Legislative Watch 86 th Regular Session Purchasing & Contracting Related Bills Updated: March 11, 2019

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1 Legislative Watch 86 th Regular Session Purchasing & Contracting Related Bills Updated: March 11, 2019 House Bills HB 28 - Author: Romero, Jr. Referred to State Affairs Relating to the prevailing wage for work associated with public work contracts; authorizing a penalty. Companion: SB 1917 by Alvarado, Identical. HB Author: Canales Referred to State Affairs Relating to the requirement that contractors verify compliance with wage payment laws in governmental contracts with governmental entities. HB Author: Reynolds Referred to State Affairs Relating to the preference given by state agencies for certain goods and services produced or offered by small businesses. HB Author: Reynolds Referred to International Relations & Economic Development Relating to the dissemination of information about historically underutilized businesses and the expansion of the small business development center network. Companion: SB 298 by Miles, Identical HB Author: Reynolds Referred to State Affairs Relating to historically underutilized businesses and to goods and services purchased by governmental entities. HB Author: Krause Referred to Appropriations Relating to reporting by political subdivisions regarding the receipt or expenditure of federal funds. HB Author: Nevarez Referred to State Affairs Relating to the applicability to certain draft grant applications of the exception from disclosure under the public information law for agency memoranda. 1

2 HB Author: Deshotel Referred to Business & Industry Relating to mechanic's, contractor's, or materialman's liens; authorizing a fee; changing the eligibility for community supervision. HB Author: White Referred to Public Education Relating to the disclosure of interested parties by business entities contracting with open-enrollment charter schools. HB Author: Bernal Referred to Urban Affairs Relating to consideration of location of an offeror's principal place of business in awarding certain municipal contracts. HB Author: Lucio III Referred to State Affairs Relating to food and beverages available from a vending machine located on property used by a state agency. HB Author: Walle Referred to Business & Industry Relating to required provision of workers' compensation insurance coverage for employees of building and construction contractors and subcontractors. Companion: SB 163 by Rodriquez, Identical. HB Author: Davis, Sarah Referred to State Affairs Relating to the ethics of public servants, including the authority and duties of the Texas Ethics Commission, the regulation of certain contributions and expenditures, and the reporting of political contributions and political expenditures and personal financial information; creating a criminal offense. HB Author: Davis, Sarah Referred to State Affairs Relating to lobbying by certain former officers of state government; creating a criminal offense. HB Author: Davis, Sarah Referred to State Affairs Relating to permitting the Texas Ethics Commission to provide seminars and charge an attendance fee for those seminars. Companion: SB 2141 by Zaffirini, Identical. HB Author: Davis, Sarah Referred to State Affairs Relating to conflicts of interest of members of state agency governing boards and governing officers; creating a criminal offense. HB Author: King, Paul Reported favorably w/o amendments Relating to certain government contracts with companies that boycott Israel. Companion: SB 491 by Creighton, Identical. 2

3 HB Author: Raney Scheduled for Public Hearing Relating to wage requirements for community rehabilitation programs participating in the purchasing from people with disabilities program. HB Author: Murphy Referred to Environmental Regulation Relating to the repeal of the light-duty motor vehicle purchase or lease incentive program. HB Author: Miller Referred to Land & Resource Management Relating to the use of sales tax revenue collected under certain contracts. HB Author: Parker Referred to State Affairs Relating to the administration of "pay for success" contracts for state agencies. Companion: SB 2340 by West, Identical. HB Author: Parker Scheduled for Public Hearing Relating to the effect of certain agreements with a collective bargaining organization on certain state-funded public work contracts. Companion: SB 473 by Hancock, Identical. HB Author: Davis, Sarah Referred to Public Health Relating to state contract limitations and programs for sex trafficking prevention and victim treatment. HB Author: Cyrier Referred to Judiciary & Civil Jurisprudence Relating to adjudication of claims arising from certain written contracts with state agencies. Companion: SB 737 by Hughes, Identical. HB Author: Darby Referred to Judiciary & Civil Jurisprudence Relating to certain agreements by architects and engineers in or in connection with certain construction contracts. HB Author: Darby Referred to County Affairs Relating to a competitive bidding requirement exemption for certain county solesource purchases of road construction or maintenance materials. HB Author: Capriglione Referred to State Affairs Relating to requirements for vendors providing certain services involving computers to governmental entities. HB Author: Lucio III Referred to Public Education Relating to requirements for building construction contracts entered into by public school districts. Companion: SB 1297 by Powell, Identical. 3

