reglab/statecodes huggingface dataset:
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle D - State Purchasing and General Services › Chapter 2155 - Purchasing: General Rules and Procedures › Subchapter B. General Purchasing Requirements, Procedures, and Programs › Section 2155.070. Failure to Meet Specifications

Sec. 2155.070.  FAILURE TO MEET SPECIFICATIONS.  (a)  A state agency that determines that goods or services received under a contract administered by the comptroller do not meet specifications shall promptly notify the comptroller in writing of the reasons for the determination.  The comptroller shall immediately make its own determination of whether the goods and services meet specifications.
(b)  The comptroller or a state agency, including an institution of higher education, has the authority to determine that goods and services exempted from the comptroller's purchasing authority meet or fail to meet specifications.
(c)  On determining that contract specifications or conditions have not been met, the comptroller shall act against the defaulting contractor, with the assistance of the attorney general as necessary.
(d)  If the comptroller receives repeated complaints against a vendor, the comptroller shall remove the vendor's name and the vendor's goods and services from the comptroller's bidders list for not longer than one year.  If complaints resume after the vendor is reinstated on the bidders list, the comptroller may bar the vendor from participating in state contracts for a period under Section 2155.077.
Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 1997, 75th Leg., ch. 1206, Sec. 5, eff. Sept. 1, 1997.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1071 (H.B. 1524), Sec. 14, eff. September 1, 2019.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle D - State Purchasing and General Services › Chapter 2155 - Purchasing: General Rules and Procedures › Subchapter B. General Purchasing Requirements, Procedures, and Programs › Section 2155.072. Statewide or Regional Services Contracts; Studies

Sec. 2155.072.  STATEWIDE OR REGIONAL SERVICES CONTRACTS; STUDIES.  (a)  The comptroller annually shall select for study at least one service that is purchased by one or more state agencies.  The comptroller shall study a selected service to determine whether the state would benefit if the service were provided to appropriate state agencies under a regional or statewide contract.  The comptroller shall give priority to studying services for which the comptroller has delegated the purchasing function to many state agencies.
(b)  The comptroller is not required to enter into a statewide or regional contract for the provision of a service to state agencies if more than five bidders are willing to provide the service to the state under a statewide or regional contract.
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. 14, eff. September 1, 2019.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle D - State Purchasing and General Services › Chapter 2155 - Purchasing: General Rules and Procedures › Subchapter B. General Purchasing Requirements, Procedures, and Programs › Section 2155.073. Participation by Small Businesses in State Purchasing

Sec. 2155.073.  PARTICIPATION BY SMALL BUSINESSES IN STATE PURCHASING.  The comptroller shall foster participation of small businesses in the purchasing activities of the state by:
(1)  assisting state agencies in developing procedures to ensure the inclusion of small businesses on state agency master bid lists;
(2)  informing small businesses of state purchasing opportunities;
(3)  assisting small businesses in complying with the procedures for bidding on state contracts;
(4)  working with state and federal agencies and with private organizations in disseminating information on state purchasing procedures and the opportunities for small businesses to participate in state contracts;
(5)  assisting state agencies with the development of a comprehensive list of small businesses capable of providing goods or services to the state;
(6)  making recommendations to state agencies to simplify contract specifications and terms to increase the opportunities for small business participation;
(7)  working with state agencies to establish a statewide policy for increasing the use of small businesses;
(8)  assisting state agencies in seeking small businesses capable of supplying goods and services that the agencies require;
(9)  assisting state agencies in identifying and advising small businesses on the types of goods and services needed by the agencies; and
(10)  assisting state agencies in increasing the volume of business placed with small businesses.
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. 14, eff. September 1, 2019.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle D - State Purchasing and General Services › Chapter 2155 - Purchasing: General Rules and Procedures › Subchapter B. General Purchasing Requirements, Procedures, and Programs › Section 2155.074. Best Value Standard for Purchase of Goods or Services

Sec. 2155.074.  BEST VALUE STANDARD FOR PURCHASE OF GOODS OR SERVICES.  (a)  For a purchase of goods and services under this chapter, each state agency, including the comptroller, shall purchase goods and services that provide the best value for the state.
(b)  In determining the best value for the state, the purchase price and whether the goods or services meet specifications are principal considerations that must be balanced with other relevant factors.
(b-1)  The comptroller or other state agency may, subject to Subsection (c) and Section 2155.075, consider the following relevant factors under Subsection (b), including:
(1)  installation costs;
(2)  life cycle costs;
(3)  the quality and reliability of the goods and services;
(4)  the delivery terms;
(5)  indicators of probable vendor performance under the contract such as past vendor performance, the vendor's financial resources and ability to perform, the vendor's experience or demonstrated capability and responsibility, and the vendor's ability to provide reliable maintenance agreements and support;
(6)  the cost of any employee training associated with a purchase;
(7)  the effect of a purchase on agency productivity;
(8)  the vendor's anticipated economic impact to the state or a subdivision of the state, including potential tax revenue and employment;
(9)  the impact of a purchase on the agency's administrative resources; and
(10)  other factors relevant to determining the best value for the state in the context of a particular purchase.
(c)  A state agency shall consult with and receive approval from the comptroller before considering factors other than price and meeting specifications when the agency procures through competitive bidding goods or services with a value that exceeds $100,000.
Added by Acts 1997, 75th Leg., ch. 1206, Sec. 6, eff. Sept. 1, 1997.  Amended by Acts 2001, 77th Leg., ch. 1422, Sec. 14.16, eff. Sept. 1, 2001.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1071 (H.B. 1524), Sec. 14, eff. September 1, 2019.
Acts 2021, 87th Leg., R.S., Ch. 855 (S.B. 799), Sec. 5, eff. September 1, 2021.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle D - State Purchasing and General Services › Chapter 2155 - Purchasing: General Rules and Procedures › Subchapter B. General Purchasing Requirements, Procedures, and Programs › Section 2155.075. Requirement to Specify Value Factors in Request for Bids or Proposals

