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Statutes > Texas > Government-code > Title-10-general-government > Chapter-2158-purchasing-miscellaneous-provisions-for-purchase-of-certain-goods-and-services
GOVERNMENT CODE
TITLE 10. GENERAL GOVERNMENT
SUBTITLE D. STATE PURCHASING AND GENERAL SERVICES
CHAPTER 2158. PURCHASING: MISCELLANEOUS PROVISIONS FOR PURCHASE
OF CERTAIN GOODS AND SERVICES
SUBCHAPTER A. PURCHASE OF PASSENGER VEHICLES
Sec. 2158.001. DEFINITIONS. In this subchapter:
(1) "Conventional gasoline" means any gasoline that does not
meet specifications set by a certification under Section 211(k)
of the federal Clean Air Act (42 U.S.C. Section 7545(k)).
(2) "Golf cart" has the meaning assigned by Section 502.001,
Transportation Code.
(3) "Light-duty motor vehicle" has the meaning assigned by
Section 386.151, Health and Safety Code.
(4) "Motor vehicle" has the meaning assigned by Section 386.151,
Health and Safety Code.
(5) "Neighborhood electric vehicle" means a motor vehicle that:
(A) is originally manufactured to meet, and does meet, the
equipment requirements and safety standards established for
"low-speed vehicles" in Federal Motor Vehicle Safety Standard 500
(49 C.F.R. Section 571.500);
(B) is a slow-moving vehicle, as defined by Section 547.001,
Transportation Code, that is able to attain a speed of more than
20 miles per hour but not more than 25 miles per hour in one mile
on a paved, level surface;
(C) is a four-wheeled motor vehicle;
(D) is powered by electricity or alternative power sources;
(E) has a gross vehicle weight rating of less than 3,000 pounds;
and
(F) is not a golf cart.
(6) "Plug-in hybrid motor vehicle" means a vehicle that:
(A) draws motive power from a battery with a capacity of at
least four kilowatt-hours;
(B) can be recharged from an external source of electricity for
motive power; and
(C) is a light-duty motor vehicle capable of operating at
highway speeds, excluding golf carts and neighborhood electric
vehicles.
Added by Acts 1997, 75th Leg., ch. 165, Sec. 17.02(a), eff. Sept.
1, 1997.
Amended by:
Acts 2005, 79th Leg., Ch.
864, Sec. 3, eff. September 1, 2005.
Acts 2009, 81st Leg., R.S., Ch.
900, Sec. 1, eff. September 1, 2009.
For expiration of this section, see Section 2151.0041.
Sec. 2158.0011. 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. 1.20, eff. September 1, 2007.
Sec. 2158.0012. 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. 1.20, eff. September 1, 2007.
Sec. 2158.0013. APPLICABILITY OF SUBCHAPTER. The purchasing
requirements relating to alternatively fueled vehicles
established by this subchapter do not apply if a state agency
demonstrates that the state agency will incur net costs in
meeting the requirements of this subchapter.
Added by Acts 2009, 81st Leg., R.S., Ch.
900, Sec. 2, eff. September 1, 2009.
Sec. 2158.002. APPLICABILITY. This subchapter does not apply to
a vehicle acquired by the Texas Transportation Institute for the
purpose of performing crash tests and related research.
Added by Acts 1997, 75th Leg., ch. 165, Sec. 17.02(a), eff. Sept.
1, 1997.
Sec. 2158.003. WHEELBASE AND HORSEPOWER RESTRICTIONS. (a) A
state agency may not purchase or lease a vehicle designed or used
primarily for the transportation of individuals, including a
station wagon, that has a wheelbase longer than 113 inches or
that has more than 160 SAE net horsepower. The vehicle may have
a wheelbase of up to 116 inches or SAE net horsepower of up to
280 if the vehicle will be converted so that it uses compressed
natural gas, liquefied natural gas, liquefied petroleum gas,
methanol or methanol/gasoline blends of 85 percent or greater,
ethanol or ethanol/gasoline blends of 85 percent or greater,
biodiesel or biodiesel/diesel blends of 20 percent or greater, or
electricity, including electricity to power a plug-in hybrid
motor vehicle. This exception to the wheelbase and horsepower
limitations applies to a state agency regardless of the size of
the agency's vehicle fleet.
(b) The wheelbase and horsepower limitations prescribed by
Subsection (a) do not apply to the purchase or lease of:
(1) a vehicle to be used primarily for criminal law enforcement;
(2) a bus, motorcycle, pickup, van, truck, three-wheel vehicle,
or tractor; or
(3) an ambulance.
Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1,
1995. Renumbered from Government Code Sec. 2158.001 and amended
by 1997, 75th Leg., ch. 165, Sec. 17.02(a).
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
900, Sec. 3, eff. September 1, 2009.
Sec. 2158.0031. PURCHASE PREFERENCE FOR AMERICAN VEHICLES. A
state agency authorized to purchase passenger vehicles or other
ground transportation vehicles for general use shall purchase
economical, fuel-efficient vehicles assembled in the United
States unless such a purchase would have a significant
detrimental effect on the use to which the vehicles will be put.
Added by Acts 1999, 76th Leg., ch. 1499, Sec. 1.20, eff. Sept. 1,
1999.
Sec. 2158.004. VEHICLES USING ALTERNATIVE FUELS. (a) A state
agency operating a fleet of more than 15 vehicles, excluding law
enforcement and emergency vehicles, may not purchase or lease a
motor vehicle unless that vehicle uses compressed natural gas,
liquefied natural gas, liquefied petroleum gas, methanol or
methanol/gasoline blends of 85 percent or greater, ethanol or
ethanol/gasoline blends of 85 percent or greater, biodiesel or
biodiesel/diesel blends of 20 percent or greater, or electricity,
including electricity to power a plug-in hybrid motor vehicle.
(b) A state agency may obtain equipment or refueling facilities
necessary to operate vehicles using compressed natural gas,
liquefied natural gas, liquefied petroleum gas, methanol or
methanol/gasoline blends of 85 percent or greater, ethanol or
ethanol/gasoline blends of 85 percent or greater, biodiesel or
biodiesel/diesel blends of 20 percent or greater, or electricity,
including electricity to power a plug-in hybrid motor vehicle:
(1) by purchase or lease as authorized by law;
(2) by gift or loan of the equipment or facilities; or
(3) by gift or loan of the equipment or facilities or by another
arrangement under a service contract for the supply of compressed
natural gas, liquefied natural gas, liquefied petroleum gas,
methanol or methanol/gasoline blends of 85 percent or greater,
ethanol or ethanol/gasoline blends of 85 percent or greater,
biodiesel or biodiesel/diesel blends of 20 percent or greater, or
electricity, including electricity to power a plug-in hybrid
motor vehicle.
(c) If the equipment or facilities are donated, loaned, or
provided through another arrangement with the supplier of
compressed natural gas, liquefied natural gas, liquefied
petroleum gas, methanol or methanol/gasoline blends of 85 percent
or greater, ethanol or ethanol/gasoline blends of 85 percent or
greater, biodiesel or biodiesel/diesel blends of 20 percent or
greater, or electricity, including electricity to power a plug-in
hybrid motor vehicle, the supplier is entitled to recoup its
actual cost of donating, loaning, or providing the equipment or
facilities through its fuel charges under the supply contract.
(d) The commission may waive the requirements of this section
for a state agency on receipt of certification supported by
evidence acceptable to the commission that:
(1) the agency's vehicles will be operating primarily in an area
in which neither the agency nor a supplier has or can reasonably
be expected to establish adequate refueling for compressed
natural gas, liquefied natural gas, liquefied petroleum gas,
methanol or methanol/gasoline blends of 85 percent or greater,
ethanol or ethanol/gasoline blends of 85 percent or greater,
biodiesel or biodiesel/diesel blends of 20 percent or greater, or
electricity, including electricity to power a plug-in hybrid
motor vehicle; or
(2) the agency is unable to obtain equipment or refueling
facilities necessary to operate vehicles using compressed natural
gas, liquefied natural gas, liquefied petroleum gas, methanol or
methanol/gasoline blends of 85 percent or greater, ethanol or
ethanol/gasoline blends of 85 percent or greater, biodiesel or
biodiesel/diesel blends of 20 percent or greater, or electricity,
including electricity to power a plug-in hybrid motor vehicle, at
a projected cost that is reasonably expected to be no greater
than the net costs of continued use of conventional gasoline or
diesel fuels, measured over the expected useful life of the
equipment or facilities supplied.
(e) Except for the purchase or lease of a motor vehicle for use
in a nonattainment area designated under Section 107(d) of the
federal Clean Air Act (42 U.S.C. Section 7407), as amended,
Subsection (a) does not apply to a purchase or lease by the
Railroad Commission of Texas.
Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1,
1995. Renumbered from Government Code Sec. 2158.002 and amended
by Acts 1997, 75th Leg., ch. 165, Sec. 17.02(a); Acts 2003, 78th
Leg., ch. 518, Sec. 1, June 20, 2003; Acts 2003, 78th Leg., ch.
1272, Sec. 3, eff. Sept. 1, 2003.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
900, Sec. 4, eff. September 1, 2009.
Sec. 2158.005. PERCENTAGE REQUIREMENTS FOR VEHICLES USING
ALTERNATIVE FUELS. (a) Not later than September 30, 2010, a
state agency that operates a fleet of more than 15 motor
vehicles, excluding law enforcement and emergency vehicles, shall
have a fleet consisting of vehicles of which at least 50 percent
use compressed natural gas, liquefied natural gas, liquefied
petroleum gas, methanol or methanol/gasoline blends of 85 percent
or greater, ethanol or ethanol/gasoline blends of 85 percent or
greater, biodiesel or biodiesel/diesel blends of 20 percent or
greater, or electricity, including electricity to power a plug-in
hybrid motor vehicle.
(b) The Texas Commission on Environmental Quality shall collect
reasonable information needed to determine the air quality
benefits from use of compressed natural gas, liquefied natural
gas, liquefied petroleum gas, methanol or methanol/gasoline
blends of 85 percent or greater, ethanol or ethanol/gasoline
blends of 85 percent or greater, biodiesel or biodiesel/diesel
blends of 20 percent or greater, or electricity, including
electricity to power a plug-in hybrid motor vehicle, at affected
agencies.
