Sec. Added by Acts 1997, 75th Leg., ch. 62, eff. September 1, 2021. September 1, 2009. September 1, 2021. (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. WAIVER. Certain of these changes attempt to retroactively preclude taxpayers from qualifying for the credit. (g) Repealed by Acts 2003, 78th Leg., ch. 3560), Sec. Added by Acts 1997, 75th Leg., ch. Added by Acts 2007, 80th Leg., R.S., Ch. 1302 (S.B. 2, eff. (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. 1.06, eff. Pending publication of the current statutes, see H.B. Exemption Verification Letter - Texas Comptroller of Public Accounts (2) "Service" means the furnishing of skilled or unskilled labor or professional work, but does not include a: (A) professional service subject to Subchapter A, Chapter 2254; (C) consulting service or service of a consultant as defined by Subchapter B, Chapter 2254; or. Sec. September 1, 2019. Acts 2007, 80th Leg., R.S., Ch. Sept. 1, 2003. Amended by Acts 1999, 76th Leg., ch. 41, Sec. 1.09, eff. Sec. (a) The comptroller may establish a vendor advisory committee. Holders are statutorily required to file an annual report to the Texas Comptroller's office for unclaimed property. (h) The Music, Film, Television, and Multimedia Office within the office of the governor has exclusive rulemaking authority for purposes of: (1) determining whether an advertising campaign is subject to the requirements of this section; (2) establishing a bid process for purposes of the services described by Subsection (f); and. USE OF SCHEDULE BY GOVERNMENTAL ENTITIES. Litigation has already been filed in a Texas trial court challenging the Comptroller's policies regarding internal-use software. September 1, 2015. 31, eff. Added by Acts 1997, 75th Leg., ch. (as required by HB 3676, 81st Legislature), 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, Form 50-826, Texas Economic Development Act Agreement, Texas Tax Code: Chapter 313, Texas Economic Development Act, Texas Administrative Code: Subchapter F, Limitation on Appraised Value and Tax Credits on Certain Qualified Property>, Texas Education Code: Sec. 1, eff. Added by Acts 1997, 75th Leg., ch. Sec. 16, eff. 2155.504. (2) require that a vendor demonstrate that the vendor meets or exceeds any state or federal environmental standards, including voluntary standards, relating to air quality. Acts 2019, 86th Leg., R.S., Ch. 41, Sec. All rules listed link to the Texas Administrative Code on the Secretary of State's website. 1499, Sec. 1180 (H.B. Sept. 1, 2001. Motor carriers may apply for an International Fuel Tax Agreement (IFTA) license quickly and easily through the Comptrollers Webfile system. 2, eff. 1524), Sec. 4, eff. (e) This section does not create a cause of action to contest a bid or award of a state contract. 1, eff. (b) Subject to Subsection (c), a state agency that purchases through the comptroller shall place orders for papers containing recycled fibers to the highest extent of its needs and to the extent that the paper is available through the comptroller's purchasing procedures. 17.001(42), eff. 1071 (H.B. 1, eff. Welcome to the Texas Administrative Code - Texas Secretary of State Each title represents a subject category and related agencies are assigned to the appropriate title. 2155.147. 1549), Sec. 1093), Sec. (a) After a contract is completed or otherwise terminated, each state agency shall review the vendor's performance under the contract. 1071 (H.B. Amended by Acts 1997, 75th Leg., ch. The prohibition of this subsection does not apply to the Texas Department of Transportation. 1, eff. 2155.503. September 1, 2019. 937 (H.B. September 1, 2007. 1071 (H.B. September 1, 2017. 161 (S.B. Acts 2019, 86th Leg., R.S., Ch. 20), Sec. for value-added services available through the web site. (c) An agency to which this section applies shall acquire goods or services by any procurement method approved by the Health and Human Services Commission that provides the best value to the agency. 1071 (H.B. "Under Section 2155.0061, 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.". 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. The minimum time for posting required by this subsection and Subsection (h) does not apply in an emergency requiring the state agency to make the procurement more quickly to prevent a hazard to life, health, safety, welfare, or property or to avoid undue additional cost to the state. 