Tex. Health & Safety Code Section 533.016
Certain Procurements of Goods and Services by Service Providers


(a)

This section does not apply to a “health and human services agency,” as that term is defined by Section 531.001 (Definitions), Government Code.

(a)

This section does not apply to a “health and human services agency,” as that term is defined by Section 521.0001 (Definitions), Government Code.

(a-1)

A state agency, local agency, or local mental health authority that expends public money to acquire goods or services in connection with providing or coordinating the provision of mental health services may satisfy the requirements of any state law requiring procurements by competitive bidding or competitive sealed proposals by procuring goods or services with the public money in accordance with Section 533.017 (Participation in Purchasing Contracts or Group Purchasing Program) or in accordance with:

(1)

Section 32.043 (Procurement Rules for Public Disproportionate Share Hospitals) or 32.044 (Group Purchasing for Disproportionate Share Hospitals), Human Resources Code, if the entity is a public hospital subject to those laws; or

(2)

this section, if the entity is not covered by Subdivision (1).

(b)

An agency or authority under Subsection (a-1)(2) may acquire goods or services by any procurement method that provides the best value to the agency or authority. The agency or authority shall document that the agency or authority considered all relevant factors under Subsection (c) in making the acquisition.

(c)

Subject to Subsection (d), the agency or authority 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 or authority’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 or authority 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 or authority 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 the agency’s or authority’s productivity;

(10)

the acquisition price; and

(11)

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

(d)

If a state agency to which this section applies acquires goods or services with a value that exceeds $100,000, the state agency shall consult with and receive approval from the commission before considering factors other than price and meeting specifications.

(e)

The state auditor or the executive commissioner may audit the agency’s or authority’s acquisitions of goods and services under this section to the extent state money or federal money appropriated by the state is used to make the acquisitions.

(f)

The agency or authority may adopt rules and procedures for the acquisition of goods and services under this section.
Added by Acts 1997, 75th Leg., ch. 1045, Sec. 5, eff. Sept. 1, 1997.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1335, eff. April 2, 2015.
Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 2.54, eff. April 1, 2025.

Source: Section 533.016 — Certain Procurements of Goods and Services by Service Providers, https://statutes.­capitol.­texas.­gov/Docs/HS/htm/HS.­533.­htm#533.­016 (accessed Jun. 5, 2024).

533.001
Gifts and Grants
533.0001
Definitions
533.0002
Commissioner’s Powers and Duties
533.003
Use of Funds for Volunteer Programs in Local Authorities and Community Centers
533.004
Liens
533.005
Easements
533.007
Use of Criminal History Record Information
533.008
Employment Opportunities for Individuals with Mental Illness or an Intellectual Disability
533.009
Exchange of Patient Records
533.010
Information Relating to Condition
533.012
Cooperation of State Agencies
533.014
Responsibility of Local Mental Health Authorities in Making Treatment Recommendations
533.015
Unannounced Inspections
533.016
Certain Procurements of Goods and Services by Service Providers
533.017
Participation in Purchasing Contracts or Group Purchasing Program
533.031
Definitions
533.032
Long-range Planning
533.033
Determination of Required Range of Mental Health Services
533.034
Authority to Contract for Community-based Services
533.035
Local Mental Health Authorities
533.037
Service Programs and Sheltered Workshops
533.040
Services for Children and Youth
533.042
Evaluation of Elderly Residents
533.043
Proposals for Geriatric, Extended, and Transitional Care
533.051
Allocation of Outpatient Mental Health Services and Beds in State Hospitals
533.052
Contracting with Certain Mental Health Service Providers and Facilities to Provide Services and Beds for Certain Persons
533.053
Informing Courts of Commitment Options
533.0075
Exchange of Employment Records
533.081
Development of Facility Budgets
533.082
Determination of Savings in Facilities
533.083
Criteria for Expansion, Closure, or Consolidation of Facility
533.084
Management of Surplus Real Property
533.085
Facilities for Inmate and Parolee Care
533.087
Lease of Real Property
533.0095
Collection and Maintenance of Information Regarding Persons Found Not Guilty by Reason of Insanity
533.108
Prioritization of Funding for Diversion of Persons from Incarceration in Certain Counties
533.0325
Continuum of Services in Campus Facilities
533.0345
State Agency Services Standards
533.0351
Required Composition of Local Mental Health Authority Governing Body
533.0352
Local Authority Planning for Local Service Area
533.0354
Disease Management Practices and Jail Diversion Measures of Local Mental Health Authorities
533.0356
Local Behavioral Health Authorities
533.0357
Best Practices Clearinghouse for Local Mental Health Authorities
533.0358
Local Mental Health Authority’s Provision of Services as Provider of Last Resort
533.0359
Rulemaking for Local Mental Health Authorities
533.0415
Memorandum of Understanding on Interagency Training
533.0515
Regional Allocation of Mental Health Beds
533.0844
Mental Health Community Services Account
533.03521
Local Network Development Plan Creation and Approval

Accessed:
Jun. 5, 2024

§ 533.016’s source at texas​.gov