reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 9 - TEXAS LOTTERY COMMISSION › Chapter 403 - GENERAL ADMINISTRATION › Section 403.205 - Agency Counterclaim

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				Commission shall file notice of a counterclaim as provided by this
				section.
(b) The notice of
				counterclaim shall:
(1) be in
				writing;
(2) be delivered by hand,
				certified mail return receipt requested or other verifiable delivery service to
				the contractor or representative of the contractor who signed the notice of
				claim of breach of contract; and
(3) state in detail:
(A) the nature of the counterclaim;
(B) a description of damages or offsets
				sought, including the amount and method used to calculate those damages or
				offsets; and
(C) the legal theory
				supporting the counterclaim.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 9 - TEXAS LOTTERY COMMISSION › Chapter 403 - GENERAL ADMINISTRATION › Section 403.206 - Request for Voluntary Disclosure of Additional Information

Current through Reg. 49, No. 28; July 12, 2024
(a) Upon the filing
				of a claim or counterclaim, the parties may request to review and copy
				information in the possession or custody or subject to the control of the other
				party that pertains to the contract claimed to have been breached, including,
				without limitation:
(1) accounting
				records;
(2) correspondence,
				including, without limitation, correspondence between the Commission and
				outside consultants it utilized in preparing its bid solicitation or any part
				thereof or in administering the contract, and correspondence between the
				contractor and its subcontractors, material men, and vendors;
(3) schedules;
(4) the parties' internal
				memoranda;
(5) documents created by
				the contractor in preparing its offer and documents created by the Commission
				in analyzing the offers it received in response to the solicitation.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 9 - TEXAS LOTTERY COMMISSION › Chapter 403 - GENERAL ADMINISTRATION › Section 403.207 - Duty to Negotiate

Current through Reg. 49, No. 28; July 12, 2024
The parties shall negotiate in accordance with the timetable
				  set forth in §
									RSA 403.208
				  of this title (relating to Timetable) and §
									RSA
				  403.214 of this title (relating to Mediation
				  Timetable) to attempt to resolve all claims and counterclaims. No party is
				  obligated to settle as a result of the negotiation.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 9 - TEXAS LOTTERY COMMISSION › Chapter 403 - GENERAL ADMINISTRATION › Section 403.208 - Timetable

Current through Reg. 49, No. 28; July 12, 2024
(a) Following
				receipt of a contractor's notice of claim, the Commission's executive director
				or the executive director's designated representative(s) shall review the
				contractor's claim(s) and the counterclaim(s), if any, and initiate
				negotiations with the contractor to attempt to resolve the claim(s) and
				counterclaim(s).
(b) The parties
				shall begin negotiations not later than the 120th day after the date the
				Commission receives a contractor's notice of claim.
(c) The parties may conduct negotiations
				according to an agreed schedule as long as they begin negotiations no later
				than the deadline set forth in subsection (b) of this section.
(d) Subject to subsection (e) of this
				section, the parties shall complete the negotiations that are required by this
				chapter as a prerequisite to a contractor's request for contested case hearing
				no later than 270 days after the Commission receives the contractor's notice of
				claim.
(e) The parties may agree in
				writing to extend the time for negotiations on or before the 270th day after
				the Commission receives the contractor's notice of claim. The agreement shall
				be signed by representatives of the parties with authority to bind each
				respective party and shall provide for the extension of the statutory
				negotiation period until a date certain. The parties may enter into a series of
				written extension agreements that comply with the requirements of this
				section.
(f) The contractor may
				request a contested case hearing before the State Office of Administrative
				Hearings ("SOAH") pursuant to §
									RSA
				403.213 of this title (relating to Request
				for Contested Case Hearing) after the 270th day after the Commission receives
				the contractor's notice of claim, or the expiration of any extension agreed to
				under subsection (e) of this section.
(g) The parties may agree to mediate the
				dispute at any time before the 120th day after the date the claim is filed with
				the Commission and before the expiration of any extension agreed to by the
				parties pursuant to subsection (e) of this section.
(h) Nothing in this section is intended to
				prevent the parties from agreeing to commence negotiations earlier than the
				deadline established in subsection (b) of this section, or from continuing or
				resuming negotiations after the contractor requests a contested case hearing
				before SOAH.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 9 - TEXAS LOTTERY COMMISSION › Chapter 403 - GENERAL ADMINISTRATION › Section 403.209 - Conduct of Negotiation

