reglab/statecodes huggingface dataset:
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle D - State Purchasing and General Services › Chapter 2155 - Purchasing: General Rules and Procedures › Subchapter D. Extension of Comptroller Purchasing Services to Other Entities › Section 2155.202. Community Centers; Assistance Organizations; Child-Care Providers

Sec. 2155.202.  COMMUNITY CENTERS; ASSISTANCE ORGANIZATIONS; CHILD-CARE PROVIDERS.  The following entities may purchase goods and services through the comptroller:
(1)  a community center for mental health services or intellectual disability services that receives state grants-in-aid under Subchapter B, Chapter 534, Health and Safety Code;
(2)  an assistance organization as defined by Section 2175.001 that receives state funds; and
(3)  a child-care provider that meets Texas Rising Star Program certification criteria.
Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1, 1995.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 382 (S.B. 400), Sec. 1, eff. September 1, 2011.
Acts 2013, 83rd Leg., R.S., Ch. 241 (H.B. 376), Sec. 2, eff. September 1, 2013.
Acts 2023, 88th Leg., R.S., Ch. 30 (H.B. 446), Sec. 5.25, eff. September 1, 2023.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle D - State Purchasing and General Services › Chapter 2155 - Purchasing: General Rules and Procedures › Subchapter D. Extension of Comptroller Purchasing Services to Other Entities › Section 2155.203. Purchases by Legislature and Legislative Agencies

Sec. 2155.203.  PURCHASES BY LEGISLATURE AND LEGISLATIVE AGENCIES.  A house of the legislature, or an agency, council, or committee of the legislature, including the Legislative Budget Board, the Texas Legislative Council, the state auditor's office, and the Legislative Reference Library, may use the comptroller's purchasing services for purchasing goods and services, including items covered by Section 21, Article XVI, Texas Constitution.
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. 38, 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 D. Extension of Comptroller Purchasing Services to Other Entities › Section 2155.204. Local Government Purchasing Program

Sec. 2155.204.  LOCAL GOVERNMENT PURCHASING PROGRAM.  The comptroller's provision of purchasing services for local governments is governed by Subchapter D, Chapter 271, Local Government Code.
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. 38, 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 D. Extension of Comptroller Purchasing Services to Other Entities › Section 2155.205. Interstate Purchasing

Sec. 2155.205.  INTERSTATE PURCHASING.  (a)  Subject to Section 2156.181 or other law, the comptroller may enter into agreements to authorize state agencies and political subdivisions of other states to purchase goods or services through comptroller contracts.
(b)  The comptroller may charge a reasonable administrative fee to state agencies and political subdivisions of other states that purchase a good or service under this section.
Added by Acts 2017, 85th Leg., R.S., Ch. 556 (S.B. 533), Sec. 7, eff. September 1, 2017.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle D - State Purchasing and General Services › Chapter 2155 - Purchasing: General Rules and Procedures › Subchapter E. Master Bidders List › Section 2155.261. Applicability

Sec. 2155.261.  APPLICABILITY.  This subchapter:
(1)  applies to a purchase or other acquisition under this chapter or Chapters 2156, 2157, and 2158 for which competitive bidding or competitive sealed proposals are required;
(2)  applies to a state agency that makes a purchase or other acquisition under this chapter or Chapters 2156, 2157, and 2158, including the comptroller and an agency that makes an acquisition under Section 2155.131; and
(3)  does not apply to a purchase or other acquisition made by the comptroller under Subchapter A, Chapter 2156.
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. 39, 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 E. Master Bidders List › Section 2155.262. Uniform Registration Form

Sec. 2155.262.  UNIFORM REGISTRATION FORM.  (a)  The comptroller shall develop a uniform registration form for applying to do business with the comptroller or with another state agency.
(b)  The comptroller and each state agency shall make the form available to an applicant.
(c)  The form must include an application for:
(1)  certification as a historically underutilized business;
(2)  a payee identification number for use by the comptroller; and
(3)  placement on the comptroller's master bidders list.
(d)  A state agency shall submit to the comptroller each uniform registration form that it receives.
Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 1999, 76th Leg., ch. 426, Sec. 2, eff. June 18, 1999.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1071 (H.B. 1524), Sec. 39, 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 E. Master Bidders List › Section 2155.263. Centralized Master Bidders List

