Texas 2009 - 81st Regular

Texas House Bill HB1441 Compare Versions

Only one version of the bill is available at this time.

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1	1	81R577 BEF-F
2	2	By: Eissler H.B. No. 1441
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the relationship between and operation of the Texas
8	8	Education Agency and regional education service centers.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subchapter B, Chapter 7, Education Code, is
11	11	amended by adding Section 7.030 to read as follows:
12	12	Sec. 7.030. CONTRACTS BETWEEN AGENCY AND REGIONAL EDUCATION
13	13	SERVICE CENTERS. (a) For purposes of this section, a person is
14	14	considered "purchasing personnel" if the person is:
15	15	(1) the commissioner;
16	16	(2) a deputy commissioner;
17	17	(3) an ethics advisor; or
18	18	(4) an employee of the agency who makes decisions or
19	19	recommendations to the agency regarding:
20	20	(A) the terms or conditions for a contract with a
21	21	regional education service center;
22	22	(B) whether to enter into a contract with a
23	23	regional education service center; or
24	24	(C) whether to approve a contract with a regional
25	25	education service center.
26	26	(b) Before entering into a contract with a regional
27	27	education service center, the commissioner shall require each
28	28	person who is purchasing personnel to disclose in writing to the
29	29	commissioner and the general counsel of the agency any known
30	30	personal, professional, business, or familial relationship between
31	31	the person and an owner, employee, or paid consultant of a
32	32	subcontractor of the regional education service center. The
33	33	commissioner shall provide all statements received under this
34	34	subsection to the comptroller or the comptroller's successor in
35	35	function responsible for administering the procurement functions
36	36	under Subtitle D, Title 10, Government Code. In this subsection,
37	37	"owner" includes a major stockholder, partner, or sole proprietor.
38	38	(c) Each contract between the agency and a regional
39	39	education service center must contain:
40	40	(1) a date for each signature to the contract;
41	41	(2) an independence statement in which each party:
42	42	(A) certifies that the contracting process was
43	43	independent and free from actual or apparent conflicts of interest;
44	44	and
45	45	(B) agrees to notify the other party if an actual
46	46	or apparent conflict of interest arises that could impact either
47	47	party's independence; and
48	48	(3) any other information required by the board of
49	49	directors of the regional education service center.
50	50	(d) Before entering into a contract with a regional
51	51	education service center, the agency shall publish a notice in the
52	52	Texas Register of the agency's intent to enter into the contract.
53	53	The notice must be published not later than the 14th day before the
54	54	date the agency enters into the contract.
55	55	(e) When the agency enters into a contract with a regional
56	56	education service center, the agency shall publish notice of the
57	57	contract in the Texas Register not later than the 14th day after the
58	58	date the contract is entered into.
59	59	(f) A notice under Subsection (d) or (e) must include:
60	60	(1) the name of the regional education service center;
61	61	(2) the total amount of the contract;
62	62	(3) a description of the services to be provided; and
63	63	(4) the term of the contract.
64	64	SECTION 2. Section 8.004, Education Code, is amended to
65	65	read as follows:
66	66	Sec. 8.004. EXECUTIVE DIRECTOR. The regional education
67	67	service center board of directors shall employ an executive
68	68	director. Before finally hiring an executive director, the board
69	69	of directors shall provide the commissioner an opportunity to
70	70	review and provide written comments on the selection of the
71	71	executive director. [The selection and dismissal of the executive
72	72	director is subject to the approval of the commissioner.] The
73	73	executive director is the chief executive officer of the regional
74	74	education service center and may employ personnel as necessary to
75	75	carry out the functions of the center.
76	76	SECTION 3. Subchapter B, Chapter 8, Education Code, is
77	77	amended by adding Section 8.058 to read as follows:
78	78	Sec. 8.058. CONTRACTS FOR CONSULTING AND PROFESSIONAL
79	79	SERVICES. (a) In this section:
80	80	(1) "Consulting service" means the service of studying
81	81	or advising a regional education service center under a contract
82	82	that does not involve the traditional relationship of employer and
83	83	employee.
84	84	(2) "License" means a license, certificate,
85	85	registration, permit, or other authorization that a person must
86	86	obtain to engage in a particular business, occupation, or
87	87	profession.
88	88	(3) "Licensing authority" means a department,
89	89	commission, board, office, or other agency of this state or a
90	90	political subdivision of this state that issues a license.
91	91	(4) "Professional services" has the meaning assigned
92	92	by Section 2254.002, Government Code.
93	93	(b) The executive director of a regional education service
94	94	center may enter into a contract for a consulting service or for
95	95	professional services.
