PURCHASING: MISCELLANEOUS PROVISIONS FOR PURCHASE OF CERTAIN GOODS AND SERVICES

Tex. GOV'T Code ch. 2158

in effect

Tex. GOV'T Code § 2158.001. DEFINITIONS.

In this subchapter: (1) "Conventional gasoline" means any gasoline that does not meet specifications set by a certification under Section 211(k) of the federal Clean Air Act (42 U.S.C. Section 7545(k)). (2) "Golf cart" has the meaning assigned by Section 551.401 , Transportation Code. (3) "Light-duty motor vehicle" has the meaning assigned by Section 386.151 , Health and Safety Code. (4) "Motor vehicle" has the meaning assigned by Section 386.151 , Health and Safety Code. (5) "Neighborhood electric vehicle" means a motor vehicle that: (A) is originally manufactured to meet, and does meet, the equipment requirements and safety standards established for "low-speed vehicles" in Federal Motor Vehicle Safety Standard 500 (49 C.F.R. Section 571.500); (B) is a slow-moving vehicle, as defined by Section 547.001 , Transportation Code, that is able to attain a speed of more than 20 miles per hour but not more than 25 miles per hour in one mile on a paved, level surface; (C) is a four-wheeled motor vehicle; (D) is powered by electricity or alternative power sources; (E) has a gross vehicle weight rating of less than 3,000 pounds; and (F) is not a golf cart. (6) "Plug-in hybrid motor vehicle" means a vehicle that: (A) draws motive power from a battery with a capacity of at least four kilowatt-hours; (B) can be recharged from an external source of electricity for motive power; and (C) is a light-duty motor vehicle capable of operating at highway speeds, excluding golf carts and neighborhood electric vehicles. Added by Acts 1997, 75th Leg., ch. 165, Sec. 17.02(a), eff. Sept. 1, 1997. Acts 2009, 81st Leg., R.S., Ch. 900 (H.B. 432 ), Sec. 1, eff. September 1, 2009.

Tex. GOV'T Code § 2158.002. APPLICABILITY.

This subchapter does not apply to a vehicle acquired by the Texas Transportation Institute for the purpose of performing crash tests and related research. Added by Acts 1997, 75th Leg., ch. 165, Sec. 17.02(a), eff. Sept. 1, 1997.

Tex. GOV'T Code § 2158.004. VEHICLES USING ALTERNATIVE FUELS.

(a) A state agency operating a fleet of more than 15 vehicles, excluding law enforcement and emergency vehicles, may not purchase or lease a motor vehicle unless that vehicle uses compressed natural gas, liquefied natural gas, liquefied petroleum gas, methanol or methanol/gasoline blends of 85 percent or greater, ethanol or ethanol/gasoline blends of 85 percent or greater, biodiesel or biodiesel/diesel blends of 20 percent or greater, or electricity, including electricity to power a plug-in hybrid motor vehicle. (b) A state agency may obtain equipment or refueling facilities necessary to operate vehicles using compressed natural gas, liquefied natural gas, liquefied petroleum gas, methanol or methanol/gasoline blends of 85 percent or greater, ethanol or ethanol/gasoline blends of 85 percent or greater, biodiesel or biodiesel/diesel blends of 20 percent or greater, or electricity, including electricity to power a plug-in hybrid motor vehicle: (1) by purchase or lease as authorized by law; (2) by gift or loan of the equipment or facilities; or (3) by gift or loan of the equipment or facilities or by another arrangement under a service contract for the supply of compressed natural gas, liquefied natural gas, liquefied petroleum gas, methanol or methanol/gasoline blends of 85 percent or greater, ethanol or ethanol/gasoline blends of 85 percent or greater, biodiesel or biodiesel/diesel blends of 20 percent or greater, or electricity, including electricity to power a plug-in hybrid motor vehicle. (c) If the equipment or facilities are donated, loaned, or provided through another arrangement with the supplier of compressed natural gas, liquefied natural gas, liquefied petroleum gas, methanol or methanol/gasoline blends of 85 percent or greater, ethanol or ethanol/gasoline blends of 85 percent or greater, biodiesel or biodiesel/diesel blends of 20 percent or greater, or electricity, including electricity to power a plug-in hybrid motor vehicle, the supplier is entitled to recoup its actual cost of donating, loaning, or providing the equipment or facilities through its fuel charges under the supply contract. (d) The comptroller may waive the requirements of this section for a state agency on receipt of certification supported by evidence acceptable to the comptroller that: (1) the agency's vehicles will be operating primarily in an area in which neither the agency nor a supplier has or can reasonably be expected to establish adequate refueling for compressed natural gas, liquefied natural gas, liquefied petroleum gas, methanol or methanol/gasoline blends of 85 percent or greater, ethanol or ethanol/gasoline blends of 85 percent or greater, biodiesel or biodiesel/diesel blends of 20 percent or greater, or electricity, including electricity to power a plug-in hybrid motor vehicle; or (2) the agency is unable to obtain equipment or refueling facilities necessary to operate vehicles using compressed natural gas, liquefied natural gas, liquefied petroleum gas, methanol or methanol/gasoline blends of 85 percent or greater, ethanol or ethanol/gasoline blends of 85 percent or greater, biodiesel or biodiesel/diesel blends of 20 percent or greater, or electricity, including electricity to power a plug-in hybrid motor vehicle, at a projected cost that is reasonably expected to be no greater than the net costs of continued use of conventional gasoline or diesel fuels, measured over the expected useful life of the equipment or facilities supplied. (e) Except for the purchase or lease of a motor vehicle for use in a nonattainment area designated under Section 107(d) of the federal Clean Air Act (42 U.S.C. Section 7407), as amended, Subsection (a) does not apply to a purchase or lease by the Railroad Commission of Texas. Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1, 1995. Renumbered from Government Code Sec. 2158.002 and amended by Acts 1997, 75th Leg., ch. 165, Sec. 17.02(a); Acts 2003, 78th Leg., ch. 518, Sec. 1, June 20, 2003; Acts 2003, 78th Leg., ch. 1272, Sec. 3, eff. Sept. 1, 2003. Acts 2009, 81st Leg., R.S., Ch. 900 (H.B. 432 ), Sec. 4, eff. September 1, 2009.

