By: Harper-Brown (Senate Sponsor - Zaffirini) H.B. No. 1965
(In the Senate - Received from the House May 8, 2013;
May 9, 2013, read first time and referred to Committee on
Government Organization; May 17, 2013, reported adversely, with
favorable Committee Substitute by the following vote: Yeas 6,
Nays 0; May 17, 2013, sent to printer.)
COMMITTEE SUBSTITUTE FOR H.B. No. 1965 By: Zaffirini
A BILL TO BE ENTITLED
AN ACT
relating to the state contracting duties of the quality assurance
team and Contract Advisory Team.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 2054.158, Government Code, is amended to
read as follows:
Sec. 2054.158. QUALITY ASSURANCE TEAM; DUTIES. (a) The
state auditor, Legislative Budget Board, and department shall:
(1) create a quality assurance team to perform the
duties specified in this chapter and other law; and
(2) specify in writing the responsibilities of the
state auditor, Legislative Budget Board, and department in
performing the duties.
(b) The quality assurance team shall:
(1) develop and recommend policies and procedures to
improve state agency information resources technology projects;
and
(2) develop and recommend procedures to improve the
implementation of state agency information resources technology
projects by including considerations for best value and return on
investment.
SECTION 2. Section 2262.101, Government Code, is amended to
read as follows:
Sec. 2262.101. CREATION; DUTIES. (a) The Contract Advisory
Team is created to assist state agencies in improving contract
management practices by:
(1) reviewing and making recommendations on the
solicitation documents and contract documents for [of major]
contracts of [by] state agencies that have a value of at least $10
million;
(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]
(3) providing recommendations to the comptroller
[commission] regarding:
(A) the development of the contract management
guide; and
(B) the training under Section 2262.053;
(4) developing and recommending policies and
procedures to improve state agency contract management practices;
and
(5) developing and recommending procedures to improve
state agency contracting practices by including consideration for
best value.
(6) creating and periodically performing a risk
assessment to determine the appropriate level of management and
oversight of contracts by state agencies.
(b) The risk assessment created and reviewed under
Subsection (a)(6) must include, but is not limited to the following
criteria:
(1) the amount of appropriations to the agency;
(2) total contract value as percentage of
appropriation to the agency; or
(3) the impact of the functions and duties of the state
agency on health, safety, and well-being of citizens.
(c) The comptroller shall oversee the activities of the
team, including ensuring that the team carries out its duties under
Subsection (a)(5).
(d) A state agency shall:
(1) comply with a recommendation made under Subsection
(a)(1); or
(2) submit a written explanation regarding why the
recommendation is not applicable to the contract under review.
SECTION 3. Section 2262.102, Government Code, is amended to
read as follows: by amending Subsection (a) and adding Subsection
(c) and (d) to read as follows:
(a) The team consists of the following six [five] members:
(1) one member from the Health and Human Services
Commission [attorney general's office];
(2) one member from the comptroller's office;
(3) one member from the Department of Information
Resources;
(4) one member from the Texas Facilities [Building and
Procurement] Commission; and
(5) one member from the governor's office; and
(6) one member from a small state agency.
(c) The attorney general's office shall provide legal
assistance to the team.
(d) In this section, "small state agency" means a state
agency with fewer than 100 employees.
SECTION 4. This Act takes effect September 1, 2013.
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