87R5598 MWC-D     By: Blanco S.B. No. 538       A BILL TO BE ENTITLED   AN ACT   relating to information technology purchased through the   Department of Information Resources.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Sections 2157.068(a) and (e-3), Government Code,   are amended to read as follows:          (a)  In this section, "commodity items" means commercial   software, hardware, or technology services, other than   telecommunications services, that are generally available to   businesses or the public and for which the department determines   that a reasonable demand exists from [in] two or more customers,   including state agencies and political subdivisions of this state,   entities described by Subsection (j), and governmental entities of   another state, that purchase the items through the department. The   term includes seat management, through which a customer [state   agency] transfers its personal computer equipment and service   responsibilities to a private vendor to manage the personal   computing needs for each desktop of the customer [in the state   agency], including all necessary hardware, software, and support   services.          (e-3)  The procedural requirements of Subsection (e-1) and   the limitation prescribed by Subsection (e-2) do not apply to a   state agency's purchase of commodity items under a department   contract for the bulk purchase of commodity items intended for use   by more than one customer [state agency].          SECTION 2.  Section 2157.182, Government Code, is amended to   read as follows:          Sec. 2157.182.  VALIDITY OF PREAPPROVED TERMS AND   CONDITIONS; RENEGOTIATION. (a) Preapproved terms and conditions   to which a vendor, the comptroller, and the department agree are   valid for the duration of the initial contract [two years after the   date of the agreement] and must include a provision authorizing the   department to renegotiate [provide that] the terms and conditions   at any time before the contract expires [are to be renegotiated   before the end of the two years].          (b)  The comptroller and the department jointly shall   establish procedures to ensure that terms and conditions may be   [are] renegotiated before they expire in a contract between the   vendor and a state agency.          SECTION 3.  Section 2157.182, Government Code, as amended by   this Act, applies only to a contract executed on or after the   effective date of this Act.  A contract executed before the   effective date of this Act is governed by the law as it existed   immediately before that date, and that law is continued in effect   for that purpose.          SECTION 4.  This Act takes effect September 1, 2021.