Texas 2017 85th Regular

Texas House Bill HB1695 Introduced / Bill

Filed 02/09/2017

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                    85R1389 JCG-F
 By: Shaheen H.B. No. 1695


 A BILL TO BE ENTITLED
 AN ACT
 relating to training for governmental entities and vendors,
 including purchasing and contract management training; authorizing
 fees.
 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 SECTION 1.  Section 656.047, Government Code, is amended by
 adding Subsection (c) to read as follows:
 (c)  A state agency that spends more than $5,000 in a state
 fiscal year for a training or education program for any individual
 administrator or employee shall, not later than August 31 of that
 year, submit to the Legislative Budget Board a report including:
 (1)  a list of the administrators and employees
 participating in a training or education program and receiving
 payment from the agency;
 (2)  the amount spent on each administrator or
 employee; and
 (3)  the certification earned by each administrator or
 employee through the training or education program.
 SECTION 2.  Subchapter C, Chapter 656, Government Code, is
 amended by adding Section 656.054 to read as follows:
 Sec. 656.054.  PURCHASING AND CONTRACT MANAGEMENT TRAINING
 BY COMPTROLLER. (a)  The comptroller shall develop training
 programs provided by the comptroller under this subchapter to meet
 the needs of state agencies.
 (b)  Each year a state agency shall estimate the number of
 employees requiring purchasing or contract management training and
 report the anticipated training needs of the state agency to the
 comptroller in the manner and form prescribed by the comptroller.
 (c)  On an annual basis the comptroller shall assess the
 number of employees requiring purchasing or contract management
 training and shall maintain a regular schedule of classes to
 accommodate that number.
 (d)  The comptroller may use staff or contract with private
 or public entities, including state agencies, to conduct the
 training.
 (e)  The comptroller may assess a fee for a training program,
 including continuing education and certification, in an amount
 sufficient to recover the costs incurred by the comptroller to
 provide the training program under this subchapter.
 SECTION 3.  Sections 2054.057, 2155.078, 2262.053, and
 2262.0535, Government Code, are transferred to Subchapter C,
 Chapter 656, Government Code, redesignated as Sections 656.050,
 656.051, 656.052, and 656.053, Government Code, respectively, and
 amended to read as follows:
 Sec. 656.050 [2054.057].  TRAINING IN CONTRACT NEGOTIATION
 FOR PURCHASES OF INFORMATION RESOURCES TECHNOLOGIES. (a)  In this
 section:
 (1)  "Department" means the Department of Information
 Resources.
 (2)  "Information resources technologies" has the
 meaning assigned by Section 2054.003.
 (a-1)  The department, with the cooperation of the
 comptroller and other appropriate state agencies, shall develop and
 implement a program to train state agency personnel in effectively
 negotiating contracts for the purchase of information resources
 technologies.
 (b)  The department shall make the training available to
 state agency personnel who are directly or indirectly involved in
 contract negotiations, such as senior or operational management,
 purchasers, users of the purchased technologies, and personnel with
 relevant technical, legal, or financial knowledge. State agency
 personnel directly involved in contract negotiations for the
 purchase of information resources technologies shall complete the
 training developed by the department.
 (c)  The department shall include in the training:
 (1)  information on developing a structured purchasing
 method that meets an agency's needs;
 (2)  information drawn from the state's previous
 procurement experience about what is or is not advantageous for the
 state;
 (3)  the perspective of state agencies with oversight
 responsibilities related to the state's procurement of information
 resources technologies; [and]
 (4)  information on how to use contracts entered into
 by the department under Section 2157.068; and
 (5)  other information that the department considers
 to be useful.
 (d)  The department may use its own staff or contract with
 private entities or other state agencies to conduct the training.
 Sec. 656.051 [2155.078].  TRAINING AND CERTIFICATION OF
 STATE AGENCY PURCHASING PERSONNEL AND VENDORS. (a) The
 comptroller [commission] shall establish and administer a system of
 training, continuing education, and certification for state agency
 purchasing personnel. The training and continuing education for
 state agency purchasing personnel must include ethics training.
 The comptroller [commission] may establish and offer appropriate
 training to vendors on a cost recovery basis. The comptroller
 [commission] may adopt rules to administer this section, including
 rules relating to monitoring a certified purchaser's compliance
 with the continuing education requirements of this section.
 (b) [(a-1)]  The training, continuing education, and
 certification required under Subsection (a) must include:
 (1)  training on the selection of an appropriate
 procurement method by project type; and
 (2)  training conducted by the Department of
 Information Resources on purchasing technologies.
