The Texas Facilities Commission (Commission) adopts 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 which govern the administrative functions of the Commission. Sections 111.20, 111.21, and 111.31 are adopted with changes to the proposed text, as published in the June 6, 2008, issue of the Texas Register (33 TexReg 4402). Sections 111.1, 111.2, 111.22 - 111.24, 111.30, 111.32, 111.40, and 111.41 are adopted without changes to the proposed text and will not be republished.

Justification for the New Rules.

The new chapter organizes the Commission's rules in a concise, logical manner; provides the Commission the ability to expand the chapter as needed; and satisfies the Commission's statutorily required duty to adopt certain rules.

New Subchapter A is entitled Organization and contains §111.1 and §111.2. These sections set out the organization of the Commission and provide a general delegation of authority to the Executive Director for the day-to-day operations of the agency.

New Subchapter B is entitled General Provisions and contains §§111.20 - 111.24. These sections set out the Commission's rules concerning ethics, historically underutilized businesses, petition for adoption of rules, a sick leave pool, and procedures concerning the training and education of Commission employees. Section 111.20 and §111.21 both incorporate by reference the rules of another state agency and are adopted with changes. The changes are nonsubstantive and are intended to conform the rules to the citation format of the Texas Administrative Code and to make the rules consistent within Chapter 111.

New Subchapter C is entitled Complaints and Dispute Resolution and contains §§111.30 - 111.32. These sections set out procedures for submitting complaints, for negotiation and mediation of certain contract disputes, and for bid protests, dispute resolution and hearings. Section 111.31 incorporates by reference the rules of another state agency and is adopted with changes. The changes are nonsubstantive and are intended to conform the rule to the citation format of the Texas Administrative Code and to make the rules consistent within Chapter 111.

New Subchapter D is entitled Vehicles and contains §111.40 and §111.41. These sections concern the Commission's management of its fleet vehicles and the procedures for the assignment and use of pooled vehicles.

Summary of Comments.

No comments were received during the 30-day comment period.

Statutory Authority.

The new rules are adopted 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 adopted rules is Texas Government Code §2171.1045 (Vernon 2000).