Current through Reg. 49, No. 28; July 12, 2024
(a) A
				negotiation under this subchapter may be conducted by any method, technique, or
				procedure agreed upon by the parties, including, without limitation,
				negotiation in person, by telephone, by correspondence, by video conference, or
				by any other method that permits the parties to identify their respective
				positions, discuss their respective differences, confer with their respective
				advisers, exchange offers of settlement, and settle.
(b) The parties may conduct negotiations with
				the assistance of one or more neutral third parties. If the parties choose to
				mediate their dispute, the mediation shall be conducted in accordance with this
				chapter.
(c) To facilitate the
				meaningful evaluation and negotiation of the claim(s) and any counterclaim(s),
				the parties may exchange relevant documents that support their respective
				claims, defenses, counterclaims or positions.
(d) Material submitted pursuant to this
				subsection and claimed to be confidential by the contractor shall be handled
				pursuant to the requirements of the Public Information Act.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 9 - TEXAS LOTTERY COMMISSION › Chapter 403 - GENERAL ADMINISTRATION › Section 403.210 - Settlement Approval Procedures

Current through Reg. 49, No. 28; July 12, 2024
The parties' settlement approval procedures shall be
				  disclosed prior to, or at the beginning of, negotiations. To the extent
				  possible, the parties shall select negotiators who are knowledgeable about the
				  subject matter of the dispute, who are in a position to reach agreement, and
				  who can credibly recommend approval of an agreement.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 9 - TEXAS LOTTERY COMMISSION › Chapter 403 - GENERAL ADMINISTRATION › Section 403.211 - Settlement Agreement

Current through Reg. 49, No. 28; July 12, 2024
(a) A
				settlement agreement may resolve an entire claim or any designated and
				severable portion of a claim.
(b)
				To be enforceable, a settlement agreement must be in writing and signed by the
				parties or their authorized representatives.
(c) A partial settlement does not waive a
				parties' rights under the Government Code, Chapter 2260, as to remaining claims
				or counterclaims.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 9 - TEXAS LOTTERY COMMISSION › Chapter 403 - GENERAL ADMINISTRATION › Section 403.212 - Costs of Negotiation

Current through Reg. 49, No. 28; July 12, 2024
Unless the parties agree otherwise, each party shall be
				  responsible for its own costs incurred in connection with a negotiation,
				  including, without limitation, the costs of attorney's fees, consultant's fees
				  and expert's fees.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 9 - TEXAS LOTTERY COMMISSION › Chapter 403 - GENERAL ADMINISTRATION › Section 403.213 - Request for Contested Case Hearing

Current through Reg. 49, No. 28; July 12, 2024
(a)
				If a claim for breach of contract is not resolved in its entirety through
				negotiation, mediation or other assisted negotiation process in accordance with
				this chapter on or before the 270th day after the Commission receives the
				notice of claim, or after the expiration of any extension agreed to by the
				parties pursuant to §
									RSA
				403.208<subdiv>(e)</subdiv> of
				this title (relating to Timetable), the contractor may file a request with the
				Commission for a contested case hearing before SOAH.
(b) A request for a contested case hearing
				shall state the legal and factual basis for the claim and shall be delivered to
				the executive director or other person designated in the contract to receive
				notice within a reasonable time after the 270th day or the expiration of any
				written extension agreed to pursuant to §
									RSA
				403.208<subdiv>(e)</subdiv> of
				this title.
(c) The Commission
				shall forward the contractor's request for contested case hearing to SOAH
				within a reasonable period of time, not to exceed thirty days, after receipt of
				the request.
(d) The parties may
				agree to submit the case to SOAH before the 270th day after the notice of claim
				is received by the Commission if they have achieved a partial resolution of the
				claim or if an impasse has been reached in the negotiations and proceeding to a
				contested case hearing would serve the interests of justice.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 9 - TEXAS LOTTERY COMMISSION › Chapter 403 - GENERAL ADMINISTRATION › Section 403.214 - Mediation Timetable

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				contractor and Commission may agree to mediate the dispute at any time before
				the 120th day after the date the claim is filed with the Commission and before
				the expiration of any extension agreed to by the parties in writing.
(b) A contractor and the Commission may
				mediate the dispute even after the case has been referred to SOAH for a
				contested case. SOAH may also refer a contested case for mediation pursuant to
				its own rules and guidelines, whether or not the parties have previously
				attempted mediation.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 9 - TEXAS LOTTERY COMMISSION › Chapter 403 - GENERAL ADMINISTRATION › Section 403.215 - Conduct of Mediation

