1-1  By:  Harris                                            S.B. No. 958
    1-2        (In the Senate - Filed March 7, 1995; March 7, 1995, read
    1-3  first time and referred to Committee on Administration;
    1-4  March 22, 1995, reported favorably by the following vote:  Yeas 6,
    1-5  Nays 0; March 22, 1995, sent to printer.)
    1-6                         A BILL TO BE ENTITLED
    1-7                                AN ACT
    1-8  relating to the adoption of a nonsubstantive revision of statutes
    1-9  relating to state purchasing and general services, including
   1-10  conforming amendments, repeals, and penalties.
   1-11        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-12        SECTION 1.  ADOPTION OF SUBTITLE D, TITLE 10, GOVERNMENT
   1-13  CODE.  Title 10, Government Code, is amended by adding Subtitle D
   1-14  to read as follows:
   1-15          SUBTITLE D.  STATE PURCHASING AND GENERAL SERVICES
   1-16  CHAPTER 2151.  GENERAL PROVISIONS
   1-17  CHAPTER 2152.  GENERAL SERVICES COMMISSION
   1-18              (Chapters 2153-2154 reserved for expansion)
   1-19  CHAPTER 2155.  PURCHASING:  GENERAL RULES AND PROCEDURES
   1-20  CHAPTER 2156.  PURCHASING METHODS
   1-21  CHAPTER 2157.  PURCHASING:  PURCHASE OF AUTOMATED
   1-22                   INFORMATION SYSTEMS
   1-23  CHAPTER 2158.  PURCHASING:  MISCELLANEOUS PROVISIONS FOR
   1-24                   PURCHASE OF CERTAIN GOODS AND SERVICES
   1-25              (Chapters 2159-2160 reserved for expansion)
   1-26  CHAPTER 2161.  HISTORICALLY UNDERUTILIZED BUSINESSES
   1-27  CHAPTER 2162.  STATE COUNCIL ON COMPETITIVE GOVERNMENT
   1-28              (Chapters 2163-2164 reserved for expansion)
   1-29  CHAPTER 2165.  STATE BUILDINGS, GROUNDS, AND PROPERTY
   1-30  CHAPTER 2166.  BUILDING CONSTRUCTION AND ACQUISITION
   1-31  CHAPTER 2167.  LEASE OF SPACE FOR STATE AGENCIES
   1-32              (Chapters 2168-2169 reserved for expansion)
   1-33  CHAPTER 2170.  TELECOMMUNICATIONS SERVICES
   1-34  CHAPTER 2171.  TRAVEL AND VEHICLE FLEET SERVICES
   1-35  CHAPTER 2172.  MISCELLANEOUS GENERAL SERVICES PROVIDED BY
   1-36                   COMMISSION
   1-37              (Chapters 2173-2174 reserved for expansion)
   1-38  CHAPTER 2175.  SURPLUS AND SALVAGE PROPERTY
   1-39  CHAPTER 2176.  MAIL
   1-40          SUBTITLE D.  STATE PURCHASING AND GENERAL SERVICES
   1-41                   CHAPTER 2151.  GENERAL PROVISIONS
   1-42  Sec. 2151.001.  SHORT TITLE
   1-43  Sec. 2151.002.  DEFINITIONS
   1-44  Sec. 2151.003.  REFERENCE
   1-45                   CHAPTER 2151.  GENERAL PROVISIONS
   1-46        Sec. 2151.001.  SHORT TITLE.  This subtitle may be cited as
   1-47  the State Purchasing and General Services Act.  (V.A.C.S.
   1-48  Art. 601b, Sec. 1.01.)
   1-49        Sec. 2151.002.  DEFINITIONS.  In this subtitle:
   1-50              (1)  "Commission" means the General Services
   1-51  Commission.
   1-52              (2)  "State agency" means:
   1-53                    (A)  a department, commission, board, office, or
   1-54  other agency in the executive branch of state government created by
   1-55  the state constitution or a state statute, except the Texas
   1-56  High-Speed Rail Authority;
   1-57                    (B)  the supreme court, the court of criminal
   1-58  appeals, a court of appeals, or the Texas Judicial Council; or
   1-59                    (C)  a university system or an institution of
   1-60  higher education as defined by Section 61.003, Education Code,
   1-61  except a public junior college.  (V.A.C.S. Art. 601b, Secs.
   1-62  1.02(1), (2).)
   1-63        Sec. 2151.003.  REFERENCE.  A statutory reference to the
   1-64  State Board of Control or the State Purchasing and General Services
   1-65  Commission means the General Services Commission.  (V.A.C.S. Art.
   1-66  601b, Sec. 11.01(b).)
   1-67              CHAPTER 2152.  GENERAL SERVICES COMMISSION
   1-68                   SUBCHAPTER A.  GENERAL PROVISIONS
    2-1  Sec. 2152.001.  COMMISSION
    2-2  Sec. 2152.002.  SUNSET PROVISION
    2-3          (Sections 2152.003-2152.050 reserved for expansion)
    2-4               SUBCHAPTER B.  ADMINISTRATIVE PROVISIONS
    2-5  Sec. 2152.051.  COMPOSITION OF COMMISSION
    2-6  Sec. 2152.052.  APPOINTMENTS
    2-7  Sec. 2152.053.  ELIGIBILITY
    2-8  Sec. 2152.054.  CONFLICTS OF INTEREST
    2-9  Sec. 2152.055.  INFORMATION ABOUT QUALIFICATIONS
   2-10                    AND STANDARDS OF CONDUCT
   2-11  Sec. 2152.056.  REMOVAL OF COMMISSION MEMBER
   2-12  Sec. 2152.057.  TERMS
   2-13  Sec. 2152.058.  PRESIDING OFFICER; MEETINGS
   2-14  Sec. 2152.059.  REIMBURSEMENT FOR EXPENSES
   2-15  Sec. 2152.060.  PUBLIC INTEREST INFORMATION AND COMPLAINTS
   2-16  Sec. 2152.061.  PUBLIC ACCESS
   2-17  Sec. 2152.062.  ACTIVITY AND EFFICIENCY REPORT
   2-18  Sec. 2152.063.  FISCAL REPORT
   2-19  Sec. 2152.064.  REPORTS ON NONRESIDENT BIDDERS
   2-20          (Sections 2152.065-2152.100 reserved for expansion)
   2-21                       SUBCHAPTER C.  PERSONNEL
   2-22  Sec. 2152.101.  EXECUTIVE DIRECTOR
   2-23  Sec. 2152.102.  BOND OF EXECUTIVE DIRECTOR
   2-24  Sec. 2152.103.  GENERAL POWERS AND DUTIES OF
   2-25                    EXECUTIVE DIRECTOR
   2-26  Sec. 2152.104.  ASSOCIATE DEPUTY DIRECTORS; DIVISIONS; DIVISION
   2-27                    DIRECTORS
   2-28  Sec. 2152.105.  RESPONSIBILITIES OF COMMISSION AND
   2-29                    COMMISSION STAFF
   2-30  Sec. 2152.106.  PROHIBITION OF GRANT OF AUTHORITY BY POWER
   2-31                    OF ATTORNEY
   2-32  Sec. 2152.107.  MERIT PAY
   2-33  Sec. 2152.108.  CAREER LADDER
   2-34  Sec. 2152.109.  EQUAL EMPLOYMENT OPPORTUNITY POLICY
   2-35              CHAPTER 2152.  GENERAL SERVICES COMMISSION
   2-36                   SUBCHAPTER A.  GENERAL PROVISIONS
   2-37        Sec. 2152.001.  COMMISSION.  The General Services Commission
   2-38  is an agency of the state.  (V.A.C.S. Art. 601b, Sec. 2.01.)
   2-39        Sec. 2152.002.  SUNSET PROVISION.  The General Services
   2-40  Commission is subject to Chapter 325 (Texas Sunset Act).  Unless
   2-41  continued in existence as provided by that chapter, the commission
   2-42  is abolished and this subtitle expires September 1, 2001.
   2-43  (V.A.C.S. Art. 601b, Sec. 2.07.)
   2-44          (Sections 2152.003-2152.050 reserved for expansion)
   2-45               SUBCHAPTER B.  ADMINISTRATIVE PROVISIONS
   2-46        Sec. 2152.051.  COMPOSITION OF COMMISSION.  The commission is
   2-47  composed of six representatives of the public appointed by the
   2-48  governor with the advice and consent of the senate.  (V.A.C.S.
   2-49  Art. 601b, Sec. 2.02 (part).)
   2-50        Sec. 2152.052.  APPOINTMENTS.  (a)  Appointments to the
   2-51  commission shall be made without regard to the race, color,
   2-52  disability, sex, religion, age, or national origin of the
   2-53  appointees.
   2-54        (b)  In making appointments under this section, the governor
   2-55  shall attempt to appoint women and members of different minority
   2-56  groups, including African Americans, Hispanic Americans, Native
   2-57  Americans, and Asian Americans.  (V.A.C.S. Art. 601b, Sec. 2.02
   2-58  (part).)
   2-59        Sec. 2152.053.  ELIGIBILITY.  An individual is not eligible
   2-60  for appointment to the commission if the individual or the
   2-61  individual's spouse:
   2-62              (1)  is employed by or participates in the management
   2-63  of a business entity or other organization that contracts with the
   2-64  commission;
   2-65              (2)  owns or controls, directly or indirectly, more
   2-66  than a 10 percent interest in a business entity or other
   2-67  organization that contracts with the state; or
   2-68              (3)  uses or receives a substantial amount of tangible
   2-69  goods, services, or money from the commission, other than
   2-70  compensation or reimbursement authorized by law for commission
    3-1  membership, attendance, or expenses.  (V.A.C.S. Art. 601b, Sec.
    3-2  2.02 (part).)
    3-3        Sec. 2152.054.  CONFLICTS OF INTEREST.  (a)  An individual
    3-4  may not serve as a member of the commission or act as the general
    3-5  counsel to the commission if the individual is required to register
    3-6  as a lobbyist under Chapter 305 because of the individual's
    3-7  activities for compensation on behalf of a profession related to
    3-8  the operation of the commission or a business entity that contracts
    3-9  with the state.
   3-10        (b)  An officer, employee, or paid consultant of a Texas
   3-11  trade association of business entities that contracts with the
   3-12  state may not:
   3-13              (1)  serve as a commission member; or
   3-14              (2)  be employed as a commission employee who is exempt
   3-15  from the state's position classification plan or is compensated at
   3-16  or above the amount prescribed by the General Appropriations Act
   3-17  for step 1, salary group 17, of the position classification salary
   3-18  schedule.
   3-19        (c)  An individual who is the spouse of an officer, manager,
   3-20  or paid consultant of a Texas trade association of business
   3-21  entities that contracts with the state may not:
   3-22              (1)  serve as a commission member; or
   3-23              (2)  be employed as a commission employee who is exempt
   3-24  from the state's position classification plan or is compensated at
   3-25  or above the amount prescribed by the General Appropriations Act
   3-26  for step 1, salary group 17, of the position classification salary
   3-27  schedule.
   3-28        (d)  For purposes of this section, a trade association is a
   3-29  nonprofit, cooperative, and voluntarily joined association of
   3-30  business or professional competitors designed to assist its members
   3-31  and its industry or profession in dealing with mutual business or
   3-32  professional problems and in promoting their common interest.
   3-33  (V.A.C.S. Art. 601b, Sec. 2.061.)
   3-34        Sec. 2152.055.  INFORMATION ABOUT QUALIFICATIONS AND
   3-35  STANDARDS OF CONDUCT.  The commission shall provide its members and
   3-36  employees, as often as necessary, information regarding their:
   3-37              (1)  qualifications for office or employment under this
   3-38  subtitle; and
   3-39              (2)  responsibilities under applicable laws relating to
   3-40  standards of conduct for state officers or employees.  (V.A.C.S.
   3-41  Art. 601b, Sec. 2.06(e).)
   3-42        Sec. 2152.056.  REMOVAL OF COMMISSION MEMBER.  (a)  It is a
   3-43  ground for removal from the commission that a member:
   3-44              (1)  violates a prohibition established by Section
   3-45  2152.054;
   3-46              (2)  cannot discharge because of illness or disability
   3-47  the member's duties for a substantial part of the term for which
   3-48  the member is appointed; or
   3-49              (3)  is absent from more than half of the regularly
   3-50  scheduled commission meetings that the member is eligible to attend
   3-51  during a calendar year unless the absence is excused by majority
   3-52  vote of the commission.
   3-53        (b)  The validity of an action of the commission is not
   3-54  affected by the fact that it is taken when a ground for removal of
   3-55  a commission member exists.
   3-56        (c)  If the executive director has knowledge that a potential
   3-57  ground for removal exists, the executive director shall notify the
   3-58  presiding officer of the commission.  The presiding officer shall
   3-59  then notify the governor that a potential ground for removal
   3-60  exists.  (V.A.C.S. Art. 601b, Sec. 2.051.)
   3-61        Sec. 2152.057.  TERMS.  Commission members serve staggered
   3-62  six-year terms with two members' terms expiring January 31 of each
   3-63  odd-numbered year.  (V.A.C.S. Art. 601b, Sec. 2.03.)
   3-64        Sec. 2152.058.  PRESIDING OFFICER; MEETINGS.  (a)  The
   3-65  governor annually shall appoint a presiding officer from among the
   3-66  commission members.
   3-67        (b)  The commission shall meet at least once each month.  The
   3-68  commission may meet at other times at the call of the presiding
   3-69  officer or as provided by the commission's rules.
   3-70        (c)  Four members of the commission constitute a quorum.
    4-1  (V.A.C.S. Art. 601b, Secs. 2.04(a)-(c).)
    4-2        Sec. 2152.059.  REIMBURSEMENT FOR EXPENSES.  A commission
    4-3  member is not entitled to compensation but is entitled to
    4-4  reimbursement for actual and necessary expenses incurred in
    4-5  performing functions as a commission member.  (V.A.C.S. Art. 601b,
    4-6  Sec. 2.05.)
    4-7        Sec. 2152.060.  PUBLIC INTEREST INFORMATION AND COMPLAINTS.
    4-8  (a)  The commission shall prepare information of public interest
    4-9  describing the commission's functions and the procedures by which
   4-10  complaints are filed with and resolved by the commission.  The
   4-11  commission by rule shall establish methods by which consumers,
   4-12  service recipients, and persons contracting with the state under
   4-13  this subtitle are notified of the commission's name, mailing
   4-14  address, and telephone number for directing complaints to the
   4-15  commission.  The commission shall make the information available to
   4-16  the public and appropriate state agencies.
   4-17        (b)  The commission shall keep an information file about each
   4-18  complaint filed with the commission that the commission has
   4-19  authority to resolve.
   4-20        (c)  If a written complaint is filed with the commission that
   4-21  the commission has authority to resolve, the commission, at least
   4-22  quarterly and until final disposition of the complaint, shall
   4-23  notify the parties to the complaint of the complaint's status
   4-24  unless the notice would jeopardize an undercover investigation.
   4-25  (V.A.C.S. Art. 601b, Secs. 2.10(a), (b).)
   4-26        Sec. 2152.061.  PUBLIC ACCESS.  (a)  The commission shall
   4-27  prepare and maintain a written plan that describes how an
   4-28  individual who does not speak English can be provided reasonable
   4-29  access to the commission's programs.
   4-30        (b)  The commission shall develop and implement policies that
   4-31  provide the public with a reasonable opportunity to appear before
   4-32  the commission and to speak on any issue under the commission's
   4-33  jurisdiction.
   4-34        (c)  The commission shall comply with federal and state laws
   4-35  for program and facility accessibility.  (V.A.C.S. Art. 601b, Secs.
   4-36  2.04(d), 2.10(c).)
   4-37        Sec. 2152.062.  ACTIVITY AND EFFICIENCY REPORT.  Not later
   4-38  than the 30th day after the date on which the regular session of
   4-39  the legislature begins, the commission shall report to the
   4-40  legislature concerning the commission's activities during the
   4-41  preceding legislative interim.  The commission shall recommend
   4-42  amendments to law that would result in increased efficiency,
   4-43  economy, or productivity in the areas monitored by the commission.
   4-44  (V.A.C.S. Art. 601b, Sec. 2.08(a).)
   4-45        Sec. 2152.063.  FISCAL REPORT.  (a)  The commission shall
   4-46  file annually with the governor and the presiding officer of each
   4-47  house of the legislature a complete and detailed written report
   4-48  accounting for all money received and disbursed by the commission
   4-49  during the preceding fiscal year.
   4-50        (b)  The annual report must comply with form and time
   4-51  requirements provided by the General Appropriations Act.  (V.A.C.S.
   4-52  Art. 601b, Sec. 2.08(b).)
   4-53        Sec. 2152.064.  REPORTS ON NONRESIDENT BIDDERS.  (a)  In this
   4-54  section, "nonresident bidder" means a bidder who does not maintain
   4-55  a permanently staffed full-time office in this state.
   4-56        (b)  During January and July of each year, a state agency
   4-57  shall file with the presiding officer of each house of the
   4-58  legislature and the presiding officers of the house appropriations
   4-59  committee and the senate finance committee a report that identifies
   4-60  each nonresident bidder to whom the agency awarded a contract that
   4-61  has a value of $25,000 or more for the purchase of supplies,
   4-62  materials, services, or equipment during the six calendar months
   4-63  preceding the month in which the report is filed, if the agency
   4-64  awarded such a contract during the reporting period.
   4-65        (c)  A contractor to whom a state agency has awarded a
   4-66  contract shall report to the agency the identity of each
   4-67  nonresident bidder to whom the contractor has awarded a subcontract
   4-68  that has a value of $25,000 or more, under the state contract, for
   4-69  the purchase of supplies, materials, services, or equipment.  The
   4-70  state agency shall report that information in the manner prescribed
    5-1  by Subsection (b) for contracts awarded by the agency.  (V.A.C.S.
    5-2  Art. 601b, Sec. 2.081.)
    5-3          (Sections 2152.065-2152.100 reserved for expansion)
    5-4                       SUBCHAPTER C.  PERSONNEL
    5-5        Sec. 2152.101.  EXECUTIVE DIRECTOR.  (a)  The commission
    5-6  shall employ an executive director who has demonstrated executive
    5-7  and organizational ability.
    5-8        (b)  The executive director serves at the commission's
    5-9  pleasure.  (V.A.C.S. Art. 601b, Sec. 2.06(a) (part).)
   5-10        Sec. 2152.102.  BOND OF EXECUTIVE DIRECTOR.  (a)  The
   5-11  executive director shall execute a bond payable to the state in an
   5-12  amount the commission considers necessary.  The bond must be:
   5-13              (1)  approved by the commission; and
   5-14              (2)  conditioned on the faithful performance of the
   5-15  executive director's duties.
   5-16        (b)  Premiums for the bond are payable from appropriations
   5-17  for the commission.  (V.A.C.S. Art. 601b, Sec. 2.06(a) (part).)
   5-18        Sec. 2152.103.  GENERAL POWERS AND DUTIES OF EXECUTIVE
   5-19  DIRECTOR.  (a)  The executive director shall manage the
   5-20  commission's affairs under the commission's direction.
   5-21        (b)  The commission's directions to the executive director
   5-22  shall be:
   5-23              (1)  made only at an open meeting of the commission;
   5-24  and
   5-25              (2)  included in the commission's minutes for the
   5-26  meeting.
   5-27        (c)  The executive director may employ staff necessary to
   5-28  administer the commission's functions.  (V.A.C.S. Art. 601b, Secs.
   5-29  2.06(b) (part), (d).)
   5-30        Sec. 2152.104.  ASSOCIATE DEPUTY DIRECTORS; DIVISIONS;
   5-31  DIVISION DIRECTORS.  (a)  The commission shall have three associate
   5-32  deputy directors with:
   5-33              (1)  one employed by the commission to serve at the
   5-34  pleasure of the commission to administer the surplus and salvage
   5-35  property division as provided by Subsection (b);
   5-36              (2)  one employed by the executive director to
   5-37  administer the travel division and other divisions assigned to the
   5-38  person by the executive director; and
   5-39              (3)  one employed by the executive director to
   5-40  administer the remaining divisions assigned to the person by the
   5-41  executive director.
   5-42        (b)  The commission shall direct the associate deputy
   5-43  director's management of the surplus and salvage property division.
   5-44  The associate deputy director shall report directly to the
   5-45  commission.  Commission direction of the associate deputy
   5-46  director's management of the surplus and salvage property division
   5-47  shall occur only at an open meeting of the commission and shall be
   5-48  made a part of the minutes of the meeting.
   5-49        (c)  Instead of employing an associate deputy director under
   5-50  Subsection (a)(1), the commission may assign directly to the
   5-51  executive director the duty to administer, under the commission's
   5-52  direction, the surplus and salvage property division.
   5-53        (d)  Each division shall be managed by a division director
   5-54  who shall report to the associate deputy director who administers
   5-55  the division, except as provided by Subsection (b).
   5-56        (e)  In accordance with this subchapter, the executive
   5-57  director shall appoint a director of facilities construction and
   5-58  space management, who shall:
   5-59              (1)  be a registered architect or registered
   5-60  professional engineer; and
   5-61              (2)  have proven administrative ability and experience
   5-62  in the fields of building design and construction.  (V.A.C.S.
   5-63  Art. 601b, Secs. 2.06(c), 2.09(a), (b), (c) (part), 5.15(b).)
   5-64        Sec. 2152.105.  RESPONSIBILITIES OF COMMISSION AND COMMISSION
   5-65  STAFF.  The commission shall develop and implement policies that
   5-66  clearly define the responsibilities of the commission and the
   5-67  commission's staff.  (V.A.C.S. Art. 601b, Sec. 2.06(f).)
   5-68        Sec. 2152.106.  PROHIBITION OF GRANT OF AUTHORITY BY POWER OF
   5-69  ATTORNEY.  A commission member may not by power of attorney grant
   5-70  authority to the executive director or another commission employee.
    6-1  (V.A.C.S. Art. 601b, Sec. 2.06(b) (part).)
    6-2        Sec. 2152.107.  MERIT PAY.  (a)  The executive director or
    6-3  the executive director's designated representative shall develop a
    6-4  system of annual performance evaluations.
    6-5        (b)  Merit pay for commission employees must be based on the
    6-6  system established under this section.  (V.A.C.S. Art. 601b, Sec.
    6-7  2.06(h).)
    6-8        Sec. 2152.108.  CAREER LADDER.  The executive director or the
    6-9  executive director's designated representative shall develop an
   6-10  intra-agency career ladder program.  The program must require
   6-11  intra-agency posting of all non-entry-level positions concurrently
   6-12  with any public posting.  (V.A.C.S. Art. 601b, Sec. 2.06(g).)
   6-13        Sec. 2152.109.  EQUAL EMPLOYMENT OPPORTUNITY POLICY.
   6-14  (a)  The executive director or the executive director's designated
   6-15  representative shall prepare and maintain a written policy
   6-16  statement to assure implementation of a program of equal employment
   6-17  opportunity under which all personnel transactions are made without
   6-18  regard to race, color, disability, sex, religion, age, or national
   6-19  origin.  The policy statement must include:
   6-20              (1)  personnel policies, including policies relating to
   6-21  recruitment, evaluation, selection, appointment, training, and
   6-22  promotion of personnel, that comply with Chapter 21, Labor Code;
   6-23              (2)  a comprehensive analysis of the commission's
   6-24  workforce that meets federal and state guidelines;
   6-25              (3)  procedures by which a determination can be made of
   6-26  significant underuse in the commission's workforce of all
   6-27  individuals for whom federal or state guidelines encourage a more
   6-28  equitable balance; and
   6-29              (4)  reasonable methods to appropriately address areas
   6-30  of significant underuse.
   6-31        (b)  A policy statement prepared under Subsection (a) must:
   6-32              (1)  cover an annual period;
   6-33              (2)  be updated at least annually;
   6-34              (3)  be reviewed annually by the Commission on Human
   6-35  Rights for compliance with Subsection (a)(1); and
   6-36              (4)  be filed with the governor's office.
   6-37        (c)  The governor's office shall deliver a biennial report to
   6-38  the legislature based on the information received under Subsection
   6-39  (b).  The report may be made separately or as a part of other
   6-40  biennial reports made to the legislature.  (V.A.C.S. Art. 601b,
   6-41  Secs. 2.06(i), (j), (k).)
   6-42              (Chapters 2153-2154 reserved for expansion)
   6-43       CHAPTER 2155.  PURCHASING:  GENERAL RULES AND PROCEDURES
   6-44                   SUBCHAPTER A.  GENERAL PROVISIONS
   6-45  Sec. 2155.001.  DEFINITIONS
   6-46  Sec. 2155.002.  COMMISSION FOCUS ON LARGE EXPENDITURES
   6-47  Sec. 2155.003.  CONFLICT OF INTEREST
   6-48  Sec. 2155.004.  CERTAIN BIDS AND CONTRACTS PROHIBITED
   6-49  Sec. 2155.005.  COMPLIANCE WITH ANTITRUST LAWS
   6-50          (Sections 2155.006-2155.060 reserved for expansion)
   6-51      SUBCHAPTER B.  GENERAL PURCHASING REQUIREMENTS, PROCEDURES,
   6-52                             AND PROGRAMS
   6-53  Sec. 2155.061.  COMMISSION PURCHASING SYSTEM
   6-54  Sec. 2155.062.  PURCHASE METHODS
   6-55  Sec. 2155.063.  COMPETITIVE BIDDING REQUIREMENT
   6-56  Sec. 2155.064.  SCHEDULE AND BULK PURCHASING
   6-57  Sec. 2155.065.  CONTRACTS WITH DEPARTMENT OF CRIMINAL
   6-58                    JUSTICE
   6-59  Sec. 2155.066.  REVIEW OF SPECIFICATIONS
   6-60  Sec. 2155.067.  PROPRIETARY PURCHASES
   6-61  Sec. 2155.068.  UNIFORM STANDARDS AND SPECIFICATIONS
   6-62  Sec. 2155.069.  TESTING AND INSPECTION
   6-63  Sec. 2155.070.  FAILURE TO MEET SPECIFICATIONS
   6-64  Sec. 2155.071.  STATISTICAL INFORMATION ON CONSUMPTION AND
   6-65                    USE
   6-66  Sec. 2155.072.  STATEWIDE OR REGIONAL SERVICES CONTRACTS;
   6-67                    COMMISSION STUDIES
   6-68  Sec. 2155.073.  PARTICIPATION BY SMALL BUSINESSES IN STATE
   6-69                    PURCHASING
   6-70          (Sections 2155.074-2155.130 reserved for expansion)
    7-1    SUBCHAPTER C.  DELEGATIONS OF AND EXCLUSIONS FROM COMMISSION'S
    7-2              PURCHASING AUTHORITY AND CERTAIN EXEMPTIONS
    7-3                       FROM COMPETITIVE BIDDING
    7-4  Sec. 2155.131.  DELEGATION OF AUTHORITY TO STATE AGENCIES
    7-5  Sec. 2155.132.  PURCHASES LESS THAN SPECIFIED MONETARY
    7-6                    AMOUNT
    7-7  Sec. 2155.133.  DELEGATION OF AUTHORITY TO INSTITUTION OF
    7-8                    HIGHER EDUCATION
    7-9  Sec. 2155.134.  GROUP PURCHASING PROGRAMS
   7-10  Sec. 2155.135.  PURCHASES FROM HIGHER EDUCATION RESEARCH
   7-11                    FUNDS
   7-12  Sec. 2155.136.  PURCHASE OF CERTAIN MEDICAL EQUIPMENT BY
   7-13                    MEDICAL OR DENTAL UNIT
   7-14  Sec. 2155.137.  EMERGENCY PURCHASES
   7-15  Sec. 2155.138.  EXEMPTION OF GOODS OR SERVICES OF BLIND OR
   7-16                    VISUALLY IMPAIRED PERSONS
   7-17  Sec. 2155.139.  EXEMPTION FOR CERTAIN LIBRARIES AND HEALTH
   7-18                    FACILITIES
   7-19  Sec. 2155.140.  PURCHASE FROM GIFT OR GRANT NOT WITHIN
   7-20                    COMMISSION'S PURCHASING AUTHORITY
   7-21  Sec. 2155.141.  CERTAIN OTHER PURCHASES NOT WITHIN COMMISSION
   7-22                    PURCHASING AUTHORITY
   7-23  Sec. 2155.142.  PURCHASES BY VETERANS LAND BOARD
   7-24  Sec. 2155.143.  PURCHASE OF CARE AND TREATMENT SERVICES BY
   7-25                    TEXAS YOUTH COMMISSION
   7-26          (Sections 2155.144-2155.200 reserved for expansion)
   7-27      SUBCHAPTER D.  EXTENSION OF COMMISSION PURCHASING SERVICES
   7-28                           TO OTHER ENTITIES
   7-29  Sec. 2155.201.  PURCHASE OF MOTOR VEHICLES FOR SCHOOL
   7-30                    DISTRICTS
   7-31  Sec. 2155.202.  MENTAL HEALTH AND MENTAL RETARDATION COMMUNITY
   7-32                    CENTERS; ASSISTANCE ORGANIZATIONS
   7-33  Sec. 2155.203.  PURCHASES BY LEGISLATURE AND LEGISLATIVE
   7-34                    AGENCIES
   7-35  Sec. 2155.204.  LOCAL GOVERNMENT PURCHASING PROGRAM
   7-36          (Sections 2155.205-2155.260 reserved for expansion)
   7-37                  SUBCHAPTER E.  MASTER BIDDERS LIST
   7-38  Sec. 2155.261.  APPLICABILITY
   7-39  Sec. 2155.262.  UNIFORM REGISTRATION FORM
   7-40  Sec. 2155.263.  COMMISSION TO MAINTAIN MASTER BIDDERS LIST
   7-41  Sec. 2155.264.  AGENCY SOLICITATION OF BIDS OR PROPOSALS FOR
   7-42                    ACQUISITION OVER $15,000
   7-43  Sec. 2155.265.  ACCESS TO MASTER BIDDERS LIST
   7-44  Sec. 2155.266.  REGISTRATION AND RENEWAL FEE
   7-45  Sec. 2155.267.  COMMISSION RULES AND PROCEDURES REGARDING
   7-46                    MASTER BIDDERS LIST
   7-47  Sec. 2155.268.  USE OF STATE AGENCY BIDDERS LIST
   7-48  Sec. 2155.269.  WAIVER
   7-49  Sec. 2155.270.  AGENCY ASSISTANCE WITH BIDDERS LIST ISSUES
   7-50          (Sections 2155.271-2155.320 reserved for expansion)
   7-51              SUBCHAPTER F.  INSPECTION AND CERTIFICATION
   7-52                     OF GOODS OR SERVICES; AUDITS
   7-53  Sec. 2155.321.  DEFINITIONS
   7-54  Sec. 2155.322.  INSPECTION AND CERTIFICATION
   7-55  Sec. 2155.323.  COMPTROLLER AUDIT; TRANSMISSION OF PURCHASE
   7-56                    INFORMATION TO COMMISSION
   7-57  Sec. 2155.324.  COMMISSION AUDIT
   7-58  Sec. 2155.325.  COMMISSION AUDIT AFTER ISSUANCE OF WARRANT
   7-59  Sec. 2155.326.  UPDATE OF COMMISSION FILES AND RECORDS
   7-60  Sec. 2155.327.  INTERAGENCY PURCHASES AND TRANSACTIONS
   7-61          (Sections 2155.328-2155.380 reserved for expansion)
   7-62                   SUBCHAPTER G.  PAYMENT PROVISIONS
   7-63  Sec. 2155.381.  INVOICE
   7-64  Sec. 2155.382.  PAYMENT BY WARRANT
   7-65  Sec. 2155.383.  ADVANCE PAYMENTS TO STATE OR FEDERAL AGENCY
   7-66  Sec. 2155.384.  AUTHORITY TO PAY CHARGES
   7-67  Sec. 2155.385.  CREDIT CARDS
   7-68  Sec. 2155.386.  PREPAYMENT FOR LIBRARY MATERIALS BY
   7-69                    INSTITUTION OF HIGHER EDUCATION
   7-70  Sec. 2155.387.  PAYMENT FOR ROAD CONSTRUCTION MATERIALS
    8-1                    DELIVERED BY VEHICLE EXCEEDING WEIGHT
    8-2                    LIMITS
    8-3          (Sections 2155.388-2155.440 reserved for expansion)
    8-4                 SUBCHAPTER H.  PURCHASING PREFERENCES
    8-5  Sec. 2155.441.  PREFERENCE FOR PRODUCTS OF PERSONS WITH MENTAL
    8-6                    RETARDATION OR PHYSICAL DISABILITIES
    8-7  Sec. 2155.442.  PREFERENCE FOR ENERGY EFFICIENT PRODUCTS
    8-8  Sec. 2155.443.  PREFERENCE FOR RUBBERIZED ASPHALT PAVING
    8-9  Sec. 2155.444.  PREFERENCE TO TEXAS AND UNITED STATES
   8-10                    PRODUCTS
   8-11  Sec. 2155.445.  PREFERENCE FOR RECYCLED PRODUCTS
   8-12  Sec. 2155.446.  PURCHASE AND USE OF PAPER CONTAINING RECYCLED
   8-13                    FIBERS
   8-14  Sec. 2155.447.  PURCHASE OF RECYCLED OIL
   8-15  Sec. 2155.448.  EXPENDITURES FOR RECYCLED MATERIALS
   8-16       CHAPTER 2155.  PURCHASING:  GENERAL RULES AND PROCEDURES
   8-17                   SUBCHAPTER A.  GENERAL PROVISIONS
   8-18        Sec. 2155.001.  DEFINITIONS.  In this chapter and Chapters
   8-19  2156, 2157, and 2158:
   8-20              (1)  "Goods" means supplies, materials, or equipment.
   8-21              (2)  "Service" means the furnishing of skilled or
   8-22  unskilled labor or professional work, but does not include a:
   8-23                    (A)  professional service subject to Subchapter
   8-24  A, Chapter 2254;
   8-25                    (B)  service of a state agency employee;
   8-26                    (C)  consulting service or service of a private
   8-27  consultant as defined by Subchapter B, Chapter 2254; or
   8-28                    (D)  service of a public utility.  (V.A.C.S.
   8-29  Art. 601b, Sec. 3.01(c); New.)
   8-30        Sec. 2155.002.  COMMISSION FOCUS ON LARGE EXPENDITURES.  To
   8-31  the extent possible, the commission shall focus its efforts under
   8-32  this chapter and Chapters 2156-2158 on purchases and contracts that
   8-33  involve relatively large amounts of money.  (V.A.C.S. Art. 601b,
   8-34  Sec. 3.012.)
   8-35        Sec. 2155.003.  CONFLICT OF INTEREST.  (a)  A commission
   8-36  member, employee, or appointee may not:
   8-37              (1)  have an interest in, or in any manner be connected
   8-38  with, a contract or bid for a purchase of goods or services by an
   8-39  agency of the state; or
   8-40              (2)  in any manner, including by rebate or gift, accept
   8-41  or receive from a person to whom a contract may be awarded,
   8-42  directly or indirectly, anything of value or a promise, obligation,
   8-43  or contract for future reward or compensation.
   8-44        (b)  A commission member, employee, or appointee who violates
   8-45  Subsection (a)(2) is subject to dismissal.  (V.A.C.S. Art. 601b,
   8-46  Sec. 3.19.)
   8-47        Sec. 2155.004.  CERTAIN BIDS AND CONTRACTS PROHIBITED.
   8-48  (a)  A state agency may not accept a bid or award a contract that
   8-49  includes proposed financial participation by a person who received
   8-50  compensation from the agency to participate in preparing the
   8-51  specifications or request for proposals on which the bid or
   8-52  contract is based.
   8-53        (b)  This section does not prohibit a bidder or contract
   8-54  participant from providing free technical assistance to a state
   8-55  agency.  (V.A.C.S. Art. 601b, Sec. 3.102.)
   8-56        Sec. 2155.005.  COMPLIANCE WITH ANTITRUST LAWS.  (a)  A
   8-57  bidder offering to sell goods or services to the state shall
   8-58  certify on each bid submitted that neither the bidder, nor the
   8-59  person represented by the bidder, nor any person acting for the
   8-60  represented person has:
   8-61              (1)  violated the antitrust laws codified by Chapter
   8-62  15, Business & Commerce Code, or the federal antitrust laws; or
   8-63              (2)  directly or indirectly communicated the bid to a
   8-64  competitor or other person engaged in the same line of business.
   8-65        (b)  The attorney general shall prepare the certification
   8-66  statement.  The statement shall be made a part of the bid form.
   8-67  (V.A.C.S. Art. 601b, Sec. 3.13.)
   8-68          (Sections 2155.006-2155.060 reserved for expansion)
   8-69      SUBCHAPTER B.  GENERAL PURCHASING REQUIREMENTS, PROCEDURES,
   8-70                             AND PROGRAMS
    9-1        Sec. 2155.061.  COMMISSION PURCHASING SYSTEM.  (a)  The
    9-2  commission shall acquire by purchase, lease, rental, or another
    9-3  manner all goods and services for a state agency, including a
    9-4  purchase that does not require a competitive bid or a spot
    9-5  purchase.
    9-6        (b)  The commission shall operate an effective and economical
    9-7  system for purchasing goods and services.  (V.A.C.S. Art. 601b,
    9-8  Secs. 3.01(a) (part), (b).)
    9-9        Sec. 2155.062.  PURCHASE METHODS.  (a)  In purchasing goods
   9-10  and services the commission may use, but is not limited to, the:
   9-11              (1)  contract purchase procedure;
   9-12              (2)  multiple award contract procedure; or
   9-13              (3)  open market purchase procedure.
   9-14        (b)  Chapter 2156 provides additional information on purchase
   9-15  methods.
   9-16        (c)  Chapter 2157 provides additional information on purchase
   9-17  of automated information systems.  (V.A.C.S. Art. 601b, Sec.
   9-18  3.10(a) (part); New.)
   9-19        Sec. 2155.063.  COMPETITIVE BIDDING REQUIREMENT.  Except as
   9-20  otherwise provided by this subtitle, a purchase of or contract for
   9-21  goods or services shall, whenever possible, be accomplished through
   9-22  competitive bidding.  (V.A.C.S. Art. 601b, Sec. 3.10(a) (part).)
   9-23        Sec. 2155.064.  SCHEDULE AND BULK PURCHASING.  The commission
   9-24  may combine orders in a system of schedule purchasing and shall
   9-25  attempt to benefit from bulk purchasing.  (V.A.C.S. Art. 601b, Sec.
   9-26  3.10(a) (part).)
   9-27        Sec. 2155.065.  CONTRACTS WITH DEPARTMENT OF CRIMINAL
   9-28  JUSTICE.  The commission is authorized to make contracts with the
   9-29  Texas Department of Criminal Justice for the purchase of goods and
   9-30  services for use by another state agency.  (V.A.C.S. Art. 601b,
   9-31  Sec. 3.23.)
   9-32        Sec. 2155.066.  REVIEW OF SPECIFICATIONS.  The commission
   9-33  shall review the specifications and purchase conditions of goods or
   9-34  services considered for purchase.  (V.A.C.S. Art. 601b, Sec.
   9-35  3.09(a).)
   9-36        Sec. 2155.067.  PROPRIETARY PURCHASES.  (a)  If, after review
   9-37  under Section 2155.066, the commission finds that specifications
   9-38  and conditions of a purchase request describe a product that is
   9-39  proprietary to one vendor and do not permit an equivalent product
   9-40  to be supplied, the commission shall require the requesting state
   9-41  agency to justify in writing the specifications or conditions.
   9-42        (b)  The agency head or the presiding officer of the agency's
   9-43  governing body must sign the written justification.  For an
   9-44  institution of higher education, the individual designated by the
   9-45  president or governing body as purchasing officer for the
   9-46  institution may sign the written justification.
   9-47        (c)  The written justification must:
   9-48              (1)  explain the need for the specifications;
   9-49              (2)  state the reason competing products are not
   9-50  satisfactory; and
   9-51              (3)  provide other information requested by the
   9-52  commission.
   9-53        (d)  If the commission requires a resubmission with written
   9-54  justification, the commission shall notify the requesting state
   9-55  agency of the requirement not later than the 10th day after the
   9-56  date of receiving the purchase request.
   9-57        (e)  If the commission, after considering all factors, takes
   9-58  exception to the justifications, the commission shall purchase the
   9-59  goods or services as requested and report the reasons for its
   9-60  exception to the:
   9-61              (1)  agency head or the presiding officer of the
   9-62  agency's governing body;
   9-63              (2)  state auditor;
   9-64              (3)  Legislative Budget Board; and
   9-65              (4)  governor.
   9-66        (f)  The commission shall issue an invitation to bid to
   9-67  vendors not later than the 20th day after the date of receiving the
   9-68  required written justification.
   9-69        (g)  The commission may not delay processing a purchase
   9-70  requisition by submitting the specifications and conditions to the
   10-1  state auditor's office for comment or recommendation before issuing
   10-2  the invitation to bid to vendors.  (V.A.C.S. Art. 601b, Secs.
   10-3  3.09(b), (c), (d), (e), (f).)
   10-4        Sec. 2155.068.  UNIFORM STANDARDS AND SPECIFICATIONS.
   10-5  (a)  The commission may coordinate uniform standards and
   10-6  specifications for goods purchased by the commission.
   10-7        (b)  The commission shall enlist the cooperation of other
   10-8  state agencies in the establishment, maintenance, and revision of
   10-9  uniform standards and specifications and shall foster their use to
  10-10  accomplish continuously the most efficient purchase of goods.
  10-11        (c)  The commission shall review contracts and procedures to
  10-12  ensure that all services meet contract specifications.
  10-13        (d)  As part of the standards and specifications program, the
  10-14  commission shall review contracts for recycling waste produced at
  10-15  state buildings.  (V.A.C.S. Art. 601b, Secs. 3.17(a), (b).)
  10-16        Sec. 2155.069.  TESTING AND INSPECTION.  (a)  The commission
  10-17  shall test and inspect goods and services under a program to ensure
  10-18  compliance with specifications.
  10-19        (b)  The commission may contract for testing under this
  10-20  section.
  10-21        (c)  The commission shall provide for testing and inspection
  10-22  of all costly purchases and may adopt rules necessary to carry out
  10-23  this duty.  (V.A.C.S. Art. 601b, Sec. 3.17(c) (part).)
  10-24        Sec. 2155.070.  FAILURE TO MEET SPECIFICATIONS.  (a)  A state
  10-25  agency that determines that goods or services received do not meet
  10-26  specifications shall promptly notify the commission in writing of
  10-27  the reasons for the determination.  The commission shall
  10-28  immediately make its own determination of whether the goods and
  10-29  services meet specifications.
  10-30        (b)  The commission has the sole power to determine that
  10-31  goods and services meet or fail to meet specifications.
  10-32        (c)  On determining that contract specifications or
  10-33  conditions have not been met, the commission shall act against the
  10-34  defaulting contractor, with the assistance of the attorney general
  10-35  as necessary.
  10-36        (d)  If the commission receives repeated complaints against a
  10-37  vendor, the commission shall remove the vendor's name from the
  10-38  commission's bidders list for not longer than one year.  (V.A.C.S.
  10-39  Art. 601b, Sec. 3.17(c) (part).)
  10-40        Sec. 2155.071.  STATISTICAL INFORMATION ON CONSUMPTION AND
  10-41  USE.  (a)  The commission shall keep statistical information on the
  10-42  consumption and use of goods and services purchased for a state
  10-43  agency and on request shall provide the information to the agency.
  10-44        (b)  The commission shall cooperate with the state budget
  10-45  offices and the state auditor in preparing information on the
  10-46  consumption and use of goods and services.  (V.A.C.S. Art. 601b,
  10-47  Sec. 3.18.)
  10-48        Sec. 2155.072.  STATEWIDE OR REGIONAL SERVICES CONTRACTS;
  10-49  COMMISSION STUDIES.  (a)  The commission annually shall select for
  10-50  study at least one service that is purchased by one or more state
  10-51  agencies.  The commission shall study a selected service to
  10-52  determine whether the state would benefit if the service were
  10-53  provided to appropriate state agencies under a regional or
  10-54  statewide contract.  The commission shall give priority to studying
  10-55  services for which the commission has delegated the purchasing
  10-56  function to many state agencies.
  10-57        (b)  The commission is not required to enter into a statewide
  10-58  or regional contract for the provision of a service to state
  10-59  agencies if more than five bidders are willing to provide the
  10-60  service to the state under a statewide or regional contract.
  10-61  (V.A.C.S. Art. 601b, Sec. 3.181.)
  10-62        Sec. 2155.073.  PARTICIPATION BY SMALL BUSINESSES IN STATE
  10-63  PURCHASING.  The commission shall foster participation of small
  10-64  businesses in the purchasing activities of the state by:
  10-65              (1)  assisting state agencies in developing procedures
  10-66  to ensure the inclusion of small businesses on state agency master
  10-67  bid lists;
  10-68              (2)  informing small businesses of state purchasing
  10-69  opportunities;
  10-70              (3)  assisting small businesses in complying with the
   11-1  procedures for bidding on state contracts;
   11-2              (4)  working with state and federal agencies and with
   11-3  private organizations in disseminating information on state
   11-4  purchasing procedures and the opportunities for small businesses to
   11-5  participate in state contracts;
   11-6              (5)  assisting state agencies with the development of a
   11-7  comprehensive list of small businesses capable of providing goods
   11-8  or services to the state;
   11-9              (6)  making recommendations to state agencies to
  11-10  simplify contract specifications and terms to increase the
  11-11  opportunities for small business participation;
  11-12              (7)  working with state agencies to establish a
  11-13  statewide policy for increasing the use of small businesses;
  11-14              (8)  assisting state agencies in seeking small
  11-15  businesses capable of supplying goods and services that the
  11-16  agencies require;
  11-17              (9)  assisting state agencies in identifying and
  11-18  advising small businesses on the types of goods and services needed
  11-19  by the agencies; and
  11-20              (10)  assisting state agencies in increasing the volume
  11-21  of business placed with small businesses.  (V.A.C.S. Art. 601b,
  11-22  Sec. 3.281.)
  11-23          (Sections 2155.074-2155.130 reserved for expansion)
  11-24    SUBCHAPTER C.  DELEGATIONS OF AND EXCLUSIONS FROM COMMISSION'S
  11-25           PURCHASING AUTHORITY AND CERTAIN EXEMPTIONS FROM
  11-26                          COMPETITIVE BIDDING
  11-27        Sec. 2155.131.  DELEGATION OF AUTHORITY TO STATE AGENCIES.
  11-28  The commission may delegate purchasing functions to a state agency.
  11-29  (V.A.C.S. Art. 601b, Sec. 3.06(b).)
  11-30        Sec. 2155.132.  PURCHASES LESS THAN SPECIFIED MONETARY
  11-31  AMOUNT.  (a)  A state agency is delegated the authority to purchase
  11-32  goods if the purchase does not exceed $5,000.  The agency may,
  11-33  however, use the commission's services for those purchases.
  11-34        (b)  The commission by rule may delegate to a state agency
  11-35  the authority to purchase goods if the purchase exceeds $5,000.
  11-36        (c)  The commission by rule:
  11-37              (1)  shall prescribe procedures for a delegated
  11-38  purchase; and
  11-39              (2)  may delegate to the comptroller the commission's
  11-40  authority under Subchapter F to audit purchases and purchase
  11-41  information if the purchases do not exceed $500 or a greater amount
  11-42  prescribed by the commission.
  11-43        (d)  Competitive bidding, whether formal or informal, is not
  11-44  required for a purchase by a state agency if the purchase does not
  11-45  exceed $1,000, or a greater amount prescribed by commission rule.
  11-46        (e)  Goods purchased under this section may not include:
  11-47              (1)  an item for which a contract has been awarded
  11-48  under the contract purchase procedure, unless the quantity
  11-49  purchased is less than the minimum quantity specified in the
  11-50  contract;
  11-51              (2)  an item required by statute to be purchased from a
  11-52  particular source; or
  11-53              (3)  a scheduled item that has been designated for
  11-54  purchase by the commission.
  11-55        (f)  A large purchase may not be divided into small lot
  11-56  purchases to meet the dollar limits prescribed by this section.
