reglab/statecodes huggingface dataset:
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle D - State Purchasing and General Services › Chapter 2152 - Texas Facilities Commission › Subchapter B. Administrative Provisions › Section 2152.052. Appointments

Sec. 2152.052.  APPOINTMENTS.  (a)  Appointments to the commission shall be made without regard to the race, color, disability, sex, religion, age, or national origin of the appointees.
(b)  In making appointments under this section, the governor and lieutenant governor shall attempt to appoint women and members of different minority groups, including African Americans, Hispanic Americans, Native Americans, and Asian Americans.
Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 2001, 77th Leg., ch. 1422, Sec. 1.09, eff. Sept. 1, 2001.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle D - State Purchasing and General Services › Chapter 2152 - Texas Facilities Commission › Subchapter B. Administrative Provisions › Section 2152.053. Eligibility

Sec. 2152.053.  ELIGIBILITY.  An individual is not eligible for appointment to the commission if the individual or the individual's spouse:
(1)  is employed by or participates in the management of a business entity or other organization that contracts with the commission;
(2)  owns or controls, directly or indirectly, more than a 10 percent interest in a business entity or other organization that contracts with the state;  or
(3)  uses or receives a substantial amount of tangible goods, services, or money from the commission, other than compensation or reimbursement authorized by law for commission membership, attendance, or expenses.
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 2152 - Texas Facilities Commission › Subchapter B. Administrative Provisions › Section 2152.054. Conflicts of Interest

Sec. 2152.054.  CONFLICTS OF INTEREST.  (a)  An individual may not serve as a member of the commission or act as the general counsel to the commission if the individual is required to register as a lobbyist under Chapter 305 because of the individual's activities for compensation on behalf of a profession related to the operation of the commission or a business entity that contracts with the state.
(b)  An officer, employee, or paid consultant of a Texas trade association of business entities that contracts with the state may not:
(1)  serve as a commission member;  or
(2)  be employed as a commission employee in a "bona fide executive, administrative, or professional capacity," as that phrase is used for purposes of establishing an exemption to the overtime provisions of the federal Fair Labor Standards Act of 1938 (29 U.S.C. Section 201 et seq.) and its subsequent amendments.
(c)  An individual who is the spouse of an officer, manager, or paid consultant of a Texas trade association of business entities that contracts with the state may not:
(1)  serve as a commission member;  or
(2)  be employed as a commission employee in a "bona fide executive, administrative, or professional capacity," as that phrase is used for purposes of establishing an exemption to the overtime provisions of the federal Fair Labor Standards Act of 1938 (29 U.S.C. Section 201 et seq.) and its subsequent amendments.
(d)  For purposes of this section, a trade association is a nonprofit, cooperative, and voluntarily joined association of business or professional competitors designed to assist its members and its industry or profession in dealing with mutual business or professional problems and in promoting their common interest.
Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 2001, 77th Leg., ch. 1422, Sec. 1.10, eff. Sept. 1, 2001.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle D - State Purchasing and General Services › Chapter 2152 - Texas Facilities Commission › Subchapter B. Administrative Provisions › Section 2152.055. Information About Qualifications and Standards of Conduct

Sec. 2152.055.  INFORMATION ABOUT QUALIFICATIONS AND STANDARDS OF CONDUCT.  The commission shall provide its members and employees, as often as necessary, information regarding their:
(1)  qualifications for office or employment under this subtitle;  and
(2)  responsibilities under applicable laws relating to standards of conduct for state officers or employees.
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 2152 - Texas Facilities Commission › Subchapter B. Administrative Provisions › Section 2152.056. Removal of Commission Member

Sec. 2152.056.  REMOVAL OF COMMISSION MEMBER.  (a)  It is a ground for removal from the commission that a member:
(1)  violates a prohibition established by Section 2152.054;
(2)  cannot discharge because of illness or disability the member's duties for a substantial part of the term for which the member is appointed;  or
(3)  is absent from more than half of the regularly scheduled commission meetings that the member is eligible to attend during a calendar year unless the absence is excused by majority vote of the commission.
(b)  The validity of an action of the commission is not affected by the fact that it is taken when a ground for removal of a commission member exists.
(c)  If the executive director has knowledge that a potential ground for removal exists, the executive director shall notify the presiding officer of the commission of the potential ground.  The presiding officer shall then notify the governor and the attorney general that a potential ground for removal exists.  If the potential ground for removal involves the presiding officer, the executive director shall notify the next highest ranking officer of the commission, who shall then notify the governor and the attorney general that a potential ground for removal exists.
Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 2001, 77th Leg., ch. 1422, Sec. 1.11, eff. Sept. 1, 2001.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle D - State Purchasing and General Services › Chapter 2152 - Texas Facilities Commission › Subchapter B. Administrative Provisions › Section 2152.057. Terms