(c) A state agency in its annual financial report to the
legislature shall report its progress in achieving the percentage
requirements of this section by:
(1) itemizing purchases, leases, and conversions of motor
vehicles;
(2) itemizing usage of compressed natural gas, liquefied natural
gas, liquefied petroleum gas, methanol or methanol/gasoline
blends of 85 percent or greater, ethanol or ethanol/gasoline
blends of 85 percent or greater, biodiesel or biodiesel/diesel
blends of 20 percent or greater, or electricity, including
electricity to power a plug-in hybrid motor vehicle;
(3) describing the availability of compressed natural gas,
liquefied natural gas, liquefied petroleum gas, methanol or
methanol/gasoline blends of 85 percent or greater, ethanol or
ethanol/gasoline blends of 85 percent or greater, biodiesel or
biodiesel/diesel blends of 20 percent or greater, or electricity,
including electricity to power a plug-in hybrid motor vehicle;
and
(4) providing the information reasonably needed to determine the
air quality benefits from use of compressed natural gas,
liquefied natural gas, liquefied petroleum gas, methanol or
methanol/gasoline blends of 85 percent or greater, ethanol or
ethanol/gasoline blends of 85 percent or greater, biodiesel or
biodiesel/diesel blends of 20 percent or greater, or electricity,
including electricity to power a plug-in hybrid motor vehicle.
(d) A state agency may meet the percentage requirements of this
section through purchase of new vehicles or the conversion of
existing vehicles, in accordance with federal and state
requirements and applicable safety laws. The Texas State
Technical College System shall develop a program and provide
training to a state agency converting an existing vehicle to meet
the requirements of this section.
(e) The comptroller may reduce a percentage specified by this
section or waive the requirements of this section for a state
agency on receipt of certification supported by evidence
acceptable to the comptroller that:
(1) the agency's vehicles will be operating primarily in an area
in which neither the agency nor a supplier has or can reasonably
be expected to establish adequate refueling for compressed
natural gas, liquefied natural gas, liquefied petroleum gas,
methanol or methanol/gasoline blends of 85 percent or greater,
ethanol or ethanol/gasoline blends of 85 percent or greater,
biodiesel or biodiesel/diesel blends of 20 percent or greater, or
electricity, including electricity to power a plug-in hybrid
motor vehicle; or
(2) the agency is unable to obtain equipment or refueling
facilities necessary to operate vehicles using compressed natural
gas, liquefied natural gas, liquefied petroleum gas, methanol or
methanol/gasoline blends of 85 percent or greater, ethanol or
ethanol/gasoline blends of 85 percent or greater, biodiesel or
biodiesel/diesel blends of 20 percent or greater, or electricity,
including electricity to power a plug-in hybrid motor vehicle, at
a projected cost that is reasonably expected to be no greater
than the net costs of continued use of conventional gasoline or
diesel fuels, measured over the expected useful life of the
equipment or facilities supplied.
Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1,
1995. Renumbered from Government Code Sec. 2158.003 and amended
by Acts 1997, 75th Leg., ch. 165, Sec. 17.02(a).
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
900, Sec. 5, eff. September 1, 2009.
Sec. 2158.006. DETERMINATION OF ALTERNATIVE FUELS PROGRAM
PARAMETERS. In developing the use of compressed natural gas,
liquefied natural gas, liquefied petroleum gas, methanol or
methanol/gasoline blends of 85 percent or greater, ethanol or
ethanol/gasoline blends of 85 percent or greater, biodiesel or
biodiesel/diesel blends of 20 percent or greater, or electricity,
including electricity to power a plug-in hybrid motor vehicle,
the commission should work with state agency fleet operators,
vehicle manufacturers and converters, fuel distributors, and
others to determine the vehicles to be covered, taking into
consideration:
(1) range;
(2) specialty uses;
(3) fuel availability;
(4) vehicle manufacturing and conversion capability;
(5) safety;
(6) resale values; and
(7) other relevant factors.
Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1,
1995. Renumbered from Government Code Sec. 2158.004 and amended
by Acts 1997, 75th Leg., ch. 165, Sec. 17.02(a).
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
900, Sec. 5, eff. September 1, 2009.
Sec. 2158.007. COMPLIANCE WITH APPLICABLE SAFETY STANDARDS. In
purchasing, leasing, maintaining, or converting vehicles for use
with compressed natural gas, liquefied natural gas, liquefied
petroleum gas, methanol or methanol/gasoline blends of 85 percent
or greater, ethanol or ethanol/gasoline blends of 85 percent or
greater, biodiesel or biodiesel/diesel blends of 20 percent or
greater, or electricity, including electricity to power a plug-in
hybrid motor vehicle, the commission shall comply with all
applicable safety standards adopted by the United States
Department of Transportation and the Railroad Commission of
Texas.
Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1,
1995. Renumbered from Government Code Sec. 2158.005 and amended
by Acts 1997, 75th Leg., ch. 165, Sec. 17.02(a).
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
900, Sec. 5, eff. September 1, 2009.
Sec. 2158.008. WHEN VEHICLE CONSIDERED TO BE USING ALTERNATIVE
FUELS. In this subchapter, a vehicle is considered to be using
compressed natural gas, liquefied natural gas, liquefied
petroleum gas, methanol or methanol/gasoline blends of 85 percent
or greater, ethanol or ethanol/gasoline blends of 85 percent or
greater, biodiesel or biodiesel/diesel blends of 20 percent or
greater, or electricity, including electricity to power a plug-in
hybrid motor vehicle, if the vehicle uses those fuels:
(1) not less than 80 percent of the time the vehicle is driven;
and
(2) either in its original equipment engine or in an engine that
has been converted to use those fuels.
Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1,
1995. Renumbered from Government Code Sec. 2158.006 and amended
by Acts 1997, 75th Leg., ch. 165, Sec. 17.02(a).
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
900, Sec. 5, eff. September 1, 2009.
Sec. 2158.009. LOW-EMISSIONS VEHICLES PURCHASING REQUIREMENT.
(a) Repealed by Acts 2009, 81st Leg., R.S., Ch. 900, Sec. 7,
eff. September 1, 2009.
(b) A state agency authorized to purchase passenger vehicles or
other ground transportation vehicles for general use shall ensure
that not less than 25 percent of the vehicles the agency
purchases during any state fiscal biennium, other than vehicles
the purchase of which is exempted from this subsection by
Subsection (c) or (d), are vehicles that meet or exceed the
emissions standards necessary to be rated by the United States
Environmental Protection Agency as a Tier II, Bin 3, emissions
standard vehicle that has a greenhouse gas score of eight under
regulations of that agency as they existed September 1, 2007.
(c) A state agency is exempt from Subsection (b) to the extent
that a vehicle described by that subsection that meets the
agency's operational needs is not commercially available.
(d) Subsection (b) does not apply to a state agency's purchase
of a vehicle to be used by a peace officer, as defined by Article
2.12, Code of Criminal Procedure, whose duties include the
apprehension of persons for violation of a criminal law of this
state.
Added by Acts 2007, 80th Leg., R.S., Ch.
1221, Sec. 1, eff. September 1, 2007.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
900, Sec. 6, eff. September 1, 2009.
Acts 2009, 81st Leg., R.S., Ch.
900, Sec. 7, eff. September 1, 2009.
SUBCHAPTER B. CONTRACT FOR PRINTING LAWS
Sec. 2158.061. AWARD OF CONTRACT FOR PRINTING LAWS. (a) The
commission shall, at the beginning of each regular session of the
legislature, award a contract for printing the general and
special laws and resolutions passed by a regular or special
session of that legislature.
(b) The commission shall prepare the contract as a separate
contract from all other public printing contracts.
Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1,
1995.
Sec. 2158.062. CONTRACT FOR PRINTING LAWS: TERMS AND CONDITIONS.
(a) The commission shall include in the contract for printing
laws penalties that assure delivery of the printed laws by the
time provided in the contract.
(b) The printer shall begin delivery of completed books in a
reasonable time after printing is completed and binding is
started. The commission shall state the time limit in the
commission's call for bids.
(c) On the commission's order, the printer shall print general
and special laws in separate volumes.
Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1,
1995.
Sec. 2158.063. CONTRACT FOR PRINTING LAWS: PROOFREADING; ERRORS
AND OMISSIONS. (a) In the contract for printing laws, the
commission shall require the printer to:
(1) proofread and correct proofs before submitting them to the
state; and
(2) set out in the first volume of the general and special laws
passed by each legislature, immediately preceding the laws, a
section containing corrections of errors or omissions made in the
publication of the general and special laws of preceding
legislatures.
(b) The contract term required by Subsection (a)(2) may not
require the printer to set out an error or omission in a law
passed in a legislative session ending more than five years
before the date of the call for bids for the contract.
(c) The secretary of state shall provide the printer with the
list of errors and omissions and appropriate corrections on or
before the date provided by Section 2158.064 for furnishing the
printer a copy of the laws and resolutions passed at the first
session of each legislature.
(d) The comptroller may not issue a warrant to the printer in
payment for the printing of the laws and resolutions until the
printer, if an individual, or the vice president, secretary, or
manager if the printer is a corporation, partnership, or
association, executes a sworn affidavit verifying compliance with
Section 2158.062 and this section.
Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1,
1995.
Sec. 2158.064. CONTRACT FOR PRINTING LAWS: DIRECTION OF
SECRETARY OF STATE; DELIVERY OF COPY. (a) The secretary of
state shall direct the compilation and printing of laws and
resolutions.
(b) Not later than the 26th day, excluding Sundays, after the
date the legislature adjourns, the secretary of state shall
furnish the printer all copy for the laws and resolutions, with
delivery of the first copy to the printer beginning as bills are
signed by the governor.
(c) The secretary of state shall deliver copy for the index to
the printer not later than the fifth day after the date the
printer has furnished all page proofs of the laws to the
secretary of state.
Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1,
1995.
Sec. 2158.065. DISTRIBUTION OF PRINTED LAWS. The secretary of
state shall distribute the printed laws of each session of the
legislature as follows:
(1) one copy each to:
(A) the governor;
(B) the lieutenant governor;
(C) the speaker of the house of representatives;
(D) each court of appeals; and
(E) each county law library;
(2) 10 copies to the Texas Legislative Council;
(3) 15 copies to the Legislative Reference Library;
(4) 30 copies to the State Law Library; and
(5) 60 copies to the Texas State Library.
Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1,
1995.
SUBCHAPTER C. OTHER CONTRACTS FOR PRINTING SERVICES
Sec. 2158.121. PROHIBITION APPLICABLE TO OTHER PRINTING
CONTRACTS; OFFENSE; PENALTY. (a) Except as otherwise provided
by a contract or agreement with the state authorized by this
subchapter, a person doing printing under contract for the state
commits an offense if the person reproduces, prints, prepares,
sells, or furnishes the printing or printed matter, a reprint,
reproduction, or copy of the printing or printed matter, or a
plate, type, mat, cut, or engraving from which the printing
contract was executed, in an amount other than that agreed to be
printed and furnished to the state under the contract.
(b) An offense under this section is a misdemeanor punishable
by:
(1) a fine of not less than $100 or more than $1,000; and
(2) confinement in jail for not more than 30 days if the
offender is an individual.
(c) Conviction of an agent or employee under this section does
not bar conviction of a principal.
(d) This subchapter does not apply to the printing and sale to
the public of copies of the general and special laws by the
printer of the laws under a contract authorized by Subchapter B.
Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1,
1995.
Sec. 2158.122. EXCEPTION TO PROHIBITION. (a) On consent of the
commission and the governor, a person may print extra copies of
matter printed under a state contract and sell the copies at a
price fixed by the commission if in the opinion of the commission
and the governor the printed matter should be distributed in this
manner for the benefit of the public.
(b) A contract for the printing and sale of extra copies under
this section must be approved by the attorney general.
Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1,
1995.
Sec. 2158.123. STATE PRINTING CONTRACTS. In this chapter and
Chapters 2155, 2156, and 2157, printing is considered to be
performed for the state if the printing is done under contract
for:
(1) the legislature, including either house of the legislature;
(2) a state department, board, or commission;
(3) a court;
(4) an officer or agent of the state; or
(5) the state.
Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1,
1995.
SUBCHAPTER D. PURCHASE OF ELECTRICAL ITEMS
Sec. 2158.181. SAFETY STANDARDS FOR ELECTRICAL ITEMS. The
commission or another state agency may not purchase an electrical
item unless the item meets applicable safety standards of the
federal Occupational Safety and Health Administration.
Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1,
1995.
SUBCHAPTER E. RECYCLED PRODUCTS
Sec. 2158.241. INTERSTATE COMPACTS AND COOPERATIVE AGREEMENTS
FOR PROCURING RECYCLED PRODUCTS. The commission may enter into
compacts and cooperative agreements with other states and
government entities for procuring products made of recycled
materials when the commission determines it is in the best
interest of the state.
Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1,
1995. Amended by Acts 1999, 76th Leg., ch. 426, Sec. 15, eff.
June 18, 1999.
SUBCHAPTER F. ENERGY AND EFFICIENCY STANDARDS
FOR EQUIPMENT AND APPLIANCES
Subchapter F, consisting of Secs. 2158.301, was added by Acts
2007, 80th Leg., R.S., Ch.
262, Sec. 3.05.
For another Subchapter F, consisting of Secs. 2158.301, added by
Acts 2007, 80th Leg., R.S., Ch.
939, Sec. 5, see Sec. 2158.301 et seq., post.
Sec. 2158.301. ENERGY CONSERVATION. If available and cost
effective, the commission or another state agency shall purchase
equipment and appliances for state use that meet or exceed the
federal Energy Star standards designated by the United States
Environmental Protection Agency and the United States Department
of Energy.
Added by Acts 2007, 80th Leg., R.S., Ch.
262, Sec. 3.05, eff. June 8, 2007.
SUBCHAPTER F. ENERGY AND EFFICIENCY STANDARDS FOR EQUIPMENT AND
APPLIANCES
Subchapter F, consisting of Secs. 2158.301, was added by Acts
2007, 80th Leg., R.S., Ch.
939, Sec. 5.
For another Subchapter F, consisting of Secs. 2158.301, added by
Acts 2007, 80th Leg., R.S., Ch.
262, Sec. 3.05, see Sec. 2158.301 et seq., post.
Sec. 2158.301. ENERGY CONSERVATION. If available and
cost-effective, a state agency shall purchase equipment and
appliances for state use that meet or exceed:
(1) the federal energy conservation standards under Section 325,
Energy Policy and Conservation Act (42 U.S.C. Section 6295), or a
federal regulation adopted under that Act; or
(2) the federal Energy Star standards designated by the United
States Environmental Protection Agency and the United States
Department of Energy.
Added by Acts 2007, 80th Leg., R.S., Ch.
939, Sec. 5, eff. September 1, 2007.
SUBCHAPTER H. PURCHASE OF PHARMACY BENEFIT MANAGER SERVICES
Sec. 2158.401. DEFINITION; APPLICABILITY. (a) In this
subchapter, "state agency" means a board, commission, department,
office, or other agency in the executive, legislative, or
judicial branch of state government that is created by the
constitution or a statute of this state, including an institution
of higher education as defined by Section 61.003, Education Code.
(b) This subchapter applies in relation to a state agency
contract or proposed contract for pharmacy benefit manager
services without regard to whether the contract or proposed
contract is otherwise subject to this subtitle.
Added by Acts 2009, 81st Leg., R.S., Ch.
1207, Sec. 1, eff. September 1, 2009.
Sec. 2158.402. REQUIRED DISCLOSURE. (a) A state agency on
request of another state agency shall disclose information
relating to the amounts charged by a pharmacy benefit manager for
pharmacy benefit manager services provided under a prescription
drug program and other requested pricing information related to a
contract for pharmacy benefit manager services. A state agency
shall provide information requested under this section not later
than the 30th day after the date the information is requested.
(b) Subsection (a) does not require a state agency to disclose
information the agency is specifically prohibited from disclosing
under a contract with a pharmacy benefit manager executed before
September 1, 2009.
(c) A contract entered, amended, or extended on or after
September 1, 2009, may not contain a provision that prohibits a
state agency from disclosing under this subchapter information on
the amounts charged by a pharmacy benefit manager for pharmacy
benefit manager services provided under a prescription drug
program or from disclosing under this subchapter other pricing
information related to the contract.
Added by Acts 2009, 81st Leg., R.S., Ch.
1207, Sec. 1, eff. September 1, 2009.
Sec. 2158.403. CONFIDENTIALITY. The information received by a
state agency under this subchapter may not be disclosed to a
person outside of the state agency or its agents.
Added by Acts 2009, 81st Leg., R.S., Ch.
1207, Sec. 1, eff. September 1, 2009.
State Codes and Statutes
Statutes > Texas > Government-code > Title-10-general-government > Chapter-2158-purchasing-miscellaneous-provisions-for-purchase-of-certain-goods-and-services
GOVERNMENT CODE
TITLE 10. GENERAL GOVERNMENT
SUBTITLE D. STATE PURCHASING AND GENERAL SERVICES
CHAPTER 2158. PURCHASING: MISCELLANEOUS PROVISIONS FOR PURCHASE
OF CERTAIN GOODS AND SERVICES
SUBCHAPTER A. PURCHASE OF PASSENGER VEHICLES
Sec. 2158.001. DEFINITIONS. In this subchapter:
(1) "Conventional gasoline" means any gasoline that does not
meet specifications set by a certification under Section 211(k)
of the federal Clean Air Act (42 U.S.C. Section 7545(k)).
(2) "Golf cart" has the meaning assigned by Section 502.001,
Transportation Code.
(3) "Light-duty motor vehicle" has the meaning assigned by
Section 386.151, Health and Safety Code.
(4) "Motor vehicle" has the meaning assigned by Section 386.151,
Health and Safety Code.
(5) "Neighborhood electric vehicle" means a motor vehicle that:
(A) is originally manufactured to meet, and does meet, the
equipment requirements and safety standards established for
"low-speed vehicles" in Federal Motor Vehicle Safety Standard 500
(49 C.F.R. Section 571.500);
(B) is a slow-moving vehicle, as defined by Section 547.001,
Transportation Code, that is able to attain a speed of more than
20 miles per hour but not more than 25 miles per hour in one mile
on a paved, level surface;
(C) is a four-wheeled motor vehicle;
(D) is powered by electricity or alternative power sources;
(E) has a gross vehicle weight rating of less than 3,000 pounds;
and
(F) is not a golf cart.
(6) "Plug-in hybrid motor vehicle" means a vehicle that:
(A) draws motive power from a battery with a capacity of at
least four kilowatt-hours;
(B) can be recharged from an external source of electricity for
motive power; and
(C) is a light-duty motor vehicle capable of operating at
highway speeds, excluding golf carts and neighborhood electric
vehicles.
Added by Acts 1997, 75th Leg., ch. 165, Sec. 17.02(a), eff. Sept.
1, 1997.
Amended by:
Acts 2005, 79th Leg., Ch.
864, Sec. 3, eff. September 1, 2005.
Acts 2009, 81st Leg., R.S., Ch.
900, Sec. 1, eff. September 1, 2009.
For expiration of this section, see Section 2151.0041.
Sec. 2158.0011. 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. 1.20, eff. September 1, 2007.
Sec. 2158.0012. 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. 1.20, eff. September 1, 2007.
Sec. 2158.0013. APPLICABILITY OF SUBCHAPTER. The purchasing
requirements relating to alternatively fueled vehicles
established by this subchapter do not apply if a state agency
demonstrates that the state agency will incur net costs in
meeting the requirements of this subchapter.
Added by Acts 2009, 81st Leg., R.S., Ch.
900, Sec. 2, eff. September 1, 2009.
Sec. 2158.002. APPLICABILITY. This subchapter does not apply to
a vehicle acquired by the Texas Transportation Institute for the
purpose of performing crash tests and related research.
Added by Acts 1997, 75th Leg., ch. 165, Sec. 17.02(a), eff. Sept.
1, 1997.
