84R5409 MTB-D
By: Uresti S.B. No. 705
A BILL TO BE ENTITLED
AN ACT
relating to the review of and notifications regarding certain state
contracts.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 2262.101, Government Code, as amended by
Chapters 676 (H.B. 1965) and 1227 (S.B. 1681), Acts of the 83rd
Legislature, Regular Session, 2013, is reenacted and amended to
read as follows:
Sec. 2262.101. CREATION; DUTIES. (a) The Contract
Advisory Team is created to assist state agencies in improving
contract management practices by:
(1) reviewing and making recommendations on the
solicitation documents and contract documents for contracts of
state agencies that have a value of at least $10 million;
(2) reviewing any findings or recommendations made by
the state auditor, including those made under Section 2262.052(b),
regarding a state agency's compliance with the contract management
guide;
(3) providing recommendations to the comptroller
regarding:
(A) the development of the contract management
guide; and
(B) the training under Section 2262.053;
(4) providing recommendations and assistance to state
agency personnel throughout the contract management process;
(5) coordinating and consulting with the quality
assurance team established under Section 2054.158 on all contracts
relating to a major information resources project; [and]
(6) [(4)] developing and recommending policies and
procedures to improve state agency contract management practices;
(7) [(5)] developing and recommending procedures to
improve state agency contracting practices by including
consideration for best value; [and]
(8) [(6)] creating and periodically performing a risk
assessment to determine the appropriate level of management and
oversight of contracts by state agencies; and
(9) after being notified by a state agency of a
contract of the agency for which a change order, contract
amendment, contract renewal or extension, or other action results
in a change to the monetary value of the contract by more than 20
percent, reviewing the change order, contract amendment, contract
renewal or extension, or other action, as applicable, to:
(A) determine whether the action is justified
considering the circumstances; and
(B) if the team determines the action is not
justified, forwarding the contract to the comptroller for
notification under Subsection (g).
(b) The risk assessment created and performed [reviewed]
under Subsection (a)(8) [(a)(6)] must include[, but is not limited
to] the following criteria:
(1) the amount of appropriations to the agency;
(2) total contract value as a percentage of
appropriations to the agency; or
(3) the impact of the functions and duties of the state
agency on the health, safety, and well-being of residents
[citizens].
(c) The comptroller shall oversee the activities of the
team, including ensuring that the team carries out its duties under
Subsections [Subsection] (a)(5) and (a)(7).
(d) A state agency shall:
(1) comply with a recommendation made under Subsection
(a)(1); or
(2) submit a written explanation regarding why the
recommendation is not applicable to the contract under review.
(e) The team may review documents under Subsection (a)(1)
only for compliance with contract management and best practices
principles and may not make a recommendation regarding the purpose
or subject of the contract.
(f) The team may develop an expedited process for reviewing
solicitations under Subsection (a)(1) for contracts:
(1) that the team identifies as posing a low risk of
loss to the state; or
(2) for which templates will be used more than once by
a state agency.
(g) The comptroller shall, for each contract of a state
agency forwarded under Subsection (a)(9), notify:
(1) the governing body of the agency or the single
state officer who governs the agency;
(2) the Legislative Budget Board; and
(3) each member of the senate and house of
representatives.
SECTION 2. Section 2262.101, Government Code, as amended by
this Act, applies only to a change order, contract amendment,
contract renewal or extension, or other action made on or after the
effective date of this Act.
SECTION 3. To the extent of any conflict, this Act prevails
over another Act of the 84th Legislature, Regular Session, 2015,
relating to nonsubstantive additions to and corrections in enacted
codes.
SECTION 4. This Act takes effect September 1, 2015.