reglab/statecodes huggingface dataset:
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle F - State and Local Contracts and Fund Management › Chapter 2261 - State Contracting Standards and Oversight › Subchapter F. Ethics, Reporting, and Approval Requirements for Certain Contracts › Section 2261.254. Contracts With Value Exceeding $1 Million

Sec. 2261.254.  CONTRACTS WITH VALUE EXCEEDING $1 MILLION.  (a)  For each contract for the purchase of goods or services that has a value exceeding $1 million, a state agency shall develop and implement contract reporting requirements that provide information on:
(1)  compliance with financial provisions and delivery schedules under the contract;
(2)  corrective action plans required under the contract and the status of any active corrective action plan; and
(3)  any liquidated damages assessed or collected under the contract.
(b)  Each state agency shall verify:
(1)  the accuracy of any information reported under Subsection (a) that is based on information provided by a contractor; and
(2)  the delivery time of goods or services scheduled for delivery under the contract.
(c)  Except as provided by Subsection (d), a state agency may enter into a contract for the purchase of goods or services that has a value exceeding $1 million only if:
(1)  the governing body of the state agency approves the contract and the approved contract is signed by the presiding officer of the governing body; or
(2)  for a state agency that is not governed by a multimember governing body, the officer who governs the agency approves and signs the contract.
(d)  The governing body or governing official of a state agency, as appropriate, may delegate to the executive director or a deputy executive director of the agency the approval and signature authority under Subsection (c).
(e)  A highway construction, engineering services, or maintenance contract that is in compliance with all applicable laws related to procuring engineering services or construction bidding and that is awarded by the Texas Department of Transportation under Subchapter A, Chapter 223, Transportation Code, is not required to be signed by a member of the Texas Transportation Commission or the executive director of the department.  This exception does not apply to expedited highway improvement contracts under Subchapter C, Chapter 223, Transportation Code, a comprehensive development agreement entered into under Subchapter E, Chapter 223, Transportation Code, a design-build contract entered into under Subchapter F, Chapter 223, Transportation Code, or any other contract entered into by the Texas Department of Transportation.
Added by Acts 2015, 84th Leg., R.S., Ch. 326 (S.B. 20), Sec. 18, eff. September 1, 2015.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 953 (S.B. 65), Sec. 27, eff. September 1, 2019.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle F - State and Local Contracts and Fund Management › Chapter 2261 - State Contracting Standards and Oversight › Subchapter F. Ethics, Reporting, and Approval Requirements for Certain Contracts › Section 2261.255. Contracts With Value Exceeding $5 Million

Sec. 2261.255.  CONTRACTS WITH VALUE EXCEEDING $5 MILLION.  For each state agency contract for the purchase of goods or services that has a value exceeding $5 million, the contract management office or procurement director of the agency must:
(1)  verify in writing that the solicitation and purchasing methods and contractor selection process comply with state law and agency policy; and
(2)  submit to the governing body of the agency, or governing official of the agency if the agency is not governed by a multimember governing body, information on any potential issue that may arise in the solicitation, purchasing, or contractor selection process.
Added by Acts 2015, 84th Leg., R.S., Ch. 326 (S.B. 20), Sec. 18, eff. September 1, 2015.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle F - State and Local Contracts and Fund Management › Chapter 2261 - State Contracting Standards and Oversight › Subchapter F. Ethics, Reporting, and Approval Requirements for Certain Contracts › Section 2261.256. Accountability and Risk Analysis Procedure; Contract Management Handbook

Sec. 2261.256.  ACCOUNTABILITY AND RISK ANALYSIS PROCEDURE; CONTRACT MANAGEMENT HANDBOOK.  (a)  Each state agency shall develop and comply with a purchasing accountability and risk analysis procedure.  The procedure must provide for:
(1)  assessing the risk of fraud, abuse, or waste in the contractor selection process, contract provisions, and payment and reimbursement rates and methods for the different types of goods and services for which the agency contracts;
(2)  identifying contracts that require enhanced contract monitoring or the immediate attention of contract management staff; and
(3)  establishing clear levels of purchasing accountability and staff responsibilities related to purchasing.
(b)  Each state agency shall publish a contract management handbook that establishes consistent contracting policies and practices to be followed by the agency and that is consistent with the comptroller's contract management guide.  The agency's handbook may include standard contract provisions and formats for the agency to incorporate in contracts.
(c)  Each state agency shall post on the agency's Internet website the procedures described by Subsections (a)(2) and (3) and submit to the comptroller a link to the web page that includes the procedures.  The comptroller shall post on the comptroller's Internet website the web page link submitted by each state agency.
Added by Acts 2015, 84th Leg., R.S., Ch. 326 (S.B. 20), Sec. 18, eff. September 1, 2015.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle F - State and Local Contracts and Fund Management › Chapter 2261 - State Contracting Standards and Oversight › Subchapter F. Ethics, Reporting, and Approval Requirements for Certain Contracts › Section 2261.257. Contract Database

