Tex. Gov't Code Section 2155.144
Procurements by Health and Human Services Agencies


(a)

This section applies only to the Health and Human Services Commission, each health and human services agency, the Department of Family and Protective Services, and agencies administratively attached to the Health and Human Services Commission. For the purposes of this section, the Department of Family and Protective Services or an agency administratively attached to the Health and Human Services Commission is considered a health and human services agency.

(b)

An agency to which this section applies is delegated the authority to procure its goods and services, except as provided by this section.

(b-1)

An agency to which this section applies is not delegated the authority to procure common commodities or services:

(1)

including goods and services acquired for direct consumption or use by the agency in the day-to-day support of the agency’s administrative operations, such as office supplies and equipment, building maintenance and cleaning services, or temporary employment services; and

(2)

not including consulting services, professional services, health care services, information resources technology, goods or services acquired for the benefit or on behalf of clients of programs operated by the agency, procurements specifically authorized or delegated to the agency by statute, or the contracting out of agency purchasing functions or other administrative or program functions.

(b-2)

The Health and Human Services Commission is delegated the authority to procure goods and services related to a contract for:

(1)

a project to construct or expand a state hospital operated by a health and human services agency or a state supported living center as defined by Section 531.002 (Definitions), Health and Safety Code; or

(2)

a deferred maintenance project for a health facility described by Subdivision (1).

(c)

An agency to which this section applies shall acquire goods or services by any procurement method approved by the Health and Human Services Commission that provides the best value to the agency. The agency shall document that it considered all relevant factors under Subsection (d) in making the acquisition.

(d)

Subject to Subsection (e), the agency may consider all relevant factors in determining the best value, including:

(1)

any installation costs;

(2)

the delivery terms;

(3)

the quality and reliability of the vendor’s goods or services;

(4)

the extent to which the goods or services meet the agency’s needs;

(5)

indicators of probable vendor performance under the contract such as past vendor performance, the vendor’s financial resources and ability to perform, the vendor’s experience and responsibility, and the vendor’s ability to provide reliable maintenance agreements;

(6)

the impact on the ability of the agency to comply with laws and rules relating to historically underutilized businesses or relating to the procurement of goods and services from persons with disabilities;

(7)

the total long-term cost to the agency of acquiring the vendor’s goods or services;

(8)

the cost of any employee training associated with the acquisition;

(9)

the effect of an acquisition on agency productivity;

(10)

the acquisition price; and

(11)

any other factor relevant to determining the best value for the agency in the context of a particular acquisition.

(e)

Repealed by Acts 2003, 78th Leg., ch. 785, Sec. 75(2).

(f)

The state auditor may audit the agency’s acquisitions of goods and services before or after a warrant is issued to pay for an acquisition.

(g)

The agency may adopt rules and procedures for the acquisition of goods and services under this section.

(h)

The Health and Human Services Commission shall adopt rules and procedures for the acquisition of goods and services under this section that apply to all health and human services agencies, including rules adopted with the commission’s assistance that allow an agency to make purchases through a group purchasing program except when a better value is available through another procurement method. The rules of the health and human services agencies must be consistent with the rules of the Health and Human Services Commission.

(i)

Subject to Section 531.0055 (Executive Commissioner: General Responsibility for Health and Human Services System)(c), the Health and Human Services Commission shall develop a single statewide risk analysis procedure. Each health and human services agency shall comply with the procedure. The procedure must provide for:

(1)

assessing the risk of fraud, abuse, or waste in health and human services agencies contractor selection processes, contract provisions, and payment and reimbursement rates and methods for the different types of goods and services for which health and human services agencies contract;

(2)

identifying contracts that require enhanced contract monitoring; and

(3)

coordinating contract monitoring efforts among health and human services agencies.

