reglab/statecodes huggingface dataset:
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle D - State Purchasing and General Services › Chapter 2157 - Purchasing: Purchase of Automated Information Systems › Subchapter C. Requests for Proposals Purchase Method › Section 2157.125. Contract Award; Factors Considered

Sec. 2157.125.  CONTRACT AWARD;  FACTORS CONSIDERED.  (a)  The comptroller or other state agency shall make a written award of a purchase or lease to the offeror whose proposal under this subchapter offers the best value for the state, considering price, past vendor performance, vendor experience or demonstrated capability, and the evaluation factors in the request for proposals.
(b)  The comptroller or other state agency shall refuse all offers if no offer submitted is acceptable.
(c)  In determining which proposal under this subchapter offers the best value for the state, the comptroller or other state agency shall, when applicable and subject to Sections 2155.074 and 2155.075, consider factors including:
(1)  the installation cost;
(2)  the overall life of the system or equipment;
(3)  the cost of acquisition, operation, and maintenance of hardware included with, associated with, or required for the system or equipment during the state's ownership or lease;
(4)  the cost of acquisition, operation, and maintenance of software included with, associated with, or required for the system or equipment during the state's ownership or lease;
(5)  the estimated cost of other supplies needed because of the acquisition;
(6)  the estimated cost of employee training needed because of the acquisition;
(7)  the estimated cost of necessary additional permanent employees because of the acquisition; and
(8)  the estimated increase in employee productivity because of the acquisition.
(d)  The comptroller or other state agency shall state in writing in the contract file the reasons for making an award.
Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 1997, 75th Leg., ch. 1206, Sec. 21, eff. Sept. 1, 1997.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1071 (H.B. 1524), Sec. 73, eff. September 1, 2019.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle D - State Purchasing and General Services › Chapter 2157 - Purchasing: Purchase of Automated Information Systems › Subchapter C. Requests for Proposals Purchase Method › Section 2157.126. Rules

Sec. 2157.126.  RULES.  The comptroller shall adopt rules necessary or convenient to perform its responsibilities regarding requests for proposals under this subchapter and shall request assistance from other state agencies as needed.
Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1, 1995.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1071 (H.B. 1524), Sec. 73, eff. September 1, 2019.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle D - State Purchasing and General Services › Chapter 2157 - Purchasing: Purchase of Automated Information Systems › Subchapter D. Preapproved Contract Terms and Conditions › Section 2157.181. Preapproved Contract Terms and Conditions

Sec. 2157.181.  PREAPPROVED CONTRACT TERMS AND CONDITIONS.  (a)  The comptroller, with the concurrence of the department, may negotiate with vendors preapproved terms and conditions to be included in contracts relating to the purchase or lease of a telecommunication device, system, or service or an automated information system awarded to a vendor by a state agency.
(b)  The comptroller and the department must agree to the wording of preapproved terms and conditions negotiated with a vendor.
Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1, 1995.
Amended by:
Acts 2005, 79th Leg., Ch. 1068 (H.B. 1516), Sec. 2.07, eff. September 1, 2005.
Acts 2019, 86th Leg., R.S., Ch. 1071 (H.B. 1524), Sec. 74, eff. September 1, 2019.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle D - State Purchasing and General Services › Chapter 2157 - Purchasing: Purchase of Automated Information Systems › Subchapter D. Preapproved Contract Terms and Conditions › Section 2157.182. Validity of Preapproved Terms and Conditions; Renegotiation

Sec. 2157.182.  VALIDITY OF PREAPPROVED TERMS AND CONDITIONS; RENEGOTIATION.  (a)  Preapproved terms and conditions to which a vendor, the comptroller, and the department agree are valid for two years after the date of the agreement and must provide that the terms and conditions are to be renegotiated before the end of the two years.
(b)  The comptroller and the department jointly shall establish procedures to ensure that terms and conditions are renegotiated before they expire in a contract between the vendor and a state agency.
Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1, 1995.
Amended by:
Acts 2005, 79th Leg., Ch. 1068 (H.B. 1516), Sec. 2.08, eff. September 1, 2005.
Acts 2019, 86th Leg., R.S., Ch. 1071 (H.B. 1524), Sec. 74, eff. September 1, 2019.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle D - State Purchasing and General Services › Chapter 2157 - Purchasing: Purchase of Automated Information Systems › Subchapter D. Preapproved Contract Terms and Conditions › Section 2157.183. Preapproved Term or Condition Part of Contract; Change of Term or Condition

Sec. 2157.183.  PREAPPROVED TERM OR CONDITION PART OF CONTRACT;  CHANGE OF TERM OR CONDITION.  (a)  Preapproved terms and conditions must be part of any contract between a state agency and a vendor that has agreed to them.
(b)  A preapproved term or condition that is changed remains valid for an existing contract of which it is part but must be renegotiated before it may be part of another or a renewed contract.
Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle D - State Purchasing and General Services › Chapter 2157 - Purchasing: Purchase of Automated Information Systems › Subchapter D. Preapproved Contract Terms and Conditions › Section 2157.184. Notification of State Agencies and Vendors

