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 * * * * *