reglab/statecodes huggingface dataset:
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle D - State Purchasing and General Services › Chapter 2167 - Lease of Space for State Agencies › Subchapter B. Procedures for Leasing Space; Lease Contract › Section 2167.055. Contract for Lease of Space

Sec. 2167.055.  CONTRACT FOR LEASE OF SPACE.  (a)  In a contract by the commission for the lease of space under this chapter, the state, acting through the commission, is the lessee.
(b)  A lease contract entered into under Section 2167.053 or 2167.054 must reflect the provisions contained in the invitation for bids or request for proposals, the successful bid or proposal, and the award of the contract.
(c)  A lease contract may:
(1)  provide for an original term that does not exceed 10 years;  and
(2)  include options to renew for as many terms that do not exceed 10 years each as the commission considers to be in the state's best interest.
(d)  A lease contract that does not contain an option to renew may, on agreement of the parties, be renewed under terms to which all parties to the contract agree.
(e)  A lease contract is contingent on the availability of money appropriated by the legislature to pay for the lease.
(f)  The obligation of the lessor to provide lease space and of the commission to accept the space is binding on the execution of the lease contract.
Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 2001, 77th Leg., ch. 1422, Sec. 10.09, eff. Sept. 1, 2001;  Acts 2003, 78th Leg., ch. 309, Sec. 4.05, eff. June 18, 2003.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle D - State Purchasing and General Services › Chapter 2167 - Lease of Space for State Agencies › Subchapter B. Procedures for Leasing Space; Lease Contract › Section 2167.056. Option to Purchase

Sec. 2167.056.  OPTION TO PURCHASE.  (a)  If the commission considers it advisable, the commission may lease space for a state agency under a contract that contains an option for the commission to purchase the space subject to the legislature's appropriation of money for the purchase.
(b)  A lease contract containing the option must indicate:
(1)  the amount that will accumulate and be credited toward the purchase at various times during the lease term;  and
(2)  the purchase price of the property at the beginning of each fiscal biennium during the lease term.
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 2167 - Lease of Space for State Agencies › Subchapter C. Commission and State Agency Powers and Duties Related to Leased Space › Section 2167.101. Certification of Available Money

Sec. 2167.101.  CERTIFICATION OF AVAILABLE MONEY.  A state agency occupying space leased under this chapter shall certify to the commission, at least 60 days before the beginning of each fiscal biennium during the lease term, that money is available to pay for the lease until the end of the next fiscal biennium.
Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 2003, 78th Leg., ch. 309, Sec. 4.06, eff. June 18, 2003.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle D - State Purchasing and General Services › Chapter 2167 - Lease of Space for State Agencies › Subchapter C. Commission and State Agency Powers and Duties Related to Leased Space › Section 2167.102. Remedial Action Against Lessor

Sec. 2167.102.  REMEDIAL ACTION AGAINST LESSOR.  (a)  When a state agency occupying leased space is aware of circumstances that require remedial action against the lessor, the agency shall notify the commission.
(b)  The commission may investigate the circumstances and the lessor's performance under the contract.
(c)  The attorney general on the commission's request shall assist the commission in protecting the state's interest under a lease contract.
Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle D - State Purchasing and General Services › Chapter 2167 - Lease of Space for State Agencies › Subchapter C. Commission and State Agency Powers and Duties Related to Leased Space › Section 2167.103. Records

Sec. 2167.103.  RECORDS.  To efficiently maintain a space management system, the commission shall maintain records of the amount and cost of space under lease by the commission and may collect other information that it considers necessary.  A state agency shall cooperate with the commission in securing this information.
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 2167 - Lease of Space for State Agencies › Subchapter C. Commission and State Agency Powers and Duties Related to Leased Space › Section 2167.104. Sublease to Child Care Provider

Sec. 2167.104.  SUBLEASE TO CHILD CARE PROVIDER.  (a)  Subject to restrictions imposed by a lease or other enforceable contract, the commission, at the request of the occupying agency, shall sublease part of a space leased under this chapter to a child care provider for the operation of a child care facility.
(b)  Chapter 663 applies to the establishment and operation of the child care facility, except as provided by this section.
(c)  This section does not affect the duties of the commission regarding child care facilities in state-owned buildings and potential child care facility sites in state-owned buildings under Chapter 663, 2165, or 2166.
(d)  The occupying agency and the commission may agree to:
(1)  procedures relating to the selection of the child care provider;
(2)  granting some preference in enrollment to children of officers and employees of the occupying state agency;  and
(3)  any other matter regarding the operation of the child care facility.
(e)  The commission shall sublease space under this section to a child care provider approved by the commission under Chapter 663 at a rate set by the commission.
(f)  In leasing space under this chapter, the commission shall, whenever possible, enter into a lease contract that allows for subleasing space to a child care provider.
Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 2001, 77th Leg., ch. 761, Sec. 13, eff. Sept. 1, 2001.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle D - State Purchasing and General Services › Chapter 2167 - Lease of Space for State Agencies › Subchapter C. Commission and State Agency Powers and Duties Related to Leased Space › Section 2167.105. Report on Noncompliance