Sec. 2261.257.  CONTRACT DATABASE.  (a)  Each state agency that becomes a participant in the centralized accounting and payroll systems as authorized by Sections 2101.035 and 2101.036 shall use the system to identify and record each contract entered into by the agency as specified by the rules, policies, or procedures developed by the comptroller.
(b)  The comptroller shall provide as necessary information and state agency contract data contained in the centralized accounting and payroll systems to other state agencies with oversight duties, including the Legislative Budget Board, the state auditor's office, and the Department of Information Resources.
Added by Acts 2015, 84th Leg., R.S., Ch. 326 (S.B. 20), Sec. 18, eff. September 1, 2015.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle F - State and Local Contracts and Fund Management › Chapter 2261 - State Contracting Standards and Oversight › Subchapter F. Ethics, Reporting, and Approval Requirements for Certain Contracts › Section 2261.259. Electronic Compliance Submissions

Sec. 2261.259.  ELECTRONIC COMPLIANCE SUBMISSIONS.  A state agency that uses the centralized accounting and payroll system authorized under Sections 2101.035 and 2101.036 or an alternative computer software system for compliance requirements related to the procurement of goods or services may electronically submit to the comptroller using that computer software system a written justification, verification, notification, or acknowledgement required under this chapter or Subchapter B, Chapter 2155.
Added by Acts 2019, 86th Leg., R.S., Ch. 953 (S.B. 65), Sec. 28, eff. September 1, 2019.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle F - State and Local Contracts and Fund Management › Chapter 2261 - State Contracting Standards and Oversight › Subchapter F. Ethics, Reporting, and Approval Requirements for Certain Contracts › Section 2261.260. Texas Department of Transportation Preclusion Policy for Private Design Professionals

Sec. 2261.260.  TEXAS DEPARTMENT OF TRANSPORTATION PRECLUSION POLICY FOR PRIVATE DESIGN PROFESSIONALS.  (a)  In this section, "private design professional" has the meaning assigned by Section 2252.905.
(b)  Before the Texas Department of Transportation may make a determination under this subchapter that a private design professional is precluded from performing a contract for architectural or engineering services or from participating in a procurement for those services, the department must adopt a written preclusion policy.
(c)  A policy under this section must:
(1)  be published or distributed in a manner that ensures that private design professionals in this state are aware of the policy;
(2)  provide that the private design professional be notified in writing at the time the Texas Department of Transportation determines that a potential basis for preclusion exists; and
(3)  provide for an appeals process by which the private design professional is given a reasonable amount of time to establish that no basis for preclusion under the policy exists.
Added by Acts 2023, 88th Leg., R.S., Ch. 617 (H.B. 3989), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle F - State and Local Contracts and Fund Management › Chapter 2262 - Statewide Contract Management › Subchapter A. General Provisions › Section 2262.001. Definitions

Sec. 2262.001.  DEFINITIONS.  In this chapter:
(1)  "Team" means the Contract Advisory Team created under Subchapter C.
(1-a)  Repealed by Acts 2019, 86th Leg., R.S., Ch. 1071 (H.B. 1524), Sec. 126(3), eff. September 1, 2019.
(2)  "Contract management guide" means the guide developed under Section 2262.051.
(3)  "Contract manager" means a person who:
(A)  is employed by a state agency;  and
(B)  has significant contract management duties for the state agency, as determined by the agency in consultation with the state auditor.
(4)  "Major contract" means a contract that has a value of at least $1 million.
(5)  "State agency" has the meaning provided by Section 2056.001.
Added by Acts 2001, 77th Leg., ch. 1422, Sec. 5.01, eff. Sept. 1, 2001.  Amended by Acts 2003, 78th Leg., ch. 309, Sec. 7.19, eff. June 18, 2003.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1071 (H.B. 1524), Sec. 126(3), eff. September 1, 2019.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle F - State and Local Contracts and Fund Management › Chapter 2262 - Statewide Contract Management › Subchapter A. General Provisions › Section 2262.0011. Comptroller Powers and Duties

Sec. 2262.0011.  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. 1.77, eff. September 1, 2007.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1071 (H.B. 1524), Sec. 119, eff. September 1, 2019.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle F - State and Local Contracts and Fund Management › Chapter 2262 - Statewide Contract Management › Subchapter A. General Provisions › Section 2262.0015. Applicability to Certain Contracts

Sec. 2262.0015.  APPLICABILITY TO CERTAIN CONTRACTS.  (a)  The comptroller by rule shall establish threshold requirements that exclude small or routine contracts, including purchase orders, from the application of this chapter.
(b)  This chapter does not apply to an enrollment contract described by 1 T.A.C. Section 391.183 as that section existed on November 1, 2013.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1227 (S.B. 1681), Sec. 1, eff. November 1, 2013.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle F - State and Local Contracts and Fund Management › Chapter 2262 - Statewide Contract Management › Subchapter A. General Provisions › Section 2262.002. Exemptions

