85R11213 MCK-F
By: Shaheen H.B. No. 1851
A BILL TO BE ENTITLED
AN ACT
relating to the reporting of certain state agency contract
information and the posting of that information on the Internet.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Section 322.020, Government Code,
is amended to read as follows:
Sec. 322.020. [MAJOR] CONTRACTS DATABASE.
SECTION 2. Section 322.020, Government Code, is amended by
amending Subsections (a), (b), and (c) and adding Subsection (b-1)
to read as follows:
(a) In this section[, "major contract" means]:
(1) "Contract" means a contract, grant, or agreement
for the purchase or sale of goods or services that is entered into
or paid for, wholly or partly, by a state agency or an amendment,
modification, renewal, or extension of the contract, grant, or
agreement. The term includes a revenue generating contract, an
interagency or interlocal grant or agreement, a purchase order, or
other written expression of terms of agreement. [a contract for
which notice is required under one of the following sections:
[(A) Section 2054.008;
[(B) Section 2166.2551;
[(C) Section 2254.006; or
[(D) Section 2254.0301; or]
(2) "State agency" has the meaning assigned by Section
2054.003 [a contract, including an amendment, modification,
renewal, or extension:
[(A) for which notice is not required under a
section listed in Subdivision (1);
[(B) that is not a purchase order, an interagency
contract, or a contract paid only with funds not appropriated by the
General Appropriations Act; and
[(C) with a value that exceeds $50,000].
(b) This section applies only to:
(1) a major consulting services contract, as defined
by Section 2254.021; and
(2) a contract, including any amendment,
modification, renewal, or extension of the contract, that has a
value that exceeds or is reasonably expected to exceed $50,000,
other than:
(A) an enrollment contract described by 1 T.A.C.
Section 391.183 as that section existed on September 1, 2015; or
(B) a contract of the Texas Department of
Transportation that:
(i) relates to highway construction or
engineering; or
(ii) is subject to Section 201.112,
Transportation Code.
(b-1) Not later than the 30th calendar day after the date a
contract is awarded, amended, modified, renewed, or extended, a
[Each] state agency shall provide written notice of the contract to
the Legislative Budget Board. The written notice must include
copies of the following documents:
(1) each [major] contract entered into by the agency,
including each amendment, modification, renewal, or extension of
the contract; and
(2) each request for proposal, invitation to bid, or
comparable solicitation related to the [major] contract.
(c) The Legislative Budget Board shall post on the Internet
a copy of:
(1) each [major] contract, including each amendment,
modification, renewal, or extension of the contract [of a state
agency]; and
(2) each request for proposal, invitation to bid, or
comparable solicitation related to the [major] contract.
SECTION 3. Section 2261.253, Government Code, is amended to
read as follows:
Sec. 2261.253. REQUIRED POSTING OF [CERTAIN CONTRACTS;
ENHANCED] CONTRACT INFORMATION AND PERFORMANCE MONITORING. (a)
Each [For each contract for the purchase of goods or services from a
private vendor, each] state agency shall post on its Internet
website's home page a link to the Legislative Budget Board's
contracts database established under Section 322.020. [website:
[(1) each contract the agency enters into, including
contracts entered into without inviting, advertising for, or
otherwise requiring competitive bidding before selection of the
contractor, until the contract expires or is completed;
[(2) the statutory or other authority under which a
contract that is not competitively bid under Subdivision (1) is
entered into without compliance with competitive bidding
procedures; and
[(3) the request for proposals related to a
competitively bid contract included under Subdivision (1) until the
contract expires or is completed.]
(b) [A state agency monthly may post contracts described by
Subsection (a) that are valued at less than $15,000.
[(c)] Each state agency by rule shall establish a procedure
to identify each contract that requires enhanced contract or
performance monitoring and submit information on the contract to
the agency's governing body or, if the agency is not governed by a
multimember governing body, the officer who governs the agency.
The agency's contract management office or procurement director
shall immediately notify the agency's governing body or governing
official, as appropriate, of any serious issue or risk that is
identified with respect to a contract monitored under this
subsection.
[(d) This section does not apply to a memorandum of
understanding, interagency contract, interlocal agreement, or
contract for which there is not a cost.]
SECTION 4. Section 2054.0965, Government Code, is amended
by amending Subsection (b) and adding Subsection (c) to read as
follows:
(b) Except as otherwise modified by rules adopted by the
department, the review must include:
(1) an inventory of the agency's major information
systems[, as defined by Section 2054.008,] and other operational or
logistical components related to deployment of information
resources as prescribed by the department;
(2) an inventory of the agency's major databases and
applications;
(3) a description of the agency's existing and planned
telecommunications network configuration;
(4) an analysis of how information systems,
components, databases, applications, and other information
resources have been deployed by the agency in support of:
(A) applicable achievement goals established
under Section 2056.006 and the state strategic plan adopted under
Section 2056.009;
(B) the state strategic plan for information
resources; and
(C) the agency's business objectives, mission,
and goals;
(5) agency information necessary to support the state
goals for interoperability and reuse; and
(6) confirmation by the agency of compliance with
state statutes, rules, and standards relating to information
resources.
(c) In this section, "major information system" includes:
(1) one or more computers that in the aggregate cost
more than $100,000;
(2) a service related to computers, including computer
software, that costs more than $100,000; and
(3) a telecommunications apparatus or device that
serves as a voice, data, or video communications network for
transmitting, switching, routing, multiplexing, modulating,
amplifying, or receiving signals on the network and costs more than
$100,000.
SECTION 5. The following sections of the Government Code
are repealed:
(1) Section 322.020(f);
(2) Section 2054.008;
(3) Section 2166.2551;
(4) Section 2254.006; and
(5) Section 2254.0301.
SECTION 6. The changes in law made by this Act apply to a
contract entered into or amended, modified, renewed, or extended on
or after the effective date of this Act. A contract entered into or
amended, modified, renewed, or extended before the effective date
of this Act is governed by the law in effect on the date the contract
was entered into or amended, modified, renewed, or extended, and
the former law is continued in effect for that purpose.
SECTION 7. This Act takes effect September 1, 2017.