2005 Texas Government Code CHAPTER 2158. PURCHASING: MISCELLANEOUS PROVISIONS FOR PURCHASE OF CERTAIN GOODS AND SERVICES

GOVERNMENT CODE

CHAPTER 2158. PURCHASING:  MISCELLANEOUS PROVISIONS FOR PURCHASE OF 
CERTAIN GOODS AND SERVICES

SUBCHAPTER A. PURCHASE OF PASSENGER VEHICLES


	§ 2158.001. DEFINITION.  In this subchapter, 
"conventional gasoline" means any gasoline that does not meet 
specifications set by a certification under Section 211(k) of the 
federal Clean Air Act (42 U.S.C. Section 7545(k)).

Added by Acts 1997, 75th Leg., ch. 165, § 17.02(a), eff. Sept. 1, 
1997.  Amended by Acts 2005, 79th Leg., ch. 864, § 3, eff. Sept. 
1, 2005.


	§ 2158.002. APPLICABILITY.  This subchapter does not 
apply to a vehicle acquired by the Texas Transportation Institute 
for the purpose of performing crash tests and related research.

Added by Acts 1997, 75th Leg., ch. 165, § 17.02(a), eff. Sept. 1, 
1997.  


	§ 2158.003. WHEELBASE AND HORSEPOWER RESTRICTIONS.  (a) A 
state agency may not purchase or lease a vehicle designed or used 
primarily for the transportation of individuals, including a 
station wagon, that has a wheelbase longer than 113 inches or that 
has more than 160 SAE net horsepower.  The vehicle may have a 
wheelbase of up to 116 inches or SAE net horsepower of up to 280 if 
the vehicle will be converted so that it is capable of using 
compressed natural gas, liquefied natural gas, liquefied petroleum 
gas, methanol or methanol/gasoline blends of 85 percent or greater, 
ethanol or ethanol/gasoline blends of 85 percent or greater, or 
electricity.  This exception to the wheelbase and horsepower 
limitations applies to a state agency regardless of the size of the 
agency's vehicle fleet.
	(b)  The wheelbase and horsepower limitations prescribed by 
Subsection (a) do not apply to the purchase or lease of:
		(1)  a vehicle to be used primarily for criminal law 
enforcement;           
		(2)  a bus, motorcycle, pickup, van, truck, three-wheel 
vehicle, or tractor;  or
		(3)  an ambulance.                                                            

Added by Acts 1995, 74th Leg., ch. 41, § 1, eff. Sept. 1, 1995.  
Renumbered from V.T.C.A., Government Code § 2158.001 and amended 
by 1997, 75th Leg., ch. 165, § 17.02(a).


	§ 2158.0031. PURCHASE PREFERENCE FOR AMERICAN 
VEHICLES.  A state agency authorized to purchase passenger 
vehicles or other ground transportation vehicles for general use 
shall purchase economical, fuel-efficient vehicles assembled in 
the United States unless such a purchase would have a significant 
detrimental effect on the use to which the vehicles will be put.

Added by Acts 1999, 76th Leg., ch. 1499, § 1.20, eff. Sept. 1, 
1999.     


