Part 5.
TEXAS BUILDING AND PROCUREMENT COMMISSION
Chapter 115.
FACILITIES LEASING PROGRAM
Subchapter A. STATE LEASED PROPERTY
1 TAC §115.1
The Texas Building and Procurement Commission (TBPC) proposes
an amendment to 1 TAC §115.1, concerning the rules governing state government
leasing. The section defines the words and terms to be used in Chapter 115,
Subchapter A, related to leasing of space for state government agencies, boards
and commissions. The proposed amendment clarifies the definitions to be used.
Cindy Reed, Deputy Executive Director, has determined that for the first
five year period the rule is in effect, there will be no fiscal implication
for the state or local governments as a result of enforcing or administering
the amended rule.
Ms. Reed has determined that for each year of the first five year period
the amendment is in effect, the public benefit anticipated as a result of
enforcing the rule will be negligible. 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 the rule and there is no impact on local employment.
Comments on the proposal may be submitted to Cynthia de Roch, General Counsel,
Texas Building and Procurement Commission, P.O. Box 13047, Austin, Texas 78711-3047.
Comments may also be sent via e-mail to travis.langdon@tbpc.state.tx.us. Comments
must be received no later than 15 days from the date of publication of the
proposal in the
Texas Register
.
The amendment is proposed under the authority of the Texas Government
Code, Title 10, Subtitle D, §2152.003 and §2167.008.
The following code is affected by these rules: Government Code, Title 10,
Subtitle D, Chapter 2167.
§115.1.Definitions.
The following words and terms, when used in this subchapter, shall
have the following meanings[
(1)
Commission--The Texas Building and Procurement Commission
(TBPC).
[
(2)
Negotiated Lease--A lease negotiated directly with
a public or private entity on behalf of the state by TBPC or its tenant representative.
[
(3)
Request for Proposal (RFP)--A procurement for lease
space conducted by TBPC or its tenant representative through a public process
under the guidelines set forth by procedures established by the Leasing Division
and approved by TBPC.
[
(4)
State agency or agency--A board, a commission, or other
authorized agency of the state government.
[
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 August 25, 2003.
TRD-200305497
Cynthia de Roch
General Counsel
Texas Building and Procurement Commission
Earliest possible date of adoption: October 5, 2003
For further information, please call: (512) 463-4257
1 TAC §§115.2 - 115.11
(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 (TBPC)
proposes the repeal of 1 TAC §§115.2 - 115.11, concerning the rules
governing state government leasing. The sections establish the procedure that
TBPC is to follow when leasing space for state government agencies, boards,
and commissions. The proposed repeal of §§115.2 - 115.11 is necessary
because the sections do not accurately reflect the procedure or statutory
authority that is currently being followed.
Cindy Reed, Deputy Executive Director, has determined that for the first
five year period the repeal is in effect, there will be no fiscal implication
for the state or local governments as a result of the repeal of the rules
Ms. Reed has determined that for each year of the first five year period
the repeal is in effect, the public benefit anticipated as a result of repealing
the rules will be negligible. 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 the repeal and there is no impact on local employment.
Comments on the proposals may be submitted to Cynthia de Roch, General
Counsel, Texas Building and Procurement Commission, P.O. Box 13047, Austin,
Texas 78711-3047. Comments may also be sent via e-mail to travis.langdon@tbpc.state.tx.us.
Comments must be received no later than 15 days from the date of publication
of the proposal in the
Texas Register.
The repeal is proposed under the authority of the Texas Government
Code, Title 10, Subtitle D, §2152.003 and §2167.008.
The following code is affected by the repeal: Government Code, Title 10,
Subtitle D, Chapter 2167.
§115.2.General.
§115.3.Receipt and Processing of Requisitions for Leased Space.
§115.4.Filling Lease Space Requests from Nonprivate Public Sources.
§115.5.Leasing from a Private Source.
§115.6.Amendment of Lease.
§115.7.Transfer by Lessor.
§115.8.Potential Lessors' List.
§115.9.Delegation of Leasing Authority.
§115.10.Use of Private Firms to Obtain Space.
§115.11.Report on Noncompliance.
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 August 25, 2003.
TRD-200305499
Cynthia de Roch
General Counsel
Texas Building and Procurement Commission
Earliest possible date of adoption: October 5, 2003
For further information, please call: (512) 463-4257
1 TAC §§115.2 - 115.12
The Texas Building and Procurement Commission (TBPC) proposes
new rules to 1 TAC §§115.2 - 115.12, concerning the leasing of space.
The sections establish the procedure that TBPC is to follow when leasing space
for state government agencies, boards, and commissions. The proposed new rules
bring the language of the rules into compliance with current procedure and
with statutory authority.
Cindy Reed, Deputy Executive Director, has determined that for the first
five year period the rules are in effect, there will be no fiscal implication
for the state or local governments as a result of enforcing or administering
the new rules.
Ms. Reed has determined 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 the rules will be negligible. 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 the rules and there is no impact on local
employment.
Comments on the proposals may be submitted to Cynthia de Roch, General
Counsel, Texas Building and Procurement Commission, P.O. Box 13047, Austin,
Texas 78711-3047. Comments may also be sent via e-mail to travis.langdon@tbpc.state.tx.us.
Comments must be received no later than 15 days from the date of publication
of the proposal in the
Texas Register.
The new rules are proposed under the authority of the Texas Government
Code, Title 10, Subtitle D, §§2152.003, 2165.102 and 2167.008.
The following codes are affected by the rules: Government Code, Title 10,
Subtitle D, Chapter 2167, §2165.104(c), Texas Revised Civil Statutes
Annotated, article 9102 (Vernon 1999) and the Texas Occupation Code, Chapter
51 (Vernon 1999).
§115.2.Prerequisites for Leasing Space.
(a)
When a board, commission or agency requests to lease space
that is not property owned by the state, the Leasing Division shall verify
that state owned space is not available.
(b)
All requests for lease space must be submitted by the office
of the executive director or the agency head of the requesting party.
(c)
The chief administrative officer must certify the availability
of funds for the leased space in question and verify the number of FTE's existing
for the requested lease space location.
(d)
By virtue of Texas Government Code §2165.104(c) no
standard exemptions exist for any agency, board or commission regarding space
requirements. All requests for space exemptions from state statute or rule
shall be determined on a case by case basis by TBPC. No exemption granted
by TBPC will be considered as establishing a precedent for any future exemption
requests.
§115.3.Leasing Space for Health and Human Services Agencies.
(a)
All Health and Human Services (HHSC) agencies requests
for lease space must be submitted by the office of the executive commissioner.
(b)
The chief administrative officer of HHSC must certify the
availability of funds for the leased space in question and verify the number
of FTEs existing at the requested lease space location.
§115.4.Delegation of Authority to State Agencies.
A request by an agency for delegated leasing authority must have the
approval of the governing body of the agency making the request. Any agency
under the authority of an individual commissioner or executive director, appointed
by or directly accountable to the Governor, must provide evidence of notification
to the Office of the Governor in order for such a request to be valid.
§115.5.Elimination of Barriers to Persons With Disabilities in Leased Buildings.
All occupying agencies of state leased space must report violations
of Article 9102, Revised Statutes directly to the Texas Department of Licensing
and Regulations (TDLR).
§115.6.Leasing Services to State Agencies.
(a)
Any agency excluded from the leasing requirements must
request in writing from the agency head assistance from TBPC for leasing services.
(b)
The head of the agency requesting leasing assistance must
agree to pay the standard charge established by TBPC before the request for
lease assistance can be considered.
§115.7.Leasing Space From Private Source.
The Leasing Division shall establish procedures for leasing space from
a private source.
§115.8.Use of Private Firms to Obtain Space.
(a)
Any private brokerage or real estate firm assisting TBPC
in obtaining lease space for state agencies shall have no conflicts of interest
in representing the State of Texas.
(b)
No broker, real estate firm, tenant representative or person
representing the state as an agent in a leasing matter may, during the term
of the agency contract, simultaneously represent, participate or profit from
the actions of buyers, sellers, owners or any other person whose interests
would be different than those of the state in regard to the business affairs
of the agency.
§115.9.Option to Purchase.
The Leasing Division or its tenant representative shall provide a fiscal
analysis of any 'Option to Purchase' proposal to demonstrate to TBPC that
the proposal has evident advantages to the State compared to the leasing or
direct purchase of real property.
§115.10.Remedial Action Against Lessor.
(a)
No state agency occupying state leased space shall commit
any act or action that may endanger the state's interest under the lease contract.
(b)
Any state agency that TBPC determines has acted in bad
faith against the state's interest shall be reported to the Office of the
Speaker of the House, the House Committee on Appropriations, the Office of
the Lieutenant Governor, and the Senate Committee on Finance.
§115.11.Sublease to Child Care Provider.
TBPC may assign the operation of a child care center at a state leased
facility to another state agency or to an institution of higher education.
§115.12.Report on Noncompliance.
The Leasing Division of TBPC shall cite instances of non-compliance
to all entities mentioned in §2167.105 within 30 days of the discovery
of non-compliance. The Leasing Division shall provide a summary of all instances
of non-compliance at the end of each biennium to those respective entities
and shall include a summation of total non-compliance for each agency found
to be in violation.
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 August 25, 2003.
TRD-200305500
Cynthia de Roch
General Counsel
Texas Building and Procurement Commission
Earliest possible date of adoption: October 5, 2003
For further information, please call: (512) 463-4257
Texas Building and Procurement Commission (TBPC) proposes amendments
to 1 TAC Chapter 122, Facilities Planning, Subchapter A, §122.1 and §122.2,
and Subchapter B, §122.3. The amendments will implement new statutes,
update, restructure, and revise language, and create more efficient agency
processes throughout the rules.
William N. Bonham, Director of Facilities Construction and Space Management,
has determined that for the first five year period that the rules are in effect,
there will be no fiscal implication for state or local government as a result
of enforcing the rules.
