Introduction and Background.

The Texas Facilities Commission ("Commission") proposes new Chapter 111, Subchapter A, §111.1 and §111.2, Subchapter B, §§111.20 - 111.24, Subchapter C, §§111.30 - 111.32, and Subchapter D, §111.40 and §111.41.

The Commission recently completed a rule review of Chapter 111 in accordance with Texas Government Code §2001.039 (Vernon 2000). Initial notice of the review was published in the December 21, 2007, issue of the Texas Register (32 TexReg 9735). The published notice of the Commission's adopted rule review may be found in the Rule Review section in this issue of the Texas Register.

During its review, the Commission determined that the business necessity remained in effect for §111.1 and §§111.3 - 111.8. The Commission further determined that amendments were required to reflect current statutory language and for consistency throughout the Chapter. Additionally, the Commission found that new rules were required for the following matters: historically underutilized businesses, training and education of employees, and assignment and use of pooled vehicles. The new rules are necessary to comply with statutory rulemaking requirements pursuant to Texas Government Code §656.048(a) (Vernon 2004) (employee training and education), §2161.003 (Vernon 2000) (historically underutilized businesses program), and §2171.1045 (Vernon 2000) (vehicle assignment and use). The Commission further determined that the business necessity for §111.2, relating to definitions of statewide procurement functions that were transferred to the Comptroller of Public Accounts, no longer exists, and the section should be repealed. Chapter 111 previously contained a Subchapter B, entitled Historically Underutilized Business Program. Subchapter B was transferred to the Comptroller of Public Accounts on September 1, 2007, as published in the July 6, 2007, issue of the Texas Register (32 TexReg 4237). The Commission determined that Chapter 111 needed to be restructured to account for the transfer of Subchapter B and the statutory requirements for additional rules. The Commission further determined that Chapter 111 should be repealed and replaced with a new chapter. A concurrent notice of proposed repeal may be found in this issue of the Texas Register.

Section by Section Summary.

Proposed new Subchapter A is entitled Organization and contains the following proposed new Sections. Proposed new §111.1 sets out the organization of the Commission. Proposed new §111.2 contains a general delegation of authority to the Executive Director for the day-to-day operations of the agency.

Proposed new Subchapter B is entitled General Provisions and contains the following proposed new Sections. Proposed new §111.20 incorporates by reference the rules of the Texas Ethics Commission concerning Conflicts of Interest relating to the Commission. Proposed new §111.21 incorporates by reference the rules of the Comptroller of Public Accounts relating to historically underutilized businesses. Proposed new §111.22 provides procedures for a petition for adoption of rules. Proposed new §111.23 establishes an employee sick leave pool. Proposed new §111.24 provides procedures concerning the training and education of Commission employees.

Proposed new Subchapter C is entitled Complaints and Dispute Resolution and contains the following proposed new Sections. Proposed new §111.30 provides procedures for submitting complaints to the Commission. Proposed new §111.31 incorporates by reference the rules of the Office of the Attorney General for negotiation and mediation of certain contract disputes. Proposed new §111.32 provides procedures concerning bid protests, dispute resolution, and hearings.

Proposed new Subchapter D is entitled Vehicles and contains the following proposed new Sections. Proposed new §111.40 concerns the management of Commission fleet vehicles. Proposed new §111.41 provides procedures for the assignment and use of pooled vehicles.

Fiscal Note.

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

Public Benefit/Cost Note.

Mr. Johnson has also determined that for each year of the first five-year period the new rules are in effect the public benefit will be clear, organized rules concerning the agency's administrative regulations.

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 new 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 new 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 new rules to General Counsel, Legal Services Division, Texas Facilities Commission, P.O. Box 13047, Austin, Texas 78711-3047.

Comments may also be sent via email to: rulescomments@tfc.state.tx.us.

For comments submitted electronically, please include "Proposed New Rules, Chapter 111" in the subject line. Comments must be received no later than thirty (30) days from the date of publication of the proposal in the Texas Register. Comments should be organized in a manner consistent with the organization of the proposed new rules. Questions concerning the proposed new rules may be directed to Kay Molina, General Counsel, at (512) 463-7220.

Statutory Authority.

The new rules are proposed under Texas Government Code §2171.1045 (Vernon 2000), which requires the Commission to promulgate rules relating to vehicle assignment and use.

Cross Reference to Statute.

The statutory provision affected by the proposed new rules is Texas Government Code §2171.1045 (Vernon 2000).