83R17425 CJC-F
By: Reynolds H.B. No. 1994
Substitute the following for H.B. No. 1994:
By: Reynolds C.S.H.B. No. 1994
A BILL TO BE ENTITLED
AN ACT
relating to the purchase of certain commodity items by a state
agency.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 2157.068, Government Code, is amended by
amending Subsections (f) and (g) and adding Subsection (f-1) to
read as follows:
(f) The department may adopt rules regulating a purchase by
a state agency of a commodity item under this section, including a
requirement that, notwithstanding other provisions of this
chapter, the agency must make the purchase in accordance with a
contract developed by the department unless [the agency obtains]:
(1) the agency obtains:
(A) an exemption from the department; or
(B) [(2)] express prior approval from the
Legislative Budget Board for the expenditure necessary for the
purchase; or
(2) the department certifies in writing that the
commodity item is not available for purchase under an existing
contract developed by the department.
(f-1) A state agency may purchase a commodity item through a
contract developed by a local government purchasing cooperative
under Chapter 791 if the department certifies in writing that the
commodity item is not available for purchase under an existing
contract developed by the department.
(g) The Legislative Budget Board's approval of a biennial
operating plan under Section 2054.102 is not an express prior
approval for purposes of Subsection (f)(1)(B) [(f)(2)]. A state
agency must request an exemption from the department under
Subsection (f)(1)(A) [(f)(1)] before seeking prior approval from
the Legislative Budget Board under Subsection (f)(1)(B) [(f)(2)].
SECTION 2. This Act takes effect September 1, 2013.