(b) The comptroller by rule may delegate to a state agency the authority to purchase goods and services if the purchase exceeds $50,000. September 1, 2005. Acts 2019, 86th Leg., R.S., Ch. (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. 1071 (H.B. Acts 2019, 86th Leg., R.S., Ch. 1206, Sec. Code, 2001 and 2002). SCHEDULE AND BULK PURCHASING. September 1, 2019. Historically Underutilized Business (HUB) Program Added by Acts 1995, 74th Leg., ch. AGENCY SOLICITATION OF BIDS OR PROPOSALS FOR ACQUISITION OVER $25,000. Renumbered from Sec. 785, Sec. (e) This section does not create a cause of action to contest a bid or award of a state contract. (2) "Group purchasing program" means a program administered by a business entity that offers discount prices on goods and services to participants in the program. 40, eff. (2) any other governmental entity in any state. Texas Administrative Code - Secretary of State of Texas 48, eff. 48 (H.B. Acts 2019, 86th Leg., R.S., Ch. 1.117(5), eff. 326 (S.B. Added by Acts 1995, 74th Leg., ch. 1524), Sec. (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: (3) the quality and reliability of the goods and services; (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. 2155.506. Sec. Sec. Chapter 2110 does not apply to the size or composition of the committee. Texas Comptroller Glenn Hegar Announces Commitment of Federal Funding Sept. 1, 1999. A nongovernmental entity may use information posted in the business daily in providing a service that is more than only the downloading of information from the business daily, including a service by which appropriate bidders or offerors are matched with information that is relevant to those bidders or offerors, and may charge a lawful fee that the entity considers appropriate for the service. 1071 (H.B. (3) the historically underutilized business or small business provides that written authorization to the comptroller. Acts 2019, 86th Leg., R.S., Ch. Texas Administrative Code: TITLE 34: PUBLIC FINANCE: PART 1: COMPTROLLER OF PUBLIC ACCOUNTS . September 1, 2007. 241 (H.B. 2155.074. Acts 2015, 84th Leg., R.S., Ch. 2155.323. 2155.502. Added by Acts 2001, 77th Leg., ch. The comptroller by rule may adopt appropriate standards developed by a nationally recognized standards-making association as part of its specifications and standards program. September 1, 2019. Acts 2011, 82nd Leg., R.S., Ch. Renumbered from Sec. 1499, Sec. June 15, 2001. 41, Sec. (2) "Hurricane Katrina" means the hurricane of that name that struck the gulf coast region of the United States in August 2005. 799), Sec. (2) the cost of the good or service does not exceed the cost of other similar products or services that are not produced in an economically depressed or blighted area. 41, Sec. 2155.066. REVIEW OF SPECIFICATIONS. The Secretary of State does not interpret or enforce the. The comptroller shall set the fees in an amount that recovers the comptroller's costs in providing the services. 75(2), eff. Amended by Acts 1997, 75th Leg., ch. Sec. 1071 (H.B. Sec. (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. PURCHASE OF CERTAIN MEDICAL EQUIPMENT BY MEDICAL OR DENTAL UNIT. using the TAC Viewer. Renumbered from Government Code Sec. (f) The comptroller and other state agencies may not charge a fee designed to recover the cost of preparing and gathering the information that is published in the business daily. 38, eff. 2155.451. (e) To accommodate businesses that do not have the technical means to access the business daily, governmental and nongovernmental entities such as public libraries, chambers of commerce, trade associations, small business development centers, economic development departments of local governments, and state agencies may provide public access to the business daily. 3.11, eff. STATEWIDE OR REGIONAL SERVICES CONTRACTS; STUDIES. 1, eff. June 18, 1999. 14.01, eff. September 1, 2019. 1.09, eff. Sec. 1158, Sec. Sec. (2) soliciting bids or proposals under this subchapter. Acts 2019, 86th Leg., R.S., Ch. (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 Health and Human Services Commission may transfer the procurement functions of a health and human services agency to another appropriate state agency if it determines that transferring those functions would be advantageous to the state. 7, eff. (b) The comptroller shall compile the information reported under Subsection (a) and include the information in its report under Section 2101.011. Sept. 1, 2003. Local taxing jurisdictions (cities, counties, special purpose districts and transit authorities) can also impose up to 2 percent sales and use tax for a maximum combined rate of 8.25 percent. Added by Acts 1997, 75th Leg., ch. 426, Sec. 