Title GV, Government Code

Sec. 2261.003. OPEN MARKET PURCHASES. This chapter does not require a state agency to purchase a good or service under contract if the agency is authorized under other law to purchase the good or service on the open market. Added by Acts 1999, 76th Leg., ch. 1498, Sec. 5, eff. Se…

Sec. 2261.051. COMPETITIVE CONTRACTOR SELECTION PROCEDURES. Each state agency shall assess its contractor selection procedures and use competitive selection procedures to the greatest extent possible when selecting contractors. Added by Acts 1999, 76th Leg., ch. 1498, Sec. 5, eff…

Sec. 2261.052. DETERMINING LOWEST AND BEST BID OR PROPOSAL. (a) In determining the lowest and best bid or proposal, a state agency shall consider: (1) the vendor's price to provide the good or service; (2) the probable quality of the offered good or service; and (3) the quality o…

Sec. 2261.0525. CERTIFICATION OF VENDOR ASSESSMENT PROCESS. (a) Before a state agency may award a contract to a vendor, the agency's procurement director must review the process and all documents used by the agency to assess each vendor who responded to the solicitation. The proc…

Sec. 2261.053. 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) Except as…

Sec. 2261.054. STATEMENT REGARDING VENDOR SELECTION REQUIRED FOR CERTAIN CONTRACT AWARDS. If a state agency awards a contract to a vendor who did not receive the highest score in an assessment process certified under Section 2261.0525, the agency shall state in writing in the con…

Sec. 2261.101. REMEDIES AND SANCTIONS SCHEDULES. (a) Each state agency shall create and incorporate in each of its contracts for goods or services that are subject to this chapter a remedies schedule, a graduated sanctions schedule, or both, for breach of the contract or substand…

Sec. 2261.102. LIABILITY INSURANCE COVERAGE REQUIRED. Each state agency shall, when feasible, include provisions in each of its contracts for goods or services that are subject to this chapter that require the contractor to carry director or officer liability insurance coverage i…

Sec. 2261.151. REEVALUATION OF PAYMENT AND REIMBURSEMENT RATES. (a) To ensure that its payment and reimbursement methods and rates are appropriate, each state agency that makes procurements to which this chapter applies shall reevaluate at least biennially its payment and reimbur…

Sec. 2261.201. DOUBLE-BILLING. Each state agency that makes procurements to which this chapter applies shall design and implement procedures to detect and report double-billing by contractors. Added by Acts 1999, 76th Leg., ch. 1498, Sec. 5, eff. Sept. 1, 1999. Renumbered from Se…

Sec. 2261.202. CONTRACT MONITORING RESPONSIBILITIES. As one of its contract management policies, each state agency that makes procurements to which this chapter applies shall establish and adopt by rule a policy that clearly defines the contract monitoring roles and responsibilit…

Sec. 2261.203. COMPARABLE COSTS. Each state agency that makes procurements to which this chapter applies shall monitor performance under a contract to verify that comparable costs are being charged for comparable goods and services. Added by Acts 1999, 76th Leg., ch. 1498, Sec. 5…

Sec. 2261.204. LIABILITY PROVISIONS. (a) Each state agency shall include in the contract file for each of its contracts for goods or services subject to this chapter a written explanation of the agency's decision to include or not include in the contract a provision for liquidate…

Sec. 2261.251. APPLICABILITY OF SUBCHAPTER. (a) Notwithstanding Section 2261.001, this subchapter applies to the Texas Department of Transportation and to an institution of higher education acquiring goods or services under Section 51.9335 or 73.115, Education Code. (b) This subc…

Sec. 2261.252. DISCLOSURE OF POTENTIAL CONFLICTS OF INTEREST; CERTAIN CONTRACTS PROHIBITED. (a) Each state agency employee or official who is involved in procurement or in contract management for a state agency shall disclose to the agency any potential conflict of interest speci…

Sec. 2261.253. REQUIRED POSTING OF CERTAIN CONTRACTS; ENHANCED CONTRACT AND PERFORMANCE MONITORING. (a) For each contract for the purchase of goods or services from a private vendor, each state agency shall post on its Internet website: (1) each contract the agency enters into, i…

