reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 1 - COMPTROLLER OF PUBLIC ACCOUNTS › Chapter 20 - STATEWIDE PROCUREMENT AND SUPPORT SERVICES › Subchapter D - SOCIO-ECONOMIC PROGRAM › Division 1 - HISTORICALLY UNDERUTILIZED BUSINESSES › Section 20.288 - Certification Process

Current through Reg. 49, No. 28; July 12, 2024
(a) A business
					 seeking certification as a HUB must submit an application through the online
					 HUB certification system, affirming under penalty of perjury that the business
					 qualifies as a HUB.
(b) If
					 requested by the comptroller, the applicant must provide any and all materials
					 and information necessary to demonstrate a qualifying active participation in
					 the control, operation, and management of the HUB.
(c) A person claiming Texas residency must
					 prove residency status by submitting:
(1) a
					 current valid Texas driver's license or I.D. card; and
(2) additional evidence of residency
					 satisfactory to the comptroller, such as an appraisal statement for Texas real
					 property (including whether a homestead exemption was claimed for that real
					 property) or most recent paid utility statements.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 1 - COMPTROLLER OF PUBLIC ACCOUNTS › Chapter 20 - STATEWIDE PROCUREMENT AND SUPPORT SERVICES › Subchapter D - SOCIO-ECONOMIC PROGRAM › Division 1 - HISTORICALLY UNDERUTILIZED BUSINESSES › Section 20.289 - Protests

Current through Reg. 49, No. 28; July 12, 2024
An applicant may protest the comptroller's denial or
						revocation of certification by filing a protest through the online HUB
						certification system within 30 days after the date the comptroller sent notice
						of the denial or revocation to the applicant. The director will consider the
						protest and issue a final decision. The director's decision shall be the final
						administrative action of the comptroller.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 1 - COMPTROLLER OF PUBLIC ACCOUNTS › Chapter 20 - STATEWIDE PROCUREMENT AND SUPPORT SERVICES › Subchapter D - SOCIO-ECONOMIC PROGRAM › Division 1 - HISTORICALLY UNDERUTILIZED BUSINESSES › Section 20.290 - Recertification

Current through Reg. 49, No. 28; July 12, 2024
Upon expiration of the four-year period, a HUB that
						desires recertification must:
(1)
					 submit an application through the online HUB certification system;
					 and
(2) comply with the
					 requirements specified in §
											20.288 of this title (relating to
					 the Certification Process) which apply to the recertification
					 process.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 1 - COMPTROLLER OF PUBLIC ACCOUNTS › Chapter 20 - STATEWIDE PROCUREMENT AND SUPPORT SERVICES › Subchapter D - SOCIO-ECONOMIC PROGRAM › Division 1 - HISTORICALLY UNDERUTILIZED BUSINESSES › Section 20.291 - Revocation

Current through Reg. 49, No. 28; July 12, 2024
(a) The comptroller
					 shall revoke the certification of a HUB if the comptroller determines that a
					 business does not meet the definition of HUB or that the business fails to
					 provide requested information in connection with a certification review
					 conducted by the comptroller. The comptroller shall provide the business with
					 written notice of the proposed revocation. A HUB shall have 30 days from
					 receipt of the written notice to provide written documentation through the
					 online HUB certification system stating the basis for disputing the revocation.
					 The comptroller shall evaluate the documentation to determine the HUB's
					 eligibility, and provide the applicant with written notification of the
					 decision.
(b) If a HUB is barred
					 from participating in state contracts in accordance with Government Code,
					 §
											2155.077, the
					 comptroller shall revoke the certification of that business for a period
					 commensurate with the debarment period.
(c) Businesses that have had their HUB status
					 revoked may not be included in meeting statewide or state agency HUB
					 utilization goals after the end of the last reporting period in which they held
					 certification for at least one day.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 1 - COMPTROLLER OF PUBLIC ACCOUNTS › Chapter 20 - STATEWIDE PROCUREMENT AND SUPPORT SERVICES › Subchapter D - SOCIO-ECONOMIC PROGRAM › Division 1 - HISTORICALLY UNDERUTILIZED BUSINESSES › Section 20.292 - Certification and Compliance Reviews

Current through Reg. 49, No. 28; July 12, 2024
(a) The comptroller
					 will conduct certification reviews of applicants and compliance reviews of
					 certified HUBs. The comptroller may perform random or targeted compliance desk,
					 virtual, or in-person, onsite reviews. The comptroller may verify the
					 information submitted by a business is accurate, and the business continues to
					 meet all HUB eligibility requirements after certification has been granted.
					 Certification and compliance reviews of any business may be conducted upon
					 determining a review is warranted.
(b) Businesses subject to certification and
					 compliance reviews must provide the comptroller with any information requested
					 to verify the eligibility of the business.
(c) The applicant's business documentation
					 shall be reviewed to substantiate the required level of participation and
					 control, and must demonstrate responsibility in the critical areas of the
					 business' operation as set forth in §20.283 of the title (relating to
					 Evaluation of Active Participation in the Control, Operation, and Management of
					 Entities).
(d) If a business does
					 not meet all eligibility requirements or does not provide requested information
					 within the timeframe specified by the comptroller, the business will be denied
					 certification or have its certification revoked.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 1 - COMPTROLLER OF PUBLIC ACCOUNTS › Chapter 20 - STATEWIDE PROCUREMENT AND SUPPORT SERVICES › Subchapter D - SOCIO-ECONOMIC PROGRAM › Division 1 - HISTORICALLY UNDERUTILIZED BUSINESSES › Section 20.293 - Historically Underutilized Business Directory

