Texas 2017 - 85th Regular

Texas House Bill HB1695 Compare Versions

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

Old	New	Differences
1	1	85R1389 JCG-F
2	2	By: Shaheen H.B. No. 1695
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to training for governmental entities and vendors,
8	8	including purchasing and contract management training; authorizing
9	9	fees.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Section 656.047, Government Code, is amended by
12	12	adding Subsection (c) to read as follows:
13	13	(c) A state agency that spends more than $5,000 in a state
14	14	fiscal year for a training or education program for any individual
15	15	administrator or employee shall, not later than August 31 of that
16	16	year, submit to the Legislative Budget Board a report including:
17	17	(1) a list of the administrators and employees
18	18	participating in a training or education program and receiving
19	19	payment from the agency;
20	20	(2) the amount spent on each administrator or
21	21	employee; and
22	22	(3) the certification earned by each administrator or
23	23	employee through the training or education program.
24	24	SECTION 2. Subchapter C, Chapter 656, Government Code, is
25	25	amended by adding Section 656.054 to read as follows:
26	26	Sec. 656.054. PURCHASING AND CONTRACT MANAGEMENT TRAINING
27	27	BY COMPTROLLER. (a) The comptroller shall develop training
28	28	programs provided by the comptroller under this subchapter to meet
29	29	the needs of state agencies.
30	30	(b) Each year a state agency shall estimate the number of
31	31	employees requiring purchasing or contract management training and
32	32	report the anticipated training needs of the state agency to the
33	33	comptroller in the manner and form prescribed by the comptroller.
34	34	(c) On an annual basis the comptroller shall assess the
35	35	number of employees requiring purchasing or contract management
36	36	training and shall maintain a regular schedule of classes to
37	37	accommodate that number.
38	38	(d) The comptroller may use staff or contract with private
39	39	or public entities, including state agencies, to conduct the
40	40	training.
41	41	(e) The comptroller may assess a fee for a training program,
42	42	including continuing education and certification, in an amount
43	43	sufficient to recover the costs incurred by the comptroller to
44	44	provide the training program under this subchapter.
45	45	SECTION 3. Sections 2054.057, 2155.078, 2262.053, and
46	46	2262.0535, Government Code, are transferred to Subchapter C,
47	47	Chapter 656, Government Code, redesignated as Sections 656.050,
48	48	656.051, 656.052, and 656.053, Government Code, respectively, and
49	49	amended to read as follows:
50	50	Sec. 656.050 [2054.057]. TRAINING IN CONTRACT NEGOTIATION
51	51	FOR PURCHASES OF INFORMATION RESOURCES TECHNOLOGIES. (a) In this
52	52	section:
53	53	(1) "Department" means the Department of Information
54	54	Resources.
55	55	(2) "Information resources technologies" has the
56	56	meaning assigned by Section 2054.003.
57	57	(a-1) The department, with the cooperation of the
58	58	comptroller and other appropriate state agencies, shall develop and
59	59	implement a program to train state agency personnel in effectively
60	60	negotiating contracts for the purchase of information resources
61	61	technologies.
62	62	(b) The department shall make the training available to
63	63	state agency personnel who are directly or indirectly involved in
64	64	contract negotiations, such as senior or operational management,
65	65	purchasers, users of the purchased technologies, and personnel with
66	66	relevant technical, legal, or financial knowledge. State agency
67	67	personnel directly involved in contract negotiations for the
68	68	purchase of information resources technologies shall complete the
69	69	training developed by the department.
70	70	(c) The department shall include in the training:
71	71	(1) information on developing a structured purchasing
72	72	method that meets an agency's needs;
73	73	(2) information drawn from the state's previous
74	74	procurement experience about what is or is not advantageous for the
75	75	state;
76	76	(3) the perspective of state agencies with oversight
77	77	responsibilities related to the state's procurement of information
78	78	resources technologies; [and]
79	79	(4) information on how to use contracts entered into
80	80	by the department under Section 2157.068; and
81	81	(5) other information that the department considers
82	82	to be useful.
83	83	(d) The department may use its own staff or contract with
84	84	private entities or other state agencies to conduct the training.
