Part 1.
COMPTROLLER OF PUBLIC ACCOUNTS
Chapter 5.
FUNDS MANAGEMENT (FISCAL AFFAIRS)
Subchapter E. CLAIMS PROCESSING--PURCHASE VOUCHERS
34 TAC §5.54
The Comptroller of Public Accounts proposes amendments to §5.54,
concerning consulting services contracts.
The primary purpose of the amendments is to conform §5.54 to the changes
made to the consulting services statutes during recent legislative sessions.
During the 75th Legislature, 1997, Senate Bill 645 raised the threshold
for determining whether a consulting services contract is a "major consulting
services contract."
During the 76th Legislature, 1999, Senate Bill 176 amended the consulting
services statutes to require a state agency to notify the Legislative Budget
Board in writing after the agency contracts for consulting services if the
amount of the contract, including any amendment, modification, renewal, or
extension, exceeds $14,000. Any failure to comply with this requirement renders
the contract void.
During the 76th Legislature, 1999, House Bill 3211 extended to twenty days
the deadline for a state agency's filing of certain information with the secretary
of state after the agency renews, amends, or extends a major consulting services
contract. The bill also deleted the authorization for a state agency to make
payments under a consulting services contract that violated certain procedural
requirements of the consulting services statutes after the agency cured the
violation.
During the 78th Legislature, 2003, Senate Bill 1652 amended the consulting
services statutes so that an institution of higher education's consulting
services contract is categorized as a "major consulting services contract"
only if the value of the contract exceeds $25,000. The bill also exempted
an institution's major consulting services contract from the requirement to
obtain a finding of fact from the governor's Budget and Planning Office if
the institution includes in its invitation for offers both a finding of necessity
by the institution's chief executive officer and an explanation of that finding.
The second purpose of the amendments is to require a state agency to provide
the comptroller upon request with a reference to the pages in the
Texas Register
that demonstrate the agency's compliance with certain
publication requirements concerning consulting services contracts.
The third purpose of the amendments is to delete provisions that merely
repeat the consulting services statutes.
The fourth purpose of the amendments is to change the supporting documentation
requirements that apply when a payment is made under a consulting services
contract.
The final purpose of the amendments is to make several non-substantive
or technical improvements to §5.54.
John Heleman, Chief Revenue Estimator, has determined that for the first
five-year period the amendments will be in effect, there will be no foreseeable
implications relating to costs or revenues of the state or local governments.
Mr. Heleman also has determined that for each year of the first five years
the amendments are in effect, the public benefit anticipated as a result of
adopting the amendments will be helping administer the statute that governs
state agency purchases of consulting services. The amendments would not have
an adverse effect on small businesses or micro-businesses. There is no significant
economic cost to individuals who are required to comply with the amendments.
Comments on the proposal may be addressed to Joani Bishop, Manager of Claims
Division, P.O. Box 13528, Austin, Texas 78711. If a person wants to ensure
that the comptroller considers and responds to a comment made about this proposal,
then the person must ensure that the comptroller receives the comment not
later than the 30th day after the issue date of the
Texas Register
in which this proposal appears. If the 30th day is a
state or national holiday, Saturday, or Sunday, then the first workday after
the 30th day is the deadline.
The amendments are proposed under Government Code, §2254.039(a),
which requires the comptroller to adopt rules to implement and administer
Government Code, Chapter 2254, Subchapter B.
The amendments implement Government Code, Chapter 2254, Subchapter B.
§5.54.Consulting Services Contracts.
(a)
Definitions.
In
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(1)
"Consultant" has the meaning
assigned by Government Code, §2254.021(3).
(2)
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(3)
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(4)
"Institution of higher education" has the meaning
assigned by Education Code, §61.003 except the term does not include
a public junior college or a community college.
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(5)
"Major consulting services contract" has the meaning
assigned by Government Code, §2254.021(2).
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(6)
"State agency" has the meaning assigned by Government
Code, §2151.002(2).
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(7)
"USAS" means the uniform statewide accounting system.
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(b)
Applicability of this section. This section applies to
a consulting service
only to the extent Government Code, Chapter 2254,
Subchapter B, applies to
that
service.
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(c)
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(1)
If a state agency contracts for
a
consulting
service
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(2)
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(A)
draw a warrant or transmit funds to satisfy an obligation
under the contract, renewal, amendment, or extension; or
(B)
reimburse a state agency for a payment made under the contract,
renewal, amendment, or extension.
(3)
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(d)
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(1)
A state agency must comply with this paragraph when the
agency intends to renew
, amend, or extend
a major consulting services
contract.
(A)
If the renewal contract itself is not a major consulting
services contract
or if the contract after the amendment or extension
is no longer a major consulting service contract
, then the agency shall
file the information required by
Government Code, §2254.030
[
(B)
If the renewal contract itself is a major consulting services
contract or if the contract after the amendment or extension is still a major
consulting services contract
, then the agency shall comply with the
requirements of
Government Code, §2254.028(a) and §2254.029
[
(2)
A state agency that intends to renew
, amend, or extend
a consulting services contract that is not a major consulting services
contract shall comply with the requirements of
Government Code, §2254.028(a)
and §2254.029
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(e)
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(f)
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(1)
In addition to the requirements of paragraph (2) of
this subsection, the purchase document submitted to the comptroller that requests
payment under a contract subject to that paragraph must be supported by the
following documentation
[
(A)
a copy of the original contract and, if the contract
has been renewed, amended, or extended, a copy of the renewal, amendment,
or extension
[
(B)
a copy of any written notice provided to the Legislative
Budget Board under Government Code, §2254.0301 if the amount of the contract,
including any renewal, amendment, or extension, exceeds $14,000; and
[
(C)
a statement that the payment complies with Government
Code, §§2155.004(a) - (b), 2254.026, 2254.027, and 2254.033.