Current through Reg. 49, No. 28; July 12, 2024
The comptroller provides an online HUB directory that is
						updated daily to indicate current certification status. Access to the HUB
						directory is free and open to the public.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 1 - COMPTROLLER OF PUBLIC ACCOUNTS › Chapter 20 - STATEWIDE PROCUREMENT AND SUPPORT SERVICES › Subchapter D - SOCIO-ECONOMIC PROGRAM › Division 1 - HISTORICALLY UNDERUTILIZED BUSINESSES › Section 20.294 - Graduation Procedures

Current through Reg. 49, No. 28; July 12, 2024
(a) Size Standards.
					 A HUB shall graduate from being eligible for HUB certification when it has
					 maintained gross receipts or total employment levels during four consecutive
					 years which, including all affiliates, exceed the U.S. Small Business
					 Administration size standards set forth in 13 CFR Part 121.
(b) Graduation. Businesses that achieve the
					 size standards identified in subsection (a) of this section have reached a
					 competitive status in overcoming the effects of discrimination. The comptroller
					 shall review, as part of the certification or recertification process, the
					 financial revenue or relevant data of a business to determine whether the size
					 standards identified in subsection (a) of this section have been achieved. When
					 the comptroller determines that the business exceeds the applicable size
					 standard, the comptroller shall inform the business that it has graduated and
					 is no longer certified as a HUB, and shall remove the business from the HUB
					 directory.
(c) Effects of
					 Graduation.
(1) Businesses that have graduated
					 from the HUB program may not be included in meeting statewide or state agency
					 HUB utilization goals after the end of last reporting period in which they held
					 certification for at least one day.
(2) A business that has graduated or does not
					 qualify as a HUB under this title, shall be eligible to reapply for HUB
					 certification only after demonstrating that it meets the qualifications for
					 HUB, including the size standards.
(3) A business is considered a successor in
					 interest if it has acquired substantially all of the assets and liabilities of
					 another business. The application of the successor in interest to a HUB that
					 has graduated will be treated as a reapplication of the HUB. The successor in
					 interest applicant must show that it meets the size standards before it is
					 considered eligible to apply.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 1 - COMPTROLLER OF PUBLIC ACCOUNTS › Chapter 20 - STATEWIDE PROCUREMENT AND SUPPORT SERVICES › Subchapter D - SOCIO-ECONOMIC PROGRAM › Division 1 - HISTORICALLY UNDERUTILIZED BUSINESSES › Section 20.295 - Program Review

Current through Reg. 49, No. 28; July 12, 2024
The comptroller shall revise the HUB rules based on
						updates of disparity studies conducted and prepared on behalf of the State of
						Texas. The comptroller may determine the need to reassess the HUB rules upon
						receipt of new disparity study information.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 1 - COMPTROLLER OF PUBLIC ACCOUNTS › Chapter 20 - STATEWIDE PROCUREMENT AND SUPPORT SERVICES › Subchapter D - SOCIO-ECONOMIC PROGRAM › Division 1 - HISTORICALLY UNDERUTILIZED BUSINESSES › Section 20.296 - HUB Coordinator Responsibilities

Current through Reg. 49, No. 28; July 12, 2024
(a) In
					 accordance with Government Code, §
											2161.062(e),
					 state agencies with biennial budgets that exceed $10 million shall designate a
					 staff member to serve as the Historically Underutilized Business (HUB)
					 Coordinator for the state agency during the fiscal year. The HUB coordinator
					 will advise and assist state agency executive directors and staff in complying
					 with the requirements of this division, Government Code, §
											321.013,
					 and §
											2101.011,
					 and Government Code, Chapter 2161.
(b) To demonstrate good faith effort, a state
					 agency shall provide the HUB coordinator with necessary and sufficient
					 resources from its current operations and budget to effectively promote the
					 achievement of all the responsibilities of the HUB coordinator. The HUB
					 coordinator will assist its state agency in the development of the state
					 agency's procurement specifications, HUB subcontracting plans, and evaluation
					 of contracts for compliance. The HUB coordinator should be in a position that
					 reports, communicates, and provides information directly to the state agency's
					 executive director. To assist state agencies and the comptroller with HUB
					 compliance, the duties and responsibilities of HUB coordinators include, but
					 are not limited to, facilitating compliance with the state agency's good faith
					 effort criteria, HUB reporting, contract administration, and marketing and
					 outreach efforts for HUB participation. The comptroller may assist agencies,
					 upon request, to identify other responsibilities of a HUB coordinator for
					 compliance.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 1 - COMPTROLLER OF PUBLIC ACCOUNTS › Chapter 20 - STATEWIDE PROCUREMENT AND SUPPORT SERVICES › Subchapter D - SOCIO-ECONOMIC PROGRAM › Division 1 - HISTORICALLY UNDERUTILIZED BUSINESSES › Section 20.297 - HUB Forum Programs for State Agencies