Sec. 2152.057.  TERMS.  Commission members serve staggered six-year terms with two or three members' terms expiring January 31 of each odd-numbered year.
Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 2001, 77th Leg., ch. 1422, Sec. 1.12, eff. Sept. 1, 2001.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle D - State Purchasing and General Services › Chapter 2152 - Texas Facilities Commission › Subchapter B. Administrative Provisions › Section 2152.058. Presiding Officer; Meetings

Sec. 2152.058.  PRESIDING OFFICER;  MEETINGS.  (a)  The governor annually shall appoint a presiding officer from among the commission members.
(b)  The commission shall meet at least quarterly. The commission may meet at other times at the call of the presiding officer or as provided by the commission's rules.
(c)  Four members of the commission constitute a quorum.
Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 2003, 78th Leg., ch. 309, Sec. 1.01, eff. June 18, 2003.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle D - State Purchasing and General Services › Chapter 2152 - Texas Facilities Commission › Subchapter B. Administrative Provisions › Section 2152.0581. Training for Commission Members

Sec. 2152.0581.  TRAINING FOR COMMISSION MEMBERS.  (a)  A person who is appointed to and qualifies for office as a member of the commission may not vote, deliberate, or be counted as a member in attendance at a meeting of the commission until the person completes a training program that complies with this section.
(b)  The training program must provide the person with information regarding:
(1)  the legislation that created the commission;
(2)  the programs operated by the commission;
(3)  the role and functions of the commission;
(4)  the rules of the commission, with an emphasis on the rules that relate to disciplinary and investigatory authority;
(5)  the current budget for the commission;
(6)  the results of the most recent formal audit of the commission;
(7)  the requirements of:
(A)  the open meetings law, Chapter 551;
(B)  the public information law, Chapter 552;
(C)  the administrative procedure law, Chapter 2001;  and
(D)  other laws relating to public officials, including conflict-of-interest laws;  and
(8)  any applicable ethics policies adopted by the commission or the Texas Ethics Commission.
(c)  A person appointed to the commission is entitled to reimbursement, as provided by the General Appropriations Act, for the travel expenses incurred in attending the training program regardless of whether the attendance at the program occurs before or after the person qualifies for office.
Added by Acts 2001, 77th Leg., ch. 1422, Sec. 1.13, eff. Jan. 31, 2003.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle D - State Purchasing and General Services › Chapter 2152 - Texas Facilities Commission › Subchapter B. Administrative Provisions › Section 2152.059. Reimbursement for Expenses

Sec. 2152.059.  REIMBURSEMENT FOR EXPENSES.  A commission member is not entitled to compensation but is entitled to reimbursement for actual and necessary expenses incurred in performing functions as a commission member.
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 2152 - Texas Facilities Commission › Subchapter B. Administrative Provisions › Section 2152.060. Public Interest Information and Complaints

Sec. 2152.060.  PUBLIC INTEREST INFORMATION AND COMPLAINTS.  (a)  The commission shall prepare information of public interest describing the commission's functions and the procedures by which complaints are filed with and resolved by the commission.  The commission by rule shall establish methods by which consumers, service recipients, and persons contracting with the state under this subtitle are notified of the commission's name, mailing address, and telephone number for directing complaints to the commission.  The commission shall make the information available to the public and appropriate state agencies.
(b)  The commission shall maintain a file on each written complaint filed with the commission. The file must include:
(1)  the name of the person who filed the complaint;
(2)  the date the complaint is received by the commission;
(3)  the subject matter of the complaint;
(4)  the name of each person contacted in relation to the complaint;
(5)  a summary of the results of the review or investigation of the complaint;  and
(6)  an explanation of the reason the file was closed, if the commission closed the file without taking action other than to investigate the complaint.
(c)  If a written complaint is filed with the commission that the commission has authority to resolve, the commission, at least quarterly and until final disposition of the complaint, shall notify the parties to the complaint of the complaint's status unless the notice would jeopardize an undercover investigation.
(d)  The commission shall provide to the person filing the complaint and to each person who is a subject of the complaint a copy of the commission's policies and procedures relating to complaint investigation and resolution.
Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 2001, 77th Leg., ch. 1422, Sec. 1.14, eff. Sept. 1, 2001.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle D - State Purchasing and General Services › Chapter 2152 - Texas Facilities Commission › Subchapter B. Administrative Provisions › Section 2152.061. Public Access