(i)

Subject to Section 524.0001 (General Responsibility of Commission for Health and Human Services System; Prioritization of Certain Duties)(b), the Health and Human Services Commission shall develop a single statewide risk analysis procedure. Each health and human services agency shall comply with the procedure. The procedure must provide for:

(1)

assessing the risk of fraud, abuse, or waste in health and human services agencies contractor selection processes, contract provisions, and payment and reimbursement rates and methods for the different types of goods and services for which health and human services agencies contract;

(2)

identifying contracts that require enhanced contract monitoring; and

(3)

coordinating contract monitoring efforts among health and human services agencies.

(j)

Subject to Section 531.0055 (Executive Commissioner: General Responsibility for Health and Human Services System)(c), the Health and Human Services Commission shall publish a contract management handbook that establishes consistent contracting policies and practices to be followed by health and human services agencies. The handbook may include standard contract provisions and formats for health and human services agencies to incorporate as applicable in their contracts.

(j)

Subject to Section 524.0001 (General Responsibility of Commission for Health and Human Services System; Prioritization of Certain Duties)(b), the Health and Human Services Commission shall publish a contract management handbook that establishes consistent contracting policies and practices to be followed by health and human services agencies. The handbook may include standard contract provisions and formats for health and human services agencies to incorporate as applicable in their contracts.

(k)

Subject to Section 531.0055 (Executive Commissioner: General Responsibility for Health and Human Services System)(c), the Health and Human Services Commission, in cooperation with the comptroller, shall establish a central contract management database that identifies each contract made with a health and human services agency. The comptroller may use the database to monitor health and human services agency contracts, and health and human services agencies may use the database in contracting. A state agency shall send to the comptroller in the manner prescribed by the comptroller the information the agency possesses that the comptroller requires for inclusion in the database.

(k)

Subject to Section 524.0001 (General Responsibility of Commission for Health and Human Services System; Prioritization of Certain Duties)(b), the Health and Human Services Commission, in cooperation with the comptroller, shall establish a central contract management database that identifies each contract made with a health and human services agency. The comptroller may use the database to monitor health and human services agency contracts, and health and human services agencies may use the database in contracting. A state agency shall send to the comptroller in the manner prescribed by the comptroller the information the agency possesses that the comptroller requires for inclusion in the database.

(l)

The Health and Human Services Commission shall coordinate the procurement practices of all health and human services agencies and encourage those agencies to use efficient procurement practices such as the use of a group purchasing program, combining maintenance contracts into one contract, and obtaining prompt payment discounts. In implementing this duty, the Health and Human Services Commission may review the procurement and rate-setting procedures of each health and human services agency to ensure that amounts paid to contractors are consistent and represent the best value for the state. The Health and Human Services Commission may disapprove a procurement and rate-setting procedure of a health and human services agency. A health and human services agency may not use a procurement or rate-setting procedure that has been disapproved by the commission. The Health and Human Services Commission may transfer the procurement functions of a health and human services agency to another appropriate state agency if it determines that transferring those functions would be advantageous to the state. Other state agencies and institutions with experience in acquiring goods and services using the procedures allowed under Subsections (c) and (d) shall on request assist the Health and Human Services Commission to perform its functions under this section.

(m)

Subject to Section 531.0055 (Executive Commissioner: General Responsibility for Health and Human Services System)(c), the Health and Human Services Commission shall develop and implement a statewide plan to ensure that each entity that contracts with a health and human services agency and any subcontractor of the entity complies with the accessibility requirements of the Americans with Disabilities Act of 1990 (42 U.S.C. Section 12101 et seq.).

(m)

Subject to Section 524.0001 (General Responsibility of Commission for Health and Human Services System; Prioritization of Certain Duties)(b), the Health and Human Services Commission shall develop and implement a statewide plan to ensure that each entity that contracts with a health and human services agency and any subcontractor of the entity complies with the accessibility requirements of the Americans with Disabilities Act of 1990 (42 U.S.C. Section 12101 et seq.).

