PART 5. TEXAS FACILITIES COMMISSION
CHAPTER 116. PROPERTY MANAGEMENT DIVISION
SUBCHAPTER A. STATE OWNED PROPERTY
Introduction and Background
The Texas Facilities Commission (the Commission) announces its adoption of new rule designated as 1 TAC §116.14, concerning requirements for energy-savings measures associated with certain vending machines located in State-owned or State-leased buildings. Section 116.14 is adopted without changes to the proposed text as published in the November 7, 2008, issue of the Texas Register (33 TexReg 9019). The new section is promulgated under the rulemaking authority granted to the Commission in Texas Government Code, §2165.058 (Vernon 2008).
Justification for the Rule
Section 116.14 is adopted to establish minimum technical specifications for energy-savings devices associated with certain new vending machines located in State-owned or State-leased buildings as required by statute. The new section also addresses energy-savings devices associated with certain existing vending machines located on State property and establishes a time period within which the requirements must be implemented.
Summary of Comments
The comment period ended December 8, 2008.
One comment was received from the public regarding the proposal of §116.14 in which the commenter inquired as to whether the proposed new rule would apply to vending machines located in public schools. Whether the proposed new rule, 1 TAC §116.14, applies to a public school is a fact question that depends on whether the specific public school is located within a building owned or leased by the State of Texas. For example, the Texas School for the Deaf, the Texas School for the Blind and Visually Impaired, and other public schools located in buildings owned or leased by the State of Texas would be affected by this rule. A public school operated within an independent school district may or may not be affected depending on ownership of the real property and buildings on which the school is located. The comment results in no change to the text of the proposed rule.
Statutory Authority
The new rule is adopted under Texas Government Code, §2165.058, which requires the Commission to promulgate rules relating to the specifications for and regulation of mandatory energy-savings devices on certain vending machines located in State-owned or State-leased buildings.
Cross Reference to Statute
The adopted rule affects §2165.058 of the Texas Government Code.
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 December 18, 2008.
TRD-200806568
Kay Molina
General Counsel
Texas Facilities Commission
Effective date: January 7, 2009
Proposal publication date: November 7, 2008
For further information, please call: (512) 463-7161
Introduction and Background
The Texas Facilities Commission (the Commission) announces its adoption of amendments to 1 TAC §§126.1 - 126.4, concerning the transfer, sale, auction, or other disposition of State of Texas surplus and salvage property, either by the State agency that owns the subject property or by the Commission, on behalf of the State of Texas under Texas Government Code, Chapter 2175. The Commission further announces its adoption of the proposed repeal of 1 TAC §§126.5, 126.6, 126.20, and 126.21, relating to proceeds from disposition of State surplus and salvage property, purchase of chairs, and federal surplus and salvage property respectively, as the text provided the public no additional guidance or direction than that reflected in the governing statutes. The amendments to §§126.1 - 126.4 and the repeal of §§126.5, 126.6, 126.20, and 126.21 are adopted without changes to the proposal as published in the November 7, 2008, issue of the Texas Register (33 TexReg 9020). The rule amendments and repeals are adopted pursuant to the Commission's rulemaking authority found in Texas Government Code, §§2175.061(b) and (d); 2175.065(b); 2175.129(b); and 2175.186(b) (Vernon 2008).
Justification for the Rule
The amendments to 1 TAC §§126.1 - 126.4 are adopted to reflect the agency's name change, to ensure consistency with governing statutes, and to correct typographical errors. Adoption of the repeal of 1 TAC §§126.5, 126.6, 126.20, and 126.21 is proper as the text to these rules provide the public with no additional guidance or direction than contained in the governing statutes.
Summary of Comments
The comment period ended December 8, 2008. No comments were received.
SUBCHAPTER A. STATE SURPLUS AND SALVAGE PROPERTY
Statutory Authority
The amendments are adopted under Texas Government Code, §§2175.061(b) and (d); 2175.065(b); 2175.129(b); and 2175.186(b) (Vernon 2008).
Cross Reference to Statute
The adopted amendments affect Chapter 2175 of the Texas Government Code.
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 December 18, 2008.
TRD-200806563
Kay Molina
General Counsel
Texas Facilities Commission
Effective date: January 7, 2009
Proposal publication date: November 7, 2008
For further information, please call: (512) 463-7220
Statutory Authority
The repeal is adopted under Texas Government Code, §§2175.061(b) and (d); 2175.065(b); 2175.129(b); and 2175.186(b) (Vernon 2008).
Cross Reference to Statute
The adopted repeal affects Chapter 2175 of the Texas Government Code.
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 December 18, 2008.
TRD-200806564
Kay Molina
General Counsel
Texas Facilities Commission
Effective date: January 7, 2009
Proposal publication date: November 7, 2008
For further information, please call: (512) 463-7220
Statutory Authority
The repeal is adopted under Texas Government Code, §§2175.061(b) and (d); 2175.065(b); 2175.129(b); and 2175.186(b) (Vernon 2008).
Cross Reference to Statute
The adopted repeal affects Chapter 2175 of the Texas Government Code.
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 December 18, 2008.
TRD-200806567
Kay Molina
General Counsel
Texas Facilities Commission
Effective date: January 7, 2009
Proposal publication date: November 7, 2008
For further information, please call: (512) 463-7220