Texas 2015 - 84th Regular

Texas Senate Bill SB705 Compare Versions

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

Old	New	Differences
1	1	84R5409 MTB-D
2	2	By: Uresti S.B. No. 705
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the review of and notifications regarding certain state
8	8	contracts.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 2262.101, Government Code, as amended by
11	11	Chapters 676 (H.B. 1965) and 1227 (S.B. 1681), Acts of the 83rd
12	12	Legislature, Regular Session, 2013, is reenacted and amended to
13	13	read as follows:
14	14	Sec. 2262.101. CREATION; DUTIES. (a) The Contract
15	15	Advisory Team is created to assist state agencies in improving
16	16	contract management practices by:
17	17	(1) reviewing and making recommendations on the
18	18	solicitation documents and contract documents for contracts of
19	19	state agencies that have a value of at least $10 million;
20	20	(2) reviewing any findings or recommendations made by
21	21	the state auditor, including those made under Section 2262.052(b),
22	22	regarding a state agency's compliance with the contract management
23	23	guide;
24	24	(3) providing recommendations to the comptroller
25	25	regarding:
26	26	(A) the development of the contract management
27	27	guide; and
28	28	(B) the training under Section 2262.053;
29	29	(4) providing recommendations and assistance to state
30	30	agency personnel throughout the contract management process;
31	31	(5) coordinating and consulting with the quality
32	32	assurance team established under Section 2054.158 on all contracts
33	33	relating to a major information resources project; [and]
34	34	(6) [(4)] developing and recommending policies and
35	35	procedures to improve state agency contract management practices;
36	36	(7) [(5)] developing and recommending procedures to
37	37	improve state agency contracting practices by including
38	38	consideration for best value; [and]
39	39	(8) [(6)] creating and periodically performing a risk
40	40	assessment to determine the appropriate level of management and
41	41	oversight of contracts by state agencies; and
42	42	(9) after being notified by a state agency of a
43	43	contract of the agency for which a change order, contract
44	44	amendment, contract renewal or extension, or other action results
45	45	in a change to the monetary value of the contract by more than 20
46	46	percent, reviewing the change order, contract amendment, contract
47	47	renewal or extension, or other action, as applicable, to:
48	48	(A) determine whether the action is justified
49	49	considering the circumstances; and
50	50	(B) if the team determines the action is not
51	51	justified, forwarding the contract to the comptroller for
52	52	notification under Subsection (g).
53	53	(b) The risk assessment created and performed [reviewed]
54	54	under Subsection (a)(8) [(a)(6)] must include[, but is not limited
55	55	to] the following criteria:
56	56	(1) the amount of appropriations to the agency;
57	57	(2) total contract value as a percentage of
58	58	appropriations to the agency; or
59	59	(3) the impact of the functions and duties of the state
60	60	agency on the health, safety, and well-being of residents
61	61	[citizens].
62	62	(c) The comptroller shall oversee the activities of the
63	63	team, including ensuring that the team carries out its duties under
64	64	Subsections [Subsection] (a)(5) and (a)(7).
65	65	(d) A state agency shall:
66	66	(1) comply with a recommendation made under Subsection
67	67	(a)(1); or
68	68	(2) submit a written explanation regarding why the
69	69	recommendation is not applicable to the contract under review.
70	70	(e) The team may review documents under Subsection (a)(1)
71	71	only for compliance with contract management and best practices
72	72	principles and may not make a recommendation regarding the purpose
73	73	or subject of the contract.
74	74	(f) The team may develop an expedited process for reviewing
75	75	solicitations under Subsection (a)(1) for contracts:
76	76	(1) that the team identifies as posing a low risk of
77	77	loss to the state; or
78	78	(2) for which templates will be used more than once by
79	79	a state agency.
80	80	(g) The comptroller shall, for each contract of a state
81	81	agency forwarded under Subsection (a)(9), notify:
82	82	(1) the governing body of the agency or the single
83	83	state officer who governs the agency;
84	84	(2) the Legislative Budget Board; and
85	85	(3) each member of the senate and house of
86	86	representatives.
87	87	SECTION 2. Section 2262.101, Government Code, as amended by
88	88	this Act, applies only to a change order, contract amendment,
89	89	contract renewal or extension, or other action made on or after the
90	90	effective date of this Act.
91	91	SECTION 3. To the extent of any conflict, this Act prevails
92	92	over another Act of the 84th Legislature, Regular Session, 2015,
93	93	relating to nonsubstantive additions to and corrections in enacted
94	94	codes.
95	95	SECTION 4. This Act takes effect September 1, 2015.