Texas 2021 - 87th Regular

Texas Senate Bill SB799 Compare Versions

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Old	New		Differences
1		-	S.B. No. 799
	1	+	87R21568 MWC-F
	2	+	By: Nelson S.B. No. 799
	3	+	(Paddie)
	4	+	Substitute the following for S.B. No. 799: No.
2	5
3	6
	7	+	A BILL TO BE ENTITLED
4	8		AN ACT
5	9		relating to contracting procedures and requirements for
6	10		governmental entities.
7	11		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	12		SECTION 1. Section 531.102, Government Code, is amended by
9	13		adding Subsections (m-1) and (m-2) to read as follows:
10	14		(m-1) If the commission does not receive any responsive bids
11	15		under Chapter 2155 on a competitive solicitation for the services
12	16		of a qualified expert to review investigative findings under
13	17		Subsection (l) or (m) and the number of contracts to be awarded
14	18		under this subsection is not otherwise limited, the commission may
15	19		negotiate with and award a contract for the services to a qualified
16	20		expert on the basis of:
17	21		(1) the contractor's agreement to a set fee, either as
18	22		a range or lump-sum amount; and
19	23		(2) the contractor's affirmation and the office's
20	24		verification that the contractor possesses the necessary
21	25		occupational licenses and experience.
22	26		(m-2) Notwithstanding Sections 2155.083 and 2261.051, a
23	27		contract awarded under Subsection (m-1) is not subject to
24	28		competitive advertising and proposal evaluation requirements.
25	29		SECTION 2. Section 2054.003(10), Government Code, is
26	30		amended to read as follows:
27	31		(10) "Major information resources project" means:
28	32		(A) any information resources technology project
29	33		identified in a state agency's biennial operating plan whose
30	34		development costs exceed $5 million and that:
31	35		(i) requires one year or longer to reach
32	36		operations status;
33	37		(ii) involves more than one state agency;
34	38		or
35	39		(iii) substantially alters work methods of
36	40		state agency personnel or the delivery of services to clients;
37	41		[and]
38	42		(B) any information resources technology project
39	43		designated by the legislature in the General Appropriations Act as
40	44		a major information resources project; and
41	45		(C) any information resources technology project
42	46		of a state agency designated for additional monitoring under
43	47		Section 2261.258(a)(1) if the development costs for the project
44	48		exceed $5 million.
45	49		SECTION 3. Section 2054.008(b), Government Code, is amended
46	50		to read as follows:
47	51		(b) A state agency shall provide written notice to the
48	52		Legislative Budget Board of a contract for a major information
49	53		system. The notice must be on a form prescribed by the Legislative
50	54		Budget Board and filed not later than the 30th [10th] day after the
51	55		date the agency enters into the contract.
52	56		SECTION 4. Section 2054.1181(a), Government Code, is
53	57		amended to read as follows:
54	58		(a) The [At the direction of the governor, lieutenant
55	59		governor, or speaker of the house of representatives, the]
56	60		department shall provide additional oversight services [for major
57	61		information resources projects], including risk management,
58	62		quality assurance services, independent project monitoring, and
59	63		project management, for major information resources projects
60	64		described by Section 2054.003(10)(C) and for other major
61	65		information resources projects selected for oversight by the
62	66		governor, lieutenant governor, or speaker of the house of
63	67		representatives. A state agency with a project subject to
64	68		[selected for] oversight shall pay for oversight by the department
65	69		and quality assurance team based on a funding model developed by the
66	70		department. The department may contract with a vendor to provide
67	71		the necessary oversight at the department's direction.
68		-	SECTION 5. Section 2155.074, Government Code, is amended by
69		-	amending Subsection (b) and adding Subsection (b-1) to read as
70		-	follows:
71		-	(b) In determining the best value for the state, the
72		-	purchase price and whether the goods or services meet
73		-	specifications are principal considerations that must be balanced
74		-	with other relevant factors [the most important considerations].
