Texas 2021 - 87th Regular

Texas Senate Bill SB538 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	S.B. No. 538
	1	+	By: Blanco, et al. S.B. No. 538
	2	+	(Longoria)
2	3
3	4
	5	+	A BILL TO BE ENTITLED
4	6		AN ACT
5	7		relating to information technology purchased through the
6	8		Department of Information Resources.
7	9		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	10		SECTION 1. Sections 2157.068(a) and (e-3), Government Code,
9	11		are amended to read as follows:
10	12		(a) In this section, "commodity items" means commercial
11	13		software, hardware, or technology services, other than
12	14		telecommunications services, that are generally available to
13	15		businesses or the public and for which the department determines
14	16		that a reasonable demand exists from [in] two or more customers,
15	17		including state agencies and political subdivisions of this state,
16	18		entities described by Subsection (j), and governmental entities of
17	19		another state, that purchase the items through the department. The
18	20		term includes seat management, through which a customer [state
19	21		agency] transfers its personal computer equipment and service
20	22		responsibilities to a private vendor to manage the personal
21	23		computing needs for each desktop of the customer [in the state
22	24		agency], including all necessary hardware, software, and support
23	25		services.
24	26		(e-3) The procedural requirements of Subsection (e-1) and
25	27		the limitation prescribed by Subsection (e-2) do not apply to a
26	28		state agency's purchase of commodity items under a department
27	29		contract for the bulk purchase of commodity items intended for use
28	30		by more than one customer [state agency].
29		-	SECTION 2. This Act takes effect September 1, 2021.
30		-	______________________________ ______________________________
31		-	President of the Senate Speaker of the House
32		-	I hereby certify that S.B. No. 538 passed the Senate on
33		-	April 19, 2021, by the following vote: Yeas 31, Nays 0; and that
34		-	the Senate concurred in House amendment on May 11, 2021, by the
35		-	following vote: Yeas 30, Nays 0.
36		-	______________________________
37		-	Secretary of the Senate
38		-	I hereby certify that S.B. No. 538 passed the House, with
39		-	amendment, on April 28, 2021, by the following vote: Yeas 140,
40		-	Nays 0, one present not voting.
41		-	______________________________
42		-	Chief Clerk of the House
43		-	Approved:
44		-	______________________________
45		-	Date
46		-	______________________________
47		-	Governor
	31	+	SECTION 2. Section 2157.182, Government Code, is amended to
	32	+	read as follows:
	33	+	Sec. 2157.182. VALIDITY OF PREAPPROVED TERMS AND
	34	+	CONDITIONS; RENEGOTIATION. (a) Preapproved terms and conditions
	35	+	to which a vendor, the comptroller, and the department agree are
	36	+	valid for the duration of the initial contract [two years after the
	37	+	date of the agreement] and must include a provision authorizing the
	38	+	department to renegotiate [provide that] the terms and conditions
	39	+	at any time before the contract expires [are to be renegotiated
	40	+	before the end of the two years].
	41	+	(b) The comptroller and the department jointly shall
	42	+	establish procedures to ensure that terms and conditions may be
	43	+	[are] renegotiated before they expire in a contract between the
	44	+	vendor and a state agency.
	45	+	SECTION 3. Section 2157.182, Government Code, as amended by
	46	+	this Act, applies only to a contract executed on or after the
	47	+	effective date of this Act. A contract executed before the
	48	+	effective date of this Act is governed by the law as it existed
	49	+	immediately before that date, and that law is continued in effect
	50	+	for that purpose.
	51	+	SECTION 4. This Act takes effect September 1, 2021.