Current through Reg. 49, No. 28; July 12, 2024
(a) In accordance
					 with Government Code, §
											2161.066, the
					 comptroller shall design a program of forums in which HUBs are invited by state
					 agencies to deliver technical and business presentations that demonstrate their
					 capability to do business with the state agency:
(1) to senior managers and procurement
					 personnel at state agencies that acquire goods and services of a type supplied
					 by the HUBs; and
(2) to prime
					 contractors or vendors with the state who may be subcontracting for goods and
					 services of a type supplied by the HUBs.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 1 - COMPTROLLER OF PUBLIC ACCOUNTS › Chapter 20 - STATEWIDE PROCUREMENT AND SUPPORT SERVICES › Subchapter D - SOCIO-ECONOMIC PROGRAM › Division 1 - HISTORICALLY UNDERUTILIZED BUSINESSES › Section 20.298 - Mentor-ProtégéProgram

Current through Reg. 49, No. 28; July 12, 2024
(a) The
					 Mentor-Protégé Program is a program administered by the
					 comptroller in accordance with Government Code, §
											2161.065, and
					 implemented by state agencies. The purpose of the Mentor-Protégé
					 Program is to foster long-term relationships between experienced contractors
					 and HUBs and to increase the ability of HUBs to obtain and perform contracts
					 and subcontracts for state agency business. Each state agency with a biennial
					 appropriation that exceeds $10 million shall implement the
					 Mentor-Protégé Program.
(b) Each state agency that implements the
					 Mentor-Protégé program shall consider:
(1) the needs of protégé
					 businesses requesting to be mentored;
(2) the availability of mentors who possess
					 unique skills, talents, and experience related to the mission of the state
					 agency's program; and
(3) the state
					 agency's staff and other resources.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 1 - COMPTROLLER OF PUBLIC ACCOUNTS › Chapter 20 - STATEWIDE PROCUREMENT AND SUPPORT SERVICES › Subchapter D - SOCIO-ECONOMIC PROGRAM › Division 2 - ENVIRONMENT, ENERGY AND WATER EFFICIENCY, AND RENEWABLE ENERGY TECHNOLOGIES › Section 20.306 - Preferences

Current through Reg. 49, No. 28; July 12, 2024
(a) Texas and United States products and
					 Texas services. The terms used in this section are as defined by Government
					 Code. §2155.444(c).
(1) If goods,
					 including agricultural products, produced or grown in this state or offered by
					 Texas bidders are not equal in cost and quality to other products, then goods,
					 including agricultural products, produced or grown in other states of the
					 United States shall be given preference over foreign products if the cost to
					 the state and quality are equal. However, a preference shall be given to those
					 goods produced or grown in this state or offered by Texas bidders as follows:
(A) goods produced or offered by a Texas
					 bidder that is owned by a service-disabled veteran who is a Texas resident
					 shall be given a first preference and goods produced in this state or offered
					 by other Texas bidders shall be given second preference, if the cost to the
					 state and quality are equal; and
(B) agricultural products grown in this state
					 shall be given first preference and agricultural products offered by Texas
					 bidders shall be given second preference, if the cost to the state and quality
					 are equal.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 1 - COMPTROLLER OF PUBLIC ACCOUNTS › Chapter 20 - STATEWIDE PROCUREMENT AND SUPPORT SERVICES › Subchapter D - SOCIO-ECONOMIC PROGRAM › Division 2 - ENVIRONMENT, ENERGY AND WATER EFFICIENCY, AND RENEWABLE ENERGY TECHNOLOGIES › Section 20.307 - State Agency Procurements of Recycled, Remanufactured or Environmentally Sensitive Commodities or Services

Current through Reg. 49, No. 28; July 12, 2024
(a) The
					 comptroller 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.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 1 - COMPTROLLER OF PUBLIC ACCOUNTS › Chapter 20 - STATEWIDE PROCUREMENT AND SUPPORT SERVICES › Subchapter E - SPECIAL CATEGORIES OF CONTRACTING › Division 1 - STATE SUPPORT SERVICES - MAIL AND PRINTING › Section 20.381 - Mail and Messenger Services