Sec. 2157.184.  NOTIFICATION OF STATE AGENCIES AND VENDORS.  The comptroller and the department jointly shall establish procedures to notify state agencies and potential vendors of the provisions of this subchapter regarding preapproved terms and conditions.
Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1, 1995.
Amended by:
Acts 2005, 79th Leg., Ch. 1068 (H.B. 1516), Sec. 2.09, eff. September 1, 2005.
Acts 2019, 86th Leg., R.S., Ch. 1071 (H.B. 1524), Sec. 74, eff. September 1, 2019.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle D - State Purchasing and General Services › Chapter 2158 - Purchasing: Miscellaneous Provisions for Purchase of Certain Goods and Services › Subchapter A. Purchase of Passenger Vehicles › Section 2158.001. Definitions

Sec. 2158.001.  DEFINITIONS.  In this subchapter:
(1)  "Conventional gasoline" means any gasoline that does not meet specifications set by a certification under Section 211(k) of the federal Clean Air Act (42 U.S.C. Section 7545(k)).
(2)  "Golf cart" has the meaning assigned by Section 551.401, Transportation Code.
(3)  "Light-duty motor vehicle" has the meaning assigned by Section 386.151, Health and Safety Code.
(4)  "Motor vehicle" has the meaning assigned by Section 386.151, Health and Safety Code.
(5)  "Neighborhood electric vehicle" means a motor vehicle that:
(A)  is originally manufactured to meet, and does meet, the equipment requirements and safety standards established for "low-speed vehicles" in Federal Motor Vehicle Safety Standard 500 (49 C.F.R. Section 571.500);
(B)  is a slow-moving vehicle, as defined by Section 547.001, Transportation Code, that is able to attain a speed of more than 20 miles per hour but not more than 25 miles per hour in one mile on a paved, level surface;
(C)  is a four-wheeled motor vehicle;
(D)  is powered by electricity or alternative power sources;
(E)  has a gross vehicle weight rating of less than 3,000 pounds; and
(F)  is not a golf cart.
(6)  "Plug-in hybrid motor vehicle" means a vehicle that:
(A)  draws motive power from a battery with a capacity of at least four kilowatt-hours;
(B)  can be recharged from an external source of electricity for motive power; and
(C)  is a light-duty motor vehicle capable of operating at highway speeds, excluding golf carts and neighborhood electric vehicles.
Added by Acts 1997, 75th Leg., ch. 165, Sec. 17.02(a), eff. Sept. 1, 1997.
Amended by:
Acts 2005, 79th Leg., Ch. 864 (S.B. 1032), Sec. 3, eff. September 1, 2005.
Acts 2009, 81st Leg., R.S., Ch. 900 (H.B. 432), Sec. 1, eff. September 1, 2009.
Acts 2019, 86th Leg., R.S., Ch. 1233 (H.B. 1548), Sec. 3, eff. June 14, 2019.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle D - State Purchasing and General Services › Chapter 2158 - Purchasing: Miscellaneous Provisions for Purchase of Certain Goods and Services › Subchapter A. Purchase of Passenger Vehicles › Section 2158.0011. Comptroller Powers and Duties

Sec. 2158.0011.  COMPTROLLER POWERS AND DUTIES.   The comptroller has under this chapter the powers and duties described by Section 2151.004(d).
Added by Acts 2007, 80th Leg., R.S., Ch. 937 (H.B. 3560), Sec. 1.20, eff. September 1, 2007.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1071 (H.B. 1524), Sec. 75, eff. September 1, 2019.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle D - State Purchasing and General Services › Chapter 2158 - Purchasing: Miscellaneous Provisions for Purchase of Certain Goods and Services › Subchapter A. Purchase of Passenger Vehicles › Section 2158.0012. Authority to Adopt Rules

Sec. 2158.0012.  AUTHORITY TO ADOPT RULES.  The comptroller may adopt rules to efficiently and effectively administer this chapter.  Before adopting a rule under this section, the comptroller must conduct a public hearing regarding the proposed rule regardless of whether the requirements of Section 2001.029(b) are met.
Added by Acts 2007, 80th Leg., R.S., Ch. 937 (H.B. 3560), Sec. 1.20, eff. September 1, 2007.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle D - State Purchasing and General Services › Chapter 2158 - Purchasing: Miscellaneous Provisions for Purchase of Certain Goods and Services › Subchapter A. Purchase of Passenger Vehicles › Section 2158.0013. Applicability of Subchapter

Sec. 2158.0013.  APPLICABILITY OF SUBCHAPTER.  The purchasing requirements relating to alternatively fueled vehicles established by this subchapter do not apply if a state agency demonstrates that the state agency will incur net costs in meeting the requirements of this subchapter.
Added by Acts 2009, 81st Leg., R.S., Ch. 900 (H.B. 432), Sec. 2, eff. September 1, 2009.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle D - State Purchasing and General Services › Chapter 2158 - Purchasing: Miscellaneous Provisions for Purchase of Certain Goods and Services › Subchapter A. Purchase of Passenger Vehicles › Section 2158.002. Applicability