Mr. Bonham has determined that for each year of the first five year period
the amendments are in effect, the public benefit anticipated as a result of
enforcing the rules will be clarity and consistency. There will be no cost
to small, large or micro-businesses or persons, and no impact on local employment
as a result of enforcing the rules.
Comments on the proposed amendments may be submitted to Cynthia de Roch,
General Counsel, Texas Building and Procurement Commission, P.O. Box 13047,
Austin, Texas 78701-3047. Comments must be received no later than 15 days
from the date of publication of the proposal in the
Texas Register.
Subchapter A. APPLICATION FOR STATE-LEASED OR OWNED FACILITIES
1 TAC §122.1, §122.2
The amendments are proposed under the authority of the Texas
Government Code, Title 10, Subtitle D, §§2152.003, 2165.102 and
2165.108
The proposed amendments will affect the Texas Government Code, Title 10,
Subtitle D, Chapter 2165, §2166.251 and §2166.260.
§122.1.Definitions.
The following words and terms, when used in this section, shall have
the following meanings, unless the context clearly indicates otherwise.
(1)
Agency
Employee
[
(2)
Agency
Head
[
(3)
Agency
Site
[
(4)
Commission--
The Texas Building and Procurement Commission
(TBPC)
[
(5)
Agency Space Allocation--The area assigned to an agency,
not to exceed 135 square feet per FTE, calculated on the basis of Gross Area
less the following exceptions
[
(A)
Space designated and regularly used for public activities,
including ancillary space such as lobbies, corridors, toilet rooms and refreshment
areas associated with the public space. This does not include lobbies and
other space ancillary to space primarily intended for internal use by FTE's
in the course of interfacing with clients, or to accommodate occasional visits
by members of the public.
[
(B)
Vertical shafts or chases used for circulation (elevators
or stairs) or mechanical, electrical, telecommunication, or data cabling distributions.
[
(C)
Mechanical, electrical, telecommunication, and data
cabling rooms which house equipment serving more than a single tenant.
[
(D)
Other areas to be determined by TBPC
[
(E)
When applying these criteria to planning
standards for leased space, the Gross Area will be calculated using the definitions
as defined in this section, regardless of whatever basis may be referenced
in the lease contract.
(F)
Final decision on questions arising from
differing interpretations of these guidelines shall be made by TBPC.
(6)
Gross Area--Gross Floor Areas shall be the area within
the inside perimeter of the outside walls of the building with no deduction
for hallways, stairs, closets, interior wall thickness, columns, or other
features. When floors open to an atrium, the inside finished surface of the
walls enclosing the atrium shall be used in lieu of an outer building wall.
[
(7)
Space
Allocation Ratio
[
(8)
Space Use Study--A study conducted by
TBPC
[
(9)
State Agency--A board, commission, department, or other
authorized agency of the state.
(10)
Usable Area--The Usable Area of a building
shall be computed by measuring from the finished surface of the office side
of a corridor and/or permanent wall, to the center of partitions that separate
interior spaces from adjoining Usable Areas, and the inside finished surface
of the dominant portion of the permanent outer building walls.
(11)
[
§122.2.Requests for Allocation, Relinquishment, or Modification of [
[
(1)
Requests shall provide the following information:
(A)
Statement of justification demonstrating added staff (enumerate
number of FTEs and agency unit), inadequacy of current facilities, lease expiration,
or other
.
[
(B)
Written certification that funds are authorized
and available to accomplish the requested action.
(C)
[
(D)
[
(E)
[
(F)
[
(G)
[
(H)
[
(I)
[
(2)
TBPC
[
[(3)
In allocating space in state-owned facilities,
priority shall be given to agencies receiving a greater share of operating
expense funds from the General Revenue Fund.]
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 August 25, 2003.
TRD-200305496
Cynthia de Roch
General Counsel
Texas Building and Procurement Commission
Earliest possible date of adoption: October 5, 2003
For further information, please call: (512) 463-4257
1 TAC §122.3
The amendments are proposed under the authority of the Texas
Government Code, Title 10, Subtitle D, §§2152.003, 2165.102 and
2165.108
The proposed amendments will affect the Texas Government Code, Title 10,
Subtitle D, Chapter 2165, §2166.251 and §2166.260.
§122.3.Space Allocation.
(a)
The Texas Government Code, Title 10, Subtitle D, §2165.104
requires
TBPC
[
(b)
This section applies to the use of state-leased and
owned office facilities obtained and/or managed through TBPC.
[
[(c)
This section applies to the use of state-leased
and owned office facilities obtained through the commission.]
(c)
[
[(1)
agency sites where 15 or fewer employees
are located;]
[(2)
aircraft hangar, associated storage and
administrative space;]
[(3)
printing and reprographic plant and associated
storage and administrative space;]
[(4)
radio antenna space;]
[(5)
boat storage space;]
[(6)
vehicle parking space;]
(1)
[
[(8)
residential space for a Texas Youth Commission
program;]
(2)
[
(3)
an agency site which renders application
of this section as impractical, as determined by TBPC; or
(4)
an agency site which renders application
of this section as impractical because of the site type of space or use of
space, as determined by TBPC.
[(10)
warehouse space;]
[(11)
scientific, audio visual, or photographic
(darkroom) laboratory space;]
[(12)
contiguous storage (non-office) space
exceeding 1,000 usable square feet;]
[(13)
hearing rooms required to conduct hearings
required under the Administrative Procedure Act, Texas Government Code, Chapter
2001;]
[(14)
law or public access library space;]
[(15)
records storage or archives (non-office)
space; or]
[(16)
hospital or clinic and associated administrative
space.]
[(e)
the following types of requested space
uses will be excluded by the commission from calculation of the space allocation
ratio when clearly enumerated and justified as described below:]
[(1)
consolidated statewide or regional space uses:]
[(A)
computer or telecommunication operations centers when
request includes network and connectivity diagram showing service locations,
agencies, and programs;]
[(B)
full-time training centers when request includes relevant
agency programs, and corresponding state or federal mandates;]
[(C)
conference rooms shared by different agencies when request
includes signatory acknowledgment of participant agencies;]
[(2)
health and human service direct delivery client service
space uses:]
[(A)
rehabilitation workshops;]
[(B)
public client waiting areas;]
[(C)
client training classrooms when request includes relevant
agency programs' corresponding state or federal mandates;]
[(D)
space provided to itinerant staff of another agency at
client-service locations when request includes signatory acknowledgment of
participant agencies;]
[(E)
playrooms;]
[(F)
employment resource rooms when request includes corresponding
state or federal mandate;]
[(G)
observation rooms in clinical or protective services offices;]
[(H)
Sunshine or Bridge rooms in protective services offices;]
[(I)
medical examination rooms and clinical laboratories of
the Department of Health;]
[(J)
storage areas for pharmaceuticals, medical supplies, or
client equipment and appliances;]
[(3)
cafeterias;]
[(4)
shared conference rooms scheduled by the commission or
by commission delegated agencies;]
[(5)
telephone or data (LAN, local area network) closets;]
[(6)
trial preparation rooms and litigation file rooms at litigation
offices of the attorney general;]
[(7)
testing areas and public waiting areas at Department of
Public Safety driver license offices;]
[(8)
public client waiting areas; and]
[(9)
a pro rata share of internal circulation space associated
with excluded uses at the site.]
(d)
[
(1)
Each request must be signed by the agency head and the
chairman of the agency's governing body [
(2)
TBPC
[
(3)
Requests granted or denied by
TBPC
[
(e)
[
(1)
as concluded by a
[
(2)
a strict application of the standard to a given site
is not practical; or
[
(3)
[
[(4)
the number of persons routinely working
in a space is substantially different from the agency employee calculation;]
[(5)
a request is consistent with an agency's
plan previously accepted by the commission for implementation of this rule;]
[(6)
an emergency lease is necessary to provide
facilities in the best interest of the state and strict compliance would unavoidably
and critically impair an agency's functions;]
[(7)
a negotiated lease with a political subdivision
is in the best interest of the State and strict compliance would unavoidably
and critically impair an agency's functions; or]
[(8)
a negotiated lease in the absence of
competition is in the best interest of the State and strict compliance would
unavoidably and critically impair an agency's functions.]
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 August 25, 2003.
TRD-200305498
Cynthia de Roch
General Counsel
Texas Building and Procurement Commission
Earliest possible date of adoption: October 5, 2003
For further information, please call: (512) 463-4257
The Texas Building and Procurement Commission (TBPC) proposes amendments
to 1 TAC Chapter 123, Facilities Construction and Space Management Division,
Subchapter A, §123.1 and §123.2 and Subchapter C, §§123.23
- 123.28, concerning the delegation of authority and exclusions from TBPC
of authority, project responsibility, analysis process, construction process,
the selection of design professionals, and contractor qualifications. The
proposed amendments implement new statutes, update, restructure, and revise
language, and create more efficient agency processes throughout the rules.
William N. Bonham, Director of Facilities Construction and Space Management,
has determined that for the first five year period that the rules are in effect,
there will be no adverse effect on state or local government as a result of
enforcing the rules.
Mr. Bonham has determined that for each year of the first five year period
the amendments are in effect, the public benefit anticipated as a result of
enforcing the rules will be clarity and consistency. There will be no cost
to small, large or micro businesses or persons as a result of enforcing the
rules.
Comments on the proposed amendments may be submitted to Cynthia de Roch,
General Counsel, Texas Building and Procurement Commission, P.O. Box 13047,
Austin, Texas 78701-3047. Comments may also be sent via e-mail to travis.langdon@tbpc.state.tx.us.
Comments must be received no later than 15 days from the date of publication
of the proposal in the
Texas Register
.
Subchapter A. GENERAL MATTERS
1 TAC §123.1, §123.2
The amendments are proposed under the authority of the Texas
Government Code, Title 10, Subtitle D, §2152.003 and §2166.062,
which provides the Texas Building and Procurement Commission with the authority
to promulgate rules consistent with the code.
The amendments are proposed to bring all rules governing the division's
activities into accordance with the Texas Government Code, Title 10, Subtitle
D, Chapter 2166. The changes also affect §2152.104(a).
§123.1.Definitions.
