Texas Register, Volume 38, Number 47, Pages 8313-8478, November 22, 2013 Page: 8,331
8313-8478 p. ; 28 cm.View a full description of this periodical.
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department to respond to a request for certification or have it be
deemed issued.
The department proposes to add a new Subchapter D, 212.31,
to provide detail and instruction for a state agency's submission
of, and the department's issuance or denial of, an expedited re-
quest for certification. Section 212.31(a) provides an overview
of the process for a state agency to submit an expedited request
for certification and addresses the deadline for the department
to respond. Section 212.31(b) provides more detailed instruction
regarding the format and information required for an expedited
request for certification. Section 212.31(c) addresses the dead-
line for the department to respond to an expedited request for
certification or have it be deemed issued.
The department proposes to add a new Subchapter D, 212.32,
to address the 2157.068(f-2), Texas Government Code, re-
quirement that a contract developed by a local government
purchasing cooperative under Chapter 791, when used by a
state agency, is subject to all provisions required by applicable
law to be included in a state agency contract. This requirement
applies regardless of whether (1) the provision appears on the
face of the contract; or (2) the contract includes any provision
to the contrary.
The department proposes to add a new Subchapter D, 212.33,
to specify that the department will post (1) the instructions for
submitting a request for certification and (2) procedures for eval-
uating a written request for certification on the department's web-
site.
Mary Cheryl Dorwart, Director of the Technology Sourcing Office,
has determined that during the first five-year period following the
amendment of 212.10 and addition of 212.30 - 212.33, there
will be no fiscal impact on state agencies, institutions of higher
education and local governments resulting from compliance with
such changes to the rules.
Mary Cheryl Dorwart has further determined that for each year
of the first five years following the amendments to 212.10 and
addition of 212.30 - 212.33, there are no anticipated economic
costs to persons or small businesses resulting from the compli-
ance with such changes to the rules.
Written comments on the proposed rules may be submitted
to Megan Smith Demicco, Assistant General Counsel, 300
West 15th Street, Suite 1300, Austin, Texas 78701 or to
megan.demicco@dir.texas.gov. Comments will be accepted for
30 days after publication in the Texas Register.
SUBCHAPTER B. REQUIRED PURCHASES
1 TAC 212.10
The amendment is 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. Additionally, 2157.068(f),
Texas Government Code, authorizes the department to adopt
rules regulating state agency purchases of commodity items un-
der the section.
No other code, article or statute is affected by this proposal.
212.10. Scope ofRequirement.
Each state agency, excluding institutions of higher education, must pur-
chase any commodity items that are listed under the containedd on the
list of] commodity codes under the department's responsibility [items]
in accordance with a contract developed by the department, unless theagency first obtains an exemption from this requirement under Sub-
chapter C of this chapter; [or] obtains express prior approval from the
Legislative Budget Board for the expenditure necessary for the pur-
chase; or, obtains a certification from the department, under Subchapter
D of this chapter, that the commodity item is not available for purchase
under an existing contract developed by the department.
The agency certifies that legal counsel has reviewed the pro-
posal and found it to be within the state agency's legal authority
to adopt.
Filed with the Office of the Secretary of State on November 7,
2013.
TRD-201305135
Martin H. Zelinsky
General Counsel
Department of Information Resources
Earliest possible date of adoption: December 22, 2013
For further information, please call: (512) 475-4700
SUBCHAPTER D. CERTIFICATION TO
PURCHASE FROM LOCAL GOVERNMENT
PURCHASING COOPERATIVES
1 TAC 212.30 - 212.33
The new sections 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. Additionally, 2157.068(f),
Texas Government Code, authorizes the department to adopt
rules regulating state agency purchases of commodity items un-
der the section.
No other code, article or statute is affected by this proposal.
212.30. Written Request and Certification Process.
(a) A state agency may submit a written request to the depart-
ment for a written certification that a commodity item is not available
for purchase under an existing contract developed by the department,
so that the state agency may purchase the commodity item through a
contract developed by a local government purchasing cooperative un-
der Texas Government Code Chapter 791. The state agency shall not
take any action on the contemplated purchase until the request for cer-
tification is either issued or denied by the department.
(b) A request for certification must be in writing and include
sufficient documentation to support the validity of the request. The
department may request additional information in order to determine
whether the certification should be issued or denied if the commodity
item is available for purchase under an existing contract developed by
the department.
(c) Upon review of a written request for certification, the de-
partment shall issue, in writing, either a certification or denial. A writ-
ten certification shall include all pertinent terms and conditions of the
certification, including but not limited to, the specific commodity item,
expiration date, and quantity, as applicable, and any other conditions
related to the proposed purchase. A written denial shall include the ba-
sis for the denial.
(d) If the department has not issued a written denial of the re-
quest for certification within fifteen (15) calendar days following the
date of its receipt of the request, or the date of receipt of requestedPROPOSED RULES November 22, 2013 38 TexReg 8331
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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/m1/19/: accessed July 17, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.