Texas 2009 - 81st Regular

Texas House Bill HB1246 Compare Versions

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1	1	81R20844 YDB-D
2	2	By: Davis of Harris H.B. No. 1246
3	3	Substitute the following for H.B. No. 1246:
4	4	By: Solomons C.S.H.B. No. 1246
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the provision of a preference in certain governmental
10	10	purchasing decisions for vendors or contractors that provide health
11	11	care benefits or equivalent health savings benefits to employees.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Section 44.031(b), Education Code, is amended to
14	14	read as follows:
15	15	(b) Except as provided by this subchapter, in determining to
16	16	whom to award a contract, the district shall consider:
17	17	(1) the purchase price;
18	18	(2) the reputation of the vendor and of the vendor's
19	19	goods or services;
20	20	(3) the quality of the vendor's goods or services;
21	21	(4) the extent to which the goods or services meet the
22	22	district's needs;
23	23	(5) the vendor's past relationship with the district;
24	24	(6) the impact on the ability of the district to comply
25	25	with laws and rules relating to historically underutilized
26	26	businesses;
27	27	(7) the total long-term cost to the district to
28	28	acquire the vendor's goods or services; [and]
29	29	(8) whether the vendor pays at least 50 percent of the
30	30	premium for the health care benefits of each participating employee
31	31	or deposits in a health savings account for each participating
32	32	employee an amount equal to at least 50 percent of the health care
33	33	benefit premium the vendor would pay for each participating
34	34	employee if the vendor provided health care benefits; and
35	35	(9) any other relevant factor specifically listed in
36	36	the request for bids or proposals.
37	37	SECTION 2. Subchapter B, Chapter 44, Education Code, is
38	38	amended by adding Section 44.0421 to read as follows:
39	39	Sec. 44.0421. PREFERENCE FOR VENDORS THAT PROVIDE HEALTH
40	40	CARE BENEFITS OR EQUIVALENT HEALTH SAVINGS BENEFITS. (a) A school
41	41	district procuring goods or services shall give preference to goods
42	42	or services of a vendor that demonstrates that the vendor pays at
43	43	least 50 percent of the premium for the health care benefits of each
44	44	participating employee, or deposits in a health savings account for
45	45	each participating employee an amount equal to at least 50 percent
46	46	of the health care benefit premium the vendor would pay for each
47	47	participating employee if the vendor provided health care benefits,
48	48	if:
49	49	(1) the goods or services meet district specifications
50	50	regarding quantity and quality; and
51	51	(2) the cost of the goods or services does not exceed
52	52	the cost of similar goods or services produced by a vendor that does
53	53	not demonstrate that the vendor provides health care benefits or
54	54	equivalent health savings benefits to the vendor's employees.
55	55	(b) A contract awarded to a vendor using the preference
56	56	under this section must include terms that allow the district to
57	57	terminate the contract if the vendor at any time during the life of
58	58	the contract does not continue to provide health care benefits or
59	59	equivalent health savings benefits at a level comparable to the
60	60	level the vendor claimed to provide in its demonstration under
61	61	Subsection (a).
62	62	SECTION 3. Section 2155.074(b), Government Code, is amended
63	63	to read as follows:
64	64	(b) In determining the best value for the state, the
65	65	purchase price and whether the goods or services meet
66	66	specifications are the most important considerations. However, the
67	67	commission or other state agency may, subject to Subsection (c) and
68	68	Section 2155.075, consider other relevant factors, including:
69	69	(1) installation costs;
70	70	(2) life cycle costs;
71	71	(3) the quality and reliability of the goods and
72	72	services;
73	73	(4) the delivery terms;
74	74	(5) indicators of probable vendor performance under
75	75	the contract such as past vendor performance, the vendor's
76	76	financial resources and ability to perform, the vendor's experience
77	77	or demonstrated capability and responsibility, and the vendor's
78	78	ability to provide reliable maintenance agreements and support;
79	79	(6) the cost of any employee training associated with
80	80	a purchase;
81	81	(7) the effect of a purchase on agency productivity;
82	82	(8) the vendor's anticipated economic impact to the
83	83	state or a subdivision of the state, including potential tax
84	84	revenue and employment; [and]
85	85	(9) whether the vendor pays at least 50 percent of the
86	86	premium for the health care benefits of each participating employee
87	87	or deposits in a health savings account for each participating
88	88	employee an amount equal to at least 50 percent of the health care
89	89	benefit premium the vendor would pay for each participating
90	90	employee if the vendor provided health care benefits; and
91	91	(10) other factors relevant to determining the best
92	92	value for the state in the context of a particular purchase.
93	93	SECTION 4. Subchapter H, Chapter 2155, Government Code, is
94	94	amended by adding Section 2155.454 to read as follows:
95	95	Sec. 2155.454. PREFERENCE FOR VENDORS THAT PROVIDE HEALTH
96	96	CARE BENEFITS OR EQUIVALENT HEALTH SAVINGS BENEFITS. (a) The
97	97	comptroller and all state agencies procuring goods or services
98	98	shall give preference to goods or services of a vendor that
99	99	demonstrates that the vendor pays at least 50 percent of the premium
100	100	for the health care benefits of each participating employee, or
101	101	deposits in a health savings account for each participating
102	102	employee an amount equal to at least 50 percent of the health care
103	103	benefit premium the vendor would pay for each participating
104	104	employee if the vendor provided health care benefits, if:
105	105	(1) the goods or services meet state specifications
106	106	regarding quantity and quality; and
107	107	(2) the cost of the goods or services does not exceed
108	108	the cost of other similar goods or services produced by a vendor
109	109	that does not demonstrate that the vendor provides health care
110	110	benefits or equivalent health savings benefits to the vendor's
111	111	employees.
112	112	(b) A contract awarded to a vendor using the preference
113	113	under this section must include terms that allow the comptroller or
114	114	a state agency to terminate the contract if the vendor at any time
115	115	during the life of the contract does not continue to provide health
116	116	care benefits or equivalent health savings benefits at a level
117	117	comparable to the level the vendor claimed to provide in its
118	118	demonstration under Subsection (a).
119	119	SECTION 5. Section 44.0421, Education Code, and Section
120	120	2155.454, Government Code, as added by this Act, apply only to a
121	121	contract for the procurement of goods and services for which the
122	122	solicitation of bids or proposals, request for proposals, or
123	123	similar request for offers to provide the goods or services is first
124	124	published on or after September 1, 2009. A contract for the
125	125	procurement of goods and services for which the solicitation of
126	126	bids or proposals, request for proposals, or similar request for
127	127	offers to provide the goods or services is first published before
128	128	September 1, 2009, is governed by the law in effect at the time the
129	129	solicitation or request is published, and that law is continued in
130	130	effect for that purpose.
131	131	SECTION 6. This Act takes effect September 1, 2009.