PART 1. COMPTROLLER OF PUBLIC ACCOUNTS
CHAPTER 1. CENTRAL ADMINISTRATION
SUBCHAPTER A. PRACTICE AND PROCEDURES
The Comptroller of Public Accounts adopts the repeal of §1.71, concerning purchasing, without changes to the proposed text as published in the May 2, 2008, issue of the Texas Register (33 TexReg 3565). The repeal is necessary because The Board of Control was dissolved, and the duties became part of the Texas Building and Procurement Commission. House Bill 3560, 80th Legislature, 2007, transferred the purchasing duties of Texas Building and Procurement Commission to the Comptroller of Public Accounts on September 1, 2007.
No comments were received regarding adoption of the repeal.
This repeal is adopted under Government Code, Title 4, §2155.0012, which allows the comptroller to administer this chapter relating to general purchasing rules.
The repeal implements Government Code, Title 4, §2155.011, which transfers the duties of the commission to the comptroller.
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 10, 2008.
TRD-200803006
Martin Cherry
General Counsel
Comptroller of Public Accounts
Effective date: June 30, 2008
Proposal publication date: May 2, 2008
For further information, please call: (512) 475-0387
The Comptroller of Public Accounts adopts an amendment to §1.72, concerning protest of agency purchases, without changes to the proposed text as published in the May 2, 2008, issue of the Texas Register (33 TexReg 3565). The amendment is to correct the title of "Director of Administrative Services" which is now "Director of Agency Administration" throughout the section.
No comments were received regarding adoption of the amendment.
This amendment is adopted under Government Code, Title 4, §2155.067, which allows each state agency to adopt purchasing protest procedures.
The amendment implements Government Code, Title 4, §2155.0012, which allows the comptroller to adopt rules to administer this chapter.
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 10, 2008.
TRD-200803007
Martin Cherry
General Counsel
Comptroller of Public Accounts
Effective date: June 30, 2008
Proposal publication date: May 2, 2008
For further information, please call: (512) 475-0387
The Comptroller of Public Accounts adopts the repeal of §§1.330 - 1.332, concerning general provisions; purposes, limitations, and lender loan requirements; and filing requirements and consideration of the loan guarantee application, for the administration of the Texas Film Industry Loan Guarantee Program, without changes to the proposed text as published in the May 9, 2008, issue of the Texas Register (33 TexReg 3725). The existing §§1.330 - 1.332 are being repealed pursuant to the expiration of the statute under Sunset Provisions in Government Code, §403.335.
No comments were received regarding adoption of the repeal.
These repeals are adopted under Government Code, Chapter 403, Subchapter N, §403.335, which authorizes the comptroller to abolish the program when the subchapter expires September 1, 2005.
The repeals implement Government Code, §403.335.
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 16, 2008.
TRD-200803082
Martin Cherry
General Counsel
Comptroller of Public Accounts
Effective date: July 6, 2008
Proposal publication date: May 9, 2008
For further information, please call: (512) 475-0387
CHAPTER 329. ELIGIBILITY CRITERIA FOR STATEWIDE FEDERATIONS/FUNDS AND AFFILIATED ORGANIZATIONS
The State Policy Committee (SPC) of the Texas State Employee Charitable Campaign (SECC) adopts amendments to §329.5, concerning re-certification requirements, without changes to the proposed text as published in the January 25, 2008, issue of the Texas Register (33 TexReg 659). Proposed amendments to §329.1 were withdrawn on May 22, 2008, and withdrawal notice was published in the June 6, 2008, issue of the Texas Register (33 TexReg 4499). New proposed amendments to §329.1 were published in the June 20, 2008, issue of the Texas Register.
The amendment to §329.5 more accurately specifies the information from the Form 990 that must be submitted when an organization is applying to participate using the re-certification procedure, wherein less material is generally required than that which is required when an organization first applies to participate. Because the first part of the Form 990, which ends with the signature page, may be more than six pages long, the language is being changed to clarify that the SPC requires organizations to submit all pages of the Form 990 that precede and include the signature page.
No comments were received regarding adoption of the amendment.
The amendment is adopted under the authority of Texas Government Code, §659.139, which provides that the state employee charitable campaign must be managed fairly and equitably in accordance with the SECC law and the policies and procedures established by the state policy committee. The SPC interprets this statute to authorize the adoption of rules to the extent that the policies and procedures adopted are of general applicability and affect the rights of third parties, namely charitable organizations, local campaign managers, local employee committees, the state advisory committee, the state campaign manager, and state employees.
The amendment also implements Government Code, §659.140(e)(3), wherein the SPC is directed to determine the eligibility of a federation or fund and its affiliated agencies to participate in the SECC. Basic eligibility requirements are addressed by statute in §659.146, concerning eligibility of charitable organizations in general, and eligibility of federations and funds for statewide participation. The amendment incorporates those basic requirements and provide a process to facilitate review of an organization based on those provisions.
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 12, 2008.
TRD-200803045
Michael C. Esparza
Certifying Officer, State Policy Committee
State Employee Charitable Campaign
Effective date: July 2, 2008
Proposal publication date: January 25, 2008
For further information, please call: (512) 475-0387
The State Policy Committee (SPC) of the Texas State Employee Charitable Campaign (SECC) adopts amendments to §330.7, concerning re-certification requirements, without changes to the proposed text as published in the January 25, 2008, issue of the Texas Register (33 TexReg 661). Proposed amendments to §330.1 were withdrawn on May 22, 2008, and withdrawal notice was published in the June 6, 2008, issue of the Texas Register (33 TexReg 4499). New proposed amendments to §330.1 were published in the June 20, 2008, issue of the Texas Register.