Sec. 2262.002.  EXEMPTIONS.  (a)  This chapter does not apply to an institution of higher education as defined by Section 61.003, Education Code.
(b)  This chapter does not apply to contracts of the Texas Department of Transportation that:
(1)  relate to highway construction or highway engineering; or
(2)  are subject to Section 201.112, Transportation Code.
Added by Acts 2001, 77th Leg., ch. 1422, Sec. 5.01, eff. Sept. 1, 2001.
Amended by:
Acts 2005, 79th Leg., Ch. 281 (H.B. 2702), Sec. 2.93, eff. June 14, 2005.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle F - State and Local Contracts and Fund Management › Chapter 2262 - Statewide Contract Management › Subchapter A. General Provisions › Section 2262.004. Required Nepotism Disclosure

Sec. 2262.004.  REQUIRED NEPOTISM DISCLOSURE.  (a)  In this section:
(1)  "Major stockholder" means a person who directly or indirectly owns or controls more than a 10 percent interest or a pecuniary interest with a value exceeding $25,000 in a business entity.
(2)  "Purchasing personnel" means an employee of a state agency who makes decisions on behalf of the state agency or recommendations regarding:
(A)  contract terms or conditions on a major contract;
(B)  who is to be awarded a major contract;
(C)  preparation of a solicitation for a major contract; or
(D)  evaluation of a bid or proposal.
(b)  Before a state agency may award a major contract for the purchase of goods or services to a business entity, each of the state agency's purchasing personnel working on the contract must disclose in writing to the administrative head of the state agency any relationship the purchasing personnel is aware about that the employee has with an employee, a partner, a major stockholder, a paid consultant with a contract with the business entity the value of which exceeds $25,000, or other owner of the business entity that is within a degree described by Section 573.002.
(c)  The state auditor shall develop a form for use in reporting a relationship under Subsection (b).
(d)  Notwithstanding Section 2262.001 or 2262.002, this section applies to:
(1)  an institution of higher education as defined by Section 61.003, Education Code; and
(2)  contracts of the Texas Department of Transportation that relate to highway construction or highway engineering.
Added by Acts 2005, 79th Leg., Ch. 649 (H.B. 2932), Sec. 1, eff. September 1, 2005.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle F - State and Local Contracts and Fund Management › Chapter 2262 - Statewide Contract Management › Subchapter A. General Provisions › Section 2262.005. Consultation With State Agencies

Sec. 2262.005.  CONSULTATION WITH STATE AGENCIES.  The comptroller shall consult with state agencies in developing forms, contract terms, and criteria required under this chapter.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1227 (S.B. 1681), Sec. 1, eff. November 1, 2013.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle F - State and Local Contracts and Fund Management › Chapter 2262 - Statewide Contract Management › Subchapter B. Contract Management › Section 2262.052. Compliance With Guide

Sec. 2262.052.  COMPLIANCE WITH GUIDE.  (a)  Each state agency shall comply with the contract management guide.
(b)  Subject to the legislative audit committee's approval of including the work described by this subsection in the audit plan under Section 321.013(c), the state auditor may:
(1)  periodically monitor compliance with this section;
(2)  report any noncompliance to:
(A)  the governor;
(B)  the lieutenant governor;
(C)  the speaker of the house of representatives; and
(D)  the team; and
(3)  assist, in coordination with the attorney general and the comptroller, a noncomplying state agency to comply with this section.
Added by Acts 2001, 77th Leg., ch. 1422, Sec. 5.01, eff. Sept. 1, 2001.  Amended by Acts 2003, 78th Leg., ch. 309, Sec. 7.21, eff. June 18, 2003;  Acts 2003, 78th Leg., ch. 785, Sec. 46, eff. Sept. 1, 2003.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 1312 (S.B. 59), Sec. 60, eff. September 1, 2013.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle F - State and Local Contracts and Fund Management › Chapter 2262 - Statewide Contract Management › Subchapter B. Contract Management › Section 2262.053. Contract File Checklist; Certification of Agency Compliance

Sec. 2262.053.  CONTRACT FILE CHECKLIST; CERTIFICATION OF AGENCY COMPLIANCE.  (a)  Each state agency shall include in the contract file for each of its contracts a checklist to ensure the agency's compliance with state laws and rules relating to the acquisition of goods and services by the agency.
(b)  The comptroller shall develop and periodically update a model contract file checklist and make the checklist available for use by state agencies.  The comptroller shall periodically update the checklist.
(c)  The comptroller may adopt rules necessary to develop or update the model contract file checklist.
(d)  The model contract file checklist must address each stage of the procurement process and must include, at a minimum, a description of:
(1)  the documents that are required to be maintained during each stage of the procurement process in accordance with applicable state laws and comptroller rules; and
(2)  the procedures and documents that are required to be completed during the following stages of the procurement process:
(A)  contract solicitation development;
(B)  contract formation and award; and
(C)  contract management.
(e)  A state agency may develop its own contract file checklist based on the procurement and contracting needs of that agency, provided that the checklist developed by the agency is consistent with the comptroller's model contract file checklist and meets any requirements established by comptroller rule under Subsection (c).
(f)  Before a state agency awards a contract to a vendor for the purchase of goods or services, the agency's contract manager or procurement director must:
(1)  review the contents of the contract file for the contract, including the checklist, to ensure that all documents required by state law or applicable agency rules are complete and present in the file; and
(2)  certify in a written document to be included in the contract file that the review required under Subdivision (1) was completed.
(g)  A state agency's contract manager or procurement director may delegate to a person in the agency's procurement office the certification authority under this section.
(h)  The comptroller by rule shall prescribe the conditions under which a state agency's contract manager or procurement director:
(1)  must make the certification required by Subsection (f); and
(2)  may delegate the certification authority under this section.
Added by Acts 2019, 86th Leg., R.S., Ch. 953 (S.B. 65), Sec. 29, eff. September 1, 2019.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle F - State and Local Contracts and Fund Management › Chapter 2262 - Statewide Contract Management › Subchapter B. Contract Management › Section 2262.054. Public Comment