Current through Reg. 49, No. 28; July 12, 2024
(a) The
					 comptroller provides and operates an interagency mail and messenger service to
					 deliver unstamped or non-metered written communications and packages between
					 the legislature, state agencies and legislative agencies located in Travis
					 County.
(b) No personal mail will
					 be carried by the mail and messenger service. No package that exceeds 70 pounds
					 will be delivered by the mail and messenger service.
(c) State warrants may be delivered by the
					 mail and messenger service upon agreement by the state comptroller and the
					 agency concerned.
(d) Mail may be
					 delivered to and from the United States Post Office upon the agreement of the
					 state agency and the comptroller.
(e) The mail and messenger service may
					 process and meter outgoing mail for state agencies upon agreement of the state
					 agency and the comptroller. Each state agency must furnish funds to cover
					 amounts of postage to be metered.
(1) No mail
					 shall be metered for a state agency in excess of funds provided by the agency,
					 unless approved by the comptroller so as to avoid undue delays in processing
					 mail. Any deficit in an agency's postage account shall be promptly reimbursed
					 to the comptroller.
(2) The mail
					 and messenger service will provide each state agency utilizing the metered mail
					 service with a monthly report showing the amounts of postage used and volume of
					 mail metered.
(3) State agencies
					 who use the comptroller's outgoing mail service for the purpose of postage
					 meter rental requirements and cost effective mailing requirements will be
					 considered to be in compliance with Government Code, Chapter 2176 and
					 Government Code, §
												2113.103.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 1 - COMPTROLLER OF PUBLIC ACCOUNTS › Chapter 20 - STATEWIDE PROCUREMENT AND SUPPORT SERVICES › Subchapter E - SPECIAL CATEGORIES OF CONTRACTING › Division 2 - STATEWIDE PROCUREMENT DIVISION SERVICES - TRAVEL AND VEHICLES › Section 20.406 - Purpose and Applicability

Current through Reg. 49, No. 28; July 12, 2024
(a) Purpose.
					 This subchapter governs the use of contract travel services and state travel
					 credit cards by state officials and employees and other eligible persons.
					 Contract travel services may include state credit cards, travel agencies,
					 airlines, vehicles, internet-based reservation and ticketing, lodging and other
					 modes and necessities of state business related travel. The purpose of this
					 subchapter is to encourage travelers to obtain the lowest overall cost of
					 travel services. These rules do not alter, amend or affect the requirements in
					 Government Code, Chapter 660 relating to travel or the comptroller's statutes
					 and rules.
(b) Applicability. This
					 subsection defines the persons and entities eligible to use contract travel
					 services.
(1) State agencies. State agency
					 officials and employees, in the executive branch, shall use the contract travel
					 services as required by this subchapter whenever those services provide the
					 most efficient travel resulting in the total lowest cost. State agencies may
					 and are encouraged to purchase travel services at rates lower than the contract
					 travel services rates.
(2) Other
					 governmental entities. Officers and employees of the following entities may,
					 but are not required to, participate in the travel services pursuant to this
					 subchapter. These entities may use contract travel services upon approval by
					 the comptroller of their application for the use of contract travel services:
(A) an institution of higher education as
					 defined in Education Code, §
													61.003 when the
					 entity uses travel agency services or when the services are purchased from
					 funds other than general revenue or education or general funds as defined by
					 Education Code, §
													51.009;
(B) Employees Retirement System when the
					 travel is paid from other than general revenue funds;
(C) counties;
(D) municipalities;
(E) public junior colleges;
(F) school districts;
(G) emergency communication
					 districts;
(H) qualified
					 cooperative entity as the term is defined under Government Code, §
													2171.055;
					 and
(I) the supreme court, the
					 court of criminal appeals, the courts of appeals, and other entities in the
					 judicial branch.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 1 - COMPTROLLER OF PUBLIC ACCOUNTS › Chapter 20 - STATEWIDE PROCUREMENT AND SUPPORT SERVICES › Subchapter E - SPECIAL CATEGORIES OF CONTRACTING › Division 2 - STATEWIDE PROCUREMENT DIVISION SERVICES - TRAVEL AND VEHICLES › Section 20.407 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms used in this division are
						defined as follows unless the context clearly indicates otherwise.
(1) Contractor--An individual or entity under
					 contract with comptroller for the provision of travel services.
(2) Contract travel services--The travel
					 services provided pursuant to comptroller contracts that guarantee prices and
					 levels of services for all eligible entities and individuals.
(3) Force majeure event--Any acts of God,
					 war, riot, strike, or other event beyond the control of a contractor and that
					 could not reasonably have been anticipated or avoided and which, by the
					 exercise of all reasonable due diligence, such contractor is unable to
					 overcome.
(4) Official government
					 business--Business required in the scope and course of the traveler's
					 employment that is properly authorized by the employing governmental
					 entity.
(5) Overall cost of
					 travel--May include the actual costs to the state for travel, including flight
					 or other mode of transport to the duty station, mileage, rental car, taxi,
					 parking, tolls, lodging, meals in amounts less than or equal to the allowed per
					 diem, and in some instances may also include travel time to duty station or
					 other relevant factors directly related to the travel that are significant in
					 the context of the overall cost of the travel event.
(6) State agency--Any department, commission,
					 board, office, council, or other agency in the executive branch of state
					 government created by the constitution or by statute that is required to use
					 contract travel services pursuant to Government Code, §
											2171.055.
(7) State employee--Any person employed by a
					 state agency, or an elected or appointed official.
(8) State travel credit card--A credit card
					 issued to an individual or a governmental entity by a contract travel credit
					 card contractor.
(9) State travel
					 directory--A comptroller publication that lists current available contract
					 travel services.
(10) Traveler--Any
					 person eligible to use contract travel services, including those eligible
					 pursuant to the comptroller's travel allowance guide.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 1 - COMPTROLLER OF PUBLIC ACCOUNTS › Chapter 20 - STATEWIDE PROCUREMENT AND SUPPORT SERVICES › Subchapter E - SPECIAL CATEGORIES OF CONTRACTING › Division 2 - STATEWIDE PROCUREMENT DIVISION SERVICES - TRAVEL AND VEHICLES › Section 20.409 - State Agency Contracts and Requests for Exceptions

Current through Reg. 49, No. 28; July 12, 2024
(a) Other contracts. A state agency, required
					 to participate in contract travel services, shall not enter into a contract for
					 travel services without prior approval of the comptroller. The comptroller
					 shall consider whether the proposed contract offers the best value for the
					 State and the impact of the proposed contract on existing travel service
					 contracts. A state agency may request the comptroller to establish contract
					 services with a particular contractor.
(b) Requests for additional exceptions. A
					 state agency shall make a written request to the comptroller for additional
					 exceptions, not provided in §
											20.408
					 of this title (relating to Exceptions to the Use of Contract Travel Services)
					 when the agency offers a reasonable justification for the need for the
					 exception. Additional exceptions may not be granted for longer than the term of
					 existing contracts.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 1 - COMPTROLLER OF PUBLIC ACCOUNTS › Chapter 20 - STATEWIDE PROCUREMENT AND SUPPORT SERVICES › Subchapter E - SPECIAL CATEGORIES OF CONTRACTING › Division 2 - STATEWIDE PROCUREMENT DIVISION SERVICES - TRAVEL AND VEHICLES › Section 20.410 - State Agency Travel Coordinators

Current through Reg. 49, No. 28; July 12, 2024
(a) State
					 agencies shall designate an employee as the travel coordinator, who shall serve
					 as the single point of contact between the comptroller travel management
					 program and the agency for disseminating and collecting travel data and
					 information. State agencies shall provide the comptroller with the travel
					 coordinator's name, telephone number, e-mail address, mobile telephone number,
					 and other requested and relevant contact information.
(b) State agencies, in cooperation with the
					 comptroller, shall provide training to travel coordinators to ensure that:
(1) agency employees receive current travel
					 information;
(2) contract travel
					 services are used in accordance with this subchapter;
(3) travel data reports are submitted in
					 compliance with this subchapter;
(4) agency travel activity is monitored for
					 compliance with this subchapter and other applicable laws and rules; and
(5) complaints, concerns or other
					 information relevant to achieving the efficient and economical travel services
					 for the state are reported to the comptroller.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 1 - COMPTROLLER OF PUBLIC ACCOUNTS › Chapter 20 - STATEWIDE PROCUREMENT AND SUPPORT SERVICES › Subchapter E - SPECIAL CATEGORIES OF CONTRACTING › Division 2 - STATEWIDE PROCUREMENT DIVISION SERVICES - TRAVEL AND VEHICLES › Section 20.411 - State Agency Reimbursement and Reporting

Current through Reg. 49, No. 28; July 12, 2024
(a) State agency
					 officials and employees shall adhere to applicable laws and the regulations and
					 guidelines of the comptroller governing travel vouchers.
(b) Reimbursement for Travel Expenses. State
					 agencies shall not approve and the comptroller shall not pay travel vouchers
					 for services at rates higher than contract rates, unless an exception in §
											20.408 of this title (relating to
					 Exceptions to the Use of Contract Travel Services) or §
											20.409 of this title (relating to
					 State Agency Contracts and Requests for Exceptions) applies. Travel vouchers
					 submitted for reimbursement shall indicate the claimed exception in a manner
					 prescribed by the comptroller.
(c)
					 Audits. The comptroller may conduct pre-payment and post-payment audits of
					 travel reimbursement requests; the audits may include a review of the propriety
					 of claimed exceptions from the use of contract travel services.
(d) False claims for reimbursement. All
					 claims for travel reimbursement are subject to Government Code, §
											403.071 relating to
					 claims and available money. Any person who knowingly makes a false claim
					 against the state is subject to the penalties in Government Code, §
											403.071(f)
					 and other applicable laws.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 1 - COMPTROLLER OF PUBLIC ACCOUNTS › Chapter 20 - STATEWIDE PROCUREMENT AND SUPPORT SERVICES › Subchapter E - SPECIAL CATEGORIES OF CONTRACTING › Division 2 - STATEWIDE PROCUREMENT DIVISION SERVICES - TRAVEL AND VEHICLES › Section 20.412 - Procuring Travel Agency and Other Travel Related Services

