The comptroller may not require that unrelated purchases be combined into one purchase order to exceed the dollar limits prescribed by this section. 1896), Sec. Sec. 7.01, 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. Sec. 2155.327. 20), Sec. June 14, 2021. An institution of higher education may pay for books and other published library materials before receiving them if reasonably necessary for the efficient operation of the institution's libraries. SUBTITLE D. STATE PURCHASING AND GENERAL SERVICES, CHAPTER 2155. 212), Sec. SUBCHAPTER B. 17 (S.B. 1071 (H.B. Property owners and school districts are urged to consult the Attorney General's Economic Development Handbook and their own legal counsel for any questions or interpretations of economic development laws. 262 (S.B. Texas Taxes - Texas Comptroller of Public Accounts Acts 2019, 86th Leg., R.S., Ch. PROPERTY REPORT. (3) Chapters 131 and 134, Natural Resources Code. 2, eff. (2) maintain consistency with existing purchasing standards. Added by Acts 1995, 74th Leg., ch. 42.2515, Additional State Aid for Ad Valorem Tax Credits Under Texas Economic Development Act, Texas Administrative Code: Rule 61.1019, Additional State Aid for Ad Valorem Tax Credits Under the Texas Economic Development Act, Read past reports of the Texas Economic Development Act, contact the Data Analysis and Transparency Division, Minimum School District Limitation Values, Property Value Studies & Appraisal District Role, Guidelines and Frequently Asked Questions, Tax Code Chapter 313 School Property Tax Limitation Agreement Documents, Chapter 313 Exclusion Zone Online Mapping Tool, Chapter 313 Gross Tax Benefit Estimation Tool, Chapter 313 Value Limitation Agreements Webinar. Sec. Except as otherwise provided by this subtitle, a purchase of or contract for goods or services shall, whenever possible, be accomplished through competitive bidding. 1524), Sec. PURCHASE METHODS. (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. 1206, Sec. Sec. (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. September 1, 2009. Sept. 1, 1997. (b) Repealed by Acts 2001, 77th Leg., ch. (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. 359 (S.B. (b) An agency to which this section applies is delegated the authority to procure its goods and services, except as provided by this section. Renumbered from Government Code, Section 2155.149 by Acts 2007, 80th Leg., R.S., Ch. The central administration of The University of Texas System is entitled to access to all information collected and maintained under this section. 2, eff. September 1, 2019. 937 (H.B. 937 (H.B. 1.14, eff. 604 (S.B. September 1, 2009. 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. Secretary Nelson Convenes First Border Trade Advisory Committee Meeting of 2023. 1158, Sec. (e) Repealed by Acts 1997, 75th Leg., ch. The Texas Workforce Commission may enter into a contract with a private or public entity to assist with testing. (3) advise historically underutilized businesses on contracts available using the reverse auction procedure. INVOICE. (C) that has an established physical presence in this state. PREFERENCE FOR PRODUCTS OF PERSONS WITH MENTAL RETARDATION OR PHYSICAL DISABILITIES. 16, eff. 34, eff. (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. (b) This section does not apply to contracts regarding travel services or the use of credit cards to pay for travel services under Chapter 2171. Sept. 1, 2001; Acts 2003, 78th Leg., ch. Acts 2007, 80th Leg., R.S., Ch. September 1, 2019. 1071 (H.B. (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, 2011. 1, eff. 6.01, eff. Added by Acts 2013, 83rd Leg., R.S., Ch. 1.17, eff. 1071 (H.B. 1, eff. Added by Acts 2007, 80th Leg., R.S., Ch. September 1, 2021. Sept. 1, 1995. Acts 2011, 82nd Leg., R.S., Ch. "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.". PURCHASE AND USE OF PAPER CONTAINING RECYCLED FIBERS. 2155.386. Texas Administrative Code: TITLE 34: PUBLIC FINANCE: PART 1: COMPTROLLER OF PUBLIC ACCOUNTS: CHAPTER 3: TAX ADMINISTRATION: SUBCHAPTER O: STATE AND LOCAL SALES AND USE TAXES: Rules 3.276: Surveying Services 3.280: Aircraft 3.281: Records Required; Information Required 3.282: Auditing Taxpayer Records 258 (S.B. Sec. (a) The comptroller shall develop a uniform registration form for applying to do business with the comptroller or with another state agency. The retirement system shall consider the best value standards provided by Section 2155.074. PURCHASING: GENERAL RULES AND PROCEDURES SUBCHAPTER A. Added by Acts 2017, 85th Leg., R.S., Ch. 6), Sec. 1071 (H.B. The Texas Comptroller of Public Accounts ("Comptroller") recently filed adopted rule amendments with the Office of the Secretary of State to incorporate numerous changes to the franchise tax research and development ("R&D") activities credit and the sales/use tax R&D exemption (collectively, "Adopted Rules"), applicable to research activities cl. (a) The contractor or seller of goods or services contracted for by the comptroller shall submit an invoice to the ordering agency at the address shown on the purchase order. (c) The comptroller may issue the warrant directly to the vendor. Comptroller's Online Chapter 380-381 Economic Development Agreements Added by Acts 1995, 74th Leg., ch. June 15, 2001. 3, eff. CERTAIN PURCHASES BY GENERAL LAND OFFICE. 48, eff. There are 17 titles in the TAC. DEFINITIONS. STATEWIDE OR REGIONAL SERVICES CONTRACTS; STUDIES. If a payment is not due until after the eighth day, the comptroller may delay drawing a warrant if the delay will maximize the state's cash flow. Amended by Acts 2001, 77th Leg., ch. 2155.081. 621 (S.B. 2, eff. 2155.007. Sept. 1, 1995. 1.10, eff. 41, Sec. 12), Sec. Acts 2019, 86th Leg., R.S., Ch. (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). 1129 (H.B. 3.11, eff. 4, eff. September 1, 2019. 