Sec. 2167.105.  REPORT ON NONCOMPLIANCE.  If the commission determines that a state agency has not complied with the commission's rules or with other state law related to leasing requirements, the commission shall report the noncompliance to the members of the state agency's governing body and to the governor, lieutenant governor, and speaker of the house of representatives.  The commission shall include in its report an estimate of the fiscal impact resulting from the noncompliance.
Added by Acts 2001, 77th Leg., ch. 1422, Sec. 10.10, eff. Sept. 1, 2001.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle D - State Purchasing and General Services › Chapter 2170 - Telecommunications Services › Subchapter A. General Provisions › Section 2170.001. Definitions

Sec. 2170.001.  DEFINITIONS.  (a)  In this chapter:
(1)  "Telecommunications services" means intercity communications facilities or services.  The term does not include single agency point-to-point radio systems or facilities or services of criminal justice information communication systems.
(2)  "Consolidated telecommunications system" means the network of telecommunications services serving the state government.
(3)  "Department" means the Department of Information Resources.
(4)  "State agency" has the meaning assigned by Section 2054.003.
(b)  In this section, any dedicated circuits included as part of the consolidated telecommunications system are considered to begin and end at the main connecting frame.
Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 2001, 77th Leg., ch. 1422, Sec. 4.15, eff. Sept. 1, 2001.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 242 (H.B. 4553), Sec. 15, eff. September 1, 2023.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle D - State Purchasing and General Services › Chapter 2170 - Telecommunications Services › Subchapter A. General Provisions › Section 2170.002. Department Responsible for Obtaining Telecommunications Services

Sec. 2170.002.  DEPARTMENT RESPONSIBLE FOR OBTAINING TELECOMMUNICATIONS SERVICES.  The department is the state agency responsible for obtaining telecommunications services.
Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 2001, 77th Leg., ch. 1422, Sec. 4.16, eff. Sept. 1, 2001.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle D - State Purchasing and General Services › Chapter 2170 - Telecommunications Services › Subchapter A. General Provisions › Section 2170.003. Ownership or Lease of Necessary Equipment

Sec. 2170.003.  OWNERSHIP OR LEASE OF NECESSARY EQUIPMENT.  (a)  The department may own, lease, or lease-purchase in accordance with Chapters 2155, 2156, 2157, and 2158 any or all of the facilities or equipment necessary to provide telecommunications services.  The department may acquire telecommunications services without competitive bid from the Lonestar Education and Research Network (LEARN) or its successors for the purposes established in Subsection (b).
(b)  During an emergency, a single node failure or a systemwide failure of the consolidated telecommunications system, the department may divert telecommunications services traffic to the Lonestar Education and Research Network to avoid service interruption.  Upon resolution of the emergency and upon determination that the consolidated telecommunications system is operational, traffic will be diverted back to the consolidated telecommunications system.  The department may also use the Lonestar Education and Research Network for the purposes of latency tolerant data transfer of files to or from a consolidated state data center established and operated by the department.  The Lonestar Education and Research Network shall be exclusively used by the department only for the purposes set out in this section.
Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 2001, 77th Leg., ch. 1422, Sec. 4.17, eff. Sept. 1, 2001.
Amended by:
Acts 2005, 79th Leg., Ch. 1068 (H.B. 1516), Sec. 1.09, eff. September 1, 2005.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle D - State Purchasing and General Services › Chapter 2170 - Telecommunications Services › Subchapter A. General Provisions › Section 2170.004. Contracts With Entities Other Than State Agencies

