By Harris S.B. No. 958
74R7171 JRD-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the adoption of a nonsubstantive revision of statutes
1-3 relating to state purchasing and general services, including
1-4 conforming amendments, repeals, and penalties.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. ADOPTION OF SUBTITLE D, TITLE 10, GOVERNMENT
1-7 CODE. Title 10, Government Code, is amended by adding Subtitle D
1-8 to read as follows:
1-9 SUBTITLE D. STATE PURCHASING AND GENERAL SERVICES
1-10 CHAPTER 2151. GENERAL PROVISIONS
1-11 CHAPTER 2152. GENERAL SERVICES COMMISSION
1-12 (Chapters 2153-2154 reserved for expansion)
1-13 CHAPTER 2155. PURCHASING: GENERAL RULES AND PROCEDURES
1-14 CHAPTER 2156. PURCHASING METHODS
1-15 CHAPTER 2157. PURCHASING: PURCHASE OF AUTOMATED
1-16 INFORMATION SYSTEMS
1-17 CHAPTER 2158. PURCHASING: MISCELLANEOUS PROVISIONS FOR
1-18 PURCHASE OF CERTAIN GOODS AND SERVICES
1-19 (Chapters 2159-2160 reserved for expansion)
1-20 CHAPTER 2161. HISTORICALLY UNDERUTILIZED BUSINESSES
1-21 CHAPTER 2162. STATE COUNCIL ON COMPETITIVE GOVERNMENT
1-22 (Chapters 2163-2164 reserved for expansion)
1-23 CHAPTER 2165. STATE BUILDINGS, GROUNDS, AND PROPERTY
1-24 CHAPTER 2166. BUILDING CONSTRUCTION AND ACQUISITION
2-1 CHAPTER 2167. LEASE OF SPACE FOR STATE AGENCIES
2-2 (Chapters 2168-2169 reserved for expansion)
2-3 CHAPTER 2170. TELECOMMUNICATIONS SERVICES
2-4 CHAPTER 2171. TRAVEL AND VEHICLE FLEET SERVICES
2-5 CHAPTER 2172. MISCELLANEOUS GENERAL SERVICES PROVIDED BY
2-6 COMMISSION
2-7 (Chapters 2173-2174 reserved for expansion)
2-8 CHAPTER 2175. SURPLUS AND SALVAGE PROPERTY
2-9 CHAPTER 2176. MAIL
2-10 SUBTITLE D. STATE PURCHASING AND GENERAL SERVICES
2-11 CHAPTER 2151. GENERAL PROVISIONS
2-12 Sec. 2151.001. SHORT TITLE
2-13 Sec. 2151.002. DEFINITIONS
2-14 Sec. 2151.003. REFERENCE
2-15 CHAPTER 2151. GENERAL PROVISIONS
2-16 Sec. 2151.001. SHORT TITLE. This subtitle may be cited as
2-17 the State Purchasing and General Services Act. (V.A.C.S.
2-18 Art. 601b, Sec. 1.01.)
2-19 Sec. 2151.002. DEFINITIONS. In this subtitle:
2-20 (1) "Commission" means the General Services
2-21 Commission.
2-22 (2) "State agency" means:
2-23 (A) a department, commission, board, office, or
2-24 other agency in the executive branch of state government created by
2-25 the state constitution or a state statute, except the Texas
2-26 High-Speed Rail Authority;
2-27 (B) the supreme court, the court of criminal
3-1 appeals, a court of appeals, or the Texas Judicial Council; or
3-2 (C) a university system or an institution of
3-3 higher education as defined by Section 61.003, Education Code,
3-4 except a public junior college. (V.A.C.S. Art. 601b, Secs.
3-5 1.02(1), (2).)
3-6 Sec. 2151.003. REFERENCE. A statutory reference to the
3-7 State Board of Control or the State Purchasing and General Services
3-8 Commission means the General Services Commission. (V.A.C.S.
3-9 Art. 601b, Sec. 11.01(b).)
3-10 CHAPTER 2152. GENERAL SERVICES COMMISSION
3-11 SUBCHAPTER A. GENERAL PROVISIONS
3-12 Sec. 2152.001. COMMISSION
3-13 Sec. 2152.002. SUNSET PROVISION
3-14 (Sections 2152.003-2152.050 reserved for expansion)
3-15 SUBCHAPTER B. ADMINISTRATIVE PROVISIONS
3-16 Sec. 2152.051. COMPOSITION OF COMMISSION
3-17 Sec. 2152.052. APPOINTMENTS
3-18 Sec. 2152.053. ELIGIBILITY
3-19 Sec. 2152.054. CONFLICTS OF INTEREST
3-20 Sec. 2152.055. INFORMATION ABOUT QUALIFICATIONS
3-21 AND STANDARDS OF CONDUCT
3-22 Sec. 2152.056. REMOVAL OF COMMISSION MEMBER
3-23 Sec. 2152.057. TERMS
3-24 Sec. 2152.058. PRESIDING OFFICER; MEETINGS
3-25 Sec. 2152.059. REIMBURSEMENT FOR EXPENSES
3-26 Sec. 2152.060. PUBLIC INTEREST INFORMATION AND COMPLAINTS
3-27 Sec. 2152.061. PUBLIC ACCESS
4-1 Sec. 2152.062. ACTIVITY AND EFFICIENCY REPORT
4-2 Sec. 2152.063. FISCAL REPORT
4-3 Sec. 2152.064. REPORTS ON NONRESIDENT BIDDERS
4-4 (Sections 2152.065-2152.100 reserved for expansion)
4-5 SUBCHAPTER C. PERSONNEL
4-6 Sec. 2152.101. EXECUTIVE DIRECTOR
4-7 Sec. 2152.102. BOND OF EXECUTIVE DIRECTOR
4-8 Sec. 2152.103. GENERAL POWERS AND DUTIES OF
4-9 EXECUTIVE DIRECTOR
4-10 Sec. 2152.104. ASSOCIATE DEPUTY DIRECTORS; DIVISIONS; DIVISION
4-11 DIRECTORS
4-12 Sec. 2152.105. RESPONSIBILITIES OF COMMISSION AND
4-13 COMMISSION STAFF
4-14 Sec. 2152.106. PROHIBITION OF GRANT OF AUTHORITY BY POWER
4-15 OF ATTORNEY
4-16 Sec. 2152.107. MERIT PAY
4-17 Sec. 2152.108. CAREER LADDER
4-18 Sec. 2152.109. EQUAL EMPLOYMENT OPPORTUNITY POLICY
4-19 CHAPTER 2152. GENERAL SERVICES COMMISSION
4-20 SUBCHAPTER A. GENERAL PROVISIONS
4-21 Sec. 2152.001. COMMISSION. The General Services Commission
4-22 is an agency of the state. (V.A.C.S. Art. 601b, Sec. 2.01.)
4-23 Sec. 2152.002. SUNSET PROVISION. The General Services
4-24 Commission is subject to Chapter 325 (Texas Sunset Act). Unless
4-25 continued in existence as provided by that chapter, the commission
4-26 is abolished and this subtitle expires September 1, 2001.
4-27 (V.A.C.S. Art. 601b, Sec. 2.07.)
5-1 (Sections 2152.003-2152.050 reserved for expansion)
5-2 SUBCHAPTER B. ADMINISTRATIVE PROVISIONS
5-3 Sec. 2152.051. COMPOSITION OF COMMISSION. The commission is
5-4 composed of six representatives of the public appointed by the
5-5 governor with the advice and consent of the senate. (V.A.C.S.
5-6 Art. 601b, Sec. 2.02 (part).)
5-7 Sec. 2152.052. APPOINTMENTS. (a) Appointments to the
5-8 commission shall be made without regard to the race, color,
5-9 disability, sex, religion, age, or national origin of the
5-10 appointees.
5-11 (b) In making appointments under this section, the governor
5-12 shall attempt to appoint women and members of different minority
5-13 groups, including African Americans, Hispanic Americans, Native
5-14 Americans, and Asian Americans. (V.A.C.S. Art. 601b, Sec. 2.02
5-15 (part).)
5-16 Sec. 2152.053. ELIGIBILITY. An individual is not eligible
5-17 for appointment to the commission if the individual or the
5-18 individual's spouse:
5-19 (1) is employed by or participates in the management
5-20 of a business entity or other organization that contracts with the
5-21 commission;
5-22 (2) owns or controls, directly or indirectly, more
5-23 than a 10 percent interest in a business entity or other
5-24 organization that contracts with the state; or
5-25 (3) uses or receives a substantial amount of tangible
5-26 goods, services, or money from the commission, other than
5-27 compensation or reimbursement authorized by law for commission
6-1 membership, attendance, or expenses. (V.A.C.S. Art. 601b, Sec.
6-2 2.02 (part).)
6-3 Sec. 2152.054. CONFLICTS OF INTEREST. (a) An individual
6-4 may not serve as a member of the commission or act as the general
6-5 counsel to the commission if the individual is required to register
6-6 as a lobbyist under Chapter 305 because of the individual's
6-7 activities for compensation on behalf of a profession related to
6-8 the operation of the commission or a business entity that contracts
6-9 with the state.
6-10 (b) An officer, employee, or paid consultant of a Texas
6-11 trade association of business entities that contracts with the
6-12 state may not:
6-13 (1) serve as a commission member; or
6-14 (2) be employed as a commission employee who is exempt
6-15 from the state's position classification plan or is compensated at
6-16 or above the amount prescribed by the General Appropriations Act
6-17 for step 1, salary group 17, of the position classification salary
6-18 schedule.
6-19 (c) An individual who is the spouse of an officer, manager,
6-20 or paid consultant of a Texas trade association of business
6-21 entities that contracts with the state may not:
6-22 (1) serve as a commission member; or
6-23 (2) be employed as a commission employee who is exempt
6-24 from the state's position classification plan or is compensated at
6-25 or above the amount prescribed by the General Appropriations Act
6-26 for step 1, salary group 17, of the position classification salary
6-27 schedule.
7-1 (d) For purposes of this section, a trade association is a
7-2 nonprofit, cooperative, and voluntarily joined association of
7-3 business or professional competitors designed to assist its members
7-4 and its industry or profession in dealing with mutual business or
7-5 professional problems and in promoting their common interest.
7-6 (V.A.C.S. Art. 601b, Sec. 2.061.)
7-7 Sec. 2152.055. INFORMATION ABOUT QUALIFICATIONS AND
7-8 STANDARDS OF CONDUCT. The commission shall provide its members and
7-9 employees, as often as necessary, information regarding their:
7-10 (1) qualifications for office or employment under this
7-11 subtitle; and
7-12 (2) responsibilities under applicable laws relating to
7-13 standards of conduct for state officers or employees. (V.A.C.S.
7-14 Art. 601b, Sec. 2.06(e).)
7-15 Sec. 2152.056. REMOVAL OF COMMISSION MEMBER. (a) It is a
7-16 ground for removal from the commission that a member:
7-17 (1) violates a prohibition established by Section
7-18 2152.054;
7-19 (2) cannot discharge because of illness or disability
7-20 the member's duties for a substantial part of the term for which
7-21 the member is appointed; or
7-22 (3) is absent from more than half of the regularly
7-23 scheduled commission meetings that the member is eligible to attend
7-24 during a calendar year unless the absence is excused by majority
7-25 vote of the commission.
7-26 (b) The validity of an action of the commission is not
7-27 affected by the fact that it is taken when a ground for removal of
8-1 a commission member exists.
8-2 (c) If the executive director has knowledge that a potential
8-3 ground for removal exists, the executive director shall notify the
8-4 presiding officer of the commission. The presiding officer shall
8-5 then notify the governor that a potential ground for removal
8-6 exists. (V.A.C.S. Art. 601b, Sec. 2.051.)
8-7 Sec. 2152.057. TERMS. Commission members serve staggered
8-8 six-year terms with two members' terms expiring January 31 of each
8-9 odd-numbered year. (V.A.C.S. Art. 601b, Sec. 2.03.)
8-10 Sec. 2152.058. PRESIDING OFFICER; MEETINGS. (a) The
8-11 governor annually shall appoint a presiding officer from among the
8-12 commission members.
8-13 (b) The commission shall meet at least once each month. The
8-14 commission may meet at other times at the call of the presiding
8-15 officer or as provided by the commission's rules.
8-16 (c) Four members of the commission constitute a quorum.
8-17 (V.A.C.S. Art. 601b, Secs. 2.04(a)-(c).)
8-18 Sec. 2152.059. REIMBURSEMENT FOR EXPENSES. A commission
8-19 member is not entitled to compensation but is entitled to
8-20 reimbursement for actual and necessary expenses incurred in
8-21 performing functions as a commission member. (V.A.C.S. Art. 601b,
8-22 Sec. 2.05.)
8-23 Sec. 2152.060. PUBLIC INTEREST INFORMATION AND COMPLAINTS.
8-24 (a) The commission shall prepare information of public interest
8-25 describing the commission's functions and the procedures by which
8-26 complaints are filed with and resolved by the commission. The
8-27 commission by rule shall establish methods by which consumers,
9-1 service recipients, and persons contracting with the state under
9-2 this subtitle are notified of the commission's name, mailing
9-3 address, and telephone number for directing complaints to the
9-4 commission. The commission shall make the information available to
9-5 the public and appropriate state agencies.
9-6 (b) The commission shall keep an information file about each
9-7 complaint filed with the commission that the commission has
9-8 authority to resolve.
9-9 (c) If a written complaint is filed with the commission that
9-10 the commission has authority to resolve, the commission, at least
9-11 quarterly and until final disposition of the complaint, shall
9-12 notify the parties to the complaint of the complaint's status
9-13 unless the notice would jeopardize an undercover investigation.
9-14 (V.A.C.S. Art. 601b, Secs. 2.10(a), (b).)
9-15 Sec. 2152.061. PUBLIC ACCESS. (a) The commission shall
9-16 prepare and maintain a written plan that describes how an
9-17 individual who does not speak English can be provided reasonable
9-18 access to the commission's programs.
9-19 (b) The commission shall develop and implement policies that
9-20 provide the public with a reasonable opportunity to appear before
9-21 the commission and to speak on any issue under the commission's
9-22 jurisdiction.
9-23 (c) The commission shall comply with federal and state laws
9-24 for program and facility accessibility. (V.A.C.S. Art. 601b, Secs.
9-25 2.04(d), 2.10(c).)
9-26 Sec. 2152.062. ACTIVITY AND EFFICIENCY REPORT. Not later
9-27 than the 30th day after the date on which the regular session of
10-1 the legislature begins, the commission shall report to the
10-2 legislature concerning the commission's activities during the
10-3 preceding legislative interim. The commission shall recommend
10-4 amendments to law that would result in increased efficiency,
10-5 economy, or productivity in the areas monitored by the commission.
10-6 (V.A.C.S. Art. 601b, Sec. 2.08(a).)
10-7 Sec. 2152.063. FISCAL REPORT. (a) The commission shall
10-8 file annually with the governor and the presiding officer of each
10-9 house of the legislature a complete and detailed written report
10-10 accounting for all money received and disbursed by the commission
10-11 during the preceding fiscal year.
10-12 (b) The annual report must comply with form and time
10-13 requirements provided by the General Appropriations Act. (V.A.C.S.
10-14 Art. 601b, Sec. 2.08(b).)
10-15 Sec. 2152.064. REPORTS ON NONRESIDENT BIDDERS. (a) In this
10-16 section, "nonresident bidder" means a bidder who does not maintain
10-17 a permanently staffed full-time office in this state.
10-18 (b) During January and July of each year, a state agency
10-19 shall file with the presiding officer of each house of the
10-20 legislature and the presiding officers of the house appropriations
10-21 committee and the senate finance committee a report that identifies
10-22 each nonresident bidder to whom the agency awarded a contract that
10-23 has a value of $25,000 or more for the purchase of supplies,
10-24 materials, services, or equipment during the six calendar months
10-25 preceding the month in which the report is filed, if the agency
10-26 awarded such a contract during the reporting period.
10-27 (c) A contractor to whom a state agency has awarded a
11-1 contract shall report to the agency the identity of each
11-2 nonresident bidder to whom the contractor has awarded a subcontract
11-3 that has a value of $25,000 or more, under the state contract, for
11-4 the purchase of supplies, materials, services, or equipment. The
11-5 state agency shall report that information in the manner prescribed
11-6 by Subsection (b) for contracts awarded by the agency. (V.A.C.S.
11-7 Art. 601b, Sec. 2.081.)
11-8 (Sections 2152.065-2152.100 reserved for expansion)
11-9 SUBCHAPTER C. PERSONNEL
11-10 Sec. 2152.101. EXECUTIVE DIRECTOR. (a) The commission
11-11 shall employ an executive director who has demonstrated executive
11-12 and organizational ability.
11-13 (b) The executive director serves at the commission's
11-14 pleasure. (V.A.C.S. Art. 601b, Sec. 2.06(a) (part).)
11-15 Sec. 2152.102. BOND OF EXECUTIVE DIRECTOR. (a) The
11-16 executive director shall execute a bond payable to the state in an
11-17 amount the commission considers necessary. The bond must be:
11-18 (1) approved by the commission; and
11-19 (2) conditioned on the faithful performance of the
11-20 executive director's duties.
11-21 (b) Premiums for the bond are payable from appropriations
11-22 for the commission. (V.A.C.S. Art. 601b, Sec. 2.06(a) (part).)
11-23 Sec. 2152.103. GENERAL POWERS AND DUTIES OF EXECUTIVE
11-24 DIRECTOR. (a) The executive director shall manage the
11-25 commission's affairs under the commission's direction.
11-26 (b) The commission's directions to the executive director
11-27 shall be:
12-1 (1) made only at an open meeting of the commission;
12-2 and
12-3 (2) included in the commission's minutes for the
12-4 meeting.
12-5 (c) The executive director may employ staff necessary to
12-6 administer the commission's functions. (V.A.C.S. Art. 601b, Secs.
12-7 2.06(b) (part), (d).)
12-8 Sec. 2152.104. ASSOCIATE DEPUTY DIRECTORS; DIVISIONS;
12-9 DIVISION DIRECTORS. (a) The commission shall have three associate
12-10 deputy directors with:
12-11 (1) one employed by the commission to serve at the
12-12 pleasure of the commission to administer the surplus and salvage
12-13 property division as provided by Subsection (b);
12-14 (2) one employed by the executive director to
12-15 administer the travel division and other divisions assigned to the
12-16 person by the executive director; and
12-17 (3) one employed by the executive director to
12-18 administer the remaining divisions assigned to the person by the
12-19 executive director.
12-20 (b) The commission shall direct the associate deputy
12-21 director's management of the surplus and salvage property division.
12-22 The associate deputy director shall report directly to the
12-23 commission. Commission direction of the associate deputy
12-24 director's management of the surplus and salvage property division
12-25 shall occur only at an open meeting of the commission and shall be
12-26 made a part of the minutes of the meeting.
12-27 (c) Instead of employing an associate deputy director under
13-1 Subsection (a)(1), the commission may assign directly to the
13-2 executive director the duty to administer, under the commission's
13-3 direction, the surplus and salvage property division.
13-4 (d) Each division shall be managed by a division director
13-5 who shall report to the associate deputy director who administers
13-6 the division, except as provided by Subsection (b).
13-7 (e) In accordance with this subchapter, the executive
13-8 director shall appoint a director of facilities construction and
13-9 space management, who shall:
13-10 (1) be a registered architect or registered
13-11 professional engineer; and
13-12 (2) have proven administrative ability and experience
13-13 in the fields of building design and construction. (V.A.C.S.
13-14 Art. 601b, Secs. 2.06(c), 2.09(a), (b), (c) (part), 5.15(b).)
13-15 Sec. 2152.105. RESPONSIBILITIES OF COMMISSION AND COMMISSION
13-16 STAFF. The commission shall develop and implement policies that
13-17 clearly define the responsibilities of the commission and the
13-18 commission's staff. (V.A.C.S. Art. 601b, Sec. 2.06(f).)
13-19 Sec. 2152.106. PROHIBITION OF GRANT OF AUTHORITY BY POWER OF
13-20 ATTORNEY. A commission member may not by power of attorney grant
13-21 authority to the executive director or another commission employee.
13-22 (V.A.C.S. Art. 601b, Sec. 2.06(b) (part).)
13-23 Sec. 2152.107. MERIT PAY. (a) The executive director or
13-24 the executive director's designated representative shall develop a
13-25 system of annual performance evaluations.
13-26 (b) Merit pay for commission employees must be based on the
13-27 system established under this section. (V.A.C.S. Art. 601b, Sec.
14-1 2.06(h).)
14-2 Sec. 2152.108. CAREER LADDER. The executive director or the
14-3 executive director's designated representative shall develop an
14-4 intra-agency career ladder program. The program must require
14-5 intra-agency posting of all non-entry-level positions concurrently
14-6 with any public posting. (V.A.C.S. Art. 601b, Sec. 2.06(g).)
14-7 Sec. 2152.109. EQUAL EMPLOYMENT OPPORTUNITY POLICY. (a)
14-8 The executive director or the executive director's designated
14-9 representative shall prepare and maintain a written policy
14-10 statement to assure implementation of a program of equal employment
14-11 opportunity under which all personnel transactions are made without
14-12 regard to race, color, disability, sex, religion, age, or national
14-13 origin. The policy statement must include:
14-14 (1) personnel policies, including policies relating to
14-15 recruitment, evaluation, selection, appointment, training, and
14-16 promotion of personnel, that comply with Chapter 21, Labor Code;
14-17 (2) a comprehensive analysis of the commission's
14-18 workforce that meets federal and state guidelines;
14-19 (3) procedures by which a determination can be made of
14-20 significant underuse in the commission's workforce of all
14-21 individuals for whom federal or state guidelines encourage a more
14-22 equitable balance; and
14-23 (4) reasonable methods to appropriately address areas
14-24 of significant underuse.
14-25 (b) A policy statement prepared under Subsection (a) must:
14-26 (1) cover an annual period;
14-27 (2) be updated at least annually;
15-1 (3) be reviewed annually by the Commission on Human
15-2 Rights for compliance with Subsection (a)(1); and
15-3 (4) be filed with the governor's office.
15-4 (c) The governor's office shall deliver a biennial report to
15-5 the legislature based on the information received under Subsection
15-6 (b). The report may be made separately or as a part of other
15-7 biennial reports made to the legislature. (V.A.C.S. Art. 601b,
15-8 Secs. 2.06(i), (j), (k).)
15-9 (Chapters 2153-2154 reserved for expansion)
15-10 CHAPTER 2155. PURCHASING: GENERAL RULES AND PROCEDURES
15-11 SUBCHAPTER A. GENERAL PROVISIONS
15-12 Sec. 2155.001. DEFINITIONS
15-13 Sec. 2155.002. COMMISSION FOCUS ON LARGE EXPENDITURES
15-14 Sec. 2155.003. CONFLICT OF INTEREST
15-15 Sec. 2155.004. CERTAIN BIDS AND CONTRACTS PROHIBITED
15-16 Sec. 2155.005. COMPLIANCE WITH ANTITRUST LAWS
15-17 (Sections 2155.006-2155.060 reserved for expansion)
15-18 SUBCHAPTER B. GENERAL PURCHASING REQUIREMENTS, PROCEDURES,
15-19 AND PROGRAMS
15-20 Sec. 2155.061. COMMISSION PURCHASING SYSTEM
15-21 Sec. 2155.062. PURCHASE METHODS
15-22 Sec. 2155.063. COMPETITIVE BIDDING REQUIREMENT
15-23 Sec. 2155.064. SCHEDULE AND BULK PURCHASING
15-24 Sec. 2155.065. CONTRACTS WITH DEPARTMENT OF CRIMINAL
15-25 JUSTICE
15-26 Sec. 2155.066. REVIEW OF SPECIFICATIONS
15-27 Sec. 2155.067. PROPRIETARY PURCHASES
16-1 Sec. 2155.068. UNIFORM STANDARDS AND SPECIFICATIONS
16-2 Sec. 2155.069. TESTING AND INSPECTION
16-3 Sec. 2155.070. FAILURE TO MEET SPECIFICATIONS
16-4 Sec. 2155.071. STATISTICAL INFORMATION ON CONSUMPTION AND
16-5 USE
16-6 Sec. 2155.072. STATEWIDE OR REGIONAL SERVICES CONTRACTS;
16-7 COMMISSION STUDIES
16-8 Sec. 2155.073. PARTICIPATION BY SMALL BUSINESSES IN STATE
16-9 PURCHASING
16-10 (Sections 2155.074-2155.130 reserved for expansion)
16-11 SUBCHAPTER C. DELEGATIONS OF AND EXCLUSIONS FROM COMMISSION'S
16-12 PURCHASING AUTHORITY AND CERTAIN EXEMPTIONS
16-13 FROM COMPETITIVE BIDDING
16-14 Sec. 2155.131. DELEGATION OF AUTHORITY TO STATE AGENCIES
16-15 Sec. 2155.132. PURCHASES LESS THAN SPECIFIED MONETARY
16-16 AMOUNT
16-17 Sec. 2155.133. DELEGATION OF AUTHORITY TO INSTITUTION OF
16-18 HIGHER EDUCATION
16-19 Sec. 2155.134. GROUP PURCHASING PROGRAMS
16-20 Sec. 2155.135. PURCHASES FROM HIGHER EDUCATION RESEARCH
16-21 FUNDS
16-22 Sec. 2155.136. PURCHASE OF CERTAIN MEDICAL EQUIPMENT BY
16-23 MEDICAL OR DENTAL UNIT
16-24 Sec. 2155.137. EMERGENCY PURCHASES
16-25 Sec. 2155.138. EXEMPTION OF GOODS OR SERVICES OF BLIND OR
16-26 VISUALLY IMPAIRED PERSONS
16-27 Sec. 2155.139. EXEMPTION FOR CERTAIN LIBRARIES AND HEALTH
17-1 FACILITIES
17-2 Sec. 2155.140. PURCHASE FROM GIFT OR GRANT NOT WITHIN
17-3 COMMISSION'S PURCHASING AUTHORITY
17-4 Sec. 2155.141. CERTAIN OTHER PURCHASES NOT WITHIN COMMISSION
17-5 PURCHASING AUTHORITY
17-6 Sec. 2155.142. PURCHASES BY VETERANS LAND BOARD
17-7 Sec. 2155.143. PURCHASE OF CARE AND TREATMENT SERVICES BY
17-8 TEXAS YOUTH COMMISSION
17-9 (Sections 2155.144-2155.200 reserved for expansion)
17-10 SUBCHAPTER D. EXTENSION OF COMMISSION PURCHASING SERVICES
17-11 TO OTHER ENTITIES
17-12 Sec. 2155.201. PURCHASE OF MOTOR VEHICLES FOR SCHOOL
17-13 DISTRICTS
17-14 Sec. 2155.202. MENTAL HEALTH AND MENTAL RETARDATION COMMUNITY
17-15 CENTERS; ASSISTANCE ORGANIZATIONS
17-16 Sec. 2155.203. PURCHASES BY LEGISLATURE AND LEGISLATIVE
17-17 AGENCIES
17-18 Sec. 2155.204. LOCAL GOVERNMENT PURCHASING PROGRAM
17-19 (Sections 2155.205-2155.260 reserved for expansion)
17-20 SUBCHAPTER E. MASTER BIDDERS LIST
17-21 Sec. 2155.261. APPLICABILITY
17-22 Sec. 2155.262. UNIFORM REGISTRATION FORM
17-23 Sec. 2155.263. COMMISSION TO MAINTAIN MASTER BIDDERS LIST
17-24 Sec. 2155.264. AGENCY SOLICITATION OF BIDS OR PROPOSALS FOR
17-25 ACQUISITION OVER $15,000
17-26 Sec. 2155.265. ACCESS TO MASTER BIDDERS LIST
17-27 Sec. 2155.266. REGISTRATION AND RENEWAL FEE
18-1 Sec. 2155.267. COMMISSION RULES AND PROCEDURES REGARDING
18-2 MASTER BIDDERS LIST
18-3 Sec. 2155.268. USE OF STATE AGENCY BIDDERS LIST
18-4 Sec. 2155.269. WAIVER
18-5 Sec. 2155.270. AGENCY ASSISTANCE WITH BIDDERS LIST ISSUES
18-6 (Sections 2155.271-2155.320 reserved for expansion)
18-7 SUBCHAPTER F. INSPECTION AND CERTIFICATION
18-8 OF GOODS OR SERVICES; AUDITS
18-9 Sec. 2155.321. DEFINITIONS
18-10 Sec. 2155.322. INSPECTION AND CERTIFICATION
18-11 Sec. 2155.323. COMPTROLLER AUDIT; TRANSMISSION OF PURCHASE
18-12 INFORMATION TO COMMISSION
18-13 Sec. 2155.324. COMMISSION AUDIT
18-14 Sec. 2155.325. COMMISSION AUDIT AFTER ISSUANCE OF WARRANT
18-15 Sec. 2155.326. UPDATE OF COMMISSION FILES AND RECORDS
18-16 Sec. 2155.327. INTERAGENCY PURCHASES AND TRANSACTIONS
18-17 (Sections 2155.328-2155.380 reserved for expansion)
18-18 SUBCHAPTER G. PAYMENT PROVISIONS
18-19 Sec. 2155.381. INVOICE
18-20 Sec. 2155.382. PAYMENT BY WARRANT
18-21 Sec. 2155.383. ADVANCE PAYMENTS TO STATE OR FEDERAL AGENCY
18-22 Sec. 2155.384. AUTHORITY TO PAY CHARGES
18-23 Sec. 2155.385. CREDIT CARDS
18-24 Sec. 2155.386. PREPAYMENT FOR LIBRARY MATERIALS BY
18-25 INSTITUTION OF HIGHER EDUCATION
18-26 Sec. 2155.387. PAYMENT FOR ROAD CONSTRUCTION MATERIALS
18-27 DELIVERED BY VEHICLE EXCEEDING WEIGHT
19-1 LIMITS
19-2 (Sections 2155.388-2155.440 reserved for expansion)
19-3 SUBCHAPTER H. PURCHASING PREFERENCES
19-4 Sec. 2155.441. PREFERENCE FOR PRODUCTS OF PERSONS WITH MENTAL
19-5 RETARDATION OR PHYSICAL DISABILITIES
19-6 Sec. 2155.442. PREFERENCE FOR ENERGY EFFICIENT PRODUCTS
19-7 Sec. 2155.443. PREFERENCE FOR RUBBERIZED ASPHALT PAVING
19-8 Sec. 2155.444. PREFERENCE TO TEXAS AND UNITED STATES
19-9 PRODUCTS
19-10 Sec. 2155.445. PREFERENCE FOR RECYCLED PRODUCTS
19-11 Sec. 2155.446. PURCHASE AND USE OF PAPER CONTAINING RECYCLED
19-12 FIBERS
19-13 Sec. 2155.447. PURCHASE OF RECYCLED OIL
19-14 Sec. 2155.448. EXPENDITURES FOR RECYCLED MATERIALS
19-15 CHAPTER 2155. PURCHASING: GENERAL RULES AND PROCEDURES
19-16 SUBCHAPTER A. GENERAL PROVISIONS
19-17 Sec. 2155.001. DEFINITIONS. In this chapter and Chapters
19-18 2156, 2157, and 2158:
19-19 (1) "Goods" means supplies, materials, or equipment.
19-20 (2) "Service" means the furnishing of skilled or
19-21 unskilled labor or professional work, but does not include a:
19-22 (A) professional service subject to Subchapter
19-23 A, Chapter 2254;
19-24 (B) service of a state agency employee;
19-25 (C) consulting service or service of a private
19-26 consultant as defined by Subchapter B, Chapter 2254; or
19-27 (D) service of a public utility. (V.A.C.S.
20-1 Art. 601b, Sec. 3.01(c); New.)
20-2 Sec. 2155.002. COMMISSION FOCUS ON LARGE EXPENDITURES. To
20-3 the extent possible, the commission shall focus its efforts under
20-4 this chapter and Chapters 2156-2158 on purchases and contracts that
20-5 involve relatively large amounts of money. (V.A.C.S. Art. 601b,
20-6 Sec. 3.012.)
20-7 Sec. 2155.003. CONFLICT OF INTEREST. (a) A commission
20-8 member, employee, or appointee may not:
20-9 (1) have an interest in, or in any manner be connected
20-10 with, a contract or bid for a purchase of goods or services by an
20-11 agency of the state; or
20-12 (2) in any manner, including by rebate or gift, accept
20-13 or receive from a person to whom a contract may be awarded,
20-14 directly or indirectly, anything of value or a promise, obligation,
20-15 or contract for future reward or compensation.
20-16 (b) A commission member, employee, or appointee who violates
20-17 Subsection (a)(2) is subject to dismissal. (V.A.C.S. Art. 601b,
20-18 Sec. 3.19.)
20-19 Sec. 2155.004. CERTAIN BIDS AND CONTRACTS PROHIBITED. (a)
20-20 A state agency may not accept a bid or award a contract that
20-21 includes proposed financial participation by a person who received
20-22 compensation from the agency to participate in preparing the
20-23 specifications or request for proposals on which the bid or
20-24 contract is based.
20-25 (b) This section does not prohibit a bidder or contract
20-26 participant from providing free technical assistance to a state
20-27 agency. (V.A.C.S. Art. 601b, Sec. 3.102.)
21-1 Sec. 2155.005. COMPLIANCE WITH ANTITRUST LAWS. (a) A
21-2 bidder offering to sell goods or services to the state shall
21-3 certify on each bid submitted that neither the bidder, nor the
21-4 person represented by the bidder, nor any person acting for the
21-5 represented person has:
21-6 (1) violated the antitrust laws codified by Chapter
21-7 15, Business & Commerce Code, or the federal antitrust laws; or
21-8 (2) directly or indirectly communicated the bid to a
21-9 competitor or other person engaged in the same line of business.
21-10 (b) The attorney general shall prepare the certification
21-11 statement. The statement shall be made a part of the bid form.
21-12 (V.A.C.S. Art. 601b, Sec. 3.13.)
21-13 (Sections 2155.006-2155.060 reserved for expansion)
21-14 SUBCHAPTER B. GENERAL PURCHASING REQUIREMENTS, PROCEDURES,
21-15 AND PROGRAMS
21-16 Sec. 2155.061. COMMISSION PURCHASING SYSTEM. (a) The
21-17 commission shall acquire by purchase, lease, rental, or another
21-18 manner all goods and services for a state agency, including a
21-19 purchase that does not require a competitive bid or a spot
21-20 purchase.
21-21 (b) The commission shall operate an effective and economical
21-22 system for purchasing goods and services. (V.A.C.S. Art. 601b,
21-23 Secs. 3.01(a) (part), (b).)
21-24 Sec. 2155.062. PURCHASE METHODS. (a) In purchasing goods
21-25 and services the commission may use, but is not limited to, the:
21-26 (1) contract purchase procedure;
21-27 (2) multiple award contract procedure; or
22-1 (3) open market purchase procedure.
22-2 (b) Chapter 2156 provides additional information on purchase
22-3 methods.
22-4 (c) Chapter 2157 provides additional information on purchase
22-5 of automated information systems. (V.A.C.S. Art. 601b, Sec.
22-6 3.10(a) (part); New.)
22-7 Sec. 2155.063. COMPETITIVE BIDDING REQUIREMENT. Except as
22-8 otherwise provided by this subtitle, a purchase of or contract for
22-9 goods or services shall, whenever possible, be accomplished through
22-10 competitive bidding. (V.A.C.S. Art. 601b, Sec. 3.10(a) (part).)
22-11 Sec. 2155.064. SCHEDULE AND BULK PURCHASING. The commission
22-12 may combine orders in a system of schedule purchasing and shall
22-13 attempt to benefit from bulk purchasing. (V.A.C.S. Art. 601b, Sec.
22-14 3.10(a) (part).)
22-15 Sec. 2155.065. CONTRACTS WITH DEPARTMENT OF CRIMINAL
22-16 JUSTICE. The commission is authorized to make contracts with the
22-17 Texas Department of Criminal Justice for the purchase of goods and
22-18 services for use by another state agency. (V.A.C.S. Art. 601b,
22-19 Sec. 3.23.)
22-20 Sec. 2155.066. REVIEW OF SPECIFICATIONS. The commission
22-21 shall review the specifications and purchase conditions of goods or
22-22 services considered for purchase. (V.A.C.S. Art. 601b, Sec.
22-23 3.09(a).)
22-24 Sec. 2155.067. PROPRIETARY PURCHASES. (a) If, after review
22-25 under Section 2155.066, the commission finds that specifications
22-26 and conditions of a purchase request describe a product that is
22-27 proprietary to one vendor and do not permit an equivalent product
23-1 to be supplied, the commission shall require the requesting state
23-2 agency to justify in writing the specifications or conditions.
23-3 (b) The agency head or the presiding officer of the agency's
23-4 governing body must sign the written justification. For an
23-5 institution of higher education, the individual designated by the
23-6 president or governing body as purchasing officer for the
23-7 institution may sign the written justification.
23-8 (c) The written justification must:
23-9 (1) explain the need for the specifications;
23-10 (2) state the reason competing products are not
23-11 satisfactory; and
23-12 (3) provide other information requested by the
23-13 commission.
23-14 (d) If the commission requires a resubmission with written
23-15 justification, the commission shall notify the requesting state
23-16 agency of the requirement not later than the 10th day after the
23-17 date of receiving the purchase request.
23-18 (e) If the commission, after considering all factors, takes
23-19 exception to the justifications, the commission shall purchase the
23-20 goods or services as requested and report the reasons for its
23-21 exception to the:
23-22 (1) agency head or the presiding officer of the
23-23 agency's governing body;
23-24 (2) state auditor;
23-25 (3) Legislative Budget Board; and
23-26 (4) governor.
23-27 (f) The commission shall issue an invitation to bid to
24-1 vendors not later than the 20th day after the date of receiving the
24-2 required written justification.
24-3 (g) The commission may not delay processing a purchase
24-4 requisition by submitting the specifications and conditions to the
24-5 state auditor's office for comment or recommendation before issuing
24-6 the invitation to bid to vendors. (V.A.C.S. Art. 601b, Secs.
24-7 3.09(b), (c), (d), (e), (f).)
24-8 Sec. 2155.068. UNIFORM STANDARDS AND SPECIFICATIONS. (a)
24-9 The commission may coordinate uniform standards and specifications
24-10 for goods purchased by the commission.
24-11 (b) The commission shall enlist the cooperation of other
24-12 state agencies in the establishment, maintenance, and revision of
24-13 uniform standards and specifications and shall foster their use to
24-14 accomplish continuously the most efficient purchase of goods.
24-15 (c) The commission shall review contracts and procedures to
24-16 ensure that all services meet contract specifications.
24-17 (d) As part of the standards and specifications program, the
24-18 commission shall review contracts for recycling waste produced at
24-19 state buildings. (V.A.C.S. Art. 601b, Secs. 3.17(a), (b).)
24-20 Sec. 2155.069. TESTING AND INSPECTION. (a) The commission
24-21 shall test and inspect goods and services under a program to ensure
24-22 compliance with specifications.
24-23 (b) The commission may contract for testing under this
24-24 section.
24-25 (c) The commission shall provide for testing and inspection
24-26 of all costly purchases and may adopt rules necessary to carry out
24-27 this duty. (V.A.C.S. Art. 601b, Sec. 3.17(c) (part).)
25-1 Sec. 2155.070. FAILURE TO MEET SPECIFICATIONS. (a) A state
25-2 agency that determines that goods or services received do not meet
25-3 specifications shall promptly notify the commission in writing of
25-4 the reasons for the determination. The commission shall
25-5 immediately make its own determination of whether the goods and
25-6 services meet specifications.
25-7 (b) The commission has the sole power to determine that
25-8 goods and services meet or fail to meet specifications.
25-9 (c) On determining that contract specifications or
25-10 conditions have not been met, the commission shall act against the
25-11 defaulting contractor, with the assistance of the attorney general
25-12 as necessary.
25-13 (d) If the commission receives repeated complaints against a
25-14 vendor, the commission shall remove the vendor's name from the
25-15 commission's bidders list for not longer than one year. (V.A.C.S.
25-16 Art. 601b, Sec. 3.17(c) (part).)
25-17 Sec. 2155.071. STATISTICAL INFORMATION ON CONSUMPTION AND
25-18 USE. (a) The commission shall keep statistical information on the
25-19 consumption and use of goods and services purchased for a state
25-20 agency and on request shall provide the information to the agency.
25-21 (b) The commission shall cooperate with the state budget
25-22 offices and the state auditor in preparing information on the
25-23 consumption and use of goods and services. (V.A.C.S. Art. 601b,
25-24 Sec. 3.18.)
25-25 Sec. 2155.072. STATEWIDE OR REGIONAL SERVICES CONTRACTS;
25-26 COMMISSION STUDIES. (a) The commission annually shall select for
25-27 study at least one service that is purchased by one or more state
26-1 agencies. The commission shall study a selected service to
26-2 determine whether the state would benefit if the service were
26-3 provided to appropriate state agencies under a regional or
26-4 statewide contract. The commission shall give priority to studying
26-5 services for which the commission has delegated the purchasing
26-6 function to many state agencies.
26-7 (b) The commission is not required to enter into a statewide
26-8 or regional contract for the provision of a service to state
26-9 agencies if more than five bidders are willing to provide the
26-10 service to the state under a statewide or regional contract.
26-11 (V.A.C.S. Art. 601b, Sec. 3.181.)
26-12 Sec. 2155.073. PARTICIPATION BY SMALL BUSINESSES IN STATE
26-13 PURCHASING. The commission shall foster participation of small
26-14 businesses in the purchasing activities of the state by:
26-15 (1) assisting state agencies in developing procedures
26-16 to ensure the inclusion of small businesses on state agency master
26-17 bid lists;
26-18 (2) informing small businesses of state purchasing
26-19 opportunities;
26-20 (3) assisting small businesses in complying with the
26-21 procedures for bidding on state contracts;
26-22 (4) working with state and federal agencies and with
26-23 private organizations in disseminating information on state
26-24 purchasing procedures and the opportunities for small businesses to
26-25 participate in state contracts;
26-26 (5) assisting state agencies with the development of a
26-27 comprehensive list of small businesses capable of providing goods
27-1 or services to the state;
27-2 (6) making recommendations to state agencies to
27-3 simplify contract specifications and terms to increase the
27-4 opportunities for small business participation;
27-5 (7) working with state agencies to establish a
27-6 statewide policy for increasing the use of small businesses;
27-7 (8) assisting state agencies in seeking small
27-8 businesses capable of supplying goods and services that the
27-9 agencies require;
27-10 (9) assisting state agencies in identifying and
27-11 advising small businesses on the types of goods and services needed
27-12 by the agencies; and
27-13 (10) assisting state agencies in increasing the volume
27-14 of business placed with small businesses. (V.A.C.S. Art. 601b,
27-15 Sec. 3.281.)
27-16 (Sections 2155.074-2155.130 reserved for expansion)
27-17 SUBCHAPTER C. DELEGATIONS OF AND EXCLUSIONS FROM COMMISSION'S
27-18 PURCHASING AUTHORITY AND CERTAIN EXEMPTIONS FROM
27-19 COMPETITIVE BIDDING
27-20 Sec. 2155.131. DELEGATION OF AUTHORITY TO STATE AGENCIES.
27-21 The commission may delegate purchasing functions to a state agency.
27-22 (V.A.C.S. Art. 601b, Sec. 3.06(b).)
27-23 Sec. 2155.132. PURCHASES LESS THAN SPECIFIED MONETARY
27-24 AMOUNT. (a) A state agency is delegated the authority to purchase
27-25 goods if the purchase does not exceed $5,000. The agency may,
27-26 however, use the commission's services for those purchases.
27-27 (b) The commission by rule may delegate to a state agency
28-1 the authority to purchase goods if the purchase exceeds $5,000.
28-2 (c) The commission by rule:
28-3 (1) shall prescribe procedures for a delegated
28-4 purchase; and
28-5 (2) may delegate to the comptroller the commission's
28-6 authority under Subchapter F to audit purchases and purchase
28-7 information if the purchases do not exceed $500 or a greater amount
28-8 prescribed by the commission.
28-9 (d) Competitive bidding, whether formal or informal, is not
28-10 required for a purchase by a state agency if the purchase does not
28-11 exceed $1,000, or a greater amount prescribed by commission rule.
28-12 (e) Goods purchased under this section may not include:
28-13 (1) an item for which a contract has been awarded
28-14 under the contract purchase procedure, unless the quantity
28-15 purchased is less than the minimum quantity specified in the
28-16 contract;
28-17 (2) an item required by statute to be purchased from a
28-18 particular source; or
28-19 (3) a scheduled item that has been designated for
28-20 purchase by the commission.
28-21 (f) A large purchase may not be divided into small lot
28-22 purchases to meet the dollar limits prescribed by this section.
28-23 The commission may not require that unrelated purchases be combined
28-24 into one purchase order to exceed the dollar limits prescribed by
28-25 this section.
28-26 (g) A state agency making a purchase under this section for
28-27 which competitive bidding is required must:
29-1 (1) attempt to obtain at least three competitive bids
29-2 from sources that normally offer for sale the goods being
29-3 purchased; and
29-4 (2) comply with Subchapter E. (V.A.C.S. Art. 601b,
29-5 Sec. 3.08.)
