Purchasing Legislation Update

Texas Association of Community College Business Officers

Presented by: Janet Hasty, CPPO, CTPMGovernment Procurement Services

83rd Legislative Session

Began January 8, 2013

Ended May 27, 2013

June 16, 2013 – Enrolled billswill become law unless vetoed by the Governor

No significant purchasing changes

HB 194 – Farias

TGC 2161 – Disabled Veterans HUB Designee

Amends current law relating to the consideration of ownership interests of disabled veterans in determining whether a business is a historically underutilized business (HUB) for purposes of state contracting.

Defined as a 20% service-connected disability.

HB 586 – Workman

Title Five, Civil Practice and Remedies Code, Chapter 114 – Sovereign Immunity

Amends current law relating to the waiver of sovereign immunity for certain design and construction claims arising under written contracts with state agencies.

HB 768 – Howard

TGC 2267 – Infrastructure Contracting

Current laws allows public-private partnerships in the creation of projects for which there is a public need.

Adds “technology facility” to allow such partnerships to create projects such as technology incubators and cloud computing facilities.

HB 1050 – Callegari

TGC 791 & 2267 – Construction Contracting

§791 limits the use of “purchasing cooperatives” for roofing materials or services to <50K unless plans and specs are prepared or certified as not required.

§2267 adds requirements for alternative delivery methods.

HB 1487 – Harper-Brown

TGC 403 – Posting State Grant Information on the Internet

Adds state grant expenditures to information required on the State of Texas searchable online database.

Grants >$25K must post on agency website the reason the grant was awarded.

HB 1726 – Bohac

TGC 2172 – Shipping Logistics & Coordination Services Authorizes the CPA to contract with a vendor

to oversee shipping logistics & coordination services for all state agencies and requires the CPA to pay the contract from the anticipated cost savings.

Does not include items of extraordinary value such as museum exhibits and antiquities, fine arts or specialized materials.

HB 2473 – Deshotel

LGC 501 – Housing Facilities for Public State Colleges

Authorizes the use of tax revenue for student and faculty housing for public state colleges.

HB 2668 – Vo

TGC 551 – Meetings of Governing Boards of certain Junior College Districts

Requires Internet posting of meeting materials and broadcast of open meeting for junior college districts with >20K student enrollment.

Record broadcast and archive on district’s website.

HB 2873 – Harper-Brown

TGC 2262 – Low Risk Contracts

Requires Comptroller of Pubic Accounts (CPA) to develop a model contract management process for low risk contracts.

Not required for community colleges – but could be a good resource once developed.

HB 3648 – Harper-Brown

TGC 2252 – Nonresident Bidders Prohibits a governmental entity from awarding

to a nonresident bidder unless the nonresident underbids the lowest bid submitted by an amount not less than the greater of:▪ The amount by which a resident bidder would be

required to underbid the nonresident bidder to obtain a comparable contract in the state in which 1) the nonresident’s principal place of business is located or 2) the majority of the manufacturing related to the contract will be performed.

SB 176 – Carona

TGC 2254 – Distribution of Consultant Reports

Consultant contracts must include provisions in the contract that allow the agency to distribute the report at the agency’s discretion or post on the agency’s website.

SB 328 – Carona

TGC 651 – Entrepreneur-in-Residence Agencies may hire an entrepreneur-in-residence

to:▪ Improve outreach to the public, including HUB

businesses. ▪ Strengthen coordination and interaction between state

government and the private sector.▪ Facilitate the understanding and use of technological

advances to make state government more transparent and interactive.

▪ Implement private sector practices to make government more simpler, easier to access, more efficient, and more responsive to user.

SB 533 – Zaffirini

Education Code 51.927 – Energy Savings Performance Contracts

Requires that the Texas Higher Education Coordinating Board measure and verify cost savings to an institution of higher education under an energy savings performance contract.

SB 1093 - West

TGC 2267 & 2269 – Public Works Projects

Construction methods for public works projects will be re-designated as Chapter 2269.

The public-private partnerships chapter will remain Chapter 2267.

SB 1368 – Davis

TGC 552 & 2252 – Public Information

Updated language to include e-mail, Internet posting, text message, instant message and other electronic communications.

Requires that contracts with vendors be written so they comply with Public Information Act.

SB 1604 -Zaffirini

Education Code 73 – Contracts A provision required by applicable law to be

included in the contract is considered to be part of the contract without regard to whether the provision appears on the face of the contract or whether the contract includes provisions to the contrary.

Education Code 64 – Asset Management Addresses certain asset management, asset

acquisition, and institution administration and management issues.

SB 1681 – Zaffirini

TGC 2262 – Contract Management Training

Comptroller shall certify contract managers who have completed the contract manager training.

Comptroller shall provide abbreviated training for members of the governing bodies of state agencies.

Not required for community colleges but may be of interest.

What Do I Do Now?

Review new statutes with your Legal Department to discuss: Understanding and Interpretation Application and Impact Implementation

Develop new policies or procedures to comply with new statutes.

Disseminate information to the appropriate parties.

Reference

Texas Legislature Online http://www.capitol.state.tx.us/

Government Procurement Services - Legislative Watch Procurement Related Bills http://www.gpstraining.biz/government_

procurement__training_services_news.php

Questions?Questions?

Thank You!

Janet Hasty, CPPO, CTPM

Government Procurement ServicesE-mail: janet@gpstraining.biz

Phone: 888-254-7715Website: www.gpstraining.biz