Sec. 2152.061.  PUBLIC ACCESS.  (a)  The commission shall prepare and maintain a written plan that describes how an individual who does not speak English can be provided reasonable access to the commission's programs.
(b)  The commission shall develop and implement policies that provide the public with a reasonable opportunity to appear before the commission and to speak on any issue under the commission's jurisdiction.
(c)  The commission shall comply with federal and state laws for program and facility accessibility.
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 2152 - Texas Facilities Commission › Subchapter B. Administrative Provisions › Section 2152.064. Conflicts of Interest in Certain Transactions

Sec. 2152.064.  CONFLICTS OF INTEREST IN CERTAIN TRANSACTIONS.  (a)  A commission member, employee, or appointee may not:
(1)  have an interest in, or in any manner be connected with:
(A)  a contract or bid for a purchase of goods or services, including professional or consulting services, by the commission or another agency of the state in connection with the commission's duties concerning:
(i)  charge and control of state buildings, grounds, or property;
(ii)  maintenance or repair of state buildings, grounds, or property;
(iii)  construction of a state building; or
(iv)  purchase or lease of state buildings, grounds, or property by or for the state; or
(B)  a recipient of state surplus or salvage property under the control of the commission; or
(2)  in any manner, including by rebate or gift, accept or receive, directly or indirectly, from a recipient of state surplus or salvage  property or a person to whom a contract described by Subdivision (1) may be awarded, anything of value or a promise, obligation, or contract for future reward or compensation.
(b)  A commission member, employee, or appointee who violates Subsection (a)(2) is subject to dismissal.
(c)  In consultation with the commission, the Texas Ethics Commission shall adopt rules to implement this section.
(d)  The Texas Ethics Commission shall administer and enforce this section and may prepare written opinions regarding this section in accordance with Subchapter D, Chapter 571.
Added by Acts 2007, 80th Leg., R.S., Ch. 937 (H.B. 3560), Sec. 3.10, eff. September 1, 2007.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle D - State Purchasing and General Services › Chapter 2152 - Texas Facilities Commission › Subchapter B. Administrative Provisions › Section 2152.065. Representation on Board or Committee

Sec. 2152.065.  REPRESENTATION ON BOARD OR COMMITTEE.  If the commission must be represented on a board or committee, the executive director or the executive director's designee shall serve as the commission's representative on the board or committee unless the presiding officer of the commission elects to personally serve as the commission's representative or appoints a specific person to serve as the commission's representative on the board or committee.
Added by Acts 2003, 78th Leg., ch. 309, Sec. 1.02, eff. June 18, 2003.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle D - State Purchasing and General Services › Chapter 2152 - Texas Facilities Commission › Subchapter B. Administrative Provisions › Section 2152.066. Negotiated Rulemaking and Alternative Dispute Resolution Policy

Sec. 2152.066.  NEGOTIATED RULEMAKING AND ALTERNATIVE DISPUTE RESOLUTION POLICY.  (a)  The commission shall develop and implement a policy to encourage the use of:
(1)  negotiated rulemaking procedures under Chapter 2008 for the adoption of commission rules; and
(2)  appropriate alternative dispute resolution procedures under Chapter 2009 to assist in the resolution of internal and external disputes under the commission's jurisdiction.
(b)  The commission's procedures relating to alternative dispute resolution must conform, to the extent possible, to any model guidelines issued by the State Office of Administrative Hearings for the use of alternative dispute resolution by state agencies.
(c)  The commission shall:
(1)  coordinate the implementation of the policy adopted under Subsection (a);
(2)  provide training as needed to implement the procedures for negotiated rulemaking or alternative dispute resolution; and
(3)  collect data concerning the effectiveness of those procedures.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1153 (S.B. 211), Sec. 6, eff. June 14, 2013.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle D - State Purchasing and General Services › Chapter 2152 - Texas Facilities Commission › Subchapter C. Personnel › Section 2152.101. Executive Director

Sec. 2152.101.  EXECUTIVE DIRECTOR.  (a)  The commission shall employ an executive director who has demonstrated executive and organizational ability.
(b)  The executive director serves at the commission's pleasure.
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 2152 - Texas Facilities Commission › Subchapter C. Personnel › Section 2152.103. General Powers and Duties of Executive Director

Sec. 2152.103.  GENERAL POWERS AND DUTIES OF EXECUTIVE DIRECTOR.  (a)  The executive director shall manage the commission's affairs under the commission's direction.
(b)  The commission's directions to the executive director shall be:
(1)  made only at an open meeting of the commission;  and
(2)  included in the commission's minutes for the meeting.
(c)  The executive director may employ staff necessary to administer the commission's functions.
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 2152 - Texas Facilities Commission › Subchapter C. Personnel › Section 2152.104. Associate Deputy Directors; Divisions; Division Directors