Sec. 2155.263.  CENTRALIZED MASTER BIDDERS LIST.  (a)  The comptroller shall maintain a centralized master bidders list and register on the list the name and address of each vendor that applies for registration under rules adopted under this subchapter.  The comptroller may include other relevant vendor information on the list.
(b)  The comptroller shall maintain the centralized master bidders list in a manner that facilitates a state agency's solicitation of vendors that serve the agency's geographic area.
(c)  The centralized master bidders list shall be used for all available procurement processes authorized by this subtitle and shall also be used to the fullest extent possible by state agencies that make purchases exempt from the comptroller's purchasing authority.
Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 1997, 75th Leg., ch. 1206, Sec. 10, eff. Sept. 1, 1997;  Acts 1999, 76th Leg., ch. 426, Sec. 3, eff. June 18, 1999.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1071 (H.B. 1524), Sec. 39, 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 E. Master Bidders List › Section 2155.264. Agency Solicitation of Bids or Proposals for Acquisition Over $25,000

Sec. 2155.264.  AGENCY SOLICITATION OF BIDS OR PROPOSALS FOR ACQUISITION OVER $25,000.  A state agency that proposes to make a purchase or other acquisition that will cost more than $25,000 shall solicit bids or proposals from each eligible vendor on the master bidders list that serves the agency's geographic region.  A state agency may also solicit bids or proposals through the use of on-line electronic transmission.
Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 1997, 75th Leg., ch. 494, Sec. 2, eff. Sept. 1, 1997.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 393 (H.B. 1705), Sec. 3.02, eff. September 1, 2009.
Acts 2021, 87th Leg., R.S., Ch. 855 (S.B. 799), Sec. 10, eff. September 1, 2021.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle D - State Purchasing and General Services › Chapter 2155 - Purchasing: General Rules and Procedures › Subchapter E. Master Bidders List › Section 2155.265. Access to Master Bidders List

Sec. 2155.265.  ACCESS TO MASTER BIDDERS LIST.  (a)  The comptroller shall make the master bidders list available to each state agency that makes a purchase or other acquisition to which this subchapter applies.
(b)  The comptroller shall make the list available either electronically or in another form, depending on each state agency's needs.
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. 39, 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 E. Master Bidders List › Section 2155.266. Registration and Renewal Fee

Sec. 2155.266.  REGISTRATION AND RENEWAL FEE.  (a)  The comptroller may charge a person applying for registration on the master bidders list a registration fee and may charge a registrant a biennial renewal fee in an amount designed to recover the comptroller's costs in:
(1)  making and maintaining the master bidders list; and
(2)  soliciting bids or proposals under this subchapter.
(b)  In addition to the fee provided by Subsection (a), the comptroller shall also collect $20 from each registrant to be used for the purpose of enforcing compliance with requirements of state purchasing statutes and the prevention of fraud in the historically underutilized businesses program as set forth in Chapter 2161.
Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 1999, 76th Leg., ch. 426, Sec. 4, eff. June 18, 1999.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 855 (S.B. 2381), Sec. 1, eff. June 19, 2009.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle D - State Purchasing and General Services › Chapter 2155 - Purchasing: General Rules and Procedures › Subchapter E. Master Bidders List › Section 2155.267. Rules and Procedures Regarding Master Bidders List

Sec. 2155.267.  RULES AND PROCEDURES REGARDING MASTER BIDDERS LIST.  (a)  The comptroller shall adopt procedures for:
(1)  making and maintaining the master bidders list; and
(2)  removing an inactive vendor from the list.
(b)  The comptroller shall establish by rule a vendor classification process under which only a vendor able to make a bid or proposal on a particular purchase or other acquisition may be solicited under this subchapter.
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. 39, 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 E. Master Bidders List › Section 2155.268. Use of State Agency Bidders List

Sec. 2155.268.  USE OF STATE AGENCY BIDDERS LIST.  (a)  A state agency may not maintain and use its own bidders list.  The prohibition of this subsection does not apply to the Texas Department of Transportation.
(b)  A state agency may supplement the bidders list with its own list of historically underutilized businesses if it determines that the supplementation will increase the number of historically underutilized businesses that submit bids.
Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 1997, 75th Leg., ch. 1206, Sec. 11, eff. Sept. 1, 1997;  Acts 1999, 76th Leg., ch. 426, Sec. 17, eff. June 18, 1999;  Acts 1999, 76th Leg., ch. 1499, Sec. 1.18, eff. Sept. 1, 1999;  Acts 2001, 77th Leg., ch. 118, Sec. 1.05, eff. Sept. 1, 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 E. Master Bidders List › Section 2155.269. Waiver