(n)

To the extent of any conflict, this section prevails over any other state law relating to the procurement of goods and services except a law relating to contracting with historically underutilized businesses or relating to the procurement of goods and services from persons with disabilities.

(o)

If the Health and Human Services Commission does not receive any responsive bids on a competitive solicitation for goods or services for a state hospital operated by a health and human services agency or a state supported living center as defined by Section 531.002 (Definitions), Health and Safety Code, the commission after making a written determination that competition is not available may negotiate with and award the contract to any qualified vendor who meets the requirements of the original solicitation:

(1)

at a price consistent with the current market value of the goods or services; and

(2)

for a term not to exceed five years.

(p)

In this section, “health and human services agency” has the meaning assigned by Section 531.001 (Definitions).

(p)

In this section, “health and human services agency” has the meaning assigned by Section 521.0001 (Definitions).
Added by Acts 1997, 75th Leg., ch. 1045, Sec. 1, eff. Sept. 1, 1997. Amended by Acts 1999, 76th Leg., ch. 1460, Sec. 3.11, eff. Sept. 1, 1999; Acts 2003, 78th Leg., ch. 309, Sec. 7.07, eff. June 18, 2003; Acts 2003, 78th Leg., ch. 785, Sec. 75(2), eff. Sept. 1, 2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 937 (H.B. 3560), Sec. 1.09, eff. September 1, 2007.
Acts 2015, 84th Leg., R.S., Ch. 837 (S.B. 200), Sec. 2.08(b)(3), eff. September 1, 2015.
Acts 2019, 86th Leg., R.S., Ch. 953 (S.B. 65), Sec. 16, eff. September 1, 2019.
Acts 2021, 87th Leg., R.S., Ch. 621 (S.B. 1896), Sec. 15, eff. June 14, 2021.
Acts 2021, 87th Leg., R.S., Ch. 855 (S.B. 799), Sec. 9, eff. September 1, 2021.
Acts 2023, 88th Leg., R.S., Ch. 351 (S.B. 1179), Sec. 17, eff. September 1, 2023.
Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 2.20, eff. April 1, 2025.

Source: Section 2155.144 — Procurements by Health and Human Services Agencies, https://statutes.­capitol.­texas.­gov/Docs/GV/htm/GV.­2155.­htm#2155.­144 (accessed Mar. 23, 2024).

