Relating to powers and duties of the Texas Workforce Commission with respect to the procurement of goods and services for the provision of vocational rehabilitation services, the official text

H.B. No. 2791

AN ACT

relating to powers and duties of the Texas Workforce Commission

with respect to the procurement of goods and services for the

provision of vocational rehabilitation services.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subchapter B, Chapter 352, 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 goods or services related

to the commission's provision of vocational rehabilitation

services as necessary to perform any of the commission's powers or

duties under this chapter.

(b) The commission may acquire goods and services described

by Subsection (a) by any procurement method approved by the

commission that provides the best value to the commission. The

commission shall document that the commission considered all

relevant factors under Subsection (c) in making the acquisition.

(c) The commission shall consider all relevant factors in

determining the best value, including:

(1) any installation costs;

(2) the delivery terms;

(3) the quality and reliability of the vendor's goods

or services;

(4) the extent to which the goods or services meet the

needs of the individuals receiving vocational rehabilitation

services from the commission under this chapter;

(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

maintenance agreements;

(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

the acquisition;

(9) the effect of an acquisition on commission

productivity;

(10) the acquisition price; and

(11) any other factor relevant to determining the best

value for the commission in the context of a particular

acquisition.

(d) The commission may adopt rules and procedures for the

acquisition of goods and services under this section, including

rules allowing the commission to purchase vocational

rehabilitation services through an open-enrollment contracting

method if the commission determines that the best interests of the

state are served by enrolling multiple vendors.

(e) If the commission does not receive any responsive bids

on an open market solicitation for goods or services for the

vocational rehabilitation program in a specific area of the state,

the commission, 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. The change in law made by this Act applies only

to the acquisition of goods or services made on or after the

effective date of this Act.

SECTION 3. This Act takes effect immediately if it 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, this

Act takes effect September 1, 2025.

______________________________
______________________________

President of the Senate
Speaker of the House

I certify that H.B. No. 2791 was passed by the House on April

29, 2025, by the following vote: Yeas 125, Nays 19, 1 present, not

voting.

______________________________

Chief Clerk of the House

I certify that H.B. No. 2791 was passed by the Senate on May

25, 2025, by the following vote: Yeas 30, Nays 1.

______________________________

Secretary of the Senate

APPROVED: _____________________

Date

_____________________

Governor