83R11393 CJC-F
By: Harper-Brown H.B. No. 3648
A BILL TO BE ENTITLED
AN ACT
relating to the performance of certain state purchasing contracts.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter B, Chapter 2155, Government Code, is
amended by adding Section 2155.088 to read as follows:
Sec. 2155.088. MATERIAL CHANGES TO CONTRACTS. (a)
Notwithstanding any other law, the performance of a contract for
goods or services awarded under this chapter must substantially
comply with the terms contained in the written solicitation for the
contract and the terms considered in awarding the contract,
including terms regarding cost of materials or labor, duration,
price, schedule, and scope.
(b) After a contract for goods or services is awarded under
this chapter, a state agency, including the comptroller, must hold
a public hearing before approving a material change to the
contract. For purposes of this section, a material change
includes:
(1) extending the length of or postponing the
completion of a contract for six months or more; or
(2) increasing the total consideration to be paid
under a contract by at least five percent, including by
substituting certain goods, materials, products, or services.
SECTION 2. Section 2155.088, Government Code, as added by
this Act, applies only to a contract for goods or services awarded
under Chapter 2155, Government Code, on or after the effective date
of this Act.
SECTION 3. 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, 2013.