75		-	(b-1) The [However, the] comptroller or other state agency
76		-	may, subject to Subsection (c) and Section 2155.075, consider the
77		-	following [other] relevant factors under Subsection (b),
78		-	including:
79		-	(1) installation costs;
80		-	(2) life cycle costs;
81		-	(3) the quality and reliability of the goods and
82		-	services;
83		-	(4) the delivery terms;
84		-	(5) indicators of probable vendor performance under
85		-	the contract such as past vendor performance, the vendor's
86		-	financial resources and ability to perform, the vendor's experience
87		-	or demonstrated capability and responsibility, and the vendor's
88		-	ability to provide reliable maintenance agreements and support;
89		-	(6) the cost of any employee training associated with
90		-	a purchase;
91		-	(7) the effect of a purchase on agency productivity;
92		-	(8) the vendor's anticipated economic impact to the
93		-	state or a subdivision of the state, including potential tax
94		-	revenue and employment; [and]
95		-	(9) the impact of a purchase on the agency's
96		-	administrative resources; and
97		-	(10) other factors relevant to determining the best
98		-	value for the state in the context of a particular purchase.
99		-	SECTION 6. Section 2155.075(a), Government Code, is amended
100		-	to read as follows:
101		-	(a) For a purchase made through competitive bidding, the
102		-	comptroller or other state agency making the purchase must specify
103		-	in the request for bids:
104		-	(1) the factors other than price that the comptroller
105		-	or agency will consider in determining which bid offers the best
106		-	value for the state; and
107		-	(2) the proposal criteria the comptroller or agency
108		-	will use when considering the factors described by Subdivision (1).
109		-	SECTION 7. Section 2155.089(c), Government Code, is amended
110		-	to read as follows:
111		-	(c) This section does not apply to:
112		-	(1) an enrollment contract described by 1 T.A.C.
113		-	Section 391.183 as that section existed on September 1, 2015;
114		-	(2) a contract of the Employees Retirement System of
115		-	Texas except for a contract with a nongovernmental entity for
116		-	claims administration of a group health benefit plan under Subtitle
117		-	H, Title 8, Insurance Code; or
118		-	(3) a contract entered into by:
119		-	(A) the comptroller under Section 2155.061; [or]
120		-	(B) the Department of Information Resources
121		-	under Section 2157.068; or
122		-	(C) a university system or an institution of
123		-	higher education, as those terms are defined by Section 61.003,
124		-	Education Code.
125		-	SECTION 8. Sections 2155.132(a), (b), and (e), Government
	72	+	SECTION 5. Sections 2155.132(a), (b), and (e), Government
126	73		Code, are amended to read as follows:
127	74		(a) A state agency is delegated the authority to purchase
128	75		goods and services if the purchase does not exceed $50,000
129	76		[$15,000]. If the comptroller determines that a state agency has
130	77		not followed the comptroller's rules or the laws related to the
131	78		delegated purchases, the comptroller shall report its
132	79		determination to the members of the state agency's governing body
133	80		and to the governor, lieutenant governor, speaker of the house of
134	81		representatives, and Legislative Budget Board.
135	82		(b) The comptroller by rule may delegate to a state agency
136	83		the authority to purchase goods and services if the purchase
137	84		exceeds $50,000 [$15,000]. In delegating purchasing authority
138	85		under this subsection or Section 2155.131, the comptroller shall
139	86		consider factors relevant to a state agency's ability to perform
140	87		purchasing functions, including:
141	88		(1) the capabilities of the agency's purchasing staff
142	89		and the existence of automated purchasing tools at the agency;
143	90		(2) the certification levels held by the agency's
144	91		purchasing personnel;
145	92		(3) the results of the comptroller's procurement
146	93		review audits of an agency's purchasing practices; and
147	94		(4) whether the agency has adopted and published
148	95		protest procedures consistent with those of the comptroller as part
149	96		of its purchasing rules.
