TITLE community-development

Part I. Texas Department of Housing and Community Affairs

Chapter 1. Administration

Subchapter A. General Policies and Procedures

10 TAC §1.4

The Texas Department of Housing and Community Affairs adopts new §1.4, amending 10 Texas Administrative Code (TAC) Chapter 1, to provide for protest procedures for actual or prospective bidders, offerors, or contractors consistent with those set out in 1 TAC §111.3, General Services Commission Rules, and for standards for maintaining documentation about the purchasing process, without changes to the proposed text as published in the November 28, 1997, issue of the Texas Register (22 TexReg 11620).

The adopted rule is necessary to comply with new statutory requirements enacted in the 75th Legislative Session. Senate Bill 1752, Chapter 1206, Acts of the 75th Legislature, Regular Session, effective September 1, 1997 (to be codified as an amendment to Subchapter B, Chapter 2155 by addition §2155.076), requires the Department by rule to adopt procedures for resolving vendor protests relating to purchasing issues consistent with the General Services Commission's rules, and to include standards for maintaining documentation about the purchasing process to be used in the event of a protest.

No written comments were received regarding adoption of the new rule.

The new rule is adopted under Government Code, Chapter 2306, §2306.053(b)(4) which gives the Department authority to adopt and enforce rules.

The new rule affects Title 10 of the Texas Administrative Code, Chapter 1.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on January 9, 1998.

TRD-9800363

Larry Paul Manley

Executive Director

Texas Department of Housing and Community Affairs

Effective date: January 29, 1998

Proposal publication date: November 28, 1997

For further information, please call: (512) 475-3726