TITLE 25.HEALTH SERVICES

Part 2. TEXAS DEPARTMENT OF MENTAL HEALTH AND MENTAL RETARDATION

Chapter 417. AGENCY AND FACILITY RESPONSIBILITIES

Subchapter S. NEGOTIATION AND MEDIATION OF CERTAIN CONTRACT CLAIMS AGAINST TDMHMR

The Texas Department of Mental Health and Mental Retardation (TDMHMR) adopts new §§417.901 - 417.925 of new Chapter 417, Subchapter S, concerning negotiation and mediation of certain contract claims against TDMHMR, without changes to the proposed text as published in the November 10, 2000, issue of the Texas Register (25TexReg11237-11241).

Texas Government Code, §2260.052(c) requires that the units of state government with rulemaking authority adopt rules to establish provisions for negotiation and mediation of certain breach of contract claims asserted by contractors against the State of Texas. Section 2260.052(c) directs the Office of the Attorney General (OAG) and the State Office of Administrative Hearings (SOAH) to provide model rules for negotiation and mediation that units of state government with rulemaking authority may voluntarily adopt or modify as they deem appropriate. The new rules are a modified version of the model rules provided by the OAG and the SOAH.

No written comment on the proposal was received.

1. GENERAL

25 TAC §§417.901 - 417.905

The new rules are adopted under the Texas Government Code, §2260.052(c), which requires that the units of state government with rulemaking authority adopt rules to establish provisions for negotiation and mediation of certain breach of contract claims asserted by contractors against the State of Texas.

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 February 2, 2001.

TRD-200100691

Andrew Hardin

Chairman, Texas MHMR Board

Texas Department of Mental Health and Mental Retardation

Effective date: February 22, 2001

Proposal publication date: November 10, 2000

For further information, please call: (512) 206-5216


2. NEGOTIATION

25 TAC §§417.906 - 417.915

The new rules are adopted under the Texas Government Code, §2260.052(c), which requires that the units of state government with rulemaking authority adopt rules to establish provisions for negotiation and mediation of certain breach of contract claims asserted by contractors against the State of Texas.

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 February 2, 2001.

TRD-200100692

Andrew Hardin

Chairman, Texas MHMR Board

Texas Department of Mental Health and Mental Retardation

Effective date: February 22, 2001

Proposal publication date: November 10, 2000

For further information, please call: (512) 206-5216


3. MEDIATION

25 TAC §§417.916 - 417.925

The new rules are adopted under the Texas Government Code, §2260.052(c), which requires that the units of state government with rulemaking authority adopt rules to establish provisions for negotiation and mediation of certain breach of contract claims asserted by contractors against the State of Texas.

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 February 2, 2001.

TRD-200100693

Andrew Hardin

Chairman, Texas MHMR Board

Texas Department of Mental Health and Mental Retardation

Effective date: February 22, 2001

Proposal publication date: November 10, 2000

For further information, please call: (512) 206-5216