89R21085 KKR-F     By: Button, Bell of Kaufman, Longoria, H.B. No. 2791       Lopez of Cameron, Harris Davila     Substitute the following for H.B. No. 2791:     By:  Button C.S.H.B. No. 2791       A BILL TO BE ENTITLED   AN ACT   relating to powers and duties of the Texas Workforce Commission   with respect to the procurement of goods and services for the   provision of vocational rehabilitation services.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Subchapter B, Chapter 352, Labor Code, is   amended by adding Section 352.060 to read as follows:          Sec. 352.060.  PROCUREMENT OF GOODS AND SERVICES. (a)  The   commission may enter into contracts for goods or services related   to the commission's provision of vocational rehabilitation   services as necessary to perform any of the commission's powers or   duties under this chapter.          (b)  The commission may acquire goods and services described   by Subsection (a) by any procurement method approved by the   commission that provides the best value to the commission. The   commission shall document that the commission considered all   relevant factors under Subsection (c) in making the acquisition.          (c)  The commission shall consider all relevant factors in   determining the best value, including:                (1)  any installation costs;                (2)  the delivery terms;                (3)  the quality and reliability of the vendor's goods   or services;                (4)  the extent to which the goods or services meet the   needs of the individuals receiving vocational rehabilitation   services from the commission under this chapter;                (5)  indicators of probable value vendor performance   under the contract such as past vendor performance, the vendor's   financial resources and ability to perform, the vendor's experience   and responsibility, and the vendor's ability to provide reliable   maintenance agreements;                (6)  the impact on the ability of the commission to   comply with laws and rules relating to historically underutilized   businesses or relating to the procurement of goods and services   from persons with disabilities;                (7)  the total long-term cost to the commission of   acquiring the vendor's goods or services;                (8)  the cost of any employee training associated with   the acquisition;                (9)  the effect of an acquisition on commission   productivity;                (10)  the acquisition price; and                (11)  any other factor relevant to determining the best   value for the commission in the context of a particular   acquisition.          (d)  The commission may adopt rules and procedures for the   acquisition of goods and services under this section, including   rules allowing the commission to purchase vocational   rehabilitation services through an open-enrollment contracting   method if the commission determines that the best interests of the   state are served by enrolling multiple vendors.          (e)  If the commission does not receive any responsive bids   on an open market solicitation for goods or services for the   vocational rehabilitation program in a specific area of the state,   the commission, after making a written determination that an open   market award 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                (2)  for a term not to exceed five years.          SECTION 2.  The change in law made by this Act applies only   to the acquisition of goods or services made on or after the   effective date of this Act.          SECTION 3.  This Act takes effect immediately if it receives   a vote of two-thirds of all the members elected to each house, as   provided by Section 39, Article III, Texas Constitution.  If this   Act does not receive the vote necessary for immediate effect, this   Act takes effect September 1, 2025.