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(2)
This paragraph applies when a purchase document is submitted
to the comptroller that requests a payment under
either
a major
consulting services contract
(or a renewal, amendment, or extension of
a major consulting services contract) or a contract that was not originally
a major consulting services contract but whose value after renewal, amendment,
or extension totals more than $15,000 if the payer is not an institution of
higher education or $25,000 if the payer is an institution of higher education.
In addition to the requirements of paragraph (1) of this subsection, the
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(3)
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(4)
A state agency shall retain
the supporting documentation required by this paragraph and provide that documentation
to the comptroller as required by §5.51 of this title (relating to Requirements
for Purchase Documents).
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of
the Secretary of State on March 20, 2006.
TRD-200601703
Martin Cherry
Chief Deputy General Counsel
Comptroller of Public Accounts
Earliest possible date of adoption: April 30, 2006
For further information, please call: (512) 475-0387
Chapter 41.
HEALTH CARE AND INSURANCE PROGRAMS
Subchapter C. TEXAS SCHOOL EMPLOYEES GROUP HEALTH (TRS-ACTIVECARE)
34 TAC §§41.42 - 41.44, 41.53
(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 Teacher Retirement System of Texas or in the Texas Register office,
Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
The Board of Trustees (Board) of the Teacher Retirement
System of Texas (TRS) proposes the repeal of the following rules concerning
certain TRS pass-through funding programs that have been transferred or are
unfunded: 34 TAC §41.42, relating to the payment of supplemental compensation;
34 TAC §41.43, relating to the payment of state assistance for meeting
minimum effort; 34 TAC §41.44, relating to the payment of additional
support for certain school districts paying Social Security taxes; and 34
TAC §41.53, relating to the waiting period for supplemental compensation.
Recent legislation (Senate Bill 1691 and Senate Bill 1863, 79th Texas Legislature,
Regular Session) transfers the functions and duties relating to the compensation
supplementation program from TRS to the Texas Education Agency (TEA), effective
September 1, 2005. As of this date, TRS has completed all functions relating
to the compensation supplementation program, including the final payment of
fiscal year 2005 supplemental compensation. Accordingly, the Board proposes
to repeal related TRS rules §41.42, concerning the payment of supplemental
compensation, and §41.53, concerning the waiting period for supplemental
compensation.
The payment of state assistance for meeting minimum effort was established
during the 77th Texas Legislature, Regular Session, by Texas Insurance Code
Article 3.50-9, now recodified as Chapter 1581 of the Texas Insurance Code.
Funding for this assistance was provided through fiscal year 2004; no funding
has since been provided by the Texas Legislature. Future funding for this
assistance does not seem likely to occur. Accordingly, the Board proposes
to repeal related TRS rule §41.43, concerning the payment of state assistance
for meeting minimum effort.
The payment of additional support for certain school districts paying Social
Security taxes was also established during the 77th Texas Legislature, Regular
Session, by Texas Insurance Code Article 3.50-9, recodified as Chapter 1581
of the Texas Insurance Code. Funding for this support was provided through
fiscal year 2003; no funding has since been provided by the Texas Legislature.
Future funding for this support does not appear likely to occur. Accordingly,
the Board proposes to repeal related TRS rule §41.44, concerning the
payment of additional support for certain school districts paying Social Security
taxes.
Tony C. Galaviz, TRS Chief Financial Officer, estimates that for each year
of the first five years the proposed repeals will be in effect, there will
be no foreseeable implications relating to cost or revenues of state or local
governments as a result of enforcing or administering the repeals.
Mr. Galaviz has also determined that, for each of the first five years
the repeals as proposed will be in effect, the anticipated public benefit
will be the avoidance of confusion concerning TRS pass-through funding programs
that have been transferred or are unfunded. There will be no measurable economic
cost to persons required to comply with the proposed repeals. Because there
will be no measurable effect on a local economy or local employment because
of the proposed repeals, no local employment impact statement is required
under §2001.022, Government Code. Moreover, there will be no adverse
economic effect on small businesses or micro-businesses as a result of enforcing
the repealed sections as proposed.
Comments on the proposed repeals may be submitted in writing to Ronnie
Jung, Executive Director, 1000 Red River, Austin, Texas 78701. The deadline
for comments is 30 days after publication in the
Texas Register
.
Statutory Authority: The repeals are proposed under §825.102,
Government Code, which authorizes the Board to adopt rules for the administration
of TRS funds and for the transaction of Board business; in addition, the repeal
of TRS §41.44 is proposed under §1581.703, Insurance Code, which
authorizes TRS to adopt rules as necessary to implement Chapter 1581, Subchapter
O, Insurance Code, relating to additional support for certain school districts
paying Social Security taxes.
Cross-Reference to Statute: For the proposed repeals of §41.42 and §41.53--Act
of May 27, 2005, 79th Legislature, Regular Session, Senate Bill 1691, §56,
Chapter 1359, and Act of May 29, 2005, 79th Legislature, Regular Session,
Senate Bill 1863, §18.07, Chapter 899, which transfer the functions and
duties of TRS with respect to the compensation supplementation program established
under Chapter 1580, Insurance Code, and other applicable law, and any appropriation
relating to that program are transferred to TEA and providing that a reference
in law to TRS with respect to the compensation supplementation program means
TEA; for the proposed repeal of §41.43--Chapter 1581, Subchapter C, Insurance
Code, relating to state assistance for meeting minimum effort; and for the
proposed repeal of §41.44--Chapter 1581, Subchapter O, Insurance Code,
relating to additional support for certain school districts paying Social
Security taxes.