Sec. 2158.003. WHEELBASE AND HORSEPOWER RESTRICTIONS. (a) A
state agency may not purchase or lease a vehicle designed or used
primarily for the transportation of individuals, including a
station wagon, that has a wheelbase longer than 113 inches or
that has more than 160 SAE net horsepower. The vehicle may have
a wheelbase of up to 116 inches or SAE net horsepower of up to
280 if the vehicle will be converted so that it uses compressed
natural gas, liquefied natural gas, liquefied petroleum gas,
methanol or methanol/gasoline blends of 85 percent or greater,
ethanol or ethanol/gasoline blends of 85 percent or greater,
biodiesel or biodiesel/diesel blends of 20 percent or greater, or
electricity, including electricity to power a plug-in hybrid
motor vehicle. This exception to the wheelbase and horsepower
limitations applies to a state agency regardless of the size of
the agency's vehicle fleet.
(b) The wheelbase and horsepower limitations prescribed by
Subsection (a) do not apply to the purchase or lease of:
(1) a vehicle to be used primarily for criminal law enforcement;
(2) a bus, motorcycle, pickup, van, truck, three-wheel vehicle,
or tractor; or
(3) an ambulance.
Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1,
1995. Renumbered from Government Code Sec. 2158.001 and amended
by 1997, 75th Leg., ch. 165, Sec. 17.02(a).
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
900, Sec. 3, eff. September 1, 2009.
Sec. 2158.0031. PURCHASE PREFERENCE FOR AMERICAN VEHICLES. A
state agency authorized to purchase passenger vehicles or other
ground transportation vehicles for general use shall purchase
economical, fuel-efficient vehicles assembled in the United
States unless such a purchase would have a significant
detrimental effect on the use to which the vehicles will be put.
Added by Acts 1999, 76th Leg., ch. 1499, Sec. 1.20, eff. Sept. 1,
1999.
Sec. 2158.004. VEHICLES USING ALTERNATIVE FUELS. (a) A state
agency operating a fleet of more than 15 vehicles, excluding law
enforcement and emergency vehicles, may not purchase or lease a
motor vehicle unless that vehicle uses compressed natural gas,
liquefied natural gas, liquefied petroleum gas, methanol or
methanol/gasoline blends of 85 percent or greater, ethanol or
ethanol/gasoline blends of 85 percent or greater, biodiesel or
biodiesel/diesel blends of 20 percent or greater, or electricity,
including electricity to power a plug-in hybrid motor vehicle.
(b) A state agency may obtain equipment or refueling facilities
necessary to operate vehicles using compressed natural gas,
liquefied natural gas, liquefied petroleum gas, methanol or
methanol/gasoline blends of 85 percent or greater, ethanol or
ethanol/gasoline blends of 85 percent or greater, biodiesel or
biodiesel/diesel blends of 20 percent or greater, or electricity,
including electricity to power a plug-in hybrid motor vehicle:
(1) by purchase or lease as authorized by law;
(2) by gift or loan of the equipment or facilities; or
(3) by gift or loan of the equipment or facilities or by another
arrangement under a service contract for the supply of compressed
natural gas, liquefied natural gas, liquefied petroleum gas,
methanol or methanol/gasoline blends of 85 percent or greater,
ethanol or ethanol/gasoline blends of 85 percent or greater,
biodiesel or biodiesel/diesel blends of 20 percent or greater, or
electricity, including electricity to power a plug-in hybrid
motor vehicle.
(c) If the equipment or facilities are donated, loaned, or
provided through another arrangement with the supplier of
compressed natural gas, liquefied natural gas, liquefied
petroleum gas, methanol or methanol/gasoline blends of 85 percent
or greater, ethanol or ethanol/gasoline blends of 85 percent or
greater, biodiesel or biodiesel/diesel blends of 20 percent or
greater, or electricity, including electricity to power a plug-in
hybrid motor vehicle, the supplier is entitled to recoup its
actual cost of donating, loaning, or providing the equipment or
facilities through its fuel charges under the supply contract.
(d) The commission may waive the requirements of this section
for a state agency on receipt of certification supported by
evidence acceptable to the commission that:
(1) the agency's vehicles will be operating primarily in an area
in which neither the agency nor a supplier has or can reasonably
be expected to establish adequate refueling for compressed
natural gas, liquefied natural gas, liquefied petroleum gas,
methanol or methanol/gasoline blends of 85 percent or greater,
ethanol or ethanol/gasoline blends of 85 percent or greater,
biodiesel or biodiesel/diesel blends of 20 percent or greater, or
electricity, including electricity to power a plug-in hybrid
motor vehicle; or
(2) the agency is unable to obtain equipment or refueling
facilities necessary to operate vehicles using compressed natural
gas, liquefied natural gas, liquefied petroleum gas, methanol or
methanol/gasoline blends of 85 percent or greater, ethanol or
ethanol/gasoline blends of 85 percent or greater, biodiesel or
biodiesel/diesel blends of 20 percent or greater, or electricity,
including electricity to power a plug-in hybrid motor vehicle, at
a projected cost that is reasonably expected to be no greater
than the net costs of continued use of conventional gasoline or
diesel fuels, measured over the expected useful life of the
equipment or facilities supplied.
(e) Except for the purchase or lease of a motor vehicle for use
in a nonattainment area designated under Section 107(d) of the
federal Clean Air Act (42 U.S.C. Section 7407), as amended,
Subsection (a) does not apply to a purchase or lease by the
Railroad Commission of Texas.
Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1,
1995. Renumbered from Government Code Sec. 2158.002 and amended
by Acts 1997, 75th Leg., ch. 165, Sec. 17.02(a); Acts 2003, 78th
Leg., ch. 518, Sec. 1, June 20, 2003; Acts 2003, 78th Leg., ch.
1272, Sec. 3, eff. Sept. 1, 2003.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
900, Sec. 4, eff. September 1, 2009.
Sec. 2158.005. PERCENTAGE REQUIREMENTS FOR VEHICLES USING
ALTERNATIVE FUELS. (a) Not later than September 30, 2010, a
state agency that operates a fleet of more than 15 motor
vehicles, excluding law enforcement and emergency vehicles, shall
have a fleet consisting of vehicles of which at least 50 percent
use compressed natural gas, liquefied natural gas, liquefied
petroleum gas, methanol or methanol/gasoline blends of 85 percent
or greater, ethanol or ethanol/gasoline blends of 85 percent or
greater, biodiesel or biodiesel/diesel blends of 20 percent or
greater, or electricity, including electricity to power a plug-in
hybrid motor vehicle.
(b) The Texas Commission on Environmental Quality shall collect
reasonable information needed to determine the air quality
benefits from use of compressed natural gas, liquefied natural
gas, liquefied petroleum gas, methanol or methanol/gasoline
blends of 85 percent or greater, ethanol or ethanol/gasoline
blends of 85 percent or greater, biodiesel or biodiesel/diesel
blends of 20 percent or greater, or electricity, including
electricity to power a plug-in hybrid motor vehicle, at affected
agencies.
(c) A state agency in its annual financial report to the
legislature shall report its progress in achieving the percentage
requirements of this section by:
(1) itemizing purchases, leases, and conversions of motor
vehicles;
(2) itemizing usage of compressed natural gas, liquefied natural
gas, liquefied petroleum gas, methanol or methanol/gasoline
blends of 85 percent or greater, ethanol or ethanol/gasoline
blends of 85 percent or greater, biodiesel or biodiesel/diesel
blends of 20 percent or greater, or electricity, including
electricity to power a plug-in hybrid motor vehicle;
(3) describing the availability of compressed natural gas,
liquefied natural gas, liquefied petroleum gas, methanol or
methanol/gasoline blends of 85 percent or greater, ethanol or
ethanol/gasoline blends of 85 percent or greater, biodiesel or
biodiesel/diesel blends of 20 percent or greater, or electricity,
including electricity to power a plug-in hybrid motor vehicle;
and
(4) providing the information reasonably needed to determine the
air quality benefits from use of compressed natural gas,
liquefied natural gas, liquefied petroleum gas, methanol or
methanol/gasoline blends of 85 percent or greater, ethanol or
ethanol/gasoline blends of 85 percent or greater, biodiesel or
biodiesel/diesel blends of 20 percent or greater, or electricity,
including electricity to power a plug-in hybrid motor vehicle.
(d) A state agency may meet the percentage requirements of this
section through purchase of new vehicles or the conversion of
existing vehicles, in accordance with federal and state
requirements and applicable safety laws. The Texas State
Technical College System shall develop a program and provide
training to a state agency converting an existing vehicle to meet
the requirements of this section.
(e) The comptroller may reduce a percentage specified by this
section or waive the requirements of this section for a state
agency on receipt of certification supported by evidence
acceptable to the comptroller that:
(1) the agency's vehicles will be operating primarily in an area
in which neither the agency nor a supplier has or can reasonably
be expected to establish adequate refueling for compressed
natural gas, liquefied natural gas, liquefied petroleum gas,
methanol or methanol/gasoline blends of 85 percent or greater,
ethanol or ethanol/gasoline blends of 85 percent or greater,
biodiesel or biodiesel/diesel blends of 20 percent or greater, or
electricity, including electricity to power a plug-in hybrid
motor vehicle; or
(2) the agency is unable to obtain equipment or refueling
facilities necessary to operate vehicles using compressed natural
gas, liquefied natural gas, liquefied petroleum gas, methanol or
methanol/gasoline blends of 85 percent or greater, ethanol or
ethanol/gasoline blends of 85 percent or greater, biodiesel or
biodiesel/diesel blends of 20 percent or greater, or electricity,
including electricity to power a plug-in hybrid motor vehicle, at
a projected cost that is reasonably expected to be no greater
than the net costs of continued use of conventional gasoline or
diesel fuels, measured over the expected useful life of the
equipment or facilities supplied.
Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1,
1995. Renumbered from Government Code Sec. 2158.003 and amended
by Acts 1997, 75th Leg., ch. 165, Sec. 17.02(a).
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
900, Sec. 5, eff. September 1, 2009.
Sec. 2158.006. DETERMINATION OF ALTERNATIVE FUELS PROGRAM
PARAMETERS. In developing the use of compressed natural gas,
liquefied natural gas, liquefied petroleum gas, methanol or
methanol/gasoline blends of 85 percent or greater, ethanol or
ethanol/gasoline blends of 85 percent or greater, biodiesel or
biodiesel/diesel blends of 20 percent or greater, or electricity,
including electricity to power a plug-in hybrid motor vehicle,
the commission should work with state agency fleet operators,
vehicle manufacturers and converters, fuel distributors, and
others to determine the vehicles to be covered, taking into
consideration:
(1) range;
(2) specialty uses;
(3) fuel availability;
(4) vehicle manufacturing and conversion capability;
(5) safety;
(6) resale values; and
(7) other relevant factors.
Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1,
1995. Renumbered from Government Code Sec. 2158.004 and amended
by Acts 1997, 75th Leg., ch. 165, Sec. 17.02(a).
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
900, Sec. 5, eff. September 1, 2009.
Sec. 2158.007. COMPLIANCE WITH APPLICABLE SAFETY STANDARDS. In
purchasing, leasing, maintaining, or converting vehicles for use
with compressed natural gas, liquefied natural gas, liquefied
petroleum gas, methanol or methanol/gasoline blends of 85 percent
or greater, ethanol or ethanol/gasoline blends of 85 percent or
greater, biodiesel or biodiesel/diesel blends of 20 percent or
greater, or electricity, including electricity to power a plug-in
hybrid motor vehicle, the commission shall comply with all
applicable safety standards adopted by the United States
Department of Transportation and the Railroad Commission of
Texas.
Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1,
1995. Renumbered from Government Code Sec. 2158.005 and amended
by Acts 1997, 75th Leg., ch. 165, Sec. 17.02(a).
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
900, Sec. 5, eff. September 1, 2009.
Sec. 2158.008. WHEN VEHICLE CONSIDERED TO BE USING ALTERNATIVE
FUELS. In this subchapter, a vehicle is considered to be using
compressed natural gas, liquefied natural gas, liquefied
petroleum gas, methanol or methanol/gasoline blends of 85 percent
or greater, ethanol or ethanol/gasoline blends of 85 percent or
greater, biodiesel or biodiesel/diesel blends of 20 percent or
greater, or electricity, including electricity to power a plug-in
hybrid motor vehicle, if the vehicle uses those fuels:
(1) not less than 80 percent of the time the vehicle is driven;
and
(2) either in its original equipment engine or in an engine that
has been converted to use those fuels.
Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1,
1995. Renumbered from Government Code Sec. 2158.006 and amended
by Acts 1997, 75th Leg., ch. 165, Sec. 17.02(a).
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
900, Sec. 5, eff. September 1, 2009.
Sec. 2158.009. LOW-EMISSIONS VEHICLES PURCHASING REQUIREMENT.
(a) Repealed by Acts 2009, 81st Leg., R.S., Ch. 900, Sec. 7,
eff. September 1, 2009.
(b) A state agency authorized to purchase passenger vehicles or
other ground transportation vehicles for general use shall ensure
that not less than 25 percent of the vehicles the agency
purchases during any state fiscal biennium, other than vehicles
the purchase of which is exempted from this subsection by
Subsection (c) or (d), are vehicles that meet or exceed the
emissions standards necessary to be rated by the United States
Environmental Protection Agency as a Tier II, Bin 3, emissions
standard vehicle that has a greenhouse gas score of eight under
regulations of that agency as they existed September 1, 2007.
(c) A state agency is exempt from Subsection (b) to the extent
that a vehicle described by that subsection that meets the
agency's operational needs is not commercially available.
(d) Subsection (b) does not apply to a state agency's purchase
of a vehicle to be used by a peace officer, as defined by Article
2.12, Code of Criminal Procedure, whose duties include the
apprehension of persons for violation of a criminal law of this
state.
Added by Acts 2007, 80th Leg., R.S., Ch.
1221, Sec. 1, eff. September 1, 2007.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
900, Sec. 6, eff. September 1, 2009.
Acts 2009, 81st Leg., R.S., Ch.
900, Sec. 7, eff. September 1, 2009.
SUBCHAPTER B. CONTRACT FOR PRINTING LAWS
Sec. 2158.061. AWARD OF CONTRACT FOR PRINTING LAWS. (a) The
commission shall, at the beginning of each regular session of the
legislature, award a contract for printing the general and
special laws and resolutions passed by a regular or special
session of that legislature.
(b) The commission shall prepare the contract as a separate
contract from all other public printing contracts.
Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1,
1995.
Sec. 2158.062. CONTRACT FOR PRINTING LAWS: TERMS AND CONDITIONS.
(a) The commission shall include in the contract for printing
laws penalties that assure delivery of the printed laws by the
time provided in the contract.
(b) The printer shall begin delivery of completed books in a
reasonable time after printing is completed and binding is
started. The commission shall state the time limit in the
commission's call for bids.
(c) On the commission's order, the printer shall print general
and special laws in separate volumes.
Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1,
1995.
Sec. 2158.063. CONTRACT FOR PRINTING LAWS: PROOFREADING; ERRORS
AND OMISSIONS. (a) In the contract for printing laws, the
commission shall require the printer to:
(1) proofread and correct proofs before submitting them to the
state; and
(2) set out in the first volume of the general and special laws
passed by each legislature, immediately preceding the laws, a
section containing corrections of errors or omissions made in the
publication of the general and special laws of preceding
legislatures.
(b) The contract term required by Subsection (a)(2) may not
require the printer to set out an error or omission in a law
passed in a legislative session ending more than five years
before the date of the call for bids for the contract.
(c) The secretary of state shall provide the printer with the
list of errors and omissions and appropriate corrections on or
before the date provided by Section 2158.064 for furnishing the
printer a copy of the laws and resolutions passed at the first
session of each legislature.
(d) The comptroller may not issue a warrant to the printer in
payment for the printing of the laws and resolutions until the
printer, if an individual, or the vice president, secretary, or
manager if the printer is a corporation, partnership, or
association, executes a sworn affidavit verifying compliance with
Section 2158.062 and this section.
Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1,
1995.
Sec. 2158.064. CONTRACT FOR PRINTING LAWS: DIRECTION OF
SECRETARY OF STATE; DELIVERY OF COPY. (a) The secretary of
state shall direct the compilation and printing of laws and
resolutions.
(b) Not later than the 26th day, excluding Sundays, after the
date the legislature adjourns, the secretary of state shall
furnish the printer all copy for the laws and resolutions, with
delivery of the first copy to the printer beginning as bills are
signed by the governor.
(c) The secretary of state shall deliver copy for the index to
the printer not later than the fifth day after the date the
printer has furnished all page proofs of the laws to the
secretary of state.
Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1,
1995.
Sec. 2158.065. DISTRIBUTION OF PRINTED LAWS. The secretary of
state shall distribute the printed laws of each session of the
legislature as follows:
(1) one copy each to:
(A) the governor;
(B) the lieutenant governor;
(C) the speaker of the house of representatives;
(D) each court of appeals; and
(E) each county law library;
(2) 10 copies to the Texas Legislative Council;
(3) 15 copies to the Legislative Reference Library;
(4) 30 copies to the State Law Library; and
(5) 60 copies to the Texas State Library.
Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1,
1995.
SUBCHAPTER C. OTHER CONTRACTS FOR PRINTING SERVICES
Sec. 2158.121. PROHIBITION APPLICABLE TO OTHER PRINTING
CONTRACTS; OFFENSE; PENALTY. (a) Except as otherwise provided
by a contract or agreement with the state authorized by this
subchapter, a person doing printing under contract for the state
commits an offense if the person reproduces, prints, prepares,
sells, or furnishes the printing or printed matter, a reprint,
reproduction, or copy of the printing or printed matter, or a
plate, type, mat, cut, or engraving from which the printing
contract was executed, in an amount other than that agreed to be
printed and furnished to the state under the contract.
(b) An offense under this section is a misdemeanor punishable
by:
(1) a fine of not less than $100 or more than $1,000; and
(2) confinement in jail for not more than 30 days if the
offender is an individual.
(c) Conviction of an agent or employee under this section does
not bar conviction of a principal.
(d) This subchapter does not apply to the printing and sale to
the public of copies of the general and special laws by the
printer of the laws under a contract authorized by Subchapter B.
Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1,
1995.
Sec. 2158.122. EXCEPTION TO PROHIBITION. (a) On consent of the
commission and the governor, a person may print extra copies of
matter printed under a state contract and sell the copies at a
price fixed by the commission if in the opinion of the commission
and the governor the printed matter should be distributed in this
manner for the benefit of the public.
(b) A contract for the printing and sale of extra copies under
this section must be approved by the attorney general.
Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1,
1995.
Sec. 2158.123. STATE PRINTING CONTRACTS. In this chapter and
Chapters 2155, 2156, and 2157, printing is considered to be
performed for the state if the printing is done under contract
for:
(1) the legislature, including either house of the legislature;
(2) a state department, board, or commission;
(3) a court;
(4) an officer or agent of the state; or
(5) the state.
Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1,
1995.
SUBCHAPTER D. PURCHASE OF ELECTRICAL ITEMS
Sec. 2158.181. SAFETY STANDARDS FOR ELECTRICAL ITEMS. The
commission or another state agency may not purchase an electrical
item unless the item meets applicable safety standards of the
federal Occupational Safety and Health Administration.
Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1,
1995.
SUBCHAPTER E. RECYCLED PRODUCTS
Sec. 2158.241. INTERSTATE COMPACTS AND COOPERATIVE AGREEMENTS
FOR PROCURING RECYCLED PRODUCTS. The commission may enter into
compacts and cooperative agreements with other states and
government entities for procuring products made of recycled
materials when the commission determines it is in the best
interest of the state.
Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1,
1995. Amended by Acts 1999, 76th Leg., ch. 426, Sec. 15, eff.
June 18, 1999.
SUBCHAPTER F. ENERGY AND EFFICIENCY STANDARDS
FOR EQUIPMENT AND APPLIANCES
Subchapter F, consisting of Secs. 2158.301, was added by Acts
2007, 80th Leg., R.S., Ch.
262, Sec. 3.05.
For another Subchapter F, consisting of Secs. 2158.301, added by
Acts 2007, 80th Leg., R.S., Ch.
939, Sec. 5, see Sec. 2158.301 et seq., post.
Sec. 2158.301. ENERGY CONSERVATION. If available and cost
effective, the commission or another state agency shall purchase
equipment and appliances for state use that meet or exceed the
federal Energy Star standards designated by the United States
Environmental Protection Agency and the United States Department
of Energy.
Added by Acts 2007, 80th Leg., R.S., Ch.
262, Sec. 3.05, eff. June 8, 2007.
SUBCHAPTER F. ENERGY AND EFFICIENCY STANDARDS FOR EQUIPMENT AND
APPLIANCES
Subchapter F, consisting of Secs. 2158.301, was added by Acts
2007, 80th Leg., R.S., Ch.
939, Sec. 5.
For another Subchapter F, consisting of Secs. 2158.301, added by
Acts 2007, 80th Leg., R.S., Ch.
262, Sec. 3.05, see Sec. 2158.301 et seq., post.
Sec. 2158.301. ENERGY CONSERVATION. If available and
cost-effective, a state agency shall purchase equipment and
appliances for state use that meet or exceed:
(1) the federal energy conservation standards under Section 325,
Energy Policy and Conservation Act (42 U.S.C. Section 6295), or a
federal regulation adopted under that Act; or
(2) the federal Energy Star standards designated by the United
States Environmental Protection Agency and the United States
Department of Energy.
Added by Acts 2007, 80th Leg., R.S., Ch.
939, Sec. 5, eff. September 1, 2007.
SUBCHAPTER H. PURCHASE OF PHARMACY BENEFIT MANAGER SERVICES
Sec. 2158.401. DEFINITION; APPLICABILITY. (a) In this
subchapter, "state agency" means a board, commission, department,
office, or other agency in the executive, legislative, or
judicial branch of state government that is created by the
constitution or a statute of this state, including an institution
of higher education as defined by Section 61.003, Education Code.
(b) This subchapter applies in relation to a state agency
contract or proposed contract for pharmacy benefit manager
services without regard to whether the contract or proposed
contract is otherwise subject to this subtitle.
Added by Acts 2009, 81st Leg., R.S., Ch.
1207, Sec. 1, eff. September 1, 2009.
Sec. 2158.402. REQUIRED DISCLOSURE. (a) A state agency on
request of another state agency shall disclose information
relating to the amounts charged by a pharmacy benefit manager for
pharmacy benefit manager services provided under a prescription
drug program and other requested pricing information related to a
contract for pharmacy benefit manager services. A state agency
shall provide information requested under this section not later
than the 30th day after the date the information is requested.
(b) Subsection (a) does not require a state agency to disclose
information the agency is specifically prohibited from disclosing
under a contract with a pharmacy benefit manager executed before
September 1, 2009.
(c) A contract entered, amended, or extended on or after
September 1, 2009, may not contain a provision that prohibits a
state agency from disclosing under this subchapter information on
the amounts charged by a pharmacy benefit manager for pharmacy
benefit manager services provided under a prescription drug
program or from disclosing under this subchapter other pricing
information related to the contract.
Added by Acts 2009, 81st Leg., R.S., Ch.
1207, Sec. 1, eff. September 1, 2009.
Sec. 2158.403. CONFIDENTIALITY. The information received by a
state agency under this subchapter may not be disclosed to a
person outside of the state agency or its agents.
Added by Acts 2009, 81st Leg., R.S., Ch.
1207, Sec. 1, eff. September 1, 2009.
State Codes and Statutes
Statutes >
Texas >
Government-code >
Title-10-general-government >
Chapter-2158-purchasing-miscellaneous-provisions-for-purchase-of-certain-goods-and-services GOVERNMENT CODE
TITLE 10. GENERAL GOVERNMENT
SUBTITLE D. STATE PURCHASING AND GENERAL SERVICES
CHAPTER 2158. PURCHASING: MISCELLANEOUS PROVISIONS FOR PURCHASE
OF CERTAIN GOODS AND SERVICES
SUBCHAPTER A. PURCHASE OF PASSENGER VEHICLES
Sec. 2158.001. DEFINITIONS. In this subchapter:
(1) "Conventional gasoline" means any gasoline that does not
meet specifications set by a certification under Section 211(k)
of the federal Clean Air Act (42 U.S.C. Section 7545(k)).
(2) "Golf cart" has the meaning assigned by Section 502.001,
Transportation Code.
(3) "Light-duty motor vehicle" has the meaning assigned by
Section 386.151, Health and Safety Code.
(4) "Motor vehicle" has the meaning assigned by Section 386.151,
Health and Safety Code.
(5) "Neighborhood electric vehicle" means a motor vehicle that:
(A) is originally manufactured to meet, and does meet, the
equipment requirements and safety standards established for
"low-speed vehicles" in Federal Motor Vehicle Safety Standard 500
(49 C.F.R. Section 571.500);
(B) is a slow-moving vehicle, as defined by Section 547.001,
Transportation Code, that is able to attain a speed of more than
20 miles per hour but not more than 25 miles per hour in one mile
on a paved, level surface;
(C) is a four-wheeled motor vehicle;
(D) is powered by electricity or alternative power sources;
(E) has a gross vehicle weight rating of less than 3,000 pounds;
and
(F) is not a golf cart.
(6) "Plug-in hybrid motor vehicle" means a vehicle that:
(A) draws motive power from a battery with a capacity of at
least four kilowatt-hours;
(B) can be recharged from an external source of electricity for
motive power; and
(C) is a light-duty motor vehicle capable of operating at
highway speeds, excluding golf carts and neighborhood electric
vehicles.
Added by Acts 1997, 75th Leg., ch. 165, Sec. 17.02(a), eff. Sept.
1, 1997.
Amended by:
Acts 2005, 79th Leg., Ch.
864, Sec. 3, eff. September 1, 2005.
Acts 2009, 81st Leg., R.S., Ch.
900, Sec. 1, eff. September 1, 2009.
For expiration of this section, see Section 2151.0041.
Sec. 2158.0011. 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. 1.20, eff. September 1, 2007.
Sec. 2158.0012. 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. 1.20, eff. September 1, 2007.
Sec. 2158.0013. APPLICABILITY OF SUBCHAPTER. The purchasing
requirements relating to alternatively fueled vehicles
established by this subchapter do not apply if a state agency
demonstrates that the state agency will incur net costs in
meeting the requirements of this subchapter.
Added by Acts 2009, 81st Leg., R.S., Ch.
900, Sec. 2, eff. September 1, 2009.
Sec. 2158.002. APPLICABILITY. This subchapter does not apply to
a vehicle acquired by the Texas Transportation Institute for the
purpose of performing crash tests and related research.
Added by Acts 1997, 75th Leg., ch. 165, Sec. 17.02(a), eff. Sept.
1, 1997.
Sec. 2158.003. WHEELBASE AND HORSEPOWER RESTRICTIONS. (a) A
state agency may not purchase or lease a vehicle designed or used
primarily for the transportation of individuals, including a
station wagon, that has a wheelbase longer than 113 inches or
that has more than 160 SAE net horsepower. The vehicle may have
a wheelbase of up to 116 inches or SAE net horsepower of up to
280 if the vehicle will be converted so that it uses compressed
natural gas, liquefied natural gas, liquefied petroleum gas,
methanol or methanol/gasoline blends of 85 percent or greater,
ethanol or ethanol/gasoline blends of 85 percent or greater,
biodiesel or biodiesel/diesel blends of 20 percent or greater, or
electricity, including electricity to power a plug-in hybrid
motor vehicle. This exception to the wheelbase and horsepower
limitations applies to a state agency regardless of the size of
the agency's vehicle fleet.
(b) The wheelbase and horsepower limitations prescribed by
Subsection (a) do not apply to the purchase or lease of:
(1) a vehicle to be used primarily for criminal law enforcement;
(2) a bus, motorcycle, pickup, van, truck, three-wheel vehicle,
or tractor; or
(3) an ambulance.
Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1,
1995. Renumbered from Government Code Sec. 2158.001 and amended
by 1997, 75th Leg., ch. 165, Sec. 17.02(a).
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
900, Sec. 3, eff. September 1, 2009.
Sec. 2158.0031. PURCHASE PREFERENCE FOR AMERICAN VEHICLES. A
state agency authorized to purchase passenger vehicles or other
ground transportation vehicles for general use shall purchase
economical, fuel-efficient vehicles assembled in the United
States unless such a purchase would have a significant
detrimental effect on the use to which the vehicles will be put.
Added by Acts 1999, 76th Leg., ch. 1499, Sec. 1.20, eff. Sept. 1,
1999.
Sec. 2158.004. VEHICLES USING ALTERNATIVE FUELS. (a) A state
agency operating a fleet of more than 15 vehicles, excluding law
enforcement and emergency vehicles, may not purchase or lease a
motor vehicle unless that vehicle uses compressed natural gas,
liquefied natural gas, liquefied petroleum gas, methanol or
methanol/gasoline blends of 85 percent or greater, ethanol or
ethanol/gasoline blends of 85 percent or greater, biodiesel or
biodiesel/diesel blends of 20 percent or greater, or electricity,
including electricity to power a plug-in hybrid motor vehicle.
(b) A state agency may obtain equipment or refueling facilities
necessary to operate vehicles using compressed natural gas,
liquefied natural gas, liquefied petroleum gas, methanol or
methanol/gasoline blends of 85 percent or greater, ethanol or
ethanol/gasoline blends of 85 percent or greater, biodiesel or
biodiesel/diesel blends of 20 percent or greater, or electricity,
including electricity to power a plug-in hybrid motor vehicle:
(1) by purchase or lease as authorized by law;
(2) by gift or loan of the equipment or facilities; or
(3) by gift or loan of the equipment or facilities or by another
arrangement under a service contract for the supply of compressed
natural gas, liquefied natural gas, liquefied petroleum gas,
methanol or methanol/gasoline blends of 85 percent or greater,
ethanol or ethanol/gasoline blends of 85 percent or greater,
biodiesel or biodiesel/diesel blends of 20 percent or greater, or
electricity, including electricity to power a plug-in hybrid
motor vehicle.