Sec. 2152.104.  ASSOCIATE DEPUTY DIRECTORS;  DIVISIONS;  DIVISION DIRECTORS.  (a)  The commission shall have an appropriate number of associate deputy directors.
(b)  Each division shall be managed by a division director who shall report to the associate deputy director who administers the division.
(c)  Repealed by Acts 2007, 80th Leg., R.S., Ch. 937, Sec. 1.117(4), eff. September 1, 2007.
(d)  In accordance with this subchapter, the executive director shall appoint a director of facilities construction and space management, who shall:
(1)  be a registered architect or registered professional engineer;  and
(2)  have proven administrative ability and experience in the fields of building design and construction.
(e)  The commission shall provide professional service staff and the expertise of financial, technical, and other necessary advisors and consultants, authorized under Section 2267.053(d), to support the Partnership Advisory Commission in its review and evaluation of qualifying project proposals.
Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 1997, 75th Leg., ch. 127, Sec. 1, eff. May 19, 1997;  Acts 2003, 78th Leg., ch. 309, Sec. 1.03, eff. June 18, 2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 937 (H.B. 3560), Sec. 1.117(4), eff. September 1, 2007.
Acts 2013, 83rd Leg., R.S., Ch. 1153 (S.B. 211), Sec. 7, eff. June 14, 2013.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle D - State Purchasing and General Services › Chapter 2152 - Texas Facilities Commission › Subchapter C. Personnel › Section 2152.105. Responsibilities of Commission and Commission Staff

Sec. 2152.105.  RESPONSIBILITIES OF COMMISSION AND COMMISSION STAFF.  The commission shall develop and implement policies that clearly define the responsibilities of the commission and the commission's staff.
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 2152 - Texas Facilities Commission › Subchapter C. Personnel › Section 2152.106. Prohibition of Grant of Authority by Power of Attorney

Sec. 2152.106.  PROHIBITION OF GRANT OF AUTHORITY BY POWER OF ATTORNEY.  A commission member may not by power of attorney grant authority to the executive director or another commission employee.
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 2152 - Texas Facilities Commission › Subchapter C. Personnel › Section 2152.107. Merit Pay

Sec. 2152.107.  MERIT PAY.  (a)  The executive director or the executive director's designated representative shall develop a system of annual performance evaluations.
(b)  Merit pay for commission employees must be based on the system established under this section.
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 2152 - Texas Facilities Commission › Subchapter C. Personnel › Section 2152.108. Career Ladder

Sec. 2152.108.  CAREER LADDER.  The executive director or the executive director's designated representative shall develop an intra-agency career ladder program.  The program must require intra-agency posting of all non-entry-level positions concurrently with any public posting.
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 2152 - Texas Facilities Commission › Subchapter C. Personnel › Section 2152.109. Equal Employment Opportunity Policy

Sec. 2152.109.  EQUAL EMPLOYMENT OPPORTUNITY POLICY.  (a)  The executive director or the executive director's designated representative shall prepare and maintain a written policy statement to assure implementation of a program of equal employment opportunity under which all personnel transactions are made without regard to race, color, disability, sex, religion, age, or national origin.  The policy statement must include:
(1)  personnel policies, including policies relating to recruitment, evaluation, selection, appointment, training, and promotion of personnel, that comply with Chapter 21, Labor Code;
(2)  a comprehensive analysis of the commission's workforce that meets federal and state guidelines;
(3)  procedures by which a determination can be made of significant underuse in the commission's workforce of all individuals for whom federal or state guidelines encourage a more equitable balance;  and
(4)  reasonable methods to appropriately address areas of significant underuse.
(b)  A policy statement prepared under Subsection (a) must:
(1)  cover an annual period;
(2)  be updated at least annually;
(3)  be reviewed annually by the Commission on Human Rights for compliance with Subsection (a)(1);  and
(4)  be filed with the governor's office.
(c)  The governor's office shall deliver a biennial report to the legislature based on the information received under Subsection (b).  The report may be made separately or as a part of other biennial reports made to the legislature.
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 2152 - Texas Facilities Commission › Subchapter C. Personnel › Section 2152.110. Center for Alternative Finance and Procurement

Sec. 2152.110.  CENTER FOR ALTERNATIVE FINANCE AND PROCUREMENT.  The commission shall establish the center for alternative finance and procurement to consult with governmental entities regarding best practices for procurement and the financing of qualifying projects and to assist governmental entities in the receipt of proposals, negotiation of interim and comprehensive agreements, and management of qualifying projects under Chapters 2267 and 2268.
Added by Acts 2015, 84th Leg., R.S., Ch. 1075 (H.B. 2475), Sec. 1, eff. September 1, 2015.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle D - State Purchasing and General Services › Chapter 2155 - Purchasing: General Rules and Procedures › Subchapter A. General Provisions › Section 2155.001. Definitions