	§ 2158.004. VEHICLES USING ALTERNATIVE FUELS.  (a) A 
state agency operating a fleet of more than 15 vehicles, excluding 
law enforcement and emergency vehicles, may not purchase or lease a 
motor vehicle unless that vehicle is capable of using compressed 
natural gas, liquefied natural gas, liquefied petroleum gas, 
methanol or methanol/gasoline blends of 85 percent or greater, 
ethanol or ethanol/gasoline blends of 85 percent or greater, or 
electricity.
	(b)  A state agency may obtain equipment or refueling 
facilities necessary to operate vehicles using compressed natural 
gas, liquefied natural gas, liquefied petroleum gas, methanol or 
methanol/gasoline blends of 85 percent or greater, ethanol or 
ethanol/gasoline blends of 85 percent or greater, or electricity:
		(1)  by purchase or lease as authorized by law;                               
		(2)  by gift or loan of the equipment or facilities;  or                      
		(3)  by gift or loan of the equipment or facilities or 
by another arrangement under a service contract for the supply of 
compressed natural gas, liquefied natural gas, liquefied petroleum 
gas, methanol or methanol/gasoline blends of 85 percent or greater, 
ethanol or ethanol/gasoline blends of 85 percent or greater, or 
electricity.
	(c)  If the equipment or facilities are donated, loaned, or 
provided through another arrangement with the supplier of 
compressed natural gas, liquefied natural gas, liquefied petroleum 
gas, methanol or methanol/gasoline blends of 85 percent or greater, 
ethanol or ethanol/gasoline blends of 85 percent or greater, or 
electricity, the supplier is entitled to recoup its actual cost of 
donating, loaning, or providing the equipment or facilities through 
its fuel charges under the supply contract.
	(d)  The commission may waive the requirements of this 
section for a state agency on receipt of certification supported by 
evidence acceptable to the commission that:
		(1)  the agency's vehicles will be operating primarily 
in an area in which neither the agency nor a supplier has or can 
reasonably be expected to establish adequate refueling for 
compressed natural gas, liquefied natural gas, liquefied petroleum 
gas, methanol or methanol/gasoline blends of 85 percent or greater, 
ethanol or ethanol/gasoline blends of 85 percent or greater, or 
electricity;  or
		(2)  the agency is unable to obtain equipment or 
refueling facilities necessary to operate vehicles using 
compressed natural gas, liquefied natural gas, liquefied petroleum 
gas, methanol or methanol/gasoline blends of 85 percent or greater, 
ethanol or ethanol/gasoline blends of 85 percent or greater, or 
electricity at a projected cost that is reasonably expected to be no 
greater than the net costs of continued use of conventional 
gasoline or diesel fuels, measured over the expected useful life of 
the equipment or facilities supplied.
	(e)  Except for the purchase or lease of a motor vehicle for 
use in a nonattainment area designated under Section 107(d) of the 
federal Clean Air Act (42 U.S.C. Section 7407), as amended, 
Subsection (a) does not apply to a purchase or lease by the Railroad 
Commission of Texas.

Added by Acts 1995, 74th Leg., ch. 41, § 1, eff. Sept. 1, 1995.  
Renumbered from V.T.C.A., Government Code § 2158.002 and amended 
by Acts 1997, 75th Leg., ch. 165, § 17.02(a);  Acts 2003, 78th 
Leg., ch. 518, § 1, June 20, 2003;  Acts 2003, 78th Leg., ch. 
1272, § 3, eff. Sept. 1, 2003.