§41.42.Payment of Supplemental Compensation.
§41.43.Payment of State Assistance for Meeting Minimum Effort.
§41.44.Payment of Additional Support for Certain School Districts Paying Social Security Taxes.
§41.53.Waiting Period for Supplemental Compensation.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of
the Secretary of State on March 15, 2006.
TRD-200601670
Ronnie G. Jung
Executive Director
Teacher Retirement System of Texas
Earliest possible date of adoption: April 30, 2006
For further information, please call: (512) 542-6438
Chapter 308.
BENEFITS FROM THE TEXAS EMERGENCY SERVICES RETIREMENT SYSTEM
34 TAC §§308.1 - 308.3
The State Board of Trustees of the Texas Emergency Services
Retirement System proposes to amend 34 Texas Administrative Code Chapter 308, §§308.1
- 308.3, governing benefits from the Texas Emergency Services Retirement System
(System). The rule amendment is effective January 1, 2007.
The proposed amendment would reduce benefits for volunteer fire fighters
and EMS personnel in departments that participate in the System. The proposed
amendment to §308.1 would reduce benefits by eliminating partial vesting
for active members with less than 10 years of qualified service. The proposed
amendment to §308.2 reduces the benefit formula compound interest rate
from 7% to 6.2% for all years of qualified service over 15 years. The amendment
to §308.2 also provides a procedure for initiating and terminating benefits.
The amendment to §308.3 clarifies the amount of disability payments.
If adopted, the amendment would "grandfather" active member's vested accrued
benefits for retirement, termination, or death as of December 31, 2006. The
System would calculate the amount of every vested member's vested accrued
benefit as of December 31, 2006 and keep a record of this amount as each person's
minimum benefit. Upon termination, death, or retirement, the System would
pay the larger of the benefits under the new reduced benefit formula and the
minimum benefit. Vested terminated members at the effective date of the changes
would not be affected by the rule amendment.
The actuarial effect of the amended rule was determined by the actuarial
firm of Rudd and Wisdom, Inc. As of August 31, 2004, Rudd and Wisdom, Inc.
reported that the Fund is not adequately financed on an actuarially sound
basis and that the Fund had an annual contribution deficiency of $1.2 million
for the year beginning September 1, 2004. By special actuarial study of February
27, 2006, Rudd and Wisdom, Inc. estimated that the amendment would reduce
the annual required contributions for a 30-year amortization of the System's
unfunded actuarial accrued liability by $282,642. This would result in just
slightly more reduction in the required contributions than necessary to have
an amortization period of exactly 30 years anticipating maximum state contributions
for 30 years.
Kevin Deiters, Program Director, has determined that for the first five
years that the amended rules are in effect that state and local contributions
to the pension system will increase. Although the amendments to Chapter 308
will reduce actuarial liabilities, the Rudd and Wisdom actuarial analysis
is based upon the Board's adoption of amendments to §310.6 increasing
minimum contribution rates to $36 per member per month by September 1, 2011.
Under the proposed amendment to §310.6, total local contributions in
the years 2006 through 2010 will increase by $1.8 million from $8.2 million
to $10.0 million. Total state contributions will increase by $585 thousand
from $2.7 million to $3.3 million. There is no anticipated economic cost to
small businesses or individuals by the adoption of the amendments.
Mr. Deiters has also determined that for each year of the first five year
period the amendments are in effect the public benefit anticipated will be
to protect the vested accrued benefits of current members of the retirement
system while improving the ability of the pension system to pay future pension
benefits. Changes in the retirement formula and vesting period will reduce
future pension benefit payments and improve the long-term actuarial status
of the system. The elimination of partial vesting for service under 10 years
increase the retention of experienced firefighters and EMS personnel in participating
departments.
Comments on the proposal may be submitted in writing to Lisa Ivie Miller,
Commissioner, Office of the Fire Fighter Pension Commissioner, P.O. Box 12577,
Austin, Texas 78711-2577 no later than May 15, 2006. Comments may also be
submitted electronically to
rules@ffpc.state.tx.us
or faxed to (512) 936-3480.
The amendments are proposed under the statutory authority of
Title 8, Government Code, Subtitle H Texas Emergency Services Retirement System.
No other statutes, articles, or codes are affected by the proposed amendments.
§308.1.Eligibility for Retirement Annuity.
(a)
A member is eligible to retire and receive a service retirement
annuity with full benefits from the pension system when the member has at
least 15 years of qualified service credited in the system and has attained
the age of 55.
(b)
Partial vesting to receive a service retirement annuity
accrues at the following rates:
(1)
50
[
[
(2)
[
(c)
Vested retirement benefits, including partially vested
benefits, are nonforfeitable. A retirement benefit also becomes nonforfeitable
when a member attains normal retirement age or, to the extent funded, on the
termination or partial termination of the pension system or the complete discontinuance
of contributions to the pension system.
A person whose retirement benefit
met a partial vesting requirement as it existed on December 31, 2006, is eligible
to retain that eligibility and the base amount of that benefit as it existed
on that date.
§308.2.Service Retirement Annuity.
