81R577 BEF-F
By: Eissler H.B. No. 1441
A BILL TO BE ENTITLED
AN ACT
relating to the relationship between and operation of the Texas
Education Agency and regional education service centers.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter B, Chapter 7, Education Code, is
amended by adding Section 7.030 to read as follows:
Sec. 7.030. CONTRACTS BETWEEN AGENCY AND REGIONAL EDUCATION
SERVICE CENTERS. (a) For purposes of this section, a person is
considered "purchasing personnel" if the person is:
(1) the commissioner;
(2) a deputy commissioner;
(3) an ethics advisor; or
(4) an employee of the agency who makes decisions or
recommendations to the agency regarding:
(A) the terms or conditions for a contract with a
regional education service center;
(B) whether to enter into a contract with a
regional education service center; or
(C) whether to approve a contract with a regional
education service center.
(b) Before entering into a contract with a regional
education service center, the commissioner shall require each
person who is purchasing personnel to disclose in writing to the
commissioner and the general counsel of the agency any known
personal, professional, business, or familial relationship between
the person and an owner, employee, or paid consultant of a
subcontractor of the regional education service center. The
commissioner shall provide all statements received under this
subsection to the comptroller or the comptroller's successor in
function responsible for administering the procurement functions
under Subtitle D, Title 10, Government Code. In this subsection,
"owner" includes a major stockholder, partner, or sole proprietor.
(c) Each contract between the agency and a regional
education service center must contain:
(1) a date for each signature to the contract;
(2) an independence statement in which each party:
(A) certifies that the contracting process was
independent and free from actual or apparent conflicts of interest;
and
(B) agrees to notify the other party if an actual
or apparent conflict of interest arises that could impact either
party's independence; and
(3) any other information required by the board of
directors of the regional education service center.
(d) Before entering into a contract with a regional
education service center, the agency shall publish a notice in the
Texas Register of the agency's intent to enter into the contract.
The notice must be published not later than the 14th day before the
date the agency enters into the contract.
(e) When the agency enters into a contract with a regional
education service center, the agency shall publish notice of the
contract in the Texas Register not later than the 14th day after the
date the contract is entered into.
(f) A notice under Subsection (d) or (e) must include:
(1) the name of the regional education service center;
(2) the total amount of the contract;
(3) a description of the services to be provided; and
(4) the term of the contract.
SECTION 2. Section 8.004, Education Code, is amended to
read as follows:
Sec. 8.004. EXECUTIVE DIRECTOR. The regional education
service center board of directors shall employ an executive
director. Before finally hiring an executive director, the board
of directors shall provide the commissioner an opportunity to
review and provide written comments on the selection of the
executive director. [The selection and dismissal of the executive
director is subject to the approval of the commissioner.] The
executive director is the chief executive officer of the regional
education service center and may employ personnel as necessary to
carry out the functions of the center.
SECTION 3. Subchapter B, Chapter 8, Education Code, is
amended by adding Section 8.058 to read as follows:
Sec. 8.058. CONTRACTS FOR CONSULTING AND PROFESSIONAL
SERVICES. (a) In this section:
(1) "Consulting service" means the service of studying
or advising a regional education service center under a contract
that does not involve the traditional relationship of employer and
employee.
(2) "License" means a license, certificate,
registration, permit, or other authorization that a person must
obtain to engage in a particular business, occupation, or
profession.
(3) "Licensing authority" means a department,
commission, board, office, or other agency of this state or a
political subdivision of this state that issues a license.
(4) "Professional services" has the meaning assigned
by Section 2254.002, Government Code.
(b) The executive director of a regional education service
center may enter into a contract for a consulting service or for
professional services.
(c) If the executive director reasonably anticipates that
the total value of the payments under a contract described by
Subsection (b), or under an amendment, modification, renewal, or
extension of a contract described by Subsection (b), will exceed
$25,000, the executive director shall award the contract using
competitive sealed proposals or another competitive procurement
procedure that state agencies are allowed to use under state law and
that is appropriate under the circumstances. The executive director
shall:
(1) specifically determine that the person to whom the
contract is awarded is capable of performing the work; and
(2) award the contract to the person whose proposal,
bid, or offer will provide the best value to the regional education
service center.
(d) A person may submit a bid or proposal for and enter into
a contract described by Subsection (b), notwithstanding any law or
rule that would otherwise prohibit the person as a license holder or
as a person practicing a regulated occupation from:
(1) submitting a competitive bid or proposal for a
professional services contract or consulting service contract; or
(2) entering into a professional services contract or
consulting service contract awarded by competitive sealed
proposals or another competitive procurement procedure.
(e) A licensing authority may not suspend or revoke a
person's license or otherwise take disciplinary action against the
person because the person submitted a bid or proposal or entered
into a contract as provided by Subsection (d).
SECTION 4. Section 8.103, Education Code, is amended to
read as follows:
Sec. 8.103. ANNUAL EVALUATION. (a) The commissioner
shall conduct an annual evaluation of each [executive director and]
regional education service center. Each evaluation must include:
(1) an audit of the center's finances;
(2) a review of the center's performance on the
indicators adopted under Section 8.101; and
(3) a review of client satisfaction with services
provided under Subchapter B [; and
[(4) a review of any other factor the commissioner
determines to be appropriate].
(b) Each regional education service center board of
directors shall conduct an annual evaluation of the center's
executive director. Each evaluation must consider any written
comments submitted by the commissioner.
