reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 105 - SOLICITATIONS › Subchapter C - TELEPHONE SOLICITATIONS › Section 105.204 - Updates

Current through Reg. 49, No. 28; July 12, 2024
(a) A registered telephone solicitation
				  seller shall file an update addendum at quarterly intervals, computed from the
				  effective date of registration. The addendum must provide all required
				  registration information for all salespersons who are currently soliciting or
				  have solicited on behalf of the seller at any time during the period between
				  the filing of the registration statement or the last addendum and the current
				  addendum.
(b) The update described
				  in subsection (a) of this section may be filed by providing a copy of the
				  Employer's Quarterly Report for employee wages prepared for filing with the
				  Texas Workforce Commission.
(c) In
				  addition to the quarterly updates, if a material change in a registration
				  statement, other than the information delineated in subsection (a) of this
				  section, occurs before the date for renewal, a seller shall submit that
				  information by filing an update addendum.
(d) If an update is not filed before the 60th
				  day after it is required to have been filed, the file will be closed and the
				  registration fee forfeited.
(e) If
				  an update is not completed before the 45th day after it is received incomplete,
				  the file will be closed and the update fee and registration fee
				  forfeited.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 105 - SOLICITATIONS › Subchapter C - TELEPHONE SOLICITATIONS › Section 105.205 - Valid Security Required

Current through Reg. 49, No. 28; July 12, 2024
(a) A registrant
				  must maintain the required security during the time the registrant conducts
				  telephone solicitations as defined by §
										RSA
				  302.107, Texas Business and Commerce
				  Code.
(b) The registration status
				  of the registrant will be placed in suspense if the security instrument filed
				  by the registrant lapses at any time during the registration period. If valid
				  security has not been properly filed by the 45th day after the security becomes
				  ineffective, the file will be closed and the registration fee
				  forfeited.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 105 - SOLICITATIONS › Subchapter C - TELEPHONE SOLICITATIONS › Section 105.206 - Release of Security

Current through Reg. 49, No. 28; July 12, 2024
(a) Upon the
				  cessation of telephone solicitation business activities, a registrant may
				  request in writing the release of the registrant's security.
(b) Except as provided by subsection (c) of
				  this section, the secretary of state shall release a registrant's security no
				  later than the 90th day after the release request is received in the Statutory
				  Documents Section of the Office of the Secretary of State.
(c) A registrant's security may not be
				  released where the secretary of state has received by mail actual notice that
				  an action has been filed to recover against the security, unless:
(1) a court order directs the security to be
				  released to the registrant by the secretary of state;
(2) documents are filed with the Office of
				  the Secretary of State indicating that a settlement has been approved by a
				  court directing that the security be released to the registrant; or
(3) the registrant files in the Office of the
				  Secretary of State a court order indicating that the action against the
				  registrant has been dismissed.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 105 - SOLICITATIONS › Subchapter C - TELEPHONE SOLICITATIONS › Section 105.207 - Bond Payout Procedures

Current through Reg. 49, No. 28; July 12, 2024
If the amount claimed exceeds the amount of the bond, the
					 surety shall deposit the amount of the bond with the secretary of state for
					 distribution to claimants entitled to recovery. The secretary of state shall
					 pay the claims on a pro rata basis by dividing the amount of the security by
					 the total amount of the claims, in order to determine a percentage to be
					 applied to each claim.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 105 - SOLICITATIONS › Subchapter C - TELEPHONE SOLICITATIONS › Section 105.209 - Filing Fees

Current through Reg. 49, No. 28; July 12, 2024
(a) The filing fee for
				  a registration statement is $200. This fee includes one certificate of
				  registration for one location. If the telephone solicitation seller uses one
				  registration statement to register more than one business location, there is a
				  fee of $15 for each additional certificate of registration.
(b) The filing fee for a renewal registration
				  statement is $200. The fee for additional certificates of renewal is as
				  delineated in subsection (a) of this section.
(c) The filing fee for an update addendum
				  pursuant to §
										RSA 105.204 of this title
				  (relating to Updates) is $50.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 106 - REGISTRATION OF DATA BROKERS › Subchapter A - DEFINITIONS › Section 106.1 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
Words and terms defined in Chapter
					 509 of the
					 Business and Commerce Code shall have the same meaning in this chapter. In
					 addition, the following words and terms, when used in this chapter, shall have
					 the following meanings, unless the context clearly indicates otherwise.
(1) Primary physical address--The physical
				  address at which the relevant individual or entity is available for
				  contact.
(2) Registrant--A data
				  broker who has registered with the secretary and has been issued a registration
				  certificate.
(3) Secretary--The
				  Texas Secretary of State.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 106 - REGISTRATION OF DATA BROKERS › Subchapter B - REGISTRATION AND RENEWAL OF DATA BROKERS › Section 106.2 - Registration and Renewal of Data Brokers