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. (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. September 1, 2007. Sec. 2155.266. MATERIAL CHANGES TO CONTRACTS. 2155.090. 262 (S.B. 426, Sec. September 1, 2021. 2(84), eff. This website provides you with easy access to tax forms, lookup tools and the ability to file and pay taxes. Sept. 1, 1995. 1206, Sec. Added by Acts 1995, 74th Leg., ch. (b) The comptroller and all state agencies procuring goods or services shall give preference to goods or services produced in an economically depressed or blighted area if: (1) the goods or services meet state specifications regarding quantity and quality; and. 1524), Sec. June 19, 1997. 2, eff. Acts 2009, 81st Leg., R.S., Ch. 1206, Sec. (3) advise historically underutilized businesses on contracts available using the reverse auction procedure. Acts 2019, 86th Leg., R.S., Ch. Sept. 1, 2003. 75(2), eff. September 1, 2019. PURCHASING: GENERAL RULES AND PROCEDURES. 326 (S.B. (d) The comptroller shall make the business daily available on the Internet. Texas Senate Confirms Jane Nelson as Texas Secretary of State. Added by Acts 1995, 74th Leg., ch. Acts 2019, 86th Leg., R.S., Ch. 2.01, eff. Other state agencies and institutions with experience in acquiring goods and services using the procedures allowed under Subsections (c) and (d) shall on request assist the Health and Human Services Commission to perform its functions under this section. General Information Letters and Private Letter Rulings, State Tax Automated Research (STAR) System, Historically Underutilized Business (HUB), Vendor Performance Tracking System (VPTS), Texas Procurement and Contract Management Guide, Minnie Stevens Piper Foundation College Compendium, 9.4009, Appraisal of Recreational, Park, and Scenic Land, 9.4010, Appraisal of Public Access Airport Property, 9.4001 Valuation of Open-Space and Agricultural Lands. Sales Tax Regulations | Coppell, TX (b) A state agency that intends to purchase a commodity or service that accomplishes the same purpose as a commodity or service identified under Subsection (a) that does not meet the definition of a recycled product or that is not remanufactured or environmentally sensitive, as those terms are defined by rule of the comptroller, shall include with the procurement file a written justification signed by the executive head of the agency stating the reasons for the determination that the commodity or service identified by the comptroller will not meet the requirements of the agency. House Bill 3676 made a number of changes to the chapter. (b-1) An agency to which this section applies is not delegated the authority to procure common commodities or services: (1) including goods and services acquired for direct consumption or use by the agency in the day-to-day support of the agency's administrative operations, such as office supplies and equipment, building maintenance and cleaning services, or temporary employment services; and. 75(2). 604 (S.B. Acts 2019, 86th Leg., R.S., Ch. 4, eff. (3) a scheduled item that has been designated for purchase by the comptroller. 1071 (H.B. Amended by Acts 2001, 77th Leg., ch. Sept. 1, 2001. June 15, 2001. Each title represents a subject category and related agencies are assigned to the appropriate title. Sept. 1, 1995. 64, eff. 1071 (H.B. 1266, Sec. Sept. 1, 1995. September 1, 2017. AUDIT BY STATE AUDITOR. Sec. (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. 1, eff. 5.03, eff. September 1, 2007. 41, Sec. 1, eff. 5, eff. Amended by Acts 1999, 76th Leg., ch. June 14, 2013. Acts 2007, 80th Leg., R.S., Ch. 61, eff. Each state agency shall cooperate with the comptroller in making the electronic business daily available. (c) A historically underutilized business or small business may sell or provide a service under another vendor's contract listed on a schedule developed under this subchapter if: (1) the contract is on a schedule developed under Section 2155.502; (2) the vendor for the contract authorizes in writing the historically underutilized business or small business to sell or provide a service under that contract; and. TESTING AND INSPECTION. 41, Sec. 426, Sec. (d) This section does not create a cause of action to contest a bid or award of a state contract. 1071 (H.B. Acts 2009, 81st Leg., R.S., Ch. PREFERENCE FOR PRODUCTS OF PERSONS WITH MENTAL RETARDATION OR PHYSICAL DISABILITIES. September 1, 2019. Sec. 1422, Sec. (3) assist state agencies in selecting products under Section 2158.301, as appropriate. Sept. 1, 1995. 20), Sec. September 1, 2019. 1013 (H.B. STATE OFFICERS AND EMPLOYEES CHAPTER 660. 2155.387. Amended by Acts 1997, 75th Leg., ch. Sept. 1, 1995. 