29-6 Sec. 2155.133. DELEGATION OF AUTHORITY TO INSTITUTION OF
29-7 HIGHER EDUCATION. (a) At the request of an institution of higher
29-8 education or other agency of higher education, the commission shall
29-9 delegate to the institution or agency authority to purchase goods
29-10 and services for research projects from state funds appropriated to
29-11 the institution or agency for that purpose.
29-12 (b) An institution or agency acting under delegated
29-13 authority shall follow the commission's monetary limits and
29-14 procedures regarding competitive bidding in the purchase of
29-15 research goods and services. The institution or agency may also
29-16 consider other factors in making purchases, including quality,
29-17 reliability, expected life span, and compatibility with existing
29-18 equipment.
29-19 (c) In this section, "institution of higher education" and
29-20 "other agency of higher education" have the meanings assigned by
29-21 Section 61.003, Education Code. (V.A.C.S. Art. 601b, Secs.
29-22 3.06(a), (c).)
29-23 Sec. 2155.134. GROUP PURCHASING PROGRAMS. (a) An
29-24 institution of higher education, as defined by Section 61.003,
29-25 Education Code, may purchase goods through a group purchasing
29-26 program that offers discount prices to institutions of higher
29-27 education.
30-1 (b) The commission shall adopt rules that allow purchases to
30-2 be made through group purchasing programs except when the
30-3 commission determines within a reasonable time after receiving
30-4 notice of a particular purchase that a lower price is available
30-5 through the commission.
30-6 (c) The rules must provide for commission determination of
30-7 compliance with state laws and commission rules on purchasing from
30-8 a historically underutilized business.
30-9 (d) This section does not affect other authority granted to
30-10 an institution of higher education under this subtitle. (V.A.C.S.
30-11 Art. 601b, Sec. 3.061.)
30-12 Sec. 2155.135. PURCHASES FROM HIGHER EDUCATION RESEARCH
30-13 FUNDS. (a) An item to be purchased from higher education research
30-14 funds may be acquired through competitive sealed proposals.
30-15 (b) To make a purchase under this section, the commission,
30-16 or an institution of higher education making the acquisition if
30-17 research purchasing authority has been delegated to that
30-18 institution under Section 2155.133, must first determine that
30-19 competitive sealed bidding or informal competitive bidding is not
30-20 practical or is disadvantageous to the state.
30-21 (c) If the institution of higher education oversees the
30-22 competitive sealed proposal procedure, the institution shall follow
30-23 the competitive sealed proposals procedures outlined by Subchapter
30-24 C, Chapter 2157, for the commission. (V.A.C.S. Art. 601b, Sec.
30-25 3.022(a) (part).)
30-26 Sec. 2155.136. PURCHASE OF CERTAIN MEDICAL EQUIPMENT BY
30-27 MEDICAL OR DENTAL UNIT. (a) A medical or dental unit listed under
31-1 Section 61.003, Education Code, may purchase through the use of
31-2 competitive sealed proposals:
31-3 (1) prototypes of medical equipment not yet available
31-4 on the market;
31-5 (2) medical equipment so new to the market that its
31-6 benefits are not fully known; and
31-7 (3) major medical equipment that is so technically
31-8 complex that development of specifications for competitive bidding
31-9 is not feasible.
31-10 (b) To make a purchase under this section, the medical or
31-11 dental unit must:
31-12 (1) follow the competitive sealed proposals procedures
31-13 under Subchapter C, Chapter 2157, and commission rules on the use
31-14 of competitive sealed proposals; and
31-15 (2) submit to the commission a written finding that
31-16 competitive sealed bidding or informal competitive bidding is not
31-17 practical or is disadvantageous to the state for the proposed
31-18 acquisition. (V.A.C.S. Art. 601b, Sec. 3.022(h).)
31-19 Sec. 2155.137. EMERGENCY PURCHASES. (a) The commission
31-20 shall provide for emergency purchases by a state agency and may set
31-21 a monetary limit on the amount of an emergency purchase.
31-22 (b) The provisions of Section 2161.181 relating to
31-23 historically underutilized businesses apply to an emergency
31-24 purchase made under this section. (V.A.C.S. Art. 601b, Sec. 3.07.)
31-25 Sec. 2155.138. EXEMPTION OF GOODS OR SERVICES OF BLIND OR
31-26 VISUALLY IMPAIRED PERSONS. The competitive bidding provisions of
31-27 this chapter do not apply to a state purchase of goods or services
32-1 that:
32-2 (1) are made or provided by blind or visually impaired
32-3 persons;
32-4 (2) are offered for sale to a state agency through
32-5 efforts made under law by the Texas Committee on Purchases of
32-6 Products and Services of Blind and Severely Disabled Persons;
32-7 (3) meet state specifications for quantity and
32-8 quality; and
32-9 (4) cost not more than the fair market price of
32-10 similar items. (V.A.C.S. Art. 601b, Sec. 3.22.)
32-11 Sec. 2155.139. EXEMPTION FOR CERTAIN LIBRARIES AND HEALTH
32-12 FACILITIES. (a) Section 2155.061 does not apply to an acquisition
32-13 if:
32-14 (1) the acquisition is for a:
32-15 (A) library operated as a part of a university
32-16 system or institution of higher education; or
32-17 (B) state-owned hospital or clinic; and
32-18 (2) the goods or services acquired are:
32-19 (A) serial and journal subscriptions;
32-20 (B) library materials, including books not
32-21 available under a statewide contract and papers;
32-22 (C) library services, including binding services
32-23 not available under a statewide contract; or
32-24 (D) library equipment and supplies.
32-25 (b) Section 2155.061 does not apply to a purchase of goods
32-26 by a state-owned hospital or clinic through a group purchasing
32-27 program that offers purchasing services at discount prices to two
33-1 or more hospital or clinic facilities if the chief executive
33-2 officer of the hospital or clinic or the officer's designee
33-3 certifies that the purchase of the particular goods through the
33-4 group purchasing program is the most cost-effective method of
33-5 purchasing available. (V.A.C.S. Art. 601b, Sec. 3.01(a) (part).)
33-6 Sec. 2155.140. PURCHASE FROM GIFT OR GRANT NOT WITHIN
33-7 COMMISSION'S PURCHASING AUTHORITY. The commission's authority does
33-8 not apply to a purchase of goods or services from a gift or grant,
33-9 including an industrial or federal grant or contract in support of
33-10 research. (V.A.C.S. Art. 601b, Sec. 3.02 (part).)
33-11 Sec. 2155.141. CERTAIN OTHER PURCHASES NOT WITHIN COMMISSION
33-12 PURCHASING AUTHORITY. The commission's authority does not extend
33-13 to a purchase of goods and services:
33-14 (1) for resale;
33-15 (2) for an auxiliary enterprise; or
33-16 (3) for an organized activity relating to an
33-17 instructional department of an institution of higher learning or a
33-18 similar activity of another state agency. (V.A.C.S. Art. 601b,
33-19 Sec. 3.02 (part).)
33-20 Sec. 2155.142. PURCHASES BY VETERANS LAND BOARD. This
33-21 subtitle does not apply to a purchase by or for the Veterans Land
33-22 Board in connection with improvements to, repairs to, or
33-23 maintenance of land or other activities of the board under Section
33-24 161.175, Natural Resources Code. (V.A.C.S. Art. 601b, Sec. 3.052.)
33-25 Sec. 2155.143. PURCHASE OF CARE AND TREATMENT SERVICES BY
33-26 TEXAS YOUTH COMMISSION. (a) The Texas Youth Commission may
33-27 purchase care and treatment services, including educational
34-1 services, for its wards.
34-2 (b) The Texas Youth Commission shall:
34-3 (1) negotiate purchases under this section to achieve
34-4 fair and reasonable prices at rates that do not exceed any maximum
34-5 provided by law; and
34-6 (2) select service providers according to each
34-7 provider's qualifications and demonstrated competence. (V.A.C.S.
34-8 Art. 601b, Sec. 3.01(e).)
34-9 (Sections 2155.144-2155.200 reserved for expansion)
34-10 SUBCHAPTER D. EXTENSION OF COMMISSION PURCHASING SERVICES
34-11 TO OTHER ENTITIES
34-12 Sec. 2155.201. PURCHASE OF MOTOR VEHICLES FOR SCHOOL
34-13 DISTRICTS. (a) The commission shall purchase for school districts
34-14 participating in the Foundation School Program under Subchapter F,
34-15 Chapter 21, Education Code, all motor vehicles, including buses,
34-16 used for transporting schoolchildren. The commission also shall
34-17 purchase the chassis, bodies, tires, and tubes for those buses.
34-18 (b) A purchase under this section must comply with the
34-19 alternative fuels requirements prescribed by Subchapter F, Chapter
34-20 21, Education Code. (V.A.C.S. Art. 601b, Sec. 3.03.)
34-21 Sec. 2155.202. MENTAL HEALTH AND MENTAL RETARDATION
34-22 COMMUNITY CENTERS; ASSISTANCE ORGANIZATIONS. A community center
34-23 for mental health and mental retardation services that receives
34-24 state grants-in-aid under Subchapter B, Chapter 534, Health and
34-25 Safety Code, and an assistance organization as defined by Section
34-26 2175.001 that receives state funds may purchase goods and services
34-27 through the commission. (V.A.C.S. Art. 601b, Sec. 3.04.)
35-1 Sec. 2155.203. PURCHASES BY LEGISLATURE AND LEGISLATIVE
35-2 AGENCIES. A house of the legislature, or an agency, council, or
35-3 committee of the legislature, including the Legislative Budget
35-4 Board, the Texas Legislative Council, the state auditor's office,
35-5 and the Legislative Reference Library, may use the commission's
35-6 purchasing services for purchasing goods and services, including
35-7 items covered by Section 21, Article XVI, Texas Constitution.
35-8 (V.A.C.S. Art. 601b, Sec. 3.05.)
35-9 Sec. 2155.204. LOCAL GOVERNMENT PURCHASING PROGRAM. The
35-10 commission's provision of purchasing services for local governments
35-11 is governed by Subchapter D, Chapter 271, Local Government Code.
35-12 (New.)
35-13 (Sections 2155.205-2155.260 reserved for expansion)
35-14 SUBCHAPTER E. MASTER BIDDERS LIST
35-15 Sec. 2155.261. APPLICABILITY. This subchapter:
35-16 (1) applies to a purchase or other acquisition under
35-17 this chapter or Chapters 2156-2158 for which competitive bidding or
35-18 competitive sealed proposals are required;
35-19 (2) applies to a state agency that makes a purchase or
35-20 other acquisition under this chapter or Chapters 2156-2158,
35-21 including the commission and an agency that makes an acquisition
35-22 under Section 2155.131 or 2155.133; and
35-23 (3) does not apply to a purchase or other acquisition
35-24 made by the commission under Subchapter A, Chapter 2156. (V.A.C.S.
35-25 Art. 601b, Sec. 3.101(a).)
35-26 Sec. 2155.262. UNIFORM REGISTRATION FORM. (a) The
35-27 commission shall develop a uniform registration form for applying
36-1 to do business with the commission or with another state agency.
36-2 (b) The commission and each state agency shall make the form
36-3 available to an applicant.
36-4 (c) The form must include an application for:
36-5 (1) certification as a historically underutilized
36-6 business;
36-7 (2) a payee identification number for use by the
36-8 comptroller; and
36-9 (3) placement on the commission's master bidders list.
36-10 (d) A state agency shall submit to the commission each
36-11 uniform registration form that it receives. The commission shall
36-12 send to the comptroller a copy of each uniform registration form.
36-13 (V.A.C.S. Art. 601b, Secs. 3.101(b), (c).)
36-14 Sec. 2155.263. COMMISSION TO MAINTAIN MASTER BIDDERS LIST.
36-15 (a) The commission shall maintain a master bidders list and
36-16 annually register on the list the name and address of each vendor
36-17 that applies for registration under rules adopted under this
36-18 subchapter. The commission may include other relevant vendor
36-19 information on the list.
36-20 (b) The commission shall maintain the master bidders list in
36-21 a manner that facilitates a state agency's solicitation of vendors
36-22 that serve the agency's geographic area. (V.A.C.S. Art. 601b, Sec.
36-23 3.101(d) (part).)
36-24 Sec. 2155.264. AGENCY SOLICITATION OF BIDS OR PROPOSALS FOR
36-25 ACQUISITION OVER $15,000. A state agency that proposes to make a
36-26 purchase or other acquisition that will cost more than $15,000
36-27 shall solicit bids or proposals from each eligible vendor on the
37-1 master bidders list that serves the agency's geographic region.
37-2 (V.A.C.S. Art. 601b, Sec. 3.101(d) (part).)
37-3 Sec. 2155.265. ACCESS TO MASTER BIDDERS LIST. (a) The
37-4 commission shall make the master bidders list available to each
37-5 state agency that makes a purchase or other acquisition to which
37-6 this subchapter applies.
37-7 (b) The commission shall make the list available either
37-8 electronically or in another form, depending on each state agency's
37-9 needs. (V.A.C.S. Art. 601b, Sec. 3.101(e).)
37-10 Sec. 2155.266. REGISTRATION AND RENEWAL FEE. (a) The
37-11 commission may charge a person applying for registration on the
37-12 master bidders list a registration fee and may charge a registrant
37-13 an annual renewal fee in an amount designed to recover the
37-14 commission's costs in:
37-15 (1) making and maintaining the master bidders list;
37-16 and
37-17 (2) soliciting bids or proposals under this
37-18 subchapter.
37-19 (b) The commission shall set the amount of the fees by rule.
37-20 (V.A.C.S. Art. 601b, Sec. 3.101(f).)
37-21 Sec. 2155.267. COMMISSION RULES AND PROCEDURES REGARDING
37-22 MASTER BIDDERS LIST. (a) The commission shall adopt procedures
37-23 for:
37-24 (1) making and maintaining the master bidders list;
37-25 and
37-26 (2) removing an inactive vendor from the list.
37-27 (b) The commission shall establish by rule a vendor
38-1 classification process under which only a vendor able to make a bid
38-2 or proposal on a particular purchase or other acquisition may be
38-3 solicited under this subchapter. (V.A.C.S. Art. 601b, Secs.
38-4 3.101(g), (h).)
38-5 Sec. 2155.268. USE OF STATE AGENCY BIDDERS LIST. (a) A
38-6 state agency may maintain and use its own bidders list only if the
38-7 commission determines by rule that the agency has specialized needs
38-8 that can best be met through maintaining and using its own
38-9 specialized bidders list.
38-10 (b) The commission by rule may prescribe the categories of
38-11 purchases or other acquisitions for which a state agency's
38-12 specialized bidders list may be used.
38-13 (c) A state agency may supplement the bidders list with its
38-14 own list of historically underutilized businesses if it determines
38-15 that the supplementation will increase the number of historically
38-16 underutilized businesses that submit bids. (V.A.C.S. Art. 601b,
38-17 Sec. 3.101(i).)
38-18 Sec. 2155.269. WAIVER. The commission by rule may establish
38-19 a process under which the requirement for soliciting bids or
38-20 proposals from eligible vendors on a bidders list may be waived for
38-21 an appropriate state agency or an appropriate purchase or other
38-22 acquisition under circumstances in which the requirement is not
38-23 warranted. (V.A.C.S. Art. 601b, Sec. 3.101(j) (part).)
38-24 Sec. 2155.270. AGENCY ASSISTANCE WITH BIDDERS LIST ISSUES.
38-25 The commission may assist a state agency with issues relating to a
38-26 bidders list. (V.A.C.S. Art. 601b, Sec. 3.101(j) (part).)
38-27 (Sections 2155.271-2155.320 reserved for expansion)
39-1 SUBCHAPTER F. INSPECTION AND CERTIFICATION
39-2 OF GOODS OR SERVICES; AUDITS
39-3 Sec. 2155.321. DEFINITIONS. In this subchapter:
39-4 (1) "Financial information" means information that the
39-5 comptroller determines is necessary to audit a claim under Chapter
39-6 403.
39-7 (2) "Purchase information" means information that the
39-8 commission determines is necessary to audit a purchase under this
39-9 subchapter. (V.A.C.S. Art. 601b, Sec. 3.15(a).)
39-10 Sec. 2155.322. INSPECTION AND CERTIFICATION. (a) A state
39-11 agency shall:
39-12 (1) inspect and evaluate at the time of receipt all
39-13 goods or services that the agency receives to determine whether the
39-14 goods or services comply with the contract under which they were
39-15 purchased; and
39-16 (2) certify, if true, that the goods or services
39-17 comply with contract requirements and that the invoice for them is
39-18 correct.
39-19 (b) Promptly after the later of the receipt of the invoice
39-20 or the receipt of the goods or services, the agency shall send to
39-21 the comptroller the certification, together with the financial
39-22 information and purchase information provided by the invoice and
39-23 purchase voucher, on a form or in the manner agreed to by the
39-24 comptroller and the commission.
39-25 (c) The commission by rule may require that purchase
39-26 information be sent directly to the commission in circumstances
39-27 under which the commission considers it necessary. (V.A.C.S.
40-1 Art. 601b, Sec. 3.15(b).)
40-2 Sec. 2155.323. COMPTROLLER AUDIT; TRANSMISSION OF PURCHASE
40-3 INFORMATION TO COMMISSION. (a) On receipt of a certification,
40-4 financial information, and purchase information from a state agency
40-5 as required by this subchapter, the comptroller shall audit the
40-6 financial information under Chapter 403.
40-7 (b) If the comptroller approves the financial information,
40-8 the comptroller shall determine whether commission rules require
40-9 the commission to audit the purchase information. If a commission
40-10 audit is required, the comptroller shall promptly send the
40-11 certification and purchase information to the commission using the
40-12 method and format agreed to by the comptroller and the commission.
40-13 (c) The purchase information sent to the commission must
40-14 include the:
40-15 (1) agency number;
40-16 (2) agency requisition number;
40-17 (3) agency voucher number;
40-18 (4) voucher amount;
40-19 (5) fiscal year in which the purchase is made;
40-20 (6) object code; and
40-21 (7) vendor identification number.
40-22 (d) In adopting rules, the commission may determine the
40-23 types of purchases for which a commission audit is required.
40-24 (V.A.C.S. Art. 601b, Sec. 3.15(c).)
40-25 Sec. 2155.324. COMMISSION AUDIT. (a) Not later than the
40-26 eighth day after the date the commission receives the certification
40-27 and purchase information required by this subchapter from the
41-1 comptroller, the commission shall audit the information for
41-2 compliance with applicable purchasing statutes and commission
41-3 rules.
41-4 (b) The commission may determine the auditing method used
41-5 under this section, including stratified or statistical sampling
41-6 techniques.
41-7 (c) The commission shall notify the comptroller of the
41-8 results of the commission's audit, using the method and format
41-9 agreed to by the commission and the comptroller. (V.A.C.S.
41-10 Art. 601b, Sec. 3.15(d).)
41-11 Sec. 2155.325. COMMISSION AUDIT AFTER ISSUANCE OF WARRANT.
41-12 (a) The commission may audit purchase information after a warrant
41-13 has been issued if the audit will expedite the payment process.
41-14 (b) For audits under this section, the commission by rule
41-15 shall:
41-16 (1) determine the types of purchases that will be
41-17 audited after a warrant is issued; and
41-18 (2) specify the purchase information that a state
41-19 agency must send to the comptroller or the commission before a
41-20 warrant is issued.
41-21 (c) For purchases audited after a warrant is issued, the
41-22 comptroller shall send the certification and purchase information
41-23 to the commission under commission rules. (V.A.C.S. Art. 601b,
41-24 Secs. 3.15(e), (f).)
41-25 Sec. 2155.326. UPDATE OF COMMISSION FILES AND RECORDS. To
41-26 enable the commission to update periodically computer records and
41-27 close purchase order files, the comptroller shall, on request,
42-1 furnish the commission with information detailing all vouchers paid
42-2 under this subchapter and Section 2155.132. (V.A.C.S. Art. 601b,
42-3 Sec. 3.15(g).)
42-4 Sec. 2155.327. INTERAGENCY PURCHASES AND TRANSACTIONS. This
42-5 subchapter does not apply to an interagency purchase or
42-6 transaction. An interagency purchase or transaction must be
42-7 accomplished on a special voucher or electronically as prescribed
42-8 by the comptroller. (V.A.C.S. Art. 601b, Sec. 3.15(h).)
42-9 (Sections 2155.328-2155.380 reserved for expansion)
42-10 SUBCHAPTER G. PAYMENT PROVISIONS
42-11 Sec. 2155.381. INVOICE. (a) The contractor or seller of
42-12 goods or services contracted for by the commission shall submit an
42-13 invoice to the ordering agency at the address shown on the purchase
42-14 order.
42-15 (b) The invoice shall be prepared and submitted as provided
42-16 by commission rule. (V.A.C.S. Art. 601b, Sec. 3.14.)
42-17 Sec. 2155.382. PAYMENT BY WARRANT. (a) After the
42-18 comptroller and the commission have approved financial information
42-19 and purchase information, when advance approval of that information
42-20 is required by commission rule, the comptroller shall draw a
42-21 warrant on the state treasury for:
42-22 (1) the amount due on the invoice; or
42-23 (2) the amount on the invoice that has been allowed.
42-24 (b) The comptroller shall complete the procedures for
42-25 drawing the warrant not later than the eighth day after the date of
42-26 receiving the necessary information. If a payment is not due until
42-27 after the eighth day, the comptroller may delay drawing a warrant
43-1 if the delay will maximize the state's cash flow. (V.A.C.S.
43-2 Art. 601b, Sec. 3.16.)
43-3 Sec. 2155.383. ADVANCE PAYMENTS TO STATE OR FEDERAL AGENCY.
43-4 A state agency may make an advance payment to a federal or other
43-5 state agency for goods purchased from the agency if an advance
43-6 payment will expedite delivery of the goods. (V.A.C.S. Art. 601b,
43-7 Sec. 3.24.)
43-8 Sec. 2155.384. AUTHORITY TO PAY CHARGES. The commission or
43-9 a state agency may pay a restocking charge, cancellation fee, or
43-10 other similar charge if the commission determines that the charge
43-11 is justifiable. (V.A.C.S. Art. 601b, Sec. 3.30.)
43-12 Sec. 2155.385. CREDIT CARDS. (a) If authorized by rule
43-13 adopted by the comptroller under Section 403.023, the commission
43-14 may contract with one or more credit card issuers for state
43-15 agencies to use credit cards to pay for purchases. The commission
43-16 may not enter into a contract that conflicts with the comptroller's
43-17 rules.
43-18 (b) This section does not apply to contracts regarding
43-19 travel services or the use of credit cards to pay for travel
43-20 services under Chapter 2171.
43-21 (c) In this section and notwithstanding Section 2151.002,
43-22 "state agency" has the meaning assigned by Section 403.023(e).
43-23 (V.A.C.S. Art. 601b, Sec. 3.33, as added Ch. 449, Acts 73rd Leg.,
43-24 R.S., 1993.)
43-25 Sec. 2155.386. PREPAYMENT FOR LIBRARY MATERIALS BY
43-26 INSTITUTION OF HIGHER EDUCATION. An institution of higher
43-27 education may pay for books and other published library materials
44-1 before receiving them if reasonably necessary for the efficient
44-2 operation of the institution's libraries. (V.A.C.S. Art. 601b,
44-3 Sec. 3.01(d).)
44-4 Sec. 2155.387. PAYMENT FOR ROAD CONSTRUCTION MATERIALS
44-5 DELIVERED BY VEHICLE EXCEEDING WEIGHT LIMITS. A state agency that
44-6 purchases road construction materials may pay for road construction
44-7 materials delivered in a vehicle that exceeds the maximum gross
44-8 weight authorized by law for the vehicle an amount computed using
44-9 the lesser of:
44-10 (1) the actual weight of the load; or
44-11 (2) the weight determined by subtracting the weight of
44-12 the vehicle from the sum of the maximum gross weight authorized by
44-13 law for the vehicle and the tolerance allowance set for the gross
44-14 weight of that vehicle by Subdivision 1, Section 6, Chapter 42,
44-15 General Laws, Acts of the 41st Legislature, 2nd Called Session,
44-16 1929 (Article 6701d-11, Vernon's Texas Civil Statutes). (V.A.C.S.
44-17 Art. 601b, Sec. 3.31.)
44-18 (Sections 2155.388-2155.440 reserved for expansion)
44-19 SUBCHAPTER H. PURCHASING PREFERENCES
44-20 Sec. 2155.441. PREFERENCE FOR PRODUCTS OF PERSONS WITH
44-21 MENTAL RETARDATION OR PHYSICAL DISABILITIES. The products of
44-22 workshops, organizations, or corporations whose primary purpose is
44-23 training and employing individuals having mental retardation or a
44-24 physical disability shall be given preference if they meet state
44-25 specifications regarding quantity, quality, and price. (V.A.C.S.
44-26 Art. 601b, Sec. 3.20.)
44-27 Sec. 2155.442. PREFERENCE FOR ENERGY EFFICIENT PRODUCTS.
45-1 The commission shall give preference to energy efficient products
45-2 in purchases made under this subtitle if:
45-3 (1) the products meet state specifications regarding
45-4 quantity and quality; and
45-5 (2) the cost of the product is equal to or less than
45-6 the cost of other similar products that are not energy efficient.
45-7 (V.A.C.S. Art. 601b, Sec. 3.202.)
45-8 Sec. 2155.443. PREFERENCE FOR RUBBERIZED ASPHALT PAVING.
45-9 The commission may give preference to rubberized asphalt paving
45-10 made from scrap tires by a facility in this state in purchases of
45-11 rubberized asphalt paving material if the cost as determined by a
45-12 life-cycle cost benefit analysis does not exceed by more than 15
45-13 percent the bid cost of alternative paving materials. (V.A.C.S.
45-14 Art. 601b, Sec. 3.211.)
45-15 Sec. 2155.444. PREFERENCE TO TEXAS AND UNITED STATES
45-16 PRODUCTS. (a) The commission and all state agencies making
45-17 purchases of goods, including agricultural products, shall give
45-18 preference to those produced or grown in this state or offered by
45-19 Texas bidders as follows:
45-20 (1) goods produced in this state or offered by Texas
45-21 bidders shall equally be given preference if the cost to the state
45-22 and quality are equal; and
45-23 (2) agricultural products grown in this state shall be
45-24 given first preference and agricultural products offered by Texas
45-25 bidders shall be given second preference, if the cost to the state
45-26 and quality are equal.
45-27 (b) If goods, including agricultural products, produced or
46-1 grown in this state or offered by Texas bidders are not equal in
46-2 cost and quality to other products, then goods, including
46-3 agricultural products, produced or grown in other states of the
46-4 United States shall be given preference over foreign products if
46-5 the cost to the state and quality are equal.
46-6 (c) In this section, "agricultural products" includes
46-7 textiles and other similar products. (V.A.C.S. Art. 601b,
46-8 Sec. 3.28.)
46-9 Sec. 2155.445. PREFERENCE FOR RECYCLED PRODUCTS. (a) The
46-10 commission and state agencies shall give preference to a product
46-11 made of recycled materials in purchases made under this subtitle if
46-12 the product meets state specifications regarding quantity and
46-13 quality.
46-14 (b) The commission regularly shall review and revise its
46-15 procurement procedures and specifications for the purchase of goods
46-16 to:
46-17 (1) eliminate procedures and specifications that
46-18 explicitly discriminate against products made of recycled
46-19 materials; and
46-20 (2) encourage the use of products made of recycled
46-21 materials.
46-22 (c) In developing new procedures and specifications, the
46-23 commission shall encourage the use of recycled products and
46-24 products that may be recycled or reused. (V.A.C.S. Art. 601b,
46-25 Sec. 3.212.)
46-26 Sec. 2155.446. PURCHASE AND USE OF PAPER CONTAINING RECYCLED
46-27 FIBERS. (a) The commission shall contract for paper containing
47-1 the highest proportion of recycled fibers for all purposes for
47-2 which paper with recycled fibers may be used and to the extent that
47-3 the paper is available at a reasonable price through normal
47-4 commercial sources to supply the state's needs.
47-5 (b) A state agency that purchases through the commission
47-6 shall place orders for papers containing recycled fibers to the
47-7 highest extent of its needs and to the extent that the paper is
47-8 available through the commission's purchasing procedures.
47-9 (V.A.C.S. Art. 601b, Sec. 3.21.)
47-10 Sec. 2155.447. PURCHASE OF RECYCLED OIL. The commission,
47-11 all state agencies, and all state agency employees who purchase
47-12 motor oil and other automotive lubricants for state-owned vehicles
47-13 shall give preference to motor oils and lubricants that contain at
47-14 least 25 percent recycled oil if the cost to the state and the
47-15 quality are comparable to those of new oil and lubricants.
47-16 (V.A.C.S. Art. 601b, Sec. 3.291.)
47-17 Sec. 2155.448. EXPENDITURES FOR RECYCLED MATERIALS. (a) A
47-18 state agency shall spend not less than eight percent of its
47-19 consumable procurement budget for each fiscal year for goods that
47-20 have recycled material content or that are remanufactured or
47-21 environmentally sensitive, as those terms are defined by the
47-22 commission.
47-23 (b) Not later than January 1 of each year, a state agency
47-24 shall deliver a report of the total expenditures in the areas
47-25 subject to Subsection (a) and the amount spent in each category for
47-26 the previous fiscal year to the:
47-27 (1) governor;
48-1 (2) lieutenant governor;
48-2 (3) speaker of the house of representatives; and
48-3 (4) Legislative Budget Board. (V.A.C.S. Art. 601b,
48-4 Sec. 3.33, as added Ch. 899, Acts 73rd Leg., R.S., 1993.)
48-5 CHAPTER 2156. PURCHASING METHODS
48-6 SUBCHAPTER A. CONTRACT PURCHASE PROCEDURE
48-7 Sec. 2156.001. CONTRACT PURCHASE PROCEDURE AUTHORIZED
48-8 Sec. 2156.002. SOLICITATION OF BIDS THROUGH PUBLIC
48-9 NOTICE
48-10 Sec. 2156.003. SOLICITATION OF BIDS THROUGH BIDDERS LIST;
48-11 BID INVITATIONS
48-12 Sec. 2156.004. BID DEPOSIT
48-13 Sec. 2156.005. BID SUBMISSION AND OPENING; PUBLIC
48-14 INSPECTION
48-15 Sec. 2156.006. SUBMISSION OF ADDITIONAL MATERIAL WITH
48-16 BID
48-17 Sec. 2156.007. CONTRACT AWARD
48-18 Sec. 2156.008. REJECTION OF BIDS
48-19 Sec. 2156.009. REASONS FOR AWARD
48-20 Sec. 2156.010. TIE BIDS
48-21 Sec. 2156.011. PERFORMANCE BOND
48-22 (Sections 2156.012-2156.060 reserved for expansion)
48-23 SUBCHAPTER B. OPEN MARKET PURCHASE PROCEDURE
48-24 Sec. 2156.061. USE OF OPEN MARKET PURCHASE PROCEDURE
48-25 AUTHORIZED; USE OF PROCEDURE
48-26 Sec. 2156.062. MINIMUM NUMBER AND EVALUATION OF BIDS
48-27 Sec. 2156.063. SOLICITATION OF BIDS
49-1 Sec. 2156.064. RECORDING AND INSPECTION OF BIDS
49-2 Sec. 2156.065. AGENCY REVIEW OF BIDS
49-3 Sec. 2156.066. STATEMENT OF REASONS FOR AWARD
49-4 (Sections 2156.067-2156.120 reserved for expansion)
49-5 SUBCHAPTER C. COMPETITIVE SEALED PROPOSALS
49-6 FOR ACQUISITION OF CERTAIN GOODS AND SERVICES
49-7 Sec. 2156.121. ELIGIBLE ACQUISITIONS
49-8 Sec. 2156.122. PURCHASE AUTHORITY LIMITED TO
49-9 COMMISSION
49-10 Sec. 2156.123. DETERMINATION REGARDING COMPETITIVE
49-11 BIDDING
49-12 Sec. 2156.124. SOLICITATION OF PROPOSALS
49-13 Sec. 2156.125. DEVELOPMENT OF SPECIFICATIONS
49-14 Sec. 2156.126. OPENING AND FILING OF PROPOSALS; PUBLIC
49-15 INSPECTION
49-16 Sec. 2156.127. DISCUSSION AND REVISION OF PROPOSALS
49-17 Sec. 2156.128. CONTRACT AWARD
49-18 Sec. 2156.129. ADOPTION OF RULES; STATE AGENCY
49-19 ASSISTANCE
49-20 Sec. 2156.130. COMPETITIVE SEALED PROPOSALS FOR
49-21 TELECOMMUNICATIONS AND AUTOMATED
49-22 INFORMATION SYSTEMS NOT AFFECTED
49-23 CHAPTER 2156. PURCHASING METHODS
49-24 SUBCHAPTER A. CONTRACT PURCHASE PROCEDURE
49-25 Sec. 2156.001. CONTRACT PURCHASE PROCEDURE AUTHORIZED. The
49-26 commission may use the contract purchase procedure to purchase
49-27 goods and services. (V.A.C.S. Art. 601b, Sec. 3.10(a) (part).)
50-1 Sec. 2156.002. SOLICITATION OF BIDS THROUGH PUBLIC NOTICE.
50-2 (a) A notice inviting bids shall be published at least once in at
50-3 least one newspaper of general circulation in the state not later
50-4 than the seventh day before the last day set for the receipt of
50-5 bids.
50-6 (b) The notice must:
50-7 (1) include a general description of the items to be
50-8 purchased;
50-9 (2) state the location at which bid forms and
50-10 specifications may be obtained; and
50-11 (3) state the time and place for opening bids.
50-12 (V.A.C.S. Art. 601b, Sec. 3.11(a).)
50-13 Sec. 2156.003. SOLICITATION OF BIDS THROUGH BIDDERS LIST;
50-14 BID INVITATIONS. (a) The commission shall maintain a bidders list
50-15 and add or delete names from the list according to applicable
50-16 standards provided by Section 2156.007.
50-17 (b) An invitation to bid on an item to be purchased may be
50-18 sent only to a vendor on the bidders list who has expressed a
50-19 desire to bid on that type of item.
50-20 (c) The commission may use the bidders list in making a
50-21 purchase by any purchase method. (V.A.C.S. Art. 601b, Sec.
50-22 3.11(b).)
50-23 Sec. 2156.004. BID DEPOSIT. (a) The commission, as
50-24 considered necessary, may require a bid deposit in an amount
50-25 determined by the commission. The amount of the deposit, if any,
50-26 must be stated in the public notice and the invitation to bid.
50-27 (b) The commission, with the cooperation of the state
51-1 auditor, shall establish and maintain a record of each bid deposit
51-2 and its disposition.
51-3 (c) On the award of a bid or the rejection of all bids, the
51-4 commission shall refund the bid deposit of an unsuccessful bidder.
51-5 (d) The commission may accept from a bidder a bid deposit in
51-6 the form of a blanket bond. (V.A.C.S. Art. 601b, Sec. 3.11(c).)
51-7 Sec. 2156.005. BID SUBMISSION AND OPENING; PUBLIC
51-8 INSPECTION. (a) A bidder must submit a sealed bid to the
51-9 commission. The bid must be identified on the envelope as a bid.
51-10 (b) The commission shall open bids at the time and place
51-11 stated in the invitation to bid.
51-12 (c) The state auditor or a member of the state auditor's
51-13 staff may be present at a bid opening.
51-14 (d) The commission shall keep a tabulation of all bids
51-15 received available for public inspection under rules adopted by the
51-16 commission. (V.A.C.S. Art. 601b, Sec. 3.11(d).)
51-17 Sec. 2156.006. SUBMISSION OF ADDITIONAL MATERIAL WITH BID.
51-18 (a) A bidder as an essential element of the materiality of the bid
51-19 must comply with the specified time limit for the submission of
51-20 written information, samples, or models at or before the time for
51-21 bid opening.
51-22 (b) The commission may waive this requirement if the failure
51-23 to comply is beyond the bidder's control. (V.A.C.S. Art. 601b,
51-24 Sec. 3.11(e) (part).)
51-25 Sec. 2156.007. CONTRACT AWARD. (a) The commission shall
51-26 award a contract to the bidder submitting the lowest and best bid
51-27 conforming to the specifications required.
52-1 (b) In determining the lowest and best bidder, the
52-2 commission may consider the safety record of the bidder, the entity
52-3 represented by the bidder, and any person acting for the
52-4 represented entity only if:
52-5 (1) the commission has adopted a written definition
52-6 and criteria for accurately determining the safety record of a
52-7 bidder; and
52-8 (2) the commission gave notice in the bid
52-9 specifications to prospective bidders that a bidder's safety record
52-10 may be considered in determining the lowest and best bidder.
52-11 (c) A determination of a bidder's safety record may not be
52-12 arbitrary and capricious.
52-13 (d) In determining the lowest and best bidder, in addition
52-14 to price the commission shall consider:
52-15 (1) the quality and availability of the goods or
52-16 contractual services and their adaptability to the use required;
52-17 (2) the number and scope of conditions attached to the
52-18 bid;
52-19 (3) the bidder's ability, capacity, and skill to
52-20 perform the contract or provide the service required;
52-21 (4) the bidder's ability to perform the contract or
52-22 provide the service promptly, or in the time required, without
52-23 delay or interference;
52-24 (5) the bidder's character, responsibility, integrity,
52-25 reputation, and experience;
52-26 (6) the quality of performance of previous contracts
52-27 or services;
53-1 (7) the bidder's previous and existing compliance with
53-2 laws relating to the contract or service;
53-3 (8) the bidder's previous or existing noncompliance
53-4 with specification requirements relating to the time of submission
53-5 of specified information, including samples, models, drawings, or
53-6 certificates;
53-7 (9) the sufficiency of the bidder's financial
53-8 resources and ability to perform the contract or provide the
53-9 service; and
53-10 (10) the bidder's ability to provide future
53-11 maintenance, repair parts, and service for the use of the
53-12 contract's subject. (V.A.C.S. Art. 601b, Secs. 3.11(e) (part), (f)
53-13 (part).)
53-14 Sec. 2156.008. REJECTION OF BIDS. (a) The commission shall
53-15 reject a bid in which there is a material failure to comply with
53-16 specification requirements.
53-17 (b) The commission may reject all bids or parts of bids if
53-18 the rejection serves the state's interest. (V.A.C.S. Art. 601b,
53-19 Sec. 3.11(f) (part).)
53-20 Sec. 2156.009. REASONS FOR AWARD. On award of a contract,
53-21 the division of the commission responsible for purchasing shall
53-22 prepare and file with other records relating to the transaction a
53-23 statement of the reasons for making the award to the successful
53-24 bidder and the factors considered in determining the lowest and
53-25 best bid. (V.A.C.S. Art. 601b, Sec. 3.11(g).)
53-26 Sec. 2156.010. TIE BIDS. In the case of tie bids, quality
53-27 and service being equal, a contract shall be awarded under
54-1 commission rules. (V.A.C.S. Art. 601b, Sec. 3.11(h).)
54-2 Sec. 2156.011. PERFORMANCE BOND. (a) The commission may
54-3 require a performance bond before executing a contract.
54-4 (b) The commission may require the bond in an amount that
54-5 the commission finds reasonable and necessary to protect the
54-6 state's interests.
54-7 (c) Any bond required shall be issued on the condition that
54-8 the bidder faithfully execute the terms of the contract.
54-9 (d) Any bond required shall be filed with the commission.
54-10 (e) Recoveries under the bond may continue until the bond is
54-11 exhausted. (V.A.C.S. Art. 601b, Sec. 3.11(i).)
54-12 (Sections 2156.012-2156.060 reserved for expansion)
54-13 SUBCHAPTER B. OPEN MARKET PURCHASE PROCEDURE
54-14 Sec. 2156.061. USE OF OPEN MARKET PURCHASE PROCEDURE
54-15 AUTHORIZED; USE OF PROCEDURE. On a commission determination that a
54-16 purchase of goods or services may be made most effectively in the
54-17 open market, the commission may use the open market purchase
54-18 procedure and the purchase may be made without newspaper
54-19 advertising. (V.A.C.S. Art. 601b, Secs. 3.10(a) (part), 3.12(a).)
54-20 Sec. 2156.062. MINIMUM NUMBER AND EVALUATION OF BIDS. An
54-21 open market purchase shall, to the extent possible, be:
54-22 (1) based on at least three competitive bids; and
54-23 (2) awarded to the lowest and best bidder in
54-24 accordance with standards set forth in Chapters 2155-2158.
54-25 (V.A.C.S. Art. 601b, Sec. 3.12(b).)
54-26 Sec. 2156.063. SOLICITATION OF BIDS. The commission shall
54-27 solicit bids under this subchapter by direct mail, telephone, or
55-1 telegraph. (V.A.C.S. Art. 601b, Sec. 3.12(c).)
55-2 Sec. 2156.064. RECORDING AND INSPECTION OF BIDS. (a) The
55-3 commission shall keep a record of all open market orders and bids
55-4 submitted on the orders.
55-5 (b) A tabulation of the bids shall be open for public
55-6 inspection, under rules established by the commission.
55-7 (c) A tabulation of the bids shall always be open for
55-8 inspection by the state auditor or the auditor's representative.
55-9 (V.A.C.S. Art. 601b, Sec. 3.12(d).)
55-10 Sec. 2156.065. AGENCY REVIEW OF BIDS. (a) On the request
55-11 of a state agency to review the bids on a purchase, the commission
55-12 shall send or make available to the requesting agency copies of
55-13 each bid received and the commission's recommended award.
55-14 (b) If, after review of the bids and evaluation of the
55-15 quality of goods or services offered in the bids, the state agency
55-16 determines that the bid selected by the commission is not the
55-17 lowest and best bid, the agency may file with the commission a
55-18 written recommendation that the award be made to the bidder who,
55-19 according to the agency's determination, made the lowest and best
55-20 bid. The agency recommendation must include a justification of the
55-21 agency's determination.
55-22 (c) The commission shall consider, but is not bound by, the
55-23 agency recommendation in making the award. (V.A.C.S. Art. 601b,
55-24 Sec. 3.12(e).)
55-25 Sec. 2156.066. STATEMENT OF REASONS FOR AWARD. The division
55-26 of the commission responsible for purchasing shall prepare and file
55-27 with other records relating to a transaction under this subchapter
56-1 a statement of the reasons for placing an order with a successful
56-2 bidder for the transaction and the factors considered in
56-3 determining the lowest and best bid for the transaction. (V.A.C.S.
56-4 Art. 601b, Sec. 3.12(f).)
56-5 (Sections 2156.067-2156.120 reserved for expansion)
56-6 SUBCHAPTER C. COMPETITIVE SEALED PROPOSALS FOR
56-7 ACQUISITION OF CERTAIN GOODS AND SERVICES
56-8 Sec. 2156.121. ELIGIBLE ACQUISITIONS. The commission may
56-9 follow a procedure using competitive sealed proposals to acquire:
56-10 (1) goods having an acquisition cost of $1 million or
56-11 more; or
56-12 (2) routine services having an acquisition cost of
56-13 $100,000 or more. (V.A.C.S. Art. 601b, Sec. 3.0221(a).)
56-14 Sec. 2156.122. PURCHASE AUTHORITY LIMITED TO COMMISSION.
56-15 Only the commission may use competitive sealed proposals under this
56-16 subchapter to acquire goods or services. The commission may not
56-17 delegate this authority to a state agency. (V.A.C.S. Art. 601b,
56-18 Sec. 3.0221(b).)
56-19 Sec. 2156.123. DETERMINATION REGARDING COMPETITIVE BIDDING.
56-20 To acquire goods or services under this subchapter, the commission
56-21 must first determine in an open meeting that competitive sealed
56-22 bidding and informal competitive bidding are not practical or are
56-23 disadvantageous to the state. (V.A.C.S. Art. 601b, Sec.
56-24 3.0221(c).)
56-25 Sec. 2156.124. SOLICITATION OF PROPOSALS. The commission
56-26 shall:
56-27 (1) solicit proposals under this subchapter by a
57-1 request for proposals; and
57-2 (2) give public notice of a request for proposals in
57-3 the manner provided for requests for bids under Subchapter B.
57-4 (V.A.C.S. Art. 601b, Sec. 3.0221(d).)
57-5 Sec. 2156.125. DEVELOPMENT OF SPECIFICATIONS. The
57-6 commission shall consult with the appropriate personnel of a
57-7 requisitioning agency to develop the specifications for a request
57-8 for proposals under this subchapter. (V.A.C.S. Art. 601b, Sec.
57-9 3.0221(e).)
57-10 Sec. 2156.126. OPENING AND FILING OF PROPOSALS; PUBLIC
57-11 INSPECTION. (a) The commission shall avoid disclosing the
57-12 contents of each proposal on opening the proposal and during
57-13 negotiations with competing offerors.
57-14 (b) The commission shall file each proposal in a register of
57-15 proposals, which, after a contract is awarded, is open for public
57-16 inspection unless the register contains information that is
57-17 excepted from disclosure as an open record under Subchapter C,
57-18 Chapter 552. (V.A.C.S. Art. 601b, Sec. 3.0221(f).)