Sec. 2155.001.  DEFINITIONS.  Except as otherwise provided by this chapter and Chapters 2156, 2157, and 2158:
(1)  "Goods" means supplies, materials, or equipment.
(2)  "Service" means the furnishing of skilled or unskilled labor or professional work, but does not include a:
(A)  professional service subject to Subchapter A, Chapter 2254;
(B)  service of a state agency employee;
(C)  consulting service or service of a consultant as defined by Subchapter B, Chapter 2254;  or
(D)  service of a public utility.
Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 1997, 75th Leg., ch. 1035, Sec. 61, eff. June 19, 1997.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle D - State Purchasing and General Services › Chapter 2155 - Purchasing: General Rules and Procedures › Subchapter A. General Provisions › Section 2155.0011. Comptroller Powers and Duties

Sec. 2155.0011.  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. 1.06, eff. September 1, 2007.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1071 (H.B. 1524), Sec. 7, eff. September 1, 2019.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle D - State Purchasing and General Services › Chapter 2155 - Purchasing: General Rules and Procedures › Subchapter A. General Provisions › Section 2155.0012. Authority to Adopt Rules

Sec. 2155.0012.  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. 1.06, eff. September 1, 2007.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle D - State Purchasing and General Services › Chapter 2155 - Purchasing: General Rules and Procedures › Subchapter A. General Provisions › Section 2155.002. Focus on Large Expenditures

Sec. 2155.002.  FOCUS ON LARGE EXPENDITURES.  To the extent possible, the comptroller shall focus its efforts under this chapter and Chapters 2156, 2157, and 2158 on purchases and contracts that involve relatively large amounts of money.
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. 7, eff. September 1, 2019.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle D - State Purchasing and General Services › Chapter 2155 - Purchasing: General Rules and Procedures › Subchapter A. General Provisions › Section 2155.003. Conflict of Interest

Sec. 2155.003.  CONFLICT OF INTEREST.  (a)  The chief clerk or any other employee of the comptroller may not:
(1)  have an interest in, or in any manner be connected with, a contract or bid for a purchase of goods or services by an agency of the state; or
(2)  in any manner, including by rebate or gift, accept or receive from a person to whom a contract may be awarded, directly or indirectly, anything of value or a promise, obligation, or contract for future reward or compensation.
(b)  The chief clerk or any other employee of the comptroller who violates Subsection (a)(2) is subject to dismissal.
(c)  In consultation with the comptroller, the Texas Ethics Commission shall adopt rules to implement this section.
(d)  The Texas Ethics Commission shall administer and enforce this section and may prepare written opinions regarding this section in accordance with Subchapter D, Chapter 571.
(e)  The comptroller must report to the Texas Ethics Commission a campaign contribution from a vendor that bids on or receives a contract under the comptroller's purchasing authority.
Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1, 1995.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 937 (H.B. 3560), Sec. 1.07, eff. September 1, 2007.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle D - State Purchasing and General Services › Chapter 2155 - Purchasing: General Rules and Procedures › Subchapter A. General Provisions › Section 2155.004. Certain Bids and Contracts Prohibited

Sec. 2155.004.  CERTAIN BIDS AND CONTRACTS PROHIBITED.  (a)  A state agency may not accept a bid or award a contract that includes proposed financial participation by a person who received compensation from the agency to participate in preparing the specifications or request for proposals on which the bid or contract is based.
(b)  A bid or award subject to the requirements of this section must include the following statement:
"Under Section 2155.004, Government Code, the vendor certifies that the individual or business entity named in this bid or contract is not ineligible to receive the specified contract and acknowledges that this contract may be terminated and payment withheld if this certification is inaccurate."
(c)  If a state agency determines that an individual or business entity holding a state contract was ineligible to have the contract accepted or awarded under Subsection (a), the state agency may immediately terminate the contract without further obligation to the vendor.
(d)  This section does not create a cause of action to contest a bid or award of a state contract.
(e)  This section does not prohibit a bidder or contract participant from providing free technical assistance to a state agency.
Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 1997, 75th Leg., ch. 1040, Sec. 62, eff. Sept. 1, 1997;  Acts 2001, 77th Leg., ch. 1158, Sec. 56, eff. June 15, 2001.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle D - State Purchasing and General Services › Chapter 2155 - Purchasing: General Rules and Procedures › Subchapter A. General Provisions › Section 2155.005. Compliance With Antitrust Laws

