Texas Register, Volume 38, Number 47, Pages 8313-8478, November 22, 2013 Page: 8,322
8313-8478 p. ; 28 cm.View a full description of this periodical.
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gic direction for the department by monitoring current activities
and new initiatives. New subsection (e) requires the Board to
regularly evaluate the extent to which the department is fulfilling
its mission. New subsection (f) requires the Board to regularly
evaluate the department's operations through review of analyti-
cal data and trends in the department's revenue and expenses,
as well as performance information. New subsection (g) requires
the Board to maintain an audit subcommittee, which shall over-
see the department's internal auditor and other audit issues, as
the Board deems appropriate. New subsection (h) establishes
conflict of interest standards for all department employees.
In addition to the renumbering resulting from the following pro-
posed amendments, the department proposes to amend 201.5
by revising subsection (a) and adding a new subsection (b). Sub-
section (a)(1) is amended to more succinctly define the primary
skill set required of its members and reduce the size of the State
Strategic Plan (SSP) for Information Resources Management
Advisory Committee's membership from 24 to not more than 21.
Because the advisory committee is a working group convened in
professionally facilitated sessions to develop the SSP direction,
the department has determined a smaller group is more effective
in achieving the mission of the advisory committee. Subsection
(a)(1) is further amended to make minor grammatical changes
to provide clarity.
Section 201.5(a)(1)(A) is amended to allow a state agency's in-
formation resource manager to designate a participant with suf-
ficient knowledge and expertise to represent the agency on the
advisory committee in the event the information resources man-
ager is unable to serve.
Section 201.5(a)(1)(C), (E) and (F) are amended to allow the de-
partment greater flexibility in appointing effective members to the
advisory committee. Because it is difficult for the department to
find willing participants that are not involved in the fields of com-
puting or telecommunications, subparagraph (C) is amended to
remove the requirement that this member not be employed in the
computing and/or telecommunications field. Subparagraph (E)
is amended and current subparagraph (F) is deleted to allow a
minimum of three members from the vendor community to par-
ticipate on the committee. Although the department will strive to
have representation from both vendors that do and do not sell
goods and services to the department, the department finds the
relatively short tenure of the advisory committee members and
the potential for frequent changes to a vendor's contract status
with the department voids the need for a requirement that two of
the advisory committee members be chosen from non-interested
vendors. To account for the amendments as described herein,
current subparagraph (G) is renumbered to subparagraph (F).
Paragraphs (2) - (4) have been added to 201.5(a). Specifically,
paragraphs (2) and (3) were added to provide the department's
Executive Director more flexibility in coordinating the advisory
committee in the event the department is unable to solicit partic-
ipation from any one of the identified groups in the rule. More-
over, because state staff members realize the greatest impact
from the work of the advisory committee, in the event the Ex-
ecutive Director must exercise the added flexibility, the depart-
ment deems it appropriate to allow for greater participation by
state agency members, who are tasked with implementing the
outcomes of the State Strategic Plan. Lastly, new paragraph (4)
was added to ensure that the Board has final approval of the
members of the advisory committee and, once approved, the
work of the advisory committee not be interrupted or otherwise
negatively impacted by a constantly changing membership.Section 201.5(a)(6)(C) is amended to more accurately reflect the
mission of the advisory committee under this subsection.
Subsection (b) is added to 201.5 to provide for the requirement
of the Customer Advisory Committee. Subsection (b)(1) pro-
vides for the characteristic of its membership; and new subsec-
tion (b)(2) provides for the additional requirement of the Board to
consider the diversity of the membership when making appoint-
ments. Subsection (b)(3) provides for the overall mission and
minimum frequencies by which the committee meets.
Lastly, the department proposes to amend 201.6. In addition
to the necessary renumbering resulting from the following pro-
posed amendments, the department proposes to add new sub-
section (c)(3) providing for a definition of a Major Outsourced
Contract. Subparagraphs (B) - (D) are added to 201.6(d)(1)
to expand the scope of the Board's authority to approve certain
contracts.
Todd Kimbriel, interim Chief Operating Officer, has determined
that during the first five-year period following the amendment of
201.4 - 201.6, there will be no fiscal impact on state agencies,
institutions of higher education and local governments resulting
from compliance with the proposed amendments to the rules.
Mr. Kimbriel has further determined that for each year of the
first five years following the amendments to 201.4 - 201.6,
there are no anticipated economic costs to persons or small busi-
nesses resulting from the compliance with such changes to the
rules.
Written comments on the proposed rules may be submit-
ted to Chad Lersch, Assistant General Counsel, 300 West
15th Street, Suite 1300, Austin, Texas 78701 or to chad.ler-
sch@dir.texas.gov. Comments will be accepted for 30 days
after publication in the Texas Register.
The amendments are proposed pursuant to 2054.052(a), Texas
Government Code, which authorizes the department to adopt
rules as necessary to implement its responsibilities under Chap-
ter 2054, Texas Government Code.
No other code, article or statute is affected by this proposal.
201.4. Board Policies.
(a) The executive director is hereby delegated authority by the
board to grant a requesting state agency a compliance waiver from ad-
ministrative rule, statewide standards, or other board policies. A state
agency may request a compliance waiver from administrative rule,
statewide standards or other board policy. The agency must clearly
demonstrate to the department through written justification any perfor-
mance or cost advantages to be gained and that the overall economic
interests of the state are best served by granting the compliance waiver.
The executive director of the department will notify the board when re-
quests for waivers are received.
(b) The executive director is hereby delegated authority by the
board to establish a sick leave pool program for employees of the de-
partment. The program must be consistent with the requirements of
state law regarding state employee sick leave pools. The executive di-
rector is hereby appointed as the sick leave pool administrator. The
executive director may designate another employee of the department
to serve as the pool administrator under the supervision of the executive
director. The pool administrator shall prescribe procedures relating to
the operation of the sick leave pool program.
(c) In compliance with Chapter 2255, Texas Government
Code, this subsection establishes the criteria, procedures and standards
of conduct governing the relationship between the department and its38 TexReg 8322 November 22, 2013 Texas Register
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Texas. Secretary of State. Texas Register, Volume 38, Number 47, Pages 8313-8478, November 22, 2013, periodical, November 22, 2013; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth379965/m1/10/: accessed July 17, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.