Sec. 2170.004.  CONTRACTS WITH ENTITIES OTHER THAN STATE AGENCIES.  The department may contract for use of the consolidated telecommunications system with:
(1)  each house of the legislature;
(2)  a legislative agency;
(3)  the supreme court, the court of criminal appeals, or a court of appeals;
(4)  a state governmental entity other than a state agency;
(5)  a local government, as defined by Section 2054.003;
(6)  a private institution of higher education, as defined by Section 61.003, Education Code;
(7)  an assistance organization, as defined by Section 2175.001;
(8)  a public safety entity, as defined by 47 U.S.C. Section 1401;
(9)  a governmental entity of another state;
(10)  a public hospital owned or operated by this state or a political subdivision or municipal corporation of this state, including a hospital district or hospital authority;
(11)  an independent organization certified under Section 39.151, Utilities Code, for the ERCOT power region;
(12)  the Texas Permanent School Fund Corporation;
(13)  an open-enrollment charter school, as defined by Section 5.001, Education Code;
(14)  a private school, as defined by Section 5.001, Education Code;
(15)  a private or independent institution of higher education, as defined by Section 61.003, Education Code; and
(16)  a volunteer fire department, as defined by Section 152.001, Tax Code.
Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 2001, 77th Leg., ch. 1422, Sec. 4.18, eff. Sept. 1, 2001.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 393 (H.B. 1705), Sec. 2.05, eff. September 1, 2009.
Acts 2019, 86th Leg., R.S., Ch. 1116 (H.B. 2325), Sec. 6, eff. September 1, 2019.
Acts 2023, 88th Leg., R.S., Ch. 242 (H.B. 4553), Sec. 16, eff. September 1, 2023.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle D - State Purchasing and General Services › Chapter 2170 - Telecommunications Services › Subchapter A. General Provisions › Section 2170.005. Policies, Guidelines, and Operating Procedures

Sec. 2170.005.  POLICIES, GUIDELINES, AND OPERATING PROCEDURES.  (a)  To ensure efficient operation of the consolidated telecommunications system at minimum cost to the state, the department shall adopt and disseminate to all agencies appropriate guidelines and operating procedures and may publish telephone directories listed under Sections 55.202 and 55.203, Utilities Code, on a state Internet website.
(b)  Each agency shall comply with the policies, guidelines, and operating procedures.
(c)  Telephone directories published by the department under this section and Section 2170.059 must be revised regularly and must list state telephone numbers alphabetically by the subject matter of agency programs as well as alphabetically by agency.  The subject matter listing of programs and telephone numbers in the telephone directories must be consistent with the categorization developed by the Records Management Interagency Coordinating Council under Section 441.203.  The department may authorize, under procedures and rules considered appropriate by the department, a yellow pages advertising section in the directories to recover development, publication, and distribution costs of the directories.
Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 1997, 75th Leg., ch. 1186, Sec. 3, eff. Sept. 1, 1997;  Acts 2001, 77th Leg., ch. 1422, Sec. 4.19, eff. Sept. 1, 2001.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1180 (H.B. 3395), Sec. 3, eff. June 17, 2011.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle D - State Purchasing and General Services › Chapter 2170 - Telecommunications Services › Subchapter A. General Provisions › Section 2170.008. Rate Intervention

Sec. 2170.008.  RATE INTERVENTION.  (a)  If the department determines there is sufficient economic impact on state government, the department may intervene on behalf of state agencies in telecommunications rate cases and may hire special counsel and expert witnesses to prepare and present testimony.
(b)  The attorney general shall represent the department before the courts in all appeals from rate cases in which the department intervenes.
Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 2001, 77th Leg., ch. 1422, Sec. 4.21, eff. Sept. 1, 2001.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle D - State Purchasing and General Services › Chapter 2170 - Telecommunications Services › Subchapter A. General Provisions › Section 2170.009. Pay Telephones Authorized

Sec. 2170.009.  PAY TELEPHONES AUTHORIZED.  (a)  A pay telephone may be located in the capitol complex only with the approval of the department. The department shall collect the revenue from the installation and operation of the pay telephone and deposit it to the credit of the general revenue fund.
(b)  In a state-owned or state-leased building or on state-owned land to which Subsection (a) does not apply, a pay telephone may be installed only with the approval of the governing body of the state entity that has charge and control of the building or land.  The entity shall collect the revenue from the installation and operation of the pay telephone and deposit it to the credit of the general revenue fund unless the disposition of the revenue is governed by other law.
(c)  The department or other state entity shall account for the revenue collected under this section in the entity's annual report.
Added by Acts 1999, 76th Leg., ch. 1499, Sec. 1.29, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 1422, Sec. 4.22, eff. Sept. 1, 2001.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle D - State Purchasing and General Services › Chapter 2170 - Telecommunications Services › Subchapter A. General Provisions › Section 2170.010. Unlisted Telephone Numbers Prohibited

Sec. 2170.010.  UNLISTED TELEPHONE NUMBERS PROHIBITED.  A state agency and its officers and employees may not buy, rent, or pay toll charges for a telephone for which the telephone number is not listed or available from directory assistance to the general public unless the unlisted telephone number is used:
(1)  to provide access to computers, telephone system control centers, long-distance networks, elevator control systems, and other tone-controlled devices for which restricted access to the telephone number is justified for security or other purposes;
(2)  in narcotics undercover operations;
(3)  in the detection of illegal sales of securities;  or
(4)  in the investigation of motor fuels tax fraud.
Added by Acts 1999, 76th Leg., ch. 1499, Sec. 1.29, eff. Sept. 1, 1999.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle D - State Purchasing and General Services › Chapter 2170 - Telecommunications Services › Subchapter B. System of Telecommunications Services › Section 2170.051. Management and Use of System

