Part 4.
OFFICE OF THE SECRETARY OF STATE
Chapter 81.
ELECTIONS
Subchapter L. ELECTRONIC STORAGE MEDIUM STANDARDS
1 TAC §81.412
The Office of the Secretary of State, Elections Division,
proposes new §81.412, concerning the standards an optical disk or other
electronic storage medium must meet to enable voter registrars to record voter
registration applications and other documentation in that storage medium.
A version of this rule with slightly different wording is currently in
effect under §81.88. The existing §81.88 has been proposed for repeal.
Proposed new §81.412 contains wording that will clarify a reference to
the rules of the Texas State Library and Archives Commission. Also, §81.412
is organized under the more appropriate Subchapter L of Chapter 81, which
relates to electronic storage medium standards. An earlier proposal of this
rule, under the section number §81.10, published in the September 21,
2001,
Texas Register
(26 TexReg 7190), was
withdrawn.
Ann McGeehan, Director of Elections, has determined that for the first
five-year period that this rule is in effect there will be no fiscal implications
for state or local governments as a result of enforcing or administering the
rule.
Ms. McGeehan has determined also that for each year of the first five years
that the rule is in effect the public benefit anticipated as a result of enforcing
the rule will be to place the rule within its correct subject-matter subchapter.
There will be no effect on small businesses. There are no anticipated economic
costs to persons who are required to comply with the rule as proposed.
Comments on the proposal may be submitted to Ann McGeehan, Director of
Elections, Office of the Secretary of State, P.O. Box 12060, Austin, Texas
78711-2060.
The new rule is proposed pursuant to the Election Code, Chapter
31, Subchapter A, §31.003, which provides the Secretary of State authority
to promulgate rules to obtain uniformity in the interpretation and application
of the Code.
The Election Code, Chapter 13, subchapter D, §13.104 is affected by
this proposed rule.
§81.412.Optional Storage Method.
A voter registrar who records voter registration data for storage purposes
on optical disk or other computer storage medium, shall follow the procedures
for such storage as set forth in the rules of the Texas State Library and
Archives Commission under Title 13 Texas Administrative Code, Chapter 7, Subchapter
C, concerning Standards and Procedures for Management of Electronic Records.
This rule is authorized and is pursuant to Chapter 205 of the Texas Local
Government Code.
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 March 4, 2002.
TRD-200201316
David Roberts
General Counsel
Office of the Secretary of State
Earliest possible date of adoption: April 14, 2002
For further information, please call: (512) 463-5569
Chapter 111.
EXECUTIVE ADMINISTRATION DIVISION
Subchapter B. HISTORICALLY UNDERUTILIZED BUSINESS PROGRAM
1 TAC §§111.14, 111.17, 111.28
The Texas Building and Procurement Commission proposes amendments
to Title 1, TAC, Chapter 111, Subchapter B, §111.14, relating to subcontracts, §111.17,
relating to the Certification Process; and §111.28, relating to the Mentor
Protege Program. The amendments are proposed due to the enactment of Senate
Bill 311, Article 13, 77th Legislative Session (2001), which amended the statutory
language of §2161.061 and §2161.253, Texas Government Code. The
amended statutory language found in §13.01, Senate Bill 311 relates to
the Commission's approval of local governments or nonprofit organizations
certification programs for businesses that substantially fall under the same
definition for a Historically Underutilized Business found in §2161.001,
Texas Government Code. Amended statutory language in §13.02, Senate Bill
311 determines that a contractor has made a good faith effort if a contractor
participates in a Mentor Protege Program and submits a protégé
as a subcontractor in the contractor's historically underutilized business
subcontracting plan.
Previously proposed rule amendments were published in the November 30,
2001, issue of the
Texas Register
(26 TexReg
9681). Based on comments received, the previously proposed amendments were
withdrawn and revised to clarify the reporting of Mentor Protege Agreements
to the Commission, a well as the determination of good faith effort with regard
to the Mentor Protege program.
Cindy Reed, Deputy Executive Director of Administration and Procurement,
determined for the first five year period the amendments are in effect, there
will be no fiscal implication for the state or local governments as a result
of enforcing or administering these amendments.
Cindy Reed further determines that for each year of the first five-year
period the amendments are in effect, the public benefit anticipated as a result
of enforcing these amendments will be compliance with law enacted in Senate
Bill 311, Article 13, 77th Legislative Session (2001) relating to the Historically
Underutilized Business Certification Program and the Mentor Protege Program.
There will be no effect on large, small, or micro-businesses. There is no
anticipated economic cost to persons who are required to comply with these
amendments and there is no impact on local employment.
Comments on the proposals may be submitted to Juliet King, Legal Counsel,
Texas Building and Procurement Commission, P.O. Box 13047, Austin, Texas 78711-3047.
Comments must be received no later than 30 days from the date of publication
of the proposal to the
Texas Register
.
The amendments are proposed under the authority of the Texas
Government Code, Title 10, Subtitle D, §§2152.003, 2161.002, 2161.061,
and 2161.253, which provide the Texas Building and Procurement Commission
with the authority to promulgate rules necessary to implement the sections.
The following code is affected by these rules: Government Code, Title 10,
Subtitle D, Chapter 2161.
§111.14.Subcontracts.
(a)
(No change.)
(b)
Development and evaluation of HUB subcontracting plans.
A state agency shall require a potential contractor vendor to state whether
it is a Texas certified HUB. Potential contractors/vendors shall follow, but
are not limited to, procedures in subsection (b)(1) of this section when developing
the HUB subcontracting plan. The HUB subcontracting plan shall include the
form provided by the agency identifying the subcontractors that will be used
during the course of the contract, the expected percentage of work to be subcontracted
and the approximate dollar value of that percentage of work. The potential
contractor/vendor shall provide all additional information required by the
agency.
(1) - (2)
(No change.)
(3)
In making a determination whether a good faith effort has
been made in the development of the required HUB subcontracting plan, a state
agency shall require the potential contractor/vendor to submit supporting
documentation explaining in what ways the potential contractor/vendor has
made a good faith effort according to each criterion listed in subsection
(b)(1) of this section. The documentation shall include at least the following:
(A) - (E)
(No change.)
(F)
whether the potential contractor/vendor assisted
noncertified
[
(4)
A potential contractor/vendor's participation
in a Mentor Protege Program under the Texas Government Code §2161.065,
and the submission of a protege as a subcontractor in the HUB subcontracting
plan constitutes a good faith effort for the particular area to be subcontracted
with the protege. When submitted, state agencies may accept a Mentor Protege
Agreement that has been entered into by the potential contractor/vendor (mentor)
and a certified HUB (protege). The agency shall consider the following in
determining the potential contractor/vendor's good faith efforts:
(A)
whether the potential contractor has entered into a fully
executed Mentor Protege Agreement that has been registered with the commission
prior to submitting the plan, and
(B)
whether the potential contractor/vendor's HUB subcontracting
plan identifies the areas of subcontracting that will be performed by the
protege.
(5)
[
(6)
[
(c) - (d)
(No change.)
§111.17.Certification Process.
(a) - (e)
(No change.)