Current through Reg. 49, No. 28; July 12, 2024
(a) A mediator
				may not impose his or her own judgment on the issues for that of the parties.
				The mediator must be acceptable to both parties.
(b) The mediation is subject to the
				provisions of the Governmental Dispute Resolution Act, Government Code, Chapter
				2009.
(c) To facilitate a
				meaningful opportunity for settlement, the parties shall, to the extent
				possible, select representatives who are knowledgeable about the dispute, who
				are in a position to reach agreement, or who can credibly recommend approval of
				an agreement.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 9 - TEXAS LOTTERY COMMISSION › Chapter 403 - GENERAL ADMINISTRATION › Section 403.216 - Qualifications and Immunity of the Mediator

Current through Reg. 49, No. 28; July 12, 2024
The mediator shall possess the qualifications required under
				  Civil Practice and Remedies Code, §
									RSA
				  154.052, be subject to the standards and
				  duties prescribed by Civil Practice and Remedies Code, §
									RSA
				  154.053 and have the qualified immunity
				  prescribed by Civil Practice and Remedies Code, §
									RSA
				  154.055, if applicable.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 9 - TEXAS LOTTERY COMMISSION › Chapter 403 - GENERAL ADMINISTRATION › Section 403.217 - Confidentiality of Mediation and Final Settlement Agreement

Current through Reg. 49, No. 28; July 12, 2024
(a) A mediation conducted under this section
				is confidential in accordance with Government Code, §
									RSA
				2009.054.
(b) The confidentiality of a final settlement
				agreement that is reached as a result of the mediation is governed by
				Government Code, Chapter 552.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 9 - TEXAS LOTTERY COMMISSION › Chapter 403 - GENERAL ADMINISTRATION › Section 403.218 - Costs of Mediation

Current through Reg. 49, No. 28; July 12, 2024
Unless the contractor and the Commission agree otherwise,
				  each party is responsible for its own costs incurred in connection with the
				  mediation, including costs of document reproduction for documents requested by
				  such party, attorney's fees, and consultant or expert fees. The costs of the
				  mediation process itself shall be divided equally between the
				  parties.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 9 - TEXAS LOTTERY COMMISSION › Chapter 403 - GENERAL ADMINISTRATION › Section 403.219 - Settlement Approval Procedures

Current through Reg. 49, No. 28; July 12, 2024
The parties' settlement approval procedures shall be
				  disclosed by the parties prior to the mediation. To the extent possible, the
				  parties shall select representatives who are knowledgeable about the subject
				  matter of the dispute, who are in a position to reach agreement, and who can
				  credibly recommend approval of an agreement.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 9 - TEXAS LOTTERY COMMISSION › Chapter 403 - GENERAL ADMINISTRATION › Section 403.220 - Initial Settlement Agreement

Current through Reg. 49, No. 28; July 12, 2024
Any settlement agreement reached during the mediation shall
				  be signed by authorized representatives of the parties and shall describe any
				  procedures required to be followed in connection with the approval of a final
				  settlement agreement.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 9 - TEXAS LOTTERY COMMISSION › Chapter 403 - GENERAL ADMINISTRATION › Section 403.221 - Final Settlement Agreement

Current through Reg. 49, No. 28; July 12, 2024
(a) A
				final settlement agreement reached during, or as a result of mediation, that
				resolves an entire claim or any designated and severable portion of a claim
				shall be in writing and signed by the authorized representatives of the
				parties.
(b) If the settlement
				agreement does not resolve all issues raised by the claim and counterclaim, the
				agreement shall identify the unresolved issues.
(c) A partial settlement does not waive a
				contractor's rights under the Government Code, Chapter 2260, as to unresolved
				claims.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 9 - TEXAS LOTTERY COMMISSION › Chapter 403 - GENERAL ADMINISTRATION › Section 403.222 - Referral to the State Office of Administrative Hearings

Current through Reg. 49, No. 28; July 12, 2024
If mediation does not resolve all issues raised by the claim,
				  the contractor may request that the claim be referred to
				  SOAH.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 9 - TEXAS LOTTERY COMMISSION › Chapter 403 - GENERAL ADMINISTRATION › Section 403.223 - Use of Assisted Negotiation Processes