Current through Reg. 49, No. 28; July 12, 2024
(a) A
				  complete initial registration statement or renewal application is comprised of:
(1) A completed registration statement or
				  renewal application that is signed by a person authorized to act by or on
				  behalf of the data broker, in the form promulgated by the secretary (See Form
				  4001); and
(2) Payment of the
				  registration fee or renewal fee stated in Business and Commerce Code §
											509.005(a)
				  or §
											509.005(d),
				  as applicable.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 106 - REGISTRATION OF DATA BROKERS › Subchapter B - REGISTRATION AND RENEWAL OF DATA BROKERS › Section 106.3 - Timing of Registration

Current through Reg. 49, No. 28; July 12, 2024
(a) A registration
				  certificate expires on the first anniversary of its date of issuance by the
				  secretary.
(b) A data broker
				  seeking to renew an existing registration certificate shall file a renewal
				  application within ninety (90) days before the expiration of the registration
				  certificate.
(c) The initial
				  registration of a data broker to which Chapter
				  509 of the
				  Business and Commerce Code applies must be filed on or before March 1,
				  2024.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 106 - REGISTRATION OF DATA BROKERS › Subchapter C - STATEMENT OF CORRECTION › Section 106.4 - Corrections

Current through Reg. 49, No. 28; July 12, 2024
(a) A data broker must submit a statement of
				  correction if, during the year, it becomes known to the registrant that any
				  information given at the time of registration or renewal, as applicable, was
				  inaccurate.
(b) A statement of
				  correction must include the following information:
(1) The legal name of the data
				  broker;
(2) The date of the last
				  filed registration statement or renewal application;
(3) The registration number assigned to the
				  data broker by the secretary; and
(4) A statement that identifies the
				  inaccuracy and provides the corrected information.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 106 - REGISTRATION OF DATA BROKERS › Subchapter D - NOTICE REQUIREMENTS › Section 106.5 - Notice Requirements

Current through Reg. 49, No. 28; July 12, 2024
A data broker that maintains an Internet website or mobile
					 application shall post a conspicuous notice on the website or mobile
					 application that states:
(1) For
				  websites:
Attached
					 Graphic
(2) For
				  mobile applications:
Attached
					 Graphic
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 107 - REGISTRATION OF VISION SUPPORT ORGANIZATIONS › Subchapter A - DEFINITIONS › Section 107.1 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
Words and terms defined in Chapter 74 of the Business and
					 Commerce Code shall have the same meaning in this chapter. In addition, the
					 following words and terms, when used in this chapter, shall have the following
					 meanings, unless the context clearly indicates otherwise.
(1) Non-optometrist owner--A person,
				  including a corporation, association, general partnership, limited partnership,
				  limited liability company, limited liability partnership, other legal entity,
				  or sole proprietorship, who is not a licensed optometrist but maintains 5% or
				  more ownership in a vision support organization.
(2) Professional entity--A professional
				  corporation, professional limited liability company, professional association,
				  general partnership that provides a professional service, or limited
				  partnership that provides a professional service.
(3) Secretary--The Texas Secretary of
				  State.
(4) Vision support
				  agreement--One or more agreements under which a vision support organization
				  provides two or more business support services to an optometrist.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 107 - REGISTRATION OF VISION SUPPORT ORGANIZATIONS › Subchapter B - REGISTRATION AND RENEWAL OF VISION SUPPORT ORGANIZATIONS › Section 107.2 - Registration and Renewal of Vision Support Organizations

Current through Reg. 49, No. 28; July 12, 2024
(a) A complete initial registration or
				  renewal registration is comprised of:
(1) A
				  completed registration form that is signed by a person authorized to act by or
				  on behalf of the vision support organization, in the form promulgated by the
				  secretary (See Form 4101); and
(2)
				  Payment of the filing fee stated in §
											107.5 of this chapter (relating to
				  Filing Fees).
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 107 - REGISTRATION OF VISION SUPPORT ORGANIZATIONS › Subchapter B - REGISTRATION AND RENEWAL OF VISION SUPPORT ORGANIZATIONS › Section 107.3 - Timing of Registration