1524), Sec. Acts 2013, 83rd Leg., R.S., Ch. 2155.383. DEFINITIONS. September 1, 2007. (i) Subject to Section 531.0055(c), the Health and Human Services Commission shall develop a single statewide risk analysis procedure. June 19, 1997. September 1, 2007. 5, eff. (d) If the comptroller requires a resubmission with written justification, the comptroller shall notify the requesting state agency of the requirement not later than the 10th day after the date of receiving the purchase request. (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. (a) The products of workshops, organizations, or corporations whose primary purpose is training and employing individuals having mental retardation or a physical disability shall be given preference if they meet state specifications regarding quantity, quality, delivery, life cycle costs, and price. There are 17 titles in the TAC. Acts 2007, 80th Leg., R.S., Ch. September 1, 2015. 1524), Sec. 26, eff. The comptroller, a state agency, or an entity authorized under Chapter 271, Local Government Code, or Section 2155.202 to purchase from a contract entered into under the authority of the comptroller may pay a restocking charge, cancellation fee, or other similar charge if the comptroller, state agency, or other entity determines that the charge is justifiable. PREPAYMENT FOR LIBRARY MATERIALS BY INSTITUTION OF HIGHER EDUCATION. This section does not apply to money deposited into the Texas-bred incentive fund established under Section 2028.301. June 14, 2021. Added by Acts 1997, 75th Leg., ch. Added by Acts 1997, 75th Leg., ch. Sec. Added by Acts 2017 . AUDIT OF FINANCIAL INFORMATION. September 1, 2007. Sept. 1, 1995. (b) The comptroller shall operate an effective and economical system for purchasing goods and services. Added by Acts 2005, 79th Leg., Ch. 3560), Sec. Amended by Acts 2001, 77th Leg., ch. (a) The Texas Juvenile Justice Department may purchase care and treatment services, including educational services, for its wards. 1071 (H.B. June 18, 1999; Acts 1999, 76th Leg., ch. 57, eff. Sec. June 29, 2023 . 2155.203. The Texas Administrative Code (TAC) is a compilation of all state agency rules in Texas. Sec. (b) A state agency may not accept a bid or award a contract, including a contract for which purchasing authority is delegated to a state agency, that includes proposed financial participation by a person who, during the five-year period preceding the date of the bid or award, has been: (1) convicted of violating a federal law in connection with a contract awarded by the federal government for relief, recovery, or reconstruction efforts as a result of Hurricane Rita, as defined by Section 39.459, Utilities Code, Hurricane Katrina, or any other disaster occurring after September 24, 2005; or. Each health and human services agency shall comply with the procedure. (2) "Small business" means a small business concern as defined by regulations of the United States Small Business Administration in 13 C.F.R. (a) A state agency may not accept a bid or award a contract that includes proposed financial participation by a person who received compensation from the agency to participate in preparing the specifications or request for proposals on which the bid or contract is based. June 19, 1997. 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. (b) If state law requires that a payment for the goods or services be made on a warrant drawn or an electronic funds transfer initiated by the comptroller or a state agency with delegated authority under Section 403.060, promptly after the later of the receipt of the invoice or the receipt of the goods or services, the agency shall send to the comptroller the certification, together with the financial information and purchase information provided by the invoice and purchase voucher, on a form or in the manner prescribed by the comptroller. Amended by Acts 1997, 75th Leg., ch. 19.01(57), eff. State Rules and Open Meetings. Sept. 1, 1995. 7, eff. PREFERENCE FOR CONTRACTORS PROVIDING FOODS OF HIGHER NUTRITIONAL VALUE. Acts 2021, 87th Leg., R.S., Ch. Sec. (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). You can view the effective rules at the links provided. (e) The central administration of The University of Texas System shall develop methods for sharing information concerning acquisitions made under this section, including methods for sharing the information electronically. 1071 (H.B. 39, eff. (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. September 1, 2021. 1, eff. (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. Reports are filed online. Only agreements that are or were active as of Sept. 1, 2021, when HB 2404 went into effect or agreements that have been entered into, amended or renewed . 