Sec. 2262.054.  PUBLIC COMMENT.  The comptroller by rule may establish procedures by which each state agency is required to invite public comment by publishing the proposed technical specifications for major contracts on the Internet through the information service known as the Texas Marketplace or through a suitable successor information service.  The guide must define "technical specifications."
Added by Acts 2001, 77th Leg., ch. 1422, Sec. 5.01, eff. Sept. 1, 2001.  Amended by Acts 2003, 78th Leg., ch. 309, Sec. 7.23, eff. June 18, 2003.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1071 (H.B. 1524), Sec. 121, eff. September 1, 2019.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle F - State and Local Contracts and Fund Management › Chapter 2262 - Statewide Contract Management › Subchapter B. Contract Management › Section 2262.055. Vendor Performance Tracking System

Sec. 2262.055.  VENDOR PERFORMANCE TRACKING SYSTEM.  (a)  The comptroller shall evaluate the vendor's performance based on information reported by state agencies under Section 2155.089 and criteria established by the comptroller.
(b)  The comptroller by rule shall establish an evaluation process that:
(1)  rates vendors on an A through F scale, with A being the highest grade; and
(2)  allows vendors who receive a grade lower than a C to protest any classification given by the comptroller.
(c)  The comptroller shall include the performance reviews in a vendor performance tracking system.
(d)  A state agency shall use the vendor performance tracking system to determine whether to award a contract to a vendor reviewed in the tracking system.  The comptroller by rule shall establish the manner in which the rating scale established under Subsection (b) affects a vendor's eligibility for state contracts and the grades on the scale that disqualify a vendor from state contracting.
(e)  The comptroller shall make the vendor performance tracking system accessible to the public on the comptroller's Internet website.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1227 (S.B. 1681), Sec. 4, eff. November 1, 2013.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 326 (S.B. 20), Sec. 21, eff. September 1, 2015.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle F - State and Local Contracts and Fund Management › Chapter 2262 - Statewide Contract Management › Subchapter B. Contract Management › Section 2262.056. Approval Required for Assignment of Services Contracts

Sec. 2262.056.  APPROVAL REQUIRED FOR ASSIGNMENT OF SERVICES CONTRACTS.  (a)  In this section:
(1)  "Major information resources project" has the meaning assigned by Section 2054.003.
(2)  "Sensitive personal information" has the meaning assigned by Section 521.002, Business & Commerce Code.
(b)  A vendor awarded a services contract by a state agency may not assign the vendor's rights under the contract to a third party unless the assignment is approved by the state agency.
(c)  At least 14 days before a state agency rejects or approves a vendor's proposed assignment under Subsection (b), the state agency shall notify the Legislative Budget Board of the proposed assignment if the contract subject to the assignment:
(1)  is for a major information resources project; or
(2)  involves storing, receiving, processing, transmitting, disposing of, or accessing sensitive personal information in a foreign country.
Added by Acts 2019, 86th Leg., R.S., Ch. 953 (S.B. 65), Sec. 29, eff. September 1, 2019.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle F - State and Local Contracts and Fund Management › Chapter 2262 - Statewide Contract Management › Subchapter B. Contract Management › Section 2262.057. Standards for Contracts Related to Emergency Management

Sec. 2262.057.  STANDARDS FOR CONTRACTS RELATED TO EMERGENCY MANAGEMENT.  (a)  The comptroller shall update the contract management guide to include contract management standards and information for contracts related to emergency management.
(b)  The comptroller shall develop the standards described by Subsection (a) in consultation with the Texas Division of Emergency Management, Texas A&M AgriLife Extension Service, Texas A&M Engineering Extension Service, and local governmental entities.
(c)  The guide must include:
(1)  preferred contracting standards;
(2)  information on contracts for services that may be necessary to respond to a natural disaster or to construct, repair, or rebuild property or infrastructure after a natural disaster, including clearing debris and providing information management services and construction services; and
(3)  advice on preparing for a natural disaster, including procedures to assist a state agency with contracting for services described by Subdivision (2) before a natural disaster occurs.
Added by Acts 2019, 86th Leg., R.S., Ch. 615 (S.B. 986), Sec. 1, eff. September 1, 2019.
Redesignated from Government Code, Section 2262.056 by Acts 2021, 87th Leg., R.S., Ch. 915 (H.B. 3607), Sec. 21.001(51), eff. September 1, 2021.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle F - State and Local Contracts and Fund Management › Chapter 2262 - Statewide Contract Management › Subchapter C. Contract Advisory Team › Section 2262.102. Members

Sec. 2262.102.  MEMBERS.  (a)  The team consists of the following six members:
(1)  one member from the Health and Human Services Commission;
(2)  one member from the comptroller's office;
(3)  one member from the Department of Information Resources;
(4)  one member from the Texas Facilities Commission;
(5)  one member from the governor's office; and
(6)  one member from a small state agency.
(a-1)  The chief procurement officer described by Section 2155.091 may add members to the team by designating members from state agencies that agree to participate on the team.  A state agency may decline a request to participate on the team under this subsection by submitting a written statement declining the request to the chief procurement officer.
(b)  The Legislative Budget Board and the state auditor shall provide technical assistance to the team.
(c)  The attorney general's office shall provide legal assistance to the team.
(d)  In this section, "small state agency" means a state agency with fewer than 100 employees.
Added by Acts 2001, 77th Leg., ch. 1422, Sec. 5.01, eff. Sept. 1, 2001.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 676 (H.B. 1965), Sec. 3, eff. September 1, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 1227 (S.B. 1681), Sec. 6, eff. November 1, 2013.
Acts 2017, 85th Leg., R.S., Ch. 556 (S.B. 533), Sec. 12, eff. September 1, 2017.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle F - State and Local Contracts and Fund Management › Chapter 2262 - Statewide Contract Management › Subchapter C. Contract Advisory Team › Section 2262.103. Personnel

Sec. 2262.103.  PERSONNEL.  Each agency or officer with representation on the team shall provide, at the request of the team, staff to assist the team in carrying out its duties under this chapter.
Added by Acts 2001, 77th Leg., ch. 1422, Sec. 5.01, eff. Sept. 1, 2001.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle F - State and Local Contracts and Fund Management › Chapter 2262 - Statewide Contract Management › Subchapter C. Contract Advisory Team › Section 2262.104. Low-Risk Contracts

Sec. 2262.104.  LOW-RISK CONTRACTS. The contract advisory team shall identify the types of procurements that pose a low risk of loss to the state and develop a model contract management process for use with those procurements.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1039 (H.B. 2873), Sec. 2, eff. September 1, 2013.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle F - State and Local Contracts and Fund Management › Chapter 2262 - Statewide Contract Management › Subchapter D. Contract Forms and Provisions › Section 2262.151. Contract Terms Relating to Noncompliance

Sec. 2262.151.  CONTRACT TERMS RELATING TO NONCOMPLIANCE.  (a)  The comptroller shall develop recommendations for contract terms regarding remedies for noncompliance by contractors, including remedies for noncompliance with any required disclosure of conflicts of interest by contractors.  The comptroller may develop recommended contract terms that are generally applicable to state contracts and terms that are applicable to important types of state contracts.
(b)  A state agency may include applicable recommended terms in a contract entered into by the agency.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1227 (S.B. 1681), Sec. 7, eff. November 1, 2013.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle F - State and Local Contracts and Fund Management › Chapter 2262 - Statewide Contract Management › Subchapter D. Contract Forms and Provisions › Section 2262.152. Uniform Forms

Sec. 2262.152.  UNIFORM FORMS.  The comptroller shall develop and make available a uniform and automated set of forms that a state agency may use in the different stages of the contracting process.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1227 (S.B. 1681), Sec. 7, eff. November 1, 2013.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle F - State and Local Contracts and Fund Management › Chapter 2262 - Statewide Contract Management › Subchapter D. Contract Forms and Provisions › Section 2262.153. Forms for Reporting Contractor Performance

Sec. 2262.153.  FORMS FOR REPORTING CONTRACTOR PERFORMANCE.  As part of the uniform forms published under Section 2262.152, the comptroller shall develop forms for use by state agencies in reporting a contractor's performance for use in the vendor performance tracking system under Section 2262.055.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1227 (S.B. 1681), Sec. 7, eff. November 1, 2013.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle F - State and Local Contracts and Fund Management › Chapter 2262 - Statewide Contract Management › Subchapter D. Contract Forms and Provisions › Section 2262.154. Required Provision Relating to Auditing