1035, Sec. 4012, 88th Legislature, Regular Session, for amendments affecting the following section. (b) The comptroller and each state agency shall make the form available to an applicant. September 1, 2019. SCHEDULE AND BULK PURCHASING. September 1, 2019. The Secretary of State does not interpret or enforce the. systematic dissemination of state agency rules in 1975 with the 1524), Sec. (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. 2155.088. 87 (S.B. (2) maintain consistency with existing purchasing standards. 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. 2155.005. 855 (S.B. Added by Acts 2007, 80th Leg., R.S., Ch. 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. Sec. the Texas Administrative Code. 1206, Sec. 1524), Sec. 2155.445. Texas Administrative Code - Secretary of State of Texas Sec. (a) In this section: (1) "Historically underutilized business" has the meaning assigned by Section 2161.001. Acts 2019, 86th Leg., R.S., Ch. Added by Acts 1995, 74th Leg., ch. Sept. 1, 1995. (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. 30.200, eff. (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. Sec. 1, eff. PURCHASES LESS THAN SPECIFIED MONETARY AMOUNT. 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. COMPLIANCE WITH ANTITRUST LAWS. Texas' Chapter 313 Program Closes, State Comptroller Covers Up Costs (a) Subject to Section 2156.181 or other law, the comptroller may enter into agreements to authorize state agencies and political subdivisions of other states to purchase goods or services through comptroller contracts. Added by Acts 1995, 74th Leg., ch. 2155.080. Other state agencies may test and inspect goods and services before purchase under standard industry testing methods, or they may contract for testing. September 1, 2017. Any such forms may be revised at the discretion of the comptroller. 1035, Sec. 1896), Sec. September 1, 2019. Added by Acts 1995, 74th Leg., ch. 1010, Sec. Added by Acts 2019, 86th Leg., R.S., Ch. 1524), Sec. (2) meets the definition of a historically underutilized business zone as defined by 15 U.S.C. Sept. 1, 2001; Acts 2003, 78th Leg., ch. CERTAIN CONTRACTS FOR HOMELAND SECURITY OR LAW ENFORCEMENT TECHNOLOGY. (1) state generally the reasons for which a vendor may be barred from participating in state contracts and the periods for which the vendor may be barred; and. APPLICABILITY. Organization Texas Senate Confirms Jane Nelson as Texas Secretary of State. September 1, 2019. 11, Sec. (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. Acts 2011, 82nd Leg., R.S., Ch. Sec. 1524), Sec. INTERNET AVAILABILITY. 1, eff. Texas Comptroller Glenn Hegar Announces Commitment of Federal Funding to Address Digital Divide (AUSTIN) Texas Comptroller Glenn Hegar said today his Texas Broadband Development Office (BDO) was allocated $3.3 billion in federal funding for broadband expansion.The funds, provided by the bipartisan Infrastructure Investment and Jobs Act, are part of the national $42.5 . 426, Sec. Each title represents a (4) are engineering services as described by Section 1001.003, Occupations Code, or architectural services as described by Section 1051.001, Occupations Code. Sec. September 1, 2007. 799), Sec. 1524), Sec. 1129 (H.B. (a) If, after review under Section 2155.066, the comptroller finds that specifications and conditions of a purchase request describe a product that is proprietary to one vendor and do not permit an equivalent product to be supplied, the comptroller shall require the requesting state agency to justify in writing the specifications or conditions. September 1, 2005. September 1, 2019. September 1, 2019. Added by Acts 2015, 84th Leg., R.S., Ch. 2155.072. The new section will be located in Chapter 1, new Subchapter C, Administration. 7.07, eff. September 1, 2021. 1, eff. Added by Acts 1995, 74th Leg., ch. Acts 2015, 84th Leg., R.S., Ch. September 1, 2007. Sec. 953 (S.B. 54, eff. (a) A state agency may not maintain and use its own bidders list. Sec. 17, eff. A weekly publication, the Texas Register serves as the journal of state agency rulemaking for Texas. Index to Rules by Subject Matter - Texas Comptroller of Public Accounts (4) is a procurement of professional or consulting services. Texas Comptroller of Public Accounts The Texas Comptroller's office is the state's chief tax collector, accountant, revenue estimator and treasurer. The statement shall be made a part of the bid form. September 1, 2019. 