The following words and terms, when used in this chapter, shall have
the following meanings, unless the context clearly indicates otherwise.
(1)
Commission--The [
(2)
Contractor's Qualification Form--The
documents provided
by TBPC
[
(3)
Cost of Services--The costs incurred by TBPC in providing
construction project administration services, including project management,
professional inspection, staff time, prior project analysis cost, travel expense,
the estimated cost of minor and incidental materials used in pursuit of a
project, and may include an overhead rate to cover employee benefit costs.
(4)
Design Professional--Persons licensed by the State of Texas
to practice architecture in accordance with Texas
Occupations Code, Chapter
1051
[
(5)
Facilities Construction and Space Management Division (FCSMD)--The
TBPC division responsible for administration of construction projects under
TBPC's
[
(6)
TBPC--
Texas Building and Procurement Commission (TBPC)--the
agency responsible for building management and construction including administration
of construction projects under TBPC's jurisdiction, and the projects that
TBPC has agreed to manage
[
(7)
Notice to Proceed--A TBPC written order issued to a general
contractor under contract on a project which establishes the start and completion
dates for the contract and the project schedule.
(8)
Planning Fund--A fund administered by FCSMD from which
authorized planning expenditures are initially paid.
(9)
Project Analysis--A study done before the legislative appropriation
process for a project to develop a reliable estimate of the cost of the project
to be used in the appropriations process, and as authorized by Texas Government
Code, Title 10, Subtitle D, Chapter 2166, Subchapter D.
(10)
Project--A building construction project as defined in
Texas Government Code, §2166.001(4) that is financed wholly or partly
by a specific appropriation, a bond issue or federal money. The term includes
the construction of:
(A)
a building, structure or appurtenant facility or utility,
including the acquisition and installation or original equipment and original
furnishings; and
(B)
an addition to, alteration, rehabilitation or repair of,
an existing building, structure, or appurtenant facility or utility.
(11)
Project Request Forms--
A
[
(12)
Using Agency--An instrumentality of the state that occupies
and uses a state-owned or state-leased building, or
TBPC
[
(13)
Uniform General Conditions (UGC)--The terms and conditions
for state
building
construction projects promulgated in accordance
with Texas Government Code, Title 10, Subtitle D, Chapter 2166, Subchapter
G.
(14)
Wage Rates--The schedule of the hourly rate of pay plus
payments made to or on behalf of employees for benefits such as health insurance,
pension plans, death benefits and vacation pay.
§123.2.Delegation of Authority.
(a)
TBPC
[
(b)
Operating Procedures for Chapter 123 of this title may
be found in FCSMD's Internal Procedures Manual.
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 August 25, 2003.
TRD-200305513
Cynthia de Roch
General Counsel
Texas Building and Procurement Commission
Earliest possible date of adoption: October 5, 2003
For further information, please call: (512) 463-4257
1 TAC §§123.23 - 123.28
The amendments are proposed under the authority of the Texas
Government Code, Title 10, Subtitle D, §2152.003 and §2166.062,
which provides the Texas Building and Procurement Commission with the authority
to promulgate rules consistent with the code.
The amendments are proposed to bring all rules governing the division's
activities into accordance with the Texas Government Code, Title 10, Subtitle
D, Chapter 2166. The changes also affect §2152.104(a).
§123.23.General Project Responsibility.
(a)
[
(b)
[
(c)
[
(d)
Each construction project administered by TBPC shall bear
the cost of services rendered thereon. At the start of a construction project,
an estimate of the cost of services provided by TBPC will be provided to the
using agency. This estimate may be changed by agreement of TBPC and the using
agency.
(e)
The funds for all project expenses shall be transferred
to TBPC using an inter-agency agreement (IAC) signed by both parties and an
interagency transfer voucher (ITV) to convey the funds. This process shall
occur immediately after the project request is received and analyzed by TBPC
and before work commences on the project. Once the project is accepted and
the initial funding requirements are identified, the IAC and ITV shall be
processed and the funds transferred.
[
(f)
FCSMD shall develop detailed operating procedures that
outline the process for construction project management.
§123.24.Project Analysis Process.
(a)
The using agency is responsible for initiating a project
analysis. The using agency shall initiate a project analysis by submitting
to the FCSMD a request that a project analysis
be prepared for
[
(b)
To ensure results are available in a timely manner, requests
for project analyses shall be made no later than January 1 of even-numbered
years in order to ensure completion in time for submission with an using agency's
budget prior to the regular session of the legislature.
(c)
Project analyses shall be prepared based on FCSMD detailed
operating procedures.
§123.25.Construction Project Process.
(a)
Initiation of a construction project.
(1)
The using agency is responsible for initiating a construction
project. The using agency may commence the process by submitting a request
[
(2)
Projects should be initiated at the earliest opportunity
after authorization by the
legislature
[
(b)
Selection of Construction Delivery Method: When a project
has been requested by a using agency or appropriated to TBPC, FCSMD shall
assess which construction method provides the state with the best value:
(1)
Lowest and Best Bid
(2)
Design-Build
(3)
Construction Manager at Risk
(4)
Competitive Sealed Proposals
(c)
FCSMD shall develop detailed operating procedures to manage
the construction project process.
§123.26.Exclusions from TBPC [
(a)
Pursuant to the Texas Government Code, §§2166.003(a)(6)
and (7), 2166.004 and 2166.063, certain types of repair and rehabilitation
projects are not subject to TBPC construction administration, or are otherwise
excluded from TBPC's jurisdiction.
(b)
Applications for a determination that a project is excluded
shall be provided to [
(c)
FCSMD shall develop detailed operating procedures for implementing
the exclusion process.
§123.27.Selection of Design Professionals for Construction Projects.
[(a)
Registration of Design Professionals.]
[(1)
On or before May 1 of odd-numbered years, the FCSMD shall
advertise in appropriate media, including the TBPC web site, the Texas Electronic
State Business Daily and such other media generally available to the public,
for all interested design professionals to register with the TBPC for the
following biennium.]
[(2)
Registration with the TBPC will be accomplished by filling
out a questionnaire, either in writing or electronically, and submitting it
on or before July 1 of odd numbered years, or anytime before or after that
date.]
(a)
[
(b)
[
§123.28.Contractor Qualifications.
(a)
Interested contractors shall submit a contractor's qualification
form to [
(b)
FCSMD shall develop detailed operating procedures for contractor
selection.
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 August 25, 2003.
TRD-200305515
Cynthia de Roch
General Counsel
Texas Building and Procurement Commission
Earliest possible date of adoption: October 5, 2003
For further information, please call: (512) 463-4257
Subchapter A. TRAVEL MANAGEMENT SERVICES
1 TAC §§125.1, 125.3, 125.5, 125.7, 125.9, 125.11, 125.15, 125.17, 125.19, 125.29
The Texas Building and Procurement Commission (TBPC) proposes
amendments to 1 TAC Chapter 125, Subchapter A, §§125.1, 125.3, 125.5,
125.7, 125.9, 125.11, 125.15, 125.17, 125.19, and 125.29, concerning the agency's
Travel Management Services. The amendments provide TBPC with greater flexibility
in the acquisition of travel services that are in the best interest of the
state. The amendments also allow officers and employees of junior colleges
and school districts as well as municipal officers and employees to use TBPC's
travel services contracts when on official business.
The amendments are necessary to implement the provisions of House Bill
3042, House Bill 898 and House Bill 1061. Additionally, the amendments eliminate
outdated and unnecessary language related to various travel program procedures
and requirements.
Cindy Reed, Deputy Executive Director, has determined that for the first
five year period the rules are in effect, there will be no fiscal implication
for the state or local governments as a result of enforcing or administering
the amended rules. A moderate reduction in travel costs for municipalities,
school districts, and public junior colleges participating in the travel services
contracts is anticipated.
Ms. Reed has determined that for each year of the first five year period
the amendments are in effect, the public benefit anticipated as a result of
enforcing the rules will be greater compliance with the statutory requirements
of Texas Government Code, Chapter 2171. Allowing municipalities, school districts,
and public junior colleges to participate in travel service contracts could
result in a moderate reduction in travel expenses to local governments. 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 the rules and there
is no impact on local employment.
Comments on the proposal may be submitted to Cynthia de Roch, General Counsel,
Texas Building and Procurement Commission, P.O. Box 13047, Austin, Texas 78711-3047.
Comments may also be sent via e-mail to travis.langdon@TBPC.state.tx.us. Comments
must be received no later than 15 days from the date of publication of the
proposal in the
Texas Register.
The amendments are proposed under the authority of the Texas
Government Code, §§2152.003, 2171.002, 2171.052, and 2171.055.
The following code is affected by the amendments: Government Code, §§2171.002,
2171.052, and 2171.055.
§125.1.General.
[(a)
The travel and vehicle fleet services
program of the commission administers the State Travel Management Program.]
(a)
[
(b)
In addition, use of contracts for travel
services is extended to:
(1)
an officer or employee of a Texas public
junior college, as defined by §61.003, Education Code, who is engaged
in official public junior college business travel, provided the public junior
college has elected to participate in the program that provides these services;
(2)
an officer or employee of a Texas school
district, who is engaged in official school district business travel, provided
the school district has elected to participate in the program that provides
these services.
(3)
[
(4)
an officer or employee of a municipality,
who is engaged in official municipal business provided that the municipality
has elected to participate in the program that provides this service.
[(d)
It is the policy of the commission to
administer the State Travel Management Program to provide timely and efficient
travel services to eligible entities as defined in subsections (b) and (c)
of this section, and to generate savings, whenever possible.]
(c)
[
§125.3.Definitions.
The following words and terms, when used in this chapter, shall have
the following meanings, unless the context clearly indicates otherwise.
(1)
Accumulated
Depreciation
[
(2)
Airlines Reporting Corporation (ARC)--The organization
of participating airlines which provides a common method of approving travel
agency locations for the sale of domestic air transportation.