  11-57  The commission may not require that unrelated purchases be combined
  11-58  into one purchase order to exceed the dollar limits prescribed by
  11-59  this section.
  11-60        (g)  A state agency making a purchase under this section for
  11-61  which competitive bidding is required must:
  11-62              (1)  attempt to obtain at least three competitive bids
  11-63  from sources that normally offer for sale the goods being
  11-64  purchased; and
  11-65              (2)  comply with Subchapter E.  (V.A.C.S. Art. 601b,
  11-66  Sec. 3.08.)
  11-67        Sec. 2155.133.  DELEGATION OF AUTHORITY TO INSTITUTION OF
  11-68  HIGHER EDUCATION.  (a)  At the request of an institution of higher
  11-69  education or other agency of higher education, the commission shall
  11-70  delegate to the institution or agency authority to purchase goods
   12-1  and services for research projects from state funds appropriated to
   12-2  the institution or agency for that purpose.
   12-3        (b)  An institution or agency acting under delegated
   12-4  authority shall follow the commission's monetary limits and
   12-5  procedures regarding competitive bidding in the purchase of
   12-6  research goods and services.  The institution or agency may also
   12-7  consider other factors in making purchases, including quality,
   12-8  reliability, expected life span, and compatibility with existing
   12-9  equipment.
  12-10        (c)  In this section, "institution of higher education" and
  12-11  "other agency of higher education" have the meanings assigned by
  12-12  Section 61.003, Education Code.  (V.A.C.S. Art. 601b, Secs.
  12-13  3.06(a), (c).)
  12-14        Sec. 2155.134.  GROUP PURCHASING PROGRAMS.  (a)  An
  12-15  institution of higher education, as defined by Section 61.003,
  12-16  Education Code, may purchase goods through a group purchasing
  12-17  program that offers discount prices to institutions of higher
  12-18  education.
  12-19        (b)  The commission shall adopt rules that allow purchases to
  12-20  be made through group purchasing programs except when the
  12-21  commission determines within a reasonable time after receiving
  12-22  notice of a particular purchase that a lower price is available
  12-23  through the commission.
  12-24        (c)  The rules must provide for commission determination of
  12-25  compliance with state laws and commission rules on purchasing from
  12-26  a historically underutilized business.
  12-27        (d)  This section does not affect other authority granted to
  12-28  an institution of higher education under this subtitle.  (V.A.C.S.
  12-29  Art. 601b, Sec. 3.061.)
  12-30        Sec. 2155.135.  PURCHASES FROM HIGHER EDUCATION RESEARCH
  12-31  FUNDS.  (a)  An item to be purchased from higher education research
  12-32  funds may be acquired through competitive sealed proposals.
  12-33        (b)  To make a purchase under this section, the commission,
  12-34  or an institution of higher education making the acquisition if
  12-35  research purchasing authority has been delegated to that
  12-36  institution under Section 2155.133, must first determine that
  12-37  competitive sealed bidding or informal competitive bidding is not
  12-38  practical or is disadvantageous to the state.
  12-39        (c)  If the institution of higher education oversees the
  12-40  competitive sealed proposal procedure, the institution shall follow
  12-41  the competitive sealed proposals procedures outlined by Subchapter
  12-42  C, Chapter 2157, for the commission.  (V.A.C.S. Art. 601b, Sec.
  12-43  3.022(a) (part).)
  12-44        Sec. 2155.136.  PURCHASE OF CERTAIN MEDICAL EQUIPMENT BY
  12-45  MEDICAL OR DENTAL UNIT.  (a)  A medical or dental unit listed under
  12-46  Section 61.003, Education Code, may purchase through the use of
  12-47  competitive sealed proposals:
  12-48              (1)  prototypes of medical equipment not yet available
  12-49  on the market;
  12-50              (2)  medical equipment so new to the market that its
  12-51  benefits are not fully known; and
  12-52              (3)  major medical equipment that is so technically
  12-53  complex that development of specifications for competitive bidding
  12-54  is not feasible.
  12-55        (b)  To make a purchase under this section, the medical or
  12-56  dental unit must:
  12-57              (1)  follow the competitive sealed proposals procedures
  12-58  under Subchapter C, Chapter 2157, and commission rules on the use
  12-59  of competitive sealed proposals; and
  12-60              (2)  submit to the commission a written finding that
  12-61  competitive sealed bidding or informal competitive bidding is not
  12-62  practical or is disadvantageous to the state for the proposed
  12-63  acquisition.  (V.A.C.S. Art. 601b, Sec. 3.022(h).)
  12-64        Sec. 2155.137.  EMERGENCY PURCHASES.  (a)  The commission
  12-65  shall provide for emergency purchases by a state agency and may set
  12-66  a monetary limit on the amount of an emergency purchase.
  12-67        (b)  The provisions of Section 2161.181 relating to
  12-68  historically underutilized businesses apply to an emergency
  12-69  purchase made under this section.  (V.A.C.S. Art. 601b, Sec. 3.07.)
  12-70        Sec. 2155.138.  EXEMPTION OF GOODS OR SERVICES OF BLIND OR
   13-1  VISUALLY IMPAIRED PERSONS.  The competitive bidding provisions of
   13-2  this chapter do not apply to a state purchase of goods or services
   13-3  that:
   13-4              (1)  are made or provided by blind or visually impaired
   13-5  persons;
   13-6              (2)  are offered for sale to a state agency through
   13-7  efforts made under law by the Texas Committee on Purchases of
   13-8  Products and Services of Blind and Severely Disabled Persons;
   13-9              (3)  meet state specifications for quantity and
  13-10  quality; and
  13-11              (4)  cost not more than the fair market price of
  13-12  similar items.  (V.A.C.S. Art. 601b, Sec. 3.22.)
  13-13        Sec. 2155.139.  EXEMPTION FOR CERTAIN LIBRARIES AND HEALTH
  13-14  FACILITIES.  (a)  Section 2155.061 does not apply to an acquisition
  13-15  if:
  13-16              (1)  the acquisition is for a:
  13-17                    (A)  library operated as a part of a university
  13-18  system or institution of higher education; or
  13-19                    (B)  state-owned hospital or clinic; and
  13-20              (2)  the goods or services acquired are:
  13-21                    (A)  serial and journal subscriptions;
  13-22                    (B)  library materials, including books not
  13-23  available under a statewide contract and papers;
  13-24                    (C)  library services, including binding services
  13-25  not available under a statewide contract; or
  13-26                    (D)  library equipment and supplies.
  13-27        (b)  Section 2155.061 does not apply to a purchase of goods
  13-28  by a state-owned hospital or clinic through a group purchasing
  13-29  program that offers purchasing services at discount prices to two
  13-30  or more hospital or clinic facilities if the chief executive
  13-31  officer of the hospital or clinic or the officer's designee
  13-32  certifies that the purchase of the particular goods through the
  13-33  group purchasing program is the most cost-effective method of
  13-34  purchasing available.  (V.A.C.S. Art. 601b, Sec. 3.01(a) (part).)
  13-35        Sec. 2155.140.  PURCHASE FROM GIFT OR GRANT NOT WITHIN
  13-36  COMMISSION'S PURCHASING AUTHORITY.  The commission's authority does
  13-37  not apply to a purchase of goods or services from a gift or grant,
  13-38  including an industrial or federal grant or contract in support of
  13-39  research.  (V.A.C.S. Art. 601b, Sec. 3.02 (part).)
  13-40        Sec. 2155.141.  CERTAIN OTHER PURCHASES NOT WITHIN COMMISSION
  13-41  PURCHASING AUTHORITY.  The commission's authority does not extend
  13-42  to a purchase of goods and services:
  13-43              (1)  for resale;
  13-44              (2)  for an auxiliary enterprise; or
  13-45              (3)  for an organized activity relating to an
  13-46  instructional department of an institution of higher learning or a
  13-47  similar activity of another state agency.  (V.A.C.S. Art. 601b,
  13-48  Sec. 3.02 (part).)
  13-49        Sec. 2155.142.  PURCHASES BY VETERANS LAND BOARD.  This
  13-50  subtitle does not apply to a purchase by or for the Veterans Land
  13-51  Board in connection with improvements to, repairs to, or
  13-52  maintenance of land or other activities of the board under Section
  13-53  161.175, Natural Resources Code.  (V.A.C.S. Art. 601b, Sec. 3.052.)
  13-54        Sec. 2155.143.  PURCHASE OF CARE AND TREATMENT SERVICES BY
  13-55  TEXAS YOUTH COMMISSION.  (a) The Texas Youth Commission may
  13-56  purchase care and treatment services, including educational
  13-57  services, for its wards.
  13-58        (b)  The Texas Youth Commission shall:
  13-59              (1)  negotiate purchases under this section to achieve
  13-60  fair and reasonable prices at rates that do not exceed any maximum
  13-61  provided by law; and
  13-62              (2)  select service providers according to each
  13-63  provider's qualifications and demonstrated competence.  (V.A.C.S.
  13-64  Art. 601b, Sec. 3.01(e).)
  13-65          (Sections 2155.144-2155.200 reserved for expansion)
  13-66      SUBCHAPTER D.  EXTENSION OF COMMISSION PURCHASING SERVICES
  13-67                           TO OTHER ENTITIES
  13-68        Sec. 2155.201.  PURCHASE OF MOTOR VEHICLES FOR SCHOOL
  13-69  DISTRICTS.  (a)  The commission shall purchase for school districts
  13-70  participating in the Foundation School Program under Subchapter F,
   14-1  Chapter 21, Education Code, all motor vehicles, including buses,
   14-2  used for transporting schoolchildren.  The commission also shall
   14-3  purchase the chassis, bodies, tires, and tubes for those buses.
   14-4        (b)  A purchase under this section must comply with the
   14-5  alternative fuels requirements prescribed by Subchapter F, Chapter
   14-6  21, Education Code.  (V.A.C.S. Art. 601b, Sec. 3.03.)
   14-7        Sec. 2155.202.  MENTAL HEALTH AND MENTAL RETARDATION
   14-8  COMMUNITY CENTERS; ASSISTANCE ORGANIZATIONS.  A community center
   14-9  for mental health and mental retardation services that receives
  14-10  state grants-in-aid under Subchapter B, Chapter 534, Health and
  14-11  Safety Code, and an assistance organization as defined by Section
  14-12  2175.001 that receives state funds may purchase goods and services
  14-13  through the commission.  (V.A.C.S. Art. 601b, Sec. 3.04.)
  14-14        Sec. 2155.203.  PURCHASES BY LEGISLATURE AND LEGISLATIVE
  14-15  AGENCIES.  A house of the legislature, or an agency, council, or
  14-16  committee of the legislature, including the Legislative Budget
  14-17  Board, the Texas Legislative Council, the state auditor's office,
  14-18  and the Legislative Reference Library, may use the commission's
  14-19  purchasing services for purchasing goods and services, including
  14-20  items covered by Section 21, Article XVI, Texas Constitution.
  14-21  (V.A.C.S. Art. 601b, Sec. 3.05.)
  14-22        Sec. 2155.204.  LOCAL GOVERNMENT PURCHASING PROGRAM.  The
  14-23  commission's provision of purchasing services for local governments
  14-24  is governed by Subchapter D, Chapter 271, Local Government Code.
  14-25  (New.)
  14-26          (Sections 2155.205-2155.260 reserved for expansion)
  14-27                  SUBCHAPTER E.  MASTER BIDDERS LIST
  14-28        Sec. 2155.261.  APPLICABILITY.  This subchapter:
  14-29              (1)  applies to a purchase or other acquisition under
  14-30  this chapter or Chapters 2156-2158 for which competitive bidding or
  14-31  competitive sealed proposals are required;
  14-32              (2)  applies to a state agency that makes a purchase or
  14-33  other acquisition under this chapter or Chapters 2156-2158,
  14-34  including the commission and an agency that makes an acquisition
  14-35  under Section 2155.131 or 2155.133; and
  14-36              (3)  does not apply to a purchase or other acquisition
  14-37  made by the commission under Subchapter A, Chapter 2156.  (V.A.C.S.
  14-38  Art. 601b, Sec. 3.101(a).)
  14-39        Sec. 2155.262.  UNIFORM REGISTRATION FORM.  (a)  The
  14-40  commission shall develop a uniform registration form for applying
  14-41  to do business with the commission or with another state agency.
  14-42        (b)  The commission and each state agency shall make the form
  14-43  available to an applicant.
  14-44        (c)  The form must include an application for:
  14-45              (1)  certification as a historically underutilized
  14-46  business;
  14-47              (2)  a payee identification number for use by the
  14-48  comptroller; and
  14-49              (3)  placement on the commission's master bidders list.
  14-50        (d)  A state agency shall submit to the commission each
  14-51  uniform registration form that it receives.  The commission shall
  14-52  send to the comptroller a copy of each uniform registration form.
  14-53  (V.A.C.S. Art. 601b, Secs. 3.101(b), (c).)
  14-54        Sec. 2155.263.  COMMISSION TO MAINTAIN MASTER BIDDERS LIST.
  14-55  (a)  The commission shall maintain a master bidders list and
  14-56  annually register on the list the name and address of each vendor
  14-57  that applies for registration under rules adopted under this
  14-58  subchapter.  The commission may include other relevant vendor
  14-59  information on the list.
  14-60        (b)  The commission shall maintain the master bidders list in
  14-61  a manner that facilitates a state agency's solicitation of vendors
  14-62  that serve the agency's geographic area.  (V.A.C.S. Art. 601b, Sec.
  14-63  3.101(d) (part).)
  14-64        Sec. 2155.264.  AGENCY SOLICITATION OF BIDS OR PROPOSALS FOR
  14-65  ACQUISITION OVER $15,000.  A state agency that proposes to make a
  14-66  purchase or other acquisition that will cost more than $15,000
  14-67  shall solicit bids or proposals from each eligible vendor on the
  14-68  master bidders list that serves the agency's geographic region.
  14-69  (V.A.C.S. Art. 601b, Sec. 3.101(d) (part).)
  14-70        Sec. 2155.265.  ACCESS TO MASTER BIDDERS LIST.  (a)  The
   15-1  commission shall make the master bidders list available to each
   15-2  state agency that makes a purchase or other acquisition to which
   15-3  this subchapter applies.
   15-4        (b)  The commission shall make the list available either
   15-5  electronically or in another form, depending on each state agency's
   15-6  needs.  (V.A.C.S.  Art. 601b, Sec. 3.101(e).)
   15-7        Sec. 2155.266.  REGISTRATION AND RENEWAL FEE.  (a)  The
   15-8  commission may charge a person applying for registration on the
   15-9  master bidders list a registration fee and may charge a registrant
  15-10  an annual renewal fee in an amount designed to recover the
  15-11  commission's costs in:
  15-12              (1)  making and maintaining the master bidders list;
  15-13  and
  15-14              (2)  soliciting bids or proposals under this
  15-15  subchapter.
  15-16        (b)  The commission shall set the amount of the fees by rule.
  15-17  (V.A.C.S. Art. 601b, Sec. 3.101(f).)
  15-18        Sec. 2155.267.  COMMISSION RULES AND PROCEDURES REGARDING
  15-19  MASTER BIDDERS LIST.  (a)  The commission shall adopt procedures
  15-20  for:
  15-21              (1)  making and maintaining the master bidders list;
  15-22  and
  15-23              (2)  removing an inactive vendor from the list.
  15-24        (b)  The commission shall establish by rule a vendor
  15-25  classification process under which only a vendor able to make a bid
  15-26  or proposal on a particular purchase or other acquisition may be
  15-27  solicited under this subchapter.  (V.A.C.S. Art. 601b, Secs.
  15-28  3.101(g), (h).)
  15-29        Sec. 2155.268.  USE OF STATE AGENCY BIDDERS LIST.  (a)  A
  15-30  state agency may maintain and use its own bidders list only if the
  15-31  commission determines by rule that the agency has specialized needs
  15-32  that can best be met through maintaining and using its own
  15-33  specialized bidders list.
  15-34        (b)  The commission by rule may prescribe the categories of
  15-35  purchases or other acquisitions for which a state agency's
  15-36  specialized bidders list may be used.
  15-37        (c)  A state agency may supplement the bidders list with its
  15-38  own list of historically underutilized businesses if it determines
  15-39  that the supplementation will increase the number of historically
  15-40  underutilized businesses that submit bids.  (V.A.C.S. Art. 601b,
  15-41  Sec. 3.101(i).)
  15-42        Sec. 2155.269.  WAIVER.  The commission by rule may establish
  15-43  a process under which the requirement for soliciting bids or
  15-44  proposals from eligible vendors on a bidders list may be waived for
  15-45  an appropriate state agency or an appropriate purchase or other
  15-46  acquisition under circumstances in which the requirement is not
  15-47  warranted.  (V.A.C.S. Art. 601b, Sec. 3.101(j) (part).)
  15-48        Sec. 2155.270.  AGENCY ASSISTANCE WITH BIDDERS LIST ISSUES.
  15-49  The commission may assist a state agency with issues relating to a
  15-50  bidders list.  (V.A.C.S. Art. 601b, Sec. 3.101(j) (part).)
  15-51          (Sections 2155.271-2155.320 reserved for expansion)
  15-52              SUBCHAPTER F.  INSPECTION AND CERTIFICATION
  15-53                     OF GOODS OR SERVICES; AUDITS
  15-54        Sec. 2155.321.  DEFINITIONS.  In this subchapter:
  15-55              (1)  "Financial information" means information that the
  15-56  comptroller determines is necessary to audit a claim under Chapter
  15-57  403.
  15-58              (2)  "Purchase information" means information that the
  15-59  commission determines is necessary to audit a purchase under this
  15-60  subchapter.  (V.A.C.S. Art. 601b, Sec. 3.15(a).)
  15-61        Sec. 2155.322.  INSPECTION AND CERTIFICATION.  (a)  A state
  15-62  agency shall:
  15-63              (1)  inspect and evaluate at the time of receipt all
  15-64  goods or services that the agency receives to determine whether the
  15-65  goods or services comply with the contract under which they were
  15-66  purchased; and
  15-67              (2)  certify, if true, that the goods or services
  15-68  comply with contract requirements and that the invoice for them is
  15-69  correct.
  15-70        (b)  Promptly after the later of the receipt of the invoice
   16-1  or the receipt of the goods or services, the agency shall send to
   16-2  the comptroller the certification, together with the financial
   16-3  information and purchase information provided by the invoice and
   16-4  purchase voucher, on a form or in the manner agreed to by the
   16-5  comptroller and the commission.
   16-6        (c)  The commission by rule may require that purchase
   16-7  information be sent directly to the commission in circumstances
   16-8  under which the commission considers it necessary.  (V.A.C.S.
   16-9  Art. 601b, Sec. 3.15(b).)
  16-10        Sec. 2155.323.  COMPTROLLER AUDIT; TRANSMISSION OF PURCHASE
  16-11  INFORMATION TO COMMISSION.  (a)  On receipt of a certification,
  16-12  financial information, and purchase information from a state agency
  16-13  as required by this subchapter, the comptroller shall audit the
  16-14  financial information under Chapter 403.
  16-15        (b)  If the comptroller approves the financial information,
  16-16  the comptroller shall determine whether commission rules require
  16-17  the commission to audit the purchase information.  If a commission
  16-18  audit is required, the comptroller shall promptly send the
  16-19  certification and purchase information to the commission using the
  16-20  method and format agreed to by the comptroller and the commission.
  16-21        (c)  The purchase information sent to the commission must
  16-22  include the:
  16-23              (1)  agency number;
  16-24              (2)  agency requisition number;
  16-25              (3)  agency voucher number;
  16-26              (4)  voucher amount;
  16-27              (5)  fiscal year in which the purchase is made;
  16-28              (6)  object code; and
  16-29              (7)  vendor identification number.
  16-30        (d)  In adopting rules, the commission may determine the
  16-31  types of purchases for which a commission audit is required.
  16-32  (V.A.C.S. Art. 601b, Sec. 3.15(c).)
  16-33        Sec. 2155.324.  COMMISSION AUDIT.  (a)  Not later than the
  16-34  eighth day after the date the commission receives the certification
  16-35  and purchase information required by this subchapter from the
  16-36  comptroller, the commission shall audit the information for
  16-37  compliance with applicable purchasing statutes and commission
  16-38  rules.
  16-39        (b)  The commission may determine the auditing method used
  16-40  under this section, including stratified or statistical sampling
  16-41  techniques.
  16-42        (c)  The commission shall notify the comptroller of the
  16-43  results of the commission's audit, using the method and format
  16-44  agreed to by the commission and the comptroller.  (V.A.C.S.
  16-45  Art. 601b, Sec. 3.15(d).)
  16-46        Sec. 2155.325.  COMMISSION AUDIT AFTER ISSUANCE OF WARRANT.
  16-47  (a)  The commission may audit purchase information after a warrant
  16-48  has been issued if the audit will expedite the payment process.
  16-49        (b)  For audits under this section, the commission by rule
  16-50  shall:
  16-51              (1)  determine the types of purchases that will be
  16-52  audited after a warrant is issued; and
  16-53              (2)  specify the purchase information that a state
  16-54  agency must send to the comptroller or the commission before a
  16-55  warrant is issued.
  16-56        (c)  For purchases audited after a warrant is issued, the
  16-57  comptroller shall send the certification and purchase information
  16-58  to the commission under commission rules.  (V.A.C.S. Art. 601b,
  16-59  Secs. 3.15(e), (f).)
  16-60        Sec. 2155.326.  UPDATE OF COMMISSION FILES AND RECORDS.  To
  16-61  enable the commission to update periodically computer records and
  16-62  close purchase order files, the comptroller shall, on request,
  16-63  furnish the commission with information detailing all vouchers paid
  16-64  under this subchapter and Section 2155.132.  (V.A.C.S. Art. 601b,
  16-65  Sec. 3.15(g).)
  16-66        Sec. 2155.327.  INTERAGENCY PURCHASES AND TRANSACTIONS.  This
  16-67  subchapter does not apply to an interagency purchase or
  16-68  transaction.   An interagency purchase or transaction must be
  16-69  accomplished on a special voucher or electronically as prescribed
  16-70  by the comptroller.  (V.A.C.S. Art. 601b, Sec. 3.15(h).)
   17-1          (Sections 2155.328-2155.380 reserved for expansion)
   17-2                   SUBCHAPTER G.  PAYMENT PROVISIONS
   17-3        Sec. 2155.381.  INVOICE.  (a)  The contractor or seller of
   17-4  goods or services contracted for by the commission shall submit an
   17-5  invoice to the ordering agency at the address shown on the purchase
   17-6  order.
   17-7        (b)  The invoice shall be prepared and submitted as provided
   17-8  by commission rule.  (V.A.C.S. Art. 601b, Sec. 3.14.)
   17-9        Sec. 2155.382.  PAYMENT BY WARRANT.  (a)  After the
  17-10  comptroller and the commission have approved financial information
  17-11  and purchase information, when advance approval of that information
  17-12  is required by commission rule, the comptroller shall draw a
  17-13  warrant on the state treasury for:
  17-14              (1)  the amount due on the invoice; or
  17-15              (2)  the amount on the invoice that has been allowed.
  17-16        (b)  The comptroller shall complete the procedures for
  17-17  drawing the warrant not later than the eighth day after the date of
  17-18  receiving the necessary information.  If a payment is not due until
  17-19  after the eighth day, the comptroller may delay drawing a warrant
  17-20  if the delay will maximize the state's cash flow.  (V.A.C.S.
  17-21  Art. 601b, Sec. 3.16.)
  17-22        Sec. 2155.383.  ADVANCE PAYMENTS TO STATE OR FEDERAL AGENCY.
  17-23  A state agency may make an advance payment to a federal or other
  17-24  state agency for goods purchased from the agency if an advance
  17-25  payment will expedite delivery of the goods.  (V.A.C.S. Art. 601b,
  17-26  Sec. 3.24.)
  17-27        Sec. 2155.384.  AUTHORITY TO PAY CHARGES.  The commission or
  17-28  a state agency may pay a restocking charge, cancellation fee, or
  17-29  other similar charge if the commission determines that the charge
  17-30  is justifiable.  (V.A.C.S. Art. 601b, Sec. 3.30.)
  17-31        Sec. 2155.385.  CREDIT CARDS.  (a)  If authorized by rule
  17-32  adopted by the comptroller under Section 403.023, the commission
  17-33  may contract with one or more credit card issuers for state
  17-34  agencies to use credit cards to pay for purchases.  The commission
  17-35  may not enter into a contract that conflicts with the comptroller's
  17-36  rules.
  17-37        (b)  This section does not apply to contracts regarding
  17-38  travel services or the use of credit cards to pay for travel
  17-39  services under Chapter 2171.
  17-40        (c)  In this section and notwithstanding Section 2151.002,
  17-41  "state agency" has the meaning assigned by Section 403.023(e).
  17-42  (V.A.C.S. Art. 601b, Sec. 3.33, as added Ch. 449, Acts 73rd Leg.,
  17-43  R.S., 1993.)
  17-44        Sec. 2155.386.  PREPAYMENT FOR LIBRARY MATERIALS BY
  17-45  INSTITUTION OF HIGHER EDUCATION.  An institution of higher
  17-46  education may pay for books and other published library materials
  17-47  before receiving them if reasonably necessary for the efficient
  17-48  operation of the institution's libraries.  (V.A.C.S. Art. 601b,
  17-49  Sec. 3.01(d).)
  17-50        Sec. 2155.387.  PAYMENT FOR ROAD CONSTRUCTION MATERIALS
  17-51  DELIVERED BY VEHICLE EXCEEDING WEIGHT LIMITS.  A state agency that
  17-52  purchases road construction materials may pay for road construction
  17-53  materials delivered in a vehicle that exceeds the maximum gross
  17-54  weight authorized by law for the vehicle an amount computed using
  17-55  the lesser of:
  17-56              (1)  the actual weight of the load; or
  17-57              (2)  the weight determined by subtracting the weight of
  17-58  the vehicle from the sum of the maximum gross weight authorized by
  17-59  law for the vehicle and the tolerance allowance set for the gross
  17-60  weight of that vehicle by Subdivision 1, Section 6, Chapter 42,
  17-61  General Laws, Acts of the 41st Legislature, 2nd Called Session,
  17-62  1929 (Article 6701d-11, Vernon's Texas Civil Statutes).  (V.A.C.S.
  17-63  Art. 601b, Sec. 3.31.)
  17-64          (Sections 2155.388-2155.440 reserved for expansion)
  17-65                 SUBCHAPTER H.  PURCHASING PREFERENCES
  17-66        Sec. 2155.441.  PREFERENCE FOR PRODUCTS OF PERSONS WITH
  17-67  MENTAL RETARDATION OR PHYSICAL DISABILITIES.  The products of
  17-68  workshops, organizations, or corporations whose primary purpose is
  17-69  training and employing individuals having mental retardation or a
  17-70  physical disability shall be given preference if they meet state
   18-1  specifications regarding quantity, quality, and price.  (V.A.C.S.
   18-2  Art. 601b, Sec. 3.20.)
   18-3        Sec. 2155.442.  PREFERENCE FOR ENERGY EFFICIENT PRODUCTS.
   18-4  The commission shall give preference to energy efficient products
   18-5  in purchases made under this subtitle if:
   18-6              (1)  the products meet state specifications regarding
   18-7  quantity and quality; and
   18-8              (2)  the cost of the product is equal to or less than
   18-9  the cost of other similar products that are not energy efficient.
  18-10  (V.A.C.S. Art. 601b, Sec. 3.202.)
  18-11        Sec. 2155.443.  PREFERENCE FOR RUBBERIZED ASPHALT PAVING.
  18-12  The commission may give preference to rubberized asphalt paving
  18-13  made from scrap tires by a facility in this state in purchases of
  18-14  rubberized asphalt paving material if the cost as determined by a
  18-15  life-cycle cost benefit analysis does not exceed by more than 15
  18-16  percent the bid cost of alternative paving materials.  (V.A.C.S.
  18-17  Art. 601b, Sec. 3.211.)
  18-18        Sec. 2155.444.  PREFERENCE TO TEXAS AND UNITED STATES
  18-19  PRODUCTS.  (a)  The commission and all state agencies making
  18-20  purchases of goods, including agricultural products, shall give
  18-21  preference to those produced or grown in this state or offered by
  18-22  Texas bidders as follows:
  18-23              (1)  goods produced in this state or offered by Texas
  18-24  bidders shall equally be given preference if the cost to the state
  18-25  and quality are equal; and
  18-26              (2)  agricultural products grown in this state shall be
  18-27  given first preference and agricultural products offered by Texas
  18-28  bidders shall be given second preference, if the cost to the state
  18-29  and quality are equal.
  18-30        (b)  If goods, including agricultural products, produced or
  18-31  grown in this state or offered by Texas bidders are not equal in
  18-32  cost and quality to other products, then goods, including
  18-33  agricultural products, produced or grown in other states of the
  18-34  United States shall be given preference over foreign products if
  18-35  the cost to the state and quality are equal.
  18-36        (c)  In this section, "agricultural products" includes
  18-37  textiles and other similar products.  (V.A.C.S. Art. 601b,
  18-38  Sec. 3.28.)
  18-39        Sec. 2155.445.  PREFERENCE FOR RECYCLED PRODUCTS.  (a)  The
  18-40  commission and state agencies shall give preference to a product
  18-41  made of recycled materials in purchases made under this subtitle if
  18-42  the product meets state specifications regarding quantity and
  18-43  quality.
  18-44        (b)  The commission regularly shall review and revise its
  18-45  procurement procedures and specifications for the purchase of goods
  18-46  to:
  18-47              (1)  eliminate procedures and specifications that
  18-48  explicitly discriminate against products made of recycled
  18-49  materials; and
  18-50              (2)  encourage the use of products made of recycled
  18-51  materials.
  18-52        (c)  In developing new procedures and specifications, the
  18-53  commission shall encourage the use of recycled products and
  18-54  products that may be recycled or reused.  (V.A.C.S. Art. 601b,
  18-55  Sec. 3.212.)
  18-56        Sec. 2155.446.  PURCHASE AND USE OF PAPER CONTAINING RECYCLED
  18-57  FIBERS.  (a)  The commission shall contract for paper containing
  18-58  the highest proportion of recycled fibers for all purposes for
  18-59  which paper with recycled fibers may be used and to the extent that
  18-60  the paper is available at a reasonable price through normal
  18-61  commercial sources to supply the state's needs.
  18-62        (b)  A state agency that purchases through the commission
  18-63  shall place orders for papers containing recycled fibers to the
  18-64  highest extent of its needs and to the extent that the paper is
  18-65  available through the commission's purchasing procedures.
  18-66  (V.A.C.S. Art. 601b, Sec. 3.21.)
  18-67        Sec. 2155.447.  PURCHASE OF RECYCLED OIL.  The commission,
  18-68  all state agencies, and all state agency employees who purchase
  18-69  motor oil and other automotive lubricants for state-owned vehicles
  18-70  shall give preference to motor oils and lubricants that contain at
   19-1  least 25 percent recycled oil if the cost to the state and the
   19-2  quality are comparable to those of new oil and lubricants.
   19-3  (V.A.C.S. Art. 601b, Sec. 3.291.)
   19-4        Sec. 2155.448.  EXPENDITURES FOR RECYCLED MATERIALS.  (a)  A
   19-5  state agency shall spend not less than eight percent of its
   19-6  consumable procurement budget for each fiscal year for goods that
   19-7  have recycled material content or that are remanufactured or
   19-8  environmentally sensitive, as those terms are defined by the
   19-9  commission.
  19-10        (b)  Not later than January 1 of each year, a state agency
  19-11  shall deliver a report of the total expenditures in the areas
  19-12  subject to Subsection (a) and the amount spent in each category for
  19-13  the previous fiscal year to the:
  19-14              (1)  governor;
  19-15              (2)  lieutenant governor;
  19-16              (3)  speaker of the house of representatives; and
  19-17              (4)  Legislative Budget Board.  (V.A.C.S. Art. 601b,
  19-18  Sec. 3.33, as added Ch. 899, Acts 73rd Leg., R.S., 1993.)
  19-19                   CHAPTER 2156.  PURCHASING METHODS
  19-20              SUBCHAPTER A.  CONTRACT PURCHASE PROCEDURE
  19-21  Sec. 2156.001.  CONTRACT PURCHASE PROCEDURE AUTHORIZED
  19-22  Sec. 2156.002.  SOLICITATION OF BIDS THROUGH PUBLIC
  19-23                    NOTICE
  19-24  Sec. 2156.003.  SOLICITATION OF BIDS THROUGH BIDDERS LIST;
  19-25                    BID INVITATIONS
  19-26  Sec. 2156.004.  BID DEPOSIT
  19-27  Sec. 2156.005.  BID SUBMISSION AND OPENING; PUBLIC
  19-28                    INSPECTION
  19-29  Sec. 2156.006.  SUBMISSION OF ADDITIONAL MATERIAL WITH
  19-30                    BID
  19-31  Sec. 2156.007.  CONTRACT AWARD
  19-32  Sec. 2156.008.  REJECTION OF BIDS
  19-33  Sec. 2156.009.  REASONS FOR AWARD
  19-34  Sec. 2156.010.  TIE BIDS
  19-35  Sec. 2156.011.  PERFORMANCE BOND
  19-36          (Sections 2156.012-2156.060 reserved for expansion)
  19-37             SUBCHAPTER B.  OPEN MARKET PURCHASE PROCEDURE
  19-38  Sec. 2156.061.  USE OF OPEN MARKET PURCHASE PROCEDURE
  19-39                    AUTHORIZED; USE OF PROCEDURE
  19-40  Sec. 2156.062.  MINIMUM NUMBER AND EVALUATION OF BIDS
  19-41  Sec. 2156.063.  SOLICITATION OF BIDS
  19-42  Sec. 2156.064.  RECORDING AND INSPECTION OF BIDS
  19-43  Sec. 2156.065.  AGENCY REVIEW OF BIDS
  19-44  Sec. 2156.066.  STATEMENT OF REASONS FOR AWARD
  19-45          (Sections 2156.067-2156.120 reserved for expansion)
  19-46              SUBCHAPTER C.  COMPETITIVE SEALED PROPOSALS
  19-47             FOR ACQUISITION OF CERTAIN GOODS AND SERVICES
  19-48  Sec. 2156.121.  ELIGIBLE ACQUISITIONS
  19-49  Sec. 2156.122.  PURCHASE AUTHORITY LIMITED TO
  19-50                    COMMISSION
  19-51  Sec. 2156.123.  DETERMINATION REGARDING COMPETITIVE
  19-52                    BIDDING
  19-53  Sec. 2156.124.  SOLICITATION OF PROPOSALS
  19-54  Sec. 2156.125.  DEVELOPMENT OF SPECIFICATIONS
  19-55  Sec. 2156.126.  OPENING AND FILING OF PROPOSALS; PUBLIC
  19-56                    INSPECTION
  19-57  Sec. 2156.127.  DISCUSSION AND REVISION OF PROPOSALS
  19-58  Sec. 2156.128.  CONTRACT AWARD
  19-59  Sec. 2156.129.  ADOPTION OF RULES; STATE AGENCY
  19-60                    ASSISTANCE
  19-61  Sec. 2156.130.  COMPETITIVE SEALED PROPOSALS FOR
  19-62                    TELECOMMUNICATIONS AND AUTOMATED
  19-63                    INFORMATION SYSTEMS NOT AFFECTED
  19-64                   CHAPTER 2156.  PURCHASING METHODS
  19-65              SUBCHAPTER A.  CONTRACT PURCHASE PROCEDURE
  19-66        Sec. 2156.001.  CONTRACT PURCHASE PROCEDURE AUTHORIZED.  The
  19-67  commission may use the contract purchase procedure to purchase
  19-68  goods and services. (V.A.C.S. Art. 601b, Sec. 3.10(a) (part).)
  19-69        Sec. 2156.002.  SOLICITATION OF BIDS THROUGH PUBLIC NOTICE.
  19-70  (a)  A notice inviting bids shall be published at least once in at
   20-1  least one newspaper of general circulation in the state not later
   20-2  than the seventh day before the last day set for the receipt of
   20-3  bids.
   20-4        (b)  The notice must:
   20-5              (1)  include a general description of the items to be
   20-6  purchased;
   20-7              (2)  state the location at which bid forms and
   20-8  specifications may be obtained; and
   20-9              (3)  state the time and place for opening bids.
  20-10  (V.A.C.S. Art. 601b, Sec. 3.11(a).)
  20-11        Sec. 2156.003.  SOLICITATION OF BIDS THROUGH BIDDERS LIST;
  20-12  BID INVITATIONS.  (a)  The commission shall maintain a bidders list
  20-13  and add or delete names from the list according to applicable
  20-14  standards provided by Section 2156.007.
  20-15        (b)  An invitation to bid on an item to be purchased may be
  20-16  sent only to a vendor on the bidders list who has expressed a
  20-17  desire to bid on that type of item.
  20-18        (c)  The commission may use the bidders list in making a
  20-19  purchase by any purchase method.  (V.A.C.S. Art. 601b, Sec.
  20-20  3.11(b).)
  20-21        Sec. 2156.004.  BID DEPOSIT.  (a)  The commission, as
  20-22  considered necessary, may require a bid deposit in an amount
  20-23  determined by the commission.  The amount of the deposit, if any,
  20-24  must be stated in the public notice and the invitation to bid.
  20-25        (b)  The commission, with the cooperation of the state
  20-26  auditor, shall establish and maintain a record of each bid deposit
  20-27  and its disposition.
  20-28        (c)  On the award of a bid or the rejection of all bids, the
  20-29  commission shall refund the bid deposit of an unsuccessful bidder.
  20-30        (d)  The commission may accept from a bidder a bid deposit in
  20-31  the form of a blanket bond.  (V.A.C.S. Art. 601b, Sec. 3.11(c).)
  20-32        Sec. 2156.005.  BID SUBMISSION AND OPENING; PUBLIC
  20-33  INSPECTION.  (a)  A bidder must submit a sealed bid to the
  20-34  commission.  The bid must be identified on the envelope as a bid.
  20-35        (b)  The commission shall open bids at the time and place
  20-36  stated in the invitation to bid.
  20-37        (c)  The state auditor or a member of the state auditor's
  20-38  staff may be present at a bid opening.
  20-39        (d)  The commission shall keep a tabulation of all bids
  20-40  received available for public inspection under rules adopted by the
  20-41  commission.  (V.A.C.S. Art. 601b, Sec. 3.11(d).)
  20-42        Sec. 2156.006.  SUBMISSION OF ADDITIONAL MATERIAL WITH BID.
  20-43  (a)  A bidder as an essential element of the materiality of the bid
  20-44  must comply with the specified time limit for the submission of
  20-45  written information, samples, or models at or before the time for
  20-46  bid opening.
  20-47        (b)  The commission may waive this requirement if the failure
  20-48  to comply is beyond the bidder's control.  (V.A.C.S. Art. 601b,
  20-49  Sec. 3.11(e) (part).)
  20-50        Sec. 2156.007.  CONTRACT AWARD.  (a)  The commission shall
  20-51  award a contract to the bidder submitting the lowest and best bid
  20-52  conforming to the specifications required.
  20-53        (b)  In determining the lowest and best bidder, the
  20-54  commission may consider the safety record of the bidder, the entity
  20-55  represented by the bidder, and any person acting for the
  20-56  represented entity only if:
  20-57              (1)  the commission has adopted a written definition
  20-58  and criteria for accurately determining the safety record of a
  20-59  bidder; and
  20-60              (2)  the commission gave notice in the bid
  20-61  specifications to prospective bidders that a bidder's safety record
  20-62  may be considered in determining the lowest and best bidder.
  20-63        (c)  A determination of a bidder's safety record may not be
  20-64  arbitrary and capricious.
  20-65        (d)  In determining the lowest and best bidder, in addition
  20-66  to price the commission shall consider:
  20-67              (1)  the quality and availability of the goods or
  20-68  contractual services and their adaptability to the use required;
  20-69              (2)  the number and scope of conditions attached to the
  20-70  bid;
   21-1              (3)  the bidder's ability, capacity, and skill to
   21-2  perform the contract or provide the service required;
   21-3              (4)  the bidder's ability to perform the contract or
   21-4  provide the service promptly, or in the time required, without
   21-5  delay or interference;
   21-6              (5)  the bidder's character, responsibility, integrity,
   21-7  reputation, and experience;
   21-8              (6)  the quality of performance of previous contracts
   21-9  or services;
  21-10              (7)  the bidder's previous and existing compliance with
  21-11  laws relating to the contract or service;
  21-12              (8)  the bidder's previous or existing noncompliance
  21-13  with specification requirements relating to the time of submission
  21-14  of specified information, including samples, models, drawings, or
  21-15  certificates;
  21-16              (9)  the sufficiency of the bidder's financial
  21-17  resources and ability to perform the contract or provide the
  21-18  service; and
  21-19              (10)  the bidder's ability to provide future
  21-20  maintenance, repair parts, and service for the use of the
  21-21  contract's subject.  (V.A.C.S. Art. 601b, Secs. 3.11(e) (part), (f)
  21-22  (part).)
  21-23        Sec. 2156.008.  REJECTION OF BIDS.  (a)  The commission shall
  21-24  reject a bid in which there is a material failure to comply with
  21-25  specification requirements.
  21-26        (b)  The commission may reject all bids or parts of bids if
  21-27  the rejection serves the state's interest.  (V.A.C.S. Art. 601b,
  21-28  Sec. 3.11(f) (part).)
  21-29        Sec. 2156.009.  REASONS FOR AWARD.  On award of a contract,
  21-30  the division of the commission responsible for purchasing  shall
  21-31  prepare and file with other records relating to the transaction a
  21-32  statement of the reasons for making the award to the successful
  21-33  bidder and the factors considered in determining the lowest and
  21-34  best bid.  (V.A.C.S. Art. 601b, Sec. 3.11(g).)
  21-35        Sec. 2156.010.  TIE BIDS.  In the case of tie bids, quality
  21-36  and service being equal, a contract shall be awarded under
  21-37  commission rules.  (V.A.C.S. Art. 601b, Sec. 3.11(h).)
  21-38        Sec. 2156.011.  PERFORMANCE BOND.  (a)  The commission may
  21-39  require a performance bond before executing a contract.
  21-40        (b)  The commission may require the bond in an amount that
  21-41  the commission finds reasonable and necessary to protect the
  21-42  state's interests.
  21-43        (c)  Any bond required shall be issued on the condition that
  21-44  the bidder faithfully execute the terms of the contract.
  21-45        (d)  Any bond required shall be filed with the commission.
  21-46        (e)  Recoveries under the bond may continue until the bond is
  21-47  exhausted.  (V.A.C.S. Art. 601b, Sec. 3.11(i).)
  21-48          (Sections 2156.012-2156.060 reserved for expansion)
  21-49             SUBCHAPTER B.  OPEN MARKET PURCHASE PROCEDURE
  21-50        Sec. 2156.061.  USE OF OPEN MARKET PURCHASE PROCEDURE
  21-51  AUTHORIZED; USE OF PROCEDURE.  On a commission determination that a
  21-52  purchase of goods or services may be made most effectively in the
  21-53  open market, the commission may use the open market purchase
  21-54  procedure and the purchase may be made without newspaper
  21-55  advertising.  (V.A.C.S. Art. 601b, Secs. 3.10(a) (part), 3.12(a).)
  21-56        Sec. 2156.062.  MINIMUM NUMBER AND EVALUATION OF BIDS.  An
  21-57  open market purchase shall, to the extent possible, be:
  21-58              (1)  based on at least three competitive bids; and
  21-59              (2)  awarded to the lowest and best bidder in
  21-60  accordance with standards set forth in Chapters 2155-2158.
  21-61  (V.A.C.S. Art. 601b, Sec. 3.12(b).)
  21-62        Sec. 2156.063.  SOLICITATION OF BIDS.  The commission shall
  21-63  solicit bids under this subchapter by direct mail, telephone, or
  21-64  telegraph.  (V.A.C.S. Art. 601b, Sec. 3.12(c).)
  21-65        Sec. 2156.064.  RECORDING AND INSPECTION OF BIDS.  (a)  The
  21-66  commission shall keep a record of all open market orders and bids
  21-67  submitted on the orders.
  21-68        (b)  A tabulation of the bids shall be open for public
  21-69  inspection, under rules established by the commission.
  21-70        (c)  A tabulation of the bids shall always be open for
   22-1  inspection by the state auditor or the auditor's representative.
   22-2  (V.A.C.S. Art. 601b, Sec. 3.12(d).)
   22-3        Sec. 2156.065.  AGENCY REVIEW OF BIDS.  (a)  On the request
   22-4  of a state agency to review the bids on a purchase, the commission
   22-5  shall send or make available to the requesting agency copies of
   22-6  each bid received and the commission's recommended award.
   22-7        (b)  If, after review of the bids and evaluation of the
   22-8  quality of goods or services offered in the bids, the state agency
   22-9  determines that the bid selected by the commission is not the
  22-10  lowest and best bid, the agency may file with the commission a
  22-11  written recommendation that the award be made to the bidder who,
  22-12  according to the agency's determination,  made the lowest and best
  22-13  bid.  The agency recommendation must include a justification of the
  22-14  agency's determination.
  22-15        (c)  The commission shall consider, but is not bound by, the
  22-16  agency recommendation in making the award.  (V.A.C.S. Art. 601b,
  22-17  Sec. 3.12(e).)
  22-18        Sec. 2156.066.  STATEMENT OF REASONS FOR AWARD.  The division
  22-19  of the commission responsible for purchasing shall prepare and file
  22-20  with other records relating to a transaction under this subchapter
  22-21  a statement of the reasons for placing an order with a successful
  22-22  bidder for the transaction and the factors considered in
  22-23  determining the lowest and best bid for the transaction.  (V.A.C.S.
  22-24  Art. 601b, Sec. 3.12(f).)
  22-25          (Sections 2156.067-2156.120 reserved for expansion)
  22-26            SUBCHAPTER C.  COMPETITIVE SEALED PROPOSALS FOR
  22-27               ACQUISITION OF CERTAIN GOODS AND SERVICES
  22-28        Sec. 2156.121.  ELIGIBLE ACQUISITIONS.  The commission may
  22-29  follow a procedure using competitive sealed proposals to acquire:
  22-30              (1)  goods having an acquisition cost of $1 million or
  22-31  more; or
  22-32              (2)  routine services having an acquisition cost of
  22-33  $100,000 or more.  (V.A.C.S. Art. 601b, Sec. 3.0221(a).)
  22-34        Sec. 2156.122.  PURCHASE AUTHORITY LIMITED TO COMMISSION.
  22-35  Only the commission may use competitive sealed proposals under this
  22-36  subchapter to acquire goods or services.  The commission may not
  22-37  delegate this authority to a state agency.  (V.A.C.S. Art. 601b,
  22-38  Sec. 3.0221(b).)
  22-39        Sec. 2156.123.  DETERMINATION REGARDING COMPETITIVE BIDDING.
  22-40  To acquire goods or services under this subchapter, the commission
  22-41  must first determine in an open meeting that competitive sealed
  22-42  bidding and informal competitive bidding are not practical or are
  22-43  disadvantageous to the state.  (V.A.C.S. Art. 601b, Sec.
  22-44  3.0221(c).)
  22-45        Sec. 2156.124.  SOLICITATION OF PROPOSALS.  The commission
  22-46  shall:
  22-47              (1)  solicit proposals under this subchapter by a
  22-48  request for proposals; and
  22-49              (2)  give public notice of a request for proposals in
  22-50  the manner provided for requests for bids under Subchapter B.
  22-51  (V.A.C.S. Art. 601b, Sec. 3.0221(d).)
  22-52        Sec. 2156.125.  DEVELOPMENT OF SPECIFICATIONS.  The
  22-53  commission shall consult with the appropriate personnel of a
  22-54  requisitioning agency to develop the specifications for a request
  22-55  for proposals under this subchapter.  (V.A.C.S. Art. 601b, Sec.
  22-56  3.0221(e).)
  22-57        Sec. 2156.126.  OPENING AND FILING OF PROPOSALS; PUBLIC
  22-58  INSPECTION.  (a)  The commission shall avoid disclosing the
  22-59  contents of each proposal on opening the proposal and during
  22-60  negotiations with competing offerors.