Sec. 2261.254. CONTRACTS WITH VALUE EXCEEDING $1 MILLION. (a) For each contract for the purchase of goods or services that has a value exceeding $1 million, a state agency shall develop and implement contract reporting requirements that provide information on: (1) compliance with…

Sec. 2261.255. CONTRACTS WITH VALUE EXCEEDING $5 MILLION. For each state agency contract for the purchase of goods or services that has a value exceeding $5 million, the contract management office or procurement director of the agency must: (1) verify in writing that the solicita…

Sec. 2261.256. ACCOUNTABILITY AND RISK ANALYSIS PROCEDURE; CONTRACT MANAGEMENT HANDBOOK. (a) Each state agency shall develop and comply with a purchasing accountability and risk analysis procedure. The procedure must provide for: (1) assessing the risk of fraud, abuse, or waste i…

Sec. 2261.257. CONTRACT DATABASE. (a) Each state agency that becomes a participant in the centralized accounting and payroll systems as authorized by Sections 2101.035 and 2101.036 shall use the system to identify and record each contract entered into by the agency as specified b…

Sec. 2261.258. MONITORING ASSESSMENT BY STATE AUDITOR. (a) Before July 1 of each year, the state auditor shall assign one of the following ratings to each of the 25 largest state agencies in that state fiscal year as determined by the Legislative Budget Board: (1) additional moni…

Sec. 2261.259. ELECTRONIC COMPLIANCE SUBMISSIONS. A state agency that uses the centralized accounting and payroll system authorized under Sections 2101.035 and 2101.036 or an alternative computer software system for compliance requirements related to the procurement of goods or s…

Sec. 2261.260. TEXAS DEPARTMENT OF TRANSPORTATION PRECLUSION POLICY FOR PRIVATE DESIGN PROFESSIONALS. (a) In this section, "private design professional" has the meaning assigned by Section 2252.905. (b) Before the Texas Department of Transportation may make a determination under …

Sec. 2261.301. DEFINITIONS. In this subchapter: (1) "State agency employee" includes an independent contractor who contracts with a state agency to perform work or provide a service. (2) "Surveillance" means monitoring, investigating, tracking, or collecting information about an …

Sec. 2261.3015. APPLICABILITY. Notwithstanding Sections 2261.001(a) and (d), this subchapter applies to each procurement of goods or services made by a state agency, including a procurement made: (1) by the comptroller; (2) under purchasing authority delegated to the agency by or…

Sec. 2261.302. PROHIBITED ACTIVITIES. A contractor or subcontractor of a state agency or a vendor responding to a contract solicitation may not directly or indirectly through a third party: (1) engage in surveillance targeting: (A) a member of the state legislature or a person em…

Sec. 2261.303. OVERSIGHT AND ENFORCEMENT. (a) The state auditor's office shall oversee and enforce this subchapter. (b) The state auditor's office may collaborate with the Texas Ethics Commission to ensure compliance with this subchapter and transparency of oversight and enforcem…

Sec. 2261.304. COMPLAINT PROCESS. (a) A person who believes that a prohibited activity under Section 2261.302 has occurred may file a complaint with the state auditor's office. (b) The state auditor's office shall establish and maintain a confidential reporting hotline and an onl…

Sec. 2261.305. INVESTIGATION. (a) The state auditor's office shall investigate a complaint submitted under Section 2261.304 and determine whether a violation of this subchapter occurred not later than the 90th day after the date the office receives the complaint. (b) If during an…

Sec. 2261.306. ENFORCEMENT: CONTRACT TERMINATION; BARRING FROM STATE CONTRACTS; ADMINISTRATIVE PENALTIES. (a) On a final determination by the state auditor's office that a person violated this subchapter, the person is: (1) for a first violation: (A) subject to immediate terminat…

Sec. 2261.307. RETALIATION AGAINST EMPLOYEES AND WHISTLEBLOWERS PROHIBITED. (a) In this section, "employee" means a person who is an employee of a: (1) contractor or subcontractor of a state agency; (2) vendor responding to a contract solicitation by a state agency; or (3) provid…