(3)
Alternative
Fuel
[
(4)
Alternative
Fuel Vehicle
[
(5)
Assigned
Vehicle
[
(6)
Book
Value
[
(7)
Capitalized
Value
[
(8)
City
Pair
[
(9)
Commission--The
Texas Building and Procurement (TBPC)
[
(10)
Computerized Reservations System (CRS)--One of a number
of interactive electronic systems linking individual travel agencies to a
central airline-owned computer, allowing agents to make availability inquiries
and travel reservations.
(11)
Corporate
Travel Charge Card
[
(12)
Depreciation
Rate
[
(13)
Direct
Labor
[
(14)
Disposal
Date
[
(15)
Downtime--The total number of working hours a state vehicle,
otherwise eligible for assignment, is out of service for repair or maintenance.
(16)
Driver's
Handbook
[
(17)
Facility--A building used for meetings, conventions, conferences,
and seminars.
(18)
Field Employee--A state employee whose regular duties
require work in locations other than agency headquarters or regional offices
and who regularly require a vehicle for ongoing daily duties.
(19)
Fleet
Officer
[
(20)
Gross
Vehicle Weight
[
[(21)
Group/Meeting Planning Requisition--The
form developed by the program for state agencies to request Group/Meeting
Planning Services. ]
(21)
[
(22)
[
(23)
[
(24)
[
(25)
[
(26)
[
(27)
[
(28)
Official Municipal Business Travel--The
travel undertaken by a municipal officer or employee, to conduct official
municipal business or to represent the municipality in an official capacity.
(29)
Official Public Junior College Business
Travel--The travel undertaken by a public junior college officer or employee
to conduct official public junior college business or to represent the public
junior college in an official capacity.
(30)
Official School District Travel--The
travel undertaken by a school district officer or employee, to conduct official
school district business or to represent the school district in an official
capacity.
(31)
[
(32)
[
(33)
[
(34)
Participating Municipality--A municipality
that has submitted the documentation required by TBPC to participate in State
travel services contracts.
(35)
Participating Public Junior College--A
public junior college that has submitted the documentation required by TBPC
to participate in State travel services contracts.
(36)
Participating School District--A school
district that has submitted the documentation required by TBPC to participate
in State travel services contracts.
(37)
[
(38)
[
(39)
[
(40)
[
(41)
[
(42)
[
(43)
[
(44)
[
(45)
[
(46)
[
(47)
[
(48)
[
(49)
[
(50)
[
(51)
[
(A)
any department, commission, board, office, council, or
other agency in the executive branch of state government created by the constitution
or by a statute of this state;
(B)
the Supreme Court of Texas, the Court of Criminal Appeals
of Texas, a court of civil appeals, or the Texas [
(C)
[
(52)
[
(53)
[
(54)
[
(55)
[
(56)
[
(57)
[
(58)
[
(59)
[
(60)
[
(61)
[
(62)
[
(63)
[
(64)
[
§125.5.Available Services.
[
(1)
travel agency services--reservation and ticketing services
for airline, hotel, and rental car rates and requirements under contracts
established by
TBPC's
[
(2)
corporate travel charge card services--charge accounts
and
/or
cards provided for official state
, municipality, county,
public junior college, or school district
business travel use;
(3)
negotiated rate services--negotiated rates for travel services
including but not limited to airline fares, lodging establishments, and rental
cars;
[(4)
group/meeting planning services--services
provided to state agencies with site selection, rate negotiation, and contracting
assistance for meetings, conventions, conferences, and/or seminars.]
§125.7.Travel Agency Services.
(a)
TBPC may contract with travel agents which meet certain
reasonable requirements as prescribed by TBPC.
Except as otherwise
provided in subsection
(b)
[
[
(1)
Travel agency services are available to
:
[
(A)
all state agencies and institutions of
higher education;
(B)
all Texas counties which participate in
the program services;
(C)
all Texas municipalities which participate
in the program services;
(D)
all Texas public junior colleges participating
in the program services; and
(E)
all Texas school districts participating
in the program services.
(2)
The term of the contract is established by
TBPC
[
(3)
State agencies may select
a
[
(b)
[
§125.9.Corporate Travel Charge Card Services.
(a)
Charge accounts and cards are provided for official [
(b)
Corporate travel charge card services are provided by contract
established between
TBPC
[
(c)
Contract corporate travel charge card services are available
to
:
(1)
all participating state agencies in accordance
with §125.19 of this title
; and
[
(2)
all participating municipalities, counties,
public junior colleges and school districts in accordance with §125.29
and §125.31 of this title.
(d)
An employee is not required to obtain a state corporate
travel charge card. However, all contract airfares must be charged on the
state's corporate travel charge card.
(e)
Participating state agencies
, municipalities, counties,
public junior colleges and school districts,
may choose to have charges
billed as follows:
(1)
Individual billing. All official [
(A)
standard travel voucher procedures
for
state agencies; and
[
(B)
the applicable reimbursement requirements
as defined by the individual municipalities, counties, public junior colleges
and school districts.
(2)
Central billing. All official [
(A)
the
[
(B)
the municipalities, counties, public junior
colleges, and school districts pay the charge card vendor through their applicable
payment procedures.
(f)
A state agency shall approve issuing a corporate travel
charge card to an employee if the employee is expected to take at least three
trips or spend at least $500 per fiscal year for official state travel business.
However, a state agency may approve issuing a card to an employee who does
not meet this requirement.
(g)
A state agency
, municipality, county, public junior
college or school district,
shall cancel a corporate travel charge card
upon the employee's termination of employment, and may cancel the card and/or
impose other disciplinary action if the employee does not comply with subsection
(i) of this section or with any other provision of the corporate travel charge
card policies established by the state agency
, municipality, county,
public junior college or school district
.
(h)
A state agency shall monitor employee corporate travel
charge card spending and payment delinquency and may take disciplinary action
up to and including termination of employment.
(i)
By accepting an individual corporate travel charge card,
the employee accepts the responsibility for paying all charges timely and
agrees that the card is intended for official [
§125.11.Negotiated Rate Services.
(a)
Negotiated rates for travel services for official [
(b)
The negotiated rates
:
(1)
are to be used by state agencies in accordance
with §125.19 of this title
; and
[
(2)
may be used by municipalities, counties,
public junior colleges and school districts in accordance with §125.29
and §125.31 of this title.
(c)
Negotiated rates may be extended for personal business
use only at the discretion of the contract travel vendors.
(d)
The negotiated rates will be [
(e)
Negotiated rates are established by written contract. Contract
rates are binding for the specified term agreed upon by
TBPC
[
(f)
State agencies may request the program to attempt to establish
negotiated rates with specific travel vendors. The program will honor such
requests when it determines that it is in the best interest of the state.
(g)
A state agency required to use
TBPC's
[
§125.15.Certification of Capability To Provide Services.
Pursuant to Texas Government Code, Title 10, §2171.051 , prior
to the [
§125.17.Travel Vendor Selection Process.
[
[(b)
The program may solicit competitive bids
by issuing a request for proposal using the following procedures:]
[(1)
Notice of the request for proposal shall be published
in the
Texas Register
and the Texas Electronic
Marketplace and distributed to prospective travel vendors.]
[(2)
A request for proposal shall include but not be limited
to the following:]
[(A)
a detailed description of the services sought;]
[(B)
any available supporting statistical information which
is to be taken into account by prospective travel vendors in preparing proposals;]
[(C)
the criteria to be used in evaluating proposals for final
awards;]
[(D)
the specified date, time, and place for submission of
proposals; and]
[(E)
qualifications prospective travel vendors must meet to
be considered for award.]
[(3)
A pre-proposal conference may be held after a request
for proposal is issued. The time, date, and location of the conference shall
be stated in the request for proposal.]
[(4)
Proposals and the required number of copies must be submitted
by the specified date, time, and place stated in the request for proposal.]
[(5)
The program may select a team to evaluate proposals.]
[(6)
The evaluation team may request oral presentations by
any or all prospective travel vendors submitting proposals.]
[(7)
During discussions or oral presentations with prospective
travel vendors, no information from competing proposals shall be disclosed
to other prospective travel vendors.]
[(8)
Upon completion of oral presentations or discussions,
prospective travel vendors may be requested to revise any or all portions
of their proposals.]
[(9)
Based upon the evaluation of the proposals, the director
of the Support Services Division shall determine and recommend to the executive
director of the commission the travel vendor(s) selected for contract awards.]
[(10)
Notice of Award(s) shall be made to the travel vendor(s)
whose proposal(s) are most advantageous and are in the best interest of the
state considering the evaluation criteria set forth in the request for proposal.
The commission may reject all or any part of the proposal(s) when in the best
interest of the state.]
[(11)
The contract(s) resulting from the request for proposal
process consists of the following:]
[(A)
The request for proposal;]
[(B)
The transcribed preproposal conference questions and answers;]
[(C)
Any addenda to the request for proposal;]
[(D)
The successful travel vendor's response; and]
[(E)
The notice of award(s).]
§125.19.Participation by State Agencies.
(a)
State agencies' participation in the program is as follows:
(1)
State agencies in the executive branch of state government
shall participate in the program and use the travel agency, charge card, rental
car, airline, hotel, and other travel services negotiated by the program;
(2)
Institutions of higher education are not required to use
the travel agency services contracts, but are required to use all other travel
services contracts when such purchases are made using general revenue funds
or educational and general funds as defined by the Education Code, §51.009;
(3)
The Employees Retirement System of Texas is not required
to participate in the contract travel agency services or other travel services
purchased from funds other than general revenue funds.
(b)
A state agency that is not required to use
TBPC's
[
(1)
Participate at its own option.
(2)
Use the corporate travel charge card services if a state
agency decides to use travel agency services contracts.
(3)
Give
TBPC's
[
(c)
To begin participating in the travel agency and/or corporate
travel charge card contracts, a state agency must submit a completed travel
service requisition to the program and
TBPC
[
(1)
preview
[
(2)
if
[
(d)
TBPC's
[
(1)
Contract travel agency alternative. Use of an authorized
alternative method is allowable because the state traveler is already in travel
status which renders the use of a contract travel agency impractical or unnecessary;
airline reservations are not required;
reservations can be secured through
a different source that results in a lower overall cost to the state;
or
travel is undertaken as part of a group program for which reservations must
be made through a specified source to obtain a particular rate and/or service.
