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Changes to Article IX of the GAA and Other Bills of Interest to State Agencies

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Other Bills of Interest to State Agencies – Senate Bills

SB 13

Relating to state contracts with and investments in certain companies that boycott energy companies. [+]

Author: Birdwell, et al.

Effective Date: Sept. 1, 2021

This bill prohibits state agencies from contracting with or investing in financial companies that boycott fossil fuel-based energy firms. The bill requires the Comptroller’s office to prepare, maintain and provide a list of all financial companies that boycott energy companies to each government entity. The bill does not apply to government entities that determine the requirements are inconsistent with constitutional or statutory duties related to the issuance, incurrence or management of debt obligations, or the deposit, custody, management, borrowing or investment of funds.

SB 19

Relating to prohibited contracts with companies that discriminate against the firearm or ammunition industries. [+]

Author: Schwertner, et al.

Effective Date: Sept. 1, 2021

This bill prohibits a state agency or institution from entering a contract for the purchase of goods or services, paid partly or wholly from public funds, unless the contract contains a written verification from the contracting company that:

  • It does not have a practice, policy, guidance or directive that discriminates against a firearm entity or firearm trade association based solely on the entity’s or association’s status as such.
    and
  • It will not engage in any such discrimination during the contract term.

This prohibition applies only to a contract between an agency or institution and a company with at least 10 full-time employees and a value of at least $100,000.

SB 44

Relating to leave for state employees who are volunteers of certain disaster relief organizations. [+]

Author: Zaffirini

Effective Date: Sept. 1, 2021

This bill grants a state employee in the executive or judicial branch who is a volunteer of any organization that is a member of the Texas Voluntary Organizations Active in Disaster up to 10 days of paid leave per fiscal year without a deduction in salary or loss of vacation time, sick leave, earned overtime credit or state compensatory time to participate in disaster relief services if the following conditions are met:

  • Both the employee’s supervisor and the agency’s executive director authorize the leave.
    and
  • The services the employee participates in are provided for a state of disaster declared by the governor.

SB 202

Relating to the payment of certain employer contributions for employed retirees of the Teacher Retirement System of Texas. [+]

Author: Schwertner

Effective Date: June 14, 2021

This bill provides that an employer may not directly or indirectly pass the cost of employer contributions on to a retiree through any means designed to recover the cost.

SB 220

Relating to notice and reporting requirements for vendor rebates under a contract listed on a multiple award contract schedule. [+]

Author: Zaffirini

Effective Date: Sept. 1, 2021

This bill requires the Comptroller’s office to notify a state agency purchasing a good or service through a contract listed on a multiple award contract schedule of the percentage used to calculate an authorized rebate. A state agency that uses federal funds to make a purchase from a vendor under a contract listed on the schedule is responsible for reporting the appropriate portion of a rebate collected from the vendor to the federal funding agency.

SB 282

Relating to a prohibition against the appropriation of money to settle or pay a sexual harassment claim made against certain members of the executive, legislative or judicial branch of state government and to a prohibition against the use of other public money to settle such a claim. [+]

Author: Alvarado

Effective Date: Sept. 1, 2021

This bill prohibits the Legislature from appropriating money and a state agency or institution from using appropriations to settle or pay a sexual harassment claim made against:

  • An elected member of the executive, legislative or judicial branch of state government.
  • A person appointed by the governor to serve as a member of a department, commission, board or other public office in the executive, legislative or judicial branch of state government.
    or
  • A person who serves as staff for either of the above.

SB 288

Relating to preventing the loss of benefits of and the payment of certain employer contributions for certain retirees of the Teacher Retirement System of Texas (TRS) who resume service. [+]

Author: Seliger

Effective Date: Sept. 1, 2021

This bill provides that if TRS determines that a retiree who has returned to work is in violation of employment after retirement laws and rules, TRS will first provide a written warning regarding the consequences of further employment that exceeds employment after retirement limitations. If, after the retiree has been notified, the member is still in violation, TRS is required to provide notice to the retiree and either require the retiree to pay a prorated amount of their annuity that is attributable to when the violation occurred, or pay TRS the difference between the number of hours the retiree is permitted to work and the number of hours the retiree actually worked. If the retiree is still in violation after the second notice, TRS is authorized to withhold the entire monthly annuity.

