PART 1. COMPTROLLER OF PUBLIC ACCOUNTS
CHAPTER 20. STATEWIDE PROCUREMENT AND SUPPORT SERVICES
SUBCHAPTER A. GENERAL PROVISIONS
DIVISION 2. DEFINITIONS
The Comptroller of Public Accounts adopts amendments to 34 TAC §20.25, concerning definitions, without changes to the proposed text as published in the January 8, 2021, issue of the Texas Register (46 TexReg 289). The rule will not be republished.
These amendments are to clarify the procurement rules in Chapter 20. The purpose of including definitions in §20.25 is to define terms used in Chapter 20. The amendments change references in subsections (a) and (b) from "this section" to "this chapter." These changes will ensure the uniform application of the definitions throughout Chapter 20.
No comments were received regarding adoption of the amendment.
These amendments are adopted under Government Code, §2155.0012, which authorizes the comptroller by rule to efficiently and effectively administer state purchasing of goods and services.
These amendments implement Government Code, §§2151.003, 2155.001 and 2155.0011, which outline the general procurement responsibility of the comptroller.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on February 22, 2021.
TRD-202100689
Don Neal
General Counsel, Operations and Support Legal Services
Comptroller of Public Accounts
Effective date: March 14, 2021
Proposal publication date: January 8, 2021
For further information, please call: (512) 475-0387
DIVISION 1. PRIMARY AND DELEGATED PROCUREMENT AUTHORITY
The Comptroller of Public Accounts adopts an amendment to §20.81, concerning general purchasing provisions, without changes to the proposed text as published in the January 8, 2021, issue of the Texas Register (46 TexReg 292). The rule will not be republished.
This rule is found in Chapter 20 (Statewide Procurement and Support Services), Subchapter B (Public Procurement Authority and Organization), Division 1 (Primary and Delegated Procurement Authority).
The amendment adds new subsection (d), which describes the authority of the comptroller related to purchasing by state agencies. New subsection (d) restates the limitation on the comptroller's authority in Government Code, §2155.140. Specifically, the comptroller's authority does not apply to purchases from a gift or grant in support of research.
No comments were received regarding adoption of the amendment.
This amendment is adopted under Government Code, §2155.0012, which authorizes the comptroller by rule to efficiently and effectively administer state purchasing of goods and services.
The amendment implements Government Code, §§2151.003, 2155.001 and 2155.0011, which outline the general procurement responsibility of the comptroller.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on February 22, 2021.
TRD-202100690
Don Neal
General Counsel, Operations and Support Legal Services
Comptroller of Public Accounts
Effective date: March 14, 2021
Proposal publication date: January 8, 2021
For further information, please call: (512) 475-0387
The Comptroller of Public Accounts adopts amendments to §20.133, concerning training and certification program, without changes to the proposed text as published in the January 8, 2021, issue of the Texas Register (46 TexReg 293). The rule will not be republished. This rule is found in Chapter 20 (Statewide Procurement and Support Services), Subchapter B (Public Procurement Authority and Organization), Division 3 (Contract Management Guide and Training).
This amendment corrects an inconsistency. Subsection (i) states that a procurement professional must obtain 24 hours of continuing education every three years; in contrast, subsection (j)(3) refers to 12 hours of required continuing education. These amendments make it clear that a procurement professional must obtain 24 hours of continuing education every three years.
No comments were received regarding adoption of the amendment.
These amendments are adopted under Government Code, §656.051.
These amendments implement Government Code, §§656.051, 656.052, and 656.054 which provides the comptroller with the authority to adopt rules relating to the administration of the training and certification of state agency purchasing and contract management personnel.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on February 22, 2021.
TRD-202100691
Don Neal
General Counsel, Operations and Support Legal Services
Comptroller of Public Accounts
Effective date: March 14, 2021
Proposal publication date: January 8, 2021
For further information, please call: (512) 475-0387
DIVISION 4. UNIFORM GRANT AND CONTRACT STANDARDS
The Comptroller of Public Accounts adopts the repeal of §§20.456 - 20.467, concerning Uniform Grants and Contract Management, without changes to the proposed text as published in the January 8, 2021, issue of the Texas Register (46 TexReg 295). The rules will not be republished. This repeals Chapter 20, Subchapter E, Division 4 in its entirety.
The comptroller repeals these sections because the new Texas Grant Management Standards include updated guidance on these issues and supersede the guidance currently in rule. Government Code, Chapter 783 requires the comptroller to establish uniform assurances and standard financial management conditions for certain grants. However, no statute requires or expressly authorizes the comptroller to adopt that guidance as rules.
No comments were received regarding adoption of the amendment.
The repeals are adopted under Government Code, §403.011, which outlines the general powers of the comptroller, and §783.004, which designates the comptroller as the state agency for uniform grant and contract management.
The repeals affect Government Code, §§783.001 - 783.010.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on February 22, 2021.
TRD-202100692
Don Neal
General Counsel, Operations and Support Legal Services
Comptroller of Public Accounts
Effective date: March 14, 2021
Proposal publication date: January 8, 2021
For further information, please call: (512) 475-0387