Tex. GOV'T Code § 2158.005. PERCENTAGE REQUIREMENTS FOR VEHICLES USING ALTERNATIVE FUELS.

(a) Not later than September 30, 2010, a state agency that operates a fleet of more than 15 motor vehicles, excluding law enforcement and emergency vehicles, shall have a fleet consisting of vehicles of which at least 50 percent use compressed natural gas, liquefied natural gas, liquefied petroleum gas, methanol or methanol/gasoline blends of 85 percent or greater, ethanol or ethanol/gasoline blends of 85 percent or greater, biodiesel or biodiesel/diesel blends of 20 percent or greater, or electricity, including electricity to power a plug-in hybrid motor vehicle. (b) The Texas Commission on Environmental Quality shall collect reasonable information needed to determine the air quality benefits from use of compressed natural gas, liquefied natural gas, liquefied petroleum gas, methanol or methanol/gasoline blends of 85 percent or greater, ethanol or ethanol/gasoline blends of 85 percent or greater, biodiesel or biodiesel/diesel blends of 20 percent or greater, or electricity, including electricity to power a plug-in hybrid motor vehicle, at affected agencies. (c) A state agency in its annual financial report to the legislature shall report its progress in achieving the percentage requirements of this section by: (1) itemizing purchases, leases, and conversions of motor vehicles; (2) itemizing usage of compressed natural gas, liquefied natural gas, liquefied petroleum gas, methanol or methanol/gasoline blends of 85 percent or greater, ethanol or ethanol/gasoline blends of 85 percent or greater, biodiesel or biodiesel/diesel blends of 20 percent or greater, or electricity, including electricity to power a plug-in hybrid motor vehicle; (3) describing the availability of compressed natural gas, liquefied natural gas, liquefied petroleum gas, methanol or methanol/gasoline blends of 85 percent or greater, ethanol or ethanol/gasoline blends of 85 percent or greater, biodiesel or biodiesel/diesel blends of 20 percent or greater, or electricity, including electricity to power a plug-in hybrid motor vehicle; and (4) providing the information reasonably needed to determine the air quality benefits from use of compressed natural gas, liquefied natural gas, liquefied petroleum gas, methanol or methanol/gasoline blends of 85 percent or greater, ethanol or ethanol/gasoline blends of 85 percent or greater, biodiesel or biodiesel/diesel blends of 20 percent or greater, or electricity, including electricity to power a plug-in hybrid motor vehicle. (d) A state agency may meet the percentage requirements of this section through purchase of new vehicles or the conversion of existing vehicles, in accordance with federal and state requirements and applicable safety laws. The Texas State Technical College System shall develop a program and provide training to a state agency converting an existing vehicle to meet the requirements of this section. (e) The comptroller may reduce a percentage specified by this section or waive the requirements of this section for a state agency on receipt of certification supported by evidence acceptable to the comptroller that: (1) the agency's vehicles will be operating primarily in an area in which neither the agency nor a supplier has or can reasonably be expected to establish adequate refueling for compressed natural gas, liquefied natural gas, liquefied petroleum gas, methanol or methanol/gasoline blends of 85 percent or greater, ethanol or ethanol/gasoline blends of 85 percent or greater, biodiesel or biodiesel/diesel blends of 20 percent or greater, or electricity, including electricity to power a plug-in hybrid motor vehicle; or (2) the agency is unable to obtain equipment or refueling facilities necessary to operate vehicles using compressed natural gas, liquefied natural gas, liquefied petroleum gas, methanol or methanol/gasoline blends of 85 percent or greater, ethanol or ethanol/gasoline blends of 85 percent or greater, biodiesel or biodiesel/diesel blends of 20 percent or greater, or electricity, including electricity to power a plug-in hybrid motor vehicle, at a projected cost that is reasonably expected to be no greater than the net costs of continued use of conventional gasoline or diesel fuels, measured over the expected useful life of the equipment or facilities supplied. Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1, 1995. Renumbered from Government Code Sec. 2158.003 and amended by Acts 1997, 75th Leg., ch. 165, Sec. 17.02(a). Acts 2009, 81st Leg., R.S., Ch. 900 (H.B. 432 ), Sec. 5, eff. September 1, 2009.

