| 1 | 1 | | By: Biedermann H.B. No. 3823 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | A BILL TO BE ENTITLED |
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| 5 | 5 | | AN ACT |
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| 6 | 6 | | relating to authorizing a vendor to provide certain consultation to |
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| 7 | 7 | | a state agency regarding the agency's purchase of goods and |
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| 8 | 8 | | services. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 2155.004(a), Government Code, is amended |
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| 11 | 11 | | to read as follows: |
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| 12 | 12 | | (a) Except as provided by Section 2155.0041, a [A] state |
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| 13 | 13 | | agency may not accept a bid or award a contract that includes |
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| 14 | 14 | | proposed financial participation by a person who received |
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| 15 | 15 | | compensation from the agency to participate in preparing the |
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| 16 | 16 | | specifications or request for proposals on which the bid or |
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| 17 | 17 | | contract is based. |
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| 18 | 18 | | SECTION 2. Subchapter A, Chapter 2155, Government Code, is |
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| 19 | 19 | | amended by adding Section 2155.0041 to read as follows: |
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| 20 | 20 | | Sec. 2155.0041. AUTHORIZED CONSULTATION WITH CERTAIN |
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| 21 | 21 | | VENDORS. (a) A state agency may consult with an expert, |
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| 22 | 22 | | consultant, manufacturer, service provider, or public or private |
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| 23 | 23 | | research institution to determine trends in technology and markets, |
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| 24 | 24 | | to perform pilot and proof of concept projects, to perform testing |
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| 25 | 25 | | and evaluation, to develop solutions to potential threats and |
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| 26 | 26 | | problems, and to determine options for the procurement of goods or |
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| 27 | 27 | | services in the following areas: |
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| 28 | 28 | | (1) counterterrorism; |
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| 29 | 29 | | (2) border security; |
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| 30 | 30 | | (3) law enforcement officer safety; and |
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| 31 | 31 | | (4) emergency response. |
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| 32 | 32 | | (b) A person who consults with a state agency as authorized |
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| 33 | 33 | | by Subsection (a) is not prohibited from entering into a contract |
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| 34 | 34 | | with that state agency to provide a good or service that relates to |
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| 35 | 35 | | the consultation unless the consultation relates to a pending |
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| 36 | 36 | | request for proposal. |
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| 37 | 37 | | (c) A state agency may make a purchase relating to a topic |
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| 38 | 38 | | described by Subsection (a) under the procedures prescribed for an |
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| 39 | 39 | | emergency purchase by the agency under Section 2155.137, except |
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| 40 | 40 | | that the state agency is not required to prepare a letter of |
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| 41 | 41 | | justification for the emergency purchase as required by comptroller |
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| 42 | 42 | | rule. |
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| 43 | 43 | | SECTION 3. This Act takes effect September 1, 2017. |
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