SB 321

Relating to contributions to, benefits from, and the administration of the Employees Retirement System of Texas. [+]

Author: Huffman

Effective Date: Sept. 1, 2021

This bill restructures the retirement benefit for members of the Employees Retirement System (ERS) and Law Enforcement and Custodial Officers Supplemental Retirement Fund (LECOS) hired on or after Sept. 1, 2022, from a defined benefit plan to a cash balance benefit retirement plan. All members of ERS hired on or after Sept. 1, 2022, will contribute 6% of pay into individual accounts; members of LECOS will contribute an additional 2%. The bill also requires the state to make a payment each fiscal year in the amount necessary to amortize the system’s unfunded actuarial liability no later than the fiscal year ending Aug. 31, 2054.

SB 424

Relating to state agency enforcement of laws regulating small businesses. [+]

Author: Hinojosa

Effective Date: Sept. 1, 2021

This bill prohibits a state agency with regulatory authority over a small business from imposing an administrative penalty against such a business for a first violation of a statute or a rule administered by the agency with some exceptions. By Jan. 1, 2022, each state agency subject to the bill must adopt a policy consistent with the bill’s requirements that provides that the agency will not attempt to recover an administrative penalty during the reasonable time the small business is attempting to remedy the violation. A state agency is required to implement the bill’s provisions only if the Legislature appropriates money specifically for that purpose. Otherwise, the state agency may choose to implement the bill's provisions using other available appropriations.

SB 475

Relating to state agency and local government information management and security, including establishment of the state risk and authorization management program and the Texas volunteer incident response team; authorizing fees. [+]

Author: Nelson

Effective Date: June 14, 2021

This bill requires DIR to establish a state risk and authorization management program. DIR must appoint a data management advisory committee, composed of each state agency's designated data management officer or their designee, to advise DIR's board and the agency on establishing statewide data ethics, principles, goals, strategies, standards and architecture. The bill also implements requirements for certain state agency contracts, prohibits the collection or dissemination of certain individually identifying information, and requires state agencies with more than 150 full-time employees to designate a full-time employee to serve as a data management officer.

SB 713

Relating to the sunset review process and certain government entities subject to that process. [+]

Author: Buckingham

Effective Date: June 16, 2021

This bill revises the review cycle for certain entities subject to Sunset review, removes certain entities from the review process and allows the Sunset Advisory Commission to exempt agencies that the commission determines are unable to participate in the review due to a declared disaster. The bill also authorizes the governor to designate another state agency to administer any law previously administered by an agency abolished through the Sunset process.

SB 783

Relating to the purchase of iron and steel products made in the United States for certain projects by public institutions of higher education. [+]

Author: Creighton

Effective Date: Sept. 1, 2021

This bill includes institutions among the government entities whose uniform general conditions for certain projects must require the bid documents and contract to include requirements that any iron or steel products produced through a manufacturing process and used in the project be produced in the United States.

SB 799

Relating to contracting procedures and requirements for government entities. [+]

Author: Nelson

Effective Date: Sept. 1, 2021

This bill makes numerous changes to the contracting procedures and requirements for government entities. Some of the major provisions of the bill include:

  • The bill gives state agencies the authority to purchase goods and services if the purchase does not exceed $50,000. Under current law, that limit is $15,000.
  • The bill allows the Comptroller’s office to delegate to a state agency the authority to purchase goods and services if the purchase exceeds $50,000.
  • The bill requires competitive bidding for a purchase over $10,000. Under current law, that limit is $5,000.
  • The bill requires a state agency that proposes to make a purchase or other acquisition that will cost more than $25,000 to solicit bids from vendors on the master bidders list. Under current law, that limit is $15,000.
  • The bill requires state agencies to send certain information to the LBB about certain contracts over $50,000. Under current law, those requirements apply to contracts over $14,000.

