Texas 2015 - 84th Regular

Texas Senate Bill SB1638 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	By: Zaffirini S.B. No. 1638
2		-	(In the Senate - Filed March 13, 2015; March 23, 2015, read
3		-	first time and referred to Committee on Business and Commerce;
4		-	April 21, 2015, reported adversely, with favorable Committee
5		-	Substitute by the following vote: Yeas 8, Nays 0; April 21, 2015,
6		-	sent to printer.)
7		-	Click here to see the committee vote
8		-	COMMITTEE SUBSTITUTE FOR S.B. No. 1638 By: Schwertner
	1	+	84R30706 AAF-F
	2	+	By: Zaffirini, et al. S.B. No. 1638
	3	+	(Elkins, Galindo)
	4	+	Substitute the following for S.B. No. 1638: No.
9	5
10	6
11	7		A BILL TO BE ENTITLED
12	8		AN ACT
13	9		relating to training for state employees, including procurement and
14	10		contract management training; authorizing fees.
15	11		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
16	12		SECTION 1. Section 656.047, Government Code, is amended to
17	13		read as follows:
18	14		Sec. 656.047. PAYMENT OF PROGRAM EXPENSES. (a) A state
19	15		agency may spend public funds as appropriate to pay the salary,
20	16		tuition and other fees, travel and living expenses, training
21	17		stipend, expense of training materials, and other necessary
22	18		expenses of an instructor, student, or other participant in a
23	19		training or education program.
24	20		(b) A state agency that spends more than $5,000 in a state
25	21		fiscal year for a training or education program for any individual
26	22		employee shall not later than August 31 of that year submit to the
27	23		Legislative Budget Board a report including:
28	24		(1) a list of the employees participating in a
29	25		training or education program and receiving payment from the
30	26		agency;
31	27		(2) the amount spent on each employee; and
32	28		(3) the certification earned by each employee through
33	29		the training or education program.
34	30		SECTION 2. Subchapter C, Chapter 656, Government Code, is
35	31		amended by adding Section 656.054 to read as follows:
36		-	Sec. 656.054. TRAINING BY COMPTROLLER. (a) The
37		-	comptroller shall develop each training program provided by the
38		-	comptroller under this subchapter to meet the needs of a state
39		-	agency.
40		-	(b) On an annual basis the comptroller will assess the
	32	+	Sec. 656.054. PROCUREMENT AND CONTRACT MANAGEMENT TRAINING
	33	+	BY COMPTROLLER. (a) The comptroller shall develop training
	34	+	programs provided by the comptroller under this subchapter to meet
	35	+	the needs of state agencies.
	36	+	(b) Each year a state agency shall estimate the number of
	37	+	employees requiring procurement or contract management training
	38	+	and report the anticipated training needs of the state agency to the
	39	+	comptroller.
	40	+	(c) On an annual basis the comptroller will assess the
41	41		number of employees requiring procurement or contract management
42	42		training and will maintain a regular schedule of classes to
43	43		accommodate that number.
44		-	(c) The comptroller may use its own staff or contract with
	44	+	(d) The comptroller may use its own staff or contract with
45	45		private entities or other state agencies to conduct the training.
46		-	(d) The comptroller may assess a fee for a training program
	46	+	(e) The comptroller may assess a fee for a training program
47	47		in an amount not to exceed the costs incurred by the comptroller to
48	48		provide the training program under this subchapter.
49	49		SECTION 3. Sections 2054.057, 2155.078, 2262.053, and
50	50		2262.0535, Government Code, are transferred to Subchapter C,
51	51		Chapter 656, Government Code, redesignated as Sections 656.050,
52	52		656.051, 656.052, and 656.053, Government Code, respectively, and
53	53		amended to read as follows:
54	54		Sec. 656.050 [2054.057]. TRAINING IN CONTRACT NEGOTIATION.
55	55		(a) In this section:
56	56		(1) "Department" means the Department of Information
57	57		Resources.
58	58		(2) "Information resources technologies" has the
59	59		meaning assigned by Section 2054.003.
60	60		(a-1) The department, with the cooperation of the
61	61		comptroller and other appropriate state agencies, shall develop and
62	62		implement a program to train state agency personnel in effectively
63	63		negotiating contracts for the purchase of information resources
64	64		technologies.