(a)
In this section, normal retirement age is the later of
the month a member completes 15 years of credited qualified service or attains
the age of 55, and early retirement age is the age of 55.
(b)
A member who has terminated
service with all participating departments may apply for a service retirement
annuity by filing an application for retirement with the commissioner. The
application may not be filed more than one calendar month before the date
the member wishes to retire and must designate a retirement date, which may
not precede the date of filing or the date of first eligibility to retire.
The effective date of a member’s retirement is the first day of the
calendar month after which a member files an application that meets the requirements
of this subsection.
(c)
The local board of trustees
shall hold a hearing on an application for service retirement within 15 days
of the date of notice by the commissioner of the filing of the application.
(d)
A monthly service retirement
annuity is payable for the period beginning on the effective date of retirement
through the month in which the retiree dies but is not payable for any month
for which the retiree was eligible to retire but did not.
(e)
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(f)
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(g)
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(h)
Notwithstanding subsection
(g) of this section, a person who had more than 15 years of qualified service
as of December 31, 2006, is entitled to a service retirement annuity computed
as the greater of the amount that existed on that date or the amount computed
under the formula in effect on the date the person terminates service with
all participating departments.
§308.3.Disability Retirement Annuity.
(a)
Except as otherwise provided by §864.004 and §865.006,
Government Code, and this section, a member whose disability results from
performing emergency service duties is entitled to a monthly annuity during
the period of the disability in an amount equal to $300 plus $50 for every
$12 increase in contributions
made since participation began
[
(b)
An increase in contributions by a governing body after
the payment of a monthly annuity begins does not increase the amount of the
annuity.
(c)
Disability benefits are prorated for portions of months
during which a person is disabled.
(d)
A local board shall report to the commissioner, in a manner
provided by the pension system, a determination of temporary disability not
later than the 45th day after the date the disability begins.
(e)
A person receiving temporary disability benefits who does
not apply to the Social Security Administration for certification as permanently
disabled before the second anniversary of the date of determination of temporary
disability or, if the person does not participate in the social security program,
to a medical board selected by the state board for alternative certification
is subject to termination of disability benefit payments if the person is
not certified by the Social Security Administration or the medical board within
the period provided by §864.004, Government Code.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State on March 20, 2006.
TRD-200601705
Kevin Deiters
Program Director
Office of the Fire Fighters' Pension Commissioner
Proposed date of adoption: May 16, 2006
For further information, please call: (512) 936-3472
The following words and
terms, when used in
] this section
:
[
, shall have the
following meanings, unless the context clearly indicates otherwise.
]
(1)
]
"Consulting service" means
a
[
Consulting service--A
] study conducted for a state agency
or advice provided to a state agency under a contract that does not involve
the traditional relationship of employer and employee. The term does not include
a routine service that is necessary to the functioning of a state agency's
programs.
(2)
]
"Executive director" means
the
[
Executive director--The
] individual who is the chief
administrative officer of a state agency. The term excludes a member of a
governing body.
(3)
Executive head--]
(A)
the elected or appointed state official who
is authorized by law to administer a state agency if the agency is not headed
by a governing body; or]
(B)
the executive director of a state agency if
the agency is headed by a governing body.]
Major consulting
services contract--A consulting services contract for which it is reasonably
foreseeable that the value of the contract will exceed $10,000.
]
Person--Includes
an individual, a corporation, an organization, a government or governmental
subdivision or agency, a business trust, an estate, a trust, a partnership,
an association, and any other legal entity.
]
Private consultant--A person that provides
or proposes to provide a consulting service.
]
State agency--
]
(A)
any department, commission,
board, office, or other agency in the executive branch of state government
created by the constitution or a statute of this state, except the Texas High-Speed
Rail Authority;]
(B)
the Supreme Court of Texas,
the Court of Criminal Appeals of Texas, a court of appeals, or the Texas Judicial
Council; or]
(C)
a university system or an
institution of higher education as defined in the Education Code, §61.003,
other than a public junior college.]
a state agency
purchases with funds:
]
(1)
appropriated by the Texas
legislature;]
(2)
derived from the exercise
of the statutory duties of a state agency, regardless of whether the Texas
legislature has appropriated those funds; or]
(3)
received from the federal
government, unless the application of a federal law or regulation conflicts
with the application of this section.]
(c)
Exemptions.]
(1)
This section does not apply to consulting services
provided by:]
(A)
a practitioner of a professional service as
defined under the Texas Government Code, §2254.002(2), Professional Services
Procurement Act;]
(B)
a private legal counsel;]
(C)
an investment counselor;]
(D)
an actuary;]
(E)
a medical service provider; or]
(F)
a dental service provider.]
(2)
This paragraph applies if the governing board
of a retirement system trust fund determines that consulting services are
necessary for the performance of the board's constitutional fiduciary duties.
Unless paragraph (1) of this subsection makes this section inapplicable to
those services, only the requirements of subsection (i)(1) of this section
apply to the purchase of the services.]
(3)
The comptroller, the governor, and the General
Services Commission may jointly decide to subject the purchase of a particular
consulting service to the procedures required by Texas Civil Statutes, Article
601b, State Purchasing and General Services Act, Article 3, instead of the
procedures required by this section. They may make this decision only if:]
(A)
they conclude that using the procedures required
by the State Purchasing and General Services Act, Article 3, would be more
advantageous to the state; and]
(B)
they each adopt by rule a memorandum of understanding
that states the substance of their decision.]