4 HB Author: Middleton Referred to County Affairs Relating to disclosure of certain relationships with local government officers and vendors. HB Author: Toth Referred to County Affairs Relating to authorization for the creation of a county ethics commission in certain counties. HB Author: Shaheen Referred to Judiciary & Civil Jurisprudence Relating to correcting outdated references to the Texas Building and Procurement Commission. HB Author: Martinez Referred to Transportation Relating to changes made by certain design-build contractors to the design-build team for transportation projects. HB Author: Martinez Referred to Public Education Relating to school district purchasing of and contracting for goods and services. HB Author: Meza Referred to State Affairs Relating to the consideration of ownership interests of certain persons with disabilities in determining whether a business is a historically underutilized business for purposes of state contracting. HB Author: Meza Referred to State Affairs Relating to the consideration of ownership interests of certain persons in determining whether a business is a historically underutilized business for purposes of state contracting. HB Author: Rodriguez Referred to Agriculture & Livestock Relating to the preference given by state and local governmental entities to agricultural products produced or grown in this state. Companion: SB 788 by Johnson, Identical. HB Author: Meza Referred to State Affairs Relating to rest breaks for employees of certain contractors with a governmental entity; providing an administrative penalty. HB Author: Clardy Referred to State Affairs Relating to the construction manager-at-risk method of contracting for governmental construction projects. Companion: SB 808 by Nichols, Identical. HB Author: Davis, Sarah Referred to State Affairs Relating to the ethics of public servants, including regulations related to certain political contributions, lobbying activities, reports, and disclosures; creating criminal offenses. 4

5 HB Author: Davis, Sarah Referred to State Affairs Relating to the ethics of public servants, including regulations relating to certain contributions, expenditures, and reports, and certain authority and duties of the Texas Ethics Commission; creating a criminal offense. HB Author: Leach Scheduled for public hearing Relating to certain construction liability claims concerning public buildings and public works. HB Author: Shine Referred to State Affairs Relating to retainage requirements for certain public works construction projects. HB Author: Leman Referred to County Affairs Relating to the threshold contract amount at which a county is required to engage in a competitive purchasing procedure for certain purchases. Companion: SB 1720 by Lucio, Identical HB Author: Capriglione Referred to State Affairs Relating to the disclosure of certain contracting information under the public information law. Companion: SB 943 by Watson, Identical HB Author: Capriglione Referred to State Affairs Relating to the public information law. HB Author: Thompson, Senfronia Referred to Business & Industry Relating to a provision in a construction contract that incorporates the terms and conditions of another document. HB Author: Ashby Referred to Energy Resources Relating to the delegation to the Railroad Commission of Texas of purchasing functions regarding the reclamation of certain abandoned mines. Companion: SB 1587 by Hughes, Identical HB Author: Capriglione Filed Relating to oversight of and requirements applicable to information resources technology procurement by state agencies. HB Author: Dutton Filed Relating to requiring certain open-enrollment charter schools to comply with historically underutilized business provisions. HB Author: Gutierrez Filed Relating to creating a criminal offense for the failure to procure goods or services from a community rehabilitation program. Companion: SB 2405 by Menendez, Identical 5

6 HB Author: Turner, Chris Filed Relating to establishing an intergovernmental development corporation in certain counties to foster minority- or women-owned construction businesses. Companion: SB 920 by West, Identical HB Author: Thompson, Ed Filed Relating to the authority of the Texas Department of Transportation to use the construction manager-at-risk project delivery method for state highway improvement projects. HB Author: Leach Filed Relating to civil works projects and other construction projects of governmental entities. HB Author: Capriglione Filed Relating to the use of job order contracts method by certain joint airport boards. HB Author: Martinez Filed Relating to job order contracting. HB Author: Morrison Filed Relating to the use of certain data collected by the Texas Workforce Commission to determine general prevailing wage rates for certain public work contracts. HB Author: Bonnen, Greg Filed Relating to procurement of a contingent fee contract for legal services by a state agency or political subdivision. HB Author: Canales Filed Relating to certain requirements for and limitations on design-build contracts for highway projects of the Texas Department of Transportation. HB Author: Canales Filed Relating to certain contracts requiring competitive bidding by the Texas Department of Transportation. Companion: SB 1092 by Nichols, Identical HB Author: Landgraf Filed Relating to the applicability of competitive bidding requirements to expenditures for certain municipal utility facility relocations. HB Author: Bucy Filed Relating to the requirement for payment bonds from certain public work contractors. HB Author: Israel Filed Relating to purchasing of cloud computing services by a political subdivision. 6