Current through Reg. 49, No. 28; July 12, 2024
Any of the following methods, or a combination of these
				  methods, or any assisted negotiation process agreed to by the parties, may be
				  used in seeking resolution of disputes or other controversy arising under
				  Government Code, Chapter 2260. If the parties agree to use an assisted
				  negotiation procedure, they should agree in writing to a detailed description
				  of the process prior to engaging in the process.
(1) Mediation.
(2) Early evaluation by a third-party
				neutral.
(A) This a confidential conference
				where the parties and their counsel present the factual and legal bases of
				their claim and receive a non-binding assessment by an experienced neutral with
				subject-matter expertise or with significant experience in the substantive area
				of law involved in the dispute.
(B)
				After summary presentations, the third-party neutral identifies areas of
				agreement for possible stipulations, assesses the strengths and weaknesses of
				each party's position, and estimates, if possible, the likelihood of liability
				and the dollar range of damages that appear reasonable to him or her.
(C) This is a less complicated procedure than
				the mini-trial, described in paragraph (4) of this section. It may be
				appropriate for only some issues in dispute, for example, where there are
				clear-cut differences over the appropriate amount of damages.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 9 - TEXAS LOTTERY COMMISSION › Chapter 403 - GENERAL ADMINISTRATION › Section 403.301 - Historically Underutilized Businesses

Current through Reg. 49, No. 28; July 12, 2024
The Texas Lottery Commission adopts by reference the rules
				  administered by the Office of the Comptroller of Public Accounts regarding
				  historically underutilized businesses, which are set forth in the Texas
				  Administrative Code, Title 34, Part 1, Chapter 20, Subchapter D, Division 1,
				  §§20.281 - 20.298.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 9 - TEXAS LOTTERY COMMISSION › Chapter 403 - GENERAL ADMINISTRATION › Section 403.401 - Use of Commission Motor Vehicles

Current through Reg. 49, No. 28; July 12, 2024
(a) A motor vehicle owned by the Commission
				is state property and may be used for official Commission business only. A
				Commission motor vehicle may not be assigned to a specific employee or agency
				head, but must be assigned to the Commission's motor pool and be available for
				checkout. All Commission motor vehicles will be housed at the Commission's
				Austin headquarters or at the Commission's business resumption
				warehouse.
(b) The agency may
				assign a vehicle to an individual, administrative, or executive employee on a
				regular or everyday basis, only if, the agency makes a written documented
				finding that the assignment is critical to the needs and mission of the
				agency.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 9 - TEXAS LOTTERY COMMISSION › Chapter 403 - GENERAL ADMINISTRATION › Section 403.501 - Custody and Use of Criminal History Record Information

Current through Reg. 49, No. 28; July 12, 2024
(a) The term "criminal history record
				information" shall have the meaning provided by Texas Government Code §
									RSA
				411.082.
(b) The Texas Lottery Commission is
				authorized to obtain and maintain criminal history record information by Texas
				Government Code §§
									RSA
				411.083,
				RSA
				411.108,
				RSA
				466.201, and as otherwise necessarily implied
				by the statutory requirements of the Texas State Lottery Act and the Bingo
				Enabling Act.
(c) Access to
				criminal history record information maintained by the Texas Lottery Commission
				will be limited to the following persons:
(1)
				Commissioners of the Texas Lottery Commission;
(2) the Executive Director or Deputy
				Executive Director of the Texas Lottery Commission;
(3) any Attorney employed by the Texas
				Lottery Commission or any Assistant Attorney General representing the interest
				of the Texas Lottery Commission;
(4) employees of the Enforcement Division of
				the Texas Lottery Commission;
(5)
				division directors and employees of divisions authorized to make approvals or
				disapprovals of licenses or other registration based on criminal history
				information; and
(6) any person
				appointed to act on behalf of or in the stead of any of the individuals listed
				in paragraphs (1) - (5) of this subsection. Criminal history record information
				may be used by the above authorized persons in carrying out the official duties
				of the Commission.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 9 - TEXAS LOTTERY COMMISSION › Chapter 403 - GENERAL ADMINISTRATION › Section 403.600 - Complaint Review Process