Sec. 2155.075.  REQUIREMENT TO SPECIFY VALUE FACTORS IN REQUEST FOR BIDS OR PROPOSALS.  (a)  For a purchase made through competitive bidding, the comptroller or other state agency making the purchase must specify in the request for bids:
(1)  the factors other than price that the comptroller or agency will consider in determining which bid offers the best value for the state; and
(2)  the proposal criteria the comptroller or agency will use when considering the factors described by Subdivision (1).
(b)  For a purchase made through competitive sealed proposals, the comptroller or other state agency making the purchase:
(1)  must specify in the request for proposals the known factors other than price that the comptroller or agency will consider in determining which proposal offers the best value for the state; and
(2)  may concurrently inform each vendor that made a proposal on the contract of any additional factors the comptroller or agency will consider in determining which proposal offers the best value for the state if the comptroller or other agency determines after opening the proposals that additional factors not covered under Subdivision (1) are relevant in determining which proposal offers the best value for the state.
Added by Acts 1997, 75th Leg., ch. 1206, Sec. 6, eff. Sept. 1, 1997.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1071 (H.B. 1524), Sec. 14, eff. September 1, 2019.
Acts 2021, 87th Leg., R.S., Ch. 855 (S.B. 799), Sec. 6, eff. September 1, 2021.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle D - State Purchasing and General Services › Chapter 2155 - Purchasing: General Rules and Procedures › Subchapter B. General Purchasing Requirements, Procedures, and Programs › Section 2155.0755. Verification of Use of Best Value Standard

Sec. 2155.0755.  VERIFICATION OF USE OF BEST VALUE STANDARD.  (a)  The contract manager or procurement director of each state agency shall:
(1)  approve each state agency contract for which the agency is required to purchase goods or services using the best value standard;
(2)  ensure that, for each contract, the agency documents the best value standard used for the contract; and
(3)  acknowledge in writing that the agency complied with the agency's and comptroller's contract management guide in the purchase.
(b)  For each purchase of goods or services for which a state agency is required to use the best value standard, the comptroller shall ensure that the agency includes in the vendor performance tracking system established under Section 2262.055 information on whether the vendor satisfied that standard.
Added by Acts 2015, 84th Leg., R.S., Ch. 326 (S.B. 20), Sec. 10, eff. September 1, 2015.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle D - State Purchasing and General Services › Chapter 2155 - Purchasing: General Rules and Procedures › Subchapter B. General Purchasing Requirements, Procedures, and Programs › Section 2155.076. Protest Procedures

Sec. 2155.076.  PROTEST PROCEDURES.  (a)  The comptroller and each state agency by rule shall develop and adopt protest procedures for resolving vendor protests relating to purchasing issues.  An agency's rules must be consistent with the comptroller's rules.  The rules must include standards for maintaining documentation about the purchasing process to be used in the event of a protest.
(b)  A state agency that is not subject to Chapter 2001 shall provide public notice of its proposed and adopted protest rules and provide a procedure for public comment on the proposed rules.
Added by Acts 1997, 75th Leg., ch. 1206, Sec. 6, eff. Sept. 1, 1997.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1071 (H.B. 1524), Sec. 15, eff. September 1, 2019.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle D - State Purchasing and General Services › Chapter 2155 - Purchasing: General Rules and Procedures › Subchapter B. General Purchasing Requirements, Procedures, and Programs › Section 2155.079. Buying Under Contract Established by Agency Other Than Comptroller

