H.B. No. 4012
AN ACT
relating to the administration of the electronic state business
daily.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Section 2155.083, Government
Code, is amended to read as follows:
Sec. 2155.083. ELECTRONIC STATE BUSINESS DAILY; NOTICE
REGARDING PROCUREMENTS EXCEEDING $25,000.
SECTION 2. Sections 2155.083(c), (d), (e), (f), (g), and
(k), Government Code, are amended to read as follows:
(c) The comptroller [each business day] shall operate the
electronic state [produce and post a] business daily for state
agencies and other eligible entities to advertise pre-solicitation
notices, solicitations, and contract awards [in an electronic
format. The comptroller shall post in the business daily
information as prescribed by this section about each state agency
procurement that will exceed $25,000 in value. The comptroller
shall also post in the business daily other information relating to
the business activity of the state that the comptroller considers
to be of interest to the public].
(d) The comptroller shall make the electronic state
business daily available on the Internet. [Each state agency shall
cooperate with the comptroller in making the electronic business
daily available.]
(e) To accommodate businesses that do not have the technical
means to access the electronic state business daily, governmental
and nongovernmental entities such as public libraries, chambers of
commerce, trade associations, small business development centers,
economic development departments of local governments, and state
agencies may provide public access to the electronic state business
daily but may not charge a fee for providing access to the
electronic state business daily under this subsection. [A
governmental entity may recover the direct cost of providing the
public access only by charging a fee for downloading procurement
notices and bid or proposal solicitation packages posted in the
business daily. A nongovernmental entity may use information
posted in the business daily in providing a service that is more
than only the downloading of information from the business daily,
including a service by which appropriate bidders or offerors are
matched with information that is relevant to those bidders or
offerors, and may charge a lawful fee that the entity considers
appropriate for the service.]
(f) The comptroller and other state agencies may not charge
a fee designed to recover the cost of preparing and gathering the
information that is published in the electronic state business
daily. These costs are considered part of a procuring agency's
responsibility to publicly inform potential bidders or offerors of
its procurement opportunities.
(g) A state agency shall post in the electronic state
business daily either the entire bid or proposal solicitation
package or a notice that includes all information necessary to make
a successful bid, proposal, or other applicable expression of
interest for the procurement contract, including at a minimum the
following information for each procurement that the state agency
will make that is estimated to exceed $25,000 in value:
(1) a brief description of the goods or services to be
procured and any applicable state product or service codes for the
goods and services;
(2) the last date on which bids, proposals, or other
applicable expressions of interest will be accepted;
(3) the estimated quantity of goods or services to be
procured;
(4) if applicable, the previous price paid by the
state agency for the same or similar goods or services;
(5) the estimated date on which the goods or services
to be procured will be needed; and
(6) the name, business mailing address, business
e-mail address, and business telephone number of the state agency
employee a person may contact to inquire about all necessary
information related to making a bid or proposal or other applicable
expression of interest for the procurement contract.
(k) Each state agency that will award a procurement contract
estimated to exceed $25,000 in value shall post in the electronic
state business daily [send to the comptroller]:
(1) the information required by this section to be
posted [the comptroller requires for posting] in the electronic
state business daily [under this section]; and
(2) a notice when the procurement contract has been
awarded or when the state agency has decided to not make the
procurement.
SECTION 3. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2023.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 4012 was passed by the House on May 6,
2023, by the following vote: Yeas 127, Nays 7, 2 present, not
voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 4012 was passed by the Senate on May
21, 2023, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor