Adopted Sections An agency may take final action on a section 30 days after a proposal has been published in the Texas Register. The section becomes effective 20 days after the agency files the correct document with the Texas Register, unless a later date is specified or unless a federal statute or regulation requires implementation of the action on shorter notice. If an agency adopts the section without any changes to the proposed text, only the preamble of the notice and statement of legal authority will be published. If an agency adopts the section with changes to the proposed text, the proposal will be republished with the changes. TITLE 1. ADMINISTRATION Part II. Texas Ethics Commission Chapter 20. Campaign Financing Subchapter C. Rules Concerning Reports 1 TAC sec.sec.20.111, 20.113, 20.115, 20.117, 20.119, 20.121, 20. 123, 20.125, 20.127, 20.131, 20.133, 20.135, 20.137, 20.139, 20.151, 20.153, 20.155, 20.157, 20.159, 20.161 The Texas Ethics Commission adopts new sec.sec.20.111, 20.113, 20.115, 20.119, 20.121, 20.123, 20.125, 20.127, 20.131, 20.133, 20.135, 20.137, 20.139, 20. 151, 20.153, 20.155, 20.157, 20.159, and 20.161, concerning rules concerning reports. Section 20.131 and sec.20.155 are adopted to the proposed text as published in the August 11, 1992, issue of the Texas Register (17 TexReg 5607). Section 20.131 was changed by adding a new subsection (a) thus increasing the subsections by one. New subsection (a) provides that late reports for reporting periods ending before March 31, 1993, will be fined $100. Additionally, the fine of $25/day for each day a report is late was reduced to $10/day. See subsection (b). Any other change was not substantive. The new sections delineate the definitions, guidelines, requirements, fines and penalties, and exceptions in regard to campaign reports required to be filed in accordance with Title 15 of the Election Code. The changes are in response to public discussion and deliberation at the commission's public hearing on November 5, 1992. The new sections will provide the public with definitions, guidelines, requirements, notice of penalties and fines, and exceptions in regard to campaign reports required to be filed with the Texas Ethics Commission by those required to file with the commission. No comments were received regarding adoption of the new sections. The new sections are adopted under Texas Civil Statutes, Article 6252-9d.1, which provide the Texas Ethics Commission with the authority to promulgate and adopt rules concerning the statutory requirements of Title 15 of the Election Code. sec.20.131. Calculation and Imposition of Fine. (a) A fine under subsection (b)-(h) of this section is assessed against a late report when the deadline for filing that report is after February 28, 1993. When the deadline for filing the report is before March 1, 1993, the fine assessed is $100. (b) Except as provided by subsections (c), (d), and (e) of this section, the fine for a late report shall be $10 for each day the report is late. (c) The fine for a late report that is required to be filed eight days before any election shall be $100 for each day the report is late. (d) Unless the commission receives payment of a fine calculated under subsections (b) or (c) of this section, then beginning on the 10th day after the filer's receipt of a demand and warning sent under sec.20.125 of this title (relating to Report More than 30 Days Late), and in addition to the fines authorized by subsections (b) or (c), the commission may impose a fine of $1, 000 for each 30 day period that the report is late, including the first 30 day period. The commission may also refer the matter to the appropriate prosecutor for criminal prosecution. (e) The fine for a later report that has been successfully defended under sec.20.135 of this title (relating to Defense of Late Filing), shall be a single fine of $100. (f) The number of days a report is late shall be computed by adding the days beginning on the day after the date for the report and ending on the date a complete report is filed. (g) The commission staff shall assess and collect the fine authorized by this section. (h) The total aggregate fine for a single late report shall not exceed $10,000. sec.20.155. Special Session Report. (a) Contributions reported in a special session report under the Texas Election Code, sec.254.0391, need not be reported again. (b) Any expenditures made during the reporting period of a special session are not reported in the special session report. Such expenditures are reported in the next applicable sworn report of contributions and expenditures. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on November 9, 1992. TRD-9215093 Jim Mathieson Assistant General Counsel Texas Ethics Commission Effective date: November 30, 1992 Proposal publication date: August 11, 1992 For further information, please call: (512) 463-5800 Part V. General Services Commission Chapter 113. Central Purchasing Division Purchasing 1 TAC sec.113.9, sec.113.10 The General Services Commission adopts amendments to sec.113.9 and sec.113. 10, concerning purchasing. Section 113.10 is adopted with changes to the proposed text as published in the September 1, 1992, issue of the Texas Register (17 TexReg 5991). Section 113.9 is adopted without changes and will not be republished. The amendments are required to improve bidding opportunities for disadvantaged businesses, to increase competition, and to assist efforts to comply with Texas Civil Statutes, Article 601b, sec.3.10(b), which requires good faith efforts to assist disadvantaged businesses to receive at least 10% of the value of awarded contracts. The amendment to sec.113.9 increases the term contract amount requiring performance bonds from $25,000 to $100,000. The amendment to sec.113.10 requires agencies to attempt to obtain bids from disadvantaged businesses for spot purchases. Written comments were received from six persons. One comment approved of the amendments and two approved the amendment to sec.113.10 which increases the contract amount for required performance bonds. Two comments criticized the proposed amendment to sec.113.9 in general as increasing agencies' administrative burden and expense. Three commenters questioned the need to distinguish between minority businesses and women-owned businesses and objected to the requirement to note reference sources if no disadvantaged businesses bid. Commenting in favor of the amendments were The University of Texas at Austin- sec.113.9, Texas Tech Health Science Center- sec.113.9, and the Texas A&M