(f)
The Commission may approve the existing
Certification Program of one or more local governments or nonprofit organizations
in this state that certify historically underutilized businesses, minority
business enterprises, women's business enterprises, disadvantaged business
enterprises that substantially fall under the same definition, to the extent
applicable for Historically Underutilized Business found in §2161.001,
Texas Government, and maintain them on the Commission's Historically Underutilized
Businesses list, if
(1)
the local government or nonprofit organization meets or
exceeds the standards established by the Commission as set out in Chapter
111, Subchapter B of this title (relating to the Historically Underutilized
Business Program); and
(2)
agrees to the terms and conditions as required by statute
relative to the agreement between the local government and/or nonprofits for
the purpose of certification of Historically Underutilized Businesses.
(g)
The agreement in subsection (f) of this
section must take effect immediately and contain conditions as follows:
(1)
allow for automatic certification of businesses certified
by the local government or nonprofit organization (Program) as prescribed
by the commission;
(2)
provide for the efficient updating of the commission database
containing information about historically underutilized businesses and potential
historically underutilized businesses as prescribed by the commission;
(3)
provide for a method by which the commission may efficiently
communicate with businesses certified by the local government or nonprofit
organization;
(4)
provide those businesses with information about the state's
Historically Underutilized Business Program; and
(5)
require that a local government or nonprofit organization
that enters into an agreement under subsection (f) of this section, complete
the certification of an applicant with written justification of its certification
denial within the period established by the commission in its rules for certification.
(h)
The commission will not accept the certification
of a local government or nonprofit organization that charges for the certification
of businesses to be listed on the Historically Underutilized Business list
maintained by the commission.
(i)
The commission may terminate an agreement
made under this section if a local government or nonprofit organization fails
to meet the standards established by the commission for certifying Historically
Underutilized Businesses. In the event of the termination of an agreement,
those HUB's that were certified as a result of the agreement will maintain
their HUB status during the fiscal year in which the agreement was in effect.
Those HUB's who are removed from the HUB list as a result of the termination
of an agreement with a local government or nonprofit organization may apply
directly to the commission for certification as a Historically Underutilized
Business.
[(f)
The commission will develop agreements
with local governments to identify historically underutilized businesses and
assist these businesses in obtaining state certification through the commission.]
(j)
[
§111.28.Mentor Protege Program.
(a) - (g)
(No change.)
(h)
The protege must maintain its HUB certification
status for the duration of the agreement. If a contractor/vendor has been
awarded a contract with a state agency and the Mentor Protege Agreement is
terminated, or the protege's HUB certification expires, the contractor/vendor
must either
(1)
enter into a new agreement with a certified HUB protege,
or
(2)
comply with the requirements of this title relating to
developing and submitting a HUB subcontracting plan.
(i)
[
(j)
[
(k)
Each state agency that sponsors a Mentor
Protege Program must report that information to the commission upon completion
of a signed agreement by both parties. Information regarding the Mentor Protege
Agreement shall be reported to the commission in a form prescribed by the
commission within 21 calendar days after the agreement has been signed. The
commission will register that agreement on the approved list of mentors and
proteges. Approved Mentor Protege Agreements are valid for all state agencies
in determining good faith effort for the particular area of subcontracting
to be performed by the Protege as identified in the HUB subcontracting plan.
(l)
The commission shall maintain and make
available to state agencies all registered Mentor Protege Agreements. The
sponsoring agency shall monitor and report the termination of an existing
Mentor Protege Agreement that has been registered with the commission within
21 calendar days.
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 March 1, 2002.
TRD-200201289
Juliet King
Legal Counsel
Texas Building and Procurement Commission
Earliest possible date of adoption: April 14, 2002
For further information, please call: (512) 463-3960
Subchapter A. PURCHASING
1 TAC §113.21
The Texas Building and Procurement Commission proposes new
Title 1, TAC, §113.21, concerning the reverse auction purchasing procedure.
The new rule authorizes the use of the reverse auction procedure in accordance
with Texas Government Code, §2155.062 (amended by Senate Bill 221 and §7.01,
Senate Bill 311, (77th Legislature (2001)) which added the procedure to the
Commission's purchasing methods.
Cindy Reed, Deputy Executive Director of Administration and Procurement,
has determined that for the first five-year period the rule is in effect,
there will be positive fiscal implications for the state as a result of enforcing
or administering this new rule. The Texas State Comptroller's office, in its
study of the reverse auction procedure, estimated that potential savings generated
by using the reverse auction procedure range from 2% to 10%.
Cindy Reed, Deputy Executive Director of Administration and Procurement,
further determines that for each year of the first five-year period the new
rule is in effect, the public benefit anticipated as a result of enforcing
this rule will be reduced costs in purchasing. Internet real time reverse
auction allows for continuous bids in a specified period of time until the
lowest bid is reached. There will be no effect on large, small or micro-businesses.
There is no anticipated economic costs to persons who are required to comply
with the rule and there is no impact on local employment.
Comments on the proposals may be submitted to Juliet King, Legal Counsel,
Texas Building and Procurement Commission, P.O. Box 13047, Austin, Texas 78711-3047.
Comments must be received no later than 30 days from the date of publication
of the proposal to the
Texas Register
.
The new rule is proposed under the authority of the Texas Government
Code, Title 10, Subtitle D, §2152.003 and §2155.062 which provides
the Texas Building and Procurement Commission with the authority to promulgate
rules necessary to implement the sections.
The following codes are affected by these rules: Government Code, Title
10, Subtitle D, Chapter 2155 and; Local Government Code, §§252.021,
262.023, 271.083, 271.906; and the Education Code, §44.931.
§113.21.Reverse Auction.
Pursuant to Government Code, §2155.062(a)(4) and (d), the commission
may use the reverse auction procedure as a method of purchasing goods and
services. In this competitive method of purchasing, bidding is a real time
process lasting for a specified period of time, which multiple suppliers anonymous
to each other submit bids to provide the designated goods or services to an
internet location.
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 March 1, 2002.
TRD-200201286
Juliet King
Legal Counsel
Texas Building and Procurement Commission
Earliest possible date of adoption: April 14, 2002
For further information, please call: (512) 463-3960
Subchapter A. STATE SURPLUS AND SALVAGE PROPERTY
1 TAC §§126.1 - 126.5
(Editor's note: The text of the following sections proposed for
repeal will not be published. The sections may be examined in the offices
of the Texas Building and Procurement Commission or in the Texas Register
office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
The Texas Building and Procurement Commission proposes
the repeal of Title 1, TAC, Chapter 126, Subchapter A--State Surplus and Salvage
Property, §§126.1 - 126.5. The repeal of these rules is being proposed
in order to delete obsolete language as a result of new requirements under
Texas Government Code, Chapter 2175, Subchapters A, B, C, and D (amended by
Article 11, Senate Bill 311, and House Bill 834, House Bill 936 and Senate
Bill 1438, 77th Legislature). The repeal of Subchapter A, Chapter 126, allows
for new rules to be proposed and published simultaneously in this publication
of the
Texas Register
.
Mr. Bill Sullivan, Deputy Executive Director of Programs, has determined
for the first five year period the repeal is effect there will be no fiscal
implications to the state or local governments as a result of enforcing this
repeal.
Mr. Bill Sullivan, Deputy Executive Director of Programs, has determined
that for each year of the first five-year period the proposed repeal is in
effect, the public benefit will be the deletion of obsolete language that
will allow for the creation of more efficient new rules under Title 1, TAC,
Chapter 126, Subchapter A--State Surplus and Salvage Property. There will
be no anticipated cost to large, small or micro-businesses and/or persons
as a result of repealing these rules.
