Part 1. COMPTROLLER OF PUBLIC ACCOUNTS
Chapter 20. TEXAS PROCUREMENT AND SUPPORT SERVICES
Subchapter C. PROCUREMENT
The Comptroller of Public Accounts adopts an amendment to §20.52, concerning advisory committees, without changes to the proposed text as published in the February 15, 2008, issue of the Texas Register (33 TexReg 1273). This section is being amended to implement House Bill 3560, 80th Legislature Session, 2007, and Government Code, §§2155.080, 2155.081, and 2110.005.
House Bill 3560, §1.06, transferred procurement duties of the former Texas Building and Procurement Commission to the comptroller, including those duties in Government Code, Chapter 2155. Government Code, §2155.080 authorizes the comptroller to establish an advisory committee on procurement. The purpose of the advisory committee on procurement is to represent before the comptroller the state agency purchasing community and the political subdivisions that use the comptroller’s purchasing services. Government Code, §2155.081, authorizes the comptroller to establish a vendor advisory committee. The purpose of the vendor advisory committee is to represent before the comptroller the vendor community, to provide information to vendors, and to obtain vendor input on state procurement practices. Government Code, §2110.005, requires a state agency that establishes an advisory committee to state in a rule the purpose and tasks of the committee and the manner in which the committee will report to the agency.
The comptroller is adopting an amendment to these rules to establish these committees as advisory committees to the comptroller, to clarify the purpose and tasks of these committees, and to clarify the comptroller’s new role with respect to these committees.
Subsection (a) is being amended to clarify the role of the comptroller in establishing the advisory committees and the applicability of Government Code, Chapter 2110. Subsection (b) is being amended to clarify the functions of the committees, the role of the Director of Texas Procurement and Support Services (TPASS), and the duration of the committees. Subsection (c) is being amended to clarify the purpose, tasks and composition of the advisory committee on procurement. Subsection (d) is being amended to clarify the purpose, tasks and composition of the vendor advisory committee.
No comments were received regarding adoption of the amendment and there were no comments received at the public hearing held March 24, 2008.
This amendment is adopted under Government Code, §2155.080 and §2155.081, which authorize the comptroller to establish the advisory committees; Government Code, §2110.005, which provides that a state agency that establishes an advisory committee shall adopt rules outlining the purpose and tasks of the committee; Government Code, §2152.003, which authorizes the Texas Building and Procurement Commission (and now the comptroller) to adopt rules to administer Subtitle D (State Purchasing and General Services) of Title 10, Government Code; House Bill 3560, §1.01 (amending Government Code, §2151.003), which provides that a statutory reference to the Texas Building and Procurement Commission means the comptroller in all circumstances except where the provision relates to state buildings, grounds or property or as otherwise provided by law; and House Bill 3560, §1.06 (adding Government Code, §2155.0011) which provides that the powers and duties of the Texas Building and Procurement Commission under Government Code, Chapter 2155, are transferred to the comptroller.
The adoption implements Government Code, §2155.080 and §2155.081.
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 April 4, 2008.
TRD-200801761
Martin Cherry
General Counsel
Comptroller of Public Accounts
Effective date: April 24, 2008
Proposal publication date: February 15, 2008
For further information, please call: (512) 475-0387