  22-61        (b)  The commission shall file each proposal in a register of
  22-62  proposals, which, after a contract is awarded,  is open for public
  22-63  inspection unless the register contains information that is
  22-64  excepted from disclosure as an open record under Subchapter C,
  22-65  Chapter 552.  (V.A.C.S. Art. 601b, Sec. 3.0221(f).)
  22-66        Sec. 2156.127.  DISCUSSION AND REVISION OF PROPOSALS.
  22-67  (a)  As provided in a request for proposals and under rules adopted
  22-68  by the commission, the commission may discuss acceptable or
  22-69  potentially acceptable proposals with offerors to assess an
  22-70  offeror's ability to meet the solicitation requirements and shall
   23-1  invite a requisitioning agency to participate in discussions
   23-2  conducted under this section.
   23-3        (b)  After receiving a proposal but before making an award,
   23-4  the commission may permit the offeror to revise the proposal to
   23-5  obtain the best final offer.
   23-6        (c)  The commission may not disclose information derived from
   23-7  proposals submitted from competing offerors in conducting
   23-8  discussions under this section.
   23-9        (d)  The commission shall provide each offeror an equal
  23-10  opportunity to discuss and revise proposals.  (V.A.C.S. Art. 601b,
  23-11  Secs. 3.0221(g), (h).)
  23-12        Sec. 2156.128.  CONTRACT AWARD.  (a)  The commission shall
  23-13  make a written award of a contract to the offeror whose proposal is
  23-14  the most advantageous to the state, considering price and the
  23-15  evaluation factors in the request for proposals.
  23-16        (b)  The commission shall refuse all offers if none of the
  23-17  offers submitted is acceptable.
  23-18        (c)  The commission shall state in writing in the contract
  23-19  file the reasons for making an award.  (V.A.C.S. Art. 601b, Sec.
  23-20  3.0221(i).)
  23-21        Sec. 2156.129.  ADOPTION OF RULES; STATE AGENCY ASSISTANCE.
  23-22  The commission may adopt rules and request assistance from other
  23-23  state agencies to perform its responsibilities under this
  23-24  subchapter.  (V.A.C.S. Art. 601b, Sec. 3.0221(j).)
  23-25        Sec. 2156.130.  COMPETITIVE SEALED PROPOSALS FOR
  23-26  TELECOMMUNICATIONS AND AUTOMATED INFORMATION SYSTEMS NOT AFFECTED.
  23-27  This subchapter does not affect Subchapter C, Chapter 2157.
  23-28  (V.A.C.S. Art. 601b, Sec. 3.0221(k).)
  23-29           CHAPTER 2157.  PURCHASING:  PURCHASE OF AUTOMATED
  23-30                          INFORMATION SYSTEMS
  23-31                   SUBCHAPTER A.  GENERAL PROVISIONS
  23-32  Sec. 2157.001.  DEFINITIONS
  23-33  Sec. 2157.002.  APPLICABILITY
  23-34  Sec. 2157.003.  DETERMINING BEST VALUE
  23-35  Sec. 2157.004.  TRANSFERS AND LOANS
  23-36          (Sections 2157.005-2157.060 reserved for expansion)
  23-37               SUBCHAPTER B.  CATALOGUE PURCHASE METHOD
  23-38  Sec. 2157.061.  USE OF CATALOGUE PURCHASE METHOD REQUIRED
  23-39                    UNLESS BEST VALUE AVAILABLE
  23-40                    ELSEWHERE
  23-41  Sec. 2157.062.  APPLICATION PROCESS FOR QUALIFICATION AS
  23-42                    VENDOR
  23-43  Sec. 2157.063.  DIRECT PURCHASE OR LEASE BY STATE AGENCY;
  23-44                    NEGOTIATION OF ADDITIONAL TERMS
  23-45  Sec. 2157.064.  REGIONAL AND STATEWIDE QUALIFICATION OF
  23-46                    VENDORS
  23-47  Sec. 2157.065.  STANDARDS AND CRITERIA FOR QUALIFICATION
  23-48                    OF VENDORS
  23-49  Sec. 2157.066.  CATALOGUE REQUIREMENTS
  23-50  Sec. 2157.067.  CATALOGUE PURCHASING AVAILABLE TO CERTAIN
  23-51                    LOCAL GOVERNMENTS
  23-52          (Sections 2157.068-2157.120 reserved for expansion)
  23-53         SUBCHAPTER C.  REQUESTS FOR PROPOSALS PURCHASE METHOD
  23-54  Sec. 2157.121.  ACQUISITION THROUGH COMPETITIVE SEALED
  23-55                    PROPOSALS
  23-56  Sec. 2157.122.  SOLICITATION OF PROPOSALS; PUBLIC
  23-57                    NOTICE
  23-58  Sec. 2157.123.  OPENING AND FILING PROPOSALS; PUBLIC
  23-59                    INSPECTION
  23-60  Sec. 2157.124.  DISCUSSION AND REVISION OF PROPOSAL
  23-61  Sec. 2157.125.  CONTRACT AWARD; FACTORS CONSIDERED
  23-62  Sec. 2157.126.  RULES
  23-63          (Sections 2157.127-2157.180 reserved for expansion)
  23-64       SUBCHAPTER D.  PREAPPROVED CONTRACT TERMS AND CONDITIONS
  23-65  Sec. 2157.181.  PREAPPROVED CONTRACT TERMS AND
  23-66                    CONDITIONS
  23-67  Sec. 2157.182.  VALIDITY OF PREAPPROVED TERMS AND
  23-68                    CONDITIONS; RENEGOTIATION
  23-69  Sec. 2157.183.  PREAPPROVED TERM OR CONDITION PART OF
  23-70                    CONTRACT; CHANGE OF TERM OR
   24-1                    CONDITION
   24-2  Sec. 2157.184.  NOTIFICATION OF STATE AGENCIES AND
   24-3                    VENDORS
   24-4           CHAPTER 2157.  PURCHASING:  PURCHASE OF AUTOMATED
   24-5                          INFORMATION SYSTEMS
   24-6                   SUBCHAPTER A.  GENERAL PROVISIONS
   24-7        Sec. 2157.001.  DEFINITIONS.  In this chapter:
   24-8              (1)  "Automated information system" includes:
   24-9                    (A)  the computers on which the information
  24-10  system is automated;
  24-11                    (B)  a service related to the automation of the
  24-12  system, including computer software, or the computers; and
  24-13                    (C)  a telecommunications apparatus or device
  24-14  that serves as a component of a voice, data, or video
  24-15  communications network for transmitting, switching, routing,
  24-16  multiplexing, modulating, amplifying, or receiving signals on the
  24-17  network.
  24-18              (2)  "Qualified information systems vendor" means a
  24-19  manufacturer or reseller of an automated information system who is
  24-20  authorized by the commission to publish a catalogue of products and
  24-21  services that may be directly purchased by a state agency.
  24-22  (V.A.C.S. Art. 601b, Secs. 1.02(4), (6).)
  24-23        Sec. 2157.002.  APPLICABILITY.  Subchapters A, B, and D apply
  24-24  only to a state agency to which Chapter 2054 applies.  (New.)
  24-25        Sec. 2157.003.  DETERMINING BEST VALUE.  "Best value" means
  24-26  the lowest overall cost of an automated information system.  In
  24-27  determining the lowest overall cost for a purchase or lease of an
  24-28  automated information system under this chapter, the commission or
  24-29  a state agency shall consider factors including:
  24-30              (1)  the purchase price;
  24-31              (2)  the compatibility to facilitate the exchange of
  24-32  existing data;
  24-33              (3)  the capacity for expanding and upgrading to more
  24-34  advanced levels of technology;
  24-35              (4)  quantitative reliability factors;
  24-36              (5)  the level of training required to bring persons
  24-37  using the system to a stated level of proficiency;
  24-38              (6)  the technical support requirements for the
  24-39  maintenance of data across a network platform and the management of
  24-40  the network's hardware and software; and
  24-41              (7)  the compliance with applicable Department of
  24-42  Information Resources statewide standards validated by criteria
  24-43  adopted by the department by rule.  (V.A.C.S. Art. 601b, Sec.
  24-44  1.02(5).)
  24-45        Sec. 2157.004.  TRANSFERS AND LOANS.  A state agency that
  24-46  acquires a telecommunications device, system, or service or an
  24-47  automated information system by interagency transfer, contract, or
  24-48  loan, or by public loan, shall comply with the requirements of
  24-49  Chapter 2054.  (V.A.C.S. Art. 601b, Sec. 3.023.)
  24-50          (Sections 2157.005-2157.060 reserved for expansion)
  24-51               SUBCHAPTER B.  CATALOGUE PURCHASE METHOD
  24-52        Sec. 2157.061.  USE OF CATALOGUE PURCHASE METHOD REQUIRED
  24-53  UNLESS BEST VALUE AVAILABLE ELSEWHERE.  The commission or a state
  24-54  agency shall purchase an automated information system through the
  24-55  catalogue procedure provided by this subchapter unless the
  24-56  commission or state agency determines that the best value may be
  24-57  obtained  from another purchase method authorized by this subtitle.
  24-58  (V.A.C.S. Art. 601b, Sec. 3.081(f).)
  24-59        Sec. 2157.062.  APPLICATION PROCESS FOR QUALIFICATION AS
  24-60  VENDOR.  (a)  To sell or lease an automated information system
  24-61  under this subchapter to a state agency, a vendor must apply to the
  24-62  commission for designation as a qualified information systems
  24-63  vendor.  The commission shall prescribe the application process.
  24-64        (b)  At a minimum, the commission shall require an applicant
  24-65  to submit:
  24-66              (1)  a catalogue containing each product and service
  24-67  eligible for purchase by a state agency, including for each product
  24-68  or service:
  24-69                    (A)  a description;
  24-70                    (B)  the list price; and
   25-1                    (C)  the price to a state agency;
   25-2              (2)  a maintenance, repair, and support plan for each
   25-3  eligible product or service;
   25-4              (3)  proof of the applicant's financial resources and
   25-5  ability to perform; and
   25-6              (4)  a guarantee that the vendor will make available
   25-7  equivalent replacement parts for a product sold to the state until
   25-8  at least the third anniversary of the date the product is
   25-9  discontinued.  (V.A.C.S. Art. 601b, Sec. 3.081(a).)
  25-10        Sec. 2157.063.  DIRECT PURCHASE OR LEASE BY STATE AGENCY;
  25-11  NEGOTIATION OF ADDITIONAL TERMS.  (a)  If a purchase or lease is
  25-12  the best value available and is in the state's best interest, a
  25-13  state agency may under this subchapter purchase or lease an
  25-14  automated information system directly from a qualified information
  25-15  systems vendor and may negotiate additional terms and conditions to
  25-16  be included in a contract relating to the purchase or lease.
  25-17        (b)  In determining which goods or services are in the
  25-18  state's best interest, the agency shall consider:
  25-19              (1)  the installation and hardware costs;
  25-20              (2)  the overall life-cycle cost of the system or
  25-21  equipment;
  25-22              (3)  the estimated cost of employee training and
  25-23  estimated increase in employee productivity;
  25-24              (4)  the estimated software and maintenance costs; and
  25-25              (5)  the rules that prescribe applicable statewide
  25-26  standards adopted by the Department of Information Resources.
  25-27  (V.A.C.S.  Art. 601b, Sec. 3.081(d).)
  25-28        Sec. 2157.064.  REGIONAL AND STATEWIDE QUALIFICATION OF
  25-29  VENDORS.  (a)  The commission shall establish standards and
  25-30  criteria for determining regional and statewide qualification of
  25-31  vendors under this subchapter.
  25-32        (b)  On qualification by the commission, a vendor remains
  25-33  qualified under this subchapter unless the commission determines
  25-34  that the vendor does not meet the standards and criteria provided
  25-35  by this subchapter.
  25-36        (c)  An applicant designated by the commission as a regional
  25-37  qualified information systems vendor may sell a product or service
  25-38  listed by the vendor's catalogue directly to a state agency within
  25-39  a region defined by the commission.
  25-40        (d)  An applicant designated by the commission as a statewide
  25-41  qualified information systems vendor may sell a product or service
  25-42  listed by the vendor's catalogue directly to a state agency.
  25-43  (V.A.C.S. Art. 601b, Sec. 3.081(b) (part), as added Chs. 684, 906,
  25-44  Acts 73rd Leg., R.S., 1993.)
  25-45        Sec. 2157.065.  STANDARDS AND CRITERIA FOR QUALIFICATION OF
  25-46  VENDORS.  In establishing standards and criteria for qualification
  25-47  of vendors under this subchapter, the commission shall consider:
  25-48              (1)  a vendor's ability to provide adequate and
  25-49  reliable support and maintenance;
  25-50              (2)  a vendor's ability to provide adequate and
  25-51  reliable support and maintenance in the future;
  25-52              (3)  the technical adequacy and reliability of a
  25-53  vendor's products; and
  25-54              (4)  standards adopted by the Department of Information
  25-55  Resources.  (V.A.C.S. Art. 601b, Sec. 3.081(b) (part), as added
  25-56  Chs. 684, 906, Acts 73rd Leg., R.S., 1993.)
  25-57        Sec. 2157.066.  CATALOGUE REQUIREMENTS.  (a)  A vendor
  25-58  designated by the commission as a qualified information systems
  25-59  vendor shall publish and maintain a catalogue described by Section
  25-60  2157.062(b)(1).
  25-61        (b)  The vendor shall revise the catalogue as necessary to
  25-62  include price changes or the availability of goods or services and
  25-63  shall forward to the commission and all eligible purchasers a copy
  25-64  of each revised catalogue.  (V.A.C.S. Art. 601b, Sec. 3.081(c).)
  25-65        Sec. 2157.067.  CATALOGUE PURCHASING AVAILABLE TO CERTAIN
  25-66  LOCAL GOVERNMENTS.  (a)  The commission shall make the catalogue
  25-67  purchasing procedure available to a local government that qualifies
  25-68  for cooperative purchasing under Sections 271.082 and 271.083,
  25-69  Local Government Code.
  25-70        (b)  In this section, "local government" has the meaning
   26-1  assigned by Section 271.081, Local Government Code.  (V.A.C.S.
   26-2  Art. 601b, Sec. 3.081(g).)
   26-3          (Sections 2157.068-2157.120 reserved for expansion)
   26-4         SUBCHAPTER C.  REQUESTS FOR PROPOSALS PURCHASE METHOD
   26-5        Sec. 2157.121.  ACQUISITION THROUGH COMPETITIVE SEALED
   26-6  PROPOSALS.  The commission may acquire a telecommunications device,
   26-7  system, or service or an automated information system by using
   26-8  competitive sealed proposals if the commission determines by rule
   26-9  that competitive sealed bidding and informal competitive bidding
  26-10  are not practical or are disadvantageous to the state.  (V.A.C.S.
  26-11  Art. 601b, Sec. 3.022(a) (part).)
  26-12        Sec. 2157.122.  SOLICITATION OF PROPOSALS; PUBLIC NOTICE.
  26-13  The commission shall:
  26-14              (1)  solicit proposals under this subchapter by a
  26-15  request for proposals; and
  26-16              (2)  give public notice of the request in the manner
  26-17  provided for requests for bids under Subchapter B, Chapter 2156.
  26-18  (V.A.C.S. Art. 601b, Sec. 3.022(b).)
  26-19        Sec. 2157.123.  OPENING AND FILING PROPOSALS; PUBLIC
  26-20  INSPECTION.  (a)  The commission shall avoid disclosing the
  26-21  contents of each proposal on opening the proposal and during
  26-22  negotiations with competing offerors.
  26-23        (b)  The commission shall file each proposal in a register of
  26-24  proposals, which, after a contract is awarded, is open for public
  26-25  inspection unless the register contains information that is
  26-26  excepted from disclosure as an open record under Subchapter C,
  26-27  Chapter 552.  (V.A.C.S. Art. 601b, Sec. 3.022(c).)
  26-28        Sec. 2157.124.  DISCUSSION AND REVISION OF PROPOSAL.  (a)  As
  26-29  provided by a request for proposals and under commission rules, the
  26-30  commission may discuss an acceptable or potentially acceptable
  26-31  proposal with an offeror to assess the offeror's ability to meet
  26-32  the solicitation requirements and shall invite a requisitioning
  26-33  agency to participate in discussions conducted under this section.
  26-34        (b)  After receiving a proposal but before making an award,
  26-35  the commission may permit an offeror to revise a proposal to obtain
  26-36  the best final offer.
  26-37        (c)  The commission may not disclose information derived from
  26-38  a proposal submitted by a competing offeror in conducting
  26-39  discussions under this section.
  26-40        (d)  The commission shall provide each offeror an equal
  26-41  opportunity to discuss and revise proposals.  (V.A.C.S. Art. 601b,
  26-42  Secs. 3.022(d), (e).)
  26-43        Sec. 2157.125.  CONTRACT AWARD; FACTORS CONSIDERED.  (a)  The
  26-44  commission shall make a written award of a purchase or lease to the
  26-45  offeror whose proposal under this subchapter is the most
  26-46  advantageous to the state, considering price and the evaluation
  26-47  factors in the request for proposals.
  26-48        (b)  The commission shall refuse all offers if no offer
  26-49  submitted is acceptable.
  26-50        (c)  In determining whether a proposal under this subchapter
  26-51  is most advantageous to the state, the commission shall consider
  26-52  factors including:
  26-53              (1)  the installation cost;
  26-54              (2)  the overall life of the system or equipment;
  26-55              (3)  the cost of acquisition, operation, and
  26-56  maintenance of hardware included with, associated with, or required
  26-57  for the system or equipment during the state's ownership or lease;
  26-58              (4)  the cost of acquisition, operation, and
  26-59  maintenance of software included with, associated with, or required
  26-60  for the system or equipment during the state's ownership or lease;
  26-61              (5)  the estimated cost of supplies;
  26-62              (6)  the estimated cost of employee training;
  26-63              (7)  the estimated cost of necessary additional
  26-64  permanent employees; and
  26-65              (8)  the estimated increase in employee productivity.
  26-66        (d)  The commission shall state in writing in the contract
  26-67  file  the reasons for making an award.  (V.A.C.S. Art. 601b, Sec.
  26-68  3.022(f).)
  26-69        Sec. 2157.126.  RULES.  The commission shall adopt rules
  26-70  necessary or convenient to perform its responsibilities regarding
   27-1  requests for proposals under this subchapter and shall request
   27-2  assistance from other state agencies as needed.  (V.A.C.S.
   27-3  Art. 601b, Sec. 3.022(g).)
   27-4          (Sections 2157.127-2157.180 reserved for expansion)
   27-5       SUBCHAPTER D.  PREAPPROVED CONTRACT TERMS AND CONDITIONS
   27-6        Sec. 2157.181.  PREAPPROVED CONTRACT TERMS AND CONDITIONS.
   27-7  (a)  The commission, with the concurrence of the Department of
   27-8  Information Resources, may negotiate with vendors preapproved terms
   27-9  and conditions to be included in contracts relating to the purchase
  27-10  or lease of a telecommunication device, system, or service, or an
  27-11  automated information system awarded to a vendor by a state agency.
  27-12        (b)  The commission and the department must agree to the
  27-13  wording of preapproved terms and conditions negotiated with a
  27-14  vendor.  (V.A.C.S. Art. 601b, Sec. 3.024(a).)
  27-15        Sec. 2157.182.  VALIDITY OF PREAPPROVED TERMS AND CONDITIONS;
  27-16  RENEGOTIATION.  (a)  Preapproved terms and conditions to which a
  27-17  vendor, the commission, and the Department of Information Resources
  27-18  agree are valid for two years after the date of the agreement and
  27-19  must provide that the terms and conditions are to be renegotiated
  27-20  before the end of the two years.
  27-21        (b)  The commission and the Department of Information
  27-22  Resources jointly shall establish procedures to ensure that terms
  27-23  and conditions are renegotiated before they expire in a contract
  27-24  between the vendor and a state agency.  (V.A.C.S. Art. 601b, Sec.
  27-25  3.024(b).)
  27-26        Sec. 2157.183.  PREAPPROVED TERM OR CONDITION PART OF
  27-27  CONTRACT; CHANGE OF TERM OR CONDITION.  (a)  Preapproved terms and
  27-28  conditions must be part of any contract between a state agency and
  27-29  a vendor that has agreed to them.
  27-30        (b)  A preapproved term or condition that is changed remains
  27-31  valid for an existing contract of which it is part but must be
  27-32  renegotiated before it may be part of another or a renewed
  27-33  contract.  (V.A.C.S. Art. 601b, Sec. 3.024(c).)
  27-34        Sec. 2157.184.  NOTIFICATION OF STATE AGENCIES AND VENDORS.
  27-35  The commission and the Department of Information Resources jointly
  27-36  shall establish procedures to notify state agencies and potential
  27-37  vendors of the provisions of this subchapter regarding preapproved
  27-38  terms and conditions.  (V.A.C.S. Art. 601b, Sec. 3.024(d).)
  27-39       CHAPTER 2158.  PURCHASING:  MISCELLANEOUS PROVISIONS FOR
  27-40                PURCHASE OF CERTAIN GOODS AND SERVICES
  27-41             SUBCHAPTER A.  PURCHASE OF PASSENGER VEHICLES
  27-42  Sec. 2158.001.  WHEELBASE AND HORSEPOWER RESTRICTIONS
  27-43  Sec. 2158.002.  VEHICLES USING ALTERNATIVE FUELS
  27-44  Sec. 2158.003.  PERCENTAGE REQUIREMENTS FOR VEHICLES
  27-45                    CAPABLE OF USING ALTERNATIVE FUELS;
  27-46                    PROGRAM REVIEW
  27-47  Sec. 2158.004.  DETERMINATION OF ALTERNATIVE FUELS
  27-48                    PROGRAM PARAMETERS
  27-49  Sec. 2158.005.  COMPLIANCE WITH APPLICABLE SAFETY
  27-50                    STANDARDS
  27-51  Sec. 2158.006.  WHEN VEHICLE CONSIDERED CAPABLE OF USING
  27-52                    ALTERNATIVE FUELS
  27-53          (Sections 2158.007-2158.060 reserved for expansion)
  27-54               SUBCHAPTER B.  CONTRACT FOR PRINTING LAWS
  27-55  Sec. 2158.061.  AWARD OF CONTRACT FOR PRINTING LAWS
  27-56  Sec. 2158.062.  CONTRACT FOR PRINTING LAWS:  TERMS AND
  27-57                    CONDITIONS
  27-58  Sec. 2158.063.  CONTRACT FOR PRINTING LAWS:  PROOFREADING;
  27-59                    ERRORS AND OMISSIONS
  27-60  Sec. 2158.064.  CONTRACT FOR PRINTING LAWS:  DIRECTION
  27-61                    OF SECRETARY OF STATE; DELIVERY OF
  27-62                    COPY
  27-63  Sec. 2158.065.  DISTRIBUTION OF PRINTED LAWS
  27-64          (Sections 2158.066-2158.120 reserved for expansion)
  27-65         SUBCHAPTER C.  OTHER CONTRACTS FOR PRINTING SERVICES
  27-66  Sec. 2158.121.  PROHIBITION APPLICABLE TO OTHER PRINTING
  27-67                    CONTRACTS;  OFFENSE; PENALTY
  27-68  Sec. 2158.122.  EXCEPTION TO PROHIBITION
  27-69  Sec. 2158.123.  STATE PRINTING CONTRACTS
  27-70          (Sections 2158.124-2158.180 reserved for expansion)
   28-1              SUBCHAPTER D.  PURCHASE OF ELECTRICAL ITEMS
   28-2  Sec. 2158.181.  SAFETY STANDARDS FOR ELECTRICAL ITEMS
   28-3          (Sections 2158.182-2158.240 reserved for expansion)
   28-4                   SUBCHAPTER E.  RECYCLED PRODUCTS
   28-5  Sec. 2158.241.  INTERSTATE COMPACTS AND COOPERATIVE
   28-6                    AGREEMENTS FOR PROCURING RECYCLED
   28-7                    PRODUCTS
   28-8               CHAPTER 2158.  PURCHASING:  MISCELLANEOUS
   28-9         PROVISIONS FOR PURCHASE OF CERTAIN GOODS AND SERVICES
  28-10             SUBCHAPTER A.  PURCHASE OF PASSENGER VEHICLES
  28-11        Sec. 2158.001.  WHEELBASE AND HORSEPOWER RESTRICTIONS.
  28-12  (a)  A state agency may not purchase or lease a vehicle designed or
  28-13  used primarily for the transportation of individuals, including a
  28-14  station wagon, that has a wheelbase longer than 113 inches or that
  28-15  has more than 160 SAE net horsepower.  The vehicle may have a
  28-16  wheelbase of up to 116 inches or SAE net horsepower of up to 280 if
  28-17  the vehicle will be converted so that it is capable of using
  28-18  compressed natural gas or another alternative fuel that results in
  28-19  comparably lower emissions of oxides of nitrogen, volatile organic
  28-20  compounds, carbon monoxide, or particulates.  This exception to the
  28-21  wheelbase and horsepower limitations applies to a state agency
  28-22  regardless of the size of the agency's vehicle fleet.
  28-23        (b)  The wheelbase and horsepower limitations prescribed by
  28-24  Subsection (a) do not apply to the purchase or lease of:
  28-25              (1)  a vehicle to be used primarily for criminal law
  28-26  enforcement;
  28-27              (2)  a bus, motorcycle, pickup, van, truck, three-wheel
  28-28  vehicle, or tractor; or
  28-29              (3)  an ambulance.  (V.A.C.S. Art. 601b, Sec. 3.29(a),
  28-30  as amended Chs. 20, 684, Acts 73rd Leg., R.S., 1993.)
  28-31        Sec. 2158.002.  VEHICLES USING ALTERNATIVE FUELS.  (a)  A
  28-32  state agency operating a fleet of more than 15 vehicles, excluding
  28-33  law enforcement and emergency vehicles, may not purchase or lease a
  28-34  motor vehicle unless that vehicle is capable of using compressed
  28-35  natural gas or other alternative fuels that result in comparably
  28-36  lower emissions of oxides of nitrogen, volatile organic compounds,
  28-37  carbon monoxide, particulates, or a combination of those
  28-38  substances.
  28-39        (b)  A state agency may obtain equipment or refueling
  28-40  facilities necessary to operate vehicles using compressed natural
  28-41  gas or other alternative fuels:
  28-42              (1)  by purchase or lease as authorized by law;
  28-43              (2)  by gift or loan of the equipment or facilities; or
  28-44              (3)  by gift or loan of the equipment or facilities or
  28-45  by another arrangement under a service contract for the supply of
  28-46  compressed natural gas or other alternative fuels.
  28-47        (c)  If the equipment or facilities are donated, loaned, or
  28-48  provided through another arrangement with the supplier of
  28-49  compressed natural gas or other alternative fuels, the supplier is
  28-50  entitled to recoup its actual cost of donating, loaning, or
  28-51  providing the equipment or facilities through its fuel charges
  28-52  under the supply contract.
  28-53        (d)  The commission may waive the requirements of this
  28-54  section for a state agency on receipt of certification supported by
  28-55  evidence acceptable to the commission that:
  28-56              (1)  the agency's vehicles will be operating primarily
  28-57  in an area in which neither the agency nor a supplier has or can
  28-58  reasonably be expected to establish a central refueling station for
  28-59  compressed natural gas or other alternative fuels; or
  28-60              (2)  the agency is unable to obtain equipment or
  28-61  refueling facilities necessary to operate vehicles using compressed
  28-62  natural gas or other alternative fuels at a projected cost that is
  28-63  reasonably expected to be no greater than the net costs of
  28-64  continued use of traditional gasoline or diesel fuels measured over
  28-65  the expected useful life of the equipment or facilities supplied.
  28-66  (V.A.C.S. Art. 601b, Sec. 3.29(b).)
  28-67        Sec. 2158.003.  PERCENTAGE REQUIREMENTS FOR VEHICLES CAPABLE
  28-68  OF USING ALTERNATIVE FUELS; PROGRAM REVIEW.  (a)  Not later than
  28-69  September 1, 1996, a state agency that operates a fleet of more
  28-70  than 15 motor vehicles, excluding law enforcement and emergency
   29-1  vehicles, shall have a fleet consisting of vehicles of which at
   29-2  least 50 percent are capable of using compressed natural gas or
   29-3  other alternative fuels.
   29-4        (b)  The Texas Natural Resource Conservation Commission shall
   29-5  review the alternative fuel use program established by this
   29-6  subchapter by December 31, 1996.  If the Texas Natural Resource
   29-7  Conservation Commission determines that the program has been
   29-8  effective in reducing total annual emissions from motor vehicles in
   29-9  the area, then after August 31, 1998, a state agency operating a
  29-10  fleet of more than 15 motor vehicles shall have a fleet consisting
  29-11  of vehicles of which at least 90 percent are capable of using
  29-12  compressed natural gas or other alternative fuels.
  29-13        (c)  The commission shall support the Texas Natural Resource
  29-14  Conservation Commission in collecting reasonable information needed
  29-15  to determine the air quality benefits from use of alternative fuels
  29-16  at affected agencies.
  29-17        (d)  A state agency in its annual financial report to the
  29-18  legislature shall report its progress in achieving the percentage
  29-19  requirements of this section by itemizing:
  29-20              (1)  purchases, leases, and conversions of motor
  29-21  vehicles; and
  29-22              (2)  usage of compressed natural gas or other
  29-23  alternative fuels.
  29-24        (e)  A state agency may meet the percentage requirements of
  29-25  this section through purchase of new vehicles or the conversion of
  29-26  existing vehicles, in accordance with federal and state
  29-27  requirements and applicable safety laws, to use the alternative
  29-28  fuels.
  29-29        (f)  The commission may reduce a percentage specified by this
  29-30  section or waive the requirements of this section for a state
  29-31  agency on receipt of certification supported by evidence acceptable
  29-32  to the commission that:
  29-33              (1)  the agency's vehicles will be operating primarily
  29-34  in an area in which neither the agency nor a supplier has or can
  29-35  reasonably be expected to establish a central refueling station for
  29-36  compressed natural gas or other alternative fuels; or
  29-37              (2)  the agency is unable to obtain equipment or
  29-38  refueling facilities necessary to operate vehicles using compressed
  29-39  natural gas or other alternative fuels at a projected cost that is
  29-40  reasonably expected to be no greater than the net costs of
  29-41  continued use of traditional gasoline or diesel fuels measured over
  29-42  the expected useful life of the equipment or facilities supplied.
  29-43  (V.A.C.S. Art. 601b, Secs. 3.29(c), (d) (part), (e).)
  29-44        Sec. 2158.004.  DETERMINATION OF ALTERNATIVE FUELS PROGRAM
  29-45  PARAMETERS.  In developing the compressed natural gas or other
  29-46  alternative fuel use program, the commission should work with state
  29-47  agency fleet operators, vehicle manufacturers and converters, fuel
  29-48  distributors, and others to determine the vehicles to be covered,
  29-49  taking into consideration:
  29-50              (1)  range;
  29-51              (2)  specialty uses;
  29-52              (3)  fuel availability;
  29-53              (4)  vehicle manufacturing and conversion capability;
  29-54              (5)  safety;
  29-55              (6)  resale values; and
  29-56              (7)  other relevant factors.  (V.A.C.S. Art. 601b, Sec.
  29-57  3.29(d) (part).)
  29-58        Sec. 2158.005.  COMPLIANCE WITH APPLICABLE SAFETY STANDARDS.
  29-59  In purchasing, leasing, maintaining, or converting vehicles for use
  29-60  with compressed natural gas or other alternative fuels, the
  29-61  commission shall comply with all applicable safety standards
  29-62  adopted by the United States Department of Transportation and the
  29-63  Railroad Commission of Texas.  (V.A.C.S. Art. 601b, Sec. 3.29(f).)
  29-64        Sec. 2158.006.  WHEN VEHICLE CONSIDERED CAPABLE OF USING
  29-65  ALTERNATIVE FUELS.  In this subchapter, a vehicle is considered to
  29-66  be capable of using compressed natural gas or other alternative
  29-67  fuels if the vehicle is capable of using those fuels either in its
  29-68  original equipment engine or in an engine that has been converted
  29-69  to use those fuels.  (V.A.C.S. Art. 601b, Sec. 3.29(g) (part).)
  29-70          (Sections 2158.007-2158.060 reserved for expansion)
   30-1               SUBCHAPTER B.  CONTRACT FOR PRINTING LAWS
   30-2        Sec. 2158.061.  AWARD OF CONTRACT FOR PRINTING LAWS.
   30-3  (a)  The commission shall, at the beginning of each regular session
   30-4  of the legislature, award a contract for printing the general and
   30-5  special laws and resolutions passed by a regular or special session
   30-6  of that legislature.
   30-7        (b)  The commission shall prepare the contract as a separate
   30-8  contract from all other public printing contracts.  (V.A.C.S.
   30-9  Art. 601b, Sec. 3.25(a) (part).)
  30-10        Sec. 2158.062.  CONTRACT FOR PRINTING LAWS:  TERMS AND
  30-11  CONDITIONS.  (a)  The commission shall include in the contract for
  30-12  printing laws penalties that assure delivery of the printed laws by
  30-13  the time provided in the contract.
  30-14        (b)  The printer shall begin delivery of completed books in a
  30-15  reasonable time after printing is completed and binding is started.
  30-16  The commission shall state the time limit in the commission's call
  30-17  for bids.
  30-18        (c)  On the commission's order, the printer shall print
  30-19  general and special laws in separate volumes.  (V.A.C.S. Art. 601b,
  30-20  Sec. 3.25(a) (part).)
  30-21        Sec. 2158.063.  CONTRACT FOR PRINTING LAWS:  PROOFREADING;
  30-22  ERRORS AND OMISSIONS.  (a)  In the contract for printing laws, the
  30-23  commission shall require the printer to:
  30-24              (1)  proofread and correct proofs before submitting
  30-25  them to the state; and
  30-26              (2)  set out in the first volume of the general and
  30-27  special laws passed by each legislature, immediately preceding the
  30-28  laws, a section containing corrections of errors or omissions made
  30-29  in the publication of the general and special laws of preceding
  30-30  legislatures.
  30-31        (b)  The contract term required by Subsection (a)(2) may not
  30-32  require the printer to set out an error or omission in a law passed
  30-33  in a legislative session ending more than five years before the
  30-34  date of the call for bids for the contract.
  30-35        (c)  The secretary of state shall provide the printer with
  30-36  the list of errors and omissions and appropriate corrections on or
  30-37  before the date provided by Section 2158.064 for furnishing the
  30-38  printer a copy of the laws and resolutions passed at the first
  30-39  session of each legislature.
  30-40        (d)  The comptroller may not issue a warrant to the printer
  30-41  in payment for the printing of the laws and resolutions until the
  30-42  printer, if an individual, or the vice president, secretary, or
  30-43  manager if the printer is a corporation, partnership, or
  30-44  association, executes a sworn affidavit verifying compliance with
  30-45  Section 2158.062 and this section.  (V.A.C.S. Art. 601b, Sec.
  30-46  3.25(b).)
  30-47        Sec. 2158.064.  CONTRACT FOR PRINTING LAWS:  DIRECTION OF
  30-48  SECRETARY OF STATE; DELIVERY OF COPY.  (a)  The secretary of state
  30-49  shall direct the compilation and printing of laws and resolutions.
  30-50        (b)  Not later than the 26th day, excluding Sundays, after
  30-51  the date the legislature adjourns, the secretary of state shall
  30-52  furnish the printer all copy for the laws and resolutions, with
  30-53  delivery of the first copy to the printer beginning as bills are
  30-54  signed by the governor.
  30-55        (c)  The secretary of state shall deliver copy for the index
  30-56  to the printer not later than the fifth day after the date the
  30-57  printer has furnished all page proofs of the laws to the secretary
  30-58  of state.  (V.A.C.S. Art. 601b, Sec. 3.25(c).)
  30-59        Sec. 2158.065.  DISTRIBUTION OF PRINTED LAWS.  The secretary
  30-60  of state shall distribute the printed laws of each session of the
  30-61  legislature as follows:
  30-62              (1)  one copy each to:
  30-63                    (A)  the governor;
  30-64                    (B)  the lieutenant governor;
  30-65                    (C)  the speaker of the house of representatives;
  30-66                    (D)  each court of appeals; and
  30-67                    (E)  each county law library;
  30-68              (2)  10 copies to the Texas Legislative Council;
  30-69              (3)  15 copies to the Legislative Reference Library;
  30-70              (4)  30 copies to the State Law Library; and
   31-1              (5)  60 copies to the Texas State Library.  (V.A.C.S.
   31-2  Art. 601b, Sec. 3.25(d).)
   31-3          (Sections 2158.066-2158.120 reserved for expansion)
   31-4         SUBCHAPTER C.  OTHER CONTRACTS FOR PRINTING SERVICES
   31-5        Sec. 2158.121.  PROHIBITION APPLICABLE TO OTHER PRINTING
   31-6  CONTRACTS; OFFENSE; PENALTY.  (a)  Except as otherwise provided by
   31-7  a contract or agreement with the state authorized by this
   31-8  subchapter, a person doing printing under contract for the state
   31-9  commits an offense if the person reproduces, prints, prepares,
  31-10  sells, or furnishes the printing or printed matter, a reprint,
  31-11  reproduction, or copy of the printing or printed matter, or a
  31-12  plate, type, mat, cut, or engraving from which the printing
  31-13  contract was executed, in an amount other than that agreed to be
  31-14  printed and furnished to the state under the contract.
  31-15        (b)  An offense under this section is a misdemeanor
  31-16  punishable by:
  31-17              (1)  a fine of not less than $100 or more than $1,000;
  31-18  and
  31-19              (2)  confinement in jail for not more than 30 days if
  31-20  the offender is an individual.
  31-21        (c)  Conviction of an agent or employee under this section
  31-22  does not bar conviction of a principal.
  31-23        (d)  This subchapter does not apply to the printing and sale
  31-24  to the public of copies of the general and special laws by the
  31-25  printer of the laws under a contract authorized by Subchapter B.
  31-26  (V.A.C.S. Art. 601b, Secs. 3.25(e); 3.26(a), (d).)
  31-27        Sec. 2158.122.  EXCEPTION TO PROHIBITION.  (a)  On consent of
  31-28  the commission and the governor, a person may print extra copies of
  31-29  matter printed under a state contract and sell the copies at a
  31-30  price fixed by the commission if in the opinion of the commission
  31-31  and the governor the printed matter should be distributed in this
  31-32  manner for the benefit of the public.
  31-33        (b)  A contract for the printing and sale of extra copies
  31-34  under this section must be approved by the attorney general.
  31-35  (V.A.C.S. Art. 601b, Sec. 3.26(c).)
  31-36        Sec. 2158.123.  STATE PRINTING CONTRACTS.  In this chapter
  31-37  and Chapters 2155-2157, printing is considered to be performed for
  31-38  the state if the printing is done under contract for:
  31-39              (1)  the legislature, including either house of the
  31-40  legislature;
  31-41              (2)  a state department, board, or commission;
  31-42              (3)  a court;
  31-43              (4)  an officer or agent of the state; or
  31-44              (5)  the state.  (V.A.C.S. Art. 601b, Sec. 3.26(b).)
  31-45          (Sections 2158.124-2158.180 reserved for expansion)
  31-46              SUBCHAPTER D.  PURCHASE OF ELECTRICAL ITEMS
  31-47        Sec. 2158.181.  SAFETY STANDARDS FOR ELECTRICAL ITEMS.  The
  31-48  commission or another state agency may not purchase an electrical
  31-49  item unless the item meets applicable safety standards of the
  31-50  federal Occupational Safety and Health Administration.  (V.A.C.S.
  31-51  Art. 601b, Sec. 3.32.)
  31-52          (Sections 2158.182-2158.240 reserved for expansion)
  31-53                   SUBCHAPTER E.  RECYCLED PRODUCTS
  31-54        Sec. 2158.241.  INTERSTATE COMPACTS AND COOPERATIVE
  31-55  AGREEMENTS FOR PROCURING RECYCLED PRODUCTS.  The commission shall
  31-56  enter into compacts and cooperative agreements with other states
  31-57  and government entities for procuring products made of recycled
  31-58  materials.  (V.A.C.S. Art. 601b, Sec. 11.07.)
  31-59              (Chapters 2159-2160 reserved for expansion)
  31-60         CHAPTER 2161.  HISTORICALLY UNDERUTILIZED BUSINESSES
  31-61                   SUBCHAPTER A.  GENERAL PROVISIONS
  31-62  Sec. 2161.001.  DEFINITIONS
  31-63  Sec. 2161.002.  COMMISSION ADMINISTRATION; COMPTROLLER
  31-64                    ASSISTANCE
  31-65          (Sections 2161.003-2161.060 reserved for expansion)
  31-66        SUBCHAPTER B.  GENERAL POWERS AND DUTIES OF COMMISSION
  31-67  Sec. 2161.061.  CERTIFICATION OF HISTORICALLY UNDERUTILIZED
  31-68                    BUSINESSES
  31-69  Sec. 2161.062.  ASSISTANCE TO HISTORICALLY UNDERUTILIZED
  31-70                    BUSINESSES
   32-1  Sec. 2161.063.  ASSISTING STATE AGENCIES
   32-2  Sec. 2161.064.  DIRECTORY
   32-3          (Sections 2161.065-2161.120 reserved for expansion)
   32-4          SUBCHAPTER C.  PLANNING AND REPORTING REQUIREMENTS
   32-5  Sec. 2161.121.  COMMISSION REPORT OF CONTRACTS AWARDED TO
   32-6                    HISTORICALLY UNDERUTILIZED BUSINESSES
   32-7  Sec. 2161.122.  INFORMATION GATHERING BY STATE AGENCY
   32-8  Sec. 2161.123.  STRATEGIC PLANNING
   32-9  Sec. 2161.124.  STATE AGENCY PROGRESS REPORTS
  32-10  Sec. 2161.125.  CATEGORIZATION BY SEX, RACE, AND ETHNICITY
  32-11          (Sections 2161.126-2161.180 reserved for expansion)
  32-12                    SUBCHAPTER D.  PURCHASING GOALS
  32-13  Sec. 2161.181.  GOALS FOR PURCHASES OF GOODS AND SERVICES
  32-14  Sec. 2161.182.  GOALS FOR CONSTRUCTION CONTRACTS
  32-15  Sec. 2161.183.  ESTIMATE OF EXPECTED CONTRACT AWARDS
  32-16          (Sections 2161.184-2161.230 reserved for expansion)
  32-17                        SUBCHAPTER E.  PENALTY
  32-18  Sec. 2161.231.  PENALTY
  32-19         CHAPTER 2161.  HISTORICALLY UNDERUTILIZED BUSINESSES
  32-20                   SUBCHAPTER A.  GENERAL PROVISIONS
  32-21        Sec. 2161.001.  DEFINITIONS.  In this chapter:
  32-22              (1)  "Goods" means supplies, materials, or equipment.
  32-23              (2)  "Historically underutilized business" means:
  32-24                    (A)  a corporation formed for the purpose of
  32-25  making a profit in which 51 percent or more of all classes of the
  32-26  shares of stock or other equitable securities are owned by one or
  32-27  more socially disadvantaged persons who have a proportionate
  32-28  interest and actively participate in the corporation's control,
  32-29  operation, and management;
  32-30                    (B)  a sole proprietorship created for the
  32-31  purpose of making a profit that is completely owned, operated, and
  32-32  controlled by a socially disadvantaged person;
  32-33                    (C)  a partnership formed for the purpose of
  32-34  making a profit in which 51 percent or more of the assets and
  32-35  interest in the partnership are owned by one or more socially
  32-36  disadvantaged persons who have a proportionate interest and
  32-37  actively participate in the partnership's control, operation, and
  32-38  management;
  32-39                    (D)  a joint venture in which each entity in the
  32-40  venture is a historically underutilized business, as determined
  32-41  under another paragraph of this subdivision; or
  32-42                    (E)  a supplier contract between a historically
  32-43  underutilized business as determined under another paragraph of
  32-44  this subdivision and a prime contractor under which the
  32-45  historically underutilized business is directly involved in the
  32-46  manufacture or distribution of the goods or otherwise warehouses
  32-47  and ships the goods.
  32-48              (3)  "Socially disadvantaged person" means a person who
  32-49  is socially disadvantaged because of the person's identification as
  32-50  a member of a certain group, including Black Americans, Hispanic
  32-51  Americans, women, Asian Pacific Americans, and Native Americans,
  32-52  and who has suffered the effects of discriminatory practices or
  32-53  other similar insidious circumstances over which the person has no
  32-54  control.  (V.A.C.S. Art. 601b, Sec. 1.02(3); New.)
  32-55        Sec. 2161.002.  COMMISSION ADMINISTRATION; COMPTROLLER
  32-56  ASSISTANCE.  (a)  To administer Subchapters B and C, the commission
  32-57  may:
  32-58              (1)  require information from a state agency; and
  32-59              (2)  adopt rules.
  32-60        (b)  The comptroller shall provide information to the
  32-61  commission that will assist the commission in performing its duties
  32-62  under Subchapters B and C.  (V.A.C.S. Art. 601b, Sec. 1.03(c)
  32-63  (part).)
  32-64          (Sections 2161.003-2161.060 reserved for expansion)
  32-65        SUBCHAPTER B.  GENERAL POWERS AND DUTIES OF COMMISSION
  32-66        Sec. 2161.061.  CERTIFICATION OF HISTORICALLY UNDERUTILIZED
  32-67  BUSINESSES.  (a)  The commission shall certify historically
  32-68  underutilized businesses.
  32-69        (b)  As one of its certification procedures, the commission
  32-70  may:
   33-1              (1)  approve a municipal program that certifies
   33-2  historically underutilized businesses under substantially the same
   33-3  definition used by Section 2161.001; and
   33-4              (2)  certify a business certified under the municipal
   33-5  program as a historically underutilized business under this
   33-6  chapter.  (V.A.C.S. Art. 601b, Sec. 1.03(a).)
   33-7        Sec. 2161.062.  ASSISTANCE TO HISTORICALLY UNDERUTILIZED
   33-8  BUSINESSES.  (a)  The commission shall seek the advice of the
   33-9  governor, legislature, and state agencies in identifying and
  33-10  developing opportunities for historically underutilized businesses.
  33-11        (b)  The commission shall offer historically underutilized
  33-12  businesses assistance and training regarding state procurement
  33-13  procedures.
  33-14        (c)  The commission shall advise historically underutilized
  33-15  businesses of available state contracts and shall advise
  33-16  historically underutilized businesses to apply for registration on
  33-17  the commission's master bidders list.  (V.A.C.S. Art. 601b, Secs.
  33-18  1.03(i), (j).)
  33-19        Sec. 2161.063.  ASSISTING STATE AGENCIES.  (a)  The
  33-20  commission shall encourage state agencies to use historically
  33-21  underutilized businesses by:
  33-22              (1)  working with state agencies to establish a
  33-23  statewide policy for increasing the use of historically
  33-24  underutilized businesses;
  33-25              (2)  assisting state agencies in seeking historically
  33-26  underutilized businesses capable of supplying required goods or
  33-27  services;
  33-28              (3)  assisting state agencies in identifying and
  33-29  advising historically underutilized businesses on the types of
  33-30  goods and services the agencies need; and
  33-31              (4)  assisting state agencies in increasing the amount
  33-32  of business placed with historically underutilized businesses.
  33-33        (b)  The commission shall assist the Texas Department of
  33-34  Commerce in performing the department's duties under Section
  33-35  481.103.  (V.A.C.S. Art. 601b, Secs. 1.03(o), (p).)
  33-36        Sec. 2161.064.  DIRECTORY.  (a)  The commission shall
  33-37  compile, in the most cost-efficient form, a directory of businesses
  33-38  certified as historically underutilized businesses under Section
  33-39  2161.061.
  33-40        (b)  The commission at least semiannually shall update the
  33-41  directory and provide a copy of the directory to each state agency.
  33-42        (c)  Depending on the needs of a state agency, the commission
  33-43  shall provide access to the directory electronically or in another
  33-44  form.
  33-45        (d)  The commission shall provide a copy of the directory to
  33-46  every municipality in January and July of each year.  On request,
  33-47  the commission shall make the directory available to other local
  33-48  governments and the public.