Comments on the proposed repeal may be submitted to Ms. Juliet King, Legal
Counsel, Texas Building and Procurement Commission, P.O. Box 13047, Austin,
Texas 78711-3047. Comments must be received no later than 30 days from the
date of publication of the proposal in the
Texas
Register
The repeal is being proposed under the authority of the Texas
Government Code, §2152.003 and §2175.001 which provides the Texas
Building and Procurement Commission with the authority to promulgate rules
necessary to implement the sections.
The following codes are affected by these rules: Government Code, Title
10, Subtitle D, Chapter 2175, Subchapters A, B, C, and D; Agriculture Code, §74.1011;
Government Code, §2308.253; and the Education Code, Chapter 32, Subchapter
C.
§126.1.Definitions.
§126.2.Disposition of Surplus and Salvage Property to State Agencies, Political Subdivisions and Assistance Organizations.
§126.3.Disposition of Surplus and Salvage Property to the Public.
§126.4.Proceeds.
§126.5.Purchase of Chairs.
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 March 1, 2002.
TRD-200201288
Juliet King
Legal Counsel
Texas Building and Procurement Commission
Earliest possible date of adoption: April 14, 2002
For further information, please call: (512) 463-3960
1 TAC §§126.1 - 126.6
The Texas Building and Procurement Commission proposes new
Title 1, TAC Chapter 126, Subchapter A, §§126.1 - 126.6, concerning
the State Surplus and Salvage Property. The new rules are proposed in accordance
with new requirements under Texas Government Code, Chapter 2175, Subchapters
A, B, C, and D (amended by Article 11, Senate Bill 311, House Bill 834, House
Bill 936 and Senate Bill 1438, 77th Legislature). Government Code, §2175.065
directs the commission to establish by rule the criteria for determining that
a delegation of authority to a state agency results in cost savings to the
state; §2175.001 amends the definition for "assistance organization"
to include nonprofit organizations; §2175.129 requires the commission
to establish guidelines for determining the method of sale (competitive bid,
auction or direct sale) most advantageous to the state; §2175.130 allows
for direct sale to the public in order to maximize the resale value of surplus
or salvage property to the state, and §2175.193 which requires that the
commission contract for the disposal of property that has no resale value
and is considered worthless salvage. The proposed new rules will also replace
obsolete language found in the current rules proposed for repeal as Title
1, TAC, Chapter 126, §§126.1 - 126.5, and are published simultaneously
in this publication of the
Texas Register
for repeal.
Mr. Bill Sullivan, Deputy Executive Director of Programs, has determined
for the first five year period the rules are in effect, there will be positive
fiscal implications which will result in cost savings to the state or local
governments as a result of enforcing or administering these new rules.
Mr. Bill Sullivan, Deputy Executive Director of Programs, further determines
that for each year of the first five-year period the new rules are in effect,
the public benefit anticipated as a result of enforcing these rules will be
an increase of cost savings to the state and the development of guidelines
for the more efficient disposal of surplus and salvage property. There will
be no effect on large, small or micro-businesses. There is no anticipated
economic costs to persons who are required to comply with these rules and
there is no impact on local employment.
Comments on the proposals may be submitted to Juliet King, Legal Counsel,
Texas Building and Procurement Commission, P.O. Box 13047, Austin, Texas 78711-3047.
Comments must be received no later than 30 days from the date of publication
of the proposal to the
Texas Register
.
The new rules are proposed under the authority of the Texas Government
Code, §§2152.003, 2175.001, 2175.061, 2175.065, 2175.129, and 2175.130
which provides the Texas Building and Procurement Commission with the authority
to promulgate rules necessary to implement the sections.
The following codes are affected by these rules: Government Code, Title
10, Subtitle D, Chapter 2175, Subchapters A, B, C, and D; Agriculture Code, §74.1011;
Government Code, §2308.253; and the Education Code, Chapter 32, Subchapter
C.
§126.1.Definitions.
The following words and terms, when used in this chapter, shall have
the following meaning, unless the context clearly indicates otherwise.
(1)
Assistance organization--
(A)
a nonprofit organization that provides educational, health,
or human services or assistance to homeless individuals; or
(B)
a nonprofit food bank that solicits, warehouses, and distributes
edible but unmarketable food to agencies that feed needy families and individuals;
or
(C)
Texas Partners of the Americas, a registered agency with
the Advisory Committee on Voluntary Foreign Aid, with the approval of the
Partners of the Alliance office of the Agency for International Development;
or
(D)
a group, including a faith-based group, that enters into
a financial or non-financial agreement with a health or human services agency
to provide services to that agency's clients; or
(E)
a non profit organization approved by the Supreme Court
of Texas that provides free legal services for low-income households in civil
matters; or
(F)
The Texas Boll Weevil Eradication Foundation Inc., or an
entity designated by the commissioner of agriculture as the foundation's successor
entity under §74.1011, Agriculture Code; or
(G)
a local workforce development board created under §2308.253
of the Texas Government Code.
(2)
Certificate of Acquisition--A form prescribed by the commission
that verifies the qualifications of a qualified assistance organization or
political subdivision as an entity entitled to receive state surplus or salvage
property.
(3)
Data processing equipment--Equipment as defined by Texas
Government Code, §2054.003 to be information technology equipment and
related services designed for the automated storage, manipulation, and retrieval
of data by electronic or mechanical means to include:
(A)
central processing units, front-end processing units, miniprocessors,
microprocessors, and related peripheral equipment such as data storage devices,
document scanners, data entry equipment, terminal controllers, data terminal
equipment, computer-based word processing systems other than memory typewriters,
and equipment and systems for computer networks;
(B)
all related services, including feasibility studies, systems
design, software development, and time-sharing services, provided by state
employees or others; and
(C)
the programs and routines used to employ and control the
capabilities of data processing hardware, including operating systems, compilers,
assemblers, utilities, library routines, maintenance routines, applications,
and computer networking programs.
(4)
Personal property--property that is lawfully confiscated
and subject to disposal by a state agency. Personal property affixed to real
property may be sold as surplus or salvage property if its removal and disposition
is for a lawful purpose under Texas Government Code, Chapter 2175, Subchapter
C or another law.
(5)
Method of payment--A cashier's check, certified check,
a money order, or any other approved method of purchase at the time of sale
is acceptable payment under this section.
(6)
Political subdivision--Each political subdivision of the
state and volunteer fire departments.
(7)
Salvage property--Any personal property which through use,
time, or accident is so depleted, worn out, damaged, used, or consumed that
it has no value for the purpose for which it was originally intended.
(8)
State agency--
(A)
a department, commission, board, office, or other agency
in the executive branch of state government created by the state constitution
or a state statute;
(B)
the supreme court, the court of criminal appeals, a court
of appeals, or the Texas Judicial Council;
(C)
the Texas Civil Air Patrol; and
(D)
excluding those entities in Texas Government Code, §§2175.301,
2175.302, 2175.304.
(9)
Surplus property--Personal property that exceeds a state
agency's needs and is not required for the agency's foreseeable needs; including
used or new property that retains some usefulness for the purpose for which
it was intended or for another purpose.
§126.2.General Terms and Conditions.
