Texas 2017 - 85th Regular

Texas House Bill HB1851 Compare Versions

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

Old	New	Differences
1	1	85R11213 MCK-F
2	2	By: Shaheen H.B. No. 1851
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the reporting of certain state agency contract
8	8	information and the posting of that information on the Internet.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. The heading to Section 322.020, Government Code,
11	11	is amended to read as follows:
12	12	Sec. 322.020. [MAJOR] CONTRACTS DATABASE.
13	13	SECTION 2. Section 322.020, Government Code, is amended by
14	14	amending Subsections (a), (b), and (c) and adding Subsection (b-1)
15	15	to read as follows:
16	16	(a) In this section[, "major contract" means]:
17	17	(1) "Contract" means a contract, grant, or agreement
18	18	for the purchase or sale of goods or services that is entered into
19	19	or paid for, wholly or partly, by a state agency or an amendment,
20	20	modification, renewal, or extension of the contract, grant, or
21	21	agreement. The term includes a revenue generating contract, an
22	22	interagency or interlocal grant or agreement, a purchase order, or
23	23	other written expression of terms of agreement. [a contract for
24	24	which notice is required under one of the following sections:
25	25	[(A) Section 2054.008;
26	26	[(B) Section 2166.2551;
27	27	[(C) Section 2254.006; or
28	28	[(D) Section 2254.0301; or]
29	29	(2) "State agency" has the meaning assigned by Section
30	30	2054.003 [a contract, including an amendment, modification,
31	31	renewal, or extension:
32	32	[(A) for which notice is not required under a
33	33	section listed in Subdivision (1);
34	34	[(B) that is not a purchase order, an interagency
35	35	contract, or a contract paid only with funds not appropriated by the
36	36	General Appropriations Act; and
37	37	[(C) with a value that exceeds $50,000].
38	38	(b) This section applies only to:
39	39	(1) a major consulting services contract, as defined
40	40	by Section 2254.021; and
41	41	(2) a contract, including any amendment,
42	42	modification, renewal, or extension of the contract, that has a
43	43	value that exceeds or is reasonably expected to exceed $50,000,
44	44	other than:
45	45	(A) an enrollment contract described by 1 T.A.C.
46	46	Section 391.183 as that section existed on September 1, 2015; or
47	47	(B) a contract of the Texas Department of
48	48	Transportation that:
49	49	(i) relates to highway construction or
50	50	engineering; or
51	51	(ii) is subject to Section 201.112,
52	52	Transportation Code.
53	53	(b-1) Not later than the 30th calendar day after the date a
54	54	contract is awarded, amended, modified, renewed, or extended, a
55	55	[Each] state agency shall provide written notice of the contract to
56	56	the Legislative Budget Board. The written notice must include
57	57	copies of the following documents:
58	58	(1) each [major] contract entered into by the agency,
59	59	including each amendment, modification, renewal, or extension of
60	60	the contract; and
61	61	(2) each request for proposal, invitation to bid, or
62	62	comparable solicitation related to the [major] contract.
63	63	(c) The Legislative Budget Board shall post on the Internet
64	64	a copy of:
65	65	(1) each [major] contract, including each amendment,
66	66	modification, renewal, or extension of the contract [of a state
67	67	agency]; and
68	68	(2) each request for proposal, invitation to bid, or
69	69	comparable solicitation related to the [major] contract.
70	70	SECTION 3. Section 2261.253, Government Code, is amended to
71	71	read as follows:
72	72	Sec. 2261.253. REQUIRED POSTING OF [CERTAIN CONTRACTS;
73	73	ENHANCED] CONTRACT INFORMATION AND PERFORMANCE MONITORING. (a)
74	74	Each [For each contract for the purchase of goods or services from a
75	75	private vendor, each] state agency shall post on its Internet
76	76	website's home page a link to the Legislative Budget Board's
77	77	contracts database established under Section 322.020. [website:
78	78	[(1) each contract the agency enters into, including
79	79	contracts entered into without inviting, advertising for, or
80	80	otherwise requiring competitive bidding before selection of the
81	81	contractor, until the contract expires or is completed;
82	82	[(2) the statutory or other authority under which a
83	83	contract that is not competitively bid under Subdivision (1) is
84	84	entered into without compliance with competitive bidding
85	85	procedures; and
86	86	[(3) the request for proposals related to a
87	87	competitively bid contract included under Subdivision (1) until the
88	88	contract expires or is completed.]
89	89	(b) [A state agency monthly may post contracts described by
90	90	Subsection (a) that are valued at less than $15,000.
91	91	[(c)] Each state agency by rule shall establish a procedure
92	92	to identify each contract that requires enhanced contract or
93	93	performance monitoring and submit information on the contract to
94	94	the agency's governing body or, if the agency is not governed by a
95	95	multimember governing body, the officer who governs the agency.
96	96	The agency's contract management office or procurement director
97	97	shall immediately notify the agency's governing body or governing
98	98	official, as appropriate, of any serious issue or risk that is
99	99	identified with respect to a contract monitored under this
100	100	subsection.
101	101	[(d) This section does not apply to a memorandum of
102	102	understanding, interagency contract, interlocal agreement, or
103	103	contract for which there is not a cost.]
104	104	SECTION 4. Section 2054.0965, Government Code, is amended
105	105	by amending Subsection (b) and adding Subsection (c) to read as
106	106	follows:
107	107	(b) Except as otherwise modified by rules adopted by the
108	108	department, the review must include:
109	109	(1) an inventory of the agency's major information
110	110	systems[, as defined by Section 2054.008,] and other operational or
111	111	logistical components related to deployment of information
112	112	resources as prescribed by the department;
113	113	(2) an inventory of the agency's major databases and
114	114	applications;
115	115	(3) a description of the agency's existing and planned
116	116	telecommunications network configuration;
117	117	(4) an analysis of how information systems,
118	118	components, databases, applications, and other information
119	119	resources have been deployed by the agency in support of:
120	120	(A) applicable achievement goals established
121	121	under Section 2056.006 and the state strategic plan adopted under
122	122	Section 2056.009;
123	123	(B) the state strategic plan for information
124	124	resources; and
125	125	(C) the agency's business objectives, mission,
126	126	and goals;
127	127	(5) agency information necessary to support the state
128	128	goals for interoperability and reuse; and
129	129	(6) confirmation by the agency of compliance with
130	130	state statutes, rules, and standards relating to information
131	131	resources.
132	132	(c) In this section, "major information system" includes:
133	133	(1) one or more computers that in the aggregate cost
134	134	more than $100,000;
135	135	(2) a service related to computers, including computer
136	136	software, that costs more than $100,000; and
137	137	(3) a telecommunications apparatus or device that
138	138	serves as a voice, data, or video communications network for
139	139	transmitting, switching, routing, multiplexing, modulating,
140	140	amplifying, or receiving signals on the network and costs more than
141	141	$100,000.
142	142	SECTION 5. The following sections of the Government Code
143	143	are repealed:
144	144	(1) Section 322.020(f);
145	145	(2) Section 2054.008;
146	146	(3) Section 2166.2551;
147	147	(4) Section 2254.006; and
148	148	(5) Section 2254.0301.
149	149	SECTION 6. The changes in law made by this Act apply to a
150	150	contract entered into or amended, modified, renewed, or extended on
151	151	or after the effective date of this Act. A contract entered into or
152	152	amended, modified, renewed, or extended before the effective date
153	153	of this Act is governed by the law in effect on the date the contract
154	154	was entered into or amended, modified, renewed, or extended, and
155	155	the former law is continued in effect for that purpose.
156	156	SECTION 7. This Act takes effect September 1, 2017.