Sec. 2170.051.  MANAGEMENT AND USE OF SYSTEM.  (a)  The department shall manage the operation of a system of telecommunications services for all state agencies.  Each agency shall identify its particular requirements for telecommunications services and the site at which the services are to be provided.
(b)  The department shall fulfill the telecommunications requirements of each state agency to the extent possible and to the extent that money is appropriated or available for that purpose.
(c)  A state agency shall use the consolidated telecommunications system to the fullest extent possible.  A state agency may not acquire telecommunications services unless the department's executive director determines that the agency's requirement for telecommunications services cannot be met at a comparable cost by the consolidated telecommunications system.
(d)  A state agency may not enter into or renew a contract with a carrier or other provider of telecommunications services without obtaining a waiver from the department's executive director certifying that the requested telecommunications services cannot be provided at a comparable cost on the consolidated telecommunications system.  The executive director shall evaluate requests for waivers based on cost-effectiveness to the state government as a whole.  A waiver may be granted only for a specific period and will automatically expire on the stated expiration date unless an extension is approved.  A contract for telecommunications services obtained under waiver may not extend beyond the expiration date of the waiver.  If the executive director becomes aware of any state agency receiving telecommunications services without a waiver, the executive director shall notify the agency and the comptroller.  The state agency shall have 60 days after notification by the executive director in which to submit a waiver request documenting the agency's reasons for bypassing the consolidated telecommunications system and otherwise providing all information required by the waiver application form.
Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 1999, 76th Leg., ch. 1499, Sec. 1.30, eff. Sept. 1, 1999;  Acts 2001, 77th Leg., ch. 1422, Sec. 4.23, eff. Sept. 1, 2001.
Amended by:
Acts 2005, 79th Leg., Ch. 1068 (H.B. 1516), Sec. 1.10, eff. September 1, 2005.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle D - State Purchasing and General Services › Chapter 2170 - Telecommunications Services › Subchapter B. System of Telecommunications Services › Section 2170.052. Balancing Technological Advancements and Existing Facilities

Sec. 2170.052.  BALANCING TECHNOLOGICAL ADVANCEMENTS AND EXISTING FACILITIES.  In the planning, design, implementation, and operation of the consolidated telecommunications system, the department shall maintain an appropriate balance between the adoption of technological advancements and the efficient use of existing facilities and services to avoid misapplication of state money and degradation or loss of the integrity of existing systems and facilities.
Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 2001, 77th Leg., ch. 1422, Sec. 4.24, eff. Sept. 1, 2001.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle D - State Purchasing and General Services › Chapter 2170 - Telecommunications Services › Subchapter B. System of Telecommunications Services › Section 2170.053. Sharing of Services

Sec. 2170.053.  SHARING OF SERVICES.  (a)  To avoid waste of state money and personnel, telecommunications services shall be provided on an integrated or shared basis, or both, to the extent feasible and advisable, among entities authorized to use the consolidated telecommunications system under this chapter.
(b)  Sharing or integrated use does not constitute the resale or carriage of services and does not subject the system to regulation or reporting under Title 2, Utilities Code.
Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 1999, 76th Leg., ch. 62, Sec. 18.27, eff. Sept. 1, 1999.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle D - State Purchasing and General Services › Chapter 2170 - Telecommunications Services › Subchapter B. System of Telecommunications Services › Section 2170.056. Costs to State of Parallel Tolls

Sec. 2170.056.  COSTS TO STATE OF PARALLEL TOLLS.  All contracts with telecommunications carriers shall provide that the department or any participating agency may obtain any information relating to the costs to the state of parallel tolls.
Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 2001, 77th Leg., ch. 1422, Sec. 4.25, eff. Sept. 1, 2001.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle D - State Purchasing and General Services › Chapter 2170 - Telecommunications Services › Subchapter B. System of Telecommunications Services › Section 2170.057. Payment for Services

