The Department of Information Resources (department) proposes the repeal of 1 TAC Chapter 201, §§201.1, 201.2, 201.4 - 201.6, 201.9, 201.15, and 201.17, concerning Planning and Management of Information Resources Technologies; and new 1 TAC Chapter 201, §§201.1 - 201.5, concerning General Administration. The proposed repeal of and new 1 TAC Chapter 201 result from a rule review of the chapter, notice of which was published in the March 4, 2011, issue of the Texas Register (36 TexReg 1567).

The new chapter applies to state agencies and institutions of higher education. The assessment of the impact of the proposed sections on institutions of higher education has been prepared in consultation with the Information Technology Council for Higher Education in compliance with §2054.121(b), Texas Government Code.

The department proposes to repeal 1 TAC Chapter 201 in its entirety, to rename the chapter, eliminate unnecessary rules, revise rules, and enable renumbering in new 1 TAC Chapter 201, concerning General Administration. The department proposes to rename the chapter to General Administration from its current title to align the topics contained in the chapter closely with the proposed changes to the chapter.

The department proposes to repeal the current text of §201.1 as the definitions no longer are required under the proposed changes to the chapter.

The department proposes to renumber §201.2 as §201.1; rename the rule to eliminate the reference to complaints; repeal the text in subsection (a) about complaints; reletter current subsection (b) as subsection (a); revise the text to comply with rules of the State of Texas Procurement authority regarding Vendor Protest Procedures; restructure the paragraphs within the subsection of the protest rule to better organize the information: §201.2(b)(13) is now §201.1(a)(12)(D), §201.2(b)(14) is now §201.1(a)(12)(E), §201.2(b)(15) is now §201.1(a)(13), and add §201.1(a)(14) to state the retention schedule for protest records; reletter subsection (c) as subsection (b); revise the text to delete the reference to a specific website page as reference for the rules of the Office of Attorney General regarding Negotiation and Mediation of Certain Contract Disputes; reletter subsection (d) as subsection (c); revise the text to update the reference to the State of Texas Procurement rules relating to Bid Submission, Bid Opening and Tabulation; and delete the reference to a specific website page as reference for such rules.

The department proposes to renumber §201.4 as §201.2; revise the text to update the references to the State of Texas Procurement rules related to the Historically Underutilized Business Program, the citation to the rules; and add an email address for the department's HUB coordinator.

The department proposes to renumber §201.5 as §201.3 without further changes to the text.

The department proposes to repeal §201.6, and through separate rulemaking, create 1 TAC Chapter 205 relating to Geographic Information Standards.

The department proposes to renumber §201.9 as §201.4 without further changes to the text.

The department proposes to repeal in its entirety §201.15, relating to Charges for Copies of Public Records.

The department proposes to renumber §201.17 as §201.5 without further changes to the text.

During the rule review, the department determined that current §201.2(a) and §201.15 are not mandated by statute to be rules and may be promulgated as official polices of the department. The department proposes that upon final adoption of these changes to Chapter 201, new department policies on these topics will be simultaneously adopted and provided on the department's website for appropriate transparency to constituents.

R. Douglas Holt, Deputy Executive Director, Statewide Technology Services, has determined that for the first five-year period the repeal and new rules are in effect, there will be a positive fiscal impact on state agencies and institutions of higher education, although an exact cost avoidance estimate cannot be assessed. The elimination of unnecessary rules and the reintroduction of such administrative items as policies reduce bureaucracy and increases flexibility in the conduct of business for the department and its constituents. Creating a new Chapter 205 relating to Geographic Information Standards will bring needed visibility to this important subject. There is no impact on local government as a result of enforcing or administering the repeal and new rules as proposed.

Mr. Holt has also determined that for each year of the first five years the proposed repeal and new rules are in effect, the anticipated public benefit results from more effective use of public and financial resources through rules concerning general administrative responsibilities. There are no anticipated economic costs to persons or small businesses required to comply with the proposed repeal and new rules.

Comments on the proposed repeal and new rules may be submitted to Cynthia J. Kreider, Assistant General Counsel, 300 West 15th Street, Suite 1300, Austin, Texas 78701, or to cynthia.kreider@dir.texas.gov. Comments will be accepted for 30 days after publication in the Texas Register.

The repeal is proposed pursuant to §2054.052(a), Texas Government Code, which authorizes the department to adopt rules as necessary to implement its responsibilities under Chapter 2054, Texas Government Code.

No other statutes are affected by this repeal.