2005 Texas Government Code CHAPTER 2162. STATE COUNCIL ON COMPETITIVE GOVERNMENT

GOVERNMENT CODE

CHAPTER 2162. STATE COUNCIL ON COMPETITIVE GOVERNMENT

SUBCHAPTER A. GENERAL PROVISIONS


	§ 2162.001. DEFINITIONS.  In this chapter:                                  
		(1)  "Council" means the State Council on Competitive 
Government.           
		(2)  "Local government" means a county, municipality, 
special district, school district, junior college district, or 
other legally constituted political subdivision of the state.

Added by Acts 1995, 74th Leg., ch. 41, § 1, eff. Sept. 1, 1995.  
Amended by Acts 2003, 78th Leg., ch. 1310, § 56, eff. June 20, 
2003.


	§ 2162.002. COMPETITION, INNOVATION, AND CREATIVITY IN 
STATE SERVICES.  The state shall encourage competition, 
innovation, and creativity among service providers to improve the 
quality of the state's services.

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

SUBCHAPTER B. ADMINISTRATIVE PROVISIONS


	§ 2162.051. COMPOSITION OF COUNCIL.  (a) The State 
Council on Competitive Government consists of the following 
individuals or the individuals they designate:
		(1)  the governor;                                                            
		(2)  the lieutenant governor;                                                 
		(3)  the comptroller;                                                         
		(4)  the speaker of the house of representatives;                             
		(5)  the commission's presiding officer;  and                                 
		(6)  the commissioner of the Texas Workforce Commission 
representing labor. 
	(b)  The governor is the presiding officer of the council.                     
	(c)  If the speaker of the house of representatives is not 
permitted by the constitution to serve as a voting member of the 
council, the speaker serves as a nonvoting member.

Added by Acts 1995, 74th Leg., ch. 41, § 1, eff. Sept. 1, 1995.  
Amended by Acts 2003, 78th Leg., ch. 817, § 10.09, eff. Sept. 1, 
2003.


	§ 2162.052. MEETINGS.  (a) The council shall meet as 
often as necessary to perform its duties.
	(b)  The council is subject to:                                                
		(1)  the open meetings law, Chapter 551;  and                                 
		(2)  the open records law, Chapter 552.                                       

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

SUBCHAPTER C. GENERAL POWERS AND DUTIES


	§ 2162.101. GENERAL POWERS.  In performing its duties 
under this chapter, the council may:
		(1)  adopt a rule governing any aspect of the council's 
duties or responsibilities;
		(2)  hold a public hearing or conduct a study;  and                           
		(3)  consult a private commercial source.                                     

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


	§ 2162.102. SELECTION OF SERVICE PROVIDER THROUGH 
COMPETITION.  (a) The council shall identify commercially 
available services being performed by state agencies and study the 
services to determine if they may be better provided by selecting 
the service providers through competition with other state agency 
providers of the services or private commercial sources.
	(b)  If the council determines that a service identified 
under Subsection (a) may be better provided by selecting the 
service provider through competition, the council shall require the 
state agency providing the service to engage in any process, 
including competitive bidding, developed by the council to select a 
service provider through competition with other state agency 
providers of the service or private commercial sources.
	(c)  In performing its duties under this chapter, the council 
may:           
		(1)  require a state agency to conduct a hearing, 
study, review, or cost estimate, including an agency in-house cost 
estimate or a management study, concerning any aspect of a service 
identified under Subsection (a);
		(2)  develop and require state agencies to use methods 
to accurately and fairly estimate and account for the cost of 
providing a service identified under Subsection (a);
		(3)  require that a service identified under Subsection 
(a) be submitted to competitive bidding or another process that 
creates competition with private commercial sources;
		(4)  prescribe, after consulting affected state 
agencies, the specifications and conditions of purchase procedures 
that must be followed by the commission and a state agency or a 
private commercial source engaged in competitive bidding to provide 
a service identified under Subsection (a);
		(5)  award a contract to a state agency providing the 
service, another state agency, a private commercial source, or a 
combination of those entities, if the bidder presents the best and 
most reasonable bid, which is not necessarily the lowest bid;  and
		(6)  determine the terms of a contract for service or 
interagency contract to provide a service identified under 
Subsection (a).
	(d)  To the extent the council determines is feasible, a 
local government may voluntarily participate in a contract awarded 
by the council or a state agency under this chapter.  A local 
government that purchases a good or a service under a contract 
awarded under this chapter is considered to have satisfied any 
state law requiring the local government to follow a competitive 
purchasing procedure for the purchase.

Added by Acts 1995, 74th Leg., ch. 41, § 1, eff. Sept. 1, 1995.  
Amended by Acts 2003, 78th Leg., ch. 1310, § 57, eff. June 20, 
2003.


	§ 2162.103. COST COMPARISON AND CONTRACT 
CONSIDERATIONS.  (a) In comparing the cost of providing a service, 
the council shall consider the:
		(1)  cost of supervising the work of a private 
contractor;  and             
		(2)  cost of a state agency's performance of the 
service, including:        
			(A)  the costs of the comptroller, attorney 
general, and other support agencies;  and
			(B)  other indirect costs related to the agency's 
performance of the service.
	(b)  A bid or contract must include an analysis of health 
care benefits, retirement, and workers' compensation insurance for 
a contractor's employees that are reasonably comparable to the 
health care benefits, retirement, and workers' compensation 
insurance of the state.

Added by Acts 1995, 74th Leg., ch. 41, § 1, eff. Sept. 1, 1995.  
Amended by Acts 1997, 75th Leg., ch. 1423, § 8.66, eff. Sept. 1, 
1997.


	§ 2162.104. DUTIES OF AFFECTED STATE AGENCIES.  A state 
agency shall perform an activity required by the council in 
performing its duties or exercising its powers under this chapter.

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


	§ 2162.105. EXEMPTION FROM PURCHASING LAWS.  A contract 
by the council or a decision regarding whether a state agency is 
required to engage in competitive bidding is exempt from another 
state law regulating or limiting state purchasing or a purchasing 
decision.

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