texas comptroller rulestexas comptroller rules

2155.001. 43, eff. 1499, Sec. 54, eff. Pending publication of the current statutes, see H.B. (2) not including consulting services, professional services, health care services, information resources technology, goods or services acquired for the benefit or on behalf of clients of programs operated by the agency, procurements specifically authorized or delegated to the agency by statute, or the contracting out of agency purchasing functions or other administrative or program functions. September 1, 2019. Acts 2021, 87th Leg., R.S., Ch. 2155.324. Sept. 1, 1997. 19, eff. (a) The comptroller may audit purchase information after a warrant has been issued if the audit will expedite the payment process. Except as otherwise provided by this subtitle, a purchase of or contract for goods or services shall, whenever possible, be accomplished through competitive bidding. Sec. 1, eff. 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. In addition, HB 2304 mandated that the TAC be made available SCHEDULE AND BULK PURCHASING. (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.". September 1, 2019. Acts 2019, 86th Leg., R.S., Ch. 41, Sec. 1206, Sec. 262 (S.B. Acts 2007, 80th Leg., R.S., Ch. Questions about state tax-exempt status can be directed to: Texas Comptroller of Public Accounts. (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. Copies of the forms can be obtained from the Comptroller of Public Accounts, Property Tax Assistance Division, P.O. (3) advise historically underutilized businesses on contracts available using the reverse auction procedure. September 1, 2019. (c) The comptroller may not list a multiple award contract on a schedule developed under Subsection (a) if the goods or services provided by that contract: (2) are telecommunications services, facilities, or equipment; (3) are commodity items as defined by Section 2157.068(a); or. (b) In complying with this section, the comptroller and state agencies shall review the Department of Agriculture's nutrition standards. (3) a scheduled item that has been designated for purchase by the comptroller. HB 2304 allows the Secretary of 1524), Sec. 41, Sec. Acts 2019, 86th Leg., R.S., Ch. Sept. 1, 2003. 1, eff. 119), Sec. 41, Sec. 799), Sec. 1, 2, eff. Oct. 20, 2003. (j) Subject to Section 531.0055(c), the Health and Human Services Commission shall publish a contract management handbook that establishes consistent contracting policies and practices to be followed by health and human services agencies. Sept. 1, 2001. If you have no unclaimed property to report, please file a negative report using our online manual reporting function. Sec. Any such forms may be revised at the discretion of the comptroller. Added by Acts 1995, 74th Leg., ch. Acts 2019, 86th Leg., R.S., Ch. All rules listed link to the Texas Administrative Code on the Secretary of State's website. Sec. June 14, 2013. (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. Added by Acts 1997, 75th Leg., ch. Amended by Acts 1999, 76th Leg., ch. LOCAL GOVERNMENT PURCHASING PROGRAM. A governmental entity may recover the direct cost of providing the public access only by charging a fee for downloading procurement notices and bid or proposal solicitation packages posted in the business daily. 1, eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. Sept. 1, 1995. (h) The state agency shall continue to either: (1) post notice of the procurement in accordance with Subsection (g) until the latest of 21 calendar days after the date the notice is first posted; the date the state agency will no longer accept bids, proposals, or other applicable expressions of interest for the procurement; or the date the state agency decides not to make the procurement; or. 65), Sec. 1071 (H.B. (2) may concurrently inform each vendor that made a proposal on the contract of any additional factors the comptroller or agency will consider in determining which proposal offers the best value for the state if the comptroller or other agency determines after opening the proposals that additional factors not covered under Subdivision (1) are relevant in determining which proposal offers the best value for the state. PREFERENCE FOR RUBBERIZED ASPHALT PAVING. 3.04, eff. Acts 2021, 87th Leg., R.S., Ch. 55, eff. Amended by Acts 1997, 75th Leg., ch. MATERIAL CHANGES TO CONTRACTS. 3648), Sec. This complimentary service is available CONFLICT OF INTEREST. GENERAL PROVISIONS Sec. ACCESS TO MASTER BIDDERS LIST. The comptroller may require the report to be in a particular format, including a format that can be read by a computer. September 1, 2007. September 1, 2019. (e) Competitive bidding, whether formal or informal, is required for a purchase by a state agency if the purchase: (f) Goods purchased under this section may not include: (1) an item for which a contract has been awarded under the contract purchase procedure, unless the quantity purchased is less than the minimum quantity specified in the contract; (2) an item required by statute to be purchased from a particular source; or. (f) The state auditor may audit the agency's acquisitions of goods and services before or after a warrant is issued to pay for an acquisition. There are 17 titles in the TAC. 2155.072. The following entities may purchase goods and services through the comptroller: (1) a community center for mental health and mental retardation services that receives state grants-in-aid under Subchapter B, Chapter 534, Health and Safety Code; (2) an assistance organization as defined by Section 2175.001 that receives state funds; and. INSPECTION AND CERTIFICATION. 