Current through Reg. 49, No. 28; July 12, 2024
(a) Registrations
				  will expire annually on December 31 of each year.
(b) A vision support organization seeking to
				  renew an existing registration must file a renewal registration. Renewals may
				  be submitted from ninety (90) days prior to expiration until January 31 of the
				  year for which the next registration will be effective by submitting a
				  completed registration form and paying the filing fee, except as provided in
				  subsection (c) of this section.
(c)
				  In the event a vision support organization is required to register under
				  Chapter 74 of the Business and Commerce Code after January 31, the vision
				  support organization must file an initial registration within ninety (90) days
				  after the date of execution of a vision support agreement.
(d) The initial registration for a vision
				  support organization that has entered into a vision support agreement prior to
				  February 1, 2024, must be filed not later than January 31, 2025.
(e) The initial registration for a vision
				  support organization that first enters into a vision support agreement on or
				  after February 1, 2024, must be filed not later than the ninetieth (90th) day
				  after the date the agreement is executed.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 107 - REGISTRATION OF VISION SUPPORT ORGANIZATIONS › Subchapter C - STATEMENT OF CORRECTION › Section 107.4 - Corrections

Current through Reg. 49, No. 28; July 12, 2024
(a) A vision
				  support organization must submit a statement of correction semiannually if,
				  during that period, any information provided in the initial registration or
				  renewal registration, as applicable, changes.
(b) A statement of correction must include
				  the following information:
(1) The legal name
				  of the vision support organization;
(2) The date of the last filed
				  registration;
(3) The registration
				  number assigned by the secretary to the vision support organization;
				  and
(4) A statement identifying the
				  information that has changed.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 107 - REGISTRATION OF VISION SUPPORT ORGANIZATIONS › Subchapter D - FILING FEES › Section 107.5 - Filing Fees

Current through Reg. 49, No. 28; July 12, 2024
(a) The filing fee
				  for an initial registration or a renewal registration is $150.
(b) The filing fee for a statement of
				  correction is $50.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 5 - TEXAS FACILITIES COMMISSION › Chapter 111 - ADMINISTRATION › Subchapter A - ORGANIZATION › Section 111.1 - Commission

Current through Reg. 49, No. 28; July 12, 2024
(a) All references to the "Commission" in
				  this Chapter mean the Texas Facilities Commission. The Commission is composed
				  of seven members: three members appointed by the Governor, two members
				  appointed by the Governor from a list of nominees submitted by the Speaker of
				  the House of Representatives, and two members appointed by the Lieutenant
				  Governor. The Commissioners shall set policy and employ an Executive Director.
				  The Commissioners retain and exercise all authority and responsibility assigned
				  to them by law and not delegated to the Executive Director.
(b) All decisions of the Commission shall be
				  by majority vote of Commissioners present and voting.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 5 - TEXAS FACILITIES COMMISSION › Chapter 111 - ADMINISTRATION › Subchapter A - ORGANIZATION › Section 111.2 - Executive Director

Current through Reg. 49, No. 28; July 12, 2024
(a) The Executive
				  Director manages the day-to-day business of the Commission, employs staff, and
				  carries out other duties and responsibilities assigned by law or delegated by
				  the Commission.
(b) A delegation of
				  authority to the Executive Director must be made by the Commission in an open
				  meeting. The Commission may review, modify, or ratify a delegation at any open
				  meeting. A change in membership of the Commission does not void an existing
				  delegation of authority; it remains in effect until another one is approved by
				  a majority vote of the Commission at an open meeting.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 5 - TEXAS FACILITIES COMMISSION › Chapter 111 - ADMINISTRATION › Subchapter B - GENERAL PROVISIONS › Section 111.20 - Ethical Standards

Current through Reg. 49, No. 28; July 12, 2024
The Commission adopts by reference the rules of the Texas
					 Ethics Commission in 1 TAC Part 2, Chapter 45 (relating to Conflicts of
					 Interest). The Texas Ethics Commission rules are located at the Office of the
					 Secretary of State's internet website: www.sos.state.tx.us/tac/index.html. The
					 Texas Ethics Commission has specific rulemaking authority relating to the
					 ethical standards set out in Texas Government Code §
										RSA
					 2152.064 relating to conflicts of interest in
					 certain transactions by the Texas Facilities Commission.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 5 - TEXAS FACILITIES COMMISSION › Chapter 111 - ADMINISTRATION › Subchapter B - GENERAL PROVISIONS › Section 111.21 - Historically Underutilized Businesses

Current through Reg. 49, No. 28; July 12, 2024
In accordance with Texas Government Code §
										RSA
					 2161.003, the Commission adopts by reference
					 the rules of the Comptroller of Public Accounts in 34 TAC Part 1, Chapter 20,
					 Subchapter B (relating to the Historically Underutilized Business Program). The
					 Comptroller of Public Accounts rules are located at the Office of the Secretary
					 of State's internet website:
					 www.sos.state.tx.us/tac/index.html.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 5 - TEXAS FACILITIES COMMISSION › Chapter 111 - ADMINISTRATION › Subchapter B - GENERAL PROVISIONS › Section 111.22 - Petition for Adoption of Rules

