By: Parker H.B. No. 4682
A BILL TO BE ENTITLED
AN ACT
relating to the procurement of contracts in the state
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. relating to Section 2262.002(b), Government
Code, is amended to read as follows:
(b) Except as otherwise provided by this chapter, this
[This] chapter does not apply to contracts of the Texas Department
of Transportation that:
(1) relate to highway construction or highway
engineering; or
(2) are subject to Section 201.112, Transportation
Code.
SECTION 2. Section 2262.101, Government Code, is amended to
read as follows:
Sec. 2262.101. CREATION; DUTIES. The Contract Advisory
Team is created to assist state agencies in improving contract
management practices by:
(1) [reviewing the solicitation of major contracts by
state agencies;
[(2)] reviewing any findings or recommendations made
by the state auditor, including those made under Section
2262.052(b), regarding a state agency's compliance with the
contract management guide; and
(2) [(3)] providing recommendations to the commission
regarding:
(A) the development of the contract management
guide; and
(B) the training under Section 2262.053.
SECTION 3. Chapter 2262, Government Code, is amended by
adding Subchapter D to read as follows:
SUBCHAPTER D. COLLABORATION WITH PRIVATE PROCUREMENT SPECIALIST
Sec. 2262.151. DEFINITIONS. In this subchapter:
(1) "High-cost contract" means a state agency contract
that has a value of at least $10 million;
(2) "Major information resources project" has the
meaning assigned by Section 2054.003(10).
(3) "Solicitation" means a solicitation for bids,
offers, qualifications, proposals, or similar expressions of
interest for a high-cost contract.
Sec. 2262.152. USE OF PRIVATE PROCUREMENT SPECIALIST. The
comptroller of public accounts shall establish rules for the
purchasing and procurement of contracts pursuant to the
requirements herein:
(1) Except as otherwise provided in 2262.153(c), all
high-cost contracts shall require the collaboration of a private
procurement specialist for the purposes of satisfying the
requirements found in 2262.153(a) and 2262.153(b);
(2) In assigning a private procurement specialist the
comptroller of public accounts and the respective state agency
shall take the following into account:
(i) a private procurement specialist's relative
experience and knowledge on the given subject associated with the
high-cost contract, and
(ii) any fees or costs otherwise associated in
securing the services of the private procurement specialist.
(3) review and approve an action related to a
high-cost contract as provided by Section 2262.153;
(4) provide recommendations and assistance to state
agency personnel throughout the contract management process; and
(5) coordinate and consult with the assigned private
procurement specialist on all high-cost contracts relating to a
major information resources project.
Sec. 2262.153. REVIEW AND APPROVAL; WAIVER. (a) Each state
agency must collaborate with a private procurement specialist
before taking the following actions in relation to a high-cost
contract:
(1) publicly releasing solicitation documents;
(2) executing a final contract; and
(3) making a payment or a series of payments that equal
half of the contract value.
(b) In determining whether to approve an action described by
Subsection (a), the assigned private procurement specialist and the
comptroller of public accounts shall review related documentation
to ensure that potential risks related to the high-cost contract
have been identified and mitigated.
(c) The comptroller of public accounts by rule may adopt
criteria for waiving the review and approval requirements under
Subsections (a) and (b).
(d) The private procurement specialist's fee is to be paid
by the appropriate agency out of funds appropriated.
Sec. 2262.155. SOLICITATION AND CONTRACT CANCELLATION.
After review of and comment on the matter by the Legislative Budget
Board and the governor, the assigned private procurement specialist
may recommend the cancellation of a solicitation or a contract
during the review process under Section 2262.153 if:
(1) a proposed solicitation is not in the best
interest of the state;
(2) a proposed contract would place the state at an
unacceptable risk if executed; or
(3) an executed contract is experiencing performance
failure or payment irregularities.
SECTION 4. Section 2262.051(f), Government Code, is
repealed.
SECTION 5. Subchapter D, Chapter 2262, Government Code, as
added by this Act, applies only in relation to a contract:
(1) for which the solicitation of bids, offers,
qualifications, proposals, or similar expressions of interest is
published on or after September 1, 2009;
(2) that is extended or modified on or after September
1, 2009; or
(3) for which a change order is submitted on or after
September 1, 2009.
SECTION 6. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2009.