1524), Sec. September 1, 2007. 1524), Sec. September 1, 2013. 28, eff. CERTAIN PURCHASES BY EMPLOYEES RETIREMENT SYSTEM OF TEXAS. 16, eff. (B) strategies that encourage coordination between the department and the comptroller relating to procurement functions. 1071 (H.B. Renumbered from Government Code, Section 2155.452 by Acts 2009, 81st Leg., R.S., Ch. Other state agencies may test and inspect goods and services before purchase under standard industry testing methods, or they may contract for testing. 1, eff. 1524), Sec. PURCHASE METHODS. The comptroller shall give preference to energy efficient products in purchases made under this subtitle if: (1) the products meet state specifications regarding quantity and quality; and. 937 (H.B. (b) The Texas Department of Criminal Justice shall test goods and services it sells under this section before delivery to the extent necessary to ensure quality. (c) The comptroller may, on request, test and inspect goods and services purchased by other state governmental entities on a cost recovery basis. (b-2) The Health and Human Services Commission is delegated the authority to procure goods and services related to a contract for: (1) a project to construct or expand a state hospital operated by a health and human services agency or a state supported living center as defined by Section 531.002, Health and Safety Code; or. The property remains fully taxable for the purposes of any school district debt service tax. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 1071 (H.B. 533), Sec. Sec. September 1, 2021. PURCHASES LESS THAN SPECIFIED MONETARY AMOUNT. Amended by Acts 1997, 75th Leg., ch. 309, Sec. The Health and Human Services Commission may disapprove a procurement and rate-setting procedure of a health and human services agency. 621 (S.B. Added by Acts 1995, 74th Leg., ch. 10, eff. 2155.442. (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. (c) The committee may establish its own rules of operation but shall post notice of and hold its meetings in accordance with Chapter 551. According to the Texas unclaimed property law, the Comptroller is authorized to waive the penalty or interest assessed on delinquent property, so long as the holder has made a good faith effort to comply with existing unclaimed property laws. (c) The comptroller by rule may require that purchase information be sent directly to the comptroller in circumstances under which the comptroller considers it necessary. GENERAL PROVISIONS Sec. Sept. 1, 1995. 1129 (H.B. Proposed Rules Title 34 - Texas Secretary of State 1524), Sec. 2155.007. 672 (S.B. Texas Escheat & Unclaimed Property Laws | Sovos 1524), Sec. The agency shall document that it considered all relevant factors under Subsection (d) in making the acquisition. (g) The agency may adopt rules and procedures for the acquisition of goods and services under this section. (d) A state agency shall provide appropriate information to the comptroller concerning acquisitions made by the agency under this section, but the comptroller's authority under this chapter and Chapters 2156, 2157, and 2158 does not extend to the acquisition of goods and services made under this section. 2, eff. 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; (4) evaluating and determining which bidder offers the best value to the state; (5) creating and transmitting purchase orders; and. Sept. 1, 1997. (b) The comptroller shall establish by rule a vendor classification process under which only a vendor able to make a bid or proposal on a particular purchase or other acquisition may be solicited under this subchapter. (10) assisting state agencies in increasing the volume of business placed with small businesses. 2155.505. The comptroller may not enter into a contract that conflicts with the rules described by this subsection. 1035, Sec. 17.001(42), eff. 2155.322. Acts 2019, 86th Leg., R.S., Ch. 1524), Sec. (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. (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). 773), Sec. 1.17, eff. September 1, 2019. (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. 17, eff. CERTAIN BIDS AND CONTRACTS PROHIBITED. 2.01, eff. Sept. 1, 1997. 2155.073. (b) The comptroller shall maintain the centralized master bidders list in a manner that facilitates a state agency's solicitation of vendors that serve the agency's geographic area. 2155.063. What if we have nothing to report? 