Sec. 2155.269.  WAIVER.  The comptroller by rule may establish a process under which the requirement for soliciting bids or proposals from eligible vendors on a bidders list may be waived for an appropriate state agency or an appropriate purchase or other acquisition under circumstances in which the requirement is not warranted.
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. 39, 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 E. Master Bidders List › Section 2155.270. Agency Assistance With Bidders List Issues

Sec. 2155.270.  AGENCY ASSISTANCE WITH BIDDERS LIST ISSUES.  The comptroller may assist a state agency with issues relating to a bidders list.
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. 39, 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 F. Inspection and Certification of Goods or Services; Audits › Section 2155.321. Definitions

Sec. 2155.321.  DEFINITIONS.  In this subchapter:
(1)  "Financial information" means information that the comptroller determines is necessary to audit a claim under Chapter 403.
(2)  "Purchase information" means information that the comptroller determines is necessary to audit a purchase under this subchapter.
(3)  "Service" means the furnishing of skilled or unskilled labor or professional work but does not include the service of a state agency employee.
(4)  "State agency" has the meaning assigned by Section 2103.001.
Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 1997, 75th Leg., ch. 1035, Sec. 62, eff. June 19, 1997.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1071 (H.B. 1524), Sec. 40, 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 F. Inspection and Certification of Goods or Services; Audits › Section 2155.322. Inspection and Certification

Sec. 2155.322.  INSPECTION AND CERTIFICATION.  (a)  A state agency shall:
(1)  inspect and evaluate at the time of receipt all goods or services that the agency receives to determine whether the goods or services comply with the contract under which they were purchased;  and
(2)  certify, if true, that the goods or services comply with contract requirements and that the invoice for them is correct.
(b)  If state law requires that a payment for the goods or services be made on a warrant drawn or an electronic funds transfer initiated by the comptroller or a state agency with delegated authority under Section 403.060, promptly after the later of the receipt of the invoice or the receipt of the goods or services, the agency shall send to the comptroller the certification, together with the financial information and purchase information provided by the invoice and purchase voucher, on a form or in the manner prescribed by the comptroller.
(c)  The comptroller by rule may require that purchase information be sent directly to the comptroller in circumstances under which the comptroller considers it necessary.
Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 1997, 75th Leg., ch. 1035, Sec. 63, eff. June 19, 1997.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 937 (H.B. 3560), Sec. 1.10, eff. September 1, 2007.
Acts 2019, 86th Leg., R.S., Ch. 1071 (H.B. 1524), Sec. 41, 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 F. Inspection and Certification of Goods or Services; Audits › Section 2155.323. Audit of Financial Information

Sec. 2155.323.  AUDIT OF FINANCIAL INFORMATION.  (a)  On receipt of a certification, financial information, and purchase information from a state agency as required by this subchapter, the comptroller shall audit the financial information under Chapter 403.
(b)  If the comptroller approves the financial information, the comptroller shall determine whether the purchase information should also be audited under Section 2155.324.
(c)  Repealed by Acts 2007, 80th Leg., R.S., Ch. 937, Sec. 1.117(5), eff. September 1, 2007.
(d)  Repealed by Acts 2007, 80th Leg., R.S., Ch. 937, Sec. 1.117(5), eff. September 1, 2007.
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. 1.11, eff. September 1, 2007.
Acts 2007, 80th Leg., R.S., Ch. 937 (H.B. 3560), Sec. 1.117(5), eff. September 1, 2007.
Acts 2019, 86th Leg., R.S., Ch. 1071 (H.B. 1524), Sec. 42, 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 F. Inspection and Certification of Goods or Services; Audits › Section 2155.324. Purchase Audit

Sec. 2155.324.  PURCHASE AUDIT.  (a)  When the comptroller considers a purchase audit to be advisable, the comptroller shall audit the purchase information for compliance with applicable purchasing statutes and rules.
(b)  The comptroller may determine the auditing method used under this section, including stratified or statistical sampling techniques.
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. 1.12, 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 F. Inspection and Certification of Goods or Services; Audits › Section 2155.325. Purchase Audit After Issuance of Warrant