57-19 Sec. 2156.127. DISCUSSION AND REVISION OF PROPOSALS. (a)
57-20 As provided in a request for proposals and under rules adopted by
57-21 the commission, the commission may discuss acceptable or
57-22 potentially acceptable proposals with offerors to assess an
57-23 offeror's ability to meet the solicitation requirements and shall
57-24 invite a requisitioning agency to participate in discussions
57-25 conducted under this section.
57-26 (b) After receiving a proposal but before making an award,
57-27 the commission may permit the offeror to revise the proposal to
58-1 obtain the best final offer.
58-2 (c) The commission may not disclose information derived from
58-3 proposals submitted from competing offerors in conducting
58-4 discussions under this section.
58-5 (d) The commission shall provide each offeror an equal
58-6 opportunity to discuss and revise proposals. (V.A.C.S. Art. 601b,
58-7 Secs. 3.0221(g), (h).)
58-8 Sec. 2156.128. CONTRACT AWARD. (a) The commission shall
58-9 make a written award of a contract to the offeror whose proposal is
58-10 the most advantageous to the state, considering price and the
58-11 evaluation factors in the request for proposals.
58-12 (b) The commission shall refuse all offers if none of the
58-13 offers submitted is acceptable.
58-14 (c) The commission shall state in writing in the contract
58-15 file the reasons for making an award. (V.A.C.S. Art. 601b, Sec.
58-16 3.0221(i).)
58-17 Sec. 2156.129. ADOPTION OF RULES; STATE AGENCY ASSISTANCE.
58-18 The commission may adopt rules and request assistance from other
58-19 state agencies to perform its responsibilities under this
58-20 subchapter. (V.A.C.S. Art. 601b, Sec. 3.0221(j).)
58-21 Sec. 2156.130. COMPETITIVE SEALED PROPOSALS FOR
58-22 TELECOMMUNICATIONS AND AUTOMATED INFORMATION SYSTEMS NOT AFFECTED.
58-23 This subchapter does not affect Subchapter C, Chapter 2157.
58-24 (V.A.C.S. Art. 601b, Sec. 3.0221(k).)
58-25 CHAPTER 2157. PURCHASING: PURCHASE OF AUTOMATED
58-26 INFORMATION SYSTEMS
58-27 SUBCHAPTER A. GENERAL PROVISIONS
59-1 Sec. 2157.001. DEFINITIONS
59-2 Sec. 2157.002. APPLICABILITY
59-3 Sec. 2157.003. DETERMINING BEST VALUE
59-4 Sec. 2157.004. TRANSFERS AND LOANS
59-5 (Sections 2157.005-2157.060 reserved for expansion)
59-6 SUBCHAPTER B. CATALOGUE PURCHASE METHOD
59-7 Sec. 2157.061. USE OF CATALOGUE PURCHASE METHOD REQUIRED
59-8 UNLESS BEST VALUE AVAILABLE
59-9 ELSEWHERE
59-10 Sec. 2157.062. APPLICATION PROCESS FOR QUALIFICATION AS
59-11 VENDOR
59-12 Sec. 2157.063. DIRECT PURCHASE OR LEASE BY STATE AGENCY;
59-13 NEGOTIATION OF ADDITIONAL TERMS
59-14 Sec. 2157.064. REGIONAL AND STATEWIDE QUALIFICATION OF
59-15 VENDORS
59-16 Sec. 2157.065. STANDARDS AND CRITERIA FOR QUALIFICATION
59-17 OF VENDORS
59-18 Sec. 2157.066. CATALOGUE REQUIREMENTS
59-19 Sec. 2157.067. CATALOGUE PURCHASING AVAILABLE TO CERTAIN
59-20 LOCAL GOVERNMENTS
59-21 (Sections 2157.068-2157.120 reserved for expansion)
59-22 SUBCHAPTER C. REQUESTS FOR PROPOSALS PURCHASE METHOD
59-23 Sec. 2157.121. ACQUISITION THROUGH COMPETITIVE SEALED
59-24 PROPOSALS
59-25 Sec. 2157.122. SOLICITATION OF PROPOSALS; PUBLIC
59-26 NOTICE
59-27 Sec. 2157.123. OPENING AND FILING PROPOSALS; PUBLIC
60-1 INSPECTION
60-2 Sec. 2157.124. DISCUSSION AND REVISION OF PROPOSAL
60-3 Sec. 2157.125. CONTRACT AWARD; FACTORS CONSIDERED
60-4 Sec. 2157.126. RULES
60-5 (Sections 2157.127-2157.180 reserved for expansion)
60-6 SUBCHAPTER D. PREAPPROVED CONTRACT TERMS AND CONDITIONS
60-7 Sec. 2157.181. PREAPPROVED CONTRACT TERMS AND
60-8 CONDITIONS
60-9 Sec. 2157.182. VALIDITY OF PREAPPROVED TERMS AND
60-10 CONDITIONS; RENEGOTIATION
60-11 Sec. 2157.183. PREAPPROVED TERM OR CONDITION PART OF
60-12 CONTRACT; CHANGE OF TERM OR
60-13 CONDITION
60-14 Sec. 2157.184. NOTIFICATION OF STATE AGENCIES AND
60-15 VENDORS
60-16 CHAPTER 2157. PURCHASING: PURCHASE OF AUTOMATED
60-17 INFORMATION SYSTEMS
60-18 SUBCHAPTER A. GENERAL PROVISIONS
60-19 Sec. 2157.001. DEFINITIONS. In this chapter:
60-20 (1) "Automated information system" includes:
60-21 (A) the computers on which the information
60-22 system is automated;
60-23 (B) a service related to the automation of the
60-24 system, including computer software, or the computers; and
60-25 (C) a telecommunications apparatus or device
60-26 that serves as a component of a voice, data, or video
60-27 communications network for transmitting, switching, routing,
61-1 multiplexing, modulating, amplifying, or receiving signals on the
61-2 network.
61-3 (2) "Qualified information systems vendor" means a
61-4 manufacturer or reseller of an automated information system who is
61-5 authorized by the commission to publish a catalogue of products and
61-6 services that may be directly purchased by a state agency.
61-7 (V.A.C.S. Art. 601b, Secs. 1.02(4), (6).)
61-8 Sec. 2157.002. APPLICABILITY. Subchapters A, B, and D apply
61-9 only to a state agency to which Chapter 2054 applies. (New.)
61-10 Sec. 2157.003. DETERMINING BEST VALUE. "Best value" means
61-11 the lowest overall cost of an automated information system. In
61-12 determining the lowest overall cost for a purchase or lease of an
61-13 automated information system under this chapter, the commission or
61-14 a state agency shall consider factors including:
61-15 (1) the purchase price;
61-16 (2) the compatibility to facilitate the exchange of
61-17 existing data;
61-18 (3) the capacity for expanding and upgrading to more
61-19 advanced levels of technology;
61-20 (4) quantitative reliability factors;
61-21 (5) the level of training required to bring persons
61-22 using the system to a stated level of proficiency;
61-23 (6) the technical support requirements for the
61-24 maintenance of data across a network platform and the management of
61-25 the network's hardware and software; and
61-26 (7) the compliance with applicable Department of
61-27 Information Resources statewide standards validated by criteria
62-1 adopted by the department by rule. (V.A.C.S. Art. 601b, Sec.
62-2 1.02(5).)
62-3 Sec. 2157.004. TRANSFERS AND LOANS. A state agency that
62-4 acquires a telecommunications device, system, or service or an
62-5 automated information system by interagency transfer, contract, or
62-6 loan, or by public loan, shall comply with the requirements of
62-7 Chapter 2054. (V.A.C.S. Art. 601b, Sec. 3.023.)
62-8 (Sections 2157.005-2157.060 reserved for expansion)
62-9 SUBCHAPTER B. CATALOGUE PURCHASE METHOD
62-10 Sec. 2157.061. USE OF CATALOGUE PURCHASE METHOD REQUIRED
62-11 UNLESS BEST VALUE AVAILABLE ELSEWHERE. The commission or a state
62-12 agency shall purchase an automated information system through the
62-13 catalogue procedure provided by this subchapter unless the
62-14 commission or state agency determines that the best value may be
62-15 obtained from another purchase method authorized by this subtitle.
62-16 (V.A.C.S. Art. 601b, Sec. 3.081(f).)
62-17 Sec. 2157.062. APPLICATION PROCESS FOR QUALIFICATION AS
62-18 VENDOR. (a) To sell or lease an automated information system
62-19 under this subchapter to a state agency, a vendor must apply to the
62-20 commission for designation as a qualified information systems
62-21 vendor. The commission shall prescribe the application process.
62-22 (b) At a minimum, the commission shall require an applicant
62-23 to submit:
62-24 (1) a catalogue containing each product and service
62-25 eligible for purchase by a state agency, including for each product
62-26 or service:
62-27 (A) a description;
63-1 (B) the list price; and
63-2 (C) the price to a state agency;
63-3 (2) a maintenance, repair, and support plan for each
63-4 eligible product or service;
63-5 (3) proof of the applicant's financial resources and
63-6 ability to perform; and
63-7 (4) a guarantee that the vendor will make available
63-8 equivalent replacement parts for a product sold to the state until
63-9 at least the third anniversary of the date the product is
63-10 discontinued. (V.A.C.S. Art. 601b, Sec. 3.081(a).)
63-11 Sec. 2157.063. DIRECT PURCHASE OR LEASE BY STATE AGENCY;
63-12 NEGOTIATION OF ADDITIONAL TERMS. (a) If a purchase or lease is
63-13 the best value available and is in the state's best interest, a
63-14 state agency may under this subchapter purchase or lease an
63-15 automated information system directly from a qualified information
63-16 systems vendor and may negotiate additional terms and conditions to
63-17 be included in a contract relating to the purchase or lease.
63-18 (b) In determining which goods or services are in the
63-19 state's best interest, the agency shall consider:
63-20 (1) the installation and hardware costs;
63-21 (2) the overall life-cycle cost of the system or
63-22 equipment;
63-23 (3) the estimated cost of employee training and
63-24 estimated increase in employee productivity;
63-25 (4) the estimated software and maintenance costs; and
63-26 (5) the rules that prescribe applicable statewide
63-27 standards adopted by the Department of Information Resources.
64-1 (V.A.C.S. Art. 601b, Sec. 3.081(d).)
64-2 Sec. 2157.064. REGIONAL AND STATEWIDE QUALIFICATION OF
64-3 VENDORS. (a) The commission shall establish standards and
64-4 criteria for determining regional and statewide qualification of
64-5 vendors under this subchapter.
64-6 (b) On qualification by the commission, a vendor remains
64-7 qualified under this subchapter unless the commission determines
64-8 that the vendor does not meet the standards and criteria provided
64-9 by this subchapter.
64-10 (c) An applicant designated by the commission as a regional
64-11 qualified information systems vendor may sell a product or service
64-12 listed by the vendor's catalogue directly to a state agency within
64-13 a region defined by the commission.
64-14 (d) An applicant designated by the commission as a statewide
64-15 qualified information systems vendor may sell a product or service
64-16 listed by the vendor's catalogue directly to a state agency.
64-17 (V.A.C.S. Art. 601b, Sec. 3.081(b) (part), as added Chs. 684, 906,
64-18 Acts 73rd Leg., R.S., 1993.)
64-19 Sec. 2157.065. STANDARDS AND CRITERIA FOR QUALIFICATION OF
64-20 VENDORS. In establishing standards and criteria for qualification
64-21 of vendors under this subchapter, the commission shall consider:
64-22 (1) a vendor's ability to provide adequate and
64-23 reliable support and maintenance;
64-24 (2) a vendor's ability to provide adequate and
64-25 reliable support and maintenance in the future;
64-26 (3) the technical adequacy and reliability of a
64-27 vendor's products; and
65-1 (4) standards adopted by the Department of Information
65-2 Resources. (V.A.C.S. Art. 601b, Sec. 3.081(b) (part), as added
65-3 Chs. 684, 906, Acts 73rd Leg., R.S., 1993.)
65-4 Sec. 2157.066. CATALOGUE REQUIREMENTS. (a) A vendor
65-5 designated by the commission as a qualified information systems
65-6 vendor shall publish and maintain a catalogue described by Section
65-7 2157.062(b)(1).
65-8 (b) The vendor shall revise the catalogue as necessary to
65-9 include price changes or the availability of goods or services and
65-10 shall forward to the commission and all eligible purchasers a copy
65-11 of each revised catalogue. (V.A.C.S. Art. 601b, Sec. 3.081(c).)
65-12 Sec. 2157.067. CATALOGUE PURCHASING AVAILABLE TO CERTAIN
65-13 LOCAL GOVERNMENTS. (a) The commission shall make the catalogue
65-14 purchasing procedure available to a local government that qualifies
65-15 for cooperative purchasing under Sections 271.082 and 271.083,
65-16 Local Government Code.
65-17 (b) In this section, "local government" has the meaning
65-18 assigned by Section 271.081, Local Government Code. (V.A.C.S.
65-19 Art. 601b, Sec. 3.081(g).)
65-20 (Sections 2157.068-2157.120 reserved for expansion)
65-21 SUBCHAPTER C. REQUESTS FOR PROPOSALS PURCHASE METHOD
65-22 Sec. 2157.121. ACQUISITION THROUGH COMPETITIVE SEALED
65-23 PROPOSALS. The commission may acquire a telecommunications device,
65-24 system, or service or an automated information system by using
65-25 competitive sealed proposals if the commission determines by rule
65-26 that competitive sealed bidding and informal competitive bidding
65-27 are not practical or are disadvantageous to the state. (V.A.C.S.
66-1 Art. 601b, Sec. 3.022(a) (part).)
66-2 Sec. 2157.122. SOLICITATION OF PROPOSALS; PUBLIC NOTICE.
66-3 The commission shall:
66-4 (1) solicit proposals under this subchapter by a
66-5 request for proposals; and
66-6 (2) give public notice of the request in the manner
66-7 provided for requests for bids under Subchapter B, Chapter 2156.
66-8 (V.A.C.S. Art. 601b, Sec. 3.022(b).)
66-9 Sec. 2157.123. OPENING AND FILING PROPOSALS; PUBLIC
66-10 INSPECTION. (a) The commission shall avoid disclosing the
66-11 contents of each proposal on opening the proposal and during
66-12 negotiations with competing offerors.
66-13 (b) The commission shall file each proposal in a register of
66-14 proposals, which, after a contract is awarded, is open for public
66-15 inspection unless the register contains information that is
66-16 excepted from disclosure as an open record under Subchapter C,
66-17 Chapter 552. (V.A.C.S. Art. 601b, Sec. 3.022(c).)
66-18 Sec. 2157.124. DISCUSSION AND REVISION OF PROPOSAL. (a) As
66-19 provided by a request for proposals and under commission rules, the
66-20 commission may discuss an acceptable or potentially acceptable
66-21 proposal with an offeror to assess the offeror's ability to meet
66-22 the solicitation requirements and shall invite a requisitioning
66-23 agency to participate in discussions conducted under this section.
66-24 (b) After receiving a proposal but before making an award,
66-25 the commission may permit an offeror to revise a proposal to obtain
66-26 the best final offer.
66-27 (c) The commission may not disclose information derived from
67-1 a proposal submitted by a competing offeror in conducting
67-2 discussions under this section.
67-3 (d) The commission shall provide each offeror an equal
67-4 opportunity to discuss and revise proposals. (V.A.C.S. Art. 601b,
67-5 Secs. 3.022(d), (e).)
67-6 Sec. 2157.125. CONTRACT AWARD; FACTORS CONSIDERED. (a) The
67-7 commission shall make a written award of a purchase or lease to the
67-8 offeror whose proposal under this subchapter is the most
67-9 advantageous to the state, considering price and the evaluation
67-10 factors in the request for proposals.
67-11 (b) The commission shall refuse all offers if no offer
67-12 submitted is acceptable.
67-13 (c) In determining whether a proposal under this subchapter
67-14 is most advantageous to the state, the commission shall consider
67-15 factors including:
67-16 (1) the installation cost;
67-17 (2) the overall life of the system or equipment;
67-18 (3) the cost of acquisition, operation, and
67-19 maintenance of hardware included with, associated with, or required
67-20 for the system or equipment during the state's ownership or lease;
67-21 (4) the cost of acquisition, operation, and
67-22 maintenance of software included with, associated with, or required
67-23 for the system or equipment during the state's ownership or lease;
67-24 (5) the estimated cost of supplies;
67-25 (6) the estimated cost of employee training;
67-26 (7) the estimated cost of necessary additional
67-27 permanent employees; and
68-1 (8) the estimated increase in employee productivity.
68-2 (d) The commission shall state in writing in the contract
68-3 file the reasons for making an award. (V.A.C.S. Art. 601b, Sec.
68-4 3.022(f).)
68-5 Sec. 2157.126. RULES. The commission shall adopt rules
68-6 necessary or convenient to perform its responsibilities regarding
68-7 requests for proposals under this subchapter and shall request
68-8 assistance from other state agencies as needed. (V.A.C.S.
68-9 Art. 601b, Sec. 3.022(g).)
68-10 (Sections 2157.127-2157.180 reserved for expansion)
68-11 SUBCHAPTER D. PREAPPROVED CONTRACT TERMS AND CONDITIONS
68-12 Sec. 2157.181. PREAPPROVED CONTRACT TERMS AND CONDITIONS.
68-13 (a) The commission, with the concurrence of the Department of
68-14 Information Resources, may negotiate with vendors preapproved terms
68-15 and conditions to be included in contracts relating to the purchase
68-16 or lease of a telecommunication device, system, or service, or an
68-17 automated information system awarded to a vendor by a state agency.
68-18 (b) The commission and the department must agree to the
68-19 wording of preapproved terms and conditions negotiated with a
68-20 vendor. (V.A.C.S. Art. 601b, Sec. 3.024(a).)
68-21 Sec. 2157.182. VALIDITY OF PREAPPROVED TERMS AND CONDITIONS;
68-22 RENEGOTIATION. (a) Preapproved terms and conditions to which a
68-23 vendor, the commission, and the Department of Information Resources
68-24 agree are valid for two years after the date of the agreement and
68-25 must provide that the terms and conditions are to be renegotiated
68-26 before the end of the two years.
68-27 (b) The commission and the Department of Information
69-1 Resources jointly shall establish procedures to ensure that terms
69-2 and conditions are renegotiated before they expire in a contract
69-3 between the vendor and a state agency. (V.A.C.S. Art. 601b, Sec.
69-4 3.024(b).)
69-5 Sec. 2157.183. PREAPPROVED TERM OR CONDITION PART OF
69-6 CONTRACT; CHANGE OF TERM OR CONDITION. (a) Preapproved terms and
69-7 conditions must be part of any contract between a state agency and
69-8 a vendor that has agreed to them.
69-9 (b) A preapproved term or condition that is changed remains
69-10 valid for an existing contract of which it is part but must be
69-11 renegotiated before it may be part of another or a renewed
69-12 contract. (V.A.C.S. Art. 601b, Sec. 3.024(c).)
69-13 Sec. 2157.184. NOTIFICATION OF STATE AGENCIES AND VENDORS.
69-14 The commission and the Department of Information Resources jointly
69-15 shall establish procedures to notify state agencies and potential
69-16 vendors of the provisions of this subchapter regarding preapproved
69-17 terms and conditions. (V.A.C.S. Art. 601b, Sec. 3.024(d).)
69-18 CHAPTER 2158. PURCHASING: MISCELLANEOUS PROVISIONS FOR
69-19 PURCHASE OF CERTAIN GOODS AND SERVICES
69-20 SUBCHAPTER A. PURCHASE OF PASSENGER VEHICLES
69-21 Sec. 2158.001. WHEELBASE AND HORSEPOWER RESTRICTIONS
69-22 Sec. 2158.002. VEHICLES USING ALTERNATIVE FUELS
69-23 Sec. 2158.003. PERCENTAGE REQUIREMENTS FOR VEHICLES
69-24 CAPABLE OF USING ALTERNATIVE FUELS;
69-25 PROGRAM REVIEW
69-26 Sec. 2158.004. DETERMINATION OF ALTERNATIVE FUELS
69-27 PROGRAM PARAMETERS
70-1 Sec. 2158.005. COMPLIANCE WITH APPLICABLE SAFETY
70-2 STANDARDS
70-3 Sec. 2158.006. WHEN VEHICLE CONSIDERED CAPABLE OF USING
70-4 ALTERNATIVE FUELS
70-5 (Sections 2158.007-2158.060 reserved for expansion)
70-6 SUBCHAPTER B. CONTRACT FOR PRINTING LAWS
70-7 Sec. 2158.061. AWARD OF CONTRACT FOR PRINTING LAWS
70-8 Sec. 2158.062. CONTRACT FOR PRINTING LAWS: TERMS AND
70-9 CONDITIONS
70-10 Sec. 2158.063. CONTRACT FOR PRINTING LAWS: PROOFREADING;
70-11 ERRORS AND OMISSIONS
70-12 Sec. 2158.064. CONTRACT FOR PRINTING LAWS: DIRECTION
70-13 OF SECRETARY OF STATE; DELIVERY OF
70-14 COPY
70-15 Sec. 2158.065. DISTRIBUTION OF PRINTED LAWS
70-16 (Sections 2158.066-2158.120 reserved for expansion)
70-17 SUBCHAPTER C. OTHER CONTRACTS FOR PRINTING SERVICES
70-18 Sec. 2158.121. PROHIBITION APPLICABLE TO OTHER PRINTING
70-19 CONTRACTS; OFFENSE; PENALTY
70-20 Sec. 2158.122. EXCEPTION TO PROHIBITION
70-21 Sec. 2158.123. STATE PRINTING CONTRACTS
70-22 (Sections 2158.124-2158.180 reserved for expansion)
70-23 SUBCHAPTER D. PURCHASE OF ELECTRICAL ITEMS
70-24 Sec. 2158.181. SAFETY STANDARDS FOR ELECTRICAL ITEMS
70-25 (Sections 2158.182-2158.240 reserved for expansion)
70-26 SUBCHAPTER E. RECYCLED PRODUCTS
70-27 Sec. 2158.241. INTERSTATE COMPACTS AND COOPERATIVE
71-1 AGREEMENTS FOR PROCURING RECYCLED
71-2 PRODUCTS
71-3 CHAPTER 2158. PURCHASING: MISCELLANEOUS
71-4 PROVISIONS FOR PURCHASE OF CERTAIN GOODS AND SERVICES
71-5 SUBCHAPTER A. PURCHASE OF PASSENGER VEHICLES
71-6 Sec. 2158.001. WHEELBASE AND HORSEPOWER RESTRICTIONS. (a)
71-7 A state agency may not purchase or lease a vehicle designed or used
71-8 primarily for the transportation of individuals, including a
71-9 station wagon, that has a wheelbase longer than 113 inches or that
71-10 has more than 160 SAE net horsepower. The vehicle may have a
71-11 wheelbase of up to 116 inches or SAE net horsepower of up to 280 if
71-12 the vehicle will be converted so that it is capable of using
71-13 compressed natural gas or another alternative fuel that results in
71-14 comparably lower emissions of oxides of nitrogen, volatile organic
71-15 compounds, carbon monoxide, or particulates. This exception to the
71-16 wheelbase and horsepower limitations applies to a state agency
71-17 regardless of the size of the agency's vehicle fleet.
71-18 (b) The wheelbase and horsepower limitations prescribed by
71-19 Subsection (a) do not apply to the purchase or lease of:
71-20 (1) a vehicle to be used primarily for criminal law
71-21 enforcement;
71-22 (2) a bus, motorcycle, pickup, van, truck, three-wheel
71-23 vehicle, or tractor; or
71-24 (3) an ambulance. (V.A.C.S. Art. 601b, Sec. 3.29(a),
71-25 as amended Chs. 20, 684, Acts 73rd Leg., R.S., 1993.)
71-26 Sec. 2158.002. VEHICLES USING ALTERNATIVE FUELS. (a) A
71-27 state agency operating a fleet of more than 15 vehicles, excluding
72-1 law enforcement and emergency vehicles, may not purchase or lease a
72-2 motor vehicle unless that vehicle is capable of using compressed
72-3 natural gas or other alternative fuels that result in comparably
72-4 lower emissions of oxides of nitrogen, volatile organic compounds,
72-5 carbon monoxide, particulates, or a combination of those
72-6 substances.
72-7 (b) A state agency may obtain equipment or refueling
72-8 facilities necessary to operate vehicles using compressed natural
72-9 gas or other alternative fuels:
72-10 (1) by purchase or lease as authorized by law;
72-11 (2) by gift or loan of the equipment or facilities; or
72-12 (3) by gift or loan of the equipment or facilities or
72-13 by another arrangement under a service contract for the supply of
72-14 compressed natural gas or other alternative fuels.
72-15 (c) If the equipment or facilities are donated, loaned, or
72-16 provided through another arrangement with the supplier of
72-17 compressed natural gas or other alternative fuels, the supplier is
72-18 entitled to recoup its actual cost of donating, loaning, or
72-19 providing the equipment or facilities through its fuel charges
72-20 under the supply contract.
72-21 (d) The commission may waive the requirements of this
72-22 section for a state agency on receipt of certification supported by
72-23 evidence acceptable to the commission that:
72-24 (1) the agency's vehicles will be operating primarily
72-25 in an area in which neither the agency nor a supplier has or can
72-26 reasonably be expected to establish a central refueling station for
72-27 compressed natural gas or other alternative fuels; or
73-1 (2) the agency is unable to obtain equipment or
73-2 refueling facilities necessary to operate vehicles using compressed
73-3 natural gas or other alternative fuels at a projected cost that is
73-4 reasonably expected to be no greater than the net costs of
73-5 continued use of traditional gasoline or diesel fuels measured over
73-6 the expected useful life of the equipment or facilities supplied.
73-7 (V.A.C.S. Art. 601b, Sec. 3.29(b).)
73-8 Sec. 2158.003. PERCENTAGE REQUIREMENTS FOR VEHICLES CAPABLE
73-9 OF USING ALTERNATIVE FUELS; PROGRAM REVIEW. (a) Not later than
73-10 September 1, 1996, a state agency that operates a fleet of more
73-11 than 15 motor vehicles, excluding law enforcement and emergency
73-12 vehicles, shall have a fleet consisting of vehicles of which at
73-13 least 50 percent are capable of using compressed natural gas or
73-14 other alternative fuels.
73-15 (b) The Texas Natural Resource Conservation Commission shall
73-16 review the alternative fuel use program established by this
73-17 subchapter by December 31, 1996. If the Texas Natural Resource
73-18 Conservation Commission determines that the program has been
73-19 effective in reducing total annual emissions from motor vehicles in
73-20 the area, then after August 31, 1998, a state agency operating a
73-21 fleet of more than 15 motor vehicles shall have a fleet consisting
73-22 of vehicles of which at least 90 percent are capable of using
73-23 compressed natural gas or other alternative fuels.
73-24 (c) The commission shall support the Texas Natural Resource
73-25 Conservation Commission in collecting reasonable information needed
73-26 to determine the air quality benefits from use of alternative fuels
73-27 at affected agencies.
74-1 (d) A state agency in its annual financial report to the
74-2 legislature shall report its progress in achieving the percentage
74-3 requirements of this section by itemizing:
74-4 (1) purchases, leases, and conversions of motor
74-5 vehicles; and
74-6 (2) usage of compressed natural gas or other
74-7 alternative fuels.
74-8 (e) A state agency may meet the percentage requirements of
74-9 this section through purchase of new vehicles or the conversion of
74-10 existing vehicles, in accordance with federal and state
74-11 requirements and applicable safety laws, to use the alternative
74-12 fuels.
74-13 (f) The commission may reduce a percentage specified by this
74-14 section or waive the requirements of this section for a state
74-15 agency on receipt of certification supported by evidence acceptable
74-16 to the commission that:
74-17 (1) the agency's vehicles will be operating primarily
74-18 in an area in which neither the agency nor a supplier has or can
74-19 reasonably be expected to establish a central refueling station for
74-20 compressed natural gas or other alternative fuels; or
74-21 (2) the agency is unable to obtain equipment or
74-22 refueling facilities necessary to operate vehicles using compressed
74-23 natural gas or other alternative fuels at a projected cost that is
74-24 reasonably expected to be no greater than the net costs of
74-25 continued use of traditional gasoline or diesel fuels measured over
74-26 the expected useful life of the equipment or facilities supplied.
74-27 (V.A.C.S. Art. 601b, Secs. 3.29(c), (d) (part), (e).)
75-1 Sec. 2158.004. DETERMINATION OF ALTERNATIVE FUELS PROGRAM
75-2 PARAMETERS. In developing the compressed natural gas or other
75-3 alternative fuel use program, the commission should work with state
75-4 agency fleet operators, vehicle manufacturers and converters, fuel
75-5 distributors, and others to determine the vehicles to be covered,
75-6 taking into consideration:
75-7 (1) range;
75-8 (2) specialty uses;
75-9 (3) fuel availability;
75-10 (4) vehicle manufacturing and conversion capability;
75-11 (5) safety;
75-12 (6) resale values; and
75-13 (7) other relevant factors. (V.A.C.S. Art. 601b, Sec.
75-14 3.29(d) (part).)
75-15 Sec. 2158.005. COMPLIANCE WITH APPLICABLE SAFETY STANDARDS.
75-16 In purchasing, leasing, maintaining, or converting vehicles for use
75-17 with compressed natural gas or other alternative fuels, the
75-18 commission shall comply with all applicable safety standards
75-19 adopted by the United States Department of Transportation and the
75-20 Railroad Commission of Texas. (V.A.C.S. Art. 601b, Sec. 3.29(f).)
75-21 Sec. 2158.006. WHEN VEHICLE CONSIDERED CAPABLE OF USING
75-22 ALTERNATIVE FUELS. In this subchapter, a vehicle is considered to
75-23 be capable of using compressed natural gas or other alternative
75-24 fuels if the vehicle is capable of using those fuels either in its
75-25 original equipment engine or in an engine that has been converted
75-26 to use those fuels. (V.A.C.S. Art. 601b, Sec. 3.29(g) (part).)
75-27 (Sections 2158.007-2158.060 reserved for expansion)
76-1 SUBCHAPTER B. CONTRACT FOR PRINTING LAWS
76-2 Sec. 2158.061. AWARD OF CONTRACT FOR PRINTING LAWS. (a)
76-3 The commission shall, at the beginning of each regular session of
76-4 the legislature, award a contract for printing the general and
76-5 special laws and resolutions passed by a regular or special session
76-6 of that legislature.
76-7 (b) The commission shall prepare the contract as a separate
76-8 contract from all other public printing contracts. (V.A.C.S.
76-9 Art. 601b, Sec. 3.25(a) (part).)
76-10 Sec. 2158.062. CONTRACT FOR PRINTING LAWS: TERMS AND
76-11 CONDITIONS. (a) The commission shall include in the contract for
76-12 printing laws penalties that assure delivery of the printed laws by
76-13 the time provided in the contract.
76-14 (b) The printer shall begin delivery of completed books in a
76-15 reasonable time after printing is completed and binding is started.
76-16 The commission shall state the time limit in the commission's call
76-17 for bids.
76-18 (c) On the commission's order, the printer shall print
76-19 general and special laws in separate volumes. (V.A.C.S. Art. 601b,
76-20 Sec. 3.25(a) (part).)
76-21 Sec. 2158.063. CONTRACT FOR PRINTING LAWS: PROOFREADING;
76-22 ERRORS AND OMISSIONS. (a) In the contract for printing laws, the
76-23 commission shall require the printer to:
76-24 (1) proofread and correct proofs before submitting
76-25 them to the state; and
76-26 (2) set out in the first volume of the general and
76-27 special laws passed by each legislature, immediately preceding the
77-1 laws, a section containing corrections of errors or omissions made
77-2 in the publication of the general and special laws of preceding
77-3 legislatures.
77-4 (b) The contract term required by Subsection (a)(2) may not
77-5 require the printer to set out an error or omission in a law passed
77-6 in a legislative session ending more than five years before the
77-7 date of the call for bids for the contract.
77-8 (c) The secretary of state shall provide the printer with
77-9 the list of errors and omissions and appropriate corrections on or
77-10 before the date provided by Section 2158.064 for furnishing the
77-11 printer a copy of the laws and resolutions passed at the first
77-12 session of each legislature.
77-13 (d) The comptroller may not issue a warrant to the printer
77-14 in payment for the printing of the laws and resolutions until the
77-15 printer, if an individual, or the vice president, secretary, or
77-16 manager if the printer is a corporation, partnership, or
77-17 association, executes a sworn affidavit verifying compliance with
77-18 Section 2158.062 and this section. (V.A.C.S. Art. 601b, Sec.
77-19 3.25(b).)
77-20 Sec. 2158.064. CONTRACT FOR PRINTING LAWS: DIRECTION OF
77-21 SECRETARY OF STATE; DELIVERY OF COPY. (a) The secretary of state
77-22 shall direct the compilation and printing of laws and resolutions.
77-23 (b) Not later than the 26th day, excluding Sundays, after
77-24 the date the legislature adjourns, the secretary of state shall
77-25 furnish the printer all copy for the laws and resolutions, with
77-26 delivery of the first copy to the printer beginning as bills are
77-27 signed by the governor.
78-1 (c) The secretary of state shall deliver copy for the index
78-2 to the printer not later than the fifth day after the date the
78-3 printer has furnished all page proofs of the laws to the secretary
78-4 of state. (V.A.C.S. Art. 601b, Sec. 3.25(c).)
78-5 Sec. 2158.065. DISTRIBUTION OF PRINTED LAWS. The secretary
78-6 of state shall distribute the printed laws of each session of the
78-7 legislature as follows:
78-8 (1) one copy each to:
78-9 (A) the governor;
78-10 (B) the lieutenant governor;
78-11 (C) the speaker of the house of representatives;
78-12 (D) each court of appeals; and
78-13 (E) each county law library;
78-14 (2) 10 copies to the Texas Legislative Council;
78-15 (3) 15 copies to the Legislative Reference Library;
78-16 (4) 30 copies to the State Law Library; and
78-17 (5) 60 copies to the Texas State Library. (V.A.C.S.
78-18 Art. 601b, Sec. 3.25(d).)
78-19 (Sections 2158.066-2158.120 reserved for expansion)
78-20 SUBCHAPTER C. OTHER CONTRACTS FOR PRINTING SERVICES
78-21 Sec. 2158.121. PROHIBITION APPLICABLE TO OTHER PRINTING
78-22 CONTRACTS; OFFENSE; PENALTY. (a) Except as otherwise provided by
78-23 a contract or agreement with the state authorized by this
78-24 subchapter, a person doing printing under contract for the state
78-25 commits an offense if the person reproduces, prints, prepares,
78-26 sells, or furnishes the printing or printed matter, a reprint,
78-27 reproduction, or copy of the printing or printed matter, or a
79-1 plate, type, mat, cut, or engraving from which the printing
79-2 contract was executed, in an amount other than that agreed to be
79-3 printed and furnished to the state under the contract.
79-4 (b) An offense under this section is a misdemeanor
79-5 punishable by:
79-6 (1) a fine of not less than $100 or more than $1,000;
79-7 and
79-8 (2) confinement in jail for not more than 30 days if
79-9 the offender is an individual.
79-10 (c) Conviction of an agent or employee under this section
79-11 does not bar conviction of a principal.
79-12 (d) This subchapter does not apply to the printing and sale
79-13 to the public of copies of the general and special laws by the
79-14 printer of the laws under a contract authorized by Subchapter B.
79-15 (V.A.C.S. Art. 601b, Secs. 3.25(e); 3.26(a), (d).)
79-16 Sec. 2158.122. EXCEPTION TO PROHIBITION. (a) On consent of
79-17 the commission and the governor, a person may print extra copies of
79-18 matter printed under a state contract and sell the copies at a
79-19 price fixed by the commission if in the opinion of the commission
79-20 and the governor the printed matter should be distributed in this
79-21 manner for the benefit of the public.
79-22 (b) A contract for the printing and sale of extra copies
79-23 under this section must be approved by the attorney general.
79-24 (V.A.C.S. Art. 601b, Sec. 3.26(c).)
79-25 Sec. 2158.123. STATE PRINTING CONTRACTS. In this chapter
79-26 and Chapters 2155-2157, printing is considered to be performed for
79-27 the state if the printing is done under contract for:
80-1 (1) the legislature, including either house of the
80-2 legislature;
80-3 (2) a state department, board, or commission;
80-4 (3) a court;
80-5 (4) an officer or agent of the state; or
80-6 (5) the state. (V.A.C.S. Art. 601b, Sec. 3.26(b).)
80-7 (Sections 2158.124-2158.180 reserved for expansion)
80-8 SUBCHAPTER D. PURCHASE OF ELECTRICAL ITEMS
80-9 Sec. 2158.181. SAFETY STANDARDS FOR ELECTRICAL ITEMS. The
80-10 commission or another state agency may not purchase an electrical
80-11 item unless the item meets applicable safety standards of the
80-12 federal Occupational Safety and Health Administration. (V.A.C.S.
80-13 Art. 601b, Sec. 3.32.)
80-14 (Sections 2158.182-2158.240 reserved for expansion)
80-15 SUBCHAPTER E. RECYCLED PRODUCTS
80-16 Sec. 2158.241. INTERSTATE COMPACTS AND COOPERATIVE
80-17 AGREEMENTS FOR PROCURING RECYCLED PRODUCTS. The commission shall
80-18 enter into compacts and cooperative agreements with other states
80-19 and government entities for procuring products made of recycled
80-20 materials. (V.A.C.S. Art. 601b, Sec. 11.07.)
80-21 (Chapters 2159-2160 reserved for expansion)
80-22 CHAPTER 2161. HISTORICALLY UNDERUTILIZED BUSINESSES
80-23 SUBCHAPTER A. GENERAL PROVISIONS
80-24 Sec. 2161.001. DEFINITIONS
80-25 Sec. 2161.002. COMMISSION ADMINISTRATION; COMPTROLLER
80-26 ASSISTANCE
80-27 (Sections 2161.003-2161.060 reserved for expansion)
81-1 SUBCHAPTER B. GENERAL POWERS AND DUTIES OF COMMISSION
81-2 Sec. 2161.061. CERTIFICATION OF HISTORICALLY UNDERUTILIZED
81-3 BUSINESSES
81-4 Sec. 2161.062. ASSISTANCE TO HISTORICALLY UNDERUTILIZED
81-5 BUSINESSES
81-6 Sec. 2161.063. ASSISTING STATE AGENCIES
81-7 Sec. 2161.064. DIRECTORY
81-8 (Sections 2161.065-2161.120 reserved for expansion)
81-9 SUBCHAPTER C. PLANNING AND REPORTING REQUIREMENTS
81-10 Sec. 2161.121. COMMISSION REPORT OF CONTRACTS AWARDED TO
81-11 HISTORICALLY UNDERUTILIZED BUSINESSES
81-12 Sec. 2161.122. INFORMATION GATHERING BY STATE AGENCY
81-13 Sec. 2161.123. STRATEGIC PLANNING
81-14 Sec. 2161.124. STATE AGENCY PROGRESS REPORTS
81-15 Sec. 2161.125. CATEGORIZATION BY SEX, RACE, AND ETHNICITY
81-16 (Sections 2161.126-2161.180 reserved for expansion)
81-17 SUBCHAPTER D. PURCHASING GOALS
81-18 Sec. 2161.181. GOALS FOR PURCHASES OF GOODS AND SERVICES
81-19 Sec. 2161.182. GOALS FOR CONSTRUCTION CONTRACTS
81-20 Sec. 2161.183. ESTIMATE OF EXPECTED CONTRACT AWARDS
81-21 (Sections 2161.184-2161.230 reserved for expansion)
81-22 SUBCHAPTER E. PENALTY
81-23 Sec. 2161.231. PENALTY
81-24 CHAPTER 2161. HISTORICALLY UNDERUTILIZED BUSINESSES
81-25 SUBCHAPTER A. GENERAL PROVISIONS
81-26 Sec. 2161.001. DEFINITIONS. In this chapter:
81-27 (1) "Goods" means supplies, materials, or equipment.
82-1 (2) "Historically underutilized business" means:
82-2 (A) a corporation formed for the purpose of
82-3 making a profit in which 51 percent or more of all classes of the
82-4 shares of stock or other equitable securities are owned by one or
82-5 more socially disadvantaged persons who have a proportionate
82-6 interest and actively participate in the corporation's control,
82-7 operation, and management;
82-8 (B) a sole proprietorship created for the
82-9 purpose of making a profit that is completely owned, operated, and
82-10 controlled by a socially disadvantaged person;
82-11 (C) a partnership formed for the purpose of
82-12 making a profit in which 51 percent or more of the assets and
82-13 interest in the partnership are owned by one or more socially
82-14 disadvantaged persons who have a proportionate interest and
82-15 actively participate in the partnership's control, operation, and
82-16 management;
82-17 (D) a joint venture in which each entity in the
82-18 venture is a historically underutilized business, as determined
82-19 under another paragraph of this subdivision; or
82-20 (E) a supplier contract between a historically
82-21 underutilized business as determined under another paragraph of
82-22 this subdivision and a prime contractor under which the
82-23 historically underutilized business is directly involved in the
82-24 manufacture or distribution of the goods or otherwise warehouses
82-25 and ships the goods.
82-26 (3) "Socially disadvantaged person" means a person who
82-27 is socially disadvantaged because of the person's identification as
83-1 a member of a certain group, including Black Americans, Hispanic
83-2 Americans, women, Asian Pacific Americans, and Native Americans,
83-3 and who has suffered the effects of discriminatory practices or
83-4 other similar insidious circumstances over which the person has no
83-5 control. (V.A.C.S. Art. 601b, Sec. 1.02(3); New.)
83-6 Sec. 2161.002. COMMISSION ADMINISTRATION; COMPTROLLER
83-7 ASSISTANCE. (a) To administer Subchapters B and C, the commission
83-8 may:
83-9 (1) require information from a state agency; and
83-10 (2) adopt rules.
83-11 (b) The comptroller shall provide information to the
83-12 commission that will assist the commission in performing its duties
83-13 under Subchapters B and C. (V.A.C.S. Art. 601b, Sec. 1.03(c)
83-14 (part).)
83-15 (Sections 2161.003-2161.060 reserved for expansion)
83-16 SUBCHAPTER B. GENERAL POWERS AND DUTIES OF COMMISSION
83-17 Sec. 2161.061. CERTIFICATION OF HISTORICALLY UNDERUTILIZED
83-18 BUSINESSES. (a) The commission shall certify historically
83-19 underutilized businesses.
83-20 (b) As one of its certification procedures, the commission
83-21 may:
83-22 (1) approve a municipal program that certifies
83-23 historically underutilized businesses under substantially the same
83-24 definition used by Section 2161.001; and
83-25 (2) certify a business certified under the municipal
83-26 program as a historically underutilized business under this
83-27 chapter. (V.A.C.S. Art. 601b, Sec. 1.03(a).)
84-1 Sec. 2161.062. ASSISTANCE TO HISTORICALLY UNDERUTILIZED
84-2 BUSINESSES. (a) The commission shall seek the advice of the
84-3 governor, legislature, and state agencies in identifying and
84-4 developing opportunities for historically underutilized businesses.
84-5 (b) The commission shall offer historically underutilized
84-6 businesses assistance and training regarding state procurement
84-7 procedures.
84-8 (c) The commission shall advise historically underutilized
84-9 businesses of available state contracts and shall advise
84-10 historically underutilized businesses to apply for registration on
84-11 the commission's master bidders list. (V.A.C.S. Art. 601b, Secs.
84-12 1.03(i), (j).)
84-13 Sec. 2161.063. ASSISTING STATE AGENCIES. (a) The
84-14 commission shall encourage state agencies to use historically
84-15 underutilized businesses by:
84-16 (1) working with state agencies to establish a
84-17 statewide policy for increasing the use of historically
84-18 underutilized businesses;
84-19 (2) assisting state agencies in seeking historically
84-20 underutilized businesses capable of supplying required goods or
84-21 services;
84-22 (3) assisting state agencies in identifying and
84-23 advising historically underutilized businesses on the types of
84-24 goods and services the agencies need; and
84-25 (4) assisting state agencies in increasing the amount
84-26 of business placed with historically underutilized businesses.
84-27 (b) The commission shall assist the Texas Department of
85-1 Commerce in performing the department's duties under Section
85-2 481.103. (V.A.C.S. Art. 601b, Secs. 1.03(o), (p).)
85-3 Sec. 2161.064. DIRECTORY. (a) The commission shall
85-4 compile, in the most cost-efficient form, a directory of businesses
85-5 certified as historically underutilized businesses under Section
85-6 2161.061.
85-7 (b) The commission at least semiannually shall update the
85-8 directory and provide a copy of the directory to each state agency.
85-9 (c) Depending on the needs of a state agency, the commission
85-10 shall provide access to the directory electronically or in another
85-11 form.
85-12 (d) The commission shall provide a copy of the directory to
85-13 every municipality in January and July of each year. On request,
85-14 the commission shall make the directory available to other local
85-15 governments and the public.
85-16 (e) A state agency, including the commission, shall use the
85-17 directory in determining awards of state purchasing and public
85-18 works contracts. (V.A.C.S. Art. 601b, Secs. 1.03(b), (e) as added
85-19 Sec. 8, Ch. 749, Acts 73rd Leg., R.S., 1993.)
