TITLE 16.ECONOMIC REGULATION

Part 1. RAILROAD COMMISSION OF TEXAS

Chapter 20. ADMINISTRATION

Subchapter A. CONTRACTS AND PURCHASES

16 TAC §20.5

The Railroad Commission of Texas (Commission) adopts amendments to §20.5, relating to historically underutilized businesses, with one change to the version published in the April 27, 2001, issue of the Texas Register (26 TexReg 3106). The rule adopts by reference the rules of the Texas General Services Commission (GSC) in 1 Texas Administrative Code, §§111.11-111.28, relating to historically underutilized business certification program, and promotes full and equal business opportunity for all businesses in state contracting. Section 20.5, originally adopted effective October 8, 1996, was adopted as required by the General Appropriations Act, House Bill 1, 74th Legislature, 1995, Section 111, titled "Contracting with Historically Underutilized Businesses."

The Commission amends subsection (a) to update the General Services Commission sections adopted by reference, as well as their effective dates; delete subsection (b) because it is no longer required; and amend subsection (c) to redesignate it as subsection (b).

The adopted change is in subsection (a)(13) and reflects GSC's recent amendment to §111.23 effective May 16, 2001.

The Commission concurrently adopts the rule review of §20.5, as amended, in accordance with Tex. Gov't Code §2001.039 ( as added by Acts 1999, 76th Leg., ch. 1499, §1.11(a) ).

The Commission received no comments on the proposed amendments or the rule review.

The Commission adopts the amendments under Texas Government Code, §2161.003 which requires the Commission to adopt the General Services Commission's rules under §2161.002 as the agency's own rules, and Texas Government Code, Chapters 2155, 2158, 2161, 2162, 2166, 2252, and 2254, and Texas Civil Statutes, Article 6447, which authorizes the commissioners to make all rules necessary for their government.

Tex. Gov't Code, §2161.003, and Chapters 2155, 2158, 2161, 2162, 2166, 2252, and 2254, and Texas Civil Statutes, Article 6447, are affected by the adopted amendments.

Issued in Austin, Texas, on June 5, 2001.

§20.5.Historically Underutilized Businesses.

(a)

The Commission adopts by reference the rules of the Texas General Services Commission in 1 TAC Chapter 111, Subchapter B, concerning historically underutilized business certification program, as effective on the following dates:

(1)

§111.11 amended effective April 19, 2000;

(2)

§111.12 amended effective June 13, 2000;

(3)

§111.13 amended effective April 19, 2000;

(4)

§111.14 adopted effective April 19, 2000;

(5)

§111.15 amended effective February 16, 2000;

(6)

§111.16 amended effective June 13, 2000;

(7)

§111.17 amended effective February 16, 2000;

(8)

§111.18 adopted effective October 4, 1995;

(9)

§111.19 adopted effective October 4, 1995;

(10)

§111.20 amended effective February 16, 2000;

(11)

§111.21 amended effective December 7, 1997;

(12)

§111.22 amended effective February 16, 2000;

(13)

§111.23 amended effective May 16, 2001;

(14)

§111.24 amended effective February 16, 2000;

(15)

§111.25 adopted effective February 15, 1998;

(16)

§111.26 adopted effective April 19, 2000;

(17)

§111.27 adopted effective April 19, 2000; and

(18)

§111.28 adopted effective June 13, 2000.

(b)

Copies of the rule are filed in the Railroad Commission's Finance and Accounting Division, located at the Commission's offices at 1701 North Congress, 9th floor, Austin, Texas 78701, and at all Commission district offices.

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 June 5, 2001.

TRD-200103136

Mary Ross McDonald

Deputy General Counsel

Railroad Commission of Texas

Effective date: June 25, 2001

Proposal publication date: April 27, 2001

For further information, please call: (512) 475-1295