Sec. 2261.308. ANNUAL REPORT. Not later than September 1 of each year, the state auditor's office and the Texas Rangers division of the Department of Public Safety jointly shall submit to the governor, the lieutenant governor, the speaker of the house of representatives, and each…

Sec. 2262.001. DEFINITIONS. In this chapter: (1) "Team" means the Contract Advisory Team created under Subchapter C. (1-a) Repealed by Acts 2019, 86th Leg., R.S., Ch. 1071 (H.B. 1524), Sec. 126(3), eff. September 1, 2019. (2) "Contract management guide" means the guide developed …

Sec. 2262.0011. 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. 1.77, eff. September 1, 2007. Amended by: Acts 2019, 86th Leg., R.S., Ch. 1…

Sec. 2262.0015. APPLICABILITY TO CERTAIN CONTRACTS. (a) The comptroller by rule shall establish threshold requirements that exclude small or routine contracts, including purchase orders, from the application of this chapter. (b) This chapter does not apply to an enrollment contra…

Sec. 2262.002. EXEMPTIONS. (a) This chapter does not apply to an institution of higher education as defined by Section 61.003, Education Code. (b) This chapter does not apply to contracts of the Texas Department of Transportation that: (1) relate to highway construction or highwa…

Sec. 2262.004. REQUIRED NEPOTISM DISCLOSURE. (a) In this section: (1) "Major stockholder" means a person who directly or indirectly owns or controls more than a 10 percent interest or a pecuniary interest with a value exceeding $25,000 in a business entity. (2) "Purchasing person…

Sec. 2262.005. CONSULTATION WITH STATE AGENCIES. The comptroller shall consult with state agencies in developing forms, contract terms, and criteria required under this chapter. Added by Acts 2013, 83rd Leg., R.S., Ch. 1227 (S.B. 1681), Sec. 1, eff. November 1, 2013. SUBCHAPTER B…

Sec. 2262.051. CONTRACT MANAGEMENT GUIDE; RULES. (a) In consultation with the attorney general, the Department of Information Resources, and the state auditor, the comptroller shall develop or periodically update a contract management guide for use by state agencies. Participatio…

Sec. 2262.052. COMPLIANCE WITH GUIDE. (a) Each state agency shall comply with the contract management guide. (b) Subject to the legislative audit committee's approval of including the work described by this subsection in the audit plan under Section 321.013(c), the state auditor …

Sec. 2262.053. CONTRACT FILE CHECKLIST; CERTIFICATION OF AGENCY COMPLIANCE. (a) Each state agency shall include in the contract file for each of its contracts a checklist to ensure the agency's compliance with state laws and rules relating to the acquisition of goods and services…

Sec. 2262.054. PUBLIC COMMENT. The comptroller by rule may establish procedures by which each state agency is required to invite public comment by publishing the proposed technical specifications for major contracts on the Internet through the information service known as the Tex…

Sec. 2262.055. VENDOR PERFORMANCE TRACKING SYSTEM. (a) The comptroller shall evaluate the vendor's performance based on information reported by state agencies under Section 2155.089 and criteria established by the comptroller. (b) The comptroller by rule shall establish an evalua…

Sec. 2262.056. APPROVAL REQUIRED FOR ASSIGNMENT OF SERVICES CONTRACTS. (a) In this section: (1) "Major information resources project" has the meaning assigned by Section 2054.003. (2) "Sensitive personal information" has the meaning assigned by Section 521.002, Business & Commerc…

Sec. 2262.057. STANDARDS FOR CONTRACTS RELATED TO EMERGENCY MANAGEMENT. (a) The comptroller shall update the contract management guide to include contract management standards and information for contracts related to emergency management. (b) The comptroller shall develop the sta…

Sec. 2262.101. CREATION; DUTIES. (a) The Contract Advisory Team is created to assist state agencies in improving contract management practices by: (1) reviewing and making recommendations on the solicitation documents and contract documents for contracts of state agencies that ha…