SUBCHAPTER A GENERAL PROVISIONS
- Texas Section 2155.001 - Definitions
Except as otherwise provided by this chapter and Chapters 2156, 2157, and 2158: (1) "Goods" means supplies, materials, or equipment. (2) "Service" means the furnishing...
- Texas Section 2155.0011 - 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...
- Texas Section 2155.0012 - 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...
- Texas Section 2155.002 - Commission Focus On Large Expenditures
To the extent possible, the commission shall focus its efforts under this chapter and Chapters 2156, 2157, and 2158 on purchases and contracts that involve...
- Texas Section 2155.003 - Conflict Of Interest
(a) The chief clerk or any other employee of the comptroller may not: (1) have an interest in, or in any manner be connected with,...
- Texas Section 2155.004 - Certain Bids And Contracts Prohibited
(a) A state agency may not accept a bid or award a contract that includes proposed financial participation by a person who received compensation from...
- Texas Section 2155.005 - Compliance With Antitrust Laws
(a) A bidder offering to sell goods or services to the state shall certify on each bid submitted that neither the bidder, nor the person...
- Texas Section 2155.006 - Prohibition On Certain Bids And Contracts
(a) In this section: (1) "Disaster" has the meaning assigned by Section 418.004. (2) "Hurricane Katrina" means the hurricane of that name that struck the...
SUBCHAPTER B GENERAL PURCHASING REQUIREMENTS, PROCEDURES, AND PROGRAMS
- Texas Section 2155.007 - Procurement Coordination Committee
(a) In this section, "department" means the Department of Information Resources. (b) The department and the comptroller shall establish a committee composed of essential personnel...
- Texas Section 2155.061 - Commission Purchasing System
(a) The commission shall acquire by purchase, lease, rental, or another manner all goods and services for a state agency, including a purchase that does...
- Texas Section 2155.062 - Purchase Methods
(a) In purchasing goods and services the commission may use, but is not limited to, the: (1) contract purchase procedure; (2) multiple award contract procedure,...
- Texas Section 2155.063 - Competitive Bidding Requirement
Except as otherwise provided by this subtitle, a purchase of or contract for goods or services shall, whenever possible, be accomplished through competitive bidding. Added...
- Texas Section 2155.064 - Schedule And Bulk Purchasing
The commission may combine orders in a system of schedule purchasing and shall attempt to benefit from bulk purchasing. Added by Acts 1995, 74th Leg.,...
- Texas Section 2155.065 - Contracts With Department Of Criminal Justice
(a) The commission is authorized to make contracts with the Texas Department of Criminal Justice for the purchase of goods and services for use by...
- Texas Section 2155.066 - Review Of Specifications
The commission shall review the specifications and purchase conditions of goods or services considered for purchase. Added by Acts 1995, 74th Leg., ch. 41, Sec....
- Texas Section 2155.067 - Proprietary Purchases
(a) If, after review under Section 2155.066, the commission finds that specifications and conditions of a purchase request describe a product that is proprietary to...
- Texas Section 2155.068 - Uniform Standards And Specifications
(a) The commission may coordinate uniform standards and specifications for goods purchased by the commission. The commission by rule may adopt appropriate standards developed by...
- Texas Section 2155.069 - Testing And Inspection
(a) The commission may test and inspect goods and services purchased under a contract administered by the commission to ensure compliance with specifications. (b) The...
- Texas Section 2155.070 - Failure To Meet Specifications
(a) A state agency that determines that goods or services received under a contract administered by the commission do not meet specifications shall promptly notify...
- Texas Section 2155.072 - Statewide Or Regional Services Contracts; Commission Studies
(a) The commission annually shall select for study at least one service that is purchased by one or more state agencies. The commission shall study...
- Texas Section 2155.073 - Participation By Small Businesses In State Purchasing
The commission shall foster participation of small businesses in the purchasing activities of the state by: (1) assisting state agencies in developing procedures to ensure...
- Texas Section 2155.074 - Best Value Standard For Purchase Of Goods Or Services
(a) For a purchase of goods and services under this chapter, each state agency, including the commission, shall purchase goods and services that provide the...
- Texas Section 2155.075 - Requirement To Specify Value Factors In Request For Bids Or Proposals
(a) For a purchase made through competitive bidding, the commission or other state agency making the purchase must specify in the request for bids the...