65	65		(b) The department shall make the training available to
66	66		state agency personnel who are directly or indirectly involved in
67	67		contract negotiations, such as senior or operational management,
68	68		purchasers, users of the purchased technologies, and personnel with
69	69		relevant technical, legal, or financial knowledge. State agency
70	70		personnel directly involved in contract negotiations for the
71	71		purchase of information resources technologies shall complete the
72	72		training developed by the department.
73	73		(c) The department shall include in the training:
74	74		(1) information on developing a structured purchasing
75	75		method that meets an agency's needs;
76	76		(2) information drawn from the state's previous
77	77		procurement experience about what is or is not advantageous for the
78	78		state;
79	79		(3) the perspective of state agencies with oversight
80	80		responsibilities related to the state's procurement of information
81	81		resources technologies; [and]
82	82		(4) information on how to use contracts entered into
83	83		by the department under Section 2157.068; and
84	84		(5) other information that the department considers
85	85		to be useful.
86	86		(d) The department may use its own staff or contract with
87	87		private entities or other state agencies to conduct the training.
88	88		Sec. 656.051 [2155.078]. TRAINING AND CERTIFICATION OF
89	89		STATE AGENCY PURCHASING PERSONNEL AND VENDORS. (a) The
90	90		comptroller [commission] shall establish and administer a system of
91	91		training, continuing education, and certification for state agency
92	92		purchasing personnel. The comptroller [commission] may establish
93	93		and offer appropriate training to vendors on a cost recovery basis.
94	94		The comptroller [commission] may adopt rules to administer this
95	95		section, including rules relating to monitoring a certified
96	96		purchaser's compliance with the continuing education requirements
97	97		of this section.
98	98		(b) Except as provided by Subsection (n), all state agency
99	99		purchasing personnel, including agencies exempted from the
100	100		purchasing authority of the comptroller [commission], must receive
101	101		the training and continuing education to the extent required by
102	102		comptroller rule [of the commission]. A state agency employee who
103	103		is required to receive the training may not participate in
104	104		purchases by the employing agency unless the employee has received
105	105		the required training or received equivalent training from a
106	106		national association recognized by the comptroller [commission].
107	107		The equivalent training may count, as provided by Subsection (k),
108	108		toward the continuing education requirements.
109	109		(c) The comptroller [commission] shall set and collect a fee
110	110		from state agencies that employ purchasing personnel. The
111	111		comptroller [commission] shall set the fee in an amount that
112	112		recovers the comptroller's [commission's] costs under this section.
113	113		(d) The comptroller [commission] may provide training,
114	114		continuing education, and certification under this section to
115	115		purchasing personnel employed by a political subdivision or other
116	116		public entity of the state. Political subdivision purchasing
117	117		personnel may receive, but are not required to receive, the
118	118		training, continuing education, or certification provided under
119	119		this section. The comptroller [commission] shall collect the fees
120	120		described by Subsection (c) for training, education, or
121	121		certification under this subsection.
122	122		(e) The comptroller [commission] may provide training and
123	123		continuing education under this section using the comptroller's
124	124		[its] own personnel or through contracts with private entities.
125	125		The comptroller [commission] may also, by agreement with a public
126	126		entity, use the services of persons employed by the public entity to
127	127		provide training and continuing education under this section.
128	128		(f) The comptroller [commission] shall provide at least
129	129		three levels of training under this section.
130	130		(g) The basic training level must include an introduction to
131	131		contract purchasing methods, ethical issues affecting purchasing
132	132		decisions, and instruction in any other processes and issues that
133	133		the comptroller [commission] considers appropriate for
134	134		introductory purchasing training.
135	135		(h) The second training level must include advanced
136	136		instruction in formal and informal bidding methods, introduction to
137	137		negotiation methods, instruction in writing specifications, and
138	138		instruction in any other processes and issues that the comptroller
139	139		[commission] considers appropriate for the second level of
140	140		purchasing training.
141	141		(i) The third training level must include an introduction to
142	142		complex negotiations, instruction in the criteria for determining
143	143		which product or service offers the best value for the state, and
144	144		instruction in any other processes and issues that the comptroller
145	145		[commission] considers appropriate for advanced purchasing
146	146		training.
