2005 Texas Government Code CHAPTER 2177. ELECTRONIC COMMERCE

GOVERNMENT CODE

CHAPTER 2177. ELECTRONIC COMMERCE

SUBCHAPTER A. GENERAL PROVISIONS


	§ 2177.001. DEFINITIONS.  In this chapter:                                  
		(1)  "Department" means the Department of Information 
Resources.            
		(2)  "Electronic procurement system" means the 
electronic system for procuring goods and services consisting of 
the electronic procurement marketplace created under Subchapter B 
and the electronic commerce network created under Subchapter C.
		(3)  "Institution of higher education" has the meaning 
assigned by Section 61.003, Education Code.
		(4)  "Political subdivision" includes a school 
district.                    
		(5)  "State agency" has the meaning assigned by Section 
2054.003, except that the term does not include a university system 
or institution of higher education or an agency identified in 
Section 531.001(4).

Added by Acts 2001, 77th Leg., ch. 1272, § 3.01, eff. June 15, 
2001; Acts 2001, 77th Leg., ch. 1422, § 7.06, eff. Sept. 1, 2001.  
Amended by Acts 2003, 78th Leg., ch. 198, § 2.38, eff. Sept. 1, 
2003.  Reenacted and combined with V.T.C.A., Government Code § 
2177.0001 and amended by Acts 2005, 79th Leg., ch. 469, § 1, eff. 
June 17, 2005;  Acts 2005, 79th Leg., ch. 728, § 8.0195, eff. 
Sept. 1, 2005.


	§ 2177.002. SMALL AND HISTORICALLY UNDERUTILIZED 
BUSINESSES.  The commission and the department shall ensure that 
small and historically underutilized businesses have maximum 
access to electronic commerce opportunities.

Added by Acts 2001, 77th Leg., ch. 1422, § 7.06, eff. Sept. 1, 
2001.     


	§ 2177.003. CONSULTATION.  The commission, at least 
quarterly, shall consult with the following entities to ensure that 
the electronic procurement system meets the needs of users of the 
system:
		(1)  the department;                                                          
		(2)  groups, including coordinating councils, created 
by the commission to assist with electronic commerce initiatives;
		(3)  the vendor advisory committee established under 
Section 2155.081;  and 
		(4)  other state agencies and local governments that 
use the system.        

Added by Acts 2001, 77th Leg., ch. 1422, § 7.06, eff. Sept. 1, 
2001.  Amended by Acts 2003, 78th Leg., ch. 785, § 39, eff. Sept. 
1, 2003.


	§ 2177.004. INTERFACE WITH TEXAS ONLINE.  (a) The 
department, with the assistance of the commission, shall assess 
whether all or parts of the electronic procurement system should 
interface with the project known as Texas Online that is a 
continuation of the demonstration project authorized by Section 
2054.062 as enacted by the 76th Legislature.
	(b)  Based on the assessment, the department and the 
commission may interface all or parts of the electronic procurement 
system with Texas Online or use features of Texas Online to enhance 
the electronic procurement system.

Added by Acts 2001, 77th Leg., ch. 1422, § 7.06, eff. Sept. 1, 
2001.     


	§ 2177.005. APPLICABILITY TO INSTITUTIONS OF HIGHER 
EDUCATION.  An institution of higher education may, but is not 
required to, participate in any electronic system established under 
this chapter.

Added by Acts 2001, 77th Leg., ch. 1272, § 3.02, eff. June 15, 
2001.     