Sec. 2155.079.  BUYING UNDER CONTRACT ESTABLISHED BY AGENCY OTHER THAN COMPTROLLER.  (a)  The comptroller shall adopt rules specifying the circumstances under which it is advantageous for the state to allow a state agency to purchase goods or services under a contract made by another state agency other than the comptroller, including as provided under Subchapter I.
(b)  If comptroller rules allow other agencies to make purchases under a contract entered into by an agency using delegated purchasing authority, the agency purchasing under delegated authority may offer the goods or services available under the contract to other agencies only if the agency first:
(1)  establishes that the goods or services being offered under its contract are not available under a contract administered by the comptroller; and
(2)  informs the comptroller of the terms of the contract and the capabilities of the vendor.
Added by Acts 1997, 75th Leg., ch. 1206, Sec. 6, eff. Sept. 1, 1997.  Amended by Acts 2001, 77th Leg., ch. 1422, Sec. 2.02, eff. Sept. 1, 2001.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1071 (H.B. 1524), Sec. 17, eff. September 1, 2019.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle D - State Purchasing and General Services › Chapter 2155 - Purchasing: General Rules and Procedures › Subchapter B. General Purchasing Requirements, Procedures, and Programs › Section 2155.080. Advisory Committee on Procurement

Sec. 2155.080.  ADVISORY COMMITTEE ON PROCUREMENT.  (a)  The comptroller may establish an advisory committee on procurement.  The purpose of the committee is to represent before the comptroller the state agency purchasing community and the political subdivisions that use the comptroller's purchasing services.
(b)  The committee is composed of officers or employees from the comptroller, from state agencies, including institutions of higher education, and from political subdivisions who are invited by the comptroller to serve on the committee.  The comptroller shall invite officers and employees who are experienced in public purchasing, in public finance, or who possess other appropriate expertise to serve on the committee.  Service on the committee is an additional duty of the member's public office or employment.  Chapter 2110 does not apply to the size or composition of the committee.  The comptroller shall set staggered terms for the members of the committee.
(c)  The committee may establish its own rules of operation.
(d)  The committee shall recommend improvements in comptroller or state agency purchasing practices to the comptroller.  The committee shall review and comment on findings and recommendations related to purchasing that are made by state agency internal auditors or by the state auditor.
Added by Acts 1997, 75th Leg., ch. 1206, Sec. 6, eff. Sept.1, 1997.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1071 (H.B. 1524), Sec. 18, eff. September 1, 2019.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle D - State Purchasing and General Services › Chapter 2155 - Purchasing: General Rules and Procedures › Subchapter B. General Purchasing Requirements, Procedures, and Programs › Section 2155.081. Vendor Advisory Committee

Sec. 2155.081.  VENDOR ADVISORY COMMITTEE.  (a)  The comptroller may establish a vendor advisory committee.  The purpose of the committee is to represent before the comptroller the vendor community, to provide information to vendors, and to obtain vendor input on state procurement practices.
(b)  The committee is composed of employees from the comptroller and vendors who have done business with the state who are invited by the comptroller to serve on the committee.  The comptroller shall invite a cross-section of the vendor community to serve on the committee, inviting both large and small businesses and vendors who provide a variety of different goods and services to the state.  Chapter 2110 does not apply to the size or composition of the committee.  The comptroller shall set staggered terms for the members of the committee.
(c)  The committee may establish its own rules of operation but shall post notice of and hold its meetings in accordance with Chapter 551.
Added by Acts 1997, 75th Leg., ch. 1206, Sec. 6, eff. Sept. 1, 1997.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1071 (H.B. 1524), Sec. 19, eff. September 1, 2019.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle D - State Purchasing and General Services › Chapter 2155 - Purchasing: General Rules and Procedures › Subchapter B. General Purchasing Requirements, Procedures, and Programs › Section 2155.082. Providing Certain Purchasing Services on Fee-for-Service Basis or Through Benefit Funding

Sec. 2155.082.  PROVIDING CERTAIN PURCHASING SERVICES ON FEE-FOR-SERVICE BASIS OR THROUGH BENEFIT FUNDING.  (a)  The comptroller may provide open market purchasing services on a fee-for-service basis for state agency purchases that are delegated to an agency under Section 2155.131, 2155.132, or 2157.121 or that are exempted from the purchasing authority of the comptroller.  The comptroller shall set the fees in an amount that recovers the comptroller's costs in providing the services.
(b)  The comptroller shall  publish a schedule of fees for services that are subject to this section.  The schedule must include the comptroller's fees for:
(1)  reviewing bid and contract documents for clarity, completeness, and compliance with laws and rules;
(2)  developing and transmitting invitations to bid;
(3)  receiving and tabulating bids;
(4)  evaluating and determining which bidder offers the best value to the state;
(5)  creating and transmitting purchase orders; and
(6)  participating in agencies' request for proposal processes.
(c)  If the state agency on behalf of which the procurement is to be made agrees, the comptroller may engage a consultant to assist with a particular procurement on behalf of a state agency and pay the consultant from the cost savings realized by the state agency.
Added by Acts 1997, 75th Leg., ch. 1206, Sec. 6, eff. Sept. 1, 1997.
Amended by:
Acts 2011, 82nd Leg., 1st C.S., Ch. 4 (S.B. 1), Sec. 32.01, eff. September 28, 2011.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle D - State Purchasing and General Services › Chapter 2155 - Purchasing: General Rules and Procedures › Subchapter B. General Purchasing Requirements, Procedures, and Programs › Section 2155.084. Purchases From Federal Government

