A higher threshold for posting state purchase notices

The text as introduced · 780 words

By: Curry
H.B. No. 4747

A BILL TO BE ENTITLED

AN ACT

Relating to increasing procurement acquisition thresholds.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. The heading to Section 2155.083, Government

Code, is amended to read as follows:

Sec. 2155.083. ELECTRONIC STATE BUSINESS DAILY; NOTICE

REGARDING PROCUREMENTS EXCEEDING $100,000 [ $25,000 ].

SECTION 2. Section 2155.083, Government Code, is amended by

amending Subsections (a), (g) and (k) and adding Subsection (h-1)

to read as follows:

Sec. 2155.083. ELECTRONIC STATE BUSINESS DAILY; NOTICE

REGARDING PROCUREMENTS EXCEEDING $100,000 [ $25,000 ]. (a) Except

as provided by Subsection (n), this section applies to each state

agency making a procurement that will exceed $100,000 [ $25,000 ] in

value, without regard to the source of funds the agency will use for

the procurement, including a procurement that:

(1) is otherwise exempt from the comptroller's

purchasing authority or the application of this subtitle;

(2) is made under delegated purchasing authority;

(3) is related to a construction project; or

(4) is a procurement of professional or consulting

services.

(g) A state agency shall post in the electronic state

business daily either the entire bid or proposal solicitation

package or a notice that includes all information necessary to make

a successful bid, proposal, or other applicable expression of

interest for the procurement contract, including at a minimum the

following information for each procurement that the state agency

will make that is estimated to exceed $100,000 [ $25,000 ] in value:

(1) a brief description of the goods or services to be

procured and any applicable state product or service codes for the

goods and services;

(2) the last date on which bids, proposals, or other

applicable expressions of interest will be accepted;

(3) the estimated quantity of goods or services to be

procured;

(4) if applicable, the previous price paid by the

state agency for the same or similar goods or services;

(5) the estimated date on which the goods or services

to be procured will be needed; and

(6) the name, business mailing address, business

e-mail address, and business telephone number of the state agency

employee a person may contact to inquire about all necessary

information related to making a bid or proposal or other applicable

expression of interest for the procurement contract.

(h-1) Notwithstanding Subsection (h), if a procurement

exceeds the amount of $20 million, the state agency shall post

notice of the procurement in accordance with Subsection (g) for at

least 45 days, regardless of whether the agency posts a notice of

the procurement or the entire bid or proposal solicitation package.

This subsection does not apply to a procurement for:

(1) a contract entered into by the comptroller under

Section 2155.061 or Section 2155.0621; or

(2) a contract for services necessary to respond to a

natural disaster.

(k) Each state agency that will award a procurement contract

estimated to exceed $100,000 [ $25,000 ] in value shall post in the

electronic state business daily:

(1) the information required by this section to be

posted in the electronic state business daily; and

(2) a notice when the procurement contract has been

awarded or when the state agency has decided to not make the

procurement.

SECTION 3. Section 2155.132, Government Code, is amended by

amending Subsections (a) and (b) to read as follows:

(a) A state agency is delegated the authority to purchase

goods and services if the purchase does not exceed $100,000

[ $50,000 ]. If the comptroller determines that a state agency has

not followed the comptroller's rules or the laws related to the

delegated purchases, the comptroller shall report its

determination to the members of the state agency's governing body

and to the governor, lieutenant governor, speaker of the house of

representatives, and Legislative Budget Board.

(b) The comptroller by rule may delegate to a state agency

the authority to purchase goods and services if the purchase

exceeds $100,000 [ $50,000 ]. In delegating purchasing authority

under this subsection or Section 2155.131, the comptroller shall

consider factors relevant to a state agency's ability to perform

purchasing functions, including:

(1) the capabilities of the agency's purchasing staff

and the existence of automated purchasing tools at the agency;

(2) the certification levels held by the agency's

purchasing personnel;

(3) the results of the comptroller's procurement

review audits of an agency's purchasing practices; and

(4) whether the agency has adopted and published

protest procedures consistent with those of the comptroller as part

of its purchasing rules.

SECTION 4. The heading to Section 2155.509, Government

Code, is amended to read as follows:

NOTICE REGARDING PROCUREMENTS EXCEEDING [ $25,000 ] $100,000 .

SECTION 5. This Act takes effect September 1, 2025.