Sec. 2262.154.  REQUIRED PROVISION RELATING TO AUDITING.  (a)  Each state agency shall include in each of its contracts a term that provides that:
(1)  the state auditor may conduct an audit or investigation of any entity receiving funds from the state directly under the contract or indirectly through a subcontract under the contract;
(2)  acceptance of funds directly under the contract or indirectly through a subcontract under the contract acts as acceptance of the authority of the state auditor, under the direction of the legislative audit committee, to conduct an audit or investigation in connection with those funds; and
(3)  under the direction of the legislative audit committee, an entity that is the subject of an audit or investigation by the state auditor must provide the state auditor with access to any information the state auditor considers relevant to the investigation or audit.
(b)  The state auditor shall provide assistance to a state agency in developing the contract provisions.
Added by Acts 2003, 78th Leg., ch. 785, Sec. 44, eff. Sept. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 1012 (H.B. 905), Sec. 2, eff. June 18, 2005.
Transferred, redesignated and amended from Government Code, Section 2262.003 by Acts 2013, 83rd Leg., R.S., Ch. 1227 (S.B. 1681), Sec. 8, eff. November 1, 2013.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle F - State and Local Contracts and Fund Management › Chapter 2263 - Ethics and Disclosure Requirements for Outside Financial Advisors and Service Providers › Section 2263.001. Applicability

Sec. 2263.001.  APPLICABILITY.  (a)  This chapter applies in connection with the management or investment of any state funds managed or invested:
(1)  under the Texas Constitution or other law, including Chapters 404 and 2256;  and
(2)  by or for:
(A)  a public retirement system as defined by Section 802.001 that provides service retirement, disability retirement, or death benefits for officers or employees of the state;
(B)  an institution of higher education as defined by Section 61.003, Education Code;  or
(C)  another entity that is part of state government and that manages or invests state funds or for which state funds are managed or invested.
(b)  This chapter applies in connection with the management or investment of state funds without regard to whether the funds are held in the state treasury.
(c)  This chapter does not apply to or in connection with a state governmental entity that does not manage or invest state funds and for which state funds are managed or invested only by the comptroller.
Added by Acts 2003, 78th Leg., ch. 932, Sec. 2, eff. Sept. 1, 2003.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle F - State and Local Contracts and Fund Management › Chapter 2263 - Ethics and Disclosure Requirements for Outside Financial Advisors and Service Providers › Section 2263.002. Definition

Sec. 2263.002.  DEFINITION.  In this chapter, "financial advisor or service provider" includes a person or business entity who acts as a financial advisor, financial consultant, money or investment manager, or broker.
Added by Acts 2003, 78th Leg., ch. 932, Sec. 2, eff. Sept. 1, 2003.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle F - State and Local Contracts and Fund Management › Chapter 2263 - Ethics and Disclosure Requirements for Outside Financial Advisors and Service Providers › Section 2263.003. Construction With Other Law

Sec. 2263.003.  CONSTRUCTION WITH OTHER LAW.  To the extent of a conflict between this chapter and another law, the law that imposes a stricter ethics or disclosure requirement controls.
Added by Acts 2003, 78th Leg., ch. 932, Sec. 2, eff. Sept. 1, 2003.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle F - State and Local Contracts and Fund Management › Chapter 2263 - Ethics and Disclosure Requirements for Outside Financial Advisors and Service Providers › Section 2263.004. Ethics Requirements for Outside Financial Advisors or Service Providers

Sec. 2263.004.  ETHICS REQUIREMENTS FOR OUTSIDE FINANCIAL ADVISORS OR SERVICE PROVIDERS.  (a)  The governing body of a state governmental entity by rule shall adopt standards of conduct applicable to financial advisors or service providers who are not employees of the state governmental entity, who provide financial services to the state governmental entity or advise the state governmental entity or a member of the governing body of the state governmental entity in connection with the management or investment of state funds, and who:
(1)  may reasonably be expected to receive, directly or indirectly, more than $10,000 in compensation from the entity during a fiscal year;  or
(2)  render important investment or funds management advice to the entity or a member of the governing body of the entity, as determined by the governing body.
(b)  A contract under which a financial advisor or service provider renders financial services or advice to a state governmental entity or other person as described by Subsection (a) is voidable by the state governmental entity if the financial advisor or service provider violates a standard of conduct adopted under this section.
Added by Acts 2003, 78th Leg., ch. 932, Sec. 2, eff. Sept. 1, 2003.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle F - State and Local Contracts and Fund Management › Chapter 2263 - Ethics and Disclosure Requirements for Outside Financial Advisors and Service Providers › Section 2263.005. Disclosure Requirements for Outside Financial Advisor or Service Provider