Sec. 2155.084.  PURCHASES FROM FEDERAL GOVERNMENT.  (a)  The comptroller or the governing body of an institution of higher education may negotiate purchases of goods of any kind needed by a state agency or the institution of higher education with the appropriate agency of the federal government.  The governing body of an institution of higher education may act under this section either directly or through the comptroller or another state agency.
(b)  The price of goods that are purchased from the federal government may not exceed the fair market value of the goods.
(c)  In negotiating purchases of goods from the federal government under this section or under Subchapter G, Chapter 2175, the comptroller or the governing body of the institution of higher education may waive the requirement of a bidder's bond and performance bond that otherwise would be required.
Added by Acts 1999, 76th Leg., ch. 1499, Sec. 1.16, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 816, Sec. 3, eff. Sept. 1, 2001;  Acts 2003, 78th Leg., ch. 1276, Sec. 9.020(h), eff. Sept. 1, 2003.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1071 (H.B. 1524), Sec. 21, eff. September 1, 2019.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle D - State Purchasing and General Services › Chapter 2155 - Purchasing: General Rules and Procedures › Subchapter B. General Purchasing Requirements, Procedures, and Programs › Section 2155.085. Reverse Auction Procedure

Sec. 2155.085.  REVERSE AUCTION PROCEDURE.  (a)  The comptroller shall:
(1)  purchase goods or services using the reverse auction procedure whenever:
(A)  the procedure provides the best value to the state; or
(B)  all purchasing methods provide equal value to the state;
(2)  offer historically underutilized businesses assistance and training relating to the reverse auction procedure; and
(3)  advise historically underutilized businesses on contracts available using the reverse auction procedure.
(b)  The comptroller shall set a goal of purchasing at least 20 percent of the dollar value of goods or services purchased by the comptroller using the reverse auction procedure.
Added by Acts 2005, 79th Leg., Ch. 1013 (H.B. 908), Sec. 2, eff. September 1, 2005.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1071 (H.B. 1524), Sec. 22, eff. September 1, 2019.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle D - State Purchasing and General Services › Chapter 2155 - Purchasing: General Rules and Procedures › Subchapter B. General Purchasing Requirements, Procedures, and Programs › Section 2155.088. Material Changes to Contracts

Sec. 2155.088.  MATERIAL CHANGES TO CONTRACTS.  (a)  Notwithstanding any other law, the performance of a contract for goods or services awarded under this chapter must substantially comply with the terms contained in the written solicitation for the contract and the terms considered in awarding the contract, including terms regarding cost of materials or labor, duration, price, schedule, and scope.
(b)  After a contract for goods or services is awarded under this chapter, the governing body of a state agency, if applicable, must hold a meeting to consider a material change to the contract and why that change is necessary.  For purposes of this section, a material change includes:
(1)  extending the length of or postponing the completion of a contract for six months or more; or
(2)  increasing the total consideration to be paid under a contract by at least 10 percent, including by substituting certain goods, materials, products, or services.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1404 (H.B. 3648), Sec. 1, eff. June 14, 2013.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle D - State Purchasing and General Services › Chapter 2155 - Purchasing: General Rules and Procedures › Subchapter B. General Purchasing Requirements, Procedures, and Programs › Section 2155.089. Reporting Vendor Performance

Sec. 2155.089.  REPORTING VENDOR PERFORMANCE.  (a)  After a contract is completed or otherwise terminated, each state agency shall review the vendor's performance under the contract.  If the value of the contract exceeds $5 million, the state agency shall review the vendor's performance:
(1)  at least once each year during the term of the contract; and
(2)  at each key milestone identified for the contract.
(b)  The state agency shall report to the comptroller, using the tracking system established by Section 2262.055, on the results of each review conducted under Subsection (a) regarding a vendor's performance under a contract.
(b-1)  A state agency may not extend a vendor's contract until after the agency reports the results of each review of the vendor conducted under Subsection (a)(1) or (2), as applicable, in the manner prescribed by Subsection (b).
(c)  This section does not apply to:
(1)  an enrollment contract described by 1 T.A.C. Section 391.183 as that section existed on September 1, 2015;
(2)  a contract of the Employees Retirement System of Texas except for a contract with a nongovernmental entity for claims administration of a group health benefit plan under Subtitle H, Title 8, Insurance Code;
(3)  a contract entered into by:
(A)  the comptroller under Section 2155.061;
(B)  the Department of Information Resources under Section 2157.068; or
(C)  a university system or an institution of higher education, as those terms are defined by Section 61.003, Education Code; or
(4)  a child-specific contract entered into by the Department of Family and Protective Services for a child without placement.
Added by Acts 2015, 84th Leg., R.S., Ch. 326 (S.B. 20), Sec. 13, eff. September 1, 2015.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 953 (S.B. 65), Sec. 15, eff. September 1, 2019.
Acts 2021, 87th Leg., R.S., Ch. 621 (S.B. 1896), Sec. 14, eff. June 14, 2021.
Acts 2021, 87th Leg., R.S., Ch. 855 (S.B. 799), Sec. 7, eff. September 1, 2021.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle D - State Purchasing and General Services › Chapter 2155 - Purchasing: General Rules and Procedures › Subchapter B. General Purchasing Requirements, Procedures, and Programs › Section 2155.090. Vendor and Employee Interaction and Communication Policy