10, eff. (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. 22, eff. 36, eff. Information published in the Texas Register includes proposed, adopted, withdrawn, and emergency rule actions, notices of state agency review of agency rules, governor's appointments, attorney general opinions, and miscellaneous documents such as requests for . 1, eff. (a) This section applies only to a contract to be performed, wholly or partly, in a nonattainment area or in an affected county, as those terms are defined by Section 386.001, Health and Safety Code. 74.101. 1071 (H.B. Chapter 2110 does not apply to the size or composition of the committee. 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. 2155.269. TESTING AND INSPECTION. (1) an enrollment contract described by 1 T.A.C. (3) coordinating contract monitoring efforts among health and human services agencies. 99(21), eff. INTERNET AVAILABILITY. 2155.079. September 1, 2009. (a) The Veterans' Land Board is delegated all purchasing functions relating to veterans homes and veterans cemeteries. (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. Added by Acts 2005, 79th Leg., Ch. 1, eff. All rules listed link to the Texas Administrative Code on the Secretary of State's website. 29, eff. (c) If the state agency on behalf of which the procurement is to be made agrees, the comptroller may engage a consultant to assist with a particular procurement on behalf of a state agency and pay the consultant from the cost savings realized by the state agency. June 29, 2023 . 937 (H.B. June 17, 2011. 7, eff. 1071 (H.B. 1524), Sec. 1524), Sec. The Texas Administrative Code (TAC) is a compilation of all state agency (b) The comptroller shall publish a schedule of fees for services that are subject to this section. Added by Acts 1995, 74th Leg., ch. (3) placement on the comptroller's master bidders list. The Department of Information Resources or the appropriate state agency retains the authority to award a statewide information resources contract as authorized by law. The comptroller and state agencies shall give preference to goods produced at a facility located on property for which the owner has received a certificate of completion under Section 361.609, Health and Safety Code, if the goods meet state specifications regarding quantity, quality, delivery, life cycle costs, and price. Acts 2019, 86th Leg., R.S., Ch. Sec. 41, Sec. 1524), Sec. increased. Sept. 1, 1995. 1, eff. 1524), Sec. Legislature intended for the Secretary of State to contract with EXPENDITURES FOR RECYCLED, REMANUFACTURED, OR ENVIRONMENTALLY SENSITIVE COMMODITIES OR SERVICES. September 1, 2015. 4, eff. 1524), Sec. (d) The comptroller may allow or require a state agency to schedule payments that the comptroller will make to a vendor. (b) The state agency shall report to the comptroller, using the tracking system established by Section 2262.055, on the results of each review conducted under Subsection (a) regarding a vendor's performance under a contract. 1076, Sec. (2) certify, if true, that the goods or services comply with contract requirements and that the invoice for them is correct. REPORTING VENDOR PERFORMANCE. (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. 1180 (H.B. 1524), Sec. 1122 (H.B. 41, Sec. (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). 1, eff. Sept. 1, 2003. Acts 2019, 86th Leg., R.S., Ch. This section grants the chief procurement officer authority only to review a contract solicitation. 2, eff. (a) In this section, "department" means the Department of Information Resources. 3, eff. Acts 2007, 80th Leg., R.S., Ch. September 1, 2005. Added by Acts 1995, 74th Leg., ch. PART 1. PURCHASES BY LEGISLATURE AND LEGISLATIVE AGENCIES. 9.4009, Appraisal of Recreational, Park, and Scenic Land September 1, 2007. Pending publication of the current statutes, see S.B. 1524), Sec. (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. 1541, Sec. (a) The comptroller may test and inspect goods and services purchased under a contract administered by the comptroller to ensure compliance with specifications. using the TAC Viewer. September 1, 2019. (a) A state agency is delegated the authority to purchase goods and services if the purchase does not exceed $50,000. 1422, Sec. The rules must include standards for maintaining documentation about the purchasing process to be used in the event of a protest. Sec. 660.001. Sec. Sept. 1, 1997. (4) cost not more than the fair market price of similar items. AUDIT BY STATE AUDITOR. Added by Acts 1993, 73rd Leg., ch. The comptroller by rule may establish a process under which the requirement for soliciting bids or proposals from eligible vendors on a bidders list may be waived for an appropriate state agency or an appropriate purchase or other acquisition under circumstances in which the requirement is not warranted. Sec. Sec. The comptroller may delegate purchasing functions to a state agency. 