| 6 | 6 | | |
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| 7 | 7 | | |
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| 8 | 8 | | A BILL TO BE ENTITLED |
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| 9 | 9 | | AN ACT |
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| 10 | 10 | | relating to powers and duties of the Texas Workforce Commission |
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| 11 | 11 | | with respect to the procurement of goods and services for the |
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| 12 | 12 | | provision of vocational rehabilitation services. |
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| 13 | 13 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 14 | 14 | | SECTION 1. Subchapter B, Chapter 352, Labor Code, is |
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| 15 | 15 | | amended by adding Section 352.060 to read as follows: |
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| 16 | 16 | | Sec. 352.060. PROCUREMENT OF GOODS AND SERVICES. (a) The |
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| 17 | 17 | | commission may enter into contracts for goods or services related |
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| 18 | 18 | | to the commission's provision of vocational rehabilitation |
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| 19 | 19 | | services as necessary to perform any of the commission's powers or |
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| 20 | 20 | | duties under this chapter. |
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| 21 | 21 | | (b) The commission may acquire goods and services described |
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| 22 | 22 | | by Subsection (a) by any procurement method approved by the |
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| 23 | 23 | | commission that provides the best value to the commission. The |
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| 24 | 24 | | commission shall document that the commission considered all |
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| 25 | 25 | | relevant factors under Subsection (c) in making the acquisition. |
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| 26 | 26 | | (c) The commission shall consider all relevant factors in |
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| 27 | 27 | | determining the best value, including: |
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| 28 | 28 | | (1) any installation costs; |
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| 29 | 29 | | (2) the delivery terms; |
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| 30 | 30 | | (3) the quality and reliability of the vendor's goods |
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| 31 | 31 | | or services; |
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| 32 | 32 | | (4) the extent to which the goods or services meet the |
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| 33 | 33 | | needs of the individuals receiving vocational rehabilitation |
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| 34 | 34 | | services from the commission under this chapter; |
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| 35 | 35 | | (5) indicators of probable value vendor performance |
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| 36 | 36 | | under the contract such as past vendor performance, the vendor's |
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| 37 | 37 | | financial resources and ability to perform, the vendor's experience |
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| 38 | 38 | | and responsibility, and the vendor's ability to provide reliable |
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| 39 | 39 | | maintenance agreements; |
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| 40 | 40 | | (6) the impact on the ability of the commission to |
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| 41 | 41 | | comply with laws and rules relating to historically underutilized |
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| 42 | 42 | | businesses or relating to the procurement of goods and services |
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| 43 | 43 | | from persons with disabilities; |
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| 44 | 44 | | (7) the total long-term cost to the commission of |
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| 45 | 45 | | acquiring the vendor's goods or services; |
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| 46 | 46 | | (8) the cost of any employee training associated with |
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| 47 | 47 | | the acquisition; |
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| 48 | 48 | | (9) the effect of an acquisition on commission |
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| 49 | 49 | | productivity; |
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| 50 | 50 | | (10) the acquisition price; and |
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| 51 | 51 | | (11) any other factor relevant to determining the best |
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| 52 | 52 | | value for the commission in the context of a particular |
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| 53 | 53 | | acquisition. |
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| 54 | 54 | | (d) The commission may adopt rules and procedures for the |
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| 55 | 55 | | acquisition of goods and services under this section, including |
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| 56 | 56 | | rules allowing the commission to purchase vocational |
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| 57 | 57 | | rehabilitation services through an open-enrollment contracting |
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| 58 | 58 | | method if the commission determines that the best interests of the |
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| 59 | 59 | | state are served by enrolling multiple vendors. |
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| 60 | 60 | | (e) If the commission does not receive any responsive bids |
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| 61 | 61 | | on an open market solicitation for goods or services for the |
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| 62 | 62 | | vocational rehabilitation program in a specific area of the state, |
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| 63 | 63 | | the commission, after making a written determination that an open |
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| 64 | 64 | | market award is not available, may negotiate with and award the |
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| 65 | 65 | | contract to any qualified vendor who meets the requirements of the |
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| 66 | 66 | | original solicitation: |
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| 67 | 67 | | (1) at a price consistent with the current market |
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| 68 | 68 | | value of the goods or services; and |
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| 69 | 69 | | (2) for a term not to exceed five years. |
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| 70 | 70 | | SECTION 2. The change in law made by this Act applies only |
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| 71 | 71 | | to the acquisition of goods or services made on or after the |
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| 72 | 72 | | effective date of this Act. |
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| 73 | 73 | | SECTION 3. This Act takes effect immediately if it receives |
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| 74 | 74 | | a vote of two-thirds of all the members elected to each house, as |
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| 75 | 75 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 76 | 76 | | Act does not receive the vote necessary for immediate effect, this |
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| 77 | 77 | | Act takes effect September 1, 2025. |
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