85	85	Sec. 656.051 [2155.078]. TRAINING AND CERTIFICATION OF
86	86	STATE AGENCY PURCHASING PERSONNEL AND VENDORS. (a) The
87	87	comptroller [commission] shall establish and administer a system of
88	88	training, continuing education, and certification for state agency
89	89	purchasing personnel. The training and continuing education for
90	90	state agency purchasing personnel must include ethics training.
91	91	The comptroller [commission] may establish and offer appropriate
92	92	training to vendors on a cost recovery basis. The comptroller
93	93	[commission] may adopt rules to administer this section, including
94	94	rules relating to monitoring a certified purchaser's compliance
95	95	with the continuing education requirements of this section.
96	96	(b) [(a-1)] The training, continuing education, and
97	97	certification required under Subsection (a) must include:
98	98	(1) training on the selection of an appropriate
99	99	procurement method by project type; and
100	100	(2) training conducted by the Department of
101	101	Information Resources on purchasing technologies.
102	102	(c) [(b)] Notwithstanding Subsection (i) [(n)], all state
103	103	agency purchasing personnel, including agencies exempted from the
104	104	purchasing authority of the comptroller [commission], must receive
105	105	the training and continuing education to the extent required by
106	106	comptroller rule [of the commission]. The training and continuing
107	107	education must include ethics training. A state agency employee
108	108	who is required to receive the training may not participate in
109	109	purchases by the employing agency unless the employee has received
110	110	the required training or received equivalent training from a
111	111	national association recognized by the comptroller [commission].
112	112	The equivalent training may count, as provided by Subsection (g)
113	113	[(k)], toward the continuing education requirements.
114	114	[(c) The commission shall set and collect a fee from state
115	115	agencies that employ purchasing personnel. The commission shall
116	116	set the fee in an amount that recovers the commission's costs under
117	117	this section.]
118	118	(d) The comptroller [commission] may provide training,
119	119	continuing education, and certification under this section to
120	120	purchasing personnel employed by a political subdivision or other
121	121	public entity of the state. Political subdivision purchasing
122	122	personnel may receive, but are not required to receive, the
123	123	training, continuing education, or certification provided under
124	124	this section. [The commission shall collect the fees described by
125	125	Subsection (c) for training, education, or certification under this
126	126	subsection.]
127	127	(e) [The commission may provide training and continuing
128	128	education under this section using its own personnel or through
129	129	contracts with private entities. The commission may also, by
130	130	agreement with a public entity, use the services of persons
131	131	employed by the public entity to provide training and continuing
132	132	education under this section.
133	133	[(f) The commission shall provide at least three levels of
134	134	training under this section.
135	135	[(g)] The [basic] training provided by the comptroller
136	136	[level] must include instruction in:
137	137	(1) [an introduction to] contract purchasing methods;
138	138	(2) [,] ethical issues affecting purchasing
139	139	decisions;
140	140	(3) negotiation methods;
141	141	(4) writing specifications;
142	142	(5) the criteria for determining which product or
143	143	service offers the best value for the state;
144	144	(6) developing evaluation criteria;
145	145	(7) formal and informal bidding methods;
146	146	(8) complex negotiations; [,] and
147	147	(9) [instruction in] any other processes and issues
148	148	that the comptroller [commission] considers appropriate for
149	149	[introductory] purchasing training.
150	150	(f) [(h) The second training level must include advanced
151	151	instruction in formal and informal bidding methods, introduction to
152	152	negotiation methods, instruction in writing specifications, and
153	153	instruction in any other processes and issues that the commission
154	154	considers appropriate for the second level of purchasing training.
155	155	[(i) The third training level must include an introduction
156	156	to complex negotiations, instruction in the criteria for
157	157	determining which product or service offers the best value for the
158	158	state, and instruction in any other processes and issues that the
159	159	commission considers appropriate for advanced purchasing training.
160	160	[(j)] The comptroller [commission] may prescribe the
161	161	circumstances under which a state agency may delegate to a
162	162	certified purchaser signature purchasing authority to approve
163	163	purchase orders.
164	164	(g) [(k)] The comptroller [commission] shall require a
165	165	reasonable number of hours of continuing education to maintain a
166	166	certification level. The comptroller [commission] may allow
167	167	attendance at equivalent certification training recognized by the
168	168	comptroller [commission] to count toward the required number of
169	169	hours. Maintenance of the certification level may be by yearly
170	170	renewal or another reasonable renewal period comparable to
171	171	nationally recognized certification requirements.
172	172	(h) [(l)] The comptroller by rule shall adopt minimum
173	173	requirements for each level of certification established for state
174	174	agency purchasing personnel by the comptroller under this section
175	175	[commission's prerequisites for receiving a level-two purchaser
176	176	certification must include completion of the basic training level,
177	177	passage of a written examination, and a minimum number of years of
178	178	purchasing experience prescribed by the commission].
179	179	(i) [(m) The commission's prerequisites for receiving a
180	180	level-three purchaser certification must include completion of the
181	181	second training level, passage of a written examination, and a
182	182	minimum of three years of purchasing experience.
183	183	[(n)] This section does not apply to an institution to which
184	184	Section 51.9335, Education Code, applies or to an institution to
185	185	which Section 73.115, Education Code, applies.
186	186	Sec. 656.052 [2262.053]. TRAINING AND CERTIFICATION FOR
187	187	CONTRACT MANAGERS. (a) In this section:
188	188	(1) "Contract management guide" means the guide
189	189	developed under Section 2262.051.
190	190	(2) "Contract manager" has the meaning assigned by
191	191	Section 2262.001.
192	192	(a-1) In coordination with the Department of Information
193	193	Resources, state auditor, and Health and Human Services Commission,
194	194	the comptroller shall develop a training program for contract
195	195	managers.
196	196	(b) The training must provide the contract manager with
197	197	information regarding how to:
198	198	(1) fairly and objectively select and negotiate with
199	199	the most qualified contractor;
200	200	(2) establish prices that are cost-effective and that
201	201	reflect the cost of providing the service;
202	202	(3) include provisions in a contract that hold the
203	203	contractor accountable for results;
204	204	(4) monitor and enforce a contract;
205	205	(5) make payments consistent with the contract;
206	206	(6) comply with any requirements or goals contained in
207	207	the contract management guide; [and]
208	208	(7) use and apply advanced sourcing strategies,
209	209	techniques, and tools;
210	210	(8) maintain required documentation for contracting
211	211	decisions, changes to a contract, and problems with a contract;
212	212	(9) create a risk evaluation and mitigation strategy;
213	213	(10) create a plan for potential problems with the
214	214	contract;
215	215	(11) develop an accurate and comprehensive statement
216	216	of work; and
217	217	(12) complete the contract and evaluate performance
218	218	under the contract.
219	219	(c) Each state agency shall ensure that the agency's
220	220	contract managers complete the training developed under this
221	221	section.
222	222	(d) The comptroller shall administer training under this
223	223	section and may assess a fee for the training in an amount
224	224	sufficient to recover the comptroller's costs under this section.
225	225	(e) The comptroller shall certify contract managers who
226	226	have completed the contract management training required under this
227	227	section.
228	228	(f) A state agency may develop qualified contract manager
229	229	training to supplement the training required under this section.
230	230	The comptroller may incorporate the training developed by the
231	231	agency into the training program under this section.
232	232	(g) The comptroller shall adapt the training required under
233	233	this section and administer an abbreviated training program meeting
234	234	the relevant training requirements under this section for state
235	235	agency employees, other than contract managers, with contract
236	236	management duties.
237	237	Sec. 656.053 [2262.0535]. TRAINING FOR GOVERNING BODIES.
238	238	(a) In this section, "state agency" has the meaning assigned by
239	239	Section 2056.001.
240	240	(a-1) The comptroller shall adapt the program developed
241	241	under Section 656.052 [2262.053] to provide an abbreviated program
242	242	for training the members of the governing bodies of state agencies.
243	243	The training may be provided together with other required training
244	244	for members of state agency governing bodies.
245	245	(b) All members of the governing body of a state agency
246	246	shall complete at least one course of the training provided under
247	247	this section. This subsection does not apply to a state agency that
248	248	does not enter into any contracts.
249	249	(c) The comptroller may assess a fee for the training
250	250	provided under this section in an amount sufficient to recover the
251	251	comptroller's costs under this section.
