Texas 2017 - 85th Regular

Texas House Bill HB3659 Compare Versions

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

Old	New	Differences
1	1	85R4989 YDB-F
2	2	By: Geren H.B. No. 3659
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to state agency contracting.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Section 2054.1181(a), Government Code, is
10	10	amended to read as follows:
11	11	(a) At the direction of the governor, lieutenant governor,
12	12	or speaker of the house of representatives [The quality assurance
13	13	team, in coordination with the governor, may recommend major
14	14	information resources projects to the department for oversight. As
15	15	part of this oversight], the department shall provide additional
16	16	oversight services for major information resources projects,
17	17	including risk management, quality assurance services, independent
18	18	project monitoring, and project management. A state agency with a
19	19	project selected for oversight shall pay for oversight by the
20	20	department and quality assurance team based on a funding model
21	21	developed by the department. The department may contract with a
22	22	vendor to provide the necessary oversight at the department's
23	23	direction.
24	24	SECTION 2. Section 2054.158, Government Code, is amended to
25	25	read as follows:
26	26	Sec. 2054.158. QUALITY ASSURANCE TEAM; DUTIES. (a) The
27	27	comptroller, state auditor, Legislative Budget Board, and
28	28	department shall:
29	29	(1) create a quality assurance team to perform the
30	30	duties specified in this chapter and other law; [and]
31	31	(2) specify in writing the responsibilities of the
32	32	comptroller, state auditor, Legislative Budget Board, and
33	33	department in performing the duties; and
34	34	(3) create an automated project review system.
35	35	(b) The quality assurance team shall:
36	36	(1) develop and recommend policies and procedures to
37	37	improve state agency information resources technology projects;
38	38	[and]
39	39	(2) develop and recommend procedures to improve the
40	40	implementation of state agency information resources technology
41	41	projects by including considerations for best value and return on
42	42	investment; and
43	43	(3) provide annual training for state agency
44	44	procurement and contract management staff on best practices and
45	45	methodologies for information technology contracts.
46	46	(c) The state auditor serves on the quality assurance team
47	47	as a consultant.
48	48	SECTION 3. Section 2054.303(a), Government Code, is amended
49	49	to read as follows:
50	50	(a) For each proposed major information resources project
51	51	or major contract, a state agency must prepare:
52	52	(1) a business case providing the initial
53	53	justification for the project or contract, including the
54	54	anticipated return on investment in terms of cost savings and
55	55	efficiency for the project or contract; [and]
56	56	(2) a statewide impact analysis of the project's or
57	57	contract's effect on the state's common information resources
58	58	infrastructure, including the possibility of reusing code or other
59	59	resources; and
60	60	(3) in consultation with the department, a technical
61	61	architectural assessment of the project or contract.
62	62	SECTION 4. Section 2054.304, Government Code, is amended by
63	63	adding Subsection (d) to read as follows:
64	64	(d) Each project delivery framework in a project plan must
65	65	be recognized as a best practice for major information resources
66	66	projects or major contracts.
67	67	SECTION 5. Subchapter B, Chapter 2155, Government Code, is
68	68	amended by adding Section 2155.090 to read as follows:
69	69	Sec. 2155.090. VENDOR AND EMPLOYEE INTERACTION AND
70	70	COMMUNICATION POLICY. (a) Each state agency shall adopt a policy
71	71	on the interactions and communication between employees of the
72	72	state agency and a vendor that contracts with the state agency or
73	73	seeks to conduct business with the state agency.
74	74	(b) This subtitle does not prohibit the exchange of
75	75	information between a state agency and a vendor related to future
76	76	solicitations or as necessary to monitor an existing contract.
77	77	SECTION 6. Sections 2157.068(e-1) and (e-2), Government
78	78	Code, are amended to read as follows:
79	79	(e-1) A state agency contracting to purchase a commodity
80	80	item shall use the list maintained as required by Subsection (e) as
81	81	follows:
82	82	(1) for a contract with a value of $50,000 or less, the
83	83	agency may directly award the contract to a vendor included on the
84	84	list without submission of a request for pricing to other vendors on
85	85	the list;
86	86	(2) for a contract with a value of more than $50,000
87	87	but not more than $1 million [$150,000], the agency must submit a
88	88	request for pricing to at least three vendors included on the list
89	89	in the category to which the contract relates; and
90	90	(3) for a contract with a value of more than $1 million
91	91	[$150,000] but not more than $5 [$1] million, the agency must submit
92	92	a request for pricing to at least six vendors included on the list
93	93	in the category to which the contract relates or all vendors on the
94	94	schedule if the category has fewer than six vendors.
95	95	(e-2) A state agency may not enter into a contract to
96	96	purchase a commodity item if the value of the contract exceeds $5
97	97	[$1] million.
98	98	SECTION 7. Section 2261.251, Government Code, is amended by
99	99	adding Subsection (a-1) to read as follows:
100	100	(a-1) This subchapter applies to a regional education
101	101	service center established under Chapter 8, Education Code.
102	102	SECTION 8. Section 2262.101(a), Government Code, is amended
103	103	to read as follows:
104	104	(a) The Contract Advisory Team is created to assist state
105	105	agencies in improving contract management practices by:
106	106	(1) reviewing and making recommendations on the
107	107	solicitation documents and contract documents for contracts of
108	108	state agencies that have a value of at least $5 [$10] million;
109	109	(2) reviewing any findings or recommendations made by
110	110	the state auditor, including those made under Section 2262.052(b),
111	111	regarding a state agency's compliance with the contract management
112	112	guide;
113	113	(3) providing recommendations to the comptroller
114	114	regarding:
115	115	(A) the development of the contract management
116	116	guide; and
117	117	(B) the training under Section 2262.053;
118	118	(4) providing recommendations and assistance to state
119	119	agency personnel throughout the contract management process;
120	120	(5) coordinating and consulting with the quality
121	121	assurance team established under Section 2054.158 on all contracts
122	122	relating to a major information resources project;
123	123	(6) developing and recommending policies and
124	124	procedures to improve state agency contract management practices;
125	125	(7) developing and recommending procedures to improve
126	126	state agency contracting practices by including consideration for
127	127	best value; and
128	128	(8) creating and periodically performing a risk
129	129	assessment to determine the appropriate level of management and
130	130	oversight of contracts by state agencies.
131	131	SECTION 9. Subchapter A, Chapter 8, Education Code, is
132	132	amended by adding Section 8.0091 to read as follows:
133	133	Sec. 8.0091. APPLICABILITY OF CERTAIN STATE CONTRACTING
134	134	LAWS. A regional education service center and each center employee
135	135	is subject to Subchapter F, Chapter 2261, Government Code. For
136	136	purposes of that chapter:
137	137	(1) the center is considered to be a state agency; and
138	138	(2) each center employee is considered to be a state
139	139	employee.
140	140	SECTION 10. (a) Not later than January 1, 2018, each state
141	141	agency shall adopt a vendor and employee interaction and
142	142	communication policy as required by Section 2155.090, Government
143	143	Code, as added by this Act.
144	144	(b) The changes in law made by this Act apply only in
145	145	relation to a contract for which a state agency first advertises or
146	146	otherwise solicits bids, proposals, offers, or qualifications on or
147	147	after the effective date of this Act.
148	148	SECTION 11. This Act takes effect September 1, 2017.