96	96	(c) If the executive director reasonably anticipates that
97	97	the total value of the payments under a contract described by
98	98	Subsection (b), or under an amendment, modification, renewal, or
99	99	extension of a contract described by Subsection (b), will exceed
100	100	$25,000, the executive director shall award the contract using
101	101	competitive sealed proposals or another competitive procurement
102	102	procedure that state agencies are allowed to use under state law and
103	103	that is appropriate under the circumstances. The executive director
104	104	shall:
105	105	(1) specifically determine that the person to whom the
106	106	contract is awarded is capable of performing the work; and
107	107	(2) award the contract to the person whose proposal,
108	108	bid, or offer will provide the best value to the regional education
109	109	service center.
110	110	(d) A person may submit a bid or proposal for and enter into
111	111	a contract described by Subsection (b), notwithstanding any law or
112	112	rule that would otherwise prohibit the person as a license holder or
113	113	as a person practicing a regulated occupation from:
114	114	(1) submitting a competitive bid or proposal for a
115	115	professional services contract or consulting service contract; or
116	116	(2) entering into a professional services contract or
117	117	consulting service contract awarded by competitive sealed
118	118	proposals or another competitive procurement procedure.
119	119	(e) A licensing authority may not suspend or revoke a
120	120	person's license or otherwise take disciplinary action against the
121	121	person because the person submitted a bid or proposal or entered
122	122	into a contract as provided by Subsection (d).
123	123	SECTION 4. Section 8.103, Education Code, is amended to
124	124	read as follows:
125	125	Sec. 8.103. ANNUAL EVALUATION. (a) The commissioner
126	126	shall conduct an annual evaluation of each [executive director and]
127	127	regional education service center. Each evaluation must include:
128	128	(1) an audit of the center's finances;
129	129	(2) a review of the center's performance on the
130	130	indicators adopted under Section 8.101; and
131	131	(3) a review of client satisfaction with services
132	132	provided under Subchapter B [; and
133	133	[(4) a review of any other factor the commissioner
134	134	determines to be appropriate].
135	135	(b) Each regional education service center board of
136	136	directors shall conduct an annual evaluation of the center's
137	137	executive director. Each evaluation must consider any written
138	138	comments submitted by the commissioner.
139	139	SECTION 5. Section 2254.003(a), Government Code, is amended
140	140	to read as follows:
141	141	(a) Except as provided by Section 2254.0035, a [A]
142	142	governmental entity may not select a provider of professional
143	143	services or a group or association of providers or award a contract
144	144	for the services on the basis of competitive bids submitted for the
145	145	contract or for the services, but shall make the selection and
146	146	award:
147	147	(1) on the basis of demonstrated competence and
148	148	qualifications to perform the services; and
149	149	(2) for a fair and reasonable price.
150	150	SECTION 6. Subchapter A, Chapter 2254, Government Code, is
151	151	amended by adding Section 2254.0035 to read as follows:
152	152	Sec. 2254.0035. CERTAIN CONTRACTS WITH TEXAS EDUCATION
153	153	AGENCY. (a) In this section:
154	154	(1) "License" means a license, certificate,
155	155	registration, permit, or other authorization that a person must
156	156	obtain to engage in a particular business, occupation, or
157	157	profession.
158	158	(2) "Licensing authority" means a department,
159	159	commission, board, office, or other agency of this state or a
160	160	political subdivision of this state that issues a license.
161	161	(b) This section applies to a contract for professional
162	162	services entered into by the Texas Education Agency when the amount
163	163	of the contract, including an amendment, modification, renewal, or
164	164	extension of the contract, exceeds $25,000.
165	165	(c) The Texas Education Agency shall award a contract to
166	166	which this section applies using competitive sealed proposals or
167	167	another competitive procurement procedure that state agencies are
168	168	allowed to use under state law and that is appropriate under the
169	169	circumstances. The Texas Education Agency shall:
170	170	(1) specifically determine that the person to whom the
171	171	contract is awarded is capable of performing the work; and
172	172	(2) award the contract to the person whose proposal,
173	173	bid, or offer will provide the best value to the state.
174	174	(d) A person may submit a bid or proposal for and enter into
175	175	a contract to which this section applies, notwithstanding any law
176	176	or rule that would otherwise prohibit the person as a license holder
177	177	or as a person practicing a regulated occupation from:
178	178	(1) submitting a competitive bid or proposal for a
179	179	professional services contract; or
180	180	(2) entering into a professional services contract
181	181	awarded by competitive sealed proposals or another competitive
182	182	procurement procedure.
