HB3088

Regular Session

Relating to the authority of the Parks and Wildlife Department to procure goods and services related to items for resale by the department.

ModeratePlan for compliance

Low Cost

Effective:2025-06-20

Enforcing Agencies

Texas Parks and Wildlife Department

Compliance Analysis

Key implementation requirements and action items for compliance with this legislation

Implementation Timeline

Effective Date: June 20, 2025 (Immediate effect due to supermajority vote).
Compliance Deadline: Immediate. While the agency must adopt internal procedures, vendors must be prepared to negotiate under new terms instantly upon agency readiness.
Agency Rulemaking: The TPWD Commission must formally approve the specific "method" of procurement before utilizing this authority. A regulatory gray zone exists between the effective date and the Commission's first docketed approval (anticipated within 60-90 days).

Immediate Action Plan

1. Contact Procurement Officers: Do not wait for an RFP. Direct sales leadership to contact TPWD immediately to inquire about the timeline for the new "resale procurement standards."
2. Revise Pitch Decks: Rebuild sales materials to highlight revenue generation for the state rather than low cost. Include case studies of product performance.
3. Audit Insurance: Verify that Product Liability and Completed Operations coverage is active and meets standard state minimums to prevent disqualification during the expedited vetting process.
4. Monitor Commission Docket: Assign staff to watch the TPWD Commission agenda for the formal adoption of the procurement method.

Operational Changes Required

Contracts

Negotiation Shift: Standard "Invitation for Bid" (IFB) templates will likely be replaced by commercial agreements. Legal teams must prepare for performance-based clauses where contract retention is tied to sales volume/sell-through rates.
Terms: Expect requests for consignment models or "guaranteed sale" (buy-back) provisions, which are now permissible to maximize state revenue.

Hiring/Training

Sales Strategy: Sales teams must pivot from monitoring state bid boards to proactive business development. Train staff to pitch margin analysis and consumer demand data rather than lowest unit cost.
Risk Management: Ensure legal staff understands the intersection of commercial retail terms and state sovereign immunity; the state will not waive indemnification.

Reporting & Record-Keeping

Value Justification: Vendors must generate and maintain data sheets demonstrating sell-through rates in comparable retail environments (e.g., private campgrounds, big-box outdoor retailers).
Inventory Metrics: You will be required to report on fulfillment speeds and stock reliability more rigorously, as "out of stock" status directly impacts the "Best Value" assessment.

Fees & Costs

No Statutory Fees: The bill does not impose new filing fees.
Insurance Costs: Expect stricter enforcement of Product Liability insurance limits ($1M per occurrence minimum) as the vetting process accelerates.

Strategic Ambiguities & Considerations

The legislature has granted TPWD broad discretion, creating three specific areas to watch:

1. Scope of "Related Services": The law applies to services "related to" resale items. It is currently undefined whether this includes merchandising consultants, point-of-sale marketing agencies, or store layout designers. Service providers in these niches should argue for inclusion.
2. Definition of "Best Value": The statute does not define the metrics for "Best Value" in this specific context. Rulemaking will determine if this is calculated purely by profit margin or if it includes secondary factors like sustainability or Texas-based sourcing.
3. Approval Granularity: It is unclear if the Commission will approve a blanket procurement method or require category-specific approvals. A blanket approval favors speed; category approval favors incumbent vendors.

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Legislative Timeline

This bill's path through the Texas Legislature

TopicsParks & Wildlife Parks & Wildlife--general Purchasing Purchasing--state Competitive Bidding Parks & Wildlife Department

Official Analysis

View HRO Analysis View All Bill Documents

BILL ANALYSIS

C.S.H.B. 3088

By: Orr

Culture, Recreation & Tourism

Committee Report (Substituted)

BACKGROUND AND PURPOSE

The bill author has informed the committee that state competitive bidding requirements hamper the ability of TPWD to offer site-specific goods for resale at state park gift shops and other concession operations and that, while bidding requirements remain necessary, their current structure focuses on purchases for or related to agency consumption rather than purchases for retail operations. The bill author has further informed the committee that these requirements have led to TPWD having difficulty procuring private concessionaires and items for locations across the state. C.S.H.B. 3088 seeks to address this issue and allow TPWD to more easily acquire site-specific and customized products by granting TPWD targeted authority to procure goods and services related to items for resale by TPWD.

CRIMINAL JUSTICE IMPACT

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

C.S.H.B. 3088 amends the Parks and Wildlife Code to authorize the Parks and Wildlife Department (TPWD), for purposes of meeting TPWD's business needs and increasing revenue potential, to procure goods and services related to items for resale by TPWD by any method approved by the Parks and Wildlife Commission, provided the method provides the best value to TPWD.