7 HB Author: Raney Filed Relating to responsibility for defects in the plans, specifications, or other documents for the construction or repair of highways, bridges, or real property. HB Author: Martinez Filed Relating to an exemption for certain purchasing personnel of the Texas Department of Transportation from training on state purchasing. HB Author: Thompson, Senfronia Filed Relating to approval for purchases of property or construction projects by a state agency with self-directed semi-independent status. Companion: SB 646 by Birdwell, Identical HB Author: Ramos Filed Relating to the use of green stormwater infrastructure in new state buildings. Companion: SB 2063 by Menendez, Identical HB Author: Hernandez Filed Relating to the consideration of ownership interests of certain persons with a disability in determining whether a business is a historically underutilized business for purposes of state contracting. HB Author: Thompson, Ed Filed Relating to indefinite quantity contracts for the provision of certain services to declared disaster areas following a natural disaster. Companion: SB 300 by Miles, Identical HB Author: Patterson Filed Relating to the authority of a municipality or county to require a labor peace agreement as a condition of engaging in a commercial transaction with the municipality or county. Companion: SB 1634 by Campbell, Identical HB Author: Burrows Filed Relating to mechanic's, contractor's, or materialman's liens. HB Author: Zwiener Filed Relating to qualifying projects for public-private partnerships. HB Author: Capriglione Filed Relating to an opportunity to cure a bid, proposal, or offer that does not include a required historically underutilized business subcontracting plan. HB Author: Capriglione Filed Relating to the requirement that certain state and local government employees and state contractors complete a cybersecurity training program certified by the state cybersecurity coordinator. 7

8 HB Author: Longoria Filed Relating to purchasing and contracting by governmental entities; authorizing fees. Companion: SB 1793 by Zaffirini, Identical HB Author: Longoria Filed Relating to cloud compatibility of certain state agency information technology purchases. HB Author: Sherman, Sr. Filed Relating to the authority of a county to require electronic bids or proposals for competitive bidding. Companion: SB 124 by West, Identical HB Author: Blanco Filed Relating to governmental entity commodity and telecommunications contracting and procurement. HB Author: Middleton Filed Relating to authorization for the creation of a county ethics commission in any county. Companion: SB 710 by Creighton, Identical HB Author: Capriglione Filed Relating to matters concerning governmental entities, including cybersecurity, governmental efficiencies, information resources, and emergency planning. HB Author: Israel Filed Relating to the applicability of certain public works contracting requirements to a metropolitan rapid transit authority. Companion: SB 1137 by Watson, Identical HB Author: Morrison Filed Relating to use of a program manager for certain public works projects. HB Author: Cain Filed Relating to prohibited state contracts with vendors that perform elective abortions, destructive embryonic stem cell research, or human cloning or that conduct research on human fetal tissue. HB Author: Perez Filed Relating to a prohibition on certain contracts for construction projects by governmental entities. HB Author: Thierry Filed Relating to accelerated payments applicable to state contracts in which a small businesses concern performs services as a prime contractor. HB Author: Neave Filed Relating to the consideration of sexual harassment claims against contractors in awarding certain state agency contracts. 8

9 Senate Bills SB 65 - Author: Nelson Considered in Public Hearing Relating to state contracting and procurement. SB Author: West Testimony taken in Committee Relating to the authority of a county to require electronic bids or proposals for competitive bidding. Companion: HB 3898 by Sherman, Identical SB Author: Nelson Referred to Finance Relating to oversight of and requirements applicable to state agency contracting and procurement. SB Author: Rodriguez Ref. to Business & Commerce Relating to required provision of workers' compensation insurance coverage for employees of building and construction contractors and subcontractors. Companion: HB 750 by Walle, Identical. SB Author: Schwertner Ref. to Business & Commerce Relating to requiring state contractors to participate in the federal electronic verification of employment authorization program, or E-verify. SB Author: Miles Referred to Business & Commerce Relating to the dissemination of information about historically underutilized businesses and the expansion of the small business development center network. Companion: HB 214 by Reynolds, Identical SB Author: Miles Ref. to Intergovernmental Relations Relating to indefinite quantity contracts for the provision of certain services to declared disaster areas following a natural disaster. Companion: HB 3419 by Ed Thompson, Identical SB Author: West Testimony taken in Committee Relating to the authority of a political subdivision to regulate construction and renovation of structures owned by certain counties. SB Author: Hall Referred to Education Relating to competitive bidding procurements by a school district for certain goods or services, including professional services. SB Author: Hancock Ref. to Business & Commerce Relating to the effect of certain agreements with a collective bargaining organization on certain state-funded public work contracts. Companion: HB 985 by Parker, Identical. 9

