Law:Title 10. General Government. Subtitle D. State Purchasing And General Services (Texas)

From Law Delta

Jump to: navigation, search

Subtitle D. State Purchasing And General Services

Contents

Chapter 2151. General Provisions

Section  2151.001.  Short Title.

This subtitle may be cited as the State Purchasing and General Services Act.

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



Section 2151.002.  Definition.

Except as otherwise provided by this subtitle, in this subtitle, "state agency" means:

(1)  a department, commission, board, office, or other agency in the executive branch of state government created by the state constitution or a state statute;

(2)  the supreme court, the court of criminal appeals, a court of appeals, or the Texas Judicial Council; or

(3)  a university system or an institution of higher education as defined by Section 61.003, Education Code, except a public junior college.

Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1, 1995. Amended by Acts 1997, 75th Leg., ch. 165, Sec. 30.199, eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 1035, Sec. 60, eff. June 19, 1997; Acts 2001, 77th Leg., ch. 1422, Sec. 1.02, eff. Sept. 1, 2001.

Amended by:

Acts 2007, 80th Leg., R.S., Ch. 937, Sec. 1.01, eff. September 1, 2007.



Section 2151.003.  Reference.

A statutory reference to the General Services Commission, the State Board of Control, the State Purchasing and General Services Commission, or the Texas Building and Procurement Commission means:

(1)  the Texas Facilities Commission if the statutory reference concerns:

(A)  charge and control of state buildings, grounds, or property;

(B)  maintenance or repair of state buildings, grounds, or property;

(C)  construction of a state building;

(D)  purchase or lease of state buildings, grounds, or property by or for the state;

(E)  child care services for state employees under Chapter 663; or

(F)  surplus and salvage property; and

(2)  the comptroller in all other circumstances, except as otherwise provided by law.

Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1, 1995. Amended by Acts 2001, 77th Leg., ch. 1422, Sec. 1.03, eff. Sept. 1, 2001.

Amended by:

Acts 2007, 80th Leg., R.S., Ch. 937, Sec. 1.01, eff. September 1, 2007.



For expiration of Subsections (c) and (d), see Section 2151.0041.

Section 2151.004.  Transfer And Allocation Of Powers And Duties.

(a) The powers and duties of the former General Services Commission under Chapter 2170 or other law relating to providing telecommunications services for state government are transferred to the Department of Information Resources.

(b)  A reference in law to the General Services Commission that relates to the powers and duties of the former General Services Commission under Chapter 2170 or other law relating to providing telecommunications services for state government is a reference to the Department of Information Resources.

(c)  The Texas Facilities Commission retains the powers and duties of the former Texas Building and Procurement Commission relating to charge and control of state buildings, grounds, or property, maintenance or repair of state buildings, grounds, or property, child care services for state employees under Chapter 663, surplus and salvage property, construction of a state building, or purchase or lease of state buildings, grounds, or property by or for the state.

(d)  Except as provided by Subsection (a) or (c) or other law, all other powers and duties of the Texas Building and Procurement Commission are transferred to the comptroller.

Added by Acts 2001, 77th Leg., ch. 1422, Sec. 1.04, eff. Sept. 1, 2001.

Amended by:

Acts 2007, 80th Leg., R.S., Ch. 937, Sec. 1.01, eff. September 1, 2007.



Section 2151.0041.  Sunset Provision.

(a) The transfer of powers and duties to the comptroller under Section 2151.004(d) and under House Bill 3560, Acts of the 80th Legislature, Regular Session, 2007, is subject to Chapter 325 (Texas Sunset Act).

(b)  The Sunset Advisory Commission shall evaluate the transfer of powers and duties to the comptroller under Section 2151.004(d) and under House Bill 3560, Acts of the 80th Legislature, Regular Session, 2007, and present to the 83rd Legislature a report on its evaluation and recommendations in relation to the transfer.  The comptroller shall perform all duties in relation to the evaluation that a state agency subject to review under Chapter 325 would perform in relation to a review.

(c)  Unless otherwise provided by the legislature by law, on September 1, 2013:

(1)  the powers and duties transferred to the comptroller under Section 2151.004(d) and under House Bill 3560, Acts of the 80th Legislature, Regular Session, 2007, are transferred to the Texas Facilities Commission;

(2)  a reference in law to the comptroller relating to a power or duty transferred under this subsection means the Texas Facilities Commission;

(3)  a rule or form adopted by the comptroller relating to a power or duty transferred under this subsection is a rule or form of the Texas Facilities Commission and remains in effect until altered by the commission;

(4)  all obligations, contracts, proceedings, cases, negotiations, funds, and employees of the comptroller relating to a power or duty transferred under this subsection are transferred to the Texas Facilities Commission;

(5)  all property and records in the custody of the comptroller relating to a power or duty transferred under this subsection and all funds appropriated by the legislature for purposes related to a power or duty transferred under this subsection are transferred to the Texas Facilities Commission; and

(6)  Section 122.0011, Human Resources Code, and the following provisions of the Government Code expire:

(A)  Sections 2151.004(c) and (d);

(B)  Section 2155.0011;

(C)  Section 2155.086;

(D)  Section 2155.087;

(E)  Section 2156.0011;

(F)  Section 2157.0011;

(G)  Section 2158.0011;

(H)  Section 2161.0011;

(I)  Section 2163.0011;

(J)  Section 2170.0011;

(K)  Section 2171.0011;

(L)  Section 2172.0011;

(M)  Section 2176.0011; and

(N)   Section 2262.0011.

Added by Acts 2007, 80th Leg., R.S., Ch. 937, Sec. 1.02, eff. September 1, 2007.

Amended by:

Acts 2009, 81st Leg., R.S., Ch. 393, Sec. 3.01, eff. September 1, 2009.

Acts 2009, 81st Leg., 1st C.S., Ch. 2, Sec. 2.07, eff. July 10, 2009.



Section  2151.005.  Exemptions Related To Legal Services.

This subtitle does not apply to:

(1)  obtaining outside legal counsel services;

(2)  obtaining expert witnesses; or

(3)  procuring litigation-related goods and services for which competitive procurement is not feasible under the circumstances.

Added by Acts 2003, 78th Leg., ch. 309, Sec. 7.04, eff. June 18, 2003.


Personal tools
Laws
Variants
Actions
Navigation
Toolbox