Part 18.
TELECOMMUNICATIONS INFRASTRUCTURE FUND BOARD
Chapter 471.
OPERATING RULES OF THE TELECOMMUNICATIONS INFRASTRUCTURE FUND BOARD
The Telecommunications Infrastructure Fund Board (TIFB) adopts the
repeal of §§471.3, 471.5, 471.7, 471.9, 471.11, 471.13, 471.15,
471.17, 471.19, 471.30-471.33, 471.50, 471.60, 471.70, 471.80, 471.90-471.92,
and 471.100, concerning Operating Rules of the Telecommunications Infrastructure
Fund Board and adopts new §471.3 relating to gifts and donations, §471.11
relating to contract dispute resolution, and §471.51 relating to appeals
by applicants from adverse funding decisions. The repeals and new sections
are adopted without changes to the proposed text as published in the April
6, 2001, issue of the
Texas Register
(26 TexReg
2583) and will not be republished.
The Telecommunications Infrastructure Fund Board previously published proposed
new §471.13, relating to contracting with historically underutilized
businesses, in the April 6, 2001, issue of the
Texas
Register
(26 TexReg 2584). That version has been withdrawn elsewhere
in this issue of the
Texas Register
.
Elsewhere in this issue of the
Texas Register
, the Telecommunications Infrastructure Fund Board contemporaneously
adopts the review of Chapter 471, concerning Operating Rules of the Telecommunications
Infrastructure Fund Board. The rule review is pursuant to the requirements
of the Appropriations Act of 1997, House Bill 1, Article IX, §167.
The repeals are adopted to remove from the Texas Administrative Code policies
concerning only the internal management and organizations of the TIFB and
not affecting private rights or procedures. The TIFB intends to transfer all
or part of the repealed sections to the TIFB Administrative Guidelines.
New §471.3 is adopted to notify potential donors of the requirements
of Texas Government Code, Chapter 575 and to comply with the requirement of
Government Code, Chapter 2255. Chapter 575 requires agencies to follow certain
procedures in accepting gifts of property of a value of $500 or more. Chapter
2255 requires agencies to adopt rules creating ethical guidelines for donations
from private donors. The new section establishes a procedure the TIFB will
be following in accepting gifts and donations of a value of $500 or more and
creates ethical guidelines between the TIFB and donors by describing approved
relationships and restricted activities.
New §471.11 is adopted to comply with the requirements of Government
Code, §2260.052(c) which directs all agencies with rulemaking authority
to develop rules for the negotiation and mediation of certain contractual
claims. The new section provides that the dispute resolution process provided
by Government Code, Chapter 2260 is the exclusive remedy for resolving breach
of contract claims against the TIFB and adopts the procedural rules of the
Office of the Attorney General issued pursuant to Chapter 2260 as published
in 1 Texas Administrative Code 68.1 et seq.
New §471.51 is adopted to provide an opportunity for appeal to the
Executive Director by grant applicants or grantees from adverse funding decisions.
The new section is adopted to provide a fair process for appeal.
No comments were received regarding adoption of the repeal and new rules.