SECTION 5. Section 2254.003(a), Government Code, is amended
to read as follows:
(a) Except as provided by Section 2254.0035, a [A]
governmental entity may not select a provider of professional
services or a group or association of providers or award a contract
for the services on the basis of competitive bids submitted for the
contract or for the services, but shall make the selection and
award:
(1) on the basis of demonstrated competence and
qualifications to perform the services; and
(2) for a fair and reasonable price.
SECTION 6. Subchapter A, Chapter 2254, Government Code, is
amended by adding Section 2254.0035 to read as follows:
Sec. 2254.0035. CERTAIN CONTRACTS WITH TEXAS EDUCATION
AGENCY. (a) In this section:
(1) "License" means a license, certificate,
registration, permit, or other authorization that a person must
obtain to engage in a particular business, occupation, or
profession.
(2) "Licensing authority" means a department,
commission, board, office, or other agency of this state or a
political subdivision of this state that issues a license.
(b) This section applies to a contract for professional
services entered into by the Texas Education Agency when the amount
of the contract, including an amendment, modification, renewal, or
extension of the contract, exceeds $25,000.
(c) The Texas Education Agency shall award a contract to
which this section applies using competitive sealed proposals or
another competitive procurement procedure that state agencies are
allowed to use under state law and that is appropriate under the
circumstances. The Texas Education Agency shall:
(1) specifically determine that the person to whom the
contract is awarded is capable of performing the work; and
(2) award the contract to the person whose proposal,
bid, or offer will provide the best value to the state.
(d) A person may submit a bid or proposal for and enter into
a contract to which this section applies, notwithstanding any law
or rule that would otherwise prohibit the person as a license holder
or as a person practicing a regulated occupation from:
(1) submitting a competitive bid or proposal for a
professional services contract; or
(2) entering into a professional services contract
awarded by competitive sealed proposals or another competitive
procurement procedure.
(e) A licensing authority may not suspend or revoke a
person's license or otherwise take disciplinary action against the
person because the person submitted a bid or proposal or entered
into a contract as provided by Subsection (d).
(f) A contract to which this section applies that is made in
violation of this section is void as against public policy.
(g) A contract to which this section applies is exempt from
all other provisions of this subchapter except Section 2254.002.
SECTION 7. Subchapter B, Chapter 2254, Government Code, is
amended by adding Section 2254.041 to read as follows:
Sec. 2254.041. CERTAIN CONTRACTS WITH TEXAS EDUCATION
AGENCY. (a) In this section:
(1) "License" means a license, certificate,
registration, permit, or other authorization that a person must
obtain to engage in a particular business, occupation, or
profession.
(2) "Licensing authority" means a department,
commission, board, office, or other agency of this state or a
political subdivision of this state that issues a license.
(b) This section applies to a contract for a consulting
service entered into by the Texas Education Agency when the amount
of the contract, including an amendment, modification, renewal, or
extension of the contract, exceeds $25,000.
(c) The Texas Education Agency shall award a contract to
which this section applies using competitive sealed proposals or
another competitive procurement procedure that state agencies are
allowed to use under state law and that is appropriate under the
circumstances. The Texas Education Agency shall:
(1) specifically determine that the person to whom the
contract is awarded is capable of performing the work; and
(2) award the contract to the person whose proposal,
bid, or offer will provide the best value to the state.
(d) A person may submit a bid or proposal for and enter into
a contract to which this section applies, notwithstanding any law
or rule that would otherwise prohibit the person as a license holder
or as a person practicing a regulated occupation from:
(1) submitting a competitive bid or proposal for a
consulting service contract; or
(2) entering into a consulting service contract
awarded by competitive sealed proposals or another competitive
procurement procedure.
(e) A licensing authority may not suspend or revoke a
person's license or otherwise take disciplinary action against the
person because the person submitted a bid or proposal or entered
into a contract as provided by Subsection (d).
(f) A contract to which this section applies that is made in
violation of this section is void as against public policy.
(g) Sections 2254.021 and 2254.024(a)(1) apply in relation
to a contract to which this section applies. A contract to which
this section applies is exempt from all other provisions of this
subchapter.
SECTION 8. (a) Section 7.030, Education Code, as added by
this Act, applies to a contract between the Texas Education Agency
and a regional education service center entered into on or after the
effective date of this Act. A contract entered into before the
effective date of this Act is governed by the law in effect on the
date the contract is entered into, and the former law is continued
in effect for that purpose.
(b) Section 8.004, Education Code, as amended by this Act,
applies to an executive director of a regional education service
center selected on or after the effective date of this Act. The
selection of an executive director selected before the effective
date of this Act is governed by the law in effect when the executive
director is selected, and the former law is continued in effect for
that purpose.
(c) Section 8.058, Education Code, as added by this Act,
applies to a contract entered into by a regional education service
center on or after the effective date of this Act. A contract
entered into before the effective date of this Act is governed by
the law in effect on the date the contract is entered into, and the
former law is continued in effect for that purpose.
(d) Section 8.103, Education Code, as amended by this Act,
applies to an evaluation of a regional education service center
conducted on or after the effective date of this Act. An evaluation
of a regional education service center conducted before the
effective date of this Act is governed by the law in effect when the
evaluation is conducted, and the former law is continued in effect
for that purpose.
(e) Section 2254.003(a), Government Code, as amended by
this Act, and Sections 2254.0035 and 2254.041, Government Code, as
added by this Act, apply to a contract entered into by the Texas
Education Agency on or after the effective date of this Act. A
contract entered into before the effective date of this Act is
governed by the law in effect on the date the contract is entered
into, and the former law is continued in effect for that purpose.
SECTION 9. This Act takes effect September 1, 2009.