SUBCHAPTER B. ELECTRONIC PROCUREMENT MARKETPLACE


	§ 2177.051. ELECTRONIC PROCUREMENT MARKETPLACE.  (a) The 
commission shall establish, and the department shall manage, the 
electronic infrastructure of an electronic procurement 
marketplace.  The commission shall manage and administer the 
content of the electronic procurement marketplace in accordance 
with this subtitle.  The department or commission, as appropriate, 
may enter into contracts with private or public entities to 
establish or maintain all or part of the databases comprising the 
marketplace, to the extent feasible, including contracts to procure 
hardware or software.  The department or commission, as 
appropriate, shall procure all goods and services related to the 
marketplace through a competitive selection process appropriate 
for the good or service being acquired.
	(b)  The commission, in consultation with the department, 
shall define standards, including keyword and product code 
standards, for the electronic procurement marketplace.  The 
marketplace may contain:
		(1)  information relevant to the state's standard 
procurement specifications for goods and services;
		(2)  information about vendors, including vendor 
performance information;   
		(3)  information about products, including product 
testing results;         
		(4)  historical purchasing information, qualified 
purchase lists, and trends;
		(5)  information about the availability of surplus 
property;  and           
		(6)  information about recycled, remanufactured, or 
environmentally sensitive commodities or services, including 
commodities or services identified under Section 2155.448.
	(c)  The commission shall integrate the business daily into 
the electronic procurement marketplace.
	(d)  The department may adopt rules relating to the design 
and use of the electronic procurement marketplace that concern the 
technical requirements of the marketplace.  The commission may 
adopt rules relating to the use of the marketplace for its intended 
purpose, including rules that require state agencies to provide 
information for or receive information from the marketplace.  The 
department and the commission shall consult in adopting rules under 
this subsection.
	(e)  The commission may make state procurement information 
available to political subdivisions through the electronic 
procurement marketplace on a fee-for-service basis.  The commission 
shall set the fees in an amount that recovers the state's costs in 
providing the access to a political subdivision.
	(f)  Before developing a contract for the procurement of a 
good or service, a state agency shall use the electronic 
procurement marketplace as prescribed by this chapter and 
commission rules.
	(g)  The marketplace may contain:                                              
		(1)  information relevant to the state's standard 
procurement specifications for goods and services;
		(2)  information about vendors, including vendor 
performance information;   
		(3)  information about products, including product 
testing results;  and    
		(4)  historical purchasing information, qualified 
purchase lists, and trends.
	(h)  The department or commission may require information 
from a state agency for inclusion in the electronic procurement 
marketplace.

Added by Acts 1997, 75th Leg., ch. 494, § 1, eff. Sept. 1, 1997.  
Renumbered from V.T.C.A., Government Code § 2177.001 and amended 
by Acts 2001, 77th Leg., ch. 1422, § 7.06, eff. Sept. 1, 2001;  
Acts 2005, 79th Leg., ch. 469, § 2, eff. June 17, 2005.


	§ 2177.052. MAJOR CONTRACTS.  (a) In this section, "major 
contract" means a contract that has a value that is expected to be 
at least $5 million computed as the:
		(1)  initial value of the contract;  or                                       
		(2)  total value of the contract after all potential 
term extensions.       
	(b)  Each state agency shall provide the commission copies of 
the following documents:
		(1)  each major contract entered into by the agency;  
and                   
		(2)  each request for proposal, invitation to bid, or 
comparable solicitation related to the major contract.
	(c)  The commission shall include in the information posted 
on the electronic procurement marketplace:
		(1)  each major contract of a state agency, including 
the commission;  and  
		(2)  each request for proposal, invitation to bid, or 
comparable solicitation related to the major contract.
	(d)  The commission shall allow Texas governmental entities, 
including legislative entities, access to the information posted 
under this section.
	(e)  The commission shall allow public access to the 
information posted under this section, except for information that 
is not subject to disclosure under Chapter 552.  Information that is 
not subject to disclosure under Chapter 552 must be referenced in an 
appendix that generally describes the information without 
disclosing the specific content of the information.
	(f)  The commission shall make the information searchable by 
contract value, state agency, and vendor.  The commission may make 
the information searchable by other subjects as appropriate.

Added by Acts 2005, 79th Leg., ch. 469, § 3, eff. June 17, 2005.           

SUBCHAPTER C. ELECTRONIC COMMERCE NETWORK


	§ 2177.101. EXCEPTIONS.  (a) This subchapter does not 
apply to procurements conducted by an agency identified in Section 
531.001(4) or to procurements for major construction projects, as 
defined by the commission in consultation with the department, such 
as procurements made under Chapter 223, Transportation Code.  In 
defining a major construction project, the commission shall base 
its decision on whether the nature of the project, any related 
contract or specifications, or other considerations are of a type 
that would make electronic procurement inappropriate.
	(b)  The exceptions listed under Section 2166.003(a) apply 
as exceptions to this subchapter.

Added by Acts 2001, 77th Leg., ch. 1422, § 7.06, eff. Sept. 1, 
2001.  Amended by Acts 2003, 78th Leg., ch. 198, § 2.39, eff. 
Sept. 1, 2003.