(d)
] Effect of noncompliance with
this section
or applicable statutes
.
services
] or renews, amends, or extends a consulting
services contract without complying with the requirements of
subsection
(d)
[
subsections (h), (i)(1), and (j)
] of this section
and Government Code, §§2254.029, 2254.030, 2254.0301, and 2254.033
, then the contract, renewal, amendment, or extension is void.
(2)
A major consulting services
contract that a state agency enters into without first obtaining the finding
of fact from the governor's Budget and Planning Office as required by subsection
(g)(3) of this section is void.]
(3)
If a private consultant contracts
with a state agency without complying with the requirements of subsection
(m)(1)-(3) of this section, then the contract is void.]
(4)
]
If
[
When
]
a contract, renewal, amendment, or extension is void under
paragraph
(1) of
this subsection,
then
the comptroller may not:
(5)
]
If
[
When
]
a contract, renewal, amendment, or extension is void under paragraph (1) of
this subsection,
then
a state agency may not make any payments
under the contract, renewal, amendment, or extension from any state or federal
funds held in or outside the state treasury [
until the agency has complied
with subsections (h), (i)(1), and (j) of this section, as applicable
].
(e)
Necessity for consulting services.
A state agency may use a private consultant only if:]
(1)
there is a substantial need for the consulting
services; and]
(2)
the agency cannot adequately perform the consulting
services with its own personnel or through a contract with another state agency.]
(f)
Selection of private consultants.]
(1)
In selecting a private consultant, a state
agency shall:]
(A)
base its choice on demonstrated competence,
knowledge, and qualifications, and on the reasonableness of the proposed fee
for the services; and]
(B)
if other considerations are equal, give preference
to a private consultant whose primary place of business is within the state
or who will manage the consulting engagement wholly from an office in the
state.]
(2)
A state agency may not accept a person's offer
or proposal to provide consulting services to the agency if:]
(A)
the person received compensation from the agency
to participate in the preparation of the specifications or request for proposals
on which the offer is based; and]
(B)
the person would receive compensation from
the agency for providing the services.]
(g)
Notice of intent to employ
a private consultant. Before entering into a major consulting services contract,
a state agency shall:]
(1)
notify the Legislative Budget Board and the
governor's Budget and Planning Office of the agency's intent to contract with
a private consultant;]
(2)
give information to the Legislative Budget
Board and the governor's Budget and Planning Office to demonstrate that the
agency has complied or will comply with subsections (e) and (f)(1) of this
section; and]
(3)
obtain a finding of fact from the governor's
Budget and Planning Office that the consulting services are necessary.]
(h)
Publication before entering
into a major consulting services contract.]
(1)
Not later than the 30th day before the date
it enters into a major consulting services contract, a state agency shall
file a document with the secretary of state for publication in the Texas Register.
The document must:]
(A)
invite private consultants to provide offers
of consulting services to the agency;]
(B)
identify the individual employed by the agency
who should be contacted by a private consultant who intends to provide an
offer;]
(C)
specify the closing date for the receipt of
offers; and]
(D)
describe the procedure by which the state agency
will award the contract.]
(2)
If the consulting services sought by a state
agency relate to services previously provided by a private consultant, the
agency must disclose that fact in the invitation for offers required by paragraph
(1)(A) of this subsection. If the agency intends to award the contract to
the private consultant that previously provided the services unless a better
offer is received, the agency must also disclose this intention in the invitation
for offers.]
(i)
Publication and notification
after entering into a major consulting services contract.]
(1)
Not later than the tenth day after the date
of entering into a major consulting services contract, a state agency shall
file with the secretary of state for publication in the Texas Register:]
(A)
a description of the activities that the private
consultant will conduct;]
(B)
the name and business address of the private
consultant;]
(C)
the total value of the contract;]
(D)
the beginning and ending dates of the contract;
and]
(E)
the dates on which documents, films, recordings,
or reports that the private consultant is required to present to the agency
are due.]
(2)
The General Appropriations Act for the fiscal
biennium ending August 31, 1995, contains the following provision. A state
agency must provide the information listed in paragraph (1)(A) - (E) of this
subsection to the Legislative Budget Board, the House Appropriations Committee,
the Senate Finance Committee, and other appropriate legislative committees.
The agency must provide the information not later than the tenth day after
the date the agency enters into the major consulting services contract.]
(j)
] Renewals,
amendments,
or
extensions[
, or amendments
] of consulting services contracts.
subsection (i)(1) of this section
] with the secretary of state for publication
in the
Texas Register
. The information must
be filed not later than the
20th
[
tenth
] day after
either
the date the renewal contract is entered into
or the date
the original contract is amended or extended
.
subsections (g) and (h) of this section
].
subsections (g) and (h) of this section
]
if the original contract and
either
the renewal contract
,
the amendment, or the extension
have a reasonably foreseeable value
totaling more than
$15,000 if the agency is not an institution of higher
education or $25,000 if the agency is an institution of higher education
[
$10,000
].
(3)
A state agency must comply
with this paragraph when the agency intends to extend or amend a major consulting
services contract.]
(A)
If the contract after the amendment or extension
is no longer a major consulting services contract, then the agency shall file
the information required by subsection (i)(1) of this section with the secretary
of state for publication in the Texas Register. The information must be filed
not later than the tenth day after the date the contract is amended or extended.]
(B)
If the contract after the amendment or extension
is still a major consulting services contract, then the agency shall comply
with the requirements of subsections (g) and (h) of this section.]