2155.090. Added by Acts 1995, 74th Leg., ch. Acts 2007, 80th Leg., R.S., Ch. (4) cost not more than the fair market price of similar items. 937 (H.B. The comptroller may combine orders in a system of schedule purchasing and shall attempt to benefit from bulk purchasing. September 1, 2019. 1071 (H.B. 1179 and H.B. Sec. 75(2). State Rules and Open Meetings - Texas Secretary of State The comptroller's provision of purchasing services for local governments is governed by Subchapter D, Chapter 271, Local Government Code. 1071 (H.B. 1524), Sec. 855 (S.B. Added by Acts 2001, 77th Leg., ch. 41, Sec. PREFERENCE TO PRODUCTS AND SERVICES FROM ECONOMICALLY DEPRESSED OR BLIGHTED AREA. Sept. 1, 1997. Sept. 1, 1995. (b) The price listed for a good or service under a multiple award contract is a maximum price. CONFLICT OF INTEREST. Acts 2019, 86th Leg., R.S., Ch. (d) A state agency shall submit to the comptroller each uniform registration form that it receives. STATE OFFICERS AND EMPLOYEES CHAPTER 660. SSN/ITIN/EIN Validation Rules - TexPayment Resource June 19, 2009. Sept. 1, 1999. Sept. 1, 1995. 2155.069. (1) shall prescribe procedures for a delegated purchase; and. Amended by Acts 1997, 75th Leg., ch. (3) coordinating contract monitoring efforts among health and human services agencies. 65), Sec. 32, eff. (d) This section does not create a cause of action to contest a bid or award of a state contract. September 1, 2019. 1.01, eff . 2155.136. 556 (S.B. 2(84), eff. public entities to publish the TAC. For more information, contact a KPMG tax professional: Jeff Benson | +1 (214) 840-6911 | [email protected]. (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. (A) a standardized method for the department and the comptroller to: (i) collect and analyze spending data relating to procurement contracts; and, (ii) benchmark and quantitatively measure cost savings and increased administrative efficiency resulting from collaboration and cooperative purchasing; and. 41, Sec. Sec. 621 (S.B. 1524), Sec. Chapter 2110 does not apply to the size or composition of the committee. The railroad commission shall consider the best value standards listed in Section 2155.074. The comptroller shall immediately make its own determination of whether the goods and services meet specifications. Acts 2009, 81st Leg., R.S., Ch. (d) Repealed by Acts 2007, 80th Leg., R.S., Ch. Acts 2005, 79th Leg., Ch. Acts 2019, 86th Leg., R.S., Ch. 41, Sec. Sept. 1, 2003. 1158, Sec. 44, eff. 20), Sec. AGENCY ASSISTANCE WITH BIDDERS LIST ISSUES. The comptroller's authority does not extend to a purchase of goods and services for an auxiliary enterprise. 3, Sec. 75(2), eff. (b) The comptroller and state agencies procuring goods or services may: (1) give preference to goods or services of a vendor that demonstrates that the vendor meets or exceeds any state or federal environmental standards, including voluntary standards, relating to air quality; or. Added by Acts 2005, 79th Leg., Ch. September 1, 2005. September 1, 2019. Acts 2007, 80th Leg., R.S., Ch. 1), Sec. Sec. Acts 2011, 82nd Leg., R.S., Ch. June 14, 2013. 2155.149. An agency's rules must be consistent with the comptroller's rules. Sec. June 18, 1999. 937 (H.B. Added by Acts 2007, 80th Leg., R.S., Ch. (2) certify, if true, that the goods or services comply with contract requirements and that the invoice for them is correct. (2) a deferred maintenance project for a health facility described by Subdivision (1). (d) The comptroller shall bar a vendor from participating in state contracts under Subsection (a-1) for a period of five years from the date the vendor was convicted or the penalty was assessed. 2, eff. September 1, 2005. Sec. 1071 (H.B. 262 (S.B. Sec. The preference for recycled steel products under this section applies also to products purchased in connection with projects described by Section 2166.003. 2155.262. (a) The comptroller may establish an advisory committee on procurement. PROCUREMENT COORDINATION COMMITTEE. 1.17, eff. Sept. 1, 2003. 1, eff. June 1, 1998. 41, Sec. 1305 (H.B. RULES. 10, eff. Sec. Sec. 1071 (H.B. (a) The comptroller may test and inspect goods and services purchased under a contract administered by the comptroller to ensure compliance with specifications. (a) The Railroad Commission of Texas is delegated all purchasing functions relating to purchases under: (2) Sections 81.067 and 81.068, Natural Resources Code; and. The comptroller shall also post in the business daily other information relating to the business activity of the state that the comptroller considers to be of interest to the public. 