1524), Sec. A house of the legislature, or an agency, council, or committee of the legislature, including the Legislative Budget Board, the Texas Legislative Council, the state auditor's office, and the Legislative Reference Library, may use the comptroller's purchasing services for purchasing goods and services, including items covered by Section 21, Article XVI, Texas Constitution. The Veterans' Land Board may use the services of the comptroller in procuring goods and services described by Subsection (a). (b) The comptroller and each state agency shall make the form available to an applicant. September 1, 2019. (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. 2155.090. (3) provide other information requested by the comptroller. (b) This subtitle does not prohibit the exchange of information between a state agency and a vendor related to future solicitations or as necessary to monitor an existing contract. (b) If comptroller rules allow other agencies to make purchases under a contract entered into by an agency using delegated purchasing authority, the agency purchasing under delegated authority may offer the goods or services available under the contract to other agencies only if the agency first: (1) establishes that the goods or services being offered under its contract are not available under a contract administered by the comptroller; and. 937 (H.B. 9, eff. 1206, Sec. In 2007, the 80th Legislature enacted a bill that requires the Comptroller to prepare a biennial report on projects utilizing this provision of the statute. Added by Acts 2003, 78th Leg., ch. 53, eff. (2) "Small business" means a small business concern as defined by regulations of the United States Small Business Administration in 13 C.F.R. Sec. 937, Sec. The retirement system shall consider the best value standards enumerated in Section 2155.074, as added by Chapter 1206, Acts of the 75th Legislature, Regular Session, 1997. (a) Except as provided by Subsection (n), this section applies to each state agency making a procurement that will exceed $25,000 in value, without regard to the source of funds the agency will use for the procurement, including a procurement that: (1) is otherwise exempt from the comptroller's purchasing authority or the application of this subtitle; (2) is made under delegated purchasing authority; (3) is related to a construction project; or. (d) In this subchapter, "reverse auction procedure" means: (1) a real-time bidding process usually lasting less than one hour and taking place at a previously scheduled time and Internet location, in which multiple suppliers, anonymous to each other, submit bids to provide the designated goods or services; or. June 15, 2001. (d) In addition to the products covered by the definition adopted by rule under this section, in this section "recycled product" includes recycled steel products. State agency rule writers, in cooperation with the Office 2155.268. (2) be maintained in accordance with the department's record retention procedures and made available to the state auditor when requested. 483, Sec. Added by Acts 1995, 74th Leg., ch. Added by Acts 1995, 74th Leg., ch. 1071 (H.B. Amended by Acts 1999, 76th Leg., ch. 75(2). COMPLIANCE WITH ANTITRUST LAWS. 2, eff. Sec. 1312 (S.B. (c) The comptroller shall procure goods or services for the Employees Retirement System of Texas at the request of the retirement system, and the retirement system may use the services of the comptroller in procuring goods or services. Acts 2019, 86th Leg., R.S., Ch. Added by Acts 2007, 80th Leg., R.S., Ch. SUBCHAPTER D. EXTENSION OF COMPTROLLER PURCHASING SERVICES TO OTHER ENTITIES. The agency shall document that it considered all relevant factors under Subsection (d) in making the acquisition. 65), Sec. Sept. 1, 1995. September 1, 2019. 3560), Sec. 59), Sec. 937 (H.B. (h) This section does not apply to the state Medicaid program. September 1, 2019. 1524), Sec. 556 (S.B. 1, eff. Sec. A state agency or local government contracting for the purchase of an automated information system under a contract listed on a schedule developed under this subchapter shall comply with Section 2157.068(e-1). June 18, 1999. An agency or local government may negotiate a lower price for goods or services under a contract listed on a schedule developed under this subchapter. 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. 2155.501. 1524), Sec. September 1, 2019. 268, Sec. Sec. Examples of unclaimed property are: 2155.0012. (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. 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. 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. 1206, Sec. (a) The comptroller shall maintain a centralized master bidders list and register on the list the name and address of each vendor that applies for registration under rules adopted under this subchapter. (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. 1524), Sec. Acts 2019, 86th Leg., R.S., Ch. 1705), Sec. The April 2023 issue of Tax Policy News is now available. 14.03, eff. INTERSTATE PURCHASING. Sec. 1524), Sec. Other state agencies may test and inspect goods and services before purchase under standard industry testing methods, or they may contract for testing.