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A BILL TO BE ENTITLED
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AN ACT
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relating to state agency purchasing. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 2155.062(a), Government Code, is amended |
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to read as follows: |
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(a) In purchasing goods and services the comptroller shall |
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[commission may] use[, but is not limited to, the]: |
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(1) the contract purchase procedure; |
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(2) the multiple award contract procedure, including |
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under any schedules developed under Subchapter I; |
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(3) the open market purchase procedure; [or] |
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(4) the reverse auction procedure; or |
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(5) another purchasing method specifically authorized |
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under state law. |
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SECTION 2. Section 2155.074, Government Code, is amended by |
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amending Subsections (b) and (c) and adding Subsection (b-1) to |
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read as follows: |
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(b) In determining the best value for the state, the |
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[purchase price and whether the goods or services meet
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specifications are the] most important considerations are: |
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(1) the purchase price; |
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(2) whether the goods or services meet specifications; |
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and |
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(3) the vendor's anticipated economic impact to the |
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state or a subdivision of this state, including: |
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(A) potential tax revenue and employment; and |
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(B) whether the vendor produces the goods in this |
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state or is a Texas bidder, as that term is defined by Section |
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2155.444(c). |
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(b-1) In determining the best value for the state, in |
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addition to the requirements under Subsection (b) [. However], the |
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commission or other state agency may, subject to Subsection (c) and |
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Section 2155.075, consider other relevant factors, including: |
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(1) installation costs; |
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(2) life cycle costs; |
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(3) the quality and reliability of the goods and |
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services; |
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(4) the delivery terms; |
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(5) indicators of probable vendor performance under |
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the contract such as past vendor performance, the vendor's |
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financial resources and ability to perform, the vendor's experience |
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or demonstrated capability and responsibility, and the vendor's |
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ability to provide reliable maintenance agreements and support; |
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(6) the cost of any employee training associated with |
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a purchase; |
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(7) the effect of a purchase on agency productivity; |
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and |
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(8) [the vendor's anticipated economic impact to the
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state or a subdivision of the state, including potential tax
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revenue and employment; and
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[(9)] other factors relevant to determining the best |
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value for the state in the context of a particular purchase. |
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(c) A state agency shall consult with and receive approval |
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from the commission before considering factors other than the |
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considerations listed in Subsection (b) [price and meeting
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specifications] when the agency procures through competitive |
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bidding goods or services with a value that exceeds $100,000. |
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SECTION 3. Section 2155.143(a), Government Code, is amended |
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to read as follows: |
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(a) The Texas Youth Commission may purchase care and |
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treatment services, including educational services, for its wards |
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subject to Section 2155.074. |
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SECTION 4. Section 2155.144(c), Government Code, is amended |
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to read as follows: |
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(c) An agency to which this section applies shall acquire |
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goods or services by a [any] procurement method authorized by this |
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chapter [approved by the Health and Human Services Commission] that |
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provides the best value to the agency. The agency shall document |
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that it considered all relevant factors under Subsection (d) and in |
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Section 2155.074 in making the acquisition. |
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SECTION 5. Section 2155.1441(a), Government Code, is |
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amended to read as follows: |
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(a) A state agency shall acquire goods and services used in |
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support of the agency's health care programs by the method that |
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provides the greatest volume discount for the goods or services, |
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including group purchasing programs, state agency purchasing |
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consortiums, or competitive sealed proposals. The state agency |
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shall document that it considered the best value standards under |
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Section 2155.074 in making the determination. |
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SECTION 6. Section 2155.146(b), Government Code, is amended |
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to read as follows: |
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(b) The Employees Retirement System of Texas shall acquire |
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goods or services by a [any] procurement method authorized by this |
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chapter [approved by the board of trustees of the retirement
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system] that provides the best value to the retirement system. The |
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retirement system shall consider the best value standards |
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enumerated in Section 2155.074 in making the acquisition[, as added
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by Chapter 1206, Acts of the 75th Legislature, Regular Session,
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1997]. |
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SECTION 7. Section 2155.147(b), Government Code, is amended |
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to read as follows: |
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(b) The General Land Office shall acquire goods and services |
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by a [any] procurement method authorized by this chapter that |
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provides the best value to the land office. The land office shall |
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consider the best value standards provided by Section 2155.074. |
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SECTION 8. Section 2155.148(b), Government Code, is amended |
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to read as follows: |
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(b) The fire fighters' pension commissioner shall acquire |
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goods or services by a [any] procurement method authorized under |
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this chapter [approved by the state board of trustees of the Texas
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statewide emergency services personnel retirement fund] that |
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provides the best value to the retirement fund. The fire fighters' |
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pension commissioner shall consider the best value standards |
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provided by Section 2155.074. |
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SECTION 9. Section 2155.149(b), Government Code, is amended |
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to read as follows: |
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(b) The Veterans' Land Board shall acquire goods and |
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services under Subsection (a) by a [any] procurement method |
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authorized by this chapter that provides the best value to the |
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Veterans' Land Board. The Veterans' Land Board shall consider the |
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best value standards listed in Section 2155.074. |
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SECTION 10. Section 2155.150(b), Government Code, is |
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amended to read as follows: |
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(b) The Railroad Commission of Texas shall acquire goods and |
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services, under Subsection (a), by a [any] procurement method |
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authorized by this chapter that provides the best value to the |
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railroad commission. The railroad commission shall consider the |
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best value standards listed in Section 2155.074. |
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SECTION 11. Section 2155.268(b), Government Code, is |
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amended to read as follows: |
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(b) A state agency shall [may] supplement the bidders list |
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with its own list of historically underutilized businesses if it |
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determines that the supplementation will increase the number of |
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historically underutilized businesses that submit bids. |
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SECTION 12. Section 2155.269, Government Code, is amended |
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to read as follows: |
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Sec. 2155.269. WAIVER. The comptroller [commission] by rule |
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may establish a process under which the requirement for soliciting |
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bids or proposals from eligible vendors on a bidders list may be |
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waived for a [an appropriate] state agency or a [an appropriate] |
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purchase or other acquisition under circumstances in which the |
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requirement is not warranted as specifically defined in the |
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comptroller rule. |
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SECTION 13. Section 2155.444(a), Government Code, is |
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amended to read as follows: |
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(a) The commission and all state agencies making purchases |
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of goods, including agricultural products, shall give preference to |
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those produced or grown in this state or offered by Texas bidders as |
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follows: |
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(1) goods produced or offered by a Texas bidder that is |
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owned by a service-disabled veteran who is a Texas resident shall be |
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given a first preference and goods produced in this state or offered |
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by other Texas bidders shall be given second preference, if the cost |
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to the state and quality are equal; and |
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(2) agricultural products grown in this state shall be |
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given first preference and agricultural products offered by Texas |
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bidders shall be given second preference, if the cost to the state |
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and quality are comparable [equal]. |
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SECTION 14. The changes in law made by this Act to Chapter |
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2155, Government Code, apply only to goods and services purchased |
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or a contract entered into for the purchase of goods and services on |
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or after the effective date of this Act. |
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SECTION 15. This Act takes effect September 1, 2013. |