Current through Reg. 49, No. 28; July 12, 2024
(a) Any
				  interested person or organization may petition the Commission requesting the
				  adoption or amendment of a rule.
(b) For the purpose of interpreting this
				  section, the term "rule" shall have the same meaning as contained in Texas
				  Government Code, Chapter 2001, §2001.003.
(c) Petitions for adoption of rules must be
				  submitted in writing and directed to the Commission's Executive
				  Director.
(d) The petitioner may
				  either hand deliver the petition to the Commission's central office at 1711 San
				  Jacinto Boulevard, Austin, Texas, 78701, or mail the petition to P.O. Box
				  13047, Austin, Texas 78711-3047.
(e) For purposes of calculating days under
				  this section, the date of submission of a petition under this section shall be
				  the date the petition is hand delivered to the Commission, or if the petition
				  was sent by mail or carrier, the date it is date-stamped according to regular
				  agency incoming mail procedures.
(f) The petition must include the following
				  minimum requirements:
(1) specify or
				  otherwise make clear that the petition is made pursuant to the provisions of
				  the Administrative Procedure Act;
(2) clearly state the body or substance of
				  the rule requested for adoption, and, if appropriate, relate the requested rule
				  to an adopted rule or rules of the Commission;
(3) contain the full name and address of the
				  petitioner; and
(4) be signed by
				  the petitioner.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 5 - TEXAS FACILITIES COMMISSION › Chapter 111 - ADMINISTRATION › Subchapter B - GENERAL PROVISIONS › Section 111.23 - Sick Leave Pool

Current through Reg. 49, No. 28; July 12, 2024
A sick leave pool is established to alleviate hardship
					 caused to an employee and employee's immediate family if a catastrophic illness
					 or injury forces the employee to exhaust all sick leave time earned by that
					 employee and to lose compensation from the state.
(1) The Commission's Human Resources Director
				  is designated as the pool administrator.
(2) The pool administrator will recommend a
				  policy, operating procedures, and forms for the administration of this section
				  to the Executive Director.
(3)
				  Operation of the pool shall be consistent with Texas Government Code, Chapter
				  661.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 5 - TEXAS FACILITIES COMMISSION › Chapter 111 - ADMINISTRATION › Subchapter B - GENERAL PROVISIONS › Section 111.24 - Training and Education of Employees

Current through Reg. 49, No. 28; July 12, 2024
(a) With the approval of the Executive
				  Director, the Commission may make available to its employees funds for training
				  and education in accordance with the Employee Training Act, Texas Government
				  Code §§
										RSA
				  656.041 -
				  RSA
				  656.049.
(b) In order to be eligible for agency
				  supported training and education, the employee must demonstrate in writing, to
				  the satisfaction of the Executive Director or designee, that the training or
				  education is related to the duties or prospective duties of the employee. If
				  the training or education is offered by an institution of higher education or
				  private or independent institution of higher education, as defined by Texas
				  Education Code §
										RSA
				  61.003, and is allowed under agency human
				  resources policies:
(1) the agency may only
				  pay the tuition expenses for a program course successfully completed by the
				  employee at an accredited institution of higher education; and
(2) the Executive Director must authorize the
				  tuition reimbursement payment.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 5 - TEXAS FACILITIES COMMISSION › Chapter 111 - ADMINISTRATION › Subchapter B - GENERAL PROVISIONS › Section 111.25 - Negotiated Rulemaking

Current through Reg. 49, No. 28; July 12, 2024
(a) The Commission
				  will undertake negotiated rulemaking procedures when the Commission is of the
				  opinion that proposed rules are likely to be complex, controversial, or may
				  affect disparate groups.
(b) When
				  negotiated rulemaking is to be considered, the Commission will appoint a
				  convener, in accordance with Government Code, §
										RSA
				  2008.052, to assist in determining whether it
				  is advisable to proceed. The convener shall have the duties as described in
				  Chapter 2008, Government Code, and shall make a recommendation to the Executive
				  Director to proceed or to defer negotiated rulemaking. The recommendation shall
				  be made after the convener, at a minimum, has considered all of the items set
				  forth in Government Code, §
										RSA
				  2008.052(c).
(c) Upon the convener's recommendation to
				  proceed, the Commission shall initiate negotiated rulemaking according to the
				  provisions of Chapter 2008, Government Code.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 5 - TEXAS FACILITIES COMMISSION › Chapter 111 - ADMINISTRATION › Subchapter B - GENERAL PROVISIONS › Section 111.26 - Contract Monitoring Roles and Responsibilities

