Texas 2015 - 84th Regular

Texas House Bill HB3361 Compare Versions

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

Old	New	Differences
1	1	84R10957 CJC-D
2	2	By: Elkins H.B. No. 3361
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to state agency contracts for information technology
8	8	commodity items and services.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 2157.068, Government Code, is amended by
11	11	adding Subsections (b-1), (j), and (k) to read as follows:
12	12	(b-1) Except as otherwise provided by this subsection, the
13	13	value of a contract for a commodity item entered into under this
14	14	section by a state agency, including the value of a renewal or an
15	15	extension of the contract, may not exceed $1 million. The
16	16	limitation prescribed by this subsection does not apply to a
17	17	department contract for the bulk purchase of commodity items
18	18	intended for use by more than one state agency.
19	19	(j) Rules adopted under Subsection (f) must require a state
20	20	agency entering into a contract for a commodity item under this
21	21	section to:
22	22	(1) obtain at least three competitive offers from
23	23	vendors selected by the department under Subsection (b) if:
24	24	(A) the value of the agency's contract, including
25	25	the value of a renewal or an extension of the contract, exceeds
26	26	$25,000; and
27	27	(B) at least three vendors selected by the
28	28	department under Subsection (b) offer the item;
29	29	(2) submit purchase orders under the contract to the
30	30	department for submission by the department to the vendor with
31	31	which the agency contracts;
32	32	(3) report to the department the amounts paid by the
33	33	agency under the contract to the vendor; and
34	34	(4) notwithstanding Section 441.185, retain all
35	35	documents relating to the contract for at least three years after
36	36	the date on which the contract expires.
37	37	(k) The department shall publish in a conspicuous place on
38	38	the department's Internet website the payment information reported
39	39	to the department under Subsection (j)(3) as well as a brief
40	40	description of the contract under which the payments were made.
41	41	SECTION 2. Subchapter B, Chapter 2157, Government Code, is
42	42	amended by adding Section 2157.070 to read as follows:
43	43	Sec. 2157.070. DELIVERABLES-BASED INFORMATION TECHNOLOGY
44	44	SERVICES. (a) Except as otherwise provided by this section,
45	45	Section 2157.068 applies to the purchase of deliverables-based
46	46	information technology services by a state agency.
47	47	(b) Notwithstanding Section 2157.068(b-1), the value of a
48	48	contract entered into with a vendor selected by the department
49	49	under Section 2157.068(b) for deliverables-based information
50	50	technology services may not exceed $3 million.
51	51	(c) Before a state agency purchases deliverables-based
52	52	information technology services, the agency must submit the scope
53	53	of work prepared for the purchase to:
54	54	(1) the department, for review and approval by the
55	55	department; and
56	56	(2) the Contract Advisory Team established under
57	57	Subchapter C, Chapter 2262, for review by the team.
58	58	(d) In conducting the review required under Subsection (c),
59	59	the department must consider whether the services to be purchased
60	60	under the contract are appropriate for purchase as commodity items
61	61	under Section 2157.068.
62	62	(e) An amendment to a contract for deliverables-based
63	63	information technology services that has the effect of increasing
64	64	the total value of the contract by 25 percent or more must be
65	65	approved by the department. The amendment must be reviewed by the
66	66	Contract Advisory Team established under Subchapter C, Chapter
67	67	2262. The department must consider the Contract Advisory Team's
68	68	recommendation.
69	69	(f) The department shall monitor payments made by a state
70	70	agency to a vendor selected by the department under Section
71	71	2157.068(b) for deliverables-based information technology services
72	72	to ensure compliance with the limitation prescribed by Subsection
73	73	(b). If a vendor is paid an amount in excess of that limitation, the
74	74	department shall notify the comptroller and the comptroller may not
75	75	authorize any expenditure in excess of that limitation.
76	76	(g) The quality assurance team established under Section
77	77	2054.158:
78	78	(1) shall review and monitor each state agency
79	79	contract for deliverables-based information technology services
80	80	with a value greater than $1 million; and
81	81	(2) may review and analyze the risk associated with a
82	82	particular contract for deliverables-based information technology
83	83	services and, based on that review, make appropriate
84	84	recommendations to the Legislative Budget Board.
85	85	SECTION 3. The change in law made by this Act applies only
86	86	to a contract for commodity items that is entered into on or after
87	87	the effective date of this Act. A contract entered into before the
88	88	effective date of this Act is governed by the law in effect on the
89	89	date the contract was entered into, and the former law is continued
90	90	in effect for that purpose.
91	91	SECTION 4. This Act takes effect September 1, 2015.