Sec. 2155.090.  VENDOR AND EMPLOYEE INTERACTION AND COMMUNICATION POLICY.  (a)  The comptroller shall update a contract management guide to include policies on the interactions and communication between employees of the state agency and a vendor that contracts with the state agency or seeks to conduct business with the state agency.
(b)  This subtitle does not prohibit the exchange of information between a state agency and a vendor related to future solicitations or as necessary to monitor an existing contract.
Added by Acts 2017, 85th Leg., R.S., Ch. 556 (S.B. 533), Sec. 6, eff. September 1, 2017.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle D - State Purchasing and General Services › Chapter 2155 - Purchasing: General Rules and Procedures › Subchapter B. General Purchasing Requirements, Procedures, and Programs › Section 2155.091. Chief Procurement Officer: Powers and Duties

Sec. 2155.091.  CHIEF PROCUREMENT OFFICER:  POWERS AND DUTIES.  (a)  The comptroller shall employ a chief procurement officer to serve as the chief procurement officer for this state.
(b)  The chief procurement officer has authority over state agency procurement, including the authority to:
(1)  analyze state purchasing data to leverage state purchasing power;
(2)  provide functional support to state agencies;
(3)  provide training on state purchasing and contract management;
(4)  review major contract solicitations for information technology projects monitored by the quality assurance team under Section 2054.158;
(5)  review solicitations for major contracts reviewed by the Contract Advisory Team under Section 2262.101;
(6)  delegate to a state agency authority to contract for the purchase of a good or service valued in an amount specified by comptroller rule; and
(7)  provide leadership on procurement issues.
(c)  A state agency shall comply with any request for information from the chief procurement officer necessary to conduct the analysis authorized by Subsection (b)(1).
(d)  The chief procurement officer shall coordinate with the Department of Information Resources and the quality assurance team to conduct a contract solicitation review required by Subsection (a)(4) and make appropriate recommendations to the comptroller and legislature based on the review.  This section grants the chief procurement officer authority only to review a contract solicitation.  The Department of Information Resources or the appropriate state agency retains the authority to award a statewide information resources contract as authorized by law.
(e)  The chief procurement officer shall coordinate with the Contract Advisory Team to conduct the review required by Section 2262.101.  A state agency shall comply with any request for information by the chief procurement officer that is necessary to conduct the review.
Added by Acts 2017, 85th Leg., R.S., Ch. 556 (S.B. 533), Sec. 6, eff. September 1, 2017.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle D - State Purchasing and General Services › Chapter 2155 - Purchasing: General Rules and Procedures › Subchapter C. Delegations of and Exclusions From Comptroller's Purchasing Authority and Certain Exemptions From Competitive Bidding › Section 2155.131. Delegation of Authority to State Agencies

Sec. 2155.131.  DELEGATION OF AUTHORITY TO STATE AGENCIES.  The comptroller may delegate purchasing functions to a state agency.
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. 24, eff. September 1, 2019.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle D - State Purchasing and General Services › Chapter 2155 - Purchasing: General Rules and Procedures › Subchapter C. Delegations of and Exclusions From Comptroller's Purchasing Authority and Certain Exemptions From Competitive Bidding › Section 2155.136. Purchase of Certain Medical Equipment by Medical or Dental Unit

Sec. 2155.136.  PURCHASE OF CERTAIN MEDICAL EQUIPMENT BY MEDICAL OR DENTAL UNIT.  (a)  A medical or dental unit listed under Section 61.003, Education Code, may purchase through the use of competitive sealed proposals:
(1)  prototypes of medical equipment not yet available on the market;
(2)  medical equipment so new to the market that its benefits are not fully known;  and
(3)  major medical equipment that is so technically complex that development of specifications for competitive bidding is not feasible.
(b)  To make a purchase under this section, the medical or dental unit must:
(1)  follow the competitive sealed proposals procedures under Subchapter C, Chapter 2157, and comptroller rules on the use of competitive sealed proposals; and
(2)  submit to the comptroller a written finding that competitive sealed bidding or informal competitive bidding is not practical or is disadvantageous to the state for the proposed acquisition.
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. 26, eff. September 1, 2019.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle D - State Purchasing and General Services › Chapter 2155 - Purchasing: General Rules and Procedures › Subchapter C. Delegations of and Exclusions From Comptroller's Purchasing Authority and Certain Exemptions From Competitive Bidding › Section 2155.137. Emergency Purchases