Sec. 2155.005.  COMPLIANCE WITH ANTITRUST LAWS.  (a)  A bidder offering to sell goods or services to the state shall certify on each bid submitted that neither the bidder, nor the person represented by the bidder, nor any person acting for the represented person has:
(1)  violated the antitrust laws codified by Chapter 15, Business & Commerce Code, or the federal antitrust laws;  or
(2)  directly or indirectly communicated the bid to a competitor or other person engaged in the same line of business.
(b)  The attorney general shall prepare the certification statement.  The statement shall be made a part of the bid form.
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 2155 - Purchasing: General Rules and Procedures › Subchapter A. General Provisions › Section 2155.006. Prohibition on Certain Bids and Contracts

Sec. 2155.006.  PROHIBITION ON CERTAIN BIDS AND CONTRACTS.  (a)  In this section:
(1)  "Disaster" has the meaning assigned by Section 418.004.
(2)  "Hurricane Katrina" means the hurricane of that name that struck the gulf coast region of the United States in August 2005.
(b)  A state agency may not accept a bid or award a contract, including a contract for which purchasing authority is delegated to a state agency, that includes proposed financial participation by a person who, during the five-year period preceding the date of the bid or award, has been:
(1)  convicted of violating a federal law in connection with a contract awarded by the federal government for relief, recovery, or reconstruction efforts as a result of Hurricane Rita, as defined by Section 39.459, Utilities Code, Hurricane Katrina, or any other disaster occurring after September 24, 2005; or
(2)  assessed a penalty in a federal civil or administrative enforcement action in connection with a contract awarded by the federal government for relief, recovery, or reconstruction efforts as a result of Hurricane Rita, as defined by Section 39.459, Utilities Code, Hurricane Katrina, or any other disaster occurring after September 24, 2005.
(c)  A bid or award subject to the requirements of this section must include the following statement:
"Under Section 2155.006, Government Code, the vendor certifies that the individual or business entity named in this bid or contract is not ineligible to receive the specified contract and acknowledges that this contract may be terminated and payment withheld if this certification is inaccurate."
(d)  If a state agency determines that an individual or business entity holding a state contract was ineligible to have the bid accepted or contract awarded under Subsection (b), the state agency may immediately terminate the contract without further obligation to the vendor.
(e)  This section does not create a cause of action to contest a bid or award of a state contract.
Added by Acts 2007, 80th Leg., R.S., Ch. 1302 (S.B. 608), Sec. 1, eff. September 1, 2007.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle D - State Purchasing and General Services › Chapter 2155 - Purchasing: General Rules and Procedures › Subchapter A. General Provisions › Section 2155.0061. Prohibition on Certain Bids and Contracts Related to Persons Involved in Human Trafficking

Sec. 2155.0061.  PROHIBITION ON CERTAIN BIDS AND CONTRACTS RELATED TO PERSONS INVOLVED IN HUMAN TRAFFICKING.  (a)  A state agency may not accept a bid or award a contract, including a contract for which purchasing authority is delegated to a state agency, that includes proposed financial participation by a person who, during the five-year period preceding the date of the bid or award, has been convicted of any offense related to the direct support or promotion of human trafficking.
(b)  A bid or award subject to the requirements of this section must include the following statement:
"Under Section 2155.0061, Government Code, the vendor certifies that the individual or business entity named in this bid or contract is not ineligible to receive the specified contract and acknowledges that this contract may be terminated and payment withheld if this certification is inaccurate."
(c)  If a state agency determines that an individual or business entity holding a state contract was ineligible to have the bid accepted or contract awarded under this section, the state agency may immediately terminate the contract without further obligation to the vendor.
(d)  This section does not create a cause of action to contest a bid or award of a state contract.
Added by Acts 2019, 86th Leg., R.S., Ch. 413 (S.B. 20), Sec. 6.01, eff. September 1, 2019.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle D - State Purchasing and General Services › Chapter 2155 - Purchasing: General Rules and Procedures › Subchapter A. General Provisions › Section 2155.007. Procurement Coordination Committee

