16 TAC §20.5
The Railroad Commission of Texas (Commission) proposes amendments
to §20.5, relating to historically underutilized businesses. The rule
adopts by reference the rules of the Texas General Services Commission in
1 Texas Administrative Code, §§111.11-111.28, relating to historically
underutilized business certification program, and promotes full and equal
business opportunity for all businesses in state contracting. Section 20.5,
originally adopted effective October 8, 1996, was adopted as required by the
General Appropriations Act, House Bill 1, 74th Legislature, 1995, Section
111, titled "Contracting with Historically Underutilized Businesses."
The Commission proposes to amend subsection (a) to update the General Services
Commission sections adopted by reference, as well as their effective dates;
delete subsection (b) because it is no longer required; and amend subsection
(c) to re-designate it as subsection (b). The Commission has concurrently
filed a notice of intention to review §20.5, as it is proposed to be
amended, in accordance with Tex. Gov't Code §2001.039 (
as added by Acts 1999, 76th Leg., ch.1499, §1.11(a)
).
Rebecca Trevino, Director of Finance, has determined that for each year
of the first five years the amendments are in effect there will be no fiscal
implications to state or local governments as a result of the amendments.
The public benefit anticipated as a result of the amendments will be the continued
encouragement by the Railroad Commission of the use of historically underutilized
businesses when procuring goods and services through race-, ethnic-, and gender-neutral
means. There is no anticipated economic cost for small businesses, micro-
businesses, or individuals who will be required to comply with the amendments.
Comments may be submitted to Mary Ross McDonald, Deputy General Counsel,
Office of General Counsel, Railroad Commission of Texas, P.O. Box 12967, Austin,
Texas 78711, or via electronic mail to polly.mcdonald@rrc.state.tx.us. Comments
will be accepted for 10 days following publication in the
Texas Register
. For more information, call Ms. McDonald at (512) 463-7008,
or Ms. Kellie Martinec, Rules Coordinator, at (512) 475-1295.
The Commission proposes the amendments under Texas Government
Code, §2161.003 which requires the Commission to adopt the General Services
Commission's rules under §2161.002 as the agency's own rules, and Texas
Civil Statutes, Article 6447, which authorizes the commissioners to make all
rules necessary for their government and proceedings.
Tex. Gov't Code, §2161.003, and Chapters 2155, 2158, 2161, 2162, 2166,
2252, and 2254, and Texas Civil Statutes, Article 6447, are affected by the
proposed amendments.
Issued in Austin, Texas on April 10, 2001.
§20.5.Historically Underutilized Businesses.
(a)
The Commission adopts by reference
the rules of the Texas General Services Commission in 1 TAC Chapter 111, Subchapter
B, concerning historically underutilized business certification program, as
effective on the following dates:
(1)
§111.11 amended effective April 19, 2000;
(2)
§111.12 amended effective June 13, 2000;
(3)
§111.13 amended effective April 19, 2000;
(4)
§111.14 adopted effective April 19, 2000;
(5)
§111.15 amended effective February 16,
2000;
(6)
§111.16 amended effective June 13, 2000;
(7)
§111.17 amended effective February 16,
2000;
(8)
§111.18 adopted effective October 4, 1995;
(9)
§111.19 adopted effective October 4, 1995;
(10)
§111.20 amended effective February 16,
2000;
(11)
§111.21 amended effective December 7,
1997;
(12)
§111.22 amended effective February 16,
2000;
(13)
§111.23 amended effective February 16,
2000;
(14)
§111.24 amended effective February 16,
2000;
(15)
§111.25 adopted effective February 15,
1998;
(16)
§111.26 adopted effective April 19, 2000;
(17)
§111.27 adopted effective April 19, 2000;
and
(18)
§111.28 adopted effective June 13, 2000.
[
(a)
The commission adopts by reference
the rules of the Texas General Services Commission in 1 TAC §§111.11-111.23,
concerning historically underutilized business certification program, which
became effective October 4, 1995.]
[
(b)
The adoption of this rule
is required by the General Appropriations Act, House Bill 1, 74th Legislature,
1995.]
(b)
[
(c)
] Copies of the rule are filed
in the Railroad Commission's Finance and Accounting Division, located at the
Commission's offices at 1701 North Congress, 9th floor, Austin, Texas 78701,
and at all Commission district offices.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State, on April 10, 2001.
TRD-200102036
Mary Ross McDonald
Deputy General Counsel
Railroad Commission of Texas
Earliest possible date of adoption: May 27, 2001
For further information, please call: (512) 475-1295