General terms and conditions of this subchapter are as follows:
(1)
Method of disposal. A state agency that determines that
it has surplus property or salvage property shall inform the commission and
the comptroller of the property's kind, number, location, condition, original
cost or value, and date of acquisition. Additionally, based on the condition
of the property, a state agency shall determine whether the property is:
(A)
surplus property that should be offered for transfer under §2175.125
of the Texas Government Code and §126.3 of this title (relating to Direct
Transfer, Priority, Reporting, and other Disposition); or
(B)
should be disposed of by competitive bidding, auction or
direct sale under §126.4 of this title (relating to Disposition of Surplus
and Salvage Property to the Public by Competitive Bidding, Auction, or Direct
Sale); or is
(C)
salvage property.
(D)
A state agency making this determination shall inform the
commission and the comptroller of its determination.
(2)
Notice of availability. The commission shall maintain a
list of current surplus or salvage property and inform other state agencies,
political subdivisions, and assistance organizations of the comptroller's
website that lists such property that is available for sale.
(3)
Priority for transfer to state agency. During the ten (10)
business days after property is posted on the comptroller's website, a transfer
to another state agency has priority over any other type of transfer under
this subchapter.
(4)
Disposition of surplus or salvage data processing equipment.
Data processing equipment from state agencies, institutions of higher education,
or eleemosynary institutions if not disposed of under in accordance with the
Texas Government Code, §2175.125 or other law, shall be transferred by
the state agency or institution to a school district or open-enrollment charter
school in this state under Subchapter C, Chapter 32, of the Education Code,
or to the Texas Department of Criminal Justice. The state agency or institution
may not collect a fee or other reimbursement from the district, the school,
or the Texas Department of Criminal Justice for the surplus or salvage data
processing equipment. Pursuant to Texas Government Code, §2175.305, the
Secretary of State shall give preference to transferring surplus computer
equipment to counties for the purpose of improving voter registration technology
in compliance with the Election Code, §18.063.
(5)
Purchaser's fee. The commission or agency disposing of
surplus or salvage property under this subchapter shall assess and collect
from the purchaser a fee over and above the proceeds from the sale of property,
to recover the costs associated with the sale of property. The fee shall be
set and reviewed annually by the commission and shall be at least two percent
(2%) but not more than twelve percent (12%) of the sale proceeds. Property
disposed of by direct transfer under §126.3 of this title (relating to
Direct Transfer, Priority, Reporting, and other Disposition) is not subject
to the purchaser's fee.
(6)
Delegation of authority to state agency. If a state agency
demonstrates to the commission its ability to dispose of its own surplus or
salvage property to the public in a manner that results in cost savings to
the state, the commission may authorize the agency to do so. The agency shall
follow procedures provided by the commission at the time the delegation is
granted and shall provide a report of the proceeds by assigned sale number
no later than September 10th of each year for the prior fiscal year.
(A)
Delegation of authority will be based on receipt of and
concurrence by the commission of the agency's projection of cost savings to
the state.
(B)
Criteria used to delegate authority to a state agency demonstrating
cost savings to the state may include information about the property such
as age, condition, limited use, size, volume, expected return and/or location;
information about the agency such as its ability to account for and report
staffing, disposals, location, and/or specific knowledge about the property.
(7)
Delegation of deletion authority to state agencies. The
commission hereby delegates to state agencies the authority to delete surplus
or salvage property from the State Property Accounting System after any method
of disposition listed under this subchapter.
(8)
Firearms. The purchaser of a surplus firearm must be a
licensed firearm dealer.
(9)
Rejection of bids. The state reserves the right to reject
any bid or part of a bid, and or waive minor technicalities.
(10)
List of buyers. The commission shall maintain an annually
updated list of qualified buyers of surplus and salvage property. The commission
shall renew annually a list it maintains of
(A)
assistance organizations and individuals responsible for
purchasing for political subdivisions who have requested information regarding
available state surplus or salvage property; and
(B)
other prospective buyers of surplus and salvage property.
(C)
Names may be deleted from lists maintained by the commission
for failure to bid, failure to make a payment or failure to remove awarded
items.
(D)
A buyer who has been removed from the buyers list for failure
to make a payment or to remove surplus or salvage property may not reinstated
to the list until a written request has been presented to and approved by
the commission.
§126.3.Direct Transfer, Priority, Reporting, and other Disposition.
(a)
Disposition of state surplus and salvage property by direct
transfer. During the ten (10) business days after surplus or salvage property
is posted on the Comptroller's website, a state agency, political subdivision,
or assistance organization may coordinate directly with the reporting state
agency for a transfer of property at a price established by the reporting
agency.
(b)
Priority of claim.
(1)
The first state agency, political subdivision or assistance
organization that agrees to the established price before the expiration of
ten (10) business days shall be entitled to the property provided, however,
a state agency shall have first priority over all other entities.
(2)
In the event two competing and equivalent requests are
received from parties of equal standing the commission in coordination with
the reporting agency shall award the property in the best interests of the
state and the reporting agency. Two or more requests shall be considered "competing
and equivalent" for purposes of this rule if each meets the price established
by the reporting state agency on the same business day, and within the ten
(10) business day period following posting on the comptroller's website.
(c)
Reporting requirements.
(1)
Reporting by state agencies. If a transfer is made to a
state agency, the participating agencies shall report the transaction to the
comptroller as provided by law. The comptroller shall then debit and credit
the proper appropriations within the systems maintained by the comptroller.
(2)
Reporting by other entities. A political subdivision or
assistance organization acquiring surplus or salvage property from a state
agency must in conjunction with the state agency complete a "Certificate of
Acquisition". A political subdivision or assistance organization must certify
its qualification and an assistance organization must additionally provide
documentation as required. "Certificate of Acquisition" is to be retained
by the state agency and documentation of the transaction is to be entered
into the Comptroller's State Property Accounting System.
(d)
Other disposition. If a direct transfer of the property
is not arranged within ten (10) business days after the posting of the property
on the comptroller's website in subsection (a)(1) of this section, the commission
shall, with the exception of data processing equipment, dispose of the surplus
or salvage property to the public in accordance with §126.4 of this title
(relating to Disposition of Surplus and Salvage Property to the Public by
Competitive Bidding, Auction, or Direct Sale).
§126.4.Disposition of Surplus and Salvage Property to the Public by Competitive Bidding, Auction, or Direct Sale.
(a)
Generally. If no state agency, political subdivision, or
assistance organization desires to receive any property reported as surplus
or salvage, the commission may dispose of the property, with the exception
of data processing equipment, in a method that is most advantageous to the
state and the reporting agency under the circumstances. Commission procedures
shall establish guidelines for making this determination.
(1)
Disposal. Property not disposed of under §126.3 of
this title (relating to Direct Transfer, Priority, Reporting, and other Disposition)
may be disposed of by sealed bids, auction, or direct sale to the public,
including a sale using an internet auction site.
(2)
Delegation of disposal authority. The commission may delegate
its authority to dispose of property not disposed of under §126.3 of
this title to a state agency having possession of the property by any method
listed in paragraph (1) of this subsection, so long as the method of sale
chosen is most advantageous to the state under the circumstances. Commission
procedures shall establish guidelines for making this determination. Any delegation
under this section shall be subject to the procedures and reporting requirements
in §126.2(6) of this title (relating to General Terms and Conditions).