- Texas Section 2155.0755 - Verification Of Use Of Best Value Standard
(a) The contract manager or procurement director of each state agency shall: (1) approve each state agency contract for which the agency is required to...
- Texas Section 2155.076 - Protest Procedures
(a) The commission and each state agency by rule shall develop and adopt protest procedures for resolving vendor protests relating to purchasing issues. An agency's...
- Texas Section 2155.077 - Barring Vendor From Participation In State Contracts
(a) The commission may bar a vendor from participating in state contracts that are subject to this subtitle, including contracts for which purchasing authority is...
- Texas Section 2155.078 - Training And Certification Of State Agency Purchasing Personnel And Vendors
(a) The commission shall establish and administer a system of training, continuing education, and certification for state agency purchasing personnel. The training and continuing education...
- Texas Section 2155.079 - Buying Under Contract Established By Agency Other Than Commission
(a) The commission shall adopt rules specifying the circumstances under which it is advantageous for the state to allow a state agency to purchase goods...
- Texas Section 2155.080 - Advisory Committee On Procurement
(a) The commission may establish an advisory committee on procurement. The purpose of the committee is to represent before the commission the state agency purchasing...
- Texas Section 2155.081 - Vendor Advisory Committee
(a) The commission may establish a vendor advisory committee. The purpose of the committee is to represent before the commission the vendor community, to provide...
- Texas Section 2155.082 - Providing Certain Purchasing Services On Fee-for-service Basis Or Through Benefit Funding
(a) The comptroller may provide open market purchasing services on a fee-for-service basis for state agency purchases that are delegated to an agency under Section...
- Texas Section 2155.083 - State Business Daily; Notice Regarding Procurements Exceeding $25,000
Sec. 2155.083. STATE BUSINESS DAILY; NOTICE REGARDING PROCUREMENTS EXCEEDING $25,000. (a) Except as provided by Subsection (n), this section applies to each state agency making...
- Texas Section 2155.084 - Purchases From Federal Government
(a) The commission or the governing body of an institution of higher education may negotiate purchases of goods of any kind needed by a state...
- Texas Section 2155.085 - Reverse Auction Procedure
(a) The commission shall: (1) purchase goods or services using the reverse auction procedure whenever: (A) the procedure provides the best value to the state;...
- Texas Section 2155.086 - Procedures For Awarding Certain Contracts
(a) In this section and in Section 2155.087, "chief clerk" means the chief clerk of the comptroller or the chief clerk's designee. (b) This section...
- Texas Section 2155.087 - Statewide Procurement Advisory Council
(a) In this section, "council" means the Statewide Procurement Advisory Council. (b) The Statewide Procurement Advisory Council consists of the following four members or their...
- Texas Section 2155.088 - Material Changes To Contracts
(a) Notwithstanding any other law, the performance of a contract for goods or services awarded under this chapter must substantially comply with the terms contained...
SUBCHAPTER C DELEGATIONS OF AND EXCLUSIONS FROM COMMISSION'S PURCHASING AUTHORITY AND CERTAIN EXEMPTIONS FROM COMPETITIVE BIDDING
- Texas Section 2155.089 - Reporting Vendor Performance
(a) After a contract is completed or otherwise terminated, each state agency shall review the vendor's performance under the contract. (b) The state agency shall...
- Texas Section 2155.131 - Delegation Of Authority To State Agencies
The commission may delegate purchasing functions to a state agency. Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1, 1995.
- Texas Section 2155.132 - Purchases Less Than Specified Monetary Amount
(a) A state agency is delegated the authority to purchase goods and services if the purchase does not exceed $15,000. If the commission determines that...
- Texas Section 2155.136 - Purchase Of Certain Medical Equipment By Medical Or Dental Unit
(a) A medical or dental unit listed under Section 61.003, Education Code, may purchase through the use of competitive sealed proposals: (1) prototypes of medical...
- Texas Section 2155.137 - Emergency Purchases
(a) The commission shall provide for emergency purchases by a state agency and may set a monetary limit on the amount of an emergency purchase....
- Texas Section 2155.138 - Exemption Of Goods Or Services Of Blind Or Visually Impaired Persons
(a) The competitive bidding provisions of this chapter do not apply to a state purchase of goods or services that: (1) are made or provided...
- Texas Section 2155.139 - Exemption For Certain Libraries And Health Facilities
(a) Section 2155.061 does not apply to an acquisition if: (1) the acquisition is for a: (A) library operated as a part of a university...
