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