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A BILL TO BE ENTITLED
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AN ACT
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relating to the continuation of functions of the Vocational |
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Rehabilitation Division administered by the Texas Workforce |
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Commission. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter B, Chapter 352, Texas Labor Code, is |
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amended by adding Section 352.060 to read as follows: |
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Sec. 352.060. PROCUREMENT OF GOODS AND SERVICES. (a) The |
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commission may enter into contracts for vocational rehabilitation |
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services as necessary to perform any of the commission's powers or |
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duties under this chapter. |
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(b) The commission shall acquire vocational rehabilitation |
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goods or services under this chapter by any procurement method |
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approved by the commission that provides the best value to the |
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commission. The commission shall document that it considered all |
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relevant factors under subsection (c) in making the acquisition. |
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(c) The commission may consider all relevant factors in |
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determining the best value, including: |
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(1) any installation costs; |
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(2) the delivery terms; |
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(3) the quality and reliability of the vendor's goods |
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or services; |
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(4) the extent to which the goods or services meet the |
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needs of the participants of vocational rehabilitation services; |
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(5) indicators of probable value vendor performance |
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under the contract such as past vendor performance, the vendor's |
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financial resources and ability to perform, the vendor's experience |
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and responsibility, and the vendor's ability to provide reliable |
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maintenance agreements; |
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(6) the impact on the ability of the commission to |
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comply with laws and rules relating to historically underutilized |
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businesses or relating to the procurement of goods and services |
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from persons with disabilities; |
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(7) the total long-term cost to the commission of |
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acquiring the vendor's goods or services; |
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(8) the cost of any employee training associated with |
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the acquisition; |
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(9) the effect of an acquisition on commission |
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productivity; |
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(10) the acquisition price; and |
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(11) any other factor relevant to determining the best |
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value for the commission in the context of a particular |
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acquisition. |
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(d) The commission may adopt rules and procedures for the |
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acquisition of goods and services under this chapter, including |
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rules that allow the commission to make purchases for vocational |
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rehabilitation services through an open enrollment contracting |
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method if the best interests of the state are served by enrolling |
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multiple vendors. |
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(e) If the commission does not receive any responsive bids |
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on an open market solicitation for hospital goods or services for |
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the vocational rehabilitation program in a specific area of the |
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state, the vocational rehabilitation program, after making a |
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written determination that an open market award is not available, |
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may negotiate with and award the contract to any qualified vendor |
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who meets the requirements of the original solicitation: |
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(1) at a price consistent with the current market |
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value of the goods or services; and |
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(2) for a term not to exceed five years. |
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SECTION 2. Section 352.060, Labor Code, as added by this |
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Act, takes effect immediately if this Act receives a vote of |
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two-thirds of all the members elected to each house, as provided by |
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Section 39, Article III, Texas Constitution. If this Act does not |
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receive the vote necessary for immediate effect, those provisions |
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take effect September 1, 2025. |