Texas 2023 - 88th Regular

Texas House Bill HB4012 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	H.B. No. 4012
2	2
3	3
4	4	AN ACT
5	5	relating to the administration of the electronic state business
6	6	daily.
7	7	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	8	SECTION 1. The heading to Section 2155.083, Government
9	9	Code, is amended to read as follows:
10	10	Sec. 2155.083. ELECTRONIC STATE BUSINESS DAILY; NOTICE
11	11	REGARDING PROCUREMENTS EXCEEDING $25,000.
12	12	SECTION 2. Sections 2155.083(c), (d), (e), (f), (g), and
13	13	(k), Government Code, are amended to read as follows:
14	14	(c) The comptroller [each business day] shall operate the
15	15	electronic state [produce and post a] business daily for state
16	16	agencies and other eligible entities to advertise pre-solicitation
17	17	notices, solicitations, and contract awards [in an electronic
18	18	format. The comptroller shall post in the business daily
19	19	information as prescribed by this section about each state agency
20	20	procurement that will exceed $25,000 in value. The comptroller
21	21	shall also post in the business daily other information relating to
22	22	the business activity of the state that the comptroller considers
23	23	to be of interest to the public].
24	24	(d) The comptroller shall make the electronic state
25	25	business daily available on the Internet. [Each state agency shall
26	26	cooperate with the comptroller in making the electronic business
27	27	daily available.]
28	28	(e) To accommodate businesses that do not have the technical
29	29	means to access the electronic state business daily, governmental
30	30	and nongovernmental entities such as public libraries, chambers of
31	31	commerce, trade associations, small business development centers,
32	32	economic development departments of local governments, and state
33	33	agencies may provide public access to the electronic state business
34	34	daily but may not charge a fee for providing access to the
35	35	electronic state business daily under this subsection. [A
36	36	governmental entity may recover the direct cost of providing the
37	37	public access only by charging a fee for downloading procurement
38	38	notices and bid or proposal solicitation packages posted in the
39	39	business daily. A nongovernmental entity may use information
40	40	posted in the business daily in providing a service that is more
41	41	than only the downloading of information from the business daily,
42	42	including a service by which appropriate bidders or offerors are
43	43	matched with information that is relevant to those bidders or
44	44	offerors, and may charge a lawful fee that the entity considers
45	45	appropriate for the service.]
46	46	(f) The comptroller and other state agencies may not charge
47	47	a fee designed to recover the cost of preparing and gathering the
48	48	information that is published in the electronic state business
49	49	daily. These costs are considered part of a procuring agency's
50	50	responsibility to publicly inform potential bidders or offerors of
51	51	its procurement opportunities.
52	52	(g) A state agency shall post in the electronic state
53	53	business daily either the entire bid or proposal solicitation
54	54	package or a notice that includes all information necessary to make
55	55	a successful bid, proposal, or other applicable expression of
56	56	interest for the procurement contract, including at a minimum the
57	57	following information for each procurement that the state agency
58	58	will make that is estimated to exceed $25,000 in value:
59	59	(1) a brief description of the goods or services to be
60	60	procured and any applicable state product or service codes for the
61	61	goods and services;
62	62	(2) the last date on which bids, proposals, or other
63	63	applicable expressions of interest will be accepted;
64	64	(3) the estimated quantity of goods or services to be
65	65	procured;
66	66	(4) if applicable, the previous price paid by the
67	67	state agency for the same or similar goods or services;
68	68	(5) the estimated date on which the goods or services
69	69	to be procured will be needed; and
70	70	(6) the name, business mailing address, business
71	71	e-mail address, and business telephone number of the state agency
72	72	employee a person may contact to inquire about all necessary
73	73	information related to making a bid or proposal or other applicable
74	74	expression of interest for the procurement contract.
75	75	(k) Each state agency that will award a procurement contract
76	76	estimated to exceed $25,000 in value shall post in the electronic
77	77	state business daily [send to the comptroller]:
78	78	(1) the information required by this section to be
79	79	posted [the comptroller requires for posting] in the electronic
80	80	state business daily [under this section]; and
81	81	(2) a notice when the procurement contract has been
82	82	awarded or when the state agency has decided to not make the
83	83	procurement.
84	84	SECTION 3. This Act takes effect immediately if it receives
85	85	a vote of two-thirds of all the members elected to each house, as
86	86	provided by Section 39, Article III, Texas Constitution. If this
87	87	Act does not receive the vote necessary for immediate effect, this
88	88	Act takes effect September 1, 2023.
89	89	______________________________ ______________________________
90	90	President of the Senate Speaker of the House
91	91	I certify that H.B. No. 4012 was passed by the House on May 6,
92	92	2023, by the following vote: Yeas 127, Nays 7, 2 present, not
93	93	voting.
94	94	______________________________
95	95	Chief Clerk of the House
96	96	I certify that H.B. No. 4012 was passed by the Senate on May
97	97	21, 2023, by the following vote: Yeas 31, Nays 0.
98	98	______________________________
99	99	Secretary of the Senate
100	100	APPROVED: _____________________
101	101	Date
102	102	_____________________
103	103	Governor