Title GV, Government Code

Sec. 2155.081. VENDOR ADVISORY COMMITTEE. (a) The comptroller may establish a vendor advisory committee. The purpose of the committee is to represent before the comptroller the vendor community, to provide information to vendors, and to obtain vendor input on state procurement pr…

Sec. 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 2155.131, …

Sec. 2155.083. ELECTRONIC STATE BUSINESS DAILY; NOTICE REGARDING PROCUREMENTS EXCEEDING $25,000. (a) Except as provided by Subsection (n), this section applies to each state agency making a procurement that will exceed $25,000 in value, without regard to the source of funds the a…

Sec. 2155.084. PURCHASES FROM FEDERAL GOVERNMENT. (a) The comptroller or the governing body of an institution of higher education may negotiate purchases of goods of any kind needed by a state agency or the institution of higher education with the appropriate agency of the federa…

Sec. 2155.085. REVERSE AUCTION PROCEDURE. (a) The comptroller shall: (1) purchase goods or services using the reverse auction procedure whenever: (A) the procedure provides the best value to the state; or (B) all purchasing methods provide equal value to the state; (2) offer hist…

Sec. 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 in the written solicitation for the contract and the terms considered…

Sec. 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. If the value of the contract exceeds $5 million, the state agency shall review the vendor's performa…

Sec. 2155.090. VENDOR AND EMPLOYEE INTERACTION AND COMMUNICATION POLICY. (a) The comptroller shall update a contract management guide to include policies on the interactions and communication between employees of the state agency and a vendor that contracts with the state agency …

Sec. 2155.091. CHIEF PROCUREMENT OFFICER: POWERS AND DUTIES. (a) The comptroller shall employ a chief procurement officer to serve as the chief procurement officer for this state. (b) The chief procurement officer has authority over state agency procurement, including the authori…

Sec. 2155.131. DELEGATION OF AUTHORITY TO STATE AGENCIES. The comptroller may delegate purchasing functions to a state agency. 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. 1524), Sec. 24, eff. September …

Sec. 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 $50,000. If the comptroller determines that a state agency has not followed the comptroller's rules or the la…

Sec. 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 equipment not yet available on the mar…

Sec. 2155.137. EMERGENCY PURCHASES. (a) The comptroller shall provide for emergency purchases by a state agency and may set a monetary limit on the amount of an emergency purchase. (b) The provisions of Section 2161.181 relating to historically underutilized businesses apply to a…

Sec. 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 by blind or visually impaired persons; (2) are offered …

Sec. 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 system or institution of higher education; (B) library or resource-sharing …

Sec. 2155.140. PURCHASE FROM GIFT OR GRANT NOT WITHIN COMPTROLLER'S PURCHASING AUTHORITY. The comptroller's authority does not apply to a purchase of goods or services from a gift or grant, including an industrial or federal grant or contract in support of research. Added by Acts…

Sec. 2155.141. PURCHASES FOR AUXILIARY ENTERPRISE NOT WITHIN COMPTROLLER'S PURCHASING AUTHORITY. The comptroller's authority does not extend to a purchase of goods and services for an auxiliary enterprise. Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1, 1995. Amended…

Sec. 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: (1) neg…

Sec. 2155.144. PROCUREMENTS BY HEALTH AND HUMAN SERVICES AGENCIES. (a) This section applies only to the Health and Human Services Commission, each health and human services agency, the Department of Family and Protective Services, and agencies administratively attached to the Hea…

Sec. 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 volume discount for the goods or services, including group purchasing programs, state agency p…

Sec. 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 Commission and the Department of Family and Protective…

Sec. 2155.145. CERTAIN PURCHASES BY TEXAS COMMISSION ON ENVIRONMENTAL QUALITY. The Texas Commission on Environmental Quality is delegated all purchasing functions relating to the administration of Subchapters F and I, Chapter 361, Health and Safety Code, subject to the rules adop…

Sec. 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 revenue funds for a purpose the retirement syst…

Sec. 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, and response projects. (b) The …

Sec. 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 revenue funds for a purpose the st…

Sec. 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 and services under Subsection (a) by any procurement m…

Sec. 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; (2) Sections 81.067 and 81.068, Natural Resources Code; and (3) Chapte…

Sec. 2155.202. 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 services or intellectual disability services that receives state grants-in-ai…

Sec. 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 auditor's office, and the Legislative Reference L…

Sec. 2155.204. LOCAL GOVERNMENT PURCHASING PROGRAM. The comptroller's provision of purchasing services for local governments is governed by Subchapter D, Chapter 271, Local Government Code. Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1, 1995. Amended by: Acts 2019, …

Sec. 2155.205. INTERSTATE PURCHASING. (a) Subject to Section 2156.181 or other law, the comptroller may enter into agreements to authorize state agencies and political subdivisions of other states to purchase goods or services through comptroller contracts. (b) The comptroller ma…

Sec. 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 sealed proposals are required; (2) applies to a state agency that makes a purchase or oth…

Sec. 2155.262. UNIFORM REGISTRATION FORM. (a) The comptroller shall develop a uniform registration form for applying to do business with the comptroller or with another state agency. (b) The comptroller and each state agency shall make the form available to an applicant. (c) The …

Sec. 2155.263. CENTRALIZED MASTER BIDDERS LIST. (a) The comptroller shall maintain a centralized master bidders list and register on the list the name and address of each vendor that applies for registration under rules adopted under this subchapter. The comptroller may include o…

Sec. 2155.264. AGENCY SOLICITATION OF BIDS OR PROPOSALS FOR ACQUISITION OVER $25,000. A state agency that proposes to make a purchase or other acquisition that will cost more than $25,000 shall solicit bids or proposals from each eligible vendor on the master bidders list that se…

Sec. 2155.265. ACCESS TO MASTER BIDDERS LIST. (a) The comptroller shall make the master bidders list available to each state agency that makes a purchase or other acquisition to which this subchapter applies. (b) The comptroller shall make the list available either electronically…

Sec. 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 renewal fee in an amount designed to recover the comptroller's costs in: (1) making …

Sec. 2155.267. RULES AND PROCEDURES REGARDING MASTER BIDDERS LIST. (a) The comptroller shall adopt procedures for: (1) making and maintaining the master bidders list; and (2) removing an inactive vendor from the list. (b) The comptroller shall establish by rule a vendor classific…

Sec. 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 of Transportation. (b) A state agency may supplement the bidders list with its own list of …

Sec. 2155.269. WAIVER. The comptroller by rule may establish a process under which the requirement for soliciting bids or proposals from eligible vendors on a bidders list may be waived for an appropriate state agency or an appropriate purchase or other acquisition under circumst…

Sec. 2155.270. AGENCY ASSISTANCE WITH BIDDERS LIST ISSUES. The comptroller may assist a state agency with issues relating to a bidders list. 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. 1524), Sec. 39, e…

Sec. 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 information that the comptroller determines is necessary to audit a purc…

Sec. 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 the goods or services comply with the contract under which they were purchased; and (2) certi…

Sec. 2155.323. AUDIT OF FINANCIAL INFORMATION. (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 financial information under Chapter 403. (b) If the comptroller ap…

Sec. 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 rules. (b) The comptroller may determine the auditing method used under …

Sec. 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 this section, the comptroller by rule shall: (1) determine the types of…