By: Curry H.B. No. 4747
A BILL TO BE ENTITLED
AN ACT
Relating to increasing procurement acquisition thresholds.
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 $100,000 [$25,000].
SECTION 2. Section 2155.083, Government Code, is amended by
amending Subsections (a), (g) and (k) and adding Subsection (h-1)
to read as follows:
Sec. 2155.083. ELECTRONIC STATE BUSINESS DAILY; NOTICE
REGARDING PROCUREMENTS EXCEEDING $100,000 [$25,000]. (a) Except
as provided by Subsection (n), this section applies to each state
agency making a procurement that will exceed $100,000 [$25,000] in
value, without regard to the source of funds the agency will use for
the procurement, including a procurement that:
(1) is otherwise exempt from the comptroller's
purchasing authority or the application of this subtitle;
(2) is made under delegated purchasing authority;
(3) is related to a construction project; or
(4) is a procurement of professional or consulting
services.
(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 $100,000 [$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.
(h-1) Notwithstanding Subsection (h), if a procurement
exceeds the amount of $20 million, the state agency shall post
notice of the procurement in accordance with Subsection (g) for at
least 45 days, regardless of whether the agency posts a notice of
the procurement or the entire bid or proposal solicitation package.
This subsection does not apply to a procurement for:
(1) a contract entered into by the comptroller under
Section 2155.061 or Section 2155.0621; or
(2) a contract for services necessary to respond to a
natural disaster.
(k) Each state agency that will award a procurement contract
estimated to exceed $100,000 [$25,000] in value shall post in the
electronic state business daily:
(1) the information required by this section to be
posted in the electronic state business daily; 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. Section 2155.132, Government Code, is amended by
amending Subsections (a) and (b) to read as follows:
(a) A state agency is delegated the authority to purchase
goods and services if the purchase does not exceed $100,000
[$50,000]. If the comptroller determines that a state agency has
not followed the comptroller's rules or the laws related to the
delegated purchases, the comptroller shall report its
determination to the members of the state agency's governing body
and to the governor, lieutenant governor, speaker of the house of
representatives, and Legislative Budget Board.
(b) The comptroller by rule may delegate to a state agency
the authority to purchase goods and services if the purchase
exceeds $100,000 [$50,000]. In delegating purchasing authority
under this subsection or Section 2155.131, the comptroller shall
consider factors relevant to a state agency's ability to perform
purchasing functions, including:
(1) the capabilities of the agency's purchasing staff
and the existence of automated purchasing tools at the agency;
(2) the certification levels held by the agency's
purchasing personnel;
(3) the results of the comptroller's procurement
review audits of an agency's purchasing practices; and
(4) whether the agency has adopted and published
protest procedures consistent with those of the comptroller as part
of its purchasing rules.
SECTION 4. The heading to Section 2155.509, Government
Code, is amended to read as follows:
NOTICE REGARDING PROCUREMENTS EXCEEDING [$25,000] $100,000.
SECTION 5. This Act takes effect September 1, 2025.