Part 1. COMPTROLLER OF PUBLIC ACCOUNTS
Chapter 7. PREPAID HIGHER EDUCATION TUITION PROGRAM
Subchapter D. EXECUTIVE DIRECTOR
The Comptroller of Public Accounts proposes an amendment to §7.33, concerning delegated responsibilities. The rule is amending paragraph (5) to reference Government Code, §2254.021(2), as it pertains to the value of a contract.
John Heleman, Chief Revenue Estimator, has determined that for the first five-year period the rule will be in effect, there will be no significant revenue impact on the state or units of local government.
Mr. Heleman also has determined that for each year of the first five years the rule is in effect, the public benefit anticipated as a result of enforcing the rule will be in clarifying the limitations on the Executive Director's authority to negotiate, enter into and execute purchases, contracts, leases, lease-purchases, licenses and agreements for services to the Board. This rule is adopted under Tax Code, Title 2, and does not require a statement of fiscal implications for small businesses. There is no significant anticipated economic cost to individuals who are required to comply with the proposed rule.
Comments on the amendment may be submitted to Linda Fernandez, Texas Tomorrow Fund, 111 E. 17th Street, Austin, Texas 78711-1400.
The amendment is proposed under Education Code, §54.618(b)(2), which gives the board the authority to adopt rules to implement this subchapter.
The amendment implements Education Code, §54.618(b)(7), which gives the board the authority to contract for necessary goods and services and engage the services of private consultants, actuaries, trustees, records administrators, legal counsel, and auditors for administrative or technical assistance.
§7.33.Delegated Responsibilities.
Authority to act in the following areas is delegated to the executive director by the board:
(1) to act as agent for service of process and as official liaison with agencies of the state, other states, the federal government and the public;
(2) to initiate, settle or defend litigation by, on behalf of or against the board in collection matters, contract disputes or other matters involving less than $10,000;
(3) to initiate all rulemaking and adopt internal procedures and guidelines;
(4) to supervise, direct, conduct and administer the day-to-day activities of the program;
(5) to negotiate, enter into and execute purchases,
contracts, leases, lease-purchases, licenses and agreements involving
payments of less than
the amount(s) stated in Government Code, §2254.021(2)
[
$10,000
];
(6) to authorize a refund, change of beneficiary, conversion to another plan and assess fees as specified by the board or consistent with rules and policies adopted by the board; and
(7) to perform such other duties as specified by the board.
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 January 7, 2008.
TRD-200800066
Martin Cherry
General Counsel
Comptroller of Public Accounts
Earliest possible date of adoption: February 17, 2008
For further information, please call: (512) 475-0387