85-20 (Sections 2161.065-2161.120 reserved for expansion)
85-21 SUBCHAPTER C. PLANNING AND REPORTING REQUIREMENTS
85-22 Sec. 2161.121. COMMISSION REPORT OF CONTRACTS AWARDED TO
85-23 HISTORICALLY UNDERUTILIZED BUSINESSES. (a) The commission shall
85-24 prepare a consolidated report that:
85-25 (1) includes the number and dollar amount of contracts
85-26 awarded and paid to historically underutilized businesses certified
85-27 by the commission; and
86-1 (2) analyzes the relative level of opportunity for
86-2 historically underutilized businesses for various categories of
86-3 acquired goods and services.
86-4 (b) Each state agency shall send to the commission
86-5 information required by Section 2161.122 and the commission for the
86-6 preparation of the commission's report not later than March 15 and
86-7 September 15 of each year.
86-8 (c) The commission shall base its report on the compilation
86-9 and analysis of reports received under Subsection (b) and
86-10 information received from the comptroller.
86-11 (d) The commission shall send on April 15 of each year a
86-12 report on the previous six-month period to the joint committee
86-13 charged with monitoring the implementation of the historically
86-14 underutilized business goals.
86-15 (e) The commission shall send on October 15 of each year a
86-16 report on the preceding fiscal year to the presiding officer of
86-17 each house of the legislature, the members of the legislature, and
86-18 the joint committee. (V.A.C.S. Art. 601b, Secs. 1.03(c) (part),
86-19 (h).)
86-20 Sec. 2161.122. INFORMATION GATHERING BY STATE AGENCY. (a)
86-21 To ensure accuracy in reporting, a state agency shall maintain and
86-22 compile monthly information relating to the use by the agency and
86-23 each of its operating divisions of historically underutilized
86-24 businesses, including information regarding subcontractors and
86-25 suppliers required by Subsection (b).
86-26 (b) A contractor or supplier awarded a contract by a state
86-27 agency shall report to the agency the identity of each historically
87-1 underutilized business to whom the contractor or supplier awarded a
87-2 subcontract for the purchase of goods or services.
87-3 (c) A state agency participating in a group purchasing
87-4 program under Section 2155.140 shall send to the commission in the
87-5 agency's report under Section 2161.121 a separate list of purchases
87-6 from historically underutilized businesses that are made through
87-7 the group purchasing program, including the dollar amount of each
87-8 purchase allocated to the reporting agency.
87-9 (d) A state agency's report is a record of the agency's
87-10 purchases for which the agency selected the vendor. If the vendor
87-11 was selected by the commission as part of its state contract
87-12 program, the commission shall include the purchase in the
87-13 commission's report of its own purchases unless the commission made
87-14 a sole source purchase for the agency under Section 2155.067. The
87-15 state agency for which the purchase was made shall report the
87-16 selection of the vendor on its report as if the agency selected the
87-17 vendor when the agency drew specifications for goods or services
87-18 that are proprietary to one vendor. (V.A.C.S. Art. 601b, Secs.
87-19 1.03(d), (e) as added Sec. 3, Ch. 684, Acts 73rd Leg., R.S., 1993,
87-20 (f), (k).)
87-21 Sec. 2161.123. STRATEGIC PLANNING. (a) Each state agency,
87-22 including the commission, shall prepare as part of its strategic
87-23 plan under Chapter 2056 a written plan for increasing the agency's
87-24 use of historically underutilized businesses in purchasing and
87-25 public works contracting.
87-26 (b) The plan must include:
87-27 (1) a policy or mission statement relating to
88-1 increasing the use of historically underutilized businesses by the
88-2 state agency;
88-3 (2) goals to be met by the agency in carrying out the
88-4 policy or mission; and
88-5 (3) specific programs to be conducted by the agency to
88-6 meet the goals stated in the plan, including a specific program to
88-7 encourage contractors to use historically underutilized businesses
88-8 as partners and subcontractors.
88-9 (c) On request, the commission shall provide technical
88-10 assistance to a state agency that is preparing its plan. (V.A.C.S.
88-11 Art. 601b, Sec. 1.03(l).)
88-12 Sec. 2161.124. STATE AGENCY PROGRESS REPORTS. (a) Each
88-13 state agency, including the commission, shall prepare a report for
88-14 each fiscal year documenting progress under its plan for increasing
88-15 use of historically underutilized businesses.
88-16 (b) The commission, in cooperation with the state auditor,
88-17 shall develop a standard form for the report.
88-18 (c) The state agency shall file the report with the
88-19 governor, lieutenant governor, and the speaker of the house of
88-20 representatives not later than December 31 of each year. (V.A.C.S.
88-21 Art. 601b, Secs. 1.03(m), (n).)
88-22 Sec. 2161.125. CATEGORIZATION BY SEX, RACE, AND ETHNICITY.
88-23 The commission, in cooperation with the comptroller and each state
88-24 agency reporting under this subchapter, shall categorize each
88-25 historically underutilized business included in a report under this
88-26 subchapter by sex, race, and ethnicity. (V.A.C.S. Art. 601b, Sec.
88-27 1.03(g).)
89-1 (Sections 2161.126-2161.180 reserved for expansion)
89-2 SUBCHAPTER D. PURCHASING GOALS
89-3 Sec. 2161.181. GOALS FOR PURCHASES OF GOODS AND SERVICES. A
89-4 state agency, including the commission, shall make a good faith
89-5 effort to assist historically underutilized businesses to receive
89-6 not less than 30 percent of the total value of all contract awards
89-7 for the purchase of goods or services that the agency expects to
89-8 make during a fiscal year. (V.A.C.S. Art. 601b, Sec. 3.10(b)
89-9 (part).)
89-10 Sec. 2161.182. GOALS FOR CONSTRUCTION CONTRACTS. (a) A
89-11 state agency that contracts for a construction project, including a
89-12 project under Section 2166.003, shall make a good faith effort to
89-13 assist historically underutilized businesses to receive not less
89-14 than 30 percent of the total value of each construction contract
89-15 award that the agency expects to make during a fiscal year.
89-16 (b) In this section, "project" has the meaning assigned by
89-17 Section 2166.001. (V.A.C.S. Art. 601b, Sec. 5.36 (part); New.)
89-18 Sec. 2161.183. ESTIMATE OF EXPECTED CONTRACT AWARDS. (a)
89-19 Not later than the 60th day of its fiscal year, a state agency,
89-20 including the commission:
89-21 (1) shall estimate the total value of contract awards
89-22 the agency expects to make for that fiscal year that are subject to
89-23 Section 2161.181; and
89-24 (2) shall estimate the total value of contract awards
89-25 the agency expects to make for that fiscal year under Chapter 2166.
89-26 (b) The state agency may revise an estimate as new
89-27 information requires. (V.A.C.S. Art. 601b, Secs. 3.10(b) (part),
90-1 5.36 (part).)
90-2 (Sections 2161.184-2161.230 reserved for expansion)
90-3 SUBCHAPTER E. PENALTY
90-4 Sec. 2161.231. PENALTY. (a) A person commits an offense if
90-5 the person:
90-6 (1) intentionally applies as a historically
90-7 underutilized business for an award of a purchasing contract or
90-8 public works contract under this subtitle; and
90-9 (2) knows the person is not a historically
90-10 underutilized business.
90-11 (b) An offense under this section is a third degree felony.
90-12 (V.A.C.S. Art. 601b, Sec. 1.04.)
90-13 CHAPTER 2162. STATE COUNCIL ON COMPETITIVE GOVERNMENT
90-14 SUBCHAPTER A. GENERAL PROVISIONS
90-15 Sec. 2162.001. DEFINITION
90-16 Sec. 2162.002. COMPETITION, INNOVATION, AND CREATIVITY IN STATE
90-17 SERVICES
90-18 (Sections 2162.003-2162.050 reserved for expansion)
90-19 SUBCHAPTER B. ADMINISTRATIVE PROVISIONS
90-20 Sec. 2162.051. COMPOSITION OF COUNCIL
90-21 Sec. 2162.052. MEETINGS
90-22 (Sections 2162.053-2162.100 reserved for expansion)
90-23 SUBCHAPTER C. GENERAL POWERS AND DUTIES
90-24 Sec. 2162.101. GENERAL POWERS
90-25 Sec. 2162.102. SELECTION OF SERVICE PROVIDER THROUGH
90-26 COMPETITION
90-27 Sec. 2162.103. COST COMPARISON AND CONTRACT CONSIDERATIONS
91-1 Sec. 2162.104. DUTIES OF AFFECTED STATE AGENCIES
91-2 Sec. 2162.105. EXEMPTION FROM PURCHASING LAWS
91-3 CHAPTER 2162. STATE COUNCIL ON COMPETITIVE GOVERNMENT
91-4 SUBCHAPTER A. GENERAL PROVISIONS
91-5 Sec. 2162.001. DEFINITION. In this chapter, "council" means
91-6 the State Council on Competitive Government. (V.A.C.S. Art. 601b,
91-7 Sec. 15.01(2).)
91-8 Sec. 2162.002. COMPETITION, INNOVATION, AND CREATIVITY IN
91-9 STATE SERVICES. The state shall encourage competition, innovation,
91-10 and creativity among service providers to improve the quality of
91-11 the state's services. (V.A.C.S. Art. 601b, Sec. 15.02 (part).)
91-12 (Sections 2162.003-2162.050 reserved for expansion)
91-13 SUBCHAPTER B. ADMINISTRATIVE PROVISIONS
91-14 Sec. 2162.051. COMPOSITION OF COUNCIL. (a) The State
91-15 Council on Competitive Government consists of the following
91-16 individuals or the individuals they designate:
91-17 (1) the governor;
91-18 (2) the lieutenant governor;
91-19 (3) the comptroller;
91-20 (4) the speaker of the house of representatives;
91-21 (5) the commission's presiding officer; and
91-22 (6) the commissioner of the Texas Employment
91-23 Commission representing labor.
91-24 (b) The governor is the presiding officer of the council.
91-25 (c) If the speaker of the house of representatives is not
91-26 permitted by the constitution to serve as a voting member of the
91-27 council, the speaker serves as a nonvoting member. (V.A.C.S.
92-1 Art. 601b, Secs. 15.02 (part), 15.03.)
92-2 Sec. 2162.052. MEETINGS. (a) The council shall meet as
92-3 often as necessary to perform its duties.
92-4 (b) The council is subject to:
92-5 (1) the open meetings law, Chapter 551; and
92-6 (2) the open records law, Chapter 552. (V.A.C.S.
92-7 Art. 601b, Secs. 15.04, 15.10.)
92-8 (Sections 2162.053-2162.100 reserved for expansion)
92-9 SUBCHAPTER C. GENERAL POWERS AND DUTIES
92-10 Sec. 2162.101. GENERAL POWERS. In performing its duties
92-11 under this chapter, the council may:
92-12 (1) adopt a rule governing any aspect of the council's
92-13 duties or responsibilities;
92-14 (2) hold a public hearing or conduct a study; and
92-15 (3) consult a private commercial source. (V.A.C.S.
92-16 Art. 601b, Sec. 15.06 (part).)
92-17 Sec. 2162.102. SELECTION OF SERVICE PROVIDER THROUGH
92-18 COMPETITION. (a) The council shall identify commercially
92-19 available services being performed by state agencies and study the
92-20 services to determine if they may be better provided by selecting
92-21 the service providers through competition with other state agency
92-22 providers of the services or private commercial sources.
92-23 (b) If the council determines that a service identified
92-24 under Subsection (a) may be better provided by selecting the
92-25 service provider through competition, the council shall require the
92-26 state agency providing the service to engage in any process,
92-27 including competitive bidding, developed by the council to select a
93-1 service provider through competition with other state agency
93-2 providers of the service or private commercial sources.
93-3 (c) In performing its duties under this chapter, the council
93-4 may:
93-5 (1) require a state agency to conduct a hearing,
93-6 study, review, or cost estimate, including an agency in-house cost
93-7 estimate or a management study, concerning any aspect of a service
93-8 identified under Subsection (a);
93-9 (2) develop and require state agencies to use methods
93-10 to accurately and fairly estimate and account for the cost of
93-11 providing a service identified under Subsection (a);
93-12 (3) require that a service identified under Subsection
93-13 (a) be submitted to competitive bidding or another process that
93-14 creates competition with private commercial sources;
93-15 (4) prescribe, after consulting affected state
93-16 agencies, the specifications and conditions of purchase procedures
93-17 that must be followed by the commission and a state agency or a
93-18 private commercial source engaged in competitive bidding to provide
93-19 a service identified under Subsection (a);
93-20 (5) award a contract to a state agency providing the
93-21 service, another state agency, a private commercial source, or a
93-22 combination of those entities, if the bidder presents the best and
93-23 most reasonable bid, which is not necessarily the lowest bid; and
93-24 (6) determine the terms of a contract for service or
93-25 interagency contract to provide a service identified under
93-26 Subsection (a). (V.A.C.S. Art. 601b, Secs. 15.01(3), 15.05, 15.06
93-27 (part).)
94-1 Sec. 2162.103. COST COMPARISON AND CONTRACT CONSIDERATIONS.
94-2 (a) In comparing the cost of providing a service, the council
94-3 shall consider the:
94-4 (1) cost of supervising the work of a private
94-5 contractor; and
94-6 (2) cost of a state agency's performance of the
94-7 service, including:
94-8 (A) the costs of the comptroller, treasurer,
94-9 attorney general, and other support agencies; and
94-10 (B) other indirect costs related to the agency's
94-11 performance of the service.
94-12 (b) A bid or contract must include an analysis of health
94-13 care benefits, retirement, and workers' compensation insurance for
94-14 a contractor's employees that are reasonably comparable to the
94-15 health care benefits, retirement, and workers' compensation
94-16 insurance of the state. (V.A.C.S. Art. 601b, Sec. 15.07.)
94-17 Sec. 2162.104. DUTIES OF AFFECTED STATE AGENCIES. A state
94-18 agency shall perform an activity required by the council in
94-19 performing its duties or exercising its powers under this chapter.
94-20 (V.A.C.S. Art. 601b, Sec. 15.08.)
94-21 Sec. 2162.105. EXEMPTION FROM PURCHASING LAWS. A contract
94-22 by the council or a decision regarding whether a state agency is
94-23 required to engage in competitive bidding is exempt from another
94-24 state law regulating or limiting state purchasing or a purchasing
94-25 decision. (V.A.C.S. Art. 601b, Sec. 15.09.)
94-26 (Chapters 2163-2164 reserved for expansion)
94-27 CHAPTER 2165. STATE BUILDINGS, GROUNDS, AND PROPERTY
95-1 SUBCHAPTER A. CHARGE AND CONTROL OF STATE BUILDINGS AND PROPERTY
95-2 Sec. 2165.001. CUSTODIANSHIP OF STATE PROPERTY
95-3 Sec. 2165.002. EXCEPTIONS TO COMMISSION CHARGE AND CONTROL
95-4 Sec. 2165.003. ALLOCATION OF SPACE AFFECTING LEGISLATURE
95-5 Sec. 2165.004. LEASE OF SPACE TO PUBLIC TENANTS IN CERTAIN
95-6 STATE-OWNED BUILDINGS
95-7 Sec. 2165.005. NAMING OF STATE BUILDINGS
95-8 (Sections 2165.006-2165.050 reserved for expansion)
95-9 SUBCHAPTER B. POWERS AND DUTIES OF COMMISSION
95-10 Sec. 2165.051. INSPECTION OF STATE PROPERTY
95-11 Sec. 2165.052. REPAIR AND IMPROVEMENT OF STATE BUILDINGS
95-12 Sec. 2165.053. MAINTENANCE OF SEWERS AND UTILITY CONDUITS
95-13 Sec. 2165.054. PLANS OF STATE BUILDINGS
95-14 Sec. 2165.055. REPORT ABOUT IMPROVEMENTS AND REPAIRS
95-15 Sec. 2165.056. POWERS IN RELATION TO OTHER AGENCY PROPERTY
95-16 (Sections 2165.057-2165.100 reserved for expansion)
95-17 SUBCHAPTER C. ALLOCATION OF SPACE
95-18 Sec. 2165.101. APPLICABILITY OF SUBCHAPTER
95-19 Sec. 2165.102. COMMISSION STANDARDS FOR SPACE
95-20 Sec. 2165.103. CHILD CARE DEVELOPMENT BOARD STANDARDS
95-21 Sec. 2165.104. SPACE USE STUDY; LIMITATION ON ALLOCATION OF
95-22 SPACE
95-23 Sec. 2165.105. STATE AGENCY REQUEST FOR SPACE; COMMISSION
95-24 DETERMINATIONS
95-25 Sec. 2165.106. SHARING SPACE
95-26 Sec. 2165.107. PREFERENCES IN ASSIGNING SPACE
95-27 Sec. 2165.108. RULES
96-1 (Sections 2165.109-2165.150 reserved for expansion)
96-2 SUBCHAPTER D. LEASE OF PUBLIC GROUNDS
96-3 Sec. 2165.151. AUTHORITY TO LEASE PUBLIC GROUNDS
96-4 Sec. 2165.152. LEASE OF BUILDING SPACE NOT AFFECTED
96-5 Sec. 2165.153. ADVERTISEMENT OF LEASE PROPOSALS
96-6 Sec. 2165.154. COMMENT BY GENERAL LAND OFFICE
96-7 Sec. 2165.155. APPROVAL BY ATTORNEY GENERAL
96-8 Sec. 2165.156. DEPOSIT OF LEASE PROCEEDS
96-9 Sec. 2165.157. FORMS, RULES, AND CONTRACTS
96-10 Sec. 2165.158. REJECTION OF BIDS
96-11 (Sections 2165.159-2165.200 reserved for expansion)
96-12 SUBCHAPTER E. LEASE OF SPACE IN STATE-OWNED BUILDINGS
96-13 TO PRIVATE TENANTS
96-14 Sec. 2165.201. PURPOSE OF SUBCHAPTER
96-15 Sec. 2165.202. APPLICABILITY
96-16 Sec. 2165.203. LEASE; FAIR MARKET VALUE
96-17 Sec. 2165.204. COMMENT BY GENERAL LAND OFFICE
96-18 Sec. 2165.205. LIMITATIONS ON AMOUNT, LOCATION, AND USE OF
96-19 LEASED SPACE
96-20 Sec. 2165.206. LEASE OF SPACE FOR CHILD CARE FACILITY
96-21 Sec. 2165.207. METHOD OF SELECTING TENANT
96-22 Sec. 2165.208. UTILITIES AND CUSTODIAL SERVICES
96-23 Sec. 2165.209. SUBLEASES AND ASSIGNMENTS
96-24 Sec. 2165.210. REFUSAL TO LEASE SPACE OR PERMIT AN ACTIVITY
96-25 Sec. 2165.211. USE OF LEASE PROCEEDS
96-26 Sec. 2165.212. VENDING FACILITIES; TEXAS COMMISSION FOR THE
96-27 BLIND
97-1 Sec. 2165.213. AD VALOREM TAXATION
97-2 Sec. 2165.214. PREFERENCE IN LEASING TO CERTAIN EXISTING
97-3 VENDING FACILITIES
97-4 Sec. 2165.215. PURCHASE OF BUILDING SUBJECT TO EXISTING
97-5 LEASES
97-6 (Sections 2165.216-2165.250 reserved for expansion)
97-7 SUBCHAPTER F. PARTICULAR BUILDINGS AND PROPERTY
97-8 Sec. 2165.251. OLD STATE BOARD OF INSURANCE BUILDING
97-9 Sec. 2165.252. TEXAS JUDICIAL COMPLEX
97-10 Sec. 2165.253. USE OF ROOM IN STATE CAPITOL BUILDING
97-11 Sec. 2165.254. STATE CAPITOL BUILDING: SAFE PLACE FOR
97-12 RUNAWAY YOUTH DESIGNATION
97-13 Sec. 2165.255. CONSENT OF LEGISLATURE REQUIRED FOR
97-14 CONSTRUCTION ON STATE CAPITOL GROUNDS;
97-15 PENALTY
97-16 Sec. 2165.256. STATE CEMETERY AND OTHER BURIAL GROUNDS
97-17 Sec. 2165.257. FRENCH EMBASSY
97-18 Sec. 2165.258. OFFICE SPACE FOR DEPARTMENT OF PUBLIC SAFETY;
97-19 AMERICAN LEGION BUILDING
97-20 CHAPTER 2165. STATE BUILDINGS, GROUNDS, AND PROPERTY
97-21 SUBCHAPTER A. CHARGE AND CONTROL OF STATE BUILDINGS AND PROPERTY
97-22 Sec. 2165.001. CUSTODIANSHIP OF STATE PROPERTY. (a) The
97-23 commission:
97-24 (1) has charge and control of all state buildings,
97-25 grounds, and property;
97-26 (2) is the custodian of all state personal property;
97-27 and
98-1 (3) is responsible for the proper care and protection
98-2 of state property from damage, intrusion, or improper use.
98-3 (b) The commission may:
98-4 (1) allocate space in a state building to the
98-5 departments of state government for uses authorized by law; and
98-6 (2) make repairs to a state building necessary to
98-7 accommodate uses of the space in the building. (V.A.C.S.
98-8 Art. 601b, Sec. 4.01(a).)
98-9 Sec. 2165.002. EXCEPTIONS TO COMMISSION CHARGE AND CONTROL.
98-10 The provisions of Section 2165.001 relating to charge and control
98-11 of state buildings and grounds do not apply to buildings and
98-12 grounds of:
98-13 (1) an institution of higher education, as defined by
98-14 Section 61.003, Education Code;
98-15 (2) a state agency to which control has been
98-16 specifically committed by law; and
98-17 (3) a state agency:
98-18 (A) that has demonstrated ability and competence
98-19 to maintain and control its buildings and grounds; and
98-20 (B) to which the commission delegates that
98-21 authority. (V.A.C.S. Art. 601b, Sec. 4.01(c).)
98-22 Sec. 2165.003. ALLOCATION OF SPACE AFFECTING LEGISLATURE.
98-23 The allocation of space affecting the quarters of either house of
98-24 the legislature must have the approval of the speaker of the house
98-25 of representatives or the lieutenant governor. The required
98-26 approval is for the quarters allocated to the affected house.
98-27 (V.A.C.S. Art. 601b, Sec. 4.01(b).)
99-1 Sec. 2165.004. LEASE OF SPACE TO PUBLIC TENANTS IN CERTAIN
99-2 STATE-OWNED BUILDINGS. (a) The commission may enter into a lease
99-3 agreement with a department, commission, board, agency, or other
99-4 instrumentality of the state, a political subdivision of the state,
99-5 or the federal government or its instrumentalities for space in an
99-6 office building subject to Chapter 2166. Except as provided by
99-7 Subchapter E or other law, the commission may not lease space in
99-8 the building to an individual, private corporation, association,
99-9 partnership, or other private interest.
99-10 (b) The commission may adopt rules necessary to implement
99-11 this section. (V.A.C.S. Art. 601b, Sec. 5.10(b); New.)
99-12 Sec. 2165.005. NAMING OF STATE BUILDINGS. (a) This section
99-13 prescribes the procedure for naming a building owned by the state,
99-14 including a building financed under the Texas Public Finance
99-15 Authority Act (Article 601d, Vernon's Texas Civil Statutes).
99-16 (b) The commission shall submit names proposed for a new
99-17 state building, or proposals to rename an existing state building,
99-18 to the presiding officers of the house of representatives and the
99-19 senate.
99-20 (c) The name proposed by the commission for a state building
99-21 may be approved and authorized only by concurrent resolution passed
99-22 by the legislature and signed by the governor.
99-23 (d) A building, other than a university building or a
99-24 prison, may bear the name of a person only if the person is
99-25 deceased and was significant in the state's history. (V.A.C.S.
99-26 Art. 601b, Sec. 4.081.)
99-27 (Sections 2165.006-2165.050 reserved for expansion)
100-1 SUBCHAPTER B. POWERS AND DUTIES OF COMMISSION
100-2 Sec. 2165.051. INSPECTION OF STATE PROPERTY. (a) The
100-3 commission shall frequently and at regular intervals inspect all
100-4 state buildings and property to remain constantly informed of the
100-5 condition of the buildings and property.
100-6 (b) The commission may inspect the buildings, property in
100-7 the buildings, and other property under the State Preservation
100-8 Board's control only at the board's request. The commission shall
100-9 report to the board the results of an inspection. Restoration and
100-10 repairs may be made only:
100-11 (1) at the board's direction; and
100-12 (2) by a contractor or agency chosen by the board.
100-13 (V.A.C.S. Art. 601b, Sec. 4.05.)
100-14 Sec. 2165.052. REPAIR AND IMPROVEMENT OF STATE BUILDINGS.
100-15 On direction of the commission's attention to a needed improvement
100-16 or repair of a building or office by the head of a department or
100-17 office, the commission shall provide for and direct the repair or
100-18 improvement. (V.A.C.S. Art. 601b, Sec. 4.06.)
100-19 Sec. 2165.053. MAINTENANCE OF SEWERS AND UTILITY CONDUITS.
100-20 The commission shall give special attention to the effective
100-21 maintenance of sewers and utility conduits. (V.A.C.S. Art. 601b,
100-22 Sec. 4.07.)
100-23 Sec. 2165.054. PLANS OF STATE BUILDINGS. The commission
100-24 shall prepare and keep in its offices a copy of the plans of each
100-25 state building under its charge, and plans of each building's
100-26 improvements, showing the exact location of all electrical wiring
100-27 and all water, gas, and sewage pipes. (V.A.C.S. Art. 601b, Sec.
101-1 4.08.)
101-2 Sec. 2165.055. REPORT ABOUT IMPROVEMENTS AND REPAIRS. The
101-3 commission biennially on December 1st shall report to the governor:
101-4 (1) all improvements and repairs that have been made,
101-5 with an itemized account of receipts and expenditures; and
101-6 (2) the condition of all property under its control,
101-7 with an estimate of needed improvements and repairs. (V.A.C.S.
101-8 Art. 601b, Sec. 4.09.)
101-9 Sec. 2165.056. POWERS IN RELATION TO OTHER AGENCY PROPERTY.
101-10 (a) The commission may, at a state agency's request, exercise the
101-11 powers and duties given to the commission by this subchapter and
101-12 Subchapters A, D, E, and F on or with respect to any property owned
101-13 or leased by the state.
101-14 (b) Services provided by the commission under this section
101-15 are not subject to Chapter 771.
101-16 (c) The commission shall establish a system of charges for
101-17 providing services under this section to assure recovery of the
101-18 cost of providing the services and shall submit a purchase voucher
101-19 or journal voucher after the close of each month to agencies for
101-20 which services were performed. (V.A.C.S. Art. 601b, Sec. 4.16.)
101-21 (Sections 2165.057-2165.100 reserved for expansion)
101-22 SUBCHAPTER C. ALLOCATION OF SPACE
101-23 Sec. 2165.101. APPLICABILITY OF SUBCHAPTER. This subchapter
101-24 applies only to space to which, under Section 2167.001, Chapter
101-25 2167 applies. (New.)
101-26 Sec. 2165.102. COMMISSION STANDARDS FOR SPACE. The
101-27 commission shall adopt standards regarding state agencies':
102-1 (1) use of space; and
102-2 (2) needs for space, including types of space needed.
102-3 (V.A.C.S. Art. 601b, Sec. 6.02(c) (part).)
102-4 Sec. 2165.103. CHILD CARE DEVELOPMENT BOARD STANDARDS. (a)
102-5 The Child Care Development Board by rule shall adopt standards
102-6 regarding the type, size, and location of child care services that
102-7 may be needed by a state agency based on an agency's location and
102-8 employee demographics.
102-9 (b) The commission shall apply standards adopted by the
102-10 board under this section in fulfilling the commission's
102-11 responsibilities relating to the establishment of child care
102-12 facilities. (V.A.C.S. Art. 601b, Sec. 6.02(c) (part).)
102-13 Sec. 2165.104. SPACE USE STUDY; LIMITATION ON ALLOCATION OF
102-14 SPACE. (a) The commission periodically shall study the space
102-15 requirements of state agencies that occupy space under the
102-16 commission's charge and control, including state-owned space and
102-17 space leased from other sources.
102-18 (b) The commission shall use the results of the study to:
102-19 (1) determine the optimal amount of space required for
102-20 various state agency uses; and
102-21 (2) allocate space to state agencies in the best and
102-22 most efficient manner possible.
102-23 (c) To the extent possible without sacrificing critical
102-24 public or client services, the commission may not allocate usable
102-25 office space, as defined by the commission, to a state agency under
102-26 Article I or II of the General Appropriations Act in an amount that
102-27 exceeds an average of 153 square feet per agency employee for each
103-1 agency site. This subsection does not apply to:
103-2 (1) an agency site at which fewer than 16 employees
103-3 are located;
103-4 (2) warehouse space;
103-5 (3) laboratory space;
103-6 (4) storage space exceeding 1,000 gross square feet;
103-7 (5) library space;
103-8 (6) space for hearing rooms used to conduct hearings
103-9 required under the administrative procedure law, Chapter 2001; or
103-10 (7) another type of space specified by commission
103-11 rule, if the commission determines that it is not practical to
103-12 apply this subsection to that space.
103-13 (d) The commission shall conduct a study under this section
103-14 at least once each state fiscal biennium.
103-15 (e) This section does not apply to space that is not
103-16 occupied by a state agency as defined by Section 2151.002.
103-17 (V.A.C.S. Art. 601b, Sec. 6.021.)
103-18 Sec. 2165.105. STATE AGENCY REQUEST FOR SPACE; COMMISSION
103-19 DETERMINATIONS. (a) The head of a state agency or that person's
103-20 designee shall send to the commission a written request for space
103-21 the agency needs to perform its functions. A state agency may
103-22 consider the need of its employees for child care services in its
103-23 request for space.
103-24 (b) After consulting the state agency regarding the amount
103-25 and type of space requested, the commission shall determine:
103-26 (1) whether a need for the space exists; and
103-27 (2) specifications for needed space. (V.A.C.S.
104-1 Art. 601b, Secs. 6.02(a), (b).)
104-2 Sec. 2165.106. SHARING SPACE. The commission may:
104-3 (1) consolidate requests for space of two or more
104-4 state agencies with similar needs; and
104-5 (2) obtain and allocate space so that it is shared by
104-6 the agencies. (V.A.C.S. Art. 601b, Sec. 6.03.)
104-7 Sec. 2165.107. PREFERENCES IN ASSIGNING SPACE. (a) In
104-8 filling a request for space, the commission shall give preference
104-9 to available state-owned space.
104-10 (b) In assigning office space in a state building financed
104-11 from bond proceeds, the commission shall give first priority to a
104-12 state agency that is not funded from general revenue. (V.A.C.S.
104-13 Art. 601b, Sec. 6.04.)
104-14 Sec. 2165.108. RULES. The commission shall adopt rules
104-15 necessary to administer its functions under this subchapter.
104-16 (V.A.C.S. Art. 601b, Sec. 6.12.)
104-17 (Sections 2165.109-2165.150 reserved for expansion)
104-18 SUBCHAPTER D. LEASE OF PUBLIC GROUNDS
104-19 Sec. 2165.151. AUTHORITY TO LEASE PUBLIC GROUNDS. All
104-20 public grounds belonging to the state under the commission's charge
104-21 and control may be leased for agricultural or commercial purposes.
104-22 (V.A.C.S. Art. 601b, Sec. 4.02(a) (part).)
104-23 Sec. 2165.152. LEASE OF BUILDING SPACE NOT AFFECTED. This
104-24 subchapter does not apply to space in a building that the
104-25 commission may lease to a private tenant under Subchapter E.
104-26 (V.A.C.S. Art. 601b, Sec. 4.02(c).)
104-27 Sec. 2165.153. ADVERTISEMENT OF LEASE PROPOSALS. The
105-1 commission shall advertise a lease proposal under this subchapter
105-2 once a week for four consecutive weeks in at least two newspapers,
105-3 one of which is published in the municipality in which the property
105-4 is located or in the daily paper nearest to the property, and the
105-5 other of which has statewide circulation. (V.A.C.S. Art. 601b,
105-6 Sec. 4.02(a) (part).)
105-7 Sec. 2165.154. COMMENT BY GENERAL LAND OFFICE. (a) Not
105-8 later than the 30th day before the date the commission executes a
105-9 lease under this subchapter, the commission shall send the lease
105-10 proposal to the asset management division of the General Land
105-11 Office.
105-12 (b) Before the lease is executed, the asset management
105-13 division shall send written comments to the commission about the
105-14 lease. The commission shall consider the comments before executing
105-15 the lease. (V.A.C.S. Art. 601b, Sec. 4.02(a) (part).)
105-16 Sec. 2165.155. APPROVAL BY ATTORNEY GENERAL. Each lease
105-17 under this subchapter is subject to the approval of the attorney
105-18 general regarding both substance and form. (V.A.C.S. Art. 601b,
105-19 Sec. 4.02(a) (part).)
105-20 Sec. 2165.156. DEPOSIT OF LEASE PROCEEDS. Money received
105-21 from a lease under this subchapter, minus the amount spent for
105-22 advertising and leasing expenses, shall be deposited:
105-23 (1) in the state treasury to the credit of the general
105-24 revenue fund; or
105-25 (2) if the land leased belongs to an eleemosynary
105-26 institution for which there is an appropriate special fund, to the
105-27 credit of the institution in the appropriate special fund.
106-1 (V.A.C.S. Art. 601b, Sec. 4.02(a) (part).)
106-2 Sec. 2165.157. FORMS, RULES, AND CONTRACTS. The commission
106-3 shall adopt proper forms, rules, and contracts that will in its
106-4 best judgment protect the interest of the state. (V.A.C.S.
106-5 Art. 601b, Sec. 4.02(b) (part).)
106-6 Sec. 2165.158. REJECTION OF BIDS. The commission may reject
106-7 any and all bids under this subchapter. (V.A.C.S. Art. 601b, Sec.
106-8 4.02(b) (part).)
106-9 (Sections 2165.159-2165.200 reserved for expansion)
106-10 SUBCHAPTER E. LEASE OF SPACE IN STATE-OWNED BUILDINGS
106-11 TO PRIVATE TENANTS
106-12 Sec. 2165.201. PURPOSE OF SUBCHAPTER. The purpose of this
106-13 subchapter is to:
106-14 (1) encourage the most efficient use of valuable space
106-15 in state office buildings and parking garages;
106-16 (2) serve the needs of employees and visitors in the
106-17 buildings;
106-18 (3) provide child care services for state employees;
106-19 and
106-20 (4) enhance the social, cultural, and economic
106-21 environment in and near the buildings. (V.A.C.S. Art. 601b, Sec.
106-22 4.15(a) (part).)
106-23 Sec. 2165.202. APPLICABILITY. This subchapter applies only
106-24 to the lease of space in a state-owned building to a private
106-25 tenant. (New.)
106-26 Sec. 2165.203. LEASE; FAIR MARKET VALUE. In a state-owned
106-27 building that is under the commission's control and that is used
107-1 primarily for office space or vehicle parking for state government,
107-2 the commission may lease at fair market value space to private
107-3 tenants for commercial, cultural, educational, or recreational
107-4 activities. (V.A.C.S. Art. 601b, Sec. 4.15(b) (part).)
107-5 Sec. 2165.204. COMMENT BY GENERAL LAND OFFICE. (a) Not
107-6 later than the 30th day before the date the commission executes a
107-7 lease, the commission shall send a copy of the lease to the asset
107-8 management division of the General Land Office.
107-9 (b) Before the lease is executed the asset management
107-10 division shall send written comments to the commission about the
107-11 lease. The commission shall consider the comments before executing
107-12 the lease. (V.A.C.S. Art. 601b, Sec. 4.15(b) (part).)
107-13 Sec. 2165.205. LIMITATIONS ON AMOUNT, LOCATION, AND USE OF
107-14 LEASED SPACE. (a) The commission may not lease space to a private
107-15 tenant for use as private office space unless the private office
107-16 space is related and incidental to another commercial, cultural,
107-17 educational, recreational, or child care activity of the tenant in
107-18 the building.
107-19 (b) Except as provided by this subchapter and Chapter 663,
107-20 the commission shall determine the amount of space in a building to
107-21 be allocated to private tenants and the types of activities in
107-22 which the tenants may engage according to the market for certain
107-23 activities among employees and visitors in the building and in the
107-24 vicinity of the building.
107-25 (c) Except as provided by Section 2165.215, the amount of
107-26 space allocated to private tenants may not exceed 15 percent of the
107-27 total space in the building. Space leased to provide child care
108-1 services for state employees does not count toward the 15 percent
108-2 maximum.
108-3 (d) If the commission allocates space in a building to a
108-4 private tenant, it shall encourage the tenant to lease space with
108-5 street frontage or space in another area of heavy pedestrian
108-6 activity. (V.A.C.S. Art. 601b, Secs. 4.15(b) (part), (c), (d)
108-7 (part).)
108-8 Sec. 2165.206. LEASE OF SPACE FOR CHILD CARE FACILITY. (a)
108-9 Providing a site for a child care facility in a state-owned
108-10 building has first priority over all other uses of a building,
108-11 except for the purposes essential to the official functions of the
108-12 agencies housed in the building.
108-13 (b) If the commission allocates space for the purpose of
108-14 providing child care services for state employees, the commission
108-15 shall designate the use of the space most appropriate for child
108-16 care at the direction of the Child Care Development Board.
108-17 (c) Notwithstanding any other provision of this subtitle,
108-18 the commission shall lease at a rate set by the Child Care
108-19 Development Board suitable space in state-owned buildings to child
108-20 care providers selected by the board, as provided by Chapter 663.
108-21 (V.A.C.S. Art. 601b, Secs. 4.15(a) (part), (b) (part), (d) (part).)
108-22 Sec. 2165.207. METHOD OF SELECTING TENANT. (a) The
108-23 commission may lease space in a building by negotiating a lease
108-24 with a tenant or by selecting the tenant through competitive
108-25 bidding. In either event, the commission shall follow procedures
108-26 that promote competition and protect the state's interests.
108-27 (b) If the space is leased for the purpose of providing
109-1 child care services for state employees, the Child Care Development
109-2 Board, in its sole discretion, may select the child care provider
109-3 through procedures other than competitive bidding. (V.A.C.S.
109-4 Art. 601b, Sec. 4.15(f).)
109-5 Sec. 2165.208. UTILITIES AND CUSTODIAL SERVICES. (a) The
109-6 commission may furnish utilities and custodial services to a
109-7 private tenant at cost.
109-8 (b) The commission shall furnish utilities and custodial
109-9 services to a child care provider selected by the Child Care
109-10 Development Board at cost. (V.A.C.S. Art. 601b, Sec. 4.15(e).)
109-11 Sec. 2165.209. SUBLEASES AND ASSIGNMENTS. (a) The
109-12 commission may permit a private tenant to sublease or assign space
109-13 that the tenant leases. The commission must approve in writing all
109-14 subleases and assignments of leases.
109-15 (b) If the private tenant is a child care provider, the
109-16 Child Care Development Board must also approve in writing a
109-17 sublease or assignment of the lease. (V.A.C.S. Art. 601b, Sec.
109-18 4.15(g).)
109-19 Sec. 2165.210. REFUSAL TO LEASE SPACE OR PERMIT AN ACTIVITY.
109-20 The commission may refuse to lease space to a person or to permit
109-21 an activity in a space if the commission considers the refusal to
109-22 be in the state's best interests, except that on the Child Care
109-23 Development Board's selection and approval of suitable space for a
109-24 child care facility in a state-owned building, the commission may
109-25 not refuse to lease the space to that child care provider.
109-26 (V.A.C.S. Art. 601b, Sec. 4.15(h).)
109-27 Sec. 2165.211. USE OF LEASE PROCEEDS. Money received from a
110-1 lease under this subchapter may be used only for building and
110-2 property services performed by the commission. (V.A.C.S.
110-3 Art. 601b, Sec. 4.15(i).)
110-4 Sec. 2165.212. VENDING FACILITIES; TEXAS COMMISSION FOR THE
110-5 BLIND. (a) The commission shall request the Texas Commission for
110-6 the Blind to determine under Section 94.003, Human Resources Code,
110-7 whether it is feasible to install a vending facility in a building
110-8 in which the commission intends to lease space to a private tenant,
110-9 other than a child care provider. If the installation of the
110-10 facility is feasible, the commission shall permit the installation
110-11 in accordance with Chapter 94, Human Resources Code.
110-12 (b) If a vending facility is installed, the commission may
110-13 not lease space in the building to a tenant that the commission,
110-14 after consultation with the Texas Commission for the Blind,
110-15 determines would be in direct competition with the vending
110-16 facility.
110-17 (c) If the Texas Commission for the Blind determines that
110-18 the installation of a vending facility is not feasible, the
110-19 commission shall lease space to at least one private tenant whose
110-20 activity in the building will be managed by a blind person or by a
110-21 person with a disability who is not blind. (V.A.C.S. Art. 601b,
110-22 Sec. 4.15(j).)
110-23 Sec. 2165.213. AD VALOREM TAXATION. (a) Space leased to a
110-24 private tenant is subject to ad valorem taxation in accordance with
110-25 Section 11.11(d), Tax Code.
110-26 (b) The space is not subject to taxation if:
110-27 (1) the private tenant would be entitled to an
111-1 exemption from taxation of the space if the tenant owned the space
111-2 instead of leasing it; or
111-3 (2) the tenant uses the space for a child care
111-4 facility. (V.A.C.S. Art. 601b, Sec. 4.15(k).)
111-5 Sec. 2165.214. PREFERENCE IN LEASING TO CERTAIN EXISTING
111-6 VENDING FACILITIES. Notwithstanding the other provisions of this
111-7 subchapter or Chapters 2155-2158, the commission shall give a
111-8 preference, when leasing space in a state-owned building for the
111-9 operation of a vending facility as defined by Chapter 94, Human
111-10 Resources Code, to an existing lessee, licensee, or contractor who
111-11 operates a vending facility on the property if:
111-12 (1) the existing lessee, licensee, or contractor has
111-13 operated a vending facility on the property for not less than 10
111-14 years;
111-15 (2) Chapter 94, Human Resources Code, does not apply
111-16 to the property;
111-17 (3) the commission finds there is a history of quality
111-18 and reliable service; and
111-19 (4) the proposal of the existing lessee, licensee, or
111-20 contractor for the right to continue operation of the facility is
111-21 consistent with the historical quality of service and the
111-22 historical retail pricing structure at the facility. (V.A.C.S.
111-23 Art. 601b, Sec. 4.15(l).)
111-24 Sec. 2165.215. PURCHASE OF BUILDING SUBJECT TO EXISTING
111-25 LEASES. (a) If the commission determines under Section 2166.452
111-26 or 2166.453 that the purchase of an existing building is more
111-27 advantageous to the state than constructing a new building or
112-1 continuing to lease space for a state agency, but a purchase of the
112-2 building would be subject to existing leases to private tenants
112-3 that exceed 15 percent of the building's total space, the
112-4 commission may purchase the building subject to existing leases
112-5 notwithstanding Section 2165.205.
112-6 (b) On expiration of a private tenant's existing lease, the
112-7 commission may renew the lease subject to this subchapter,
112-8 including Section 2165.205. (V.A.C.S. Art. 601b, Sec. 4.15(m).)
112-9 (Sections 2165.216-2165.250 reserved for expansion)
112-10 SUBCHAPTER F. PARTICULAR BUILDINGS AND PROPERTY
112-11 Sec. 2165.251. OLD STATE BOARD OF INSURANCE BUILDING. The
112-12 space in the old State Board of Insurance State Office Building,
112-13 located on San Jacinto Street between 11th and 12th streets in
112-14 Austin, is allocated to the legislature and legislative agencies
112-15 for their use. The presiding officers of each house of the
112-16 legislature shall jointly allocate space within the building.
112-17 (V.A.C.S. Art. 601b, Sec. 4.01(b-1).)
112-18 Sec. 2165.252. TEXAS JUDICIAL COMPLEX. (a) "Texas Judicial
112-19 Complex" is the collective name of the Supreme Court Building, the
112-20 Tom C. Clark State Courts Building, and the Price Daniel, Sr.,
112-21 Building.
112-22 (b) The commission may allocate space in buildings in the
112-23 Texas Judicial Complex only to:
112-24 (1) a court;
112-25 (2) a judicial agency;
112-26 (3) the attorney general's office;
112-27 (4) the Texas Department of Criminal Justice;
113-1 (5) the Texas Youth Commission;
113-2 (6) the Criminal Justice Policy Council;
113-3 (7) the State Commission on Judicial Conduct;
113-4 (8) the State Office of Administrative Hearings;
113-5 (9) the Board of Law Examiners;
113-6 (10) the Council on Sex Offender Treatment;
113-7 (11) building security;
113-8 (12) building maintenance; or
113-9 (13) a vending facility operated under Chapter 94,
113-10 Human Resources Code. (V.A.C.S. Art. 601b, Secs. 4.01(d), 4.082.)
113-11 Sec. 2165.253. USE OF ROOM IN STATE CAPITOL BUILDING. A
113-12 person may not use a room, apartment, or office in the State
113-13 Capitol as a bedroom or for a private purpose. This section does
113-14 not apply to the offices and living quarters occupied by the
113-15 lieutenant governor or the speaker of the house of representatives.