147	147		(j) The comptroller [commission] may prescribe the
148	148		circumstances under which a state agency may delegate to a
149	149		certified purchaser signature purchasing authority to approve
150	150		purchase orders.
151	151		(k) The comptroller [commission] shall require a reasonable
152	152		number of hours of continuing education to maintain a certification
153	153		level. The comptroller [commission] may allow attendance at
154	154		equivalent certification training recognized by the comptroller
155	155		[commission] to count toward the required number of hours.
156	156		Maintenance of the certification level may be by yearly renewal or
157	157		another reasonable renewal period comparable to nationally
158	158		recognized certification requirements.
159	159		(l) The comptroller's [commission's] prerequisites for
160	160		receiving a level-two purchaser certification must include
161	161		completion of the basic training level, passage of a written
162	162		examination, and a minimum number of years of purchasing experience
163	163		prescribed by the comptroller [commission].
164	164		(m) The comptroller's [commission's] prerequisites for
165	165		receiving a level-three purchaser certification must include
166	166		completion of the second training level, passage of a written
167	167		examination, and a minimum of three years of purchasing experience.
168	168		(n) This section does not apply to an institution to which
169	169		Section 51.9335, Education Code, applies or to an institution to
170	170		which Section 73.115, Education Code, applies.
171		-	Sec. 656.052 [2262.053]. TRAINING FOR ~~CONTRACT MANAGERS.~~
172		-	(a) In this section:
	171	+	Sec. 656.052 [2262.053]. TRAINING AND CERTIFICATION FOR
	172	+	CONTRACT MANAGERS. (a) In this section:
173	173		(1) "Contract management guide" means the guide
174	174		developed under Section 2262.051.
175	175		(2) "Contract manager" has the meaning assigned by
176	176		Section 2262.001.
177	177		(a-1) In coordination with the Department of Information
178	178		Resources, state auditor, and Health and Human Services Commission,
179	179		the comptroller shall develop a training program for contract
180	180		managers.
181	181		(b) The training must provide the contract manager with
182	182		information regarding how to:
183	183		(1) fairly and objectively select and negotiate with
184	184		the most qualified contractor;
185	185		(2) establish prices that are cost-effective and that
186	186		reflect the cost of providing the service;
187	187		(3) include provisions in a contract that hold the
188	188		contractor accountable for results;
189	189		(4) monitor and enforce a contract;
190	190		(5) make payments consistent with the contract;
191	191		(6) comply with any requirements or goals contained in
192	192		the contract management guide; [and]
193	193		(7) use and apply advanced sourcing strategies,
194	194		techniques, and tools;
195	195		(8) maintain required documentation for contracting
196	196		decisions, changes to a contract, and problems with a contract;
197	197		(9) create a risk evaluation and mitigation strategy;
198	198		(10) create a plan for potential problems with the
199	199		contract;
200	200		(11) develop an accurate and comprehensive statement
201	201		of work; and
202	202		(12) complete the contract and evaluate performance
203	203		under the contract.
204	204		(c) Each state agency shall ensure that the agency's
205	205		contract managers complete the training developed under this
206	206		section.
207	207		(d) The comptroller shall administer training under this
208	208		section.
209	209		(e) The comptroller shall certify contract managers who
210	210		have completed the contract management training required under this
211	211		section.
212	212		(f) A state agency may develop qualified contract manager
213	213		training to supplement the training required under this section.
214	214		The comptroller may incorporate the training developed by the
215	215		agency into the training program under this section.
216		-	(g) The comptroller shall develop and administer an
217		-	abbreviated training program meeting the relevant training
218		-	requirements under this section for state agency employees, other
219		-	than contract managers, with contract management duties.
	216	+	(g) The comptroller shall adapt the training required under
	217	+	this section and administer an abbreviated training program meeting
	218	+	the relevant training requirements under this section for state
	219	+	agency employees, other than contract managers, with contract
	220	+	management duties.
220	221		Sec. 656.053 [2262.0535]. TRAINING FOR GOVERNING BODIES.
221	222		(a) In this section, "state agency" has the meaning assigned by
222	223		Section 2056.001.
223	224		(a-1) The comptroller shall adapt the program developed
224	225		under Section 656.052 [2262.053] to provide an abbreviated program
225	226		for training the members of the governing bodies of state agencies.
226	227		The training may be provided together with other required training
227	228		for members of state agency governing bodies.