Sec. 2158.002.  APPLICABILITY.  This subchapter does not apply to a vehicle acquired by the Texas Transportation Institute for the purpose of performing crash tests and related research.
Added by Acts 1997, 75th Leg., ch. 165, Sec. 17.02(a), eff. Sept. 1, 1997.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle D - State Purchasing and General Services › Chapter 2158 - Purchasing: Miscellaneous Provisions for Purchase of Certain Goods and Services › Subchapter A. Purchase of Passenger Vehicles › Section 2158.003. Wheelbase and Horsepower Restrictions

Sec. 2158.003.  WHEELBASE AND HORSEPOWER RESTRICTIONS.  (a)  A state agency may not purchase or lease a vehicle designed or used primarily for the transportation of individuals, including a station wagon, that has a wheelbase longer than 113 inches or that has more than 160 SAE net horsepower.  The vehicle may have a wheelbase of up to 116 inches or SAE net horsepower of up to 280 if the vehicle will be converted so that it uses compressed natural gas, liquefied natural gas, liquefied petroleum gas, methanol or methanol/gasoline blends of 85 percent or greater, ethanol or ethanol/gasoline blends of 85 percent or greater, biodiesel or biodiesel/diesel blends of 20 percent or greater, or electricity, including electricity to power a plug-in hybrid motor vehicle.  This exception to the wheelbase and horsepower limitations applies to a state agency regardless of the size of the agency's vehicle fleet.
(b)  The wheelbase and horsepower limitations prescribed by Subsection (a) do not apply to the purchase or lease of:
(1)  a vehicle to be used primarily for criminal law enforcement;
(2)  a bus, motorcycle, pickup, van, truck, three-wheel vehicle, or tractor;  or
(3)  an ambulance.
Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1, 1995.  Renumbered from Government Code Sec. 2158.001 and amended by 1997, 75th Leg., ch. 165, Sec. 17.02(a).
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 900 (H.B. 432), Sec. 3, eff. September 1, 2009.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle D - State Purchasing and General Services › Chapter 2158 - Purchasing: Miscellaneous Provisions for Purchase of Certain Goods and Services › Subchapter A. Purchase of Passenger Vehicles › Section 2158.0031. Purchase Preference for American Vehicles

Sec. 2158.0031.  PURCHASE PREFERENCE FOR AMERICAN VEHICLES.  A state agency authorized to purchase passenger vehicles or other ground transportation vehicles for general use shall purchase economical, fuel-efficient vehicles assembled in the United States unless such a purchase would have a significant detrimental effect on the use to which the vehicles will be put.
Added by Acts 1999, 76th Leg., ch. 1499, Sec. 1.20, eff. Sept. 1, 1999.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle D - State Purchasing and General Services › Chapter 2158 - Purchasing: Miscellaneous Provisions for Purchase of Certain Goods and Services › Subchapter A. Purchase of Passenger Vehicles › Section 2158.006. Determination of Alternative Fuels Program Parameters

Sec. 2158.006.  DETERMINATION OF ALTERNATIVE FUELS PROGRAM PARAMETERS.  In developing the use of compressed natural gas, liquefied natural gas, liquefied petroleum gas, methanol or methanol/gasoline blends of 85 percent or greater, ethanol or ethanol/gasoline blends of 85 percent or greater, biodiesel or biodiesel/diesel blends of 20 percent or greater, or electricity, including electricity to power a plug-in hybrid motor vehicle, the comptroller should work with state agency fleet operators, vehicle manufacturers and converters, fuel distributors, and others to determine the vehicles to be covered, taking into consideration:
(1)  range;
(2)  specialty uses;
(3)  fuel availability;
(4)  vehicle manufacturing and conversion capability;
(5)  safety;
(6)  resale values; and
(7)  other relevant factors.
Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1, 1995.  Renumbered from Government Code Sec. 2158.004 and amended by Acts 1997, 75th Leg., ch. 165, Sec. 17.02(a).
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 900 (H.B. 432), Sec. 5, eff. September 1, 2009.
Acts 2019, 86th Leg., R.S., Ch. 1071 (H.B. 1524), Sec. 77, eff. September 1, 2019.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle D - State Purchasing and General Services › Chapter 2158 - Purchasing: Miscellaneous Provisions for Purchase of Certain Goods and Services › Subchapter A. Purchase of Passenger Vehicles › Section 2158.007. Compliance With Applicable Safety Standards

Sec. 2158.007.  COMPLIANCE WITH APPLICABLE SAFETY STANDARDS.  In purchasing, leasing, maintaining, or converting vehicles for use with compressed natural gas, liquefied natural gas, liquefied petroleum gas, methanol or methanol/gasoline blends of 85 percent or greater, ethanol or ethanol/gasoline blends of 85 percent or greater, biodiesel or biodiesel/diesel blends of 20 percent or greater, or electricity, including electricity to power a plug-in hybrid motor vehicle, the comptroller shall comply with all applicable safety standards adopted by the United States Department of Transportation and the Railroad Commission of Texas.
Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1, 1995.  Renumbered from Government Code Sec. 2158.005 and amended by Acts 1997, 75th Leg., ch. 165, Sec. 17.02(a).
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 900 (H.B. 432), Sec. 5, eff. September 1, 2009.
Acts 2019, 86th Leg., R.S., Ch. 1071 (H.B. 1524), Sec. 77, eff. September 1, 2019.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle D - State Purchasing and General Services › Chapter 2158 - Purchasing: Miscellaneous Provisions for Purchase of Certain Goods and Services › Subchapter A. Purchase of Passenger Vehicles › Section 2158.008. When Vehicle Considered to Be Using Alternative Fuels

