1 TAC §113.135
The Texas Building and Procurement Commission (TBPC) proposes
new Title 1, Texas Administrative Code, Chapter 113, Subchapter H, §113.135
(relating to State Agency Procurements of Recycled, Remanufactured or Environmentally
Sensitive Commodities or Services). This new rule is being proposed to reorganize
existing §113.136 and §113.137 into one section. The new rule also
incorporates legislative changes pursuant to House Bill 2466, 79th Legislature.
Existing §113.136 and §113.137 are being proposed for repeal simultaneously
and published elsewhere in this edition of the
Texas
Register
.
Ms. Joanna B. Peavy, Deputy Executive Director, has determined for the
first five-year period the new section is in effect there will be no fiscal
implications for state or local governments.
Ms. Peavy has further determined that for each year of the first five-year
the rule is in effect, the public benefit anticipated as a result of this
adoption and related repeals of §113.136 and §113.137 will be more
efficient and well-organized rules.
There will not be any effect on large, small or micro-businesses that routinely
participate in state business opportunities because these rules apply only
to governmental entities. There will be no anticipated economic costs to persons
who are required to comply with the rules and there is no impact on local
employment.
Comments on the proposals may be submitted to Rules Coordinator, Legal
Services Division, Texas Building and Procurement Commission, P.O. Box 13047,
Austin, TX 78711-3047. Comments may also be sent via email to: rulescomments@tbpc.state.tx.us.
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 Tex. Gov't
Code Ann. §2155.445 and §2155.448 authorizing the Texas Building
and Procurement Commission to adopt rules relating to the recycling market
development implementation.
The following code sections are affected by these rules: Tex. Gov't Code
Ann. §2155.445 and §2155.448.
§113.135.State Agency Procurements of Recycled, Remanufactured or Environmentally Sensitive Commodities or Services.
(a)
The Texas Building and Procurement Commission (TBPC) may
designate as "First Choice" certain recycled, remanufactured or environmentally
sensitive commodities or services.
(b)
First Choice items are designated recycled, remanufactured,
and environmentally sensitive commodities or services that state agencies
shall give a preference for when purchasing. These items include, but are
not limited to:
(1)
re-refined oils and lubricants;
(2)
recycled content toilet paper;
(3)
toilet seat covers and paper towels;
(4)
recycled content printing, computer and copier paper, and
business envelopes;
(5)
recycled content plastic trash bags;
(6)
recycled content plastic covered binders;
(7)
recycled content recycling containers; and
(8)
Energy Star labeled photocopiers.
(c)
Commodities or services that are designated as First Choice
items will be reflected in the State Procurement Manual. The State Procurement
Manual will be revised as new commodities or services are designated as First
Choice items.
(d)
State agency purchases of commodities or services that
do not accomplish the same purpose as a commodity or service as the First
Choice items identified in the State Procurement Manual should be documented
in the procurement file as required by Texas Government Code §2155.448(b).
(e)
Reports. In accordance with Texas Government Code §2155.448(c),
not later than January 1 of each year, each state agency, excluding institutions
of higher education, must deliver a report of total expenditures for purchases
of goods and services that have recycled material content that are remanufactured
or environmentally sensitive. These reports shall be made to the TBPC at https://portal.tbpc.state.tx.us/.
TXMAS recycled, remanufactured or environmentally sensitive contract purchases
may be added to this report.
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 February 27, 2006.
TRD-200601042
Ingrid K. Hansen
General Counsel
Texas Building and Procurement Commission
Earliest possible date of adoption: April 9, 2006
For further information, please call: (512) 463-7829
Subchapter H. RECYCLING MARKET DEVELOPMENT BOARD (RMDB)
1 TAC §113.136, §113.137
(Editor's note: The text of the following sections proposed for
repeal will not be published. The sections may be examined in the offices
of the Texas Building and Procurement Commission or in the Texas Register
office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
The Texas Building and Procurement Commission (TBPC)
proposes the repeal of Title 1, Texas Administrative Code, Chapter 113, Subchapter
H, §113.136 and §113.137 (relating to Recycling Market Development
Board). These sections are being proposed for repeal because a new §113.135
is being proposed for adoption simultaneously and published elsewhere in this
edition of the
Texas Register.
Ms. Joanna B. Peavy, Deputy Executive Director, has determined for the
first five-year period the repeal is in effect there will be no fiscal implications
for state or local governments.
Ms. Peavy has further determined that for each year of the first five-year
the repeal is in effect, the public benefit anticipated as a result of the
repeal and the related adoption of new §113.135 will be more efficient
and well-organized rules.
There will not be any effect on large, small or micro-businesses that routinely
participate in state business opportunities because these rules apply only
to governmental entities. There will be no anticipated economic costs to persons
who are required to comply with the rules and there is no impact on local
employment.
Comments on the proposals may be submitted to Rules Coordinator, Legal
Services Division, Texas Building and Procurement Commission, P.O. Box 13047,
Austin, TX 78711-3047. Comments may also be sent via email to: rulescomments@tbpc.state.tx.us.
Comments must be received no later than thirty days from the date of publication
of the proposal to the
Texas Register
. Questions
concerning this proposed repeal can be directed to Ms. Connie K. Sanders at
(512) 463-7829.
The repeal of the existing rules is proposed under Tex. Gov't
Code Ann. §2152.003 and §2155.448, which authorizes the Texas Building
and Procurement Commission to adopt identifying recycled, remanufactured or
environmentally sensitive commodities or services and designating purchasing
goals for such commodities and services.
The following code section is affected by these rules: Tex. Gov't Code
Ann. §2155.445 and §2155.448.
§113.136.Definitions.
§113.137.Identifying Recycled, Remanufactured or Environmentally Sensitive Commodities or Services for Procurements by State Agencies.
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 February 27, 2006.
TRD-200601041
Ingrid K. Hansen
General Counsel
Texas Building and Procurement Commission
Earliest possible date of adoption: April 9, 2006
For further information, please call: (512) 463-7829