Bill Text: TX SB1793 | 2019-2020 | 86th Legislature | Comm Sub

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to purchasing and contracting by governmental entities; authorizing fees.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Vetoed) 2019-06-15 - Vetoed by the Governor [SB1793 Detail]

Download: Texas-2019-SB1793-Comm_Sub.html
 
 
  By: Zaffirini  S.B. No. 1793
         (In the Senate - Filed March 7, 2019; March 18, 2019, read
  first time and referred to Committee on Business & Commerce;
  April 24, 2019, reported favorably by the following vote:  Yeas 9,
  Nays 0; April 24, 2019, sent to printer.)
Click here to see the committee vote
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to purchasing and contracting by governmental entities;
  authorizing fees.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 2155.510, Government Code, is amended to
  read as follows:
         Sec. 2155.510.  REBATES. (a)  The comptroller [commission]
  may collect a rebate from a vendor under a contract listed on a
  schedule developed under this subchapter.
         (b)  The comptroller shall notify a state agency purchasing a
  good or service through a contract listed on a schedule developed
  under this subchapter of the percentage used to calculate the
  rebate authorized under Subsection (a) [If a purchase resulting in
  a rebate under this section is made in whole or in part with federal
  funds, the commission shall ensure that, to the extent the purchase
  was made with federal funds, the appropriate portion of the rebate
  is reported to the purchasing agency for reporting and
  reconciliation purposes with the appropriate federal funding
  agency].
         SECTION 2.  Section 2171.055, Government Code, is amended by
  adding Subsections (k) and (l) to read as follows:
         (k)  An officer or employee of a local workforce development
  board who is engaged in official board business may participate in
  the comptroller's contract for travel services. The comptroller
  may charge a participating board a fee not to exceed the costs
  incurred by the comptroller in providing services under this
  subsection. The comptroller shall periodically review the fees and
  adjust the fees as necessary to ensure recovery of costs incurred in
  providing services to a local workforce development board under
  this subsection.  In this subsection, "local workforce development
  board" means a local workforce development board created under
  Chapter 2308. 
         (l)  An officer or employee of a governmental entity who is
  engaged in official business of the governmental entity may
  participate in the comptroller's contract for travel services. The
  comptroller may charge a participating governmental entity a fee
  not to exceed the costs incurred by the comptroller in providing
  services under this subsection. The comptroller shall periodically
  review the fees and adjust the fees as necessary to ensure recovery
  of costs incurred in providing services to governmental entities
  under this subsection.  This subsection applies only to a
  governmental entity that is a party to a compact, interagency
  agreement, or cooperative purchasing agreement under Section
  2156.181.
         SECTION 3.  Section 2252.002, Government Code, as amended by
  Chapters 1127 (H.B. 1050) and 1404 (H.B. 3648), Acts of the 83rd
  Legislature, Regular Session, 2013, is reenacted to read as
  follows:
         Sec. 2252.002.  AWARD OF CONTRACT TO NONRESIDENT BIDDER.  A
  governmental entity may not award a governmental contract to a
  nonresident bidder unless the nonresident underbids the lowest bid
  submitted by a responsible resident bidder by an amount that is not
  less than the greater of the following:
               (1)  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 the nonresident's principal place of
  business is located; or
               (2)  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 a majority of the manufacturing
  relating to the contract will be performed.
         SECTION 4.  Section 2262.004, Government Code, is amended by
  adding Subsection (e) to read as follows:
         (e)  This section does not apply to an attorney who:
               (1)  holds a license to practice law in this state; and
               (2)  has not been disciplined by the State Bar of Texas
  for a violation of the Texas Disciplinary Rules of Professional
  Conduct.
         SECTION 5.  This Act takes effect September 1, 2019.
 
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