Sec. 2158.008.  WHEN VEHICLE CONSIDERED TO BE USING ALTERNATIVE FUELS.  In this subchapter, a vehicle is considered to be using compressed natural gas, liquefied natural gas, liquefied petroleum gas, methanol or methanol/gasoline blends of 85 percent or greater, ethanol or ethanol/gasoline blends of 85 percent or greater, biodiesel or biodiesel/diesel blends of 20 percent or greater, or electricity, including electricity to power a plug-in hybrid motor vehicle, if the vehicle uses those fuels:
(1)  not less than 80 percent of the time the vehicle is driven; and
(2)  either in its original equipment engine or in an engine that has been converted to use those fuels.
Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1, 1995.  Renumbered from Government Code Sec. 2158.006 and amended by Acts 1997, 75th Leg., ch. 165, Sec. 17.02(a).
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 900 (H.B. 432), Sec. 5, eff. September 1, 2009.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle D - State Purchasing and General Services › Chapter 2158 - Purchasing: Miscellaneous Provisions for Purchase of Certain Goods and Services › Subchapter A. Purchase of Passenger Vehicles › Section 2158.009. Low-Emissions Vehicles Purchasing Requirement

Sec. 2158.009.  LOW-EMISSIONS VEHICLES PURCHASING REQUIREMENT.  (a)  Repealed by Acts 2009, 81st Leg., R.S., Ch. 900, Sec. 7, eff. September 1, 2009.
(b)  A state agency authorized to purchase passenger vehicles or other ground transportation vehicles for general use shall ensure that not less than 25 percent of the vehicles the agency purchases during any state fiscal biennium, other than vehicles the purchase of which is exempted from this subsection by Subsection (c) or (d), are vehicles that meet or exceed the emissions standards necessary to be rated by the United States Environmental Protection Agency as a Tier II, Bin 3, emissions standard vehicle that has a greenhouse gas score of eight under regulations of that agency as they existed September 1, 2007.
(c)  A state agency is exempt from Subsection (b) to the extent that a vehicle described by that subsection that meets the agency's operational needs is not commercially available.
Text of subsection effective until January 01, 2025
(d)  Subsection (b) does not apply to a state agency's purchase of a vehicle to be used by a peace officer, as defined by Article 2.12, Code of Criminal Procedure, whose duties include the apprehension of persons for violation of a criminal law of this state.
Text of subsection effective on January 01, 2025
(d)  Subsection (b) does not apply to a state agency's purchase of a vehicle to be used by a peace officer, as defined by Article 2A.001, Code of Criminal Procedure, whose duties include the apprehension of persons for violation of a criminal law of this state.
Added by Acts 2007, 80th Leg., R.S., Ch. 1221 (H.B. 2293), Sec. 1, eff. September 1, 2007.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 900 (H.B. 432), Sec. 6, eff. September 1, 2009.
Acts 2009, 81st Leg., R.S., Ch. 900 (H.B. 432), Sec. 7, eff. September 1, 2009.
Acts 2023, 88th Leg., R.S., Ch. 765 (H.B. 4504), Sec. 2.118, eff. January 1, 2025.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle D - State Purchasing and General Services › Chapter 2158 - Purchasing: Miscellaneous Provisions for Purchase of Certain Goods and Services › Subchapter C. Other Contracts for Printing Services › Section 2158.121. Prohibition Applicable to Other Printing Contracts; Offense; Penalty

Sec. 2158.121.  PROHIBITION APPLICABLE TO OTHER PRINTING CONTRACTS;  OFFENSE;  PENALTY.  (a)  Except as otherwise provided by a contract or agreement with the state authorized by this subchapter, a person doing printing under contract for the state commits an offense if the person reproduces, prints, prepares, sells, or furnishes the printing or printed matter, a reprint, reproduction, or copy of the printing or printed matter, or a plate, type, mat, cut, or engraving from which the printing contract was executed, in an amount other than that agreed to be printed and furnished to the state under the contract.
(b)  An offense under this section is a misdemeanor punishable by:
(1)  a fine of not less than $100 or more than $1,000;  and
(2)  confinement in jail for not more than 30 days if the offender is an individual.
(c)  Conviction of an agent or employee under this section does not bar conviction of a principal.
(d)  This subchapter does not apply to the printing and sale to the public of copies of the general and special laws by the printer of the laws under a contract authorized by Subchapter B.
Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle D - State Purchasing and General Services › Chapter 2158 - Purchasing: Miscellaneous Provisions for Purchase of Certain Goods and Services › Subchapter C. Other Contracts for Printing Services › Section 2158.122. Exception to Prohibition