10 SB Author: Creighton Ref. to Business & Commerce Relating to certain government contracts with companies that boycott Israel. Companion: HB 793 by Phil King, Identical. SB Author: Rodriguez Referred to Education Relating to prohibiting certain solicitation responses and contracts resulting from a school district or open-enrollment charter school solicitation for goods or services. SB Author: Birdwell Referred to Business & Commerce Relating to prohibiting certain solicitation responses and contracts resulting from a school district or open-enrollment charter school solicitation for goods or services. Companion: HB 3189 by Thompson, Senfronia, Identical SB Author: Creighton Referred to State Affairs Relating to authorization for the creation of a county ethics commission in any county. Companion: HB 4161 by Middleton, Identical SB Author: Hughes Referred to State Affairs Relating to adjudication of claims arising from certain written contracts with state agencies. Companion: HB 1185 by Cyrier, Identical. SB Author: Huffman Referred to Natural Resources & Economic Development Relating to wage requirements for community rehabilitation programs participating in the purchasing from people with disabilities program. SB Author: Johnson Referred to Agriculture Relating to the preference given by state and local governmental entities to agricultural products produced or grown in this state. Companion: HB 1696 by Rodriquez, Identical. SB Author: Nichols Referred to Business & Commerce Relating to the construction manager-at-risk method of contracting for governmental construction projects. Companion: HB 1752 by Clardy, Identical. SB Author: West Referred to Business & Commerce Relating to establishing an intergovernmental development corporation in certain counties to foster minority- or women-owned construction businesses. Companion: HB 2521 by Turner, Chris, Identical SB Author: Watson, et. al. Referred to Business & Commerce Relating to the disclosure of certain contracting information under the public information law. Companion: HB 2189, by Capriglione, Identical. SB Author: Watson Referred to Business & Commerce Relating to the public information law. 10

11 SB Author: Kolkhorst Referred to Business & Commerce Relating to restrictions under disaster remediation contracts; creating a criminal offense. SB Author: Kolkhorst Referred to Business & Commerce Relating to contract management standards and information for contracts related to emergency management. SB Author: Nelson Referred to Finance Relating to notice and approval of the assignment of vendor's rights under certain state agency contracts. SB Author: Nichols Referred to Transportation Relating to certain contracts requiring competitive bidding by the Texas Department of Transportation. Companion: HB 2833 by Canales, Identical. SB Author: Watson Referred to Transportation Relating to the applicability of certain public works contracting requirements to a metropolitan rapid transit authority. Companion: HB 4220 by Israel, Identical. SB Author: Powell Referred to Education Relating to requirements for building construction contracts entered into by public school districts. Companion: HB 1416 by Lucio III, Identical. SB Author: Kolkhorst Referred to Business & Commerce Relating to the use of certain data collected by the Texas Workforce Commission to determine general prevailing wage rates for certain public work contracts. SB Author: Flores Filed Relating to the requirement for performance bonds from certain public work contractors. SB Author: Zaffirini/Paxton Filed Relating to civil works projects and other construction projects of governmental entities. SB Author: Hughes Filed Relating to the delegation to the Railroad Commission of Texas of purchasing functions regarding the reclamation of certain abandoned mines. Companion: HB 2270 by Ashby, Identical. SB Author: Campbell Filed Relating to the authority of a municipality or county to require a labor peace agreement as a condition of engaging in a commercial transaction with the municipality or county. Companion: HB 3439 by Patterson, Identical. 11

12 SB Author: Lucio Filed Relating to the threshold contract amount at which a county is required to engage in a competitive purchasing procedure for certain purchases. Companion: HB 2175 by Leman, Identical. SB Author: Zaffirini Filed Relating to purchasing and contracting by governmental entities; authorizing fees. Companion: HB 3853 by Longoria, Identical. SB Author: Hinojosa Filed Relating to civil liability and responsibility for defects in the plans, specifications, or other documents for the construction or repair of roads, highways, and related improvements. SB Author: Alvarado Filed Relating to the prevailing wage for work associated with public work contracts; authorizing a penalty. Companion: HB 28 by Romero, Identical. SB Author: Menendez Filed Relating to the use of green stormwater infrastructure in new state buildings. Companion: HB 3261 by Ramos, Identical. SB Author: Zaffirini Filed Relating to permitting the Texas Ethics Commission to provide seminars and charge an attendance fee for those seminars. Companion: HB 782 by Sarah Davis, Identical. SB Author: Creighton Filed Relating to issues involving the administration or finances of state entities. SB Author: West Filed Relating to the administration of "pay for success" contracts for state agencies. Companion: HB 982 by Parker, Identical. SB Author: Menendez Filed Relating to creating a criminal offense for the failure to procure goods or services from a community rehabilitation program. Companion: HB 2509 by Gutierrez, Identical. 12