1206, Sec. A state agency may also solicit bids or proposals through the use of on-line electronic transmission. VENDOR AND EMPLOYEE INTERACTION AND COMMUNICATION POLICY. 200), Sec. 9, eff. Statutes and Rules - Texas Comptroller of Public Accounts September 1, 2019. Amended by Acts 1997, 75th Leg., ch. June 18, 2003. 165, Sec. 1206, Sec. The comptroller shall give priority to studying services for which the comptroller has delegated the purchasing function to many state agencies. Added by Acts 2013, 83rd Leg., R.S., Ch. 7.09, eff. 716 (S.B. 2155.079. Sec. 45, eff. DEFINITIONS. 1524), Sec. Acts 2019, 86th Leg., R.S., Ch. Sept. 1, 1999. Sec. 1, eff. Amended by Acts 2001, 77th Leg., ch. The comptroller may inform agencies about available private testing facilities. 1422, Sec. 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. Added by Acts 2017, 85th Leg., R.S., Ch. September 1, 2009. The Health and Human Services Commission may disapprove a procurement and rate-setting procedure of a health and human services agency. (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. (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. Sec. June 29, 2023 . Sec. 38, eff. (3) convicted of any offense related to the direct support or promotion of human trafficking. 1071 (H.B. Sec. (m) Subject to Section 531.0055(c), the Health and Human Services Commission shall develop and implement a statewide plan to ensure that each entity that contracts with a health and human services agency and any subcontractor of the entity complies with the accessibility requirements of the Americans with Disabilities Act of 1990 (42 U.S.C. September 1, 2007. 1035, Sec. 908), Sec. (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. Acts 2019, 86th Leg., R.S., Ch. Sept. 1, 1997; Acts 1999, 76th Leg., ch. September 1, 2001. September 1, 2019. June 14, 2021. 3.04, eff. (b) In developing a schedule under Subsection (a) or (e), the comptroller or department, as appropriate, shall modify any contractual terms, with the agreement of the parties to the contract, as necessary to comply with any federal or state requirements, including rules adopted under this subchapter. Acts 2019, 86th Leg., R.S., Ch. Comptroller's Online Chapter 380-381 Economic Development Agreements Database. 2155.205. September 1, 2007. The Property Tax Assistance Division provides a Handbook of Texas Property Tax Rules (PDF). September 1, 2017. (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. September 1, 2007. (l) Repealed by Acts 2003, 78th Leg., ch. HISTORICALLY UNDERUTILIZED AND SMALL BUSINESSES. RULES AND PROCEDURES REGARDING MASTER BIDDERS LIST. Acts 2019, 86th Leg., R.S., Ch. 1035, Sec. 1071 (H.B. September 1, 2019. September 1, 2019. Acts 2019, 86th Leg., R.S., Ch. (b) The comptroller may charge a reasonable administrative fee to state agencies and political subdivisions of other states that purchase a good or service under this section. Added by Acts 1995, 74th Leg., ch. Sec. (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. Added by Acts 2005, 79th Leg., Ch. 10, eff. (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. Acts 2019, 86th Leg., R.S., Ch. 1460, Sec. (a) Subject to Subsection (c), the comptroller shall contract for paper containing the highest proportion of recycled fibers for all purposes for which paper with recycled fibers may be used and to the extent that the paper is available through normal commercial sources to supply the state's needs. Acts 2019, 86th Leg., R.S., Ch. Sept. 1, 1995. 19, eff. 9.019, eff. September 1, 2019. Acts 2007, 80th Leg., R.S., Ch. 1071 (H.B. (d) The comptroller and all state agencies making purchase of vegetation for landscaping purposes, including plants, shall give preference to Texas vegetation native to the region if the cost to the state is not greater and the quality is not inferior. 1.13, eff. 118, Sec. 5.03, eff. Sec. September 1, 2005. (a) The comptroller shall adopt procedures for: (2) removing an inactive vendor from the list. 6, eff. Added by Acts 1995, 74th Leg., ch. (a) In this section, "department" means the Department of Information Resources. Acts 2021, 87th Leg., R.S., Ch. (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.

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