183	183	(e) A licensing authority may not suspend or revoke a
184	184	person's license or otherwise take disciplinary action against the
185	185	person because the person submitted a bid or proposal or entered
186	186	into a contract as provided by Subsection (d).
187	187	(f) A contract to which this section applies that is made in
188	188	violation of this section is void as against public policy.
189	189	(g) A contract to which this section applies is exempt from
190	190	all other provisions of this subchapter except Section 2254.002.
191	191	SECTION 7. Subchapter B, Chapter 2254, Government Code, is
192	192	amended by adding Section 2254.041 to read as follows:
193	193	Sec. 2254.041. CERTAIN CONTRACTS WITH TEXAS EDUCATION
194	194	AGENCY. (a) In this section:
195	195	(1) "License" means a license, certificate,
196	196	registration, permit, or other authorization that a person must
197	197	obtain to engage in a particular business, occupation, or
198	198	profession.
199	199	(2) "Licensing authority" means a department,
200	200	commission, board, office, or other agency of this state or a
201	201	political subdivision of this state that issues a license.
202	202	(b) This section applies to a contract for a consulting
203	203	service entered into by the Texas Education Agency when the amount
204	204	of the contract, including an amendment, modification, renewal, or
205	205	extension of the contract, exceeds $25,000.
206	206	(c) The Texas Education Agency shall award a contract to
207	207	which this section applies using competitive sealed proposals or
208	208	another competitive procurement procedure that state agencies are
209	209	allowed to use under state law and that is appropriate under the
210	210	circumstances. The Texas Education Agency shall:
211	211	(1) specifically determine that the person to whom the
212	212	contract is awarded is capable of performing the work; and
213	213	(2) award the contract to the person whose proposal,
214	214	bid, or offer will provide the best value to the state.
215	215	(d) A person may submit a bid or proposal for and enter into
216	216	a contract to which this section applies, notwithstanding any law
217	217	or rule that would otherwise prohibit the person as a license holder
218	218	or as a person practicing a regulated occupation from:
219	219	(1) submitting a competitive bid or proposal for a
220	220	consulting service contract; or
221	221	(2) entering into a consulting service contract
222	222	awarded by competitive sealed proposals or another competitive
223	223	procurement procedure.
224	224	(e) A licensing authority may not suspend or revoke a
225	225	person's license or otherwise take disciplinary action against the
226	226	person because the person submitted a bid or proposal or entered
227	227	into a contract as provided by Subsection (d).
228	228	(f) A contract to which this section applies that is made in
229	229	violation of this section is void as against public policy.
230	230	(g) Sections 2254.021 and 2254.024(a)(1) apply in relation
231	231	to a contract to which this section applies. A contract to which
232	232	this section applies is exempt from all other provisions of this
233	233	subchapter.
234	234	SECTION 8. (a) Section 7.030, Education Code, as added by
235	235	this Act, applies to a contract between the Texas Education Agency
236	236	and a regional education service center entered into on or after the
237	237	effective date of this Act. A contract entered into before the
238	238	effective date of this Act is governed by the law in effect on the
239	239	date the contract is entered into, and the former law is continued
240	240	in effect for that purpose.
241	241	(b) Section 8.004, Education Code, as amended by this Act,
242	242	applies to an executive director of a regional education service
243	243	center selected on or after the effective date of this Act. The
244	244	selection of an executive director selected before the effective
245	245	date of this Act is governed by the law in effect when the executive
246	246	director is selected, and the former law is continued in effect for
247	247	that purpose.
248	248	(c) Section 8.058, Education Code, as added by this Act,
249	249	applies to a contract entered into by a regional education service
250	250	center on or after the effective date of this Act. A contract
251	251	entered into before the effective date of this Act is governed by
252	252	the law in effect on the date the contract is entered into, and the
253	253	former law is continued in effect for that purpose.
254	254	(d) Section 8.103, Education Code, as amended by this Act,
255	255	applies to an evaluation of a regional education service center
256	256	conducted on or after the effective date of this Act. An evaluation
257	257	of a regional education service center conducted before the
258	258	effective date of this Act is governed by the law in effect when the
259	259	evaluation is conducted, and the former law is continued in effect
260	260	for that purpose.
261	261	(e) Section 2254.003(a), Government Code, as amended by
262	262	this Act, and Sections 2254.0035 and 2254.041, Government Code, as
263	263	added by this Act, apply to a contract entered into by the Texas
264	264	Education Agency on or after the effective date of this Act. A
265	265	contract entered into before the effective date of this Act is
266	266	governed by the law in effect on the date the contract is entered
267	267	into, and the former law is continued in effect for that purpose.
268	268	SECTION 9. This Act takes effect September 1, 2009.