Part 1.
OFFICE OF THE GOVERNOR
Chapter 5.
BUDGET AND PLANNING OFFICE
Subchapter A. FEDERAL AND INTERGOVERNMENTAL COORDINATION
4.
UNIFORM GRANT AND CONTRACT MANAGEMENT STANDARDS
1 TAC §5.141, §5.144
The Governor's Office proposes amendments to the material
adopted by reference in §5.141 and §5.144 of the Uniform Grant Management
Standards. These proposed changes correct typographical errors and clarify
certain provisions in the cost principles adopted by reference from OMB Circular
A-87, the grant administration requirements adopted by reference from the
Common Rule of OMB Circular A-102 and single audit requirements adopted by
reference from OMB Circular A-133. The proposed changes also make substantive
changes to selected provisions of the state single audit circular.
Tom Adams, the State Single Point of Contact in the Governor's Budget and
Planning Office, has determined that for each year of the first five years
the rule is in effect there should be savings for state awarding agencies,
units of local government and other grantees as a result of raising the threshold
for risk assessments from $30,000 to $100,000 and improved compliance due
to clearer provisions and definitions. Due to variations in grant amounts
and differences in the complexities of individual audits, the magnitude of
savings cannot be estimated.
Mr. Adams has also determined that for each year of the first five years
the rule as proposed is in effect, the public is expected to benefit as a
result of increased efficiency and effectiveness in accountability of public
expenditures, decreased disruption of auditee operations, and operational
efficiency through the use of consistent procedures and definitions. There
will be no additional economic cost to individuals who are required to comply
with the rule as proposed. There may be decreased revenues for audit firms
resulting from the increased risk assessment threshold. There are no expected
effects on other small businesses, as such entities are not normally grant
recipients and the rules do not address for-profit enterprises.
Comments on the proposal may be submitted in writing to Tom Adams, Governor's
Budget and Planning Office, P.O. Box 12428, Austin, Texas, 78711 or may be
sent by e-mail to tadams@governor.texas.gov. A printed copy of the proposed
rule may be obtained from the Governor's Office of Budget and Planning, Insurance
Building, Room 2.114, 1100 San Jacinto, Austin, Texas. Alternatively, the
full text of the proposed rule may be reviewed at http://www.governor.state.tx.us/Budget/budget_guidelines.html.
The amendments are proposed under Chapter 783, Texas Government
Code, which directs the Governor's Office to develop uniform grant and contract
management standards to promote the efficient use of public funds.
The Government Code, §783.006, is affected by this proposed amendment.
§5.141.Introduction.
The Governor's Office of Budget and Planning adopts amendments to §5.141
and §5.144 to the Uniform Grant Management Standards adopted effective
February 12, 1998 (23 TexReg 953). These rules modify the rules adopted in
February 1998 to clarify provisions in the cost principles adopted by reference
from OMB Circular A-87 and audit requirements adopted by reference from OMB
Circular A-133 in the state single audit circular. To reduce confusion as
to the applicability of the standards, they have been renamed "The Uniform
Grant Management Standards" (UGMS). The Uniform Grant Management Standards
were developed under the authority of Chapter 783 of the Texas Government
Code, which codifies the Uniform Grant and Contract Management Standards
Act of 1981. The federal circulars have been renamed and extensively modified
to reflect state law, policies and practice. Pursuant to the Act and Chapter
2105, Texas Government Code, the prescribed standard financial management
conditions and uniform assurances are applicable to all grants and grant
agreements executed between state agencies, local governments and other affected
entities, as described in §5.142(b) of this title (relating to Purpose,
Applicability, and Scope).
§5.144.Adoption by Reference.
As directed by the Act, the Governor's Office of Budget and Planning
adopts by reference Office of Management and Budget Circular A-87, as annotated
and revised; the Common Rule of OMB Circular A- 102, as annotated and revised;
and OMB Circular A-133, as annotated and revised. These circulars have been
renamed, respectively, "Cost Principles for State and Local Governments and
Other Affected Entities", "State Uniform Administrative Requirements for
Grants and Cooperative Agreements", and "State of Texas Single Audit Circular".
These circulars, adopted effective February 12, 1998, have been further annotated
and revised for clarity and to reduce audit costs.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State, on April 28, 2000.
TRD-200003035
Kevin Van Oort
Assistant General Counsel
Office of the Governor
Earliest possible date of adoption: June 11, 2000
For further information, please call: (512) 463-1788
Chapter 117.