Current through Reg. 49, No. 28; July 12, 2024
The contract monitoring roles and responsibilities of the
					 Commission's internal audit staff and other inspection, investigative, or
					 compliance staff are as follows:
(1)
				  The internal audit division will perform internal audit activities which will
				  include providing assistance and consulting regarding contract monitoring
				  issues. The internal audit division will also perform audits of the contract
				  management function and systems when they are warranted by the results of risk
				  assessment or included in the audit plan approved by the Commission pursuant to
				  Government Code, §
										RSA
				  2102.005, §
										RSA
				  2102.008.
(2) The legal services division will seek to
				  improve contract compliance by serving as a central repository for agency
				  contracts so the agency can perform contract compliance reviews.
(3) The Commission does not have a criminal
				  enforcement unit. Criminal activity related to agency contracts will be
				  reported to the appropriate authorities as set out in statute.
(4) The contract administrator/project
				  manager that oversees a contract will monitor and report to other appropriate
				  agency divisions regarding contract compliance.
(5) The Commission's Historically
				  Underutilized Business Program will assist the administering division or
				  divisions and contract management staff in monitoring agency contracts in
				  connection with applicable historically underutilized and minority business
				  contract requirements.
(6) Upon
				  contract close-out the Commission's procurement division will file vendor
				  performance reports, as required by the rules of the Comptroller of Public
				  Accounts in 34 TAC Part 1, Chapter 20, Subchapter C (relating to Procurement),
				  §20.108 (Vendor Performance Tracking System).
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 5 - TEXAS FACILITIES COMMISSION › Chapter 111 - ADMINISTRATION › Subchapter B - GENERAL PROVISIONS › Section 111.27 - Enhanced Contract Monitoring

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Contracts for the purchase of goods or services that have a value in excess of
				  $1 million will be identified for enhanced contract or performance
				  monitoring.
(b) Contracts that are
				  identified for enhanced contract or performance monitoring will be included in
				  reports provided to the commission for commission open meetings.
(c) Contracts will be monitored in accordance
				  with policies and procedures in the commission's contract management
				  handbook.
(d) The commission will
				  be notified, as appropriate, of any serious issue or risk that is identified
				  with report to a contract monitored under this rule.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 5 - TEXAS FACILITIES COMMISSION › Chapter 111 - ADMINISTRATION › Subchapter C - COMPLAINTS AND DISPUTE RESOLUTION › Section 111.30 - Customer Service and Complaints

Current through Reg. 49, No. 28; July 12, 2024
The Commission will maintain an online customer service
					 system. The system will be located on the Commission's Internet site at
http://www.tfc.state.tx.us
. The
					 customer service system will provide a survey for actual consumers, service
					 recipients or persons contracting with the Commission to provide customer
					 service feedback. The customer service system will also provide a process for
					 consumers, service recipients, persons contracting with the Commission and
					 members of the public to submit a written complaint to the Commission.
(1) All initial complaints to the Commission
				  must be submitted, in writing, through the customer service system. The
				  Commission will investigate and respond to initial complaints submitted through
				  the customer service system no later than the 10th business day from the date
				  the complaint is received by the Commission. All initial complaints will be
				  investigated by, and responded to, by the program area that is the subject of
				  the complaint. Unless "no response necessary" has been requested by the
				  complainant, the Commission will respond in writing to the initial complaint
				  through the customer service system.
(2) Consumers, service recipients, persons
				  contracting with the Commission or members of the public may file a subsequent
				  complaint in writing to the address specified in the following subsection if
				  the complainant believes the Commission's initial response through the customer
				  service system does not resolve the complaint. Subsequent complaints will be
				  investigated by the Executive Director or the Executive Director's designee.
				  The Commission's response to a subsequent complaint will be made in writing to
				  the complainant.
(3) Subsequent
				  complaints may be sent by mail to the Texas Facilities Commission at P.O. Box
				  13047, Austin, Texas 78711-3047 or hand-delivered at 1711 San Jacinto Blvd.,
				  4th Floor, Austin, Texas 78701. All subsequent complaints should be addressed
				  to the Customer Service Representative.
(4) The Customer Service Representative upon
				  notice of a subsequent complaint will confirm whether the complainant had
				  utilized the customer service system to submit an initial complaint and
				  received a response from the Commission in accordance with paragraph (1) of
				  this section. If it is determined that the notice is an initial complaint,
				  complainant will be directed to utilize the Commission's customer service
				  system. If it is determined that the notice is a subsequent complaint that was
				  properly submitted after utilizing the customer service system and receiving a
				  response from the Commission, the complaint will be processed in accordance
				  with paragraph (2) of this section.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 5 - TEXAS FACILITIES COMMISSION › Chapter 111 - ADMINISTRATION › Subchapter C - COMPLAINTS AND DISPUTE RESOLUTION › Section 111.31 - Negotiation and Mediation of Certain Contract Disputes

