Introduction and Background

The Texas Facilities Commission (Commission) adopts amendments to §§111.24, 111.32, 111.40, and 111.41; the repeal of §111.30; and new §111.27 and §111.30 without changes to the proposed text as published in the April 15, 2016, issue of the Texas Register (41 TexReg 2635).

During its rule review, published in the December 11, 2015, issue of the Texas Register (40 TexReg 8915), the Commission 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 continued 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 required amendment as well as a new rule that was required due to the passage of Senate Bill 20 by the 84th Legislature. Accordingly, the Commission proposed 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. The proposed changes were published in the April 15, 2016, issue of the Texas Register (41 TexReg 2635).

Justification for the Rules

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 adopted 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 adopted 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 adopts the repeal of §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 adopted 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.

The Commission adopts amendments to §111.32, Protests/Dispute Resolution/Hearing, §111.40, Fleet Management, and §111.41, Assignment and Use of Pooled Vehicles, to make clerical changes that will enhance the clarity of the rules.

The Commission received no comments concerning the proposal.

Statutory Authority

The amendments are adopted 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 adopted amendments are Texas Government Code §2171.1045.