TITLE 1.ADMINISTRATION

Part 3. OFFICE OF THE ATTORNEY GENERAL

Chapter 69. CENTRAL PURCHASING

Subchapter B. HISTORICALLY UNDERUTILIZED BUSINESS PROGRAM

1 TAC §69.25

The Office of the Attorney General ("OAG") proposes new Subchapter B, §69.25, relating to its historically underutilized business ("HUB") program. The purpose of the new subchapter is to comply with the Texas Government Code, Title 10, Subtitle D, Chapter 2161, §2161.003, which requires state agencies to adopt General Services Commission ("GSC") rules governing their HUB program for construction projects and purchases of goods and services paid for with state-appropriated funds. The OAG proposes one addition to the text. The GSC rules are found at 1 Texas Administrative Code ("TAC"), Title 1 Administration, Part 5 General Services Commission, Chapter 111 Executive Administration Division, Subchapter B Historically Underutilized Business Program, §§111.11-111.28. ("TAC")

Dave Liebich, Purchasing Manager, Budget and Purchasing Division, has determined that for each year of the first five years that the proposed rules are in effect:

A. the additional estimated cost to the state expected as a result of enforcing or administering the rules will be zero because the rules impose no additional burden on anyone;

B. the estimated reductions in costs to the state and to local governments as a result of enforcing or administering the rules will be zero because the rules impose no additional burden on anyone;

C. the estimated loss or increase in revenue to the state or to local governments as a result of enforcing or administering the rules will be zero because the rules impose no additional burden on anyone.

Mr. Liebich has also determined that for each year of the first five years that the proposed rules are in effect, the public will benefit because of an increased awareness of business opportunities for HUB's and increased opportunities for purchase and contract awards to HUB's.

The proposed rules will have no adverse economic effect on small or large businesses and/or persons who seek to contract with the state, because the proposed rules do not place additional economic burdens on small or large businesses and/or persons who seek to contract with the state. There are no anticipated economic costs to persons who are required to comply with the proposed rules, because there are no additional economic burdens to persons who are required to comply with the proposed rules.

The OAG requests comments on the proposed rules from any interested person. Comments may be submitted, in writing, no later than thirty (30) days after the date of publication of this notice to Beth Page, assistant attorney general, General Counsel Division, Office of the Attorney General, Box 12548, Capitol Station, Austin, Texas 78711-2548, or faxed to (512) 477-6040, or e-mailed to Beth.Page@oag.state.tx.us.

The new subchapter is proposed under Texas Government Code, Title 10, Subtitle D, Chapter 2161, §2161.003, which directs state agencies to adopt the GSC's rules under §2161.002 as the agency's own rules. Those rules apply to agencies' construction projects and purchase of goods and services paid for with appropriated money.

This new subchapter implements the Texas Government Code, Title 10, Subtitle D, Chapter 2161, §2161.003.

§69.25.Historically Underutilized Business Program.

The OAG adopts by reference the GSC rules found at 1 TAC, Title 1 Administration, Part 5 General Services Commission, Chapter 111 Executive Administration Division, Subchapter B Historically Underutilized Business Program, §§111.11-111.28, relating to Historically Underutilized Business Program, with the following addition: For the purpose of Subchapter B §69.25 "Commission" refers to General Services Commission.

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 February 9, 2001.

TRD-200100856

Susan D. Gusky

Assistant Attorney General

Office of the Attorney General

Earliest possible date of adoption: March 25, 2001

For further information, please call: (512) 463-2110


Part 10. DEPARTMENT OF INFORMATION RESOURCES

Chapter 201. PLANNING AND MANAGEMENT OF INFORMATION RESOURCES TECHNOLOGIES

1 TAC §201.6

The Department of Information Resources (department) proposes new §201.6 concerning geographic information standards. The department is also publishing for comment the proposed repeal of subsection (a) of §201.13 concerning geographic information system standards applicable to state agencies and institutions of higher education. Institutions of higher education that acquire geographic information systems or develop geospatial data solely for research or instructional purposes are exempt from the proposed rule. Due to extensive proposed revisions to subsection (a) of §201.13 and the desire to shorten the length of existing §201.13, the department is proposing new §201.6.

Subsection (a) addresses the applicability of the rule. Subsection (b) sets forth the implementation timeframe for new and existing datasets and maintenance. Subsection (c) references additional technical information that would be provided by the Texas Geographic Information Council to aid implementation of the rule. Subsection (d) provides a waiver process for the proposed rule. Subsection (e) contains the standards for geospatial data acquisition and development, geospatial data exchange, geospatial data documentation, mapping datum and the statewide mapping system.

The new rule is proposed in accordance with Texas Government Code §2054.052(a), which provides the department may adopt rules as necessary to implement its responsibilities and Water Code §16.021(b), which requires the department to develop rules related to statewide geo-spatial data and technology standards.

