2005 Texas Government Code CHAPTER 2163. COMMERCIALLY AVAILABLE ACTIVITIES

GOVERNMENT CODE

CHAPTER 2163. COMMERCIALLY AVAILABLE ACTIVITIES


	§ 2163.001. REVIEW PROCESS.  (a) The commission shall 
develop a systematic review process to identify commercially 
available services being performed by the commission and study the 
services to determine if they may be better provided by other state 
agency providers of the services or private commercial sources.
	(b)  In reviewing its services, the commission shall:                          
		(1)  determine whether competitive vendors exist in the 
private sector;     
		(2)  compare the cost of contracting for the services 
from other state agency providers of the services or private 
commercial sources to the commission's cost of performing the 
services;  and
		(3)  document cost savings from contracting for the 
services from other state agency providers of the services or 
private commercial sources.
	(c)  Each commercially available service performed by the 
commission shall be reviewed at least once every six years.
	(d)  The commission shall consult with the State Council on 
Competitive Government as necessary in planning and conducting its 
reviews under this subchapter.

Added by Acts 2001, 77th Leg., ch. 1422, § 6.01, eff. Sept. 1, 
2001.     


	§ 2163.002. COST COMPARISON AND CONTRACT 
CONSIDERATIONS.  (a) The commission shall consider all of its 
direct and indirect costs in determining the cost of providing a 
service.
	(b)  In comparing the cost of providing a service, the 
commission must include the:
		(1)  cost of supervising the work of a private 
contractor;  and             
		(2)  cost to the state of the commission's performance 
of the service, including:
			(A)  the costs of the office of the attorney 
general and other support agencies;  and
			(B)  other indirect costs related to the 
commission's performance of the service.

Added by Acts 2001, 77th Leg., ch. 1422, § 6.01, eff. Sept. 1, 
2001.     


	§ 2163.003. CONTRACTING WITH ANOTHER STATE AGENCY OR 
PRIVATE SOURCE.  (a) If the commission determines that a service 
can be performed with a comparable or better level of quality at a 
savings to the state of at least 10 percent by using other state 
agency providers of the service or a private commercial source, the 
commission may contract with other state agency providers of the 
services or private commercial sources for the service.
	(b)  The commission maintains responsibility for providing a 
contracted service and shall set measurable performance standards 
for a contractor.

Added by Acts 2001, 77th Leg., ch. 1422, § 6.01, eff. Sept. 1, 
2001.     


	§ 2163.004. PROHIBITION.  The commission may not begin 
providing a service the General Services Commission did not provide 
as of September 1, 2001, unless, after conducting an in-depth 
analysis on cost in accordance with Section 2163.002 and on 
availability of a service, the commission determines that it can 
perform the service at a higher level of quality or at a lower cost 
than other state agency providers of the service or private 
commercial sources.

Added by Acts 2001, 77th Leg., ch. 1422, § 6.01, eff. Sept. 1, 
2001.