Sec. 2263.005.  DISCLOSURE REQUIREMENTS FOR OUTSIDE FINANCIAL ADVISOR OR SERVICE PROVIDER.  (a)  A financial advisor or service provider described by Section 2263.004 shall disclose in writing to the administrative head of the applicable state governmental entity and to the state auditor:
(1)  any relationship the financial advisor or service provider has with any party to a transaction with the state governmental entity, other than a relationship necessary to the investment or funds management services that the financial advisor or service provider performs for the state governmental entity, if a reasonable person could expect the relationship to diminish the financial advisor's or service provider's independence of judgment in the performance of the person's responsibilities to the state governmental entity;  and
(2)  all direct or indirect pecuniary interests the financial advisor or service provider has in any party to a transaction with the state governmental entity, if the transaction is connected with any financial advice or service the financial advisor or service provider provides to the state governmental entity or to a member of the governing body in connection with the management or investment of state funds.
(b)  The financial advisor or service provider shall disclose a relationship described by Subsection (a) without regard to whether the relationship is a direct, indirect, personal, private, commercial, or business relationship.
(c)  A financial advisor or service provider described by Section 2263.004 shall file annually a statement with the administrative head of the applicable state governmental entity and with the state auditor.  The statement must disclose each relationship and pecuniary interest described by Subsection (a) or, if no relationship or pecuniary interest described by that subsection existed during the disclosure period, the statement must affirmatively state that fact.
(d)  The annual statement must be filed not later than April 15 on a form prescribed by the governmental entity, other than the state auditor, receiving the form.  The statement must cover the reporting period of the previous calendar year.  The state auditor shall develop and recommend a uniform form that other governmental entities receiving the form may prescribe.
(e)  The financial advisor or service provider shall promptly file a new or amended statement with the administrative head of the applicable state governmental entity and with the state auditor whenever there is new information to report under Subsection (a).
Added by Acts 2003, 78th Leg., ch. 932, Sec. 2, eff. Sept. 1, 2003.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle F - State and Local Contracts and Fund Management › Chapter 2263 - Ethics and Disclosure Requirements for Outside Financial Advisors and Service Providers › Section 2263.006. Public Information

Sec. 2263.006.  PUBLIC INFORMATION.  Chapter 552 controls the extent to which information contained in a statement filed under this chapter is subject to required public disclosure or excepted from required public disclosure.
Added by Acts 2003, 78th Leg., ch. 932, Sec. 2, eff. Sept. 1, 2003.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle F - State and Local Contracts and Fund Management › Chapter 2264 - Restrictions on Use of Certain Public Subsidies › Subchapter A. General Provisions › Section 2264.001. Definitions

Sec. 2264.001.  DEFINITIONS.  In this chapter:
(1)  "Economic development corporation" means a development corporation organized under Subtitle C1, Title 12, Local Government Code.
(2)  "Public agency" means the state or an agency, instrumentality, or political subdivision of this state, including a county, a municipality, a public school district, or a special-purpose district or authority.
(3)  "Public subsidy" means a public program or public benefit or assistance of any type that is designed to stimulate the economic development of a corporation, industry, or sector of the state's economy or to create or retain jobs in this state.  The term includes grants, loans, loan guarantees, benefits relating to an enterprise or empowerment zone, fee waivers, land price subsidies, infrastructure development and improvements designed to principally benefit a single business or defined group of businesses, matching funds, tax refunds, tax rebates, or tax abatements.
(4)  "Undocumented worker" means an individual who, at the time of employment, is not:
(A)  lawfully admitted for permanent residence to the United States; or
(B)  authorized under law to be employed in that manner in the United States.
Added by Acts 2007, 80th Leg., R.S., Ch. 853 (H.B. 1196), Sec. 1, eff. September 1, 2007.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 11.023, eff. September 1, 2009.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle F - State and Local Contracts and Fund Management › Chapter 2264 - Restrictions on Use of Certain Public Subsidies › Subchapter B. Restrictions on Use of Certain › Section 2264.051. Statement Required in Application for Public Subsidies

Sec. 2264.051.  STATEMENT REQUIRED IN APPLICATION FOR PUBLIC SUBSIDIES.  A public agency, state or local taxing jurisdiction, or economic development corporation shall require a business that submits an application to receive a public subsidy to include in the application a statement certifying that the business, or a branch, division, or department of the business, does not and will not knowingly employ an undocumented worker.
Added by Acts 2007, 80th Leg., R.S., Ch. 853 (H.B. 1196), Sec. 1, eff. September 1, 2007.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle F - State and Local Contracts and Fund Management › Chapter 2264 - Restrictions on Use of Certain Public Subsidies › Subchapter B. Restrictions on Use of Certain › Section 2264.052. Condition on Receipt of Public Subsidies

Sec. 2264.052.  CONDITION ON RECEIPT OF PUBLIC SUBSIDIES.  The statement required by Section 2264.051 must state that if, after receiving a public subsidy, the business, or a branch, division, or department of the business, is convicted of a violation under 8 U.S.C. Section 1324a(f), the business shall repay the amount of the public subsidy with interest, at the rate and according to the other terms provided by an agreement under Section 2264.053, not later than the 120th day after the date the public agency, state or local taxing jurisdiction, or economic development corporation notifies the business of the violation.
Added by Acts 2007, 80th Leg., R.S., Ch. 853 (H.B. 1196), Sec. 1, eff. September 1, 2007.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle F - State and Local Contracts and Fund Management › Chapter 2264 - Restrictions on Use of Certain Public Subsidies › Subchapter B. Restrictions on Use of Certain › Section 2264.053. Agreement Regarding Repayment of Interest