	§ 2158.005. PERCENTAGE REQUIREMENTS FOR VEHICLES CAPABLE 
OF USING ALTERNATIVE FUELS;  PROGRAM REVIEW.  (a) Not later than 
September 1, 1996, a state agency that operates a fleet of more than 
15 motor vehicles, excluding law enforcement and emergency 
vehicles, shall have a fleet consisting of vehicles of which at 
least 50 percent are capable of using compressed natural gas, 
liquefied natural gas, liquefied petroleum gas, methanol or 
methanol/gasoline blends of 85 percent or greater, ethanol or 
ethanol/gasoline blends of 85 percent or greater, or electricity.
	(b)  The Texas Natural Resource Conservation Commission 
shall review the program established by this subchapter by December 
31, 1996.  If the Texas Natural Resource Conservation Commission 
determines that the program has been effective in reducing total 
annual emissions from motor vehicles in the area, then after August 
31, 1998, a state agency operating a fleet of more than 15 motor 
vehicles shall have a fleet consisting of vehicles of which at least 
90 percent are capable of using compressed natural gas, liquefied 
natural gas, liquefied petroleum gas, methanol or 
methanol/gasoline blends of 85 percent or greater, ethanol or 
ethanol/gasoline blends of 85 percent or greater, or electricity.
	(c)  The commission shall support the Texas Natural Resource 
Conservation Commission in collecting reasonable information 
needed to determine the air quality benefits from use of compressed 
natural gas, liquefied natural gas, liquefied petroleum gas, 
methanol or methanol/gasoline blends of 85 percent or greater, 
ethanol or ethanol/gasoline blends of 85 percent or greater, or 
electricity at affected agencies.
	(d)  A state agency in its annual financial report to the 
legislature shall report its progress in achieving the percentage 
requirements of this section by itemizing:
		(1)  purchases, leases, and conversions of motor 
vehicles;  and             
		(2)  usage of compressed natural gas, liquefied natural 
gas, liquefied petroleum gas, methanol or methanol/gasoline blends 
of 85 percent or greater, ethanol or ethanol/gasoline blends of 85 
percent or greater, or electricity.
	(e)  A state agency may meet the percentage requirements of 
this section through purchase of new vehicles or the conversion of 
existing vehicles, in accordance with federal and state 
requirements and applicable safety laws.
	(f)  The commission may reduce a percentage specified by this 
section or waive the requirements of this section for a state agency 
on receipt of certification supported by evidence acceptable to the 
commission that:
		(1)  the agency's vehicles will be operating primarily 
in an area in which neither the agency nor a supplier has or can 
reasonably be expected to establish adequate refueling for 
compressed natural gas, liquefied natural gas, liquefied petroleum 
gas, methanol or methanol/gasoline blends of 85 percent or greater, 
ethanol or ethanol/gasoline blends of 85 percent or greater, or 
electricity;  or
		(2)  the agency is unable to obtain equipment or 
refueling facilities necessary to operate vehicles using 
compressed natural gas, liquefied natural gas, liquefied petroleum 
gas, methanol or methanol/gasoline blends of 85 percent or greater, 
ethanol or ethanol/gasoline blends of 85 percent or greater, or 
electricity at a projected cost that is reasonably expected to be no 
greater than the net costs of continued use of conventional 
gasoline or diesel fuels, measured over the expected useful life of 
the equipment or facilities supplied.

Added by Acts 1995, 74th Leg., ch. 41, § 1, eff. Sept. 1, 1995.  
Renumbered from V.T.C.A., Government Code § 2158.003 and amended 
by Acts 1997, 75th Leg., ch. 165, § 17.02(a).


	§ 2158.006. DETERMINATION OF ALTERNATIVE FUELS PROGRAM 
PARAMETERS.  In developing the use of compressed natural gas, 
liquefied natural gas, liquefied petroleum gas, methanol or 
methanol/gasoline blends of 85 percent or greater, ethanol or 
ethanol/gasoline blends of 85 percent or greater, or electricity, 
the commission should work with state agency fleet operators, 
vehicle manufacturers and converters, fuel distributors, and 
others to determine the vehicles to be covered, taking into 
consideration:
		(1)  range;                                                                   
		(2)  specialty uses;                                                          
		(3)  fuel availability;                                                       
		(4)  vehicle manufacturing and conversion capability;                         
		(5)  safety;                                                                  
		(6)  resale values;  and                                                      
		(7)  other relevant factors.                                                  

Added by Acts 1995, 74th Leg., ch. 41, § 1, eff. Sept. 1, 1995.  
Renumbered from V.T.C.A., Government Code § 2158.004 and amended 
by Acts 1997, 75th Leg., ch. 165, § 17.02(a).


	§ 2158.007. COMPLIANCE WITH APPLICABLE SAFETY 
STANDARDS.  In purchasing, leasing, maintaining, or converting 
vehicles for use with compressed natural gas, liquefied natural 
gas, liquefied petroleum gas, methanol or methanol/gasoline blends 
of 85 percent or greater, ethanol or ethanol/gasoline blends of 85 
percent or greater, or electricity, the commission shall comply 
with all applicable safety standards adopted by the United States 
Department of Transportation and the Railroad Commission of Texas.

Added by Acts 1995, 74th Leg., ch. 41, § 1, eff. Sept. 1, 1995.  
Renumbered from V.T.C.A., Government Code § 2158.005 and amended 
by Acts 1997, 75th Leg., ch. 165, § 17.02(a).


