81R20844 YDB-D
By: Davis of Harris H.B. No. 1246
Substitute the following for H.B. No. 1246:
By: Solomons C.S.H.B. No. 1246
A BILL TO BE ENTITLED
AN ACT
relating to the provision of a preference in certain governmental
purchasing decisions for vendors or contractors that provide health
care benefits or equivalent health savings benefits to employees.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 44.031(b), Education Code, is amended to
read as follows:
(b) Except as provided by this subchapter, in determining to
whom to award a contract, the district shall consider:
(1) the purchase price;
(2) the reputation of the vendor and of the vendor's
goods or services;
(3) the quality of the vendor's goods or services;
(4) the extent to which the goods or services meet the
district's needs;
(5) the vendor's past relationship with the district;
(6) the impact on the ability of the district to comply
with laws and rules relating to historically underutilized
businesses;
(7) the total long-term cost to the district to
acquire the vendor's goods or services; [and]
(8) whether the vendor pays at least 50 percent of the
premium for the health care benefits of each participating employee
or deposits in a health savings account for each participating
employee an amount equal to at least 50 percent of the health care
benefit premium the vendor would pay for each participating
employee if the vendor provided health care benefits; and
(9) any other relevant factor specifically listed in
the request for bids or proposals.
SECTION 2. Subchapter B, Chapter 44, Education Code, is
amended by adding Section 44.0421 to read as follows:
Sec. 44.0421. PREFERENCE FOR VENDORS THAT PROVIDE HEALTH
CARE BENEFITS OR EQUIVALENT HEALTH SAVINGS BENEFITS. (a) A school
district procuring goods or services shall give preference to goods
or services of a vendor that demonstrates that the vendor pays at
least 50 percent of the premium for the health care benefits of each
participating employee, or deposits in a health savings account for
each participating employee an amount equal to at least 50 percent
of the health care benefit premium the vendor would pay for each
participating employee if the vendor provided health care benefits,
if:
(1) the goods or services meet district specifications
regarding quantity and quality; and
(2) the cost of the goods or services does not exceed
the cost of similar goods or services produced by a vendor that does
not demonstrate that the vendor provides health care benefits or
equivalent health savings benefits to the vendor's employees.
(b) A contract awarded to a vendor using the preference
under this section must include terms that allow the district to
terminate the contract if the vendor at any time during the life of
the contract does not continue to provide health care benefits or
equivalent health savings benefits at a level comparable to the
level the vendor claimed to provide in its demonstration under
Subsection (a).
SECTION 3. Section 2155.074(b), Government Code, is amended
to read as follows:
(b) In determining the best value for the state, the
purchase price and whether the goods or services meet
specifications are the most important considerations. However, the
commission or other state agency may, subject to Subsection (c) and
Section 2155.075, consider other relevant factors, including:
(1) installation costs;
(2) life cycle costs;
(3) the quality and reliability of the goods and
services;
(4) the delivery terms;
(5) indicators of probable vendor performance under
the contract such as past vendor performance, the vendor's
financial resources and ability to perform, the vendor's experience
or demonstrated capability and responsibility, and the vendor's
ability to provide reliable maintenance agreements and support;
(6) the cost of any employee training associated with
a purchase;
(7) the effect of a purchase on agency productivity;
(8) the vendor's anticipated economic impact to the
state or a subdivision of the state, including potential tax
revenue and employment; [and]
(9) whether the vendor pays at least 50 percent of the
premium for the health care benefits of each participating employee
or deposits in a health savings account for each participating
employee an amount equal to at least 50 percent of the health care
benefit premium the vendor would pay for each participating
employee if the vendor provided health care benefits; and
(10) other factors relevant to determining the best
value for the state in the context of a particular purchase.
SECTION 4. Subchapter H, Chapter 2155, Government Code, is
amended by adding Section 2155.454 to read as follows:
Sec. 2155.454. PREFERENCE FOR VENDORS THAT PROVIDE HEALTH
CARE BENEFITS OR EQUIVALENT HEALTH SAVINGS BENEFITS. (a) The
comptroller and all state agencies procuring goods or services
shall give preference to goods or services of a vendor that
demonstrates that the vendor pays at least 50 percent of the premium
for the health care benefits of each participating employee, or
deposits in a health savings account for each participating
employee an amount equal to at least 50 percent of the health care
benefit premium the vendor would pay for each participating
employee if the vendor provided health care benefits, if:
(1) the goods or services meet state specifications
regarding quantity and quality; and
(2) the cost of the goods or services does not exceed
the cost of other similar goods or services produced by a vendor
that does not demonstrate that the vendor provides health care
benefits or equivalent health savings benefits to the vendor's
employees.
(b) A contract awarded to a vendor using the preference
under this section must include terms that allow the comptroller or
a state agency to terminate the contract if the vendor at any time
during the life of the contract does not continue to provide health
care benefits or equivalent health savings benefits at a level
comparable to the level the vendor claimed to provide in its
demonstration under Subsection (a).
SECTION 5. Section 44.0421, Education Code, and Section
2155.454, Government Code, as added by this Act, apply only to a
contract for the procurement of goods and services for which the
solicitation of bids or proposals, request for proposals, or
similar request for offers to provide the goods or services is first
published on or after September 1, 2009. A contract for the
procurement of goods and services for which the solicitation of
bids or proposals, request for proposals, or similar request for
offers to provide the goods or services is first published before
September 1, 2009, is governed by the law in effect at the time the
solicitation or request is published, and that law is continued in
effect for that purpose.
SECTION 6. This Act takes effect September 1, 2009.