(2)
Lower total cost to the state. Use of a non-contract travel
vendor is less than the contract fare or rate which is offered to the general
public, and/or when all trip expenses are evaluated, including ground transportation,
insurance fees, parking fees, taxes, and travel time, the use results in a
lower total overall cost to the state. If the contract travel vendor offers
the same lower fare or rate, the contract travel vendor must be used, unless
a valid exception exists.
(3)
Efficient use of services. Use of a non-contract travel
vendor is necessary because the contract travel vendor is sold out, is not
able to provide services at the time or location necessary to accomplish the
purpose of the trip, has a real or anticipated labor disruption, or is providing
negotiated rates for group travel.
(4)
Health and safety issues. Use of a non-contract travel
vendor may be allowed when a state traveler finds that the accommodations
provided by the vendor may reasonably present a risk to the state traveler
or person under the state's custody in the following circumstances:
(A)
accommodations
[
(B)
accommodations
[
(C)
accommodations
[
(5)
Corporate travel charge card alternative. Use of a personal
charge card is allowable only for non-contract airfares used in accordance
with this chapter if it offers insurance benefits not available from the state's
corporate travel charge card contract.
(e)
An exception must be indicated on or with a voucher or
other payment document as specified by the comptroller of public accounts.
State agencies shall establish travel procedures to comply with this subsection
and submit them to the program for approval.
(f)
A state agency required to use
TBPC's
[
(g)
Contract rates will be distributed by
TBPC
[
(h)
When a voucher or other payment document for travel services
is submitted to the comptroller of public accounts and it does not show that
a travel service contract was properly used or an exception listed in subsection
(d) of this section is not reflected, the comptroller of public accounts will
handle the document as specified in paragraphs (1) and (2) of this subsection.
(1)
Pre-payment audits by the comptroller of public accounts.
(A)
except
[
(B)
the
[
(2)
Post-payment audits by the comptroller of public accounts.
(A)
except
[
(B)
the
[
(i)
A state agency may submit a written request for exemption
from the required use of one or more travel services contracts.
TBPC
[
§125.29.Texas Counties , Texas Municipalities, School Districts, and Texas Public Junior Colleges Use of Contracts for [
(a)
A Texas
municipal officer or employee,
county
officer or employee,
school district officer or employee who is engaged
in official business, public junior college officer or employee as defined
in the Texas Education Code §61.003
or persons who are in the custody
of the state may use the following program services:
(1)
contract travel agency services as defined
in §125.5 of this title;
(2)
contract corporate travel charge card
services as defined in §125.5 of this title;
(3)
negotiated rates services as defined in §125.5
of this title.
[(1)
contract airline fares for purposes of
obtaining reduced airline fares; and/or]
[(2)
contract travel agency services for purposes
of obtaining reduced travel agent fees.]
(b)
A Texas
municipality or
county seeking to participate
in the program to use the contract airline fares and/or the contract travel
agency services shall execute and submit a
commissioner's court resolution
or other documentation required by TBPC
[
[(1)
Agreement to pay an applicable participation
fee;]
[(2)
Participation dates;]
[(3)
Use of contract airline fares;]
[(4)
Use of contract travel agency services;]
[(5)
Consent to travel vendor reporting requirements;
and]
[(6)
Contract termination.]
(c)
A Texas public junior college or school
district seeking to participate in the use of TBPC's travel and transportation
service contracts shall execute and submit documentation required by TBPC
which indicates compliance with the applicable travel program guidelines.
(d)
[
(1)
County participation fees collected shall
be deposited to the credit of the county travel account which is an account
in the general revenue fund that is appropriated only for the purposes of
the county travel program.
(2)
Municipal participation fees collected
shall be deposited to the credit of the municipal travel account which is
an account in the general revenue fund that is appropriated only for the purposes
of the municipal travel program.
(3)
Public junior college participation fees
collected shall be deposited to the credit of the public junior college travel
account which is the account in the general revenue fund that is appropriated
only for the purposes of the public junior college travel program.
(4)
School district participation fees collected
shall be deposited to the credit of the school district travel account which
is the account in the general revenue fund that is appropriated only for the
purposes of the school district travel program.
(e)
[
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 August 25, 2003.
TRD-200305532
Cynthia de Roch
General Counsel
Texas Building and Procurement Commission
Earliest possible date of adoption: October 5, 2003
For further information, please call: (512) 463-4257
1 TAC §125.13, §125.27
(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 (TBPC)
proposes the repeal of 1 TAC Chapter 125, Subchapter A, §125.13 and §125.27,
concerning the agency's Travel Management Services. The repeal of §125.13
would eliminate the requirement for TBPC to provide group meeting planning
services to other state agencies.
TBPC is not required by statute to provide group meeting planning services.
It has been determined by TBPC that these services are minimally used and
do not provide a cost-benefit to the State. The repeal of §125.27 would
eliminate an obsolete contracting procedure thereby conforming the agency
rules with TBPC's travel service contracting authority under Texas Government
Code, §2171.052, as amended by House Bill 3042.
Cindy Reed, Deputy Executive Director, has determined that for the first
five year period the repeal is in effect, there will be no fiscal implication
for the state or local governments as a result of enforcing or administering
the repeal.
Ms. Reed has determined that for each year of the first five-year period
the repeal is in effect, the public benefit anticipated as a result of repealing
the rules will be a more efficient use of TBPC's staff. 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 the repeal and there is no impact
on local employment.
Comments on the proposals may be submitted to Cynthia de Roch, General
Counsel, Texas Building and Procurement Commission, P.O. Box 13047, Austin,
Texas 78711-3047. Comments may also be sent via e-mail to travis.langdon@TBPC.state.tx.us.
Comments must be received no later than 15 days from the date of publication
of the proposal in the
Texas Register.
The repeal is proposed under the Texas Government Code, §§2152.003,
2171.002, 2171.052 and 2171.055.
The following statutes are affected by the repeal: Texas Government Code, §§2152.03,
2171.002, 2171.051, 2171.052 and 2171.055.
§125.13.Group/Meeting Planning Services.
§125.27.Travel Agency Services Contracts.
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 August 25, 2003.
TRD-200305534
Cynthia de Roch
General Counsel
Texas Building and Procurement Commission
Earliest possible date of adoption: October 5, 2003
For further information, please call: (512) 463-4257
1 TAC §§125.41, 125.43, 125.45
The Texas Building and Procurement Commission (TBPC) proposes
amendments to 1 TAC §§125.41, 125.43, and 125.45, concerning vehicle
fleet maintenance services and the name of TBPC. These sections establish
the scope and duties of the Office of Vehicle Fleet Management.
The amendments correct the website address and remove the requirement that
the Texas Building and Procurement Commission provide vehicle fleet maintenance
services to agencies in Travis County and allow TBPC to provide these services
at its discretion, through the Office of Vehicle Fleet Management.
The amendments remove the responsibility for TBPC's fleet management from
the Office of Vehicle Fleet Management (OVFM). This amendment corrects the
existing rule to reflect the current practice that the appropriate TBPC personnel,
not the OVFM, provide the day to day management of TBPC's fleet of vehicles.
The amendments place the responsibility for the "Vehicle Fleet Management
System" with the OVFM, change the data reporting period from twice annually
to a monthly basis, and align examples of required data items with the State
Vehicle Management Plan. These amendments are a result of statutory changes
made to Chapter 2171 by House Bill 3042.
Cindy Reed, Deputy Executive Director, has determined that for the first
five year period the rules are in effect, there will be no fiscal implication
for the state or local governments as a result of enforcing or administering
the amended rules.
Ms. Reed has determined that for each year of the first five year period
the amendments are in effect, the public benefit anticipated as a result of
enforcing the rules will be unchanged from the current public benefit received
from these services. 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 the rules and there is no impact on local employment.
Comments on the proposal may be submitted to Cynthia de Roch, General Counsel,
Texas Building and Procurement Commission, P.O. Box 13047, Austin, Texas 78711-3047.
Comments may also be sent via e-mail to travis.langdon@TBPC.state.tx.us. Comments
must be received no later than 15 days from the date of publication of the
proposal in the
Texas Register.
The amendments are proposed under the authority of the Texas
Government Code, §2152.003 and §2171.002.
The following code is affected by the amendements: Government Code, Title
10, Subtitle D, Chapter 2171.
§125.41.Office of Vehicle Fleet Management.
(a)
Through the Office of Vehicle Fleet Management, TBPC
[
(b)
TBPC
[
(c)
TBPC may, for a fee, offer
[
(d)
The computerized Vehicle Fleet Management System is a database
that contains information on vehicle inventories, maintenance and repair history,
mileage, fuel usage, and expenses incurred for all state agencies.
(e)
TBPC may
[
(1)
adjustments to the Vehicle Fleet Management System;
(2)
current fleet management issues; and
(3)
the improvement of fleet management expertise among state
agencies.
§125.43.Assignment and Use of Pooled Vehicles.
(a)
Each vehicle in
TBPC's
[
(b)
Commission employees must present a valid Texas driver's
license each time a pooled vehicle is checked out.
(c)
Pooled vehicle assignments will be made by
designated
TBPC personnel
[
(d)
Pooled vehicles assigned on a regular or daily basis to
individual administrative or executive employees, require written documentation
that the assignment is critical to
TBPC's
[
§125.45.Vehicle Fleet Management System.
(a)
The Vehicle Fleet Management System is the responsibility
of the
Office of Vehicle Fleet Management
[
(b)
Each agency fleet officer is responsible for establishing,
maintaining, and submitting to
TBPC on a monthly basis
[
(1)
Information to be recorded in each agency's fleet management
system for submission to
TBPC's
[
(A)
acquisition date, vehicle make, model, type, class, year,
gross vehicle weight rating, exempt license plate number, manufacturer, vehicle
identification number, whether a special purpose vehicle, and whether a pool
or assigned vehicle;
(B)
acquisition cost, capitalized value, [
(C)
type, and quantity of all fuels and lubricants used, including
their cost
and
[
(D)
insurance and accident related expense;
[(E)
standard labor rate for any state agency
operated repair facility;]
(E)
[
(F)
[
[(2)
Information for the reporting period
from September 1 to February 28 must be submitted on or before March 30 each
year. Information covering the reporting period from March 1 to August 31
must be submitted on or before September 30 each year.]