	§ 2158.008. WHEN VEHICLE CONSIDERED CAPABLE OF USING 
ALTERNATIVE FUELS.  In this subchapter, a vehicle is considered to 
be capable of using compressed natural gas, liquefied natural gas, 
liquefied petroleum gas, methanol or methanol/gasoline blends of 85 
percent or greater, ethanol or ethanol/gasoline blends of 85 
percent or greater, or electricity if the vehicle is capable of 
using those fuels either in its original equipment engine or in an 
engine that has been converted to use those fuels.

Added by Acts 1995, 74th Leg., ch. 41, § 1, eff. Sept. 1, 1995.  
Renumbered from V.T.C.A., Government Code § 2158.006 and amended 
by Acts 1997, 75th Leg., ch. 165, § 17.02(a).

SUBCHAPTER B. CONTRACT FOR PRINTING LAWS


	§ 2158.061. AWARD OF CONTRACT FOR PRINTING LAWS.  (a) The 
commission shall, at the beginning of each regular session of the 
legislature, award a contract for printing the general and special 
laws and resolutions passed by a regular or special session of that 
legislature.
	(b)  The commission shall prepare the contract as a separate 
contract from all other public printing contracts.

Added by Acts 1995, 74th Leg., ch. 41, § 1, eff. Sept. 1, 1995.            


	§ 2158.062. CONTRACT FOR PRINTING LAWS:  TERMS AND 
CONDITIONS.  (a) The commission shall include in the contract for 
printing laws penalties that assure delivery of the printed laws by 
the time provided in the contract.
	(b)  The printer shall begin delivery of completed books in a 
reasonable time after printing is completed and binding is started.  
The commission shall state the time limit in the commission's call 
for bids.
	(c)  On the commission's order, the printer shall print 
general and special laws in separate volumes.

Added by Acts 1995, 74th Leg., ch. 41, § 1, eff. Sept. 1, 1995.            


	§ 2158.063. CONTRACT FOR PRINTING LAWS:  PROOFREADING;  
ERRORS AND OMISSIONS.  (a) In the contract for printing laws, the 
commission shall require the printer to:
		(1)  proofread and correct proofs before submitting 
them to the state;  and 
		(2)  set out in the first volume of the general and 
special laws passed by each legislature, immediately preceding the 
laws, a section containing corrections of errors or omissions made 
in the publication of the general and special laws of preceding 
legislatures.
	(b)  The contract term required by Subsection (a)(2) may not 
require the printer to set out an error or omission in a law passed 
in a legislative session ending more than five years before the date 
of the call for bids for the contract.
	(c)  The secretary of state shall provide the printer with 
the list of errors and omissions and appropriate corrections on or 
before the date provided by Section 2158.064 for furnishing the 
printer a copy of the laws and resolutions passed at the first 
session of each legislature.
	(d)  The comptroller may not issue a warrant to the printer 
in payment for the printing of the laws and resolutions until the 
printer, if an individual, or the vice president, secretary, or 
manager if the printer is a corporation, partnership, or 
association, executes a sworn affidavit verifying compliance with 
Section 2158.062 and this section.

Added by Acts 1995, 74th Leg., ch. 41, § 1, eff. Sept. 1, 1995.            


	§ 2158.064. CONTRACT FOR PRINTING LAWS:  DIRECTION OF 
SECRETARY OF STATE;  DELIVERY OF COPY.  (a) The secretary of state 
shall direct the compilation and printing of laws and resolutions.
	(b)  Not later than the 26th day, excluding Sundays, after 
the date the legislature adjourns, the secretary of state shall 
furnish the printer all copy for the laws and resolutions, with 
delivery of the first copy to the printer beginning as bills are 
signed by the governor.
	(c)  The secretary of state shall deliver copy for the index 
to the printer not later than the fifth day after the date the 
printer has furnished all page proofs of the laws to the secretary 
of state.

Added by Acts 1995, 74th Leg., ch. 41, § 1, eff. Sept. 1, 1995.            