Mr. Eddie Esquivel, director of the Enterprise Operations Division, has determined that for each year of the first five years the proposed rule will be in effect, there will be few fiscal implications for state government as a result of enforcing or administering the proposed rule. Only state agencies and institutions of higher education that use or develop digital geospatial data and geographic information systems are affected by the proposed rule. Those affected may incur administrative and training costs of approximately $1,000 to $2,000 during the first year of the rule being in effect, and no costs during the second through fifth years. The department will provide training for geospatial data documentation for those agencies requiring such training. There will be no fiscal implications for local government as a result of enforcing or administering the proposed rule.

Mr. Esquivel has determined that for each year of the first five years the proposed rule will be in effect, the benefit to the public will be improved access to public domain geospatial datasets and the detailed documentation required to make productive use of these datasets. There will be no effect on small businesses. Mr. Esquivel believes that there is no additional anticipated economic cost to persons who are required to comply with the amended rule.

Comments on proposed §201.6 may be submitted to Renee Mauzy, General Counsel, Department of Information Resources, via mail to P.O. Box 13564, Austin, Texas 78711, or electronically to renee.mauzy@dir.state.tx.us no later than 5:00 p.m., within 30 days after publication.

The rule is proposed under Texas Government Code §2054.052(a), which authorizes the department to adopt rules as necessary to carry out its responsibility under the Information Resources Management and Water Code, §16.021(b), which requires the department to develop rules related to statewide geo-spatial data and technology standards.

Water Code §16.021(b) is affected by the proposed amendment.

§201.6.Geographic Information Standards.

(a)

Applicability. All users and developers of digital geospatial data and geographic information systems in state agencies and state-supported universities must comply with the technical standards specified in this section. Institutions of higher education, as defined by the Education Code, §61.003, are exempt from these standards when geographic information systems are acquired, or digital geospatial data developed, solely for research or instructional purposes. Activities conducted by a registered professional land surveyor while engaged in the practice of professional surveying, as defined in the Professional Land Surveying Practices Act (Art. 5282c, VTCS) are exempt from these standards.

(b)

Implementation timeframe.

(1)

New datasets and dataset enhancement. These standards go into effect immediately for activities involving the acquisition or development of new digital geospatial data, or the enhancement of existing digital geospatial data.

(2)

Existing datasets and dataset maintenance. These standards go into effect one year from the date of adoption for digital geospatial datasets, including related maintenance and field data collection procedures, that were in existence prior to adoption.

(c)

Implementation guidance. Pursuant to Water Code §16.021(b), the Texas Geographic Information Council provides guidance to the executive administrator of the Texas Water Development Board and to the Department of Information Resources (the department). The guidance provided by the Texas Geographic Information Council to the department relates to rules developed by the department for geospatial data and technology standards. In fulfilling its duties under Water Code §16.021(b), the Texas Geographic Information Council publishes and maintains guidance information relating to the implementation of geographic information standards at www.tgic.state.tx.us. State agencies and institutions of higher education are encouraged to utilize the Texas Geographic Information Council guidance in implementing the standards set forth in this rule. However, only the department may modify, or grant waivers from, these standards.

(d)

Waivers. The information resource manager of an agency or institution of higher education that wants to obtain a waiver from the department shall submit a written waiver request to the executive director of the department, 300 West 15th Street, Suite 1300, Austin, Texas 78701. Within ten days of receipt of the request, the department shall notify the requesting agency of any additional information that may be needed to act on the waiver request. The department shall grant or deny the waiver request within the later of thirty days of receipt of the request or thirty days of receipt of the additional information requested by the department in order to act on the waiver request. The department may request that the Texas Geographic Information Council review and comment on the waiver request. The decision of the department regarding the granting or denial of a waiver is final and may not be appealed.

(e)

Standards.

(1)

Geospatial data acquisition and development.

(A)

Standard. An agency planning to acquire, develop, or enhance a digital geospatial dataset that corresponds to a current or planned Texas framework layer shall coordinate such activity with the Texas Geographic Information Council. Texas framework layers are defined as digital orthoimagery, digital elevation models, elevation contours, soil surveys, water features, political boundaries, and transportation.

(B)

Exclusions. This standard excludes geospatial dataset acquisition, development or improvement projects that involve an expenditure of $100,000 or less, or which are performed under contract for an external entity.

(2)

Geospatial data exchange.

(A)

Data format. An agency that originates or adds data content to a digital geospatial dataset and distributes the dataset to other agencies or the public must make the dataset available in at least one digital format which is readily usable by a variety of geographic information system software packages. This requirement does not preclude the agency from offering the dataset in other data formats. Readily usable formats are defined as: Spatial Data Transfer Standard, Digital Line Graph, Digital Elevation Model, Environmental Systems Research Institute ArcInfo Export File, Environmental Systems Research Institute Shape File (and associated files), Bentley MicroStation Design File, AutoDesk AutoCAD Drawing Exchange File, MapInfo, GeoTIFF, TIFF World File, JPEG World File, Lizard Tech Multi-Resolution Seamless Image Database, and ER Mapper Encapsulated Wavelet.

(B)

Purchase of public domain datasets. An agency that purchases a copy of a federal or other public domain geospatial dataset shall make the dataset available to the Texas Natural Resources Information System. Such datasets shall be made available to other agencies and the public via the Texas Natural Resources Information System and/or by the acquiring agency following Texas Natural Resources Information System guidelines.

(3)

Geospatial data documentation.

(A)

Preparation. An agency shall prepare standardized documentation for each digital geospatial dataset that it both (1) originates and/or adds data content to and (2) distributes as a standard product to other governmental entities or the public.

(B)

Format. This standardized documentation shall be in compliance with the Federal Geographic Data Committee's Content Standard for Digital Geospatial Metadata, Version 2 (FGDC-STD-001-1998) or later.

(C)

Delivery. In responding to a request for a digital geospatial dataset, an agency shall provide the requestor a copy of the corresponding metadata documentation.

(D)

Purpose of dataset. Documentation shall include a statement of the purpose or intended use of the dataset and a disclaimer warning against unintended uses of the dataset. If an agency is aware of specific inappropriate uses of the dataset which some users may be inclined to make, the dataset disclaimer shall specifically warn against those uses.

(E)

Geographic information system map product disclaimer. Any map product, in paper or electronic format, produced using geographic information system technology and intended for official use and/or distribution outside the agency, shall include a disclaimer statement advising against inappropriate use. If the nature of the map product is such that a user could incorrectly consider it to be a survey product, the disclaimer shall clearly state that the map is not a survey product.

(4)

Mapping Datum.

(A)

Horizontal datum. All horizontal positional data obtained by an agency or its contractor using on-site measurement techniques shall be referenced to the North American Datum of 1983 (NAD83).

(B)

Vertical datum. All vertical elevation data obtained by an agency or its contractor using on-site measurement techniques shall be referenced to the North American Vertical Datum of 1988 (NAVD88).

(C)

Horizontal datum transformation. Coordinates obtained in a specific horizontal datum may be transformed to another datum for the purposes of compatibility with existing data. The horizontal datum transformation method shall directly use, or be directly traceable to the North American Datum Conversion (NADCON) algorithm. A horizontal datum transformation shall not be performed on positions obtained through high accuracy survey techniques unless the transformation method employs a closed mathematical formula.

(D)

Vertical datum transformation. Coordinates obtained in a specific vertical datum may be transformed to another datum for the purposes of compatibility with existing data. The vertical datum transformation method shall directly use, or be directly traceable to the North American Vertical Datum Conversion (VERTCON) algorithm.

(5)

Statewide mapping system.

(A)

Usage. No existing mapping system has been generally recognized as a standard for minimum-distortion mapping of the entire State of Texas. This section defines such a mapping system, in both a conformal and an equal area version. Either version of this mapping system may be employed for a single geospatial dataset that covers all of, or a large portion of, the State of Texas. Usage of this mapping system is not required. Existing standard mapping systems such as Universal Transverse Mercator and State Plane Coordinate System may be more appropriate for geospatial datasets that cover smaller regions of the State.

(B)

Conformal version. A mapping system named "Texas Centric Mapping System/Lambert Conformal" is hereby defined, and the terms "Texas Centric Mapping System/Lambert Conformal" and its abbreviated form "TCMS/LC" shall be used only in strict accord with this definition: Mapping System Name: Texas Centric Mapping System/Lambert Conformal Abbreviation: TCMS/LC Projection: Lambert Conformal Conic Longitude of Origin: 100 degrees West (-100) Latitude of Origin: 18 degrees North (18) Lower Standard Parallel: 27 degrees, 30 minutes (27.5) Upper Standard Parallel: 35 degrees (35.0) False Easting: 1,500,000 meters False Northing: 5,000,000 meters Datum: North American Datum of 1983 (NAD83) Unit of Measure: meter

(C)

Equal area version. A mapping system named "Texas Centric Mapping System/Albers Equal Area" is hereby defined, and the terms "Texas Centric Mapping System/Albers Equal Area" and its abbreviated form "TCMS/AEA" shall be used only in strict accord with this definition: Mapping System Name: Texas Centric Mapping System/Albers Equal Area Abbreviation: TCMS/AEA Projection: Albers Equal Area Conic Longitude of Origin: 100 degrees West (-100) Latitude of Origin: 18 degrees North (18) Lower Standard Parallel: 27 degrees, 30 minutes (27.5) Upper Standard Parallel: 35 degrees (35.0) False Easting: 1,500,000 meters False Northing: 6,000,000 meters Datum: North American Datum of 1983 (NAD83) Unit of Measure: meter

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 February 12, 2001.

TRD-200100864

Renee Mauzy

General Counsel

Department of Information Resources

Earliest possible date of adoption: March 25, 2001

For further information, please call: (512) 475-2153