86R13185 JCG-F
By: Longoria H.B. No. 3852
A BILL TO BE ENTITLED
AN ACT
relating to purchasing and contracting by governmental entities;
authorizing fees.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 2155.510, Government Code, is amended to
read as follows:
Sec. 2155.510. REBATES. (a) The comptroller [commission]
may collect a rebate from a vendor under a contract listed on a
schedule developed under this subchapter.
(b) The comptroller shall notify a state agency purchasing a
good or service through a contract listed on a schedule developed
under this subchapter of the percentage used to calculate the
rebate authorized under Subsection (a) [If a purchase resulting in
a rebate under this section is made in whole or in part with federal
funds, the commission shall ensure that, to the extent the purchase
was made with federal funds, the appropriate portion of the rebate
is reported to the purchasing agency for reporting and
reconciliation purposes with the appropriate federal funding
agency].
SECTION 2. Section 2171.055, Government Code, is amended by
adding Subsections (k) and (l) to read as follows:
(k) An officer or employee of a local workforce development
board who is engaged in official board business may participate in
the comptroller's contract for travel services. The comptroller
may charge a participating board a fee not to exceed the costs
incurred by the comptroller in providing services under this
subsection. The comptroller shall periodically review the fees and
adjust the fees as necessary to ensure recovery of costs incurred in
providing services to a local workforce development board under
this subsection. In this subsection, "local workforce development
board" means a local workforce development board created under
Chapter 2308.
(l) An officer or employee of a governmental entity who is
engaged in official business of the governmental entity may
participate in the comptroller's contract for travel services. The
comptroller may charge a participating governmental entity a fee
not to exceed the costs incurred by the comptroller in providing
services under this subsection. The comptroller shall periodically
review the fees and adjust the fees as necessary to ensure recovery
of costs incurred in providing services to governmental entities
under this subsection. This subsection applies only to a
governmental entity that is a party to a compact, interagency
agreement, or cooperative purchasing agreement under Section
2156.181.
SECTION 3. Section 2252.002, Government Code, as amended by
Chapters 1127 (H.B. 1050) and 1404 (H.B. 3648), Acts of the 83rd
Legislature, Regular Session, 2013, is reenacted to read as
follows:
Sec. 2252.002. AWARD OF CONTRACT TO NONRESIDENT BIDDER. A
governmental entity may not award a governmental contract to a
nonresident bidder unless the nonresident underbids the lowest bid
submitted by a responsible resident bidder by an amount that is not
less than the greater of the following:
(1) the amount by which a resident bidder would be
required to underbid the nonresident bidder to obtain a comparable
contract in the state in which the nonresident's principal place of
business is located; or
(2) the amount by which a resident bidder would be
required to underbid the nonresident bidder to obtain a comparable
contract in the state in which a majority of the manufacturing
relating to the contract will be performed.
SECTION 4. Section 2262.004, Government Code, is amended by
adding Subsection (e) to read as follows:
(e) This section does not apply to an attorney who:
(1) holds a license to practice law in this state; and
(2) has not been disciplined by the State Bar of Texas
for a violation of the Texas Disciplinary Rules of Professional
Conduct.
SECTION 5. This Act takes effect September 1, 2019.