Tex. GOV'T Code § 2158.006. DETERMINATION OF ALTERNATIVE FUELS PROGRAM PARAMETERS.

In developing the use of compressed natural gas, liquefied natural gas, liquefied petroleum gas, methanol or methanol/gasoline blends of 85 percent or greater, ethanol or ethanol/gasoline blends of 85 percent or greater, biodiesel or biodiesel/diesel blends of 20 percent or greater, or electricity, including electricity to power a plug-in hybrid motor vehicle, the comptroller should work with state agency fleet operators, vehicle manufacturers and converters, fuel distributors, and others to determine the vehicles to be covered, taking into consideration: (1) range; (2) specialty uses; (3) fuel availability; (4) vehicle manufacturing and conversion capability; (5) safety; (6) resale values; and (7) other relevant factors. Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1, 1995. Renumbered from Government Code Sec. 2158.004 and amended by Acts 1997, 75th Leg., ch. 165, Sec. 17.02(a). Acts 2009, 81st Leg., R.S., Ch. 900 (H.B. 432 ), Sec. 5, eff. September 1, 2009.

Tex. GOV'T Code § 2158.007. COMPLIANCE WITH APPLICABLE SAFETY STANDARDS.

In purchasing, leasing, maintaining, or converting vehicles for use with compressed natural gas, liquefied natural gas, liquefied petroleum gas, methanol or methanol/gasoline blends of 85 percent or greater, ethanol or ethanol/gasoline blends of 85 percent or greater, biodiesel or biodiesel/diesel blends of 20 percent or greater, or electricity, including electricity to power a plug-in hybrid motor vehicle, the comptroller shall comply with all applicable safety standards adopted by the United States Department of Transportation and the Railroad Commission of Texas. Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1, 1995. Renumbered from Government Code Sec. 2158.005 and amended by Acts 1997, 75th Leg., ch. 165, Sec. 17.02(a). Acts 2009, 81st Leg., R.S., Ch. 900 (H.B. 432 ), Sec. 5, eff. September 1, 2009.

Tex. GOV'T Code § 2158.008. WHEN VEHICLE CONSIDERED TO BE USING ALTERNATIVE FUELS.

In this subchapter, a vehicle is considered to be using compressed natural gas, liquefied natural gas, liquefied petroleum gas, methanol or methanol/gasoline blends of 85 percent or greater, ethanol or ethanol/gasoline blends of 85 percent or greater, biodiesel or biodiesel/diesel blends of 20 percent or greater, or electricity, including electricity to power a plug-in hybrid motor vehicle, if the vehicle uses those fuels: (1) not less than 80 percent of the time the vehicle is driven; and (2) either in its original equipment engine or in an engine that has been converted to use those fuels. Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1, 1995. Renumbered from Government Code Sec. 2158.006 and amended by Acts 1997, 75th Leg., ch. 165, Sec. 17.02(a). Acts 2009, 81st Leg., R.S., Ch. 900 (H.B. 432 ), Sec. 5, eff. September 1, 2009.

Tex. GOV'T Code § 2158.009. LOW-EMISSIONS VEHICLES PURCHASING REQUIREMENT.