(2)
[
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 August 25, 2003.
TRD-200305533
Cynthia de Roch
General Counsel
Texas Building and Procurement Commission
Earliest possible date of adoption: October 5, 2003
For further information, please call: (512) 463-4257
1 TAC §125.47
(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 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 (TBPC)
proposes the repeal of 1 TAC §125.47, concerning vehicle fleet maintenance
service. The repeal is proposed as the Texas Building and Procurement Commission
is no longer required to provide the services described therein because of
amendments to Texas Government Code §2171.102 contained in House Bill
3042.
Cindy Reed, Deputy Executive Director, has determined that for the first
five year period the repeal is in effect, there will be no fiscal implication
for the state or local governments as a result of enforcing or administering
the repeal.
Ms. Reed has determined that for each year of the first five-year period
the repeal is in effect, the public benefit anticipated will be unchanged
from the current public benefit received from these services. 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 the repeal and there is no
impact on local employment.
Comments on the proposal may be submitted to Cynthia de Roch, General Counsel,
Texas Building and Procurement Commission, P.O. Box 13047, Austin, Texas 78711-3047.
Comments may also be sent via e-mail to travis.langdon@TBPC.state.tx.us. Comments
must be received no later than 15 days from the date of publication of the
proposal to the
Texas Register.
The repeal is proposed under the authority of the Texas Government
Code, §2152.003 and §2171.002.
The following code is affected by the repeal: Government Code, Title 10,
Subtitle D, Chapter 2171.
§125.47.Vehicle Fleet Maintenance Services.
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 August 25, 2003.
TRD-200305535
Cynthia de Roch
General Counsel
Texas Building and Procurement Commission
Earliest possible date of adoption: October 5, 2003
For further information, please call: (512) 463-4257
Chapter 393.
INFORMAL DISPUTE RESOLUTION AND INFORMAL RECONSIDERATION
, unless the context clearly indicates otherwise
].
Potential lessor list--A list of prospective potential
lessors maintained by the Commission which sets out the names and addresses
of building owners and agents who have shown an interest in leasing space
to the state and from whom bids or proposals can be solicited for obtaining
leased space for state use.
]
Commission--The General Services Commission, or its successor
agency, the Texas Building and Procurement Commission.
]
Emergency Lease--A lease negotiated with
a private source for a term not to exceed 24 months, as determined by the
commission.
]
(5)
Unduly restrictive specifications--Specifications
that unnecessarily limit competition by setting requirements unrelated to
the state's actual needs, which have the effect of favoring one or more prospective
bidders over all the rest.]
Chapter 122.
FACILITIES PLANNING
employee
]--The full-time
equivalent (FTE) of a person performing services on site under the direction
of a state agency, including hours worked by full-time employees, part-time
employees, and consultant and contract individuals as defined by the state
auditor; including employees paid from funds maintained outside the treasury
and hours worked by volunteers performing necessary services. [
Requests
must include all contract and volunteer employees' work-hours and functions.
]
head
]--The highest-ranking
executive officer with full-time responsibility for the operations of the
agency
.
[
;
]
site
]--A building or
building complex on a single site or under a single lease contract, where
agency business is transacted or services are provided
.
[
;
]
The General Services Commission
]
Usable square feet--An area within
the exterior walls of a building for the exclusive use of the occupying agency,
including space exempted by rule but does not include
]:
public hallways, restrooms, stairwells,
and elevator shafts;
]
mechanical rooms or closets for heating, air conditioning, plumbing,
janitorial, electrical, telephone, and other general building services;
]
interior atriums, courts, or monumental spaces for public use; and
]
fire towers and fire tower courts
].
Net usable square feet--For the purpose of calculating an agency's
space allocation ratio, that portion of the usable square feet of an occupying
agency's space other than spaces specifically exempted under §122.3(d)
and (e) of this title (relating to Space Allocation).
]
allocation ratio
]--The mathematical result of dividing the occupying agency's
Space Allocation
[
net usable square feet
] by the total number
of agency employees per site.
the commission on a cost-recovery basis
] to determine space requirements
for state agencies.
(10)
] Variance--A request for more
than
135
[
153
] square feet of [
net
] usable
space per agency employee at a particular site.
Space in ] State[ -Leased or ] Owned Facilities Under the Commission's Control .
Under the Commission's Control
] Requests for allocation,
relinquishment, or modification of space in state-leased and owned facilities
under
TBPC's
[
the commission's
] control shall be made
in writing to
TBPC's
[
the commission's
] director of
Facilities Construction and Space Management Division by the agency head or
designee of the requesting agency.
;
]
(B)
] Identification of action requested
to include: the desire to occupy, add, relinquish, and/or modify state-owned
or leased space; lease new space; modify, renew, extend, or terminate current
lease contract (include lease number[
.
])[
;
] or other
.
[
;
]
(C)
] Function of occupying agency
program to include: direct delivery client service or administrative office;
laboratory; warehouse; storage; print shop; boat storage; parking space; or
other
.
[
;
]
(D)
] Desire location to include:
current facility; different facility; city; special location factors; or others
.
[
;
]
(E)
] Term of need to include: short-term
(48 months or less) or long-term (specify duration); date occupancy or action
is needed; and/or other critical schedule factors
.
[
;
]
(F)
] Present occupancy status of
subject agency program describing whether the unit is now housed in state-owned
(name and address of facility), state-leased, or not housed; present lease
number; number of current FTEs;
and agency's current space allocation.
[
usable square feet occupied;
]
(G)
] Special conditions related
to critical agency functions that require facility services beyond regular
business hours, or other
.
[
; and
]
(H)
] Requesting agency contact
,
[
and
] telephone and fax numbers for agency program requiring
space or modification.
The commission
] will grant
or deny a request in writing.
Subchapter B. SPACE ALLOCATION
the commission
] to allocate space to
state agencies in the best and most efficient manner possible. In addition,
TBPC
[
the commission
] may not allocate space to a state agency
under Articles I, II, V, VI, VII, and VIII of the General Appropriations Act,
the Texas Higher Education Coordinating Board, the Texas Education Agency,
the State Board of Educator Certification, the Office of Court Administration
of the Texas Judicial system,
or other specified state agency
in an amount
that exceeds an average of
135
[
153
]
usable square feet
space allocation
of office space for each agency
employee for each agency site.
For the purpose of calculating the space allocation ratio at a particular
site: all offices, workstations, workspaces, storage spaces, support spaces,
and circulation spaces within the agency's usable square-footage shall be
included except that type of space listed in subsections (d) and (e) of this
section.
]
(d)
] This section does not apply
to:
(7)
] residential space for a Texas
Department of Mental Health and Mental Retardation program;
(9)
] space to be utilized for less
than one month for meetings, conferences, seminars, conventions, displays,
examinations, auctions, or similar purposes;
(f)
] Variances or Waivers of allocation
limits: Any agency request for more than
135
[
153
] square
feet of [
net usable
] space per agency employee at a particular
site must be [
must be
] submitted to
TBPC
[
the commission
] demonstrating conformance with one of the criteria in subsection
(e)
[
(g)
] of this section.
(if any). This authority may
not be delegated within the requesting agency
].
The commission
] will grant
or deny a request in writing.
the
commission
] may be provided to the Legislative Budget Board, the Governor's
Budget and Planning Office,
the Chair of the Senate Finance Committee
and the
Chair
[
chairman
] of the House Appropriations
Committee.
(g)
]
TBPC
[
The commission
] may allocate usable office space in excess of
135
[
153
] square feet per agency employee, if
TBPC
[
the commission
] determines that:
based upon a
]
Space Use Study conducted by
TBPC
[
the commission
],
a particular type of space should be excluded;
would unavoidably and critically impair an
agency's functions;
]
it
] is in the best financial interest
of
[
to
] the state to do so
.
[
;
]
Chapter 123.
FACILITIES CONSTRUCTION AND SPACE MANAGEMENT DIVISION
six member board of the General Services
Commission of the State of Texas, or its successor organization, the seven
member board of the
] Texas Building and Procurement Commission
(hereinafter referred to as "TBPC")
.
TBPC provided document
] which contractors must complete
and return to TBPC in order to be considered for a construction contract award.
Civil Statutes, Article 249a (relating to Architects)
]
or engineering in accordance with Texas
Occupations Code, Chapter 1001
[
Civil Statutes, Article 3271a (relating to the Texas Engineering
Practice Act)
].
the commission's
] jurisdiction, and such other projects
that
TBPC
[
the commission
] has agreed to manage.
The General Services Commission, or
its successor agency, the Texas Building and Procurement Commission (herein
referred to collectively as "TBPC"),
] for the State of Texas.
The
] TBPC
[
provided
] document
that includes funds certification information
that
[
which using
] agencies must complete and return to TBPC
in order to initiate a project for construction.
the commission
], with respect to a state-owned building maintained by
TBPC
[
the commission
].
The commission
] may act to
exercise any power or authority set out in Chapter 123 of this title (relating
to the
FCSMD
[
Facilities Construction and Space Management
Division
]), or it may delegate such authority to the executive director.
The executive director, in exercising delegated authority, may further delegate
his authority to another member of the FCSMD staff.
Subchapter C. CONSTRUCTION PROJECT ADMINISTRATION
The
] TBPC is responsible for the administration
of project analyses and construction projects for all state agencies except
as otherwise provided in Texas Government Code,
§
§2166.003
,
[
and §
]2166.004,
2165.007
and other statutes.
The
] TBPC will act as the owner for the benefit
of the using agency and shall provide timely and complete information to the
using agency for any pending project for which it is responsible.