Sec. 2155.325.  PURCHASE AUDIT AFTER ISSUANCE OF WARRANT.  (a)  The comptroller may audit purchase information after a warrant has been issued if the audit will expedite the payment process.
(b)  For audits under this section, the comptroller by rule shall:
(1)  determine the types of purchases that will be audited after a warrant is issued; and
(2)  specify the purchase information that a state agency must send to the comptroller before a warrant is issued.
Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 1997, 75th Leg., ch. 1035, Sec. 64, eff. June 19, 1997.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 937 (H.B. 3560), Sec. 1.13, 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 F. Inspection and Certification of Goods or Services; Audits › Section 2155.326. Audit by State Auditor

Sec. 2155.326.  AUDIT BY STATE AUDITOR.  Transactions, processes, and the performance of functions under this chapter and Chapters 2156, 2157, and 2158 are subject to audit by the state auditor under Chapter 321.
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. 1.14, 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 F. Inspection and Certification of Goods or Services; Audits › Section 2155.327. Interagency Purchases and Transactions

Sec. 2155.327.  INTERAGENCY PURCHASES AND TRANSACTIONS.  This subchapter does not apply to an interagency purchase or transaction.  An interagency purchase or transaction must be accomplished on a special voucher or electronically as prescribed by the comptroller.
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 G. Payment Provisions › Section 2155.381. Invoice

Sec. 2155.381.  INVOICE.  (a)  The contractor or seller of goods or services contracted for by the comptroller shall submit an invoice to the ordering agency at the address shown on the purchase order.
(b)  The invoice shall be prepared and submitted as provided by rule of the comptroller.
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. 1.15, 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 G. Payment Provisions › Section 2155.382. Payment by Warrant

Sec. 2155.382.  PAYMENT BY WARRANT.  (a)  After the comptroller approves financial information and purchase information, when advance approval of that information is required by rule of the comptroller, the comptroller shall draw a warrant on the state treasury for:
(1)  the amount due on the invoice; or
(2)  the amount on the invoice that has been allowed.
(b)  The comptroller shall complete the procedures for drawing the warrant not later than the eighth day after the date of receiving the necessary information.  If a payment is not due until after the eighth day, the comptroller may delay drawing a warrant if the delay will maximize the state's cash flow.
(c)  The comptroller may issue the warrant directly to the vendor.  The comptroller, when appropriate, may combine into a single warrant payments that the state owes to a vendor under more than one invoice, including payments to the vendor made on behalf of more than one state agency.
(d)  The comptroller may allow or require a state agency to schedule payments that the comptroller will make to a vendor.  The comptroller shall prescribe the circumstances under which advance scheduling of payments is allowed or required.  The comptroller shall require advance scheduling of payments when it is advantageous to the state.
(e)  The comptroller may require vendors to provide payment addresses, vendor identification numbers, and other account information directly to the comptroller.
Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 1997, 75th Leg., ch. 634, Sec. 2, eff. Sept. 1, 1997.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 937 (H.B. 3560), Sec. 1.16, 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 G. Payment Provisions › Section 2155.383. Advance Payments to State or Federal Agency

Sec. 2155.383.  ADVANCE PAYMENTS TO STATE OR FEDERAL AGENCY.  A state agency may make an advance payment to a federal or other state agency for goods purchased from the agency if an advance payment will expedite delivery of the goods.
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 G. Payment Provisions › Section 2155.384. Authority to Pay Charges

Sec. 2155.384.  AUTHORITY TO PAY CHARGES.  The comptroller, a state agency, or an entity authorized under Chapter 271, Local Government Code, or Section 2155.202 to purchase from a contract entered into under the authority of the comptroller may pay a restocking charge, cancellation fee, or other similar charge if the comptroller, state agency, or other entity determines that the charge is justifiable.
Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 1999, 76th Leg., ch. 426, Sec. 5, eff. June 18, 1999.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1071 (H.B. 1524), Sec. 43, 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 G. Payment Provisions › Section 2155.385. Credit Cards

Sec. 2155.385.  CREDIT CARDS.  (a)  If authorized by rule adopted by the comptroller under Section 403.023, the comptroller may contract with one or more credit card issuers for state agencies to use credit cards to pay for purchases.  The comptroller may not enter into a contract that conflicts with the rules described by this subsection.
(b)  This section does not apply to contracts regarding travel services or the use of credit cards to pay for travel services under Chapter 2171.
(c)  In this section and notwithstanding Section 2151.002, "state agency" has the meaning assigned by Section 403.023(e).
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. 44, 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 G. Payment Provisions › Section 2155.386. Prepayment for Library Materials by Institution of Higher Education