Sec. 2170.057.  PAYMENT FOR SERVICES.  (a)  The department shall develop a system of billings and charges for services provided in operating and administering the consolidated telecommunications system that allocates the total state cost to each entity served by the system based on proportionate usage.  The department shall set and charge a fee to each entity that receives services provided under this chapter in an amount sufficient to cover the direct and indirect costs of providing the service.  Revenue derived from the collection of fees imposed under this subsection may be appropriated to the department for:
(1)  developing statewide information resources technology policies and planning under Chapters 2054 and 2059; and
(2)  providing:
(A)  shared information resources technology services under Chapter 2054; and
(B)  network security services under Chapter 2059.
(b)  The comptroller shall establish in the state treasury a revolving fund account for the administration of this chapter.  The account shall be used as a depository for money received from entities served.  Receipts attributable to the centralized capitol complex telephone system shall be deposited into the account but separately identified within the account.
(c)  To provide an adequate cash flow as necessary for purposes of this chapter, using state agencies and other entities, on proper notification, shall make monthly payments into the telecommunications revolving fund account from appropriated or other available money.  The legislature may appropriate money for operating the system directly to the department, in which case the revolving fund account shall be used to receive money due from local governmental entities and other agencies to the extent that their money is not subject to legislative appropriation.
(d)  The department shall maintain in the revolving fund account sufficient amounts to pay the bills of the consolidated telecommunications system and the centralized capitol complex telephone system.
Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 1999, 76th Leg., ch. 1499, Sec. 1.31, eff. Sept. 1, 1999;  Acts 2001, 77th Leg., ch. 1422, Sec. 4.26, eff. Sept. 1, 2001.
Amended by:
Acts 2011, 82nd Leg., 1st C.S., Ch. 4 (S.B. 1), Sec. 23.07, eff. September 28, 2011.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle D - State Purchasing and General Services › Chapter 2170 - Telecommunications Services › Subchapter B. System of Telecommunications Services › Section 2170.058. Use of System by Certain Students

Sec. 2170.058.  USE OF SYSTEM BY CERTAIN STUDENTS.  (a)  An institution of higher education under Section 61.003, Education Code, that is authorized to use the system of telecommunications services established under this chapter may allow students of the institution who reside in housing for which the institution provides telephone service to use the system of telecommunications services.  An institution shall recover from a student who chooses to use the system the full pro rata cost attributable to that student's use, including costs identifiable for interconnection to and use of the local publicly switched network.
(b)  The department shall adopt rules that govern student access to the system, including:
(1)  times of access to the system;  and
(2)  the full recovery of actual costs from each student who uses the system.
(c)  In consideration of the duties and responsibilities given the department under this chapter, it is the policy of this state that a state agency or unit of state government may not provide telecommunications products or services to the general public in competition with private enterprise unless there is a finding that providing the products or services is in the public interest.  This subsection does not prohibit students who reside in housing for which institutions of higher education provide telephone service from using service provided under this section.
Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 2001, 77th Leg., ch. 1422, Sec. 4.27, eff. Sept. 1, 2001.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle D - State Purchasing and General Services › Chapter 2170 - Telecommunications Services › Subchapter B. System of Telecommunications Services › Section 2170.059. Centralized Capitol Complex Telephone System

Sec. 2170.059.  CENTRALIZED CAPITOL COMPLEX TELEPHONE SYSTEM.  (a)  The department shall provide centralized telephone service for state agencies, each house of the legislature, and legislative agencies in the capitol complex.  State agencies in the capitol complex shall use the service.  Each house of the legislature and each legislative agency shall use the service at the discretion of the legislature.  The department may provide the service to other state agencies that subscribe to it.
(b)  Each using entity shall make monthly payments to the department when billed by the department.
(c)  Each using entity may arrange for its own terminal telephone equipment, but the equipment must be compatible with the centralized telephone service.  The department shall make terminal equipment available for using entities that choose to use that terminal equipment.
(d)  Not later than October 1 of each year, each using entity shall, in a manner determined by the department, provide the department with an e-mail address for each person who uses the centralized telephone service.
(e)  Not later than December 31 of each year, the department shall prepare and issue a revised centralized telephone service and e-mail directory.
Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 2001, 77th Leg., ch. 1422, Sec. 4.28, eff. Sept. 1, 2001.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 539 (H.B. 3730), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle D - State Purchasing and General Services › Chapter 2171 - Travel and Vehicle Fleet Services › Subchapter A. General Provisions › Section 2171.001. Travel Division

Sec. 2171.001.  TRAVEL DIVISION.  The travel division of the comptroller is composed of the central travel office and the office of vehicle fleet management.
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. 101, eff. September 1, 2019.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle D - State Purchasing and General Services › Chapter 2171 - Travel and Vehicle Fleet Services › Subchapter A. General Provisions › Section 2171.0011. Comptroller Powers and Duties

Sec. 2171.0011.  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. 1.34, eff. September 1, 2007.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1071 (H.B. 1524), Sec. 101, eff. September 1, 2019.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle D - State Purchasing and General Services › Chapter 2171 - Travel and Vehicle Fleet Services › Subchapter A. General Provisions › Section 2171.002. Rules

Sec. 2171.002.  RULES.  (a)  The comptroller shall adopt rules to implement this chapter, including rules related to:
(1)  the structure of the comptroller's travel agency contracts;
(2)  the procedures the comptroller uses in requesting and evaluating bids or proposals for travel agency contracts;  and
(3)  the use by state agencies of negotiated contract rates for travel services.
(b)  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 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. 1.35, eff. September 1, 2007.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle D - State Purchasing and General Services › Chapter 2171 - Travel and Vehicle Fleet Services › Subchapter B. Travel Services › Section 2171.051. Provision of Travel-Related Services

