Texas 2023 - 88th Regular

Texas House Bill HB2738

Filed
2/23/23  
Out of House Committee
4/12/23  
Voted on by House
4/20/23  
Out of Senate Committee
5/17/23  
Voted on by Senate
5/21/23  
Governor Action
6/12/23  

Caption

Relating to certain indefinite quantity contracts entered into by the General Land Office in the event of a natural disaster.

Impact

The implementation of HB2738 is expected to enhance the state's preparedness for natural disasters by ensuring that contracts are in place before crises occur. This proactive approach aims to minimize delays in responding effectively to disasters, such as hurricanes or floods, thereby potentially saving lives, reducing recovery times, and decreasing economic impacts. The bill was favorably viewed within legislative discussions, as it is believed to establish a more agile and responsive framework for disaster management in Texas.

Summary

House Bill 2738 permits the General Land Office (GLO) to enter into indefinite quantity contracts with vendors for services necessary to respond to natural disasters. This legislative measure aims to streamline the procurement process, allowing the GLO to expedite its ability to manage disaster-related needs efficiently. By adopting a different procurement method—specifically, the request for qualifications (RFQ) instead of the traditional request for proposals (RFP)—the bill seeks to improve the speed and effectiveness of disaster response efforts within the state.

Sentiment

The sentiment surrounding the bill has been generally positive, as it received significant support during committee hearings and legislative voting. Proponents, including the bill’s sponsors, argue that the GLO’s ability to enter contracts quickly for disaster cleanup is a critical need for the state. The bill has been met with some minor opposition based mainly on concerns about ensuring accountability in the contracting process and the potential for a lack of oversight when using indefinite contracts.

Contention

Despite its broad support, there is an ongoing debate regarding the effectiveness and implications of the indefinite quantity contracts proposed by HB2738. Critics stress the importance of maintaining rigorous standards and accountability in the procurement process to prevent misuse or mismanagement of public funds. They advocate for a robust oversight mechanism to ensure that contract awards are justified based on the best value and actual competence of vendors, balancing efficiency with transparency in the state’s disaster management strategy.

Texas Constitutional Statutes Affected

Natural Resources Code

  • Chapter 31. General Land Office
    • Section: New Section
    • Section: New Section
    • Section: New Section
    • Section: New Section
    • Section: New Section

Government Code

  • Chapter 2254. Professional And Consulting Services
    • Section: New Section
    • Section: New Section
    • Section: New Section
    • Section: New Section
  • Chapter 2155. Purchasing: General Rules And Procedures
    • Section: 074
    • Section: 074
    • Section: 074
    • Section: 074
    • Section: 074

Companion Bills

TX SB1181

Identical Relating to certain indefinite quantity contracts entered into by the General Land Office in the event of a natural disaster.

Similar Bills

TX SB543

Relating to oversight of and requirements applicable to state contracts and other state financial and accounting issues; authorizing fees.

TX HB1426

Relating to certain requirements applicable to contracts entered into by, and the contract management process of, state agencies.

TX SB1680

Relating to certain requirements applicable to contracts entered into by state agencies.

CA AB483

Fixed term installment contracts: early termination fees.

TX SB68

Relating to contracting issues of state agencies, including ethics issues related to state contracting.

CA SB272

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CA SB770

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NJ A2517

Prohibits employment of illegal aliens and requires use of E-Verify program in public contracts.