HBA-EDN H.B. 3200 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 3200
By: Brimer
State Affairs
4/11/2001
Introduced



BACKGROUND AND PURPOSE 

One of the initial statutory duties of the Department of Information
Resources (DIR) was to review and approve all information technology
purchases by state agencies.  Consequently, DIR's employee and board member
conflict of interest provision was broadly drafted to address the
possibility of conflicts of interest as DIR staff reviewed and approved
other agencies' information technology purchases.  Although DIR no longer
reviews and approves other agencies' information technology purchases, the
conflict of interest statute has not been narrowed.  This effectively
leaves DIR in the position of not hiring anyone above a certain salary if
they are married to an individual who is employed by, or consults for, an
information resources technology company.  House Bill 3200 removes this
provision and narrows the conflict of interest statute for DIR employees.  

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

ANALYSIS

House Bill 3200 amends the Government Code to require the Department of
Information Resources (DIR) to remove from the bidding process, including
development of the proposal through award of the contract and contract
negotiation, any employee who receives more than 5 percent of the
individual's income from any likely respondent to a bid proposal issued by
DIR, or whose spouse is employed by any likely respondent to a bid proposal
issued by DIR.  The bill removes the provision prohibiting DIR from
employing a person who earns a certain salary or whose spouse is employed
by or consults for an information resources technology company.     

EFFECTIVE DATE

September 1, 2001.