H.B. No. 4012

	AN ACT
	relating to the administration of the electronic state business
	daily.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  The heading to Section 2155.083, Government
	Code, is amended to read as follows:
	Sec. 2155.083.  ELECTRONIC STATE BUSINESS DAILY; NOTICE
	REGARDING PROCUREMENTS EXCEEDING $25,000.
	SECTION 2.  Sections 2155.083(c), (d), (e), (f), (g), and
	(k), Government Code, are amended to read as follows:
	(c)  The comptroller [each business day] shall operate the
	electronic state [produce and post a] business daily for state
	agencies and other eligible entities to advertise pre-solicitation
	notices, solicitations, and contract awards [in an electronic
	format.  The comptroller shall post in the business daily
	information as prescribed by this section about each state agency
	procurement that will exceed $25,000 in value.  The comptroller
	shall also post in the business daily other information relating to
	the business activity of the state that the comptroller considers
	to be of interest to the public].
	(d)  The comptroller shall make the electronic state
	business daily available on the Internet.  [Each state agency shall
	cooperate with the comptroller in making the electronic business
	daily available.]
	(e)  To accommodate businesses that do not have the technical
	means to access the electronic state business daily, governmental
	and nongovernmental entities such as public libraries, chambers of
	commerce, trade associations, small business development centers,
	economic development departments of local governments, and state
	agencies may provide public access to the electronic state business
	daily but may not charge a fee for providing access to the
	electronic state business daily under this subsection. [A
	governmental entity may recover the direct cost of providing the
	public access only by charging a fee for downloading procurement
	notices and bid or proposal solicitation packages posted in the
	business daily. A nongovernmental entity may use information
	posted in the business daily in providing a service that is more
	than only the downloading of information from the business daily,
	including a service by which appropriate bidders or offerors are
	matched with information that is relevant to those bidders or
	offerors, and may charge a lawful fee that the entity considers
	appropriate for the service.]
	(f)  The comptroller and other state agencies may not charge
	a fee designed to recover the cost of preparing and gathering the
	information that is published in the electronic state business
	daily.  These costs are considered part of a procuring agency's
	responsibility to publicly inform potential bidders or offerors of
	its procurement opportunities.
	(g)  A state agency shall post in the electronic state
	business daily either the entire bid or proposal solicitation
	package or a notice that includes all information necessary to make
	a successful bid, proposal, or other applicable expression of
	interest for the procurement contract, including at a minimum the
	following information for each procurement that the state agency
	will make that is estimated to exceed $25,000 in value:
	(1)  a brief description of the goods or services to be
	procured and any applicable state product or service codes for the
	goods and services;
	(2)  the last date on which bids, proposals, or other
	applicable expressions of interest will be accepted;
	(3)  the estimated quantity of goods or services to be
	procured;
	(4)  if applicable, the previous price paid by the
	state agency for the same or similar goods or services;
	(5)  the estimated date on which the goods or services
	to be procured will be needed; and
	(6)  the name, business mailing address, business
	e-mail address, and business telephone number of the state agency
	employee a person may contact to inquire about all necessary
	information related to making a bid or proposal or other applicable
	expression of interest for the procurement contract.
	(k)  Each state agency that will award a procurement contract
	estimated to exceed $25,000 in value shall post in the electronic
	state business daily [send to the comptroller]:
	(1)  the information required by this section to be
	posted [the comptroller requires for posting] in the electronic
	state business daily [under this section]; and
	(2)  a notice when the procurement contract has been
	awarded or when the state agency has decided to not make the
	procurement.
	SECTION 3.  This Act takes effect immediately if it receives
	a vote of two-thirds of all the members elected to each house, as
	provided by Section 39, Article III, Texas Constitution.  If this
	Act does not receive the vote necessary for immediate effect, this
	Act takes effect September 1, 2023.
	______________________________	______________________________
	President of the Senate	Speaker of the House
	I certify that H.B. No. 4012 was passed by the House on May 6,
	2023, by the following vote:  Yeas 127, Nays 7, 2 present, not
	voting.
	______________________________
	Chief Clerk of the House
	I certify that H.B. No. 4012 was passed by the Senate on May
	21, 2023, by the following vote:  Yeas 31, Nays 0.
	______________________________
	Secretary of the Senate
	APPROVED:  _____________________
	Date
	_____________________
	Governor