43 TAC §§53.90 - 53.94
The Board of Directors (the "Board") of the Texas Turnpike
Authority Division (the "authority") of the Texas Department of Transportation
adopts new §§53.90-53.94, concerning procurement of contract workforce,
without changes to the proposed text as published in the October 22, 1999,
issue of the
Texas Register
(24 TexReg 9273)
and will not be republished.
These rules are adopted pursuant to Article IX, §9-11.18 of House
Bill 1, the Appropriations Act of the 76th Legislature (the "Appropriations
Bill"), which requires the development of policies and procedures for an agency's
procurement of contract workforce and requires consideration of various issues
in connection with the utilization of contract workforce.
EXPLANATION OF NEW RULES
The authority relies heavily on the use of contract workforce for the planning
and development of turnpike projects pursuant to its authority under Transportation
Code, Chapter 361. Given the magnitude of turnpike projects it is not feasible
for the authority to retain all of the employees necessary to study, plan,
design, construct, operate, and maintain those projects. Therefore, contract
workforce is an important resource for the authority.
The Appropriations Bill requires that agencies review certain issues in
connection with their use of contract workforce. The adopted rules are intended
to implement that requirement recognizing the authority's unique need for
the use of contract workforce relative to other state agencies.
Section 53.90 sets forth the purpose of subchapter E, which is to require
that certain analyses be conducted prior to using contract workforce.
Section 53.91 contains the definitions of certain terms used in the subchapter,
including the phrase contract workforce which, pursuant to the Appropriations
Bill, is defined to include independent contractors, temporary workers supplied
by staffing companies, contract company workers and consultants.
Section 53.92 requires the Authority to consider whether the use of contract
workforce is consistent with its staffing strategies, and identifies criteria
to consider in that analysis.
Section 53.93 requires the authority to conduct a cost-benefit analysis
prior to using contract workforce, comparing, in general, the costs of utilizing
contract workforce to the cost of meeting the needs through employees of the
Authority.
Section 53.94 refers to a report prepared by the State Auditor's office
(S.A.O. Report 99-326) as providing guidance on the analyses required under
the rules contained in subchapter E of Chapter 53.
No oral or written comments were received regarding adoption of the rules.
The new sections are adopted under Transportation Code, §361.042,
which requires the Board to adopt rules of the regulation of its affairs and
the conduct of its business, as well as under Transportation Code, §361.231,
concerning contract awards and obligations assumed; and §361.049, regarding
procurement of professional consulting services.
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 March 17, 2000.
TRD-200002005
Phillip Russell
Director
Texas Turnpike Authority Division of the Texas Department of Transportation
Effective date: April 6, 2000
Proposal publication date: October 22, 1999
For further information, please call: (512) 936-0911