150	97		(e) Competitive bidding, whether formal or informal, is
151	98		required for a purchase by a state agency if the purchase:
152	99		(1) exceeds $10,000 [$5,000]; and
153	100		(2) is made under a written contract.
154		-	SECTION 9. Section 2155.144, Government Code, is amended by
	101	+	SECTION 6. Section 2155.144, Government Code, is amended by
155	102		adding Subsection (o) to read as follows:
156	103		(o) If the Health and Human Services Commission does not
157	104		receive any responsive bids on a competitive solicitation for goods
158	105		or services for a state hospital operated by a health and human
159	106		services agency or a state supported living center as defined by
160	107		Section 531.002, Health and Safety Code, the commission after
161	108		making a written determination that competition is not available
162	109		may negotiate with and award the contract to any qualified vendor
163	110		who meets the requirements of the original solicitation:
164	111		(1) at a price consistent with the current market
165	112		value of the goods or services; and
166	113		(2) for a term not to exceed five years.
167		-	SECTION 10. Section 2155.264, Government Code, is amended
168		-	to read as follows:
	114	+	SECTION 7. Section 2155.264, Government Code, is amended to
	115	+	read as follows:
169	116		Sec. 2155.264. AGENCY SOLICITATION OF BIDS OR PROPOSALS FOR
170	117		ACQUISITION OVER $25,000 [$15,000]. A state agency that proposes
171	118		to make a purchase or other acquisition that will cost more than
172	119		$25,000 [$15,000] shall solicit bids or proposals from each
173	120		eligible vendor on the master bidders list that serves the agency's
174	121		geographic region. A state agency may also solicit bids or
175	122		proposals through the use of on-line electronic transmission.
176		-	SECTION 11. Section 2157.068, Government Code, is amended
177		-	by amending Subsections (e-1) and (e-2) and adding Subsection (e-4)
178		-	to read as follows:
	123	+	SECTION 8. Section 2157.068, Government Code, is amended by
	124	+	amending Subsections (e-1) and (e-2) and adding Subsection (e-4) to
	125	+	read as follows:
179	126		(e-1) Except as provided by Subsection (e-4), a [A] state
180	127		agency contracting to purchase a commodity item shall use the list
181	128		maintained as required by Subsection (e) as follows:
182	129		(1) for a contract with a value of $50,000 or less, the
183	130		agency may directly award the contract to a vendor included on the
184	131		list without submission of a request for pricing to other vendors on
185	132		the list;
186	133		(2) for a contract with a value of more than $50,000
187	134		but not more than $1 million, the agency must submit a request for
188	135		pricing to at least three vendors included on the list in the
189	136		category to which the contract relates; and
190	137		(3) for a contract with a value of more than $1 million
191	138		but not more than $10 [$5] million, the agency must submit a request
192	139		for pricing to at least six vendors included on the list in the
193	140		category to which the contract relates or all vendors on the
194	141		schedule if the category has fewer than six vendors.
195	142		(e-2) A state agency may not enter into a contract to
196	143		purchase a commodity item if the value of the contract exceeds $10
197	144		[$5] million.
198	145		(e-4) For a contract with a value of more than $5 million but
199	146		not more than $10 million, a state agency may purchase a commodity
200	147		item using a purchasing method designated by the comptroller under
201	148		Section 2157.006(a)(2).
202		-	SECTION 12. Section 2166.2551, Government Code, is amended
	149	+	SECTION 9. Section 2166.2551, Government Code, is amended
203	150		to read as follows:
204	151		Sec. 2166.2551. CONTRACT NOTIFICATION. The commission or
205	152		an agency whose project is exempted from all or part of this chapter
206	153		under Section 2166.003 shall provide written notice to the
207	154		Legislative Budget Board of a contract for a construction project
208	155		if the amount of the contract, including an amendment,
209	156		modification, renewal, or extension of the contract, exceeds
210	157		$50,000 [$14,000]. The notice must be on a form prescribed by the
211	158		Legislative Budget Board and filed not later than the 30th [10th]
212	159		day after the date the agency enters into the contract.
