Tex. Health & Safety Code Section 533A.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 intellectual and developmental disability authority that expends public money to acquire goods or services in connection with providing or coordinating the provision of intellectual disability 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 533A.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 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1335, eff. April 2, 2015.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 2.58, eff. April 1, 2025.

Source: Section 533A.016 — Certain Procurements of Goods and Services by Service Providers, https://statutes.­capitol.­texas.­gov/Docs/HS/htm/HS.­533A.­htm#533A.­016 (accessed Mar. 23, 2024).

533A.001
Definitions
533A.002
Commissioner’s Powers and Duties
533A.003
Use of Funds for Volunteer Programs in Local Authorities and Community Centers
533A.004
Liens
533A.005
Easements
533A.006
Reporting of Allegations Against Physician
533A.007
Use of Criminal History Record Information
533A.008
Employment Opportunities for Individuals with Mental Illness or an Intellectual Disability
533A.009
Exchange of Client Records
533A.010
Information Relating to Condition
533A.011
Return of Person with an Intellectual Disability to State of Residence
533A.012
Cooperation of State Agencies
533A.015
Unannounced Inspections
533A.016
Certain Procurements of Goods and Services by Service Providers
533A.017
Participation in Purchasing Contracts or Group Purchasing Program
533A.018
Revenue from Special Olympics Texas License Plates
533A.031
Definitions
533A.032
Long-range Planning
533A.034
Authority to Contract for Community-based Services
533A.035
Local Intellectual and Developmental Disability Authorities
533A.037
Service Programs and Sheltered Workshops
533A.038
Facilities and Services for Clients with an Intellectual Disability
533A.040
Services for Children and Youth
533A.042
Evaluation of Elderly Residents
533A.043
Proposals for Geriatric Care
533A.062
Plan on Long-term Care for Persons with an Intellectual Disability
533A.066
Information Relating to Icf-iid Program
533A.0075
Exchange of Employment Records
533A.081
Development of Facility Budgets
533A.082
Determination of Savings in Facilities
533A.083
Criteria for Expansion, Closure, or Consolidation of Facility
533A.084
Management of Surplus Real Property
533A.085
Facilities for Inmate and Parolee Care
533A.087
Lease of Real Property
533A.0095
Collection and Maintenance of Information Regarding Persons Found Not Guilty by Reason of Insanity
533A.108
Prioritization of Funding for Diversion of Persons from Incarceration in Certain Counties
533A.0325
Continuum of Services in Department Facilities
533A.0335
Comprehensive Assessment and Resource Allocation Process
533A.0345
State Agency Services Standards
533A.0352
Local Authority Planning for Local Service Area
533A.0355
Local Intellectual and Developmental Disability Authority Responsibilities
533A.0415
Memorandum of Understanding on Interagency Training
533A.0846
Intellectual Disability Community Services Account
533A.03551
Flexible, Low-cost Housing Options
533A.03552
Behavioral Supports for Individuals with Intellectual and Developmental Disabilities at Risk of Institutionalization

Accessed:
Mar. 23, 2024

§ 533A.016’s source at texas​.gov