- Texas Section 2155.140 - Purchase From Gift Or Grant Not Within Commission's Purchasing Authority
The commission's authority does not apply to a purchase of goods or services from a gift or grant, including an industrial or federal grant or...
- Texas Section 2155.141 - Purchases For Auxiliary Enterprise Not Within Commission's Purchasing Authority
The commission's authority does not extend to a purchase of goods and services for an auxiliary enterprise. Added by Acts 1995, 74th Leg., ch. 41,...
- Texas Section 2155.143 - Purchase Of Care And Treatment Services By Texas Juvenile Justice Department
(a) The Texas Juvenile Justice Department may purchase care and treatment services, including educational services, for its wards. (b) The Texas Juvenile Justice Department shall:...
- Texas Section 2155.144 - Procurements By Health And Human Services Agencies
(a) This section applies only to the Health and Human Services Commission and to each health and human services agency. (b) An agency to which...
- Texas Section 2155.1441 - Health Care Purchasing
(a) A state agency shall acquire goods and services used in support of the agency's health care programs by the method that provides the greatest...
- Texas Section 2155.1442 - Foster Care Residential Contract Management
(a) Subject to Subsection (e), the state auditor shall conduct a management review of the residential contract management employees of the Health and Human Services...
- Texas Section 2155.145 - Certain Purchases By Texas Natural Resource Conservation Commission
The Texas Natural Resource Conservation Commission is delegated all purchasing functions relating to the administration of Subchapters F and I, Chapter 361, Health and Safety...
- Texas Section 2155.146 - Certain Purchases By Employees Retirement System Of Texas
(a) The Employees Retirement System of Texas is delegated all purchasing functions relating to the purchase of goods or services from funds other than general...
- Texas Section 2155.147 - Certain Purchases By General Land Office
(a) The General Land Office is delegated all purchasing functions relating to purchases under Section 33.603, Natural Resources Code, including coastal erosion studies, demonstration studies,...
- Texas Section 2155.148 - Certain Purchases For Texas Emergency Services Retirement System
(a) The Texas Emergency Services Retirement System is delegated all purchasing functions relating to the purchase of goods or services from funds other than general...
- Texas Section 2155.149 - Certain Purchases By Veterans' Land Board
(a) The Veterans' Land Board is delegated all purchasing functions relating to veterans homes and veterans cemeteries. (b) The Veterans' Land Board shall acquire goods...
SUBCHAPTER D EXTENSION OF COMMISSION PURCHASING SERVICES TO OTHER ENTITIES
- Texas Section 2155.150 - Certain Purchases By Railroad Commission Of Texas
(a) The Railroad Commission of Texas is delegated all purchasing functions relating to purchases under: (1) Chapter 89, Natural Resources Code; or (2) Sections 81.067...
- Texas Section 2155.202 - Mental Health And Mental Retardation Community Centers; Assistance Organizations; Child-care Providers
The following entities may purchase goods and services through the comptroller: (1) a community center for mental health and mental retardation services that receives state...
- Texas Section 2155.203 - Purchases By Legislature And Legislative Agencies
A house of the legislature, or an agency, council, or committee of the legislature, including the Legislative Budget Board, the Texas Legislative Council, the state...
SUBCHAPTER E MASTER BIDDERS LIST
- Texas Section 2155.204 - Local Government Purchasing Program
The commission's provision of purchasing services for local governments is governed by Subchapter D, Chapter 271, Local Government Code. Added by Acts 1995, 74th Leg.,...
- Texas Section 2155.261 - Applicability
This subchapter: (1) applies to a purchase or other acquisition under this chapter or Chapters 2156, 2157, and 2158 for which competitive bidding or competitive...
- Texas Section 2155.262 - Uniform Registration Form
(a) The commission shall develop a uniform registration form for applying to do business with the commission or with another state agency. (b) The commission...
- Texas Section 2155.263 - Commission To Maintain Centralized Master Bidders List
(a) The commission shall maintain a centralized master bidders list and register on the list the name and address of each vendor that applies for...
- Texas Section 2155.264 - Agency Solicitation Of Bids Or Proposals For Acquisition Over $15,000
Sec. 2155.264. AGENCY SOLICITATION OF BIDS OR PROPOSALS FOR ACQUISITION OVER $15,000. A state agency that proposes to make a purchase or other acquisition that...