Sec. 2155.386.  PREPAYMENT FOR LIBRARY MATERIALS BY INSTITUTION OF HIGHER EDUCATION.  An institution of higher education may pay for books and other published library materials before receiving them if reasonably necessary for the efficient operation of the institution's libraries.
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 G. Payment Provisions › Section 2155.387. Payment for Road Construction Materials Delivered by Vehicle Exceeding Weight Limits

Sec. 2155.387.  PAYMENT FOR ROAD CONSTRUCTION MATERIALS DELIVERED BY VEHICLE EXCEEDING WEIGHT LIMITS.  A state agency that purchases road construction materials may pay for road construction materials delivered in a vehicle that exceeds the maximum gross weight authorized by law for the vehicle an amount computed using the lesser of:
(1)  the actual weight of the load;  or
(2)  the weight determined by subtracting the weight of the vehicle from the sum of the maximum gross weight authorized by law for the vehicle and the tolerance allowance set for the gross weight of that vehicle by Section 621.403, Transportation Code.
Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 1997, 75th Leg., ch. 165, Sec. 30.200, eff. Sept. 1, 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 H. Purchasing Preferences › Section 2155.441. Preference for Products of Persons With Intellectual or Physical Disabilities

Sec. 2155.441.  PREFERENCE FOR PRODUCTS OF PERSONS WITH INTELLECTUAL OR PHYSICAL DISABILITIES.  (a)  The products of workshops, organizations, or corporations whose primary purpose is training and employing individuals having an intellectual disability or a physical disability shall be given preference if they meet state specifications regarding quantity, quality, delivery, life cycle costs, and price.
(b)  The workshops, organizations, or corporations shall test the products to the extent necessary to ensure quality in accordance with Section 2155.069 and may enter into contracts with a private or public entity to assist with testing.
(c)  The comptroller is not required to purchase products under this section that do not meet formal state specifications developed by the comptroller or meet 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. 12, eff. Sept.1, 1997.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1071 (H.B. 1524), Sec. 45, eff. September 1, 2019.
Acts 2023, 88th Leg., R.S., Ch. 30 (H.B. 446), Sec. 5.26, eff. September 1, 2023.
Acts 2023, 88th Leg., R.S., Ch. 30 (H.B. 446), Sec. 5.27, eff. September 1, 2023.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle D - State Purchasing and General Services › Chapter 2155 - Purchasing: General Rules and Procedures › Subchapter H. Purchasing Preferences › Section 2155.442. Preference for Energy Efficient Products

Sec. 2155.442.  PREFERENCE FOR ENERGY EFFICIENT PRODUCTS.  The comptroller shall give preference to energy efficient products in purchases made under this subtitle if:
(1)  the products meet state specifications regarding quantity and quality; and
(2)  the cost of the product is equal to or less than the cost of other similar products that are not energy efficient.
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. 46, 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 H. Purchasing Preferences › Section 2155.443. Preference for Rubberized Asphalt Paving

Sec. 2155.443.  PREFERENCE FOR RUBBERIZED ASPHALT PAVING.  The comptroller may give preference to rubberized asphalt paving made from scrap tires by a facility in this state in purchases of rubberized asphalt paving material if the cost as determined by a life-cycle cost benefit analysis does not exceed by more than 15 percent the bid cost of alternative paving materials.
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. 47, 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 H. Purchasing Preferences › Section 2155.4441. Preference Under Service Contracts

Sec. 2155.4441.  PREFERENCE UNDER SERVICE CONTRACTS.  A state agency that contracts for services shall require the contractor, in performing the contract, to purchase products and materials produced in this state when they are available at a price and time comparable to products and materials produced outside this state.
Added by Acts 1999, 76th Leg., ch. 1499, Sec. 1.19, eff. Sept. 1, 1999.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle D - State Purchasing and General Services › Chapter 2155 - Purchasing: General Rules and Procedures › Subchapter H. Purchasing Preferences › Section 2155.445. Preference for Recycled, Remanufactured, or Environmentally Sensitive Products