  33-49        (e)  A state agency, including the commission, shall use the
  33-50  directory in determining awards of state purchasing and public
  33-51  works contracts.  (V.A.C.S. Art. 601b, Secs. 1.03(b), (e) as added
  33-52  Sec. 8, Ch. 749, Acts 73rd Leg., R.S., 1993.)
  33-53          (Sections 2161.065-2161.120 reserved for expansion)
  33-54          SUBCHAPTER C.  PLANNING AND REPORTING REQUIREMENTS
  33-55        Sec. 2161.121.  COMMISSION REPORT OF CONTRACTS AWARDED TO
  33-56  HISTORICALLY UNDERUTILIZED BUSINESSES.  (a)  The commission shall
  33-57  prepare a consolidated report that:
  33-58              (1)  includes the number and dollar amount of contracts
  33-59  awarded and paid to historically underutilized businesses certified
  33-60  by the commission; and
  33-61              (2)  analyzes the relative level of opportunity for
  33-62  historically underutilized businesses for various categories of
  33-63  acquired goods and services.
  33-64        (b)  Each state agency shall send to the commission
  33-65  information required by Section 2161.122 and the commission for the
  33-66  preparation of the commission's report not later than March 15 and
  33-67  September 15 of each year.
  33-68        (c)  The commission shall base its report on the compilation
  33-69  and analysis of reports received under Subsection (b) and
  33-70  information received from the comptroller.
   34-1        (d)  The commission shall send on April 15 of each year a
   34-2  report on the previous six-month period to the joint committee
   34-3  charged with monitoring the implementation of the historically
   34-4  underutilized business goals.
   34-5        (e)  The commission shall send on October 15 of each year a
   34-6  report on the preceding fiscal year to the presiding officer of
   34-7  each house of the legislature, the members of the legislature, and
   34-8  the joint committee.  (V.A.C.S. Art. 601b, Secs. 1.03(c) (part),
   34-9  (h).)
  34-10        Sec. 2161.122.  INFORMATION GATHERING BY STATE AGENCY.
  34-11  (a)  To ensure accuracy in reporting, a state agency shall maintain
  34-12  and compile monthly information relating to the use by the agency
  34-13  and each of its operating divisions of historically underutilized
  34-14  businesses, including information regarding subcontractors and
  34-15  suppliers required by Subsection (b).
  34-16        (b)  A contractor or supplier awarded a contract by a state
  34-17  agency shall report to the agency the identity of each historically
  34-18  underutilized business to whom the contractor or supplier awarded a
  34-19  subcontract for the purchase of goods or services.
  34-20        (c)  A state agency participating in a group purchasing
  34-21  program under Section 2155.140 shall send to the commission in the
  34-22  agency's report under Section 2161.121 a separate list of purchases
  34-23  from historically underutilized businesses that are made through
  34-24  the group purchasing program, including the dollar amount of each
  34-25  purchase allocated to the reporting agency.
  34-26        (d)  A state agency's report is a record of the agency's
  34-27  purchases for which the agency selected the vendor.  If the vendor
  34-28  was selected by the commission as part of its state contract
  34-29  program, the commission shall include the purchase in the
  34-30  commission's report of its own purchases unless the commission made
  34-31  a sole source purchase for the agency under Section 2155.067.  The
  34-32  state agency for which the purchase was made shall report the
  34-33  selection of the vendor on its report as if the agency selected the
  34-34  vendor when the agency drew specifications for goods or services
  34-35  that are proprietary to one vendor.  (V.A.C.S. Art. 601b, Secs.
  34-36  1.03(d), (e) as added Sec. 3, Ch. 684, Acts 73rd Leg., R.S., 1993,
  34-37  (f), (k).)
  34-38        Sec. 2161.123.  STRATEGIC PLANNING.  (a)  Each state agency,
  34-39  including the commission, shall prepare as part of its strategic
  34-40  plan under Chapter 2056 a written plan for increasing the agency's
  34-41  use of historically underutilized businesses in purchasing and
  34-42  public works contracting.
  34-43        (b)  The plan must include:
  34-44              (1)  a policy or mission statement relating to
  34-45  increasing the use of historically underutilized businesses by the
  34-46  state agency;
  34-47              (2)  goals to be met by the agency in carrying out the
  34-48  policy or mission; and
  34-49              (3)  specific programs to be conducted by the agency to
  34-50  meet the goals stated in the plan, including a specific program to
  34-51  encourage contractors to use historically underutilized businesses
  34-52  as partners and subcontractors.
  34-53        (c)  On request, the commission shall provide technical
  34-54  assistance to a state agency that is preparing its plan.  (V.A.C.S.
  34-55  Art. 601b, Sec. 1.03(l).)
  34-56        Sec. 2161.124.  STATE AGENCY PROGRESS REPORTS.  (a)  Each
  34-57  state agency, including the commission, shall prepare a report for
  34-58  each fiscal year documenting progress under its plan for increasing
  34-59  use of historically underutilized businesses.
  34-60        (b)  The commission, in cooperation with the state auditor,
  34-61  shall develop a standard form for the report.
  34-62        (c)  The state agency shall file the report with the
  34-63  governor, lieutenant governor, and the speaker of the house of
  34-64  representatives not later than December 31 of each year.  (V.A.C.S.
  34-65  Art. 601b, Secs. 1.03(m), (n).)
  34-66        Sec. 2161.125.  CATEGORIZATION BY SEX, RACE, AND ETHNICITY.
  34-67  The commission, in cooperation with the comptroller and each state
  34-68  agency reporting under this subchapter, shall categorize each
  34-69  historically underutilized business included in a report under this
  34-70  subchapter by sex, race, and ethnicity.  (V.A.C.S. Art. 601b, Sec.
   35-1  1.03(g).)
   35-2          (Sections 2161.126-2161.180 reserved for expansion)
   35-3                    SUBCHAPTER D.  PURCHASING GOALS
   35-4        Sec. 2161.181.  GOALS FOR PURCHASES OF GOODS AND SERVICES.  A
   35-5  state agency, including the commission, shall make a good faith
   35-6  effort to assist historically underutilized businesses to receive
   35-7  not less than 30 percent of the total value of all contract awards
   35-8  for the purchase of goods or services that the agency expects to
   35-9  make during a fiscal year.  (V.A.C.S. Art. 601b, Sec. 3.10(b)
  35-10  (part).)
  35-11        Sec. 2161.182.  GOALS FOR CONSTRUCTION CONTRACTS.  (a)  A
  35-12  state agency that contracts for a construction project, including a
  35-13  project under Section 2166.003, shall make a good faith effort to
  35-14  assist historically underutilized businesses to receive not less
  35-15  than 30 percent of the total value of each construction contract
  35-16  award that the agency expects to make during a fiscal year.
  35-17        (b)  In this section, "project" has the meaning assigned by
  35-18  Section 2166.001.  (V.A.C.S. Art. 601b, Sec. 5.36 (part); New.)
  35-19        Sec. 2161.183.  ESTIMATE OF EXPECTED CONTRACT AWARDS.
  35-20  (a)  Not later than the 60th day of its fiscal year, a state
  35-21  agency, including the commission:
  35-22              (1)  shall estimate the total value of contract awards
  35-23  the agency expects to make for that fiscal year that are subject to
  35-24  Section 2161.181; and
  35-25              (2)  shall estimate the total value of contract awards
  35-26  the agency expects to make for that fiscal year under Chapter 2166.
  35-27        (b)  The state agency may revise an estimate as new
  35-28  information requires.  (V.A.C.S. Art. 601b, Secs. 3.10(b) (part),
  35-29  5.36 (part).)
  35-30          (Sections 2161.184-2161.230 reserved for expansion)
  35-31                        SUBCHAPTER E.  PENALTY
  35-32        Sec. 2161.231.  PENALTY.  (a)  A person commits an offense if
  35-33  the person:
  35-34              (1)  intentionally applies as a historically
  35-35  underutilized business for an award of a purchasing contract or
  35-36  public works contract under this subtitle; and
  35-37              (2)  knows the person is not a historically
  35-38  underutilized business.
  35-39        (b)  An offense under this section is a third degree felony.
  35-40  (V.A.C.S. Art. 601b, Sec. 1.04.)
  35-41        CHAPTER 2162.  STATE COUNCIL ON COMPETITIVE GOVERNMENT
  35-42                   SUBCHAPTER A.  GENERAL PROVISIONS
  35-43  Sec. 2162.001.  DEFINITION
  35-44  Sec. 2162.002.  COMPETITION, INNOVATION, AND CREATIVITY IN STATE
  35-45                    SERVICES
  35-46          (Sections 2162.003-2162.050 reserved for expansion)
  35-47               SUBCHAPTER B.  ADMINISTRATIVE PROVISIONS
  35-48  Sec. 2162.051.  COMPOSITION OF COUNCIL
  35-49  Sec. 2162.052.  MEETINGS
  35-50          (Sections 2162.053-2162.100 reserved for expansion)
  35-51               SUBCHAPTER C.  GENERAL POWERS AND DUTIES
  35-52  Sec. 2162.101.  GENERAL POWERS
  35-53  Sec. 2162.102.  SELECTION OF SERVICE PROVIDER THROUGH
  35-54                    COMPETITION
  35-55  Sec. 2162.103.  COST COMPARISON AND CONTRACT CONSIDERATIONS
  35-56  Sec. 2162.104.  DUTIES OF AFFECTED STATE AGENCIES
  35-57  Sec. 2162.105.  EXEMPTION FROM PURCHASING LAWS
  35-58        CHAPTER 2162.  STATE COUNCIL ON COMPETITIVE GOVERNMENT
  35-59                   SUBCHAPTER A.  GENERAL PROVISIONS
  35-60        Sec. 2162.001.  DEFINITION.  In this chapter, "council" means
  35-61  the State Council on Competitive Government.  (V.A.C.S. Art. 601b,
  35-62  Sec. 15.01(2).)
  35-63        Sec. 2162.002.  COMPETITION, INNOVATION, AND CREATIVITY IN
  35-64  STATE SERVICES.  The state shall encourage competition, innovation,
  35-65  and creativity among service providers to improve the quality of
  35-66  the state's services.  (V.A.C.S. Art. 601b, Sec. 15.02 (part).)
  35-67          (Sections 2162.003-2162.050 reserved for expansion)
  35-68               SUBCHAPTER B.  ADMINISTRATIVE PROVISIONS
  35-69        Sec. 2162.051.  COMPOSITION OF COUNCIL.  (a)  The State
  35-70  Council on Competitive Government consists of the following
   36-1  individuals or the individuals they designate:
   36-2              (1)  the governor;
   36-3              (2)  the lieutenant governor;
   36-4              (3)  the comptroller;
   36-5              (4)  the speaker of the house of representatives;
   36-6              (5)  the commission's presiding officer; and
   36-7              (6)  the commissioner of the Texas Employment
   36-8  Commission representing labor.
   36-9        (b)  The governor is the presiding officer of the council.
  36-10        (c)  If the speaker of the house of representatives is not
  36-11  permitted by the constitution to serve as a voting member of the
  36-12  council, the speaker serves as a nonvoting member.  (V.A.C.S.
  36-13  Art. 601b, Secs. 15.02 (part), 15.03.)
  36-14        Sec. 2162.052.  MEETINGS.  (a)  The council shall meet as
  36-15  often as necessary to perform its duties.
  36-16        (b)  The council is subject to:
  36-17              (1)  the open meetings law, Chapter 551; and
  36-18              (2)  the open records law, Chapter 552.  (V.A.C.S.
  36-19  Art. 601b, Secs. 15.04, 15.10.)
  36-20          (Sections 2162.053-2162.100 reserved for expansion)
  36-21               SUBCHAPTER C.  GENERAL POWERS AND DUTIES
  36-22        Sec. 2162.101.  GENERAL POWERS.  In performing its duties
  36-23  under this chapter, the council may:
  36-24              (1)  adopt a rule governing any aspect of the council's
  36-25  duties or responsibilities;
  36-26              (2)  hold a public hearing or conduct a study; and
  36-27              (3)  consult a private commercial source.  (V.A.C.S.
  36-28  Art. 601b, Sec. 15.06 (part).)
  36-29        Sec. 2162.102.  SELECTION OF SERVICE PROVIDER THROUGH
  36-30  COMPETITION.  (a)  The council shall identify commercially
  36-31  available services being performed by state agencies and study the
  36-32  services to determine if they may be better provided by selecting
  36-33  the service providers through competition with other state agency
  36-34  providers of the services or private commercial sources.
  36-35        (b)  If the council determines that a service identified
  36-36  under Subsection (a) may be better provided by selecting the
  36-37  service provider through competition, the council shall require the
  36-38  state agency providing the service to engage in any process,
  36-39  including competitive bidding, developed by the council to select a
  36-40  service provider through competition with other state agency
  36-41  providers of the service or private commercial sources.
  36-42        (c)  In performing its duties under this chapter, the council
  36-43  may:
  36-44              (1)  require a state agency to conduct a hearing,
  36-45  study, review, or cost estimate, including an agency in-house cost
  36-46  estimate or a management study, concerning any aspect of a service
  36-47  identified under Subsection (a);
  36-48              (2)  develop and require state agencies to use methods
  36-49  to accurately and fairly estimate and account for the cost of
  36-50  providing a service identified under Subsection (a);
  36-51              (3)  require that a service identified under Subsection
  36-52  (a) be submitted to competitive bidding or another process that
  36-53  creates competition with private commercial sources;
  36-54              (4)  prescribe, after consulting affected state
  36-55  agencies, the specifications and conditions of purchase procedures
  36-56  that must be followed by the commission and a state agency or a
  36-57  private commercial source engaged in competitive bidding to provide
  36-58  a service identified under Subsection (a);
  36-59              (5)  award a contract to a state agency providing the
  36-60  service, another state agency, a private commercial source, or a
  36-61  combination of those entities, if the bidder presents the best and
  36-62  most reasonable bid, which is not necessarily the lowest bid; and
  36-63              (6)  determine the terms of a contract for service or
  36-64  interagency contract to provide a service identified under
  36-65  Subsection (a).  (V.A.C.S. Art. 601b, Secs. 15.01(3), 15.05, 15.06
  36-66  (part).)
  36-67        Sec. 2162.103.  COST COMPARISON AND CONTRACT CONSIDERATIONS.
  36-68  (a)  In comparing the cost of providing a service, the council
  36-69  shall consider the:
  36-70              (1)  cost of supervising the work of a private
   37-1  contractor; and
   37-2              (2)  cost of a state agency's performance of the
   37-3  service, including:
   37-4                    (A)  the costs of the comptroller, treasurer,
   37-5  attorney general, and other support agencies; and
   37-6                    (B)  other indirect costs related to the agency's
   37-7  performance of the service.
   37-8        (b)  A bid or contract must include an analysis of health
   37-9  care benefits, retirement, and workers' compensation insurance for
  37-10  a contractor's employees that are reasonably comparable to the
  37-11  health care benefits, retirement, and workers' compensation
  37-12  insurance of the state.  (V.A.C.S. Art. 601b, Sec. 15.07.)
  37-13        Sec. 2162.104.  DUTIES OF AFFECTED STATE AGENCIES.  A state
  37-14  agency shall perform an activity required by the council in
  37-15  performing its duties or exercising its powers under this chapter.
  37-16  (V.A.C.S. Art. 601b, Sec. 15.08.)
  37-17        Sec. 2162.105.  EXEMPTION FROM PURCHASING LAWS.  A contract
  37-18  by the council or a decision regarding whether a state agency is
  37-19  required to engage in competitive bidding is exempt from another
  37-20  state law regulating or limiting state purchasing or a purchasing
  37-21  decision.  (V.A.C.S. Art. 601b, Sec. 15.09.)
  37-22              (Chapters 2163-2164 reserved for expansion)
  37-23         CHAPTER 2165.  STATE BUILDINGS, GROUNDS, AND PROPERTY
  37-24   SUBCHAPTER A.  CHARGE AND CONTROL OF STATE BUILDINGS AND PROPERTY
  37-25  Sec. 2165.001.  CUSTODIANSHIP OF STATE PROPERTY
  37-26  Sec. 2165.002.  EXCEPTIONS TO COMMISSION CHARGE AND CONTROL
  37-27  Sec. 2165.003.  ALLOCATION OF SPACE AFFECTING LEGISLATURE
  37-28  Sec. 2165.004.  LEASE OF SPACE TO PUBLIC TENANTS IN CERTAIN
  37-29                    STATE-OWNED BUILDINGS
  37-30  Sec. 2165.005.  NAMING OF STATE BUILDINGS
  37-31          (Sections 2165.006-2165.050 reserved for expansion)
  37-32            SUBCHAPTER B.  POWERS AND DUTIES OF COMMISSION
  37-33  Sec. 2165.051.  INSPECTION OF STATE PROPERTY
  37-34  Sec. 2165.052.  REPAIR AND IMPROVEMENT OF STATE BUILDINGS
  37-35  Sec. 2165.053.  MAINTENANCE OF SEWERS AND UTILITY CONDUITS
  37-36  Sec. 2165.054.  PLANS OF STATE BUILDINGS
  37-37  Sec. 2165.055.  REPORT ABOUT IMPROVEMENTS AND REPAIRS
  37-38  Sec. 2165.056.  POWERS IN RELATION TO OTHER AGENCY PROPERTY
  37-39          (Sections 2165.057-2165.100 reserved for expansion)
  37-40                  SUBCHAPTER C.  ALLOCATION OF SPACE
  37-41  Sec. 2165.101.  APPLICABILITY OF SUBCHAPTER
  37-42  Sec. 2165.102.  COMMISSION STANDARDS FOR SPACE
  37-43  Sec. 2165.103.  CHILD CARE DEVELOPMENT BOARD STANDARDS
  37-44  Sec. 2165.104.  SPACE USE STUDY; LIMITATION ON ALLOCATION OF
  37-45                    SPACE
  37-46  Sec. 2165.105.  STATE AGENCY REQUEST FOR SPACE; COMMISSION
  37-47                    DETERMINATIONS
  37-48  Sec. 2165.106.  SHARING SPACE
  37-49  Sec. 2165.107.  PREFERENCES IN ASSIGNING SPACE
  37-50  Sec. 2165.108.  RULES
  37-51          (Sections 2165.109-2165.150 reserved for expansion)
  37-52                SUBCHAPTER D.  LEASE OF PUBLIC GROUNDS
  37-53  Sec. 2165.151.  AUTHORITY TO LEASE PUBLIC GROUNDS
  37-54  Sec. 2165.152.  LEASE OF BUILDING SPACE NOT AFFECTED
  37-55  Sec. 2165.153.  ADVERTISEMENT OF LEASE PROPOSALS
  37-56  Sec. 2165.154.  COMMENT BY GENERAL LAND OFFICE
  37-57  Sec. 2165.155.  APPROVAL BY ATTORNEY GENERAL
  37-58  Sec. 2165.156.  DEPOSIT OF LEASE PROCEEDS
  37-59  Sec. 2165.157.  FORMS, RULES, AND CONTRACTS
  37-60  Sec. 2165.158.  REJECTION OF BIDS
  37-61          (Sections 2165.159-2165.200 reserved for expansion)
  37-62        SUBCHAPTER E.  LEASE OF SPACE IN STATE-OWNED BUILDINGS
  37-63                          TO PRIVATE TENANTS
  37-64  Sec. 2165.201.  PURPOSE OF SUBCHAPTER
  37-65  Sec. 2165.202.  APPLICABILITY
  37-66  Sec. 2165.203.  LEASE; FAIR MARKET VALUE
  37-67  Sec. 2165.204.  COMMENT BY GENERAL LAND OFFICE
  37-68  Sec. 2165.205.  LIMITATIONS ON AMOUNT, LOCATION, AND USE OF
  37-69                    LEASED SPACE
  37-70  Sec. 2165.206.  LEASE OF SPACE FOR CHILD CARE FACILITY
   38-1  Sec. 2165.207.  METHOD OF SELECTING TENANT
   38-2  Sec. 2165.208.  UTILITIES AND CUSTODIAL SERVICES
   38-3  Sec. 2165.209.  SUBLEASES AND ASSIGNMENTS
   38-4  Sec. 2165.210.  REFUSAL TO LEASE SPACE OR PERMIT AN ACTIVITY
   38-5  Sec. 2165.211.  USE OF LEASE PROCEEDS
   38-6  Sec. 2165.212.  VENDING FACILITIES; TEXAS COMMISSION FOR THE
   38-7                    BLIND
   38-8  Sec. 2165.213.  AD VALOREM TAXATION
   38-9  Sec. 2165.214.  PREFERENCE IN LEASING TO CERTAIN EXISTING
  38-10                    VENDING FACILITIES
  38-11  Sec. 2165.215.  PURCHASE OF BUILDING SUBJECT TO EXISTING
  38-12                    LEASES
  38-13          (Sections 2165.216-2165.250 reserved for expansion)
  38-14           SUBCHAPTER F.  PARTICULAR BUILDINGS AND PROPERTY
  38-15  Sec. 2165.251.  OLD STATE BOARD OF INSURANCE BUILDING
  38-16  Sec. 2165.252.  TEXAS JUDICIAL COMPLEX
  38-17  Sec. 2165.253.  USE OF ROOM IN STATE CAPITOL BUILDING
  38-18  Sec. 2165.254.  STATE CAPITOL BUILDING:  SAFE PLACE FOR
  38-19                    RUNAWAY YOUTH DESIGNATION
  38-20  Sec. 2165.255.  CONSENT OF LEGISLATURE REQUIRED FOR
  38-21                    CONSTRUCTION ON STATE CAPITOL GROUNDS;
  38-22                    PENALTY
  38-23  Sec. 2165.256.  STATE CEMETERY AND OTHER BURIAL GROUNDS
  38-24  Sec. 2165.257.  FRENCH EMBASSY
  38-25  Sec. 2165.258.  OFFICE SPACE FOR DEPARTMENT OF PUBLIC SAFETY;
  38-26                    AMERICAN LEGION BUILDING
  38-27         CHAPTER 2165.  STATE BUILDINGS, GROUNDS, AND PROPERTY
  38-28   SUBCHAPTER A.  CHARGE AND CONTROL OF STATE BUILDINGS AND PROPERTY
  38-29        Sec. 2165.001.  CUSTODIANSHIP OF STATE PROPERTY.  (a)  The
  38-30  commission:
  38-31              (1)  has charge and control of all state buildings,
  38-32  grounds, and property;
  38-33              (2)  is the custodian of all state personal property;
  38-34  and
  38-35              (3)  is responsible for the proper care and protection
  38-36  of state property from damage, intrusion, or improper use.
  38-37        (b)  The commission may:
  38-38              (1)  allocate space in a state building to the
  38-39  departments of state government for uses authorized by law; and
  38-40              (2)  make repairs to a state building necessary to
  38-41  accommodate uses of the space in the building.  (V.A.C.S.
  38-42  Art. 601b, Sec. 4.01(a).)
  38-43        Sec. 2165.002.  EXCEPTIONS TO COMMISSION CHARGE AND CONTROL.
  38-44  The provisions of Section 2165.001 relating to charge and control
  38-45  of state buildings and grounds do not apply to buildings and
  38-46  grounds of:
  38-47              (1)  an institution of higher education, as defined by
  38-48  Section 61.003, Education Code;
  38-49              (2)  a state agency to which control has been
  38-50  specifically committed by law; and
  38-51              (3)  a state agency:
  38-52                    (A)  that has demonstrated ability and competence
  38-53  to maintain and control its buildings and grounds; and
  38-54                    (B)  to which the commission delegates that
  38-55  authority.  (V.A.C.S. Art. 601b, Sec. 4.01(c).)
  38-56        Sec. 2165.003.  ALLOCATION OF SPACE AFFECTING LEGISLATURE.
  38-57  The allocation of space affecting the quarters of either house of
  38-58  the legislature must have the approval of the speaker of the house
  38-59  of representatives or the lieutenant governor.  The required
  38-60  approval is for the quarters allocated to the affected house.
  38-61  (V.A.C.S. Art. 601b, Sec. 4.01(b).)
  38-62        Sec. 2165.004.  LEASE OF SPACE TO PUBLIC TENANTS IN CERTAIN
  38-63  STATE-OWNED BUILDINGS.  (a)  The commission may enter into a lease
  38-64  agreement with a department, commission, board, agency, or other
  38-65  instrumentality of the state, a political subdivision of the state,
  38-66  or the federal government or its instrumentalities for space in an
  38-67  office building subject to Chapter 2166.  Except as provided by
  38-68  Subchapter E or other law, the commission may not lease space in
  38-69  the building to an individual, private corporation, association,
  38-70  partnership, or other private interest.
   39-1        (b)  The commission may adopt rules necessary to implement
   39-2  this section.  (V.A.C.S. Art. 601b, Sec. 5.10(b); New.)
   39-3        Sec. 2165.005.  NAMING OF STATE BUILDINGS.  (a)  This section
   39-4  prescribes the procedure for naming a building owned by the state,
   39-5  including a building financed under the Texas Public Finance
   39-6  Authority Act (Article 601d, Vernon's Texas Civil Statutes).
   39-7        (b)  The commission shall submit names proposed for a new
   39-8  state building, or proposals to rename an existing state building,
   39-9  to the presiding officers of the house of representatives and the
  39-10  senate.
  39-11        (c)  The name proposed by the commission for a state building
  39-12  may be approved and authorized only by concurrent resolution passed
  39-13  by the legislature and signed by the governor.
  39-14        (d)  A building, other than a university building or a
  39-15  prison, may bear the name of a person only if the person is
  39-16  deceased and was significant in the state's history.  (V.A.C.S.
  39-17  Art. 601b, Sec. 4.081.)
  39-18          (Sections 2165.006-2165.050 reserved for expansion)
  39-19            SUBCHAPTER B.  POWERS AND DUTIES OF COMMISSION
  39-20        Sec. 2165.051.  INSPECTION OF STATE PROPERTY.  (a)  The
  39-21  commission shall frequently and at regular intervals inspect all
  39-22  state buildings and property to remain constantly informed of the
  39-23  condition of the buildings and property.
  39-24        (b)  The commission may inspect the buildings, property in
  39-25  the buildings, and other property under the State Preservation
  39-26  Board's control only at the board's request.  The commission shall
  39-27  report to the board the results of an inspection.  Restoration and
  39-28  repairs may be made only:
  39-29              (1)  at the board's direction; and
  39-30              (2)  by a contractor or agency chosen by the board.
  39-31  (V.A.C.S. Art. 601b, Sec. 4.05.)
  39-32        Sec. 2165.052.  REPAIR AND IMPROVEMENT OF STATE BUILDINGS.
  39-33  On direction of the commission's attention to a needed improvement
  39-34  or repair of a building or office by the head of a department or
  39-35  office, the commission shall provide for and direct the repair or
  39-36  improvement.  (V.A.C.S. Art. 601b, Sec. 4.06.)
  39-37        Sec. 2165.053.  MAINTENANCE OF SEWERS AND UTILITY CONDUITS.
  39-38  The commission shall give special attention to the effective
  39-39  maintenance of sewers and utility conduits.  (V.A.C.S. Art. 601b,
  39-40  Sec. 4.07.)
  39-41        Sec. 2165.054.  PLANS OF STATE BUILDINGS.  The commission
  39-42  shall prepare and keep in its offices a copy of the plans of each
  39-43  state building under its charge, and plans of each building's
  39-44  improvements, showing the exact location of all electrical wiring
  39-45  and all water, gas, and sewage pipes.  (V.A.C.S. Art. 601b, Sec.
  39-46  4.08.)
  39-47        Sec. 2165.055.  REPORT ABOUT IMPROVEMENTS AND REPAIRS.  The
  39-48  commission biennially on December 1st shall report to the governor:
  39-49              (1)  all improvements and repairs that have been made,
  39-50  with an itemized account of receipts and expenditures; and
  39-51              (2)  the condition of all property under its control,
  39-52  with an estimate of needed improvements and repairs.  (V.A.C.S.
  39-53  Art. 601b, Sec. 4.09.)
  39-54        Sec. 2165.056.  POWERS IN RELATION TO OTHER AGENCY PROPERTY.
  39-55  (a)  The commission may, at a state agency's request, exercise the
  39-56  powers and duties given to the commission by this subchapter and
  39-57  Subchapters A, D, E, and F on or with respect to any property owned
  39-58  or leased by the state.
  39-59        (b)  Services provided by the commission under this section
  39-60  are not subject to Chapter 771.
  39-61        (c)  The commission shall establish a system of charges for
  39-62  providing services under this section to assure recovery of the
  39-63  cost of providing the services and shall submit a purchase voucher
  39-64  or journal voucher after the close of each month to agencies for
  39-65  which services were performed.  (V.A.C.S. Art. 601b, Sec. 4.16.)
  39-66          (Sections 2165.057-2165.100 reserved for expansion)
  39-67                  SUBCHAPTER C.  ALLOCATION OF SPACE
  39-68        Sec. 2165.101.  APPLICABILITY OF SUBCHAPTER.  This subchapter
  39-69  applies only to space to which, under Section 2167.001, Chapter
  39-70  2167 applies.  (New.)
   40-1        Sec. 2165.102.  COMMISSION STANDARDS FOR SPACE.  The
   40-2  commission shall adopt standards regarding state agencies':
   40-3              (1)  use of space; and
   40-4              (2)  needs for space, including types of space needed.
   40-5  (V.A.C.S. Art. 601b, Sec. 6.02(c) (part).)
   40-6        Sec. 2165.103.  CHILD CARE DEVELOPMENT BOARD STANDARDS.
   40-7  (a)  The Child Care Development Board by rule shall adopt standards
   40-8  regarding the type, size, and location of child care services that
   40-9  may be needed by a state agency based on an agency's location and
  40-10  employee demographics.
  40-11        (b)  The commission shall apply standards adopted by the
  40-12  board under this section in fulfilling the commission's
  40-13  responsibilities relating to the establishment of child care
  40-14  facilities.  (V.A.C.S. Art. 601b, Sec. 6.02(c) (part).)
  40-15        Sec. 2165.104.  SPACE USE STUDY; LIMITATION ON ALLOCATION OF
  40-16  SPACE.  (a)  The commission periodically shall study the space
  40-17  requirements of state agencies that occupy space under the
  40-18  commission's charge and control, including state-owned space and
  40-19  space leased from other sources.
  40-20        (b)  The commission shall use the results of the study to:
  40-21              (1)  determine the optimal amount of space required for
  40-22  various state agency uses; and
  40-23              (2)  allocate space to state agencies in the best and
  40-24  most efficient manner possible.
  40-25        (c)  To the extent possible without sacrificing critical
  40-26  public or client services, the commission may not allocate usable
  40-27  office space, as defined by the commission, to a state agency under
  40-28  Article I or II of the General Appropriations Act in an amount that
  40-29  exceeds an average of 153 square feet per agency employee for each
  40-30  agency site.  This subsection does not apply to:
  40-31              (1)  an agency site at which fewer than 16 employees
  40-32  are located;
  40-33              (2)  warehouse space;
  40-34              (3)  laboratory space;
  40-35              (4)  storage space exceeding 1,000 gross square feet;
  40-36              (5)  library space;
  40-37              (6)  space for hearing rooms used to conduct hearings
  40-38  required under the administrative procedure law, Chapter 2001; or
  40-39              (7)  another type of space specified by commission
  40-40  rule, if the commission determines that it is not practical to
  40-41  apply this subsection to that space.
  40-42        (d)  The commission shall conduct a study under this section
  40-43  at least once each state fiscal biennium.
  40-44        (e)  This section does not apply to space that is not
  40-45  occupied by a state agency as defined by Section 2151.002.
  40-46  (V.A.C.S. Art. 601b, Sec. 6.021.)
  40-47        Sec. 2165.105.  STATE AGENCY REQUEST FOR SPACE; COMMISSION
  40-48  DETERMINATIONS.  (a)  The head of a state agency or that person's
  40-49  designee shall send to the commission a written request for space
  40-50  the agency needs to perform its functions.  A state agency may
  40-51  consider the need of its employees for child care services in its
  40-52  request for space.
  40-53        (b)  After consulting the state agency regarding the amount
  40-54  and type of space requested, the commission shall determine:
  40-55              (1)  whether a need for the space exists; and
  40-56              (2)  specifications for needed space.  (V.A.C.S.
  40-57  Art. 601b, Secs. 6.02(a), (b).)
  40-58        Sec. 2165.106.  SHARING SPACE.  The commission may:
  40-59              (1)  consolidate requests for space of two or more
  40-60  state agencies with similar needs; and
  40-61              (2)  obtain and allocate space so that it is shared by
  40-62  the agencies.  (V.A.C.S. Art. 601b, Sec. 6.03.)
  40-63        Sec. 2165.107.  PREFERENCES IN ASSIGNING SPACE.  (a)  In
  40-64  filling a request for space, the commission shall give preference
  40-65  to available state-owned space.
  40-66        (b)  In assigning office space in a state building financed
  40-67  from bond proceeds, the commission shall give first priority to a
  40-68  state agency that is not funded from general revenue.  (V.A.C.S.
  40-69  Art. 601b, Sec. 6.04.)
  40-70        Sec. 2165.108.  RULES.  The commission shall adopt rules
   41-1  necessary to administer its functions under this subchapter.
   41-2  (V.A.C.S. Art. 601b, Sec. 6.12.)
   41-3          (Sections 2165.109-2165.150 reserved for expansion)
   41-4                SUBCHAPTER D.  LEASE OF PUBLIC GROUNDS
   41-5        Sec. 2165.151.  AUTHORITY TO LEASE PUBLIC GROUNDS.  All
   41-6  public grounds belonging to the state under the commission's charge
   41-7  and control may be leased for agricultural or commercial purposes.
   41-8  (V.A.C.S. Art. 601b, Sec. 4.02(a) (part).)
   41-9        Sec. 2165.152.  LEASE OF BUILDING SPACE NOT AFFECTED.  This
  41-10  subchapter does not apply to space in a building that the
  41-11  commission may lease to a private tenant under Subchapter E.
  41-12  (V.A.C.S. Art. 601b, Sec. 4.02(c).)
  41-13        Sec. 2165.153.  ADVERTISEMENT OF LEASE PROPOSALS.  The
  41-14  commission shall advertise a lease proposal under this subchapter
  41-15  once a week for four consecutive weeks in at least two newspapers,
  41-16  one of which is published in the municipality in which the property
  41-17  is located or in the daily paper nearest to the property, and the
  41-18  other of which has statewide circulation.  (V.A.C.S. Art. 601b,
  41-19  Sec. 4.02(a) (part).)
  41-20        Sec. 2165.154.  COMMENT BY GENERAL LAND OFFICE.  (a)  Not
  41-21  later than the 30th day before the date the commission executes a
  41-22  lease under this subchapter, the commission shall send the lease
  41-23  proposal to the asset management division of the General Land
  41-24  Office.
  41-25        (b)  Before the lease is executed, the asset management
  41-26  division shall send written comments to the commission about the
  41-27  lease.  The commission shall consider the comments before executing
  41-28  the lease.  (V.A.C.S. Art. 601b, Sec. 4.02(a) (part).)
  41-29        Sec. 2165.155.  APPROVAL BY ATTORNEY GENERAL.  Each lease
  41-30  under this subchapter is subject to the approval of the attorney
  41-31  general regarding both substance and form.  (V.A.C.S. Art. 601b,
  41-32  Sec. 4.02(a) (part).)
  41-33        Sec. 2165.156.  DEPOSIT OF LEASE PROCEEDS.  Money received
  41-34  from a lease under this subchapter, minus the amount spent  for
  41-35  advertising and leasing expenses, shall be deposited:
  41-36              (1)  in the state treasury to the credit of the general
  41-37  revenue fund; or
  41-38              (2)  if the land leased belongs to an eleemosynary
  41-39  institution for which there is an appropriate special fund, to the
  41-40  credit of the institution in the appropriate special fund.
  41-41  (V.A.C.S. Art. 601b, Sec. 4.02(a) (part).)
  41-42        Sec. 2165.157.  FORMS, RULES, AND CONTRACTS.  The commission
  41-43  shall adopt proper forms, rules, and contracts that will in its
  41-44  best judgment protect the interest of the state.  (V.A.C.S.
  41-45  Art. 601b, Sec. 4.02(b) (part).)
  41-46        Sec. 2165.158.  REJECTION OF BIDS.  The commission may reject
  41-47  any and all bids under this subchapter.  (V.A.C.S. Art. 601b, Sec.
  41-48  4.02(b) (part).)
  41-49          (Sections 2165.159-2165.200 reserved for expansion)
  41-50        SUBCHAPTER E.  LEASE OF SPACE IN STATE-OWNED BUILDINGS
  41-51                          TO PRIVATE TENANTS
  41-52        Sec. 2165.201.  PURPOSE OF SUBCHAPTER.  The purpose of this
  41-53  subchapter is to:
  41-54              (1)  encourage the most efficient use of valuable space
  41-55  in state office buildings and parking garages;
  41-56              (2)  serve the needs of employees and visitors in the
  41-57  buildings;
  41-58              (3)  provide child care services for state employees;
  41-59  and
  41-60              (4)  enhance the social, cultural, and economic
  41-61  environment in and near the buildings.  (V.A.C.S. Art. 601b, Sec.
  41-62  4.15(a) (part).)
  41-63        Sec. 2165.202.  APPLICABILITY.  This subchapter applies only
  41-64  to the lease of space in a state-owned building to a private
  41-65  tenant.  (New.)
  41-66        Sec. 2165.203.  LEASE; FAIR MARKET VALUE.  In a state-owned
  41-67  building that is under the commission's control and that is used
  41-68  primarily for office space or vehicle parking for state government,
  41-69  the commission may lease at fair market value space to private
  41-70  tenants for commercial, cultural, educational, or recreational
   42-1  activities.  (V.A.C.S. Art. 601b, Sec. 4.15(b) (part).)
   42-2        Sec. 2165.204.  COMMENT BY GENERAL LAND OFFICE.  (a)  Not
   42-3  later than the 30th day before the date the commission executes a
   42-4  lease, the commission shall send a copy of the lease to the asset
   42-5  management division of the General Land Office.
   42-6        (b)  Before the lease is executed the asset management
   42-7  division shall send written comments to the commission about the
   42-8  lease.  The commission shall consider the comments before executing
   42-9  the lease.  (V.A.C.S. Art. 601b, Sec. 4.15(b) (part).)
  42-10        Sec. 2165.205.  LIMITATIONS ON AMOUNT, LOCATION, AND USE OF
  42-11  LEASED SPACE.  (a)  The commission may not lease space to a private
  42-12  tenant for use as private office space unless the private office
  42-13  space is related and incidental to another commercial, cultural,
  42-14  educational, recreational, or child care activity of the tenant in
  42-15  the building.
  42-16        (b)  Except as provided by this subchapter and Chapter 663,
  42-17  the commission shall determine the amount of space in a building to
  42-18  be allocated to private tenants and the types of activities in
  42-19  which the tenants may engage according to the market for certain
  42-20  activities among employees and visitors in the building and in the
  42-21  vicinity of the building.
  42-22        (c)  Except as provided by Section 2165.215, the amount of
  42-23  space allocated to private tenants may not exceed 15 percent of the
  42-24  total space in the building.  Space leased to provide child care
  42-25  services for state employees does not count toward the 15 percent
  42-26  maximum.
  42-27        (d)  If the commission allocates space in a building to a
  42-28  private tenant, it shall encourage the tenant to lease space with
  42-29  street frontage or space in another area of heavy pedestrian
  42-30  activity.  (V.A.C.S. Art. 601b, Secs. 4.15(b) (part), (c), (d)
  42-31  (part).)
  42-32        Sec. 2165.206.  LEASE OF SPACE FOR CHILD CARE FACILITY.
  42-33  (a)  Providing a site for a child care facility in a state-owned
  42-34  building has first priority over all other uses of a building,
  42-35  except for the purposes essential to the official functions of the
  42-36  agencies housed in the building.
  42-37        (b)  If the commission allocates space for the purpose of
  42-38  providing child care services for state employees, the commission
  42-39  shall designate the use of the space most appropriate for child
  42-40  care at the direction of the Child Care Development Board.
  42-41        (c)  Notwithstanding any other provision of this subtitle,
  42-42  the commission shall lease at a rate set by the Child Care
  42-43  Development Board suitable space in state-owned buildings to child
  42-44  care providers selected by the board, as provided by Chapter 663.
  42-45  (V.A.C.S. Art. 601b, Secs. 4.15(a) (part), (b) (part), (d) (part).)
  42-46        Sec. 2165.207.  METHOD OF SELECTING TENANT.  (a)  The
  42-47  commission may lease space in a building by negotiating a lease
  42-48  with a tenant or by selecting the tenant through competitive
  42-49  bidding.  In either event, the commission shall follow procedures
  42-50  that promote competition and protect the state's interests.
  42-51        (b)  If the space is leased for the purpose of providing
  42-52  child care services for state employees, the Child Care Development
  42-53  Board, in its sole discretion, may select the child care provider
  42-54  through procedures other than competitive bidding.  (V.A.C.S.
  42-55  Art. 601b, Sec. 4.15(f).)
  42-56        Sec. 2165.208.  UTILITIES AND CUSTODIAL SERVICES.  (a)  The
  42-57  commission may furnish utilities and custodial services to a
  42-58  private tenant at cost.
  42-59        (b)  The commission shall furnish utilities and custodial
  42-60  services to a child care provider selected by the Child Care
  42-61  Development Board at cost.  (V.A.C.S. Art. 601b, Sec. 4.15(e).)
  42-62        Sec. 2165.209.  SUBLEASES AND ASSIGNMENTS.  (a)  The
  42-63  commission may permit a private tenant to sublease or assign space
  42-64  that the tenant leases.  The commission must approve in writing all
  42-65  subleases and assignments of leases.
  42-66        (b)  If the private tenant is a child care provider, the
  42-67  Child Care Development Board must also approve in writing a
  42-68  sublease or assignment of the lease.  (V.A.C.S. Art. 601b, Sec.
  42-69  4.15(g).)
  42-70        Sec. 2165.210.  REFUSAL TO LEASE SPACE OR PERMIT AN ACTIVITY.
   43-1  The commission may refuse to lease space to a person or to permit
   43-2  an activity in a space if the commission considers the refusal to
   43-3  be in the state's best interests, except that on the Child Care
   43-4  Development Board's selection and approval of suitable space for a
   43-5  child care facility in a state-owned building, the commission may
   43-6  not refuse to lease the space to that child care provider.
   43-7  (V.A.C.S. Art. 601b, Sec. 4.15(h).)
   43-8        Sec. 2165.211.  USE OF LEASE PROCEEDS.  Money received from a
   43-9  lease under this subchapter may be used only for building and
  43-10  property services performed by the commission.  (V.A.C.S.
  43-11  Art. 601b, Sec. 4.15(i).)
  43-12        Sec. 2165.212.  VENDING FACILITIES; TEXAS COMMISSION FOR THE
  43-13  BLIND.  (a)  The commission shall request the Texas Commission for
  43-14  the Blind to determine under Section 94.003, Human Resources Code,
  43-15  whether it is feasible to install a vending facility in a building
  43-16  in which the commission intends to lease space to a private tenant,
  43-17  other than a child care provider. If the installation of the
  43-18  facility is feasible, the commission shall permit the installation
  43-19  in accordance with Chapter 94, Human Resources Code.
  43-20        (b)  If a vending facility is installed, the commission may
  43-21  not lease space in the building to a tenant that the commission,
  43-22  after consultation with the Texas Commission for the Blind,
  43-23  determines would be in direct competition with the vending
  43-24  facility.
  43-25        (c)  If the Texas Commission for the Blind determines that
  43-26  the installation of a vending facility is not feasible, the
  43-27  commission shall lease space to at least one private tenant whose
  43-28  activity in the building will be managed by a blind person or by a
  43-29  person with a disability who is not blind.  (V.A.C.S. Art. 601b,
  43-30  Sec. 4.15(j).)
  43-31        Sec. 2165.213.  AD VALOREM TAXATION.  (a)  Space leased to a
  43-32  private tenant is subject to ad valorem taxation in accordance with
  43-33  Section 11.11(d), Tax Code.
  43-34        (b)  The space is not subject to taxation if:
  43-35              (1)  the private tenant would be entitled to an
  43-36  exemption from taxation of the space if the tenant owned the space
  43-37  instead of leasing it; or
  43-38              (2)  the tenant uses the space for a child care
  43-39  facility.  (V.A.C.S. Art. 601b, Sec. 4.15(k).)
  43-40        Sec. 2165.214.  PREFERENCE IN LEASING TO CERTAIN EXISTING
  43-41  VENDING FACILITIES.  Notwithstanding the other provisions of this
  43-42  subchapter or Chapters 2155-2158, the commission shall give a
  43-43  preference, when leasing space in a state-owned building for the
  43-44  operation of a vending facility as defined by Chapter 94, Human
  43-45  Resources Code, to an existing lessee, licensee, or contractor who
  43-46  operates a vending facility on the property if:
  43-47              (1)  the existing lessee, licensee, or contractor has
  43-48  operated a vending facility on the property for not less than 10
  43-49  years;
  43-50              (2)  Chapter 94, Human Resources Code, does not apply
  43-51  to the property;
  43-52              (3)  the commission finds there is a history of quality
  43-53  and reliable service; and
  43-54              (4)  the proposal of the existing lessee, licensee, or
  43-55  contractor for the right to continue operation of the facility is
  43-56  consistent with the historical quality of service and the
  43-57  historical retail pricing structure at the facility.  (V.A.C.S.
  43-58  Art. 601b, Sec. 4.15(l).)
  43-59        Sec. 2165.215.  PURCHASE OF BUILDING SUBJECT TO EXISTING
  43-60  LEASES.  (a)  If the commission determines under Section 2166.452
  43-61  or 2166.453 that the purchase of an existing building is more
  43-62  advantageous to the state than constructing a new building or
  43-63  continuing to lease space for a state agency, but a purchase of the
  43-64  building would be subject to existing leases to private tenants
  43-65  that exceed 15 percent of the building's total space, the
  43-66  commission may purchase the building subject to existing leases
  43-67  notwithstanding Section 2165.205.
  43-68        (b)  On expiration of a private tenant's existing lease, the
  43-69  commission may renew the lease subject to this subchapter,
  43-70  including Section 2165.205.  (V.A.C.S. Art. 601b, Sec. 4.15(m).)
   44-1          (Sections 2165.216-2165.250 reserved for expansion)
   44-2           SUBCHAPTER F.  PARTICULAR BUILDINGS AND PROPERTY
   44-3        Sec. 2165.251.  OLD STATE BOARD OF INSURANCE BUILDING.  The
   44-4  space in the old State Board of Insurance State Office Building,
   44-5  located on San Jacinto Street between 11th and 12th streets in
   44-6  Austin, is allocated to the legislature and legislative agencies
   44-7  for their use.  The presiding officers of each house of the
   44-8  legislature shall jointly allocate space within the building.
   44-9  (V.A.C.S. Art. 601b, Sec. 4.01(b-1).)
  44-10        Sec. 2165.252.  TEXAS JUDICIAL COMPLEX.  (a)  "Texas Judicial
  44-11  Complex" is the collective name of the Supreme Court Building, the
  44-12  Tom C. Clark State Courts Building, and the Price Daniel, Sr.,
  44-13  Building.
  44-14        (b)  The commission may allocate space in buildings in the
  44-15  Texas Judicial Complex only to:
  44-16              (1)  a court;
  44-17              (2)  a judicial agency;
  44-18              (3)  the attorney general's office;
  44-19              (4)  the Texas Department of Criminal Justice;
  44-20              (5)  the Texas Youth Commission;
  44-21              (6)  the Criminal Justice Policy Council;
  44-22              (7)  the State Commission on Judicial Conduct;
  44-23              (8)  the State Office of Administrative Hearings;
  44-24              (9)  the Board of Law Examiners;
  44-25              (10)  the Council on Sex Offender Treatment;
  44-26              (11)  building security;
  44-27              (12)  building maintenance; or
  44-28              (13)  a vending facility operated under Chapter 94,
  44-29  Human Resources Code.  (V.A.C.S. Art. 601b, Secs. 4.01(d), 4.082.)
  44-30        Sec. 2165.253.  USE OF ROOM IN STATE CAPITOL BUILDING.  A
  44-31  person may not use a room, apartment, or office in the State
  44-32  Capitol as a bedroom or for a private purpose.  This section does
  44-33  not apply to the offices and living quarters occupied by the
  44-34  lieutenant governor or the speaker of the house of representatives.