Sec. 2171.051.  PROVISION OF TRAVEL-RELATED SERVICES.  (a)  The central travel office shall monitor travel reservations and other travel arrangements required for business travel by a state employee or state agency and shall provide travel-related services as provided by this chapter.
(b)  State agencies shall use the office's services to the maximum extent consistent with improved economy and efficiency.
(c)  After approval by the comptroller, the central travel office shall designate state agencies that may use the services of the office.  The comptroller shall approve the use of those services by the designated state agencies after the director of the travel division certifies to the comptroller that the central travel office is capable of providing those 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. 102, eff. September 1, 2019.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle D - State Purchasing and General Services › Chapter 2171 - Travel and Vehicle Fleet Services › Subchapter B. Travel Services › Section 2171.052. Contracts With Providers of Travel Services

Sec. 2171.052.  CONTRACTS WITH PROVIDERS OF TRAVEL SERVICES.  (a)  In this section, "commercial lodging establishment" has the meaning assigned by Section 660.002.
(b)  The central travel office may negotiate contracts with private travel agents, with travel and transportation providers, and with credit card companies that provide travel services and other benefits to the state.  The central travel office may negotiate with commercial lodging establishments to obtain the most cost-effective rates possible for state employees traveling on state business.
(c)  The comptroller may make contracts with travel agents that meet certain reasonable requirements prescribed by the central travel office, with preference given to resident entities of this state.
(d)  To the greatest extent possible, the comptroller shall use electronic means to solicit and receive bids under this section.
(e)  Repealed by Acts 2003, 78th Leg., ch. 309, Sec. 8.02.
Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 1997, 75th Leg., ch. 165, Sec. 17.11(a), eff. Sept. 1, 1997;  Acts 1999, 76th Leg., ch. 280, Sec. 10, eff. Sept. 1, 1999;  Acts 2001, 77th Leg., ch. 1422, Sec. 7.04, eff. Sept. 1, 2001;  Acts 2003, 78th Leg., ch. 309, Sec. 8.01, 8.02, eff. June 18, 2003.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1071 (H.B. 1524), Sec. 103, eff. September 1, 2019.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle D - State Purchasing and General Services › Chapter 2171 - Travel and Vehicle Fleet Services › Subchapter B. Travel Services › Section 2171.053. Contracts Not Subject to Competitive Bidding Requirements

Sec. 2171.053.  CONTRACTS NOT SUBJECT TO COMPETITIVE BIDDING REQUIREMENTS.  Contracts under this subchapter are not subject to the competitive bidding requirements imposed under Chapters 2155-2158.
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 2171 - Travel and Vehicle Fleet Services › Subchapter B. Travel Services › Section 2171.054. Travel Voucher Audits

Sec. 2171.054.  TRAVEL VOUCHER AUDITS.  The comptroller shall, under Chapter 403, audit travel vouchers for compliance with rules adopted to enforce this subchapter.
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 2171 - Travel and Vehicle Fleet Services › Subchapter B. Travel Services › Section 2171.056. Purchase of or Reimbursement for Transportation in Amount Exceeding Contracted Rates

Sec. 2171.056.  PURCHASE OF OR REIMBURSEMENT FOR TRANSPORTATION IN AMOUNT EXCEEDING CONTRACTED RATES.  (a)  This section applies only to a state agency in the executive branch of state government that is required to participate in the comptroller's contracts for travel services.
(b)  Except as provided by comptroller rule, a state agency may not:
(1)  purchase commercial airline or rental car transportation if the amount of the purchase exceeds the amount of the central travel office's contracted fares or rates; or
(2)  reimburse a person for the purchase of commercial airline or rental car transportation for the amount that exceeds the amount of the central travel office's contracted fares or rates.
(c)  The comptroller shall educate state agencies about this section.
(d)  The comptroller shall audit travel vouchers under Chapter 403 for compliance with this section.
(e)  The comptroller shall adopt rules related to exemptions from the prohibition prescribed by Subsection (b).
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. 1.36, eff. September 1, 2007.
Acts 2019, 86th Leg., R.S., Ch. 1071 (H.B. 1524), Sec. 105, eff. September 1, 2019.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle D - State Purchasing and General Services › Chapter 2171 - Travel and Vehicle Fleet Services › Subchapter C. Vehicle Fleet Services › Section 2171.101. Vehicle Reporting System; Exception

