34 TAC §5.54
The Comptroller of Public Accounts adopts amendments to §5.54,
concerning consulting services contracts, without changes to the proposed
text as published in the March 31, 2006, issue of the
Texas Register
(31 TexReg 2827).
The primary purpose of the amendments is to conform §5.54 to the changes
made to the consulting services statutes during recent legislative sessions.
During the 75th Legislature, 1997, Senate Bill 645 raised the threshold
for determining whether a consulting services contract is a "major consulting
services contract."
During the 76th Legislature, 1999, Senate Bill 176 amended the consulting
services statutes to require a state agency to notify the Legislative Budget
Board in writing after the agency contracts for consulting services if the
amount of the contract, including any amendment, modification, renewal, or
extension, exceeds $14,000. Any failure to comply with this requirement renders
the contract void.
During the 76th Legislature, 1999, House Bill 3211 extended to twenty days
the deadline for a state agency's filing of certain information with the secretary
of state after the agency renews, amends, or extends a major consulting services
contract. The bill also deleted the authorization for a state agency to make
payments under a consulting services contract that violated certain procedural
requirements of the consulting services statutes after the agency cured the
violation.
During the 78th Legislature, 2003, Senate Bill 1652 amended the consulting
services statutes so that an institution of higher education's consulting
services contract is categorized as a "major consulting services contract"
only if the value of the contract exceeds $25,000. The bill also exempted
an institution's major consulting services contract from the requirement to
obtain a finding of fact from the governor's Budget and Planning Office if
the institution includes in its invitation for offers both a finding of necessity
by the institution's chief executive officer and an explanation of that finding.
The second purpose of the amendments is to require a state agency to provide
the comptroller upon request with a reference to the pages in the Texas Register
that demonstrate the agency's compliance with certain publication requirements
concerning consulting services contracts.
The third purpose of the amendments is to delete provisions that merely
repeat the consulting services statutes.
The fourth purpose of the amendments is to change the supporting documentation
requirements that apply when a payment is made under a consulting services
contract.
The final purpose of the amendments is to make several non-substantive
or technical improvements to §5.54.
No comments were received regarding adoption of the amendment.
The amendments are adopted under Government Code, §2254.039(a),
which requires the comptroller to adopt rules to implement and administer
Government Code, Chapter 2254, Subchapter B.
The amendments implement Government Code, Chapter 2254, Subchapter B.
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 May 17, 2006.
TRD-200602774
Martin Cherry
Chief Deputy General Counsel
Comptroller of Public Accounts
Effective date: June 6, 2006
Proposal publication date: March 31, 2006
For further information, please call: (512) 475-0387