Current through Reg. 49, No. 28; July 12, 2024
(a) This section describes the authorized
					 methods of procurement for travel services and the specific methods for travel
					 agency contracts.
(b) Travel
					 agency contract structure. The comptroller's travel agency contracts shall
					 contain a clear statement of the services provided and the cost associated with
					 each service. The contracts shall also contain descriptions of other ancillary
					 services and any other provisions necessary for the convenience of the state.
(c) Solicitation and evaluation
					 procedures for travel agency contracts.
(1)
					 The comptroller is not required to competitively bid travel agency contracts.
(2) The comptroller may negotiate
					 contracts for travel agency services.
(3) The comptroller shall solicit private
					 sector entities to participate in negotiated contracts through effective and
					 efficient means that ensure the best value for the state.
(4) The comptroller shall consider the
					 following criteria when evaluating proposed travel agency services:
(A) quantity of services;
(B) quality of services;
(C) price; and
(D) any other terms or conditions required to
					 provide the overall best value for the state.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 1 - COMPTROLLER OF PUBLIC ACCOUNTS › Chapter 20 - STATEWIDE PROCUREMENT AND SUPPORT SERVICES › Subchapter E - SPECIAL CATEGORIES OF CONTRACTING › Division 2 - STATEWIDE PROCUREMENT DIVISION SERVICES - TRAVEL AND VEHICLES › Section 20.413 - State Travel Credit Cards

Current through Reg. 49, No. 28; July 12, 2024
(a) State travel
					 credit card. State agencies, officials, and employees shall use state travel
					 credit cards to purchase contract and non-contract travel services. Travel
					 services for airfare shall be charged to state travel credit cards. Travel
					 services for lodging, rental vehicles and other necessary travel expenses shall
					 be charged to state travel credit cards, when feasible.
(b) Eligibility. Any entity eligible to use
					 contract travel services is also eligible to obtain state travel credit cards.
					 State travel credit cards may be used only for official state business and may
					 be issued to individuals and state agencies.
(c) State travel credit cards issued to
					 individuals. State agencies shall encourage an employee to obtain a state
					 travel credit card when the employee is expected to spend at least $1000 per
					 fiscal year for official state travel. State agencies may, at their discretion,
					 approve the issuance of the cards to any employee.
(d) State agencies shall ensure that:
(1) state travel credit cards are cancelled
					 upon the employee's termination of employment;
(2) state travel credit cards are cancelled
					 when the employee fails to timely pay the charges, uses the card for personal
					 transactions, or any other misuse of the credit card; and
(3) individuals who are issued state travel
					 credit cards understand that payment of charges on state travel credit cards is
					 the sole responsibility of the individual and that the state shall not be
					 responsible for the charges or for nonpayment by the employee.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 1 - COMPTROLLER OF PUBLIC ACCOUNTS › Chapter 20 - STATEWIDE PROCUREMENT AND SUPPORT SERVICES › Subchapter E - SPECIAL CATEGORIES OF CONTRACTING › Division 3 - STATE SUPPORT SERVICES - VEHICLE FLEET MANAGEMENT › Section 20.432 - Office of Vehicle Fleet Management

Current through Reg. 49, No. 28; July 12, 2024
(a) Through the
					 Office of Vehicle Fleet Management, the comptroller administers the state
					 vehicle fleet management program which consists of the State Vehicle Fleet
					 Management Plan and a computerized Vehicle Fleet Management System.
(b) The comptroller will implement and
					 monitor, at the direction of the Council on Competitive Government (CCG), the
					 State Vehicle Fleet Management Plan, approved and adopted by CCG. A current
					 Plan is available for viewing at the comptroller's Website. The Plan delineates
					 the responsibilities of each state agency, institution of higher education and
					 OVFM to develop, implement, maintain, and monitor current vehicle fleet data as
					 required by the Plan.
(c) The
					 comptroller may, for a fee, offer vehicle fleet maintenance services to all
					 state agencies in Travis County on a full cost recovery basis. The services
					 include preventive maintenance and routine mechanical repair work. The
					 comptroller may negotiate contracts or service arrangements for major overhauls
					 and extensive mechanical work.
(d)
					 The computerized Vehicle Fleet Management System is a database that contains
					 information on vehicle inventories, maintenance and repair history, mileage,
					 fuel usage, and expenses incurred for all state agencies.
(e) The comptroller may sponsor an annual
					 fleet management conference to consider:
(1)
					 adjustments to the Vehicle Fleet Management System;
(2) current fleet management issues; and
(3) the improvement of fleet
					 management expertise among state agencies.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 1 - COMPTROLLER OF PUBLIC ACCOUNTS › Chapter 20 - STATEWIDE PROCUREMENT AND SUPPORT SERVICES › Subchapter E - SPECIAL CATEGORIES OF CONTRACTING › Division 3 - STATE SUPPORT SERVICES - VEHICLE FLEET MANAGEMENT › Section 20.433 - State Vehicle Fleet Management Plan

Current through Reg. 49, No. 28; July 12, 2024
In accordance with the Plan, developed by OVFM under the
						direction of CCG, the comptroller will adhere to all requirements detailed in
						the Plan, including, but not limited to the requirements in the following
						paragraphs of this section.
(1) The
					 disposal of any vehicles declared excess through the routine review of vehicle
					 use. The comptroller will:
(A) follow the
					 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 34 - PUBLIC FINANCE › Part 1 - COMPTROLLER OF PUBLIC ACCOUNTS › Chapter 20 - STATEWIDE PROCUREMENT AND SUPPORT SERVICES › Subchapter E - SPECIAL CATEGORIES OF CONTRACTING › Division 3 - STATE SUPPORT SERVICES - VEHICLE FLEET MANAGEMENT › Section 20.434 - Assignment and Use of Pooled Vehicles