The
] TBPC shall act in the best interests of
the State of Texas in administering project contracts for which it is responsible.
One-half of the cost of services
shall be transferred to TBPC upon approval of the total project cost by the
using agency. The remaining half of the cost of services fee shall be transferred
to TBPC upon award of the primary construction contract for each project or
approval to begin construction on projects using alternate delivery procedures.
TBPC shall use the fees collected to pay for the expenses of performing its
services.
]
of
] a proposed project [
be prepared
]. Standard request forms
are provided by the FCSMD and are available on the
TBPC website, under
the Facility Design and Construction link to Forms
[
FCSMD Computer
Management System (CMS)
].
on its letterhead
] to initiate work on the project
on its
letterhead
or [
through the CMS. Project Request forms are provided
by the FCSMD and are available
] on the
TBPC website, under the
Facility Design and Construction link to Forms
[
CMS
]. The
using agency must identify the source and amount of funds to be applied to
the project. If the funds for the project are not directly appropriated to
the
TBPC
[
GSC
], the using agency must execute an interagency
agreement with the
TBPC
[
GSC
], which will govern the
payment of all services and contracts necessary to accomplish the project.
Legislature
],
but not later than January 1 of even-numbered years. This timeframe is required
for a contract award to be made within the fiscal year for which appropriated
project funds are available.
Commission ] Authority.
the
] FCSMD in writing on or before June 1
of each fiscal year. [
The
] FCSMD shall advise using agencies
of this deadline
[
that
] because an approval after the June
1 deadline may result in funds not
being
[
be
] spent
during that fiscal year
and
[
, that
] TBPC assumes no
liability thereof. Each application must provide the proposed changes, budget
information, and method of construction intended by the using agency.
(b)
] [
Selection process for
construction project design professionals.
] FCSMD shall develop detailed
operating procedures for selection of design professionals
.
(c)
]
Prime and non-prime
[
Non-prime
] design selections. [
The
] TBPC shall conduct selections
of design professionals for non-prime design work in accordance with Texas
Government Code, Chapter 2254, Subchapter A, for non-prime design professionals
and Chapter 2166, Subchapter D, for design professionals who may perform prime
and non-prime design services. [
The
] TBPC reserves the authority
to award multiple, indefinite quantity services agreements to design professionals
in the disciplines needed by FCSMD.
the
] FCSMD in a timely fashion and no later than the date
established in the notice to bidders. Forms are available for pick up with
bid documents
or on TBPC website, under the Facility Design and Construction
link to Forms
. Incomplete forms
will
[
shall
] be
rejected.
Chapter 125.
SUPPORT SERVICES DIVISION--TRAVEL AND VEHICLE
(b)
] [
State
] Travel [
Management Program
] services are provided to state agencies, their employees,
elected or appointed officers, and other persons entitled to reimbursement
for official state business travel expenses incurred on behalf of the state.
(c)
] [
Use of the State Travel
Management Program's Contract Airline Fares is extended to
] a Texas
county employee or persons who are in the custody of the state, provided that
the county has elected to participate in the program that provides this service.
(e)
] These rules are intended to
be consistent with the State of Texas Travel Allowance Guide published by
the comptroller of public accounts.
depreciation
]--The total amount of vehicle depreciation recorded in the Vehicle
Information Program.
fuel
]--Compressed
natural gas, liquefied natural gas, liquefied petroleum gas, electricity,
methanol (or M85), or ethanol (or E85).
fuel vehicle
]--A motor vehicle capable of using alternative fuel in the original
equipment manufactured engine, or in a converted traditional gasoline or diesel
engine.
vehicle
]--A state
vehicle normally driven by the same employee or small specific group of employees.
value
]--The capitalized
value less the accumulated depreciation.
value
]--The original
cost of a vehicle, plus later adjustments for major additions or improvements.
pair
]--A one-way airline
flight between two cities, from origin to destination, regardless of stopovers
or connections.
General Services
] Commission.
travel charge
card
]--A method of payment for travel services.
rate
]--A uniform
mathematical factor which reflects a vehicle's loss of market value due to
wear, deterioration, or obsolescence.
labor
]--The cost of
labor associated with repairing or servicing vehicles, whether performed by
a contractor or state employee.
date
]--The date on
which a state vehicle is no longer included in a state agency's property inventory.
handbook
]--A
reference manual or guide detailing state agency operational policy and procedure
for state vehicles.
officer
]--The individual
designated by each state agency who is responsible for the timely and accurate
submission of all required information utilized by the vehicle fleet management
system.
vehicle weight
]
(GVW)--The greatest weight of vehicle and load which the manufacturer recommends
that a vehicle accommodate. The GVW includes the total weight of chassis,
cab, body, special equipment, oil, water, gasoline, driver, and the maximum
payload.
(22)
] Indirect
Labor
[
labor
]--The labor cost of vehicle fleet related employees whose time
cannot be identified with repairing or servicing individual vehicles.
(23)
] International Airlines Travel
Agent Network (IATAN)--The organization of participating airlines which provides
a common method of approving authorized agency locations for the sale of international
air transportation.
(24)
] Negotiated
Rate
[
rate
]--A price for a travel service negotiated or awarded by the program.
(25)
] Nonparticipating
State
Agency
[
state agency
]--Any state agency that has not submitted
a properly completed and approved travel service requisition.
(26)
] Nonresident
Bidder
[
bidder
]--A person who is not a resident bidder.
(27)
] Official
State Business
Travel
[
state business travel
]--The travel undertaken by
a state official or employee to conduct official state business or to represent
the state in an official capacity.
(28)
] Official
County Business
Travel
[
county business
]--The travel undertaken by a county
officer or employee, including a county sheriff, deputy sheriff, or juvenile
probation officer, to conduct official county business or to represent the
county in an official capacity.
(29)
] On-Site Location--A full-service
travel agency office located on state property, in accordance with Chapter
2165, Subchapter E of the
Government Code
[
government code
] that processes travel reservations for high-volume state agencies.
(30)
] OVFM--Office of Vehicle Fleet
Management.
(31)
] Participating County--A county
that has submitted the documentation required by TBPC to participate in State
travel services contracts
[
that has executed a Commissioner's Court
Resolution and paid the participation fee for the county to use the contract
airline fares
].
(32)
] Participating
State
Agency
[
state agency
]--A state agency that has submitted
the documentation required by TBPC to participate in State travel services
contracts
[
a properly completed and approved travel service requisition
].
(33)
] Passenger Name Record (PNR)--A
record in a computer reservation system that contains all travel arrangements
and information for a particular trip for a specific traveler.
(34)
] Pool
Vehicle
[
vehicle
]--A vehicle normally garaged in a central location for use by
any authorized employee of the state agency.
(35)
] Program--The State Travel
Management Program.
(36)
] Proposal--The response made
by a travel vendor to provide goods or services in accordance with the terms
and conditions of an issued request for proposal.
(37)
] Proposal
Evaluation
Team
[
evaluation team
]--The group of individuals selected
by the program to evaluate proposals made in response to an issued request
for proposal.
(38)
] Rental
Car
[
car
]--A vehicle not owned by the State of Texas and rented from a rental
car vendor.
(39)
] Request
For Proposal
[
for proposal
]--An official solicitation to receive proposals
from competitive sources in accordance with specific terms and conditions
contained in the solicitation documents.
(40)
] Resident
Bidder
[
bidder
]--A person whose principal place of business is in this state,
including a contractor whose ultimate parent company or majority owner has
its principal place of business in this state.
(41)
] Revenue Sharing--A percentage
of revenue received by the state from contract travel vendors.
(42)
] Salvage
Value
[
value
]--The amount expected to be realized from the disposal of a vehicle
at the conclusion of its useful life.
(43)
] Satellite Ticket Printer
(STP) Location--A location at which travel documents are printed by means
of a ticket printing device.
(44)
] Special
Purpose Vehicle
[
purpose vehicle
] (SPV)--A motor vehicle commercially designed
to be used primarily for purposes other than to provide transportation service
for personnel, supplies, or equipment.
(45)
] Standard
Labor Rate
[
labor rate
] (SLR)--A rate computed to approximate the total
hourly cost of salaries and related fringe benefits.
(46)
] State Agency--
Civil
] Judicial
Council;
a university system or
] an institution of higher
education as defined in the Texas Education Code, §61.003[
, other
than a public junior college
].
(47)
] State
Employee
[
employee
]--A person employed by a state agency, or an elected or appointed
state official.
(48)
] State
Vehicle
[
vehicle
]--Any state-owned vehicle which is propelled by a self-contained
engine and is licensed to operate on public highways.
(49)
] Texas State Travel Directory--The
directory distributed by the program which lists travel guidelines, contract
travel vendors and negotiated rates. All or part of the Texas State Travel
Directory and updates are accessible on
TBPC's
[
the commission's
] web site [
at www.gsc.state.tx.us
].
(50)
] Transfer
Date
[
date
]--The date a vehicle is transferred from one state agency to another.
(51)
] Transition--A designated
period of time that a terminated contract travel vendor agency or travel agent
provides travel services until a successor is selected and performing services
as required by
TBPC's
[
the commission's
] contract.
(52)
] Travel
Agency
[
agency
]--Any individual, corporation, association, partnership, company,
or firm designated as an appointed airline industry agent by the Airlines
Reporting Corporation or the International Airlines Travel Agent Network,
an airline, or a company, corporation, association, partnership, or firm owned
by an airline or group of airlines which provides travel reservations and
ticketing services.
(53)
] Travel
Agency Services
Contract
[
agency services contract
]--Terms and conditions
established by
TBPC's
[
the commission's
] State Travel
Management Program to ensure travel agencies meet minimum requirements to
provide travel services for the State of Texas.
(54)
] Travel
Service Requisition
[
service requisition
]--The form
and/or process
developed
by the program for state agencies
, municipalities, counties, public junior
colleges, and school districts
to request services provided by the State
Travel Management Program.
(55)
] Travel
Status
[
status
]--When a state employee conducts official state business for
which travel expenses may be eligible for reimbursement in accordance with
the Comptroller of Public Accounts State of Texas Travel Allowance Guide.