SB 800

Relating to certain required reports or information received or prepared by state agencies and other government entities. [+]

Author: Nelson

Effective Date: Sept. 1, 2021

This bill revises requirements related to certain state agency reports, including:

  • Changing report frequency from annual to biennial.
  • Reducing the number of recipients.
  • Imposing or altering deadlines.
    and
  • Repealing certain other required reports.

SB 841

Relating to the availability of personal information of individuals who are honorably retired from certain law enforcement positions. [+]

Author: Hughes

Effective Date: June 14, 2021

This bill prohibits public disclosure under state public information law of the personal information of individuals who are honorably retired from certain law enforcement positions.

SB 968

Relating to public health disaster and public health emergency preparedness and response; providing a civil penalty. [+]

Author: Kolkhorst

Effective Date: June 16, 2021

This bill, among other provisions, does the following:

  • Prohibits a state agency from issuing a vaccine passport for a purpose other than healthcare.
  • Prohibits businesses in the state from requiring documentation certifying the customer’s COVID-19 vaccination or recovery.
    and
  • Requires state agencies to ensure businesses in the state comply as a condition for contracting with the state and receiving licenses, permits or other authorizations.

SB 1225

Relating to the authority of a government body impacted by a catastrophe to temporarily suspend the requirements of the public information law. [+]

Author: Huffman

Effective Date: Sept. 1, 2021

This bill limits what constitutes a catastrophe that qualifies an impacted government body to suspend the requirements of state public information law. The bill allows the requirements to be suspended once per catastrophe with a maximum period of suspension of 14 consecutive calendar days.

SB 1336

Relating to a limit on the rate of growth of certain appropriations. [+]

Author: Hancock, et al.

Effective Date: Sept. 1, 2021

This bill creates a new statutory limit on the growth of consolidated general revenue appropriations. The bill requires that some appropriations be excluded from the computation determining whether appropriations exceed the new spending limit. The excluded appropriations include an appropriation for a purpose that provides tax relief or an appropriation to pay costs associated with recovery from a disaster declared by the governor.

SB 1541

Relating to the definition of business case for major information resources projects. [+]

Author: Zaffirini

Effective Date: Sept. 1, 2021

This bill defines a business case for major information resource projects and includes in that definition a comparison of costs and benefits, validation for major information resource projects, alternative financing models and an independent third-party analysis.

SB 1605

Relating to directing payment, after approval, of certain miscellaneous claims and judgments against the state out of funds designated by this Act; making appropriations. [+]

Author: Huffman

Effective Date: Sept. 1, 2021

This bill appropriates money from various accounts to pay outstanding claims and judgments against the state. Before any claim or judgment can be paid, it must be verified and substantiated by the administrator of the special fund or account and be approved by the attorney general and Comptroller’s office by Aug. 31, 2021.

SB 1827

Relating to the creation of the opioid abatement account, an opioid abatement trust fund and a statewide opioid settlement agreement. [+]

Author: Huffman, et al.

Effective Date: June 16, 2021

This bill creates the Opioid Abatement Fund Council to allocate money recovered by the state through an opioid settlement agreement. The bill also creates the Opioid Abatement Account as a dedicated account in general revenue and the Opioid Abatement Trust Fund as a trust fund outside of the state’s treasury. The account consists of:

  • Money obtained from a statewide opioid settlement agreement.
  • Money received from the state from any other source relating to a violation of state or federal law and resulting from an action by the state against an opioid manufacturer, an opioid distributor or another person in the opioid industry.
    and
  • Deposits from legislative appropriations, gifts and grants.

SB 2116

Relating to prohibiting contracts or other agreements with certain foreign-owned companies in connection with critical infrastructure in this state. [+]

Author: Campbell, et al.

Effective Date: June 18, 2021

This bill prohibits state agencies from entering into contracts or other agreements relating to state critical infrastructure with certain foreign-owned companies. Under the bill, “critical infrastructure” means a communication infrastructure system, cybersecurity system, electric grid, hazardous waste treatment system or water treatment facility. An agency cannot enter into such a contract or agreement if, under the contract or agreement, the company is granted direct or remote access to or control of critical infrastructure, excluding access specifically allowed by the entity for product warranty and support purposes.