113-16 (V.A.C.S. Art. 601b, Sec. 4.04.)
113-17 Sec. 2165.254. STATE CAPITOL BUILDING: SAFE PLACE FOR
113-18 RUNAWAY YOUTH DESIGNATION. The State Capitol is designated a safe
113-19 place for runaway youth. The commission shall devise a plan to
113-20 provide services and assistance to runaway youth seeking services
113-21 at the State Capitol following standards set by national
113-22 organizations with expertise in services for runaway youth,
113-23 including the Project Safe Place Program. In this section:
113-24 (1) "Youth" means a person younger than 18 years of
113-25 age.
113-26 (2) "Safe place" means a place that provides
113-27 short-term crisis-oriented assistance and services to runaway
114-1 youth. (V.A.C.S. Art. 601b, Sec. 4.17.)
114-2 Sec. 2165.255. CONSENT OF LEGISLATURE REQUIRED FOR
114-3 CONSTRUCTION ON STATE CAPITOL GROUNDS; PENALTY. (a) A person,
114-4 including a state officer or employee, commits an offense if,
114-5 without the prior express consent of the legislature, the person:
114-6 (1) builds, erects, or maintains a building, memorial,
114-7 monument, statue, concession, or other structure on the State
114-8 Capitol grounds; or
114-9 (2) creates a parking area, or lays additional paving
114-10 on the State Capitol grounds.
114-11 (b) It is not an offense under Subsection (a) to build or
114-12 maintain paved access and underground utility installations in the
114-13 area described by Subsection (a).
114-14 (c) An offense under Subsection (a) is a misdemeanor
114-15 punishable by:
114-16 (1) a fine of not less than $100 or more than $1,000;
114-17 (2) confinement in the county jail of Travis County
114-18 for not more than one year; or
114-19 (3) both the fine and confinement.
114-20 (d) A state officer who is subject to removal from office by
114-21 impeachment is subject to removal by that method for a violation of
114-22 Subsection (a). Any other state officer or employee who violates
114-23 Subsection (a) shall be dismissed immediately from state
114-24 employment.
114-25 (e) In this section, "State Capitol grounds" means the area
114-26 that surrounded the State Capitol on January 1, 1955, that was
114-27 bounded by 11th, Brazos, 13th, and Colorado streets, regardless of
115-1 whether the area was inside or outside the fence that enclosed part
115-2 of those grounds. (V.A.C.S. Art. 601b, Sec. 4.14.)
115-3 Sec. 2165.256. STATE CEMETERY AND OTHER BURIAL GROUNDS.
115-4 (a) The commission shall:
115-5 (1) control, manage, and beautify the grounds of the
115-6 State Cemetery;
115-7 (2) preserve the grounds of the cemetery and related
115-8 property; and
115-9 (3) protect the property from depreciation and injury.
115-10 (b) The commission shall procure and erect at the head of
115-11 each grave that does not have a permanent monument a marble obelisk
115-12 on which shall be engraved the name of the dead buried in the
115-13 grave.
115-14 (c) Persons eligible for burial in the State Cemetery are:
115-15 (1) a former member of the legislature or a member who
115-16 dies in office;
115-17 (2) a former elective state official or an elective
115-18 state official who dies in office;
115-19 (3) a former state official or a state official who
115-20 dies in office who has been appointed by the governor and confirmed
115-21 by the senate;
115-22 (4) a person specified by a governor's proclamation;
115-23 and
115-24 (5) a person specified by a concurrent resolution
115-25 adopted by the legislature.
115-26 (d) Grave spaces are allotted for:
115-27 (1) a person eligible for burial under Subsection (c);
116-1 (2) the person's spouse; and
116-2 (3) the person's unmarried child, if the child, on
116-3 September 1, 1979, or at the time of the child's death, is a
116-4 resident in a state eleemosynary institution.
116-5 (e) A child eligible for burial under Subsection (d)(3) must
116-6 be buried alongside the child's parent or parents.
116-7 (f) A grave plot may not be longer than eight feet nor wider
116-8 than five feet times the number of persons of one family authorized
116-9 to be buried alongside one another.
116-10 (g) A monument or statue may not be erected that is taller
116-11 than a monument or statue that existed in the State Cemetery on
116-12 September 1, 1979.
116-13 (h) A tree, shrub, or flower may not be planted in the State
116-14 Cemetery without the commission's written permission.
116-15 (i) A person may be buried on state property only in the
116-16 State Cemetery or in a cemetery maintained by a state eleemosynary
116-17 institution. Other state property, including the State Capitol
116-18 grounds, may not be used as a burial site.
116-19 (j) The commission shall allot and locate the necessary
116-20 number of grave plots authorized on application made by:
116-21 (1) the person primarily eligible for burial under
116-22 Subsection (c);
116-23 (2) the person's spouse; or
116-24 (3) the executor or administrator of the person's
116-25 estate. (V.A.C.S. Art. 601b, Sec. 4.10.)
116-26 Sec. 2165.257. FRENCH EMBASSY. (a) The property known as
116-27 the French Embassy is for the use and purposes of the Daughters of
117-1 the Republic of Texas. They may take full charge of the building
117-2 and use it as they consider proper.
117-3 (b) The French Embassy is the property of the state, and
117-4 title to the property remains in the commission's custody.
117-5 (V.A.C.S. Art. 601b, Sec. 4.11.)
117-6 Sec. 2165.258. OFFICE SPACE FOR DEPARTMENT OF PUBLIC SAFETY;
117-7 AMERICAN LEGION BUILDING. The commission shall provide office
117-8 space to the Department of Public Safety in the American Legion
117-9 Building or in another suitable facility acceptable to the
117-10 department for the Capitol District. (V.A.C.S. Art. 601b, Sec.
117-11 4.12.)
117-12 CHAPTER 2166. BUILDING CONSTRUCTION AND ACQUISITION
117-13 SUBCHAPTER A. GENERAL PROVISIONS
117-14 Sec. 2166.001. DEFINITIONS
117-15 Sec. 2166.002. APPLICABILITY OF CHAPTER
117-16 Sec. 2166.003. EXCEPTIONS
117-17 Sec. 2166.004. ADDITIONAL EXCEPTIONS
117-18 Sec. 2166.005. COMMISSION PARTICIPATION IN OTHER BUILDING
117-19 PROJECTS
117-20 Sec. 2166.006. LEGAL REPRESENTATION OF COMMISSION
117-21 Sec. 2166.007. VENUE
117-22 (Sections 2166.008-2166.050 reserved for expansion)
117-23 SUBCHAPTER B. GENERAL POWERS AND DUTIES OF COMMISSION
117-24 Sec. 2166.051. ADMINISTERING AGENCY
117-25 Sec. 2166.052. ACQUISITION AND DISPOSITION OF PROPERTY
117-26 Sec. 2166.053. CONTRACT AUTHORITY
117-27 Sec. 2166.054. TITLE TO AND CONTROL OF BUILDINGS; INITIAL
118-1 OCCUPANTS
118-2 Sec. 2166.055. EMINENT DOMAIN
118-3 Sec. 2166.056. GRANT OF EASEMENT OR RIGHT-OF-WAY
118-4 Sec. 2166.057. COORDINATION OF MULTIAGENCY PROJECTS
118-5 Sec. 2166.058. ASSISTANCE BY OTHER AGENCIES
118-6 Sec. 2166.059. ASSIGNMENT OF COMMISSION EMPLOYEE TO OTHER
118-7 AGENCY
118-8 Sec. 2166.060. SITE SELECTION AND CONSTRUCTION IN TEXAS
118-9 MUNICIPALITIES
118-10 Sec. 2166.061. GENERAL COMMISSION OVERSIGHT DURING
118-11 CONSTRUCTION
118-12 Sec. 2166.062. RULEMAKING AUTHORITY
118-13 Sec. 2166.063. FEDERAL REQUIREMENTS
118-14 (Sections 2166.064-2166.100 reserved for expansion)
118-15 SUBCHAPTER C. STATEWIDE PLANNING AND REPORTING
118-16 Sec. 2166.101. COMPILATION OF CONSTRUCTION AND MAINTENANCE
118-17 INFORMATION
118-18 Sec. 2166.102. LONG-RANGE PLAN FOR STATE AGENCY SPACE NEEDS
118-19 Sec. 2166.103. BIENNIAL REPORT ON SPACE NEEDS
118-20 Sec. 2166.104. BIENNIAL REPORT ON REQUESTED PROJECTS
118-21 (Sections 2166.105-2166.150 reserved for expansion)
118-22 SUBCHAPTER D. INDIVIDUAL PROJECT ANALYSIS
118-23 Sec. 2166.151. USING AGENCY'S GENERAL PROJECT DESCRIPTION;
118-24 INITIATION OF PROJECT ANALYSIS PROCESS
118-25 Sec. 2166.152. PREPARATION OF PROJECT ANALYSIS
118-26 Sec. 2166.153. CONTENTS OF PROJECT ANALYSIS
118-27 Sec. 2166.154. USE OF PROJECT ANALYSIS OR COST ESTIMATE IN
119-1 APPROPRIATIONS PROCESS
119-2 Sec. 2166.155. ESTIMATE OF PROJECT COSTS IN LIEU OF PROJECT
119-3 ANALYSIS
119-4 Sec. 2166.156. PREPARATION OF PRELIMINARY AND WORKING PLANS
119-5 AND SPECIFICATIONS
119-6 Sec. 2166.157. ACCOUNTING FOR PROJECT ANALYSIS EXPENSES
119-7 (Sections 2166.158-2166.200 reserved for expansion)
119-8 SUBCHAPTER E. PRIVATE DESIGN PROFESSIONALS
119-9 Sec. 2166.201. COMMISSION FILES ON PRIVATE DESIGN
119-10 PROFESSIONALS
119-11 Sec. 2166.202. SELECTION OF PRIVATE DESIGN
119-12 PROFESSIONAL; RULES
119-13 Sec. 2166.203. INTERVIEW NOTIFICATION TO PRIVATE DESIGN
119-14 PROFESSIONAL
119-15 Sec. 2166.204. USING AGENCY RECOMMENDATIONS
119-16 Sec. 2166.205. COMPENSATION OF PRIVATE DESIGN PROFESSIONAL
119-17 Sec. 2166.206. INFORMATION FURNISHED BY STATE
119-18 (Sections 2166.207-2166.250 reserved for expansion)
119-19 SUBCHAPTER F. PROJECT AUTHORIZATION; BIDDING AND
119-20 CONTRACT PROCEDURES
119-21 Sec. 2166.251. LEGISLATIVE AUTHORIZATIONS AND
119-22 APPROPRIATIONS
119-23 Sec. 2166.252. MODIFYING PROJECT TO CONFORM TO
119-24 APPROPRIATIONS
119-25 Sec. 2166.253. BIDDING PROCEDURES
119-26 Sec. 2166.254. REVIEW OF CERTAIN BIDS BY HISTORICAL
119-27 COMMISSION
120-1 Sec. 2166.255. AWARD OF CONTRACT
120-2 Sec. 2166.256. ACQUISITION OF ITEMS NOT FURNISHED UNDER
120-3 CONSTRUCTION CONTRACT
120-4 Sec. 2166.257. CONTRACT PAYMENT ADMINISTRATION
120-5 Sec. 2166.258. COMMON SURETY OR INSURER
120-6 Sec. 2166.259. SMALL CONTRACTOR PARTICIPATION ASSISTANCE
120-7 PROGRAM
120-8 (Sections 2166.260-2166.300 reserved for expansion)
120-9 SUBCHAPTER G. UNIFORM GENERAL CONDITIONS IN
120-10 STATE CONSTRUCTION CONTRACTS
120-11 Sec. 2166.301. EXCEPTIONS
120-12 Sec. 2166.302. ADOPTION OF CONDITIONS
120-13 Sec. 2166.303. UNIFORM TRENCH SAFETY CONDITIONS
120-14 Sec. 2166.304. PRE-BID CONFERENCE
120-15 Sec. 2166.305. REVIEW OF UNIFORM GENERAL CONDITIONS
120-16 (Sections 2166.306-2166.350 reserved for expansion)
120-17 SUBCHAPTER H. PROJECT INSPECTION
120-18 Sec. 2166.351. DEFINITIONS
120-19 Sec. 2166.352. CATEGORIES OF INSPECTION
120-20 Sec. 2166.353. DETAILED INSPECTION
120-21 Sec. 2166.354. GENERAL INSPECTION
120-22 Sec. 2166.355. PROFESSIONAL INSPECTION; RELATED SERVICES
120-23 Sec. 2166.356. FINAL INSPECTION; FINAL PAYMENT; INSPECTION
120-24 DURING GUARANTEE PERIOD
120-25 (Sections 2166.357-2166.400 reserved for expansion)
120-26 SUBCHAPTER I. CONSERVATION OF ENERGY AND WATER
120-27 Sec. 2166.401. EVALUATION OF ENERGY ALTERNATIVES
121-1 Sec. 2166.402. ENERGY CONSERVATION STANDARDS FOR ENTITIES
121-2 OTHERWISE EXCLUDED FROM CHAPTER
121-3 Sec. 2166.403. ALTERNATIVE ENERGY
121-4 Sec. 2166.404. XERISCAPE ON NEW CONSTRUCTION
121-5 Sec. 2166.405. XERISCAPE PHASE-IN
121-6 (Sections 2166.406-2166.450 reserved for expansion)
121-7 SUBCHAPTER J. ACQUISITION OF EXISTING BUILDINGS
121-8 Sec. 2166.451. ACQUISITION OF HISTORIC STRUCTURES
121-9 Sec. 2166.452. ACQUISITION OF EXISTING BUILDING AS ALTERNATIVE
121-10 TO NEW CONSTRUCTION
121-11 Sec. 2166.453. ACQUISITION OF EXISTING BUILDING AS ALTERNATIVE
121-12 TO LEASING SPACE
121-13 (Sections 2166.454-2166.500 reserved for expansion)
121-14 SUBCHAPTER K. MONUMENTS, MEMORIALS, AND HISTORIC SITES
121-15 Sec. 2166.501. MONUMENTS AND MEMORIALS
121-16 Sec. 2166.502. CONTRACTS WITH TEXAS HISTORICAL COMMISSION
121-17 Sec. 2166.503. ACQUISITION OF ARCHAEOLOGICAL, PALEONTOLOGICAL,
121-18 AND HISTORIC SITES
121-19 (Sections 2166.504-2166.550 reserved for expansion)
121-20 SUBCHAPTER L. SPECIAL USES AND FACILITIES
121-21 Sec. 2166.551. CHILD CARE FACILITY IN STATE BUILDING
121-22 Sec. 2166.552. FINE ARTS PROJECTS
121-23 Sec. 2166.553. ACQUISITION AND CONSTRUCTION OF BUILDINGS FOR
121-24 HEALTH AND HUMAN SERVICE AGENCIES
121-25 CHAPTER 2166. BUILDING CONSTRUCTION AND ACQUISITION
121-26 SUBCHAPTER A. GENERAL PROVISIONS
121-27 Sec. 2166.001. DEFINITIONS. In this chapter:
122-1 (1) "Construction" includes acquisition and
122-2 reconstruction.
122-3 (2) "Cost of a project" includes the cost of:
122-4 (A) real estate;
122-5 (B) other property;
122-6 (C) rights and easements;
122-7 (D) utility services;
122-8 (E) site development;
122-9 (F) construction and initial furnishing and
122-10 equipment;
122-11 (G) architectural, engineering, and legal
122-12 services;
122-13 (H) surveys, plans, and specifications; and
122-14 (I) other costs, including those incurred by the
122-15 commission, that are necessary or incidental to determining the
122-16 feasibility or practicability of a project.
122-17 (3) "Private design professional" means a design
122-18 professional as described by Subdivisions (6)(A) and (B)(ii).
122-19 (4) "Project" means a building construction project
122-20 that is financed wholly or partly by a specific appropriation, a
122-21 bond issue, or federal money. The term includes the construction
122-22 of:
122-23 (A) a building, structure, or appurtenant
122-24 facility or utility, including the acquisition and installation of
122-25 original equipment and original furnishings; and
122-26 (B) an addition to, or alteration,
122-27 rehabilitation, or repair of, an existing building, structure, or
123-1 appurtenant facility or utility.
123-2 (5) "Project analysis" means work done before the
123-3 legislative appropriation for a project to develop a reliable
123-4 estimate of the cost of the project to be used in the
123-5 appropriations request.
123-6 (6) "Design professional" means an individual
123-7 registered as an architect under Chapter 478, Acts of the 45th
123-8 Legislature, Regular Session, 1937 (Article 249a, Vernon's Texas
123-9 Civil Statutes), or a person registered as a professional engineer
123-10 under The Texas Engineering Practice Act (Article 3271a, Vernon's
123-11 Texas Civil Statutes):
123-12 (A) who provides professional architectural or
123-13 engineering services and has overall responsibility for the design
123-14 of a building construction undertaking; and
123-15 (B) who:
123-16 (i) is employed on a salary basis; or
123-17 (ii) is in private practice and is
123-18 retained for a specific project under a contract with the
123-19 commission.
123-20 (7) "Rehabilitation" includes renewal, restoration,
123-21 extension, enlargement, and improvement.
123-22 (8) "Stage construction" means the construction of a
123-23 project in phases, with each phase resulting in one or more
123-24 buildings or structures that individually or together are capable
123-25 of use, regardless of whether later phases of the project are
123-26 authorized.
123-27 (9) "Using agency" means:
124-1 (A) an instrumentality of the state that
124-2 occupies and uses a state-owned or state-leased building; or
124-3 (B) the commission, with respect to a
124-4 state-owned building maintained by the commission. (V.A.C.S.
124-5 Art. 601b, Sec. 5.12 (part).)
124-6 Sec. 2166.002. APPLICABILITY OF CHAPTER. This chapter
124-7 applies only to a building construction project of the state.
124-8 (V.A.C.S. Art. 601b, Sec. 5.13(a) (part).)
124-9 Sec. 2166.003. EXCEPTIONS. (a) Unless otherwise provided,
124-10 this chapter does not apply to:
124-11 (1) a project constructed by and for the Texas
124-12 Department of Transportation;
124-13 (2) a project constructed by and for a state
124-14 institution of higher education;
124-15 (3) a pen, shed, or ancillary building constructed by
124-16 and for the Department of Agriculture for the processing of
124-17 livestock before export;
124-18 (4) a project constructed by the Parks and Wildlife
124-19 Department;
124-20 (5) a repair or rehabilitation project, except a major
124-21 renovation, of buildings and grounds on the commission inventory;
124-22 (6) a repair and rehabilitation project of another
124-23 using agency, if all labor for the project is provided by the
124-24 regular maintenance force of the using agency under specific
124-25 legislative authorization and the project does not require the
124-26 advance preparation of working plans or drawings; or
124-27 (7) a repair and rehabilitation project involving the
125-1 use of contract labor, if the project has been excluded from this
125-2 chapter by commission rule and does not require the advance
125-3 preparation of working plans or drawings.
125-4 (b) Only Sections 2166.104, 2166.151-2166.155, 2166.251,
125-5 2166.252, and Subchapter H apply to a construction project
125-6 undertaken by or for the institutional division of the Texas
125-7 Department of Criminal Justice. (V.A.C.S. Art. 601b, Secs. 5.13(a)
125-8 (part), (c), (d).)
125-9 Sec. 2166.004. ADDITIONAL EXCEPTIONS. In addition to the
125-10 exceptions provided by Section 2166.003, this chapter does not
125-11 apply to:
125-12 (1) a project constructed by or under the supervision
125-13 of a public authority created by the laws of this state; or
125-14 (2) a state-aided local government project. (V.A.C.S.
125-15 Art. 601b, Sec. 5.14.)
125-16 Sec. 2166.005. COMMISSION PARTICIPATION IN OTHER BUILDING
125-17 PROJECTS. (a) Section 2166.003 does not prohibit the commission
125-18 from undertaking on a cost recovery basis a project generally
125-19 excluded from the application of this chapter by that section.
125-20 (b) A service provided under this section is not subject to
125-21 the requirements of Chapter 771. The commission shall establish a
125-22 system of charges and billings for services provided to ensure
125-23 recovery of the cost of providing the services and shall submit a
125-24 purchase voucher or a journal voucher after the close of each month
125-25 to an agency for which services were performed. (V.A.C.S.
125-26 Art. 601b, Sec. 5.13(b) (part).)
125-27 Sec. 2166.006. LEGAL REPRESENTATION OF COMMISSION. (a) The
126-1 attorney general shall represent the commission in legal matters.
126-2 (b) The attorney general may employ special assistants to
126-3 assist in the performance of duties arising under this chapter.
126-4 (V.A.C.S. Art. 601b, Sec. 5.15(e).)
126-5 Sec. 2166.007. VENUE. A suit for breach of a contract under
126-6 this chapter shall be brought in Travis County. (V.A.C.S.
126-7 Art. 601b, Sec. 5.15(f).)
126-8 (Sections 2166.008-2166.050 reserved for expansion)
126-9 SUBCHAPTER B. GENERAL POWERS AND DUTIES OF COMMISSION
126-10 Sec. 2166.051. ADMINISTERING AGENCY. The commission shall
126-11 administer this chapter. (V.A.C.S. Art. 601b, Sec. 5.15(a)
126-12 (part).)
126-13 Sec. 2166.052. ACQUISITION AND DISPOSITION OF PROPERTY. (a)
126-14 The commission, as provided by law and by legislative
126-15 appropriation, may:
126-16 (1) acquire necessary real and personal property and
126-17 modernize, remodel, build, or equip buildings for state purposes;
126-18 and
126-19 (2) contract as necessary to accomplish these
126-20 purposes.
126-21 (b) The commission may not sell or otherwise dispose of real
126-22 property of the state except by specific authority granted by the
126-23 legislature. (V.A.C.S. Art. 601b, Sec. 5.01(a).)
126-24 Sec. 2166.053. CONTRACT AUTHORITY. To the extent permitted
126-25 by appropriations, the commission may take action and contract to
126-26 obtain sites that it considers necessary for the orderly future
126-27 development of the state building program. (V.A.C.S. Art. 601b,
127-1 Sec. 5.02(a).)
127-2 Sec. 2166.054. TITLE TO AND CONTROL OF BUILDINGS; INITIAL
127-3 OCCUPANTS. (a) The commission shall obtain title for the state
127-4 and retain control of:
127-5 (1) real property acquired for a building site; and
127-6 (2) any building located on the site.
127-7 (b) The commission or the legislature shall determine the
127-8 initial state agency occupants of a building.
127-9 (c) This section applies only to a state building that has
127-10 been or may be constructed in the municipality of Austin by the
127-11 commission. (V.A.C.S. Art. 601b, Sec. 5.04.)
127-12 Sec. 2166.055. EMINENT DOMAIN. The commission may exercise
127-13 the power of eminent domain under the general laws to obtain a
127-14 building site. (V.A.C.S. Art. 601b, Sec. 5.03.)
127-15 Sec. 2166.056. GRANT OF EASEMENT OR RIGHT-OF-WAY. (a) The
127-16 commission may grant a permanent or temporary easement or
127-17 right-of-way over and on the land of a state agency on a project
127-18 administered by the commission if it is necessary to ensure the
127-19 efficient and expeditious construction, improvement, renovation,
127-20 use, or operation of a building or facility of the project.
127-21 (b) The commission shall submit an easement or right-of-way
127-22 that may extend beyond the period of construction to the asset
127-23 management division of the General Land Office for written comment
127-24 not later than the 30th day before the date it is granted by the
127-25 commission.
127-26 (c) The commission shall consider comments submitted by the
127-27 asset management division of the General Land Office before
128-1 granting an easement or right-of-way. (V.A.C.S. Art. 601b, Sec.
128-2 5.11.)
128-3 Sec. 2166.057. COORDINATION OF MULTIAGENCY PROJECTS. The
128-4 commission is the coordinating authority for the construction of
128-5 any multiagency state office building authorized by the
128-6 legislature. (V.A.C.S. Art. 601b, Sec. 5.15(a) (part).)
128-7 Sec. 2166.058. ASSISTANCE BY OTHER AGENCIES. (a) The
128-8 commission may call on a department of state government to assist
128-9 it in executing this chapter.
128-10 (b) The commission may call on the Texas Department of
128-11 Transportation to make appropriate tests and analyses of the
128-12 natural materials at the site of a building proposed to be
128-13 constructed under this chapter to ensure that the foundation of the
128-14 building is adequate for the building's life. (V.A.C.S. Art. 601b,
128-15 Secs. 5.02(b), 5.05.)
128-16 Sec. 2166.059. ASSIGNMENT OF COMMISSION EMPLOYEE TO OTHER
128-17 AGENCY. (a) The commission may assign a qualified professional
128-18 employee to a using agency if, because of the volume of projects,
128-19 the commission and using agency agree that full-time coordination
128-20 between them is beneficial. The commission and using agency shall
128-21 jointly determine the qualifications and duties of the assigned
128-22 employee.
128-23 (b) The salary and related expenses of an assigned employee
128-24 shall be charged against the projects of the using agency to which
128-25 the employee is assigned.
128-26 (c) The commission shall terminate the assignment if the
128-27 commission determines it is not required. (V.A.C.S. Art. 601b,
129-1 Sec. 5.15(c).)
129-2 Sec. 2166.060. SITE SELECTION AND CONSTRUCTION IN TEXAS
129-3 MUNICIPALITIES. (a) The commission may select and purchase a site
129-4 in a municipality in this state to construct a state office
129-5 building and adjoining parking spaces if the construction is
129-6 considered necessary to house a state department or agency in the
129-7 municipality.
129-8 (b) The commission may plan, construct, and initially equip
129-9 a state office building and adjoining parking spaces on the site
129-10 selected and purchased. (V.A.C.S. Art. 601b, Sec. 5.10(a).)
129-11 Sec. 2166.061. GENERAL COMMISSION OVERSIGHT DURING
129-12 CONSTRUCTION. The commission is responsible for protecting the
129-13 state's interests during the actual construction of a project
129-14 subject to this chapter. (V.A.C.S. Art. 601b, Sec. 5.21 (part).)
129-15 Sec. 2166.062. RULEMAKING AUTHORITY. (a) The commission
129-16 may adopt rules necessary to implement its powers and duties under
129-17 this chapter.
129-18 (b) A rule adopted under this section is binding on a state
129-19 agency on filing of the rule with the secretary of state.
129-20 (c) The commission shall prepare and publish a manual to
129-21 assist using agencies in complying with this chapter and commission
129-22 rules.
129-23 (d) Copies of the manual required by this section shall be:
129-24 (1) distributed to using agencies; and
129-25 (2) available to architects, engineers, contractors,
129-26 and others who need and request copies. (V.A.C.S. Art. 601b, Sec.
129-27 5.15(d).)
130-1 Sec. 2166.063. FEDERAL REQUIREMENTS. (a) The commission
130-2 may waive, suspend, or modify a provision of this chapter that
130-3 conflicts with a federal statute or a rule, regulation, or
130-4 administrative procedure of a federal agency if a waiver,
130-5 suspension, or modification is essential to receive federal money
130-6 for a project.
130-7 (b) If a project is wholly financed with federal money, a
130-8 standard required by an enabling federal statute or required by a
130-9 rule or regulation of the administering federal agency controls.
130-10 (V.A.C.S. Art. 601b, Sec. 5.15(g).)
130-11 (Sections 2166.064-2166.100 reserved for expansion)
130-12 SUBCHAPTER C. STATEWIDE PLANNING AND REPORTING
130-13 Sec. 2166.101. COMPILATION OF CONSTRUCTION AND MAINTENANCE
130-14 INFORMATION. (a) This section applies to a state-owned building,
130-15 including a building otherwise exempt from this chapter under
130-16 Section 2166.003.
130-17 (b) The commission shall biennially obtain the following
130-18 information for each state-owned building from the using agency:
130-19 (1) the year of completion;
130-20 (2) the general construction type;
130-21 (3) the size;
130-22 (4) the use; and
130-23 (5) the general condition.
130-24 (c) The commission shall, for a building completed on or
130-25 after September 1, 1979, obtain from a using agency information
130-26 showing the total cost of the project and the cost of construction
130-27 with other information necessary to meaningfully compare the cost
131-1 of similar buildings.
131-2 (d) The commission shall summarize its findings on the
131-3 status of state-owned buildings and current information on
131-4 construction costs in a report it shall make available to the
131-5 governor, the legislature, and the state's budget offices.
131-6 (e) State agencies, departments, and institutions shall
131-7 cooperate with the commission in providing the information
131-8 necessary for the report. (V.A.C.S. Art. 601b, Secs. 5.13(b)
131-9 (part), 5.31.)
131-10 Sec. 2166.102. LONG-RANGE PLAN FOR STATE AGENCY SPACE NEEDS.
131-11 (a) The commission shall prepare a long-range plan on the needs of
131-12 state agencies in Travis County that obtain or occupy space under
131-13 this subtitle.
131-14 (b) The commission shall maintain a six-year capital
131-15 planning cycle and shall file a master facilities plan with the
131-16 Governor's Office of Budget and Planning and the Legislative Budget
131-17 Board before July 1 of each even-numbered year.
131-18 (c) The master facilities plan must contain:
131-19 (1) a projection of the amount of space needed by
131-20 state agencies;
131-21 (2) an examination of the use, age, condition, and
131-22 economic life of state-owned buildings on the commission's
131-23 inventory;
131-24 (3) an analysis, in accordance with Subchapter D, of
131-25 projects that have been requested by state agencies;
131-26 (4) an examination of the extent to which the state
131-27 satisfies its need for space by leasing building space;
132-1 (5) an examination of state-paid operation and
132-2 maintenance costs, including costs for telecommunications services,
132-3 for existing buildings owned or leased by the state;
132-4 (6) a discussion of the economic and market conditions
132-5 affecting the costs of the construction or lease of buildings;
132-6 (7) an analysis of whether the state will benefit more
132-7 from satisfying its needs for space by:
132-8 (A) engaging in new projects;
132-9 (B) leasing built space; or
132-10 (C) satisfying its needs in another manner; and
132-11 (8) other information relevant to the long-range plan
132-12 that is:
132-13 (A) considered appropriate by the commission; or
132-14 (B) requested in writing by the governor or the
132-15 presiding officer of either house of the legislature.
132-16 (d) Each state agency housed wholly or partly in a facility
132-17 on the commission's inventory or in a facility leased by the
132-18 commission shall participate in the long-range planning process
132-19 required by this section. (V.A.C.S. Art. 601b, Sec. 5.35.)
132-20 Sec. 2166.103. BIENNIAL REPORT ON SPACE NEEDS. (a) The
132-21 commission shall continuously survey the state's office space needs
132-22 to determine the space needed and the location of the need.
132-23 (b) Before each legislative session, the commission shall
132-24 send to the governor, the lieutenant governor, the speaker of the
132-25 house of representatives, and the Legislative Budget Board a report
132-26 identifying counties in which more than 50,000 square feet of
132-27 usable office space is needed and the commission's recommendations
133-1 for meeting that need. The commission may recommend leasing or
133-2 purchasing and renovating one or more existing buildings or
133-3 constructing one or more buildings.
133-4 (c) The commission may collect appropriate information it
133-5 considers necessary for preparing its recommendations and report.
133-6 (V.A.C.S. Art. 601b, Sec. 5.34(a).)
133-7 Sec. 2166.104. BIENNIAL REPORT ON REQUESTED PROJECTS. (a)
133-8 On or before a date specified by the state's budget agencies in
133-9 each year immediately preceding a regular session of the
133-10 legislature, the commission shall send to the budget agencies a
133-11 report listing all projects requested under Subchapter D.
133-12 (b) The report must contain:
133-13 (1) a brief and specific justification prepared by the
133-14 using agency for each project;
133-15 (2) a summary of the project analysis or, if the
133-16 analysis was not made, a statement briefly describing the method
133-17 used to estimate costs for the project;
133-18 (3) a project cost estimate developed in accordance
133-19 with Subchapter D, detailed enough to allow the budget agencies,
133-20 the governor, and the legislature the widest possible latitude in
133-21 developing policy regarding each project request;
133-22 (4) an estimate, prepared by the commission with the
133-23 cooperation of both the using agency and any private design
133-24 professional retained, of the annual cost of maintaining the
133-25 completed project, including the estimated cost of utility
133-26 services; and
133-27 (5) an estimate, prepared by the using agency, of the
134-1 annual cost of staffing and operating the completed project,
134-2 excluding maintenance cost.
134-3 (c) If appropriate, the commission, with the using agency's
134-4 approval, may indicate:
134-5 (1) the feasibility of stage construction of a
134-6 requested project; and
134-7 (2) the degree to which money will be required in the
134-8 next biennium if the project is undertaken in stages.
134-9 (d) If a using agency requests three or more projects, it
134-10 shall designate its priority rating for each project. The budget
134-11 agencies shall, with the commission's cooperation, develop detailed
134-12 instructions to implement the priority system required by this
134-13 subsection. The commission's report must show the designated
134-14 priority of each project to which a priority rating has been
134-15 assigned. (V.A.C.S. Art. 601b, Secs. 5.16(e), (f).)
134-16 (Sections 2166.105-2166.150 reserved for expansion)
134-17 SUBCHAPTER D. INDIVIDUAL PROJECT ANALYSIS
134-18 Sec. 2166.151. USING AGENCY'S GENERAL PROJECT DESCRIPTION;
134-19 INITIATION OF PROJECT ANALYSIS PROCESS. (a) A using agency
134-20 requesting a project shall prepare and send to the commission a
134-21 general description of the project.
134-22 (b) The commission shall study a project description sent to
134-23 it and shall initiate the preparation of a project analysis for:
134-24 (1) a new construction project; and
134-25 (2) any other project for which, in the commission's
134-26 opinion, the cost of preparing a project analysis is justified.
134-27 (V.A.C.S. Art. 601b, Sec. 5.16(a).)
135-1 Sec. 2166.152. PREPARATION OF PROJECT ANALYSIS. (a) The
135-2 commission may retain a private design professional or use its own
135-3 staff to prepare a project analysis.
135-4 (b) A private design professional retained to prepare a
135-5 project analysis shall be selected as provided by Subchapter E.
135-6 (c) In preparing a project analysis, the commission and any
135-7 private design professional it retains shall cooperate and work
135-8 closely with the using agency so that the project analysis fully
135-9 reflects the using agency's needs.
135-10 (d) A contract to prepare a project analysis must specify
135-11 that the analysis becomes the commission's property. (V.A.C.S.
135-12 Art. 601b, Secs. 5.16(b), (c) (part).)
135-13 Sec. 2166.153. CONTENTS OF PROJECT ANALYSIS. (a) A project
135-14 analysis consists of:
135-15 (1) a complete description of the project and a
135-16 justification of the project prepared by the using agency;
135-17 (2) a detailed estimate of the amount of space needed
135-18 to meet the needs of the using agency and to allow for realistic
135-19 growth;
135-20 (3) a description of the proposed project prepared by
135-21 a design professional that:
135-22 (A) includes schematic plans and outline
135-23 specifications describing the type of construction and probable
135-24 materials to be used; and
135-25 (B) is sufficient to establish the general scope
135-26 and quality of construction;
135-27 (4) an estimate of the probable cost of construction;
136-1 (5) a description of the proposed site of the project
136-2 and an estimate of the cost of site preparation;
136-3 (6) an overall estimate of the cost of the project;
136-4 (7) information prepared under Section 2166.451 about
136-5 historic structures considered as alternatives to new construction;
136-6 (8) an evaluation of energy alternatives as required
136-7 by Section 2166.401; and
136-8 (9) other information required by the commission.
136-9 (b) A project analysis may include two or more alternative
136-10 proposals for meeting the using agency's space needs by:
136-11 (1) new construction;
136-12 (2) the acquisition and rehabilitation of an existing
136-13 or historic structure; or
136-14 (3) a combination of new and existing structures.
136-15 (c) If any part of a project involves the construction or
136-16 rehabilitation of a building that is to be used primarily as a
136-17 parking garage or for office space for state government, the
136-18 project analysis also must include:
136-19 (1) a description of the amount and location of space
136-20 in the building that can be made available for lease to private
136-21 tenants under Subchapter E, Chapter 2165; or
136-22 (2) a statement of the reason that lease of space in
136-23 the building to private tenants is not feasible.
136-24 (d) All estimates involved in the preparation of a project
136-25 analysis shall be carefully and fully documented and incorporated
136-26 into the project analysis. (V.A.C.S. Art. 601b, Sec. 5.16(c)
136-27 (part).)
137-1 Sec. 2166.154. USE OF PROJECT ANALYSIS OR COST ESTIMATE IN
137-2 APPROPRIATIONS PROCESS. The using agency shall use the cost of the
137-3 project as determined by the project analysis or the cost estimate
137-4 developed under Section 2166.155 as the basis of a request to the
137-5 state's budget offices. (V.A.C.S. Art. 601b, Secs. 5.16(c) (part),
137-6 (d) (part).)
137-7 Sec. 2166.155. ESTIMATE OF PROJECT COSTS IN LIEU OF PROJECT
137-8 ANALYSIS. (a) If the commission determines that the cost of a
137-9 project analysis is not justified or required, the commission
137-10 shall, in cooperation with the using agency, develop a realistic
137-11 estimate of the project's cost.
137-12 (b) If necessary, the commission shall arrange for an
137-13 on-site inspection and analysis of the proposed project by a
137-14 commission staff member.
137-15 (c) The commission shall inform a using agency of a cost
137-16 estimate developed under this section. (V.A.C.S. Art. 601b, Sec.
137-17 5.16(d) (part).)
137-18 Sec. 2166.156. PREPARATION OF PRELIMINARY AND WORKING PLANS
137-19 AND SPECIFICATIONS. (a) The preliminary plans and outline
137-20 specifications and the working plans and specifications for a
137-21 project shall be prepared by:
137-22 (1) a private design professional selected and
137-23 retained by the commission in accordance with Subchapter E; or
137-24 (2) unless the commission is required to retain a
137-25 design professional under Subsection (b), the commission's
137-26 professional staff.
137-27 (b) The commission shall retain a private design
138-1 professional for:
138-2 (1) a new construction project estimated to cost more
138-3 than $100,000; or
138-4 (2) a new construction project for which the using
138-5 agency requests a private design professional.
138-6 (c) The commission shall ensure that plans and
138-7 specifications:
138-8 (1) are clear and complete;
138-9 (2) permit execution of the project with appropriate
138-10 economy and efficiency; and
138-11 (3) conform with the requirements described by the
138-12 previously prepared project analysis.
138-13 (d) The commission must approve plans and specifications
138-14 before the using agency may accept or use them. (V.A.C.S.
138-15 Art. 601b, Sec. 5.20(a).)
138-16 Sec. 2166.157. ACCOUNTING FOR PROJECT ANALYSIS EXPENSES.
138-17 When the legislature approves a project and appropriates money for
138-18 its construction, the engineering, architectural, and other
138-19 planning expenses necessary to make a project analysis are the
138-20 first charge against the project for which the analysis was made.
138-21 (V.A.C.S. Art. 601b, Sec. 5.24 (part).)
138-22 (Sections 2166.158-2166.200 reserved for expansion)
138-23 SUBCHAPTER E. PRIVATE DESIGN PROFESSIONALS
138-24 Sec. 2166.201. COMMISSION FILES ON PRIVATE DESIGN
138-25 PROFESSIONALS. (a) The commission shall maintain a file of all
138-26 prospective private design professionals who express an interest in
138-27 building construction projects of the state.
139-1 (b) The commission shall include in the file information
139-2 that the commission considers essential and advisable, with
139-3 brochures and exhibits submitted by each private design
139-4 professional.
139-5 (c) A prospective private design professional may submit
139-6 additional brochures, exhibits, and information that the design
139-7 professional considers necessary to keep the files current and that
139-8 are in accordance with the design professional's ethical practice.
139-9 (d) A using agency may inspect the files. (V.A.C.S.
139-10 Art. 601b, Sec. 5.22(a).)
139-11 Sec. 2166.202. SELECTION OF PRIVATE DESIGN PROFESSIONAL;
139-12 RULES. (a) The commission is responsible for selecting any
139-13 private design professional retained for a project subject to this
139-14 chapter.
139-15 (b) The commission, in consultation with the Texas Board of
139-16 Architectural Examiners and the State Board of Registration for
139-17 Professional Engineers, shall adopt by rule criteria to evaluate
139-18 the competence and qualifications of a prospective private design
139-19 professional.
139-20 (c) The commission shall select a private design
139-21 professional in accordance with a rule adopted under this section
139-22 and the ethical standards of the professional societies of
139-23 architects and engineers. (V.A.C.S. Art. 601b, Secs. 5.22(b)
139-24 (part), (c) (part).)
139-25 Sec. 2166.203. INTERVIEW NOTIFICATION TO PRIVATE DESIGN
139-26 PROFESSIONAL. (a) The commission shall notify a private design
139-27 professional selected for an interview of the person's selection
140-1 not later than the 30th day before the date of the interview to
140-2 allow preparation for the interview.
140-3 (b) Subsection (a) does not apply in an emergency situation
140-4 that:
140-5 (1) presents an imminent peril to the public health,
140-6 safety, or welfare;
140-7 (2) presents an imminent peril to property;
140-8 (3) requires expeditious action to prevent a hazard to
140-9 life, health, safety, welfare, or property; or
140-10 (4) requires expeditious action to avoid undue
140-11 additional cost to the state. (V.A.C.S. Art. 601b, Secs. 5.22(b)
140-12 (part), (d).)
140-13 Sec. 2166.204. USING AGENCY RECOMMENDATIONS. The commission
140-14 shall request that the using agency make recommendations regarding
140-15 private project designers. The commission shall consider the
140-16 recommendations in selecting a private design professional to be
140-17 retained for a particular project. (V.A.C.S. Art. 601b, Sec.
140-18 5.22(c) (part).)
140-19 Sec. 2166.205. COMPENSATION OF PRIVATE DESIGN PROFESSIONAL.
140-20 (a) A private design professional retained under this chapter
140-21 shall be compensated under this section.
140-22 (b) The commission shall establish compensation for a new
140-23 project or rehabilitation project by studying compensation paid in
140-24 this state by private clients for projects of comparable size and
140-25 complexity. Compensation may not exceed the minimum recommended
140-26 for similar projects by the:
140-27 (1) Texas Society of Architects, if the private design
141-1 professional is an architect; or
141-2 (2) Texas Society of Professional Engineers, if the
141-3 private design professional is an engineer.
141-4 (c) Compensation established by the commission covers all
141-5 professional services rendered by a private design professional,
141-6 including professional inspection as defined by Section 2166.351.
141-7 If the commission requires detailed inspection as defined by
141-8 Section 2166.351, the commission shall increase compensation by an
141-9 amount equal to the actual cost of providing the detailed
141-10 inspection.
141-11 (d) Compensation for preparation of a project analysis under
141-12 Subchapter D may not exceed one percent of the estimated cost of
141-13 construction. If the project is approved by the legislature in
141-14 substantially the form originally requested and the same private
141-15 design professional is retained for the later phases of design,
141-16 compensation paid for preparing the project analysis under this
141-17 subsection shall be deducted from compensation paid under
141-18 Subsections (b) and (c). (V.A.C.S. Art. 601b, Sec. 5.23 (part).)
141-19 Sec. 2166.206. INFORMATION FURNISHED BY STATE. The state
141-20 shall furnish to a private design professional retained under this
141-21 chapter:
141-22 (1) detailed information on space requirements and
141-23 relationships and the justification for, use of, and general
141-24 requirements for the project; and
141-25 (2) a complete site survey and soil analysis.
141-26 (V.A.C.S. Art. 601b, Sec. 5.23 (part).)
141-27 (Sections 2166.207-2166.250 reserved for expansion)
142-1 SUBCHAPTER F. PROJECT AUTHORIZATION; BIDDING AND
142-2 CONTRACT PROCEDURES
142-3 Sec. 2166.251. LEGISLATIVE AUTHORIZATIONS AND
142-4 APPROPRIATIONS. (a) Only the legislature may authorize a project.
142-5 (b) A legislative appropriation for a project is directly to
142-6 a using agency unless the project is to be constructed by the
142-7 commission, in which event the appropriation is to the commission.
142-8 (c) An appropriation for the construction of a project
142-9 expresses the legislative intent that the project be completed
142-10 within the limits of the appropriation.
142-11 (d) If the legislative authorization provides for stage
142-12 construction of a project, the commission shall proceed with the
142-13 project through the specifically authorized stage. (V.A.C.S.
142-14 Art. 601b, Secs. 5.17(a), (b) (part), (c).)
142-15 Sec. 2166.252. MODIFYING PROJECT TO CONFORM TO
142-16 APPROPRIATIONS. (a) If money appropriated for a project is less
142-17 than the amount originally requested or is less than the amount
142-18 required for the project as originally submitted to the state
142-19 budget agencies, the commission and the using agency shall confer
142-20 on how to bring the project cost within the amount appropriated.
142-21 The commission and the using agency shall make every effort to
142-22 comply with legislative intent to modify the project as originally
142-23 submitted.
142-24 (b) The commission shall notify the using agency that it
142-25 considers the project canceled if it is impossible to modify the
142-26 project to bring the cost within the amount appropriated.