Sec. 2155.137.  EMERGENCY PURCHASES.  (a)  The comptroller shall provide for emergency purchases by a state agency and may set a monetary limit on the amount of an emergency purchase.
(b)  The provisions of Section 2161.181 relating to historically underutilized businesses apply to an emergency purchase made under this section.
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. 27, eff. September 1, 2019.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle D - State Purchasing and General Services › Chapter 2155 - Purchasing: General Rules and Procedures › Subchapter C. Delegations of and Exclusions From Comptroller's Purchasing Authority and Certain Exemptions From Competitive Bidding › Section 2155.138. Exemption of Goods or Services of Blind or Visually Impaired Persons

Sec. 2155.138.  EXEMPTION OF GOODS OR SERVICES OF BLIND OR VISUALLY IMPAIRED PERSONS.  (a)  The competitive bidding provisions of this chapter do not apply to a state purchase of goods or services that:
(1)  are made or provided by blind or visually impaired persons;
(2)  are offered for sale to a state agency through efforts made under Chapter 122, Human Resources Code;
(3)  meet state specifications for quantity, quality, delivery, and life cycle costs; and
(4)  cost not more than the fair market price of similar items.
(b)  The Texas Workforce Commission shall test the goods and services to the extent necessary to ensure quality.  The Texas Workforce Commission may enter into a contract with a private or public entity to assist with testing.
(c)  The comptroller shall make awards under this section based on proposed goods and services meeting formal state specifications developed by the comptroller or meeting commercial specifications approved by the comptroller.
Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 1997, 75th Leg., ch. 1206, Sec. 9, eff. Sept. 1, 1997.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 672 (S.B. 212), Sec. 1, eff. September 1, 2015.
Acts 2019, 86th Leg., R.S., Ch. 1071 (H.B. 1524), Sec. 28, eff. September 1, 2019.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle D - State Purchasing and General Services › Chapter 2155 - Purchasing: General Rules and Procedures › Subchapter C. Delegations of and Exclusions From Comptroller's Purchasing Authority and Certain Exemptions From Competitive Bidding › Section 2155.139. Exemption for Certain Libraries and Health Facilities

Sec. 2155.139.  EXEMPTION FOR CERTAIN LIBRARIES AND HEALTH FACILITIES.  (a)  Section 2155.061 does not apply to an acquisition if:
(1)  the acquisition is for a:
(A)  library operated as a part of a university system or institution of higher education;
(B)  library or resource-sharing program operated by the Texas State Library and Archives Commission;  or
(C)  state-owned hospital or clinic;  and
(2)  the goods or services acquired are:
(A)  serial and journal subscriptions, including electronic databases and information products;
(B)  library materials, including books not available under a statewide contract and papers;
(C)  library services, including binding services not available under a statewide contract;  or
(D)  library equipment and supplies.
(b)  Section 2155.061 does not apply to a purchase of goods by a state-owned hospital or clinic through a group purchasing program that offers purchasing services at discount prices to two or more hospital or clinic facilities if the chief executive officer of the hospital or clinic or the officer's designee certifies that the purchase of the particular goods through the group purchasing program is the most cost-effective method of purchasing available.
Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 1999, 76th Leg., ch. 91, Sec. 2, eff. Sept. 1, 1999.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle D - State Purchasing and General Services › Chapter 2155 - Purchasing: General Rules and Procedures › Subchapter C. Delegations of and Exclusions From Comptroller's Purchasing Authority and Certain Exemptions From Competitive Bidding › Section 2155.140. Purchase From Gift or Grant Not Within Comptroller's Purchasing Authority

Sec. 2155.140.  PURCHASE FROM GIFT OR GRANT NOT WITHIN COMPTROLLER'S PURCHASING AUTHORITY.  The comptroller's authority does not apply to a purchase of goods or services from a gift or grant, including an industrial or federal grant or contract in support of research.
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. 29, eff. September 1, 2019.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle D - State Purchasing and General Services › Chapter 2155 - Purchasing: General Rules and Procedures › Subchapter C. Delegations of and Exclusions From Comptroller's Purchasing Authority and Certain Exemptions From Competitive Bidding › Section 2155.141. Purchases for Auxiliary Enterprise Not Within Comptroller's Purchasing Authority

Sec. 2155.141.  PURCHASES FOR AUXILIARY ENTERPRISE NOT WITHIN COMPTROLLER'S PURCHASING AUTHORITY.  The comptroller's authority does not extend to a purchase of goods and services for an auxiliary enterprise.
Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 2003, 78th Leg., ch. 309, Sec. 7.06, eff. June 18, 2003.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1071 (H.B. 1524), Sec. 29, eff. September 1, 2019.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle D - State Purchasing and General Services › Chapter 2155 - Purchasing: General Rules and Procedures › Subchapter C. Delegations of and Exclusions From Comptroller's Purchasing Authority and Certain Exemptions From Competitive Bidding › Section 2155.143. Purchase of Care and Treatment Services by Texas Juvenile Justice Department