(a) Repealed by Acts 2009, 81st Leg., R.S., Ch. 900, Sec. 7, eff. September 1, 2009. (b) A state agency authorized to purchase passenger vehicles or other ground transportation vehicles for general use shall ensure that not less than 25 percent of the vehicles the agency purchases during any state fiscal biennium, other than vehicles the purchase of which is exempted from this subsection by Subsection (c) or (d), are vehicles that meet or exceed the emissions standards necessary to be rated by the United States Environmental Protection Agency as a Tier II, Bin 3, emissions standard vehicle that has a greenhouse gas score of eight under regulations of that agency as they existed September 1, 2007. (c) A state agency is exempt from Subsection (b) to the extent that a vehicle described by that subsection that meets the agency's operational needs is not commercially available. (d) Subsection (b) does not apply to a state agency's purchase of a vehicle to be used by a peace officer, as defined by Article 2A.001 , Code of Criminal Procedure, whose duties include the apprehension of persons for violation of a criminal law of this state. Added by Acts 2007, 80th Leg., R.S., Ch. 1221 (H.B. 2293 ), Sec. 1, eff. September 1, 2007. Acts 2009, 81st Leg., R.S., Ch. 900 (H.B. 432 ), Sec. 6, eff. September 1, 2009. Acts 2009, 81st Leg., R.S., Ch. 900 (H.B. 432 ), Sec. 7, eff. September 1, 2009. SUBCHAPTER C. OTHER CONTRACTS FOR PRINTING SERVICES

Tex. GOV'T Code § 2158.0011. COMPTROLLER POWERS AND DUTIES.

The comptroller has under this chapter the powers and duties described by Section 2151.004 (d). Added by Acts 2007, 80th Leg., R.S., Ch. 937 (H.B. 3560 ), Sec. 1.20, eff. September 1, 2007.

Tex. GOV'T Code § 2158.0012. AUTHORITY TO ADOPT RULES.

The comptroller may adopt rules to efficiently and effectively administer this chapter. Before adopting a rule under this section, the comptroller must conduct a public hearing regarding the proposed rule regardless of whether the requirements of Section 2001.029 (b) are met. Added by Acts 2007, 80th Leg., R.S., Ch. 937 (H.B. 3560 ), Sec. 1.20, eff. September 1, 2007.

Tex. GOV'T Code § 2158.0013. APPLICABILITY OF SUBCHAPTER.

The purchasing requirements relating to alternatively fueled vehicles established by this subchapter do not apply if a state agency demonstrates that the state agency will incur net costs in meeting the requirements of this subchapter. Added by Acts 2009, 81st Leg., R.S., Ch. 900 (H.B. 432 ), Sec. 2, eff. September 1, 2009.

Tex. GOV'T Code § 2158.0031. PURCHASE PREFERENCE FOR AMERICAN VEHICLES.

A state agency authorized to purchase passenger vehicles or other ground transportation vehicles for general use shall purchase economical, fuel-efficient vehicles assembled in the United States unless such a purchase would have a significant detrimental effect on the use to which the vehicles will be put. Added by Acts 1999, 76th Leg., ch. 1499, Sec. 1.20, eff. Sept. 1, 1999.

Tex. GOV'T Code § 2158.121. PROHIBITION APPLICABLE TO OTHER PRINTING CONTRACTS; OFFENSE; PENALTY.

(a) Except as otherwise provided by a contract or agreement with the state authorized by this subchapter, a person doing printing under contract for the state commits an offense if the person reproduces, prints, prepares, sells, or furnishes the printing or printed matter, a reprint, reproduction, or copy of the printing or printed matter, or a plate, type, mat, cut, or engraving from which the printing contract was executed, in an amount other than that agreed to be printed and furnished to the state under the contract. (b) An offense under this section is a misdemeanor punishable by: (1) a fine of not less than $100 or more than $1,000; and (2) confinement in jail for not more than 30 days if the offender is an individual. (c) Conviction of an agent or employee under this section does not bar conviction of a principal. (d) This subchapter does not apply to the printing and sale to the public of copies of the general and special laws by the printer of the laws under a contract authorized by Subchapter B. Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1, 1995.

Tex. GOV'T Code § 2158.122. EXCEPTION TO PROHIBITION.

(a) On consent of the comptroller and the governor, a person may print extra copies of matter printed under a state contract and sell the copies at a price fixed by the comptroller if in the opinion of the comptroller and the governor the printed matter should be distributed in this manner for the benefit of the public. (b) A contract for the printing and sale of extra copies under this section must be approved by the attorney general. Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1, 1995.

