| (a) Purpose. This rule establishes the responsibilities
for approving and executing contracts required by the Texas Juvenile
Justice Department (TJJD).
(b) Applicability. This rule applies to all contracts
entered into by TJJD.
(c) Definitions. As used in this chapter, the following
terms have the following meanings, unless the context clearly indicates
otherwise.
(1) Board--the governing board of TJJD.
(2) Contract--a written contract between TJJD and another
party, either public or private, for goods or services or for a project
as defined by Section 2166.001, Government Code. As used in this chapter,
"contract" includes the following: letters of agreement; interagency/interlocal
agreements with other government entities; memorandums of understanding;
and other agreements in which state funds or services are exchanged
for the delivery of goods or performance of services.
(3) Total Value--The estimated dollar amount that a
state agency may be obligated to pay pursuant to the contract and
all executed and proposed amendments, extensions, and renewals of
the contract.
(d) Authority to Approve Contracts.
(1) Board Approval. TJJD staff must present certain
contracts to the board for approval, including but not limited to:
(A) any contract with a total value exceeding $500,000;
(B) any construction contract with a total value exceeding
$300,000;
(C) any change order(s) for a construction contract
that exceeds $150,000 individually or cumulatively, or a dollar amount
that causes the total value of the contract to exceed $300,000;
(D) any contract with a total value exceeding $15,000
for consulting services, as defined in Section 2254.021, Government
Code;
(E) any contract for architectural or engineering services;
(F) any contract for start-up residential operations;
and
(G) any other contract appropriate for board approval
as determined by the executive director.
(2) Agency Approval.
(A) The board delegates authority to the executive
director or designee to approve all contracts not listed in paragraph
(1) of this subsection.
(B) The board delegates authority to the executive
director or designee to approve a contract listed in paragraph (1)
of this subsection that is executed in response to an emergency, as
defined in 34 TAC §20.210.
(e) Authority to Execute Contracts. The board delegates
authority to the executive director to execute all contracts for TJJD.
This authority may be delegated by the executive director.
(f) Annual Contract Plan.
(1) TJJD staff must present to the board for its review
an annual plan that outlines TJJD's anticipated contracting actions
for the next fiscal year.
(2) As deemed necessary by the executive director or
designee, updates to the contract plan may be provided to the board
for review periodically throughout the fiscal year.
(g) Historically Underutilized Businesses. TJJD adopts
by reference 34 TAC Chapter 20, Subchapter D, Division 1, relating
to historically underutilized businesses.
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| Source Note: The provisions of this §385.1101 adopted to be effective July 15, 2011, 36 TexReg 4416; transferred effective June 4, 2012, as published in the Texas Register June 22, 2012, 37 TexReg 4639; amended to be effective July 15, 2014, 39 TexReg 5440; amended to be effective May 1, 2019, 44 TexReg 2160; amended to be effective September 1, 2024, 49 TexReg 6249 |
