Texas Government Code 2155.067 – Proprietary Purchases
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(a) If, after review under § 2155.066, the comptroller finds that specifications and conditions of a purchase request describe a product that is proprietary to one vendor and do not permit an equivalent product to be supplied, the comptroller shall require the requesting state agency to justify in writing the specifications or conditions.
(b) The agency head or the presiding officer of the agency’s governing body must sign the written justification.
Terms Used In Texas Government Code 2155.067
- Comptroller: means the state comptroller of public accounts. See Texas Government Code 312.011
- in writing: includes any representation of words, letters, or figures, whether by writing, printing, or other means. See Texas Government Code 312.011
- Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.
- Written: includes any representation of words, letters, symbols, or figures. See Texas Government Code 311.005
(c) The written justification must:
(1) explain the need for the specifications;
(2) state the reason competing products are not satisfactory; and
(3) provide other information requested by the comptroller.
(d) If the comptroller requires a resubmission with written justification, the comptroller shall notify the requesting state agency of the requirement not later than the 10th day after the date of receiving the purchase request.
(e) Repealed by Acts 1997, 75th Leg., ch. 1206, Sec. 29, eff. Sept. 1, 1997.
(f) The comptroller shall issue an invitation to bid to vendors not later than the 20th day after the date of receiving the required written justification.
(g) Repealed by Acts 2003, 78th Leg., ch. 785, Sec. 75(2).