Title GV, Government Code

Sec. 2158.401. DEFINITION; APPLICABILITY. (a) In this subchapter, "state agency" means a board, commission, department, office, or other agency in the executive, legislative, or judicial branch of state government that is created by the constitution or a statute of this state, in…

Sec. 2158.402. REQUIRED DISCLOSURE. (a) A state agency on request of another state agency shall disclose information relating to the amounts charged by a pharmacy benefit manager for pharmacy benefit manager services provided under a prescription drug program and other requested …

Sec. 2158.403. CONFIDENTIALITY. The information received by a state agency under this subchapter may not be disclosed to a person outside of the state agency or its agents. Added by Acts 2009, 81st Leg., R.S., Ch. 1207 (S.B. 704), Sec. 1, eff. September 1, 2009.

Sec. 2161.001. DEFINITIONS. In this chapter: (1) "Goods" means supplies, materials, or equipment. (2) "Historically underutilized business" means an entity with its principal place of business in this state that is: (A) a corporation formed for the purpose of making a profit in w…

Sec. 2161.0011. 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. 1.21, eff. September 1, 2007. Amended by: Acts 2019, 86th Leg., R.S., Ch. 1…

Sec. 2161.0012. AUTHORITY TO ADOPT RULES. (a) 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 req…

Sec. 2161.0015. DETERMINING SIZE STANDARDS FOR HISTORICALLY UNDERUTILIZED BUSINESSES. The comptroller may establish size standards that a business may not exceed if it is to be considered a historically underutilized business under this chapter. In determining the size standards,…

Sec. 2161.002. ADMINISTRATION; RULES. (a) To administer Subchapters B and C, the comptroller may: (1) require information from a state agency; and (2) adopt rules. (c) In adopting rules to administer this chapter, the comptroller shall adopt rules that are based on the results of…

Sec. 2161.003. AGENCY RULES. A state agency, including an institution of higher education, shall adopt the comptroller's rules under Section 2161.002 as the agency's or institution's own rules. Those rules apply to the agency's construction projects and purchases of goods and ser…

Sec. 2161.004. APPLICABILITY; INTENT. (a) This chapter and rules adopted by the comptroller under this chapter apply to state agency construction projects and purchases of goods and services that are paid for with appropriated money and made under the authority of this subtitle o…

Sec. 2161.005. TRANSFER OF FUNDS FOR PURCHASING. If the state auditor reports to the comptroller under Section 2161.123(d) that a state agency is not complying with Section 2161.123, the comptroller shall report that fact to the Legislative Budget Board. If the Legislative Budget…

Sec. 2161.061. CERTIFICATION OF HISTORICALLY UNDERUTILIZED BUSINESSES. (a) The comptroller shall certify historically underutilized businesses. (b) As one of its certification procedures, the comptroller may: (1) approve the certification program of one or more local governments …

Sec. 2161.062. ASSISTANCE TO HISTORICALLY UNDERUTILIZED BUSINESSES. (a) The comptroller shall seek the advice of the governor, legislature, and state agencies in identifying and developing opportunities for historically underutilized businesses. (b) The comptroller shall offer hi…

Sec. 2161.063. ASSISTING STATE AGENCIES. (a) The comptroller shall encourage state agencies to use historically underutilized businesses by: (1) working with state agencies to establish a statewide policy for increasing the use of historically underutilized businesses; (2) assist…

Sec. 2161.064. DIRECTORY. (a) The comptroller shall compile, in the most cost-efficient form, a directory of businesses certified as historically underutilized businesses under Section 2161.061. (b) The comptroller at least semiannually shall update the directory and provide acce…

Sec. 2161.065. MENTOR-PROTEGE PROGRAM. (a) The comptroller shall design a mentor-protege program to foster long-term relationships between prime contractors and historically underutilized businesses and to increase the ability of historically underutilized businesses to contract …

Sec. 2161.066. HISTORICALLY UNDERUTILIZED BUSINESS FORUMS. (a) The comptroller shall design a program of forums in which historically underutilized businesses are invited by state agencies to deliver technical and business presentations that demonstrate their capability to do bus…

Sec. 2161.121. REPORT OF CONTRACTS AWARDED TO HISTORICALLY UNDERUTILIZED BUSINESSES. (a) The comptroller shall prepare a consolidated report that: (1) includes the number and dollar amount of contracts awarded and paid to historically underutilized businesses certified by the com…

Sec. 2161.122. INFORMATION GATHERING BY STATE AGENCY. (a) To ensure accuracy in reporting, a state agency shall maintain and compile monthly information relating to the use by the agency and each of its operating divisions of historically underutilized businesses, including infor…

Sec. 2161.123. STRATEGIC PLANNING. (a) Each state agency, including the comptroller, that is required to have a strategic plan under Chapter 2056 shall include in its strategic plan a written plan for increasing the agency's use of historically underutilized businesses in purchas…

Sec. 2161.124. STATE AGENCY PROGRESS REPORTS. (a) Each state agency, including the comptroller, shall prepare a report for each fiscal year documenting progress under its plan for increasing use of historically underutilized businesses. (b) The comptroller shall develop a standar…

Sec. 2161.125. CATEGORIZATION OF HISTORICALLY UNDERUTILIZED BUSINESSES. The comptroller, in cooperation with each state agency reporting under this subchapter, shall categorize each historically underutilized business included in a report under this subchapter by sex, race, and e…