(4)
A state agency that intends
to extend or amend a consulting services contract that is not a major consulting
services contract shall comply with the requirements of subsections (g) and
(h) of this section if the original contract and the amendment or extension
have a reasonably foreseeable value totaling more than $10,000.]
(k)
Dividing contracts. A state
agency may not divide a consulting services contract or a renewal, amendment,
or extension of a consulting services contract into more than one contract,
renewal, amendment, or extension to avoid the requirements of this section.]
(l)
Reporting of financial interests.]
(1)
This subsection applies only to an officer
or employee of a state agency who has a financial interest or who is related
within the second degree of consanguinity or affinity to an individual who
has a financial interest in a private consultant that submits an offer to
provide consulting services to the agency. For the purpose of this subsection,
degrees of relationship must be determined in accordance with the Texas Government
Code, Chapter 573.]
(2)
An officer or employee of a state agency shall
report the financial interest to the executive head of the agency not later
than the tenth day after the date on which the private consultant submits
the offer.]
(3)
This subsection applies to all consulting services
contracts and renewals, amendments, and extensions of those contracts.]
(m)
Consulting services provided
by former state employees.]
(1)
Paragraphs (2) and (3) of this subsection apply
only to an individual who has been employed by a state agency at anytime during
the two years preceding the date on which the individual offers to perform
a consulting service for a state agency.]
(2)
An individual shall disclose in an offer to
perform a consulting service for a state agency:]
(A)
the nature of the individual's employment with
the agency or another state agency;]
(B)
the date the employment was terminated; and]
(C)
the annual rate of compensation for the employment
at the time of termination.]
(3)
A state agency that accepts an offer to provide
consulting services from an individual described in paragraph (1) of this
subsection must include, in the information filed under subsection (i)(1)
of this section, a statement about:]
(A)
the individual's employment with a state agency;
and]
(B)
the nature of that employment.]
(4)
Notwithstanding anything else in this section,
a state department or agency may not use funds appropriated by the General
Appropriations Act to make a payment under a consulting services contract
with an individual who was employed by that department or agency at anytime
during the 12 months before the contract was entered into.]
(n)
Archives.]
(1)
After a state agency's contract with a private
consultant has ended, the agency shall, upon request, supply the Legislative
Budget Board and the governor's Budget and Planning Office with a copy of
each document, film, recording, or report developed by the consultant under
the contract.]
(2)
A state agency shall file with the Texas State
Library a copy of each document, film, recording, or report developed by the
private consultant.]
(o)
Actions by state agencies
on recommendations from private consultants. As part of the biennial budgetary
hearing process conducted by the Legislative Budget Board and the governor's
Budget and Planning Office, a state agency shall report to each of them on
any actions taken in response to the recommendations of any private consultant
with whom the agency contracts during the previous biennium.]
(p)
Emergency purchases of consulting
services. A state agency that needs private consulting services before compliance
with this section can be completed because of an unforeseen emergency shall
comply with the governor's rules about emergency waivers of the requirements
of this section.]
(q)
Mixed contracts. This section
applies to a contract that involves both consulting and other services if
the primary objective of the contract is the acquisition of consulting services.]
(r)
Competitive bidding. This
section neither requires nor prohibits the use of competitive bidding procedures
to purchase consulting services.]
(s)
] Procurement of consulting services
by the
Texas Building and Procurement
[
General Services
]
Commission.
(1)
At the request of a state
agency, the General Services Commission is required to procure consulting
services for the agency.]
(2)
]
If
[
When
] the
Texas Building and Procurement
[
General Services
] Commission
procures
a
consulting
service
[
services
]
for a state agency
under Government Code, §2254.040, then
[
:
]
(A)
the commission may require
the agency to reimburse the commission for the costs incurred by the commission
in procuring the services; and]
(B)
]
the commission must comply with
any
[
the
] requirements of this section
and Government Code, Chapter
2254, Subchapter B
that would apply if the agency were procuring the
consulting
service
[
services
] directly.
(t)
] Purchase document requirements.
This paragraph applies when a purchase
document is submitted to the comptroller that requests a payment under a consulting
services contract that is not a major consulting services contract. The document
must contain the following information in the appropriate descriptive/legal
text screen of USAS and be supported by the following documentation
]:
the reasonably foreseeable value of the contract
];
the cumulative total of prior payments made under the contract;
]
a copy of the contract if the copy has not already been provided to the comptroller;
and
]
(D)
a statement that the payment
complies with subsections (e), (f), and (m) of this section.]
. The
] document must [
contain the following information in the
appropriate descriptive/legal text screen of USAS and
]be supported
by the following documentation:
(A)
the reasonably foreseeable
value of the contract;]
(B)
the cumulative total of prior
payments made under the contract;]
(C)
a copy of the contract if
the copy has not already been provided to the comptroller;]
(D)
]
a reference to the
volume
and page
numbers
[
number
] of the
Texas Register
in which the requirements of
Government Code, §2254.029
and §2254.030, and, if applicable, Government Code, §2254.028(c)
and §2254.033(b)
[
subsections (h), (i)(1), and, if applicable,
(m)(3) of this section
] were fulfilled;
and
(E)
] a copy of the governor's finding
of fact that the consulting services are necessary if the
finding is
required by Government Code, §§2254.028, 2254.031(a)(2), or 2254.031(c)(2),
or by any combination of those statutes.
[
copy has not already been
provided to the comptroller; and
]
(F)
a statement that the payment
complies with subsections (e), (f), and (m) of this section.]
