CHAPTER 2162. STATE COUNCIL ON COMPETITIVE GOVERNMENT

GOVERNMENT CODE

TITLE 10. GENERAL GOVERNMENT

SUBTITLE D. STATE PURCHASING AND GENERAL SERVICES

CHAPTER 2162. STATE COUNCIL ON COMPETITIVE GOVERNMENT

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 2162.001. DEFINITIONS. In this chapter:

(1) "Council" means the State Council on Competitive Government.

(2) "Local government" means a county, municipality, special

district, school district, junior college district, or other

legally constituted political subdivision of the state.

Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1,

1995. Amended by Acts 2003, 78th Leg., ch. 1310, Sec. 56, eff.

June 20, 2003.

Sec. 2162.002. COMPETITION, INNOVATION, AND CREATIVITY IN STATE

SERVICES. The state shall encourage competition, innovation, and

creativity among service providers to improve the quality of the

state's services.

Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1,

1995.

SUBCHAPTER B. ADMINISTRATIVE PROVISIONS

Sec. 2162.051. COMPOSITION OF COUNCIL. (a) The State Council

on Competitive Government consists of the following individuals

or the individuals they designate:

(1) the governor;

(2) the lieutenant governor;

(3) the comptroller;

(4) the speaker of the house of representatives;

(5) the presiding officer of the Texas Facilities Commission;

(6) the commissioner of the Texas Workforce Commission

representing labor; and

(7) the land commissioner.

(b) The governor is the presiding officer of the council.

(c) If the speaker of the house of representatives is not

permitted by the constitution to serve as a voting member of the

council, the speaker serves as a nonvoting member.

Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1,

1995. Amended by Acts 2003, 78th Leg., ch. 817, Sec. 10.09, eff.

Sept. 1, 2003.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

937, Sec. 1.26, eff. September 1, 2007.

Sec. 2162.052. MEETINGS. (a) The council shall meet as often

as necessary to perform its duties.

(b) The council is subject to:

(1) the open meetings law, Chapter 551; and

(2) the open records law, Chapter 552.

Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1,

1995.

Sec. 2162.053. ADMINISTRATION BY COMPTROLLER. (a) The

comptroller shall provide offices for the council and shall

provide the council with legal, technical, administrative, and

other support necessary to carry out its powers and duties.

(b) Any administrative powers or duties of the Texas Building

and Procurement Commission with respect to the council are

transferred to the comptroller.

Added by Acts 2007, 80th Leg., R.S., Ch.

937, Sec. 1.27, eff. September 1, 2007.

SUBCHAPTER C. GENERAL POWERS AND DUTIES

Sec. 2162.101. GENERAL POWERS. In performing its duties under

this chapter, the council may:

(1) adopt a rule governing any aspect of the council's duties or

responsibilities;

(2) hold a public hearing or conduct a study; and

(3) consult a private commercial source.

Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1,

1995.

Sec. 2162.102. SELECTION OF SERVICE PROVIDER THROUGH

COMPETITION. (a) The council shall identify commercially

available services being performed by state agencies and study

the services to determine if they may be better provided by

selecting the service providers through competition with other

state agency providers of the services or private commercial

sources.

(b) If the council determines that a service identified under

Subsection (a) may be better provided by selecting the service

provider through competition, the council shall require the state

agency providing the service to engage in any process, including

competitive bidding, developed by the council to select a service

provider through competition with other state agency providers of

the service or private commercial sources.

(c) In performing its duties under this chapter, the council

may:

(1) require a state agency to conduct a hearing, study, review,

or cost estimate, including an agency in-house cost estimate or a

management study, concerning any aspect of a service identified

under Subsection (a);

(2) develop and require state agencies to use methods to

accurately and fairly estimate and account for the cost of

providing a service identified under Subsection (a);

(3) require that a service identified under Subsection (a) be

submitted to competitive bidding or another process that creates

competition with private commercial sources;

(4) prescribe, after consulting affected state agencies, the

specifications and conditions of purchase procedures that must be

followed by the comptroller and a state agency or a private

commercial source engaged in competitive bidding to provide a

service identified under Subsection (a);

(5) award a contract to a state agency providing the service,

another state agency, a private commercial source, or a

combination of those entities, if the bidder presents the best

and most reasonable bid, which is not necessarily the lowest bid;

and

(6) determine the terms of a contract for service or interagency

contract to provide a service identified under Subsection (a).

(d) To the extent the council determines is feasible, a local

government may voluntarily participate in a contract awarded by

the council or a state agency under this chapter. A local

government that purchases a good or a service under a contract

awarded under this chapter is considered to have satisfied any

state law requiring the local government to follow a competitive

purchasing procedure for the purchase.

Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1,

1995. Amended by Acts 2003, 78th Leg., ch. 1310, Sec. 57, eff.

June 20, 2003.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

937, Sec. 1.28, eff. September 1, 2007.

Sec. 2162.103. COST COMPARISON AND CONTRACT CONSIDERATIONS. (a)

In comparing the cost of providing a service, the council shall

consider the:

(1) cost of supervising the work of a private contractor; and

(2) cost of a state agency's performance of the service,

including:

(A) the costs of the comptroller, attorney general, and other

support agencies; and

(B) other indirect costs related to the agency's performance of

the service.

(b) A bid or contract must include an analysis of health care

benefits, retirement, and workers' compensation insurance for a

contractor's employees that are reasonably comparable to the

health care benefits, retirement, and workers' compensation

insurance of the state.

Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1,

1995. Amended by Acts 1997, 75th Leg., ch. 1423, Sec. 8.66, eff.

Sept. 1, 1997.

Sec. 2162.104. DUTIES OF AFFECTED STATE AGENCIES. A state

agency shall perform an activity required by the council in

performing its duties or exercising its powers under this

chapter.

Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1,

1995.

Sec. 2162.105. EXEMPTION FROM PURCHASING LAWS. A contract by

the council or a decision regarding whether a state agency is

required to engage in competitive bidding is exempt from another

state law regulating or limiting state purchasing or a purchasing

decision.

Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1,

1995.