85R11213 MCK-F     By: Shaheen H.B. No. 1851       A BILL TO BE ENTITLED   AN ACT   relating to the reporting of certain state agency contract   information and the posting of that information on the Internet.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  The heading to Section 322.020, Government Code,   is amended to read as follows:          Sec. 322.020.  [MAJOR] CONTRACTS DATABASE.          SECTION 2.  Section 322.020, Government Code, is amended by   amending Subsections (a), (b), and (c) and adding Subsection (b-1)   to read as follows:          (a)  In this section[, "major contract" means]:                (1)  "Contract" means a contract, grant, or agreement   for the purchase or sale of goods or services that is entered into   or paid for, wholly or partly, by a state agency or an amendment,   modification, renewal, or extension of the contract, grant, or   agreement. The term includes a revenue generating contract, an   interagency or interlocal grant or agreement, a purchase order, or   other written expression of terms of agreement. [a contract for   which notice is required under one of the following sections:                      [(A)  Section 2054.008;                      [(B)  Section 2166.2551;                      [(C)  Section 2254.006; or                      [(D)  Section 2254.0301; or]                (2)  "State agency" has the meaning assigned by Section   2054.003 [a contract, including an amendment, modification,   renewal, or extension:                      [(A)     for which notice is not required under a   section listed in Subdivision (1);                      [(B)     that is not a purchase order, an interagency   contract, or a contract paid only with funds not appropriated by the   General Appropriations Act; and                      [(C)  with a value that exceeds $50,000].          (b)  This section applies only to:                (1)  a major consulting services contract, as defined   by Section 2254.021; and                (2)  a contract, including any amendment,   modification, renewal, or extension of the contract, that has a   value that exceeds or is reasonably expected to exceed $50,000,   other than:                      (A)  an enrollment contract described by 1 T.A.C.   Section 391.183 as that section existed on September 1, 2015; or                      (B)  a contract of the Texas Department of   Transportation that:                            (i)  relates to highway construction or   engineering; or                            (ii)  is subject to Section 201.112,   Transportation Code.          (b-1)  Not later than the 30th calendar day after the date a   contract is awarded, amended, modified, renewed, or extended, a   [Each] state agency shall provide written notice of the contract to   the Legislative Budget Board. The written notice must include   copies of the following documents:                (1)  each [major] contract entered into by the agency,   including each amendment, modification, renewal, or extension of   the contract; and                (2)  each request for proposal, invitation to bid, or   comparable solicitation related to the [major] contract.          (c)  The Legislative Budget Board shall post on the Internet   a copy of:                (1)  each [major] contract, including each amendment,   modification, renewal, or extension of the contract [of a state   agency]; and                (2)  each request for proposal, invitation to bid, or   comparable solicitation related to the [major] contract.          SECTION 3.  Section 2261.253, Government Code, is amended to   read as follows:          Sec. 2261.253.  REQUIRED POSTING OF [CERTAIN CONTRACTS;   ENHANCED] CONTRACT INFORMATION AND PERFORMANCE MONITORING. (a)   Each [For each contract for the purchase of goods or services from a   private vendor, each] state agency shall post on its Internet   website's home page a link to the Legislative Budget Board's   contracts database established under Section 322.020. [website:                [(1)     each contract the agency enters into, including   contracts entered into without inviting, advertising for, or   otherwise requiring competitive bidding before selection of the   contractor, until the contract expires or is completed;                [(2)     the statutory or other authority under which a   contract that is not competitively bid under Subdivision (1) is   entered into without compliance with competitive bidding   procedures; and                [(3)     the request for proposals related to a   competitively bid contract included under Subdivision (1) until the   contract expires or is completed.]          (b)  [A state agency monthly may post contracts described by   Subsection (a) that are valued at less than $15,000.          [(c)]  Each state agency by rule shall establish a procedure   to identify each contract that requires enhanced contract or   performance monitoring and submit information on the contract to   the agency's governing body or, if the agency is not governed by a   multimember governing body, the officer who governs the agency.   The agency's contract management office or procurement director   shall immediately notify the agency's governing body or governing   official, as appropriate, of any serious issue or risk that is   identified with respect to a contract monitored under this   subsection.          [(d)     This section does not apply to a memorandum of   understanding, interagency contract, interlocal agreement, or   contract for which there is not a cost.]          SECTION 4.  Section 2054.0965, Government Code, is amended   by amending Subsection (b) and adding Subsection (c) to read as   follows:          (b)  Except as otherwise modified by rules adopted by the   department, the review must include:                (1)  an inventory of the agency's major information   systems[, as defined by Section 2054.008,] and other operational or   logistical components related to deployment of information   resources as prescribed by the department;                (2)  an inventory of the agency's major databases and   applications;                (3)  a description of the agency's existing and planned   telecommunications network configuration;                (4)  an analysis of how information systems,   components, databases, applications, and other information   resources have been deployed by the agency in support of:                      (A)  applicable achievement goals established   under Section 2056.006 and the state strategic plan adopted under   Section 2056.009;                      (B)  the state strategic plan for information   resources; and                      (C)  the agency's business objectives, mission,   and goals;                (5)  agency information necessary to support the state   goals for interoperability and reuse; and                (6)  confirmation by the agency of compliance with   state statutes, rules, and standards relating to information   resources.          (c)  In this section, "major information system" includes:                (1)  one or more computers that in the aggregate cost   more than $100,000;                (2)  a service related to computers, including computer   software, that costs more than $100,000; and                (3)  a telecommunications apparatus or device that   serves as a voice, data, or video communications network for   transmitting, switching, routing, multiplexing, modulating,   amplifying, or receiving signals on the network and costs more than   $100,000.          SECTION 5.  The following sections of the Government Code   are repealed:                (1)  Section 322.020(f);                (2)  Section 2054.008;                (3)  Section 2166.2551;                (4)  Section 2254.006; and                (5)  Section 2254.0301.          SECTION 6.  The changes in law made by this Act apply to a   contract entered into or amended, modified, renewed, or extended on   or after the effective date of this Act. A contract entered into or   amended, modified, renewed, or extended before the effective date   of this Act is governed by the law in effect on the date the contract   was entered into or amended, modified, renewed, or extended, and   the former law is continued in effect for that purpose.          SECTION 7.  This Act takes effect September 1, 2017.