EFFECTIVE DATE

September 1, 2025.

COMPARISON OF INTRODUCED AND SUBSTITUTE

While C.S.H.B. 3088 may differ from the introduced in minor or nonsubstantive ways, the following summarizes the substantial differences between the introduced and committee substitute versions of the bill.

With respect to meeting the business needs of TPWD and increasing revenue potential, whereas the introduced authorized TPWD's executive director to establish standards and procedures for purchasing goods for resale by TPWD and established that those standards and procedures are not required to satisfy state procurement requirements related to competitive bidding or the use of state contracts, the substitute instead authorizes TPWD to procure goods and services related to items for resale by TPWD by any method approved by the Parks and Wildlife Commission, provided the method provides the best value to TPWD.

House Authors

Rep. Angelia OrrRepublican · Primary Author

Joint Authors

Coauthors (3)

Senate Sponsors

Sen. Kelly HancockRepublican · Primary Sponsor

Cosponsors (1)

Tan Parker (R)

Bill Text(with markup)

H.B. No. 3088

View bill text in multiple formats on Texas Legislature website

Fiscal NoteView Original

	AN ACT
	relating to the authority of the Parks and Wildlife Department to
	procure goods and services related to items for resale by the
	department.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1. Section 11.0171, Parks and Wildlife Code, is
	amended by adding Subsection (e) to read as follows:
	(e) To meet the business needs of the department and
	increase revenue potential, the department may procure goods and
	services related to items for resale by the department by any method
	approved by the commission, provided the method provides the best
	value to the department.
	SECTION 2. This Act takes effect September 1, 2025.

LEGISLATIVE BUDGET BOARD
Austin, Texas

FISCAL NOTE, 89TH LEGISLATIVE REGULAR SESSION


April 7, 2025

TO:	Honorable Will Metcalf, Chair, House Committee on Culture, Recreation & Tourism

FROM:	Jerry McGinty, Director, Legislative Budget Board

IN RE:	HB3088 by Orr (Relating to standards and procedures for purchasing goods for resale by the Parks and Wildlife Department.), As Introduced

The fiscal implications of the bill cannot be determined because the amount of revenue that would increase under any new standards that would be established by the Executive Director for purchasing goods for resale by TPWD is unknown.

The bill would make no appropriation but could provide the legal basis for an appropriation of funds to implement the provisions of the bill.

This bill would amend the Parks and Wildlife Code (Authority to Contract) to allow the executive director of the Texas Parks and Wildlife Department (TPWD) to establish standards and procedures for purchasing goods for resale to meet the need of TPWD and increase revenue potential. The standards and procedures that could be set by the executive director would not be required to satisfy state procurement requirements related to competitive bidding.

Based on the analysis of the Comptroller of Public Accounts, the revenue implications cannot be determined because the amount of revenue that would increase under any new standards that would be established by the Executive Director for purchasing goods for resale by TPWD is unknown.

Based on information provided by the Parks and Wildlife Department, it is assumed that any costs associated with the bill could be absorbed using existing resources.

Based on information provided by the Facilities Commission (TFC), this bill would have no fiscal impact to TFC.

Local Government Impact

No fiscal implication to units of local government is anticipated.

Source Agencies:

303 Facilities Commission, 304 Comptroller of Public Accounts, 802 Parks and Wildlife Department

LBB Staff:

JMc, TUf, MW, RSTE

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Frequently Asked Questions

Common questions about HB3088

What does Texas HB3088 do?

HB3088 fundamentally deregulates the supply chain for Texas Parks and Wildlife Department (TPWD) retail operations, effective immediately. The law removes strict competitive bidding requirements for goods and services intended for resale, allowing TPWD to adopt commercial-style "Best Value" procurement. Vendors providing inventory (souvenirs, outdoor gear, concessions) must shift their strategy from "lowest bid" to "highest revenue potential" to secure contracts.

Who authored HB3088?

HB3088 was authored by Texas Representative Angelia Orr during the Regular Session.

When was HB3088 signed into law?

HB3088 was signed into law by Governor Greg Abbott on June 20, 2025.

Which agencies enforce HB3088?

HB3088 is enforced by Texas Parks and Wildlife Department.

How urgent is compliance with HB3088?

The compliance urgency for HB3088 is rated as "moderate". Businesses and organizations should review the requirements and timeline to ensure timely compliance.

What is the cost impact of HB3088?

The cost impact of HB3088 is estimated as "low". This may vary based on industry and implementation requirements.

What topics does HB3088 address?

HB3088 addresses topics including parks & wildlife, parks & wildlife--general, purchasing, purchasing--state and competitive bidding.

Legislative data provided by LegiScanLast updated: November 25, 2025

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