  44-35  (V.A.C.S. Art. 601b, Sec. 4.04.)
  44-36        Sec. 2165.254.  STATE CAPITOL BUILDING:  SAFE PLACE FOR
  44-37  RUNAWAY YOUTH DESIGNATION.  The State Capitol is designated a safe
  44-38  place for runaway youth.  The commission shall devise a plan to
  44-39  provide services and assistance to runaway youth seeking services
  44-40  at the State Capitol following standards set by national
  44-41  organizations with expertise in services for runaway youth,
  44-42  including the Project Safe Place Program.  In this section:
  44-43              (1)  "Youth" means a person younger than 18 years of
  44-44  age.
  44-45              (2)  "Safe place" means a place that provides
  44-46  short-term crisis-oriented assistance and services to runaway
  44-47  youth.  (V.A.C.S. Art. 601b, Sec. 4.17.)
  44-48        Sec. 2165.255.  CONSENT OF LEGISLATURE REQUIRED FOR
  44-49  CONSTRUCTION ON STATE CAPITOL GROUNDS; PENALTY.  (a)  A person,
  44-50  including a state officer or employee, commits an offense if,
  44-51  without the prior express consent of the legislature, the person:
  44-52              (1)  builds, erects, or maintains a building, memorial,
  44-53  monument, statue, concession, or other structure on the State
  44-54  Capitol grounds; or
  44-55              (2)  creates a parking area, or lays additional paving
  44-56  on the State Capitol grounds.
  44-57        (b)  It is not an offense under Subsection (a) to build or
  44-58  maintain paved access and underground utility installations in the
  44-59  area described by Subsection (a).
  44-60        (c)  An offense under Subsection (a) is a misdemeanor
  44-61  punishable by:
  44-62              (1)  a fine of not less than $100 or more than $1,000;
  44-63              (2)  confinement in the county jail of Travis County
  44-64  for not more than one year; or
  44-65              (3)  both the fine and confinement.
  44-66        (d)  A state officer who is subject to removal from office by
  44-67  impeachment is subject to removal by that method for a violation of
  44-68  Subsection (a).  Any other state officer or employee who violates
  44-69  Subsection (a) shall be dismissed immediately from state
  44-70  employment.
   45-1        (e)  In this section, "State Capitol grounds" means the area
   45-2  that surrounded the State Capitol on January 1, 1955, that was
   45-3  bounded by 11th, Brazos, 13th, and Colorado streets, regardless of
   45-4  whether the area was inside or outside the fence that enclosed part
   45-5  of those grounds.  (V.A.C.S. Art. 601b, Sec. 4.14.)
   45-6        Sec. 2165.256.  STATE CEMETERY AND OTHER BURIAL GROUNDS.
   45-7  (a)  The commission shall:
   45-8              (1)  control, manage, and beautify the grounds of the
   45-9  State Cemetery;
  45-10              (2)  preserve the grounds of the cemetery and related
  45-11  property; and
  45-12              (3)  protect the property from depreciation and injury.
  45-13        (b)  The commission shall procure and erect at the head of
  45-14  each grave that does not have a permanent monument a marble obelisk
  45-15  on which shall be engraved the name of the dead buried in the
  45-16  grave.
  45-17        (c)  Persons eligible for burial in the State Cemetery are:
  45-18              (1)  a former member of the legislature or a member who
  45-19  dies in office;
  45-20              (2)  a former elective state official or an elective
  45-21  state official who dies in office;
  45-22              (3)  a former state official or a state official who
  45-23  dies in office who has been appointed by the governor and confirmed
  45-24  by the senate;
  45-25              (4)  a person specified by a governor's proclamation;
  45-26  and
  45-27              (5)  a person specified by a concurrent resolution
  45-28  adopted by the legislature.
  45-29        (d)  Grave spaces are allotted for:
  45-30              (1)  a person eligible for burial under Subsection (c);
  45-31              (2)  the person's spouse; and
  45-32              (3)  the person's unmarried child, if the child, on
  45-33  September 1, 1979, or at the time of the child's death, is a
  45-34  resident in a state eleemosynary institution.
  45-35        (e)  A child eligible for burial under Subsection (d)(3) must
  45-36  be buried alongside the child's parent or parents.
  45-37        (f)  A grave plot may not be longer than eight feet nor wider
  45-38  than five feet times the number of persons of one family authorized
  45-39  to be buried alongside one another.
  45-40        (g)  A monument or statue may not be erected that is taller
  45-41  than a monument or statue that existed in the State Cemetery on
  45-42  September 1, 1979.
  45-43        (h)  A tree, shrub, or flower may not be planted in the State
  45-44  Cemetery without the commission's written permission.
  45-45        (i)  A person may be buried on state property only in the
  45-46  State Cemetery or in a cemetery maintained by a state eleemosynary
  45-47  institution.  Other state property, including the State Capitol
  45-48  grounds, may not be used as a burial site.
  45-49        (j)  The commission shall allot and locate the necessary
  45-50  number of grave plots authorized on application made by:
  45-51              (1)  the person primarily eligible for burial under
  45-52  Subsection (c);
  45-53              (2)  the person's spouse; or
  45-54              (3)  the executor or administrator of the person's
  45-55  estate.  (V.A.C.S. Art. 601b, Sec. 4.10.)
  45-56        Sec. 2165.257.  FRENCH EMBASSY.  (a)  The property known as
  45-57  the French Embassy is for the use and purposes of the Daughters of
  45-58  the Republic of Texas.  They may take full charge of the building
  45-59  and use it as they consider proper.
  45-60        (b)  The French Embassy is the property of the state, and
  45-61  title to the property remains in the commission's custody.
  45-62  (V.A.C.S. Art. 601b, Sec. 4.11.)
  45-63        Sec. 2165.258.  OFFICE SPACE FOR DEPARTMENT OF PUBLIC SAFETY;
  45-64  AMERICAN LEGION BUILDING.  The commission shall provide office
  45-65  space to the Department of Public Safety in the American Legion
  45-66  Building or in another suitable facility acceptable to the
  45-67  department for the Capitol District.  (V.A.C.S. Art. 601b, Sec.
  45-68  4.12.)
  45-69         CHAPTER 2166.  BUILDING CONSTRUCTION AND ACQUISITION
  45-70                   SUBCHAPTER A.  GENERAL PROVISIONS
   46-1  Sec. 2166.001.  DEFINITIONS
   46-2  Sec. 2166.002.  APPLICABILITY OF CHAPTER
   46-3  Sec. 2166.003.  EXCEPTIONS
   46-4  Sec. 2166.004.  ADDITIONAL EXCEPTIONS
   46-5  Sec. 2166.005.  COMMISSION PARTICIPATION IN OTHER BUILDING
   46-6                    PROJECTS
   46-7  Sec. 2166.006.  LEGAL REPRESENTATION OF COMMISSION
   46-8  Sec. 2166.007.  VENUE
   46-9          (Sections 2166.008-2166.050 reserved for expansion)
  46-10        SUBCHAPTER B.  GENERAL POWERS AND DUTIES OF COMMISSION
  46-11  Sec. 2166.051.  ADMINISTERING AGENCY
  46-12  Sec. 2166.052.  ACQUISITION AND DISPOSITION OF PROPERTY
  46-13  Sec. 2166.053.  CONTRACT AUTHORITY
  46-14  Sec. 2166.054.  TITLE TO AND CONTROL OF BUILDINGS; INITIAL
  46-15                    OCCUPANTS
  46-16  Sec. 2166.055.  EMINENT DOMAIN
  46-17  Sec. 2166.056.  GRANT OF EASEMENT OR RIGHT-OF-WAY
  46-18  Sec. 2166.057.  COORDINATION OF MULTIAGENCY PROJECTS
  46-19  Sec. 2166.058.  ASSISTANCE BY OTHER AGENCIES
  46-20  Sec. 2166.059.  ASSIGNMENT OF COMMISSION EMPLOYEE TO OTHER
  46-21                    AGENCY
  46-22  Sec. 2166.060.  SITE SELECTION AND CONSTRUCTION IN TEXAS
  46-23                    MUNICIPALITIES
  46-24  Sec. 2166.061.  GENERAL COMMISSION OVERSIGHT DURING
  46-25                    CONSTRUCTION
  46-26  Sec. 2166.062.  RULEMAKING AUTHORITY
  46-27  Sec. 2166.063.  FEDERAL REQUIREMENTS
  46-28          (Sections 2166.064-2166.100 reserved for expansion)
  46-29            SUBCHAPTER C.  STATEWIDE PLANNING AND REPORTING
  46-30  Sec. 2166.101.  COMPILATION OF CONSTRUCTION AND MAINTENANCE
  46-31                    INFORMATION
  46-32  Sec. 2166.102.  LONG-RANGE PLAN FOR STATE AGENCY SPACE NEEDS
  46-33  Sec. 2166.103.  BIENNIAL REPORT ON SPACE NEEDS
  46-34  Sec. 2166.104.  BIENNIAL REPORT ON REQUESTED PROJECTS
  46-35          (Sections 2166.105-2166.150 reserved for expansion)
  46-36              SUBCHAPTER D.  INDIVIDUAL PROJECT ANALYSIS
  46-37  Sec. 2166.151.  USING AGENCY'S GENERAL PROJECT DESCRIPTION;
  46-38                    INITIATION OF PROJECT ANALYSIS PROCESS
  46-39  Sec. 2166.152.  PREPARATION OF PROJECT ANALYSIS
  46-40  Sec. 2166.153.  CONTENTS OF PROJECT ANALYSIS
  46-41  Sec. 2166.154.  USE OF PROJECT ANALYSIS OR COST ESTIMATE IN
  46-42                    APPROPRIATIONS PROCESS
  46-43  Sec. 2166.155.  ESTIMATE OF PROJECT COSTS IN LIEU OF PROJECT
  46-44                    ANALYSIS
  46-45  Sec. 2166.156.  PREPARATION OF PRELIMINARY AND WORKING PLANS
  46-46                    AND SPECIFICATIONS
  46-47  Sec. 2166.157.  ACCOUNTING FOR PROJECT ANALYSIS EXPENSES
  46-48          (Sections 2166.158-2166.200 reserved for expansion)
  46-49              SUBCHAPTER E.  PRIVATE DESIGN PROFESSIONALS
  46-50  Sec. 2166.201.  COMMISSION FILES ON PRIVATE DESIGN
  46-51                    PROFESSIONALS
  46-52  Sec. 2166.202.  SELECTION OF PRIVATE DESIGN
  46-53                    PROFESSIONAL; RULES
  46-54  Sec. 2166.203.  INTERVIEW NOTIFICATION TO PRIVATE DESIGN
  46-55                    PROFESSIONAL
  46-56  Sec. 2166.204.  USING AGENCY RECOMMENDATIONS
  46-57  Sec. 2166.205.  COMPENSATION OF PRIVATE DESIGN PROFESSIONAL
  46-58  Sec. 2166.206.  INFORMATION FURNISHED BY STATE
  46-59          (Sections 2166.207-2166.250 reserved for expansion)
  46-60           SUBCHAPTER F.  PROJECT AUTHORIZATION; BIDDING AND
  46-61                          CONTRACT PROCEDURES
  46-62  Sec. 2166.251.  LEGISLATIVE AUTHORIZATIONS AND
  46-63                    APPROPRIATIONS
  46-64  Sec. 2166.252.  MODIFYING PROJECT TO CONFORM TO
  46-65                    APPROPRIATIONS
  46-66  Sec. 2166.253.  BIDDING PROCEDURES
  46-67  Sec. 2166.254.  REVIEW OF CERTAIN BIDS BY HISTORICAL
  46-68                    COMMISSION
  46-69  Sec. 2166.255.  AWARD OF CONTRACT
  46-70  Sec. 2166.256.  ACQUISITION OF ITEMS NOT FURNISHED UNDER
   47-1                    CONSTRUCTION CONTRACT
   47-2  Sec. 2166.257.  CONTRACT PAYMENT ADMINISTRATION
   47-3  Sec. 2166.258.  COMMON SURETY OR INSURER
   47-4  Sec. 2166.259.  SMALL CONTRACTOR PARTICIPATION ASSISTANCE
   47-5                    PROGRAM
   47-6          (Sections 2166.260-2166.300 reserved for expansion)
   47-7             SUBCHAPTER G.  UNIFORM GENERAL CONDITIONS IN
   47-8                     STATE CONSTRUCTION CONTRACTS
   47-9  Sec. 2166.301.  EXCEPTIONS
  47-10  Sec. 2166.302.  ADOPTION OF CONDITIONS
  47-11  Sec. 2166.303.  UNIFORM TRENCH SAFETY CONDITIONS
  47-12  Sec. 2166.304.  PRE-BID CONFERENCE
  47-13  Sec. 2166.305.  REVIEW OF UNIFORM GENERAL CONDITIONS
  47-14          (Sections 2166.306-2166.350 reserved for expansion)
  47-15                   SUBCHAPTER H.  PROJECT INSPECTION
  47-16  Sec. 2166.351.  DEFINITIONS
  47-17  Sec. 2166.352.  CATEGORIES OF INSPECTION
  47-18  Sec. 2166.353.  DETAILED INSPECTION
  47-19  Sec. 2166.354.  GENERAL INSPECTION
  47-20  Sec. 2166.355.  PROFESSIONAL INSPECTION; RELATED SERVICES
  47-21  Sec. 2166.356.  FINAL INSPECTION; FINAL PAYMENT; INSPECTION
  47-22                    DURING GUARANTEE PERIOD
  47-23          (Sections 2166.357-2166.400 reserved for expansion)
  47-24            SUBCHAPTER I.  CONSERVATION OF ENERGY AND WATER
  47-25  Sec. 2166.401.  EVALUATION OF ENERGY ALTERNATIVES
  47-26  Sec. 2166.402.  ENERGY CONSERVATION STANDARDS FOR ENTITIES
  47-27                    OTHERWISE EXCLUDED FROM CHAPTER
  47-28  Sec. 2166.403.  ALTERNATIVE ENERGY
  47-29  Sec. 2166.404.  XERISCAPE ON NEW CONSTRUCTION
  47-30  Sec. 2166.405.  XERISCAPE PHASE-IN
  47-31          (Sections 2166.406-2166.450 reserved for expansion)
  47-32           SUBCHAPTER J.  ACQUISITION OF EXISTING BUILDINGS
  47-33  Sec. 2166.451.  ACQUISITION OF HISTORIC STRUCTURES
  47-34  Sec. 2166.452.  ACQUISITION OF EXISTING BUILDING AS ALTERNATIVE
  47-35                    TO NEW CONSTRUCTION
  47-36  Sec. 2166.453.  ACQUISITION OF EXISTING BUILDING AS ALTERNATIVE
  47-37                    TO LEASING SPACE
  47-38          (Sections 2166.454-2166.500 reserved for expansion)
  47-39        SUBCHAPTER K.  MONUMENTS, MEMORIALS, AND HISTORIC SITES
  47-40  Sec. 2166.501.  MONUMENTS AND MEMORIALS
  47-41  Sec. 2166.502.  CONTRACTS WITH TEXAS HISTORICAL COMMISSION
  47-42  Sec. 2166.503.  ACQUISITION OF ARCHAEOLOGICAL, PALEONTOLOGICAL,
  47-43                    AND HISTORIC SITES
  47-44          (Sections 2166.504-2166.550 reserved for expansion)
  47-45              SUBCHAPTER L.  SPECIAL USES AND FACILITIES
  47-46  Sec. 2166.551.  CHILD CARE FACILITY IN STATE BUILDING
  47-47  Sec. 2166.552.  FINE ARTS PROJECTS
  47-48  Sec. 2166.553.  ACQUISITION AND CONSTRUCTION OF BUILDINGS FOR
  47-49                    HEALTH AND HUMAN SERVICE AGENCIES
  47-50         CHAPTER 2166.  BUILDING CONSTRUCTION AND ACQUISITION
  47-51                   SUBCHAPTER A.  GENERAL PROVISIONS
  47-52        Sec. 2166.001.  DEFINITIONS.  In this chapter:
  47-53              (1)  "Construction" includes acquisition and
  47-54  reconstruction.
  47-55              (2)  "Cost of a project" includes the cost of:
  47-56                    (A)  real estate;
  47-57                    (B)  other property;
  47-58                    (C)  rights and easements;
  47-59                    (D)  utility services;
  47-60                    (E)  site development;
  47-61                    (F)  construction and initial furnishing and
  47-62  equipment;
  47-63                    (G)  architectural, engineering, and legal
  47-64  services;
  47-65                    (H)  surveys, plans, and specifications; and
  47-66                    (I)  other costs, including those incurred by the
  47-67  commission, that are necessary or incidental to determining the
  47-68  feasibility or practicability of a project.
  47-69              (3)  "Private design professional" means a design
  47-70  professional as described by Subdivisions (6)(A) and (B)(ii).
   48-1              (4)  "Project" means a building construction project
   48-2  that is financed wholly or partly by a specific appropriation, a
   48-3  bond issue, or federal money.  The term includes the construction
   48-4  of:
   48-5                    (A)  a building, structure, or appurtenant
   48-6  facility or utility, including the acquisition and installation of
   48-7  original equipment and original furnishings; and
   48-8                    (B)  an addition to, or alteration,
   48-9  rehabilitation, or repair of, an existing building, structure, or
  48-10  appurtenant facility or utility.
  48-11              (5)  "Project analysis" means work done before the
  48-12  legislative appropriation for a project to develop a reliable
  48-13  estimate of the cost of the project to be used in the
  48-14  appropriations request.
  48-15              (6)  "Design professional" means an individual
  48-16  registered as an architect under Chapter 478, Acts of the 45th
  48-17  Legislature, Regular Session, 1937 (Article 249a, Vernon's Texas
  48-18  Civil Statutes), or a person registered as a professional engineer
  48-19  under The Texas Engineering Practice Act (Article 3271a, Vernon's
  48-20  Texas Civil Statutes):
  48-21                    (A)  who provides professional architectural or
  48-22  engineering services and has overall responsibility for the design
  48-23  of a building construction undertaking; and
  48-24                    (B)  who:
  48-25                          (i)  is employed on a salary basis; or
  48-26                          (ii)  is in private practice and is
  48-27  retained for a specific project under a contract with the
  48-28  commission.
  48-29              (7)  "Rehabilitation" includes renewal, restoration,
  48-30  extension, enlargement, and improvement.
  48-31              (8)  "Stage construction" means the construction of a
  48-32  project in phases, with each phase resulting in one or more
  48-33  buildings or structures that individually or together are capable
  48-34  of use, regardless of whether later phases of the project are
  48-35  authorized.
  48-36              (9)  "Using agency" means:
  48-37                    (A)  an instrumentality of the state that
  48-38  occupies and uses a state-owned or state-leased building; or
  48-39                    (B)  the commission, with respect to a
  48-40  state-owned building maintained by the commission.  (V.A.C.S.
  48-41  Art. 601b, Sec. 5.12 (part).)
  48-42        Sec. 2166.002.  APPLICABILITY OF CHAPTER.  This chapter
  48-43  applies only to a building construction project of the state.
  48-44  (V.A.C.S. Art. 601b, Sec. 5.13(a) (part).)
  48-45        Sec. 2166.003.  EXCEPTIONS.  (a)  Unless otherwise provided,
  48-46  this chapter does not apply to:
  48-47              (1)  a project constructed by and for the Texas
  48-48  Department of Transportation;
  48-49              (2)  a project constructed by and for a state
  48-50  institution of higher education;
  48-51              (3)  a pen, shed, or ancillary building constructed by
  48-52  and for the Department of Agriculture for the processing of
  48-53  livestock before export;
  48-54              (4)  a project constructed by the Parks and Wildlife
  48-55  Department;
  48-56              (5)  a repair or rehabilitation project, except a major
  48-57  renovation, of buildings and grounds on the commission inventory;
  48-58              (6)  a repair and rehabilitation project of another
  48-59  using agency, if all labor for the project is provided by the
  48-60  regular maintenance force of the using agency under specific
  48-61  legislative authorization and the project does not require the
  48-62  advance preparation of working plans or drawings; or
  48-63              (7)  a repair and rehabilitation project involving the
  48-64  use of contract labor, if the project has been excluded from this
  48-65  chapter by commission rule and does not require the advance
  48-66  preparation of working plans or drawings.
  48-67        (b)  Only Sections 2166.104, 2166.151-2166.155, 2166.251,
  48-68  2166.252, and Subchapter H apply to a construction project
  48-69  undertaken by or for the institutional division of the Texas
  48-70  Department of Criminal Justice.  (V.A.C.S. Art. 601b, Secs. 5.13(a)
   49-1  (part), (c), (d).)
   49-2        Sec. 2166.004.  ADDITIONAL EXCEPTIONS.  In addition to the
   49-3  exceptions provided by Section 2166.003, this chapter does not
   49-4  apply to:
   49-5              (1)  a project constructed by or under the supervision
   49-6  of a public authority created by the laws of this state; or
   49-7              (2)  a state-aided local government project.  (V.A.C.S.
   49-8  Art. 601b, Sec. 5.14.)
   49-9        Sec. 2166.005.  COMMISSION PARTICIPATION IN OTHER BUILDING
  49-10  PROJECTS.  (a)  Section 2166.003 does not prohibit the commission
  49-11  from undertaking on a cost recovery basis a project generally
  49-12  excluded from the application of this chapter by that section.
  49-13        (b)  A service provided under this section is not subject to
  49-14  the requirements of Chapter 771.  The commission shall establish a
  49-15  system of charges and billings for services provided to ensure
  49-16  recovery of the cost of providing the services and shall submit a
  49-17  purchase voucher or a journal voucher after the close of each month
  49-18  to an agency for which services were performed.  (V.A.C.S.
  49-19  Art. 601b, Sec. 5.13(b) (part).)
  49-20        Sec. 2166.006.  LEGAL REPRESENTATION OF COMMISSION.  (a)  The
  49-21  attorney general shall represent the commission in legal matters.
  49-22        (b)  The attorney general may employ special assistants to
  49-23  assist in the performance of duties arising under this chapter.
  49-24  (V.A.C.S. Art. 601b, Sec. 5.15(e).)
  49-25        Sec. 2166.007.  VENUE.  A suit for breach of a contract under
  49-26  this chapter shall be brought in Travis County.  (V.A.C.S.
  49-27  Art. 601b, Sec. 5.15(f).)
  49-28          (Sections 2166.008-2166.050 reserved for expansion)
  49-29        SUBCHAPTER B.  GENERAL POWERS AND DUTIES OF COMMISSION
  49-30        Sec. 2166.051.  ADMINISTERING AGENCY.  The commission shall
  49-31  administer this chapter.  (V.A.C.S. Art. 601b, Sec. 5.15(a)
  49-32  (part).)
  49-33        Sec. 2166.052.  ACQUISITION AND DISPOSITION OF PROPERTY.
  49-34  (a)  The commission, as provided by law and by legislative
  49-35  appropriation, may:
  49-36              (1)  acquire necessary real and personal property and
  49-37  modernize, remodel, build, or equip buildings for state purposes;
  49-38  and
  49-39              (2)  contract as necessary to accomplish these
  49-40  purposes.
  49-41        (b)  The commission may not sell or otherwise dispose of real
  49-42  property of the state except by specific authority granted by the
  49-43  legislature.  (V.A.C.S. Art. 601b, Sec. 5.01(a).)
  49-44        Sec. 2166.053.  CONTRACT AUTHORITY.  To the extent permitted
  49-45  by appropriations, the commission may take action and contract to
  49-46  obtain sites that it considers necessary for the orderly future
  49-47  development of the state building program.  (V.A.C.S. Art. 601b,
  49-48  Sec. 5.02(a).)
  49-49        Sec. 2166.054.  TITLE TO AND CONTROL OF BUILDINGS; INITIAL
  49-50  OCCUPANTS.  (a)  The commission shall obtain title for the state
  49-51  and retain control of:
  49-52              (1)  real property acquired for a building site; and
  49-53              (2)  any building located on the site.
  49-54        (b)  The commission or the legislature shall determine the
  49-55  initial state agency occupants of a building.
  49-56        (c)  This section applies only to a state building that has
  49-57  been or may be constructed in the municipality of Austin by the
  49-58  commission.  (V.A.C.S. Art. 601b, Sec. 5.04.)
  49-59        Sec. 2166.055.  EMINENT DOMAIN.  The commission may exercise
  49-60  the power of eminent domain under the general laws to obtain a
  49-61  building site.  (V.A.C.S. Art. 601b, Sec. 5.03.)
  49-62        Sec. 2166.056.  GRANT OF EASEMENT OR RIGHT-OF-WAY.  (a)  The
  49-63  commission may grant a permanent or temporary easement or
  49-64  right-of-way over and on the land of a state agency on a project
  49-65  administered by the commission if it is necessary to ensure the
  49-66  efficient and expeditious construction, improvement, renovation,
  49-67  use, or operation of a building or facility of the project.
  49-68        (b)  The commission shall submit an easement or right-of-way
  49-69  that may extend beyond the period of construction to the asset
  49-70  management division of the General Land Office for written comment
   50-1  not later than the 30th day before the date it is granted by the
   50-2  commission.
   50-3        (c)  The commission shall consider comments submitted by the
   50-4  asset management division of the General Land Office before
   50-5  granting an easement or right-of-way.  (V.A.C.S. Art. 601b, Sec.
   50-6  5.11.)
   50-7        Sec. 2166.057.  COORDINATION OF MULTIAGENCY PROJECTS.  The
   50-8  commission is the coordinating authority for the construction of
   50-9  any multiagency state office building authorized by the
  50-10  legislature.  (V.A.C.S. Art. 601b, Sec. 5.15(a) (part).)
  50-11        Sec. 2166.058.  ASSISTANCE BY OTHER AGENCIES.  (a)  The
  50-12  commission may call on a department of state government to assist
  50-13  it in executing this chapter.
  50-14        (b)  The commission may call on the Texas Department of
  50-15  Transportation to make appropriate tests and analyses of the
  50-16  natural materials at the site of a building proposed to be
  50-17  constructed under this chapter to ensure that the foundation of the
  50-18  building is adequate for the building's life.  (V.A.C.S. Art. 601b,
  50-19  Secs. 5.02(b), 5.05.)
  50-20        Sec. 2166.059.  ASSIGNMENT OF COMMISSION EMPLOYEE TO OTHER
  50-21  AGENCY.  (a)  The commission may assign a qualified professional
  50-22  employee to a using agency if, because of the volume of projects,
  50-23  the commission and using agency agree that full-time coordination
  50-24  between them is beneficial.  The commission and using agency shall
  50-25  jointly determine the qualifications and duties of the assigned
  50-26  employee.
  50-27        (b)  The salary and related expenses of an assigned employee
  50-28  shall be charged against the projects of the using agency to which
  50-29  the employee is assigned.
  50-30        (c)  The commission shall terminate the assignment if the
  50-31  commission determines it is not required.  (V.A.C.S. Art. 601b,
  50-32  Sec. 5.15(c).)
  50-33        Sec. 2166.060.  SITE SELECTION AND CONSTRUCTION IN TEXAS
  50-34  MUNICIPALITIES.  (a)  The commission may select and purchase a site
  50-35  in a municipality in this state to construct a state office
  50-36  building and adjoining parking spaces if the construction is
  50-37  considered necessary to house a state department or agency in the
  50-38  municipality.
  50-39        (b)  The commission may plan, construct, and initially equip
  50-40  a state office building and adjoining parking spaces on the site
  50-41  selected and purchased.  (V.A.C.S. Art. 601b, Sec. 5.10(a).)
  50-42        Sec. 2166.061.  GENERAL COMMISSION OVERSIGHT DURING
  50-43  CONSTRUCTION.  The commission is responsible for protecting the
  50-44  state's interests during the actual construction of a project
  50-45  subject to this chapter.  (V.A.C.S. Art. 601b, Sec. 5.21 (part).)
  50-46        Sec. 2166.062.  RULEMAKING AUTHORITY.  (a)  The commission
  50-47  may adopt rules necessary to implement its powers and duties under
  50-48  this chapter.
  50-49        (b)  A rule adopted under this section is binding on a state
  50-50  agency on filing of the rule with the secretary of state.
  50-51        (c)  The commission shall prepare and publish a manual to
  50-52  assist using agencies in complying with this chapter and commission
  50-53  rules.
  50-54        (d)  Copies of the manual required by this section shall be:
  50-55              (1)  distributed to using agencies; and
  50-56              (2)  available to architects, engineers, contractors,
  50-57  and others who need and request copies.  (V.A.C.S. Art. 601b, Sec.
  50-58  5.15(d).)
  50-59        Sec. 2166.063.  FEDERAL REQUIREMENTS.  (a)  The commission
  50-60  may waive, suspend, or modify a provision of this chapter that
  50-61  conflicts with a federal statute or a rule, regulation, or
  50-62  administrative procedure of a federal agency if a waiver,
  50-63  suspension, or modification is essential to receive federal money
  50-64  for a project.
  50-65        (b)  If a project is wholly financed with federal money, a
  50-66  standard required by an enabling federal statute or required by a
  50-67  rule or regulation of the administering federal agency controls.
  50-68  (V.A.C.S. Art. 601b, Sec. 5.15(g).)
  50-69          (Sections 2166.064-2166.100 reserved for expansion)
  50-70            SUBCHAPTER C.  STATEWIDE PLANNING AND REPORTING
   51-1        Sec. 2166.101.  COMPILATION OF CONSTRUCTION AND MAINTENANCE
   51-2  INFORMATION.  (a)  This section applies to a state-owned building,
   51-3  including a building otherwise exempt from this chapter under
   51-4  Section 2166.003.
   51-5        (b)  The commission shall biennially obtain the following
   51-6  information for each state-owned building from the using agency:
   51-7              (1)  the year of completion;
   51-8              (2)  the general construction type;
   51-9              (3)  the size;
  51-10              (4)  the use; and
  51-11              (5)  the general condition.
  51-12        (c)  The commission shall, for a building completed on or
  51-13  after September 1, 1979, obtain from a using agency information
  51-14  showing the total cost of the project and the cost of construction
  51-15  with other information necessary to meaningfully compare the cost
  51-16  of similar buildings.
  51-17        (d)  The commission shall summarize its findings on the
  51-18  status of state-owned buildings and current information on
  51-19  construction costs in a report it shall make available to the
  51-20  governor, the legislature, and the state's budget offices.
  51-21        (e)  State agencies, departments, and institutions shall
  51-22  cooperate with the commission in providing the information
  51-23  necessary for the report.  (V.A.C.S. Art. 601b, Secs. 5.13(b)
  51-24  (part), 5.31.)
  51-25        Sec. 2166.102.  LONG-RANGE PLAN FOR STATE AGENCY SPACE NEEDS.
  51-26  (a)  The commission shall prepare a long-range plan on the needs of
  51-27  state agencies in Travis County that obtain or occupy space under
  51-28  this subtitle.
  51-29        (b)  The commission shall maintain a six-year capital
  51-30  planning cycle and shall file a master facilities plan with the
  51-31  Governor's Office of Budget and Planning and the Legislative Budget
  51-32  Board before July 1 of each even-numbered year.
  51-33        (c)  The master facilities plan must contain:
  51-34              (1)  a projection of the amount of space needed by
  51-35  state agencies;
  51-36              (2)  an examination of the use, age, condition, and
  51-37  economic life of state-owned buildings on the commission's
  51-38  inventory;
  51-39              (3)  an analysis, in accordance with Subchapter D, of
  51-40  projects that have been requested by state agencies;
  51-41              (4)  an examination of the extent to which the state
  51-42  satisfies its need for space by leasing building space;
  51-43              (5)  an examination of state-paid operation and
  51-44  maintenance costs, including costs for telecommunications services,
  51-45  for existing buildings owned or leased by the state;
  51-46              (6)  a discussion of the economic and market conditions
  51-47  affecting the costs of the construction or lease of buildings;
  51-48              (7)  an analysis of whether the state will benefit more
  51-49  from satisfying its needs for space by:
  51-50                    (A)  engaging in new projects;
  51-51                    (B)  leasing built space; or
  51-52                    (C)  satisfying its needs in another manner; and
  51-53              (8)  other information relevant to the long-range plan
  51-54  that is:
  51-55                    (A)  considered appropriate by the commission; or
  51-56                    (B)  requested in writing by the governor or the
  51-57  presiding officer of either house of the legislature.
  51-58        (d)  Each state agency housed wholly or partly in a facility
  51-59  on the commission's inventory or in a facility leased by the
  51-60  commission shall participate in the long-range planning process
  51-61  required by this section.  (V.A.C.S. Art. 601b, Sec. 5.35.)
  51-62        Sec. 2166.103.  BIENNIAL REPORT ON SPACE NEEDS.  (a)  The
  51-63  commission shall continuously survey the state's office space needs
  51-64  to determine the space needed and the location of the need.
  51-65        (b)  Before each legislative session, the commission shall
  51-66  send to the governor, the lieutenant governor, the speaker of the
  51-67  house of representatives, and the Legislative Budget Board a report
  51-68  identifying counties in which more than 50,000 square feet of
  51-69  usable office space is needed and the commission's recommendations
  51-70  for meeting that need.  The commission may recommend leasing or
   52-1  purchasing and renovating one or more existing buildings or
   52-2  constructing one or more buildings.
   52-3        (c)  The commission may collect appropriate information it
   52-4  considers necessary for preparing its recommendations and report.
   52-5  (V.A.C.S. Art. 601b, Sec. 5.34(a).)
   52-6        Sec. 2166.104.  BIENNIAL REPORT ON REQUESTED PROJECTS.
   52-7  (a)  On or before a date specified by the state's budget agencies
   52-8  in each year immediately preceding a regular session of the
   52-9  legislature, the commission shall send to the budget agencies a
  52-10  report listing all projects requested under Subchapter D.
  52-11        (b)  The report must contain:
  52-12              (1)  a brief and specific justification prepared by the
  52-13  using agency for each project;
  52-14              (2)  a summary of the project analysis or, if the
  52-15  analysis was not made, a statement briefly describing the method
  52-16  used to estimate costs for the project;
  52-17              (3)  a project cost estimate developed in accordance
  52-18  with Subchapter D, detailed enough to allow the budget agencies,
  52-19  the governor, and the legislature the widest possible latitude in
  52-20  developing policy regarding each project request;
  52-21              (4)  an estimate, prepared by the commission with the
  52-22  cooperation of both the using agency and any private design
  52-23  professional retained, of the annual cost of maintaining the
  52-24  completed project, including the estimated cost of utility
  52-25  services; and
  52-26              (5)  an estimate, prepared by the using agency, of the
  52-27  annual cost of staffing and operating the completed project,
  52-28  excluding maintenance cost.
  52-29        (c)  If appropriate, the commission, with the using agency's
  52-30  approval, may indicate:
  52-31              (1)  the feasibility of stage construction of a
  52-32  requested project; and
  52-33              (2)  the degree to which money will be required in the
  52-34  next biennium if the project is undertaken in stages.
  52-35        (d)  If a using agency requests three or more projects, it
  52-36  shall designate its priority rating for each project.  The budget
  52-37  agencies shall, with the commission's cooperation, develop detailed
  52-38  instructions to implement the priority system required by this
  52-39  subsection.  The commission's report must show the designated
  52-40  priority of each project to which a priority rating has been
  52-41  assigned.  (V.A.C.S. Art. 601b, Secs. 5.16(e), (f).)
  52-42          (Sections 2166.105-2166.150 reserved for expansion)
  52-43              SUBCHAPTER D.  INDIVIDUAL PROJECT ANALYSIS
  52-44        Sec. 2166.151.  USING AGENCY'S GENERAL PROJECT DESCRIPTION;
  52-45  INITIATION OF PROJECT ANALYSIS PROCESS.  (a)  A using agency
  52-46  requesting a project shall prepare and send to the commission a
  52-47  general description of the project.
  52-48        (b)  The commission shall study a project description sent to
  52-49  it and shall initiate the preparation of a project analysis for:
  52-50              (1)  a new construction project; and
  52-51              (2)  any other project for which, in the commission's
  52-52  opinion, the cost of preparing a project analysis is justified.
  52-53  (V.A.C.S. Art. 601b, Sec. 5.16(a).)
  52-54        Sec. 2166.152.  PREPARATION OF PROJECT ANALYSIS.  (a)  The
  52-55  commission may retain a private design professional or use its own
  52-56  staff to prepare a project analysis.
  52-57        (b)  A private design professional retained to prepare a
  52-58  project analysis shall be selected as provided by Subchapter E.
  52-59        (c)  In preparing a project analysis, the commission and any
  52-60  private design professional it retains shall cooperate and work
  52-61  closely with the using agency so that the project analysis fully
  52-62  reflects the using agency's needs.
  52-63        (d)  A contract to prepare a project analysis must specify
  52-64  that the analysis becomes the commission's property.  (V.A.C.S.
  52-65  Art. 601b, Secs. 5.16(b), (c) (part).)
  52-66        Sec. 2166.153.  CONTENTS OF PROJECT ANALYSIS.  (a)  A project
  52-67  analysis consists of:
  52-68              (1)  a complete description of the project and a
  52-69  justification of the project prepared by the using agency;
  52-70              (2)  a detailed estimate of the amount of space needed
   53-1  to meet the needs of the using agency and to allow for realistic
   53-2  growth;
   53-3              (3)  a description of the proposed project prepared by
   53-4  a design professional that:
   53-5                    (A)  includes schematic plans and outline
   53-6  specifications describing the type of construction and probable
   53-7  materials to be used; and
   53-8                    (B)  is sufficient to establish the general scope
   53-9  and quality of construction;
  53-10              (4)  an estimate of the probable cost of construction;
  53-11              (5)  a description of the proposed site of the project
  53-12  and an estimate of the cost of site preparation;
  53-13              (6)  an overall estimate of the cost of the project;
  53-14              (7)  information prepared under Section 2166.451 about
  53-15  historic structures considered as alternatives to new construction;
  53-16              (8)  an evaluation of energy alternatives as required
  53-17  by Section 2166.401; and
  53-18              (9)  other information required by the commission.
  53-19        (b)  A project analysis may include two or more alternative
  53-20  proposals for meeting the using agency's space needs by:
  53-21              (1)  new construction;
  53-22              (2)  the acquisition and rehabilitation of an existing
  53-23  or historic structure; or
  53-24              (3)  a combination of new and existing structures.
  53-25        (c)  If any part of a project involves the construction or
  53-26  rehabilitation of a building that is to be used primarily as a
  53-27  parking garage or for office space for state government, the
  53-28  project analysis also must include:
  53-29              (1)  a description of the amount and location of space
  53-30  in the building that can be made available for lease to private
  53-31  tenants under Subchapter E, Chapter 2165; or
  53-32              (2)  a statement of the reason that lease of space in
  53-33  the building to private tenants is not feasible.
  53-34        (d)  All estimates involved in the preparation of a project
  53-35  analysis shall be carefully and fully documented and incorporated
  53-36  into the project analysis.  (V.A.C.S. Art. 601b, Sec. 5.16(c)
  53-37  (part).)
  53-38        Sec. 2166.154.  USE OF PROJECT ANALYSIS OR COST ESTIMATE IN
  53-39  APPROPRIATIONS PROCESS.  The using agency shall use the cost of the
  53-40  project as determined by the project analysis or the cost estimate
  53-41  developed under Section 2166.155 as the basis of a request to the
  53-42  state's budget offices.  (V.A.C.S. Art. 601b, Secs. 5.16(c) (part),
  53-43  (d) (part).)
  53-44        Sec. 2166.155.  ESTIMATE OF PROJECT COSTS IN LIEU OF PROJECT
  53-45  ANALYSIS.  (a)  If the commission determines that the cost of a
  53-46  project analysis is not justified or required, the commission
  53-47  shall, in cooperation with the using agency, develop a realistic
  53-48  estimate of the project's cost.
  53-49        (b)  If necessary, the commission shall arrange for an
  53-50  on-site inspection and analysis of the proposed project by a
  53-51  commission staff member.
  53-52        (c)  The commission shall inform a using agency of a cost
  53-53  estimate developed under this section.  (V.A.C.S. Art. 601b, Sec.
  53-54  5.16(d) (part).)
  53-55        Sec. 2166.156.  PREPARATION OF PRELIMINARY AND WORKING PLANS
  53-56  AND SPECIFICATIONS.  (a)  The preliminary plans and outline
  53-57  specifications and the working plans and specifications for a
  53-58  project shall be prepared by:
  53-59              (1)  a private design professional selected and
  53-60  retained by the commission in accordance with Subchapter E; or
  53-61              (2)  unless the commission is required to retain a
  53-62  design professional under Subsection (b), the commission's
  53-63  professional staff.
  53-64        (b)  The commission shall retain a private design
  53-65  professional for:
  53-66              (1)  a new construction project estimated to cost more
  53-67  than $100,000; or
  53-68              (2)  a new construction project for which the using
  53-69  agency requests a private design professional.
  53-70        (c)  The commission shall ensure that plans and
   54-1  specifications:
   54-2              (1)  are clear and complete;
   54-3              (2)  permit execution of the project with appropriate
   54-4  economy and efficiency; and
   54-5              (3)  conform with the requirements described by the
   54-6  previously prepared project analysis.
   54-7        (d)  The commission must approve plans and specifications
   54-8  before the using agency may accept or use them.  (V.A.C.S.
   54-9  Art. 601b, Sec. 5.20(a).)
  54-10        Sec. 2166.157.  ACCOUNTING FOR PROJECT ANALYSIS EXPENSES.
  54-11  When the legislature approves a project and appropriates money for
  54-12  its construction, the engineering, architectural, and other
  54-13  planning expenses necessary to make a project analysis are the
  54-14  first charge against the project for which the analysis was made.
  54-15  (V.A.C.S. Art. 601b, Sec. 5.24 (part).)
  54-16          (Sections 2166.158-2166.200 reserved for expansion)
  54-17              SUBCHAPTER E.  PRIVATE DESIGN PROFESSIONALS
  54-18        Sec. 2166.201.  COMMISSION FILES ON PRIVATE DESIGN
  54-19  PROFESSIONALS.  (a)  The commission shall maintain a file of all
  54-20  prospective private design professionals who express an interest in
  54-21  building construction projects of the state.
  54-22        (b)  The commission shall include in the file information
  54-23  that the commission considers essential and advisable, with
  54-24  brochures and exhibits submitted by each private design
  54-25  professional.
  54-26        (c)  A prospective private design professional may submit
  54-27  additional brochures, exhibits, and information that the design
  54-28  professional considers necessary to keep the files current and that
  54-29  are in accordance with the design professional's ethical practice.
  54-30        (d)  A using agency may inspect the files.  (V.A.C.S.
  54-31  Art. 601b, Sec. 5.22(a).)
  54-32        Sec. 2166.202.  SELECTION OF PRIVATE DESIGN PROFESSIONAL;
  54-33  RULES.  (a)  The commission is responsible for selecting any
  54-34  private design professional retained for a project subject to this
  54-35  chapter.
  54-36        (b)  The commission, in consultation with the Texas Board of
  54-37  Architectural Examiners and the State Board of Registration for
  54-38  Professional Engineers, shall adopt by rule criteria to evaluate
  54-39  the competence and qualifications of a prospective private design
  54-40  professional.
  54-41        (c)  The commission shall select a private design
  54-42  professional in accordance with a rule adopted under this section
  54-43  and the ethical standards of the professional societies of
  54-44  architects and engineers.  (V.A.C.S. Art. 601b, Secs. 5.22(b)
  54-45  (part), (c) (part).)
  54-46        Sec. 2166.203.  INTERVIEW NOTIFICATION TO PRIVATE DESIGN
  54-47  PROFESSIONAL.  (a)  The commission shall notify a private design
  54-48  professional selected for an interview of the person's selection
  54-49  not later than the 30th day before the date of the interview to
  54-50  allow preparation for the interview.
  54-51        (b)  Subsection (a) does not apply in an emergency situation
  54-52  that:
  54-53              (1)  presents an imminent peril to the public health,
  54-54  safety, or welfare;
  54-55              (2)  presents an imminent peril to property;
  54-56              (3)  requires expeditious action to prevent a hazard to
  54-57  life, health, safety, welfare, or property; or
  54-58              (4)  requires expeditious action to avoid undue
  54-59  additional cost to the state.  (V.A.C.S. Art. 601b, Secs. 5.22(b)
  54-60  (part), (d).)
  54-61        Sec. 2166.204.  USING AGENCY RECOMMENDATIONS.  The commission
  54-62  shall request that the using agency make recommendations regarding
  54-63  private project designers.  The commission shall consider the
  54-64  recommendations in selecting a private design professional to be
  54-65  retained for a particular project.  (V.A.C.S. Art. 601b, Sec.
  54-66  5.22(c) (part).)
  54-67        Sec. 2166.205.  COMPENSATION OF PRIVATE DESIGN PROFESSIONAL.
  54-68  (a)  A private design professional retained under this chapter
  54-69  shall be compensated under this section.
  54-70        (b)  The commission shall establish compensation for a new
   55-1  project or rehabilitation project by studying compensation paid in
   55-2  this state by private clients for projects of comparable size and
   55-3  complexity.  Compensation may not exceed the minimum recommended
   55-4  for similar projects by the:
   55-5              (1)  Texas Society of Architects, if the private design
   55-6  professional is an architect; or
   55-7              (2)  Texas Society of Professional Engineers, if the
   55-8  private design professional is an engineer.
   55-9        (c)  Compensation established by the commission covers all
  55-10  professional services rendered by a private design professional,
  55-11  including professional inspection as defined by Section 2166.351.
  55-12  If the commission requires detailed inspection as defined by
  55-13  Section 2166.351, the commission shall increase compensation by an
  55-14  amount equal to the actual cost of providing the detailed
  55-15  inspection.
  55-16        (d)  Compensation for preparation of a project analysis under
  55-17  Subchapter D may not exceed one percent of the estimated cost of
  55-18  construction.  If the project is approved by the legislature in
  55-19  substantially the form originally requested and the same private
  55-20  design professional is retained for the later phases of design,
  55-21  compensation paid for preparing the project analysis under this
  55-22  subsection shall be deducted from compensation paid under
  55-23  Subsections (b) and (c).  (V.A.C.S. Art. 601b, Sec. 5.23 (part).)
  55-24        Sec. 2166.206.  INFORMATION FURNISHED BY STATE.  The state
  55-25  shall furnish to a private design professional retained under this
  55-26  chapter:
  55-27              (1)  detailed information on space requirements and
  55-28  relationships and the justification for, use of, and general
  55-29  requirements for the project; and
  55-30              (2)  a complete site survey and soil analysis.
  55-31  (V.A.C.S. Art. 601b, Sec. 5.23 (part).)
  55-32          (Sections 2166.207-2166.250 reserved for expansion)
  55-33           SUBCHAPTER F.  PROJECT AUTHORIZATION; BIDDING AND
  55-34                          CONTRACT PROCEDURES
  55-35        Sec. 2166.251.  LEGISLATIVE AUTHORIZATIONS AND
  55-36  APPROPRIATIONS.  (a)  Only the legislature may authorize a project.
  55-37        (b)  A legislative appropriation for a project is directly to
  55-38  a using agency unless the project is to be constructed by the
  55-39  commission, in which event the appropriation is to the commission.
  55-40        (c)  An appropriation for the construction of a project
  55-41  expresses the legislative intent that the project be completed
  55-42  within the limits of the appropriation.
  55-43        (d)  If the legislative authorization provides for stage
  55-44  construction of a project, the commission shall proceed with the
  55-45  project through the specifically authorized stage.  (V.A.C.S.
  55-46  Art. 601b, Secs. 5.17(a), (b) (part), (c).)
  55-47        Sec. 2166.252.  MODIFYING PROJECT TO CONFORM TO
  55-48  APPROPRIATIONS.  (a)  If money appropriated for a project is less
  55-49  than the amount originally requested or is less than the amount
  55-50  required for the project as originally submitted to the state
  55-51  budget agencies, the commission and the using agency shall confer
  55-52  on how to bring the project cost within the amount appropriated.
  55-53  The commission and the using agency shall make every effort to
  55-54  comply with legislative intent to modify the project as originally
  55-55  submitted.
  55-56        (b)  The commission shall notify the using agency that it
  55-57  considers the project canceled if it is impossible to modify the
  55-58  project to bring the cost within the amount appropriated.