 (c) [(b)]  Notwithstanding Subsection (i) [(n)], all state
 agency purchasing personnel, including agencies exempted from the
 purchasing authority of the comptroller [commission], must receive
 the training and continuing education to the extent required by
 comptroller rule [of the commission]. The training and continuing
 education must include ethics training. A state agency employee
 who is required to receive the training may not participate in
 purchases by the employing agency unless the employee has received
 the required training or received equivalent training from a
 national association recognized by the comptroller [commission].
 The equivalent training may count, as provided by Subsection (g)
 [(k)], toward the continuing education requirements.
 [(c)     The commission shall set and collect a fee from state
 agencies that employ purchasing personnel. The commission shall
 set the fee in an amount that recovers the commission's costs under
 this section.]
 (d)  The comptroller [commission] may provide training,
 continuing education, and certification under this section to
 purchasing personnel employed by a political subdivision or other
 public entity of the state. Political subdivision purchasing
 personnel may receive, but are not required to receive, the
 training, continuing education, or certification provided under
 this section. [The commission shall collect the fees described by
 Subsection (c) for training, education, or certification under this
 subsection.]
 (e)  [The commission may provide training and continuing
 education under this section using its own personnel or through
 contracts with private entities. The commission may also, by
 agreement with a public entity, use the services of persons
 employed by the public entity to provide training and continuing
 education under this section.
 [(f)     The commission shall provide at least three levels of
 training under this section.
 [(g)]  The [basic] training provided by the comptroller
 [level] must include instruction in:
 (1)  [an introduction to] contract purchasing methods;
 (2)  [,] ethical issues affecting purchasing
 decisions;
 (3)  negotiation methods;
 (4)  writing specifications;
 (5)  the criteria for determining which product or
 service offers the best value for the state;
 (6)  developing evaluation criteria;
 (7)  formal and informal bidding methods;
 (8)  complex negotiations; [,] and
 (9)  [instruction in] any other processes and issues
 that the comptroller [commission] considers appropriate for
 [introductory] purchasing training.
 (f) [(h)     The second training level must include advanced
 instruction in formal and informal bidding methods, introduction to
 negotiation methods, instruction in writing specifications, and
 instruction in any other processes and issues that the commission
 considers appropriate for the second level of purchasing training.
 [(i)     The third training level must include an introduction
 to complex negotiations, instruction in the criteria for
 determining which product or service offers the best value for the
 state, and instruction in any other processes and issues that the
 commission considers appropriate for advanced purchasing training.
 [(j)]  The comptroller [commission] may prescribe the
 circumstances under which a state agency may delegate to a
 certified purchaser signature purchasing authority to approve
 purchase orders.
 (g) [(k)]  The comptroller [commission] shall require a
 reasonable number of hours of continuing education to maintain a
 certification level.  The comptroller [commission] may allow
 attendance at equivalent certification training recognized by the
 comptroller [commission] to count toward the required number of
 hours.  Maintenance of the certification level may be by yearly
 renewal or another reasonable renewal period comparable to
 nationally recognized certification requirements.
 (h) [(l)]  The comptroller by rule shall adopt minimum
 requirements for each level of certification established for state
 agency purchasing personnel by the comptroller under this section
 [commission's prerequisites for receiving a level-two purchaser
 certification must include completion of the basic training level,
 passage of a written examination, and a minimum number of years of
 purchasing experience prescribed by the commission].
 (i) [(m)     The commission's prerequisites for receiving a
 level-three purchaser certification must include completion of the
 second training level, passage of a written examination, and a
 minimum of three years of purchasing experience.
 [(n)]  This section does not apply to an institution to which
 Section 51.9335, Education Code, applies or to an institution to
 which Section 73.115, Education Code, applies.
 Sec. 656.052 [2262.053].  TRAINING AND CERTIFICATION FOR
 CONTRACT MANAGERS. (a)  In this section:
 (1)  "Contract management guide" means the guide
 developed under Section 2262.051.
 (2)  "Contract manager" has the meaning assigned by
 Section 2262.001.
 (a-1)  In coordination with the Department of Information
 Resources, state auditor, and Health and Human Services Commission,
 the comptroller shall develop a training program for contract
 managers.
 (b)  The training must provide the contract manager with
 information regarding how to:
 (1)  fairly and objectively select and negotiate with
 the most qualified contractor;
 (2)  establish prices that are cost-effective and that
 reflect the cost of providing the service;
 (3)  include provisions in a contract that hold the
 contractor accountable for results;
 (4)  monitor and enforce a contract;
 (5)  make payments consistent with the contract;
 (6)  comply with any requirements or goals contained in
 the contract management guide; [and]
 (7)  use and apply advanced sourcing strategies,
 techniques, and tools;
 (8)  maintain required documentation for contracting
 decisions, changes to a contract, and problems with a contract;
 (9)  create a risk evaluation and mitigation strategy;
 (10)  create a plan for potential problems with the
 contract;
 (11)  develop an accurate and comprehensive statement
 of work; and
 (12)  complete the contract and evaluate performance
 under the contract.