213		-	SECTION 13. Section 2254.006, Government Code, is amended
	160	+	SECTION 10. Section 2254.006, Government Code, is amended
214	161		to read as follows:
215	162		Sec. 2254.006. CONTRACT NOTIFICATION. A state agency,
216	163		including an institution of higher education as defined by Section
217	164		61.003, Education Code, shall provide written notice to the
218	165		Legislative Budget Board of a contract for professional services,
219	166		other than a contract for physician or optometric services, if the
220	167		amount of the contract, including an amendment, modification,
221	168		renewal, or extension of the contract, exceeds $50,000 [$14,000].
222	169		The notice must be on a form prescribed by the Legislative Budget
223	170		Board and filed not later than the 30th [10th] day after the date
224	171		the agency enters into the contract.
225		-	SECTION 14. Subchapter A, Chapter 2254, Government Code, is
	172	+	SECTION 11. Subchapter A, Chapter 2254, Government Code, is
226	173		amended by adding Section 2254.008 to read as follows:
227	174		Sec. 2254.008. CONTRACT FOR PROFESSIONAL SERVICES OF
228	175		PHYSICIANS, OPTOMETRISTS, AND REGISTERED NURSES. (a)
229	176		Notwithstanding Section 2254.003, if a governmental entity is
230	177		procuring services provided in connection with the professional
231	178		employment or practice of a professional described by Section
232	179		2254.002(2)(B)(v), (vi), or (ix) and the number of contracts to be
233	180		awarded under this section is not otherwise limited, the
234	181		governmental entity may make the selection and award on the basis
235	182		of:
236	183		(1) the provider's agreement to payment of a set fee,
237	184		as a range or lump-sum amount; and
238	185		(2) the provider's affirmation and the governmental
239	186		entity's verification that the provider has the necessary
240	187		occupational licenses and experience.
241	188		(b) Notwithstanding Sections 2155.083 and 2261.051, a
242	189		contract awarded under this section is not subject to competitive
243	190		advertising and proposal evaluation requirements.
244		-	SECTION 15. Section 2254.0301(a), Government Code, is
	191	+	SECTION 12. Section 2254.0301(a), Government Code, is
245	192		amended to read as follows:
246	193		(a) A state agency shall provide written notice to the
247	194		Legislative Budget Board of a contract for consulting services if
248	195		the amount of the contract, including an amendment, modification,
249	196		renewal, or extension of the contract, exceeds $50,000 [$14,000].
250	197		The notice must be on a form prescribed by the Legislative Budget
251	198		Board and filed not later than the 30th [10th] day after the date
252	199		the entity enters into the contract.
253		-	SECTION 16. Section 2262.051, Government Code, is amended
	200	+	SECTION 13. Section 2262.051, Government Code, is amended
254	201		by adding Subsections (i) and (j) to read as follows:
255	202		(i) The guide must include:
256	203		(1) instructions to assist a state agency in
257	204		identifying the agency procurements that require an additional or
258	205		secondary agency employee to serve as a contact for the procurement
259	206		and establishing procedures for notifying vendors when to contact
260	207		the additional or secondary agency employee;
261	208		(2) a general outline for the training a state agency
262	209		must provide to the agency's procurement evaluators related to the
263	210		goods and services the evaluator reviews for purchase by the
264		-	agency, including training on the implementation of best value
265		-	standards under Section 2155.074;
	211	+	agency; and
266	212		(3) for a procurement in an amount that exceeds $20
267	213		million, the information a state agency must include in a contract
268	214		file on the evaluator for that procurement, including the reasons
269		-	the person was selected and the person's relevant qualifications;
270		-	and
271		-	(4) a model communications procedure for vendors and
272		-	agency employees, developed in collaboration with representatives
273		-	from vendors and state agencies.
	215	+	the person was selected and the person's relevant qualifications.