(3)
Requirement to advertise. If the value of any property
to be disposed of under this section is estimated to be worth more than $5,000,
the sale shall be advertised at least one time in at least one newspaper of
general circulation in the vicinity in which the property is located.
(b)
Disposition by competitive sealed bids. Sealed bids will
be handled in accordance with §113.5 of this title (relating to Bid Submission,
Bid Opening, and Tabulation).
(1)
Bid deposits. When a bid deposit is required, the deposit
must be in the amount specified in the bid invitation. Only the following
will be considered as meeting the bid deposit requirements: a cashier's check,
a certified check, a money order, or cash in the amount specified in the bid
invitation. Failure to include a bid deposit in the proper amount will automatically
disqualify a bid.
(2)
Notice of award. The commission will notify the successful
bidder or bidders, on a sealed bid sale of surplus or salvage property, that
an award has been made to them and specify a period of time for payment. In
the event that a successful bidder fails to make payment within the specified
time, the commission may retain the bid deposit and consider it forfeited.
Furthermore, the bidder forfeits his rights to the property and ownership
of the property remains with the state.
(3)
Transfer of property and forfeiture. When a successful
bidder has paid the full amount due for the purchase of surplus or salvage
property obtained through a sealed bid sale, the commission shall notify both
the successful bidder and the agency holding the title of the surplus or salvage
and authorize the transfer of possession. In the case of vehicles or other
items which require title transfer, it shall be the responsibility of the
agency holding title to complete the transfer of title to the successful bidder.
In the event a bidder pays for the property but fails to remove the property
within the time specified, the bidder forfeits his rights to the property
and ownership of the property reverts to the state.
(c)
Disposition by live auctions. Surplus or salvage sold through
the live auction method shall be accompanied by an auctioneer's paid receipt.
The auctioneer's paid receipt will serve as the authorization of the commission
that the purchaser has in good faith complied with the conditions of the sale.
In the case of vehicles or other items carrying titles, the agency holding
the original title shall be responsible for the transfer to the successful
bidder. In the event that a successful bidder fails to make payment or remove
the property within the specified time, the bidder forfeits his rights to
the property and ownership of the property remains with the state.
(d)
Disposition by direct sale to the public.
(1)
Generally. If the commission or a state agency which has
been delegated authority under subsection (a)(2) of this section or under §126.2(6),
determines that selling the property by competitive sealed bid or auction,
would not maximize the resale value of property to the state, the commission
or state agency may sell surplus or salvage property directly to the public.
(2)
Fixed price. The commission, in cooperation with the state
agency that declared the property as salvage or surplus, or a state agency
which has delegated authority under subsection (a)(2) of this section or under §126.2(6)
of this title shall set a fixed price for the property.
(3)
Location and method of direct sales. Direct sales operations
may be conducted at designated state facilities or warehouses approved by
the Commission, or by Internet auction.
(A)
Access. The general public and assistance organizations
will have equal access.
(B)
Payment. A purchaser under this section must pay for the
property by an approved method at the time sale and prior to obtaining possession
or actual title to the property.
(C)
Forfeiture. In the event a purchaser pays for property
but fails to remove it with the time specified at sale, the purchaser forfeits
any ownership rights and subsequently, ownership reverts to the state without
recourse.
(D)
Internet auction. The commission may contract with one
or more commercial Internet auction sites for sale of state surplus or salvage
property. Property on the Internet auction site shall be posted for at least
ten (10) calendar days.
(e)
Disposition of property with no resale value (salvage).
If the commission or a state agency with delegated authority under subsection
(a)(2) of this section or under §126.2(6) of this title does not dispose
of property under another method in this subchapter, and has advertised the
property for sale and received no bids, or has determined that the property
has no resale value, the agency may delete the property on the State Property
Accounting System and dispose of the property in a manner that best serves
the interests of the state in accordance with Government Code, §2175.193.
(f)
Purchaser's title. A purchaser of surplus or salvage property
at a sale conducted under this section obtains good title to the property
if the purchaser in good faith has complied with all the terms and conditions
of the sale.
(g)
Reporting of sale.
(1)
On a sale by the commission of any property under this
section, the commission shall report the property sold and the sales price
to the agency that declared the property surplus or salvage.
(2)
The commission or a state agency with delegated authority
under this subchapter shall report the sale and the amount of the sale proceeds
to the comptroller. The comptroller by law shall remove the property from
the State Property Accounting System.
§126.5.Proceeds.
The proceeds from the sale of any surplus or salvage property, less
the costs of advertising, selling, auctioneer services, if any, and any fee
collected under §126.2(5) of this title (relating to General Terms and
Conditions), shall be deposited to the credit of the item of appropriation
to the agency for which the sale was made. The portion of the proceeds from
the sale of any surplus or salvage property equal to the costs of advertising,
the sale and the costs of auctioneer services, if any, shall be deposited
with the Comptroller of Public Accounts to the credit of the item of appropriation
to the commission from which such costs were expended. The fee collected under §126.2(5)
of this title shall be deposited with the Comptroller of Public Accounts to
the credit of the general revenue fund.
§126.6.Purchase of Chairs.
(a)
The commission shall determine the fair market value of
the chair which an appointed or elected official or executive head of an executive
or legislative agency other than the legislature used during his or her tenure
of service and which the official desires to purchase upon vacation of office
or termination of service.
(b)
The property manager of the state agency shall submit the
following information about the chair to the commission:
(1)
acquisition date;
(2)
original cost;
(3)
inventory number;
(4)
description of chair including brand and model number;
(5)
current condition;
(6)
current estimated value; and
(7)
name of the appointed or elected official or executive
head of the state agency and the date of vacation of office or termination
of service.
(c)
The commission will determine the fair market value of
the chair an notify in writing the property manager of the state agency requesting
the determination. Upon payment of the determined fair market value of the
chair, the property manager may transfer the chair to the state official and
remove the chair from any inventory of personal property.
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 March 1, 2002.
TRD-200201287
Juliet King
Legal Counsel
Texas Building and Procurement Commission
Earliest possible date of adoption: April 14, 2002
For further information, please call: (512) 463-3960
Chapter 201.
PLANNING AND MANAGEMENT OF INFORMATION RESOURCES TECHNOLOGIES
1 TAC §201.12
(Editor's note: The text of the following section proposed for
repeal will not be published. The section may be examined in the offices of
the Department of Information Resources or in the Texas Register office, Room
245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
The Department of Information Resources (department)
proposes to repeal §201.12, concerning state web sites. Simultaneous
with the publication of the proposed repeal, the department is proposing new §206.1,
concerning definitions applicable to state web sites; new §206.2, concerning
accessibility and usability of state web sites; new §206.3, concerning
privacy and security of state web sites; new §206.4, concerning state
web site link and privacy policy; and new §206.5, linking and indexing
of state web sites.
Mr. Mel Mireles, director of the Enterprise Operations Division, has determined
that for each year of the first five years after repeal of the rule, there
will be no cost for state government as a result of such repeal. Mr. Mireles
does not anticipate either a loss of, or increase in, revenues to state or
local government as a result of the proposed repeal. There will be no fiscal
implications for local government as a result of repealing §201.12.
There will be no effect on small businesses. There will be no additional
anticipated economic cost to persons as a result of adoption of the repeal.