Sec. 2155.445.  PREFERENCE FOR RECYCLED, REMANUFACTURED, OR ENVIRONMENTALLY SENSITIVE PRODUCTS.  (a)  The comptroller and state agencies shall give preference to recycled, remanufactured, or environmentally sensitive products, as those terms are defined by rule of the comptroller, in purchases made under this subtitle if:
(1)  the product meets state specifications regarding quantity and quality; and
(2)  the average price of the product is not more than 10 percent greater than the price of comparable nonrecycled products.
(b)  The comptroller regularly shall review and revise its procurement procedures and specifications for the purchase of goods to:
(1)  eliminate procedures and specifications that explicitly discriminate against recycled, remanufactured, or environmentally sensitive products, as those terms are defined by rule of the comptroller; and
(2)  encourage the use of recycled, remanufactured, or environmentally sensitive products.
(c)  In developing new procedures and specifications, the comptroller shall encourage the use of recycled products and products that may be recycled or reused or that are remanufactured or environmentally sensitive.
(d)  In addition to the products covered by the definition adopted by rule under this section, in this section "recycled product" includes recycled steel products.  The preference for recycled steel products under this section applies also to products purchased in connection with projects described by Section 2166.003.
Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 1999, 76th Leg., ch. 426, Sec. 6, eff. June 18, 1999;  Acts 2003, 78th Leg., ch. 1033, Sec. 3, eff. Sept. 1, 2003.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1180 (H.B. 3395), Sec. 1, eff. June 17, 2011.
Acts 2019, 86th Leg., R.S., Ch. 1071 (H.B. 1524), Sec. 49, 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 H. Purchasing Preferences › Section 2155.446. Purchase and Use of Paper Containing Recycled Fibers

Sec. 2155.446.  PURCHASE AND USE OF PAPER CONTAINING RECYCLED FIBERS.  (a)  Subject to Subsection (c), the comptroller shall contract for paper containing the highest proportion of recycled fibers for all purposes for which paper with recycled fibers may be used and to the extent that the paper is available through normal commercial sources to supply the state's needs.
(b)  Subject to Subsection (c), a state agency that purchases through the comptroller shall place orders for papers containing recycled fibers to the highest extent of its needs and to the extent that the paper is available through the comptroller's purchasing procedures.
(c)  This section does not apply if the average price of paper with recycled fibers exceeds by more than 10 percent the price of comparable nonrecycled paper.
Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1, 1995.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1180 (H.B. 3395), Sec. 2, eff. June 17, 2011.
Acts 2019, 86th Leg., R.S., Ch. 1071 (H.B. 1524), Sec. 50, 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 H. Purchasing Preferences › Section 2155.447. Purchase of Recycled Oil

Sec. 2155.447.  PURCHASE OF RECYCLED OIL.  The comptroller, all state agencies, and all state agency employees who purchase motor oil and other automotive lubricants for state-owned vehicles shall give preference to motor oils and lubricants that contain at least 25 percent recycled oil if the cost to the state and the quality are comparable to those of new oil and lubricants.
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. 51, 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 H. Purchasing Preferences › Section 2155.448. Expenditures for Recycled, Remanufactured, or Environmentally Sensitive Commodities or Services

Sec. 2155.448.  EXPENDITURES FOR RECYCLED, REMANUFACTURED, OR ENVIRONMENTALLY SENSITIVE COMMODITIES OR SERVICES.  (a)  Each state fiscal year, the comptroller by rule may identify recycled, remanufactured, or environmentally sensitive commodities or services, as those terms are defined by rule of the comptroller, and designate purchasing goals for the procurement of those commodities and services by state agencies for that fiscal year.
(b)  A state agency that intends to purchase a commodity or service that accomplishes the same purpose as a commodity or service identified under Subsection (a) that does not meet the definition of a recycled product or that is not remanufactured or environmentally sensitive, as those terms are defined by rule of the comptroller, shall include with the procurement file a written justification signed by the executive head of the agency stating the reasons for the determination that the commodity or service identified by the comptroller will not meet the requirements of the agency.
(c)  Repealed by Acts 2013, 83rd Leg., R.S., Ch. 1312, Sec. 99(21), eff. September 1, 2013.
(d)  This section does not apply to a university system or an institution of higher education as those terms are defined by Section 61.003, Education Code.
Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 1997, 75th Leg., ch. 1082, Sec. 11, eff. Sept. 1, 1997;  Acts 1999, 76th Leg., ch. 426, Sec. 7, eff. June 18, 1999;  Acts 2001, 77th Leg., ch. 1158, Sec. 57, eff. Sept. 1, 2001;  Acts 2003, 78th Leg., ch. 1266, Sec. 5.03, eff. June 20, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 1122 (H.B. 2466), Sec. 1, eff. September 1, 2005.
Acts 2013, 83rd Leg., R.S., Ch. 1312 (S.B. 59), Sec. 99(21), eff. September 1, 2013.
Acts 2019, 86th Leg., R.S., Ch. 1071 (H.B. 1524), Sec. 52, 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 H. Purchasing Preferences › Section 2155.449. Preference to Products and Services From Economically Depressed or Blighted Area