252	252	SECTION 4. Section 2056.002(b), Government Code, is amended
253	253	to read as follows:
254	254	(b) The Legislative Budget Board and the division of the
255	255	governor's office having responsibility for budget and policy
256	256	[Governor's Office of Budget, Policy, and Planning] shall determine
257	257	the elements required to be included in each agency's strategic
258	258	plan. Unless modified by the Legislative Budget Board and the
259	259	division of the governor's office having responsibility for budget
260	260	and policy [Governor's Office of Budget, Policy, and Planning], and
261	261	except as provided by Subsection (c), a plan must include:
262	262	(1) a statement of the mission and goals of the state
263	263	agency;
264	264	(2) a description of the indicators developed under
265	265	this chapter and used to measure the output and outcome of the
266	266	agency;
267	267	(3) identification of the groups of people served by
268	268	the agency, including those having service priorities, or other
269	269	service measures established by law, and estimates of changes in
270	270	those groups expected during the term of the plan;
271	271	(4) an analysis of the use of the agency's resources to
272	272	meet the agency's needs, including future needs, and an estimate of
273	273	additional resources that may be necessary to meet future needs;
274	274	(5) an analysis of expected changes in the services
275	275	provided by the agency because of changes in state or federal law;
276	276	(6) a description of the means and strategies for
277	277	meeting the agency's needs, including future needs, and achieving
278	278	the goals established under Section 2056.006 for each area of state
279	279	government for which the agency provides services;
280	280	(7) a description of the capital improvement needs of
281	281	the agency during the term of the plan and a statement, if
282	282	appropriate, of the priority of those needs;
283	283	(8) identification of each geographic region of this
284	284	state, including the Texas-Louisiana border region and the
285	285	Texas-Mexico border region, served by the agency, and if
286	286	appropriate the agency's means and strategies for serving each
287	287	region;
288	288	(9) a description of the training of the agency's
289	289	contract managers under Section 656.052 [2262.053];
290	290	(10) an analysis of the agency's expected expenditures
291	291	that relate to federally owned or operated military installations
292	292	or facilities, or communities where a federally owned or operated
293	293	military installation or facility is located;
294	294	(11) an analysis of the strategic use of information
295	295	resources as provided by the instructions prepared under Section
296	296	2054.095; and
297	297	(12) other information that may be required.
298	298	SECTION 5. Section 2262.101(a), Government Code, is amended
299	299	to read as follows:
300	300	(a) The Contract Advisory Team is created to assist state
301	301	agencies in improving contract management practices by:
302	302	(1) reviewing and making recommendations on the
303	303	solicitation documents and contract documents for contracts of
304	304	state agencies that have a value of at least $10 million;
305	305	(2) reviewing any findings or recommendations made by
306	306	the state auditor, including those made under Section 2262.052(b),
307	307	regarding a state agency's compliance with the contract management
308	308	guide;
309	309	(3) providing recommendations to the comptroller
310	310	regarding:
311	311	(A) the development of the contract management
312	312	guide; and
313	313	(B) the training under Section 656.052
314	314	[2262.053];
315	315	(4) providing recommendations and assistance to state
316	316	agency personnel throughout the contract management process;
317	317	(5) coordinating and consulting with the quality
318	318	assurance team established under Section 2054.158 on all contracts
319	319	relating to a major information resources project;
320	320	(6) developing and recommending policies and
321	321	procedures to improve state agency contract management practices;
322	322	(7) developing and recommending procedures to improve
323	323	state agency contracting practices by including consideration for
324	324	best value; and
325	325	(8) creating and periodically performing a risk
326	326	assessment to determine the appropriate level of management and
327	327	oversight of contracts by state agencies.
328	328	SECTION 6. (a) Not later than February 1, 2018, the
329	329	comptroller of public accounts shall adopt rules to implement
330	330	Section 656.051, Government Code, as transferred, redesignated,
331	331	and amended by this Act.
332	332	(b) Section 656.051, Government Code, as transferred,
333	333	redesignated, and amended by this Act, applies only to an
334	334	application for certification under that section that is submitted
335	335	on or after March 1, 2018. An application submitted before that
336	336	date is governed by the law in effect immediately before the
337	337	effective date of this Act, and the former law is continued in
338	338	effect for that purpose.
339	339	SECTION 7. This Act takes effect September 1, 2017.