Sec. 2155.007.  PROCUREMENT COORDINATION COMMITTEE.  (a)  In this section, "department" means the Department of Information Resources.
(b)  The department and the comptroller shall establish a committee composed of essential personnel of the department and the comptroller to:
(1)  identify:
(A)  areas of overlap in the procurement functions of the department and the comptroller and methods to avoid duplication of services;
(B)  mutually beneficial contracting and procurement methodologies, data collection and management techniques, and customer relations management;
(C)  opportunities for collaboration on procurement functions that would benefit the state or other customers; and
(D)  opportunities for consolidation of administrative or other functions to improve customer service and reduce operating costs; and
(2)  develop:
(A)  a standardized method for the department and the comptroller to:
(i)  collect and analyze spending data relating to procurement contracts; and
(ii)  benchmark and quantitatively measure cost savings and increased administrative efficiency resulting from collaboration and cooperative purchasing; and
(B)  strategies that encourage coordination between the department and the comptroller relating to procurement functions.
(c)  The committee may appoint advisory members as appropriate to assist the committee.
Added by Acts 2013, 83rd Leg., R.S., Ch. 48 (H.B. 2472), Sec. 16, eff. September 1, 2013.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle D - State Purchasing and General Services › Chapter 2155 - Purchasing: General Rules and Procedures › Subchapter B. General Purchasing Requirements, Procedures, and Programs › Section 2155.061. Comptroller Purchasing System

Sec. 2155.061.  COMPTROLLER PURCHASING SYSTEM.  (a)  The comptroller shall acquire by purchase, lease, rental, or another manner all goods and services for a state agency, including a purchase that does not require a competitive bid or a spot purchase.
(b)  The comptroller shall operate an effective and economical system for purchasing goods and services.
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. 8, eff. September 1, 2019.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle D - State Purchasing and General Services › Chapter 2155 - Purchasing: General Rules and Procedures › Subchapter B. General Purchasing Requirements, Procedures, and Programs › Section 2155.062. Purchase Methods

Sec. 2155.062.  PURCHASE METHODS.  (a)  In purchasing goods and services the comptroller may use, but is not limited to, the:
(1)  contract purchase procedure;
(2)  multiple award contract procedure, including under any schedules developed under Subchapter I;
(3)  open market purchase procedure; or
(4)  reverse auction procedure.
(b)  Chapter 2156 provides additional information on purchase methods.
(c)  Chapter 2157 provides additional information on purchase of automated information systems.
(d)  In this subchapter, "reverse auction procedure" means:
(1)  a real-time bidding process usually lasting less than one hour and taking place at a previously scheduled time and Internet location, in which multiple suppliers, anonymous to each other, submit bids to provide the designated goods or services; or
(2)  a bidding process usually lasting less than two weeks and taking place during a previously scheduled period and at a previously scheduled Internet location, in which multiple suppliers, anonymous to each other, submit bids to provide the designated goods or services.
Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 2001, 77th Leg., ch. 436, Sec. 1, eff. May 28, 2001;  Acts 2001, 77th Leg., ch. 1422, Sec. 7.01, eff. Sept. 1, 2001.
Amended by:
Acts 2005, 79th Leg., Ch. 1013 (H.B. 908), Sec. 1, eff. September 1, 2005.
Acts 2019, 86th Leg., R.S., Ch. 1071 (H.B. 1524), Sec. 9, eff. September 1, 2019.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle D - State Purchasing and General Services › Chapter 2155 - Purchasing: General Rules and Procedures › Subchapter B. General Purchasing Requirements, Procedures, and Programs › Section 2155.063. Competitive Bidding Requirement

Sec. 2155.063.  COMPETITIVE BIDDING REQUIREMENT.  Except as otherwise provided by this subtitle, a purchase of or contract for goods or services shall, whenever possible, be accomplished through competitive bidding.
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 2155 - Purchasing: General Rules and Procedures › Subchapter B. General Purchasing Requirements, Procedures, and Programs › Section 2155.064. Schedule and Bulk Purchasing

Sec. 2155.064.  SCHEDULE AND BULK PURCHASING.  The comptroller may combine orders in a system of schedule purchasing and shall attempt to benefit from bulk purchasing.
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. 10, eff. September 1, 2019.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle D - State Purchasing and General Services › Chapter 2155 - Purchasing: General Rules and Procedures › Subchapter B. General Purchasing Requirements, Procedures, and Programs › Section 2155.065. Contracts With Department of Criminal Justice

Sec. 2155.065.  CONTRACTS WITH DEPARTMENT OF CRIMINAL JUSTICE.  (a)  The comptroller is authorized to make contracts with the Texas Department of Criminal Justice for the purchase of goods and services for use by another state agency.
(b)  The Texas Department of Criminal Justice shall test goods and services it sells under this section before delivery to the extent necessary to ensure quality.  The department may enter into a contract with a private or public entity to assist with testing.
(c)  The comptroller shall make awards under this section based on proposed goods and services meeting formal state specifications developed by the comptroller or meeting commercial specifications approved by the comptroller.
Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 1997, 75th Leg., ch. 1206, Sec. 2, eff. Sept. 1, 1997.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1071 (H.B. 1524), Sec. 11, eff. September 1, 2019.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle D - State Purchasing and General Services › Chapter 2155 - Purchasing: General Rules and Procedures › Subchapter B. General Purchasing Requirements, Procedures, and Programs › Section 2155.066. Review of Specifications