Sec. 2155.449.  PREFERENCE TO PRODUCTS AND SERVICES FROM ECONOMICALLY DEPRESSED OR BLIGHTED AREA.  (a)  In this section, "economically depressed or blighted area" means an area that:
(1)  is an economically depressed or blighted area as defined by Section 2306.004;  or
(2)  meets the definition of a historically underutilized business zone as defined by 15 U.S.C. Section 632(p).
(b)  The comptroller and all state agencies procuring goods or services shall give preference to goods or services produced in an economically depressed or blighted area if:
(1)  the goods or services meet state specifications regarding quantity and quality; and
(2)  the cost of the good or service does not exceed the cost of other similar products or services that are not produced in an economically depressed or blighted area.
Added by Acts 2001, 77th Leg., ch. 1422, Sec. 14.03, eff. Sept. 1, 2001.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1071 (H.B. 1524), Sec. 53, 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 H. Purchasing Preferences › Section 2155.450. Preference for Products of Facilities on Formerly Contaminated Property

Sec. 2155.450.  PREFERENCE FOR PRODUCTS OF FACILITIES ON FORMERLY CONTAMINATED PROPERTY.  The comptroller and state agencies shall give preference to goods produced at a facility located on property for which the owner has received a certificate of completion under Section 361.609, Health and Safety Code, if the goods meet state specifications regarding quantity, quality, delivery, life cycle costs, and price.
Added by Acts 2001, 77th Leg., ch. 483, Sec. 4, eff. Sept. 1, 2001.  Renumbered from Government Code Sec. 2155.449 by Acts 2003, 78th Leg., ch. 1275, Sec. 2(84), eff. Sept. 1, 2003.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1071 (H.B. 1524), Sec. 54, 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 H. Purchasing Preferences › Section 2155.451. Vendors That Meet or Exceed Air Quality Standards

Sec. 2155.451.  VENDORS THAT MEET OR EXCEED AIR QUALITY STANDARDS.  (a)  This section applies only to a contract to be performed, wholly or partly, in a nonattainment area or in an affected county, as those terms are defined by Section 386.001, Health and Safety Code.
(b)  The comptroller and state agencies procuring goods or services may:
(1)  give preference to goods or services of a vendor that demonstrates that the vendor meets or exceeds any state or federal environmental standards, including voluntary standards, relating to air quality; or
(2)  require that a vendor demonstrate that the vendor meets or exceeds any state or federal environmental standards, including voluntary standards, relating to air quality.
(c)  The preference may be given only if the cost to the state for the goods or services would not exceed 105 percent of the cost of the goods or services provided by a vendor who does not meet the standards.
Added by Acts 2003, 78th Leg., ch. 1331, Sec. 19, eff. June 20, 2003.  Amended by Acts 2003, 78th Leg., 3rd C.S., ch. 3, Sec. 14.01, eff. Jan. 11, 2004;  Acts 2003, 78th Leg., 3rd C.S., ch. 11, Sec. 1, eff. Oct. 20, 2003.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1071 (H.B. 1524), Sec. 55, 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 H. Purchasing Preferences › Section 2155.452. Preference for Contractors Providing Foods of Higher Nutritional Value

Sec. 2155.452.  PREFERENCE FOR CONTRACTORS PROVIDING FOODS OF HIGHER NUTRITIONAL VALUE.  (a)  The comptroller and state agencies making purchases of food for consumption in a public cafeteria may give preference to contractors who provide foods of higher nutritional value and who do not provide foods containing trans fatty acids for consumption in the cafeteria.
(b)  In complying with this section, the comptroller and state agencies shall review the Department of Agriculture's nutrition standards.
Added by Acts 2007, 80th Leg., R.S., Ch. 937 (H.B. 3560), Sec. 3.12, eff. September 1, 2007.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1071 (H.B. 1524), Sec. 56, 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 H. Purchasing Preferences › Section 2155.453. Certain Contracts for Homeland Security or Law Enforcement Technology

