HBA-TYH H.B. 1890 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 1890
By: Dukes
State Affairs
3/9/1999
Introduced



BACKGROUND AND PURPOSE 

Currently, state agencies are required by statute to include certain
information in a public notice regarding procurement.  Some firms' chances
of submitting a successful bid may be enhanced by access to an "insider"
network of information related to the procurement process, which provides a
competitive edge to some but not all firms.  Historically underutilized
businesses (HUBs) are usually lacking in such competitive resources to
provide the necessary and complete information germane to procurement
opportunities.   

Additionally, the $100 charge for businesses to be placed on the master
bidders list serves as a financial deterrent to participation by small
HUBs.  Officials at the General Services Commission report that 50 percent
of Texas certified HUBs are not on the master bidders list. 

H.B. 1890 requires posting of clear and complete information necessary to
make a successful bid, proposal, or other applicable expression of interest
for the procurement contract.  This bill also eliminates the registration
fee for HUBs to be placed on the master bidders list and the annual renewal
fee. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 2155.074(g), Government Code, as added by
Chapter 508, Acts of the 75th Legislature, Regular Session, 1997, to
include, in the bid or proposal solicitation package or notice that a state
agency is required to post in the business daily, all information necessary
to make a successful bid, proposal, or other applicable expression of
interest for the procurement contract.   Includes in such information a
clear and complete, rather than brief, description of the goods or services
to be procured, the contact information for a person to contact  and
inquire about, rather than obtain, all necessary information related to
making a bid or proposal, and other enumerated items. 

SECTION 2.  Amends Section 2155.266, Government Code, by amending
Subsection (a) and adding Subsection (c), as follows: 

(a)  Provides Subsection (c) as an exception to this subsection which
authorizes registration and renewal fees for application to the master
bidders list. 

(c)  Requires the General Services Commission to register and maintain the
registration of a historically underutilized business (HUB) on the list
without charging the HUB a registration fee or an annual renewal fee. 

SECTION 3.Effective date: September 1, 1999.

SECTION 4.Emergency clause.