The Texas Building and Procurement Commission (TBPC) adopts amendments with changes in the proposed text in 1 TAC §115.1 concerning definitions related to state leased property, published in the September 5, 2003, edition of the Texas Register (28 TexReg 7519). The amendments with changes affect the definitions of words and terms to be used in Chapter 115, Subchapter A, related to leasing of space for state government agencies, boards and commissions. The Commission finds that these amendments support the public interest by clarifying statutory changes.

The commission received written comments on the proposed amendments on September 19, 2003, from the Texas Department of Banking (TDOB) and on September 30, 2003, from the Texas Department of Transportation (TxDOT).

TDOB Comment on use of the terms "Commission" and "TBPC": Our first comment relates to the use of the terms "Commission" and "TBPC". For example, the term "Commission" is defined in §115.1 and elsewhere as "The Texas Building and Procurement Commission (TBPC)". However, we are unsure if "TBPC" as used in the rules means the state agency or the seven member oversight board. The distinction between board and agency is important; decision by the "board" must be made in open meetings subject to public notice requirements. Decision authority delegated by the board to the "agency" permits a more streamlined process subject to review and oversight by the board. Agencies subject to TBPC jurisdiction will benefit from clear guidance regarding what decisions can be made by agency staff and what decisions are reserved for Commission vote. TBPC has made some effort in this regard; however, often a proposed rule will identify a division of TBPC as having a role but other text in the same rule proposal refers to TBPC, implying that the board assumes duties that may not be intended. Clarification of these roles would be beneficial.

Response: Staff agrees with the intent of the comments, and is working to establish uniform definitions for the Code; however, Staff does not believe that one particular rule is the place to implement changes in definitions which could affect other rules. Staff is conducting a review of all references to Commission, General Services Commission, Texas Building and Procurement Commission, and TBPC to pinpoint all references in order to effectively execute a uniform transition. Accordingly, Staff declines to make the delineation at this time.

Staff is well aware of the difference in decisions made in open meetings and those made under delegated authority and will continue to diligently monitor all activities to insure they are within the parameters of the Open Meetings Act.

The amendment is adopted under the authority of the Texas Government Code, Title 10, Subtitle D, §2152.003 and §2167.008.

The following code is affected by these rules: Government Code, Title 10, Subtitle D, Chapter 2167.