
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on an open market solicitation for goods or services for the |
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vocational rehabilitation program in a specific area of the state, |
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the commission, after making a written determination that an open |
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market award is not available, may negotiate with and award the |
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contract to any qualified vendor who meets the requirements of the |
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original solicitation: |
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(1) at a price consistent with the current market |
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value of the goods or services; and |
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(2) for a term not to exceed five years. |
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SECTION 2. The change in law made by this Act applies only |
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to the acquisition of goods or services made on or after the |
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effective date of this Act. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2025. |