HB4747 - Relating to increasing procurement acquisition thresholds.

      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.