SUPPORT SERVICES DIVISION
Subchapter A. MAIL AND MESSENGER SERVICES
1 TAC §117.31
The General Services Commission proposes amendments to Title
1, T.A.C. §117.31, concerning Mail and Messenger Services . The amendments
are being proposed in order to change the title of Chapter 117 to "Support
Services Division", to revise statutory citations, and to clarify language
and procedures. The amendments are a part of the periodic rule review process
mandated by Texas Government Code, §2001.029 (relating to Agency Review
of Existing Rules).
Mr. Frank H. Mays, Director of the Support Services Division, has determined
for the first five year period the rules are in effect, there will be no adverse
effect to state or local government as a result of enforcing these rules.
Mr. Frank H. Mays, Director of the Support Services Division, further determines
that for each year of the first five-year period the amendments are in effect,
the public benefit anticipated as a result of enforcing these rules will be
clarification of terminology and statutory citations. There will be no effect
on small or large businesses and/or persons.
Comments on the proposals may be submitted to Ann Dillon, General Counsel,
General Services Commission, P.O. Box 13047, Austin, TX 78711-3047. Comments
must be received no later than thirty days from the date of publication of
the proposal to the
Texas Register
.
The amendments are proposed under the authority of the Texas
Government Code, Title 10, Subtitle D, §§2152.003 and 2176.110 which
provides the General Services Commission with the authority to promulgate
rules necessary to implement the sections.
The following code is affected by these rules: Government Code, Title 10,
Subtitle D, Chapter 2176 and Government Code, §2113.103.
§117.31.Mail and Messenger Services.
(a)
The commission
provides and operates an interagency
[
(b)
No personal mail will be carried by the mail and messenger
service.
No package that exceeds 70 pounds will be delivered by the
mail and messenger service.
(c)
State warrants may be delivered by the mail and messenger
service upon agreement [
(d)
Mail
[
(e)
The mail and messenger service may
process and
meter
outgoing
[
(1)
No mail shall be metered for a state agency in excess of
funds provided by the agency, unless approved by the commission so as to avoid
undue delays in processing mail. Any deficit in an agency's postage account
shall be promptly reimbursed to the commission.
(2)
The mail and messenger service will provide each agency
utilizing the metered mail service with a monthly report showing the amounts
of postage used and volume of mail metered.
(3)
Agencies who use the commission's
outgoing mail service for the purpose of postage meter rental requirements
and cost effective mailing requirements will be considered to be in compliance
with Chapter 2176, Government Code and §2113.103, Government Code.
(f)
A state agency located in Travis County
is required
to
[
(1)
For mail equipment or private entity service contracts
under $10,000, an agency shall submit a written justification to the commission
stating why the equipment or service is needed and what benefits are expected
to be received.
(2)
For mail equipment or private service contracts over
$10,000, an agency shall submit a detailed life-cycle cost benefit analysis
to the commission that includes all expected costs and benefits over the life
of the equipment or service. The analysis shall be in a format prescribed
by the commission.
(3)
For any action that will significantly affect its
first class mail practices, a state agency shall provide a written statement
of the need for the action and anticipated benefits. Significant actions affecting
the first class mail practices of an agency include, but are not limited to,
the following:
(A)
creation or elimination of internal mail processing functions,
organization, or staff; and
(B)
addition or elimination of any specific mail processing
activities such as metering, presorting, folding/inserting, or labeling.
(4)
The commission shall
provide
[
(g)
The commission establishes statewide term
contracts for postage meter machine rentals when in the best interest of the
state. Postage for statewide term contracts is purchased separately by state
agencies and cooperative purchasing members. State agencies may pay for postage
in accordance with the requirements of United States Postal Service Domestic
Mail Manual.
[
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State on April 27, 2000.
TRD-200003006
Ann Dillon
General Counsel
General Services Commission
Earliest possible date of adoption: June 11, 2000
For further information, please call: (512) 463-3960
1 TAC §117.41
The General Services Commission proposes amendments to Title
1, T.A.C. §117.41, concerning Business Machine Repair Services. The amendments
are being proposed in order to change the title of Chapter 117 to "Support
Services Division", to revise statutory citations, to update terminology for
"voucher" to "interagency transaction voucher", and to clarify procedures.
The amendments are a part of the periodic rule review process mandated by
Texas Government Code, §2001.029 (relating to Agency Review of Existing
Rules).
Mr. Frank H. Mays, Director of the Support Services Division, has determined
for the first five year period the rules are in effect, there will be no adverse
effect to state or local government as a result of enforcing these rules.
Mr. Frank H. Mays, Director of the Support Services Division, further determines
that for each year of the first five-year period the amendments are in effect,
the public benefit anticipated as a result of enforcing these rules will be
clarification of terminology and statutory citations. There will be no effect
on small or large businesses and/or persons.
