HB 2791

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