228	229		(b) All members of the governing body of a state agency
229	230		shall complete at least one course of the training provided under
230	231		this section. This subsection does not apply to a state agency that
231	232		does not enter into any contracts.
232	233		SECTION 4. Section 2056.002(b), Government Code, is amended
233	234		to read as follows:
234	235		(b) The Legislative Budget Board and the Governor's Office
235	236		of Budget, Policy, and Planning shall determine the elements
236	237		required to be included in each agency's strategic plan. Unless
237	238		modified by the Legislative Budget Board and the Governor's Office
238	239		of Budget, Policy, and Planning, and except as provided by
239	240		Subsection (c), a plan must include:
240	241		(1) a statement of the mission and goals of the state
241	242		agency;
242	243		(2) a description of the indicators developed under
243	244		this chapter and used to measure the output and outcome of the
244	245		agency;
245	246		(3) identification of the groups of people served by
246	247		the agency, including those having service priorities, or other
247	248		service measures established by law, and estimates of changes in
248	249		those groups expected during the term of the plan;
249	250		(4) an analysis of the use of the agency's resources to
250	251		meet the agency's needs, including future needs, and an estimate of
251	252		additional resources that may be necessary to meet future needs;
252	253		(5) an analysis of expected changes in the services
253	254		provided by the agency because of changes in state or federal law;
254	255		(6) a description of the means and strategies for
255	256		meeting the agency's needs, including future needs, and achieving
256	257		the goals established under Section 2056.006 for each area of state
257	258		government for which the agency provides services;
258	259		(7) a description of the capital improvement needs of
259	260		the agency during the term of the plan and a statement, if
260	261		appropriate, of the priority of those needs;
261	262		(8) identification of each geographic region of this
262	263		state, including the Texas-Louisiana border region and the
263	264		Texas-Mexico border region, served by the agency, and if
264	265		appropriate the agency's means and strategies for serving each
265	266		region;
266	267		(9) a description of the training of the agency's
267	268		contract managers under Section 656.052 [2262.053];
268	269		(10) an analysis of the agency's expected expenditures
269	270		that relate to federally owned or operated military installations
270	271		or facilities, or communities where a federally owned or operated
271	272		military installation or facility is located;
272	273		(11) an analysis of the strategic use of information
273	274		resources as provided by the instructions prepared under Section
274	275		2054.095; and
275	276		(12) other information that may be required.
276	277		SECTION 5. Section 2262.101(a), Government Code, as amended
277	278		by Chapters 676 (H.B. 1965) and 1227 (S.B. 1681), Acts of the 83rd
278	279		Legislature, Regular Session, 2013, is reenacted and amended to
279	280		read as follows:
280	281		(a) The Contract Advisory Team is created to assist state
281	282		agencies in improving contract management practices by:
282	283		(1) reviewing and making recommendations on the
283	284		solicitation documents and contract documents for contracts of
284	285		state agencies that have a value of at least $10 million;
285	286		(2) reviewing any findings or recommendations made by
286	287		the state auditor, including those made under Section 2262.052(b),
287	288		regarding a state agency's compliance with the contract management
288	289		guide;
289	290		(3) providing recommendations to the comptroller
290	291		regarding:
291	292		(A) the development of the contract management
292	293		guide; and
293	294		(B) the training under Section 656.052
294	295		[2262.053];
295	296		(4) providing recommendations and assistance to state
296	297		agency personnel throughout the contract management process;
297	298		(5) coordinating and consulting with the quality
298	299		assurance team established under Section 2054.158 on all contracts
299	300		relating to a major information resources project; [and]
300	301		(6) [(4)] developing and recommending policies and
301	302		procedures to improve state agency contract management practices;
302	303		(7) [(5)] developing and recommending procedures to
303	304		improve state agency contracting practices by including
304	305		consideration for best value; and
305	306		(8) [(6)] creating and periodically performing a risk
306	307		assessment to determine the appropriate level of management and
307	308		oversight of contracts by state agencies.
308	309		SECTION 6. To the extent of any conflict, this Act prevails
309	310		over another Act of the 84th Legislature, Regular Session, 2015,
310	311		relating to nonsubstantive additions to and corrections in enacted
311	312		codes.
312	313		SECTION 7. This Act takes effect September 1, 2015.
313		-	* * * * *