Introduction and Background

The Texas Facilities Commission proposes amendments to §§111.24, 111.32, 111.40, and 111.41; the repeal of §111.30; and new §111.27 and §111.30. During its rule review, published in the December 11, 2015, issue of the Texas Register (40 TexReg 8915), the Texas Facilities Commission (Commission) has reviewed and considered Texas Administrative Code, Title 1, Chapter 111 for readoption, revision, or repeal in accordance with the Texas Government Code §2001.039 (West 2008). The Commission determined that the reasons for originally adopting Chapter 111 continue to exist. In addition, the Commission reviewed the rules to determine whether the rules were obsolete, reflected current legal and policy considerations, reflected current procedures and practices of the Commission, and were in compliance with the Texas Administrative Procedure Act, Texas Government Code Chapter 2001. The Commission determined that Chapter 111 requires amendment as well as a new rule that is required due to the passage of Senate Bill 20 by the 84th Legislature. Accordingly, the Commission proposes the following changes: in Subchapter B, amendment to §111.24 and new §111.27; in Subchapter C, the repeal of §111.30, a new §111.30, and amendment to §111.32; and in Subchapter D, amendments to §111.40 and §111.41.

Section by Section Summary

Section 111.24 concerning the training and education of Commission employees is amended to comply with Texas Government Code §656.048(b) which requires state agencies to adopt rules providing that before an administrator or employee of the agency may be reimbursed under Texas Government Code §656.047(b), the executive head of the agency must authorize the tuition reimbursement payment. The Commission does not currently participate in tuition reimbursement, however, the rule amendment is proposed in accordance with the statutory requirement in case the agency were to ever receive funding to participate in the future.

Section 111.27, a new rule, is proposed in accordance with Texas Government Code §2261.253(c) which states that each state agency, by rule, shall establish a procedure to identify each contract that requires enhanced contract or performance monitoring and submit information on the contract to the agency's governing body. It also requires that staff immediately notify the agency's governing body of any serious issue or risk that is identified with respect to a contract monitored under this subsection.

The Commission proposes the repeal of the existing §111.30 as it was determined during the rule review that the rule does not reflect the current process of the Commission nor does it provide the information required by Texas Government Code §2152.060. New §111.30 is proposed under Texas Government Code §2152.060(a) to establish methods by which consumers, service recipients and persons contracting with the state may file complaints with the Commission.

Sections 111.32, Protests/Dispute Resolution/Hearing, 111.40, Fleet Management, and 111.41, Assignment and Use of Pooled Vehicles, are amended to make clerical changes that will enhance the clarity of the rules.

Fiscal Note

Harvey Hilderbran, 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. Hilderbran 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 correcting typographical errors, and ensuring consistency with governing statutes.

Mr. Hilderbran 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 (West 2008 & Supp. 2015), are not required.

In addition, Mr. Hilderbran 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 (West 2008).

Takings Impact Assessment

Mr. Hilderbran has determined that this proposal does not restrict or limit an owner's right to his or her property that would otherwise exist in the absence of government action and, therefore, does not constitute a taking under Texas Government Code §2007.043.

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, Texas 78711-3047. Comments may also be sent via email to rulescomments@tfc.state.tx.us. For comments submitted electronically, please include "Proposed Administration Rules" 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 rules. Questions concerning the proposed rules may be directed to Ms. Kay Molina, General Counsel, at (512) 475-2400.

Statutory Authority

The amendments are proposed under Texas Government Code §2171.1045, which requires state agencies to adopt rules addressing the assignment and use of agency vehicles, and Texas Government Code §2001.004(1), which requires state agencies to adopt rules of practice stating the nature and requirements of all available formal and informal procedures.

Cross Reference to Statute

The statutory provisions affected by the proposed new rule and amendment are Texas Government Code §2171.1045.