| (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.
(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 exceeding $500,000;
(B) any construction contract exceeding $300,000;
(C) any change order exceeding $150,000 for a construction
contract;
(D) any contract exceeding $15,000 for consultant 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 §20.32.
(3) Other Approvals.
(A) TJJD complies with Section 321.020, Government
Code, which requires that all contracts involving the expenditure
of funds for outside audit services must be approved by the Texas
State Auditor's Office.
(B) TJJD complies with Section 402.0212, Government
Code, which requires that all contracts involving the expenditure
of funds for outside legal services must be approved by the Office
of the Attorney General.
(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 to another
member of the executive management team.
(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) Adoptions by Reference and Statutory Citations
Relating to Contracting Responsibilities.
(1) Competitive Solicitations.
(A) TJJD complies with Chapters 2155 and 2156, Government
Code, relating to the competitive bidding process and types of solicitations
used and Section 2252.002, Government Code, relating to awards of
contracts to nonresident bidders.
(B) TJJD adopts by reference 34 TAC §20.391, relating
to requests for offers.
(2) Historically Underutilized Businesses. TJJD adopts
by reference 34 TAC Chapter 20, Subchapter D, Division 1, relating
to historically underutilized businesses.
(3) Consulting Services.
(A) TJJD complies with Chapter 2254, Subchapter B,
Government Code, relating to consulting services contracts.
(B) TJJD adopts by reference 34 TAC §5.54, relating
to consulting services contracts.
(4) Professional Services. TJJD complies with Chapter
2254, Subchapter A, Government Code, relating to professional services
contracts.
(5) Construction Services. TJJD awards contracts for
the construction of buildings and improvements in accordance with
Chapter 2166, Government Code.
(6) Rate Setting. TJJD complies with Section 2261.151(a),
Government Code, relating to payment and reimbursement methods and
rates.
(7) Exemptions from Competitive Bidding Process for
Youth Services. In accordance with Chapter 2155, Subchapter C, Government
Code, relating to certain exemptions from competitive bidding, TJJD
may purchase care and treatment services for youth committed to its
care at rates not to exceed any maximum provided by law, based on
each provider's qualifications and demonstrated competence.
(8) Iron and Steel Products. TJJD complies with Chapter
2252, Subchapter F, Government Code, relating to the purchase of iron
and steel products made in the United States for certain governmental
entity projects.
(9) Contracts with Businesses That Do Not Boycott Israel.
TJJD complies with Section 2270.002, Government Code, relating to
entering into contracts with only those businesses that have verified
in writing that they do not boycott Israel and will not do so for
the term of a contract.
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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 |
