TITLE 1.ADMINISTRATION

Part 2. TEXAS ETHICS COMMISSION

Chapter 20. REPORTING POLITICAL CONTRIBUTIONS AND EXPENDITURES

Subchapter A. GENERAL RULES

1 TAC §20.27, §20.29

The Texas Ethics Commission adopts new §20.27 concerning electronic filing of telegram reports and new §20.29 concerning information about out-of-state committees. The rules are adopted without changes to the proposed text as published in the March 31, 2000, issue of the Texas Register (25 TexReg 2727) and will not be republished.

The new rules allow telegram reports to be filed with the Ethics Commission by electronic transfer, §20.27, and authorize persons required to file campaign finance reports by electronic transfer to file information about contributions accepted from out-of-state political committees by electronic transfer, §20.29. The reports will be easier to process, will be more accessible to the public, and will allow persons who are required to file campaign finance reports by electronic transfer to file all campaign finance reports, including telegram reports, and information about contributions accepted from out-of-state political committees in that manner.

No comments were received regarding adoption of these rules.

The new sections are adopted under Government Code, Chapter 571, §571.062, which provides authorization, on the affirmative vote of at least six commission members, to adopt rules to administer laws administered and enforced by the commission.

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 July 3, 2000.

TRD-200004650

Tom Harrison

Executive Director

Texas Ethics Commission

Effective date: July 23, 2000

Proposal publication date: March 31, 2000

For further information, please call: (512) 463-5800


Subchapter C. REPORTING REQUIREMENTS FOR A CANDIDATE

1 TAC §20.225

The Texas Ethics Commission adopts an amendment to §20.225 concerning special session reports. The rule is adopted without changes to the proposed text as published in the March 31, 2000, issue of the Texas Register (25 TexReg 2728) and will not be republished.

The amendment requires contributions reported in a special session report to be again reported in the next applicable report. Special session reports filed electronically will be easier to process and the information in the special session reports will be more accessible to the public.

No comments were received regarding adoption of these rules.

The amendment is adopted under Government Code, Chapter 571, §571.062, which provides authorization, on the affirmative vote of at least six commission members, to adopt rules to administer laws administered and enforced by the commission.

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 July 3, 2000.

TRD-200004651

Tom Harrison

Executive Director

Texas Ethics Commission

Effective date: July 23, 2000

Proposal publication date: March 31, 2000

For further information, please call: (512) 463-5800


Part 5. GENERAL SERVICES COMMISSION

Chapter 117. SUPPORT SERVICES DIVISION

Subchapter A. MAIL AND MESSENGER SERVICES

1 TAC §117.31

The General Services Commission adopts amendments to Title 1, T.A.C., §117.31 concerning Mail and Messenger Services, and complying with the requirements of the Texas Government Code, §2001.039 (relating to Agency Review of Existing Rules). The amendments are adopted without changes to the proposed text as published in the May 12, 2000, publication of the Texas Register (25 TexReg 4254). As a result of the amendments, the title to Chapter 117 has been changed to the "Support Services Division". The text will not be republished.

The amendments to §117.31 are adopted in order to change the title to Chapter 117 to "Support Services Division", to revise statutory citations and to clarify language and existing procedures mandated by Texas Government Code, Chapter 2176 and Texas Government Code, §2113.103.

The amendments to §117.31 updates statutory citations, improves clarifies or improves readability of the language, and sets out existing procedures as mandated by the Texas Government Code, §2113.103.

One commenter responded with the following comments. Following each comment is the commission's response.

Comment: The proposed rule change would materially broaden the scope of §117.31(f) by adding renting transactions when those transactions have not been previously subject to the rule.

Response: The commission disagrees. As part of the rule review process, language in existing rules is amended to reflect statutory requirements and authority mandated by the legislature. The amendment to §117.31(f) reflects statutory requirements found in Texas Government Code, Chapter 2176 - Mail, and Texas Government Code §2113.103 - Postage and Postal Services. By law, provided for in Texas Government Code, §§2176.002 and 2176.003, 2176.102 and 2176.104 the General Services Commission is charged with the authority to evaluate the mail operations in state agencies located in Travis County and to make recommendations to identify and eliminate practices resulting in excessive mail costs. This includes the responsibility to evaluate the impact of equipment procurements in order to determine if the equipment the agencies are requesting to procure lease or rent through purchase, may result in excessive mail costs. Specifically, agencies seeking meter rentals must consider the cost and the compatibility of the meter with other agency mailing machines. Texas Government Code, §2113.103, codified by the 76th Legislature also directs state agencies, including an institution of higher education, the legislature, or an agency in the legislative branch of state government to rent a postage meter machine from a company that has been approved by the General Services Commission. The General Services Commission has been conducting review of state mail equipment procurements, except renewals, since S.B. 381 (73rd Leg. Reg. Session) became effective in 1993. The amendment clarifies that upgrades and actions that affect agency mail practices under §2176.104 can occur as a result of rentals as well as purchases. Therefore, the amendment is a reflection or clarification of current statutory requirements and authority of the General Services Commission that have been in effect.

Comment: The notice is invalid because it fails to provide the analysis on the impact on small businesses as required by law; local employment impact statement as required by law; and a certification that the rule has been reviewed by legal counsel and found to be within the GSC's authority to adopt.