Sec. 2171.101.  VEHICLE REPORTING SYSTEM; EXCEPTION.  (a)  The office of vehicle fleet management shall establish a vehicle reporting system to assist state agencies in the management of agency vehicle fleets. Except as provided by Subsection (d), a state agency shall submit vehicle fleet reports on a quarterly basis, not earlier than the 45th day or later than the 60th day after the date on which the quarter ends.
(b)  The office shall:
(1)  develop automated information retrieval systems to implement the reporting system;  and
(2)  maintain a complete inventory of agency vehicles by class of vehicle.
(c)  The office shall determine the average cost of operation for each class of vehicle.
(d)  A state agency with a fleet of more than 2,500 vehicles shall establish and maintain a vehicle reporting system to assist the agency in the management of the agency's vehicle fleet.  Not later than October 15 of each year, the agency shall submit to the office of vehicle fleet management the information the office requests regarding the agency's vehicle fleet for the previous state fiscal year.  The agency may provide the information in the format used by the agency's reporting system.  The agency is exempt from paying to the office any fee for maintaining the vehicle reporting system established under Subsection (a).
(e)  The office shall review the operation of each state agency's vehicle fleet and report to the legislature not later than January 1 of each odd-numbered year the status of the agency's vehicle fleet and the office's recommendations to improve operations of the agency's vehicle fleet.
Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 1997, 75th Leg., ch. 165, Sec. 17.10(b), eff. Sept. 1, 1997;  Acts 1999, 76th Leg., ch. 1050, Sec. 1, eff. Sept. 1, 1999;  Acts 2003, 78th Leg., ch. 309, Sec. 7.01, eff. June 18, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 658 (H.B. 3227), Sec. 1, eff. June 17, 2005.
Acts 2011, 82nd Leg., R.S., Ch. 1083 (S.B. 1179), Sec. 25(74), eff. June 17, 2011.
Acts 2021, 87th Leg., R.S., Ch. 1017 (H.B. 3388), Sec. 1, eff. June 18, 2021.
Acts 2021, 87th Leg., R.S., Ch. 1017 (H.B. 3388), Sec. 2, eff. June 18, 2021.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle D - State Purchasing and General Services › Chapter 2171 - Travel and Vehicle Fleet Services › Subchapter C. Vehicle Fleet Services › Section 2171.102. Maintenance of State Vehicles

Sec. 2171.102.  MAINTENANCE OF STATE VEHICLES.  (a)  The office of vehicle fleet management may, for a fee, provide routine periodic maintenance service to state agencies located in Travis County.
(b)  The office may negotiate contracts for major overhauls and other extensive mechanical work.
(c)  Contracts entered into under this section are not subject to the competitive bidding requirements imposed under Chapters 2155, 2156, 2157, and 2158.
Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 2003, 78th Leg., ch. 309, Sec. 7.02, eff. June 18, 2003.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle D - State Purchasing and General Services › Chapter 2171 - Travel and Vehicle Fleet Services › Subchapter C. Vehicle Fleet Services › Section 2171.103. Facilitation of Conversion to and Use of Alternative Fuels

Sec. 2171.103.  FACILITATION OF CONVERSION TO AND USE OF ALTERNATIVE FUELS.  (a)  The office of vehicle fleet management may act as necessary to encourage and facilitate the conversion and use of motor vehicles that are capable of using alternative fuels, especially compressed natural gas.
(b)  The office may:
(1)  establish centralized refueling stations throughout the state;
(2)  operate regional conversion and repair facilities;  and
(3)  provide all services and support necessary to expedite the use of compressed natural gas or other alternative fuels by state agencies as required by Subchapter A, Chapter 2158.
Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 1997, 75th Leg., ch. 165, Sec. 17.12(a), eff. Sept. 1, 1997.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle D - State Purchasing and General Services › Chapter 2171 - Travel and Vehicle Fleet Services › Subchapter C. Vehicle Fleet Services › Section 2171.104. Management Plan

