| (a) Definitions. The following words and terms, when
used in this section, shall have the following meanings, unless the
context clearly indicates otherwise.
(1) Consulting service--A study conducted for a state
agency or advice provided to a state agency under a contract that
does not involve the traditional relationship of employer and employee.
The term does not include a routine service that is necessary to the
functioning of a state agency's programs.
(2) Institution of higher education--Has the meaning
assigned by Education Code, §61.003 except the term does not
include a public junior college or a community college.
(3) Major consulting services contract--Has the meaning
assigned by Government Code, §2254.021(2).
(4) SPD--The Statewide Procurement Division of the
comptroller's office.
(5) State agency--Has the meaning assigned by Government
Code, §2151.002.
(b) Applicability of this section. This section applies
to a consulting service only to the extent Government Code, Chapter
2254, Subchapter B, applies to that service.
(c) Effect of noncompliance with this section or applicable
statutes.
(1) If a state agency contracts for a consulting service
or renews, amends, or extends a consulting services contract without
complying with the requirements of subsection (d) of this section
and Government Code, §§2254.029, 2254.030, 2254.0301, and
2254.033, then the contract, renewal, amendment, or extension is void.
(2) If a contract, renewal, amendment, or extension
is void under paragraph (1) of this subsection, then the comptroller
may not:
(A) draw a warrant or transmit funds to satisfy an
obligation under the contract, renewal, amendment, or extension; or
(B) reimburse a state agency for a payment made under
the contract, renewal, amendment, or extension.
(3) If a contract, renewal, amendment, or extension
is void under paragraph (1) of this subsection, then a state agency
may not make any payments under the contract, renewal, amendment,
or extension from any state or federal funds held in or outside the
state treasury.
(d) Renewals, amendments, or extensions of consulting
services contracts.
(1) A state agency must comply with this paragraph
when the agency intends to renew, amend, or extend a major consulting
services contract.
(A) If the renewal contract itself is not a major consulting
services contract or if the contract after the amendment or extension
is no longer a major consulting services contract, then the agency
shall file the information required by Government Code, §2254.030
with the secretary of state for publication in the Texas Register. The information must be
filed not later than the 20th day after either the date the renewal
contract is entered into or the date the original contract is amended
or extended.
(B) If the renewal contract itself is a major consulting
services contract or if the contract after the amendment or extension
is still a major consulting services contract, then the agency shall
comply with the requirements of Government Code, §2254.028(a)
and §2254.029.
(2) A state agency that intends to renew, amend, or
extend a consulting services contract that is not a major consulting
services contract shall comply with the requirements of Government
Code, §2254.028(a) and §2254.029 if the original contract
and either the renewal contract, the amendment, or the extension have
a reasonably foreseeable value totaling more than $15,000 if the agency
is not an institution of higher education or $25,000 if the agency
is an institution of higher education.
(e) Procurement of consulting services by SPD. If SPD
procures a consulting service for a state agency under Government
Code, §2254.040, then SPD must comply with any requirements of
this section and Government Code, Chapter 2254, Subchapter B that
would apply if the agency were procuring the consulting service directly.
(f) Purchase document requirements.
(1) In addition to the requirements of paragraph (2)
of this subsection, the purchase document submitted to the comptroller
that requests payment under a contract subject to that paragraph must
be supported by the following documentation:
(A) a copy of the original contract and, if the contract
has been renewed, amended, or extended, a copy of the renewal, amendment,
or extension;
(B) a copy of any written notice provided to the Legislative
Budget Board under Government Code, §2254.0301 if the amount
of the contract, including any renewal, amendment, or extension, exceeds
$14,000; and
(C) a statement that the payment complies with Government
Code, §§2155.004(a) - (b), 2254.026, 2254.027, and 2254.033.
(2) This paragraph applies when a purchase document
is submitted to the comptroller that requests a payment under either
a major consulting services contract (or a renewal, amendment, or
extension of a major consulting services contract) or a contract that
was not originally a major consulting services contract but whose
value after renewal, amendment, or extension totals more than $15,000
if the payer is not an institution of higher education or $25,000
if the payer is an institution of higher education. In addition to
the requirements of paragraph (1) of this subsection, the document
must be supported by the following documentation:
(A) a reference to the volume and page numbers of the Texas Register in which the requirements
of Government Code, §2254.029 and §2254.030, and, if applicable,
Government Code, §2254.028(c) and §2254.033(b) were fulfilled;
and
(B) a copy of the governor's finding of fact that the
consulting services are necessary if the finding is required by Government
Code, §§2254.028, 2254.031(a)(2), or 2254.031(c)(2), or
by any combination of those statutes.
(3) A state agency that has received the governor's
emergency waiver of the requirements of Government Code, Chapter 2254,
Subchapter B must include a copy of the waiver in the supporting documentation
for the contract for which the waiver was received.
(4) A state agency shall retain the supporting documentation
required by this subsection and provide that documentation to the
comptroller as required by §5.51 of this title (relating to Requirements
for Purchase Documents).
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