The public benefit of repeal of the rule is to clarify the department's rules
by having the state web site rules located in only one chapter, rather than
in two chapters. It is necessary to repeal §201.12 to relocate the state
web site rules to new chapter 206.
Comments on the proposed repeal 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. CST within 30 days after publication.
Repeal of §201.12 is proposed under Texas Government Code §2054.052(a),
which provides the department may adopt rules as necessary to implement its
responsibilities.
Texas Government Code §2054.051 is affected by the proposed repeal.
§201.12. State Web Sites.
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 26, 2002.
TRD-200201181
Renee Mauzy
General Counsel
Department of Information Resources
Earliest possible date of adoption: April 14, 2002
For further information, please call: (512) 475-4750
1 TAC §§206.1 - 206.5
The Department of Information Resources (department) proposes
new §206.1, web site definitions; §206.2, accessibility and usability
of state web sites; §206.3, privacy and security of state web sites; §206.4,
state web site link and privacy policy; and §206.5, linking and indexing
of state web sites. Simultaneous with publication of these proposed rules,
the department is proposing the repeal of §201.12, state web sites so
that all state web site rules are transferred from chapter 201 to chapter
206 of Title 1.
Proposed §206.1 contains the definitions applicable within chapter
206. The section contains many of the definitions from the department's state
web site rule located in §201.12. It also contains new definitions of
"accessible," "accessibility policy," "Compact with Texans," "link policy,"
"open records/Public Information Act notice," "usability," "web bug," and
"web page." Proposed §206.1 also amends the definitions in existing §201.12
of "generally accessible Internet site," "privacy and security policy," "Texas
home page" and "transaction payment information." Proposed §206.1 deletes
the definitions found in existing §201.12 of "alt tags," "historical
document," and "IETF." The purpose of the changes is to clarify the terms
used in the state web site rules.
Proposed §206.2 requires state agencies to develop and publish an
accessibility policy for their web sites or pages that complies with certain
standards. It also requires that the agency's home page and key public entry
points include an accessibility link to a web page containing the agency's
accessibility, policy, site validation, contact information for the agency's
accessibility coordinator and a link to the Governor's Committee on People
with Disabilities web site. The purpose of this section is provide accessibility
of state agency web sites to users.
Proposed §206.3 requires each state agency to publish a privacy and
security policy applicable to its web site. Existing §201.12(b)(1)(D)
required publication of only a privacy policy. In addition to the requirements
carried over from existing §201.12, proposed §206.3(a) requires
the privacy and security policy to address options concerning whether personal
information collected from individuals may be used for purposes beyond the
purposes for which the information was provided, whether the individual wishes
to have that information shared, how the individual may obtain, or have corrected,
the information about him or her held by the state agency and the procedures
that ensure the information collected from individuals is accurate and secure
from unauthorized use. Proposed §206.3(b) requires that web pages designed
for children comply with federal and state laws intended to protect minors.
Proposed §206.3(c) requires state agencies to conduct transaction risk
assessments and implement appropriate privacy and security safeguards before
providing access to information or services on a state web site that require
user identification. Certain information must be protected by a secure socket
layer session or equivalent technology to encrypt the data. Proposed §206.3(d)
provides that any web-based forms that request information from the public
must link to the associated privacy and security policy. Certain of the changes
proposed in this section result from enactment of HB 2589 and HB 1922, 77th
legislature.
As required by HB 2589 and HB 1922, 77th legislature, proposed §206.4
establishes a state web site link and privacy policy that contains the requirements
for linking to state agency web sites, provides for protection of the privacy
rights of individuals by non-judiciary state governmental bodies, and specifies
certain web site requirements applicable to all state agencies.
Proposed §206.5 sets forth descriptive page title and meta tag requirements
applicable to state publications as well as certain link requirements.
Mr. Mel Mireles, director of the Enterprise Operations Division, has determined
that for each year of the first five years after adoption of the proposed
rules, there will be no fiscal implications for state or local government
as a result of adoption of the rules. He does not anticipate either a loss
of, or increase in, revenues to state or local government as a result of the
propose rules.
There will be no effect on small businesses and no additional anticipated
economic cost to persons as a result of adoption of the proposed rules. The
public benefit of adoption of the rules is greater protection of individuals'
privacy, increased state agency web site accessibility by individuals and
a reduced chance of public confusion associated with linking of site owners
to state agency web sites.
Comments on the proposed new §§206.1-206.5 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. CST within 30 days after publication.
The new rules are proposed pursuant to Texas Government Code §2054.052(a)
which provides the department may adopt rules as necessary to implement its
responsibilities under the Information Resources Management Act, Texas Government
Code §559.002 and §559.003, enacted in HB 1922, 77th legislature,
which provide for a right to notice about certain information laws and practices
and the right to correct incorrect information held by state agencies and
Texas Government Code §2054.121, enacted HB 2589, 77th legislature, which
requires the department to adopt a state web site linking policy.
Texas Government Code §§559.002, 559.003 and 2054.121 are affected
by the proposed rules.
§206.1.Definitions.
The following words and terms, when used with this chapter, shall have
the following meanings, unless the context clearly indicates otherwise.
(1)
Accessible -- A Web page that can be used in a variety
of ways and that does not depend on a single sense or ability.
(2)
Accessibility Policy -- An agency's policies to ensure
that access to its information, services, and programs are accessible, usable,
understandable and navigable.
(3)
Agency contact information -- a list of key personnel and/or
position or program contacts, including public contact telephone numbers,
general e-mail address, and other information deemed necessary by the agency
for facilitating public access.
(4)
Compact With Texans -- Agency customer service standards
and performance measures as required by Section 2113.006 Government Code.
(5)
Generally accessible Internet site -- A state Web site
that provides for graceful transformation, and making content understandable
and navigable. Additional information and resources are included in the accessibility-usability
guidelines available at http://www.dir.state.tx.us/standards/srrpub11-accessibility.htm
(6)
Home page -- The initial page or entry point to a state
Web site.
(7)
HTML -- HyperText Markup Language.
(8)
Internet -- the network of interconnected networks employing
standards published by the Internet Engineering Task Force (IETF).
(9)
Key public entry point -- A Web page that a state agency
has specifically designed for members of the general public to access official
information (e.g., the governing or authoritative documents) from the agency.
(10)
Link Policy -- State Web Site Link and Privacy Policy
that identifies the terms under which a person may use, copy information from,
or link to a generally accessible Internet site for a state agency. The state
policy is in §206.4 and will be available at http://www.dir.state.tx.us/standards/link_policy.htm
for state agencies to links.
(11)
Logging software and cookies -- Particular methods employed
for the purpose of tracking visitors to Web sites. The information collected
for analysis can include where the request came from, time, pages visited,
and identifiable information about the visitor.
(12)
Open Records/Public Information Act notice -- An agency's
policies and practices for providing public access to governmental information
and decisions.
(13)
Privacy and Security Policy -- a statement about what
information is collected by an agency Web site, how the information will be
used and protected, under what conditions the information may be shared or
released to another party, and the procedure under which an individual is
entitled to receive and/or correct information that an agency maintains about
the individual.
(14)
State Web site -- a state agency-owned, -operated by/or
for, or -funded Web site connected to the Internet, including a state agency's
home page and any key public entry points.
(15)
SSN -- Social Security Number.
(16)
SSL -- Secure Sockets Layer; The Internet security standard
for point-to-point, encrypted connections between Web servers and client browsers.
