| 1 | 1 | | 86R13185 JCG-F |
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| 2 | 2 | | By: Longoria H.B. No. 3852 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to purchasing and contracting by governmental entities; |
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| 8 | 8 | | authorizing fees. |
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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 2155.510, Government Code, is amended to |
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| 11 | 11 | | read as follows: |
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| 12 | 12 | | Sec. 2155.510. REBATES. (a) The comptroller [commission] |
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| 13 | 13 | | may collect a rebate from a vendor under a contract listed on a |
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| 14 | 14 | | schedule developed under this subchapter. |
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| 15 | 15 | | (b) The comptroller shall notify a state agency purchasing a |
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| 16 | 16 | | good or service through a contract listed on a schedule developed |
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| 17 | 17 | | under this subchapter of the percentage used to calculate the |
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| 18 | 18 | | rebate authorized under Subsection (a) [If a purchase resulting in |
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| 19 | 19 | | a rebate under this section is made in whole or in part with federal |
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| 20 | 20 | | funds, the commission shall ensure that, to the extent the purchase |
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| 21 | 21 | | was made with federal funds, the appropriate portion of the rebate |
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| 22 | 22 | | is reported to the purchasing agency for reporting and |
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| 23 | 23 | | reconciliation purposes with the appropriate federal funding |
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| 24 | 24 | | agency]. |
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| 25 | 25 | | SECTION 2. Section 2171.055, Government Code, is amended by |
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| 26 | 26 | | adding Subsections (k) and (l) to read as follows: |
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| 27 | 27 | | (k) An officer or employee of a local workforce development |
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| 28 | 28 | | board who is engaged in official board business may participate in |
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| 29 | 29 | | the comptroller's contract for travel services. The comptroller |
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| 30 | 30 | | may charge a participating board a fee not to exceed the costs |
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| 31 | 31 | | incurred by the comptroller in providing services under this |
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| 32 | 32 | | subsection. The comptroller shall periodically review the fees and |
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| 33 | 33 | | adjust the fees as necessary to ensure recovery of costs incurred in |
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| 34 | 34 | | providing services to a local workforce development board under |
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| 35 | 35 | | this subsection. In this subsection, "local workforce development |
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| 36 | 36 | | board" means a local workforce development board created under |
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| 37 | 37 | | Chapter 2308. |
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| 38 | 38 | | (l) An officer or employee of a governmental entity who is |
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| 39 | 39 | | engaged in official business of the governmental entity may |
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| 40 | 40 | | participate in the comptroller's contract for travel services. The |
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| 41 | 41 | | comptroller may charge a participating governmental entity a fee |
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| 42 | 42 | | not to exceed the costs incurred by the comptroller in providing |
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| 43 | 43 | | services under this subsection. The comptroller shall periodically |
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| 44 | 44 | | review the fees and adjust the fees as necessary to ensure recovery |
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| 45 | 45 | | of costs incurred in providing services to governmental entities |
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| 46 | 46 | | under this subsection. This subsection applies only to a |
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| 47 | 47 | | governmental entity that is a party to a compact, interagency |
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| 48 | 48 | | agreement, or cooperative purchasing agreement under Section |
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| 49 | 49 | | 2156.181. |
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| 50 | 50 | | SECTION 3. Section 2252.002, Government Code, as amended by |
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| 51 | 51 | | Chapters 1127 (H.B. 1050) and 1404 (H.B. 3648), Acts of the 83rd |
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| 52 | 52 | | Legislature, Regular Session, 2013, is reenacted to read as |
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| 53 | 53 | | follows: |
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| 54 | 54 | | Sec. 2252.002. AWARD OF CONTRACT TO NONRESIDENT BIDDER. A |
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| 55 | 55 | | governmental entity may not award a governmental contract to a |
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| 56 | 56 | | nonresident bidder unless the nonresident underbids the lowest bid |
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| 57 | 57 | | submitted by a responsible resident bidder by an amount that is not |
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| 58 | 58 | | less than the greater of the following: |
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| 59 | 59 | | (1) the amount by which a resident bidder would be |
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| 60 | 60 | | required to underbid the nonresident bidder to obtain a comparable |
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| 61 | 61 | | contract in the state in which the nonresident's principal place of |
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| 62 | 62 | | business is located; or |
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| 63 | 63 | | (2) the amount by which a resident bidder would be |
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| 64 | 64 | | required to underbid the nonresident bidder to obtain a comparable |
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| 65 | 65 | | contract in the state in which a majority of the manufacturing |
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| 66 | 66 | | relating to the contract will be performed. |
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| 67 | 67 | | SECTION 4. Section 2262.004, Government Code, is amended by |
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| 68 | 68 | | adding Subsection (e) to read as follows: |
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| 69 | 69 | | (e) This section does not apply to an attorney who: |
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| 70 | 70 | | (1) holds a license to practice law in this state; and |
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| 71 | 71 | | (2) has not been disciplined by the State Bar of Texas |
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| 72 | 72 | | for a violation of the Texas Disciplinary Rules of Professional |
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| 73 | 73 | | Conduct. |
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| 74 | 74 | | SECTION 5. This Act takes effect September 1, 2019. |
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