	§ 2177.102. ELECTRONIC COMMERCE NETWORK.  (a) The 
department shall establish and manage the electronic 
infrastructure of an electronic commerce network.  The commission 
shall manage and administer the content of the electronic commerce 
network.  The electronic commerce network, to the extent feasible, 
shall allow the state's purchasing transactions with vendors to be 
accomplished electronically by means of facsimile transmissions 
and on-line transmission of necessary information. 
	(b)  The department or commission, as appropriate, may enter 
into contracts with one or more public or private entities to 
establish or support various elements of the network.  The 
department or commission, as appropriate, shall procure all goods 
and services related to the network through the competitive 
selection process appropriate for the good or service being 
acquired.
	(c)  The department, in consultation with the commission, 
may provide for a gateway between the electronic procurement 
marketplace and the electronic commerce network so that the 
elements of a procurement transaction that are within state 
government and the elements of a procurement transaction that 
involve communication with a vendor may all be accomplished 
electronically.
	(d)  Each state agency must participate in the network and 
participate in contracts entered into by the department or the 
commission for the establishment or support of the network.  The 
department shall charge an agency a fee for network services 
provided to the agency by the department or by a contractor so that 
the cost of providing network services to an agency is paid by the 
agency.
	(e)  The commission may allow political subdivisions and 
other public entities that are members of the commission's 
cooperative purchasing program to participate in the electronic 
commerce network.  The department shall require that a 
participating political subdivision or other entity is charged a 
fee for the network services in the same manner that participating 
state agencies are charged fees under Subsection (d).
	(f)  The department may also charge private businesses a fee 
for accessing the network.
	(g)  The department may adopt rules to administer this 
section that concern the technical requirements of the network.  
The commission may:
		(1)  adopt rules relating to the use of the network for 
its intended purpose;  and
		(2)  require participating state agencies, political 
subdivisions, and other public entities to designate a network 
coordinator.
	(h)  The department and the commission shall consult in 
adopting rules under this section.
	(i)  The requirements of this subchapter are in addition to 
the requirements of other law relating to the solicitation of bids, 
proposals, or expressions of interest for a procurement by the 
commission or another state agency.  This subchapter does not 
affect any other law that requires the commission or another state 
agency to award a procurement contract through competitive bidding, 
competitive sealed proposals, or another method.

Added by Acts 1997, 75th Leg., ch. 494, § 1, eff. Sept. 1, 1997.  
Renumbered from V.T.C.A., Government Code § 2177.002 and amended 
by Acts 2001, 77th Leg., ch. 1422, § 7.06, eff. Sept. 1, 2001.


	§ 2177.103. PARTICIPATION BY STATE AGENCIES IN ELECTRONIC 
COMMERCE NETWORK.  (a) Each state agency shall send to the 
commission for posting on the electronic commerce network 
information on each procurement contract the commission, in 
consultation with the department, determines is appropriate for 
electronic procurement:
		(1)  without regard to the source of funds the agency 
will use for the procurement;  and
		(2)  including a procurement that is:                                         
			(A)  a procurement by a state agency that is 
otherwise exempt from the commission's purchasing authority;
			(B)  made under delegated purchasing authority 
under Section 2155.131;  or 
			(C)  a procurement of professional or consulting 
services.                 
	(b)  The commission and each state agency shall include in 
the information placed on the electronic commerce network the 
following information for each procurement that the commission will 
make or that another state agency will make under Subsection (a):
		(1)  a description of the goods or services to be 
procured;                 
		(2)  the estimated quantity of the goods or services to 
be procured;        
		(3)  if applicable, the previous price paid by the 
commission or another state agency for the same or similar goods or 
services;
		(4)  the estimated date on which the goods or services 
to be procured will be needed;  and
		(5)  the name, business mailing address, and business 
telephone number of the commission employee or other state agency 
employee a person can contact to obtain all necessary information 
relating to making a bid or proposal or other applicable expression 
of interest for the procurement contract.
	(c)  The commission shall also post on the electronic 
commerce network other information relating to the business 
activity of the state that the commission considers to be of 
interest to the public.  Each state agency shall provide the 
commission with information the commission requires for purposes of 
this subsection in a format prescribed by the commission.
	(d)  Each state agency that will award a contract that has 
been placed on the electronic commerce network under Subsection (a) 
shall place notification of the awarding of the contract on the 
electronic commerce network.

Added by Acts 1997, 75th Leg., ch. 494, § 1, eff. Sept. 1, 1997.  
Renumbered from V.T.C.A., Government Code § 2177.003 and amended 
by Acts 2001, 77th Leg., ch. 1422, § 7.06, eff. Sept. 1, 2001.