- Texas Section 2155.265 - Access To Master Bidders List
(a) The commission shall make the master bidders list available to each state agency that makes a purchase or other acquisition to which this subchapter...
- Texas Section 2155.266 - Registration And Renewal Fee
(a) The comptroller may charge a person applying for registration on the master bidders list a registration fee and may charge a registrant a biennial...
- Texas Section 2155.267 - Commission Rules And Procedures Regarding Master Bidders List
(a) The commission shall adopt procedures for: (1) making and maintaining the master bidders list; and (2) removing an inactive vendor from the list. (b)...
- Texas Section 2155.268 - Use Of State Agency Bidders List
(a) A state agency may not maintain and use its own bidders list. The prohibition of this subsection does not apply to the Texas Department...
- Texas Section 2155.269 - Waiver
The commission by rule may establish a process under which the requirement for soliciting bids or proposals from eligible vendors on a bidders list may...
SUBCHAPTER F INSPECTION AND CERTIFICATION OF GOODS OR SERVICES; AUDITS
- Texas Section 2155.270 - Agency Assistance With Bidders List Issues
The commission may assist a state agency with issues relating to a bidders list. Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff....
- Texas Section 2155.321 - Definitions
In this subchapter: (1) "Financial information" means information that the comptroller determines is necessary to audit a claim under Chapter 403. (2) "Purchase information" means...
- Texas Section 2155.322 - Inspection And Certification
(a) A state agency shall: (1) inspect and evaluate at the time of receipt all goods or services that the agency receives to determine whether...
- Texas Section 2155.323 - Comptroller Audit; Transmission Of Purchase Information To Commission
(a) On receipt of a certification, financial information, and purchase information from a state agency as required by this subchapter, the comptroller shall audit the...
- Texas Section 2155.324 - Purchase Audit
(a) When the comptroller considers a purchase audit to be advisable, the comptroller shall audit the purchase information for compliance with applicable purchasing statutes and...
- Texas Section 2155.325 - Purchase Audit After Issuance Of Warrant
(a) The comptroller may audit purchase information after a warrant has been issued if the audit will expedite the payment process. (b) For audits under...
- Texas Section 2155.326 - Audit By State Auditor
Transactions, processes, and the performance of functions under this chapter and Chapters 2156, 2157, and 2158 are subject to audit by the state auditor under...
SUBCHAPTER G PAYMENT PROVISIONS
- Texas Section 2155.327 - Interagency Purchases And Transactions
This subchapter does not apply to an interagency purchase or transaction. An interagency purchase or transaction must be accomplished on a special voucher or electronically...
- Texas Section 2155.381 - Invoice
(a) The contractor or seller of goods or services contracted for by the comptroller shall submit an invoice to the ordering agency at the address...
- Texas Section 2155.382 - Payment By Warrant
(a) After the comptroller approves financial information and purchase information, when advance approval of that information is required by rule of the comptroller, the comptroller...
- Texas Section 2155.383 - Advance Payments To State Or Federal Agency
A state agency may make an advance payment to a federal or other state agency for goods purchased from the agency if an advance payment...
- Texas Section 2155.384 - Authority To Pay Charges
The commission, a state agency, or an entity authorized under Chapter 271, Local Government Code, or Section 2155.202 to purchase from a contract entered into...
- Texas Section 2155.385 - Credit Cards
(a) If authorized by rule adopted by the comptroller under Section 403.023, the commission may contract with one or more credit card issuers for state...
- Texas Section 2155.386 - Prepayment For Library Materials By Institution Of Higher Education
An institution of higher education may pay for books and other published library materials before receiving them if reasonably necessary for the efficient operation of...
SUBCHAPTER H PURCHASING PREFERENCES
- Texas Section 2155.387 - Payment For Road Construction Materials Delivered By Vehicle Exceeding Weight Limits
A state agency that purchases road construction materials may pay for road construction materials delivered in a vehicle that exceeds the maximum gross weight authorized...
- Texas Section 2155.441 - Preference For Products Of Persons With Mental Retardation Or Physical Disabilities
(a) The products of workshops, organizations, or corporations whose primary purpose is training and employing individuals having mental retardation or a physical disability shall be...
- Texas Section 2155.442 - Preference For Energy Efficient Products
The commission shall give preference to energy efficient products in purchases made under this subtitle if: (1) the products meet state specifications regarding quantity and...