Sec. 2171.104.  MANAGEMENT PLAN.  (a)  The office of vehicle fleet management shall develop a management plan with detailed recommendations for improving the administration and operation of the state's vehicle fleet.
(b)  Repealed by Acts 2023, 88th Leg., R.S., Ch. 921 (H.B. 5260), Sec. 1, eff. September 1, 2023.
(c)  The management plan must address:
(1)  opportunities for consolidating and privatizing the operation and management of vehicle fleets in areas where there is a concentration of state agencies, including the Capitol Complex and the Health and Human Services Complex in Austin;
(2)  the number and type of vehicles owned by each agency and the purpose each vehicle serves;
(3)  procedures to increase vehicle use and improve the efficiency of the state vehicle fleet;
(4)  procedures to reduce the cost of maintaining state vehicles;
(5)  procedures to handle surplus or salvage state vehicles;  and
(6)  lower-cost alternatives to using state-owned vehicles, including:
(A)  using rental cars;  and
(B)  reimbursing employees for using personal vehicles.
(d)  The Texas Facilities Commission shall require a state agency to transfer surplus or salvage vehicles identified by the management plan to the Texas Facilities Commission and shall sell or dispose of the vehicles in accordance with the provisions of Chapter 2175 that provide for disposition of surplus or salvage property by the Texas Facilities Commission.
Added by Acts 1999, 76th Leg., ch. 1050, Sec. 2, eff. Sept. 1, 1999.  Amended by Acts 2003, 78th Leg., ch. 309, Sec. 7.03, eff. June 18, 2003.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 24 (S.B. 706), Sec. 3, eff. September 1, 2017.
Acts 2019, 86th Leg., R.S., Ch. 1071 (H.B. 1524), Sec. 106, eff. September 1, 2019.
Acts 2023, 88th Leg., R.S., Ch. 30 (H.B. 446), Sec. 5.30, eff. September 1, 2023.
Acts 2023, 88th Leg., R.S., Ch. 921 (H.B. 5260), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle D - State Purchasing and General Services › Chapter 2171 - Travel and Vehicle Fleet Services › Subchapter C. Vehicle Fleet Services › Section 2171.1045. Restrictions on Assignment of Vehicles

Sec. 2171.1045.  RESTRICTIONS ON ASSIGNMENT OF VEHICLES.  Each state agency shall adopt rules, consistent with the management plan adopted under Section 2171.104, relating to the assignment and use of the agency's vehicles.  The rules must require that:
(1)  each agency vehicle, with the exception of a vehicle assigned to a field employee, be assigned to the agency motor pool and be available for checkout;  and
(2)  an agency may assign a vehicle to an individual administrative or executive employee on a regular or everyday basis only if the agency makes a written documented finding that the assignment is critical to the needs and mission of the agency.
Added by Acts 1999, 76th Leg., ch. 1050, Sec. 2, eff. Sept. 1, 1999.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle D - State Purchasing and General Services › Chapter 2171 - Travel and Vehicle Fleet Services › Subchapter C. Vehicle Fleet Services › Section 2171.105. Management Plan: Institutions of Higher Education

Sec. 2171.105.  MANAGEMENT PLAN:  INSTITUTIONS OF HIGHER EDUCATION.  (a)  In this section:
(1)  "Institution of higher education" has the meaning assigned by Section 61.003, Education Code.
(2)  "Plan" means the management plan developed under Section 2171.104.
(b)  For institutions of higher education, the plan applies only to vehicles purchased by an institution of higher education with appropriated money.
(c)  On the request of a fleet manager appointed by an institution of higher education, the office of vehicle fleet management may grant a waiver from any limit on the number of vehicles subject to the plan that the institution may own.
(d)  Any minimum use criteria developed in the plan do not apply to an institution of higher education.
Added by Acts 2005, 79th Leg., Ch. 658 (H.B. 3227), Sec. 2, eff. June 17, 2005.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle D - State Purchasing and General Services › Chapter 2172 - Miscellaneous General Services Provided by Comptroller › Section 2172.001. Central Supply Store

Sec. 2172.001.  CENTRAL SUPPLY STORE.  The comptroller may operate a central supply store at which only state agencies, the legislature, and legislative agencies may obtain small supply items.  If the comptroller operates a central supply store, the comptroller shall devise an appropriate method of billing a using entity for the supplies.
Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 2003, 78th Leg., ch. 309, Sec. 10.01, 10.03, eff. June 18, 2003.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1071 (H.B. 1524), Sec. 108, eff. September 1, 2019.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle D - State Purchasing and General Services › Chapter 2172 - Miscellaneous General Services Provided by Comptroller › Section 2172.0011. Comptroller Powers and Duties

Sec. 2172.0011.  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. 1.37, eff. September 1, 2007.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1071 (H.B. 1524), Sec. 108, eff. September 1, 2019.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle D - State Purchasing and General Services › Chapter 2172 - Miscellaneous General Services Provided by Comptroller › Section 2172.0012. Authority to Adopt Rules

Sec. 2172.0012.  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. 1.37, eff. September 1, 2007.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle D - State Purchasing and General Services › Chapter 2172 - Miscellaneous General Services Provided by Comptroller › Section 2172.002. Business Machine Repair

Sec. 2172.002.  BUSINESS MACHINE REPAIR.  (a)  The comptroller may maintain a facility for repairing office machines and may offer repair services to the following entities located in Austin:
(1)  state agencies;
(2)  the legislature; and
(3)  legislative agencies.
(b)  Using entities shall pay the comptroller for repair services by vouchers prepared and sent to the using entity by the comptroller.
(c)  The comptroller may not repair or maintain a privately owned machine.
Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 2003, 78th Leg., ch. 309, Sec. 10.02, eff. June 18, 2003.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1071 (H.B. 1524), Sec. 108, eff. September 1, 2019.