Texas Government Code - GOV'T § 2155.070. Failure to Meet Specifications

(a) A state agency that determines that goods or services received under a contract administered by the comptroller do not meet specifications shall promptly notify the comptroller in writing of the reasons for the determination.  The comptroller shall immediately make its own determination of whether the goods and services meet specifications.

(b) The comptroller or a state agency, including an institution of higher education, has the authority to determine that goods and services exempted from the comptroller's purchasing authority meet or fail to meet specifications.

(c) On determining that contract specifications or conditions have not been met, the comptroller shall act against the defaulting contractor, with the assistance of the attorney general as necessary.

(d) If the comptroller receives repeated complaints against a vendor, the comptroller shall remove the vendor's name and the vendor's goods and services from the comptroller's bidders list for not longer than one year.  If complaints resume after the vendor is reinstated on the bidders list, the comptroller may bar the vendor from participating in state contracts for a period under Section 2155.077.