274	216		(j) For a procurement in an amount that exceeds $20 million
275	217		other than a contract entered into by the comptroller under Section
276	218		2155.061, the guide must require a state agency to notify
277	219		interested parties at least two months before the date the agency
278	220		issues the solicitation for the procurement.
279		-	SECTION 17. Section 264.603(a), Family Code, is amended to
	221	+	SECTION 14. Section 264.603(a), Family Code, is amended to
280	222		read as follows:
281	223		(a) The commission shall contract with one statewide
282	224		organization that is exempt from federal income taxation under
283	225		Section 501(a), Internal Revenue Code of 1986, as an organization
284	226		described by Section 501(c)(3) of that code [and designated as a
285	227		supporting organization under Section 509(a)(3) of that code,] and
286	228		that is composed of individuals or groups of individuals who have
287	229		expertise in the dynamics of child abuse and neglect and experience
288	230		in operating volunteer advocate programs to provide training,
289	231		technical assistance, and evaluation services for the benefit of
290	232		local volunteer advocate programs. The contract shall:
291	233		(1) include measurable goals and objectives relating
292	234		to the number of:
293	235		(A) volunteer advocates in the program; and
294	236		(B) children receiving services from the
295	237		program; and
296	238		(2) follow practices designed to ensure compliance
297	239		with standards referenced in the contract.
298		-	SECTION 18. Section 44.0331(a), Education Code, is amended
299		-	to read as follows:
300		-	(a) A school district that enters into a purchasing contract
301		-	valued at $25,000 or more under Section 44.031(a)(5), under
302		-	Subchapter F, Chapter 271, Local Government Code, or under any
303		-	other cooperative purchasing program authorized for school
304		-	districts by law shall document a [any] contract-related fee,
305		-	including a [any] management fee, paid by or to the district and the
306		-	purpose of each fee under the contract.
307		-	SECTION 19. The changes in law made by this Act apply only
	240	+	SECTION 15. The changes in law made by this Act apply only
308	241		to a contract for which a state agency first advertises or otherwise
309	242		solicits offers, bids, proposals, qualifications, or other
310	243		applicable expressions of interest on or after the effective date
311	244		of this Act. A contract for which a state agency first advertises
312	245		or otherwise solicits offers, bids, proposals, qualifications, or
313	246		other applicable expressions of interest before the effective date
314	247		of this Act is governed by the law as it existed immediately before
315	248		the effective date of this Act, and that law is continued in effect
316	249		for that purpose.
317		-	SECTION 20. As soon as practicable after the effective date
	250	+	SECTION 16. As soon as practicable after the effective date
318	251		of this Act, the Department of Information Resources shall adopt
319	252		rules necessary to implement the changes in law made by this Act.
320		-	SECTION 21. If before implementing any provision of this
	253	+	SECTION 17. If before implementing any provision of this
321	254		Act a state agency determines that a waiver or authorization from a
322	255		federal agency is necessary for implementation of that provision,
323	256		the agency affected by the provision shall request the waiver or
324	257		authorization and may delay implementing that provision until the
325	258		waiver or authorization is granted.
326		-	SECTION 22. This Act takes effect September 1, 2021.
327		-	______________________________ ______________________________
328		-	President of the Senate Speaker of the House
329		-	I hereby certify that S.B. No. 799 passed the Senate on
330		-	April 19, 2021, by the following vote: Yeas 31, Nays 0; and that
331		-	the Senate concurred in House amendments on May 29, 2021, by the
332		-	following vote: Yeas 31, Nays 0.
333		-	______________________________
334		-	Secretary of the Senate
335		-	I hereby certify that S.B. No. 799 passed the House, with
336		-	amendments, on May 25, 2021, by the following vote: Yeas 145,
337		-	Nays 0, two present not voting.
338		-	______________________________
339		-	Chief Clerk of the House
340		-	Approved:
341		-	______________________________
342		-	Date
343		-	______________________________
344		-	Governor
	259	+	SECTION 18. This Act takes effect September 1, 2021.