Sec. 2155.143.  PURCHASE OF CARE AND TREATMENT SERVICES BY TEXAS JUVENILE JUSTICE DEPARTMENT.  (a)  The Texas Juvenile Justice Department may purchase care and treatment services, including educational services, for its wards.
(b)  The Texas Juvenile Justice Department shall:
(1)  negotiate purchases under this section to achieve fair and reasonable prices at rates that do not exceed any maximum provided by law; and
(2)  select service providers according to each provider's qualifications and demonstrated competence.
Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1, 1995.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 734 (H.B. 1549), Sec. 112, eff. September 1, 2015.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle D - State Purchasing and General Services › Chapter 2155 - Purchasing: General Rules and Procedures › Subchapter C. Delegations of and Exclusions From Comptroller's Purchasing Authority and Certain Exemptions From Competitive Bidding › Section 2155.1442. Foster Care Residential Contract Management

Sec. 2155.1442.  FOSTER CARE RESIDENTIAL CONTRACT MANAGEMENT.  (a)  Subject to Subsection (e), the state auditor shall conduct a management review of the residential contract management employees of the Health and Human Services Commission and the Department of Family and Protective Services and make recommendations regarding the organization of, and skills and educational requirements for, those employees.  The state auditor shall also make recommendations regarding the implementation of financial accountability provisions and processes to ensure effective and efficient expenditure of state and other contract funds.
(b)  The Health and Human Services Commission shall contract with the state auditor to perform on-site financial audits of selected residential contractors as necessary.  The state auditor, in consultation with the commission, shall select the contractors to audit based on the contract's risk assessment rating, allegations of fraud or misuse of state or other contract funds, or other appropriate audit selection criteria.  The residential contractors selected to be audited must be included in the audit plan and approved by the legislative audit committee under Section 321.013.
(c)  The Department of Family and Protective Services shall require that all files related to contracts for residential care of foster children:
(1)  be complete and accurately reflect the contractor's actual updated contract performance; and
(2)  be maintained in accordance with the department's record retention procedures and made available to the state auditor when requested.
(d)  Subject to the availability of funds appropriated for the purpose, the Department of Family and Protective Services may develop an Internet-based system to enable residential contractors to review their reimbursement accounts or other pertinent financial data and reconcile their accounts.
(e)  Work performed under Subsections (a) and (b) by the state auditor is subject to approval by the legislative audit committee for inclusion in the audit plan under Section 321.013(c).
Added by Acts 2005, 79th Leg., Ch. 268 (S.B. 6), Sec. 1.72(a), eff. September 1, 2005.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1406 (S.B. 758), Sec. 22, eff. September 1, 2007.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle D - State Purchasing and General Services › Chapter 2155 - Purchasing: General Rules and Procedures › Subchapter C. Delegations of and Exclusions From Comptroller's Purchasing Authority and Certain Exemptions From Competitive Bidding › Section 2155.145. Certain Purchases by Texas Commission on Environmental Quality

Sec. 2155.145.  CERTAIN PURCHASES BY TEXAS COMMISSION ON ENVIRONMENTAL QUALITY.  The Texas Commission on Environmental Quality is delegated all purchasing functions relating to the administration of Subchapters F and I, Chapter 361, Health and Safety Code, subject to the rules adopted by the comptroller under Section 2155.132(c).
Added by Acts 1997, 75th Leg., ch. 793, Sec. 16, eff. Sept. 1, 1997.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1071 (H.B. 1524), Sec. 31, eff. September 1, 2019.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle D - State Purchasing and General Services › Chapter 2155 - Purchasing: General Rules and Procedures › Subchapter C. Delegations of and Exclusions From Comptroller's Purchasing Authority and Certain Exemptions From Competitive Bidding › Section 2155.146. Certain Purchases by Employees Retirement System of Texas

Sec. 2155.146.  CERTAIN PURCHASES BY EMPLOYEES RETIREMENT SYSTEM OF TEXAS.  (a)  The Employees Retirement System of Texas is delegated all purchasing functions relating to the purchase of goods or services from funds other than general revenue funds for a purpose the retirement system determines relates to the fiduciary duties of the retirement system.
(b)  The Employees Retirement System of Texas shall acquire goods or services by any procurement method approved by the board of trustees of the retirement system that provides the best value to the retirement system.  The retirement system shall consider the best value standards enumerated in Section 2155.074, as added by Chapter 1206, Acts of the 75th Legislature, Regular Session, 1997.
(c)  The comptroller shall procure goods or services for the Employees Retirement System of Texas at the request of the retirement system, and the retirement system may use the services of the comptroller in procuring goods or services.
Added by Acts 1999, 76th Leg., ch. 1541, Sec. 55, eff. Sept. 1, 1999.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1071 (H.B. 1524), Sec. 32, eff. September 1, 2019.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle D - State Purchasing and General Services › Chapter 2155 - Purchasing: General Rules and Procedures › Subchapter C. Delegations of and Exclusions From Comptroller's Purchasing Authority and Certain Exemptions From Competitive Bidding › Section 2155.147. Certain Purchases by General Land Office