142-27 (c) If authorized by an act appropriating money for a
143-1 project, a using agency may appeal the decision of the commission
143-2 to cancel a project to the governor by submitting a request that:
143-3 (1) the project be undertaken as stage construction;
143-4 or
143-5 (2) the money available for the project be
143-6 supplemented by the transfer of money appropriated to the same
143-7 using agency for other projects of equal or lower priority or from
143-8 the unused contingency reserves of any project of the same using
143-9 agency.
143-10 (d) The governor shall, after obtaining the advice of the
143-11 Legislative Budget Board, rule on a request submitted under
143-12 Subsection (c). If the ruling favors the using agency, the
143-13 commission shall proceed with the project. (V.A.C.S. Art. 601b,
143-14 Sec. 5.17(b) (part).)
143-15 Sec. 2166.253. BIDDING PROCEDURES. (a) After final
143-16 approval of a project's working plans and specifications and their
143-17 acceptance by a using agency, the commission shall advertise in two
143-18 or more newspapers of general circulation for bids or proposals for
143-19 the construction of and related work on the project.
143-20 (b) The commission shall allow bidders not less than 30 days
143-21 after the date the commission issues the bid documents to respond
143-22 to an invitation to bid. The commission may shorten the time for
143-23 response to prevent undue additional costs to a state agency or,
143-24 for emergency projects, to prevent or remove a hazard to life or
143-25 property. (V.A.C.S. Art. 601b, Sec. 5.20(c) (part).)
143-26 Sec. 2166.254. REVIEW OF CERTAIN BIDS BY HISTORICAL
143-27 COMMISSION. (a) Before a contract is awarded for the major repair
144-1 or renovation of a state structure designated by the Texas
144-2 Historical Commission as a Recorded Texas Historic Landmark, the
144-3 commission shall forward to the Texas Historical Commission a copy
144-4 of bids received and an evaluation of the bidders' qualifications.
144-5 (b) The Texas Historical Commission shall review the bids
144-6 and qualifications and recommend to the commission the bidder to
144-7 which the award should be made.
144-8 (c) The commission may award the contract to a bidder other
144-9 than the lowest bidder based on the Texas Historical Commission's
144-10 recommendation. (V.A.C.S. Art. 601b, Sec. 5.20(d).)
144-11 Sec. 2166.255. AWARD OF CONTRACT. (a) A contract shall be
144-12 awarded to the qualified bidder making the lowest and best bid in
144-13 accordance with the law on awarding a state contract.
144-14 (b) The commission may reject all bids.
144-15 (c) A contract may not be awarded for an amount greater than
144-16 the amount that the comptroller certifies to be available for the
144-17 project. (V.A.C.S. Art. 601b, Sec. 5.20(c) (part).)
144-18 Sec. 2166.256. ACQUISITION OF ITEMS NOT FURNISHED UNDER
144-19 CONSTRUCTION CONTRACT. Equipment or furnishings not constructed or
144-20 installed under a construction contract shall be acquired through
144-21 regular state purchasing methods. (V.A.C.S. Art. 601b, Sec.
144-22 5.20(g).)
144-23 Sec. 2166.257. CONTRACT PAYMENT ADMINISTRATION. (a) On
144-24 receipt of notice and itemized statements from the commission, the
144-25 comptroller shall:
144-26 (1) account for prior expenditures on behalf of a
144-27 project as expenditures from the project's appropriation, based on
145-1 the amount of those expenditures certified by the commission; and
145-2 (2) reserve from a project's appropriation an amount
145-3 estimated by the commission to be sufficient to cover contingencies
145-4 over the amounts obligated by contract or otherwise for:
145-5 (A) planning, engineering, and architectural
145-6 work;
145-7 (B) site acquisition and development; and
145-8 (C) construction, equipment, and furnishings
145-9 contracts.
145-10 (b) The money reserved under Subsection (a)(2) may be used
145-11 only if:
145-12 (1) the design professional or contractor recommends
145-13 and justifies the proposed contingency expenditures by submitting a
145-14 change order request;
145-15 (2) the proposed change order request is approved by
145-16 the design professional;
145-17 (3) the proposed change order request is approved by
145-18 the using agency and the agency makes a formal request for the
145-19 allocation of money from the contingency reserve; and
145-20 (4) the director of facilities construction and space
145-21 management appointed under Section 2152.104 investigates the nature
145-22 of the change order and concurs in the necessity of the proposed
145-23 expenditure or refuses to concur not later than the 15th day after
145-24 the date of receiving the request.
145-25 (c) If the director of facilities construction and space
145-26 management refuses to concur in a proposed contingency expenditure,
145-27 the using agency may appeal to the commission. The commission's
146-1 findings are final. The commission shall adopt rules on the
146-2 procedures for an appeal under this subsection.
146-3 (d) If an approved change order results in a reduction of
146-4 construction cost, the amount of the contingency reserve shall be
146-5 increased by the amount of the reduction.
146-6 (e) The comptroller shall issue warrants to pay progress
146-7 payments and final payments on construction under this chapter on
146-8 the commission's written approval. (V.A.C.S. Art. 601b, Secs.
146-9 5.20(e), (f).)
146-10 Sec. 2166.258. COMMON SURETY OR INSURER. (a) The
146-11 commission or an agency whose project is exempted from all or part
146-12 of this chapter under Section 2166.003 may negotiate an arrangement
146-13 advantageous to the state with a surety or an insurer, as
146-14 appropriate, authorized to do business in this state to furnish
146-15 bonds, insurance, or both that a contractor or subcontractor is
146-16 required to execute or carry to receive a contract or subcontract
146-17 on a project administered by the commission or other agency.
146-18 (b) Notwithstanding Section 1, Chapter 87, Acts of the 56th
146-19 Legislature, Regular Session, 1959 (Article 7.19-1, Vernon's Texas
146-20 Insurance Code), the commission or other agency may require a
146-21 contractor or subcontractor to meet part or all of the bonding or
146-22 insurance requirements for the project under the arrangement
146-23 negotiated by the commission or other agency. (V.A.C.S.
146-24 Art. 601b, Sec. 5.265.)
146-25 Sec. 2166.259. SMALL CONTRACTOR PARTICIPATION ASSISTANCE
146-26 PROGRAM. (a) This section applies only to a contract for a public
146-27 works project that has an estimated cost of more than $20 million.
147-1 (b) The commission shall maintain a small contractor
147-2 participation assistance program to ensure full opportunity for
147-3 participation in public works projects by small contractors. The
147-4 program must include a:
147-5 (1) system for the centralized purchase of necessary
147-6 insurance coverage for the public works project that is required
147-7 under Subsection (c);
147-8 (2) public outreach plan to:
147-9 (A) provide public information about the
147-10 program; and
147-11 (B) encourage small contractors to participate
147-12 in the program;
147-13 (3) technical assistance plan to aid small contractors
147-14 in developing the skills necessary to participate in the program in
147-15 accordance with Subsection (d); and
147-16 (4) financing assistance plan to provide
147-17 administrative and other assistance to small contractors in
147-18 obtaining necessary financing arrangements to make the
147-19 participation of those contractors possible.
147-20 (c) The commission shall provide for the centralized
147-21 purchasing of:
147-22 (1) workers' compensation insurance coverage;
147-23 (2) employer's liability insurance coverage;
147-24 (3) commercial general and excess liability coverage;
147-25 (4) payment and performance bonds; and
147-26 (5) other similar coverage the commission considers
147-27 necessary and reasonable for the public works project.
148-1 (d) A technical assistance plan adopted by the commission
148-2 must include information on and assistance in:
148-3 (1) bid estimation, the bidding process, scheduling,
148-4 and the understanding of bid documents;
148-5 (2) the reading of construction drawings and other
148-6 analogous documents;
148-7 (3) business accounting, bonds, and bond requirements;
148-8 (4) negotiation with general contractors; and
148-9 (5) other technical and administrative matters
148-10 considered appropriate and necessary given the complexity and scope
148-11 of the public works project.
148-12 (e) The commission may negotiate contracts with persons or
148-13 firms having expertise in the areas that must be included in the
148-14 commission's technical assistance plan to provide the information
148-15 and assistance.
148-16 (f) In this section:
148-17 (1) "Public works project" means a construction
148-18 project designed to serve the public necessity, use, or convenience
148-19 that is undertaken and executed by the commission, including a
148-20 project for the construction, alteration, or repair of a public
148-21 building.
148-22 (2) "Small contractor" means a contractor that
148-23 operates as a small-business concern as defined by the Small
148-24 Business Act (15 U.S.C. Chapter 14A). (V.A.C.S. Art. 601b, Sec.
148-25 5.37.)
148-26 (Sections 2166.260-2166.300 reserved for expansion)
148-27 SUBCHAPTER G. UNIFORM GENERAL CONDITIONS
149-1 IN STATE CONSTRUCTION CONTRACTS
149-2 Sec. 2166.301. EXCEPTIONS. Sections 2166.303 and 2166.304
149-3 do not apply to a contract made with a person subject to:
149-4 (1) the safety standards of Article 6053-1, Revised
149-5 Statutes; and
149-6 (2) the administrative penalty provisions of Article
149-7 6053-2, Revised Statutes. (V.A.C.S. Art. 601b, Sec. 5.26(a-5).)
149-8 Sec. 2166.302. ADOPTION OF CONDITIONS. The commission shall
149-9 adopt uniform general conditions to be incorporated into all
149-10 building construction contracts made by the state, including a
149-11 contract for a project excluded from this chapter by Section
149-12 2166.003, but not including a contract for a project excluded from
149-13 this chapter by Section 2166.004. (V.A.C.S. Art. 601b, Sec.
149-14 5.26(a).)
149-15 Sec. 2166.303. UNIFORM TRENCH SAFETY CONDITIONS. (a) The
149-16 uniform general conditions for a construction project in which
149-17 trench excavation will exceed a depth of five feet must require
149-18 that the bid documents provided to all bidders and the contract
149-19 include:
149-20 (1) a reference to the federal Occupational Safety and
149-21 Health Administration's standards for trench safety that will be in
149-22 effect during the construction of the project;
149-23 (2) a copy of the state's special shoring
149-24 requirements, if any, with a separate pay item for the special
149-25 shoring requirements;
149-26 (3) a copy of geotechnical information obtained by the
149-27 owner for use by the contractor in the design of the trench safety
150-1 system; and
150-2 (4) a separate pay item for trench excavation safety
150-3 protection.
150-4 (b) The separate pay item for trench safety is determined by
150-5 the linear feet of trench excavated. The separate pay item for the
150-6 state's special shoring requirements, if any, is determined by the
150-7 square feet of shoring used.
150-8 (c) In this section, "trench" has the meaning assigned by
150-9 the standards adopted by the federal Occupational Safety and Health
150-10 Administration. (V.A.C.S. Art. 601b, Secs. 5.26(a-1), (a-2),
150-11 (a-4).)
150-12 Sec. 2166.304. PRE-BID CONFERENCE. (a) A state agency may
150-13 require bidders to attend a pre-bid conference to coordinate a
150-14 geotechnical investigation of the project site by the bidders.
150-15 (b) In awarding a contract, an agency may not consider a bid
150-16 from a bidder who failed to attend a pre-bid conference required
150-17 under this section. (V.A.C.S. Art. 601b, Sec. 5.26(a-3).)
150-18 Sec. 2166.305. REVIEW OF UNIFORM GENERAL CONDITIONS. (a)
150-19 The commission shall require a review of the uniform general
150-20 conditions of state building construction contracts whenever the
150-21 commission considers review worthwhile, but not less frequently
150-22 than once every five years.
150-23 (b) A committee appointed by the commission shall perform
150-24 the review. The committee consists of:
150-25 (1) the director of facilities construction and space
150-26 management appointed under Section 2152.104, who serves ex officio
150-27 as the presiding officer of the committee and who votes only in
151-1 case of a tie;
151-2 (2) seven individuals appointed by the commission, one
151-3 each from the lists of nominees submitted respectively by the:
151-4 (A) president of the Texas Society of
151-5 Architects;
151-6 (B) president of the Texas Society of
151-7 Professional Engineers;
151-8 (C) presiding officer of the Executive Council
151-9 of the Texas Associated General Contractors Chapters;
151-10 (D) executive secretary of the Mechanical
151-11 Contractors Associations of Texas, Incorporated;
151-12 (E) executive secretary of the Texas Building
151-13 and Construction Trades Council;
151-14 (F) president of the Associated Builders and
151-15 Contractors of Texas; and
151-16 (G) executive director of the National
151-17 Association of Minority Contractors, with the list composed of
151-18 persons who reside in this state;
151-19 (3) one individual appointed by the commission
151-20 representing an institution of higher education, as defined by
151-21 Section 61.003, Education Code;
151-22 (4) one individual appointed by the commission
151-23 representing a state agency that has a substantial ongoing
151-24 construction program; and
151-25 (5) one individual appointed by the commission
151-26 representing the attorney general's office.
151-27 (c) Members of the committee serve without compensation but
152-1 may be reimbursed for actual and necessary expenses. (V.A.C.S.
152-2 Art. 601b, Sec. 5.26(b).)
152-3 (Sections 2166.306-2166.350 reserved for expansion)
152-4 SUBCHAPTER H. PROJECT INSPECTION
152-5 Sec. 2166.351. DEFINITIONS. In this subchapter:
152-6 (1) "Detailed inspection" means close, technical,
152-7 on-site examination of materials, structure, and equipment and
152-8 surveillance of the quality and methods of work, performed by one
152-9 or more full-time personnel at the project site, to reasonably
152-10 ensure that the project is accomplished in compliance with
152-11 information in the contract documents and with good construction
152-12 practices.
152-13 (2) "General inspection" means the examination and
152-14 inspection of the project at periodic intervals by commission
152-15 employees.
152-16 (3) "Professional inspection" means the periodic
152-17 examination of all elements of the project to reasonably ensure
152-18 that they meet the performance and design features and the
152-19 technical and functional requirements of the contract documents.
152-20 (V.A.C.S. Art. 601b, Secs. 5.21(1) (part), (2) (part), (3) (part).)
152-21 Sec. 2166.352. CATEGORIES OF INSPECTION. The three
152-22 categories of inspection during construction are:
152-23 (1) detailed inspection;
152-24 (2) general inspection; and
152-25 (3) professional inspection. (V.A.C.S. Art. 601b,
152-26 Sec. 5.21 (part).)
152-27 Sec. 2166.353. DETAILED INSPECTION. (a) The decision to
153-1 require a detailed inspection is in the commission's sole
153-2 discretion. The commission shall base its decision on the
153-3 project's size and complexity.
153-4 (b) The full cost of detailed inspection is a charge against
153-5 the project.
153-6 (c) A project construction inspector appointed by the design
153-7 professional with the commission's approval shall perform detailed
153-8 inspection.
153-9 (d) The project construction inspector shall:
153-10 (1) become thoroughly conversant with the drawings,
153-11 specifications, details, and general conditions for executing the
153-12 work;
153-13 (2) keep records of the work as required by the design
153-14 professional and the commission;
153-15 (3) make reports to the design professional with
153-16 copies to the commission and the using agency as required by the
153-17 design professional and the commission;
153-18 (4) maintain at the construction site copies of the
153-19 records and reports required under Subdivisions (2) and (3) with
153-20 the plans, specifications, shop drawings, change orders, and
153-21 correspondence dealing with the project;
153-22 (5) endeavor to ensure that the contractor is
153-23 fulfilling the requirements of the contract documents;
153-24 (6) endeavor to ensure that all authorized changes are
153-25 properly incorporated in the work and that a change is not made
153-26 unless properly authorized;
153-27 (7) notify the design professional if conditions
154-1 encountered at the project vary from the contract documents and
154-2 comply with the design professional's directives in endeavoring to
154-3 correct those conditions;
154-4 (8) review shop drawings in relation to their
154-5 adaptability to job conditions and advise the design professional
154-6 in that regard;
154-7 (9) endeavor to ensure that materials and equipment
154-8 furnished comply with the specifications;
154-9 (10) ensure that records are kept on construction
154-10 plans of the principal elements of mechanical and electrical
154-11 systems;
154-12 (11) ensure that accurate records are kept of all
154-13 underground utility installations at the project site, including
154-14 existing installations uncovered in the process of construction, so
154-15 that the information may be recorded on site plans or drawings that
154-16 may be established and maintained by the commission or the using
154-17 agency;
154-18 (12) keep a daily written log of all significant
154-19 happenings on the job, including the number of workers working each
154-20 day and the weather conditions during the day;
154-21 (13) observe and give prompt written notice to the
154-22 construction contractor's representative and the design
154-23 professional of noncompliance with contract documents on the part
154-24 of the contractor's representative and notify the design
154-25 professional and the commission of a failure to take corrective
154-26 measures promptly;
154-27 (14) initiate, attend, and participate in progress
155-1 meetings and inspections with the contractor;
155-2 (15) review every contractor's invoice against the
155-3 value of partially or fully completed work and the materials stored
155-4 at the project site before the invoice is forwarded to the design
155-5 professional and promptly notify the design professional of a
155-6 discrepancy between the review of the work and the invoice; and
155-7 (16) be responsible to the design professional for the
155-8 proper administration of the duties listed in this section and
155-9 comply with other instructions and assignments of the design
155-10 professional.
155-11 (e) If the commission requires detailed inspection of a
155-12 project's construction, the design professional shall select,
155-13 subject to the commission's approval, the project construction
155-14 inspector and is responsible for the proper administration of the
155-15 duties listed in Subsection (d). The design professional shall pay
155-16 the salary of the project construction inspector and shall be
155-17 reimbursed for the salary costs and the overhead expenses directly
155-18 applicable to the salary. (V.A.C.S. Art. 601b, Secs. 5.21(1)
155-19 (part), (4).)
155-20 Sec. 2166.354. GENERAL INSPECTION. (a) On a project for
155-21 which a project construction inspector is employed by a design
155-22 professional, the general inspector shall work with and through the
155-23 project construction inspector and the design professional. On all
155-24 other projects, the general inspector shall work with and through
155-25 the design professional and shall exercise the detailed inspection
155-26 functions the commission requires.
155-27 (b) The cost of general inspection is a charge against the
156-1 project. (V.A.C.S. Art. 601b, Sec. 5.21(2) (part).)
156-2 Sec. 2166.355. PROFESSIONAL INSPECTION; RELATED SERVICES.
156-3 (a) The design professional or the design professional's
156-4 authorized representative shall perform professional inspection.
156-5 (b) The design professional or the design professional's
156-6 authorized representative shall:
156-7 (1) assist the commission in obtaining proposals from
156-8 contractors and in awarding and preparing construction contracts;
156-9 (2) be responsible for interpretation of the contract
156-10 documents and changes made to the contract documents;
156-11 (3) provide an interpretation of plans and
156-12 specifications as required during construction;
156-13 (4) check and approve samples, schedules, shop
156-14 drawings, and other submissions only for conformance with the
156-15 design concept of the project and for compliance with the
156-16 information in the contract documents;
156-17 (5) approve or disapprove all change order requests
156-18 and, subject to Section 2166.257, prepare all change orders;
156-19 (6) assemble all written guarantees required of the
156-20 contractors;
156-21 (7) make periodic visits to the project site to become
156-22 generally familiar with the progress and quality of the work and to
156-23 determine in general if the work is proceeding in accordance with
156-24 the contract documents;
156-25 (8) make a written inspection report after each visit
156-26 to the project site and send a copy of the report to the contractor
156-27 and the commission;
157-1 (9) keep the commission informed of the progress of
157-2 the work and endeavor to guard against defects and deficiencies in
157-3 contractors' work;
157-4 (10) determine periodically the amount owing to the
157-5 contractors and recommend to the commission payment of that amount;
157-6 and
157-7 (11) conduct inspections to determine the dates of
157-8 substantial and final completion and notify the commission and the
157-9 using agency of the determination.
157-10 (c) The amount of time that on-site inspections under
157-11 Subsection (b)(7) take is computed by dividing the total
157-12 compensation for professional services, excluding payments for
157-13 detailed inspection, by 100, with the result expressed as the
157-14 number of hours to be devoted to on-site inspections, project
157-15 conferences with the contractor and others, and travel to and from
157-16 those inspections and conferences.
157-17 (d) A recommendation under Subsection (b)(10) constitutes a
157-18 representation to the commission that:
157-19 (1) based on observations and other pertinent
157-20 information, the work has progressed to the point indicated; and
157-21 (2) to the best of the design professional's
157-22 knowledge, information, and belief, the quality of the work is in
157-23 accordance with the plans, specifications, and contract documents.
157-24 (e) This section does not:
157-25 (1) require the design professional to assume
157-26 responsibility for or guarantee the complete adherence of the
157-27 contractor to the plans and specifications and contract documents;
158-1 or
158-2 (2) make the design professional liable for defects in
158-3 construction.
158-4 (f) If a private design professional is retained, the fee
158-5 paid that design professional is considered to cover professional
158-6 inspection but not the additional cost of detailed inspection
158-7 beyond the administrative duties specifically encompassed by
158-8 Section 2166.353(e). If the commission's staff serves as design
158-9 professional, the commission is responsible for professional
158-10 supervision and the cost of supervision is a charge against the
158-11 project. (V.A.C.S. Art. 601b, Secs. 5.21(3) (part), (5), (6).)
158-12 Sec. 2166.356. FINAL INSPECTION; FINAL PAYMENT; INSPECTION
158-13 DURING GUARANTEE PERIOD. (a) The commission is responsible for
158-14 directing final payment for work done on each project. If on final
158-15 inspection of a project it determines that the plans,
158-16 specifications, contract, or change orders for the project have not
158-17 been fully complied with, the commission shall, until compliance
158-18 has occurred or adjustments satisfactory to the commission have
158-19 been made, refuse to direct final payment.
158-20 (b) Final inspection consists of an on-site inspection by
158-21 the design professional, a commission representative, a using
158-22 agency representative, and at least one representative of each
158-23 contractor.
158-24 (c) The commission shall schedule the final inspection not
158-25 later than the 10th day after the date the design professional
158-26 notifies the commission that the contract has been performed
158-27 according to the plans and specifications.
159-1 (d) On completion of the project, the commission shall
159-2 release the project to the using agency.
159-3 (e) The commission is responsible for inspecting the project
159-4 before the expiration of the guarantee period to observe defects
159-5 that may appear not later than the first anniversary of the date
159-6 the contract is completed. The commission shall give prompt
159-7 written notice to the contractor of defects that are due to faulty
159-8 materials or work. This subsection does not require the contractor
159-9 to assume responsibility for or guarantee defects other than those
159-10 due to faulty materials or work or failure on the contractor's part
159-11 to adhere to the contract documents. (V.A.C.S. Art. 601b, Sec.
159-12 5.25.)
159-13 (Sections 2166.357-2166.400 reserved for expansion)
159-14 SUBCHAPTER I. CONSERVATION OF ENERGY AND WATER
159-15 Sec. 2166.401. EVALUATION OF ENERGY ALTERNATIVES. (a) For
159-16 each project for which a project analysis is prepared under
159-17 Subchapter D and for which the construction, alteration, or repair
159-18 involves installing or replacing all or part of an energy system,
159-19 energy source, or energy-consuming equipment, the commission or the
159-20 private design professional retained by the commission shall
159-21 prepare a written evaluation of energy alternatives for the
159-22 project.
159-23 (b) The evaluation must include information about the
159-24 economic and environmental impact of various energy alternatives,
159-25 including an evaluation of economic and environmental costs both
159-26 initially and over the life of the system, source, or equipment.
159-27 (c) The evaluation must identify the best energy alternative
160-1 for the project considering both economic and environmental costs
160-2 and benefits. (V.A.C.S. Art. 601b, Sec. 5.161.)
160-3 Sec. 2166.402. ENERGY CONSERVATION STANDARDS FOR ENTITIES
160-4 OTHERWISE EXCLUDED FROM CHAPTER. (a) The governing body of a
160-5 state agency, commission, or institution that is exempt from this
160-6 chapter under Section 2166.003 shall adopt and publish energy
160-7 conservation design standards as provided by Section 447.004 for a
160-8 new building under the entity's authority. The standards must be:
160-9 (1) consistent with those adopted by the commission
160-10 for other state buildings; and
160-11 (2) prepared in cooperation and consultation with the
160-12 energy management center of the governor's office.
160-13 (b) The energy management center of the governor's office
160-14 shall assist a governing body of a state agency, commission, or
160-15 institution subject to Subsection (a) in preparing energy
160-16 conservation standards by providing technical assistance and
160-17 advice. (V.A.C.S. Art. 601b, Sec. 5.28.)
160-18 Sec. 2166.403. ALTERNATIVE ENERGY. (a) This section
160-19 applies to the construction of a new state building, including a
160-20 building construction project otherwise exempt from this chapter
160-21 under Section 2166.003.
160-22 (b) During the planning phase of the proposed construction,
160-23 the commission, or the governing body of the appropriate agency or
160-24 institution that is undertaking a project otherwise exempt from
160-25 this chapter under Section 2166.003, shall verify in an open
160-26 meeting the economic feasibility of incorporating into the
160-27 building's design and proposed energy system alternative energy
161-1 devices for space heating and cooling, water heating, electrical
161-2 loads, and interior lighting. The commission or governing body
161-3 shall determine economic feasibility for each function by comparing
161-4 the estimated cost of providing energy for the function using
161-5 conventional design practices and energy systems with the estimated
161-6 cost of providing energy for the function using alternative energy
161-7 devices during the economic life of the building.
161-8 (c) If the use of alternative energy devices for a
161-9 particular function is determined to be economically feasible under
161-10 Subsection (b), the commission or governing body shall include the
161-11 use of alternative energy devices for that function in the
161-12 construction plans.
161-13 (d) In this section:
161-14 (1) "Alternative energy" means a renewable energy
161-15 resource. The term includes solar energy, biomass energy, and wind
161-16 energy.
161-17 (2) "Alternative energy collector" means an assembly,
161-18 structure, or design, including passive elements, used to absorb,
161-19 concentrate, convert, reflect, or otherwise capture or redirect
161-20 alternative energy for later use as thermal, mechanical, or
161-21 electrical energy.
161-22 (3) "Alternative energy device" means an alternative
161-23 energy collector or alternative energy storage mechanism that
161-24 collects, stores, or distributes alternative energy.
161-25 (4) "Alternative energy storage mechanism" means
161-26 equipment, components, or elements designed and used to store for
161-27 later use alternative energy captured by an alternative energy
162-1 collector in the form in which the energy will eventually be used
162-2 or in an intermediate form. The term includes thermal,
162-3 electrochemical, chemical, electrical, and mechanical storage
162-4 mechanisms.
162-5 (5) "Biomass energy" means energy that is created in
162-6 living plants through photosynthesis.
162-7 (6) "Solar energy" means energy from the sun that may
162-8 be collected and converted into useful thermal, mechanical, or
162-9 electrical energy. (V.A.C.S. Art. 601b, Sec. 5.32; New.)
162-10 Sec. 2166.404. XERISCAPE ON NEW CONSTRUCTION. (a) The
162-11 commission, in consultation with the Texas Natural Resource
162-12 Conservation Commission, the Texas Department of Transportation,
162-13 and the Industry Advisory Committee, by rule shall adopt guidelines
162-14 for the required use of xeriscape on state property associated with
162-15 the construction of a new state building, structure, or facility
162-16 that begins on or after January 1, 1994, including a project
162-17 otherwise exempt from this chapter under Section 2166.003.
162-18 (b) The guidelines adopted under this section must:
162-19 (1) establish standards for landscape design,
162-20 installation, and maintenance that result in water conservation,
162-21 including the use of appropriate plants, soil analysis, compost,
162-22 efficient irrigation systems, and other water-conserving practices;
162-23 (2) identify beneficial plant species;
162-24 (3) specify the maximum percentage of turf and the
162-25 maximum percentage of impervious surface allowed in a xeriscaped
162-26 area;
162-27 (4) establish standards for selection and installation
163-1 of turf;
163-2 (5) establish standards for land clearing;
163-3 (6) require preservation of existing native vegetation
163-4 identified as beneficial; and
163-5 (7) establish a monitoring program to ensure
163-6 implementation of and compliance with this section.
163-7 (c) The Industry Advisory Committee is composed of nine
163-8 members who are Texas residents appointed by the commission. Three
163-9 members must be nursery-product growers, three members must be
163-10 turf-growers, and three members must be landscape contractors. The
163-11 commission shall make appointments from a list of recommendations
163-12 submitted to the commission by the Texas Association of Nurserymen
163-13 for the nursery-product-grower positions, the Texas Turf
163-14 Association for the turf-grower positions, and the Texas
163-15 Association of Landscape Contractors for the landscape-contractor
163-16 positions. Appointments are for staggered three-year terms
163-17 arranged so that one person from each group is appointed each year.
163-18 The appointments to the committee must reflect this state's gender
163-19 and ethnic diversity.
163-20 (d) In this section, "xeriscape" means a landscaping method
163-21 that maximizes the conservation of water by using plants that are
163-22 appropriate to the site and efficient water-use techniques. The
163-23 term includes:
163-24 (1) planning and design;
163-25 (2) appropriate choice of plants;
163-26 (3) soil analysis;
163-27 (4) soil improvement using compost;
164-1 (5) efficient and appropriate irrigation;
164-2 (6) practical use of turf;
164-3 (7) appropriate use of mulches; and
164-4 (8) proper maintenance. (V.A.C.S. Art. 601b, Secs.
164-5 5.321(a), (b) (part), (c), (d), (e).)
164-6 Sec. 2166.405. XERISCAPE PHASE-IN. The commission shall
164-7 develop a five-year program for phasing in the use of xeriscape on
164-8 state property associated with a state-owned building, structure,
164-9 or facility on which construction began before January 1, 1994.
164-10 (V.A.C.S. Art. 601b, Sec. 5.321(b) (part).)
164-11 (Sections 2166.406-2166.450 reserved for expansion)
164-12 SUBCHAPTER J. ACQUISITION OF EXISTING BUILDINGS
164-13 Sec. 2166.451. ACQUISITION OF HISTORIC STRUCTURES. (a) In
164-14 acquiring real property, each using agency shall first consider a
164-15 building that is a historic structure under Section 442.001 or a
164-16 building that has been designated a landmark by the local governing
164-17 authority if:
164-18 (1) the building meets requirements and
164-19 specifications; and
164-20 (2) the cost is not substantially higher than that of
164-21 other available structures that meet requirements and
164-22 specifications.
164-23 (b) When considering the construction of a new state
164-24 building, a using agency shall notify the Texas Historical
164-25 Commission and request from it a list of historic structures in the
164-26 proposed construction area that are suitable and available for
164-27 state acquisition.
165-1 (c) If the using agency decides to proceed with new
165-2 construction, the agency shall forward to the commission for
165-3 inclusion in the project analysis for the new construction:
165-4 (1) the date it notified the Texas Historical
165-5 Commission of the proposed construction;
165-6 (2) the date of the Texas Historical Commission's
165-7 response;
165-8 (3) a copy of the list of historic structures
165-9 furnished by the Texas Historical Commission; and
165-10 (4) a statement of the reasons for the rejection of
165-11 each of the historic structures on the list.
165-12 (d) If the using agency rejects acquisition of a historic
165-13 structure because of the structure's cost, the agency shall forward
165-14 to the commission for inclusion in the project analysis for the new
165-15 construction a comparison of the cost of the new construction with
165-16 the cost of the purchase and rehabilitation of the historic
165-17 structure.
165-18 (e) In determining the feasibility of acquiring a historic
165-19 structure, the using agency shall evaluate the possibility of
165-20 providing the space needed by the agency by combining new
165-21 construction with acquisition of the historic structure.
165-22 (f) On request of the using agency, the commission shall
165-23 assist the agency in evaluating the feasibility of acquiring a
165-24 historic structure and in preparing the information required by
165-25 Subsections (c) and (d).
165-26 (g) The commission shall comply with Subsections (a)-(e) for
165-27 a:
166-1 (1) project for which it is the using agency; or
166-2 (2) multiagency state office building for which it
166-3 serves as the coordinating authority. (V.A.C.S. Art. 601b, Sec.
166-4 5.01A.)
166-5 Sec. 2166.452. ACQUISITION OF EXISTING BUILDING AS
166-6 ALTERNATIVE TO NEW CONSTRUCTION. (a) If the legislature
166-7 authorizes the issuance of bonds by the Texas Public Finance
166-8 Authority to construct one or more buildings and improvements in a
166-9 county, the commission may solicit and receive proposals, using the
166-10 same procedures that apply to the purchase of other real property,
166-11 for the purchase of one or more existing buildings with bond
166-12 proceeds. If the commission's evaluation of the proposals
166-13 demonstrates that purchase of one or more existing buildings is an
166-14 appropriate and financially advantageous means of meeting all or
166-15 part of the state's office space needs in that county, the
166-16 commission shall certify that fact to the authority and request the
166-17 authority to issue all or part of its bonds previously authorized
166-18 by the legislature for that purpose.
166-19 (b) The commission shall determine financial advantage under
166-20 Subsection (a) after comparing construction and purchase as fairly
166-21 as possible. In making its determination, the commission shall
166-22 impute value and consider factors as it considers appropriate,
166-23 including consideration of the:
166-24 (1) estimated cost of construction and of acquiring
166-25 land for the construction;
166-26 (2) anticipated purchase price of one or more existing
166-27 buildings;
167-1 (3) estimated cost of converting one or more existing
167-2 buildings to state building specifications, including
167-3 reconstruction costs only when reconstruction is necessary;
167-4 (4) efficiency and suitability of an existing
167-5 building's space as configured for state use;
167-6 (5) estimated occupancy dates for proposed
167-7 construction compared with estimated occupancy dates for an
167-8 existing building;
167-9 (6) value of an existing building's location, parking,
167-10 landscaping, and other enhancements;
167-11 (7) remaining useful life of mechanical components of
167-12 an existing building; and
167-13 (8) estimated cost of maintenance and operations,
167-14 including the cost of telecommunications services, for each option
167-15 considered by the commission.
167-16 (c) On a determination under Subsection (a) that a purchase
167-17 is more advantageous to the state, the commission may abandon
167-18 construction plans. If additional costs, over available bond
167-19 proceeds, must be incurred to accomplish the purchase and any
167-20 necessary renovation of the purchased property, the commission may
167-21 use available appropriated money and request additional bonds of
167-22 the Texas Public Finance Authority in an amount of up to five
167-23 percent of the acquisition cost for that purpose.
167-24 (d) A purchase under this section must be approved by the
167-25 legislature if it is in session or by the Legislative Budget Board
167-26 if the legislature is not in session.
167-27 (e) A person from whom real property or an existing building
168-1 or other improvement is purchased under this section shall provide
168-2 to the commission the name and the last known address of each
168-3 person who:
168-4 (1) owns record legal title to the real property or
168-5 building or other improvement; or
168-6 (2) owns a beneficial interest in the real property or
168-7 building or other improvement through a trust, nominee, agent, or
168-8 other legal entity. (V.A.C.S. Art. 601b, Secs. 5.34(b), (c), (d),
168-9 (e).)
168-10 Sec. 2166.453. ACQUISITION OF EXISTING BUILDING AS
168-11 ALTERNATIVE TO LEASING SPACE. (a) This section applies only to
168-12 meeting office space needs of one or more state agencies in a
168-13 county in which the state leases 50,000 square feet or more of
168-14 usable office space.
168-15 (b) The commission may meet office space needs of one or
168-16 more state agencies that are being met through leased space by
168-17 purchasing one or more existing buildings under this section. The
168-18 purchase of a building may include the purchase of the building's
168-19 grounds and related improvements. The purchase of a building under
168-20 this section must be:
168-21 (1) financed through bonds issued by the Texas Public
168-22 Finance Authority; and
168-23 (2) approved by the legislature if it is in session or
168-24 by the Legislative Budget Board if the legislature is not in
168-25 session.
168-26 (c) The commission may purchase a building under this
168-27 section only if the commission determines that the projected annual
169-1 total space occupancy costs of the purchased space will not exceed,
169-2 over the term of the bonded indebtedness, the projected annual
169-3 total space occupancy costs of meeting the same space needs through
169-4 leased space.
169-5 (d) If the commission makes the necessary determination
169-6 under Subsection (c) and the purchase is approved under Subsection
169-7 (b), the Texas Public Finance Authority shall issue and sell bonds
169-8 to finance the purchase under the Texas Public Finance Authority
169-9 Act (Article 601d, Vernon's Texas Civil Statutes), and the
169-10 commission may purchase the building under that Act and other
169-11 applicable law.
169-12 (e) The limitation prescribed by Section 9, Texas Public
169-13 Finance Authority Act (Article 601d, Vernon's Texas Civil
169-14 Statutes), relating to the location of a building for which bonds
169-15 may be issued and sold does not apply to financing the purchase of
169-16 a building under this section.
169-17 (f) A person from whom real property or an existing building
169-18 or other improvement is purchased under this section shall provide
169-19 to the commission the name and the last known address of each
169-20 person who:
169-21 (1) owns record legal title to the real property or
169-22 building or other improvement; or
169-23 (2) owns a beneficial interest in the real property or
169-24 building or other improvement through a trust, nominee, agent, or
169-25 other legal entity.
169-26 (g) If a state agency vacates leased space to move into
169-27 space in a building purchased under this section or if the leased
170-1 space itself is purchased under this section, the money
170-2 specifically appropriated by the legislature or the money available
170-3 to and budgeted by the agency for lease payments for the leased
170-4 space for the remainder of the biennium may be used only for rental
170-5 or installment payments for the purchased space under Section
170-6 12(b), Texas Public Finance Authority Act (Article 601d, Vernon's
170-7 Texas Civil Statutes), and for the payment of operating expenses
170-8 for the purchased space that are incurred by the commission. The
170-9 comptroller may adopt rules for the administration of this
170-10 subsection.
170-11 (h) In this section, "total space occupancy costs" include:
170-12 (1) for leased space, the direct cost of the lease
170-13 payments for the space;
170-14 (2) for purchased space, the direct cost of rental or
170-15 installment payments for the space under Section 12(b), Texas
170-16 Public Finance Authority Act (Article 601d, Vernon's Texas Civil
170-17 Statutes);
170-18 (3) the cost of necessary renovations;
170-19 (4) operating costs, including janitorial and utility
170-20 costs; and
170-21 (5) for purchased space, the cost of maintaining a
170-22 cash replacement reserve sufficient to service structural
170-23 maintenance requirements reflecting the expected performance life
170-24 of the major capital expense items of the building for the term of
170-25 the bonded indebtedness. (V.A.C.S. Art. 601b, Sec. 5.342.)
170-26 (Sections 2166.454-2166.500 reserved for expansion)
170-27 SUBCHAPTER K. MONUMENTS, MEMORIALS, AND HISTORIC SITES
171-1 Sec. 2166.501. MONUMENTS AND MEMORIALS. (a) A monument or
171-2 memorial for Texas heroes of the Confederate States of America or
171-3 the Texas War for Independence or to commemorate another event or
171-4 person of historical significance to Texans and this state may be
171-5 erected on land owned or acquired by the state or, if a suitable
171-6 contract can be made for permanent preservation of the monument or
171-7 memorial, on private property or land owned by the federal
171-8 government or other states.
171-9 (b) The graves of Texans described by Subsection (a) may be
171-10 located and marked.
171-11 (c) The commission shall maintain a monument or memorial
171-12 erected by this state to commemorate the centenary of Texas'
171-13 independence.
171-14 (d) Before the erection of a new monument or memorial, the
171-15 commission must obtain the approval of the Texas Historical
171-16 Commission regarding the form, dimensions, and substance of, and
171-17 inscriptions or illustrations on, the monument or memorial.
171-18 (V.A.C.S. Art. 601b, Sec. 5.06.)
171-19 Sec. 2166.502. CONTRACTS WITH TEXAS HISTORICAL COMMISSION.
171-20 The commission may negotiate and contract with the Texas Historical
171-21 Commission to assist and advise the commission with regard to the:
171-22 (1) proper monuments and memorials to be erected,
171-23 repaired, or moved to new locations;
171-24 (2) selection of sites for those monuments and
171-25 memorials; and
171-26 (3) locating and marking of graves. (V.A.C.S.
171-27 Art. 601b, Sec. 5.07.)
172-1 Sec. 2166.503. ACQUISITION OF ARCHAEOLOGICAL,
172-2 PALEONTOLOGICAL, AND HISTORIC SITES. (a) The commission may
172-3 acquire by gift, devise, purchase, or exercise of its general power
172-4 of eminent domain land in this state on which is located:
172-5 (1) a building, site, or landmark of statewide
172-6 historical significance associated with historic events or
172-7 personalities;
172-8 (2) a prehistoric ruin;
172-9 (3) a burial ground;
172-10 (4) an archaeological site;
172-11 (5) a vertebrate paleontological site; or
172-12 (6) a site containing fossilized footprints, an
172-13 inscription made by human agency, or another archaeological,
172-14 paleontological, or historic feature.
172-15 (b) For a historic site, building, or structure, the
172-16 commission may exercise the power of eminent domain under
172-17 Subsection (a) only on a proper showing that the exercise is
172-18 necessary to prevent destruction or deterioration of the historic
172-19 site, building, or structure.
172-20 (c) The commission may request from the Texas Historical
172-21 Commission a certification or authentication of the worthiness of
172-22 preservation of a feature listed in Subsection (a). (V.A.C.S.
172-23 Art. 601b, Sec. 5.08.)
172-24 (Sections 2166.504-2166.550 reserved for expansion)
172-25 SUBCHAPTER L. SPECIAL USES AND FACILITIES
172-26 Sec. 2166.551. CHILD CARE FACILITY IN STATE BUILDING. (a)
172-27 The Child Care Development Board shall determine whether a child
173-1 care facility may be included in a state-owned office building
173-2 constructed after September 1, 1989, that contains 100,000 square
173-3 feet or more of net usable space and shall notify the commission of
173-4 that determination.
173-5 (b) The commission shall notify the Child Care Development
173-6 Board of a project to rehabilitate or renovate substantially an
173-7 existing state-owned office building containing 100,000 square feet
173-8 or more of net usable space before developing the rehabilitation or
173-9 renovation plan.
173-10 (c) Not later than the 30th day after the date the Child
173-11 Care Development Board receives the notice required by Subsection
173-12 (b), the board shall determine whether a child care facility may be
173-13 included in the rehabilitation or renovation project and shall
173-14 notify the commission of that determination.
173-15 (d) The commission shall include a child care facility in a
173-16 construction, rehabilitation, or renovation project if the Child
173-17 Care Development Board determines that the child care facility
173-18 should be included. (V.A.C.S. Art. 601b, Sec. 5.01(b).)
173-19 Sec. 2166.552. FINE ARTS PROJECTS. (a) A using agency that
173-20 requests a project analysis by the commission for a building
173-21 construction project that is estimated to cost more than $250,000
173-22 may specify that up to one percent of the amount of the original
173-23 project cost estimate be spent for fine arts projects at or near
173-24 the site of the project.
173-25 (b) If the legislature authorizes and appropriates money for
173-26 a fine arts project, the commission shall cooperate with the Texas
173-27 Commission on the Arts and consult it for advice in determining how
174-1 to use the money appropriated for the fine arts project.
174-2 (c) In selecting a fine arts project, emphasis should be
174-3 placed, whenever feasible, on works by living Texas artists.
174-4 Consideration shall be given to artists of all ethnic origins.
174-5 (d) This section does not limit, restrict, or prohibit the
174-6 commission from including expenditures for fine arts in its
174-7 original project cost estimate.
174-8 (e) In this section, "fine arts project" includes murals,
174-9 fountains, mosaics, and other aesthetic improvements. (V.A.C.S.
174-10 Art. 601b, Sec. 5.18.)
174-11 Sec. 2166.553. ACQUISITION AND CONSTRUCTION OF BUILDINGS FOR
174-12 HEALTH AND HUMAN SERVICE AGENCIES. (a) The commission may not
174-13 acquire or approve construction of a building, including a building
174-14 the acquisition or construction of which is financed under the
174-15 Texas Public Finance Authority Act (Article 601d, Vernon's Texas
174-16 Civil Statutes), to serve the needs of a single health and human
174-17 service agency unless the agency can provide a reason to the
174-18 commission for not sharing space in the building with one or more
174-19 other health and human service agencies.
174-20 (b) In this section, "health and human service agency" means
174-21 the:
174-22 (1) Interagency Council on Early Childhood
174-23 Intervention Services;
174-24 (2) Texas Department on Aging;
174-25 (3) Texas Commission on Alcohol and Drug Abuse;
174-26 (4) Texas Commission for the Blind;
174-27 (5) Texas Commission for the Deaf and Hearing
175-1 Impaired;
175-2 (6) Texas Department of Health;
175-3 (7) Texas Department of Human Services;
175-4 (8) Texas Juvenile Probation Commission;
175-5 (9) Texas Department of Mental Health and Mental
175-6 Retardation;
175-7 (10) Texas Rehabilitation Commission; and
175-8 (11) Department of Protective and Regulatory Services.
175-9 (V.A.C.S. Art. 601b, Sec. 5.341.)
