This section lets the comptroller delegate some purchasing authority to state agencies, sets a $50,000 delegation threshold, requires competitive bidding above $10,000 in written contracts, and limits what goods may be bought under delegated purchasing.
Sec. 2155.132. PURCHASES LESS THAN SPECIFIED MONETARY AMOUNT. (a) A state agency is delegated the authority to purchase goods and services if the purchase does not exceed $50,000. If the comptroller determines that a state agency has not followed the comptroller's rules or the laws related to the delegated purchases, the comptroller shall report its determination to the members of the state agency's governing body and to the governor, lieutenant governor, speaker of the house of representatives, and Legislative Budget Board. (b) The comptroller by rule may delegate to a state agency the authority to purchase goods and services if the purchase exceeds $50,000. In delegating purchasing authority under this subsection or Section 2155.131, the comptroller shall consider factors relevant to a state agency's ability to perform purchasing functions, including: (1) the capabilities of the agency's purchasing staff and the existence of automated purchasing tools at the agency; (2) the certification levels held by the agency's purchasing personnel; (3) the results of the comptroller's procurement review audits of an agency's purchasing practices; and (4) whether the agency has adopted and published protest procedures consistent with those of the comptroller as part of its purchasing rules. (c) The comptroller shall monitor the purchasing practices of state agencies that are making delegated purchases under Subsection (b) or Section 2155.131 to ensure that the certification levels of the agency's purchasing personnel and the quality of the agency's purchasing practices continue to warrant the amount of delegated authority provided by the comptroller to the agency. The comptroller may revoke for cause all or part of the purchasing authority that the comptroller delegated to a state agency. The comptroller shall adopt rules to administer this subsection. (d) The comptroller by rule: (1) shall prescribe procedures for a delegated purchase; and (2) shall prescribe procedures by which agencies may use the comptroller's services for delegated purchases, in accordance with Section 2155.082. (e) Competitive bidding, whether formal or informal, is required for a purchase by a state agency if the purchase: (1) exceeds $10,000; and (2) is made under a written contract. (f) Goods purchased under this section may not include: (1) an item for which a contract has been awarded under the contract purchase procedure, unless the quantity purchased is less than the minimum quantity specified in the contract; (2) an item required by statute to be purchased from a particular source; or (3) a scheduled item that has been designated for purchase by the comptroller. (g) A large purchase may not be divided into small lot purchases to meet the dollar limits prescribed by this section. The comptroller may not require that unrelated purchases be combined into one purchase order to exceed the dollar limits prescribed by this section. (h) A state agency making a purchase under this section for which competitive bidding is required must: (1) attempt to obtain at least three competitive bids from sources listed on the master bidders list that normally offer for sale the goods being purchased; and (2) comply with Subchapter E. Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1, 1995. Amended by Acts 1997, 75th Leg., ch. 1206, Sec. 7, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 1499, Sec. 1.17, eff. Sept. 1, 1999. Amended by: Acts 2007, 80th Leg., R.S., Ch. 1354 (H.B. 119), Sec. 1, eff. September 1, 2007. Acts 2019, 86th Leg., R.S., Ch. 1071 (H.B. 1524), Sec. 25, eff. September 1, 2019. Acts 2021, 87th Leg., R.S., Ch. 855 (S.B. 799), Sec. 8, eff. September 1, 2021.