(56)
] Travel
Vendor
[
vendor
]--A provider of any travel or transportation service.
(57)
] Traveler--A person who is
eligible to use the program's contract services and negotiated rates.
(58)
] Vehicle
Fleet Management
System
[
fleet management system
]--A computerized data retrieval
system to assist each state agency in the management of its vehicle fleet.
(59)
] Vehicle
Inventory
[
inventory
]--A list of state agency vehicles by type and class which
is utilized to determine their average cost of operation.
The State
] Travel [
Management Program
] services
may
include:
the commission's
] State Travel
Management Program;
(c)
] of this section, airlines,
lodging, [
and
] rental car reservation
,
and ticketing
services are obtained from travel agencies. Travel agency employees or authorized
state agency employees may process reservation and ticketing requests.
(b)
Travel agency services are provided under
contracts between travel agencies and the commission. The commission shall
contract with multiple travel agencies that meet certain minimum requirements
established by the commission's program.
]
all state agencies and institutions of higher education.
]
the commission
].
one or more
] contract travel
agency or
agencies at any time during the
term of the contract.
(c)
] In accordance with Texas Government
Code, Title 10, Chapter 2171.052,
TBPC's
[
the commission's
] program may negotiate directly with vendors to obtain travel and transportation
services.
state
] business travel use. Accounts may be established for individual
state employees, the participating state agency, or both.
the commission
] and the selected
charge card vendor.
.
]
state
] business
travel charges are billed directly to the individual employee who is reimbursed
through
:
.
]
state
] business
travel charges, allowable by law, are billed to the state agency
, municipality,
county, public junior college, or school district
.
The
] state agency
pays the charge card vendor through established voucher payment procedures.
state
] business
travel use. Payment of charges on individual corporate travel charge cards
is the sole responsibility of the individual. The state shall not be responsible
for the charges, regardless of the type of charge, nor shall the state be
liable for nonpayment by the employee.
state
] business travel are contracted between
TBPC
[
the commission
] and travel vendors.
.
]
listed in the Texas
State Travel Directory and
] made accessible
on TBPC's
[
at the commission's
] web site [
at www.gsc.state.tx.us
].
the commission
] and the travel vendor.
the commission's
] travel services contracts may not establish a separate[
, similar
] contract
for travel or travel related services
without
TBPC
[
commission
] approval. A state agency shall submit any
proposed travel services contract document to the program for review and approval
before the contract is signed. Contracts determined to be unfavorable to the
state, or to have a negative
effect
[
affect
] on the
Program's contracts
,
will not be approved.
State Travel Management
]
program
[
Program
] services being provided to a state agency, the division director of
the
program
[
Support Services Division
] shall certify
to the executive director of
TBPC
[
the commission
] that
the program is capable of providing such services. The executive director
of
TBPC
[
the commission
] shall approve the use of services
provided by the program to requesting state agencies after receipt of the
required certification.
(a)
]
TBPC
[
the commission
]
contracts for all travel services through competitive bidding,
or
competitive
sealed proposals, or negotiation
in accordance with TBPC's polices and
procedures
.
the commission's
] travel services contracts, shall:
the commission's
] program
at least
30
[
60
] days advance written notice if the
state agency terminates its participation in the program.
then the commission
] will:
Preview
] and approve participation
in the program
by the requesting state agency [
in the Program
]
upon a determination that the program is capable of providing those services
requested; and
If
] the program cannot provide
those services requested, then the
Program
[
director of Support
Services Division
] shall not approve the travel service requisition
and shall [
so
] notify the requesting state agency in writing as
to the reasons for this determination.
The commission's
] travel
services contracts must be used unless at least one exception listed in paragraphs
(1) - (4) of this subsection exists. Travel Agent contracts are not affected
by the conditions listed in paragraphs (2) - (5) of this subsection.
Accommodations
] may
lack a reasonable amount of security or safety, and/or may present a health
risk based on the state traveler's individual needs;
Accommodations
] fail
to provide an adequate amount of services required for a person with disabilities;
or
Accommodations
] have
limited availability of medical emergency facilities or equipment that may
be required by a state traveler or person under the state's custody.
the commission's
] travel services contracts may not purchase or reimburse
a person for the purchase of commercial airline or rental car transportation
in an amount exceeding the contract rate established by
TBPC
[
the commission
] unless an exception identified in subsection (d) of
this section exists. The exception must be indicated on or with the voucher
or other payment document as specified by the comptroller of public accounts.
the commission
] to state agencies and the comptroller of public accounts
when contracts are established by the program.
Except
] as provided in subparagraph
(B) of this paragraph, the comptroller of public accounts may not refuse to
process a voucher or other payment document solely because it involves the
non-use of a travel services contract negotiated by the Program. The comptroller
of public accounts will report instances of non-compliance to
TBPC
[
the commission
].
The
] comptroller of public accounts
will not process a voucher or other payment document that requests payment
or reimbursement of commercial airline or rental car transportation that exceeds
the amount of the contract rate unless a valid exception is noted. The comptroller
of public accounts will report instances of non-compliance to
TBPC
[
the commission
].
Except
] as provided in subparagraph
(B) of this paragraph, the comptroller of public accounts may not require
a state agency to obtain a refund of a payment or reimbursement made under
a voucher or other payment document that shows the non-use of a contract travel
service. The comptroller of public accounts shall report instances of non-compliance
to
TBPC
[
the commission
].
The
] comptroller of public accounts
may take the actions authorized by Government Code, §403.071(h), concerning
a voucher or other payment document that shows a payment or reimbursement
of commercial airline or rental car transportation that exceeds the program's
contract rate. The comptroller of public accounts shall report instances of
non-compliance to
TBPC
[
the commission
].
The commission
] will approve an exemption if it determines
that such an exemption would provide an economic or service benefit to the
state, taking into account any
effect
[
affect
] on
TBPC's
[
the commission's
] contracts and ability to obtain
favorable contracts in the future. An exemption expires when the related contract
is terminated or replaced.
Contract Airline Fares and/or ] Travel [ Agency ] Services.
Commissioner's Court Resolution
] that indicates compliance with all applicable travel program guidelines.
[
The Commissioner's Court Resolution shall include, but is not limited
to the following provisions:
]
(c)
]
TBPC may
[
The commission will
] charge [
Texas counties
] a
participating
county, municipality, school district or public junior college a fee not to
exceed the costs incurred by TBPC in providing the services in subsection
(a) of this section. TBPC shall annually review and adjust these fees to ensure
recovery of costs incurred in providing these services
[
participation
fee to recover the commission's cost incurred in administering this program
].
(d)
] Texas counties
, municipalities,
public junior colleges and school districts
participating in this program
must comply with all rules and procedures as outlined in
TBPC's
[
the commission's airline and/or
] travel
services
[
agency
] contracts.
Subchapter B. STATE VEHICLE FLEET MANAGEMENT
The commission
] administers the state vehicle fleet management
program which consists of the State Vehicle Fleet Management Plan[
, vehicle
fleet maintenance services
] and a computerized Vehicle Fleet Management
System [
through the OVFM
].
The commission
] will implement
and monitor, at the direction of the Council on Competitive Government (CCG),
the State Vehicle Fleet Management Plan, approved and adopted by CCG. A current
Plan is available for viewing at the
Building and Procurement
[
General Services
] Commission's Website:
www.tcbp.state.tx.us
[
www.gsc.state.tx.us
]. The Plan delineates the responsibilities of each
state agency, institution of higher education and OVFM to develop, implement,
maintain, and monitor current vehicle fleet data as required by the Plan.
The commission
offers
] vehicle fleet maintenance services to all state agencies in
Travis County on a full cost recovery basis. The services include
preventive
[
preventative
] maintenance and routine mechanical repair
work.
TBPC may
[
The commission shall
] negotiate contracts
or service
arrangements
[
arrangement
] for
major
overhauls and
extensive mechanical work [
such as major engine overhauls,
transmission repair, and similar requirements
].
The commission will
] sponsor
an annual fleet management conference to consider:
the commission's
] vehicle fleet pool, with the exception of vehicles assigned to field
employees, is assigned to the agency motor pool and is available for checkout
as needed. Some vehicles, because of mission critical status, may be permanently
assigned to sub-pools within divisions and available only to employees within
those divisions.
the OVFM
] to ensure that all commission vehicles
are used and rotated to balance mileage and time usage among all pooled vehicles.
the commission's
] needs and mission of the agency. Documentation for all assigned
TBPC
[
commission
] vehicles will be kept on file
with
designated TBPC personnel
[
in the OVFM
].
commission's fleet
manager
].
TBPC
[
The commission
] maintains the
main repository and database for all vehicle information submitted by each
agency in accordance with this subsection.
TBPC
[
The commission
] is responsible for developing the form, format, and composition of
all data submitted electronically or otherwise to the vehicle fleet management
system to assure system continuity.
the
commission twice each fiscal year
] accurate vehicle information in the
form and format established by
TBPC
[
the commission
].
the commission's
] repository
and database includes, but is not limited to:
current book
value,
] repair and maintenance expenses, direct and indirect labor expense,
[
accumulated depreciation and its present rate,
] replacement policy,
current mileage, vehicle disposal date, and disposal price or salvage value;
,
] type, [
size of vehicle engine,
] vehicle lifetime odometer reading, and miles traveled per month;
(F)
] downtime, transfer date, disposal
date and any other information necessary to compute the average cost of operation,
per month, of the various classes and types of vehicles; and
(G)
] vehicle location by city and
county.
(c)
] The Vehicle Fleet Management
System maintained by
TBPC
[
the commission
] constitutes
the primary instrument used to provide fleet management assistance. [
Following the March 30 and September 30 fiscal year detailed submissions,
information submitted from each agency's files will be compiled into the main
repository and database.
] Fleet management reports detailing operating
trends, cost analysis, and special exception reports listing agencies with
unusually high operating expenses will be generated and made available to
agency fleet officers.
Part 15.
TEXAS HEALTH AND HUMAN SERVICES COMMISSION