(c) If the equipment or facilities are donated, loaned, or
provided through another arrangement with the supplier of
compressed natural gas, liquefied natural gas, liquefied
petroleum gas, methanol or methanol/gasoline blends of 85 percent
or greater, ethanol or ethanol/gasoline blends of 85 percent or
greater, biodiesel or biodiesel/diesel blends of 20 percent or
greater, or electricity, including electricity to power a plug-in
hybrid motor vehicle, the supplier is entitled to recoup its
actual cost of donating, loaning, or providing the equipment or
facilities through its fuel charges under the supply contract.
(d) The commission may waive the requirements of this section
for a state agency on receipt of certification supported by
evidence acceptable to the commission that:
(1) the agency's vehicles will be operating primarily in an area
in which neither the agency nor a supplier has or can reasonably
be expected to establish adequate refueling for compressed
natural gas, liquefied natural gas, liquefied petroleum gas,
methanol or methanol/gasoline blends of 85 percent or greater,
ethanol or ethanol/gasoline blends of 85 percent or greater,
biodiesel or biodiesel/diesel blends of 20 percent or greater, or
electricity, including electricity to power a plug-in hybrid
motor vehicle; or
(2) the agency is unable to obtain equipment or refueling
facilities necessary to operate vehicles using compressed natural
gas, liquefied natural gas, liquefied petroleum gas, methanol or
methanol/gasoline blends of 85 percent or greater, ethanol or
ethanol/gasoline blends of 85 percent or greater, biodiesel or
biodiesel/diesel blends of 20 percent or greater, or electricity,
including electricity to power a plug-in hybrid motor vehicle, at
a projected cost that is reasonably expected to be no greater
than the net costs of continued use of conventional gasoline or
diesel fuels, measured over the expected useful life of the
equipment or facilities supplied.
(e) Except for the purchase or lease of a motor vehicle for use
in a nonattainment area designated under Section 107(d) of the
federal Clean Air Act (42 U.S.C. Section 7407), as amended,
Subsection (a) does not apply to a purchase or lease by the
Railroad Commission of Texas.
Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1,
1995. Renumbered from Government Code Sec. 2158.002 and amended
by Acts 1997, 75th Leg., ch. 165, Sec. 17.02(a); Acts 2003, 78th
Leg., ch. 518, Sec. 1, June 20, 2003; Acts 2003, 78th Leg., ch.
1272, Sec. 3, eff. Sept. 1, 2003.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
900, Sec. 4, eff. September 1, 2009.
Sec. 2158.005. PERCENTAGE REQUIREMENTS FOR VEHICLES USING
ALTERNATIVE FUELS. (a) Not later than September 30, 2010, a
state agency that operates a fleet of more than 15 motor
vehicles, excluding law enforcement and emergency vehicles, shall
have a fleet consisting of vehicles of which at least 50 percent
use compressed natural gas, liquefied natural gas, liquefied
petroleum gas, methanol or methanol/gasoline blends of 85 percent
or greater, ethanol or ethanol/gasoline blends of 85 percent or
greater, biodiesel or biodiesel/diesel blends of 20 percent or
greater, or electricity, including electricity to power a plug-in
hybrid motor vehicle.
(b) The Texas Commission on Environmental Quality shall collect
reasonable information needed to determine the air quality
benefits from use of compressed natural gas, liquefied natural
gas, liquefied petroleum gas, methanol or methanol/gasoline
blends of 85 percent or greater, ethanol or ethanol/gasoline
blends of 85 percent or greater, biodiesel or biodiesel/diesel
blends of 20 percent or greater, or electricity, including
electricity to power a plug-in hybrid motor vehicle, at affected
agencies.
(c) A state agency in its annual financial report to the
legislature shall report its progress in achieving the percentage
requirements of this section by:
(1) itemizing purchases, leases, and conversions of motor
vehicles;
(2) itemizing usage of compressed natural gas, liquefied natural
gas, liquefied petroleum gas, methanol or methanol/gasoline
blends of 85 percent or greater, ethanol or ethanol/gasoline
blends of 85 percent or greater, biodiesel or biodiesel/diesel
blends of 20 percent or greater, or electricity, including
electricity to power a plug-in hybrid motor vehicle;
(3) describing the availability of compressed natural gas,
liquefied natural gas, liquefied petroleum gas, methanol or
methanol/gasoline blends of 85 percent or greater, ethanol or
ethanol/gasoline blends of 85 percent or greater, biodiesel or
biodiesel/diesel blends of 20 percent or greater, or electricity,
including electricity to power a plug-in hybrid motor vehicle;
and
(4) providing the information reasonably needed to determine the
air quality benefits from use of compressed natural gas,
liquefied natural gas, liquefied petroleum gas, methanol or
methanol/gasoline blends of 85 percent or greater, ethanol or
ethanol/gasoline blends of 85 percent or greater, biodiesel or
biodiesel/diesel blends of 20 percent or greater, or electricity,
including electricity to power a plug-in hybrid motor vehicle.
(d) A state agency may meet the percentage requirements of this
section through purchase of new vehicles or the conversion of
existing vehicles, in accordance with federal and state
requirements and applicable safety laws. The Texas State
Technical College System shall develop a program and provide
training to a state agency converting an existing vehicle to meet
the requirements of this section.
(e) The comptroller may reduce a percentage specified by this
section or waive the requirements of this section for a state
agency on receipt of certification supported by evidence
acceptable to the comptroller that:
(1) the agency's vehicles will be operating primarily in an area
in which neither the agency nor a supplier has or can reasonably
be expected to establish adequate refueling for compressed
natural gas, liquefied natural gas, liquefied petroleum gas,
methanol or methanol/gasoline blends of 85 percent or greater,
ethanol or ethanol/gasoline blends of 85 percent or greater,
biodiesel or biodiesel/diesel blends of 20 percent or greater, or
electricity, including electricity to power a plug-in hybrid
motor vehicle; or
(2) the agency is unable to obtain equipment or refueling
facilities necessary to operate vehicles using compressed natural
gas, liquefied natural gas, liquefied petroleum gas, methanol or
methanol/gasoline blends of 85 percent or greater, ethanol or
ethanol/gasoline blends of 85 percent or greater, biodiesel or
biodiesel/diesel blends of 20 percent or greater, or electricity,
including electricity to power a plug-in hybrid motor vehicle, at
a projected cost that is reasonably expected to be no greater
than the net costs of continued use of conventional gasoline or
diesel fuels, measured over the expected useful life of the
equipment or facilities supplied.
Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1,
1995. Renumbered from Government Code Sec. 2158.003 and amended
by Acts 1997, 75th Leg., ch. 165, Sec. 17.02(a).
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
900, Sec. 5, eff. September 1, 2009.
Sec. 2158.006. DETERMINATION OF ALTERNATIVE FUELS PROGRAM
PARAMETERS. In developing the use of compressed natural gas,
liquefied natural gas, liquefied petroleum gas, methanol or
methanol/gasoline blends of 85 percent or greater, ethanol or
ethanol/gasoline blends of 85 percent or greater, biodiesel or
biodiesel/diesel blends of 20 percent or greater, or electricity,
including electricity to power a plug-in hybrid motor vehicle,
the commission should work with state agency fleet operators,
vehicle manufacturers and converters, fuel distributors, and
others to determine the vehicles to be covered, taking into
consideration:
(1) range;
(2) specialty uses;
(3) fuel availability;
(4) vehicle manufacturing and conversion capability;
(5) safety;
(6) resale values; and
(7) other relevant factors.
Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1,
1995. Renumbered from Government Code Sec. 2158.004 and amended
by Acts 1997, 75th Leg., ch. 165, Sec. 17.02(a).
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
900, Sec. 5, eff. September 1, 2009.
Sec. 2158.007. COMPLIANCE WITH APPLICABLE SAFETY STANDARDS. In
purchasing, leasing, maintaining, or converting vehicles for use
with compressed natural gas, liquefied natural gas, liquefied
petroleum gas, methanol or methanol/gasoline blends of 85 percent
or greater, ethanol or ethanol/gasoline blends of 85 percent or
greater, biodiesel or biodiesel/diesel blends of 20 percent or
greater, or electricity, including electricity to power a plug-in
hybrid motor vehicle, the commission shall comply with all
applicable safety standards adopted by the United States
Department of Transportation and the Railroad Commission of
Texas.
Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1,
1995. Renumbered from Government Code Sec. 2158.005 and amended
by Acts 1997, 75th Leg., ch. 165, Sec. 17.02(a).
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
900, Sec. 5, eff. September 1, 2009.
Sec. 2158.008. WHEN VEHICLE CONSIDERED TO BE USING ALTERNATIVE
FUELS. In this subchapter, a vehicle is considered to be using
compressed natural gas, liquefied natural gas, liquefied
petroleum gas, methanol or methanol/gasoline blends of 85 percent
or greater, ethanol or ethanol/gasoline blends of 85 percent or
greater, biodiesel or biodiesel/diesel blends of 20 percent or
greater, or electricity, including electricity to power a plug-in
hybrid motor vehicle, if the vehicle uses those fuels:
(1) not less than 80 percent of the time the vehicle is driven;
and
(2) either in its original equipment engine or in an engine that
has been converted to use those fuels.
Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1,
1995. Renumbered from Government Code Sec. 2158.006 and amended
by Acts 1997, 75th Leg., ch. 165, Sec. 17.02(a).
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
900, Sec. 5, eff. September 1, 2009.
Sec. 2158.009. LOW-EMISSIONS VEHICLES PURCHASING REQUIREMENT.
(a) Repealed by Acts 2009, 81st Leg., R.S., Ch. 900, Sec. 7,
eff. September 1, 2009.
(b) A state agency authorized to purchase passenger vehicles or
other ground transportation vehicles for general use shall ensure
that not less than 25 percent of the vehicles the agency
purchases during any state fiscal biennium, other than vehicles
the purchase of which is exempted from this subsection by
Subsection (c) or (d), are vehicles that meet or exceed the
emissions standards necessary to be rated by the United States
Environmental Protection Agency as a Tier II, Bin 3, emissions
standard vehicle that has a greenhouse gas score of eight under
regulations of that agency as they existed September 1, 2007.
(c) A state agency is exempt from Subsection (b) to the extent
that a vehicle described by that subsection that meets the
agency's operational needs is not commercially available.