Current through Reg. 49, No. 28; July 12, 2024
(a) The Commission adopts by reference the
				  rules of the Office of the Attorney General in 1 TAC Part 3, Chapter 68
				  (relating to Negotiation and Mediation of Certain Contract Disputes). The
				  Office of the Attorney General rules are located at the Office of the Secretary
				  of State's internet website: www.sos.state.tx.us/tac/index.html.
(b) The rules set forth a process to permit
				  parties to structure a negotiation or mediation in a manner that is most
				  appropriate for a particular dispute regardless of contract's complexity,
				  subject matter, dollar amount, or method and time of performance.
(c) The adoption of this rule is required by
				  Texas Government Code, Chapter 2260, §2260.052(c).
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 5 - TEXAS FACILITIES COMMISSION › Chapter 111 - ADMINISTRATION › Subchapter C - COMPLAINTS AND DISPUTE RESOLUTION › Section 111.32 - Protests/Dispute Resolution/Hearing

Current through Reg. 49, No. 28; July 12, 2024
(a) Any
				  actual or prospective bidder, offeror, or contractor who is aggrieved in
				  connection with the solicitation, evaluation, or award of a contract may
				  formally protest to the Commission's Director of Procurement. Such protests
				  must be in writing and received by the Director of Procurement within 10
				  working days after such aggrieved person knows, or should have known, of the
				  occurrence of the action which is protested. Formal protests must conform to
				  the requirements of this subsection and subsection (c) of this section, and
				  shall be resolved in accordance with the procedure set forth in subsections (d)
				  and (e) of this section. Copies of the protest must be mailed or delivered by
				  the protesting party to the Commission and other interested parties. For the
				  purposes of this section, "interested parties" means all vendors who have
				  submitted bids or proposals for the contract involved.
(b) In the event of a timely protest or
				  appeal under this section, the state shall not proceed further with the
				  solicitation or with the award of the contract unless the Executive Director,
				  after consultation with the Director of Procurement, makes a written
				  determination that the award of contract without delay is necessary to protect
				  the best interests of the state.
(c) A formal protest must be sworn and
				  contain:
(1) a specific identification of the
				  statutory or regulatory provision(s) that the action complained of is alleged
				  to have violated;
(2) a specific
				  description of each act alleged to have violated the statutory or regulatory
				  provision(s) identified in paragraph (1) of this subsection;
(3) a precise statement of the relevant
				  facts;
(4) an identification of the
				  issue or issues to be resolved;
(5)
				  argument and authorities in support of the protest; and
(6) a statement that copies of the protest
				  have been mailed or delivered to the using agency and other identifiable
				  interested parties.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 5 - TEXAS FACILITIES COMMISSION › Chapter 111 - ADMINISTRATION › Subchapter C - COMPLAINTS AND DISPUTE RESOLUTION › Section 111.33 - Alternative Dispute Resolution

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Policy. It is the Commission's policy to encourage the use of alternative
				  dispute resolution procedures in appropriate situations.
(b) Alternative Dispute Resolution. The
				  Commission encourages the fair and expeditious resolution of disputes through
				  alternative dispute resolution ("ADR") procedures.
(1) ADR procedures include any procedure or
				  combination of procedures described by Civil Practice and Remedies Code,
				  Chapter 154. ADR procedures are intended to supplement and not limit other
				  dispute resolution procedures available for use by the Commission.
(2) Any ADR procedure used to resolve
				  disputes before the Commission shall conform with Government Code, Chapter
				  2009, and, to the extent possible, the model guidelines for the use of ADR
				  issued by the State Office of Administrative Hearings ("SOAH").
(3) Upon receipt of notice of a dispute, the
				  Commission's Executive Director, in consultation with the Commission's general
				  counsel, shall determine whether use of an ADR procedure is an appropriate
				  method for resolving the dispute.
(4) If an ADR procedure is determined to be
				  appropriate, the Commission's Executive Director shall recommend to the
				  claimant the use of ADR to resolve the dispute. The Commission's general
				  counsel will collaborate with the claimant to select an appropriate procedure
				  for dispute resolution and implement the agreed upon procedure consistent with
				  SOAH's model guidelines.
(5) ADR
				  for Breach of Contract Claims. Resolution of breach of certain contract claims
				  brought by a contractor against the Commission shall conform to the
				  requirements of Government Code, Chapter 2260. The Commission has adopted by
				  reference the Office of the Attorney General's rules regarding the negotiation
				  and mediation of certain contract disputes (§
											RSA
				  111.31 of this title (relating to Negotiation
				  and Mediation of Certain Contract Disputes)).
(6) The requirements of Government Code,
				  Chapter 2260, and the Office of the Attorney General's model rules are required
				  prerequisites to a contractor filing suit in accordance with Civil Practices
				  and Remedies Code, Chapter 107.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 5 - TEXAS FACILITIES COMMISSION › Chapter 111 - ADMINISTRATION › Subchapter D - VEHICLES › Section 111.40 - Fleet Management

