Title GV, Government Code

Sec. 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 will expedite delivery of the goods. Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, …

Sec. 2155.384. AUTHORITY TO PAY CHARGES. The comptroller, a state agency, or an entity authorized under Chapter 271, Local Government Code, or Section 2155.202 to purchase from a contract entered into under the authority of the comptroller may pay a restocking charge, cancellatio…

Sec. 2155.385. CREDIT CARDS. (a) If authorized by rule adopted by the comptroller under Section 403.023, the comptroller may contract with one or more credit card issuers for state agencies to use credit cards to pay for purchases. The comptroller may not enter into a contract th…

Sec. 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 the institution's libraries.…

Sec. 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 by law fo…

Sec. 2155.441. PREFERENCE FOR PRODUCTS OF PERSONS WITH INTELLECTUAL OR PHYSICAL DISABILITIES. (a) The products of workshops, organizations, or corporations whose primary purpose is training and employing individuals having an intellectual disability or a physical disability shall…

Sec. 2155.442. PREFERENCE FOR ENERGY EFFICIENT PRODUCTS. The comptroller shall give preference to energy efficient products in purchases made under this subtitle if: (1) the products meet state specifications regarding quantity and quality; and (2) the cost of the product is equa…

Sec. 2155.443. PREFERENCE FOR RUBBERIZED ASPHALT PAVING. The comptroller may give preference to rubberized asphalt paving made from scrap tires by a facility in this state in purchases of rubberized asphalt paving material if the cost as determined by a life-cycle cost benefit an…

Sec. 2155.444. PREFERENCE TO TEXAS AND UNITED STATES PRODUCTS AND TEXAS SERVICES. (a) The comptroller and all state agencies making purchases of goods, including agricultural products, shall give preference to those produced or grown in this state or offered by Texas bidders as f…

Sec. 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 they are available at a price and time comparable to products an…

Sec. 2155.445. PREFERENCE FOR RECYCLED, REMANUFACTURED, OR ENVIRONMENTALLY SENSITIVE PRODUCTS. (a) The comptroller and state agencies shall give preference to recycled, remanufactured, or environmentally sensitive products, as those terms are defined by rule of the comptroller, i…

Sec. 2155.446. PURCHASE AND USE OF PAPER CONTAINING RECYCLED FIBERS. (a) Subject to Subsection (c), the comptroller shall contract for paper containing the highest proportion of recycled fibers for all purposes for which paper with recycled fibers may be used and to the extent th…

Sec. 2155.447. PURCHASE OF RECYCLED OIL. The comptroller, all state agencies, and all state agency employees who purchase motor oil and other automotive lubricants for state-owned vehicles shall give preference to motor oils and lubricants that contain at least 25 percent recycle…

Sec. 2155.448. EXPENDITURES FOR RECYCLED, REMANUFACTURED, OR ENVIRONMENTALLY SENSITIVE COMMODITIES OR SERVICES. (a) Each state fiscal year, the comptroller by rule may identify recycled, remanufactured, or environmentally sensitive commodities or services, as those terms are defi…

Sec. 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 2306.004; or (2) meets the d…

Sec. 2155.450. PREFERENCE FOR PRODUCTS OF FACILITIES ON FORMERLY CONTAMINATED PROPERTY. The comptroller and state agencies shall give preference to goods produced at a facility located on property for which the owner has received a certificate of completion under Section 361.609,…

Sec. 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 terms are defined by Section 386.001, Health and Safety Code. (b) The comptr…

Sec. 2155.452. PREFERENCE FOR CONTRACTORS PROVIDING FOODS OF HIGHER NUTRITIONAL VALUE. (a) The comptroller and state agencies making purchases of food for consumption in a public cafeteria may give preference to contractors who provide foods of higher nutritional value and who do…

Sec. 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 business entity to substitut…

Sec. 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) "Multiple award contract" means an award of a contract for an indefinite …

Sec. 2155.502. DEVELOPMENT OF MULTIPLE AWARD CONTRACT SCHEDULE. (a) The comptroller shall develop a schedule of multiple award contracts that have been previously awarded using a competitive process by: (1) the federal government, including the federal General Services Administra…

Sec. 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 schedule; and (2) maintain consistency with existing purchasing standards. (b) The comptroller and t…

Sec. 2155.504. USE OF SCHEDULE BY GOVERNMENTAL ENTITIES. (a) Except as provided by this subsection, a state agency or local government may purchase goods or services directly from a vendor under a contract listed on a schedule developed under this subchapter. A state agency or lo…

Sec. 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 by regulations of the United States Small Bu…

Sec. 2155.506. REPORTING REQUIREMENTS. (a) A vendor listed on a contract for a schedule developed under this subchapter shall report its sales to the comptroller in the manner prescribed by the comptroller. (b) The comptroller shall compile the information reported under Subsecti…