(3)
This paragraph applies when
a purchase document is submitted to the comptroller that requests a payment
under a renewed consulting services contract if the original contract was
a major consulting services contract.]
(A)
This subparagraph applies if the renewal contract
itself is not a major consulting services contract. The document must contain
the following information in the appropriate descriptive/legal text screen
of USAS and be supported by the following documentation:]
(i)
the reasonably foreseeable value of the original
contract;]
(ii)
the reasonably foreseeable value of the renewal
contract;]
(iii)
the cumulative total of prior payments made
under the original contract;]
(iv)
the cumulative total of prior payments made
under the renewal contract;]
(v)
a copy of the original contract if the copy
has not already been provided to the comptroller;]
(vi)
a copy of the renewal contract if the copy
has not already been provided to the comptroller;]
(vii)
the volume and page number of the Texas Register
in which the requirements of subsections (h), (i)(1), and, if applicable,
(m)(3) of this section were fulfilled when the original contract was entered
into;]
(viii)
the volume and page number of the Texas
Register in which the requirements of subsection (j)(1)(A) of this section
were fulfilled when the renewal contract was entered into;]
(ix)
a copy of the governor's finding of fact that
the consulting services under the original contract are necessary if the copy
has not already been provided to the comptroller; and]
(x)
a statement that the payment complies subsections
(e), (f), and (m) of this section.]
(B)
This subparagraph applies if the renewal contract
itself is a major consulting services contract. The document must contain
the following information in the appropriate descriptive/legal text screen
of USAS and be supported by the following documentation:]
(i)
the reasonably foreseeable value of the original
contract;]
(ii)
the reasonably foreseeable value of the renewal
contract;]
(iii)
the cumulative total of prior payments made
under the original contract;]
(iv)
the cumulative total of prior payments made
under the renewal contract;]
(v)
a copy of the original contract if the copy
has not already been provided to the comptroller;]
(vi)
a copy of the renewal contract if the copy
has not already been provided to the comptroller;]
(vii)
volume and page number of the Texas Register
in which the requirements of subsections (h), (i)(1), and, if applicable,
(m)(3) of this section were fulfilled when the original contract was entered
into;]
(viii)
the volume and page number of the Texas
Register in which the requirements of subsection (j)(1)(B) of this section
were fulfilled when the renewal contract was entered into;]
(ix)
a copy of the governor's finding of fact that
the consulting services under the original contract are necessary if the copy
has not already been provided to the comptroller;]
(x)
a copy of the governor's finding of fact that
the consulting services under the renewal contract are necessary if the copy
has not already been provided to the comptroller; and]
(xi)
a statement that the payment complies with
subsections (e), (f), and (m) of this section.]
(4)
This paragraph applies when
a purchase document is submitted to the comptroller that requests a payment
under a renewed consulting services contract if the original contract was
not a major consulting services contract.]
(A)
This subparagraph applies if the original contract
and the renewal have a reasonably foreseeable value totaling more than $10,000.
The document must contain the following information in the appropriate descriptive/legal
text screen of USAS and be supported by the following documentation:]
(i)
the reasonably foreseeable value of the original
contract;]
(ii)
the reasonably foreseeable value of the renewal
contract;]
(iii)
the cumulative total of prior payments made
under the original contract;]
(iv)
the cumulative total of prior payments made
under the renewal contract;]
(v)
a copy of the original contract if the copy
has not already been provided to the comptroller;]
(vi)
a copy of the renewal contract if the copy
has not already been provided to the comptroller;]
(vii)
the volume and page number of the Texas Register
in which the requirements of subsection (j)(2) of this section were fulfilled
when the renewal contract was entered into;]
(viii)
a copy of the governor's finding of fact
that the consulting services under the renewal contract are necessary if the
copy has not already been provided to the comptroller; and]
(ix)
a statement that the payment complies with
subsections (e), (f), and (m) of this section.]
(B)
This subparagraph applies if the original contract
and the renewal have a reasonably foreseeable value totaling $10,000 or less.
The document must contain the following information in the appropriate descriptive/legal
text screen of USAS and be supported by the following documentation:]
(i)
the reasonably foreseeable value of the original
contract;]
(ii)
the reasonably foreseeable value of the renewal
contract;]
(iii)
the cumulative total of prior payments made
under the original contract;]
(iv)
the cumulative total of prior payments made
under the renewal contract;]
(v)
a copy of the original contract if the copy
has not already been provided to the comptroller;]
(vi)
a copy of the renewal contract if the copy
has not already been provided to the comptroller;]
(vii)
a statement that the payment complies with
subsections (e), (f), and (m) of this section.]
(5)
This paragraph applies when
a purchase document is submitted to the comptroller that requests a payment
under an extended or an amended consulting services contract if the original
contract was a major consulting services contract.]
(A)
This subparagraph applies if the contract after
the extension or amendment is still a major consulting services contract.
The document must contain the following information in the appropriate descriptive/legal
text screen of USAS and be supported by the following documentation:]
(i)
the reasonably foreseeable value of the original
contract;]
(ii)
the reasonably foreseeable value of the contract
after the extension or amendment;]
(iii)
the cumulative total of prior payments made
under the original contract;]
(iv)
the cumulative total of prior payments made
under the contract after the extension or amendment took effect;]
(v)
a copy of the original contract if the copy
has not already been provided to the comptroller;]
(vi)
a copy of the extension or amendment if the
copy has not already been provided to the comptroller;]
(vii)
the volume and page number of the Texas Register
in which the requirements of subsections (h), (i)(1), and, if applicable,
(m)(3) of this section were fulfilled when the original contract was entered
into;]
(viii)
the volume and page number of the Texas
Register in which the requirements of subsection (j)(3)(B) of this section
were fulfilled when the extension or amendment was entered into;]
(ix)
a copy of the governor's finding of fact that
the consulting services under the original contract are necessary if the copy
has not already been provided to the comptroller; and]
(x)
a copy of the governor's finding of fact that
the consulting services under the contract after the extension or amendment
are necessary if the copy has not already been provided to the comptroller;
and]
(xi)
a statement that the payment complies with
subsections (e), (f), and (m) of this section.]
