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A BILL TO BE ENTITLED
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AN ACT
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Relating to increasing procurement acquisition thresholds. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Section 2155.083, Government |
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Code, is amended to read as follows: |
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Sec. 2155.083. ELECTRONIC STATE BUSINESS DAILY; NOTICE |
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REGARDING PROCUREMENTS EXCEEDING $100,000 [$25,000]. |
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SECTION 2. Section 2155.083, Government Code, is amended by |
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amending Subsections (a), (g) and (k) and adding Subsection (h-1) |
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to read as follows: |
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Sec. 2155.083. ELECTRONIC STATE BUSINESS DAILY; NOTICE |
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REGARDING PROCUREMENTS EXCEEDING $100,000 [$25,000]. (a) Except |
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as provided by Subsection (n), this section applies to each state |
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agency making a procurement that will exceed $100,000 [$25,000] in |
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value, without regard to the source of funds the agency will use for |
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the procurement, including a procurement that: |
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(1) is otherwise exempt from the comptroller's |
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purchasing authority or the application of this subtitle; |
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(2) is made under delegated purchasing authority; |
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(3) is related to a construction project; or |
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(4) is a procurement of professional or consulting |
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services. |
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(g) A state agency shall post in the electronic state |
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business daily either the entire bid or proposal solicitation |
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package or a notice that includes all information necessary to make |
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a successful bid, proposal, or other applicable expression of |
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interest for the procurement contract, including at a minimum the |
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following information for each procurement that the state agency |
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will make that is estimated to exceed $100,000 [$25,000] in value: |
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(1) a brief description of the goods or services to be |
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procured and any applicable state product or service codes for the |
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goods and services; |
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(2) the last date on which bids, proposals, or other |
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applicable expressions of interest will be accepted; |
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(3) the estimated quantity of goods or services to be |
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procured; |
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(4) if applicable, the previous price paid by the |
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state agency for the same or similar goods or services; |
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(5) the estimated date on which the goods or services |
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to be procured will be needed; and |
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(6) the name, business mailing address, business |
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e-mail address, and business telephone number of the state agency |
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employee a person may contact to inquire about all necessary |
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information related to making a bid or proposal or other applicable |
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expression of interest for the procurement contract. |
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(h-1) Notwithstanding Subsection (h), if a procurement |
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exceeds the amount of $20 million, the state agency shall post |
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notice of the procurement in accordance with Subsection (g) for at |
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least 45 days, regardless of whether the agency posts a notice of |
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the procurement or the entire bid or proposal solicitation package. |
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This subsection does not apply to a procurement for: |
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(1) a contract entered into by the comptroller under |
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Section 2155.061 or Section 2155.0621; or |
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(2) a contract for services necessary to respond to a |
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natural disaster. |
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(k) Each state agency that will award a procurement contract |
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estimated to exceed $100,000 [$25,000] in value shall post in the |
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electronic state business daily: |
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(1) the information required by this section to be |
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posted in the electronic state business daily; and |
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(2) a notice when the procurement contract has been |
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awarded or when the state agency has decided to not make the |
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procurement. |
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SECTION 3. Section 2155.132, Government Code, is amended by |
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amending Subsections (a) and (b) to read as follows: |
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(a) A state agency is delegated the authority to purchase |
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goods and services if the purchase does not exceed $100,000 |
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[$50,000]. If the comptroller determines that a state agency has |
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not followed the comptroller's rules or the laws related to the |
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delegated purchases, the comptroller shall report its |
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determination to the members of the state agency's governing body |
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and to the governor, lieutenant governor, speaker of the house of |
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representatives, and Legislative Budget Board. |
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(b) The comptroller by rule may delegate to a state agency |
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the authority to purchase goods and services if the purchase |
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exceeds $100,000 [$50,000]. In delegating purchasing authority |
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under this subsection or Section 2155.131, the comptroller shall |
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consider factors relevant to a state agency's ability to perform |
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purchasing functions, including: |
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(1) the capabilities of the agency's purchasing staff |
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and the existence of automated purchasing tools at the agency; |
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(2) the certification levels held by the agency's |
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purchasing personnel; |
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(3) the results of the comptroller's procurement |
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review audits of an agency's purchasing practices; and |
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(4) whether the agency has adopted and published |
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protest procedures consistent with those of the comptroller as part |
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of its purchasing rules. |
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SECTION 4. The heading to Section 2155.509, Government |
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Code, is amended to read as follows: |
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NOTICE REGARDING PROCUREMENTS EXCEEDING [$25,000] $100,000. |
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SECTION 5. This Act takes effect September 1, 2025. |