Sec. 2158.122.  EXCEPTION TO PROHIBITION.  (a)  On consent of the comptroller and the governor, a person may print extra copies of matter printed under a state contract and sell the copies at a price fixed by the comptroller if in the opinion of the comptroller and the governor the printed matter should be distributed in this manner for the benefit of the public.
(b)  A contract for the printing and sale of extra copies under this section must be approved by the attorney general.
Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1, 1995.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1071 (H.B. 1524), Sec. 78, eff. September 1, 2019.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle D - State Purchasing and General Services › Chapter 2158 - Purchasing: Miscellaneous Provisions for Purchase of Certain Goods and Services › Subchapter C. Other Contracts for Printing Services › Section 2158.123. State Printing Contracts

Sec. 2158.123.  STATE PRINTING CONTRACTS.  In this chapter and Chapters 2155, 2156, and 2157, printing is considered to be performed for the state if the printing is done under contract for:
(1)  the legislature, including either house of the legislature;
(2)  a state department, board, or commission;
(3)  a court;
(4)  an officer or agent of the state;  or
(5)  the state.
Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle D - State Purchasing and General Services › Chapter 2158 - Purchasing: Miscellaneous Provisions for Purchase of Certain Goods and Services › Subchapter D. Purchase of Electrical Items › Section 2158.181. Safety Standards for Electrical Items

Sec. 2158.181.  SAFETY STANDARDS FOR ELECTRICAL ITEMS.  The comptroller or another state agency may not purchase an electrical item unless the item meets applicable safety standards of the federal Occupational Safety and Health Administration.
Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1, 1995.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1071 (H.B. 1524), Sec. 79, eff. September 1, 2019.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle D - State Purchasing and General Services › Chapter 2158 - Purchasing: Miscellaneous Provisions for Purchase of Certain Goods and Services › Subchapter E. Recycled Products › Section 2158.241. Interstate Compacts and Cooperative Agreements for Procuring Recycled Products

Sec. 2158.241.  INTERSTATE COMPACTS AND COOPERATIVE AGREEMENTS FOR PROCURING RECYCLED PRODUCTS.  The comptroller may enter into compacts and cooperative agreements with other states and government entities for procuring products made of recycled materials when the comptroller determines it is in the best interest of the state.
Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 1999, 76th Leg., ch. 426, Sec. 15, eff. June 18, 1999.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1071 (H.B. 1524), Sec. 79, eff. September 1, 2019.
Subchapter F, consisting of Secs. 2158.301, was added by Acts 2007, 80th Leg., R.S., Ch. 262 (S.B. 12), Sec. 3.05.
For another Subchapter F, consisting of Secs. 2158.301, added by Acts 2007, 80th Leg., R.S., Ch. 939 (H.B. 3693), Sec. 5, see Sec. 2158.301 et seq., post.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle D - State Purchasing and General Services › Chapter 2158 - Purchasing: Miscellaneous Provisions for Purchase of Certain Goods and Services › Subchapter F. Energy and Efficiency Standards › Section 2158.301. Energy Conservation

Sec. 2158.301.  ENERGY CONSERVATION.  If available and cost effective, the comptroller or another state agency shall purchase equipment and appliances for state use that meet or exceed the federal Energy Star standards designated by the United States Environmental Protection Agency and the United States Department of Energy.
Added by Acts 2007, 80th Leg., R.S., Ch. 262 (S.B. 12), Sec. 3.05, eff. June 8, 2007.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1071 (H.B. 1524), Sec. 80, eff. September 1, 2019.
Subchapter F, consisting of Secs. 2158.301, was added by Acts 2007, 80th Leg., R.S., Ch. 939 (H.B. 3693), Sec. 5.
For another Subchapter F, consisting of Secs. 2158.301, added by Acts 2007, 80th Leg., R.S., Ch. 262 (S.B. 12), Sec. 3.05, see Sec. 2158.301 et seq., post.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle D - State Purchasing and General Services › Chapter 2158 - Purchasing: Miscellaneous Provisions for Purchase of Certain Goods and Services › Subchapter F. Energy and Efficiency Standards for Equipment and Appliances › Section 2158.301. Energy Conservation

Sec. 2158.301.  ENERGY CONSERVATION.  If available and cost-effective, a state agency shall purchase equipment and appliances for state use that meet or exceed:
(1)  the federal energy conservation standards under Section 325, Energy Policy and Conservation Act (42 U.S.C. Section 6295), or a federal regulation adopted under that Act; or
(2)  the federal Energy Star standards designated by the United States Environmental Protection Agency and the United States Department of Energy.
Added by Acts 2007, 80th Leg., R.S., Ch. 939 (H.B. 3693), Sec. 5, eff. September 1, 2007.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle D - State Purchasing and General Services › Chapter 2158 - Purchasing: Miscellaneous Provisions for Purchase of Certain Goods and Services › Subchapter H. Purchase of Pharmacy Benefit Manager Services › Section 2158.401. Definition; Applicability