(17)
Statewide Search -- a link to the TRAIL Web site.
(18)
TCP/IP -- Transmission Control Protocol/Internet Protocol;
a suite of protocols developed by the IETF and published as Request for Comments
(RFCs).
(19)
Texas home page -- http://www.state.tx.us or its successor
as identified in the guidelines available at http://www.dir.state.tx.us/standards/srrpub11.htm.
(20)
TRAIL -- Texas Records and Information Locator or its
successor. Additional information is available at http://www.tsl.state.tx.us.
(21)
Transaction payment information -- bank account and routing
number, credit, debit, charge, or other forms of card-based, access device
number, and/or Internet based, payment systems. Access device means a card,
plate, code, account number, personal identification number, electronic serial
number, mobile identification number, or other telecommunications service,
equipment, or instrument identifier or means of account access that alone
or in conjunction with another access device may be used to:
(A)
obtain money, goods, services, or another thing of value;
or
(B)
initiate a transfer of funds other than a transfer originated
solely by paper instrument.
(22)
Transaction Risk Assessment -- An evaluation of the security
and privacy required for an interactive Web session providing public access
to government information and services. Additional information and guidelines
are available at http://www.dir.state.tx.us/standards/srrpub11.htm
(23)
Usability -- Web design criteria that focuses on user
performance, ease of navigation, is understandable and is visually appealing.
(24)
W3C -- World Wide Web Consortium. Additional information
and copies of the current standards and recommendations are available at http://www.w3.org.
(25)
Web bug -- code used to track and/or report information
about a visitor to a Web page, or used in an e-mail message. Also known as
a Web Beacon or Clear GIF.
(26)
Web page -- A document that a state agency has specifically
designed for people to access the official information (e.g., the governing
or authoritative documents) from the agency via the Internet.
§206.2.Accessibility and Usability of State Web Sites.
(a)
All state agencies shall develop and publish an accessibility
policy for their Web site and/or Web pages that addresses the following:
(1)
At least one copy of an agency Web page, whether static
or dynamic, must be in an accessible format.
(2)
State Web sites shall meet the definition of a generally
accessible Internet site, and ensure that Web pages transform gracefully and
remain accessible despite any physical, sensory, or environmental constraints
or technological barriers.
(3)
State Web sites shall avoid vendor specific "non-standard"
extensions and comply with Internet and W3C standards. The policy should cover
testing and validation of Web pages.
(4)
State Web sites are designed with consideration for the
types of Internet connections available to the citizens of Texas, and undergo
accessibility and usability testing.
(b)
The home page of a state Web site, and key public entry
points, shall include an "Accessibility" link to a Web page that contains
the agency's accessibility policy, site validation (e.g., W3C), contact information
for the agency's accessibility coordinator, and a link to the Governor's Committee
on People with Disabilities Web site.
§206.3.Privacy and Security of State Web Sites.
(a)
A state agency shall publish a privacy and security policy
for its Web site, and post a link to the policy from its home page. The privacy
and security policy shall address the following:
(1)
Notice: Disclose the agency's information practices before
collecting personal information from the public. The use of logging software,
cookies, and/or Web bugs. Information collected by other technologies and
processes. Information collected via e-mail and Web-based forms.
(2)
Choice: Options with respect to how personal information
collected from them may be used for purposes beyond those for which the information
was provided and whether they wish to have that information shared.
(3)
Access: The procedure under which an individual may obtain
and/or have the agency correct information about the individual.
(4)
Security: The procedures to ensure that information collected
from individuals is accurate and secure from unauthorized use.
(b)
Web pages designed for children must comply with all applicable
federal and state laws intended to protect minors.
(c)
Prior to providing access to information or services on
a state Web site that require user identification, each state agency shall
conduct a transaction risk assessment, and implement appropriate privacy and
security safeguards. At a minimum, state Web sites that require an individual
to enter the following information shall use an SSL session or equivalent
technology to encrypt the data:
(1)
Both the individual's name and other personal information,
such as an SSN;
(2)
Transaction payment information;
(3)
An individual's access identification code and password.
(4)
An individual's e-mail address.
(d)
Any Web based form that requests information from the public
shall have a link to the associated privacy and security policy.
§206.4.State Web Site Link and Privacy Policy.
The following outlines the policies for linking to, the use of, or
copying information from State of Texas agency Web sites and protecting the
personal information of members of the public who access state agency information
through a state agency Web site. It also requires that state agencies link
to the policy.
(1)
Requirements Applicable to Those Linking to State Agency
Web Sites
(A)
Linking to State Agency Web Sites Organizations and individuals
(the site owner) are encouraged to link to state agency information. Advance
permission is not required before linking. Links should be made using the
appropriate base URL of www.agency-identifier.state.tx.us or such other URL
as the agency may use. Because state agencies may change subpages at any time
without notice, the site owner should routinely verify links to state agency
subpages.
(B)
What Site Owners May Not Do in Linking to State Agency
Web Sites Site owners may not capture state agency pages within the site owner's
frames, present state agency Web site content as that of the site owner, otherwise
misrepresent the content of the state agency pages or misinform users about
the origin or ownership of the content of the state agency Web site. Any link
to a state agency site should be a full forward link that passes the client
browser to the state agency site unencumbered. The BACK button should return
the visitor to the site owner's site if the visitor wishes to back out. Although
the content of state agency Web sites is available to the public, certain
information on some state agency Web sites may be trademarked, service marked,
or otherwise protected as the state agency's intellectual property, and all
agency content is protected by federal copyright laws. Use of protected intellectual
property must be in accordance with federal and state law and must reflect
the copyright, trademark, service mark or other intellectual property ownership
of the state agency. Site owners should not link to individual state agency
graphics or tables within state agency pages, especially in an effort to place
the downloading burden on the state agency servers. Such an action may be
considered a misuse of state resources. Site owners should contact the appropriate
state agency to request permission to use a copy of the state agency's graphics
within the site owner's pages.
(C)
Accessibility Owners of sites linked to state agency pages
shall use reasonable efforts to ensure that persons with disabilities may
access these sites.
(D)
Copying and Use of Information by Web Site Owners Linking
to State Agency Sites Other than Universities The information posted on a
state agency Web site may be copied so long as it is presented in a non-misleading
way and does not imply that either the site owner or the information, as it
is presented on the site owner's Web site, is endorsed by the State. Use of
the information must identify the state agency that is the source of the information,
its Web address, the date the information was copied from the state agency's
Web site by the site owner and must be accompanied by a statement that neither
the site owner nor the information, as it is presented on the site owner's
Web site, is endorsed by the State or any state agency. A state agency may
not charge a fee to access, use or reproduce information on its Web site or
to link to information on its Web site, unless specifically authorized to
do so by the Texas Legislature. To protect the intellectual property of state
agencies, copied information must reflect the copyright, trademark, service
mark or other intellectual property rights of the state agency whose protected
information is being used by the site owner.
(E)
Copying and Use of Information by Web Site Owners Linking
to University Web Sites Much of the information posted on University Web sites
is owned by the individual who posts it rather than by the University, pursuant
to the Universities' Intellectual Property Policies. Whether information is
owned by the University or by an individual, permission should be obtained
from the content owner for any use beyond Fair Use. Such materials may only
be used in accordance with any limitations requested by the owner.