Tex. GOV'T Code § 2158.123. STATE PRINTING CONTRACTS.

In this chapter and Chapters 2155 , 2156 , and 2157 , printing is considered to be performed for the state if the printing is done under contract for: (1) the legislature, including either house of the legislature; (2) a state department, board, or commission; (3) a court; (4) an officer or agent of the state; or (5) the state. Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1, 1995. SUBCHAPTER D. PURCHASE OF ELECTRICAL ITEMS

Tex. GOV'T Code § 2158.181. SAFETY STANDARDS FOR ELECTRICAL ITEMS.

The comptroller or another state agency may not purchase an electrical item unless the item meets applicable safety standards of the federal Occupational Safety and Health Administration. Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1, 1995. SUBCHAPTER E. RECYCLED PRODUCTS

Tex. GOV'T Code § 2158.241. INTERSTATE COMPACTS AND COOPERATIVE AGREEMENTS FOR PROCURING RECYCLED PRODUCTS.

The comptroller may enter into compacts and cooperative agreements with other states and government entities for procuring products made of recycled materials when the comptroller determines it is in the best interest of the state. Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1, 1995. Amended by Acts 1999, 76th Leg., ch. 426, Sec. 15, eff. June 18, 1999. Subchapter F, consisting of Secs. 2158.301, was added by Acts 2007, 80th Leg., R.S., Ch. 262 (S.B. 12 ), Sec. 3.05. For another Subchapter F, consisting of Secs. 2158.301, added by Acts 2007, 80th Leg., R.S., Ch. 939 (H.B. 3693 ), Sec. 5, see Sec. 2158.301 et seq., post. SUBCHAPTER F. ENERGY AND EFFICIENCY STANDARDS FOR EQUIPMENT AND APPLIANCES

Tex. GOV'T Code § 2158.301. ENERGY CONSERVATION.

If available and cost-effective, a state agency shall purchase equipment and appliances for state use that meet or exceed: (1) the federal energy conservation standards under Section 325, Energy Policy and Conservation Act (42 U.S.C. Section 6295), or a federal regulation adopted under that Act; or (2) the federal Energy Star standards designated by the United States Environmental Protection Agency and the United States Department of Energy. Added by Acts 2007, 80th Leg., R.S., Ch. 939 (H.B. 3693 ), Sec. 5, eff. September 1, 2007. SUBCHAPTER H. PURCHASE OF PHARMACY BENEFIT MANAGER SERVICES

Tex. GOV'T Code § 2158.401. DEFINITION; APPLICABILITY.

(a) In this subchapter, "state agency" means a board, commission, department, office, or other agency in the executive, legislative, or judicial branch of state government that is created by the constitution or a statute of this state, including an institution of higher education as defined by Section 61.003 , Education Code. (b) This subchapter applies in relation to a state agency contract or proposed contract for pharmacy benefit manager services without regard to whether the contract or proposed contract is otherwise subject to this subtitle. Added by Acts 2009, 81st Leg., R.S., Ch. 1207 (S.B. 704 ), Sec. 1, eff. September 1, 2009.

Tex. GOV'T Code § 2158.402. REQUIRED DISCLOSURE.

(a) A state agency on request of another state agency shall disclose information relating to the amounts charged by a pharmacy benefit manager for pharmacy benefit manager services provided under a prescription drug program and other requested pricing information related to a contract for pharmacy benefit manager services. A state agency shall provide information requested under this section not later than the 30th day after the date the information is requested. (b) Subsection (a) does not require a state agency to disclose information the agency is specifically prohibited from disclosing under a contract with a pharmacy benefit manager executed before September 1, 2009. (c) A contract entered, amended, or extended on or after September 1, 2009, may not contain a provision that prohibits a state agency from disclosing under this subchapter information on the amounts charged by a pharmacy benefit manager for pharmacy benefit manager services provided under a prescription drug program or from disclosing under this subchapter other pricing information related to the contract. Added by Acts 2009, 81st Leg., R.S., Ch. 1207 (S.B. 704 ), Sec. 1, eff. September 1, 2009.

Tex. GOV'T Code § 2158.403. CONFIDENTIALITY.

The information received by a state agency under this subchapter may not be disclosed to a person outside of the state agency or its agents. Added by Acts 2009, 81st Leg., R.S., Ch. 1207 (S.B. 704 ), Sec. 1, eff. September 1, 2009.

Source: TX Statutes (Official Site)URL: https://statutes.capitol.texas.gov/Fetched: 6/29/2026