(B)
This subparagraph applies if the contract after
the extension or amendment is no longer a major consulting services contract.
The document must contain the following information in the appropriate descriptive/legal
text screen of USAS and be supported by the following documentation:]
(i)
the reasonably foreseeable value of the original
contract;]
(ii)
the reasonably foreseeable value of the contract
after the extension or amendment;]
(iii)
the cumulative total of prior payments made
under the original contract;]
(iv)
the cumulative total of prior payments made
under the contract after the extension or amendment took effect;]
(v)
a copy of the original contract if the copy
has not already been provided to the comptroller;]
(vi)
a copy of the extension or amendment if the
copy has not already been provided to the comptroller;]
(vii)
the volume and page number of the Texas Register
in which the requirements of subsections (h), (i)(1), and, if applicable,
(m)(3) of this section were fulfilled when the original contract was entered
into;]
(viii)
the volume and page number of the Texas
Register in which the requirements of subsection (j)(3)(A) of this section
were fulfilled when the extension, or amendment was entered into;]
(ix)
a copy of the governor's finding of fact that
the consulting services under the original contract are necessary if the copy
has not already been provided to the comptroller; and]
(x)
a statement that the payment complies with
subsections (e), (f), and (m) of this section.]
(6)
This paragraph applies when
a purchase document is submitted to the comptroller that requests a payment
under an extended or an amended consulting services contract if the original
contract was not a major consulting services contract.]
(A)
This subparagraph applies if the original contract
and the extension or amendment have a reasonably foreseeable value totaling
more than $10,000. The document must contain the following information in
the appropriate descriptive/legal text screen of USAS and be supported by
the following documentation:]
(i)
the reasonably foreseeable value of the original
contract;]
(ii)
the reasonably foreseeable value of the extension
or amendment;]
(iii)
the cumulative total of prior payments made
under the original contract;]
(iv)
the cumulative total of prior payments made
under the contract after the extension or amendment took effect;]
(v)
a copy of the original contract if the copy
has not already been provided to the comptroller;]
(vi)
a copy of the extension or amendment if the
copy has not already been provided to the comptroller;]
(vii)
the volume and page number of the Texas Register
in which the requirements of subsections (j)(4) and, if applicable, (m)(3)
of this section were fulfilled when the extension or amendment was entered
into;]
(viii)
a copy of the governor's finding of fact
that the consulting services under the extension or amendment are necessary
if the copy has not already been provided to the comptroller; and]
(ix)
a statement that the payment complies with
subsections (e), (f), and (m) of this section.]
(B)
This subparagraph applies if the original contract
and the extension or amendment have a reasonably foreseeable value totaling
$10,000 or less. The document must contain the following information in the
appropriate descriptive/legal text screen of USAS and be supported by the
following documentation:]
(i)
the reasonably foreseeable value of the original
contract;]
(ii)
the reasonably foreseeable value of the extension
or amendment;]
(iii)
the cumulative total of prior payments made
under the original contract;]
(iv)
the cumulative total of prior payments made
under the contract after the extension or amendment took effect;]
(v)
a copy of the original contract if the copy
has not already been provided to the comptroller;]
(vi)
a copy of the extension or amendment if the
copy has not already been provided to the comptroller; and]
(vii)
a statement that the payment complies with
subsections (e), (f), and (m) of this section.]
(7)
]
A
[
When a
]
state agency
that
has received
the governor's
[
an
] emergency waiver of the requirements of
Government Code, Chapter
2254, Subchapter B must include
[
this section from the governor,
the agency must submit
] a copy of the [
emergency
] waiver
in the supporting documentation for the contract for which the waiver was
received
[
with each purchase document submitted to the comptroller
to request a payment under the consulting services contract covered by the
waiver
].
Part 3.
TEACHER RETIREMENT SYSTEM OF TEXAS
Part 11.
OFFICE OF THE FIRE FIGHTERS' PENSION COMMISSIONER
25
] percent after the first
10
[
five
] years of credited qualified service;
and
(2)
five percent a year for the
next five years of credited qualified service; and]
(3)
] 10 percent a year for the next
five years of credited qualified service.
(b)
] A service retirement annuity
is payable in equal monthly installments to a member who terminates service
after attaining early retirement age or normal retirement age, subject to
the vesting requirements of §308.1 of this title.
(c)
] Except as otherwise provided
by this section, the monthly service retirement annuity is equal to six times
the governing body's average monthly contribution during the retiring member's
term of qualified service.
(d)
] For credited qualified service
in excess of 15 years, a retiring member is entitled to receive an additional
6.2
[
seven
] percent of the annuity compounded annually and
adjusted for days or months of credited qualified service that constitute
less than a year.
paid
] by the governing body for which the person was performing emergency
service duties at the time of the disability.
Chapter 310.
ADMINISTRATION OF THE TEXAS EMERGENCY SERVICES RETIREMENT SYSTEM