Sec. 2161.126. EDUCATION AND OUTREACH. Before October 15 of each year, the comptroller shall report to the governor, the lieutenant governor, and the speaker of the house of representatives on the education and training efforts that the comptroller has made toward historically un…

Sec. 2161.127. LEGISLATIVE APPROPRIATIONS REQUESTS. (a) Each state agency must include as part of its legislative appropriations request a detailed report for consideration by the budget committees of the legislature that shows the extent to which the agency complied with this ch…

Sec. 2161.181. GOALS FOR PURCHASES OF GOODS AND SERVICES. A state agency, including the comptroller, shall make a good faith effort to increase the contract awards for the purchase of goods or services that the agency expects to make during a fiscal year to historically underutil…

Sec. 2161.182. GOALS FOR CONSTRUCTION CONTRACTS. (a) A state agency that contracts for a construction project, including a project under Section 2166.003, shall make a good faith effort to increase the construction contract awards that the agency expects to make during a fiscal y…

Sec. 2161.183. ESTIMATE OF EXPECTED CONTRACT AWARDS. (a) Not later than the 60th day of its fiscal year, a state agency, including the comptroller: (1) shall estimate the total value of contract awards the agency expects to make for that fiscal year that are subject to Section 21…

Sec. 2161.231. PENALTY. (a) A person commits an offense if the person: (1) intentionally applies as a historically underutilized business for an award of a purchasing contract or public works contract under this subtitle; and (2) knows the person is not a historically underutiliz…

Sec. 2161.251. APPLICABILITY. (a) This subchapter applies to all contracts entered into by a state agency with an expected value of $100,000 or more, including: (1) contracts for the acquisition of a good or service; and (2) contracts for or related to the construction of a publi…

Sec. 2161.252. AGENCY DETERMINATION REGARDING SUBCONTRACTING OPPORTUNITIES; BUSINESS SUBCONTRACTING PLAN. (a) Each state agency that considers entering into a contract with an expected value of $100,000 or more shall, before the agency solicits bids, proposals, offers, or other a…

Sec. 2161.253. GOOD FAITH COMPLIANCE WITH BUSINESS SUBCONTRACTING PLAN. (a) When a state agency requires a historically underutilized business subcontracting plan under Section 2161.252, the awarded contract shall contain, as a provision of the contract that must be fulfilled, th…

Sec. 2163.001. REVIEW PROCESS. (a) The comptroller shall develop a systematic review process to identify commercially available services being performed by the comptroller and study the services to determine if they may be better provided by other state agency providers of the se…

Sec. 2163.0011. 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. 1.29, eff. September 1, 2007. Amended by: Acts 2019, 86th Leg., R.S., Ch. 1…

Sec. 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 require…

Sec. 2163.002. COST COMPARISON AND CONTRACT CONSIDERATIONS. (a) The comptroller 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 comptroller must include the: (1) cost of supe…

Sec. 2163.003. CONTRACTING WITH ANOTHER STATE AGENCY OR PRIVATE SOURCE. (a) If the comptroller 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 ser…

Sec. 2163.004. PROHIBITION. The comptroller 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 c…

Sec. 2165.001. CUSTODIANSHIP OF STATE PROPERTY. (a) The commission: (1) has charge and control of all public buildings, grounds, and property; (2) is the custodian of all state personal property; and (3) is responsible for the proper care and protection of state property from dam…

Sec. 2165.0011. DEFINITION. In this chapter, "commission" means the Texas Facilities Commission. Added by Acts 2007, 80th Leg., R.S., Ch. 937 (H.B. 3560), Sec. 1.30, eff. September 1, 2007.

Sec. 2165.0012. AUTHORITY TO ADOPT RULES. The commission may adopt rules to efficiently and effectively administer this chapter. Added by Acts 2007, 80th Leg., R.S., Ch. 937 (H.B. 3560), Sec. 1.30, eff. September 1, 2007.

Sec. 2165.002. EXCEPTIONS TO COMMISSION CHARGE AND CONTROL. The provisions of Section 2165.001 relating to charge and control of public buildings and grounds do not apply to buildings and grounds of: (1) an institution of higher education, as defined by Section 61.003, Education …

Sec. 2165.003. ALLOCATION OF SPACE AFFECTING LEGISLATURE. The allocation of space affecting the quarters of either house of the legislature must have the approval of the speaker of the house of representatives or the lieutenant governor. The required approval is for the quarters …

Sec. 2165.004. LEASE OF SPACE TO PUBLIC TENANTS IN CERTAIN STATE-OWNED BUILDINGS. (a) The commission may enter into a lease agreement with a department, commission, board, agency, or other instrumentality of the state, a political subdivision of the state, or the federal governme…

Sec. 2165.005. NAMING OF STATE BUILDINGS. (a) This section prescribes the procedure for naming a building owned by this state, including a building financed under Chapter 1232. (b) The commission shall submit names proposed for a new state building to be used as a state or region…

Sec. 2165.006. DISPLAY OF POW/MIA FLAG. (a) In this section, "POW/MIA flag" means the National League of Families POW/MIA flag identified by 36 U.S.C. Section 902. (b) The POW/MIA flag shall be displayed at each state office building on: (1) the third Saturday in May, "Armed Forc…

Sec. 2165.0065. DISPLAY OF HONOR AND REMEMBER FLAG. (a) In this section, "Honor and Remember flag" means the Honor and Remember, Inc., flag. (b) The Honor and Remember flag may be displayed at each state office building, at the State Cemetery under Section 2165.256, and at each v…