Sec. 2158.401.  DEFINITION; APPLICABILITY.  (a)  In this subchapter, "state agency" means a board, commission, department, office, or other agency in the executive, legislative, or judicial branch of state government that is created by the constitution or a statute of this state, including an institution of higher education as defined by Section 61.003, Education Code.
(b)  This subchapter applies in relation to a state agency contract or proposed contract for pharmacy benefit manager services without regard to whether the contract or proposed contract is otherwise subject to this subtitle.
Added by Acts 2009, 81st Leg., R.S., Ch. 1207 (S.B. 704), Sec. 1, eff. September 1, 2009.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle D - State Purchasing and General Services › Chapter 2158 - Purchasing: Miscellaneous Provisions for Purchase of Certain Goods and Services › Subchapter H. Purchase of Pharmacy Benefit Manager Services › Section 2158.402. Required Disclosure

Sec. 2158.402.  REQUIRED DISCLOSURE.  (a)  A state agency on request of another state agency shall disclose information relating to the amounts charged by a pharmacy benefit manager for pharmacy benefit manager services provided under a prescription drug program and other requested pricing information related to a contract for pharmacy benefit manager services.  A state agency shall provide information requested under this section not later than the 30th day after the date the information is requested.
(b)  Subsection (a) does not require a state agency to disclose information the agency is specifically prohibited from disclosing under a contract with a pharmacy benefit manager executed before September 1, 2009.
(c)  A contract entered, amended, or extended on or after September 1, 2009, may not contain a provision that prohibits a state agency from disclosing under this subchapter information on the amounts charged by a pharmacy benefit manager for pharmacy benefit manager services provided under a prescription drug program or from disclosing under this subchapter other pricing information related to the contract.
Added by Acts 2009, 81st Leg., R.S., Ch. 1207 (S.B. 704), Sec. 1, eff. September 1, 2009.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle D - State Purchasing and General Services › Chapter 2158 - Purchasing: Miscellaneous Provisions for Purchase of Certain Goods and Services › Subchapter H. Purchase of Pharmacy Benefit Manager Services › Section 2158.403. Confidentiality

Sec. 2158.403.  CONFIDENTIALITY.  The information received by a state agency under this subchapter may not be disclosed to a person outside of the state agency or its agents.
Added by Acts 2009, 81st Leg., R.S., Ch. 1207 (S.B. 704), Sec. 1, eff. September 1, 2009.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle D - State Purchasing and General Services › Chapter 2161 - Historically Underutilized Businesses › Subchapter A. General Provisions › Section 2161.001. Definitions

Sec. 2161.001.  DEFINITIONS.  In this chapter:
(1)  "Goods" means supplies, materials, or equipment.
(2)  "Historically underutilized business" means an entity with its principal place of business in this state that is:
(A)  a corporation formed for the purpose of making a profit in which 51 percent or more of all classes of the shares of stock or other equitable securities are owned by one or more economically disadvantaged persons who have a proportionate interest and actively participate in the corporation's control, operation, and management;
(B)  a sole proprietorship created for the purpose of making a profit that is completely owned, operated, and controlled by an economically disadvantaged person;
(C)  a partnership formed for the purpose of making a profit in which 51 percent or more of the assets and interest in the partnership are owned by one or more economically disadvantaged persons who have a proportionate interest and actively participate in the partnership's control, operation, and management;
(D)  a joint venture in which each entity in the venture is a historically underutilized business, as determined under another paragraph of this subdivision;  or
(E)  a supplier contract between a historically underutilized business as determined under another paragraph of this subdivision and a prime contractor under which the historically underutilized business is directly involved in the manufacture or distribution of the goods or otherwise warehouses and ships the goods.
(3)  "Economically disadvantaged person" means a person who:
(A)  is economically disadvantaged because of the person's identification as a member of a certain group, including:
(i)  Black Americans;
(ii) Hispanic Americans;
(iii) women;
(iv) Asian Pacific Americans;
(v) Native Americans; and
(vi)  veterans as defined by 38 U.S.C. Section 101(2) who have suffered at least a 20 percent service-connected disability as defined by 38 U.S.C. Section 101(16); and
(B)  has suffered the effects of discriminatory practices or other similar insidious circumstances over which the person has no control.
(4)  "Contract" includes an arrangement under which a state agency receives professional or investment brokerage services.
Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 1999, 76th Leg., ch. 1499, Sec. 1.21, eff. Sept. 1, 1999;  Acts 2003, 78th Leg., ch. 1261, Sec. 1, eff. Sept. 1, 2003.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 1255 (H.B. 194), Sec. 1, eff. September 1, 2013.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle D - State Purchasing and General Services › Chapter 2161 - Historically Underutilized Businesses › Subchapter A. General Provisions › Section 2161.0011. Comptroller Powers and Duties

Sec. 2161.0011.  COMPTROLLER POWERS AND DUTIES.   The comptroller has under this chapter the powers and duties described by Section 2151.004(d).
Added by Acts 2007, 80th Leg., R.S., Ch. 937 (H.B. 3560), Sec. 1.21, eff. September 1, 2007.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1071 (H.B. 1524), Sec. 81, eff. September 1, 2019.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle D - State Purchasing and General Services › Chapter 2161 - Historically Underutilized Businesses › Subchapter A. General Provisions › Section 2161.0012. Authority to Adopt Rules