175-10 CHAPTER 2167. LEASE OF SPACE FOR STATE AGENCIES
175-11 SUBCHAPTER A. GENERAL PROVISIONS
175-12 Sec. 2167.001. APPLICABILITY
175-13 Sec. 2167.002. PREREQUISITES FOR LEASING SPACE
175-14 Sec. 2167.003. FIRST CONSIDERATION TO HISTORIC STRUCTURE
175-15 Sec. 2167.004. LEASING SPACE FOR HEALTH AND HUMAN SERVICES
175-16 AGENCIES
175-17 Sec. 2167.005. DELEGATION OF AUTHORITY TO INSTITUTIONS OF
175-18 HIGHER EDUCATION
175-19 Sec. 2167.006. ELIMINATION OF BARRIERS TO PERSONS WITH
175-20 DISABILITIES IN LEASED BUILDINGS
175-21 Sec. 2167.007. LEASING SERVICES TO STATE AGENCIES
175-22 Sec. 2167.008. RULES
175-23 (Sections 2167.009-2167.050 reserved for expansion)
175-24 SUBCHAPTER B. PROCEDURES FOR LEASING SPACE; LEASE CONTRACT
175-25 Sec. 2167.051. LEASING SPACE FROM ANOTHER GOVERNMENTAL
175-26 ENTITY
175-27 Sec. 2167.052. LEASING SPACE FROM PRIVATE SOURCE
176-1 Sec. 2167.053. LEASING SPACE THROUGH COMPETITIVE BIDDING
176-2 Sec. 2167.054. LEASING SPACE THROUGH COMPETITIVE SEALED
176-3 PROPOSALS
176-4 Sec. 2167.055. CONTRACT FOR LEASE OF SPACE
176-5 Sec. 2167.056. OPTION TO PURCHASE
176-6 (Sections 2167.057-2167.100 reserved for expansion)
176-7 SUBCHAPTER C. COMMISSION AND STATE AGENCY POWERS
176-8 AND DUTIES RELATED TO LEASED SPACE
176-9 Sec. 2167.101. CERTIFICATION OF AVAILABLE MONEY
176-10 Sec. 2167.102. REMEDIAL ACTION AGAINST LESSOR
176-11 Sec. 2167.103. RECORDS
176-12 Sec. 2167.104. SUBLEASE TO CHILD CARE PROVIDER
176-13 CHAPTER 2167. LEASE OF SPACE FOR STATE AGENCIES
176-14 SUBCHAPTER A. GENERAL PROVISIONS
176-15 Sec. 2167.001. APPLICABILITY. (a) This chapter applies to:
176-16 (1) office space;
176-17 (2) warehouse space;
176-18 (3) laboratory space;
176-19 (4) storage space exceeding 1,000 gross square feet;
176-20 and
176-21 (5) a combination of those kinds of space.
176-22 (b) This chapter does not apply to:
176-23 (1) aircraft hangar space;
176-24 (2) radio antenna space;
176-25 (3) boat storage space;
176-26 (4) vehicle parking space;
176-27 (5) residential space for a Texas Department of Mental
177-1 Health and Mental Retardation program;
177-2 (6) residential space for a Texas Youth Commission
177-3 program;
177-4 (7) space to be used for less than one month for
177-5 meetings, conferences, conventions, seminars, displays,
177-6 examinations, auctions, or similar purposes;
177-7 (8) district office space for members of the
177-8 legislature; or
177-9 (9) space used by the Texas Employment Commission.
177-10 (V.A.C.S. Art. 601b, Secs. 6.01, 6.11.)
177-11 Sec. 2167.002. PREREQUISITES FOR LEASING SPACE. The
177-12 commission may lease space for a state agency in accordance with
177-13 this chapter and the agency's specifications if:
177-14 (1) state-owned space is not otherwise available to
177-15 the agency; and
177-16 (2) the agency has verified it has money available to
177-17 pay for the lease. (V.A.C.S. Art. 601b, Sec. 6.05(a).)
177-18 Sec. 2167.003. FIRST CONSIDERATION TO HISTORIC STRUCTURE.
177-19 (a) In leasing space for the use of a state agency, the commission
177-20 shall give first consideration to a building that is a historic
177-21 structure under Section 442.001 or to a building that has been
177-22 designated a landmark by a local governing authority, if:
177-23 (1) the building meets requirements and
177-24 specifications; and
177-25 (2) the cost is not substantially higher than the cost
177-26 for other available buildings that meet requirements and
177-27 specifications.
178-1 (b) When it considers leasing space for a state agency, the
178-2 commission shall notify each individual and organization that is:
178-3 (1) on a list furnished to the commission by the Texas
178-4 Historical Commission under Section 442.005; and
178-5 (2) in the county in which the commission is
178-6 considering leasing space.
178-7 (c) At the end of a biennium, the commission shall report to
178-8 the legislature the commission's reasons for rejecting during the
178-9 biennium the lease of any historic structure that was offered in a
178-10 bid to lease space to the state. (V.A.C.S. Art. 601b, Sec.
178-11 6.05(j).)
178-12 Sec. 2167.004. LEASING SPACE FOR HEALTH AND HUMAN SERVICES
178-13 AGENCIES. (a) The commission may not lease office space to serve
178-14 the needs of a single health and human services agency unless the
178-15 agency provides the commission with a reason for not sharing the
178-16 office space with one or more other health and human services
178-17 agencies.
178-18 (b) In this section, "health and human services agency"
178-19 means the:
178-20 (1) Interagency Council on Early Childhood
178-21 Intervention Services;
178-22 (2) Texas Department on Aging;
178-23 (3) Texas Commission on Alcohol and Drug Abuse;
178-24 (4) Texas Commission for the Blind;
178-25 (5) Texas Commission for the Deaf and Hearing
178-26 Impaired;
178-27 (6) Texas Department of Health;
179-1 (7) Texas Department of Human Services;
179-2 (8) Texas Juvenile Probation Commission;
179-3 (9) Texas Department of Mental Health and Mental
179-4 Retardation;
179-5 (10) Texas Rehabilitation Commission; or
179-6 (11) Department of Protective and Regulatory Services.
179-7 (V.A.C.S. Art. 601b, Sec. 6.031.)
179-8 Sec. 2167.005. DELEGATION OF AUTHORITY TO INSTITUTIONS OF
179-9 HIGHER EDUCATION. The commission may delegate to an institution of
179-10 higher education the authority to enter into lease contracts for
179-11 space for which payments are not made from money appropriated from
179-12 the general revenue fund. (V.A.C.S. Art. 601b, Sec. 6.111 (part).)
179-13 Sec. 2167.006. ELIMINATION OF BARRIERS TO PERSONS WITH
179-14 DISABILITIES IN LEASED BUILDINGS. (a) The commission may not
179-15 enter a lease contract under this chapter unless it complies with
179-16 the architectural barriers law, Article 9102, Revised Statutes.
179-17 (b) An institution of higher education may not enter a lease
179-18 contract under Section 2167.005 unless the institution complies
179-19 with the architectural barriers law, Article 9102, Revised
179-20 Statutes. (V.A.C.S. Art. 601b, Secs. 6.06; 6.111 (part).)
179-21 Sec. 2167.007. LEASING SERVICES TO STATE AGENCIES. (a)
179-22 This chapter does not prohibit the commission from providing
179-23 leasing services to a state agency otherwise excluded from its
179-24 requirements.
179-25 (b) Services performed under Subsection (a) are not subject
179-26 to the interagency cooperation law, Chapter 771.
179-27 (c) The commission shall establish a system of charges and
180-1 billings to assure the recovery of the cost of providing services
180-2 under Subsection (a), and shall submit, after the close of each
180-3 month, a purchase voucher or journal voucher to an agency for which
180-4 services were provided. (V.A.C.S. Art. 601b, Sec. 6.13.)
180-5 Sec. 2167.008. RULES. The commission shall adopt rules
180-6 necessary to administer this chapter. (V.A.C.S. Art. 601b, Sec.
180-7 6.12.)
180-8 (Sections 2167.009-2167.050 reserved for expansion)
180-9 SUBCHAPTER B. PROCEDURES FOR LEASING SPACE; LEASE CONTRACT
180-10 Sec. 2167.051. LEASING SPACE FROM ANOTHER GOVERNMENTAL
180-11 ENTITY. Space may be leased:
180-12 (1) through an interagency contract from another state
180-13 agency; or
180-14 (2) through a negotiated contract from:
180-15 (A) the federal government;
180-16 (B) a political subdivision, including a county,
180-17 municipality, school district, water or irrigation district,
180-18 hospital district, council of governments, or regional planning
180-19 commission; or
180-20 (C) a statewide Texas public retirement system
180-21 in a commercial building that is completely owned, directly or
180-22 indirectly, by the retirement system. (V.A.C.S. Art. 601b, Sec.
180-23 6.05(b).)
180-24 Sec. 2167.052. LEASING SPACE FROM PRIVATE SOURCE. (a)
180-25 Space may be leased from a private source through:
180-26 (1) competitive bidding; or
180-27 (2) competitive sealed proposals under Section
181-1 2167.054.
181-2 (b) The commission may negotiate for space on making a
181-3 written determination that competition is not available. (V.A.C.S.
181-4 Art. 601b, Sec. 6.05(c).)
181-5 Sec. 2167.053. LEASING SPACE THROUGH COMPETITIVE BIDDING.
181-6 (a) When space is leased through competitive bidding, the
181-7 commission shall determine the lowest and best bid after
181-8 considering moving costs, the cost of time lost in moving, the cost
181-9 of telecommunications services, and other relevant factors.
181-10 (b) The commission shall send to the leasing state agency:
181-11 (1) a copy of all bids received; and
181-12 (2) the commission's recommended award.
181-13 (c) If, after review of the bids and evaluation of all
181-14 relevant factors, the leasing state agency's opinion is that the
181-15 bid selected by the commission is not the lowest and best bid, it
181-16 may file with the commission a written recommendation that the
181-17 award be made to a bidder other than the commission's recommended
181-18 bidder. The leasing state agency's recommendation must contain the
181-19 agency's justification for its recommendation and a complete
181-20 explanation of all factors it considered.
181-21 (d) The commission shall fully consider the leasing state
181-22 agency's recommendation and, if it does not agree, shall notify the
181-23 agency of its disagreement in writing. The leasing state agency
181-24 and the commission shall attempt to agree on the award.
181-25 (e) If the commission and the leasing state agency do not
181-26 agree within 30 days, all bids and pertinent documents shall be
181-27 sent to the governor. The governor shall designate the bidder to
182-1 which the award shall be made. (V.A.C.S. Art. 601b, Sec. 6.05(d).)
182-2 Sec. 2167.054. LEASING SPACE THROUGH COMPETITIVE SEALED
182-3 PROPOSALS. (a) The commission may lease space using competitive
182-4 sealed proposals if the commission first determines that
182-5 competitive bidding is not practical or is disadvantageous to the
182-6 state.
182-7 (b) The commission shall solicit proposals by publishing a
182-8 notice of request for proposals in:
182-9 (1) the Texas Register; and
182-10 (2) a newspaper of general circulation in the county
182-11 in which the space is to be leased.
182-12 (c) The commission shall open each proposal in a manner that
182-13 does not disclose the contents of the proposal during the process
182-14 of negotiating with competing offerors.
182-15 (d) As provided in a request for proposals and under rules
182-16 adopted by the commission, the commission may discuss acceptable or
182-17 potentially acceptable proposals with offerors to assess an
182-18 offeror's ability to meet the solicitation requirements and to
182-19 obtain the most advantageous lease contract for the state. The
182-20 commission shall invite a leasing state agency to participate in
182-21 discussions and negotiations conducted under this section. After
182-22 receiving a proposal but before making an award, the commission may
182-23 permit the offeror to revise the proposal to obtain the best final
182-24 proposal.
182-25 (e) The commission may not disclose information derived from
182-26 proposals submitted from competing offerors in conducting
182-27 discussions under Subsection (d).
183-1 (f) The commission shall provide each offeror whose proposal
183-2 meets the minimum requirements in the request for proposals a
183-3 reasonable opportunity to discuss and revise its proposal.
183-4 (g) The commission shall make a written award of a lease to
183-5 the offeror whose proposal is the most advantageous to the state,
183-6 considering price and the evaluation factors in the request for
183-7 proposals. The commission may not use other factors or criteria in
183-8 its evaluation. The commission shall state in writing in the
183-9 contract file the reasons for which an award is made.
183-10 (h) The commission shall refuse all proposals if it
183-11 determines that none of the proposals is acceptable.
183-12 (i) If the competitive sealed proposal procedure for leasing
183-13 space is used by an institution of higher education that has been
183-14 delegated leasing authority under Section 2167.005, the
183-15 institution:
183-16 (1) must first determine that competitive bidding is
183-17 not practical or is disadvantageous to the state; and
183-18 (2) shall follow the procedures outlined by this
183-19 section and any rules adopted by the commission. (V.A.C.S.
183-20 Art. 601b, Sec. 6.051.)
183-21 Sec. 2167.055. CONTRACT FOR LEASE OF SPACE. (a) In a
183-22 contract by the commission for the lease of space under this
183-23 chapter, the state, acting through the commission, is the lessee.
183-24 (b) The lease contract must reflect the provisions contained
183-25 in the invitation for bids or request for proposals, the successful
183-26 bid or proposal, and the award of the contract.
183-27 (c) A lease contract may:
184-1 (1) provide for an original term that does not exceed
184-2 10 years; and
184-3 (2) include options to renew for as many terms that do
184-4 not exceed 10 years each as the commission considers to be in the
184-5 state's best interest.
184-6 (d) A lease contract that does not contain an option to
184-7 renew may, on agreement of the parties, be renewed once under the
184-8 provisions of the original contract for a term that does not exceed
184-9 one year.
184-10 (e) A lease contract is contingent on the availability of
184-11 money appropriated by the legislature to pay for the lease.
184-12 (f) The obligation of the lessor to provide lease space and
184-13 of the commission to accept the space is binding on the award of
184-14 the contract. (V.A.C.S. Art. 601b, Secs. 6.05(e), (f), (g), (h),
184-15 (i).)
184-16 Sec. 2167.056. OPTION TO PURCHASE. (a) If the commission
184-17 considers it advisable, the commission may lease space for a state
184-18 agency under a contract that contains an option for the commission
184-19 to purchase the space subject to the legislature's appropriation of
184-20 money for the purchase.
184-21 (b) A lease contract containing the option must indicate:
184-22 (1) the amount that will accumulate and be credited
184-23 toward the purchase at various times during the lease term; and
184-24 (2) the purchase price of the property at the
184-25 beginning of each fiscal biennium during the lease term. (V.A.C.S.
184-26 Art. 601b, Sec. 6.09.)
184-27 (Sections 2167.057-2167.100 reserved for expansion)
185-1 SUBCHAPTER C. COMMISSION AND STATE AGENCY POWERS
185-2 AND DUTIES RELATED TO LEASED SPACE
185-3 Sec. 2167.101. CERTIFICATION OF AVAILABLE MONEY. A state
185-4 agency occupying space leased under this chapter shall certify to
185-5 the commission, at least 60 days before the beginning of each
185-6 fiscal biennium during the lease term, that money is available to
185-7 pay for the lease. (V.A.C.S. Art. 601b, Sec. 6.08.)
185-8 Sec. 2167.102. REMEDIAL ACTION AGAINST LESSOR. (a) When a
185-9 state agency occupying leased space is aware of circumstances that
185-10 require remedial action against the lessor, the agency shall notify
185-11 the commission.
185-12 (b) The commission may investigate the circumstances and the
185-13 lessor's performance under the contract.
185-14 (c) The attorney general on the commission's request shall
185-15 assist the commission in protecting the state's interest under a
185-16 lease contract. (V.A.C.S. Art. 601b, Sec. 6.07.)
185-17 Sec. 2167.103. RECORDS. To efficiently maintain a space
185-18 management system, the commission shall maintain records of the
185-19 amount and cost of space under lease by the commission and may
185-20 collect other information that it considers necessary. A state
185-21 agency shall cooperate with the commission in securing this
185-22 information. (V.A.C.S. Art. 601b, Sec. 6.10.)
185-23 Sec. 2167.104. SUBLEASE TO CHILD CARE PROVIDER. (a)
185-24 Subject to restrictions imposed by a lease or other enforceable
185-25 contract, the commission, at the direction of the Child Care
185-26 Development Board and at the request of the occupying agency, shall
185-27 sublease part of a space leased under this chapter to a child care
186-1 provider for the operation of a child care facility.
186-2 (b) Chapter 663 applies to the establishment and operation
186-3 of the child care facility, except as provided by this section.
186-4 (c) This section does not affect the duties of the
186-5 commission regarding child care facilities in state-owned buildings
186-6 and potential child care facility sites in state-owned buildings
186-7 under Chapter 663, 2165, or 2166.
186-8 (d) The occupying agency and the Child Care Development
186-9 Board may agree to:
186-10 (1) procedures relating to the selection of the child
186-11 care provider;
186-12 (2) granting some preference in enrollment to children
186-13 of officers and employees of the occupying state agency; and
186-14 (3) any other matter regarding the operation of the
186-15 child care facility.
186-16 (e) The commission shall sublease space under this section
186-17 to a child care provider approved by the Child Care Development
186-18 Board at a rate set by the board.
186-19 (f) In leasing space under this chapter, the commission
186-20 shall, whenever possible, enter into a lease contract that allows
186-21 for subleasing space to a child care provider. (V.A.C.S.
186-22 Art. 601b, Sec. 6.14.)
186-23 (Chapters 2168-2169 reserved for expansion)
186-24 CHAPTER 2170. TELECOMMUNICATIONS SERVICES
186-25 SUBCHAPTER A. GENERAL PROVISIONS
186-26 Sec. 2170.001. DEFINITIONS
186-27 Sec. 2170.002. COMMISSION RESPONSIBLE FOR OBTAINING
187-1 TELECOMMUNICATIONS SERVICES
187-2 Sec. 2170.003. OWNERSHIP OR LEASE OF NECESSARY EQUIPMENT
187-3 Sec. 2170.004. CONTRACTS WITH ENTITIES OTHER THAN STATE
187-4 AGENCIES
187-5 Sec. 2170.005. POLICIES, GUIDELINES, AND OPERATING
187-6 PROCEDURES
187-7 Sec. 2170.006. COST-EFFECTIVENESS OF SYSTEM
187-8 Sec. 2170.007. RESTRICTION ON COMMISSION ACTIONS
187-9 Sec. 2170.008. RATE INTERVENTION
187-10 (Sections 2170.009-2170.050 reserved for expansion)
187-11 SUBCHAPTER B. SYSTEM OF TELECOMMUNICATIONS SERVICES
187-12 Sec. 2170.051. MANAGEMENT OF SYSTEM
187-13 Sec. 2170.052. BALANCING TECHNOLOGICAL ADVANCEMENTS AND
187-14 EXISTING FACILITIES
187-15 Sec. 2170.053. SHARING OF SERVICES
187-16 Sec. 2170.054. DEVELOPMENT OF SYSTEM
187-17 Sec. 2170.055. REVIEW AND COMMENT BY EDUCATION AGENCIES
187-18 Sec. 2170.056. COSTS TO STATE OF PARALLEL TOLLS
187-19 Sec. 2170.057. PAYMENT FOR SERVICES
187-20 Sec. 2170.058. USE OF SYSTEM BY CERTAIN STUDENTS
187-21 Sec. 2170.059. CENTRALIZED CAPITOL COMPLEX TELEPHONE
187-22 SYSTEM
187-23 Sec. 2170.060. DEVELOPMENT OF PLAN FOR STATE TELECOMMUNICATIONS
187-24 NETWORK
187-25 CHAPTER 2170. TELECOMMUNICATIONS SERVICES
187-26 SUBCHAPTER A. GENERAL PROVISIONS
187-27 Sec. 2170.001. DEFINITIONS. (a) In this chapter:
188-1 (1) "Telecommunications services" means intercity
188-2 communications facilities or services. The term does not include
188-3 single agency point-to-point radio systems or facilities or
188-4 services of criminal justice information communication systems.
188-5 (2) "Consolidated telecommunications system" means the
188-6 network of telecommunications services serving the state
188-7 government.
188-8 (b) In this section, any dedicated circuits included as part
188-9 of the consolidated telecommunications system are considered to
188-10 begin and end at the main connecting frame. (V.A.C.S. Art. 601b,
188-11 Sec. 10.01.)
188-12 Sec. 2170.002. COMMISSION RESPONSIBLE FOR OBTAINING
188-13 TELECOMMUNICATIONS SERVICES. The commission is the state agency
188-14 responsible for obtaining telecommunications services. (V.A.C.S.
188-15 Art. 601b, Sec. 10.08.)
188-16 Sec. 2170.003. OWNERSHIP OR LEASE OF NECESSARY EQUIPMENT.
188-17 The commission may own, lease, or lease-purchase in accordance with
188-18 Chapters 2155-2158 any or all of the facilities or equipment
188-19 necessary to provide telecommunications services. (V.A.C.S.
188-20 Art. 601b, Sec. 10.02(e) (part).)
188-21 Sec. 2170.004. CONTRACTS WITH ENTITIES OTHER THAN STATE
188-22 AGENCIES. The commission may contract for use of the consolidated
188-23 telecommunications system with:
188-24 (1) each house of the legislature;
188-25 (2) a legislative agency;
188-26 (3) an agency that is not a state agency as defined by
188-27 Section 2151.002; and
189-1 (4) a political subdivision, including a county,
189-2 municipality, or district. (V.A.C.S. Art. 601b, Sec. 10.07.)
189-3 Sec. 2170.005. POLICIES, GUIDELINES, AND OPERATING
189-4 PROCEDURES. (a) To ensure efficient operation of the consolidated
189-5 telecommunications system at minimum cost to the state, the
189-6 commission shall adopt and disseminate to all agencies appropriate
189-7 guidelines, operating procedures, and telephone directories.
189-8 (b) Each agency shall comply with the policies, guidelines,
189-9 and operating procedures. (V.A.C.S. Art. 601b, Secs. 10.03(a), (b)
189-10 (part).)
189-11 Sec. 2170.006. COST-EFFECTIVENESS OF SYSTEM. (a) The
189-12 commission, with the advice of the state auditor, shall maintain
189-13 records relating to the consolidated telecommunications system
189-14 necessary to enable the commission to analyze the
189-15 cost-effectiveness of the system to state agencies.
189-16 (b) The commission shall advise the legislature at each
189-17 session about the system's cost-effectiveness. (V.A.C.S.
189-18 Art. 601b, Sec. 10.03(b) (part).)
189-19 Sec. 2170.007. RESTRICTION ON COMMISSION ACTIONS. The
189-20 commission may not take any action under this chapter, including
189-21 adopting a policy, guideline, or procedure, that is inconsistent
189-22 with a guideline or rule adopted by the Department of Information
189-23 Resources. (V.A.C.S. Art. 601b, Sec. 10.035.)
189-24 Sec. 2170.008. RATE INTERVENTION. (a) If the commission
189-25 determines there is sufficient economic impact on state government,
189-26 the commission may intervene on behalf of state agencies in
189-27 telecommunications rate cases and may hire special counsel and
190-1 expert witnesses to prepare and present testimony.
190-2 (b) The attorney general shall represent the commission
190-3 before the courts in all appeals from rate cases in which the
190-4 commission intervenes. (V.A.C.S. Art. 601b, Sec. 10.11.)
190-5 (Sections 2170.009-2170.050 reserved for expansion)
190-6 SUBCHAPTER B. SYSTEM OF TELECOMMUNICATIONS SERVICES
190-7 Sec. 2170.051. MANAGEMENT OF SYSTEM. (a) The commission
190-8 shall manage the operation of a system of telecommunications
190-9 services for all state agencies. Each agency shall identify its
190-10 particular requirements for telecommunications services and the
190-11 site at which the services are to be provided.
190-12 (b) The commission shall fulfill the telecommunications
190-13 requirements of each state agency to the extent possible and to the
190-14 extent that money is appropriated or available for that purpose.
190-15 (V.A.C.S. Art. 601b, Secs. 10.02(a), (b).)
190-16 Sec. 2170.052. BALANCING TECHNOLOGICAL ADVANCEMENTS AND
190-17 EXISTING FACILITIES. In the planning, design, implementation, and
190-18 operation of the consolidated telecommunications system, the
190-19 commission shall maintain an appropriate balance between the
190-20 adoption of technological advancements and the efficient use of
190-21 existing facilities and services to avoid misapplication of state
190-22 money and degradation or loss of the integrity of existing systems
190-23 and facilities. (V.A.C.S. Art. 601b, Sec. 10.04.)
190-24 Sec. 2170.053. SHARING OF SERVICES. (a) To avoid waste of
190-25 state money and personnel, telecommunications services shall be
190-26 provided on an integrated or shared basis, or both, to the extent
190-27 feasible and advisable, among entities authorized to use the
191-1 consolidated telecommunications system under this chapter.
191-2 (b) Sharing or integrated use does not constitute the resale
191-3 or carriage of services and does not subject the system to
191-4 regulation or reporting under the Public Utility Regulatory Act
191-5 (Article 1446c, Vernon's Texas Civil Statutes). (V.A.C.S.
191-6 Art. 601b, Sec. 10.05(a).)
191-7 Sec. 2170.054. DEVELOPMENT OF SYSTEM. (a) The commission,
191-8 Department of Information Resources, and comptroller shall jointly
191-9 develop functional requirements for a statewide system of
191-10 telecommunications services for all state agencies. Existing
191-11 networks, as configured on September 1, 1991, of institutions of
191-12 higher education are exempt.
191-13 (b) The commission, Department of Information Resources, and
191-14 comptroller shall develop requests for information and proposals
191-15 for a statewide system of telecommunications services for all state
191-16 agencies.
191-17 (c) The commission, Department of Information Resources, and
191-18 comptroller shall negotiate rates and execute contracts with
191-19 telecommunications service providers for services. Those entities
191-20 may:
191-21 (1) acquire transmission facilities by purchase,
191-22 lease, or lease-purchase in accordance with Chapters 2155-2158; and
191-23 (2) develop, establish, and maintain carrier systems
191-24 necessary to the operation of the telecommunications system.
191-25 (V.A.C.S. Art. 601b, Secs. 10.02(c), (d), (e) (part).)
191-26 Sec. 2170.055. REVIEW AND COMMENT BY EDUCATION AGENCIES.
191-27 (a) A representative of the Central Education Agency and a
192-1 representative of the Texas Higher Education Coordinating Board
192-2 shall review and comment on telecommunications plans developed
192-3 under Section 2170.054.
192-4 (b) The participation of the Central Education Agency and
192-5 the Texas Higher Education Coordinating Board is for the limited
192-6 purpose of coordinating the statewide telecommunications system
192-7 developed under this chapter with the telecommunications systems of
192-8 educational entities that are not subject to this chapter.
192-9 (c) A representative of the Central Education Agency or the
192-10 Texas Higher Education Coordinating Board under this section acts
192-11 in an advisory capacity only and is not entitled to vote on
192-12 decisions made under this chapter. (V.A.C.S. Art. 601b, Sec.
192-13 10.02(g).)
192-14 Sec. 2170.056. COSTS TO STATE OF PARALLEL TOLLS. All
192-15 contracts with telecommunications carriers shall provide that the
192-16 commission or any participating agency may obtain any information
192-17 relating to the costs to the state of parallel tolls. (V.A.C.S.
192-18 Art. 601b, Sec. 10.02(f).)
192-19 Sec. 2170.057. PAYMENT FOR SERVICES. (a) The commission
192-20 shall develop a system of billings and charges for services
192-21 provided in operating and administering the consolidated
192-22 telecommunications system that allocates the total state cost to
192-23 each entity served by the system based on proportionate usage.
192-24 (b) The comptroller shall establish in the state treasury a
192-25 revolving fund account for the administration of this chapter. The
192-26 account shall be used as a depository for money received from
192-27 entities served.
193-1 (c) To provide an adequate cash flow as necessary for
193-2 purposes of this chapter, using state agencies and other entities,
193-3 on proper notification, shall make monthly payments into the
193-4 telecommunications revolving fund account from appropriated or
193-5 other available money. The legislature may appropriate money for
193-6 operating the system directly to the commission, in which case the
193-7 revolving fund account shall be used to receive money due from
193-8 local governmental entities and other agencies to the extent that
193-9 their money is not subject to legislative appropriation.
193-10 (d) The commission shall maintain in the revolving fund
193-11 account sufficient amounts to pay the bills of the consolidated
193-12 telecommunications system and the centralized capitol complex
193-13 telephone system. The commission shall certify amounts that exceed
193-14 this amount to the comptroller, and the comptroller shall transfer
193-15 the excess amounts to the credit of the statewide network
193-16 applications account established by Section 22A, Information
193-17 Resources Management Act (Article 4413(32j), Revised Statutes).
193-18 (V.A.C.S. Art. 601b, Sec. 10.06.)
193-19 Sec. 2170.058. USE OF SYSTEM BY CERTAIN STUDENTS. (a) An
193-20 institution of higher education under Section 61.003, Education
193-21 Code, that is authorized to use the system of telecommunications
193-22 services established under this chapter may allow students of the
193-23 institution who reside in housing for which the institution
193-24 provides telephone service to use the system of telecommunications
193-25 services. An institution shall recover from a student who chooses
193-26 to use the system the full pro rata cost attributable to that
193-27 student's use, including costs identifiable for interconnection to
194-1 and use of the local publicly switched network.
194-2 (b) The commission shall adopt rules that govern student
194-3 access to the system, including:
194-4 (1) times of access to the system; and
194-5 (2) the full recovery of actual costs from each
194-6 student who uses the system.
194-7 (c) In consideration of the duties and responsibilities
194-8 given the commission under this subtitle, it is the policy of this
194-9 state that a state agency or unit of state government may not
194-10 provide telecommunications products or services to the general
194-11 public in competition with private enterprise unless there is a
194-12 finding that providing the products or services is in the public
194-13 interest. This subsection does not prohibit students who reside in
194-14 housing for which institutions of higher education provide
194-15 telephone service from using service provided under this section.
194-16 (V.A.C.S. Art. 601b, Sec. 10.071.)
194-17 Sec. 2170.059. CENTRALIZED CAPITOL COMPLEX TELEPHONE SYSTEM.
194-18 (a) The commission shall provide centralized telephone service for
194-19 state agencies, each house of the legislature, and legislative
194-20 agencies in the capitol complex. State agencies in the capitol
194-21 complex shall use the service. Each house of the legislature and
194-22 each legislative agency shall use the service at the discretion of
194-23 the legislature. The commission may provide the service to other
194-24 state agencies that subscribe to it.
194-25 (b) Each using entity shall make monthly payments to the
194-26 commission when billed by the commission.
194-27 (c) Each using entity may arrange for its own terminal
195-1 telephone equipment, but the equipment must be compatible with the
195-2 centralized telephone service. The commission shall make terminal
195-3 equipment available for using entities that choose to use that
195-4 terminal equipment.
195-5 (d) The commission annually shall prepare and issue a
195-6 revised centralized telephone service directory not later than
195-7 March 31. (V.A.C.S. Art. 601b, Sec. 10.09.)
195-8 Sec. 2170.060. DEVELOPMENT OF PLAN FOR STATE
195-9 TELECOMMUNICATIONS NETWORK. (a) The commission, the Department of
195-10 Information Resources, and the comptroller shall develop, in
195-11 coordination with The Texas A&M University System, The University
195-12 of Texas System, other institutions of higher education, and other
195-13 state agencies, a plan for a state telecommunications network that
195-14 will effectively and efficiently meet the long-term requirements of
195-15 state government for voice, video, and computer communications.
195-16 (b) The plan should recognize that all state agencies,
195-17 including institutions of higher education, are a single entity for
195-18 purposes of purchasing and determining tariffs.
195-19 (c) The plan must incorporate efficiencies obtained through
195-20 the use of shared transmission services and open systems
195-21 architecture as they become available, building on existing systems
195-22 as appropriate. The developers of the plan shall make use of the
195-23 technical expertise of state agencies, including institutions of
195-24 higher education. (V.A.C.S. Art. 601b, Sec. 10.05(b) (part).)
195-25 CHAPTER 2171. TRAVEL AND VEHICLE FLEET SERVICES
195-26 SUBCHAPTER A. GENERAL PROVISIONS
195-27 Sec. 2171.001. TRAVEL DIVISION
196-1 Sec. 2171.002. RULES
196-2 (Sections 2171.003-2171.050 reserved for expansion)
196-3 SUBCHAPTER B. TRAVEL SERVICES
196-4 Sec. 2171.051. PROVISION OF TRAVEL-RELATED SERVICES
196-5 Sec. 2171.052. CONTRACTS WITH PROVIDERS OF TRAVEL
196-6 SERVICES
196-7 Sec. 2171.053. CONTRACTS NOT SUBJECT TO COMPETITIVE BIDDING
196-8 REQUIREMENTS
196-9 Sec. 2171.054. TRAVEL VOUCHER AUDITS
196-10 Sec. 2171.055. PARTICIPATION BY STATE AGENCIES IN TRAVEL
196-11 SERVICES CONTRACTS
196-12 Sec. 2171.056. PURCHASE OF OR REIMBURSEMENT FOR TRANSPORTATION
196-13 IN AMOUNT EXCEEDING CONTRACTED RATES
196-14 (Sections 2171.057-2171.100 reserved for expansion)
196-15 SUBCHAPTER C. VEHICLE FLEET SERVICES
196-16 Sec. 2171.101. VEHICLE-REPORTING SYSTEM
196-17 Sec. 2171.102. MAINTENANCE OF STATE VEHICLES
196-18 Sec. 2171.103. FACILITATION OF CONVERSION TO AND USE OF
196-19 ALTERNATIVE FUELS
196-20 CHAPTER 2171. TRAVEL AND VEHICLE FLEET SERVICES
196-21 SUBCHAPTER A. GENERAL PROVISIONS
196-22 Sec. 2171.001. TRAVEL DIVISION. The travel division of the
196-23 commission is composed of the central travel office and the office
196-24 of vehicle fleet management. (V.A.C.S. Art. 601b, Sec. 14.01
196-25 (part).)
196-26 Sec. 2171.002. RULES. The commission shall adopt rules to
196-27 implement this chapter, including rules related to:
197-1 (1) the structure of the commission's travel agency
197-2 contracts;
197-3 (2) the procedures the commission uses in requesting
197-4 and evaluating bids or proposals for travel agency contracts; and
197-5 (3) the use by state agencies of negotiated contract
197-6 rates for travel services. (V.A.C.S. Art. 601b, Sec. 14.01
197-7 (part).)
197-8 (Sections 2171.003-2171.050 reserved for expansion)
197-9 SUBCHAPTER B. TRAVEL SERVICES
197-10 Sec. 2171.051. PROVISION OF TRAVEL-RELATED SERVICES. (a)
197-11 The central travel office shall monitor travel reservations and
197-12 other travel arrangements required for business travel by a state
197-13 employee or state agency and shall provide travel-related services
197-14 as provided by this chapter.
197-15 (b) State agencies shall use the office's services to the
197-16 maximum extent consistent with improved economy and efficiency.
197-17 (c) After approval by the executive director, the central
197-18 travel office shall designate state agencies that may use the
197-19 services of the office. The executive director shall approve the
197-20 use of those services by the designated state agencies after the
197-21 director of the travel division certifies to the executive director
197-22 that the central travel office is capable of providing those
197-23 services. (V.A.C.S. Art. 601b, Sec. 14.02(a).)
197-24 Sec. 2171.052. CONTRACTS WITH PROVIDERS OF TRAVEL SERVICES.
197-25 (a) The central travel office may negotiate contracts with private
197-26 travel agents, with travel and transportation providers, and with
197-27 credit card companies that provide travel services and other
198-1 benefits to the state.
198-2 (b) The commission shall make contracts with more than one
198-3 provider of travel agency services. (V.A.C.S. Art. 601b, Sec.
198-4 14.02(b) (part).)
198-5 Sec. 2171.053. CONTRACTS NOT SUBJECT TO COMPETITIVE BIDDING
198-6 REQUIREMENTS. Contracts under this subchapter are not subject to
198-7 the competitive bidding requirements imposed under Chapters
198-8 2155-2158. (V.A.C.S. Art. 601b, Sec. 14.02(b) (part).)
198-9 Sec. 2171.054. TRAVEL VOUCHER AUDITS. The comptroller
198-10 shall, under Chapter 403, audit travel vouchers for compliance with
198-11 rules adopted to enforce this subchapter. (V.A.C.S. Art. 601b,
198-12 Sec. 14.02(b) (part).)
198-13 Sec. 2171.055. PARTICIPATION BY STATE AGENCIES IN TRAVEL
198-14 SERVICES CONTRACTS. (a) State agencies in the executive branch of
198-15 state government shall participate under commission rules in the
198-16 commission's contracts for travel services.
198-17 (b) An institution of higher education as defined by Section
198-18 61.003, Education Code, is not required to participate in the
198-19 commission's contracts for travel agency services or other travel
198-20 services purchased from funds other than general revenue funds or
198-21 educational and general funds as defined by Section 51.009,
198-22 Education Code.
198-23 (c) The commission may provide by rule for exemptions from
198-24 required participation.
198-25 (d) Agencies of the state that are not required to
198-26 participate in commission contracts for travel services may
198-27 participate as provided by Section 2171.051. (V.A.C.S. Art. 601b,
199-1 Sec. 14.02(c).)
199-2 Sec. 2171.056. PURCHASE OF OR REIMBURSEMENT FOR
199-3 TRANSPORTATION IN AMOUNT EXCEEDING CONTRACTED RATES. (a) This
199-4 section applies only to a state agency in the executive branch of
199-5 state government that is required to participate in the
199-6 commission's contracts for travel services.
199-7 (b) Except as provided by commission rule, a state agency
199-8 may not:
199-9 (1) purchase commercial airline or rental car
199-10 transportation if the amount of the purchase exceeds the amount of
199-11 the central travel office's contracted fares or rates; or
199-12 (2) reimburse a person for the purchase of commercial
199-13 airline or rental car transportation for the amount that exceeds
199-14 the amount of the central travel office's contracted fares or
199-15 rates.
199-16 (c) The commission shall educate state agencies about this
199-17 section.
199-18 (d) The comptroller shall audit travel vouchers under
199-19 Chapter 403 for compliance with this section.
199-20 (e) The commission shall adopt rules related to exemptions
199-21 from the prohibition prescribed by Subsection (b). To facilitate
199-22 the audit of the travel vouchers, the commission shall consult with
199-23 the comptroller before the commission adopts rules or procedures
199-24 under Subsection (b). (V.A.C.S. Art. 601b, Secs. 14.01 (part),
199-25 14.02(d), (e).)
199-26 (Sections 2171.057-2171.100 reserved for expansion)
199-27 SUBCHAPTER C. VEHICLE FLEET SERVICES
200-1 Sec. 2171.101. VEHICLE-REPORTING SYSTEM. (a) The office of
200-2 vehicle fleet management shall establish a vehicle-reporting system
200-3 to assist each state agency in the management of its vehicle fleet.
200-4 (b) The office shall:
200-5 (1) develop automated information retrieval systems to
200-6 implement the reporting system; and
200-7 (2) maintain a complete inventory of agency vehicles
200-8 by class of vehicle.
200-9 (c) The office shall determine the average cost of operation
200-10 for each class of vehicle. (V.A.C.S. Art. 601b, Sec. 14.03(a).)
200-11 Sec. 2171.102. MAINTENANCE OF STATE VEHICLES. (a) The
200-12 office of vehicle fleet management shall provide routine periodic
200-13 maintenance service to state agencies located in Travis County.
200-14 The office shall charge a fee for the service.
200-15 (b) The office shall negotiate contracts for major overhauls
200-16 and other extensive mechanical work.
200-17 (c) Contracts entered into under this section are not
200-18 subject to the competitive bidding requirements imposed under
200-19 Chapters 2155-2158. (V.A.C.S. Art. 601b, Sec. 14.03(b).)
200-20 Sec. 2171.103. FACILITATION OF CONVERSION TO AND USE OF
200-21 ALTERNATIVE FUELS. (a) The office of vehicle fleet management may
200-22 act as necessary to encourage and facilitate the conversion and use
200-23 of motor vehicles that are capable of using alternative fuels,
200-24 especially compressed natural gas.
200-25 (b) The office may:
200-26 (1) establish centralized refueling stations
200-27 throughout the state;
201-1 (2) operate regional conversion and repair facilities;
201-2 and
201-3 (3) provide all services and support necessary to
201-4 expedite the use of compressed natural gas or other alternative
201-5 fuels by state agencies as required by Subchapter A, Chapter 2158,
201-6 and by school districts as required by Section 2155.201. (V.A.C.S.
201-7 Art. 601b, Sec. 14.03(c).)
201-8 CHAPTER 2172. MISCELLANEOUS GENERAL SERVICES
201-9 PROVIDED BY COMMISSION
201-10 Sec. 2172.001. CENTRAL SUPPLY STORE
201-11 Sec. 2172.002. BUSINESS MACHINE REPAIR
201-12 Sec. 2172.003. PRINTING
201-13 Sec. 2172.004. ARCHIVES
201-14 Sec. 2172.005. DONATIONS
201-15 CHAPTER 2172. MISCELLANEOUS GENERAL SERVICES
201-16 PROVIDED BY COMMISSION
201-17 Sec. 2172.001. CENTRAL SUPPLY STORE. (a) The commission
201-18 shall operate a central supply store at which only state agencies,
201-19 the legislature, and legislative agencies may obtain small supply
201-20 items.
201-21 (b) After the close of each month, the commission shall send
201-22 a purchase voucher to each using entity for the supply items
201-23 purchased. (V.A.C.S. Art. 601b, Sec. 11.04.)
201-24 Sec. 2172.002. BUSINESS MACHINE REPAIR. (a) The commission
201-25 shall maintain a facility for repairing office machines and shall
201-26 offer repair services to the following entities located in Austin:
201-27 (1) state agencies;
202-1 (2) the legislature; and
202-2 (3) legislative agencies.
202-3 (b) Using entities shall pay the commission for repair
202-4 services by vouchers prepared and sent to the using entity by the
202-5 commission.
202-6 (c) The commission may not repair or maintain a privately
202-7 owned machine. (V.A.C.S. Art. 601b, Sec. 11.03.)
202-8 Sec. 2172.003. PRINTING. (a) The commission may:
202-9 (1) assist a state agency with the agency's printing
202-10 activities; and
202-11 (2) assess and evaluate those activities.
202-12 (b) The commission may recommend changes intended to
202-13 increase the productivity and cost-effectiveness of printing
202-14 operations of state agencies. Recommendations may be reported
202-15 periodically to the appropriate associate deputy director under
202-16 commission rules.
202-17 (c) The commission may:
202-18 (1) adopt standard accounting procedures that permit
202-19 evaluating and comparing the costs of printing operations conducted
202-20 by state agencies;
202-21 (2) coordinate activities among state print shops;
202-22 (3) review state agency requisitions for new printing
202-23 shop equipment;
202-24 (4) assist state agencies in expediting the production
202-25 of printing and graphic arts;
202-26 (5) maintain a roster of state print shops and their
202-27 equipment, facilities, and special capabilities;
203-1 (6) serve as a clearinghouse for private vendors of
203-2 printing services to ensure that printing services and supplies are
203-3 purchased in the most efficient and economical manner;
203-4 (7) coordinate the consolidation of print shops
203-5 operated by state agencies when the agencies involved determine
203-6 that consolidation is appropriate; and
203-7 (8) develop procedures for the recovery of the
203-8 commission's reasonable costs under Chapter 317 from amounts
203-9 appropriated to the state agencies for which identified savings are
203-10 achieved.
203-11 (d) This section does not apply to an institution of higher
203-12 education. (V.A.C.S. Art. 601b, Sec. 11.06.)
203-13 Sec. 2172.004. ARCHIVES. The commission may store and
203-14 display the archives of Texas. (V.A.C.S. Art. 601b, Sec. 5.09.)
203-15 Sec. 2172.005. DONATIONS. The commission may solicit and
203-16 accept private donations for the Congress Avenue beautification
203-17 program, a capital improvements project in Austin. The program
203-18 includes improvements in the capitol complex generally north of the
203-19 Capitol along either side of Congress Avenue. (V.A.C.S. Art. 601b,
203-20 Sec. 5.33.)