- Texas Section 2155.443 - Preference For Rubberized Asphalt Paving
The commission may give preference to rubberized asphalt paving made from scrap tires by a facility in this state in purchases of rubberized asphalt paving...
- Texas Section 2155.444 - Preference To Texas And United States Products And Texas Services
(a) The commission and all state agencies making purchases of goods, including agricultural products, shall give preference to those produced or grown in this state...
- Texas Section 2155.4441 - Preference Under Service Contracts
A state agency that contracts for services shall require the contractor, in performing the contract, to purchase products and materials produced in this state when...
- Texas Section 2155.445 - Preference For Recycled, Remanufactured, Or Environmentally Sensitive Products
(a) The commission and state agencies shall give preference to recycled, remanufactured, or environmentally sensitive products, as those terms are defined by rule of the...
- Texas Section 2155.446 - Purchase And Use Of Paper Containing Recycled Fibers
(a) Subject to Subsection (c), the commission shall contract for paper containing the highest proportion of recycled fibers for all purposes for which paper with...
- Texas Section 2155.447 - Purchase Of Recycled Oil
The commission, all state agencies, and all state agency employees who purchase motor oil and other automotive lubricants for state-owned vehicles shall give preference to...
- Texas Section 2155.448 - Expenditures For Recycled, Remanufactured, Or Environmentally Sensitive Commodities Or Services
(a) Each state fiscal year, the commission by rule may identify recycled, remanufactured, or environmentally sensitive commodities or services, as those terms are defined by...
- Texas Section 2155.449 - Preference To Products And Services From Economically Depressed Or Blighted Area
(a) In this section, "economically depressed or blighted area" means an area that: (1) is an economically depressed or blighted area as defined by Section...
- Texas Section 2155.450 - Preference For Products Of Facilities On Formerly Contaminated Property
The commission and state agencies shall give preference to goods produced at a facility located on property for which the owner has received a certificate...
- Texas Section 2155.451 - Vendors That Meet Or Exceed Air Quality Standards
(a) This section applies only to a contract to be performed, wholly or partly, in a nonattainment area or in an affected county, as those...
- Texas Section 2155.452 - Preference For Contractors Providing Foods Of Higher Nutritional Value
(a) The commission and state agencies making purchases of food for consumption in a public cafeteria may give preference to contractors who provide foods of...
SUBCHAPTER I MULTIPLE AWARD CONTRACT SCHEDULE
- Texas Section 2155.453 - Certain Contracts For Homeland Security Or Law Enforcement Technology
A state governmental entity that issues a request for proposals for technological products or services for homeland security or law enforcement purposes must allow a...
- Texas Section 2155.501 - Definitions
In this subchapter: (1) "Department" means the Department of Information Resources. (2) "Local government" has the meaning assigned by Section 271.101, Local Government Code. (3)...
- Texas Section 2155.502 - Development Of Multiple Award Contract Schedule
(a) The commission shall develop a schedule of multiple award contracts that have been previously awarded using a competitive process by: (1) the federal government,...
- Texas Section 2155.503 - Rules
(a) The comptroller and the department shall adopt rules to implement this subchapter. The rules must: (1) establish standard terms for contracts listed on a...
- Texas Section 2155.504 - Use Of Schedule By Governmental Entities
(a) A state agency or local government may purchase goods or services directly from a vendor under a contract listed on a schedule developed under...
- Texas Section 2155.505 - Historically Underutilized And Small Businesses
(a) In this section: (1) "Historically underutilized business" has the meaning assigned by Section 2161.001. (2) "Small business" means a small business concern as defined...
- Texas Section 2155.506 - Reporting Requirements
(a) A vendor listed on a contract for a schedule developed under this subchapter shall report its sales to the commission in the manner prescribed...
- Texas Section 2155.508 - Internet Availability
(a) The commission shall develop a database of the multiple award contracts developed under this subchapter and make that information available on an Internet site....
- Texas Section 2155.509 - Notice Regarding Procurements Exceeding $25,000
Sec. 2155.509. NOTICE REGARDING PROCUREMENTS EXCEEDING $25,000. After a purchase order has been placed, a state agency subject to Section 2155.083 shall post, as required...
- Texas Section 2155.510 - Rebates
(a) The commission may collect a rebate from a vendor under a contract listed on a schedule developed under this subchapter. (b) If a purchase...