Current through Reg. 49, No. 28; July 12, 2024
In accordance with the plan developed by the Office of
					 Vehicle Fleet Management under the direction of the State Council on
					 Competitive Government, the Commission will adhere to all requirements detailed
					 in the plan, including, but not limited to:
(1) The disposal of any vehicles declared
				  excess through the routine review of vehicle use. The Commission will:
(A) follow the Commission's Surplus Property
				  Division process for the disposal of vehicles; and
(B) submit proper documentation to certify
				  successful disposal of vehicles declared excess.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 5 - TEXAS FACILITIES COMMISSION › Chapter 111 - ADMINISTRATION › Subchapter D - VEHICLES › Section 111.41 - Assignment and Use of Pooled Vehicles

Current through Reg. 49, No. 28; July 12, 2024
(a) Each vehicle in 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.
(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 Commission personnel to ensure that all
				  Commission vehicles are used and rotated to balance mileage and time usage
				  among all pooled vehicles.
(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 the Commission's needs and mission of the agency.
				  Documentation for all assigned Commission vehicles will be kept on file with
				  designated Commission personnel.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 5 - TEXAS FACILITIES COMMISSION › Chapter 115 - FACILITIES LEASING PROGRAM › Subchapter A - STATE LEASED PROPERTY › Section 115.1 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this chapter,
					 shall have the following meanings, unless the context clearly indicates
					 otherwise:
(1) Commission--The Texas
				  Facilities Commission.
(2) State
				  agency or agency--A board, a commission, or agency established by the Texas
				  Legislature.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 5 - TEXAS FACILITIES COMMISSION › Chapter 115 - FACILITIES LEASING PROGRAM › Subchapter A - STATE LEASED PROPERTY › Section 115.2 - Prerequisites for Leasing Space

Current through Reg. 49, No. 28; July 12, 2024
(a) When a
				  board, commission or agency requests to lease property that is not owned by the
				  state, the Commission 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
				  designated the agency representative head of the requesting agency
				  party.
(c) The Chief Administrative
				  Officer of the requesting agency must certify the availability of funds for the
				  requested lease space, the number of full time employees to be located at the
				  requested space and the agency's projected schedule.
(d) The requesting agency shall not submit
				  any specifications that would:
(1)
				  unnecessarily limit meaningful competition for the requested space;
(2) unnecessarily increase the cost of the
				  lease;
(3) exceed the authorized
				  space limitations established by the Commission; or
(4) require more than is reasonably necessary
				  to carry out the business mandated to the requesting agency.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 5 - TEXAS FACILITIES COMMISSION › Chapter 115 - FACILITIES LEASING PROGRAM › Subchapter A - STATE LEASED PROPERTY › Section 115.3 - Leasing Space for Health and Human Services Agencies

Current through Reg. 49, No. 28; July 12, 2024
(a) All requests for lease space by Health
				  and Human Services Commission (HHSC) agencies must be submitted by the office
				  of the Executive Commissioner.
(b)
				  The Chief Administrative Officer of HHSC, or a designated representative, shall
				  certify the availability of funds for the requested lease space, the number of
				  full time employees to be located at the requested lease space and the agency's
				  projected schedule.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 5 - TEXAS FACILITIES COMMISSION › Chapter 115 - FACILITIES LEASING PROGRAM › Subchapter A - STATE LEASED PROPERTY › Section 115.4 - Delegation of Authority to State Agencies

Current through Reg. 49, No. 28; July 12, 2024
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
					 considered valid. The Commission may revoke delegated leasing authority upon
					 notice to the affected state entity.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 5 - TEXAS FACILITIES COMMISSION › Chapter 115 - FACILITIES LEASING PROGRAM › Subchapter A - STATE LEASED PROPERTY › Section 115.6 - Leasing Services to State Agencies

Current through Reg. 49, No. 28; July 12, 2024
(a) Any
				  agency excluded from the leasing requirements who seeks the assistance from the
				  Commission for leasing services shall submit the request in writing.
(b) The head of the agency that requests
				  leasing assistance must agree to pay the actual costs of the leasing services
				  provided before the request for lease assistance shall be considered.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 5 - TEXAS FACILITIES COMMISSION › Chapter 115 - FACILITIES LEASING PROGRAM › Subchapter A - STATE LEASED PROPERTY › Section 115.8 - Use of Private Firms to Obtain Space

