Law:Title 10. General Government. Subtitle D. State Purchasing And General Services from Chapter 2163. Commercially Available Activities (Texas)

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Subtitle D. State Purchasing And General Services

Contents

Chapter 2163. Commercially Available Activities

Section  2163.001.  Review Process.

(a) The commission shall develop a systematic review process to identify commercially available services being performed by the commission and study the services to determine if they may be better provided by other state agency providers of the services or private commercial sources.

(b)  In reviewing its services, the commission shall:

(1)  determine whether competitive vendors exist in the private sector;

(2)  compare the cost of contracting for the services from other state agency providers of the services or private commercial sources to the commission's cost of performing the services; and

(3)  document cost savings from contracting for the services from other state agency providers of the services or private commercial sources.

(c)  Each commercially available service performed by the commission shall be reviewed at least once every six years.

(d)  The commission shall consult with the State Council on Competitive Government as necessary in planning and conducting its reviews under this subchapter.

Added by Acts 2001, 77th Leg., ch. 1422, Sec. 6.01, eff. Sept. 1, 2001.



For expiration of this section, see Section 2151.0041.

Section 2163.0011.  Transfer Of Duties; Reference.

(a) The powers and duties of the commission under this chapter are transferred to the comptroller.

(b)  In this chapter, a reference to the commission means the comptroller.

Added by Acts 2007, 80th Leg., R.S., Ch. 937, Sec. 1.29, eff. September 1, 2007.



Section 2163.0012.  Authority To Adopt Rules.

The comptroller may adopt rules to efficiently and effectively administer this chapter.  Before adopting a rule under this section, the comptroller must conduct a public hearing regarding the proposed rule regardless of whether the requirements of Section 2001.029(b) are met.

Added by Acts 2007, 80th Leg., R.S., Ch. 937, Sec. 1.29, eff. September 1, 2007.



Section  2163.002.  Cost Comparison And Contract Considerations.

(a) The commission shall consider all of its direct and indirect costs in determining the cost of providing a service.

(b)  In comparing the cost of providing a service, the commission must include the:

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

(2)  cost to the state of the commission's performance of the service, including:

(A)  the costs of the office of the attorney general and other support agencies; and

(B)  other indirect costs related to the commission's performance of the service.

Added by Acts 2001, 77th Leg., ch. 1422, Sec. 6.01, eff. Sept. 1, 2001.



Section  2163.003.  Contracting With Another State Agency Or Private Source.

(a) If the commission determines that a service can be performed with a comparable or better level of quality at a savings to the state of at least 10 percent by using other state agency providers of the service or a private commercial source, the commission may contract with other state agency providers of the services or private commercial sources for the service.

(b)  The commission maintains responsibility for providing a contracted service and shall set measurable performance standards for a contractor.

Added by Acts 2001, 77th Leg., ch. 1422, Sec. 6.01, eff. Sept. 1, 2001.



Section  2163.004.  Prohibition.

The commission may not begin providing a service the General Services Commission did not provide as of September 1, 2001, unless, after conducting an in-depth analysis on cost in accordance with Section 2163.002 and on availability of a service, the commission determines that it can perform the service at a higher level of quality or at a lower cost than other state agency providers of the service or private commercial sources.

Added by Acts 2001, 77th Leg., ch. 1422, Sec. 6.01, eff. Sept. 1, 2001.


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