34 TAC §223.1
The Texas Public Finance Authority (Authority) proposes new §223.1
concerning Historically Utilized Businesses. The new section adopts, through
incorporation by reference, the rules of the Texas Building and Procurement
Commission (TBPC) for historically underutilized businesses, 1 Texas Administrative
Code §§111.11 - 111.28, in accordance with the requirements of Texas
Government Code §2166.003.
The rules of the TBPC that are adopted by reference provide requirements
for state agencies to make a good faith effort to include participation of
historically underutilized businesses in an agency's contracts. They provide
definitions, policies and procedures applicable to the HUB program, including
annual procurement utilization goals, subcontracting requirements, agency
planning and reporting requirements, HUB certification, protest procedures,
HUB business directory requirements, HUB coordinator responsibilities, HUB
forums, and a mentor-protege program.
Kim Edwards, Executive Director, has determined that for each year of the
first five years the proposed section will be in effect, there will be no
fiscal impact to state and local governments as a result of the enforcement
or administration of the rules. There will be no measurable effect on local
employment or the local economy as a result of the proposed rules.
Ms. Edwards has determined that for each year of the first five years the
section is in effect the public benefit anticipated as a result of the proposed
section will be uniform standards, consistent with statute, for the procurement
of goods and services from HUB vendors. There is no anticipated economic cost
to persons who are required to comply with the rules. There is no anticipated
difference in cost of compliance between micro, small, and large businesses
and no anticipated economic cost for these entities. State agencies are required
to comply with TBPC HUB rules.
Comments may be submitted to Judith Porras, General Counsel, Texas Public
Finance Authority, 300 W. 15th St., Room 411, Austin, TX 78701, judith.porras@tpfa.state.tx.us.
The new section is proposed under the authority of §2161.003
of the Government Code that requires agencies to adopt TBPC's HUB rules.
The following code provision is affected by this proposal: Government Code, §2161.003,
Agency Rules.
§223.1.Historically Underutilized Businesses.
The Authority adopts by reference the rules promulgated by the Texas
Building and Procurement Commission (TBPC) concerning Historically Underutilized
Businesses, which are found in 1 Texas Administrative Code §§111.11
- 111.28, as amended. A copy of the TBPC rules may be obtained by written
request to the Authority to the attention of the Executive Director at Texas
Public Finance Authority, 300 W. 15th Street, Austin, Texas 78701, or by accessing
the rules at: http://info.sos.state.tx.us/pls/pub/readtac$ext.ViewTAC?tac_view=5&ti=1&pt=5&ch=111&sch=
B&rl=Y.
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 June 13, 2006.
TRD-200603240
Kimberly Edwards
Executive Director
Texas Public Finance Authority
Earliest possible date of adoption: July 30, 2006
For further information, please call: (512) 463-3143