2155.001
Definitions
2155.002
Focus on Large Expenditures
2155.003
Conflict of Interest
2155.004
Certain Bids and Contracts Prohibited
2155.005
Compliance with Antitrust Laws
2155.006
Prohibition on Certain Bids and Contracts
2155.007
Procurement Coordination Committee
2155.0011
Comptroller Powers and Duties
2155.0012
Authority to Adopt Rules
2155.0061
Prohibition on Certain Bids and Contracts Related to Persons Involved in Human Trafficking
2155.061
Comptroller Purchasing System
2155.062
Purchase Methods
2155.063
Competitive Bidding Requirement
2155.064
Schedule and Bulk Purchasing
2155.065
Contracts with Department of Criminal Justice
2155.066
Review of Specifications
2155.067
Proprietary Purchases
2155.068
Uniform Standards and Specifications
2155.069
Testing and Inspection
2155.070
Failure to Meet Specifications
2155.072
Statewide or Regional Services Contracts
2155.073
Participation by Small Businesses in State Purchasing
2155.074
Best Value Standard for Purchase of Goods or Services
2155.075
Requirement to Specify Value Factors in Request for Bids or Proposals
2155.076
Protest Procedures
2155.077
Barring Vendor from Participation in State Contracts
2155.079
Buying Under Contract Established by Agency Other than Comptroller
2155.080
Advisory Committee on Procurement
2155.081
Vendor Advisory Committee
2155.082
Providing Certain Purchasing Services on Fee-for-service Basis or Through Benefit Funding
2155.084
Purchases from Federal Government
2155.085
Reverse Auction Procedure
2155.088
Material Changes to Contracts
2155.089
Reporting Vendor Performance
2155.090
Vendor and Employee Interaction and Communication Policy
2155.091
Chief Procurement Officer: Powers and Duties
2155.131
Delegation of Authority to State Agencies
2155.132
Purchases Less than Specified Monetary Amount
2155.136
Purchase of Certain Medical Equipment by Medical or Dental Unit
2155.137
Emergency Purchases
2155.138
Exemption of Goods or Services of Blind or Visually Impaired Persons
2155.139
Exemption for Certain Libraries and Health Facilities
2155.140
Purchase from Gift or Grant Not Within Comptroller’s Purchasing Authority
2155.141
Purchases for Auxiliary Enterprise Not Within Comptroller’s Purchasing Authority
2155.143
Purchase of Care and Treatment Services by Texas Juvenile Justice Department
2155.144
Procurements by Health and Human Services Agencies
2155.145
Certain Purchases by Texas Commission on Environmental Quality
2155.146
Certain Purchases by Employees Retirement System of Texas
2155.147
Certain Purchases by General Land Office
2155.148
Certain Purchases for Texas Emergency Services Retirement System
2155.149
Certain Purchases by Veterans’ Land Board
2155.150
Certain Purchases by Railroad Commission of Texas
2155.202
Community Centers
2155.203
Purchases by Legislature and Legislative Agencies
2155.204
Local Government Purchasing Program
2155.205
Interstate Purchasing
2155.261
Applicability
2155.262
Uniform Registration Form
2155.263
Centralized Master Bidders List
2155.265
Access to Master Bidders List
2155.266
Registration and Renewal Fee
2155.267
Rules and Procedures Regarding Master Bidders List
2155.268
Use of State Agency Bidders List
2155.269
Waiver
2155.270
Agency Assistance with Bidders List Issues
2155.321
Definitions
2155.322
Inspection and Certification
2155.323
Audit of Financial Information
2155.324
Purchase Audit
2155.325
Purchase Audit After Issuance of Warrant
2155.326
Audit by State Auditor
2155.327
Interagency Purchases and Transactions
2155.381
Invoice
2155.382
Payment by Warrant
2155.383
Advance Payments to State or Federal Agency
2155.384
Authority to Pay Charges
2155.385
Credit Cards
2155.386
Prepayment for Library Materials by Institution of Higher Education
2155.387
Payment for Road Construction Materials Delivered by Vehicle Exceeding Weight Limits
2155.441
Preference for Products of Persons with Intellectual or Physical Disabilities
2155.442
Preference for Energy Efficient Products
2155.443
Preference for Rubberized Asphalt Paving
2155.444
Preference to Texas and United States Products and Texas Services
2155.445
Preference for Recycled, Remanufactured, or Environmentally Sensitive Products
2155.446
Purchase and Use of Paper Containing Recycled Fibers
2155.447
Purchase of Recycled Oil
2155.448
Expenditures for Recycled, Remanufactured, or Environmentally Sensitive Commodities or Services
2155.449
Preference to Products and Services from Economically Depressed or Blighted Area
2155.450
Preference for Products of Facilities on Formerly Contaminated Property
2155.451
Vendors that Meet or Exceed Air Quality Standards
2155.452
Preference for Contractors Providing Foods of Higher Nutritional Value
2155.453
Certain Contracts for Homeland Security or Law Enforcement Technology
2155.501
Definitions
2155.502
Development of Multiple Award Contract Schedule
2155.503
Rules
2155.504
Use of Schedule by Governmental Entities
2155.505
Historically Underutilized and Small Businesses
2155.506
Reporting Requirements
2155.508
Internet Availability
2155.510
Rebates
2155.0755
Verification of Use of Best Value Standard
2155.1441
Health Care Purchasing
2155.1442
Foster Care Residential Contract Management
2155.4441
Preference Under Service Contracts

Accessed:
Mar. 23, 2024

§ 2155.144’s source at texas​.gov