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") adopts new Subchapter B, §69.25, without changes to the proposed text as published in the February 23, 2001, issue of the Texas Register (26 TexReg 1619), 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 the 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 adopts 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")

No comments were received regarding the adoption of this section.

The new subchapter is adopted 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.

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 May 24, 2001.

TRD-200102975

Susan D. Gusky

Assistant Attorney General

Office of the Attorney General

Effective date: June 13, 2001

Proposal publication date: February 23, 2001

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


Part 5. GENERAL SERVICES COMMISSION

Chapter 113. CENTRAL PURCHASING DIVISION

The General Services Commission adopts the repeal of Title 1, TAC, Chapter 113, Subchapter A, §113.14 concerning the purchases of school districts; and Subchapter B, §113.23 concerning the purchase of school buses equipped with alternative fuel. The repeals are adopted without changes to the proposed text that was published in the April 13, 2001, issue of the Texas Register (26 TexReg 2799) The text will not be published.

The repeal of §§113.14 and 113.23 is adopted in accordance with Chapter 382 (The Clean Air Act), Subchapter F (Alternative Fuels Program, of the Health and Safety Code; and to delete obsolete language.

The adoption of the repeal of §§113.14 and 113.23 will delete obsolete rules concerning the purchase of school buses by school districts; and delete the requirement for school districts to use alternative fuel buses.

No comments were received regarding the repeal of §§113.14 and 113.23.

Subchapter A. PURCHASING

1 TAC §113.14

The repeal of §113.14 is adopted under the authority of Chapter 382 (Clean Air Act), Subchapter F (Alternative Fuels Program of the Health and Safety Code and Texas Government Code, §2152.003.

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 May 23, 2001.

TRD-200102908

Cynthia Hill

Acting General Counsel

General Services Commission

Effective date: June 12, 2001

Proposal publication date: April 13, 2001

For further information, please call: (512) 463-3960


Subchapter B. PURCHASE OF ALTERNATIVE FUEL VEHICLES

1 TAC §113.23

Statutory Authority. The repeal of §113.23 is adopted under the authority of Chapter 382 (Clean Air Act), Subchapter F (Alternative Fuels Program of the Health and Safety Code and Texas Government Code, §2152.003.

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 May 23, 2001.

TRD-200102909

Cynthia Hill

Acting General Counsel

General Services Commission

Effective date: June 12, 2001

Proposal publication date: April 13, 2001

For further information, please call: (512) 463-3960


Chapter 113. CENTRAL PURCHASING DIVISION

The General Services Commission adopts amendments to Title 1, Texas Administrative Code (TAC), Chapter 113, Subchapter C, §113.33 concerning school bus specifications; and Subchapter H, §113.137 concerning first choice product justification. The amendments are adopted without changes to the proposed text that was published on April 13, 2001 in the Texas Register (26 TexReg 2800). The text will not be republished.

The adoption of the amendments to §113,33 and §113.137 are adopted in order to provide clarification of Texas Education Code, §34.002, meet the requirement of the Texas Transportation code, §547.7015; and establish a justification limit to purchases of items designated as First Choice Products.

The adoption of the amendments to §113.33 and §113.137 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.)

No comments were received regarding amendments to Title 1, TAC, §113.33 and §113.137

Subchapter C. SPECIFICATION

1 TAC §113.33

The amendments to Title 1, TAC, §113.33 are adopted pursuant to the Texas Government Code, §2152.003, Texas Education Code, §34.002 and the Texas Transportation Code, §547,7015.

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 May 23, 2001.

TRD-200102905

Cynthia Hill

Acting General Counsel

General Services Commission

Effective date: June 12, 2001

Proposal publication date: April 13, 2001

For further information, please call: (512) 463-3960


Subchapter H. RECYCLING MARKET DEVELOPMENT BOARD

1 TAC §113.137

The amendments to Title 1, TAC, §113.137 are adopted pursuant to the Texas Government Code, §2155.448.

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 May 23, 2001.

TRD-200102906

Cynthia Hill

Acting General Counsel

General Services Commission

Effective date: June 12, 2001

Proposal publication date: April 13, 2001

For further information, please call: (512) 463-3960


Chapter 114. PAYMENT FOR GOODS AND SERVICES

1 TAC §114.10

The General Services Commission adopts new Title 1, TAC, Chapter 114, §114.10 concerning Collection of Debts. The new rule is adopted without changes to the proposed text that was published in the April 13, 2001, issue of the Texas Register (26 TexReg 2801). The text will not be republished.

The new §114.10 is adopted pursuant to the Texas Government Code, §2107.002 which provides that all state agencies are required to report uncollected and delinquent obligations to the Office of the Attorney General for collection efforts after a state agency has determined that normal agency collection procedures have failed. Further, each state agency that collects delinquent obligations owed to the agency must adopt rules to establish procedures for the collection of delinquent obligations, or the attorney general by rule may establish collection procedures for state agencies.

New §114.10 adopts by reference the rules and guidelines adopted by the Office of the Attorney General under Title 1, TAC, Chapter 59 - Collections.

No comments were received concerning the adoption of new rule §114.10.

The new rule is adopted under the authority of the Texas Government Code, Title 10, Subtitle D, §2152.003, and Texas Government Code 2107.002 that provides the General Services Commission with the authority to promulgate rules necessary to implement the section.

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 May 23, 2001.

TRD-200102907

Cynthia Hill

Acting General Counsel

General Services Commission

Effective date: June 12, 2001

Proposal publication date: April 13, 2001

For further information, please call: (512) 463-3960