The Commission proposes amendments to Title 1, TAC, Chapter 113, Subchapter C, §113.33 concerning school bus specifications; and Subchapter H, §113.137 concerning first choice product justification. The proposed amendments will delete obsolete language, clarify the statutory intent of the Texas Education Code, §34.002 (relating to safety standards), meet the requirement of the Texas Transportation Code, §547.7015 (relating to rules for school buses), and will establish a justification limit for purchases of items designated in Title 1, TAC, §113.137 (relating to Identifying Recycled, Remanufactured or Environmentally Sensitive Commodities or Services for Procurements by State Agencies.)

Paul E. Schlimper, further determines that for each year of the first five-year period the amendments are in effect, the public benefit anticipated as a result of these changes will provide clarification of Texas Education Code, §34.002, meet the requirement of the Texas Transportation Code, Section 547.7015; and establish a justification limit for purchases of items designated as First Choice Products. There will be no effect on large, small or micro-businesses and/or persons, who are required to comply with these rules, and there is no impact on local employment.

Comments on the proposals may be submitted to Cynthia Hill, Acting General Counsel, General Services Commission, P.O. Box 13047, Austin, Texas 78711-3047. Comments must be received no later than thirty days from the date of publication of the proposal to the Texas Register .

Subchapter C. SPECIFICATION

1 TAC §113.33

The amendments are proposed pursuant to the Texas Government Code, §2152.003, Texas Education Code, §34.002 and the Texas Transportation Code, §547.7015.

The following codes are affected by these rules: Texas Government Code, §2152.003, Texas Education Code, §34.002 and the Texas Transportation Code, §547.7015.

§113.33.Selection of Items for Development of Texas Uniform Standards and Specifications.

Items are selected for specification development by or through one or more of the following methods.

(1)

Required by statute.

(A)

School buses. Pursuant to the Texas Education Code, §34.002, the Texas Department of Public Safety, with advice from the commission and the Texas Education Agency, establishes safety standards for school buses used to transport students. Pursuant to the Transportation Code, §547.7015, the commission hereby delegates to the Director of the Central Procurement Division the authority to develop specifications governing the design, color, lighting and other equipment, construction, and operation of school buses. The specifications shall be posted on the commission's website. [ Subtitle F, Chapter 34, the Central Procurement Division has the responsibility to "coordinate and correlate all specification data, finalize and issue the uniform standards and specifications so adopted." ]

(B)

Prison-made products and raw materials. Pursuant to Texas Government Code, Subtitle G, Subchapter B, §497.027, an article or product produced under Subchapter B must meet specifications established by the commission that are in effect when the article or product is produced.