  55-59        (c)  If authorized by an act appropriating money for a
  55-60  project, a using agency may appeal the decision of the commission
  55-61  to cancel a project to the governor by submitting a request that:
  55-62              (1)  the project be undertaken as stage construction;
  55-63  or
  55-64              (2)  the money available for the project be
  55-65  supplemented by the transfer of money appropriated to the same
  55-66  using agency for other projects of equal or lower priority or from
  55-67  the unused contingency reserves of any project of the same using
  55-68  agency.
  55-69        (d)  The governor shall, after obtaining the advice of the
  55-70  Legislative Budget Board, rule on a request submitted under
   56-1  Subsection (c).  If the ruling favors the using agency, the
   56-2  commission shall proceed with the project.  (V.A.C.S. Art. 601b,
   56-3  Sec. 5.17(b) (part).)
   56-4        Sec. 2166.253.  BIDDING PROCEDURES.  (a)  After final
   56-5  approval of a project's working plans and specifications and their
   56-6  acceptance by a using agency, the commission shall advertise in two
   56-7  or more newspapers of general circulation for bids or proposals for
   56-8  the construction of and related work on the project.
   56-9        (b)  The commission shall allow bidders not less than 30 days
  56-10  after the date the commission issues the bid documents to respond
  56-11  to an invitation to bid.  The commission may shorten the time for
  56-12  response to prevent undue additional costs to a state agency or,
  56-13  for emergency projects, to prevent or remove a hazard to life or
  56-14  property.  (V.A.C.S. Art. 601b, Sec. 5.20(c) (part).)
  56-15        Sec. 2166.254.  REVIEW OF CERTAIN BIDS BY HISTORICAL
  56-16  COMMISSION.  (a)  Before a contract is awarded for the major repair
  56-17  or renovation of a state structure designated by the Texas
  56-18  Historical Commission as a Recorded Texas Historic Landmark, the
  56-19  commission shall forward to the Texas Historical Commission a copy
  56-20  of bids received and an evaluation of the bidders' qualifications.
  56-21        (b)  The Texas Historical Commission shall review the bids
  56-22  and qualifications and recommend to the commission the bidder to
  56-23  which the award should be made.
  56-24        (c)  The commission may award the contract to a bidder other
  56-25  than the lowest bidder based on the Texas Historical Commission's
  56-26  recommendation.  (V.A.C.S. Art. 601b, Sec. 5.20(d).)
  56-27        Sec. 2166.255.  AWARD OF CONTRACT.  (a)  A contract shall be
  56-28  awarded to the qualified bidder making the lowest and best bid in
  56-29  accordance with the law on awarding a state contract.
  56-30        (b)  The commission may reject all bids.
  56-31        (c)  A contract may not be awarded for an amount greater than
  56-32  the amount that the comptroller certifies to be available for the
  56-33  project.  (V.A.C.S. Art. 601b, Sec. 5.20(c) (part).)
  56-34        Sec. 2166.256.  ACQUISITION OF ITEMS NOT FURNISHED UNDER
  56-35  CONSTRUCTION CONTRACT.  Equipment or furnishings not constructed or
  56-36  installed under a construction contract shall be acquired through
  56-37  regular state purchasing methods.  (V.A.C.S.  Art. 601b, Sec.
  56-38  5.20(g).)
  56-39        Sec. 2166.257.  CONTRACT PAYMENT ADMINISTRATION.  (a)  On
  56-40  receipt of notice and itemized statements from the commission, the
  56-41  comptroller shall:
  56-42              (1)  account for prior expenditures on behalf of a
  56-43  project as expenditures from the project's appropriation, based on
  56-44  the amount of those expenditures certified by the commission; and
  56-45              (2)  reserve from a project's appropriation an amount
  56-46  estimated by the commission to be sufficient to cover contingencies
  56-47  over the amounts obligated by contract or otherwise for:
  56-48                    (A)  planning, engineering, and architectural
  56-49  work;
  56-50                    (B)  site acquisition and development; and
  56-51                    (C)  construction, equipment, and furnishings
  56-52  contracts.
  56-53        (b)  The money reserved under Subsection (a)(2) may be used
  56-54  only if:
  56-55              (1)  the design professional or contractor recommends
  56-56  and justifies the proposed contingency expenditures by submitting a
  56-57  change order request;
  56-58              (2)  the proposed change order request is approved by
  56-59  the design professional;
  56-60              (3)  the proposed change order request is approved by
  56-61  the using agency and the agency makes a formal request for the
  56-62  allocation of money from the contingency reserve; and
  56-63              (4)  the director of facilities construction and space
  56-64  management appointed under Section 2152.104 investigates the nature
  56-65  of the change order and concurs in the necessity of the proposed
  56-66  expenditure or refuses to concur not later than the 15th day after
  56-67  the date of receiving the request.
  56-68        (c)  If the director of facilities construction and space
  56-69  management refuses to concur in a proposed contingency expenditure,
  56-70  the using agency may appeal to the commission.  The commission's
   57-1  findings are final.  The commission shall adopt rules on the
   57-2  procedures for an appeal under this subsection.
   57-3        (d)  If an approved change order results in a reduction of
   57-4  construction cost, the amount of the contingency reserve shall be
   57-5  increased by the amount of the reduction.
   57-6        (e)  The comptroller shall issue warrants to pay progress
   57-7  payments and final payments on construction under this chapter on
   57-8  the commission's written approval.  (V.A.C.S. Art. 601b, Secs.
   57-9  5.20(e), (f).)
  57-10        Sec. 2166.258.  COMMON SURETY OR INSURER.  (a)  The
  57-11  commission or an agency whose project is exempted from all or part
  57-12  of this chapter under Section 2166.003 may negotiate an arrangement
  57-13  advantageous to the state with a surety or an insurer, as
  57-14  appropriate, authorized to do business in this state to furnish
  57-15  bonds, insurance, or both that a contractor or subcontractor is
  57-16  required to execute or carry to receive a contract or subcontract
  57-17  on a project administered by the commission or other agency.
  57-18        (b)  Notwithstanding Section 1, Chapter 87, Acts of the 56th
  57-19  Legislature, Regular Session, 1959 (Article 7.19-1, Vernon's Texas
  57-20  Insurance Code), the commission or other agency may require a
  57-21  contractor or subcontractor to meet part or all of the bonding or
  57-22  insurance requirements for the project under the arrangement
  57-23  negotiated by the commission or other agency.  (V.A.C.S. Art. 601b,
  57-24  Sec. 5.265.)
  57-25        Sec. 2166.259.  SMALL CONTRACTOR PARTICIPATION ASSISTANCE
  57-26  PROGRAM.  (a)  This section applies only to a contract for a public
  57-27  works project that has an estimated cost of more than $20 million.
  57-28        (b)  The commission shall maintain a small contractor
  57-29  participation assistance program to ensure full opportunity for
  57-30  participation in public works projects by small contractors.  The
  57-31  program must include a:
  57-32              (1)  system for the centralized purchase of necessary
  57-33  insurance coverage for the public works project that is required
  57-34  under Subsection (c);
  57-35              (2)  public outreach plan to:
  57-36                    (A)  provide public information about the
  57-37  program; and
  57-38                    (B)  encourage small contractors to participate
  57-39  in the program;
  57-40              (3)  technical assistance plan to aid small contractors
  57-41  in developing the skills necessary to participate in the program in
  57-42  accordance with Subsection (d); and
  57-43              (4)  financing assistance plan to provide
  57-44  administrative and other assistance to small contractors in
  57-45  obtaining necessary financing arrangements to make the
  57-46  participation of those contractors possible.
  57-47        (c)  The commission shall provide for the centralized
  57-48  purchasing of:
  57-49              (1)  workers' compensation insurance coverage;
  57-50              (2)  employer's liability insurance coverage;
  57-51              (3)  commercial general and excess liability coverage;
  57-52              (4)  payment and performance bonds; and
  57-53              (5)  other similar coverage the commission considers
  57-54  necessary and reasonable for the public works project.
  57-55        (d)  A technical assistance plan adopted by the commission
  57-56  must include information on and assistance in:
  57-57              (1)  bid estimation, the bidding process, scheduling,
  57-58  and the understanding of bid documents;
  57-59              (2)  the reading of construction drawings and other
  57-60  analogous documents;
  57-61              (3)  business accounting, bonds, and bond requirements;
  57-62              (4)  negotiation with general contractors; and
  57-63              (5)  other technical and administrative matters
  57-64  considered appropriate and necessary given the complexity and scope
  57-65  of the public works project.
  57-66        (e)  The commission may negotiate contracts with persons or
  57-67  firms having expertise in the areas that must be included in the
  57-68  commission's technical assistance plan to provide the information
  57-69  and assistance.
  57-70        (f)  In this section:
   58-1              (1)  "Public works project" means a construction
   58-2  project designed to serve the public necessity, use, or convenience
   58-3  that is undertaken and executed by the commission, including a
   58-4  project for the construction, alteration, or repair of a public
   58-5  building.
   58-6              (2)  "Small contractor" means a contractor that
   58-7  operates as a small-business concern as defined by the Small
   58-8  Business Act (15 U.S.C. Chapter 14A).  (V.A.C.S. Art. 601b, Sec.
   58-9  5.37.)
  58-10          (Sections 2166.260-2166.300 reserved for expansion)
  58-11               SUBCHAPTER G.  UNIFORM GENERAL CONDITIONS
  58-12                    IN STATE CONSTRUCTION CONTRACTS
  58-13        Sec. 2166.301.  EXCEPTIONS.  Sections 2166.303 and 2166.304
  58-14  do not apply to a contract made with a person subject to:
  58-15              (1)  the safety standards of Article 6053-1, Revised
  58-16  Statutes; and
  58-17              (2)  the administrative penalty provisions of Article
  58-18  6053-2, Revised Statutes.  (V.A.C.S. Art. 601b, Sec. 5.26(a-5).)
  58-19        Sec. 2166.302.  ADOPTION OF CONDITIONS.  The commission shall
  58-20  adopt uniform general conditions to be incorporated into all
  58-21  building construction contracts made by the state, including a
  58-22  contract for a project excluded from this chapter by Section
  58-23  2166.003, but not including a contract for a project excluded from
  58-24  this chapter by Section 2166.004.  (V.A.C.S. Art. 601b, Sec.
  58-25  5.26(a).)
  58-26        Sec. 2166.303.  UNIFORM TRENCH SAFETY CONDITIONS.  (a)  The
  58-27  uniform general conditions for a construction project in which
  58-28  trench excavation will exceed a depth of five feet must require
  58-29  that the bid documents provided to all bidders and the contract
  58-30  include:
  58-31              (1)  a reference to the federal Occupational Safety and
  58-32  Health Administration's standards for trench safety that will be in
  58-33  effect during the construction of the project;
  58-34              (2)  a copy of the state's special shoring
  58-35  requirements, if any, with a separate pay item for the special
  58-36  shoring requirements;
  58-37              (3)  a copy of geotechnical information obtained by the
  58-38  owner for use by the contractor in the design of the trench safety
  58-39  system; and
  58-40              (4)  a separate pay item for trench excavation safety
  58-41  protection.
  58-42        (b)  The separate pay item for trench safety is determined by
  58-43  the linear feet of trench excavated.  The separate pay item for the
  58-44  state's special shoring requirements, if any, is determined by the
  58-45  square feet of shoring used.
  58-46        (c)  In this section, "trench" has the meaning assigned by
  58-47  the standards adopted by the federal Occupational Safety and Health
  58-48  Administration.  (V.A.C.S. Art. 601b, Secs. 5.26(a-1), (a-2),
  58-49  (a-4).)
  58-50        Sec. 2166.304.  PRE-BID CONFERENCE.  (a)  A state agency may
  58-51  require bidders to attend a pre-bid conference to coordinate a
  58-52  geotechnical investigation of the project site by the bidders.
  58-53        (b)  In awarding a contract, an agency may not consider a bid
  58-54  from a bidder who failed to attend a pre-bid conference required
  58-55  under this section.  (V.A.C.S. Art. 601b, Sec. 5.26(a-3).)
  58-56        Sec. 2166.305.  REVIEW OF UNIFORM GENERAL CONDITIONS.
  58-57  (a)  The commission shall require a review of the uniform general
  58-58  conditions of state building construction contracts whenever the
  58-59  commission considers review worthwhile, but not less frequently
  58-60  than once every five years.
  58-61        (b)  A committee appointed by the commission shall perform
  58-62  the review.  The committee consists of:
  58-63              (1)  the director of facilities construction and space
  58-64  management appointed under Section 2152.104, who serves ex officio
  58-65  as the presiding officer of the committee and who votes only in
  58-66  case of a tie;
  58-67              (2)  seven individuals appointed by the commission, one
  58-68  each from the lists of nominees submitted respectively by the:
  58-69                    (A)  president of the Texas Society of
  58-70  Architects;
   59-1                    (B)  president of the Texas Society of
   59-2  Professional Engineers;
   59-3                    (C)  presiding officer of the Executive Council
   59-4  of the Texas Associated General Contractors Chapters;
   59-5                    (D)  executive secretary of the Mechanical
   59-6  Contractors Associations of Texas, Incorporated;
   59-7                    (E)  executive secretary of the Texas Building
   59-8  and Construction Trades Council;
   59-9                    (F)  president of the Associated Builders and
  59-10  Contractors of Texas; and
  59-11                    (G)  executive director of the National
  59-12  Association of Minority Contractors, with the list composed of
  59-13  persons who reside in this state;
  59-14              (3)  one individual appointed by the commission
  59-15  representing an institution of higher education, as defined by
  59-16  Section 61.003, Education Code;
  59-17              (4)  one individual appointed by the commission
  59-18  representing a state agency that has a substantial ongoing
  59-19  construction program; and
  59-20              (5)  one individual appointed by the commission
  59-21  representing the attorney general's office.
  59-22        (c)  Members of the committee serve without compensation but
  59-23  may be reimbursed for actual and necessary expenses.  (V.A.C.S.
  59-24  Art. 601b, Sec. 5.26(b).)
  59-25          (Sections 2166.306-2166.350 reserved for expansion)
  59-26                   SUBCHAPTER H.  PROJECT INSPECTION
  59-27        Sec. 2166.351.  DEFINITIONS.  In this subchapter:
  59-28              (1)  "Detailed inspection" means close, technical,
  59-29  on-site examination of materials, structure, and equipment and
  59-30  surveillance of the quality and methods of work, performed by one
  59-31  or more full-time personnel at the project site, to reasonably
  59-32  ensure that the project is accomplished in compliance with
  59-33  information in the contract documents and with good construction
  59-34  practices.
  59-35              (2)  "General inspection" means the examination and
  59-36  inspection of the project at periodic intervals by commission
  59-37  employees.
  59-38              (3)  "Professional inspection" means the periodic
  59-39  examination of all elements of the project to reasonably ensure
  59-40  that they meet the performance and design features and the
  59-41  technical and functional requirements of the contract documents.
  59-42  (V.A.C.S. Art. 601b, Secs. 5.21(1) (part), (2) (part), (3) (part).)
  59-43        Sec. 2166.352.  CATEGORIES OF INSPECTION.  The three
  59-44  categories of inspection during construction are:
  59-45              (1)  detailed inspection;
  59-46              (2)  general inspection; and
  59-47              (3)  professional inspection.  (V.A.C.S. Art. 601b,
  59-48  Sec. 5.21 (part).)
  59-49        Sec. 2166.353.  DETAILED INSPECTION.  (a)  The decision to
  59-50  require a detailed inspection is in the commission's sole
  59-51  discretion.  The commission shall base its decision on the
  59-52  project's size and complexity.
  59-53        (b)  The full cost of detailed inspection is a charge against
  59-54  the project.
  59-55        (c)  A project construction inspector appointed by the design
  59-56  professional with the commission's approval shall perform detailed
  59-57  inspection.
  59-58        (d)  The project construction inspector shall:
  59-59              (1)  become thoroughly conversant with the drawings,
  59-60  specifications, details, and general conditions for executing the
  59-61  work;
  59-62              (2)  keep records of the work as required by the design
  59-63  professional and the commission;
  59-64              (3)  make reports to the design professional with
  59-65  copies to the commission and the using agency as required by the
  59-66  design professional and the commission;
  59-67              (4)  maintain at the construction site copies of the
  59-68  records and reports required under Subdivisions (2) and (3) with
  59-69  the plans, specifications, shop drawings, change orders, and
  59-70  correspondence dealing with the project;
   60-1              (5)  endeavor to ensure that the contractor is
   60-2  fulfilling the requirements of the contract documents;
   60-3              (6)  endeavor to ensure that all authorized changes are
   60-4  properly incorporated in the work and that a change is not made
   60-5  unless properly authorized;
   60-6              (7)  notify the design professional if conditions
   60-7  encountered at the project vary from the contract documents and
   60-8  comply with the design professional's directives in endeavoring to
   60-9  correct those conditions;
  60-10              (8)  review shop drawings in relation to their
  60-11  adaptability to job conditions and advise the design professional
  60-12  in that regard;
  60-13              (9)  endeavor to ensure that materials and equipment
  60-14  furnished comply with the specifications;
  60-15              (10)  ensure that records are kept on construction
  60-16  plans of the principal elements of mechanical and electrical
  60-17  systems;
  60-18              (11)  ensure that accurate records are kept of all
  60-19  underground utility installations at the project site, including
  60-20  existing installations uncovered in the process of construction, so
  60-21  that the information may be recorded on site plans or drawings that
  60-22  may be established and maintained by the commission or the using
  60-23  agency;
  60-24              (12)  keep a daily written log of all significant
  60-25  happenings on the job, including the number of workers working each
  60-26  day and the weather conditions during the day;
  60-27              (13)  observe and give prompt written notice to the
  60-28  construction contractor's representative and the design
  60-29  professional of noncompliance with contract documents on the part
  60-30  of the contractor's representative and notify the design
  60-31  professional and the commission of a failure to take corrective
  60-32  measures promptly;
  60-33              (14)  initiate, attend, and participate in progress
  60-34  meetings and inspections with the contractor;
  60-35              (15)  review every contractor's invoice against the
  60-36  value of partially or fully completed work and the materials stored
  60-37  at the project site before the invoice is forwarded to the design
  60-38  professional and promptly notify the design professional of a
  60-39  discrepancy between the review of the work and the invoice; and
  60-40              (16)  be responsible to the design professional for the
  60-41  proper administration of the duties listed in this section and
  60-42  comply with other instructions and assignments of the design
  60-43  professional.
  60-44        (e)  If the commission requires detailed inspection of a
  60-45  project's construction, the design professional shall select,
  60-46  subject to the commission's approval, the project construction
  60-47  inspector and is responsible for the proper administration of the
  60-48  duties listed in Subsection (d).  The design professional shall pay
  60-49  the salary of the project construction inspector and shall be
  60-50  reimbursed for the salary costs and the overhead expenses directly
  60-51  applicable to the salary.  (V.A.C.S. Art. 601b, Secs. 5.21(1)
  60-52  (part), (4).)
  60-53        Sec. 2166.354.  GENERAL INSPECTION.  (a)  On a project for
  60-54  which a project construction inspector is employed by a design
  60-55  professional, the general inspector shall work with and through the
  60-56  project construction inspector and the design professional.  On all
  60-57  other projects, the general inspector shall work with and through
  60-58  the design professional and shall exercise the detailed inspection
  60-59  functions the commission requires.
  60-60        (b)  The cost of general inspection is a charge against the
  60-61  project.  (V.A.C.S. Art. 601b, Sec. 5.21(2) (part).)
  60-62        Sec. 2166.355.  PROFESSIONAL INSPECTION; RELATED SERVICES.
  60-63  (a)  The design professional or the design professional's
  60-64  authorized representative shall perform professional inspection.
  60-65        (b)  The design professional or the design professional's
  60-66  authorized representative shall:
  60-67              (1)  assist the commission in obtaining proposals from
  60-68  contractors and in awarding and preparing construction contracts;
  60-69              (2)  be responsible for interpretation of the contract
  60-70  documents and changes made to the contract documents;
   61-1              (3)  provide an interpretation of plans and
   61-2  specifications as required during construction;
   61-3              (4)  check and approve samples, schedules, shop
   61-4  drawings, and other submissions only for conformance with the
   61-5  design concept of the project and for compliance with the
   61-6  information in the contract documents;
   61-7              (5)  approve or disapprove all change order requests
   61-8  and, subject to Section 2166.257, prepare all change orders;
   61-9              (6)  assemble all written guarantees required of the
  61-10  contractors;
  61-11              (7)  make periodic visits to the project site to become
  61-12  generally familiar with the progress and quality of the work and to
  61-13  determine in general if the work is proceeding in accordance with
  61-14  the contract documents;
  61-15              (8)  make a written inspection report after each visit
  61-16  to the project site and send a copy of the report to the contractor
  61-17  and the commission;
  61-18              (9)  keep the commission informed of the progress of
  61-19  the work and endeavor to guard against defects and deficiencies in
  61-20  contractors' work;
  61-21              (10)  determine periodically the amount owing to the
  61-22  contractors and recommend to the commission payment of that amount;
  61-23  and
  61-24              (11)  conduct inspections to determine the dates of
  61-25  substantial and final completion and notify the commission and the
  61-26  using agency of the determination.
  61-27        (c)  The amount of time that on-site inspections under
  61-28  Subsection (b)(7) take is computed by dividing the total
  61-29  compensation for professional services, excluding payments for
  61-30  detailed inspection, by 100, with the result expressed as the
  61-31  number of hours to be devoted to on-site inspections, project
  61-32  conferences with the contractor and others, and travel to and from
  61-33  those inspections and conferences.
  61-34        (d)  A recommendation under Subsection (b)(10) constitutes a
  61-35  representation to the commission that:
  61-36              (1)  based on observations and other pertinent
  61-37  information, the work has progressed to the point indicated; and
  61-38              (2)  to the best of the design professional's
  61-39  knowledge, information, and belief, the quality of the work is in
  61-40  accordance with the plans, specifications, and contract documents.
  61-41        (e)  This section does not:
  61-42              (1)  require the design professional to assume
  61-43  responsibility for or guarantee the complete adherence of the
  61-44  contractor to the plans and specifications and contract documents;
  61-45  or
  61-46              (2)  make the design professional liable for defects in
  61-47  construction.
  61-48        (f)  If a private design professional is retained, the fee
  61-49  paid that design professional is considered to cover professional
  61-50  inspection but not the additional cost of detailed inspection
  61-51  beyond the administrative duties specifically encompassed by
  61-52  Section 2166.353(e).  If the commission's staff serves as design
  61-53  professional, the commission is responsible for professional
  61-54  supervision and the cost of supervision is a charge against the
  61-55  project.  (V.A.C.S. Art. 601b, Secs. 5.21(3) (part), (5), (6).)
  61-56        Sec. 2166.356.  FINAL INSPECTION; FINAL PAYMENT; INSPECTION
  61-57  DURING GUARANTEE PERIOD.  (a)  The commission is responsible for
  61-58  directing final payment for work done on each project.  If on final
  61-59  inspection of a project it determines that the plans,
  61-60  specifications, contract, or change orders for the project have not
  61-61  been fully complied with, the commission shall, until compliance
  61-62  has occurred or adjustments satisfactory to the commission have
  61-63  been made, refuse to direct final payment.
  61-64        (b)  Final inspection consists of an on-site inspection by
  61-65  the design professional, a commission representative, a using
  61-66  agency representative, and at least one representative of each
  61-67  contractor.
  61-68        (c)  The commission shall schedule the final inspection not
  61-69  later than the 10th day after the date the design professional
  61-70  notifies the commission that the contract has been performed
   62-1  according to the plans and specifications.
   62-2        (d)  On completion of the project, the commission shall
   62-3  release the project to the using agency.
   62-4        (e)  The commission is responsible for inspecting the project
   62-5  before the expiration of the guarantee period to observe defects
   62-6  that may appear not later than the first anniversary of the date
   62-7  the contract is completed.  The commission shall give prompt
   62-8  written notice to the contractor of defects that are due to faulty
   62-9  materials or work.  This subsection does not require the contractor
  62-10  to assume responsibility for or guarantee defects other than those
  62-11  due to faulty materials or work or failure on the contractor's part
  62-12  to adhere to the contract documents.  (V.A.C.S. Art. 601b, Sec.
  62-13  5.25.)
  62-14          (Sections 2166.357-2166.400 reserved for expansion)
  62-15            SUBCHAPTER I.  CONSERVATION OF ENERGY AND WATER
  62-16        Sec. 2166.401.  EVALUATION OF ENERGY ALTERNATIVES.  (a)  For
  62-17  each project for which a project analysis is prepared under
  62-18  Subchapter D and for which the construction, alteration, or repair
  62-19  involves installing or replacing all or part of an energy system,
  62-20  energy source, or energy-consuming equipment, the commission or the
  62-21  private design professional retained by the commission shall
  62-22  prepare a written evaluation of energy alternatives for the
  62-23  project.
  62-24        (b)  The evaluation must include information about the
  62-25  economic and environmental impact of various energy alternatives,
  62-26  including an evaluation of economic and environmental costs both
  62-27  initially and over the life of the system, source, or equipment.
  62-28        (c)  The evaluation must identify the best energy alternative
  62-29  for the project considering both economic and environmental costs
  62-30  and benefits.  (V.A.C.S. Art. 601b, Sec. 5.161.)
  62-31        Sec. 2166.402.  ENERGY CONSERVATION STANDARDS FOR ENTITIES
  62-32  OTHERWISE EXCLUDED FROM CHAPTER.  (a)  The governing body of a
  62-33  state agency, commission, or institution that is exempt from this
  62-34  chapter under Section 2166.003 shall adopt and publish energy
  62-35  conservation design standards as provided by Section 447.004 for a
  62-36  new building under the entity's authority.  The standards must be:
  62-37              (1)  consistent with those adopted by the commission
  62-38  for other state buildings; and
  62-39              (2)  prepared in cooperation and consultation with the
  62-40  energy management center of the governor's office.
  62-41        (b)  The energy management center of the governor's office
  62-42  shall assist a governing body of a state agency, commission, or
  62-43  institution subject to Subsection (a) in preparing energy
  62-44  conservation standards by providing technical assistance and
  62-45  advice.  (V.A.C.S. Art. 601b, Sec. 5.28.)
  62-46        Sec. 2166.403.  ALTERNATIVE ENERGY.  (a)  This section
  62-47  applies to the construction of a new state building, including a
  62-48  building construction project otherwise exempt from this chapter
  62-49  under Section 2166.003.
  62-50        (b)  During the planning phase of the proposed construction,
  62-51  the commission, or the governing body of the appropriate agency or
  62-52  institution that is undertaking a project otherwise exempt from
  62-53  this chapter under Section 2166.003, shall verify in an open
  62-54  meeting the economic feasibility of incorporating into the
  62-55  building's design and proposed energy system alternative energy
  62-56  devices for space heating and cooling, water heating, electrical
  62-57  loads, and interior lighting.  The commission or governing body
  62-58  shall determine economic feasibility for each function by comparing
  62-59  the estimated cost of providing energy for the function using
  62-60  conventional design practices and energy systems with the estimated
  62-61  cost of providing energy for the function using alternative energy
  62-62  devices during the economic life of the building.
  62-63        (c)  If the use of alternative energy devices for a
  62-64  particular function is determined to be economically feasible under
  62-65  Subsection (b), the commission or governing body shall include the
  62-66  use of alternative energy devices for that function in the
  62-67  construction plans.
  62-68        (d)  In this section:
  62-69              (1)  "Alternative energy" means a renewable energy
  62-70  resource.  The term includes solar energy, biomass energy, and wind
   63-1  energy.
   63-2              (2)  "Alternative energy collector" means an assembly,
   63-3  structure, or design, including passive elements, used to absorb,
   63-4  concentrate, convert, reflect, or otherwise capture or redirect
   63-5  alternative energy for later use as thermal, mechanical, or
   63-6  electrical energy.
   63-7              (3)  "Alternative energy device" means an alternative
   63-8  energy collector or alternative energy storage mechanism that
   63-9  collects, stores, or distributes alternative energy.
  63-10              (4)  "Alternative energy storage mechanism" means
  63-11  equipment, components, or elements designed and used to store for
  63-12  later use alternative energy captured by an alternative energy
  63-13  collector in the form in which the energy will eventually be used
  63-14  or in an intermediate form.  The term includes thermal,
  63-15  electrochemical, chemical, electrical, and mechanical storage
  63-16  mechanisms.
  63-17              (5)  "Biomass energy" means energy that is created in
  63-18  living plants through photosynthesis.
  63-19              (6)  "Solar energy" means energy from the sun that may
  63-20  be collected and converted into useful thermal, mechanical, or
  63-21  electrical energy.  (V.A.C.S. Art. 601b, Sec. 5.32; New.)
  63-22        Sec. 2166.404.  XERISCAPE ON NEW CONSTRUCTION.  (a)  The
  63-23  commission, in consultation with the Texas Natural Resource
  63-24  Conservation Commission, the Texas Department of Transportation,
  63-25  and the Industry Advisory Committee, by rule shall adopt guidelines
  63-26  for the required use of xeriscape on state property associated with
  63-27  the construction of a new state building, structure, or facility
  63-28  that begins on or after January 1, 1994, including a project
  63-29  otherwise exempt from this chapter under Section 2166.003.
  63-30        (b)  The guidelines adopted under this section must:
  63-31              (1)  establish standards for landscape design,
  63-32  installation, and maintenance that result in water conservation,
  63-33  including the use of appropriate plants, soil analysis, compost,
  63-34  efficient irrigation systems, and other water-conserving practices;
  63-35              (2)  identify beneficial plant species;
  63-36              (3)  specify the maximum percentage of turf and the
  63-37  maximum percentage of impervious surface allowed in a xeriscaped
  63-38  area;
  63-39              (4)  establish standards for selection and installation
  63-40  of turf;
  63-41              (5)  establish standards for land clearing;
  63-42              (6)  require preservation of existing native vegetation
  63-43  identified as beneficial; and
  63-44              (7)  establish a monitoring program to ensure
  63-45  implementation of and compliance with this section.
  63-46        (c)  The Industry Advisory Committee is composed of nine
  63-47  members who are Texas residents appointed by the commission.  Three
  63-48  members must be nursery-product growers, three members must be
  63-49  turf-growers, and three members must be landscape contractors.  The
  63-50  commission shall make appointments from a list of recommendations
  63-51  submitted to the commission by the Texas Association of Nurserymen
  63-52  for the nursery-product-grower positions, the Texas Turf
  63-53  Association for the turf-grower positions, and the Texas
  63-54  Association of Landscape Contractors for the landscape-contractor
  63-55  positions.  Appointments are for staggered three-year terms
  63-56  arranged so that one person from each group is appointed each year.
  63-57  The appointments to the committee must reflect this state's gender
  63-58  and ethnic diversity.
  63-59        (d)  In this section, "xeriscape" means a landscaping method
  63-60  that maximizes the conservation of water by using plants that are
  63-61  appropriate to the site and efficient water-use techniques.  The
  63-62  term includes:
  63-63              (1)  planning and design;
  63-64              (2)  appropriate choice of plants;
  63-65              (3)  soil analysis;
  63-66              (4)  soil improvement using compost;
  63-67              (5)  efficient and appropriate irrigation;
  63-68              (6)  practical use of turf;
  63-69              (7)  appropriate use of mulches; and
  63-70              (8)  proper maintenance.  (V.A.C.S. Art. 601b, Secs.
   64-1  5.321(a), (b) (part), (c), (d), (e).)
   64-2        Sec. 2166.405.  XERISCAPE PHASE-IN.  The commission shall
   64-3  develop a five-year program for phasing in the use of xeriscape on
   64-4  state property associated with a state-owned building, structure,
   64-5  or facility on which construction began before January 1, 1994.
   64-6  (V.A.C.S. Art. 601b, Sec. 5.321(b) (part).)
   64-7          (Sections 2166.406-2166.450 reserved for expansion)
   64-8           SUBCHAPTER J.  ACQUISITION OF EXISTING BUILDINGS
   64-9        Sec. 2166.451.  ACQUISITION OF HISTORIC STRUCTURES.  (a)  In
  64-10  acquiring real property, each using agency shall first consider a
  64-11  building that is a historic structure under Section 442.001 or a
  64-12  building that has been designated a landmark by the local governing
  64-13  authority if:
  64-14              (1)  the building meets requirements and
  64-15  specifications; and
  64-16              (2)  the cost is not substantially higher than that of
  64-17  other available structures that meet requirements and
  64-18  specifications.
  64-19        (b)  When considering the construction of a new state
  64-20  building, a using agency shall notify the Texas Historical
  64-21  Commission and request from it a list of historic structures in the
  64-22  proposed construction area that are suitable and available for
  64-23  state acquisition.
  64-24        (c)  If the using agency decides to proceed with new
  64-25  construction, the agency shall forward to the commission for
  64-26  inclusion in the project analysis for the new construction:
  64-27              (1)  the date it notified the Texas Historical
  64-28  Commission of the proposed construction;
  64-29              (2)  the date of the Texas Historical Commission's
  64-30  response;
  64-31              (3)  a copy of the list of historic structures
  64-32  furnished by the Texas Historical Commission; and
  64-33              (4)  a statement of the reasons for the rejection of
  64-34  each of the historic structures on the list.
  64-35        (d)  If the using agency rejects acquisition of a historic
  64-36  structure because of the structure's cost, the agency shall forward
  64-37  to the commission for inclusion in the project analysis for the new
  64-38  construction a comparison of the cost of the new construction with
  64-39  the cost of the purchase and rehabilitation of the historic
  64-40  structure.
  64-41        (e)  In determining the feasibility of acquiring a historic
  64-42  structure, the using agency shall evaluate the possibility of
  64-43  providing the space needed by the agency by combining new
  64-44  construction with acquisition of the historic structure.
  64-45        (f)  On request of the using agency, the commission shall
  64-46  assist the agency in evaluating the feasibility of acquiring a
  64-47  historic structure and in preparing the information required by
  64-48  Subsections (c) and (d).
  64-49        (g)  The commission shall comply with Subsections (a)-(e) for
  64-50  a:
  64-51              (1)  project for which it is the using agency; or
  64-52              (2)  multiagency state office building for which it
  64-53  serves as the coordinating authority.  (V.A.C.S. Art. 601b, Sec.
  64-54  5.01A.)
  64-55        Sec. 2166.452.  ACQUISITION OF EXISTING BUILDING AS
  64-56  ALTERNATIVE TO NEW CONSTRUCTION.  (a)  If the legislature
  64-57  authorizes the issuance of bonds by the Texas Public Finance
  64-58  Authority to construct one or more buildings and improvements in a
  64-59  county, the commission may solicit and receive proposals, using the
  64-60  same procedures that apply to the purchase of other real property,
  64-61  for the purchase of one or more existing buildings with bond
  64-62  proceeds.  If the commission's evaluation of the proposals
  64-63  demonstrates that purchase of one or more existing buildings is an
  64-64  appropriate and financially advantageous means of meeting all or
  64-65  part of the state's office space needs in that county, the
  64-66  commission shall certify that fact to the authority and request the
  64-67  authority to issue all or part of its bonds previously authorized
  64-68  by the legislature for that purpose.
  64-69        (b)  The commission shall determine financial advantage under
  64-70  Subsection (a) after comparing construction and purchase as fairly
   65-1  as possible.  In making its determination, the commission shall
   65-2  impute value and consider factors as it considers appropriate,
   65-3  including consideration of the:
   65-4              (1)  estimated cost of construction and of acquiring
   65-5  land for the construction;
   65-6              (2)  anticipated purchase price of one or more existing
   65-7  buildings;
   65-8              (3)  estimated cost of converting one or more existing
   65-9  buildings to state building specifications, including
  65-10  reconstruction costs only when reconstruction is necessary;
  65-11              (4)  efficiency and suitability of an existing
  65-12  building's space as configured for state use;
  65-13              (5)  estimated occupancy dates for proposed
  65-14  construction compared with estimated occupancy dates for an
  65-15  existing building;
  65-16              (6)  value of an existing building's location, parking,
  65-17  landscaping, and other enhancements;
  65-18              (7)  remaining useful life of mechanical components of
  65-19  an existing building; and
  65-20              (8)  estimated cost of maintenance and operations,
  65-21  including the cost of telecommunications services, for each option
  65-22  considered by the commission.
  65-23        (c)  On a determination under Subsection (a) that a purchase
  65-24  is more advantageous to the state, the commission may abandon
  65-25  construction plans.  If additional costs, over available bond
  65-26  proceeds, must be incurred to accomplish the purchase and any
  65-27  necessary renovation of the purchased property, the commission may
  65-28  use available appropriated money and request additional bonds of
  65-29  the Texas Public Finance Authority in an amount of up to five
  65-30  percent of the acquisition cost for that purpose.
  65-31        (d)  A purchase under this section must be approved by the
  65-32  legislature if it is in session or by the Legislative Budget Board
  65-33  if the legislature is not in session.
  65-34        (e)  A person from whom real property or an existing building
  65-35  or other improvement is purchased under this section shall provide
  65-36  to the commission the name and the last known address of each
  65-37  person who:
  65-38              (1)  owns record legal title to the real property or
  65-39  building or other improvement; or
  65-40              (2)  owns a beneficial interest in the real property or
  65-41  building or other improvement through a trust, nominee, agent, or
  65-42  other legal entity.  (V.A.C.S. Art. 601b, Secs. 5.34(b), (c), (d),
  65-43  (e).)
  65-44        Sec. 2166.453.  ACQUISITION OF EXISTING BUILDING AS
  65-45  ALTERNATIVE TO LEASING SPACE.  (a)  This section applies only to
  65-46  meeting office space needs of one or more state agencies in a
  65-47  county in which the state leases 50,000 square feet or more of
  65-48  usable office space.
  65-49        (b)  The commission may meet office space needs of one or
  65-50  more state agencies that are being met through leased space by
  65-51  purchasing one or more existing buildings under this section.  The
  65-52  purchase of a building may include the purchase of the building's
  65-53  grounds and related improvements.  The purchase of a building under
  65-54  this section must be:
  65-55              (1)  financed through bonds issued by the Texas Public
  65-56  Finance Authority; and
  65-57              (2)  approved by the legislature if it is in session or
  65-58  by the Legislative Budget Board if the legislature is not in
  65-59  session.
  65-60        (c)  The commission may purchase a building under this
  65-61  section only if the commission determines that the projected annual
  65-62  total space occupancy costs of the purchased space will not exceed,
  65-63  over the term of the bonded indebtedness, the projected annual
  65-64  total space occupancy costs of meeting the same space needs through
  65-65  leased space.
  65-66        (d)  If the commission makes the necessary determination
  65-67  under Subsection (c) and the purchase is approved under Subsection
  65-68  (b), the Texas Public Finance Authority shall issue and sell bonds
  65-69  to finance the purchase under the Texas Public Finance Authority
  65-70  Act (Article 601d, Vernon's Texas Civil Statutes), and the
   66-1  commission may purchase the building under that Act and other
   66-2  applicable law.
   66-3        (e)  The limitation prescribed by Section 9, Texas Public
   66-4  Finance Authority Act (Article 601d, Vernon's Texas Civil
   66-5  Statutes), relating to the location of a building for which bonds
   66-6  may be issued and sold does not apply to financing the purchase of
   66-7  a building under this section.
   66-8        (f)  A person from whom real property or an existing building
   66-9  or other improvement is purchased under this section shall provide
  66-10  to the commission the name and the last known address of each
  66-11  person who:
  66-12              (1)  owns record legal title to the real property or
  66-13  building or other improvement; or
  66-14              (2)  owns a beneficial interest in the real property or
  66-15  building or other improvement through a trust, nominee, agent, or
  66-16  other legal entity.
  66-17        (g)  If a state agency vacates leased space to move into
  66-18  space in a building purchased under this section or if the leased
  66-19  space itself is purchased under this section, the money
  66-20  specifically appropriated by the legislature or the money available
  66-21  to and budgeted by the agency for lease payments for the leased
  66-22  space for the remainder of the biennium may be used only for rental
  66-23  or installment payments for the purchased space under Section
  66-24  12(b), Texas Public Finance Authority Act (Article 601d, Vernon's
  66-25  Texas Civil Statutes), and for the payment of operating expenses
  66-26  for the purchased space that are incurred by the commission.  The
  66-27  comptroller may adopt rules for the administration of this
  66-28  subsection.
  66-29        (h)  In this section, "total space occupancy costs" include:
  66-30              (1)  for leased space, the direct cost of the lease
  66-31  payments for the space;
  66-32              (2)  for purchased space, the direct cost of rental or
  66-33  installment payments for the space under Section 12(b), Texas
  66-34  Public Finance Authority Act (Article 601d, Vernon's Texas Civil
  66-35  Statutes);
  66-36              (3)  the cost of necessary renovations;
  66-37              (4)  operating costs, including janitorial and utility
  66-38  costs; and
  66-39              (5)  for purchased space, the cost of maintaining a
  66-40  cash replacement reserve sufficient to service structural
  66-41  maintenance requirements reflecting the expected performance life
  66-42  of the major capital expense items of the building for the term of
  66-43  the bonded indebtedness.  (V.A.C.S. Art. 601b, Sec. 5.342.)
  66-44          (Sections 2166.454-2166.500 reserved for expansion)
  66-45        SUBCHAPTER K.  MONUMENTS, MEMORIALS, AND HISTORIC SITES
  66-46        Sec. 2166.501.  MONUMENTS AND MEMORIALS.  (a)  A monument or
  66-47  memorial for Texas heroes of the Confederate States of America or
  66-48  the Texas War for Independence or to commemorate another event or
  66-49  person of historical significance to Texans and this state may be
  66-50  erected on land owned or acquired by the state or, if a suitable
  66-51  contract can be made for permanent preservation of the monument or
  66-52  memorial, on private property or land owned by the federal
  66-53  government or other states.
  66-54        (b)  The graves of Texans described by Subsection (a) may be
  66-55  located and marked.
  66-56        (c)  The commission shall maintain a monument or memorial
  66-57  erected by this state to commemorate the centenary of Texas'
  66-58  independence.
  66-59        (d)  Before the erection of a new monument or memorial, the
  66-60  commission must obtain the approval of the Texas Historical
  66-61  Commission regarding the form, dimensions, and substance of, and
  66-62  inscriptions or illustrations on, the monument or memorial.
  66-63  (V.A.C.S. Art. 601b, Sec. 5.06.)
  66-64        Sec. 2166.502.  CONTRACTS WITH TEXAS HISTORICAL COMMISSION.
  66-65  The commission may negotiate and contract with the Texas Historical
  66-66  Commission to assist and advise the commission with regard to the:
  66-67              (1)  proper monuments and memorials to be erected,
  66-68  repaired, or moved to new locations;
  66-69              (2)  selection of sites for those monuments and
  66-70  memorials; and
   67-1              (3)  locating and marking of graves.  (V.A.C.S.
   67-2  Art. 601b, Sec. 5.07.)
   67-3        Sec. 2166.503.  ACQUISITION OF ARCHAEOLOGICAL,
   67-4  PALEONTOLOGICAL, AND HISTORIC SITES.  (a)  The commission may
   67-5  acquire by gift, devise, purchase, or exercise of its general power
   67-6  of eminent domain land in this state on which is located:
   67-7              (1)  a building, site, or landmark of statewide
   67-8  historical significance associated with historic events or
   67-9  personalities;
  67-10              (2)  a prehistoric ruin;
  67-11              (3)  a burial ground;
  67-12              (4)  an archaeological site;
  67-13              (5)  a vertebrate paleontological site; or
  67-14              (6)  a site containing fossilized footprints, an
  67-15  inscription made by human agency, or another archaeological,
  67-16  paleontological, or historic feature.
  67-17        (b)  For a historic site, building, or structure, the
  67-18  commission may exercise the power of eminent domain under
  67-19  Subsection (a) only on a proper showing that the exercise is
  67-20  necessary to prevent destruction or deterioration of the historic
  67-21  site, building, or structure.
  67-22        (c)  The commission may request from the Texas Historical
  67-23  Commission a certification or authentication of the worthiness of
  67-24  preservation of a feature listed in Subsection (a).  (V.A.C.S.
  67-25  Art. 601b, Sec. 5.08.)
  67-26          (Sections 2166.504-2166.550 reserved for expansion)
  67-27              SUBCHAPTER L.  SPECIAL USES AND FACILITIES
  67-28        Sec. 2166.551.  CHILD CARE FACILITY IN STATE BUILDING.
  67-29  (a)  The Child Care Development Board shall determine whether a
  67-30  child care facility may be included in a state-owned office
  67-31  building constructed after September 1, 1989, that contains 100,000
  67-32  square feet or more of net usable space and shall notify the
  67-33  commission of that determination.
  67-34        (b)  The commission shall notify the Child Care Development
  67-35  Board of a project to rehabilitate or renovate substantially an
  67-36  existing state-owned office building containing 100,000 square feet
  67-37  or more of net usable space before developing the rehabilitation or
  67-38  renovation plan.
  67-39        (c)  Not later than the 30th day after the date the Child
  67-40  Care Development Board receives the notice required by Subsection
  67-41  (b), the board shall determine whether a child care facility may be
  67-42  included in the rehabilitation or renovation project and shall
  67-43  notify the commission of that determination.
  67-44        (d)  The commission shall include a child care facility in a
  67-45  construction, rehabilitation, or renovation project if the Child
  67-46  Care Development Board determines that the child care facility
  67-47  should be included.  (V.A.C.S. Art. 601b, Sec. 5.01(b).)
  67-48        Sec. 2166.552.  FINE ARTS PROJECTS.  (a)  A using agency that
  67-49  requests a project analysis by the commission for a building
  67-50  construction project that is estimated to cost more than $250,000
  67-51  may specify that up to one percent of the amount of the original
  67-52  project cost estimate be spent for fine arts projects at or near
  67-53  the site of the project.
  67-54        (b)  If the legislature authorizes and appropriates money for
  67-55  a fine arts project, the commission shall cooperate with the Texas
  67-56  Commission on the Arts and consult it for advice in determining how
  67-57  to use the money appropriated for the fine arts project.
  67-58        (c)  In selecting a fine arts project, emphasis should be
  67-59  placed, whenever feasible, on works by living Texas artists.
  67-60  Consideration shall be given to artists of all ethnic origins.
  67-61        (d)  This section does not limit, restrict, or prohibit the
  67-62  commission from including expenditures for fine arts in its
  67-63  original project cost estimate.
  67-64        (e)  In this section, "fine arts project" includes murals,
  67-65  fountains, mosaics, and other aesthetic improvements.  (V.A.C.S.
  67-66  Art. 601b, Sec. 5.18.)
  67-67        Sec. 2166.553.  ACQUISITION AND CONSTRUCTION OF BUILDINGS FOR
  67-68  HEALTH AND HUMAN SERVICE AGENCIES.  (a)  The commission may not
  67-69  acquire or approve construction of a building, including a building
  67-70  the acquisition or construction of which is financed under the
   68-1  Texas Public Finance Authority Act (Article 601d, Vernon's Texas
   68-2  Civil Statutes), to serve the needs of a single health and human
   68-3  service agency unless the agency can provide a reason to the
   68-4  commission for not sharing space in the building with one or more
   68-5  other health and human service agencies.
   68-6        (b)  In this section, "health and human service agency" means
   68-7  the:
   68-8              (1)  Interagency Council on Early Childhood
   68-9  Intervention Services;
  68-10              (2)  Texas Department on Aging;
  68-11              (3)  Texas Commission on Alcohol and Drug Abuse;
  68-12              (4)  Texas Commission for the Blind;
  68-13              (5)  Texas Commission for the Deaf and Hearing
  68-14  Impaired;
  68-15              (6)  Texas Department of Health;
  68-16              (7)  Texas Department of Human Services;
  68-17              (8)  Texas Juvenile Probation Commission;
  68-18              (9)  Texas Department of Mental Health and Mental
  68-19  Retardation;
  68-20              (10)  Texas Rehabilitation Commission; and
  68-21              (11)  Department of Protective and Regulatory Services.
  68-22  (V.A.C.S. Art. 601b, Sec. 5.341.)
