1 TAC §113.135
The Texas Building and Procurement Commission (TBPC) adopts
new Subchapter H, §113.135 (relating to State Agency Procurements of
Recycled, Remanufactured or Environmentally Sensitive Commodities or Services).
This new rule is adopted with changes to the proposed text as published in
the March 10, 2006, issue of the
Texas Register
(31
TexReg 1541).
The new §113.135 reorganizes existing §113.136 and §113.137
into one section. Section 113.135 also incorporates legislative changes pursuant
to House Bill 2466, 79th Legislature. Sections 113.136 and 113.137 are being
proposed for repeal simultaneously and published elsewhere in this edition
of the
Texas Register
.
No comments were received on these rules.
Minor, non-substantive and grammatical amendments have been made for clarification
purposes. Subsection (b)(3) has been amended by adding the words "recycled
content." Subsection (d) has been amended to follow the language of the statute.
The TXMAS acronym has been defined in subsection (e).
The new rule is adopted under the authority of the Tex. Gov't
Code Ann. §2155.445 and §2155.448 authorizing the Texas Building
and Procurement Commission to adopt rules relating to the recycling market
development implementation.
§113.135.State Agency Procurements of Recycled, Remanufactured or Environmentally Sensitive Commodities or Services.
(a)
The Texas Building and Procurement Commission (TBPC) may
designate as "First Choice" certain recycled, remanufactured or environmentally
sensitive commodities or services.
(b)
First Choice items are designated recycled, remanufactured,
and environmentally sensitive commodities or services that state agencies
shall give a preference for when purchasing. These items include, but are
not limited to:
(1)
re-refined oils and lubricants;
(2)
recycled content toilet paper;
(3)
recycled content toilet seat covers and paper towels;
(4)
recycled content printing, computer and copier paper, and
business envelopes;
(5)
recycled content plastic trash bags;
(6)
recycled content plastic covered binders;
(7)
recycled content recycling containers; and
(8)
Energy Star labeled photocopiers.
(c)
Commodities or services that are designated as First Choice
items will be reflected in the State Procurement Manual. The State Procurement
Manual will be revised as new commodities or services are designated as First
Choice items.
(d)
A state agency that intends to purchase a commodity or
service that accomplishes the same purpose as a commodity or service identified
in Texas Government Code 2155.448(a) that does not meet the definition of
a recycled product or that is not remanufactured or environmentally sensitive
shall include with the procurement file a written justification signed by
the executive head of the agency stating the reasons for the determination
that the commodity or service identified by the TBPC will not meet the requirements
of the agency.
(e)
Reports. In accordance with Texas Government Code §2155.448(c),
not later than January 1 of each year, each state agency, excluding institutions
of higher education, must deliver a report of total expenditures for purchases
of goods and services that have recycled material content that are remanufactured
or environmentally sensitive. These reports shall be made to the TBPC at https://portal.tbpc.state.tx.us/.
Texas multiple-award schedule (TXMAS) recycled, remanufactured or environmentally
sensitive contract purchases may be added to this report.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on April 24, 2006.
TRD-200602268
Ingrid K. Hansen
General Counsel
Texas Building and Procurement Commission
Effective date: May 14, 2006
Proposal publication date: March 10, 2006
For further information, please call: (512) 463-7829
Subchapter H. RECYCLING MARKET DEVELOPMENT BOARD (RMDB)
1 TAC §113.136, §113.137
The Texas Building and Procurement Commission (TBPC) adopts
the repeal of Subchapter H, §113.136 and §113.137 (relating to Recycling
Market Development Board). The repeal is adopted without changes to the proposal
as published in the March 10, 2006, issue of the
Texas Register
(31 TexReg 1541).
This repeal is adopted because a new Subchapter H, §113.135 was simultaneously
proposed in the March 10, 2006, issue of the
Texas
Register
and is being adopted elsewhere in this issue. New §113.135
reorganizes existing §113.136 and §113.137 into one section and
incorporates legislative changes pursuant to House Bill 2466, 79th Legislature.
These rules are being repealed simultaneously when the new rule goes into
effect.
No comments were received regarding the proposed repeals.
The repeals are adopted under Tex. Gov't Code Ann. §2152.003
and §2155.448, which authorizes the Texas Building and Procurement Commission
to adopt identifying recycled, remanufactured or environmentally sensitive
commodities or services and designating purchasing goals for such commodities
and services.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on April 24, 2006.
TRD-200602267
Ingrid K. Hansen
General Counsel
Texas Building and Procurement Commission
Effective date: May 14, 2006
Proposal publication date: March 10, 2006
For further information, please call: (512) 463-7829