(F)
Links From a State Agency Web Site A state agency that
only provides links to other state agencies and Universities will post a link
to this State Web Site Link and Privacy Policy. A state agency that provides
links to private Web sites shall publish a linking policy that includes its
standards and criteria for linking to the private Web site. State agencies
are strongly encouraged to publish a disclaimer policy that specifically disclaims
liability and responsibility for private Web site content. State agencies
that link to private Web sites will post a link to this State Web Site Link
and Privacy Policy from the Web page that identifies their specific policies.
(2)
Protection of the Privacy Rights of Individuals by Non-Judiciary
State Governmental Bodies
(A)
Under Texas law, Chapter 559, Texas Government Code, unless
a state governmental body, other than a state governmental body that is part
of the judiciary, is allowed to withhold requested information from an individual
pursuant to Chapter 552, Texas Government Code (the Texas Public Information
Act), the individual is entitled to be informed about information collected
by the state governmental body about that individual.
(B)
Each non-judiciary state governmental body that collects
information about an individual by means of a form that the individual completes
and files with the state governmental body in a paper format or in an electronic
format on an Internet site shall prominently state, on the paper form and
prominently post on the state governmental body's Internet site in connection
with the electronic form, that:
(i)
with few exceptions, the individual is entitled on request
to be informed about the information that the state governmental body collects
about the individual;
(ii)
the individual is entitled to receive and review the information;
and
(iii)
the individual is entitled to have the state governmental
body correct incorrect information about the individual.
(C)
Each non-judiciary state governmental body that collects
information about an individual by means of an Internet site or that collects
information about the computer network location or identity of a user of the
Internet site shall prominently post on the state governmental body's Internet
site:
(i)
what information is being collected through the site about
the individual; and
(ii)
what information is being collected through the site about
the computer network location or identity of a user of the state governmental
body's Internet site, including what information is being collected by means
that are not obvious.
(D)
Each non-judiciary state governmental body must establish
a reasonable procedure under which individuals may have incorrect information
about them that is held by the state governmental body corrected. The correction
procedure may not unduly burden the individual seeking to have information
corrected.
(E)
Each non-judiciary state governmental body shall identify
its information collection practices and post that information in its Internet
site privacy and security policy. The e-mail addresses of members of the public
that are provided to non-judiciary state governmental bodies for electronic
communication with state governmental bodies are confidential and may not
be disclosed by state governmental bodies unless the affected member of the
public affirmatively consents to the disclosure of his or her e-mail address.
(3)
Requirements Applicable to State Agencies
(A)
With the exception of confidential information, information
protected by laws designed to protect an individual's privacy interests, and
information not subject to disclosure under the Texas Public Information Act,
state agencies are encouraged to post information on the Internet, in an accessible
format. Information about the design and posting of information on state Web
sites is available at http://www.dir.state.tx.us/standards/srrpub11.htm.
(B)
State agencies may not sell or release the e-mail addresses
of members of the public that have been provided to communicate electronically
with a government body without the affirmative consent of the affected member
of the public.
§206.5.Linking and Indexing State Web Sites .
(a)
All new or changed HTML documents on a state agency Web
site that meet the criteria of a "state publication" as defined by the Texas
State Library and Archives Commission shall include a descriptive page title
and the following meta tags:
(1)
Description - brief description of the subjects covered.
(2)
Keywords - specific to the page subject, and should not
exceed 25 words.
(3)
Author - State of Texas, agency name, and/or other identifying
information as set by the agency.
(b)
The home page of a state Web site shall incorporate TRAIL
metadata and shall:
(1)
Provide links to the following State of Texas resources:
(A)
Texas home page;
(B)
Link Policy;
(C)
Statewide Search.
(2)
Provide links to the following agency information:
(A)
Privacy and Security policy;
(B)
Accessibility policy;
(C)
Agency contact information;
(D)
Description of the agency's Open Records/Public Information
Act policy/procedures
(E)
Compact With Texans.
(c)
All key public entry points shall provide links to the
following:
(1)
Agency contact information;
(2)
Agency home page;
(3)
Accessibility policy;
(4)
Privacy and Security policy.
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 26, 2002.
TRD-200201182
Renee Mauzy
General Counsel
Department of Information Resources
Earliest possible date of adoption: April 14, 2002
For further information, please call: (512) 475-4750
Chapter 351.
COORDINATED PLANNING AND DELIVERY OF HEALTH AND HUMAN SERVICES
Part 5.
TEXAS BUILDING AND PROCUREMENT COMMISSION
non-certified
] HUBs to become certified.
(4)
] The HUB subcontracting plan
shall be reviewed and evaluated prior to contract award and, if accepted,
shall become a provision of the agency's contract. No changes shall be made
to an accepted subcontracting plan prior to its incorporation into the contract.
State agencies shall review the supporting documentation submitted by the
potential contractor/vendor to determine if a good faith effort has been made
in accordance with this section and the bid specifications. If the agency
determines that a submitted HUB subcontracting plan was not developed in good
faith, the agency shall treat the lack of good faith as a material failure
to comply with advertised specifications, and the subject bid or other response
shall be rejected. The reasons for rejection shall be recorded in the procurement
file.
(5)
] If the potential contractor/vendor
can perform all the subcontracting opportunities identified by the agency,
a statement of the potential contractor's/vendor's intent to complete the
work with its employees and resources without any subcontractors will be submitted
with the potential contractor's/vendor's bid, proposal, offer, or other expression
of interest. If the potential contractor/vendor is selected and decides to
subcontract any part of the contract after the award, as a provision of the
contract, the contractor/vendor must comply with provisions of this section
relating to developing and submitting a subcontracting plan before any modifications
or performance in the awarded contract involving subcontracting can be authorized
by the state agency. If the selected contractor/vendor subcontracts any of
the work without prior authorization and without complying with this section,
the contractor/vendor would be deemed to have breached the contract and be
subject to any remedial actions provided by Texas Government Code, Chapter
2161, state law and this section. Agencies may report
nonperformance
[
non-performance
] relative to its contracts to the commission
in accordance with Chapter 113, Subchapter F of this title (relating to the
Vendor Performance and Debarment Program).
(g)
] The commission will send all
certified HUBs an orientation packet including a certificate, description
of certification value/significance, list of agency purchasers, and information
regarding electronic commerce, the Texas Marketplace, and the state procurement
process.
(h)
] Each agency must notify its
mentors and proteges that participation is voluntary. The notice must include
written documentation that participation in the agency's Mentor Protege Program
is neither a guarantee for a contract opportunity nor a promise of business;
but the Program's intent is to foster positive long-term business relationships.
(i)
] State agencies may demonstrate
their good faith under this section by submitting a supplemental letter with
documentation to the commission with their HUB Report or legislative appropriations
request identifying the progress and testimonials of mentors and proteges
that participate in the agency's Program. In accordance with §111.26
of this title (relating to HUB Coordinator Responsibilities) the agency's
HUB Coordinator shall facilitate compliance by its agency.
Chapter 113.
CENTRAL PURCHASING DIVISION
Chapter 126.
SURPLUS AND SALVAGE PROPERTY PROGRAMS
Part 10.
DEPARTMENT OF INFORMATION RESOURCES
Chapter 206.
STATE WEB SITES
Part 15.
TEXAS HEALTH AND HUMAN SERVICES COMMISSION