The Texas Department of Information Resources (department/DIR) adopts the amendments to 1 TAC Chapter 201, §§201.3, 201.4, and 201.6 and adopts a new §201.9, concerning General Administration, without changes to the proposal as published in the September 4, 2015, issue of the Texas Register (40 TexReg 5577) to ensure the rules accurately reflect the department's policies and procedures. The department published a formal notice of rule review in the March 13, 2015, issue of the Texas Register (40 TexReg 1527). Review of the sections implements Texas Government Code, §2001.039.

In §201.3, the department adopts amendments to add subsection (a) that describes the purpose and intent of the rule. All sequential letters have been changed for accuracy. In subsection §201.3(b), the department adopts amendments to accurately describe current process and procedures.

In §201.4, the department adopts amendments to clarify the policy and procedures for accepting gifts. In §201.4(c) and §201.4(c)(1), the department adopts amendments to add language clarifying the circumstances in which department may accept gifts to accurately reflect Texas Government Code §2255.01 and §2054.052(g).

In §201.6, the department adopts amendments to add new language to implement Section 18 of Senate Bill 20 (84R) effective September 1, 2015, regarding contract monitoring.

The department adopts new §201.9 to comply with §2001.021, Texas Government Code, as amended by House Bill 763 (84R).

The changes to the chapter apply to DIR and will have no effect on state agencies and institutions of higher education. The assessment of the impact of the proposed changes on institutions of higher education was prepared in consultation with the Information Technology Council for Higher Education (ITCHE) in compliance with §2054.121(c), Texas Government Code.

Martin Zelinsky, General Counsel, has determined that during the first five-year period following the amendments to 1 TAC Chapter 201 there will be no fiscal impact on state agencies, institutions of higher education and local governments.

Mr. Zelinsky has further determined that for each year of the first five years following the adoption of the amendments to 1 TAC Chapter 201 there are no anticipated additional economic costs to persons or small businesses required to comply with the amended rule.

No comments were received as a result of that notice.

The amendments to existing rules and new rule are adopted 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; §2255.01, Texas Government Code, which authorizes state agencies to develop rules; and §2001.021(b), Texas Government Code, which authorizes state agencies to, by rule, prescribe the form of a petition under the section.

No other code, article or statute is affected by this adoption.