84R10957 CJC-D
By: Elkins H.B. No. 3361
A BILL TO BE ENTITLED
AN ACT
relating to state agency contracts for information technology
commodity items and services.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 2157.068, Government Code, is amended by
adding Subsections (b-1), (j), and (k) to read as follows:
(b-1) Except as otherwise provided by this subsection, the
value of a contract for a commodity item entered into under this
section by a state agency, including the value of a renewal or an
extension of the contract, may not exceed $1 million. The
limitation prescribed by this subsection does not apply to a
department contract for the bulk purchase of commodity items
intended for use by more than one state agency.
(j) Rules adopted under Subsection (f) must require a state
agency entering into a contract for a commodity item under this
section to:
(1) obtain at least three competitive offers from
vendors selected by the department under Subsection (b) if:
(A) the value of the agency's contract, including
the value of a renewal or an extension of the contract, exceeds
$25,000; and
(B) at least three vendors selected by the
department under Subsection (b) offer the item;
(2) submit purchase orders under the contract to the
department for submission by the department to the vendor with
which the agency contracts;
(3) report to the department the amounts paid by the
agency under the contract to the vendor; and
(4) notwithstanding Section 441.185, retain all
documents relating to the contract for at least three years after
the date on which the contract expires.
(k) The department shall publish in a conspicuous place on
the department's Internet website the payment information reported
to the department under Subsection (j)(3) as well as a brief
description of the contract under which the payments were made.
SECTION 2. Subchapter B, Chapter 2157, Government Code, is
amended by adding Section 2157.070 to read as follows:
Sec. 2157.070. DELIVERABLES-BASED INFORMATION TECHNOLOGY
SERVICES. (a) Except as otherwise provided by this section,
Section 2157.068 applies to the purchase of deliverables-based
information technology services by a state agency.
(b) Notwithstanding Section 2157.068(b-1), the value of a
contract entered into with a vendor selected by the department
under Section 2157.068(b) for deliverables-based information
technology services may not exceed $3 million.
(c) Before a state agency purchases deliverables-based
information technology services, the agency must submit the scope
of work prepared for the purchase to:
(1) the department, for review and approval by the
department; and
(2) the Contract Advisory Team established under
Subchapter C, Chapter 2262, for review by the team.
(d) In conducting the review required under Subsection (c),
the department must consider whether the services to be purchased
under the contract are appropriate for purchase as commodity items
under Section 2157.068.
(e) An amendment to a contract for deliverables-based
information technology services that has the effect of increasing
the total value of the contract by 25 percent or more must be
approved by the department. The amendment must be reviewed by the
Contract Advisory Team established under Subchapter C, Chapter
2262. The department must consider the Contract Advisory Team's
recommendation.
(f) The department shall monitor payments made by a state
agency to a vendor selected by the department under Section
2157.068(b) for deliverables-based information technology services
to ensure compliance with the limitation prescribed by Subsection
(b). If a vendor is paid an amount in excess of that limitation, the
department shall notify the comptroller and the comptroller may not
authorize any expenditure in excess of that limitation.
(g) The quality assurance team established under Section
2054.158:
(1) shall review and monitor each state agency
contract for deliverables-based information technology services
with a value greater than $1 million; and
(2) may review and analyze the risk associated with a
particular contract for deliverables-based information technology
services and, based on that review, make appropriate
recommendations to the Legislative Budget Board.
SECTION 3. The change in law made by this Act applies only
to a contract for commodity items that is entered into on or after
the effective date of this Act. A contract entered into before the
effective date of this Act is governed by the law in effect on the
date the contract was entered into, and the former law is continued
in effect for that purpose.
SECTION 4. This Act takes effect September 1, 2015.