Title GV, Government Code

Sec. 2152.054. CONFLICTS OF INTEREST. (a) An individual may not serve as a member of the commission or act as the general counsel to the commission if the individual is required to register as a lobbyist under Chapter 305 because of the individual's activities for compensation on…

Sec. 2152.055. INFORMATION ABOUT QUALIFICATIONS AND STANDARDS OF CONDUCT. The commission shall provide its members and employees, as often as necessary, information regarding their: (1) qualifications for office or employment under this subtitle; and (2) responsibilities under ap…

Sec. 2152.056. REMOVAL OF COMMISSION MEMBER. (a) It is a ground for removal from the commission that a member: (1) violates a prohibition established by Section 2152.054; (2) cannot discharge because of illness or disability the member's duties for a substantial part of the term …

Sec. 2152.057. TERMS. Commission members serve staggered six-year terms with two or three members' terms expiring January 31 of each odd-numbered year. Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1, 1995. Amended by Acts 2001, 77th Leg., ch. 1422, Sec. 1.12, eff. Se…

Sec. 2152.058. PRESIDING OFFICER; MEETINGS. (a) The governor annually shall appoint a presiding officer from among the commission members. (b) The commission shall meet at least quarterly. The commission may meet at other times at the call of the presiding officer or as provided …

Sec. 2152.0581. TRAINING FOR COMMISSION MEMBERS. (a) A person who is appointed to and qualifies for office as a member of the commission may not vote, deliberate, or be counted as a member in attendance at a meeting of the commission until the person completes a training program …

Sec. 2152.059. REIMBURSEMENT FOR EXPENSES. A commission member is not entitled to compensation but is entitled to reimbursement for actual and necessary expenses incurred in performing functions as a commission member. Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1, …

Sec. 2152.060. PUBLIC INTEREST INFORMATION AND COMPLAINTS. (a) The commission shall prepare information of public interest describing the commission's functions and the procedures by which complaints are filed with and resolved by the commission. The commission by rule shall esta…

Sec. 2152.061. PUBLIC ACCESS. (a) The commission shall prepare and maintain a written plan that describes how an individual who does not speak English can be provided reasonable access to the commission's programs. (b) The commission shall develop and implement policies that prov…

Sec. 2152.064. CONFLICTS OF INTEREST IN CERTAIN TRANSACTIONS. (a) A commission member, employee, or appointee may not: (1) have an interest in, or in any manner be connected with: (A) a contract or bid for a purchase of goods or services, including professional or consulting serv…

Sec. 2152.065. REPRESENTATION ON BOARD OR COMMITTEE. If the commission must be represented on a board or committee, the executive director or the executive director's designee shall serve as the commission's representative on the board or committee unless the presiding officer of…

Sec. 2152.066. NEGOTIATED RULEMAKING AND ALTERNATIVE DISPUTE RESOLUTION POLICY. (a) The commission shall develop and implement a policy to encourage the use of: (1) negotiated rulemaking procedures under Chapter 2008 for the adoption of commission rules; and (2) appropriate alter…

Sec. 2152.101. EXECUTIVE DIRECTOR. (a) The commission shall employ an executive director who has demonstrated executive and organizational ability. (b) The executive director serves at the commission's pleasure. Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1, 1995.

Sec. 2152.103. GENERAL POWERS AND DUTIES OF EXECUTIVE DIRECTOR. (a) The executive director shall manage the commission's affairs under the commission's direction. (b) The commission's directions to the executive director shall be: (1) made only at an open meeting of the commissio…

Sec. 2152.104. ASSOCIATE DEPUTY DIRECTORS; DIVISIONS; DIVISION DIRECTORS. (a) The commission shall have an appropriate number of associate deputy directors. (b) Each division shall be managed by a division director who shall report to the associate deputy director who administers…

Sec. 2152.105. RESPONSIBILITIES OF COMMISSION AND COMMISSION STAFF. The commission shall develop and implement policies that clearly define the responsibilities of the commission and the commission's staff. Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1, 1995.

Sec. 2152.106. PROHIBITION OF GRANT OF AUTHORITY BY POWER OF ATTORNEY. A commission member may not by power of attorney grant authority to the executive director or another commission employee. Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1, 1995.

Sec. 2152.107. MERIT PAY. (a) The executive director or the executive director's designated representative shall develop a system of annual performance evaluations. (b) Merit pay for commission employees must be based on the system established under this section. Added by Acts 19…

Sec. 2152.108. CAREER LADDER. The executive director or the executive director's designated representative shall develop an intra-agency career ladder program. The program must require intra-agency posting of all non-entry-level positions concurrently with any public posting. Add…

Sec. 2152.109. EQUAL EMPLOYMENT OPPORTUNITY POLICY. (a) The executive director or the executive director's designated representative shall prepare and maintain a written policy statement to assure implementation of a program of equal employment opportunity under which all personn…

Sec. 2152.110. CENTER FOR ALTERNATIVE FINANCE AND PROCUREMENT. The commission shall establish the center for alternative finance and procurement to consult with governmental entities regarding best practices for procurement and the financing of qualifying projects and to assist g…

