Bill Text: TX HB1943 | 2017-2018 | 85th Legislature | Introduced
Bill Title: Relating to the review and oversight of state agency contracts.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2017-03-29 - Referred directly to s/c on Budget Transparency and Reform by chair [HB1943 Detail]
Download: Texas-2017-HB1943-Introduced.html
| 85R11272 YDB-D | ||
| By: Shaheen | H.B. No. 1943 | |
|
|
||
|
|
||
| relating to the review and oversight of state agency contracts. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Chapter 322, Government Code, is amended by | ||
| adding Sections 322.021, 322.0211, and 322.0212 to read as follows: | ||
| Sec. 322.021. STATE AGENCY CONTRACT OVERSIGHT. (a) In this | ||
| section: | ||
| (1) "Board" means the Legislative Budget Board. | ||
| (2) "State agency" has the meaning assigned by Section | ||
| 2054.003. | ||
| (b) The board may review state agency contracts to determine | ||
| compliance with the contract management guide developed under | ||
| Section 2054.554, the comptroller's procurement policy manuals, | ||
| and each applicable state contracting law, rule, policy, and | ||
| procedure. The authority to review a state agency contract under | ||
| this subsection applies regardless of the source of funds or method | ||
| of financing for the contract and includes a contract funded only | ||
| with nonappropriated funds. | ||
| (c) Board staff may request, and are entitled to obtain, any | ||
| document related to a contract reviewed under this section or to a | ||
| purchase under the contract. | ||
| (d) Each state agency shall cooperate with the board in | ||
| conducting a contract review under this section and in resolving | ||
| any issue resulting from the contract review. | ||
| Sec. 322.0211. NOTICE OF VIOLATION OF STATE CONTRACTING | ||
| LAW; CORRECTIVE ACTION PLAN. (a) If the Legislative Budget Board | ||
| determines under Section 322.021 that a state agency contract | ||
| violates the contract management guide, the comptroller's | ||
| procurement policy manuals, or a state contracting law, rule, | ||
| policy, or procedure, the board's director may provide to the board | ||
| and the state agency, comptroller, and governor written notice of | ||
| the violation. A notice provided under this section must: | ||
| (1) detail the specific provision violated by the | ||
| contract; | ||
| (2) recommend actions to be taken to address the | ||
| violation and any identified risks related to the contract; | ||
| (3) list potential remedies for the violation; and | ||
| (4) state any enforcement mechanism that may be | ||
| assessed under Section 322.0212 for the violation. | ||
| (b) A state agency that receives notice of a violation under | ||
| Subsection (a) shall develop a written corrective action plan | ||
| consistent with the board's recommendations and provide the plan to | ||
| the board not later than the 30th calendar day after the date the | ||
| agency receives the notice. | ||
| (c) The board may monitor a state agency's implementation of | ||
| the corrective action plan. | ||
| Sec. 322.0212. ENFORCEMENT. (a) The Legislative Budget | ||
| Board may assess an enforcement mechanism against a state agency | ||
| that the board determines under Section 322.021 is in violation of | ||
| the contract management guide, the comptroller's procurement | ||
| policy manuals, or a state contracting law, rule, policy, or | ||
| procedure. The enforcement mechanism must be assessed in | ||
| accordance with the schedule developed under Subsection (b). | ||
| (b) The board may establish a schedule of enforcement | ||
| mechanisms that may be assessed against a state agency for a | ||
| violation described by Subsection (a). The enforcement mechanisms | ||
| may include: | ||
| (1) enhanced monitoring of the state agency's | ||
| contracts by board personnel; | ||
| (2) required consultation with the Contract Advisory | ||
| Team established under Section 2262.101 or the quality assurance | ||
| team established under Section 2054.158 before issuance of a | ||
| contract by the state agency; | ||
| (3) targeted audits by the State Auditor's Office at | ||
| the request of the board; and | ||
| (4) recommended cancellation of a contract determined | ||
| to contain a violation described by Section 322.0211(a). | ||
| (c) The board's director may recommend to the board an | ||
| enforcement mechanism to be assessed against a state agency for a | ||
| contract violation. | ||
| (d) The board may increase the severity of an enforcement | ||
| mechanism assessed against a state agency for repeated contract | ||
| violations described by Section 322.0211(a). | ||
| (e) The board may dismiss an enforcement mechanism assessed | ||
| against a state agency by the board for a contract violation | ||
| described by Section 322.0211(a) on successful implementation of a | ||
| corrective action plan by the agency under Section 322.0211(b). | ||
| SECTION 2. Section 2262.101, Government Code, is amended by | ||
| adding Subsection (g) to read as follows: | ||
| (g) The team shall provide to the Legislative Budget Board a | ||
| copy of: | ||
| (1) each recommendation made under Subsection (a)(1) | ||
| on a solicitation or contract document not later than the 10th | ||
| calendar day after the date the team makes the recommendation; and | ||
| (2) any written explanation submitted by a state | ||
| agency under Subsection (d)(2) stating the reason a recommendation | ||
| is not applicable to the contract under review not later than the | ||
| 10th calendar day after the date the team receives the explanation. | ||
| SECTION 3. This Act takes effect September 1, 2017. | ||