	§ 2158.065. DISTRIBUTION OF PRINTED LAWS.  The secretary 
of state shall distribute the printed laws of each session of the 
legislature as follows:
		(1)  one copy each to:                                                        
			(A)  the governor;                                                           
			(B)  the lieutenant governor;                                                
			(C)  the speaker of the house of representatives;                            
			(D)  each court of appeals;  and                                             
			(E)  each county law library;                                                
		(2)  10 copies to the Texas Legislative Council;                              
		(3)  15 copies to the Legislative Reference Library;                          
		(4)  30 copies to the State Law Library;  and                                 
		(5)  60 copies to the Texas State Library.                                    

Added by Acts 1995, 74th Leg., ch. 41, § 1, eff. Sept. 1, 1995.            

SUBCHAPTER C. OTHER CONTRACTS FOR PRINTING SERVICES


	§ 2158.121. PROHIBITION APPLICABLE TO OTHER PRINTING 
CONTRACTS;  OFFENSE;  PENALTY.  (a) Except as otherwise provided by 
a contract or agreement with the state authorized by this 
subchapter, a person doing printing under contract for the state 
commits an offense if the person reproduces, prints, prepares, 
sells, or furnishes the printing or printed matter, a reprint, 
reproduction, or copy of the printing or printed matter, or a plate, 
type, mat, cut, or engraving from which the printing contract was 
executed, in an amount other than that agreed to be printed and 
furnished to the state under the contract.
	(b)  An offense under this section is a misdemeanor 
punishable by:           
		(1)  a fine of not less than $100 or more than $1,000;  
and                 
		(2)  confinement in jail for not more than 30 days if 
the offender is an individual.
	(c)  Conviction of an agent or employee under this section 
does not bar conviction of a principal.
	(d)  This subchapter does not apply to the printing and sale 
to the public of copies of the general and special laws by the 
printer of the laws under a contract authorized by Subchapter B.

Added by Acts 1995, 74th Leg., ch. 41, § 1, eff. Sept. 1, 1995.            


	§ 2158.122. EXCEPTION TO PROHIBITION.  (a) On consent of 
the commission and the governor, a person may print extra copies of 
matter printed under a state contract and sell the copies at a price 
fixed by the commission if in the opinion of the commission and the 
governor the printed matter should be distributed in this manner 
for the benefit of the public.
	(b)  A contract for the printing and sale of extra copies 
under this section must be approved by the attorney general.

Added by Acts 1995, 74th Leg., ch. 41, § 1, eff. Sept. 1, 1995.            


	§ 2158.123. STATE PRINTING CONTRACTS.  In this chapter 
and Chapters 2155, 2156, and 2157, printing is considered to be 
performed for the state if the printing is done under contract for:
		(1)  the legislature, including either house of the 
legislature;            
		(2)  a state department, board, or commission;                                
		(3)  a court;                                                                 
		(4)  an officer or agent of the state;  or                                    
		(5)  the state.                                                               

Added by Acts 1995, 74th Leg., ch. 41, § 1, eff. Sept. 1, 1995.            

SUBCHAPTER D. PURCHASE OF ELECTRICAL ITEMS


	§ 2158.181. SAFETY STANDARDS FOR ELECTRICAL ITEMS.  The 
commission or another state agency may not purchase an electrical 
item unless the item meets applicable safety standards of the 
federal Occupational Safety and Health Administration.

Added by Acts 1995, 74th Leg., ch. 41, § 1, eff. Sept. 1, 1995.            

SUBCHAPTER E. RECYCLED PRODUCTS


	§ 2158.241. INTERSTATE COMPACTS AND COOPERATIVE 
AGREEMENTS FOR PROCURING RECYCLED PRODUCTS.  The commission may 
enter into compacts and cooperative agreements with other states 
and government entities for procuring products made of recycled 
materials when the commission determines it is in the best interest 
of the state.

Added by Acts 1995, 74th Leg., ch. 41, § 1, eff. Sept. 1, 1995.  
Amended by Acts 1999, 76th Leg., ch. 426, § 15, eff. June 18, 
1999.