Current through Reg. 49, No. 28; July 12, 2024
(a) Any
				  entity that provides lease services to the Commission shall immediately
				  disclose any conflict of interest in a transaction to all parties and shall
				  withdraw from all matters related to the conflict. Final determination of a
				  conflict of interest shall be made by the Commission.
(b) No broker, real estate firm, tenant
				  representative or entity representing the state as an agent in a leasing matter
				  may, during the term of the agency, simultaneously represent, participate or
				  profit from the actions of buyers, sellers, owners or any other entity that
				  possesses an interest in any lease in which the Commissioner is the
				  lessor.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 5 - TEXAS FACILITIES COMMISSION › Chapter 115 - FACILITIES LEASING PROGRAM › Subchapter A - STATE LEASED PROPERTY › Section 115.10 - Tenant Agency Responsibility; Reporting

Current through Reg. 49, No. 28; July 12, 2024
(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 the Commission determines has acted in bad faith against the
				  State's interest, or is in noncompliance as referenced in §
										RSA
				  2167.105 of the Government Code, shall be
				  reported to the Governor, Lieutenant Governor, Office of the Speaker of the
				  House of Representatives, the House Committee on Appropriations, and the Senate
				  Committee on Finance.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 5 - TEXAS FACILITIES COMMISSION › Chapter 115 - FACILITIES LEASING PROGRAM › Subchapter A - STATE LEASED PROPERTY › Section 115.13 - Best Value Guidelines

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				  Commission shall develop procedures, deadlines, site analyses and market
				  analyses to ensure that recommendations for lease procurements reflect the best
				  value to the State of Texas.
(b) In
				  determining the specific procedures to be used to evaluate the properties and
				  identification of the best value to the state, the Commission shall develop and
				  maintain documents in the permanent lease file of the Commission detailing its
				  evaluation of each of the following criteria for all qualified sites selected
				  for final consideration:
(1) analysis of the
				  total cost of occupancy offered by the proposed Lessor;
(2) utility costs;
(3) age, type and condition of the
				  premises;
(4) costs, if any, of
				  improvements required to meet the approved agency specifications;
(5) location of the property and access to
				  public facilities and transportation;
(6) access to and cost of parking;
(7) security of premises;
(8) space planning considerations including
				  implementation of the master facilities plan and space consolidation
				  options;
(9) direct and indirect
				  costs of relocation; and
(10) any
				  other considerations relevant to the approved agency specifications and
				  existing market conditions.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 5 - TEXAS FACILITIES COMMISSION › Chapter 115 - FACILITIES LEASING PROGRAM › Subchapter B - CANCELLATION OF LEASE DUE TO LACK OF FUNDING › Section 115.20 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this
					 subchapter, shall have the following meanings, unless the context clearly
					 indicates otherwise.
(1) "Cost of
				  idle facilities or idle capacity" means costs such as maintenance, repair,
				  housing, rent, and other related costs, e.g., insurance, interest, property
				  taxes and depreciation or use allowances.
(2) "Facilities" means land and buildings or
				  any portion thereof, equipment individually or collectively, or any other
				  tangible capital asset, wherever located, and whether owned or leased by the
				  governmental agency.
(3) "Funding
				  Out Clause" means the constitutional prohibitions on spending as set out in
				  Sections 49 and 49a, Article III, Texas Constitution and codified in Texas
				  Government Code §
										RSA
				  2167.055(e) (West 2008)
				  which are incorporated into the state lease, as amended.
(4) "Governmental agency" means a board,
				  commission, department, office, or other agency in the executive branch of
				  state government, including an institution of higher education as defined by
				  §
										RSA
				  61.003, Education Code.
(5) "Idle capacity" means the unused capacity
				  of partially used facilities. It is the difference between:
(a) that which a facility could achieve under
				  100 percent operating time on a one-shift basis less operating interruptions
				  resulting from time lost for repairs, setups, unsatisfactory materials, and
				  other normal delays; and
(b) the
				  extent to which the facility was actually used to meet demands during the
				  accounting period. A multi-shift basis should be used if it can be shown that
				  this amount of usage would normally be expected for the type of facility
				  involved.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 5 - TEXAS FACILITIES COMMISSION › Chapter 115 - FACILITIES LEASING PROGRAM › Subchapter B - CANCELLATION OF LEASE DUE TO LACK OF FUNDING › Section 115.21 - Determination of Idle Capacity or Idle Facilities

Current through Reg. 49, No. 28; July 12, 2024
(a) Prior to requesting that the Commission
				  cancel a lease due to lack of funding, the governmental agency shall determine
				  that it occupies idle facilities or has idle capacity due to one of the
				  following factors:
(1) changes in program
				  requirements;
(2) the
				  implementation of changes that result in a reduction in staff;
(3) consolidation of office or building space
				  to achieve cost efficiencies;
(4)
				  a change in client demographics resulting in the need to relocate staff to
				  other locations; or
(5) efforts to
				  achieve more economical operations, reorganization, termination, or other
				  causes which could not have been reasonably foreseen.