40 TAC §453.1
The Texas Veterans Commission proposes new §453.1, concerning
Historically Underutilized Businesses. The new rule will incorporate by reference
the rules adopted by the General Services Commission (GSC) for Historically
Underutilized Businesses. The new rule conforms to Texas Government Code, §2161.003
that directed state agencies to adopt the GSC rules regarding Historically
Underutilized Businesses (HUB) as the agencies own rules. The GSC rules appear
in 1 TAC §§111.11-111.28. The Commission's proposed rule adopts
by reference GSC's rules.
The GSC rules being adopted by reference provide for a policy and a purpose
for the rules, definitions applicable to the HUB rules, annual procurement
HUB utilization goals, subcontracting requirements, agency planning responsibilities,
state agency reporting requirements, a HUB certification process, protests
from denial of HUB applications, compilation of a HUB directory, HUB graduation
procedures, review and revisions of GSC's HUB program, a memorandum of understanding
between GSC and the Texas Department of Economic Development concerning technical
assistance and budgeting for the HUB program, HUB Coordinator responsibilities,
HUB forum programs for state agencies, and a mentor-protégé
program.
Charles A. Buerschinger, Director of Finance and Information Resources,
has determined that for each year of the five years the proposed section will
be in effect, there will be no fiscal impact to state and local governments
as a result of the enforcement or administration of the rule. There will be
no measurable effect on local employment or the local economy as a result
of the proposal.
James E. Nier, Executive Director, has determined that for each year of
the first five years the section is in effect, the public benefits anticipated
as a result of the proposed section will be a more uniform and consistent
approach for the procuring of goods and services from HUB vendors. There is
no anticipated economic cost to persons who are required to comply with the
rule. There is no difference in cost of compliance between micro, small, and
large businesses and no anticipated economic cost for these entities. State
agencies are required to comply with the rules for Historically Underutilized
Business as adopted by GSC.
Comments may be submitted to James E. Nier, Executive Director, Texas Veterans
Commission, P.O. Box 12277 Austin, Texas 78711-2277. Adoption of rules will
be a minimum of 30 days after publication.
The new section is proposed under §2161.003 of the Government
Code which requires that the Commission adopt the GSC rules for Historically
Underutilized Businesses. Section 434.010 of the Government Code provides
that the Commission may adopt rules that it considers necessary for its administration.
The following articles are affected by this proposal: Government Code, §2161.003
Historically Underutilized Businesses. The Commission adopts by reference
the rules promulgated by the GSC regarding Historically Underutilized Businesses,
which are set forth in 1 TAC §§111.11-111.28.
§453.1.Historically Underutilized Business Program.
Historically Underutilized Business Program. The Commission adopts
by reference the rules promulgated by the General Services Commission (GSC)
that are set forth at 1 TAC Chapter 111, Subchapter B, as amended, regarding
the Historically Underutilized Business Program. A copy of the GSC rules may
be obtained by writing to: James E. Nier, Executive Director, Texas Veterans
Commission, E.O. Thompson State Office Building, P.O. Box 12277, Austin, Texas
78711-2277 or by accessing the Web site of the Secretary of State, at www.sos.state.tx.us/tac/.
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 January 22, 2001.
TRD-200100385
James E. Nier
Executive Director
Texas Veterans Commission
Earliest possible date of adoption: March 4, 2001
For further information, please call: (512) 463-5538