  68-23           CHAPTER 2167.  LEASE OF SPACE FOR STATE AGENCIES
  68-24                   SUBCHAPTER A.  GENERAL PROVISIONS
  68-25  Sec. 2167.001.  APPLICABILITY
  68-26  Sec. 2167.002.  PREREQUISITES FOR LEASING SPACE
  68-27  Sec. 2167.003.  FIRST CONSIDERATION TO HISTORIC STRUCTURE
  68-28  Sec. 2167.004.  LEASING SPACE FOR HEALTH AND HUMAN SERVICES
  68-29                    AGENCIES
  68-30  Sec. 2167.005.  DELEGATION OF AUTHORITY TO INSTITUTIONS OF
  68-31                    HIGHER EDUCATION
  68-32  Sec. 2167.006.  ELIMINATION OF BARRIERS TO PERSONS WITH
  68-33                    DISABILITIES IN LEASED BUILDINGS
  68-34  Sec. 2167.007.  LEASING SERVICES TO STATE AGENCIES
  68-35  Sec. 2167.008.  RULES
  68-36          (Sections 2167.009-2167.050 reserved for expansion)
  68-37      SUBCHAPTER B.  PROCEDURES FOR LEASING SPACE; LEASE CONTRACT
  68-38  Sec. 2167.051.  LEASING SPACE FROM ANOTHER GOVERNMENTAL
  68-39                    ENTITY
  68-40  Sec. 2167.052.  LEASING SPACE FROM PRIVATE SOURCE
  68-41  Sec. 2167.053.  LEASING SPACE THROUGH COMPETITIVE BIDDING
  68-42  Sec. 2167.054.  LEASING SPACE THROUGH COMPETITIVE SEALED
  68-43                    PROPOSALS
  68-44  Sec. 2167.055.  CONTRACT FOR LEASE OF SPACE
  68-45  Sec. 2167.056.  OPTION TO PURCHASE
  68-46          (Sections 2167.057-2167.100 reserved for expansion)
  68-47           SUBCHAPTER C.  COMMISSION AND STATE AGENCY POWERS
  68-48                  AND DUTIES RELATED TO LEASED SPACE
  68-49  Sec. 2167.101.  CERTIFICATION OF AVAILABLE MONEY
  68-50  Sec. 2167.102.  REMEDIAL ACTION AGAINST LESSOR
  68-51  Sec. 2167.103.  RECORDS
  68-52  Sec. 2167.104.  SUBLEASE TO CHILD CARE PROVIDER
  68-53           CHAPTER 2167.  LEASE OF SPACE FOR STATE AGENCIES
  68-54                   SUBCHAPTER A.  GENERAL PROVISIONS
  68-55        Sec. 2167.001.  APPLICABILITY.  (a)  This chapter applies to:
  68-56              (1)  office space;
  68-57              (2)  warehouse space;
  68-58              (3)  laboratory space;
  68-59              (4)  storage space exceeding 1,000 gross square feet;
  68-60  and
  68-61              (5)  a combination of those kinds of space.
  68-62        (b)  This chapter does not apply to:
  68-63              (1)  aircraft hangar space;
  68-64              (2)  radio antenna space;
  68-65              (3)  boat storage space;
  68-66              (4)  vehicle parking space;
  68-67              (5)  residential space for a Texas Department of Mental
  68-68  Health and Mental Retardation program;
  68-69              (6)  residential space for a Texas Youth Commission
  68-70  program;
   69-1              (7)  space to be used for less than one month for
   69-2  meetings, conferences, conventions, seminars, displays,
   69-3  examinations, auctions, or similar purposes;
   69-4              (8)  district office space for members of the
   69-5  legislature; or
   69-6              (9)  space used by the Texas Employment Commission.
   69-7  (V.A.C.S. Art. 601b, Secs. 6.01, 6.11.)
   69-8        Sec. 2167.002.  PREREQUISITES FOR LEASING SPACE.  The
   69-9  commission may lease space for a state agency in accordance with
  69-10  this chapter and the agency's specifications if:
  69-11              (1)  state-owned space is not otherwise available to
  69-12  the agency; and
  69-13              (2)  the agency has verified it has money available to
  69-14  pay for the lease.  (V.A.C.S. Art. 601b, Sec. 6.05(a).)
  69-15        Sec. 2167.003.  FIRST CONSIDERATION TO HISTORIC STRUCTURE.
  69-16  (a)  In leasing space for the use of a state agency, the commission
  69-17  shall give first consideration to a building that is a historic
  69-18  structure under Section 442.001 or to a building that has been
  69-19  designated a landmark by a local governing authority, if:
  69-20              (1)  the building meets requirements and
  69-21  specifications; and
  69-22              (2)  the cost is not substantially higher than the cost
  69-23  for other available buildings that meet requirements and
  69-24  specifications.
  69-25        (b)  When it considers leasing space for a state agency, the
  69-26  commission shall notify each individual and organization that is:
  69-27              (1)  on a list furnished to the commission by the Texas
  69-28  Historical Commission under Section 442.005; and
  69-29              (2)  in the county in which the commission is
  69-30  considering leasing space.
  69-31        (c)  At the end of a biennium, the commission shall report to
  69-32  the legislature the commission's reasons for rejecting during the
  69-33  biennium the lease of any historic structure that was offered in a
  69-34  bid to lease space to the state.  (V.A.C.S. Art. 601b, Sec.
  69-35  6.05(j).)
  69-36        Sec. 2167.004.  LEASING SPACE FOR HEALTH AND HUMAN SERVICES
  69-37  AGENCIES.  (a)  The commission may not lease office space to serve
  69-38  the needs of a single health and human services agency unless the
  69-39  agency provides the commission with a reason for not sharing the
  69-40  office space with one or more other health and human services
  69-41  agencies.
  69-42        (b)  In this section, "health and human services agency"
  69-43  means the:
  69-44              (1)  Interagency Council on Early Childhood
  69-45  Intervention Services;
  69-46              (2)  Texas Department on Aging;
  69-47              (3)  Texas Commission on Alcohol and Drug Abuse;
  69-48              (4)  Texas Commission for the Blind;
  69-49              (5)  Texas Commission for the Deaf and Hearing
  69-50  Impaired;
  69-51              (6)  Texas Department of Health;
  69-52              (7)  Texas Department of Human Services;
  69-53              (8)  Texas Juvenile Probation Commission;
  69-54              (9)  Texas Department of Mental Health and Mental
  69-55  Retardation;
  69-56              (10)  Texas Rehabilitation Commission; or
  69-57              (11)  Department of Protective and Regulatory Services.
  69-58  (V.A.C.S. Art. 601b, Sec. 6.031.)
  69-59        Sec. 2167.005.  DELEGATION OF AUTHORITY TO INSTITUTIONS OF
  69-60  HIGHER EDUCATION.  The commission may delegate to an institution of
  69-61  higher education the authority to enter into lease contracts for
  69-62  space for which payments are not made from money appropriated from
  69-63  the general revenue fund.  (V.A.C.S. Art. 601b, Sec. 6.111 (part).)
  69-64        Sec. 2167.006.  ELIMINATION OF BARRIERS TO PERSONS WITH
  69-65  DISABILITIES IN LEASED BUILDINGS.  (a)  The commission may not
  69-66  enter a lease contract under this chapter unless it complies with
  69-67  the architectural barriers law, Article 9102, Revised Statutes.
  69-68        (b)  An institution of higher education may not enter a lease
  69-69  contract under Section 2167.005 unless the institution complies
  69-70  with the architectural barriers law, Article 9102, Revised
   70-1  Statutes.  (V.A.C.S. Art. 601b, Secs. 6.06; 6.111 (part).)
   70-2        Sec. 2167.007.  LEASING SERVICES TO STATE AGENCIES.
   70-3  (a)  This chapter does not prohibit the commission from providing
   70-4  leasing services to a state agency otherwise excluded from its
   70-5  requirements.
   70-6        (b)  Services performed under Subsection (a) are not subject
   70-7  to the interagency cooperation law, Chapter 771.
   70-8        (c)  The commission shall establish a system of charges and
   70-9  billings to assure the recovery of the cost of providing services
  70-10  under Subsection (a), and shall submit, after the close of each
  70-11  month, a purchase voucher or journal voucher to an agency for which
  70-12  services were provided.  (V.A.C.S. Art. 601b, Sec. 6.13.)
  70-13        Sec. 2167.008.  RULES.  The commission shall adopt rules
  70-14  necessary to administer this chapter.  (V.A.C.S. Art. 601b, Sec.
  70-15  6.12.)
  70-16          (Sections 2167.009-2167.050 reserved for expansion)
  70-17      SUBCHAPTER B.  PROCEDURES FOR LEASING SPACE; LEASE CONTRACT
  70-18        Sec. 2167.051.  LEASING SPACE FROM ANOTHER GOVERNMENTAL
  70-19  ENTITY.  Space may be leased:
  70-20              (1)  through an interagency contract from another state
  70-21  agency; or
  70-22              (2)  through a negotiated contract from:
  70-23                    (A)  the federal government;
  70-24                    (B)  a political subdivision, including a county,
  70-25  municipality, school district, water or irrigation district,
  70-26  hospital district, council of governments, or regional planning
  70-27  commission; or
  70-28                    (C)  a statewide Texas public retirement system
  70-29  in a commercial building that is completely owned, directly or
  70-30  indirectly, by the retirement system.  (V.A.C.S. Art. 601b, Sec.
  70-31  6.05(b).)
  70-32        Sec. 2167.052.  LEASING SPACE FROM PRIVATE SOURCE.
  70-33  (a)  Space may be leased from a private source through:
  70-34              (1)  competitive bidding; or
  70-35              (2)  competitive sealed proposals under Section
  70-36  2167.054.
  70-37        (b)  The commission may negotiate for space on making a
  70-38  written determination that competition is not available.  (V.A.C.S.
  70-39  Art. 601b, Sec. 6.05(c).)
  70-40        Sec. 2167.053.  LEASING SPACE THROUGH COMPETITIVE BIDDING.
  70-41  (a)  When space is leased through competitive bidding, the
  70-42  commission shall determine the lowest and best bid after
  70-43  considering moving costs, the cost of time lost in moving, the cost
  70-44  of telecommunications services, and other relevant factors.
  70-45        (b)  The commission shall send to the leasing state agency:
  70-46              (1)  a copy of all bids received; and
  70-47              (2)  the commission's recommended award.
  70-48        (c)  If, after review of the bids and evaluation of all
  70-49  relevant factors, the leasing state agency's opinion is that the
  70-50  bid selected by the commission is not the lowest and best bid, it
  70-51  may file with the commission a written recommendation that the
  70-52  award be made to a bidder other than the commission's recommended
  70-53  bidder.  The leasing state agency's recommendation must contain the
  70-54  agency's justification for its recommendation and a complete
  70-55  explanation of all factors it considered.
  70-56        (d)  The commission shall fully consider the leasing state
  70-57  agency's recommendation and, if it does not agree, shall notify the
  70-58  agency of its disagreement in writing.  The leasing state agency
  70-59  and the commission shall attempt to agree on the award.
  70-60        (e)  If the commission and the leasing state agency do not
  70-61  agree within 30 days, all bids and pertinent documents shall be
  70-62  sent to the governor.  The governor shall designate the bidder to
  70-63  which the award shall be made.  (V.A.C.S. Art. 601b, Sec. 6.05(d).)
  70-64        Sec. 2167.054.  LEASING SPACE THROUGH COMPETITIVE SEALED
  70-65  PROPOSALS.  (a)  The commission may lease space using competitive
  70-66  sealed proposals if the commission first determines that
  70-67  competitive bidding is not practical or is disadvantageous to the
  70-68  state.
  70-69        (b)  The commission shall solicit proposals by publishing a
  70-70  notice of request for proposals in:
   71-1              (1)  the Texas Register; and
   71-2              (2)  a newspaper of general circulation in the county
   71-3  in which the space is to be leased.
   71-4        (c)  The commission shall open each proposal in a manner that
   71-5  does not disclose the contents of the proposal during the process
   71-6  of negotiating with competing offerors.
   71-7        (d)  As provided in a request for proposals and under rules
   71-8  adopted by the commission, the commission may discuss acceptable or
   71-9  potentially acceptable proposals with offerors to assess an
  71-10  offeror's ability to meet the solicitation requirements and to
  71-11  obtain the most advantageous lease contract for the state.  The
  71-12  commission shall invite a leasing state agency to participate in
  71-13  discussions and negotiations conducted under this section.  After
  71-14  receiving a proposal but before making an award, the commission may
  71-15  permit the offeror to revise the proposal to obtain the best final
  71-16  proposal.
  71-17        (e)  The commission may not disclose information derived from
  71-18  proposals submitted from competing offerors in conducting
  71-19  discussions under Subsection (d).
  71-20        (f)  The commission shall provide each offeror whose proposal
  71-21  meets the minimum requirements in the request for proposals a
  71-22  reasonable opportunity to discuss and revise its proposal.
  71-23        (g)  The commission shall make a written award of a lease to
  71-24  the offeror whose proposal is the most advantageous to the state,
  71-25  considering price and the evaluation factors in the request for
  71-26  proposals.  The commission may not use other factors or criteria in
  71-27  its evaluation.  The commission shall state in writing in the
  71-28  contract file the reasons for which an award is made.
  71-29        (h)  The commission shall refuse all proposals if it
  71-30  determines that none of the proposals is acceptable.
  71-31        (i)  If the competitive sealed proposal procedure for leasing
  71-32  space is used by an institution of higher education that has been
  71-33  delegated leasing authority under Section 2167.005, the
  71-34  institution:
  71-35              (1)  must first determine that competitive bidding is
  71-36  not practical or is disadvantageous to the state; and
  71-37              (2)  shall follow the procedures outlined by this
  71-38  section and any rules adopted by the commission.  (V.A.C.S.
  71-39  Art. 601b, Sec. 6.051.)
  71-40        Sec. 2167.055.  CONTRACT FOR LEASE OF SPACE.  (a)  In a
  71-41  contract by the commission for the lease of space under this
  71-42  chapter, the state, acting through the commission, is the lessee.
  71-43        (b)  The lease contract must reflect the provisions contained
  71-44  in the invitation for bids or request for proposals, the successful
  71-45  bid or proposal, and the award of the contract.
  71-46        (c)  A lease contract may:
  71-47              (1)  provide for an original term that does not exceed
  71-48  10 years; and
  71-49              (2)  include options to renew for as many terms that do
  71-50  not exceed 10 years each as the commission considers to be in the
  71-51  state's best interest.
  71-52        (d)  A lease contract that does not contain an option to
  71-53  renew may, on agreement of the parties, be renewed once under the
  71-54  provisions of the original contract for a term that does not exceed
  71-55  one year.
  71-56        (e)  A lease contract is contingent on the availability of
  71-57  money appropriated by the legislature to pay for the lease.
  71-58        (f)  The obligation of the lessor to provide lease space and
  71-59  of the commission to accept the space is binding on the award of
  71-60  the contract.  (V.A.C.S. Art. 601b, Secs. 6.05(e), (f), (g), (h),
  71-61  (i).)
  71-62        Sec. 2167.056.  OPTION TO PURCHASE.  (a)  If the commission
  71-63  considers it advisable, the commission may lease space for a state
  71-64  agency under a contract that contains an option for the commission
  71-65  to purchase the space subject to the legislature's appropriation of
  71-66  money for the purchase.
  71-67        (b)  A lease contract containing the option must indicate:
  71-68              (1)  the amount that will accumulate and be credited
  71-69  toward the purchase at various times during the lease term; and
  71-70              (2)  the purchase price of the property at the
   72-1  beginning of each fiscal biennium during the lease term.  (V.A.C.S.
   72-2  Art. 601b, Sec. 6.09.)
   72-3          (Sections 2167.057-2167.100 reserved for expansion)
   72-4           SUBCHAPTER C.  COMMISSION AND STATE AGENCY POWERS
   72-5                  AND DUTIES RELATED TO LEASED SPACE
   72-6        Sec. 2167.101.  CERTIFICATION OF AVAILABLE MONEY.  A state
   72-7  agency occupying space leased under this chapter shall certify to
   72-8  the commission, at least 60 days before the beginning of each
   72-9  fiscal biennium during the lease term, that money is available to
  72-10  pay for the lease.  (V.A.C.S. Art. 601b, Sec. 6.08.)
  72-11        Sec. 2167.102.  REMEDIAL ACTION AGAINST LESSOR.  (a)  When a
  72-12  state agency occupying leased space is aware of circumstances that
  72-13  require remedial action against the lessor, the agency shall notify
  72-14  the commission.
  72-15        (b)  The commission may investigate the circumstances and the
  72-16  lessor's performance under the contract.
  72-17        (c)  The attorney general on the commission's request shall
  72-18  assist the commission in protecting the state's interest under a
  72-19  lease contract.  (V.A.C.S. Art. 601b, Sec. 6.07.)
  72-20        Sec. 2167.103.  RECORDS.  To efficiently maintain a space
  72-21  management system, the commission shall maintain records of the
  72-22  amount and cost of space under lease by the commission and may
  72-23  collect other information that it considers necessary.  A state
  72-24  agency shall cooperate with the commission in securing this
  72-25  information.  (V.A.C.S. Art. 601b, Sec. 6.10.)
  72-26        Sec. 2167.104.  SUBLEASE TO CHILD CARE PROVIDER.
  72-27  (a)  Subject to restrictions imposed by a lease or other
  72-28  enforceable contract, the commission, at the direction of the Child
  72-29  Care Development Board and at the request of the occupying agency,
  72-30  shall sublease part of a space leased under this chapter to a child
  72-31  care provider for the operation of a child care facility.
  72-32        (b)  Chapter 663 applies to the establishment and operation
  72-33  of the child care facility, except as provided by this section.
  72-34        (c)  This section does not affect the duties of the
  72-35  commission regarding child care facilities in state-owned buildings
  72-36  and potential child care facility sites in state-owned buildings
  72-37  under Chapter 663, 2165, or 2166.
  72-38        (d)  The occupying agency and the Child Care Development
  72-39  Board may agree to:
  72-40              (1)  procedures relating to the selection of the child
  72-41  care provider;
  72-42              (2)  granting some preference in enrollment to children
  72-43  of officers and employees of the occupying state agency; and
  72-44              (3)  any other matter regarding the operation of the
  72-45  child care facility.
  72-46        (e)  The commission shall sublease space under this section
  72-47  to a child care provider approved by the Child Care Development
  72-48  Board at a rate set by the board.
  72-49        (f)  In leasing space under this chapter, the commission
  72-50  shall, whenever possible, enter into a lease contract that allows
  72-51  for subleasing space to a child care provider.  (V.A.C.S.
  72-52  Art. 601b, Sec. 6.14.)
  72-53              (Chapters 2168-2169 reserved for expansion)
  72-54              CHAPTER 2170.  TELECOMMUNICATIONS SERVICES
  72-55                   SUBCHAPTER A.  GENERAL PROVISIONS
  72-56  Sec. 2170.001.  DEFINITIONS
  72-57  Sec. 2170.002.  COMMISSION RESPONSIBLE FOR OBTAINING
  72-58                    TELECOMMUNICATIONS SERVICES
  72-59  Sec. 2170.003.  OWNERSHIP OR LEASE OF NECESSARY EQUIPMENT
  72-60  Sec. 2170.004.  CONTRACTS WITH ENTITIES OTHER THAN STATE
  72-61                    AGENCIES
  72-62  Sec. 2170.005.  POLICIES, GUIDELINES, AND OPERATING
  72-63                    PROCEDURES
  72-64  Sec. 2170.006.  COST-EFFECTIVENESS OF SYSTEM
  72-65  Sec. 2170.007.  RESTRICTION ON COMMISSION ACTIONS
  72-66  Sec. 2170.008.  RATE INTERVENTION
  72-67          (Sections 2170.009-2170.050 reserved for expansion)
  72-68         SUBCHAPTER B.  SYSTEM OF TELECOMMUNICATIONS SERVICES
  72-69  Sec. 2170.051.  MANAGEMENT OF SYSTEM
  72-70  Sec. 2170.052.  BALANCING TECHNOLOGICAL ADVANCEMENTS AND
   73-1                    EXISTING FACILITIES
   73-2  Sec. 2170.053.  SHARING OF SERVICES
   73-3  Sec. 2170.054.  DEVELOPMENT OF SYSTEM
   73-4  Sec. 2170.055.  REVIEW AND COMMENT BY EDUCATION AGENCIES
   73-5  Sec. 2170.056.  COSTS TO STATE OF PARALLEL TOLLS
   73-6  Sec. 2170.057.  PAYMENT FOR SERVICES
   73-7  Sec. 2170.058.  USE OF SYSTEM BY CERTAIN STUDENTS
   73-8  Sec. 2170.059.  CENTRALIZED CAPITOL COMPLEX TELEPHONE
   73-9                    SYSTEM
  73-10  Sec. 2170.060.  DEVELOPMENT OF PLAN FOR STATE TELECOMMUNICATIONS
  73-11                    NETWORK
  73-12              CHAPTER 2170.  TELECOMMUNICATIONS SERVICES
  73-13                   SUBCHAPTER A.  GENERAL PROVISIONS
  73-14        Sec. 2170.001.  DEFINITIONS.  (a)  In this chapter:
  73-15              (1)  "Telecommunications services" means intercity
  73-16  communications facilities or services.  The term does not include
  73-17  single agency point-to-point radio systems or facilities or
  73-18  services of criminal justice information communication systems.
  73-19              (2)  "Consolidated telecommunications system" means the
  73-20  network of telecommunications services serving the state
  73-21  government.
  73-22        (b)  In this section, any dedicated circuits included as part
  73-23  of the consolidated telecommunications system are considered to
  73-24  begin and end at the main connecting frame.  (V.A.C.S. Art. 601b,
  73-25  Sec. 10.01.)
  73-26        Sec. 2170.002.  COMMISSION RESPONSIBLE FOR OBTAINING
  73-27  TELECOMMUNICATIONS SERVICES.  The commission is the state agency
  73-28  responsible for obtaining telecommunications services.  (V.A.C.S.
  73-29  Art. 601b, Sec. 10.08.)
  73-30        Sec. 2170.003.  OWNERSHIP OR LEASE OF NECESSARY EQUIPMENT.
  73-31  The commission may own, lease, or lease-purchase in accordance with
  73-32  Chapters 2155-2158 any or all of the facilities or equipment
  73-33  necessary to provide telecommunications services.  (V.A.C.S.
  73-34  Art. 601b, Sec. 10.02(e) (part).)
  73-35        Sec. 2170.004.  CONTRACTS WITH ENTITIES OTHER THAN STATE
  73-36  AGENCIES.  The commission may contract for use of the consolidated
  73-37  telecommunications system with:
  73-38              (1)  each house of the legislature;
  73-39              (2)  a legislative agency;
  73-40              (3)  an agency that is not a state agency as defined by
  73-41  Section 2151.002; and
  73-42              (4)  a political subdivision, including a county,
  73-43  municipality, or district.  (V.A.C.S. Art. 601b, Sec. 10.07.)
  73-44        Sec. 2170.005.  POLICIES, GUIDELINES, AND OPERATING
  73-45  PROCEDURES.  (a)  To ensure efficient operation of the consolidated
  73-46  telecommunications system at minimum cost to the state, the
  73-47  commission shall adopt and disseminate to all agencies appropriate
  73-48  guidelines, operating procedures, and telephone directories.
  73-49        (b)  Each agency shall comply with the policies, guidelines,
  73-50  and operating procedures.  (V.A.C.S. Art. 601b, Secs. 10.03(a), (b)
  73-51  (part).)
  73-52        Sec. 2170.006.  COST-EFFECTIVENESS OF SYSTEM.  (a)  The
  73-53  commission, with the advice of the state auditor, shall maintain
  73-54  records relating to the consolidated telecommunications system
  73-55  necessary to enable the commission to analyze the
  73-56  cost-effectiveness of the system to state agencies.
  73-57        (b)  The commission shall advise the legislature at each
  73-58  session about the system's cost-effectiveness.  (V.A.C.S.
  73-59  Art. 601b, Sec. 10.03(b) (part).)
  73-60        Sec. 2170.007.  RESTRICTION ON COMMISSION ACTIONS.  The
  73-61  commission may not take any action under this chapter, including
  73-62  adopting a policy, guideline, or procedure, that is inconsistent
  73-63  with a guideline or rule adopted by the Department of Information
  73-64  Resources.  (V.A.C.S. Art. 601b, Sec. 10.035.)
  73-65        Sec. 2170.008.  RATE INTERVENTION.  (a)  If the commission
  73-66  determines there is sufficient economic impact on state government,
  73-67  the commission may intervene on behalf of state agencies in
  73-68  telecommunications rate cases and may hire special counsel and
  73-69  expert witnesses to prepare and present testimony.
  73-70        (b)  The attorney general shall represent the commission
   74-1  before the courts in all appeals from rate cases in which the
   74-2  commission intervenes.  (V.A.C.S. Art. 601b, Sec. 10.11.)
   74-3          (Sections 2170.009-2170.050 reserved for expansion)
   74-4         SUBCHAPTER B.  SYSTEM OF TELECOMMUNICATIONS SERVICES
   74-5        Sec. 2170.051.  MANAGEMENT OF SYSTEM.  (a)  The commission
   74-6  shall manage the operation of a system of telecommunications
   74-7  services for all state agencies.  Each agency shall identify its
   74-8  particular requirements for telecommunications services and the
   74-9  site at which the services are to be provided.
  74-10        (b)  The commission shall fulfill the telecommunications
  74-11  requirements of each state agency to the extent possible and to the
  74-12  extent that money is appropriated or available for that purpose.
  74-13  (V.A.C.S. Art. 601b, Secs. 10.02(a), (b).)
  74-14        Sec. 2170.052.  BALANCING TECHNOLOGICAL ADVANCEMENTS AND
  74-15  EXISTING FACILITIES.  In the planning, design, implementation, and
  74-16  operation of the consolidated telecommunications system, the
  74-17  commission shall maintain an appropriate balance between the
  74-18  adoption of technological advancements and the efficient use of
  74-19  existing facilities and services to avoid misapplication of state
  74-20  money and degradation or loss of the integrity of existing systems
  74-21  and facilities.  (V.A.C.S. Art. 601b, Sec. 10.04.)
  74-22        Sec. 2170.053.  SHARING OF SERVICES.  (a)  To avoid waste of
  74-23  state money and personnel, telecommunications services shall be
  74-24  provided on an integrated or shared basis, or both, to the extent
  74-25  feasible and advisable, among entities authorized to use the
  74-26  consolidated telecommunications system under this chapter.
  74-27        (b)  Sharing or integrated use does not constitute the resale
  74-28  or carriage of services and does not subject the system to
  74-29  regulation or reporting under the Public Utility Regulatory Act
  74-30  (Article 1446c, Vernon's Texas Civil Statutes).  (V.A.C.S.
  74-31  Art. 601b, Sec. 10.05(a).)
  74-32        Sec. 2170.054.  DEVELOPMENT OF SYSTEM.  (a)  The commission,
  74-33  Department of Information Resources, and comptroller shall jointly
  74-34  develop functional requirements for a statewide system of
  74-35  telecommunications services for all state agencies.  Existing
  74-36  networks, as configured on September 1, 1991, of institutions of
  74-37  higher education are exempt.
  74-38        (b)  The commission, Department of Information Resources, and
  74-39  comptroller shall develop requests for information and proposals
  74-40  for a statewide system of telecommunications services for all state
  74-41  agencies.
  74-42        (c)  The commission, Department of Information Resources, and
  74-43  comptroller shall negotiate rates and execute contracts with
  74-44  telecommunications service providers for services.  Those entities
  74-45  may:
  74-46              (1)  acquire transmission facilities by purchase,
  74-47  lease, or lease-purchase in accordance with Chapters 2155-2158; and
  74-48              (2)  develop, establish, and maintain carrier systems
  74-49  necessary to the operation of the telecommunications system.
  74-50  (V.A.C.S. Art. 601b, Secs. 10.02(c), (d), (e) (part).)
  74-51        Sec. 2170.055.  REVIEW AND COMMENT BY EDUCATION AGENCIES.
  74-52  (a)  A representative of the Central Education Agency and a
  74-53  representative of the Texas Higher Education Coordinating Board
  74-54  shall review and comment on telecommunications plans developed
  74-55  under Section 2170.054.
  74-56        (b)  The participation of the Central Education Agency and
  74-57  the Texas Higher Education Coordinating Board is for the limited
  74-58  purpose of coordinating the statewide telecommunications system
  74-59  developed under this chapter with the telecommunications systems of
  74-60  educational entities that are not subject to this chapter.
  74-61        (c)  A representative of the Central Education Agency or the
  74-62  Texas Higher Education Coordinating Board under this section acts
  74-63  in an advisory capacity only and is not entitled to vote on
  74-64  decisions made under this chapter.  (V.A.C.S. Art. 601b, Sec.
  74-65  10.02(g).)
  74-66        Sec. 2170.056.  COSTS TO STATE OF PARALLEL TOLLS.  All
  74-67  contracts with telecommunications carriers shall provide that the
  74-68  commission or any participating agency may obtain any information
  74-69  relating to the costs to the state of parallel tolls.  (V.A.C.S.
  74-70  Art. 601b, Sec. 10.02(f).)
   75-1        Sec. 2170.057.  PAYMENT FOR SERVICES.  (a)  The commission
   75-2  shall develop a system of billings and charges for services
   75-3  provided in operating and administering the consolidated
   75-4  telecommunications system that allocates the total state cost to
   75-5  each entity served by the system based on proportionate usage.
   75-6        (b)  The comptroller shall establish in the state treasury a
   75-7  revolving fund account for the administration of this chapter.  The
   75-8  account shall be used as a depository for money received from
   75-9  entities served.
  75-10        (c)  To provide an adequate cash flow as necessary for
  75-11  purposes of this chapter, using state agencies and other entities,
  75-12  on proper notification, shall make monthly payments into the
  75-13  telecommunications revolving fund account from appropriated or
  75-14  other available money.  The legislature may appropriate money for
  75-15  operating the system directly to the commission, in which case the
  75-16  revolving fund account shall be used to receive money due from
  75-17  local governmental entities and other agencies to the extent that
  75-18  their money is not subject to legislative appropriation.
  75-19        (d)  The commission shall maintain in the revolving fund
  75-20  account sufficient amounts to pay the bills of the consolidated
  75-21  telecommunications system and the centralized capitol complex
  75-22  telephone system.  The commission shall certify amounts that exceed
  75-23  this amount to the comptroller, and the comptroller shall transfer
  75-24  the excess amounts to the credit of the statewide network
  75-25  applications account established by Section 22A, Information
  75-26  Resources Management Act (Article 4413(32j), Revised Statutes).
  75-27  (V.A.C.S. Art. 601b, Sec. 10.06.)
  75-28        Sec. 2170.058.  USE OF SYSTEM BY CERTAIN STUDENTS.  (a)  An
  75-29  institution of higher education under Section 61.003, Education
  75-30  Code, that is authorized to use the system of telecommunications
  75-31  services established under this chapter may allow students of the
  75-32  institution who reside in housing for which the institution
  75-33  provides telephone service to use the system of telecommunications
  75-34  services.  An institution shall recover from a student who chooses
  75-35  to use the system the full pro rata cost attributable to that
  75-36  student's use, including costs identifiable for interconnection to
  75-37  and use of the local publicly switched network.
  75-38        (b)  The commission shall adopt rules that govern student
  75-39  access to the system, including:
  75-40              (1)  times of access to the system; and
  75-41              (2)  the full recovery of actual costs from each
  75-42  student who uses the system.
  75-43        (c)  In consideration of the duties and responsibilities
  75-44  given the commission under this subtitle, it is the policy of this
  75-45  state that a state agency or unit of state government may not
  75-46  provide telecommunications products or services to the general
  75-47  public in competition with private enterprise unless there is a
  75-48  finding that providing the products or services is in the public
  75-49  interest.  This subsection does not prohibit students who reside in
  75-50  housing for which institutions of higher education provide
  75-51  telephone service from using service provided under this section.
  75-52  (V.A.C.S. Art. 601b, Sec. 10.071.)
  75-53        Sec. 2170.059.  CENTRALIZED CAPITOL COMPLEX TELEPHONE SYSTEM.
  75-54  (a)  The commission shall provide centralized telephone service for
  75-55  state agencies, each house of the legislature, and legislative
  75-56  agencies in the capitol complex.  State agencies in the capitol
  75-57  complex shall use the service.  Each house of the legislature and
  75-58  each legislative agency shall use the service at the discretion of
  75-59  the legislature.  The commission may provide the service to other
  75-60  state agencies that subscribe to it.
  75-61        (b)  Each using entity shall make monthly payments to the
  75-62  commission when billed by the commission.
  75-63        (c)  Each using entity may arrange for its own terminal
  75-64  telephone equipment, but the equipment must be compatible with the
  75-65  centralized telephone service.  The commission shall make terminal
  75-66  equipment available for using entities that choose to use that
  75-67  terminal equipment.
  75-68        (d)  The commission annually shall prepare and issue a
  75-69  revised centralized telephone service directory not later than
  75-70  March 31.  (V.A.C.S. Art. 601b, Sec. 10.09.)
   76-1        Sec. 2170.060.  DEVELOPMENT OF PLAN FOR STATE
   76-2  TELECOMMUNICATIONS NETWORK.  (a)  The commission, the Department of
   76-3  Information Resources, and the comptroller shall develop, in
   76-4  coordination with The Texas A&M University System, The University
   76-5  of Texas System, other institutions of higher education, and other
   76-6  state agencies, a plan for a state telecommunications network that
   76-7  will effectively and efficiently meet the long-term requirements of
   76-8  state government for voice, video, and computer communications.
   76-9        (b)  The plan should recognize that all state agencies,
  76-10  including institutions of higher education, are a single entity for
  76-11  purposes of purchasing and determining tariffs.
  76-12        (c)  The plan must incorporate efficiencies obtained through
  76-13  the use of shared transmission services and open systems
  76-14  architecture as they become available, building on existing systems
  76-15  as appropriate.  The developers of the plan shall make use of the
  76-16  technical expertise of state agencies, including institutions of
  76-17  higher education.  (V.A.C.S. Art. 601b, Sec. 10.05(b) (part).)
  76-18           CHAPTER 2171.  TRAVEL AND VEHICLE FLEET SERVICES
  76-19                   SUBCHAPTER A.  GENERAL PROVISIONS
  76-20  Sec. 2171.001.  TRAVEL DIVISION
  76-21  Sec. 2171.002.  RULES
  76-22          (Sections 2171.003-2171.050 reserved for expansion)
  76-23                    SUBCHAPTER B.  TRAVEL SERVICES
  76-24  Sec. 2171.051.  PROVISION OF TRAVEL-RELATED SERVICES
  76-25  Sec. 2171.052.  CONTRACTS WITH PROVIDERS OF TRAVEL
  76-26                    SERVICES
  76-27  Sec. 2171.053.  CONTRACTS NOT SUBJECT TO COMPETITIVE BIDDING
  76-28                    REQUIREMENTS
  76-29  Sec. 2171.054.  TRAVEL VOUCHER AUDITS
  76-30  Sec. 2171.055.  PARTICIPATION BY STATE AGENCIES IN TRAVEL
  76-31                    SERVICES CONTRACTS
  76-32  Sec. 2171.056.  PURCHASE OF OR REIMBURSEMENT FOR TRANSPORTATION
  76-33                    IN AMOUNT EXCEEDING CONTRACTED RATES
  76-34          (Sections 2171.057-2171.100 reserved for expansion)
  76-35                 SUBCHAPTER C.  VEHICLE FLEET SERVICES
  76-36  Sec. 2171.101.  VEHICLE-REPORTING SYSTEM
  76-37  Sec. 2171.102.  MAINTENANCE OF STATE VEHICLES
  76-38  Sec. 2171.103.  FACILITATION OF CONVERSION TO AND USE OF
  76-39                    ALTERNATIVE FUELS
  76-40           CHAPTER 2171.  TRAVEL AND VEHICLE FLEET SERVICES
  76-41                   SUBCHAPTER A.  GENERAL PROVISIONS
  76-42        Sec. 2171.001.  TRAVEL DIVISION.  The travel division of the
  76-43  commission is composed of the central travel office and the office
  76-44  of vehicle fleet management.  (V.A.C.S. Art. 601b, Sec. 14.01
  76-45  (part).)
  76-46        Sec. 2171.002.  RULES.  The commission shall adopt rules to
  76-47  implement this chapter, including rules related to:
  76-48              (1)  the structure of the commission's travel agency
  76-49  contracts;
  76-50              (2)  the procedures the commission uses in requesting
  76-51  and evaluating bids or proposals for travel agency contracts; and
  76-52              (3)  the use by state agencies of negotiated contract
  76-53  rates for travel services.  (V.A.C.S. Art. 601b, Sec. 14.01
  76-54  (part).)
  76-55          (Sections 2171.003-2171.050 reserved for expansion)
  76-56                    SUBCHAPTER B.  TRAVEL SERVICES
  76-57        Sec. 2171.051.  PROVISION OF TRAVEL-RELATED SERVICES.
  76-58  (a)  The central travel office shall monitor travel reservations
  76-59  and other travel arrangements required for business travel by a
  76-60  state employee or state agency and shall provide travel-related
  76-61  services as provided by this chapter.
  76-62        (b)  State agencies shall use the office's services to the
  76-63  maximum extent consistent with improved economy and efficiency.
  76-64        (c)  After approval by the executive director, the central
  76-65  travel office shall designate state agencies that may use the
  76-66  services of the office.  The executive director shall approve the
  76-67  use of those services by the designated state agencies after the
  76-68  director of the travel division certifies to the executive director
  76-69  that the central travel office is capable of providing those
  76-70  services.  (V.A.C.S. Art. 601b, Sec. 14.02(a).)
   77-1        Sec. 2171.052.  CONTRACTS WITH PROVIDERS OF TRAVEL SERVICES.
   77-2  (a)  The central travel office may negotiate contracts with private
   77-3  travel agents, with travel and transportation providers, and with
   77-4  credit card companies that provide travel services and other
   77-5  benefits to the state.
   77-6        (b)  The commission shall make contracts with more than one
   77-7  provider of travel agency services.  (V.A.C.S. Art. 601b, Sec.
   77-8  14.02(b) (part).)
   77-9        Sec. 2171.053.  CONTRACTS NOT SUBJECT TO COMPETITIVE BIDDING
  77-10  REQUIREMENTS.  Contracts under this subchapter are not subject to
  77-11  the competitive bidding requirements imposed under Chapters
  77-12  2155-2158.  (V.A.C.S. Art. 601b, Sec. 14.02(b) (part).)
  77-13        Sec. 2171.054.  TRAVEL VOUCHER AUDITS.  The comptroller
  77-14  shall, under Chapter 403, audit travel vouchers for compliance with
  77-15  rules adopted to enforce this subchapter.  (V.A.C.S. Art. 601b,
  77-16  Sec. 14.02(b) (part).)
  77-17        Sec. 2171.055.  PARTICIPATION BY STATE AGENCIES IN TRAVEL
  77-18  SERVICES CONTRACTS.  (a)  State agencies in the executive branch of
  77-19  state government shall participate under commission rules in the
  77-20  commission's contracts for travel services.
  77-21        (b)  An institution of higher education as defined by Section
  77-22  61.003, Education Code, is not required to participate in the
  77-23  commission's contracts for travel agency services or other travel
  77-24  services purchased from funds other than general revenue funds or
  77-25  educational and general funds as defined by Section 51.009,
  77-26  Education Code.
  77-27        (c)  The commission may provide by rule for exemptions from
  77-28  required participation.
  77-29        (d)  Agencies of the state that are not required to
  77-30  participate in commission contracts for travel services may
  77-31  participate as provided by Section 2171.051.  (V.A.C.S. Art. 601b,
  77-32  Sec. 14.02(c).)
  77-33        Sec. 2171.056.  PURCHASE OF OR REIMBURSEMENT FOR
  77-34  TRANSPORTATION IN AMOUNT EXCEEDING CONTRACTED RATES.  (a)  This
  77-35  section applies only to a state agency in the executive branch of
  77-36  state government that is required to participate in the
  77-37  commission's contracts for travel services.
  77-38        (b)  Except as provided by commission rule, a state agency
  77-39  may not:
  77-40              (1)  purchase commercial airline or rental car
  77-41  transportation if the amount of the purchase exceeds the amount of
  77-42  the central travel office's contracted fares or rates; or
  77-43              (2)  reimburse a person for the purchase of commercial
  77-44  airline or rental car transportation for the amount that exceeds
  77-45  the amount of the central travel office's contracted fares or
  77-46  rates.
  77-47        (c)  The commission shall educate state agencies about this
  77-48  section.
  77-49        (d)  The comptroller shall audit travel vouchers under
  77-50  Chapter 403 for compliance with this section.
  77-51        (e)  The commission shall adopt rules related to exemptions
  77-52  from the prohibition prescribed by Subsection (b).  To facilitate
  77-53  the audit of the travel vouchers, the commission shall consult with
  77-54  the comptroller before the commission adopts rules or procedures
  77-55  under Subsection (b).  (V.A.C.S. Art. 601b, Secs. 14.01 (part),
  77-56  14.02(d), (e).)
  77-57          (Sections 2171.057-2171.100 reserved for expansion)
  77-58                 SUBCHAPTER C.  VEHICLE FLEET SERVICES
  77-59        Sec. 2171.101.  VEHICLE-REPORTING SYSTEM.  (a)  The office of
  77-60  vehicle fleet management shall establish a vehicle-reporting system
  77-61  to assist each state agency in the management of its vehicle fleet.
  77-62        (b)  The office shall:
  77-63              (1)  develop automated information retrieval systems to
  77-64  implement the reporting system; and
  77-65              (2)  maintain a complete inventory of agency vehicles
  77-66  by class of vehicle.
  77-67        (c)  The office shall determine the average cost of operation
  77-68  for each class of vehicle.  (V.A.C.S. Art. 601b, Sec. 14.03(a).)
  77-69        Sec. 2171.102.  MAINTENANCE OF STATE VEHICLES.  (a)  The
  77-70  office of vehicle fleet management shall provide routine periodic
   78-1  maintenance service to state agencies located in Travis County.
   78-2  The office shall charge a fee for the service.
   78-3        (b)  The office shall negotiate contracts for major overhauls
   78-4  and other extensive mechanical work.
   78-5        (c)  Contracts entered into under this section are not
   78-6  subject to the competitive bidding requirements imposed under
   78-7  Chapters 2155-2158.  (V.A.C.S. Art. 601b, Sec. 14.03(b).)
   78-8        Sec. 2171.103.  FACILITATION OF CONVERSION TO AND USE OF
   78-9  ALTERNATIVE FUELS.  (a)  The office of vehicle fleet management may
  78-10  act as necessary to encourage and facilitate the conversion and use
  78-11  of motor vehicles that are capable of using alternative fuels,
  78-12  especially compressed natural gas.
  78-13        (b)  The office may:
  78-14              (1)  establish centralized refueling stations
  78-15  throughout the state;
  78-16              (2)  operate regional conversion and repair facilities;
  78-17  and
  78-18              (3)  provide all services and support necessary to
  78-19  expedite the use of compressed natural gas or other alternative
  78-20  fuels by state agencies as required by Subchapter A, Chapter 2158,
  78-21  and by school districts as required by Section 2155.201.  (V.A.C.S.
  78-22  Art. 601b, Sec. 14.03(c).)
  78-23             CHAPTER 2172.  MISCELLANEOUS GENERAL SERVICES
  78-24                        PROVIDED BY COMMISSION
  78-25  Sec. 2172.001.  CENTRAL SUPPLY STORE
  78-26  Sec. 2172.002.  BUSINESS MACHINE REPAIR
  78-27  Sec. 2172.003.  PRINTING
  78-28  Sec. 2172.004.  ARCHIVES
  78-29  Sec. 2172.005.  DONATIONS
  78-30             CHAPTER 2172.  MISCELLANEOUS GENERAL SERVICES
  78-31                        PROVIDED BY COMMISSION
  78-32        Sec. 2172.001.  CENTRAL SUPPLY STORE.  (a)  The commission
  78-33  shall operate a central supply store at which only state agencies,
  78-34  the legislature, and legislative agencies may obtain small supply
  78-35  items.
  78-36        (b)  After the close of each month, the commission shall send
  78-37  a purchase voucher to each using entity for the supply items
  78-38  purchased.  (V.A.C.S. Art. 601b, Sec. 11.04.)
  78-39        Sec. 2172.002.  BUSINESS MACHINE REPAIR.  (a)  The commission
  78-40  shall maintain a facility for repairing office machines and shall
  78-41  offer repair services to the following entities located in Austin:
  78-42              (1)  state agencies;
  78-43              (2)  the legislature; and
  78-44              (3)  legislative agencies.
  78-45        (b)  Using entities shall pay the commission for repair
  78-46  services by vouchers prepared and sent to the using entity by the
  78-47  commission.
  78-48        (c)  The commission may not repair or maintain a privately
  78-49  owned machine.  (V.A.C.S. Art. 601b, Sec. 11.03.)
  78-50        Sec. 2172.003.  PRINTING.  (a)  The commission may:
  78-51              (1)  assist a state agency with the agency's printing
  78-52  activities; and
  78-53              (2)  assess and evaluate those activities.
  78-54        (b)  The commission may recommend changes intended to
  78-55  increase the productivity and cost-effectiveness of printing
  78-56  operations of state agencies.  Recommendations may be reported
  78-57  periodically to the appropriate associate deputy director under
  78-58  commission rules.
  78-59        (c)  The commission may:
  78-60              (1)  adopt standard accounting procedures that permit
  78-61  evaluating and comparing the costs of printing operations conducted
  78-62  by state agencies;
  78-63              (2)  coordinate activities among state print shops;
  78-64              (3)  review state agency requisitions for new printing
  78-65  shop equipment;
  78-66              (4)  assist state agencies in expediting the production
  78-67  of printing and graphic arts;
  78-68              (5)  maintain a roster of state print shops and their
  78-69  equipment, facilities, and special capabilities;
  78-70              (6)  serve as a clearinghouse for private vendors of
   79-1  printing services to ensure that printing services and supplies are
   79-2  purchased in the most efficient and economical manner;
   79-3              (7)  coordinate the consolidation of print shops
   79-4  operated by state agencies when the agencies involved determine
   79-5  that consolidation is appropriate; and
   79-6              (8)  develop procedures for the recovery of the
   79-7  commission's reasonable costs under Chapter 317 from amounts
   79-8  appropriated to the state agencies for which identified savings are
   79-9  achieved.
  79-10        (d)  This section does not apply to an institution of higher
  79-11  education.  (V.A.C.S. Art. 601b, Sec. 11.06.)
  79-12        Sec. 2172.004.  ARCHIVES.  The commission may store and
  79-13  display the archives of Texas.  (V.A.C.S. Art. 601b, Sec. 5.09.)
  79-14        Sec. 2172.005.  DONATIONS.  The commission may solicit and
  79-15  accept private donations for the Congress Avenue beautification
  79-16  program, a capital improvements project in Austin.  The program
  79-17  includes improvements in the capitol complex generally north of the
  79-18  Capitol along either side of Congress Avenue.  (V.A.C.S. Art. 601b,
  79-19  Sec. 5.33.)