203-21 (Chapters 2173-2174 reserved for expansion)
203-22 CHAPTER 2175. SURPLUS AND SALVAGE PROPERTY
203-23 SUBCHAPTER A. GENERAL PROVISIONS
203-24 Sec. 2175.001. DEFINITIONS
203-25 Sec. 2175.002. ADMINISTRATION OF CHAPTER
203-26 Sec. 2175.003. SEPARATE AND INDEPENDENT OPERATION OF SURPLUS
203-27 AND SALVAGE PROPERTY DIVISION
204-1 Sec. 2175.004. CIVIL AIR PATROL; VOLUNTEER FIRE
204-2 DEPARTMENTS
204-3 (Sections 2175.005-2175.060 reserved for expansion)
204-4 SUBCHAPTER B. COMMISSION POWERS AND DUTIES
204-5 Sec. 2175.061. RULES, FORMS, AND PROCEDURES
204-6 Sec. 2175.062. MAILING LIST; LIST OF PROSPECTIVE BUYERS
204-7 Sec. 2175.063. MAXIMUM RETURN FROM DISPOSITION OF SURPLUS
204-8 OR SALVAGE PROPERTY
204-9 Sec. 2175.064. COOPERATION IN EVALUATION AND ANALYSIS
204-10 Sec. 2175.065. DELEGATION OF AUTHORITY TO STATE AGENCY
204-11 (Sections 2175.066-2175.120 reserved for expansion)
204-12 SUBCHAPTER C. DIRECT TRANSFER OF SURPLUS OR SALVAGE PROPERTY
204-13 Sec. 2175.121. STATE AGENCY NOTICE TO COMMISSION
204-14 Sec. 2175.122. COMMISSION NOTICE TO OTHER ENTITIES
204-15 Sec. 2175.123. DIRECT NEGOTIATION FOR TRANSFER
204-16 Sec. 2175.124. NOTICE OF TRANSFER TO COMPTROLLER AND
204-17 COMMISSION; ADJUSTMENT OF APPROPRIATIONS AND
204-18 INVENTORY
204-19 Sec. 2175.125. PRIORITY FOR TRANSFER TO STATE AGENCY
204-20 (Sections 2175.126-2175.180 reserved for expansion)
204-21 SUBCHAPTER D. DISPOSITION OF SURPLUS OR SALVAGE PROPERTY
204-22 BY COMPETITIVE BIDDING
204-23 Sec. 2175.181. DISPOSITION BY COMPETITIVE BIDDING OR
204-24 AUCTION
204-25 Sec. 2175.182. PURCHASER'S FEE
204-26 Sec. 2175.183. ADVERTISEMENT OF SALE
204-27 Sec. 2175.184. REPORTING SALE; INVENTORY ADJUSTMENT
205-1 Sec. 2175.185. PROCEEDS OF SALE
205-2 Sec. 2175.186. PURCHASER'S TITLE
205-3 (Sections 2175.187-2175.240 reserved for expansion)
205-4 SUBCHAPTER E. DESTRUCTION OF SURPLUS OR SALVAGE PROPERTY
205-5 Sec. 2175.241. WHEN SURPLUS OR SALVAGE PROPERTY MAY BE
205-6 DESTROYED; REPORT OF DESTRUCTION
205-7 Sec. 2175.242. REMOVAL OF DESTROYED PROPERTY FROM STATE
205-8 INVENTORY
205-9 (Sections 2175.243-2175.300 reserved for expansion)
205-10 SUBCHAPTER F. EXCEPTIONS
205-11 Sec. 2175.301. SURPLUS PROPERTY OF LEGISLATURE
205-12 Sec. 2175.302. EXCEPTION FOR ELEEMOSYNARY INSTITUTIONS
205-13 AND INSTITUTIONS AND AGENCIES OF
205-14 HIGHER EDUCATION
205-15 Sec. 2175.303. EXCEPTION FOR CERTAIN PRODUCTS
205-16 (Sections 2175.304-2175.360 reserved for expansion)
205-17 SUBCHAPTER G. FEDERAL SURPLUS PROPERTY
205-18 Sec. 2175.361. DEFINITIONS
205-19 Sec. 2175.362. DESIGNATED AGENCY
205-20 Sec. 2175.363. ACQUISITION, WAREHOUSING, AND DISTRIBUTION OF
205-21 FEDERAL PROPERTY
205-22 Sec. 2175.364. COMMISSION ASSISTANCE IN PROCUREMENT AND USE
205-23 OF PROPERTY
205-24 Sec. 2175.365. STATE PLAN OF OPERATION; COMPLIANCE WITH
205-25 MINIMUM FEDERAL STANDARDS
205-26 Sec. 2175.366. ADMINISTRATIVE FUNCTIONS; COMPLIANCE WITH
205-27 FEDERAL REQUIREMENTS
206-1 Sec. 2175.367. CONTRACTS
206-2 Sec. 2175.368. ACQUISITION OR IMPROVEMENT OF PROPERTY; RENT
206-3 PAYMENTS
206-4 Sec. 2175.369. CHARGES
206-5 Sec. 2175.370. SURPLUS PROPERTY SERVICE CHARGE FUND
206-6 Sec. 2175.371. ADVISORY BOARDS AND COMMITTEES
206-7 Sec. 2175.372. PERSONNEL
206-8 (Sections 2175.373-2175.900 reserved for expansion)
206-9 SUBCHAPTER Z. MISCELLANEOUS PROVISIONS
206-10 Sec. 2175.901. PURCHASE OF CHAIRS BY CERTAIN STATE OFFICERS AND
206-11 AGENCY HEADS
206-12 Sec. 2175.902. WASTEPAPER
206-13 Sec. 2175.903. PROPERTY USED AS TRADE-IN
206-14 CHAPTER 2175. SURPLUS AND SALVAGE PROPERTY
206-15 SUBCHAPTER A. GENERAL PROVISIONS
206-16 Sec. 2175.001. DEFINITIONS. In this chapter:
206-17 (1) "Assistance organization" means:
206-18 (A) a nonprofit organization that provides
206-19 educational, health, or human services or assistance to homeless
206-20 individuals;
206-21 (B) a nonprofit food bank that solicits,
206-22 warehouses, and redistributes edible but unmarketable food to an
206-23 agency that feeds needy families and individuals; and
206-24 (C) Texas Partners of the Americas, a registered
206-25 agency with the Advisory Committee on Voluntary Foreign Aid, with
206-26 the approval of the Partners of the Alliance office of the Agency
206-27 for International Development.
207-1 (2) "Personal property" includes:
207-2 (A) personal property lawfully confiscated and
207-3 subject to disposal by a state agency; and
207-4 (B) personal property affixed to real property,
207-5 if its removal and disposition is for a lawful purpose under this
207-6 or another law.
207-7 (3) "Salvage property" means personal property that
207-8 through use, time, or accident is so damaged, used, or consumed
207-9 that it has no value for the purpose for which it was originally
207-10 intended.
207-11 (4) "Surplus property" means personal property that
207-12 exceeds a state agency's needs and is not required for the agency's
207-13 foreseeable needs. The term includes used or new property that
207-14 retains some usefulness for the purpose for which it was intended
207-15 or for another purpose. (V.A.C.S. Art. 601b, Sec. 9.01(a)(3)
207-16 (part), (4) (part), (5), (7).)
207-17 Sec. 2175.002. ADMINISTRATION OF CHAPTER. The commission's
207-18 surplus and salvage property division shall administer this
207-19 chapter. (V.A.C.S. Art. 601b, Sec. 2.09(c) (part).)
207-20 Sec. 2175.003. SEPARATE AND INDEPENDENT OPERATION OF SURPLUS
207-21 AND SALVAGE PROPERTY DIVISION. (a) The surplus and salvage
207-22 property division shall operate independently of the rest of the
207-23 commission, except that the division may share support functions
207-24 with other divisions.
207-25 (b) Administrative offices of the surplus and salvage
207-26 property division shall be housed in a building that is separate
207-27 from buildings that house other commission functions.
208-1 (c) The commission's assignment to the executive director of
208-2 direct management duties for the surplus and salvage property
208-3 division does not alter the requirements of Subsections (a) and
208-4 (b), except that the executive director's office need not be
208-5 relocated. (V.A.C.S. Art. 601b, Sec. 2.09(c) (part).)
208-6 Sec. 2175.004. CIVIL AIR PATROL; VOLUNTEER FIRE DEPARTMENTS.
208-7 For purposes of this chapter:
208-8 (1) the Civil Air Patrol, Texas Wing, is considered a
208-9 state agency; and
208-10 (2) a volunteer fire department is considered a
208-11 political subdivision. (V.A.C.S. Art. 601b, Secs. 9.01(b), (c).)
208-12 (Sections 2175.005-2175.060 reserved for expansion)
208-13 SUBCHAPTER B. COMMISSION POWERS AND DUTIES
208-14 Sec. 2175.061. RULES, FORMS, AND PROCEDURES. (a) The
208-15 commission shall establish and maintain procedures for the
208-16 transfer, sale, or disposal of surplus and salvage property as
208-17 prescribed by law.
208-18 (b) Subject to the review and comment of the state auditor,
208-19 the commission may prescribe forms and reports necessary to
208-20 administer this chapter and may adopt necessary rules, including
208-21 rules governing the sale or transfer of surplus or salvage property
208-22 to state agencies, political subdivisions, or assistance
208-23 organizations. (V.A.C.S. Art. 601b, Secs. 9.02 (part), 9.04(f),
208-24 9.09.)
208-25 Sec. 2175.062. MAILING LIST; LIST OF PROSPECTIVE BUYERS.
208-26 The commission shall maintain:
208-27 (1) a mailing list, which it shall renew annually, of
209-1 assistance organizations and individuals responsible for purchasing
209-2 for political subdivisions who have requested information regarding
209-3 available state surplus or salvage property; and
209-4 (2) a list of other prospective buyers of surplus and
209-5 salvage property. (V.A.C.S. Art. 601b, Secs. 9.03, 9.07 (part).)
209-6 Sec. 2175.063. MAXIMUM RETURN FROM DISPOSITION OF SURPLUS OR
209-7 SALVAGE PROPERTY. (a) The commission shall attempt to realize the
209-8 maximum benefit to the state in selling or disposing of surplus and
209-9 salvage property.
209-10 (b) The commission may reject any or all offers for surplus
209-11 or salvage property if it determines that rejection is in the
209-12 state's best interests. (V.A.C.S. Art. 601b, Sec. 9.07 (part).)
209-13 Sec. 2175.064. COOPERATION IN EVALUATION AND ANALYSIS. (a)
209-14 The commission shall cooperate with state agencies in an ongoing
209-15 effort to evaluate surplus and salvage property to minimize loss
209-16 resulting from accumulations of property.
209-17 (b) The commission shall cooperate with the state auditor in
209-18 analyzing surplus and salvage property. (V.A.C.S. Art. 601b, Sec.
209-19 9.07 (part).)
209-20 Sec. 2175.065. DELEGATION OF AUTHORITY TO STATE AGENCY. The
209-21 commission may authorize a state agency to dispose of surplus or
209-22 salvage property if the agency demonstrates to the commission its
209-23 ability to dispose of the property under commission rules adopted
209-24 under this chapter. (V.A.C.S. Art. 601b, Sec. 9.14 (part).)
209-25 (Sections 2175.066-2175.120 reserved for expansion)
209-26 SUBCHAPTER C. DIRECT TRANSFER OF SURPLUS OR SALVAGE PROPERTY
209-27 Sec. 2175.121. STATE AGENCY NOTICE TO COMMISSION. A state
210-1 agency that determines it has surplus or salvage property shall
210-2 inform the commission of the property's kind, number, location,
210-3 condition, original cost or value, and date of acquisition.
210-4 (V.A.C.S. Art. 601b, Sec. 9.04(a).)
210-5 Sec. 2175.122. COMMISSION NOTICE TO OTHER ENTITIES. On
210-6 receiving notice from a state agency that the agency has surplus or
210-7 salvage property, the commission shall inform other state agencies,
210-8 political subdivisions, and assistance organizations of the
210-9 property's kind, number, location, and condition. (V.A.C.S.
210-10 Art. 601b, Sec. 9.04(b).)
210-11 Sec. 2175.123. DIRECT NEGOTIATION FOR TRANSFER. During the
210-12 35 days after the date of notice under Section 2175.122, a state
210-13 agency or political subdivision may negotiate directly with the
210-14 reporting state agency for a transfer of the property at an agreed
210-15 value. (V.A.C.S. Art. 601b, Sec. 9.04(c) (part).)
210-16 Sec. 2175.124. NOTICE OF TRANSFER TO COMPTROLLER AND
210-17 COMMISSION; ADJUSTMENT OF APPROPRIATIONS AND INVENTORY. (a) If
210-18 property is transferred to a state agency, the participating
210-19 agencies shall report the transaction to the comptroller and the
210-20 commission.
210-21 (b) On receiving notice under this section, the comptroller
210-22 shall:
210-23 (1) debit and credit the proper appropriations; and
210-24 (2) adjust state inventory records if necessary.
210-25 (V.A.C.S. Art. 601b, Sec. 9.04(c) (part).)
210-26 Sec. 2175.125. PRIORITY FOR TRANSFER TO STATE AGENCY.
210-27 During the 35 days after the date of notice under Section 2175.122,
211-1 a transfer to a state agency has priority over any other transfer
211-2 under rules adopted by the commission. (V.A.C.S. Art. 601b, Sec.
211-3 9.04(c) (part).)
211-4 (Sections 2175.126-2175.180 reserved for expansion)
211-5 SUBCHAPTER D. DISPOSITION OF SURPLUS OR SALVAGE PROPERTY
211-6 BY COMPETITIVE BIDDING
211-7 Sec. 2175.181. DISPOSITION BY COMPETITIVE BIDDING OR
211-8 AUCTION. If a disposition of a state agency's surplus or salvage
211-9 property is not made under Subchapter C, the commission shall:
211-10 (1) sell the property by competitive bid or auction;
211-11 or
211-12 (2) delegate to the state agency authority to sell the
211-13 property by competitive bidding. (V.A.C.S. Art. 601b, Sec. 9.05(a)
211-14 (part).)
211-15 Sec. 2175.182. PURCHASER'S FEE. (a) The commission or a
211-16 state agency disposing of property under this subchapter shall
211-17 collect a fee from the purchaser.
211-18 (b) The commission shall set the fee at an amount that is:
211-19 (1) sufficient to recover costs associated with the
211-20 sale; and
211-21 (2) at least two percent but not more than 12 percent
211-22 of sale proceeds. (V.A.C.S. Art. 601b, Secs. 9.05(a) (part), (c)
211-23 (part), (d) (part).)
211-24 Sec. 2175.183. ADVERTISEMENT OF SALE. If the value of an
211-25 item or a lot of property to be sold is estimated to be more than
211-26 $1,000, the commission or the state agency authorized to sell the
211-27 property shall advertise the sale at least once in at least one
212-1 newspaper of general circulation in the vicinity in which the
212-2 property is located. (V.A.C.S. Art. 601b, Sec. 9.05(b).)
212-3 Sec. 2175.184. REPORTING SALE; INVENTORY ADJUSTMENT. (a)
212-4 On the sale by the commission of surplus or salvage property, the
212-5 commission shall report the property sold and the sale price to the
212-6 state agency that declared the property as surplus or salvage.
212-7 (b) A state agency for which surplus or salvage property is
212-8 sold, or that sells surplus or salvage property under authority of
212-9 the commission, shall report the sale and amount of sale proceeds
212-10 to the comptroller.
212-11 (c) If property reported under this section is on the state
212-12 inventory, the comptroller shall remove the property from the
212-13 inventory. (V.A.C.S. Art. 601b, Secs. 9.05(c) (part), (d)
212-14 (part).)
212-15 Sec. 2175.185. PROCEEDS OF SALE. (a) Proceeds from the
212-16 sale of surplus or salvage property, less the cost of advertising
212-17 the sale, the cost of auctioneer services, and the amount of the
212-18 fee collected under Section 2175.182, shall be deposited to the
212-19 credit of the appropriate appropriation item of the state agency
212-20 for which the sale was made.
212-21 (b) The portion of sale proceeds equal to the cost of
212-22 advertising the sale and the cost of auctioneer services shall be
212-23 deposited in the state treasury to the credit of the appropriation
212-24 item of the commission or other state agency from which the costs
212-25 were paid. (V.A.C.S. Art. 601b, Sec. 9.05(e) (part).)
212-26 Sec. 2175.186. PURCHASER'S TITLE. A purchaser of surplus or
212-27 salvage property at a sale conducted under this subchapter obtains
213-1 good title to the property if the purchaser has in good faith
213-2 complied with:
213-3 (1) the conditions of the sale; and
213-4 (2) applicable commission rules. (V.A.C.S. Art. 601b,
213-5 Sec. 9.08.)
213-6 (Sections 2175.187-2175.240 reserved for expansion)
213-7 SUBCHAPTER E. DESTRUCTION OF SURPLUS OR SALVAGE PROPERTY
213-8 Sec. 2175.241. WHEN SURPLUS OR SALVAGE PROPERTY MAY BE
213-9 DESTROYED; REPORT OF DESTRUCTION. If the commission cannot sell or
213-10 dispose of property reported to the commission as surplus or
213-11 salvage, it may order the property destroyed as worthless salvage
213-12 and report the destruction to the reporting agency. (V.A.C.S.
213-13 Art. 601b, Sec. 9.06 (part).)
213-14 Sec. 2175.242. REMOVAL OF DESTROYED PROPERTY FROM STATE
213-15 INVENTORY. (a) On destruction of property under this subchapter,
213-16 the comptroller may remove the destroyed property from the state
213-17 inventory.
213-18 (b) Authorization by the commission is not required for the
213-19 deletion of salvage items of another state agency from the state
213-20 inventory.
213-21 (c) This subchapter does not affect Section 403.273, which
213-22 provides for the deletion from inventory of a state agency's
213-23 missing property on the state auditor's authorization. (V.A.C.S.
213-24 Art. 601b, Sec. 9.06 (part).)
213-25 (Sections 2175.243-2175.300 reserved for expansion)
213-26 SUBCHAPTER F. EXCEPTIONS
213-27 Sec. 2175.301. SURPLUS PROPERTY OF LEGISLATURE. (a) This
214-1 chapter does not apply to disposition of surplus property by either
214-2 house of the legislature under a disposition system provided by
214-3 rules of the administration committee of each house.
214-4 (b) If surplus property of either house of the legislature
214-5 is sold, proceeds of the sale shall be deposited in the state
214-6 treasury to the credit of that house's appropriation. (V.A.C.S.
214-7 Art. 601b, Sec. 9.10.)
214-8 Sec. 2175.302. EXCEPTION FOR ELEEMOSYNARY INSTITUTIONS AND
214-9 INSTITUTIONS AND AGENCIES OF HIGHER EDUCATION. This chapter does
214-10 not apply to the disposition of surplus or salvage property by a
214-11 state eleemosynary institution or an institution or agency of
214-12 higher education. (V.A.C.S. Art. 601b, Sec. 9.14 (part).)
214-13 Sec. 2175.303. EXCEPTION FOR CERTAIN PRODUCTS. This chapter
214-14 does not apply to disposition of a product or by-product of
214-15 research, forestry, agriculture, livestock, or an industrial
214-16 enterprise. (V.A.C.S. Art. 601b, Sec. 9.13.)
214-17 (Sections 2175.304-2175.360 reserved for expansion)
214-18 SUBCHAPTER G. FEDERAL SURPLUS PROPERTY
214-19 Sec. 2175.361. DEFINITIONS. In this subchapter:
214-20 (1) "Federal act" means the Federal Property and
214-21 Administrative Services Act of 1949 (40 U.S.C. Section 484).
214-22 (2) "Federal property" means federal surplus property
214-23 acquired by the commission or under the commission's jurisdiction
214-24 under this subchapter and under 40 U.S.C. Section 483c or Section
214-25 484(j) or (k) of the federal act. The term includes federal real
214-26 property acquired under Section 484(k) of the federal act.
214-27 (V.A.C.S. Art. 601b, Sec. 9.01(a)(3) (part), (4) (part), (8).)
215-1 Sec. 2175.362. DESIGNATED AGENCY. The commission is the
215-2 designated state agency under Section 484(j) of the federal act.
215-3 (V.A.C.S. Art. 601b, Sec. 9.16(a).)
215-4 Sec. 2175.363. ACQUISITION, WAREHOUSING, AND DISTRIBUTION OF
215-5 FEDERAL PROPERTY. (a) The commission may acquire and warehouse
215-6 federal property allocated to the commission under the federal act
215-7 and distribute the property to an entity or institution that meets
215-8 the eligibility qualifications for the property under the federal
215-9 act.
215-10 (b) The commission shall establish and maintain procedures
215-11 to implement this section.
215-12 (c) The commission is not required to comply with the
215-13 provisions of this chapter that relate to the disposition of
215-14 surplus state agency property in acquiring, warehousing, and
215-15 distributing federal surplus property under this chapter.
215-16 (V.A.C.S. Art. 601b, Secs. 9.02 (part), 9.16(b).)
215-17 Sec. 2175.364. COMMISSION ASSISTANCE IN PROCUREMENT AND USE
215-18 OF PROPERTY. The commission may:
215-19 (1) disseminate information and assist a potential
215-20 applicant regarding the availability of federal real property;
215-21 (2) assist in the processing of an application for
215-22 acquisition of federal real property and related personal property
215-23 under Section 484(k) of the federal act;
215-24 (3) act as an information clearinghouse for an entity
215-25 that may be eligible to acquire federal property and, as necessary,
215-26 assist the entity to obtain federal property;
215-27 (4) assist in assuring use of the property; and
216-1 (5) engage in an activity relating to the use of
216-2 federal property by another state agency, institution, or
216-3 organization engaging in or receiving assistance under a federal
216-4 program. (V.A.C.S. Art. 601b, Secs. 9.16(c), (g).)
216-5 Sec. 2175.365. STATE PLAN OF OPERATION; COMPLIANCE WITH
216-6 MINIMUM FEDERAL STANDARDS. The commission shall:
216-7 (1) file a state plan of operation that complies with
216-8 federal law and operate in accordance with the plan;
216-9 (2) take necessary action to meet the minimum
216-10 standards for a state agency in accordance with the federal act;
216-11 and
216-12 (3) cooperate to the fullest extent consistent with
216-13 this subchapter. (V.A.C.S. Art. 601b, Sec. 9.16(d).)
216-14 Sec. 2175.366. ADMINISTRATIVE FUNCTIONS; COMPLIANCE WITH
216-15 FEDERAL REQUIREMENTS. The commission may:
216-16 (1) make the necessary certifications and undertake
216-17 necessary action, including an investigation;
216-18 (2) make expenditures or reports that may be required
216-19 by federal law or regulation or that are otherwise necessary to
216-20 provide for the proper and efficient management of its functions
216-21 under this subchapter;
216-22 (3) provide information and reports relating to its
216-23 activities under this subchapter that may be required by a federal
216-24 agency or department; and
216-25 (4) adopt rules necessary for the efficient operation
216-26 of its activities under this subchapter or as may be required by
216-27 federal law or regulation. (V.A.C.S. Art. 601b, Sec. 9.16(e).)
217-1 Sec. 2175.367. CONTRACTS. The commission may enter into an
217-2 agreement, including:
217-3 (1) a cooperative agreement with a federal agency
217-4 under Section 484(n) of the federal act;
217-5 (2) an agreement with a state agency for surplus
217-6 property of a state agency that will promote the administration of
217-7 the commission's functions under this subchapter; or
217-8 (3) an agreement with a group or association of state
217-9 agencies for surplus property that will promote the administration
217-10 of the commission's functions under this subchapter. (V.A.C.S.
217-11 Art. 601b, Sec. 9.16(f).)
217-12 Sec. 2175.368. ACQUISITION OR IMPROVEMENT OF PROPERTY; RENT
217-13 PAYMENTS. The commission may:
217-14 (1) acquire and hold title or make capital
217-15 improvements to federal real property in accordance with Section
217-16 2175.369; or
217-17 (2) make an advance payment of rent for a distribution
217-18 center, an office space, or another facility that is required to
217-19 accomplish the commission's functions under this subchapter.
217-20 (V.A.C.S. Art. 601b, Sec. 9.16(h).)
217-21 Sec. 2175.369. CHARGES. (a) The commission may collect a
217-22 service charge for the commission's acquisition, warehousing,
217-23 distribution, or transfer of federal property.
217-24 (b) The commission may not collect a charge for federal real
217-25 property in an amount that is greater than the reasonable
217-26 administrative cost the commission incurs in transferring the
217-27 property. (V.A.C.S. Art. 601b, Sec. 9.16(i).)
218-1 Sec. 2175.370. SURPLUS PROPERTY SERVICE CHARGE FUND. (a)
218-2 The commission shall deposit a charge collected under Section
218-3 2175.369 in the state treasury to the credit of the surplus
218-4 property service charge fund.
218-5 (b) Income earned on money in the surplus property service
218-6 charge fund shall be credited to that fund.
218-7 (c) Money in the surplus property service charge fund may be
218-8 used only to accomplish the commission's functions under this
218-9 subchapter. (V.A.C.S. Art. 601b, Sec. 9.16(j).)
218-10 Sec. 2175.371. ADVISORY BOARDS AND COMMITTEES. The
218-11 commission may appoint advisory boards and committees necessary and
218-12 suitable to administer this subchapter. (V.A.C.S. Art. 601b, Sec.
218-13 9.16(k).)
218-14 Sec. 2175.372. PERSONNEL. (a) The commission may employ,
218-15 compensate, and prescribe the duties of personnel, other than
218-16 members of advisory boards and committees, necessary and suitable
218-17 to administer this subchapter.
218-18 (b) The commission may fill a personnel position only with
218-19 an individual selected and appointed on a nonpartisan merit basis.
218-20 (V.A.C.S. Art. 601b, Sec. 9.16(l).)
218-21 (Sections 2175.373-2175.900 reserved for expansion)
218-22 SUBCHAPTER Z. MISCELLANEOUS PROVISIONS
218-23 Sec. 2175.901. PURCHASE OF CHAIRS BY CERTAIN STATE OFFICERS
218-24 AND AGENCY HEADS. (a) Notwithstanding other law, on vacating an
218-25 office or terminating employment, an elected or appointed state
218-26 officer or an executive head of a state agency in the legislative,
218-27 executive, or judicial branch of state government may purchase for
219-1 fair market value the chair used by the officer or employee during
219-2 the person's period of state service.
219-3 (b) The fair market value of a chair shall be determined:
219-4 (1) for an executive agency or a legislative agency
219-5 other than the legislature, by the commission;
219-6 (2) for a judicial agency, by the chief justice of the
219-7 supreme court;
219-8 (3) for the house of representatives, by the speaker
219-9 of the house of representatives; and
219-10 (4) for the senate, by the lieutenant governor.
219-11 (V.A.C.S. Art. 601b, Sec. 9.11.)
219-12 Sec. 2175.902. WASTEPAPER. (a) The commission shall
219-13 establish and maintain in each building under its control
219-14 facilities for collecting separately from other wastes all
219-15 wastepaper disposed of in that building.
219-16 (b) The commission shall sell the wastepaper for recycling
219-17 to the highest bidder. (V.A.C.S. Art. 601b, Sec. 9.15.)
219-18 Sec. 2175.903. PROPERTY USED AS TRADE-IN. A state agency
219-19 may offer surplus or salvage property as a trade-in on new property
219-20 of the same general type if the exchange is in the state's best
219-21 interests. (V.A.C.S. Art. 601b, Sec. 9.12.)
219-22 CHAPTER 2176. MAIL
219-23 SUBCHAPTER A. EVALUATION AND PLANNING OF MAIL OPERATIONS
219-24 Sec. 2176.001. MAIL OPERATIONS OFFICER
219-25 Sec. 2176.002. STATE AGENCY EVALUATION AND IMPROVEMENT OF
219-26 MAIL OPERATIONS
219-27 Sec. 2176.003. COMMISSION EVALUATION OF STATE AGENCY
220-1 MAIL OPERATIONS
220-2 Sec. 2176.004. COMMISSION PROCEDURES FOR IMPROVEMENT OF MAIL
220-3 OPERATIONS
220-4 Sec. 2176.005. STATE AGENCY REPORTS ON MAIL OPERATIONS
220-5 Sec. 2176.006. MAILING LISTS
220-6 (Sections 2176.007-2176.050 reserved for expansion)
220-7 SUBCHAPTER B. INTERAGENCY MAIL
220-8 Sec. 2176.051. INTERAGENCY MAIL SERVICE
220-9 Sec. 2176.052. USE OF UNITED STATES POSTAL SERVICE; ALTERNATE
220-10 DELIVERY METHODS
220-11 Sec. 2176.053. DELIVERY OF STATE WARRANTS
220-12 (Sections 2176.054-2176.100 reserved for expansion)
220-13 SUBCHAPTER C. OUTGOING FIRST-CLASS MAIL IN TRAVIS COUNTY
220-14 Sec. 2176.101. APPLICABILITY OF SUBCHAPTER
220-15 Sec. 2176.102. COMMISSION EVALUATION
220-16 Sec. 2176.103. DISCOUNTED POSTAL RATES
220-17 Sec. 2176.104. REQUIREMENT TO CONSULT WITH COMMISSION
220-18 Sec. 2176.105. GUIDELINES FOR MEASURING AND ANALYZING
220-19 FIRST-CLASS MAIL PRACTICES
220-20 Sec. 2176.106. TRAINING
220-21 Sec. 2176.107. PREREQUISITE TO UPGRADING OR REPLACING MAIL
220-22 EQUIPMENT; COMPARISON AND ANALYSIS
220-23 Sec. 2176.108. REVIEW AND COMMENT BY STATE AUDITOR
220-24 Sec. 2176.109. FEES FOR COMMISSION SERVICES
220-25 Sec. 2176.110. RULES
220-26 (Sections 2176.111-2176.150 reserved for expansion)
220-27 SUBCHAPTER D. PROCESSING OF MAIL
221-1 Sec. 2176.151. TIMELY PROCESSING OF MAIL
221-2 Sec. 2176.152. PROCESSING UNITED STATES MAIL IN
221-3 CAPITOL COMPLEX
221-4 CHAPTER 2176. MAIL
221-5 SUBCHAPTER A. EVALUATION AND PLANNING OF MAIL OPERATIONS
221-6 Sec. 2176.001. MAIL OPERATIONS OFFICER. A state agency in
221-7 Travis County shall designate a person to manage mail for the
221-8 agency's offices and units. (V.A.C.S. Art. 601b, Sec. 11.02(i)
221-9 (part).)
221-10 Sec. 2176.002. STATE AGENCY EVALUATION AND IMPROVEMENT OF
221-11 MAIL OPERATIONS. To improve state agency management of mail and to
221-12 reduce the state's mail costs, a state agency in the executive
221-13 branch of state government shall:
221-14 (1) evaluate its mail operations to identify and
221-15 eliminate practices resulting in excessive mail costs; and
221-16 (2) develop and implement plans and procedures for
221-17 making necessary improvements in mail operations. (V.A.C.S.
221-18 Art. 601b, Sec. 11.02(e).)
221-19 Sec. 2176.003. COMMISSION EVALUATION OF STATE AGENCY MAIL
221-20 OPERATIONS. The commission shall:
221-21 (1) evaluate the mail operations of state agencies
221-22 located in Travis County and make recommendations to identify and
221-23 eliminate practices resulting in excessive mail costs; and
221-24 (2) establish minimum objectives and responsibilities
221-25 for managing mail for the agencies. (V.A.C.S. Art. 601b, Sec.
221-26 11.02(f).)
221-27 Sec. 2176.004. COMMISSION PROCEDURES FOR IMPROVEMENT OF MAIL
222-1 OPERATIONS. The commission shall:
222-2 (1) in conjunction with the United States Postal
222-3 Service, establish procedures to improve the measurement of state
222-4 agency mail costs, using postage meters or stamps as appropriate;
222-5 (2) establish procedures to determine the advantages
222-6 to state agencies of presorting mail;
222-7 (3) establish procedures to determine the lowest cost
222-8 class of mail necessary to effectively accomplish individual state
222-9 agency functions;
222-10 (4) evaluate the cost-effectiveness of using
222-11 alternatives to the United States Postal Service for delivering
222-12 state agency mail;
222-13 (5) train state agency personnel regarding
222-14 cost-effective mailing practices;
222-15 (6) set standards for receipt, delivery, collection,
222-16 and dispatch of mail; and
222-17 (7) publish and disseminate standards, guides, and
222-18 instructions for managing mail and establish and implement
222-19 procedures for monitoring compliance with the standards, guides,
222-20 and instructions. (V.A.C.S. Art. 601b, Secs. 11.02(g), (h).)
222-21 Sec. 2176.005. STATE AGENCY REPORTS ON MAIL OPERATIONS. (a)
222-22 A state agency in Travis County shall periodically send to the
222-23 governor and the legislative budget office a report of its progress
222-24 in achieving the objectives for and the revisions of mail
222-25 operations established under Section 2176.004, including an
222-26 analysis of savings projected from the resulting improvements in
222-27 managing mail.
223-1 (b) When two or more state agencies by interagency contract
223-2 are providing common services for managing mail, the agencies may
223-3 designate a single agency to report on behalf of all agencies
223-4 participating under the contract. (V.A.C.S. Art. 601b, Secs.
223-5 11.02(i) (part), (j).)
223-6 Sec. 2176.006. MAILING LISTS. A state agency in Travis
223-7 County shall review and consolidate mailing lists used by the
223-8 agency to distribute publications and other materials issued by the
223-9 agency. (V.A.C.S. Art. 601b, Sec. 11.02(i) (part).)
223-10 (Sections 2176.007-2176.050 reserved for expansion)
223-11 SUBCHAPTER B. INTERAGENCY MAIL
223-12 Sec. 2176.051. INTERAGENCY MAIL SERVICE. (a) The
223-13 commission shall operate a messenger service for delivering
223-14 unstamped written communications and packages between the following
223-15 entities located in Travis County:
223-16 (1) state agencies;
223-17 (2) the legislature; and
223-18 (3) legislative agencies.
223-19 (b) All entities described by Subsection (a) shall use the
223-20 service. (V.A.C.S. Art. 601b, Sec. 11.02(a).)
223-21 Sec. 2176.052. USE OF UNITED STATES POSTAL SERVICE;
223-22 ALTERNATE DELIVERY METHODS. An entity subject to Section 2176.051
223-23 may use a delivery method other than that provided under Section
223-24 2176.051 for delivering interagency mail to another entity subject
223-25 to Section 2176.051 but may not use the United States Postal
223-26 Service for the delivery unless required to do so under state or
223-27 federal law. (V.A.C.S. Art. 601b, Sec. 11.02(b).)
224-1 Sec. 2176.053. DELIVERY OF STATE WARRANTS. State warrants
224-2 may be delivered in a manner agreed to by the comptroller, the
224-3 commission, and the affected agency. (V.A.C.S. Art. 601b, Sec.
224-4 11.02(c).)
224-5 (Sections 2176.054-2176.100 reserved for expansion)
224-6 SUBCHAPTER C. OUTGOING FIRST-CLASS MAIL IN TRAVIS COUNTY
224-7 Sec. 2176.101. APPLICABILITY OF SUBCHAPTER. This subchapter
224-8 applies only to outgoing first-class mail practices of a state
224-9 agency located in Travis County. (V.A.C.S. Art. 601b, Sec.
224-10 11.021(a).)
224-11 Sec. 2176.102. COMMISSION EVALUATION. The commission shall
224-12 evaluate the outgoing first-class mail practices of state agencies
224-13 located in Travis County, including the lists, systems, and formats
224-14 used to create mail. (V.A.C.S. Art. 601b, Sec. 11.021(b) (part).)
224-15 Sec. 2176.103. DISCOUNTED POSTAL RATES. The commission
224-16 shall achieve the maximum available discount on postal rates
224-17 whenever acceptable levels of timeliness, security, and quality of
224-18 service can be maintained using the discounted rate. (V.A.C.S.
224-19 Art. 601b, Sec. 11.021(c).)
224-20 Sec. 2176.104. REQUIREMENT TO CONSULT WITH COMMISSION. A
224-21 state agency to which this subchapter applies shall consult the
224-22 commission before the agency may:
224-23 (1) purchase, upgrade, or sell mail processing
224-24 equipment;
224-25 (2) contract with a private entity for mail
224-26 processing; or
224-27 (3) take actions that significantly affect the
225-1 agency's first-class mail practices. (V.A.C.S. Art. 601b, Sec.
225-2 11.021(d).)
225-3 Sec. 2176.105. GUIDELINES FOR MEASURING AND ANALYZING
225-4 FIRST-CLASS MAIL PRACTICES. (a) The commission shall adopt and
225-5 distribute to each state agency to which this subchapter applies
225-6 guidelines by which outgoing first-class mail practices may be
225-7 measured and analyzed. The guidelines must require using the
225-8 services of the United States Postal Service to the extent
225-9 possible.
225-10 (b) The commission shall review and update the guidelines at
225-11 least once every two years, beginning two years after the date on
225-12 which the guidelines are adopted. (V.A.C.S. Art. 601b, Sec.
225-13 11.021(f) (part).)
225-14 Sec. 2176.106. TRAINING. (a) Not later than the 90th day
225-15 after the date on which the initial guidelines under Section
225-16 2176.105 are distributed, and at least annually beginning one year
225-17 after the date of distribution, the commission shall provide
225-18 training to state agency personnel who handle first-class mail.
225-19 (b) The commission may use to the extent possible free
225-20 training provided by the United States Postal Service. (V.A.C.S.
225-21 Art. 601b, Sec. 11.021(f) (part).)
225-22 Sec. 2176.107. PREREQUISITE TO UPGRADING OR REPLACING MAIL
225-23 EQUIPMENT; COMPARISON AND ANALYSIS. (a) If the commission
225-24 determines that upgrading existing mail production or processing
225-25 equipment or purchasing new mail production or processing equipment
225-26 is required to improve outgoing first-class mail practices of the
225-27 commission or another state agency located in Travis County, the
226-1 commission shall prepare a cost-benefit analysis demonstrating that
226-2 the upgrade or purchase is more cost-effective than contracting
226-3 with a private entity to provide the equipment or mail service.
226-4 (b) The commission shall approve the most cost-effective
226-5 method. (V.A.C.S. Art. 601b, Sec. 11.021(g).)
226-6 Sec. 2176.108. REVIEW AND COMMENT BY STATE AUDITOR. (a) A
226-7 cost-benefit analysis prepared under this subchapter and a request
226-8 for bids or a request for proposals prepared for an action taken
226-9 under this subchapter shall be sent to the state auditor for review
226-10 and comment as soon as practicable after preparation.
226-11 (b) The state auditor's office shall perform its review and
226-12 offer its comments not later than the 14th working day after the
226-13 date it receives the analysis or the request for bids or proposals.
226-14 (V.A.C.S. Art. 601b, Sec. 11.021(h).)
226-15 Sec. 2176.109. FEES FOR COMMISSION SERVICES. (a) The
226-16 commission by interagency contract shall charge and collect fees
226-17 from each state agency to which this subchapter applies for the
226-18 commission's services under this subchapter.
226-19 (b) The total amount charged a state agency under this
226-20 section may not exceed the amount of the agency's appropriated
226-21 funds for outgoing first-class mail, as determined by the
226-22 Legislative Budget Board, minus the agency's fixed costs for these
226-23 services.
226-24 (c) The commission shall transfer to the general revenue
226-25 fund the amount of a fee charged a state agency under this section
226-26 that is greater than the amount of the commission's actual expenses
226-27 for performing the services for the agency. (V.A.C.S. Art. 601b,
227-1 Sec. 11.021(e).)
227-2 Sec. 2176.110. RULES. The commission shall adopt rules for
227-3 state agencies to implement this subchapter. (V.A.C.S. Art. 601b,
227-4 Sec. 11.021(b) (part).)
227-5 (Sections 2176.111-2176.150 reserved for expansion)
227-6 SUBCHAPTER D. PROCESSING OF MAIL
227-7 Sec. 2176.151. TIMELY PROCESSING OF MAIL. Mail shall:
227-8 (1) be processed for delivery as quickly as necessary
227-9 under existing circumstances; and
227-10 (2) not be unduly delayed only to achieve a lower
227-11 postal rate. (V.A.C.S. Art. 601b, Sec. 11.02(d) (part).)
227-12 Sec. 2176.152. PROCESSING UNITED STATES MAIL IN CAPITOL
227-13 COMPLEX. United States mail may be delivered to and from the post
227-14 office located in the capitol complex on agreement between the
227-15 commission and the affected agency. (V.A.C.S. Art. 601b, Sec.
227-16 11.02(d) (part).)
227-17 SECTION 2. CONFORMING AMENDMENT. Section 5.19, State
227-18 Purchasing and General Services Act (Article 601b, Vernon's Texas
227-19 Civil Statutes), is transferred to Subchapter B, Chapter 444,
227-20 Government Code, redesignated as Section 444.029, and amended to
227-21 read as follows:
227-22 Sec. 444.029 <5.19>. EXPENDITURES FOR FINE ARTS PROJECTS ON
227-23 CERTAIN PUBLIC CONSTRUCTION PROJECTS <EXEMPT AGENCIES>. (a) Any
227-24 using agency exempt from Chapter 2166 under Section 2166.003 <5.13
227-25 of this article> and any county, municipality <city>, or other
227-26 political subdivision of this state undertaking a public
227-27 construction project estimated to cost more than <in excess of>
228-1 $250,000 may specify <designate> that a percentage not to exceed
228-2 one percent of the cost of the <a public> construction project
228-3 shall be used for fine arts projects at or near the site of the
228-4 construction project.
228-5 (b) The using agency or the governing body of a political
228-6 subdivision may consult and cooperate with the commission <Texas
228-7 Commission on the Arts> for advice in determining how to use
228-8 <utilize> the portion of the cost set aside for fine arts purposes.
228-9 (c) The commission <Texas Commission on the Arts> shall
228-10 place emphasis on works by living Texas artists whenever
228-11 feasible<,> and, when consulting with the governing body of a
228-12 political subdivision, shall place emphasis on works by artists who
228-13 reside in or near the political subdivision. Consideration shall
228-14 be given to artists of all ethnic origins.
228-15 (d) In this section, "construction," "cost of a project,"
228-16 "project," and "using agency" have the meanings assigned by Section
228-17 2166.001.
228-18 SECTION 3. CONFORMING AMENDMENT. Section 3.051, State
228-19 Purchasing and General Services Act (Article 601b, Vernon's Texas
228-20 Civil Statutes), is transferred to Subchapter A, Chapter 465,
228-21 Government Code, redesignated as Section 465.018, Government Code,
228-22 and amended to read as follows:
228-23 Sec. 465.018. PURCHASES, CONSTRUCTION, AND DISPOSITION OF
228-24 PROPERTY. (a) Subtitle D, Title 10, does not apply to:
228-25 (1) a purchase of mission-related supplies, materials,
228-26 services, or equipment for the commission or for a financing
228-27 corporation formed under Section 465.008(g) that is determined by
229-1 the commission to be an eligible undertaking as defined by Section
229-2 465.021; or
229-3 (2) a construction project or disposition of property
229-4 by or for the commission or by or for a financing corporation
229-5 formed under Section 465.008(g) that is determined by the
229-6 commission to be an eligible undertaking as defined by Section
229-7 465.021.
229-8 (b) This section does not prohibit the commission from using
229-9 the General Services Commission's services.
229-10 (c) In this section, "mission-related supplies, materials,
229-11 services, and equipment" are those designated by commission
229-12 rule. <Sec. 3.051. (a) This Act, including without limitation
229-13 Articles 5 and 9 of this Act, does not apply to purchases of
229-14 mission-related supplies, materials, services, and equipment for
229-15 the Texas National Research Laboratory Commission or for any
229-16 financing corporation formed under Section 465.008(g), Government
229-17 Code, or to any construction projects or dispositions of property
229-18 by or for the Texas National Research Laboratory Commission or by
229-19 or for any financing corporation formed under Section 465.008(g),
229-20 Government Code, that are determined by the Texas National Research
229-21 Laboratory Commission to be eligible undertakings as defined by
229-22 Section 465.021, Government Code, except that the Texas National
229-23 Research Laboratory Commission may use the services of the
229-24 commission.>
229-25 <(b) In this section, "mission-related supplies, materials,
229-26 services, and equipment" are those designated by Texas National
229-27 Research Laboratory Commission rule.>
230-1 SECTION 4. REPEALER. Chapter 2202, Government Code, is
230-2 repealed to conform to the repeal of the source law for that
230-3 chapter, V.A.C.S. Article 6252-6b, by Section 2.13, Chapter 906,
230-4 Acts of the 73rd Legislature, Regular Session, 1993.
230-5 SECTION 5. REPEALER. The State Purchasing and General
230-6 Services Act (Article 601b, Vernon's Texas Civil Statutes) is
230-7 repealed, except that Section 5.26(c), State Purchasing and General
230-8 Services Act (Article 601b, Vernon's Texas Civil Statutes), is not
230-9 repealed by this Act but expires according to its terms.
230-10 SECTION 6. LEGISLATIVE INTENT OF NO SUBSTANTIVE CHANGE.
230-11 This Act is enacted under Section 43, Article III, Texas
230-12 Constitution. This Act is intended as a recodification only, and
230-13 no substantive change in the law is intended by this Act.
230-14 SECTION 7. SAVINGS PROVISION. (a) For the purposes of
230-15 Section 403.094, Government Code, the revision and codification by
230-16 this Act of a statute relating to a fund in existence on or before
230-17 August 31, 1993, does not re-create the fund and does not
230-18 constitute the reenactment of a dedication of revenue.
230-19 (b) A fund or account, the existence of which is derived
230-20 from a statute revised by this Act and which is abolished under
230-21 Section 403.094, Government Code, before the effective date of this
230-22 Act is not revived or re-created by this Act.
230-23 (c) The application of Sections 403.094 and 403.095,
230-24 Government Code, to a fund or to the permissible uses of revenue or
230-25 fund balances is not affected by this Act.
230-26 SECTION 8. EFFECTIVE DATE. This Act takes effect September
230-27 1, 1995.
231-1 SECTION 9. EMERGENCY. The importance of this legislation
231-2 and the crowded condition of the calendars in both houses create an
231-3 emergency and an imperative public necessity that the
231-4 constitutional rule requiring bills to be read on three several
231-5 days in each house be suspended, and this rule is hereby suspended.