Sec. 2155.066.  REVIEW OF SPECIFICATIONS.  The comptroller shall review the specifications and purchase conditions of goods or services considered for purchase.
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. 12, eff. September 1, 2019.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle D - State Purchasing and General Services › Chapter 2155 - Purchasing: General Rules and Procedures › Subchapter B. General Purchasing Requirements, Procedures, and Programs › Section 2155.067. Proprietary Purchases

Sec. 2155.067.  PROPRIETARY PURCHASES.  (a)  If, after review under Section 2155.066, the comptroller finds that specifications and conditions of a purchase request describe a product that is proprietary to one vendor and do not permit an equivalent product to be supplied, the comptroller shall require the requesting state agency to justify in writing the specifications or conditions.
(b)  The agency head or the presiding officer of the agency's governing body must sign the written justification.
(c)  The written justification must:
(1)  explain the need for the specifications;
(2)  state the reason competing products are not satisfactory; and
(3)  provide other information requested by the comptroller.
(d)  If the comptroller requires a resubmission with written justification, the comptroller shall notify the requesting state agency of the requirement not later than the 10th day after the date of receiving the purchase request.
(e)  Repealed by Acts 1997, 75th Leg., ch. 1206, Sec. 29, eff. Sept. 1, 1997.
(f)  The comptroller shall issue an invitation to bid to vendors not later than the 20th day after the date of receiving the required written justification.
(g)  Repealed by Acts 2003, 78th Leg., ch. 785, Sec. 75(2).
Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 1997, 75th Leg., ch. 1206, Sec. 29, eff. Sept. 1, 1997;  Acts 2001, 77th Leg., ch. 118, Sec. 1.04, eff. Sept. 1, 2001;  Acts 2003, 78th Leg., ch. 785, Sec. 75(2), eff. Sept. 1, 2003.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1071 (H.B. 1524), Sec. 13, eff. September 1, 2019.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle D - State Purchasing and General Services › Chapter 2155 - Purchasing: General Rules and Procedures › Subchapter B. General Purchasing Requirements, Procedures, and Programs › Section 2155.068. Uniform Standards and Specifications

Sec. 2155.068.  UNIFORM STANDARDS AND SPECIFICATIONS.  (a)  The comptroller may coordinate uniform standards and specifications for goods purchased by the comptroller.  The comptroller by rule may adopt appropriate standards developed by a nationally recognized standards-making association as part of its specifications and standards program.
(b)  The comptroller shall enlist the cooperation of other state agencies in the establishment, maintenance, and revision of uniform standards and specifications.
(c)  The comptroller shall review contracts administered by the comptroller to ensure that all goods and services meet contract specifications.
(d)  As part of the standards and specifications program, the comptroller shall:
(1)  review contracts for opportunities to recycle waste produced at state buildings;
(2)  develop and update a list of equipment and appliances that meet the energy efficiency standards provided by Section 2158.301; and
(3)  assist state agencies in selecting products under Section 2158.301, as appropriate.
Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 1997, 75th Leg., ch. 1206, Sec. 3, eff. Sept. 1, 1997.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 262 (S.B. 12), Sec. 3.04, eff. June 8, 2007.
Acts 2007, 80th Leg., R.S., Ch. 939 (H.B. 3693), Sec. 4, eff. September 1, 2007.
Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 11.022, eff. September 1, 2009.
Acts 2019, 86th Leg., R.S., Ch. 1071 (H.B. 1524), Sec. 14, eff. September 1, 2019.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle D - State Purchasing and General Services › Chapter 2155 - Purchasing: General Rules and Procedures › Subchapter B. General Purchasing Requirements, Procedures, and Programs › Section 2155.069. Testing and Inspection

Sec. 2155.069.  TESTING AND INSPECTION.  (a)  The comptroller may test and inspect goods and services purchased under a contract administered by the comptroller to ensure compliance with specifications.
(b)  The comptroller may contract for testing under this section.
(c)  The comptroller may, on request, test and inspect goods and services purchased by other state governmental entities on a cost recovery basis.
(d)  The comptroller may also test and inspect goods and services before they are purchased.  Other state agencies may test and inspect goods and services before purchase under standard industry testing methods, or they may contract for testing.  The comptroller may inform agencies about available private testing facilities.
Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 1997, 75th Leg., ch. 1206, Sec. 4, eff. Sept. 1, 1997.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1071 (H.B. 1524), Sec. 14, eff. September 1, 2019.