University. Commenting against the amendments were Harris County District 149 State Representative, Texas Department of Mental Health and Mental Retardation, The University of Texas at Austin-sec.113.10, The University of Texas at Arlington- sec.113.10, and Texas Tech Health Science Center-sec.113.10. The commission disagrees that a distinction between minority and women-owned businesses is unnecessary. Soliciting bids from each category separately is necessary to insure equal opportunity to both groups. However, requiring at least four bids might dilute the contract opportunities for disadvantaged businesses; therefore the requirement to solicit at least four formal bids is deleted. Only three formal or informal bids, including one from a woman-owned and one from a minority-owned business, will be required. The commission disagrees that requiring a notation of sources referenced to identify disadvantaged businesses is burdensome or expensive because the commission's list of disadvantaged businesses is the only source agencies are required to use. The section is rewritten to make this clear. The amendments are proposed under Texas Civil Statutes, Article 601b, sec.3. 01, which provide the General Services Commission with the authority to promulgate rules necessary to accomplish the purpose of Article 3. sec.113.10. Delegated Purchases. (a) (No change.) (b) Spot purchases. As further required by Texas Civil Statutes, Article 601b, sec.3.08, using state agencies are delegated the authority to make purchases in amounts that do not exceed $5,000 in accordance with the following conditions. (1)-(2) (No change.) (3) The agency must attempt to obtain at least three informal bids, including a minimum of two bids from disadvantaged businesses as defined in Texas Civil Statutes, Article 601b, sec.1.02(3), (including at least one from a minority- owned business and one from a woman-owned business) for all purchases in excess of $1,000 and not over $2,500. The agency must attempt to obtain at least three formal bids, including a minimum of two bids from disadvantaged businesses (including at least one bid from a minority-owned business and at least one bid from a woman-owned business), for all purchases in excess of $2, 500. In the event an agency is unable to locate a minority-owned business and/or a woman- owned business from the commission's Disadvantaged Business Enterprise Directory, which is maintained and accessible electronically, or other available sources, the agency must make a written notation on the spot purchase form of the reference sources used. All bids must be obtained from sources which normally offer for sale the merchandise being purchased. (4)-(5) (No change.) (c)-(l) (No change.) This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on November 9, 1992. TRD-9215086 Judith M. Porras Director, Legal Information and Human Resources General Services Commission Effective date: November 30, 1992 Proposal publication date: September 1, 1992 For further information, please call: (512) 463-3446 TITLE 31. NATURAL RESOURCE AND CONSERVATION Part II. Texas Parks and Wildlife Department Chapter 65. Wildlife Subchapter O. Late Season Migratory Game Bird Proclamation 31 TAC sec.65.334 The Texas Parks and Wildlife Department adopts an amendment to sec.65.334, concerning the Late Season Migratory Game Bird Proclamation, with one change to the proposed text as published in the September 29, 1992, issue of the Texas Register (17 TexReg 6674). The change clarifies text that up to three mallard ducks may be taken not to include more than one female mallard duck. The amendment complies with the framework as established by the United States Fish and Wildlife Service. The rule is needed to comply with the federal framework of the Central Flyway. The rule will permit the taking of one additional mallard drake in the High Plains Mallard Management Unit. No comments were received regarding adoption the amendment. The amendment is adopted under the Texas Parks and Wildlife Code, Chapter 64, Subchapter C, which provides the Texas Parks and Wildlife Commission with authority to regulate seasons, means, methods, and devices for taking and possessing migratory game bird wildlife resources. sec.65.334. Bag and Possession Limits. (a) (No change.) (b) The bag and possession limits are as follows. (1) Ducks, coots, and mergansers. (A) Ducks. Except as specifically provided for Mallards in the High Plains Mallard Management Unit, the daily bag limit is the aggregate of three ducks which may include no more than two mallards (no more than one of which may be a female mallard), one mottled duck, one pintail, one redhead, or two wood ducks. In the High Plains Mallard Management Unit, the daily bag limit is the aggregate of three ducks as provided in this section, except that it may include three mallards not to include more than one female mallard. Possession limit shall be twice the daily bag limit. (B)-(C) (No change.) (2)-(5) (No change.) (c)-(f) (No change.) This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on November 9, 1992. TRD-9215055 Paul M. Shinkawa Director, Legal Services Texas Parks and Wildlife Department Effective date: December 1, 1992 Proposal publication date: September 29, 1992 For further information, please call: 1 (800) 792-1112, Ext. 4433 or (512) 389- 4433 Subchapter O. Late Season Migratory 31 TAC sec.65.335 The Texas Parks and Wildlife Department adopts an amendment to sec.65.335, concerning then Late Season Migratory Game Bird Proclamation, without changes to the proposed text as published in the October 2, 1992, issue of the Texas Register (17 TexReg 6760). The amendment reduces the length of the extended falconry season for waterfowl by seven days. The rule is needed to correct an error in the total number of days allotted for the extended falconry season for waterfowl. The rule will provide a correct season length for the extended falconry season. No comments were received regarding adoption of the amendment. The amendment is adopted under the Texas Parks and Wildlife Code, Chapter 64, Subchapter C, which provides the Texas Parks and Wildlife Commission with authority to establish open seasons, means, methods, and devices for taking and possessing migratory game birds. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on November 9, 1992. TRD-9215054 Paul M. Shinkawa Director, Legal Services Texas Parks and Wildlife Department Effective date: December 1, 1992 Proposal publication date: October 2, 1992 For further information, please call: 1 (800) 792-1112, Ext. 4433 or (512) 389- 4433