Introduction and Background.

During its rule review, published in the December 21, 2007, issue of the Texas Register (32 TexReg 9735), the Texas Facilities Commission (Commission) has reviewed and considered Texas Administrative Code, Title 1, Chapter 115 for readoption, revision, or repeal, in accordance with the Texas Government Code §2001.039 (Vernon 2000). The Commission determined that Texas Administrative Code, Title 1, §§115.1 - 115.3, 115.8 and 115.10, which govern leasing facilities for the use and benefit of state agencies are still necessary. Revisions to these rules, however, are required to reflect the agency's name change, to delete definitions no longer in use, and to correct typographical errors, including reformatting. In addition, staff identified the necessity for a new §115.13, entitled Best Value Guidelines, which is proposed to comply with statutory rulemaking requirements. See Texas Government Code, §2167.0021(b) (Vernon Supp. 2007). In a concurrent miscellaneous notice, the Commission announces its intent to readopt Texas Administrative Code, Title 1, §§115.1 - 115.3, 115.8 and 115.10 with amendments and to propose a new §115.13. The rule amendments are proposed pursuant to the rulemaking authority granted to the Commission in Texas Government Code, §2167.0021(b) (Vernon 2000) and §2167.008 (Vernon Supp. 2007).

Section by Section Summary.

Proposed revisions to existing rules are required to reflect the agency's name change, to delete definitions no longer in use, to correct typographical errors, and include reformatting. Section 115.1 defines terms used in this chapter. Section 115.2 establishes prerequisites to leasing space, such as state agency requests for lease space and certification of availability of funds. Section 115.3 specifically addresses requests for leasing space by Health and Human Services Commission agencies. Section 115.8 imposes certain requirements on private firms used by the Commission to obtain lease space, including disclosure of any potential conflicts of interest. Section 115.10 discusses tenant agency responsibilities and reporting with respect to leased space. Also, pursuant to statutory rulemaking requirements, a new §115.13, entitled Best Value Guidelines, is added to outline in greater detail the factors considered when the Commission evaluates responses to solicitations associated with the procurement of lease space for the use and benefit of state agencies under Texas Government Code, Chapter 2167 and makes a best value determination on which a solicitation award is based.

Fiscal Note.

Edward L. Johnson, Executive Director, has determined that for each year of the first five-year period the proposed rules are in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the proposed rules.

Public Benefit/Cost Note.

Mr. Johnson has also determined that for each year of the first five-year period the proposed rules are in effect the public benefit will be further clarification by updating the references to the Commission and internet websites, omission of definitions no longer in use, and correction of typographical errors.

Mr. Johnson has further determined that there will be no effect on individuals or large, small, and micro-businesses as a result of the proposed rules. Consequently, an Economic Impact Statement and Regulatory Flexibility Analysis, pursuant to Texas Government Code, §2006.002 (Vernon Supp. 2007), are not required.

In addition, Mr. Johnson has determined that for each year of the first five-year period the proposed rules are in effect there should be no effect on a local economy; therefore, no local employment impact statement is required under Administrative Procedure Act, Texas Government Code, §2001.022 (Vernon Supp. 2007).

Request for Comments.

Interested persons may submit written comments on the proposed rules to General Counsel, Legal Services Division, Texas Facilities Commission, P.O. Box 13047, Austin, TX 78711-3047. Comments may also be sent via email to rulescomments@tfc.state.tx.us. For comments submitted electronically, please include "Proposed Facilities Leasing Program" in the subject line. Comments must be received no later than thirty (30) days from the date of publication of the proposal to the Texas Register. Comments should be organized in a manner consistent with the organization of the proposed rule. Questions concerning the proposed new rules may be directed to Ms. Susan Maldonado, Assistant General Counsel, at (512) 463-3960.

Statutory Authority.

The amended rules are proposed under Texas Government Code, Title 10, Subtitle D, §2167.0021(b) (Vernon 2000) and §2167.008 (Vernon Supp. 2007).

Cross Reference to Statute.

The statutory provisions affected by the proposed rules are those set forth in Chapter 2167 of the Texas Government Code.