Sec. 2155.453.  CERTAIN CONTRACTS FOR HOMELAND SECURITY OR LAW ENFORCEMENT TECHNOLOGY.  A state governmental entity that issues a request for proposals for technological products or services for homeland security or law enforcement purposes must allow a business entity to substitute the qualifications of its executive officers or managers for the qualifications required of the business entity in the request for proposals.
Added by Acts 2007, 80th Leg., R.S., Ch. 258 (S.B. 11), Sec. 18.04, eff. September 1, 2007.
Renumbered from Government Code, Section 2155.452 by Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 27.001(45), eff. September 1, 2009.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle D - State Purchasing and General Services › Chapter 2155 - Purchasing: General Rules and Procedures › Subchapter I. Multiple Award Contract Schedule › Section 2155.501. Definitions

Sec. 2155.501.  DEFINITIONS.  In this subchapter:
(1)  "Department" means the Department of Information Resources.
(2)  "Local government" has the meaning assigned by Section 271.101, Local Government Code.
(3)  "Multiple award contract" means an award of a contract for an indefinite amount of one or more similar goods or services from a vendor.
(4)  "Schedule" means a list of multiple award contracts from which agencies may purchase goods and services.
Added by Acts 2001, 77th Leg., ch. 1422, Sec. 2.01, eff. Sept. 1, 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 I. Multiple Award Contract Schedule › Section 2155.502. Development of Multiple Award Contract Schedule

Sec. 2155.502.  DEVELOPMENT OF MULTIPLE AWARD CONTRACT SCHEDULE.  (a)  The comptroller shall develop a schedule of multiple award contracts that have been previously awarded using a competitive process by:
(1)  the federal government, including the federal General Services Administration; or
(2)  any other governmental entity in any state.
(b)  In developing a schedule under Subsection (a) or (e), the comptroller or department, as appropriate, shall modify any contractual terms, with the agreement of the parties to the contract, as necessary to comply with any federal or state requirements, including rules adopted under this subchapter.
(c)  The comptroller may not list a multiple award contract on a schedule developed under Subsection (a) if the goods or services provided by that contract:
(1)  are available from only one vendor;
(2)  are telecommunications services, facilities, or equipment;
(3)  are commodity items as defined by Section 2157.068(a); or
(4)  are engineering services as described by Section 1001.003, Occupations Code, or architectural services as described by Section 1051.001, Occupations Code.
(d)  Repealed by Acts 2015, 84th Leg., R.S., Ch. 326 , Sec. 26, eff. September 1, 2015.
(e)  The department may develop a schedule of multiple award contracts for commodity items as defined by Section 2157.068(a) using the criteria established under Subsection (a).
Added by Acts 2001, 77th Leg., ch. 1422, Sec. 2.01, eff. Sept. 1, 2001.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1081 (H.B. 2918), Sec. 8, eff. September 1, 2007.
Acts 2011, 82nd Leg., R.S., Ch. 1129 (H.B. 628), Sec. 2.06, eff. September 1, 2011.
Acts 2015, 84th Leg., R.S., Ch. 326 (S.B. 20), Sec. 26, eff. September 1, 2015.
Acts 2019, 86th Leg., R.S., Ch. 1071 (H.B. 1524), Sec. 57, 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 I. Multiple Award Contract Schedule › Section 2155.503. Rules

Sec. 2155.503.  RULES.  (a)  The comptroller and the department shall adopt rules to implement this subchapter.  The rules must:
(1)  establish standard terms for contracts listed on a schedule; and
(2)  maintain consistency with existing purchasing standards.
(b)  The comptroller and the department shall consult with the attorney general in developing rules under this section.
Added by Acts 2001, 77th Leg., ch. 1422, Sec. 2.01, eff. Sept. 1, 2001.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 937 (H.B. 3560), Sec. 1.17, 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 I. Multiple Award Contract Schedule › Section 2155.504. Use of Schedule by Governmental Entities

Sec. 2155.504.  USE OF SCHEDULE BY GOVERNMENTAL ENTITIES.  (a)  Except as provided by this subsection, a state agency or local government may purchase goods or services directly from a vendor under a contract listed on a schedule developed under this subchapter.  A state agency or local government contracting for the purchase of an automated information system under a contract listed on a schedule developed under this subchapter shall comply with Section 2157.068(e-1). A purchase authorized by this section satisfies any requirement of state law relating to competitive bids or proposals.
(b)  The price listed for a good or service under a multiple award contract is a maximum price.  An agency or local government may negotiate a lower price for goods or services under a contract listed on a schedule developed under this subchapter.
Added by Acts 2001, 77th Leg., ch. 1422, Sec. 2.01, eff. Sept. 1, 2001.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 716 (S.B. 262), Sec. 2, eff. September 1, 2017.