Sec. 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 of skilled or unskilled labor or professional work, but does not include a: (A) prof…

Sec. 2155.0011. COMPTROLLER POWERS AND DUTIES. The comptroller has under this chapter the powers and duties described by Section 2151.004(d). Added by Acts 2007, 80th Leg., R.S., Ch. 937 (H.B. 3560), Sec. 1.06, eff. September 1, 2007. Amended by: Acts 2019, 86th Leg., R.S., Ch. 1…

Sec. 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 hearing regarding the proposed rule regardless of whether the require…

Sec. 2155.002. FOCUS ON LARGE EXPENDITURES. To the extent possible, the comptroller shall focus its efforts under this chapter and Chapters 2156, 2157, and 2158 on purchases and contracts that involve relatively large amounts of money. Added by Acts 1995, 74th Leg., ch. 41, Sec. …

Sec. 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, a contract or bid for a purchase of goods or services by an agency of the state; or (2) in any manner, including…

Sec. 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 the agency to participate in preparing the specifications or request for pro…

Sec. 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 represented by the bidder, nor any person acting for the represented person has: (1) violated th…

Sec. 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 gulf coast region of the United States in August 2005. (b) A state a…

Sec. 2155.0061. PROHIBITION ON CERTAIN BIDS AND CONTRACTS RELATED TO PERSONS INVOLVED IN HUMAN TRAFFICKING. (a) A state agency may not accept a bid or award a contract, including a contract for which purchasing authority is delegated to a state agency, that includes proposed fina…

Sec. 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 of the department and the comptroller to: (1) ide…

Sec. 2155.061. COMPTROLLER PURCHASING SYSTEM. (a) The comptroller shall acquire by purchase, lease, rental, or another manner all goods and services for a state agency, including a purchase that does not require a competitive bid or a spot purchase. (b) The comptroller shall oper…

Sec. 2155.062. PURCHASE METHODS. (a) In purchasing goods and services the comptroller may use, but is not limited to, the: (1) contract purchase procedure; (2) multiple award contract procedure, including under any schedules developed under Subchapter I; (3) open market purchase …

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

Sec. 2155.064. SCHEDULE AND BULK PURCHASING. The comptroller may combine orders in a system of schedule purchasing and shall attempt to benefit from bulk purchasing. Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1, 1995. Amended by: Acts 2019, 86th Leg., R.S., Ch. 107…

Sec. 2155.065. CONTRACTS WITH DEPARTMENT OF CRIMINAL JUSTICE. (a) The comptroller is authorized to make contracts with the Texas Department of Criminal Justice for the purchase of goods and services for use by another state agency. (b) The Texas Department of Criminal Justice sha…

Sec. 2155.066. REVIEW OF SPECIFICATIONS. The comptroller shall review the specifications and purchase conditions of goods or services considered for purchase. Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1, 1995. Amended by: Acts 2019, 86th Leg., R.S., Ch. 1071 (H.B.…

Sec. 2155.067. PROPRIETARY PURCHASES. (a) If, after review under Section 2155.066, the comptroller finds that specifications and conditions of a purchase request describe a product that is proprietary to one vendor and do not permit an equivalent product to be supplied, the compt…

Sec. 2155.068. UNIFORM STANDARDS AND SPECIFICATIONS. (a) The comptroller may coordinate uniform standards and specifications for goods purchased by the comptroller. The comptroller by rule may adopt appropriate standards developed by a nationally recognized standards-making assoc…

Sec. 2155.069. TESTING AND INSPECTION. (a) The comptroller may test and inspect goods and services purchased under a contract administered by the comptroller to ensure compliance with specifications. (b) The comptroller may contract for testing under this section. (c) The comptro…

Sec. 2155.070. FAILURE TO MEET SPECIFICATIONS. (a) A state agency that determines that goods or services received under a contract administered by the comptroller do not meet specifications shall promptly notify the comptroller in writing of the reasons for the determination. The…

Sec. 2155.072. STATEWIDE OR REGIONAL SERVICES CONTRACTS; STUDIES. (a) The comptroller annually shall select for study at least one service that is purchased by one or more state agencies. The comptroller shall study a selected service to determine whether the state would benefit …

Sec. 2155.073. PARTICIPATION BY SMALL BUSINESSES IN STATE PURCHASING. The comptroller shall foster participation of small businesses in the purchasing activities of the state by: (1) assisting state agencies in developing procedures to ensure the inclusion of small businesses on …

Sec. 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 comptroller, shall purchase goods and services that provide the best value for the state. (b) In determining the bes…

Sec. 2155.075. REQUIREMENT TO SPECIFY VALUE FACTORS IN REQUEST FOR BIDS OR PROPOSALS. (a) For a purchase made through competitive bidding, the comptroller or other state agency making the purchase must specify in the request for bids: (1) the factors other than price that the com…

Sec. 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 purchase goods or services using the best value standard; (2) ensure…