Sec. 2161.0012.  AUTHORITY TO ADOPT RULES.  (a)  The comptroller may adopt rules to efficiently and effectively administer this chapter.  Before adopting a rule under this section, the comptroller must conduct a public hearing regarding the proposed rule regardless of whether the requirements of Section 2001.029(b) are met.
(b)  The comptroller shall follow the procedures prescribed by Subchapter B, Chapter 2001, when adopting a new rule or a change to an existing rule that relates to historically underutilized businesses.
Added by Acts 2007, 80th Leg., R.S., Ch. 937 (H.B. 3560), Sec. 1.21, eff. September 1, 2007.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle D - State Purchasing and General Services › Chapter 2161 - Historically Underutilized Businesses › Subchapter A. General Provisions › Section 2161.0015. Determining Size Standards for Historically Underutilized Businesses

Sec. 2161.0015.  DETERMINING SIZE STANDARDS FOR HISTORICALLY UNDERUTILIZED BUSINESSES.  The comptroller may establish size standards that a business may not exceed if it is to be considered a historically underutilized business under this chapter.  In determining the size standards, the comptroller shall determine the size at which a business should be considered sufficiently large that the business probably does not significantly suffer from the effects of past discriminatory practices.
Added by Acts 1999, 76th Leg., ch. 1499, Sec. 2.02, eff. Sept. 1, 1999.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1071 (H.B. 1524), Sec. 81, eff. September 1, 2019.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle D - State Purchasing and General Services › Chapter 2161 - Historically Underutilized Businesses › Subchapter A. General Provisions › Section 2161.002. Administration; Rules

Sec. 2161.002.  ADMINISTRATION; RULES.  (a)  To administer Subchapters B and C, the comptroller may:
(1)  require information from a state agency; and
(2)  adopt rules.
(c)  In adopting rules to administer this chapter, the comptroller shall adopt rules that are based on the results of the "State of Texas Disparity Study, A Report to the Texas Legislature as Mandated by H.B. 2626, 73rd Legislature, December 1994" (prepared by National Economic Research Associates, Inc.).  The comptroller shall revise the rules in response to the findings of any updates of the study that are prepared on behalf of the state.
(d)  The comptroller shall adopt rules to provide goals for increasing the contract awards for the purchase of goods or services by the comptroller and other state agencies to businesses that qualify as historically underutilized businesses because the businesses are owned or owned, operated, and controlled, as applicable, wholly or partly by one or more veterans as defined by 38 U.S.C. Section 101(2) who have a service-connected disability as defined by 38 U.S.C. Section 101(16). The goals established under this subsection are in addition to the goals established under Subsection (c) and the goals established under Subsection (c) may not be reduced as a result of the establishment of goals under this subsection.
Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 1999, 76th Leg., ch. 1499, Sec. 1.22, eff. Sept. 1, 1999.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 937 (H.B. 3560), Sec. 1.117(6), eff. September 1, 2007.
Acts 2013, 83rd Leg., R.S., Ch. 1255 (H.B. 194), Sec. 2, eff. September 1, 2013.
Acts 2019, 86th Leg., R.S., Ch. 1071 (H.B. 1524), Sec. 81, eff. September 1, 2019.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle D - State Purchasing and General Services › Chapter 2161 - Historically Underutilized Businesses › Subchapter A. General Provisions › Section 2161.003. Agency Rules

Sec. 2161.003.  AGENCY RULES.  A state agency, including an institution of higher education, shall adopt the comptroller's rules under Section 2161.002 as the agency's or institution's own rules.  Those rules apply to the agency's construction projects and purchases of goods and services paid for with appropriated money without regard to whether a project or purchase is otherwise subject to this subtitle.
Added by Acts 1999, 76th Leg., ch. 1499, Sec. 1.23, eff. Sept. 1, 1999.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1071 (H.B. 1524), Sec. 81, eff. September 1, 2019.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle D - State Purchasing and General Services › Chapter 2161 - Historically Underutilized Businesses › Subchapter A. General Provisions › Section 2161.004. Applicability; Intent

Sec. 2161.004.  APPLICABILITY;  INTENT.  (a)  This chapter and rules adopted by the comptroller under this chapter apply to state agency construction projects and purchases of goods and services that are paid for with appropriated money and made under the authority of this subtitle or other law.
(b)  The legislature intends that all qualified businesses have access to compete for business from the state.
(c)  Section 2161.003 and Subsections (a) and (b) of this section do not apply to a project or contract subject to Section 201.702, Transportation Code.
Added by Acts 1999, 76th Leg., ch. 1499, Sec. 1.23, eff. Sept. 1, 1999.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1071 (H.B. 1524), Sec. 82, eff. September 1, 2019.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle D - State Purchasing and General Services › Chapter 2161 - Historically Underutilized Businesses › Subchapter A. General Provisions › Section 2161.005. Transfer of Funds for Purchasing