Current through Reg. 49, No. 28; July 12, 2024
(a) Each
					 vehicle in the comptroller's vehicle fleet pool, with the exception of vehicles
					 assigned to field employees, is assigned to the state 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) Comptroller 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 comptroller personnel to ensure that all comptroller
					 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 comptroller's needs and mission of the agency. Documentation for
					 all assigned comptroller vehicles will be kept on file with designated
					 comptroller personnel.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 1 - COMPTROLLER OF PUBLIC ACCOUNTS › Chapter 20 - STATEWIDE PROCUREMENT AND SUPPORT SERVICES › Subchapter E - SPECIAL CATEGORIES OF CONTRACTING › Division 3 - STATE SUPPORT SERVICES - VEHICLE FLEET MANAGEMENT › Section 20.435 - Vehicle Fleet Management System

Current through Reg. 49, No. 28; July 12, 2024
(a) The Vehicle
					 Fleet Management System is the responsibility of the Office of Vehicle Fleet
					 Management. The comptroller maintains the main repository and database for all
					 vehicle information submitted by each state agency in accordance with this
					 subsection. The comptroller is responsible for developing the form, format, and
					 composition of all data submitted electronically or otherwise to the vehicle
					 fleet management system to assure system continuity.
(b) Each state agency fleet officer is
					 responsible for establishing, maintaining, and submitting to the comptroller on
					 a monthly basis accurate vehicle information in the form and format established
					 by the comptroller.
(1) Information to be
					 recorded in each agency's fleet management system for submission to the
					 comptroller's repository and database includes, but is not limited to:
(A) acquisition date, vehicle make, model,
					 type, class, year, gross vehicle weight rating, exempt license plate number,
					 manufacturer, vehicle identification number, whether a special purpose vehicle,
					 and whether a pool or assigned vehicle;
(B) acquisition cost, capitalized value,
					 repair and maintenance expenses, direct and indirect labor expense, replacement
					 policy, current mileage, vehicle disposal date, and disposal price or salvage
					 value;
(C) type, and quantity of
					 all fuels and lubricants used, including their cost and type, vehicle lifetime
					 odometer reading, and miles traveled per month;
(D) insurance and accident related expense;
(E) downtime, transfer date,
					 disposal date, and any other information necessary to compute the average cost
					 of operation, per month, of the various classes and types of vehicles; and
(F) vehicle location by city and
					 county.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 1 - COMPTROLLER OF PUBLIC ACCOUNTS › Chapter 20 - STATEWIDE PROCUREMENT AND SUPPORT SERVICES › Subchapter E - SPECIAL CATEGORIES OF CONTRACTING › Division 3 - STATE SUPPORT SERVICES - VEHICLE FLEET MANAGEMENT › Section 20.436 - Assistance to State Agencies and School Districts

Current through Reg. 49, No. 28; July 12, 2024
(a) The Office of Vehicle Fleet Management of
					 the comptroller facilitates, encourages, and expedites alternative fuels use by
					 state agencies and school districts.
(b) The Office of Vehicle Fleet Management of
					 the comptroller provides informational materials regarding alternative fuels,
					 presents state of the art data at fleet management conferences, provides state
					 vehicle operational data, locates facilities to convert state vehicles to
					 alternative fuels, helps identify vehicles that are appropriate for conversion,
					 and provides technical assistance.
(c) To assist with vehicle conversion, the
					 Office of Vehicle Fleet Management of the comptroller works with state agency
					 fleet operators, vehicle manufacturers and converters, fuel distributors, and
					 any other necessary entities.
(d)
					 The Office of Vehicle Fleet Management provides information to the Texas
					 Commission on Environmental Quality for its determination of air quality
					 benefits associated with the use of alternative fuels.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 1 - COMPTROLLER OF PUBLIC ACCOUNTS › Chapter 20 - STATEWIDE PROCUREMENT AND SUPPORT SERVICES › Subchapter E - SPECIAL CATEGORIES OF CONTRACTING › Division 3 - STATE SUPPORT SERVICES - VEHICLE FLEET MANAGEMENT › Section 20.437 - Waiver of Vehicles to Meet Required Fleet Percentages

Current through Reg. 49, No. 28; July 12, 2024
(a) Any state agency operating a fleet of
					 more than 15 motor vehicles, excluding law enforcement and emergency vehicles,
					 shall have a fleet percentage of alternative fuel vehicles equal to or greater
					 than 30% of the total number of such vehicles operated by September 1, 1994,
					 and a percent equal to or greater than 50% by September 1, 1996.
(b) A state agency desiring a waiver from
					 subsection (a) of this section shall submit a certification to the Office of
					 Vehicle Fleet Management of the comptroller that meets one or more of the
					 following conditions:
(1) the vehicles will
					 be operating primarily in an area in which neither the agency nor a supplier
					 has or can reasonably be expected to establish a central refueling station for
					 alternative fuels;
(2) the agency
					 is unable to acquire or be provided equipment or refueling facilities necessary
					 to operate vehicles using an alternative fuel at a projected cost that is
					 reasonably expected to result in no greater net costs than the continued use of
					 traditional gasoline or diesel fuels measured over the expected useful life of
					 the equipment or facilities supplied; or
(3) the agency is unable to acquire or be
					 provided any alternative fuel vehicles or equipment necessary for such
					 vehicles.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 1 - COMPTROLLER OF PUBLIC ACCOUNTS › Chapter 20 - STATEWIDE PROCUREMENT AND SUPPORT SERVICES › Subchapter E - SPECIAL CATEGORIES OF CONTRACTING › Division 3 - STATE SUPPORT SERVICES - VEHICLE FLEET MANAGEMENT › Section 20.438 - Effect of Waiver