Sec. 2264.053.  AGREEMENT REGARDING REPAYMENT OF INTEREST.  A public agency, state or local taxing jurisdiction, or economic development corporation, before awarding a public subsidy to a business, shall enter into a written agreement with the business specifying the rate and terms of the payment of interest if the business is required to repay the public subsidy.
Added by Acts 2007, 80th Leg., R.S., Ch. 853 (H.B. 1196), Sec. 1, eff. September 1, 2007.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle F - State and Local Contracts and Fund Management › Chapter 2264 - Restrictions on Use of Certain Public Subsidies › Subchapter C. Enforcement › Section 2264.101. Recovery

Sec. 2264.101.  RECOVERY.  (a)  A public agency, local taxing jurisdiction, or economic development corporation, or the attorney general on behalf of the state or a state agency, may bring a civil action to recover any amounts owed to the public agency, state or local taxing jurisdiction, or economic development corporation under this chapter.
(b)  The public agency, local taxing jurisdiction, economic development corporation, or attorney general, as applicable, shall recover court costs and reasonable attorney's fees incurred in an action brought under Subsection (a).
(c)  A business is not liable for a violation of this chapter by a subsidiary, affiliate, or franchisee of the business, or by a person with whom the business contracts.
Added by Acts 2007, 80th Leg., R.S., Ch. 853 (H.B. 1196), Sec. 1, eff. September 1, 2007.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle F - State and Local Contracts and Fund Management › Chapter 2265 - Required Publication and Reporting by Governmental Entities › Section 2265.001. Recording and Reporting of Electricity, Water, and Natural Gas Consumption

Sec. 2265.001.  RECORDING AND REPORTING OF ELECTRICITY, WATER, AND NATURAL GAS CONSUMPTION.  (a)  In this section, "governmental entity" means:
(1)  a board, commission, or department of the state or a political subdivision of the state, including a municipality, a county, or any kind of district other than a school district; or
(2)  an institution of higher education as defined by Section 61.003, Education Code.
(b)  Notwithstanding any other law, a governmental entity responsible for payments for electric, water, or natural gas utility services shall record in an electronic repository the governmental entity's metered amount of electricity, water, or natural gas consumed for which it is responsible to pay and the aggregate costs for those utility services.  The governmental entity shall report the recorded information on a publicly accessible Internet website with an interface designed for ease of navigation if available, or at another publicly accessible location.
Added by Acts 2007, 80th Leg., R.S., Ch. 939 (H.B. 3693), Sec. 8, eff. September 1, 2007.
Renumbered from Government Code, Section 2264.001 by Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 27.001(48), eff. September 1, 2009.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 597 (S.B. 668), Sec. 1.13, eff. June 10, 2019.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle F - State and Local Contracts and Fund Management › Chapter 2267 - Public and Private Facilities and Infrastructure › Subchapter A. General Provisions › Section 2267.002. Declaration of Public Purpose; Construction of Chapter

Sec. 2267.002.  DECLARATION OF PUBLIC PURPOSE; CONSTRUCTION OF CHAPTER.  (a)  The legislature finds that:
(1)  there is a public need for timely acquisition, design, construction, improvement, renovation, expansion, equipping, maintenance, operation, implementation, and installation of education facilities, technology and other public infrastructure, and government facilities in this state that serve a public need and purpose;
(2)  the public need may not be wholly satisfied by existing methods of procurement in which qualifying projects are acquired, designed, constructed, improved, renovated, expanded, equipped, maintained, operated, implemented, or installed;
(3)  there are inadequate resources to develop new education facilities, technology and other public infrastructure, and government facilities for the benefit of the citizens of this state, and there is demonstrated evidence that partnerships between public entities and private entities or other persons can meet these needs by improving the schedule for delivery, lowering the cost, and providing other benefits to the public;
(4)  financial incentives exist under state and federal tax provisions that encourage public entities to enter into partnerships with private entities or other persons to develop qualifying projects; and
(5)  authorizing private entities or other persons to develop or operate one or more qualifying projects may serve the public safety, benefit, and welfare by making the projects available to the public in a more timely or less costly fashion.
(b)  An action authorized under Section 2267.053 serves the public purpose of this chapter if the action facilitates the timely development or operation of a qualifying project.
(c)  The purposes of this chapter include:
(1)  encouraging investment in this state by private entities and other persons;
(2)  facilitating bond financing or other similar financing mechanisms, private capital, and other funding sources that support the development or operation of qualifying projects in order to expand and accelerate financing for qualifying projects that improve and add to the convenience of the public; and
(3)  providing governmental entities with the greatest possible flexibility in contracting with private entities or other persons to provide public services through qualifying projects subject to this chapter.
(d)  This chapter shall be liberally construed in conformity with the purposes of this section.
(e)  Repealed by Acts 2015, 84th Leg., R.S., Ch. 1075 , Sec. 12(1), eff. September 1, 2015.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1334 (S.B. 1048), Sec. 1, eff. September 1, 2011.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1075 (H.B. 2475), Sec. 12(1), eff. September 1, 2015.