Texas 2025 - 89th Regular

Texas House Bill HB4747 Compare Versions

Version 1 (Old)

Version 2 (New)

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1	1		By: Curry H.B. No. 4747
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4	6		A BILL TO BE ENTITLED
5	7		AN ACT
6	8		Relating to increasing procurement acquisition thresholds.
7	9		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	10		SECTION 1. The heading to Section 2155.083, Government
9	11		Code, is amended to read as follows:
10	12		Sec. 2155.083. ELECTRONIC STATE BUSINESS DAILY; NOTICE
11	13		REGARDING PROCUREMENTS EXCEEDING $100,000 [$25,000].
12	14		SECTION 2. Section 2155.083, Government Code, is amended by
13	15		amending Subsections (a), (g) and (k) and adding Subsection (h-1)
14	16		to read as follows:
15	17		Sec. 2155.083. ELECTRONIC STATE BUSINESS DAILY; NOTICE
16	18		REGARDING PROCUREMENTS EXCEEDING $100,000 [$25,000]. (a) Except
17	19		as provided by Subsection (n), this section applies to each state
18	20		agency making a procurement that will exceed $100,000 [$25,000] in
19	21		value, without regard to the source of funds the agency will use for
20	22		the procurement, including a procurement that:
21	23		(1) is otherwise exempt from the comptroller's
22	24		purchasing authority or the application of this subtitle;
23	25		(2) is made under delegated purchasing authority;
24	26		(3) is related to a construction project; or
25	27		(4) is a procurement of professional or consulting
26	28		services.
27	29		(g) A state agency shall post in the electronic state
28	30		business daily either the entire bid or proposal solicitation
29	31		package or a notice that includes all information necessary to make
30	32		a successful bid, proposal, or other applicable expression of
31	33		interest for the procurement contract, including at a minimum the
32	34		following information for each procurement that the state agency
33	35		will make that is estimated to exceed $100,000 [$25,000] in value:
34	36		(1) a brief description of the goods or services to be
35	37		procured and any applicable state product or service codes for the
36	38		goods and services;
37	39		(2) the last date on which bids, proposals, or other
38	40		applicable expressions of interest will be accepted;
39	41		(3) the estimated quantity of goods or services to be
40	42		procured;
41	43		(4) if applicable, the previous price paid by the
42	44		state agency for the same or similar goods or services;
43	45		(5) the estimated date on which the goods or services
44	46		to be procured will be needed; and
45	47		(6) the name, business mailing address, business
46	48		e-mail address, and business telephone number of the state agency
47	49		employee a person may contact to inquire about all necessary
48	50		information related to making a bid or proposal or other applicable
49	51		expression of interest for the procurement contract.
50	52		(h-1) Notwithstanding Subsection (h), if a procurement
51	53		exceeds the amount of $20 million, the state agency shall post
52	54		notice of the procurement in accordance with Subsection (g) for at
53	55		least 45 days, regardless of whether the agency posts a notice of
54	56		the procurement or the entire bid or proposal solicitation package.
55	57		This subsection does not apply to a procurement for:
56	58		(1) a contract entered into by the comptroller under
57	59		Section 2155.061 or Section 2155.0621; or
58	60		(2) a contract for services necessary to respond to a
59	61		natural disaster.
60	62		(k) Each state agency that will award a procurement contract
61	63		estimated to exceed $100,000 [$25,000] in value shall post in the
62	64		electronic state business daily:
63	65		(1) the information required by this section to be
64	66		posted in the electronic state business daily; and
65	67		(2) a notice when the procurement contract has been
66	68		awarded or when the state agency has decided to not make the
67	69		procurement.
68	70		SECTION 3. Section 2155.132, Government Code, is amended by
69	71		amending Subsections (a) and (b) to read as follows:
70	72		(a) A state agency is delegated the authority to purchase
71	73		goods and services if the purchase does not exceed $100,000
72	74		[$50,000]. If the comptroller determines that a state agency has
73	75		not followed the comptroller's rules or the laws related to the
74	76		delegated purchases, the comptroller shall report its
75	77		determination to the members of the state agency's governing body
76	78		and to the governor, lieutenant governor, speaker of the house of
77	79		representatives, and Legislative Budget Board.
78	80		(b) The comptroller by rule may delegate to a state agency
79	81		the authority to purchase goods and services if the purchase
80	82		exceeds $100,000 [$50,000]. In delegating purchasing authority
81	83		under this subsection or Section 2155.131, the comptroller shall
82	84		consider factors relevant to a state agency's ability to perform
83	85		purchasing functions, including:
84	86		(1) the capabilities of the agency's purchasing staff
85	87		and the existence of automated purchasing tools at the agency;
86	88		(2) the certification levels held by the agency's
87	89		purchasing personnel;
88	90		(3) the results of the comptroller's procurement
89	91		review audits of an agency's purchasing practices; and
90	92		(4) whether the agency has adopted and published
91	93		protest procedures consistent with those of the comptroller as part
92	94		of its purchasing rules.
93	95		SECTION 4. The heading to Section 2155.509, Government
94	96		Code, is amended to read as follows:
95	97		NOTICE REGARDING PROCUREMENTS EXCEEDING [$25,000] $100,000.
96	98		SECTION 5. This Act takes effect September 1, 2025.