Current through Reg. 49, No. 28; July 12, 2024
A waiver issued under section §
											20.437
						of this title (relating to Waiver of Vehicles to Meet Required Fleet
						Percentages) shall be kept on file by the comptroller for two years from date
						of issuance. A valid, current waiver on file for a state agency shall be deemed
						sufficient basis for a waiver of the purchasing restrictions for state agencies
						which are set forth in §
											20.235
						of this title (relating to Purchase of Motor Vehicles).
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 1 - COMPTROLLER OF PUBLIC ACCOUNTS › Chapter 20 - STATEWIDE PROCUREMENT AND SUPPORT SERVICES › Subchapter E - SPECIAL CATEGORIES OF CONTRACTING › Division 3 - STATE SUPPORT SERVICES - VEHICLE FLEET MANAGEMENT › Section 20.439 - Alternative Fuel Usage

Current through Reg. 49, No. 28; July 12, 2024
Pursuant to Government Code, §
											2171.103,
						the comptroller shall take all steps necessary to encourage the use of
						alternative fuels.
(1) Each state
					 vehicle equipped from the manufacturer or modified by a conversion facility to
					 be capable of operating on an alternative fuel shall operate exclusively on the
					 alternative fuel except in cases:
(A) where
					 and when the alternative fuel is not available;
(B) the range of the alternative fuel is
					 insufficient to complete a round trip, in which case the alternative fuel shall
					 be used until exhausted, with conventional gasoline or diesel fuel used only as
					 a last resort to complete the trip when the alternative fuel is
					 unavailable;
(C) when the
					 alternative fuel costs more than conventional gasoline or diesel;
(D) when the conversion equipment is not in
					 working order or is deemed unsafe to operate, in which case timely repairs or
					 inspections shall be made so that the vehicle may continue to operate on the
					 alternative fuel; or
(E) when
					 operating exclusively on an alternative fuel is contrary to the vehicle
					 manufacturer's or alternative fuel conversion equipment vendor's
					 recommendations.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 1 - COMPTROLLER OF PUBLIC ACCOUNTS › Chapter 20 - STATEWIDE PROCUREMENT AND SUPPORT SERVICES › Subchapter E - SPECIAL CATEGORIES OF CONTRACTING › Division 5 - COMMEMORATIVE ITEMS › Section 20.475 - Purchase Price of Commemorative Items

Current through Reg. 49, No. 28; July 12, 2024
Pursuant to Government Code, §
											2172.006,
						the purchase price of an official state lapel pin, and an official state ring
						for purchase by members and former members of the Texas House of
						Representatives and the Texas Senate is established in this section. Price may
						be adjusted periodically by written approval of the director based on changes
						to the cost of precious metals or labor. The initial prices for the items are
						as follows:
(1) Lapel pin in 14k
					 yellow gold and platinum is $1197.25.
(2) Lapel pin in 18k yellow gold and platinum
					 is $1245.82.
(A) Lapel pin for Texas House of
					 Representatives.
Attached Graphic
(B) Lapel pin for Texas Senate.
Attached Graphic
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 1 - COMPTROLLER OF PUBLIC ACCOUNTS › Chapter 20 - STATEWIDE PROCUREMENT AND SUPPORT SERVICES › Subchapter F - CONTRACT MANAGEMENT › Division 1 - CONTRACT ADMINISTRATION › Section 20.481 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this
						division, shall have the following meanings, unless the context clearly
						indicates otherwise.
(1) Bona fide
					 dispute--A difference of opinion held in good faith by a vendor and a
					 governmental entity.
(2) Disputed
					 invoice--Includes, but is not limited to, an invoice presented for payment
					 which is:
(A) not in compliance with the
					 invoicing standards in this chapter;
(B) for nonconforming goods and services
					 under the related purchase order or contract; or
(C) not presented in the time frame
					 authorized by the related purchase order or contract.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 1 - COMPTROLLER OF PUBLIC ACCOUNTS › Chapter 20 - STATEWIDE PROCUREMENT AND SUPPORT SERVICES › Subchapter F - CONTRACT MANAGEMENT › Division 1 - CONTRACT ADMINISTRATION › Section 20.482 - Quality Assurance; General

Current through Reg. 49, No. 28; July 12, 2024
Pursuant to Government Code, §
											2155.069,
						the comptroller may establish and maintain a program of testing and inspecting
						purchases pursuant to a contract administered by the comptroller at the request
						of state agencies to insure that the materials, supplies, services, and
						equipment meet specifications.