 (c)  Each state agency shall ensure that the agency's
 contract managers complete the training developed under this
 section.
 (d)  The comptroller shall administer training under this
 section and may assess a fee for the training in an amount
 sufficient to recover the comptroller's costs under this section.
 (e)  The comptroller shall certify contract managers who
 have completed the contract management training required under this
 section.
 (f)  A state agency may develop qualified contract manager
 training to supplement the training required under this section.
 The comptroller may incorporate the training developed by the
 agency into the training program under this section.
 (g)  The comptroller shall adapt the training required under
 this section and administer an abbreviated training program meeting
 the relevant training requirements under this section for state
 agency employees, other than contract managers, with contract
 management duties.
 Sec. 656.053 [2262.0535].  TRAINING FOR GOVERNING BODIES.
 (a)  In this section, "state agency" has the meaning assigned by
 Section 2056.001.
 (a-1)  The comptroller shall adapt the program developed
 under Section 656.052 [2262.053] to provide an abbreviated program
 for training the members of the governing bodies of state agencies.
 The training may be provided together with other required training
 for members of state agency governing bodies.
 (b)  All members of the governing body of a state agency
 shall complete at least one course of the training provided under
 this section. This subsection does not apply to a state agency that
 does not enter into any contracts.
 (c)  The comptroller may assess a fee for the training
 provided under this section in an amount sufficient to recover the
 comptroller's costs under this section.
 SECTION 4.  Section 2056.002(b), Government Code, is amended
 to read as follows:
 (b)  The Legislative Budget Board and the division of the
 governor's office having responsibility for budget and policy
 [Governor's Office of Budget, Policy, and Planning] shall determine
 the elements required to be included in each agency's strategic
 plan. Unless modified by the Legislative Budget Board and the
 division of the governor's office having responsibility for budget
 and policy [Governor's Office of Budget, Policy, and Planning], and
 except as provided by Subsection (c), a plan must include:
 (1)  a statement of the mission and goals of the state
 agency;
 (2)  a description of the indicators developed under
 this chapter and used to measure the output and outcome of the
 agency;
 (3)  identification of the groups of people served by
 the agency, including those having service priorities, or other
 service measures established by law, and estimates of changes in
 those groups expected during the term of the plan;
 (4)  an analysis of the use of the agency's resources to
 meet the agency's needs, including future needs, and an estimate of
 additional resources that may be necessary to meet future needs;
 (5)  an analysis of expected changes in the services
 provided by the agency because of changes in state or federal law;
 (6)  a description of the means and strategies for
 meeting the agency's needs, including future needs, and achieving
 the goals established under Section 2056.006 for each area of state
 government for which the agency provides services;
 (7)  a description of the capital improvement needs of
 the agency during the term of the plan and a statement, if
 appropriate, of the priority of those needs;
 (8)  identification of each geographic region of this
 state, including the Texas-Louisiana border region and the
 Texas-Mexico border region, served by the agency, and if
 appropriate the agency's means and strategies for serving each
 region;
 (9)  a description of the training of the agency's
 contract managers under Section 656.052 [2262.053];
 (10)  an analysis of the agency's expected expenditures
 that relate to federally owned or operated military installations
 or facilities, or communities where a federally owned or operated
 military installation or facility is located;
 (11)  an analysis of the strategic use of information
 resources as provided by the instructions prepared under Section
 2054.095; and
 (12)  other information that may be required.
 SECTION 5.  Section 2262.101(a), Government Code, is amended
 to read as follows:
 (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 656.052
 [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;
 (6)  developing and recommending policies and
 procedures to improve state agency contract management practices;
 (7)  developing and recommending procedures to improve
 state agency contracting practices by including consideration for
 best value; and
 (8)  creating and periodically performing a risk
 assessment to determine the appropriate level of management and
 oversight of contracts by state agencies.
 SECTION 6.  (a)  Not later than February 1, 2018, the
 comptroller of public accounts shall adopt rules to implement
 Section 656.051, Government Code, as transferred, redesignated,
 and amended by this Act.
 (b)  Section 656.051, Government Code, as transferred,
 redesignated, and amended by this Act, applies only to an
 application for certification under that section that is submitted
 on or after March 1, 2018.  An application submitted before that
 date is governed by the law in effect immediately before the
 effective date of this Act, and the former law is continued in
 effect for that purpose.
 SECTION 7.  This Act takes effect September 1, 2017.