  79-20              (Chapters 2173-2174 reserved for expansion)
  79-21              CHAPTER 2175.  SURPLUS AND SALVAGE PROPERTY
  79-22                   SUBCHAPTER A.  GENERAL PROVISIONS
  79-23  Sec. 2175.001.  DEFINITIONS
  79-24  Sec. 2175.002.  ADMINISTRATION OF CHAPTER
  79-25  Sec. 2175.003.  SEPARATE AND INDEPENDENT OPERATION OF SURPLUS
  79-26                    AND SALVAGE PROPERTY DIVISION
  79-27  Sec. 2175.004.  CIVIL AIR PATROL; VOLUNTEER FIRE
  79-28                    DEPARTMENTS
  79-29          (Sections 2175.005-2175.060 reserved for expansion)
  79-30              SUBCHAPTER B.  COMMISSION POWERS AND DUTIES
  79-31  Sec. 2175.061.  RULES, FORMS, AND PROCEDURES
  79-32  Sec. 2175.062.  MAILING LIST; LIST OF PROSPECTIVE BUYERS
  79-33  Sec. 2175.063.  MAXIMUM RETURN FROM DISPOSITION OF SURPLUS
  79-34                    OR SALVAGE PROPERTY
  79-35  Sec. 2175.064.  COOPERATION IN EVALUATION AND ANALYSIS
  79-36  Sec. 2175.065.  DELEGATION OF AUTHORITY TO STATE AGENCY
  79-37          (Sections 2175.066-2175.120 reserved for expansion)
  79-38     SUBCHAPTER C.  DIRECT TRANSFER OF SURPLUS OR SALVAGE PROPERTY
  79-39  Sec. 2175.121.  STATE AGENCY NOTICE TO COMMISSION
  79-40  Sec. 2175.122.  COMMISSION NOTICE TO OTHER ENTITIES
  79-41  Sec. 2175.123.  DIRECT NEGOTIATION FOR TRANSFER
  79-42  Sec. 2175.124.  NOTICE OF TRANSFER TO COMPTROLLER AND
  79-43                    COMMISSION; ADJUSTMENT OF APPROPRIATIONS AND
  79-44                    INVENTORY
  79-45  Sec. 2175.125.  PRIORITY FOR TRANSFER TO STATE AGENCY
  79-46          (Sections 2175.126-2175.180 reserved for expansion)
  79-47       SUBCHAPTER D.  DISPOSITION OF SURPLUS OR SALVAGE PROPERTY
  79-48                        BY COMPETITIVE BIDDING
  79-49  Sec. 2175.181.  DISPOSITION BY COMPETITIVE BIDDING OR
  79-50                    AUCTION
  79-51  Sec. 2175.182.  PURCHASER'S FEE
  79-52  Sec. 2175.183.  ADVERTISEMENT OF SALE
  79-53  Sec. 2175.184.  REPORTING SALE; INVENTORY ADJUSTMENT
  79-54  Sec. 2175.185.  PROCEEDS OF SALE
  79-55  Sec. 2175.186.  PURCHASER'S TITLE
  79-56          (Sections 2175.187-2175.240 reserved for expansion)
  79-57       SUBCHAPTER E.  DESTRUCTION OF SURPLUS OR SALVAGE PROPERTY
  79-58  Sec. 2175.241.  WHEN SURPLUS OR SALVAGE PROPERTY MAY BE
  79-59                    DESTROYED; REPORT OF DESTRUCTION
  79-60  Sec. 2175.242.  REMOVAL OF DESTROYED PROPERTY FROM STATE
  79-61                    INVENTORY
  79-62          (Sections 2175.243-2175.300 reserved for expansion)
  79-63                       SUBCHAPTER F.  EXCEPTIONS
  79-64  Sec. 2175.301.  SURPLUS PROPERTY OF LEGISLATURE
  79-65  Sec. 2175.302.  EXCEPTION FOR ELEEMOSYNARY INSTITUTIONS
  79-66                    AND INSTITUTIONS AND AGENCIES OF
  79-67                    HIGHER EDUCATION
  79-68  Sec. 2175.303.  EXCEPTION FOR CERTAIN PRODUCTS
  79-69          (Sections 2175.304-2175.360 reserved for expansion)
  79-70                SUBCHAPTER G.  FEDERAL SURPLUS PROPERTY
   80-1  Sec. 2175.361.  DEFINITIONS
   80-2  Sec. 2175.362.  DESIGNATED AGENCY
   80-3  Sec. 2175.363.  ACQUISITION, WAREHOUSING, AND DISTRIBUTION OF
   80-4                    FEDERAL PROPERTY
   80-5  Sec. 2175.364.  COMMISSION ASSISTANCE IN PROCUREMENT AND USE
   80-6                    OF PROPERTY
   80-7  Sec. 2175.365.  STATE PLAN OF OPERATION; COMPLIANCE WITH
   80-8                    MINIMUM FEDERAL STANDARDS
   80-9  Sec. 2175.366.  ADMINISTRATIVE FUNCTIONS; COMPLIANCE WITH
  80-10                    FEDERAL REQUIREMENTS
  80-11  Sec. 2175.367.  CONTRACTS
  80-12  Sec. 2175.368.  ACQUISITION OR IMPROVEMENT OF PROPERTY; RENT
  80-13                    PAYMENTS
  80-14  Sec. 2175.369.  CHARGES
  80-15  Sec. 2175.370.  SURPLUS PROPERTY SERVICE CHARGE FUND
  80-16  Sec. 2175.371.  ADVISORY BOARDS AND COMMITTEES
  80-17  Sec. 2175.372.  PERSONNEL
  80-18          (Sections 2175.373-2175.900 reserved for expansion)
  80-19                SUBCHAPTER Z.  MISCELLANEOUS PROVISIONS
  80-20  Sec. 2175.901.  PURCHASE OF CHAIRS BY CERTAIN STATE OFFICERS AND
  80-21                    AGENCY HEADS
  80-22  Sec. 2175.902.  WASTEPAPER
  80-23  Sec. 2175.903.  PROPERTY USED AS TRADE-IN
  80-24              CHAPTER 2175.  SURPLUS AND SALVAGE PROPERTY
  80-25                   SUBCHAPTER A.  GENERAL PROVISIONS
  80-26        Sec. 2175.001.  DEFINITIONS.  In this chapter:
  80-27              (1)  "Assistance organization" means:
  80-28                    (A)  a nonprofit organization that provides
  80-29  educational, health, or human services or assistance to homeless
  80-30  individuals;
  80-31                    (B)  a nonprofit food bank that solicits,
  80-32  warehouses, and redistributes edible but unmarketable food to an
  80-33  agency that feeds needy families and individuals; and
  80-34                    (C)  Texas Partners of the Americas, a registered
  80-35  agency with the Advisory Committee on Voluntary Foreign Aid, with
  80-36  the approval of the Partners of the Alliance office of the Agency
  80-37  for International Development.
  80-38              (2)  "Personal property" includes:
  80-39                    (A)  personal property lawfully confiscated and
  80-40  subject to disposal by a state agency; and
  80-41                    (B)  personal property affixed to real property,
  80-42  if its removal and disposition is for a lawful purpose under this
  80-43  or another law.
  80-44              (3)  "Salvage property" means personal property that
  80-45  through use, time, or accident is so damaged, used, or consumed
  80-46  that it has no value for the purpose for which it was originally
  80-47  intended.
  80-48              (4)  "Surplus property" means personal property that
  80-49  exceeds a state agency's needs and is not required for the agency's
  80-50  foreseeable needs.  The term includes used or new property that
  80-51  retains some usefulness for the purpose for which it was intended
  80-52  or for another purpose.  (V.A.C.S. Art. 601b, Sec. 9.01(a)(3)
  80-53  (part), (4) (part), (5), (7).)
  80-54        Sec. 2175.002.  ADMINISTRATION OF CHAPTER.  The commission's
  80-55  surplus and salvage property division shall administer this
  80-56  chapter.  (V.A.C.S. Art. 601b, Sec. 2.09(c) (part).)
  80-57        Sec. 2175.003.  SEPARATE AND INDEPENDENT OPERATION OF SURPLUS
  80-58  AND SALVAGE PROPERTY DIVISION.  (a)  The surplus and salvage
  80-59  property division shall operate independently of the rest of the
  80-60  commission, except that the division may share support functions
  80-61  with other divisions.
  80-62        (b)  Administrative offices of the surplus and salvage
  80-63  property division shall be housed in a building that is separate
  80-64  from buildings that house other commission functions.
  80-65        (c)  The commission's assignment to the executive director of
  80-66  direct management duties for the surplus and salvage property
  80-67  division does not alter the requirements of Subsections (a) and
  80-68  (b), except that the executive director's office need not be
  80-69  relocated.  (V.A.C.S. Art. 601b, Sec. 2.09(c) (part).)
  80-70        Sec. 2175.004.  CIVIL AIR PATROL; VOLUNTEER FIRE DEPARTMENTS.
   81-1  For purposes of this chapter:
   81-2              (1)  the Civil Air Patrol, Texas Wing, is considered a
   81-3  state agency; and
   81-4              (2)  a volunteer fire department is considered a
   81-5  political subdivision.  (V.A.C.S. Art. 601b, Secs. 9.01(b), (c).)
   81-6          (Sections 2175.005-2175.060 reserved for expansion)
   81-7              SUBCHAPTER B.  COMMISSION POWERS AND DUTIES
   81-8        Sec. 2175.061.  RULES, FORMS, AND PROCEDURES.  (a)  The
   81-9  commission shall establish and maintain procedures for the
  81-10  transfer, sale, or disposal of surplus and salvage property as
  81-11  prescribed by law.
  81-12        (b)  Subject to the review and comment of the state auditor,
  81-13  the commission may prescribe forms and reports necessary to
  81-14  administer this chapter and may adopt necessary rules, including
  81-15  rules governing the sale or transfer of surplus or salvage property
  81-16  to state agencies, political subdivisions, or assistance
  81-17  organizations.  (V.A.C.S. Art. 601b, Secs. 9.02 (part), 9.04(f),
  81-18  9.09.)
  81-19        Sec. 2175.062.  MAILING LIST; LIST OF PROSPECTIVE BUYERS.
  81-20  The commission shall maintain:
  81-21              (1)  a mailing list, which it shall renew annually, of
  81-22  assistance organizations and individuals responsible for purchasing
  81-23  for political subdivisions who have requested information regarding
  81-24  available state surplus or salvage property; and
  81-25              (2)  a list of other prospective buyers of surplus and
  81-26  salvage property.  (V.A.C.S. Art. 601b, Secs. 9.03, 9.07 (part).)
  81-27        Sec. 2175.063.  MAXIMUM RETURN FROM DISPOSITION OF SURPLUS OR
  81-28  SALVAGE PROPERTY.  (a)  The commission shall attempt to realize the
  81-29  maximum benefit to the state in selling or disposing of surplus and
  81-30  salvage property.
  81-31        (b)  The commission may reject any or all offers for surplus
  81-32  or salvage property if it determines that rejection is in the
  81-33  state's best interests.  (V.A.C.S. Art. 601b, Sec. 9.07 (part).)
  81-34        Sec. 2175.064.  COOPERATION IN EVALUATION AND ANALYSIS.
  81-35  (a)  The commission shall cooperate with state agencies in an
  81-36  ongoing effort to evaluate surplus and salvage property to minimize
  81-37  loss resulting from accumulations of property.
  81-38        (b)  The commission shall cooperate with the state auditor in
  81-39  analyzing surplus and salvage property.  (V.A.C.S. Art. 601b, Sec.
  81-40  9.07 (part).)
  81-41        Sec. 2175.065.  DELEGATION OF AUTHORITY TO STATE AGENCY.  The
  81-42  commission may authorize a state agency to dispose of surplus or
  81-43  salvage property if the agency demonstrates to the commission its
  81-44  ability to dispose of the property under commission rules adopted
  81-45  under this chapter.  (V.A.C.S. Art. 601b, Sec. 9.14 (part).)
  81-46          (Sections 2175.066-2175.120 reserved for expansion)
  81-47     SUBCHAPTER C.  DIRECT TRANSFER OF SURPLUS OR SALVAGE PROPERTY
  81-48        Sec. 2175.121.  STATE AGENCY NOTICE TO COMMISSION.  A state
  81-49  agency that determines it has surplus or salvage property shall
  81-50  inform the commission of the property's kind, number, location,
  81-51  condition, original cost or value, and date of acquisition.
  81-52  (V.A.C.S. Art. 601b, Sec. 9.04(a).)
  81-53        Sec. 2175.122.  COMMISSION NOTICE TO OTHER ENTITIES.  On
  81-54  receiving notice from a state agency that the agency has surplus or
  81-55  salvage property, the commission shall inform other state agencies,
  81-56  political subdivisions, and assistance organizations of the
  81-57  property's kind, number, location, and condition.  (V.A.C.S.
  81-58  Art. 601b, Sec. 9.04(b).)
  81-59        Sec. 2175.123.  DIRECT NEGOTIATION FOR TRANSFER.  During the
  81-60  35 days after the date of notice under Section 2175.122, a state
  81-61  agency or political subdivision may negotiate directly with the
  81-62  reporting state agency for a transfer of the property at an agreed
  81-63  value.  (V.A.C.S. Art. 601b, Sec. 9.04(c) (part).)
  81-64        Sec. 2175.124.  NOTICE OF TRANSFER TO COMPTROLLER AND
  81-65  COMMISSION; ADJUSTMENT OF APPROPRIATIONS AND INVENTORY.  (a)  If
  81-66  property is transferred to a state agency, the participating
  81-67  agencies shall report the transaction to the comptroller and the
  81-68  commission.
  81-69        (b)  On receiving notice under this section, the comptroller
  81-70  shall:
   82-1              (1)  debit and credit the proper appropriations; and
   82-2              (2)  adjust state inventory records if necessary.
   82-3  (V.A.C.S. Art. 601b, Sec. 9.04(c) (part).)
   82-4        Sec. 2175.125.  PRIORITY FOR TRANSFER TO STATE AGENCY.
   82-5  During the 35 days after the date of notice under Section 2175.122,
   82-6  a transfer to a state agency has priority over any other transfer
   82-7  under rules adopted by the commission.  (V.A.C.S. Art. 601b, Sec.
   82-8  9.04(c) (part).)
   82-9          (Sections 2175.126-2175.180 reserved for expansion)
  82-10       SUBCHAPTER D.  DISPOSITION OF SURPLUS OR SALVAGE PROPERTY
  82-11                        BY COMPETITIVE BIDDING
  82-12        Sec. 2175.181.  DISPOSITION BY COMPETITIVE BIDDING OR
  82-13  AUCTION.  If a disposition of a state agency's surplus or salvage
  82-14  property is not made under Subchapter C, the commission shall:
  82-15              (1)  sell the property by competitive bid or auction;
  82-16  or
  82-17              (2)  delegate to the state agency authority to sell the
  82-18  property by competitive bidding.  (V.A.C.S. Art. 601b, Sec. 9.05(a)
  82-19  (part).)
  82-20        Sec. 2175.182.  PURCHASER'S FEE.  (a)  The commission or a
  82-21  state agency disposing of property under this subchapter shall
  82-22  collect a fee from the purchaser.
  82-23        (b)  The commission shall set the fee at an amount that is:
  82-24              (1)  sufficient to recover costs associated with the
  82-25  sale; and
  82-26              (2)  at least two percent but not more than 12 percent
  82-27  of sale proceeds.  (V.A.C.S. Art. 601b, Secs. 9.05(a) (part), (c)
  82-28  (part), (d) (part).)
  82-29        Sec. 2175.183.  ADVERTISEMENT OF SALE.  If the value of an
  82-30  item or a lot of property to be sold is estimated to be more than
  82-31  $1,000, the commission or the state agency authorized to sell the
  82-32  property shall advertise the sale at least once in at least one
  82-33  newspaper of general circulation in the vicinity in which the
  82-34  property is located.  (V.A.C.S. Art. 601b, Sec. 9.05(b).)
  82-35        Sec. 2175.184.  REPORTING SALE; INVENTORY ADJUSTMENT.
  82-36  (a)  On the sale by the commission of surplus or salvage property,
  82-37  the commission shall report the property sold and the sale price to
  82-38  the state agency that declared the property as surplus or salvage.
  82-39        (b)  A state agency for which surplus or salvage property is
  82-40  sold, or that sells surplus or salvage property under authority of
  82-41  the commission, shall report the sale and amount of sale proceeds
  82-42  to the comptroller.
  82-43        (c)  If property reported under this section is on the state
  82-44  inventory, the comptroller shall remove the property from the
  82-45  inventory.  (V.A.C.S. Art. 601b, Secs. 9.05(c) (part), (d) (part).)
  82-46        Sec. 2175.185.  PROCEEDS OF SALE.  (a)  Proceeds from the
  82-47  sale of surplus or salvage property, less the cost of advertising
  82-48  the sale, the cost of auctioneer services, and the amount of the
  82-49  fee collected under Section 2175.182, shall be deposited to the
  82-50  credit of the appropriate appropriation item of the state agency
  82-51  for which the sale was made.
  82-52        (b)  The portion of sale proceeds equal to the cost of
  82-53  advertising the sale and the cost of auctioneer services shall be
  82-54  deposited in the state treasury to the credit of the appropriation
  82-55  item of the commission or other state agency from which the costs
  82-56  were paid.  (V.A.C.S. Art. 601b, Sec. 9.05(e) (part).)
  82-57        Sec. 2175.186.  PURCHASER'S TITLE.  A purchaser of surplus or
  82-58  salvage property at a sale conducted under this subchapter obtains
  82-59  good title to the property if the purchaser has in good faith
  82-60  complied with:
  82-61              (1)  the conditions of the sale; and
  82-62              (2)  applicable commission rules.  (V.A.C.S. Art. 601b,
  82-63  Sec. 9.08.)
  82-64          (Sections 2175.187-2175.240 reserved for expansion)
  82-65       SUBCHAPTER E.  DESTRUCTION OF SURPLUS OR SALVAGE PROPERTY
  82-66        Sec. 2175.241.  WHEN SURPLUS OR SALVAGE PROPERTY MAY BE
  82-67  DESTROYED; REPORT OF DESTRUCTION.  If the commission cannot sell or
  82-68  dispose of property reported to the commission as surplus or
  82-69  salvage, it may order the property destroyed as worthless salvage
  82-70  and report the destruction to the reporting agency.  (V.A.C.S.
   83-1  Art. 601b, Sec. 9.06 (part).)
   83-2        Sec. 2175.242.  REMOVAL OF DESTROYED PROPERTY FROM STATE
   83-3  INVENTORY.  (a)  On destruction of property under this subchapter,
   83-4  the comptroller may remove the destroyed property from the state
   83-5  inventory.
   83-6        (b)  Authorization by the commission is not required for the
   83-7  deletion of salvage items of another state agency from the state
   83-8  inventory.
   83-9        (c)  This subchapter does not affect Section 403.273, which
  83-10  provides for the deletion from inventory of a state agency's
  83-11  missing property on the state auditor's authorization.  (V.A.C.S.
  83-12  Art. 601b, Sec. 9.06 (part).)
  83-13          (Sections 2175.243-2175.300 reserved for expansion)
  83-14                       SUBCHAPTER F.  EXCEPTIONS
  83-15        Sec. 2175.301.  SURPLUS PROPERTY OF LEGISLATURE.  (a)  This
  83-16  chapter does not apply to disposition of surplus property by either
  83-17  house of the legislature under a disposition system provided by
  83-18  rules of the administration committee of each house.
  83-19        (b)  If surplus property of either house of the legislature
  83-20  is sold, proceeds of the sale shall be deposited in the state
  83-21  treasury to the credit of that house's appropriation.  (V.A.C.S.
  83-22  Art. 601b, Sec. 9.10.)
  83-23        Sec. 2175.302.  EXCEPTION FOR ELEEMOSYNARY INSTITUTIONS AND
  83-24  INSTITUTIONS AND AGENCIES OF HIGHER EDUCATION.  This chapter does
  83-25  not apply to the disposition of surplus or salvage property by a
  83-26  state eleemosynary institution or an institution or agency of
  83-27  higher education.  (V.A.C.S. Art. 601b, Sec. 9.14 (part).)
  83-28        Sec. 2175.303.  EXCEPTION FOR CERTAIN PRODUCTS.  This chapter
  83-29  does not apply to disposition of a product or by-product of
  83-30  research, forestry, agriculture, livestock, or an industrial
  83-31  enterprise.  (V.A.C.S. Art. 601b, Sec. 9.13.)
  83-32          (Sections 2175.304-2175.360 reserved for expansion)
  83-33                SUBCHAPTER G.  FEDERAL SURPLUS PROPERTY
  83-34        Sec. 2175.361.  DEFINITIONS.  In this subchapter:
  83-35              (1)  "Federal act" means the Federal Property and
  83-36  Administrative Services Act of 1949 (40 U.S.C. Section 484).
  83-37              (2)  "Federal property" means federal surplus property
  83-38  acquired by the commission or under the commission's jurisdiction
  83-39  under this subchapter and under 40 U.S.C. Section 483c or Section
  83-40  484(j) or (k) of the federal act.  The term includes federal real
  83-41  property acquired under Section 484(k) of the federal act.
  83-42  (V.A.C.S. Art. 601b, Sec. 9.01(a)(3) (part), (4) (part), (8).)
  83-43        Sec. 2175.362.  DESIGNATED AGENCY.  The commission is the
  83-44  designated state agency under Section 484(j) of the federal act.
  83-45  (V.A.C.S. Art. 601b, Sec. 9.16(a).)
  83-46        Sec. 2175.363.  ACQUISITION, WAREHOUSING, AND DISTRIBUTION OF
  83-47  FEDERAL PROPERTY.  (a)  The commission may acquire and warehouse
  83-48  federal property allocated to the commission under the federal act
  83-49  and distribute the property to an entity or institution that meets
  83-50  the eligibility qualifications for the property under the federal
  83-51  act.
  83-52        (b)  The commission shall establish and maintain procedures
  83-53  to implement this section.
  83-54        (c)  The commission is not required to comply with the
  83-55  provisions of this chapter that relate to the disposition of
  83-56  surplus state agency property in acquiring, warehousing, and
  83-57  distributing federal surplus property under this chapter.
  83-58  (V.A.C.S. Art. 601b, Secs. 9.02 (part), 9.16(b).)
  83-59        Sec. 2175.364.  COMMISSION ASSISTANCE IN PROCUREMENT AND USE
  83-60  OF PROPERTY.  The commission may:
  83-61              (1)  disseminate information and assist a potential
  83-62  applicant regarding the availability of federal real property;
  83-63              (2)  assist in the processing of an application for
  83-64  acquisition of federal real property and related personal property
  83-65  under Section 484(k) of the federal act;
  83-66              (3)  act as an information clearinghouse for an entity
  83-67  that may be eligible to acquire federal property and, as necessary,
  83-68  assist the entity to obtain federal property;
  83-69              (4)  assist in assuring use of the property; and
  83-70              (5)  engage in an activity relating to the use of
   84-1  federal property by another state agency, institution, or
   84-2  organization engaging in or receiving assistance under a federal
   84-3  program.  (V.A.C.S. Art. 601b, Secs. 9.16(c), (g).)
   84-4        Sec. 2175.365.  STATE PLAN OF OPERATION; COMPLIANCE WITH
   84-5  MINIMUM FEDERAL STANDARDS.  The commission shall:
   84-6              (1)  file a state plan of operation that complies with
   84-7  federal law and operate in accordance with the plan;
   84-8              (2)  take necessary action to meet the minimum
   84-9  standards for a state agency in accordance with the federal act;
  84-10  and
  84-11              (3)  cooperate to the fullest extent consistent with
  84-12  this subchapter.  (V.A.C.S. Art. 601b, Sec. 9.16(d).)
  84-13        Sec. 2175.366.  ADMINISTRATIVE FUNCTIONS; COMPLIANCE WITH
  84-14  FEDERAL REQUIREMENTS.  The commission may:
  84-15              (1)  make the necessary certifications and undertake
  84-16  necessary action, including an investigation;
  84-17              (2)  make expenditures or reports that may be required
  84-18  by federal law or regulation or that are otherwise necessary to
  84-19  provide for the proper and efficient management of its functions
  84-20  under this subchapter;
  84-21              (3)  provide information and reports relating to its
  84-22  activities under this subchapter that may be required by a federal
  84-23  agency or department; and
  84-24              (4)  adopt rules necessary for the efficient operation
  84-25  of its activities under this subchapter or as may be required by
  84-26  federal law or regulation.  (V.A.C.S. Art. 601b, Sec. 9.16(e).)
  84-27        Sec. 2175.367.  CONTRACTS.  The commission may enter into an
  84-28  agreement, including:
  84-29              (1)  a cooperative agreement with a federal agency
  84-30  under Section 484(n) of the federal act;
  84-31              (2)  an agreement with a state agency for surplus
  84-32  property of a state agency that will promote the administration of
  84-33  the commission's functions under this subchapter; or
  84-34              (3)  an agreement with a group or association of state
  84-35  agencies for surplus property that will promote the administration
  84-36  of the commission's functions under this subchapter.  (V.A.C.S.
  84-37  Art. 601b, Sec. 9.16(f).)
  84-38        Sec. 2175.368.  ACQUISITION OR IMPROVEMENT OF PROPERTY; RENT
  84-39  PAYMENTS.  The commission may:
  84-40              (1)  acquire and hold title or make capital
  84-41  improvements to federal real property in accordance with Section
  84-42  2175.369; or
  84-43              (2)  make an advance payment of rent for a distribution
  84-44  center, an office space, or another facility that is required to
  84-45  accomplish the commission's functions under this subchapter.
  84-46  (V.A.C.S. Art. 601b, Sec. 9.16(h).)
  84-47        Sec. 2175.369.  CHARGES.  (a)  The commission may collect a
  84-48  service charge for the commission's acquisition, warehousing,
  84-49  distribution, or transfer of federal property.
  84-50        (b)  The commission may not collect a charge for federal real
  84-51  property in an amount that is greater than the reasonable
  84-52  administrative cost the commission incurs in transferring the
  84-53  property.  (V.A.C.S. Art. 601b, Sec. 9.16(i).)
  84-54        Sec. 2175.370.  SURPLUS PROPERTY SERVICE CHARGE FUND.
  84-55  (a)  The commission shall deposit a charge collected under Section
  84-56  2175.369 in the state treasury to the credit of the surplus
  84-57  property service charge fund.
  84-58        (b)  Income earned on money in the surplus property service
  84-59  charge fund shall be credited to that fund.
  84-60        (c)  Money in the surplus property service charge fund may be
  84-61  used only to accomplish the commission's functions under this
  84-62  subchapter.  (V.A.C.S. Art. 601b, Sec. 9.16(j).)
  84-63        Sec. 2175.371.  ADVISORY BOARDS AND COMMITTEES.  The
  84-64  commission may appoint advisory boards and committees necessary and
  84-65  suitable to administer this subchapter.  (V.A.C.S. Art. 601b, Sec.
  84-66  9.16(k).)
  84-67        Sec. 2175.372.  PERSONNEL.  (a)  The commission may employ,
  84-68  compensate, and prescribe the duties of personnel, other than
  84-69  members of advisory boards and committees, necessary and suitable
  84-70  to administer this subchapter.
   85-1        (b)  The commission may fill a personnel position only with
   85-2  an individual selected and appointed on a nonpartisan merit basis.
   85-3  (V.A.C.S. Art. 601b, Sec. 9.16(l).)
   85-4          (Sections 2175.373-2175.900 reserved for expansion)
   85-5                SUBCHAPTER Z.  MISCELLANEOUS PROVISIONS
   85-6        Sec. 2175.901.  PURCHASE OF CHAIRS BY CERTAIN STATE OFFICERS
   85-7  AND AGENCY HEADS.  (a)  Notwithstanding other law, on vacating an
   85-8  office or terminating employment, an elected or appointed state
   85-9  officer or an executive head of a state agency in the legislative,
  85-10  executive, or judicial branch of state government may purchase for
  85-11  fair market value the chair used by the officer or employee during
  85-12  the person's period of state service.
  85-13        (b)  The fair market value of a chair shall be determined:
  85-14              (1)  for an executive agency or a legislative agency
  85-15  other than the legislature, by the commission;
  85-16              (2)  for a judicial agency, by the chief justice of the
  85-17  supreme court;
  85-18              (3)  for the house of representatives, by the speaker
  85-19  of the house of representatives; and
  85-20              (4)  for the senate, by the lieutenant governor.
  85-21  (V.A.C.S. Art. 601b, Sec. 9.11.)
  85-22        Sec. 2175.902.  WASTEPAPER.  (a)  The commission shall
  85-23  establish and maintain in each building under its control
  85-24  facilities for collecting separately from other wastes all
  85-25  wastepaper disposed of in that building.
  85-26        (b)  The commission shall sell the wastepaper for recycling
  85-27  to the highest bidder.  (V.A.C.S. Art. 601b, Sec. 9.15.)
  85-28        Sec. 2175.903.  PROPERTY USED AS TRADE-IN.  A state agency
  85-29  may offer surplus or salvage property as a trade-in on new property
  85-30  of the same general type if the exchange is in the state's best
  85-31  interests.  (V.A.C.S. Art. 601b, Sec. 9.12.)
  85-32                          CHAPTER 2176.  MAIL
  85-33       SUBCHAPTER A.  EVALUATION AND PLANNING OF MAIL OPERATIONS
  85-34  Sec. 2176.001.  MAIL OPERATIONS OFFICER
  85-35  Sec. 2176.002.  STATE AGENCY EVALUATION AND IMPROVEMENT OF
  85-36                    MAIL OPERATIONS
  85-37  Sec. 2176.003.  COMMISSION EVALUATION OF STATE AGENCY
  85-38                    MAIL OPERATIONS
  85-39  Sec. 2176.004.  COMMISSION PROCEDURES FOR IMPROVEMENT OF MAIL
  85-40                    OPERATIONS
  85-41  Sec. 2176.005.  STATE AGENCY REPORTS ON MAIL OPERATIONS
  85-42  Sec. 2176.006.  MAILING LISTS
  85-43          (Sections 2176.007-2176.050 reserved for expansion)
  85-44                    SUBCHAPTER B.  INTERAGENCY MAIL
  85-45  Sec. 2176.051.  INTERAGENCY MAIL SERVICE
  85-46  Sec. 2176.052.  USE OF UNITED STATES POSTAL SERVICE; ALTERNATE
  85-47                    DELIVERY METHODS
  85-48  Sec. 2176.053.  DELIVERY OF STATE WARRANTS
  85-49          (Sections 2176.054-2176.100 reserved for expansion)
  85-50       SUBCHAPTER C.  OUTGOING FIRST-CLASS MAIL IN TRAVIS COUNTY
  85-51  Sec. 2176.101.  APPLICABILITY OF SUBCHAPTER
  85-52  Sec. 2176.102.  COMMISSION EVALUATION
  85-53  Sec. 2176.103.  DISCOUNTED POSTAL RATES
  85-54  Sec. 2176.104.  REQUIREMENT TO CONSULT WITH COMMISSION
  85-55  Sec. 2176.105.  GUIDELINES FOR MEASURING AND ANALYZING
  85-56                    FIRST-CLASS MAIL PRACTICES
  85-57  Sec. 2176.106.  TRAINING
  85-58  Sec. 2176.107.  PREREQUISITE TO UPGRADING OR REPLACING MAIL
  85-59                    EQUIPMENT; COMPARISON AND ANALYSIS
  85-60  Sec. 2176.108.  REVIEW AND COMMENT BY STATE AUDITOR
  85-61  Sec. 2176.109.  FEES FOR COMMISSION SERVICES
  85-62  Sec. 2176.110.  RULES
  85-63          (Sections 2176.111-2176.150 reserved for expansion)
  85-64                   SUBCHAPTER D.  PROCESSING OF MAIL
  85-65  Sec. 2176.151.  TIMELY PROCESSING OF MAIL
  85-66  Sec. 2176.152.  PROCESSING UNITED STATES MAIL IN
  85-67                    CAPITOL COMPLEX
  85-68                          CHAPTER 2176.  MAIL
  85-69       SUBCHAPTER A.  EVALUATION AND PLANNING OF MAIL OPERATIONS
  85-70        Sec. 2176.001.  MAIL OPERATIONS OFFICER.  A state agency in
   86-1  Travis County shall designate a person to manage mail for the
   86-2  agency's offices and units.  (V.A.C.S. Art. 601b, Sec. 11.02(i)
   86-3  (part).)
   86-4        Sec. 2176.002.  STATE AGENCY EVALUATION AND IMPROVEMENT OF
   86-5  MAIL OPERATIONS.  To improve state agency management of mail and to
   86-6  reduce the state's mail costs, a state agency in the executive
   86-7  branch of state government shall:
   86-8              (1)  evaluate its mail operations to identify and
   86-9  eliminate practices resulting in excessive mail costs; and
  86-10              (2)  develop and implement plans and procedures for
  86-11  making necessary improvements in mail operations.  (V.A.C.S.
  86-12  Art. 601b, Sec. 11.02(e).)
  86-13        Sec. 2176.003.  COMMISSION EVALUATION OF STATE AGENCY MAIL
  86-14  OPERATIONS.  The commission shall:
  86-15              (1)  evaluate the mail operations of state agencies
  86-16  located in Travis County and make recommendations to identify and
  86-17  eliminate practices resulting in excessive mail costs; and
  86-18              (2)  establish minimum objectives and responsibilities
  86-19  for managing mail for the agencies.  (V.A.C.S. Art. 601b, Sec.
  86-20  11.02(f).)
  86-21        Sec. 2176.004.  COMMISSION PROCEDURES FOR IMPROVEMENT OF MAIL
  86-22  OPERATIONS.  The commission shall:
  86-23              (1)  in conjunction with the United States Postal
  86-24  Service, establish procedures to improve the measurement of state
  86-25  agency mail costs, using postage meters or stamps as appropriate;
  86-26              (2)  establish procedures to determine the advantages
  86-27  to state agencies of presorting mail;
  86-28              (3)  establish procedures to determine the lowest cost
  86-29  class of mail necessary to effectively accomplish individual state
  86-30  agency functions;
  86-31              (4)  evaluate the cost-effectiveness of using
  86-32  alternatives to the United States Postal Service for delivering
  86-33  state agency mail;
  86-34              (5)  train state agency personnel regarding
  86-35  cost-effective mailing practices;
  86-36              (6)  set standards for receipt, delivery, collection,
  86-37  and dispatch of mail; and
  86-38              (7)  publish and disseminate standards, guides, and
  86-39  instructions for managing mail and establish and implement
  86-40  procedures for monitoring compliance with the standards, guides,
  86-41  and instructions.  (V.A.C.S. Art. 601b, Secs. 11.02(g), (h).)
  86-42        Sec. 2176.005.  STATE AGENCY REPORTS ON MAIL OPERATIONS.
  86-43  (a)  A state agency in Travis County shall periodically send to the
  86-44  governor and the legislative budget office a report of its progress
  86-45  in achieving the objectives for and the revisions of mail
  86-46  operations established under Section 2176.004, including an
  86-47  analysis of savings projected from the resulting improvements in
  86-48  managing mail.
  86-49        (b)  When two or more state agencies by interagency contract
  86-50  are providing common services for managing mail, the agencies may
  86-51  designate a single agency to report on behalf of all agencies
  86-52  participating under the contract.  (V.A.C.S. Art. 601b, Secs.
  86-53  11.02(i) (part), (j).)
  86-54        Sec. 2176.006.  MAILING LISTS.  A state agency in Travis
  86-55  County shall review and consolidate mailing lists used by the
  86-56  agency to distribute publications and other materials issued by the
  86-57  agency.  (V.A.C.S. Art. 601b, Sec. 11.02(i) (part).)
  86-58          (Sections 2176.007-2176.050 reserved for expansion)
  86-59                    SUBCHAPTER B.  INTERAGENCY MAIL
  86-60        Sec. 2176.051.  INTERAGENCY MAIL SERVICE.  (a)  The
  86-61  commission shall operate a messenger service for delivering
  86-62  unstamped written communications and packages between the following
  86-63  entities located in Travis County:
  86-64              (1)  state agencies;
  86-65              (2)  the legislature; and
  86-66              (3)  legislative agencies.
  86-67        (b)  All entities described by Subsection (a) shall use the
  86-68  service.  (V.A.C.S. Art. 601b, Sec. 11.02(a).)
  86-69        Sec. 2176.052.  USE OF UNITED STATES POSTAL SERVICE;
  86-70  ALTERNATE DELIVERY METHODS.  An entity subject to Section 2176.051
   87-1  may use a delivery method other than that provided under Section
   87-2  2176.051 for delivering interagency mail to another entity subject
   87-3  to Section 2176.051 but may not use the United States Postal
   87-4  Service for the delivery unless required to do so under state or
   87-5  federal law.  (V.A.C.S. Art. 601b, Sec. 11.02(b).)
   87-6        Sec. 2176.053.  DELIVERY OF STATE WARRANTS.  State warrants
   87-7  may be delivered in a manner agreed to by the comptroller, the
   87-8  commission, and the affected agency.  (V.A.C.S. Art. 601b, Sec.
   87-9  11.02(c).)
  87-10          (Sections 2176.054-2176.100 reserved for expansion)
  87-11       SUBCHAPTER C.  OUTGOING FIRST-CLASS MAIL IN TRAVIS COUNTY
  87-12        Sec. 2176.101.  APPLICABILITY OF SUBCHAPTER.  This subchapter
  87-13  applies only to outgoing first-class mail practices of a state
  87-14  agency located in Travis County.  (V.A.C.S. Art. 601b, Sec.
  87-15  11.021(a).)
  87-16        Sec. 2176.102.  COMMISSION EVALUATION.  The commission shall
  87-17  evaluate the outgoing first-class mail practices of state agencies
  87-18  located in Travis County, including the lists, systems, and formats
  87-19  used to create mail.  (V.A.C.S. Art. 601b, Sec. 11.021(b) (part).)
  87-20        Sec. 2176.103.  DISCOUNTED POSTAL RATES.  The commission
  87-21  shall achieve the maximum available discount on postal rates
  87-22  whenever acceptable levels of timeliness, security, and quality of
  87-23  service can be maintained using the discounted rate.  (V.A.C.S.
  87-24  Art. 601b, Sec. 11.021(c).)
  87-25        Sec. 2176.104.  REQUIREMENT TO CONSULT WITH COMMISSION.  A
  87-26  state agency to which this subchapter applies shall consult the
  87-27  commission before the agency may:
  87-28              (1)  purchase, upgrade, or sell mail processing
  87-29  equipment;
  87-30              (2)  contract with a private entity for mail
  87-31  processing; or
  87-32              (3)  take actions that significantly affect the
  87-33  agency's first-class mail practices.  (V.A.C.S. Art. 601b, Sec.
  87-34  11.021(d).)
  87-35        Sec. 2176.105.  GUIDELINES FOR MEASURING AND ANALYZING
  87-36  FIRST-CLASS MAIL PRACTICES.  (a)  The commission shall adopt and
  87-37  distribute to each state agency to which this subchapter applies
  87-38  guidelines by which outgoing first-class mail practices may be
  87-39  measured and analyzed.  The guidelines must require using the
  87-40  services of the United States Postal Service to the extent
  87-41  possible.
  87-42        (b)  The commission shall review and update the guidelines at
  87-43  least once every two years, beginning two years after the date on
  87-44  which the guidelines are adopted.  (V.A.C.S. Art. 601b, Sec.
  87-45  11.021(f) (part).)
  87-46        Sec. 2176.106.  TRAINING.  (a)  Not later than the 90th day
  87-47  after the date on which the initial guidelines under Section
  87-48  2176.105 are distributed, and at least annually beginning one year
  87-49  after the date of distribution, the commission shall provide
  87-50  training to state agency personnel who handle first-class mail.
  87-51        (b)  The commission may use to the extent possible free
  87-52  training provided by the United States Postal Service.  (V.A.C.S.
  87-53  Art. 601b, Sec. 11.021(f) (part).)
  87-54        Sec. 2176.107.  PREREQUISITE TO UPGRADING OR REPLACING MAIL
  87-55  EQUIPMENT; COMPARISON AND ANALYSIS.  (a)  If the commission
  87-56  determines that upgrading existing mail production or processing
  87-57  equipment or purchasing new mail production or processing equipment
  87-58  is required to improve outgoing first-class mail practices of the
  87-59  commission or another state agency located in Travis County, the
  87-60  commission shall prepare a cost-benefit analysis demonstrating that
  87-61  the upgrade or purchase is more cost-effective than contracting
  87-62  with a private entity to provide the equipment or mail service.
  87-63        (b)  The commission shall approve the most cost-effective
  87-64  method.  (V.A.C.S.  Art. 601b, Sec. 11.021(g).)
  87-65        Sec. 2176.108.  REVIEW AND COMMENT BY STATE AUDITOR.  (a)  A
  87-66  cost-benefit analysis prepared under this subchapter and a request
  87-67  for bids or a request for proposals prepared for an action taken
  87-68  under this subchapter shall be sent to the state auditor for review
  87-69  and comment as soon as practicable after preparation.
  87-70        (b)  The state auditor's office shall perform its review and
   88-1  offer its comments not later than the 14th working day after the
   88-2  date it receives the analysis or the request for bids or proposals.
   88-3  (V.A.C.S. Art. 601b, Sec. 11.021(h).)
   88-4        Sec. 2176.109.  FEES FOR COMMISSION SERVICES.  (a)  The
   88-5  commission by interagency contract shall charge and collect fees
   88-6  from each state agency to which this subchapter applies for the
   88-7  commission's services under this subchapter.
   88-8        (b)  The total amount charged a state agency under this
   88-9  section may not exceed the amount of the agency's appropriated
  88-10  funds for outgoing first-class mail, as determined by the
  88-11  Legislative Budget Board, minus the agency's fixed costs for these
  88-12  services.
  88-13        (c)  The commission shall transfer to the general revenue
  88-14  fund the amount of a fee charged a state agency under this section
  88-15  that is greater than the amount of the commission's actual expenses
  88-16  for performing the services for the agency.  (V.A.C.S. Art. 601b,
  88-17  Sec. 11.021(e).)
  88-18        Sec. 2176.110.  RULES.  The commission shall adopt rules for
  88-19  state agencies to implement this subchapter.  (V.A.C.S. Art. 601b,
  88-20  Sec. 11.021(b) (part).)
  88-21          (Sections 2176.111-2176.150 reserved for expansion)
  88-22                   SUBCHAPTER D.  PROCESSING OF MAIL
  88-23        Sec. 2176.151.  TIMELY PROCESSING OF MAIL.  Mail shall:
  88-24              (1)  be processed for delivery as quickly as necessary
  88-25  under existing circumstances; and
  88-26              (2)  not be unduly delayed only to achieve a lower
  88-27  postal rate.  (V.A.C.S.  Art. 601b, Sec. 11.02(d) (part).)
  88-28        Sec. 2176.152.  PROCESSING UNITED STATES MAIL IN CAPITOL
  88-29  COMPLEX.  United States mail may be delivered to and from the post
  88-30  office located in the capitol complex on agreement between the
  88-31  commission and the affected agency.  (V.A.C.S. Art. 601b, Sec.
  88-32  11.02(d) (part).)
  88-33        SECTION 2.  CONFORMING AMENDMENT.  Section 5.19, State
  88-34  Purchasing and General Services Act (Article 601b, Vernon's Texas
  88-35  Civil Statutes), is transferred to Subchapter B, Chapter 444,
  88-36  Government Code, redesignated as Section 444.029, and amended to
  88-37  read as follows:
  88-38        Sec. 444.029 <5.19>.  EXPENDITURES FOR FINE ARTS PROJECTS ON
  88-39  CERTAIN PUBLIC CONSTRUCTION PROJECTS <EXEMPT AGENCIES>.  (a)  Any
  88-40  using agency exempt from Chapter 2166 under Section 2166.003 <5.13
  88-41  of this article> and any county, municipality <city>, or other
  88-42  political subdivision of this state undertaking a public
  88-43  construction project estimated to cost more than <in excess of>
  88-44  $250,000 may specify <designate> that a percentage not to exceed
  88-45  one percent of the cost of the <a public> construction project
  88-46  shall be used for fine arts projects at or near the site of the
  88-47  construction project.
  88-48        (b)  The using agency or the governing body of a political
  88-49  subdivision may consult and cooperate with the commission <Texas
  88-50  Commission on the Arts> for advice in determining how to use
  88-51  <utilize> the portion of the cost set aside for fine arts purposes.
  88-52        (c)  The commission <Texas Commission on the Arts> shall
  88-53  place emphasis on works by living Texas artists whenever
  88-54  feasible<,> and, when consulting with the governing body of a
  88-55  political subdivision, shall place emphasis on works by artists who
  88-56  reside in or near the political subdivision.  Consideration shall
  88-57  be given to artists of all ethnic origins.
  88-58        (d)  In this section, "construction," "cost of a project,"
  88-59  "project," and "using agency" have the meanings assigned by Section
  88-60  2166.001.
  88-61        SECTION 3. CONFORMING AMENDMENT.  Section 3.051, State
  88-62  Purchasing and General Services Act (Article 601b, Vernon's Texas
  88-63  Civil Statutes), is transferred to Subchapter A, Chapter 465,
  88-64  Government Code, redesignated as Section 465.018, Government Code,
  88-65  and amended to read as follows:
  88-66        Sec. 465.018.  PURCHASES, CONSTRUCTION, AND DISPOSITION OF
  88-67  PROPERTY.  (a)  Subtitle D, Title 10, does not apply to:
  88-68              (1)  a purchase of mission-related supplies, materials,
  88-69  services, or equipment for the commission or for a financing
  88-70  corporation formed under Section 465.008(g) that is determined by
   89-1  the commission to be an eligible undertaking as defined by Section
   89-2  465.021; or
   89-3              (2)  a construction project or disposition of property
   89-4  by or for the commission or by or for a financing corporation
   89-5  formed under Section 465.008(g) that is determined by the
   89-6  commission to be an eligible undertaking as defined by Section
   89-7  465.021.
   89-8        (b)  This section does not prohibit the commission from using
   89-9  the General Services Commission's services.
  89-10        (c)  In this section, "mission-related supplies, materials,
  89-11  services, and equipment" are those designated by commission rule.
  89-12  <Sec. 3.051.  (a)  This Act, including without limitation Articles
  89-13  5 and 9 of this Act, does not apply to purchases of mission-related
  89-14  supplies, materials, services, and equipment for the Texas National
  89-15  Research Laboratory Commission or for any financing corporation
  89-16  formed under Section 465.008(g), Government Code, or to any
  89-17  construction projects or dispositions of property by or for the
  89-18  Texas National Research Laboratory Commission or by or for any
  89-19  financing corporation formed under Section 465.008(g), Government
  89-20  Code, that are determined by the Texas National Research Laboratory
  89-21  Commission to be eligible undertakings as defined by Section
  89-22  465.021, Government Code, except that the Texas National Research
  89-23  Laboratory Commission may use the services of the commission.>
  89-24        <(b)  In this section, "mission-related supplies, materials,
  89-25  services, and equipment" are those designated by Texas National
  89-26  Research Laboratory Commission rule.>
  89-27        SECTION 4.  REPEALER.  Chapter 2202, Government Code, is
  89-28  repealed to conform to the repeal of the source law for that
  89-29  chapter, V.A.C.S. Article 6252-6b, by Section 2.13, Chapter 906,
  89-30  Acts of the 73rd Legislature, Regular Session, 1993.
  89-31        SECTION 5.  REPEALER.  The State Purchasing and General
  89-32  Services Act (Article 601b, Vernon's Texas Civil Statutes) is
  89-33  repealed, except that Section 5.26(c), State Purchasing and General
  89-34  Services Act (Article 601b, Vernon's Texas Civil Statutes), is not
  89-35  repealed by this Act but expires according to its terms.
  89-36        SECTION 6.  LEGISLATIVE INTENT OF NO SUBSTANTIVE CHANGE.
  89-37  This Act is enacted under Section 43, Article III, Texas
  89-38  Constitution.  This Act is intended as a recodification only, and
  89-39  no substantive change in the law is intended by this Act.
  89-40        SECTION 7.  SAVINGS PROVISION.  (a)  For the purposes of
  89-41  Section 403.094, Government Code, the revision and codification by
  89-42  this Act of a statute relating to a fund in existence on or before
  89-43  August 31, 1993,  does not re-create the fund and does not
  89-44  constitute the reenactment of a dedication of revenue.
  89-45        (b)  A fund or account, the existence of which is derived
  89-46  from a statute revised by this Act and which is abolished under
  89-47  Section 403.094, Government Code, before the effective date of this
  89-48  Act is not revived or re-created by this Act.
  89-49        (c)  The application of Sections 403.094 and 403.095,
  89-50  Government Code, to a fund or to the permissible uses of revenue or
  89-51  fund balances is not affected by this Act.
  89-52        SECTION 8.  EFFECTIVE DATE.  This Act takes effect September
  89-53  1, 1995.
  89-54        SECTION 9.  EMERGENCY.  The importance of this legislation
  89-55  and the crowded condition of the calendars in both houses create an
  89-56  emergency and an imperative public necessity that the
  89-57  constitutional rule requiring bills to be read on three several
  89-58  days in each house be suspended, and this rule is hereby suspended.
  89-59                               * * * * *