GOVERNMENT CODE

TITLE 10. GENERAL GOVERNMENT

SUBTITLE D. STATE PURCHASING AND GENERAL SERVICES

CHAPTER 2163. COMMERCIALLY AVAILABLE ACTIVITIES

Sec. 2163.001.  REVIEW PROCESS.  (a)  The comptroller shall develop a systematic review process to identify commercially available services being performed by the comptroller 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 comptroller 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 comptroller'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 comptroller shall be reviewed at least once every six years.
Added by Acts 2001, 77th Leg., ch. 1422, Sec. 6.01, eff. Sept. 1, 2001.
Amended by: 
Acts 2017, 85th Leg., R.S., Ch. 24 (S.B. 706), Sec. 7(6), eff. September 1, 2017.
Acts 2019, 86th Leg., R.S., Ch. 1071 (H.B. 1524), Sec. 100, eff. September 1, 2019.

Sec. 2163.0011.  COMPTROLLER POWERS AND DUTIES.   The comptroller has under this chapter the powers and duties described by Section 2151.004(d).
Added by Acts 2007, 80th Leg., R.S., Ch. 937 (H.B. 3560), Sec. 1.29, eff. September 1, 2007.
Amended by: 
Acts 2019, 86th Leg., R.S., Ch. 1071 (H.B. 1524), Sec. 100, eff. September 1, 2019.

Sec. 2163.0012.  AUTHORITY TO ADOPT RULES.  The comptroller may adopt rules to efficiently and effectively administer this chapter.  Before adopting a rule under this section, the comptroller must conduct a public hearing regarding the proposed rule regardless of whether the requirements of Section 2001.029(b) are met.
Added by Acts 2007, 80th Leg., R.S., Ch. 937 (H.B. 3560), Sec. 1.29, eff. September 1, 2007.

Sec. 2163.002.  COST COMPARISON AND CONTRACT CONSIDERATIONS.  (a)  The comptroller 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 comptroller must include the:
(1)  cost of supervising the work of a private contractor; and
(2)  cost to the state of the comptroller'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 comptroller's performance of the service.
Added by Acts 2001, 77th Leg., ch. 1422, Sec. 6.01, eff. Sept. 1, 2001.
Amended by: 
Acts 2019, 86th Leg., R.S., Ch. 1071 (H.B. 1524), Sec. 100, eff. September 1, 2019.

Sec. 2163.003.  CONTRACTING WITH ANOTHER STATE AGENCY OR PRIVATE SOURCE.  (a)  If the comptroller 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 comptroller may contract with other state agency providers of the services or private commercial sources for the service.
(b)  The comptroller maintains responsibility for providing a contracted service and shall set measurable performance standards for a contractor.
Added by Acts 2001, 77th Leg., ch. 1422, Sec. 6.01, eff. Sept. 1, 2001.
Amended by: 
Acts 2019, 86th Leg., R.S., Ch. 1071 (H.B. 1524), Sec. 100, eff. September 1, 2019.

Sec. 2163.004.  PROHIBITION.  The comptroller 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 comptroller 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, Sec. 6.01, eff. Sept. 1, 2001.
Amended by: 
Acts 2019, 86th Leg., R.S., Ch. 1071 (H.B. 1524), Sec. 100, eff. September 1, 2019.