4611, 88th Legislature, Regular Session, for amendments affecting the following section. (a) A state agency shall: (1) inspect and evaluate at the time of receipt all goods or services that the agency receives to determine whether the goods or services comply with the contract under which they were purchased; and. The Texas Identification Number System (TINS) validates the Social Security number (SSN), Individual Taxpayer Identification Number (ITIN) and Employer identification number (EIN) using the criteria set by the Social Security Administration (SSA) and Internal Revenue Service (IRS). (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. 1499, Sec. (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. Acts 2007, 80th Leg., R.S., Ch. (c) If a state agency determines that an individual or business entity holding a state contract was ineligible to have the bid accepted or contract awarded under this section, the state agency may immediately terminate the contract without further obligation to the vendor. 426, Sec. Each title represents a 2155.144. 3560), Sec. (b) A bid or award subject to the requirements of this section must include the following statement: "Under Section 2155.004, Government Code, the vendor certifies that the individual or business entity named in this bid or contract is not ineligible to receive the specified contract and acknowledges that this contract may be terminated and payment withheld if this certification is inaccurate.". 2155.384. Sec. Issued: Sept. 24, 2008 Updated: March 1, 2023 - Latest Updates FPP G.005 The Texas Comptroller of Public Accounts created Textravel to provide information on state travel laws and rules to state agencies and institutions of higher education. CENTRAL ADMINISTRATION SUBCHAPTER C. ADMINISTRATION 34 TAC 1.200 The Comptroller of Public Accounts proposes new 1.200, concerning state employee family leave pool. (a) The comptroller may bar a vendor from participating in state contracts that are subject to this subtitle, including contracts for which purchasing authority is delegated to a state agency, for: (1) substandard performance under a contract with the state or a state agency; (2) material misrepresentations in a bid or proposal to the state or a state agency or during the course of performing a contract with the state or a state agency; (4) breaching a contract with the state or a state agency; or. (h) A state agency making a purchase under this section for which competitive bidding is required must: (1) attempt to obtain at least three competitive bids from sources listed on the master bidders list that normally offer for sale the goods being purchased; and. MULTIPLE AWARD CONTRACT SCHEDULE. 1404 (H.B. 785, Sec. The following section was amended by the 88th Legislature. 11, eff. Sept. 1, 1997; Acts 2001, 77th Leg., ch. Sec. 4, eff. Acts 2019, 86th Leg., R.S., Ch. Acts 2019, 86th Leg., R.S., Ch. PREFERENCE FOR RUBBERIZED ASPHALT PAVING. (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). 4 (S.B. 1206, Sec. (a) This section applies only to the Health and Human Services Commission, each health and human services agency, and the Department of Family and Protective Services. You can also read previous issues of our online newsletter on this website. Sec. The following rule adoptions were posted in the Jan. 15, 2016, issue of the Texas Register. You can also read previous issues of our online newsletter on this website. Litigation has already been filed in a Texas trial court challenging the Comptroller's policies regarding internal-use software. Sec. Amended by Acts 1997, 75th Leg., ch. 41, Sec. The statement shall be made a part of the bid form. Acts 2019, 86th Leg., R.S., Ch. 20), Sec. 5.12, eff. Sept. 1, 1999. TRAVEL EXPENSES SUBCHAPTER A. The comptroller may adopt rules to efficiently and effectively administer this chapter. INTERNET AVAILABILITY. September 1, 2019. 3560), Sec. The department may enter into a contract with a private or public entity to assist with testing. Acts 2015, 84th Leg., R.S., Ch. systematic dissemination of state agency rules in 1975 with the Sept. 1, 1999. 2155.449 by Acts 2003, 78th Leg., ch. Added by Acts 1995, 74th Leg., ch. 1071 (H.B. 2155.136. The Texas Administrative Code (TAC) is a compilation of all state agency 1541, Sec. Sec. September 1, 2019. Added by Acts 1995, 74th Leg., ch. DEFINITIONS. 6.01, eff. September 1, 2019. 2155.081. 533), Sec. Sept. 1, 2001. (5) repeated unfavorable performance reviews under Section 2155.089 or repeated unfavorable classifications received by the vendor under Section 2262.055 after considering the following factors: (A) the severity of the substandard performance by the vendor; (B) the impact to the state of the substandard performance; (C) any recommendations by a contracting state agency that provides an unfavorable performance review; (D) whether debarment of the vendor is in the best interest of the state; and.