(d) Subsection (b) does not apply to a state agency's purchase
of a vehicle to be used by a peace officer, as defined by Article
2.12, Code of Criminal Procedure, whose duties include the
apprehension of persons for violation of a criminal law of this
state.
Added by Acts 2007, 80th Leg., R.S., Ch.
1221, Sec. 1, eff. September 1, 2007.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
900, Sec. 6, eff. September 1, 2009.
Acts 2009, 81st Leg., R.S., Ch.
900, Sec. 7, eff. September 1, 2009.
SUBCHAPTER B. CONTRACT FOR PRINTING LAWS
Sec. 2158.061. AWARD OF CONTRACT FOR PRINTING LAWS. (a) The
commission shall, at the beginning of each regular session of the
legislature, award a contract for printing the general and
special laws and resolutions passed by a regular or special
session of that legislature.
(b) The commission shall prepare the contract as a separate
contract from all other public printing contracts.
Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1,
1995.
Sec. 2158.062. CONTRACT FOR PRINTING LAWS: TERMS AND CONDITIONS.
(a) The commission shall include in the contract for printing
laws penalties that assure delivery of the printed laws by the
time provided in the contract.
(b) The printer shall begin delivery of completed books in a
reasonable time after printing is completed and binding is
started. The commission shall state the time limit in the
commission's call for bids.
(c) On the commission's order, the printer shall print general
and special laws in separate volumes.
Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1,
1995.
Sec. 2158.063. CONTRACT FOR PRINTING LAWS: PROOFREADING; ERRORS
AND OMISSIONS. (a) In the contract for printing laws, the
commission shall require the printer to:
(1) proofread and correct proofs before submitting them to the
state; and
(2) set out in the first volume of the general and special laws
passed by each legislature, immediately preceding the laws, a
section containing corrections of errors or omissions made in the
publication of the general and special laws of preceding
legislatures.
(b) The contract term required by Subsection (a)(2) may not
require the printer to set out an error or omission in a law
passed in a legislative session ending more than five years
before the date of the call for bids for the contract.
(c) The secretary of state shall provide the printer with the
list of errors and omissions and appropriate corrections on or
before the date provided by Section 2158.064 for furnishing the
printer a copy of the laws and resolutions passed at the first
session of each legislature.
(d) The comptroller may not issue a warrant to the printer in
payment for the printing of the laws and resolutions until the
printer, if an individual, or the vice president, secretary, or
manager if the printer is a corporation, partnership, or
association, executes a sworn affidavit verifying compliance with
Section 2158.062 and this section.
Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1,
1995.
Sec. 2158.064. CONTRACT FOR PRINTING LAWS: DIRECTION OF
SECRETARY OF STATE; DELIVERY OF COPY. (a) The secretary of
state shall direct the compilation and printing of laws and
resolutions.
(b) Not later than the 26th day, excluding Sundays, after the
date the legislature adjourns, the secretary of state shall
furnish the printer all copy for the laws and resolutions, with
delivery of the first copy to the printer beginning as bills are
signed by the governor.
(c) The secretary of state shall deliver copy for the index to
the printer not later than the fifth day after the date the
printer has furnished all page proofs of the laws to the
secretary of state.
Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1,
1995.
Sec. 2158.065. DISTRIBUTION OF PRINTED LAWS. The secretary of
state shall distribute the printed laws of each session of the
legislature as follows:
(1) one copy each to:
(A) the governor;
(B) the lieutenant governor;
(C) the speaker of the house of representatives;
(D) each court of appeals; and
(E) each county law library;
(2) 10 copies to the Texas Legislative Council;
(3) 15 copies to the Legislative Reference Library;
(4) 30 copies to the State Law Library; and
(5) 60 copies to the Texas State Library.
Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1,
1995.
SUBCHAPTER C. OTHER CONTRACTS FOR PRINTING SERVICES
Sec. 2158.121. PROHIBITION APPLICABLE TO OTHER PRINTING
CONTRACTS; OFFENSE; PENALTY. (a) Except as otherwise provided
by a contract or agreement with the state authorized by this
subchapter, a person doing printing under contract for the state
commits an offense if the person reproduces, prints, prepares,
sells, or furnishes the printing or printed matter, a reprint,
reproduction, or copy of the printing or printed matter, or a
plate, type, mat, cut, or engraving from which the printing
contract was executed, in an amount other than that agreed to be
printed and furnished to the state under the contract.
(b) An offense under this section is a misdemeanor punishable
by:
(1) a fine of not less than $100 or more than $1,000; and
(2) confinement in jail for not more than 30 days if the
offender is an individual.
(c) Conviction of an agent or employee under this section does
not bar conviction of a principal.
(d) This subchapter does not apply to the printing and sale to
the public of copies of the general and special laws by the
printer of the laws under a contract authorized by Subchapter B.
Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1,
1995.
Sec. 2158.122. EXCEPTION TO PROHIBITION. (a) On consent of the
commission and the governor, a person may print extra copies of
matter printed under a state contract and sell the copies at a
price fixed by the commission if in the opinion of the commission
and the governor the printed matter should be distributed in this
manner for the benefit of the public.
(b) A contract for the printing and sale of extra copies under
this section must be approved by the attorney general.
Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1,
1995.
Sec. 2158.123. STATE PRINTING CONTRACTS. In this chapter and
Chapters 2155, 2156, and 2157, printing is considered to be
performed for the state if the printing is done under contract
for:
(1) the legislature, including either house of the legislature;
(2) a state department, board, or commission;
(3) a court;
(4) an officer or agent of the state; or
(5) the state.
Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1,
1995.
SUBCHAPTER D. PURCHASE OF ELECTRICAL ITEMS
Sec. 2158.181. SAFETY STANDARDS FOR ELECTRICAL ITEMS. The
commission or another state agency may not purchase an electrical
item unless the item meets applicable safety standards of the
federal Occupational Safety and Health Administration.
Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1,
1995.
SUBCHAPTER E. RECYCLED PRODUCTS
Sec. 2158.241. INTERSTATE COMPACTS AND COOPERATIVE AGREEMENTS
FOR PROCURING RECYCLED PRODUCTS. The commission may enter into
compacts and cooperative agreements with other states and
government entities for procuring products made of recycled
materials when the commission determines it is in the best
interest of the state.
Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1,
1995. Amended by Acts 1999, 76th Leg., ch. 426, Sec. 15, eff.
June 18, 1999.
SUBCHAPTER F. ENERGY AND EFFICIENCY STANDARDS
FOR EQUIPMENT AND APPLIANCES
Subchapter F, consisting of Secs. 2158.301, was added by Acts
2007, 80th Leg., R.S., Ch.
262, Sec. 3.05.
For another Subchapter F, consisting of Secs. 2158.301, added by
Acts 2007, 80th Leg., R.S., Ch.
939, Sec. 5, see Sec. 2158.301 et seq., post.
Sec. 2158.301. ENERGY CONSERVATION. If available and cost
effective, the commission or another state agency shall purchase
equipment and appliances for state use that meet or exceed the
federal Energy Star standards designated by the United States
Environmental Protection Agency and the United States Department
of Energy.
Added by Acts 2007, 80th Leg., R.S., Ch.
262, Sec. 3.05, eff. June 8, 2007.
SUBCHAPTER F. ENERGY AND EFFICIENCY STANDARDS FOR EQUIPMENT AND
APPLIANCES
Subchapter F, consisting of Secs. 2158.301, was added by Acts
2007, 80th Leg., R.S., Ch.
939, Sec. 5.
For another Subchapter F, consisting of Secs. 2158.301, added by
Acts 2007, 80th Leg., R.S., Ch.
262, Sec. 3.05, see Sec. 2158.301 et seq., post.
Sec. 2158.301. ENERGY CONSERVATION. If available and
cost-effective, a state agency shall purchase equipment and
appliances for state use that meet or exceed:
(1) the federal energy conservation standards under Section 325,
Energy Policy and Conservation Act (42 U.S.C. Section 6295), or a
federal regulation adopted under that Act; or
(2) the federal Energy Star standards designated by the United
States Environmental Protection Agency and the United States
Department of Energy.
Added by Acts 2007, 80th Leg., R.S., Ch.
939, Sec. 5, eff. September 1, 2007.
SUBCHAPTER H. PURCHASE OF PHARMACY BENEFIT MANAGER SERVICES
Sec. 2158.401. DEFINITION; APPLICABILITY. (a) In this
subchapter, "state agency" means a board, commission, department,
office, or other agency in the executive, legislative, or
judicial branch of state government that is created by the
constitution or a statute of this state, including an institution
of higher education as defined by Section 61.003, Education Code.
(b) This subchapter applies in relation to a state agency
contract or proposed contract for pharmacy benefit manager
services without regard to whether the contract or proposed
contract is otherwise subject to this subtitle.
Added by Acts 2009, 81st Leg., R.S., Ch.
1207, Sec. 1, eff. September 1, 2009.
Sec. 2158.402. REQUIRED DISCLOSURE. (a) A state agency on
request of another state agency shall disclose information
relating to the amounts charged by a pharmacy benefit manager for
pharmacy benefit manager services provided under a prescription
drug program and other requested pricing information related to a
contract for pharmacy benefit manager services. A state agency
shall provide information requested under this section not later
than the 30th day after the date the information is requested.
(b) Subsection (a) does not require a state agency to disclose
information the agency is specifically prohibited from disclosing
under a contract with a pharmacy benefit manager executed before
September 1, 2009.
(c) A contract entered, amended, or extended on or after
September 1, 2009, may not contain a provision that prohibits a
state agency from disclosing under this subchapter information on
the amounts charged by a pharmacy benefit manager for pharmacy
benefit manager services provided under a prescription drug
program or from disclosing under this subchapter other pricing
information related to the contract.
Added by Acts 2009, 81st Leg., R.S., Ch.
1207, Sec. 1, eff. September 1, 2009.
Sec. 2158.403. CONFIDENTIALITY. The information received by a
state agency under this subchapter may not be disclosed to a
person outside of the state agency or its agents.
Added by Acts 2009, 81st Leg., R.S., Ch.
1207, Sec. 1, eff. September 1, 2009.
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