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Glenn Hegar  ·  Texas Comptroller of Public Accounts

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

Senate Bill (SB) 73

Relating to leave policy and procedures for state employees. [+]

Author: Nelson

Effective Date: September 1, 2017

This bill requires state agencies to adopt a policy governing leave for employees including vacation leave, sick leave, and emergency leave. The policy is required to provide clear and objective guidelines to establish under what circumstances an employee of the agency can be entitled to or granted each type of leave. A state agency is required to post the policy on its website in a location easily accessible by the agency’s employees and the public.

A head of an agency is authorized to determine that a reason other than a death in the family is sufficient reason for granting emergency leave. The leave cannot be granted to an employee unless the agency head believes in good faith that the employee intends to return to his or her position after the emergency leave period expired.

The head of an agency is required to report to CPA by October 1 of each year the name and position of each employee who has been granted more than 32 hours of emergency leave during the previous state fiscal year, the reason for the leave, and the total number of hours granted to that employee. The first report is due October 1, 2017.

SB 132

Relating to the savings incentive program for state agencies. [+]

Author: Creighton

Effective Date: September 1, 2017

This bill allows an agency that spends less undedicated general revenue from nonfederal sources than is appropriated to it to retain half of the money saved. The bill removes the provision limiting the amount of savings retained to 1 percent of undedicated general revenue from nonfederal sources appropriated to the agency for the fiscal year.

The bill requires that half of the retained savings be used to make additional principal payments for general obligation bonds issued by the agency or by TPFA on the agency’s behalf. If there are no outstanding general obligation bonds, the agency can provide equally distributed bonuses to each agency employee who:

  • is as FTE or equivalent of the agency,
  • works for the agency as a FTE for the entire fiscal year when the savings are realized, and
  • is directly responsible for or works in a part of the agency responsible for the realized savings.

A bonus cannot be given to an agency employee who serves in an upper management position, including the chief executive or administrator of the agency.

If the amount of realized savings as a percentage of the agency’s total amount of undedicated general revenue derived from nonfederal sources is:

  • fewer than 3 percent, a bonus cannot exceed $250;
  • at least 3 percent but fewer than 5 percent, a bonus cannot exceed $500,
  • at least 5 percent but fewer than 10 percent, a bonus cannot exceed $750,
  • 10 percent or more, a bonus cannot exceed $1,000.

SB 252

Relating to prohibiting governmental contracts with a company doing business with Iran, Sudan, or a foreign terrorist organization. [+]

Author: Taylor, Van

Effective Date: September 1, 2017

This bill prohibits governmental entities from entering into a contract with companies engaged in active business operations with Sudan, Iran, or a foreign terrorist organization.

SB 255

Relating to contracts with and training for governmental entities and vendors, including purchasing and contract management training; authorizing fees. [+]

Author: Zaffirini

Effective Date: September 1, 2017

This bill adds to training requirements for state agency employeess on purchasing, contract management, and contract negotiations. Some of the major provisions of the bill include the following:

  • The bill require state agencies that spend more than $5,000 per fiscal year for training of any individual employee to submit certain agency training information to the LBB.
  • The bill requires CPA to develop and provide a purchasing and contract management-training program to meet the needs of state agencies.
  • The bill authorizes CPA to assess a fee for training in an amount not to exceed the costs incurred to provide the training.
  • The bill requires state agency personnel directly involved in contract negotiations for the purchase of information resources technologies to complete the training developed by DIR.

SB 261

Relating to the bulk purchase of information technology commodity items by the Department of Information Resources. [+]

Author: Zaffirini

Effective Date: May 29, 2017

This bill specifies that the procedures governing state agency purchases of software, hardware, and technology from DIR’s cooperative contracts list and the limit on contracts for these items do not apply to a department contract for the bulk purchase of these items intended for use by more than one state agency.

SB 262

Relating to certain purchasing by state agencies and local governments. [+]

Author: Zaffirini

Effective Date: September 1, 2017

This bill requires DIR to assess the risk in the purchase of software, hardware, and technology services from the list of these items maintained by DIR and used by state agencies. DIR is required, based on that risk assessment, to verify the purchase transactions reports of the monthly sales of the items submitted by vendors.

The bill applies only to contracts on or after the effective date of the bill for which state agencies:

  • first advertise or solicit bids,
  • extend contracts, and
  • submit change orders.