5, eff. (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. In delegating purchasing authority under this subsection or Section 2155.131, the comptroller shall consider factors relevant to a state agency's ability to perform purchasing functions, including: (1) the capabilities of the agency's purchasing staff and the existence of automated purchasing tools at the agency; (2) the certification levels held by the agency's purchasing personnel; (3) the results of the comptroller's procurement review audits of an agency's purchasing practices; and. If a vendor does not make a good faith effort to use historically underutilized and small businesses under the contract, the comptroller may exclude the vendor from being listed on a schedule developed under this subchapter. 41, Sec. 1524), Sec. (b) The comptroller shall strongly encourage each vendor with a contract listed on a schedule developed under this subchapter and who is not a historically underutilized business or small business to use historically underutilized or small businesses to sell or provide a service under the contract. (c) The comptroller may, on request, test and inspect goods and services purchased by other state governmental entities on a cost recovery basis. (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. 1.05, eff. The prohibition of this subsection does not apply to the Texas Department of Transportation. (o) If the Health and Human Services Commission does not receive any responsive bids on a competitive solicitation for goods or services for 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, the commission after making a written determination that competition is not available may negotiate with and award the contract to any qualified vendor who meets the requirements of the original solicitation: (1) at a price consistent with the current market value of the goods or services; and. 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; (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. Sec. September 1, 2019. 963 (S.B. Acts 2021, 87th Leg., R.S., Ch. Certain of these changes attempt to retroactively preclude taxpayers from qualifying for the credit. (a) The Texas Juvenile Justice Department may purchase care and treatment services, including educational services, for its wards. PREFERENCE UNDER SERVICE CONTRACTS. BUYING UNDER CONTRACT ESTABLISHED BY AGENCY OTHER THAN COMPTROLLER. (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. Sept. 1, 2003. 7, eff. Sec. 2155.077. Sec. September 1, 2019. (d) Repealed by Acts 2015, 84th Leg., R.S., Ch. 1305 (H.B. VERIFICATION OF USE OF BEST VALUE STANDARD. 1, eff. (2) specify the purchase information that a state agency must send to the comptroller before a warrant is issued. 937 (H.B. 3.11, eff. 14.03, eff. (a) The comptroller and state agencies shall give preference to recycled, remanufactured, or environmentally sensitive products, as those terms are defined by rule of the comptroller, in purchases made under this subtitle if: (1) the product meets state specifications regarding quantity and quality; and. 1206, Sec. 41, Sec. June 18, 1999. Jan. 11, 2004; Acts 2003, 78th Leg., 3rd C.S., ch. 672 (S.B. The new section will be located in Chapter 1, new Subchapter C, Administration. (c) Chapter 2157 provides additional information on purchase of automated information systems. Note: For agreements that do not have a set expiration date, the expiration date will show as 12/31/2078. Remote sellers are now required to collect sales and use tax. PURCHASE AUDIT. (b) The department and the comptroller shall establish a committee composed of essential personnel of the department and the comptroller to: (A) areas of overlap in the procurement functions of the department and the comptroller and methods to avoid duplication of services; (B) mutually beneficial contracting and procurement methodologies, data collection and management techniques, and customer relations management; (C) opportunities for collaboration on procurement functions that would benefit the state or other customers; and, (D) opportunities for consolidation of administrative or other functions to improve customer service and reduce operating costs; and. 41, Sec. 1010, Sec. 2155.073. 87 (S.B. (c) The committee may establish its own rules of operation but shall post notice of and hold its meetings in accordance with Chapter 551. 1, eff. 1524), Sec. Acts 2019, 86th Leg., R.S., Ch. Sept. 1, 1995. Sept. 1, 1997. 1206, Sec. 1, eff. Home Comptroller.Texas.Gov (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. 7.06, eff. 758), Sec. 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. 1071 (H.B. 1180 (H.B. Sec. 1404 (H.B. Added by Acts 1995, 74th Leg., ch. SCHEDULE AND BULK PURCHASING. 3560), Sec. 1033, Sec. The comptroller shall set the fees in an amount that recovers the comptroller's costs in providing the services. Legislature intended for the Secretary of State to contract with 799), Sec. 28, eff. 2, eff. The comptroller shall immediately make its own determination of whether the goods and services meet specifications. 3.04, eff. 1071 (H.B. 1035, Sec. The comptroller shall prescribe the circumstances under which advance scheduling of payments is allowed or required. 41, Sec. (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. Added by Acts 1995, 74th Leg., ch. 660.002. 2155.062. 2155.264. Sept. 1, 1995. 1524), Sec. (4) "Schedule" means a list of multiple award contracts from which agencies may purchase goods and services. 1406 (S.B. Added by Acts 1999, 76th Leg., ch. (2) encourage the use of recycled, remanufactured, or environmentally sensitive products. 1071 (H.B. 38, eff. (b) The comptroller and each state agency shall make the form available to an applicant. (a) The chief clerk or any other employee of the comptroller may not: (1) have an interest in, or in any manner be connected with, a contract or bid for a purchase of goods or services by an agency of the state; or. Amended by Acts 1999, 76th Leg., ch. September 1, 2021. CONFLICT OF INTEREST. (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. Amended by Acts 1997, 75th Leg., ch. September 1, 2009. Contralor de Texas Glenn Hegar Anuncia el Compromiso de Fondos
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