Comments on the proposals may be submitted to Ann Dillon, General Counsel,
General Services Commission, P.O. Box 13047, Austin, TX 78711-3047. Comments
must be received no later than thirty days from the date of publication of
the proposal to the Texas Register.
The amendments are proposed under the authority of the Texas
Government Code, Title 10, Subtitle D, §§2152.003 and 2172.002 which
provides the General Services Commission with the authority to promulgate
rules necessary to implement the sections.
The following code is affected by these rules: Government Code, Title 10,
Subtitle D, Chapter 2172, §2172.002.
§117.41.Business Machine Repair Services.
(a)
Under
§2172.002, Texas Government Code
[
(1)
state agencies;
(2)
the legislature; and
(3)
legislative agencies.
(b)
Business Machine Repair Services may be provided [
(c)
Business Machine Repair Services provides
a repair cost estimate under the following circumstances:
(1)
The customer requests a cost estimate
prior to repair service;
(2)
The service involves computer upgrades;
(3)
The service technician determines
that more extensive repairs are needed, including major overhauls; or
(4)
The service technician determines
that repair may not be cost effective for the customer or that parts are too
expensive.
(d)
Business Machine Repair Services' rate
schedule and list of equipment that can be serviced is located at the commission's
internet site (http://www.gsc.state.tx.us).
(e)
Business Machine Repair Services provides
service on the following types of equipment:
(1)
IBM single element typewriter and most
makes and models of electronic typewriters.
(2)
Electronic calculators.
(3)
Dictation transcription equipment.
(4)
Word processors.
(5)
Letter quality printers and laser
printers.
(6)
Dot matrix printers/impact printers.
(7)
Computer monitors.
(8)
Personal computers.
(9)
Laptop computers (most makes and
models).
(10)
Apple computers/printers.
(11)
Facsimile (FAX) transreceivers.
(f)
[
(g)
[
(h)
Business Machine Repair Services will
provide a detailed report of all services performed and a copy of the original
signed work order for services provided to an agency using Business Machine
Repair Services.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State on April 27, 2000.
TRD-200003008
Ann Dillon
General Counsel
General Services Commission
Earliest possible date of adoption: June 11, 2000
For further information, please call: (512) 463-3960
Part 5.
GENERAL SERVICES COMMISSION
shall provide and operate a
] mail and messenger service
to deliver unstamped or non-metered written communications and packages between
the legislature,
state agencies
and legislative agencies
located in Travis County.
between
]
by
the state comptroller,
the commission, and the agency concerned.
Stamped mail
] may be delivered
to and from the United States
Post Office
[
post office
]
upon the agreement of the state agency and the commission.
and presort first class
] mail for state
agencies upon agreement of the state agency and the commission. Each state
agency must [
agree to
] furnish funds to cover amounts of postage
to be metered.
shall
] consult with the commission before
renting,
purchasing, upgrading, or selling mail processing equipment; contracting
with a private entity for mail processing services; or taking any action that
will significantly affect the agency's first class mail practices.
make
] a written response
to the state agency
indicating whether
or not the commission agrees with the intended action and any suggested alternatives.
(g)
The commission is required to adopt guidelines
by which outgoing first class mail practices may be measured and analyzed,
using, to the extent possible, the services of the United States Postal Service.
The guidelines are distributed to state agencies subject to Texas Civil Statutes,
Article 601b, §11.021, and must be reviewed and updated not less often
than once every two years. Not later than the 90th day after the date of the
distribution of the initial guidelines and not less often than annually after
the date of that distribution, the commission shall provide training to state
agency personnel who handle first class mail. The commission shall utilize
free training provided by the United States Postal Service to the maximum
extent feasible.
]
Subchapter B. BUSINESS MACHINE REPAIR SERVICES
Texas Civil Statutes, Article 601b, §11.03
], business machine
repair services must be offered to
the following entities
[
state agencies,
] located in Austin
:
[
.
]
to other governmental entities
] under agreements which comply with the
requirements of the Interagency Cooperation Act (Texas Government Code, Chapter
771) [
or the Interlocal Cooperation Act (Texas Government Code, Chapter
791)
].
(c)
] No privately owned machines
can
[
shall
] be serviced
by Business Machine Repair
.
(d)
] Payment for repair service
is made by an interagency transaction
[
shall be secured by
]
voucher prepared by the commission
after the close of each month.
[
, promptly verified by the appropriate agency.
] The commission
may refuse to
perform
[
do
] additional repair work
with
[
for
] an agency
until outstanding interagency transaction
vouchers are processed.
[
so long as that agency holds unprocessed
a previous voucher
].
Chapter 121.
TELECOMMUNICATIONS SERVICES DIVISION