Sec. 2155.508. INTERNET AVAILABILITY. (a) The comptroller shall develop a database of the multiple award contracts developed under this subchapter and make that information available on an Internet site. The database must have search capabilities that allow a person to easily acc…

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 under that section, a procurement made under a contract listed on a schedule developed under this subchapter.…

Sec. 2155.510. REBATES. (a) The comptroller may collect a rebate from a vendor under a contract listed on a schedule developed under this subchapter. (b) The comptroller shall notify a state agency purchasing a good or service through a contract listed on a schedule developed und…

Sec. 2156.001. CONTRACT PURCHASE PROCEDURE AUTHORIZED. The comptroller may use the contract purchase procedure to purchase goods and services. 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. 60,…

Sec. 2156.0011. 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. 1.18, eff. September 1, 2007. Amended by: Acts 2019, 86th Leg., R.S., Ch. 1…

Sec. 2156.0012. 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. 2156.0013. PROFESSIONAL SERVICES. This chapter does not apply to a contract for professional services, as that term is defined by Section 2254.002. Added by Acts 2025, 89th Leg., R.S., Ch. 669 (H.B. 4748), Sec. 1, eff. September 1, 2025.

Sec. 2156.002. SOLICITATION OF BIDS THROUGH PUBLIC NOTICE. (a) A notice inviting bids shall be published at least once in at least one newspaper of general circulation in the state not later than the seventh day before the last day set for the receipt of bids. (b) The notice must…

Sec. 2156.003. SOLICITATION OF BIDS THROUGH BIDDERS LIST; BID INVITATIONS. (a) The comptroller shall electronically maintain a bidders list. If the comptroller determines that it is in the state's best interest, the comptroller may also maintain the list on paper. The comptroller…

Sec. 2156.004. BID DEPOSIT. (a) The comptroller, as considered necessary, may require a bid deposit in an amount determined by the comptroller. The amount of the deposit, if any, must be stated in the public notice and the invitation to bid. (b) On the award of a bid or the rejec…

Sec. 2156.005. BID SUBMISSION AND OPENING; PUBLIC INSPECTION. (a) A bidder must submit a sealed bid to the comptroller or to the state agency making a purchase. The bid must be identified on the envelope as a bid. (b) Subsection (a) does not apply to bids submitted through the us…

Sec. 2156.006. SUBMISSION OF ADDITIONAL MATERIAL WITH BID. (a) A bidder as an essential element of the materiality of the bid must comply with the specified time limit for the submission of written information, samples, or models at or before the time for bid opening. (b) The com…

Sec. 2156.007. CONTRACT AWARD. (a) The comptroller or other state agency making a purchase shall award a contract to the bidder offering the best value for the state while conforming to the specifications required. (b) In determining the bidder offering the best value, the comptr…

Sec. 2156.008. REJECTION OF BIDS. (a) The comptroller or other state agency making the purchase shall reject a bid in which there is a material failure to comply with specification requirements. (b) The comptroller or other state agency may reject all bids or parts of bids if the…

Sec. 2156.009. REASONS FOR AWARD. On award of a contract, the division of the comptroller responsible for purchasing or the state agency making the purchase shall prepare and file with other records relating to the transaction a statement of the reasons for making the award to th…

Sec. 2156.010. TIE BIDS. In the case of tie bids, the value and cost to the state being equal, a contract shall be awarded under comptroller rules. Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1, 1995. Amended by Acts 1997, 75th Leg., ch. 1206, Sec. 14, eff. Sept. 1,…

Sec. 2156.011. PERFORMANCE BOND. (a) The comptroller may require a performance bond before executing a contract. (b) The comptroller may require the bond in an amount that the comptroller finds reasonable and necessary to protect the state's interests. (c) Any bond required shall…

Sec. 2156.061. USE OF OPEN MARKET PURCHASE PROCEDURE. On a comptroller determination that a purchase of goods or services may be made most effectively in the open market, the comptroller may use the open market purchase procedure and the purchase may be made without newspaper adv…

Sec. 2156.062. MINIMUM NUMBER AND EVALUATION OF BIDS. An open market purchase shall, to the extent possible, be: (1) based on at least three competitive bids; and (2) awarded to the bidder offering the best value for the state in accordance with standards set forth in Chapters 21…

Sec. 2156.063. SOLICITATION OF BIDS. The comptroller and each state agency making a purchase shall solicit bids under this subchapter by: (1) direct mail; (2) telephone; (3) facsimile transmission; or (4) online electronic transmission. Added by Acts 1995, 74th Leg., ch. 41, Sec.…

Sec. 2156.064. RECORDING AND INSPECTION OF BIDS. (a) The comptroller shall keep a record of all open market orders and bids submitted on the orders. (b) A tabulation of the bids shall be open for public inspection, under rules established by the comptroller. (c) A tabulation of t…