2017 Legislative Update TXPPA Fall Conference November 2, 2017 Pam Kirkland, CPPO, CPPB Purchasing Agent, City of Plano, Texas

HB89 – Relating to state contracts with and investments in companies who boycott Israel Adds Chapter 2270 to Subtitle F, Title 10, Government Code to prohibit governmental entities (including cities, counties, public school, special districts, etc.) from contracting with companies who boycott Israel and from investing in companies who boycott Israel. Requires contracts to include written verification attesting to these facts. T The Comptroller shall prepare and maintain a list of companies that boycott Israel for use by governmental entities. Review with your attorney. Effective 9-1-17

HB1116 – Statewide Procurement Advisory Council Repeals Government Code Section 2155.086 and 2155.087 Dissolves the Statewide Procurement Advisory Council as it has outlived it utility. Legislature transferred the authority of overseeing state purchasing from the former Texas Building & Procurement Commission to the Comptroller. SPAC expired in 2011 but the statute relating to it meeting requirements did not. Effective 9-1-17

HB1571 – Energy Savings Performance Contracts Government Code 2166, Local Government Code 302 & Education Code 44 & 51 Requires governments to include the estimated amounts of avoided expected future operating and maintenance costs in evaluating energy savings along with all other pertinent costs. Transfers description of energy saving contracts to LGC 302. Effective 8-28-17.

SB252 – Doing Business with Iran & Sudan or Foreign Terrorists Government Code 2252 Governmental entities may not enter into a contract with a company that is identified on a list prepared by the Comptroller that does business with Iran, Sudan or a foreign terrorist organization and a company that the US Government affirmatively declares to be excluded from its federal sanctions regime relating to those countries. Comptroller to post list of companies known to have contracts with or provides supplies or services to a foreign terrorist organization. Effective immediately 9-1-17.

SB262 – Purchase of Automated Information Systems through TXMAS State Agencies Only – Does Not Apply to Local Governments Government Code 2157.06 and 2155.504(a) Requires DIR to monitor and verify the purchase transaction reports of the monthly sales of the items submitted by vendors; and State agencies must comply with Section 2157.068(e-1), which requires agencies to use the list to make purchases and establishes thresholds that trigger the number of requests for pricing that agencies have to obtain from vendors on the list. This statute currently only applies to three (3) TXMAS contracts available through DIR for automated information systems: Onix Networking, Executive Information Systems, K2Share, LLC. See TXPPA website for written clarification of bill for local governments. Effective 9-1-17.

SB807 – Venue of Construction Contracts Business & Commerce Code, Chapter 272 Adds construction contracts to the types of contracts where venue and choice of law would be restricted to Texas in the case of conflict resolution and/or litigation. Should not be an issue as most entities currently require Texas to be the choice of law in contracts but consult with your attorney. Effective 9-1-17.

SB1289 – Iron & Steel for Construction Projects Government Code 2252 – State only unless using state funds (i.e. TXDOT) Relating to the construction, remodeling, or altering of a building, a structure, or infrastructure, including a road or highway, or who supply a material for such projects, to source iron or steel products used in such projects from the United States. The bill would permit exceptions if these products are not produced in sufficient quantities in the US or if the use of products produced in the US will increase the total cost of the project by more than 20 percent. Effective 9-1-17.

HB3021 – Indemnification of Architects & Engineers Government Code 2254 and Local Government Code 271 In relation to indemnification of duties of architects and engineers, nothing prohibits a governmental entity, in a contract for engineering or architectural services, from including and enforcing conditions that relate to the scope, fees, and schedule of a project in the contract. Effective 9-1-17.

HB3107 – Public Information Act Government Code 522 – State Agencies & Local Governments Provides that a request under the Public Information Act is considered to have been withdrawn if the requestor fails to inspect or duplicate the information in the office of the governmental body or fails to pay fees on or before the 60th day after the date available. A governmental entity may establish reasonable monthly and yearly limits on the amount of time personnel are required to spend producing public information. Law does not apply to specified requestors. Effective 9-1-17.

SB255 – State Training and Changes in 1295 Form Government Codes 656, 2056, 2252, 2262 Requires state agencies who spend more than $5k per fiscal year for training of any individual to submit training info to the Legislative Budget Board. Comptroller to develop/provide purchasing/contract mgt. training and assess a fee to recover costs. Requires agency personnel directly involved in contract negotiations for information technology to complete training developed by DIR. Exempts higher education, contract managers with duties directly related to TXDOT contracts. Adds exemption provisions pertaining to disclosure of interested parties (includes cities, counties, schools & special districts) for publicly traded business entities, including wholly owned subsidiaries and electric and gas utilities. Requires revision to the Form 1295 to include a written/sworn declaration in lieu of the signature of the authorized agent acknowledging the disclosure is made under oath and under the penalty of perjury. Effective 9-1-17.

FOR MORE INFORMATION… Go to Texas Legislature Online and read the complete bills for yourself. Read the new statutes in full context in the latest versions of the Texas Local Government Code (due out any day now) or at http://www.statutes.legis.state.tx.us Consult your entity attorney. Read The Legislative Process in Texas published by: Texas Legislative Council, P.O. Box 12128, Austin, TX 78711-2128 or online at http://www.tlc.texas.gov/lege_ref Get involved with the Legislative Committee of TXPPA!!