Texas 2015 - 84th Regular

Texas House Bill HB1027 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	84R6609 YDB-D
2	2	By: Price H.B. No. 1027
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to state agency contracting.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Sections 2155.078(a) and (b), Government Code,
10	10	are amended to read as follows:
11	11	(a) The commission shall establish and administer a system
12	12	of training, continuing education, and certification for state
13	13	agency purchasing personnel. The training and continuing education
14	14	for state agency purchasing personnel must include ethics training.
15	15	The commission may establish and offer appropriate training to
16	16	vendors on a cost recovery basis. The commission may adopt rules to
17	17	administer this section, including rules relating to monitoring a
18	18	certified purchaser's compliance with the continuing education
19	19	requirements of this section.
20	20	(b) Notwithstanding [Except as provided by] Subsection (n),
21	21	all state agency purchasing personnel, including agencies exempted
22	22	from the purchasing authority of the commission, must receive the
23	23	training and continuing education to the extent required by rule of
24	24	the commission. The training and continuing education must include
25	25	ethics training. A state agency employee who is required to receive
26	26	the training may not participate in purchases by the employing
27	27	agency unless the employee has received the required training or
28	28	received equivalent training from a national association
29	29	recognized by the commission. The equivalent training may count,
30	30	as provided by Subsection (k), toward the continuing education
31	31	requirements.
32	32	SECTION 2. Chapter 2261, Government Code, is amended by
33	33	adding Subchapter F to read as follows:
34	34	SUBCHAPTER F. ETHICS, REPORTING, AND APPROVAL REQUIREMENTS FOR
35	35	CERTAIN CONTRACTS
36	36	Sec. 2261.251. APPLICABILITY OF SUBCHAPTER. Section
37	37	2261.001 does not apply to this subchapter.
38	38	Sec. 2261.252. DISCLOSURE OF POTENTIAL CONFLICTS OF
39	39	INTEREST; CERTAIN CONTRACTS PROHIBITED. (a) Each state agency
40	40	employee or official who is involved in procurement or in contract
41	41	management for a state agency shall disclose to the agency any
42	42	potential conflict of interest specified by state law or agency
43	43	policy that is known by the employee or official with respect to any
44	44	contract or bid for the purchase of goods or services by the agency.
45	45	(b) A state agency may not enter into a contract for the
46	46	purchase of goods or services with a person with whom any of the
47	47	following agency employees or officials have a financial interest:
48	48	(1) a member of the agency's governing body;
49	49	(2) the governing official, executive director,
50	50	general counsel, chief procurement officer, or procurement
51	51	director of the agency; or
52	52	(3) a family member related to an employee or official
53	53	described by Subdivision (1) or (2) within the second degree by
54	54	affinity or consanguinity.
55	55	(c) A state agency employee or official has a financial
56	56	interest in a person if the employee or official:
57	57	(1) owns or controls, directly or indirectly, an
58	58	ownership interest in the person, including the right to share in
59	59	profits, proceeds, or capital gains; or
60	60	(2) could reasonably foresee that a contract with the
61	61	person could result in a financial benefit to the employee or
62	62	official.
63	63	Sec. 2261.253. REQUIRED POSTING OF CERTAIN CONTRACTS;
64	64	ENHANCED CONTRACT AND PERFORMANCE MONITORING. (a) For each
65	65	contract for the purchase of goods or services, each state agency
66	66	shall post on its Internet website a list of:
67	67	(1) each contract the agency enters into without
68	68	inviting, advertising for, or otherwise requiring competitive
69	69	bidding before selection of the contractor; and
70	70	(2) the statutory or other authority under which the
71	71	contract described by Subdivision (1) may be entered into without
72	72	compliance with competitive bidding procedures.
73	73	(b) Each state agency by rule shall establish a procedure to
74	74	identify each contract that requires enhanced contract or
75	75	performance monitoring and submit information on the contract to
76	76	the agency's governing body or, if the agency is not governed by a
77	77	multimember governing body, the officer who governs the agency.
78	78	The agency's contract management office or procurement director
79	79	shall immediately notify the agency's governing body or governing
80	80	official, as appropriate, of any serious issue or risk that is
81	81	identified with respect to a contract monitored under this
82	82	subsection.
83	83	Sec. 2261.254. CONTRACTS WITH VALUE EXCEEDING $1 MILLION.
84	84	(a) For each contract for the purchase of goods or services that
85	85	has a value exceeding $1 million, a state agency shall develop and
86	86	implement contract reporting requirements that provide information
87	87	on:
88	88	(1) compliance with financial provisions and delivery
89	89	schedules under the contract;
90	90	(2) corrective action plans required under the
91	91	contract and the status of any active corrective action plan; and
92	92	(3) any liquidated damages assessed or collected under
93	93	the contract.
94	94	(b) Each state agency shall verify:
95	95	(1) the accuracy of any information reported under
96	96	Subsection (a) that is based on information provided by a
97	97	contractor; and
98	98	(2) the delivery time of goods or services scheduled
99	99	for delivery under the contract.
100	100	(c) Except as provided by Subsection (d), a state agency may
101	101	enter into a contract for the purchase of goods or services that has
102	102	a value exceeding $1 million only if:
103	103	(1) the governing body of the state agency approves
104	104	the contract and the approved contract is signed by the presiding
105	105	officer of the governing body; or
106	106	(2) for a state agency that is not governed by a
107	107	multimember governing body, the officer who governs the agency
108	108	approves and signs the contract.
109	109	(d) The governing body or governing official of a state
110	110	agency, as appropriate, may delegate to the executive director of
111	111	the agency the approval and signature authority under Subsection
112	112	(c).
113	113	Sec. 2261.255. CONTRACTS WITH VALUE EXCEEDING $5 MILLION.
114	114	For each state agency contract for the purchase of goods or services
115	115	that has a value exceeding $5 million, the contract management
116	116	office or procurement director of the agency must:
117	117	(1) verify in writing that the solicitation and
118	118	purchasing methods and contractor selection process comply with
119	119	state law and agency policy; and
120	120	(2) submit to the governing body of the agency, or
121	121	governing official of the agency if the agency is not governed by a
122	122	multimember governing body, information on any potential issue that
123	123	may arise in the solicitation, purchasing, or contractor selection
124	124	process.
125	125	Sec. 2261.256. RISK ANALYSIS PROCEDURE; CONTRACT
126	126	MANAGEMENT HANDBOOK; CONTRACT MANAGEMENT DATABASE. (a) Each state
127	127	agency shall develop and comply with a risk analysis procedure. The
128	128	procedure must provide for:
129	129	(1) assessing the risk of fraud, abuse, or waste in the
130	130	contractor selection process, contract provisions, and payment and
131	131	reimbursement rates and methods for the different types of goods
132	132	and services for which the agency contracts; and
133	133	(2) identifying contracts that require enhanced
134	134	contract monitoring.
135	135	(b) Each state agency shall publish a contract management
136	136	handbook that establishes consistent contracting policies and
137	137	practices to be followed by the agency. The handbook may include
138	138	standard contract provisions and formats for the agency to
139	139	incorporate in contracts.
140	140	(c) Each state agency shall establish a central contract
141	141	management database that identifies each contract made with the
142	142	agency.
143	143	SECTION 3. The changes in law made by this Act apply only to
144	144	a contract entered into on or after the effective date of this Act.
145	145	A contract entered into before that date is governed by the law in
146	146	effect immediately before the effective date of this Act, and the
147	147	former law is continued in effect for that purpose.
148	148	SECTION 4. This Act takes effect September 1, 2015.