Sec. 2161.005.  TRANSFER OF FUNDS FOR PURCHASING.  If the state auditor reports to the comptroller under Section 2161.123(d) that a state agency is not complying with Section 2161.123, the comptroller shall report that fact to the Legislative Budget Board.  If the Legislative Budget Board determines that, one year after the date of the state auditor's report to the comptroller, the agency is still not complying with Section 2161.123, the budget board may, under Section 69, Article XVI, Texas Constitution, direct the emergency transfer of the agency's appropriated funds for making purchases under purchasing authority delegated under Section 2155.131 to the appropriate state agency.  The amount transferred from the agency's funds to the appropriate agency shall be an amount determined by the Legislative Budget Board.
Added by Acts 1999, 76th Leg., ch. 1499, Sec. 1.23, eff. Sept. 1, 1999.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1071 (H.B. 1524), Sec. 83, eff. September 1, 2019.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle D - State Purchasing and General Services › Chapter 2161 - Historically Underutilized Businesses › Subchapter B. General Powers and Duties › Section 2161.062. Assistance to Historically Underutilized Businesses

Sec. 2161.062.  ASSISTANCE TO HISTORICALLY UNDERUTILIZED BUSINESSES.  (a)  The comptroller shall seek the advice of the governor, legislature, and state agencies in identifying and developing opportunities for historically underutilized businesses.
(b)  The comptroller shall offer historically underutilized businesses assistance and training regarding state procurement procedures.
(c)  The comptroller shall advise historically underutilized businesses of available state contracts and shall advise historically underutilized businesses to apply for registration on the comptroller's master bidders list.
(d)  The comptroller shall send historically underutilized businesses an orientation package on certification or recertification.  The package shall include:
(1)  a certificate issued in the historically underutilized business's name;
(2)  a description of the significance and value of certification;
(3)  a list of state purchasing personnel;
(4)  information regarding electronic commerce opportunities;
(5)  information regarding the Texas Marketplace website; and
(6)  additional information about the state procurement process.
(e)  A state agency with a biennial budget that exceeds $10 million shall designate a staff member to serve as the historically underutilized businesses coordinator for the agency during the fiscal year.  The procurement director may serve as the coordinator.  In agencies that employ a historically underutilized businesses coordinator, the position of coordinator, within the agency's structure, must be at least equal to the position of procurement director.  In addition to any other responsibilities, the coordinator shall:
(1)  coordinate training programs for the recruitment and retention of historically underutilized businesses;
(2)  report required information to the comptroller; and
(3)  match historically underutilized businesses with key staff within the agency.
Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 1999, 76th Leg., ch. 1499, Sec. 2.04, eff. Sept. 1, 1999.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1071 (H.B. 1524), Sec. 87, eff. September 1, 2019.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle D - State Purchasing and General Services › Chapter 2161 - Historically Underutilized Businesses › Subchapter B. General Powers and Duties › Section 2161.063. Assisting State Agencies

Sec. 2161.063.  ASSISTING STATE AGENCIES.  (a)  The comptroller shall encourage state agencies to use historically underutilized businesses by:
(1)  working with state agencies to establish a statewide policy for increasing the use of historically underutilized businesses;
(2)  assisting state agencies in seeking historically underutilized businesses capable of supplying required goods or services;
(3)  assisting state agencies in identifying and advising historically underutilized businesses on the types of goods and services the agencies need; and
(4)  assisting state agencies in increasing the amount of business placed with historically underutilized businesses.
(b)  The comptroller shall assist the Texas Department of Economic Development in performing the department's duties under Section 481.0068.
Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 1999, 76th Leg., ch. 1499, Sec. 2.05, eff. Sept. 1, 1999.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1071 (H.B. 1524), Sec. 87, eff. September 1, 2019.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle D - State Purchasing and General Services › Chapter 2161 - Historically Underutilized Businesses › Subchapter B. General Powers and Duties › Section 2161.064. Directory

Sec. 2161.064.  DIRECTORY.  (a)  The comptroller shall compile, in the most cost-efficient form, a directory of businesses certified as historically underutilized businesses under Section 2161.061.
(b)  The comptroller at least semiannually shall update the directory and provide access to the directory electronically or in another form to each state agency.
(c)  Depending on the needs of a state agency, the comptroller shall provide access to the directory electronically or in another form.
(d)  The comptroller shall provide a copy of the directory to every municipality in January and July of each year.  On request, the comptroller shall make the directory available to other local governments and the public.
(e)  A state agency, including the comptroller, shall use the directory in determining awards of state purchasing and public works contracts.
Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 1999, 76th Leg., ch. 1499, Sec. 2.06, eff. Sept. 1, 1999.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1071 (H.B. 1524), Sec. 87, eff. September 1, 2019.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle D - State Purchasing and General Services › Chapter 2161 - Historically Underutilized Businesses › Subchapter B. General Powers and Duties › Section 2161.065. Mentor-Protege Program

Sec. 2161.065.  MENTOR-PROTEGE PROGRAM.  (a)  The comptroller shall design a mentor-protege program to foster long-term relationships between prime contractors and historically underutilized businesses and to increase the ability of historically underutilized businesses to contract with the state or to receive subcontracts under a state contract.  Each state agency with a biennial appropriation that exceeds $10 million shall implement the program designed by the comptroller.
(b)  Participation in the program must be voluntary for both the contractor and the historically underutilized business subcontractor.
Added by Acts 1999, 76th Leg., ch. 1499, Sec. 2.08, eff. Sept. 1, 1999.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1071 (H.B. 1524), Sec. 88, eff. September 1, 2019.