Sec. 2155.147.  CERTAIN PURCHASES BY GENERAL LAND OFFICE.  (a)  The General Land Office is delegated all purchasing functions relating to purchases under Section 33.603, Natural Resources Code, including coastal erosion studies, demonstration studies, and response projects.
(b)  The General Land Office shall acquire goods and services by any procurement method that provides the best value to the land office.  The land office shall consider the best value standards provided by Section 2155.074.
(c)  The comptroller shall procure goods and services for the General Land Office at the request of the land office, and the land office may use the services of the comptroller in procuring goods and services.
Added by Acts 2001, 77th Leg., ch. 1076, Sec. 1, eff. June 15, 2001.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1071 (H.B. 1524), Sec. 33, eff. September 1, 2019.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle D - State Purchasing and General Services › Chapter 2155 - Purchasing: General Rules and Procedures › Subchapter C. Delegations of and Exclusions From Comptroller's Purchasing Authority and Certain Exemptions From Competitive Bidding › Section 2155.148. Certain Purchases for Texas Emergency Services Retirement System

Sec. 2155.148.  CERTAIN PURCHASES FOR TEXAS EMERGENCY SERVICES RETIREMENT SYSTEM.  (a)  The Texas Emergency Services Retirement System is delegated all purchasing functions relating to the purchase of goods or services from funds other than general revenue funds for a purpose the state board of trustees of the Texas Emergency Services Retirement System determines relates to the fiduciary duties of the retirement system.
(b)  The Texas Emergency Services Retirement System shall acquire goods or services by any procurement method approved by the state board of trustees of the Texas Emergency Services Retirement System that provides the best value to the retirement system.  The retirement system shall consider the best value standards provided by Section 2155.074.
(c)  The comptroller shall procure goods or services for the Texas Emergency Services Retirement System at the request of the retirement system, and the retirement system may use the services of the comptroller in procuring goods or services.
Added by Acts 2003, 78th Leg., ch. 309, Sec. 7.08, eff. June 18, 2003.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 1316 (S.B. 220), Sec. 3.04, eff. June 14, 2013.
Acts 2019, 86th Leg., R.S., Ch. 1071 (H.B. 1524), Sec. 34, eff. September 1, 2019.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle D - State Purchasing and General Services › Chapter 2155 - Purchasing: General Rules and Procedures › Subchapter C. Delegations of and Exclusions From Comptroller's Purchasing Authority and Certain Exemptions From Competitive Bidding › Section 2155.149. Certain Purchases by Veterans' Land Board

Sec. 2155.149.  CERTAIN PURCHASES BY VETERANS' LAND BOARD.  (a)  The Veterans' Land Board is delegated all purchasing functions relating to veterans homes and veterans cemeteries.
(b)  The Veterans' Land Board shall acquire goods and services under Subsection (a) by any procurement method that provides the best value to the Veterans' Land Board.  The Veterans' Land Board shall consider the best value standards listed in Section 2155.074.
(c)  At the request of the Veterans' Land Board, the comptroller shall procure goods and services described by Subsection (a) for the Veterans' Land Board.  The Veterans' Land Board may use the services of the comptroller in procuring goods and services described by Subsection (a).
Added by Acts 2005, 79th Leg., Ch. 17 (S.B. 581), Sec. 1, eff. September 1, 2005.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1071 (H.B. 1524), Sec. 35, eff. September 1, 2019.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle D - State Purchasing and General Services › Chapter 2155 - Purchasing: General Rules and Procedures › Subchapter C. Delegations of and Exclusions From Comptroller's Purchasing Authority and Certain Exemptions From Competitive Bidding › Section 2155.150. Certain Purchases by Railroad Commission of Texas

Sec. 2155.150.  CERTAIN PURCHASES BY RAILROAD COMMISSION OF TEXAS.  (a)  The Railroad Commission of Texas is delegated all purchasing functions relating to purchases under:
(1)  Chapter 89, Natural Resources Code;
(2)  Sections 81.067 and 81.068, Natural Resources Code; and
(3)  Chapters 131 and 134, Natural Resources Code.
(b)  The Railroad Commission of Texas shall acquire goods and services, under Subsection (a), by any procurement method that provides the best value to the railroad commission.  The railroad commission shall consider the best value standards listed in Section 2155.074.
(c)  The comptroller shall procure goods and services, under Subsection (a), for the Railroad Commission of Texas at the request of the railroad commission, and the railroad commission may use the services of the comptroller in procuring goods and services.
Added by Acts 2005, 79th Leg., Ch. 514 (H.B. 773), Sec. 1, eff. September 1, 2005.
Renumbered from Government Code, Section 2155.149 by Acts 2007, 80th Leg., R.S., Ch. 921 (H.B. 3167), Sec. 17.001(42), eff. September 1, 2007.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093), Sec. 9.019, eff. September 1, 2013.
Acts 2019, 86th Leg., R.S., Ch. 28 (S.B. 1587), Sec. 1, eff. September 1, 2019.
Acts 2019, 86th Leg., R.S., Ch. 1071 (H.B. 1524), Sec. 36, eff. September 1, 2019.