Response. The commission disagrees. Texas Government Code, §2006.002 indicates that an adverse economic effect on small business exists if there is a cost for compliance with the rule for small businesses. There is no associated cost to small businesses for compliance with the rule. Therefore, as is stated in the proposed preamble for §117.31 there is no adverse effect on small or large businesses/and or persons. Therefore, there is no local employment impact.

The proposed rules were published in the May 12, 2000 issue of the Texas Register (25 TexReg 4254) which includes the certification statement that the rule has been reviewed by legal counsel and found to be within the General Services Commission's authority to adopt.

Pitney Bowes Inc. - Against

The amendments to §117.31 are adopted under the authority of the Texas Government Code, Title 10, Subtitle D, §§2152.003 and 2176.110 which provides the General Services Commission with the authority to promulgate rules necessary to implement the sections.

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 July 7, 2000.

TRD-200004736

Ann Dillon

General Counsel

General Services Commission

Effective date: July 27, 2000

Proposal publication date: May 12, 2000

For further information, please call: (512) 463-3960


Subchapter B. BUSINESS MACHINE REPAIR

1 TAC §117.41

The General Services Commission adopts amendments to Title 1, T.A.C., §117.41 concerning Business Machine Repair Services. The amendments will change the title of Chapter 117 to the "Support Services Division". The amendments are adopted without changes to the proposed text as published in the May 12, 2000, issue of the Texas Register (25 TexReg 4255). The text will not be republished.

The amendments to §117.41 are adopted in order to delete obsolete language and to clarify procedures.

The amendments to §117.41 change the title of Chapter 117 to the "Support Services Division", revise statutory citations, updates the terminology for "voucher" to "interagency transaction voucher" and clarifies procedures.

No comments have been received concerning the proposed amendments to §117.41.

The amendments are adopted under the authority of the Texas Government Code, Title 10, Subtitle D, §§2152.003 and 2172.002 which provides the General Services Commission with the authority to promulgate rules necessary to implement the section.

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 July 7, 2000.

TRD-200004737

Ann Dillon

General Counsel

General Services Commission

Effective date: July 27, 2000

Proposal publication date: May 12, 2000

For further information, please call:


Chapter 121. TELECOMMUNICATIONS SERVICES DIVISION

1 TAC §§121.1 - 121.8

The General Services Commission adopts amendments to Title 1, T.A.C., Chapter 121, §§121.1, 121.2, 121.3, 121.5 and 121.6 and adopts new §§121.4, 121.7 and 121.8 concerning the Telecommunications Services Division, and complying with the requirements of Texas Government Code, §2001.039 (relating to Agency Review of Existing Rules). The amendments and new rules are adopted without changes to the proposed text as published in the May 12, 2000, issue of the Texas Register (25 TexReg 4256). The text will not be republished.

The amendments and new rules are adopted in order to clarify language and to streamline procedures.

The amendments and new rules will improve the readability of the language in the rules, delineate Capitol Complex Telephone System (CCTS) and Texas Agency Network (TEX-AN) billing procedures, CCTS and TEX-AN user responsibilities, and the Telecommunications Services Division's (TSD) participation in the Telecommunications Planning Group.

No comments have been received concerning the proposed amendments in Chapter 121, §§121.1, 121.2, 121.3, 121.5 and 121.6 and new §§121.4, 121.7 and 121.8.

The amendments and new rules to Chapter 121 are adopted under the authority of the Texas Government Code, Title 10, Subtitle D, §§2152.003, 2170.005, and 2170.007 which provides the General Services Commission with the authority to promulgate rules necessary to implement the sections.

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 July 7, 2000.

TRD-200004733

Ann Dillon

General Counsel

General Services Commission

Effective date: July 27, 2000

Proposal publication date: May 12, 2000

For further information, please call: (512) 463-3960


1 TAC §§121.4, 121.7, 121.8, 121.9

The General Services Commission adopts the repeal of §§121.4, 121.7, 121.8, and 121.9 concerning the Telecommunications Services Division and complying with the requirements of Texas Government Code, §2001.038 (relating to Agency Review of Existing Rules). The repealed rules are adopted without changes to the proposed text as published in the May 12, 2000, issue of the Texas Register (25 TexReg 4258). The text will not be republished.

The repeal of §§121.4, 121.7, 121.8, and 121.9 is adopted in order to adopt new and more efficient rules under Title 1, T.A.C., Chapter 121.

The repeal of §§121.4, 121.7, 121.8, and 121.9 will delete obsolete language and create more efficient rules relating to the Texas Government Code, Chapter 2170 - Telecommunications Services.

No comments have been received concerning the repeal of §§121.4, 121.7, 121.8 and 121.9

The repeals to Chapter 121 are adopted under the authority of the Texas Government Code, Title 10, Subtitle D, §§2152.003, 2170.005, and 2170.007 which provides the General Services Commission with the authority to promulgate rules necessary to implement the sections.

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 July 7, 2000.

TRD-200004734

Ann Dillon

General Counsel

General Services Commission

Effective date: July 27, 2000

Proposal publication date: May 12, 2000

For further information, please call: (512) 463-3960