| 1 | 1 | | 87R5598 MWC-D |
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| 2 | 2 | | By: Longoria H.B. No. 1380 |
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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 information technology purchased through the |
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| 8 | 8 | | Department of Information Resources. |
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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. Sections 2157.068(a) and (e-3), Government Code, |
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| 11 | 11 | | are amended to read as follows: |
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| 12 | 12 | | (a) In this section, "commodity items" means commercial |
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| 13 | 13 | | software, hardware, or technology services, other than |
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| 14 | 14 | | telecommunications services, that are generally available to |
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| 15 | 15 | | businesses or the public and for which the department determines |
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| 16 | 16 | | that a reasonable demand exists from [in] two or more customers, |
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| 17 | 17 | | including state agencies and political subdivisions of this state, |
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| 18 | 18 | | entities described by Subsection (j), and governmental entities of |
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| 19 | 19 | | another state, that purchase the items through the department. The |
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| 20 | 20 | | term includes seat management, through which a customer [state |
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| 21 | 21 | | agency] transfers its personal computer equipment and service |
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| 22 | 22 | | responsibilities to a private vendor to manage the personal |
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| 23 | 23 | | computing needs for each desktop of the customer [in the state |
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| 24 | 24 | | agency], including all necessary hardware, software, and support |
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| 25 | 25 | | services. |
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| 26 | 26 | | (e-3) The procedural requirements of Subsection (e-1) and |
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| 27 | 27 | | the limitation prescribed by Subsection (e-2) do not apply to a |
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| 28 | 28 | | state agency's purchase of commodity items under a department |
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| 29 | 29 | | contract for the bulk purchase of commodity items intended for use |
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| 30 | 30 | | by more than one customer [state agency]. |
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| 31 | 31 | | SECTION 2. Section 2157.182, Government Code, is amended to |
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| 32 | 32 | | read as follows: |
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| 33 | 33 | | Sec. 2157.182. VALIDITY OF PREAPPROVED TERMS AND |
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| 34 | 34 | | CONDITIONS; RENEGOTIATION. (a) Preapproved terms and conditions |
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| 35 | 35 | | to which a vendor, the comptroller, and the department agree are |
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| 36 | 36 | | valid for the duration of the initial contract [two years after the |
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| 37 | 37 | | date of the agreement] and must include a provision authorizing the |
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| 38 | 38 | | department to renegotiate [provide that] the terms and conditions |
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| 39 | 39 | | at any time before the contract expires [are to be renegotiated |
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| 40 | 40 | | before the end of the two years]. |
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| 41 | 41 | | (b) The comptroller and the department jointly shall |
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| 42 | 42 | | establish procedures to ensure that terms and conditions may be |
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| 43 | 43 | | [are] renegotiated before they expire in a contract between the |
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| 44 | 44 | | vendor and a state agency. |
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| 45 | 45 | | SECTION 3. Section 2157.182, Government Code, as amended by |
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| 46 | 46 | | this Act, applies only to a contract executed on or after the |
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| 47 | 47 | | effective date of this Act. A contract executed before the |
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| 48 | 48 | | effective date of this Act is governed by the law as it existed |
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| 49 | 49 | | immediately before that date, and that law is continued in effect |
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| 50 | 50 | | for that purpose. |
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| 51 | 51 | | SECTION 4. This Act takes effect September 1, 2021. |
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