The amendment to §330.7 more accurately specifies the information from the Form 990 than must be submitted when an organization is applying to participate using the re-certification procedure, wherein less material is generally required than that which is required when an organization first applies to participate. Because the first part of the Form 990, which ends with the signature page, may be more than six pages long, the language is being changed to clarify that the SPC requires organizations to submit all pages of the Form 990 that precede and include the signature page.
No comments were received regarding adoption of the amendment.
The amendment is adopted under the authority of Texas Government Code, §659.139, which provides that the state employee charitable campaign must be managed fairly and equitably in accordance with the SECC law and the policies and procedures established by the state policy committee. The SPC interprets this statute to authorize the adoption of rules to the extent that the policies and procedures adopted are of general applicability and affect the rights of third parties, namely charitable organizations, local campaign managers, local employee committees, the state advisory committee, the state campaign manager, and state employees.
The amendment implements Government Code, §659.143(e)(2), wherein the LEC is directed to determine the eligibility of local charitable organizations to participate in the SECC. Basic eligibility requirements are addressed by statute in §659.146, concerning eligibility of charitable organizations in general. These amendments incorporate those basic requirements and provide a process to facilitate review of an organization based on those provisions.
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 12, 2008.
TRD-200803046
Michael C. Esparza
Certifying Officer, State Policy Committee
State Employee Charitable Campaign
Effective date: July 2, 2008
Proposal publication date: January 25, 2008
For further information, please call: (512) 475-0387
The State Policy Committee (SPC) of the Texas State Employee Charitable Campaign (SECC) adopts amendments to §331.5, concerning appeal process, without changes to the proposed text as published in the January 25, 2008, issue of the Texas Register (33 TexReg 662).
The amendment to §331.5 changes the deadline for organizations to submit appeals to the SPC from a date tied to the date of a future SPC meeting to a date specific to be determined by the State Campaign Manager (SCM) on an annual basis. The change allows for organizations to more easily determine the specific date for submitting appeals without having to first determine the date of the next scheduled SPC meeting, and it helps ensure that the SCM will not create a deadline that inadvertently conflicts with the rule. Historically, the SCM has informed applicants of the date by which appeals are due in the letter notifying of the rejection of the application. This has afforded applicants the greatest and most accurate notice concerning the date that appeals are due. This rule would not change that historical and current practice but is instead predicated on that practice, namely, that the SCM will notify the applicants of the date by which appeals must be submitted.
No comments were received regarding adoption of the amendment.
The amendment is adopted under the authority of Texas Government Code, §659.139, which provides that the state employee charitable campaign must be managed fairly and equitably in accordance with the SECC law and the policies and procedures established by the state policy committee. The SPC interprets this statute to authorize the adoption of rules to the extent that the policies and procedures adopted are of general applicability and affect the rights of third parties, namely charitable organizations, local campaign managers, local employee committees, the state advisory committee, the state campaign manager, and state employees.
The amendment implements Government Code, §659.146(e), which authorizes the SPC to prescribe the manner by which appeals from SPC decisions on statewide applications shall be conducted.
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 12, 2008.
TRD-200803047
Michael C. Esparza
Certifying Officer, State Policy Committee
State Employee Charitable Campaign
Effective date: July 2, 2008
Proposal publication date: January 25, 2008
For further information, please call: (512) 475-0387
The State Policy Committee (SPC) of the Texas State Employee Charitable Campaign (SECC) adopts amendments to §332.1, concerning administrative review, and §332.5, concerning appeal process, without changes to the proposed text as published in the January 25, 2008, issue of the Texas Register (33 TexReg 663).
The amendment to §332.1 instructs the LCM on the handling of applications that are not eligible for LEC review as a result of the application being incomplete or missing required documentation. Under the amended rule, the LCM would be required to submit a report to the LEC of the applications that will not be submitted for LEC review for the reasons stated above. This step is added so that the LEC is aware of applications that are being received by the SECC but that are not being reviewed. In the event an LEC member were to be contacted regarding one of these applications, the LEC member would have the benefit of first having been made aware of the situation by the LCM report.
The amendment to §332.5 changes the deadline for organizations to submit appeals to the SPC from a date tied to the date of a future SPC meeting to a date specific to be determined by the State Campaign Manager (SCM). The change allows for organizations to determine the specific date for submitting appeals more easily without having to first determine the date of the next scheduled SPC meeting, and it helps ensure that the SCM will not create a deadline that inadvertently conflicts with the rule. Historically, the LCM has informed applicants of the date by which appeals are due to the SPC in the letter rejecting the application. This has afforded applicants the greatest and most accurate notice concerning the date that appeals are due. This rule would not change that historical and current practice but is instead predicated on that practice, namely, that the SCM will notify the LCM and that the LCM will notify the applicants of the date by which appeals must be submitted.
No comments were received regarding adoption of the amendment.
The amendments are adopted under the authority of Texas Government Code, §659.139, which provides that the state employee charitable campaign must be managed fairly and equitably in accordance with the SECC law and the policies and procedures established by the state policy committee. The SPC interprets this statute to authorize the adoption of rules to the extent that the policies and procedures adopted are of general applicability and affect the rights of third parties, namely charitable organizations, local campaign managers, local employee committees, the state advisory committee, the state campaign manager, and state employees.
The amendment to §332.1 implements Government Code, §659.144(c)(2), which directs the LCM to manage the local state employee charitable campaign in the campaign area.
The amendment to §332.5 implements Government Code, §659.147(d) which authorizes the SPC to prescribe the manner by which appeals from LEC decisions on local applications shall be conducted.
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 12, 2008.
TRD-200803048
Michael C. Esparza
Certifying Officer, State Policy Committee
State Employee Charitable Campaign
Effective date: July 2, 2008
Proposal publication date: January 25, 2008
For further information, please call: (512) 475-0387