SB 532

Relating to information collected about and purchases of information technology by governmental entities. [+]

Author: Nelson

Effective Date: September 1, 2017

This bill requires DIR to submit a consolidated report of each state agency’s information technology infrastructure not later than November 15 of each even-numbered year to certain leadership and staff of the LBB. The consolidated report must include an analysis and assessment of each state agency’s security and operational risks. If a state agency is found to be at higher security and operational risks, the report must also include a detailed analysis of, and costs estimates to implement:

  • the requirements for the agency to address the risks and related vulnerabilities and the agency’s efforts to address the risks through the modernization of IT systems,
  • use of cloud services, and
  • use of statewide technology centers established by DIR.

The bill also requires DIR to submit a report not later than November 15 of each even-numbered year on the use of cloud computing service options by state agencies, including use cases that provide cost savings and other benefits.

SB 533

Relating to governmental entity contracting and procurement. [+]

Author: Nelson

Effective Date: September 1, 2017

This bill makes various changes to state agency contracting. Some of the major provisions of the bill include the following:

  • The bill requires certain provisions regarding personal financial disclosure, standards of conduct, and conflict of interest.
  • The bill requires that state agencies prepare, in consultation with DIR, a technical architectural assessment for each major information resources project or major contract.
  • The bill requires state agencies to adopt a policy on the interaction between their employees and vendors.
  • The bill requires CPA to employ a chief procurement officer to serve as the chief procurement officer for this state. The chief procurement officer has authority over state agency procurement.
  • The bill requires state agencies to submit a request for pricing for an information technology commodity contract with a value of more than $50,000, but not more than $1 million, to at least three vendors.
  • The bill lowers the threshold for which the CAT reviews and makes recommendations on solicitations from $10 million to $5 million.

SB 706

Relating to the abolishment of the State Council on Competitive Government and the transfer of its functions to the comptroller. [+]

Author: Birdwell

Effective Date: September 1, 2017

This bill abolishes the State Council on Competitive Government and transfers the Council’s powers and duties to CPA.

SB 1289

Relating to the purchase of iron and steel products made in the United States for certain governmental entity projects. [+]

Author: Creighton

Effective Date: September 1, 2017

This bill requires state entities with projects relating to the construction, remodeling, or altering of a building, a structure, or infrastructure, including a road or highway, or who supply a material for such projects, to source iron or steel products used in such projects from the United States. The bill permits exceptions to the requirement if:

  • these products are not produced in sufficient quantities in the United States;
  • the use of products produced in the United States will increase the total cost of the project by more than 20 percent; or
  • complying with the requirement is inconsistent with the public interest.

SB 1677

Relating to information about services for women veterans provided through certain state agency applications. [+]

Author: Lucio

Effective Date: September 1, 2017

This bill requires an agency in the executive branch of state government that serves or assists adult women to include in each application for a program, a service, or assistance a space to indicate whether an applicant is a veteran. The application shall also include model language informing the applicant that she can be entitled to additional services because of her veteran status. TVC is be required to develop the model language required in the application and include the language on its website.

SB 1831

Relating to an annual report on state programs not funded by appropriations. [+]

Author: Buckingham

Effective Date: June 15, 2017

This bill requires CPA, not later than December 31 of each year, to submit a report to the Legislature that identifies for each state agency:

  • each program the agency is statutorily required to implement for which no appropriation was made for the preceding state fiscal year,
  • a citation to the law imposing the requirement, and
  • the amount and source of money the agency spent, if any, to implement any portion of the program during the preceding state fiscal year.

A state agency is required to provide CPA the information necessary for the report not later than September 30 of each year. The first report is required by December 31, 2017.

SB 1910

Relating to state agency information security plans, information technology employees, and online and mobile applications. [+]

Author: Zaffirini

Effective Date: September 1, 2017

This bill sets forth certain requirements all agencies are required to follow relating to information technology security. Some of the major provisions of the bill include the following:

  • The bill requires each state agency to designate an information security officer within the agency.
  • The bill requires each state agency implementing an internet website or mobile application that processes any personally identifiable or confidential information to submit a biennial data security plan to DIR.
  • The bill requires institutions of higher education to adopt and implement a policy for internet website and mobile application security procedures.
  • If a cybersecurity event creates the need for emergency funding, the bill authorizes DIR to request that the Governor or the LBB provide funding to manage the impacts from the cybersecurity event.
Glenn Hegar
Texas Comptroller of Public Accounts
Questions? Contact statewide.accounting@cpa.texas.gov
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