CHAPTER 2163. COMMERCIALLY AVAILABLE ACTIVITIES
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 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, Sec. 6.01, eff. Sept. 1,
2001.
For expiration of this section, see Section 2151.0041.
Sec. 2163.0011. TRANSFER OF DUTIES; REFERENCE. (a) The powers
and duties of the commission under this chapter are transferred
to the comptroller.
(b) In this chapter, a reference to the commission means the
comptroller.
Added by Acts 2007, 80th Leg., R.S., Ch.
937, Sec. 1.29, eff. September 1, 2007.
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, Sec. 1.29, eff. September 1, 2007.
Sec. 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, Sec. 6.01, eff. Sept. 1,
2001.
Sec. 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, Sec. 6.01, eff. Sept. 1,
2001.
Sec. 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, Sec. 6.01, eff. Sept. 1,
2001.