Current through Reg. 49, No. 28; July 12, 2024
(a)
				Purpose. This section implements §
									RSA 467.111 of the
				Texas Government Code, which requires the commission to maintain a system to
				promptly and efficiently act on each complaint filed with the commission and by
				rule adopt and publish procedures governing the entire complaint process from
				submission to disposition. The Lottery Operations Division shall manage the
				process for all complaints relating to any commission activities, regardless of
				the affected commission division or subject matter. The Lottery Operations
				Division may adopt written procedures to further implement the requirements of
				§467.111 and this section.
(b)
				Complaint Intake. Complaints must be submitted by mail, email, voice mail on a
				dedicated voice mailbox, in person, or fax.
(1) All complaints shall be monitored through
				the complaint tracking system and all jurisdictional complaints will be
				tracked, from initial intake or discovery of the complaint to final
				disposition. A jurisdictional complaint is a complaint which alleges a
				violation of the State Lottery Act (Government Code, Chapter 466), the Bingo
				Enabling Act (Occupations Code, Chapter 2001), commission rules, or any other
				applicable provisions of the Texas Government Code or the Texas Administrative
				Code under which the commission has the authority to interpret and apply the
				law.
(2) The commission shall make
				available information on how to file a complaint on the commission's internet
				website, intranet, at commission claim centers, Bingo regional offices,
				licensed lottery retail locations, bingo playing locations, and the commission
				headquarters.
(3) Commission staff
				shall maintain and monitor a toll-free telephone number during normal working
				hours to assist complainants. Commission staff may also maintain and monitor a
				dedicated voice mailbox to assist with complaint intake.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 9 - TEXAS LOTTERY COMMISSION › Chapter 403 - GENERAL ADMINISTRATION › Section 403.700 - Employee Tuition Reimbursement

Current through Reg. 49, No. 28; July 12, 2024
Tuition reimbursement provides financial assistance to
				  employees who wish to improve or supplement their knowledge and skills by
				  attending classes at accredited colleges, junior colleges, or universities
				  while pursuing a degree plan.
(1)
				Employee Eligibility. An employee must be a regular, full-time employee and
				have been employed at the Commission for at least six (6) months to be eligible
				for tuition reimbursement. Any courses completed before the six-month
				anniversary of an individual's employment date will not be considered eligible.
				An employee who has received a formal disciplinary action is not eligible for
				tuition reimbursement for six months following the date of the
				action.
(2) Relevancy of
				Degrees/Courses. Tuition reimbursement is available for required courses taken
				as part of a degree plan at an accredited institution of higher learning.
				Degree plans may include either undergraduate or graduate programs. Degree
				plans should be directly or substantially related to an employee's current or
				prospective responsibilities, as referenced in career ladder requirements or
				educational requirements stipulated in applicable job descriptions for the
				employee's division. Degree plans beyond the scope of an employee's current
				division assignment must be relevant to the overall needs of the Commission and
				applicable to a specific function within a Commission division.
(3) Procedure for Applying. An employee who
				anticipates applying for tuition reimbursement during a fiscal year must
				complete and forward to their immediate supervisor an Application for Tuition
				Reimbursement form by June 30th of the preceding fiscal year. This form is
				required so that appropriate budget planning and requests may be made. If
				tuition reimbursement applications received exceed the budgeted amount, refunds
				will be paid on a first-come, first-served basis.
(A) The Application For Tuition Reimbursement
				form must be approved by the employee's immediate supervisor, division director
				and the Human Resources Director. A copy of the employee's degree plan should
				be attached to the form.
(B) Once
				approved, the Human Resources Division will forward the application to the
				Executive Director, who has the final decision-making authority to approve or
				deny. After approval or denial, the Executive Director will return the
				application to the Human Resources Division for tracking purposes. The
				application and attachments thereto will be maintained in the Human Resources
				Division. The Human Resources Division will notify the employee and the
				division director of whether the application is approved or denied.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 9 - TEXAS LOTTERY COMMISSION › Chapter 403 - GENERAL ADMINISTRATION › Section 403.701 - Family Leave Pool

Current through Reg. 49, No. 28; July 12, 2024
A family leave pool is established to provide eligible
				  employees more flexibility in bonding and caring for children during a child's
				  first year following birth, adoption, or foster placement, and caring for a
				  seriously ill family member or the employee, including pandemic-related
				  illnesses or complications caused by a pandemic.
(1) The Executive Director of the Commission
				is designated as the pool administrator and may delegate duties to the Human
				Resources Director as needed.
(2)
				The Human Resources Director, with the advice and consent of the Executive
				Director, will establish operating procedures consistent with the requirements
				of this section and relevant law governing operation of the pool.
(3) Donations to the pool are strictly
				voluntary.
Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 9 - TEXAS LOTTERY COMMISSION › Chapter 403 - GENERAL ADMINISTRATION › Section 403.800 - Savings Incentive Program

Current through Reg. 49, No. 28; July 12, 2024
(a)
				Purpose. This section implements Chapter 2108 of the Texas Government Code,
				which requires state agencies to provide notice to the comptroller of savings
				realized from appropriated undedicated general revenue and to retain a portion
				of the amounts verified by the comptroller. The Charitable Bingo Operations
				Division is funded by general revenue. However, the Bingo program is supported
				by fees and the commission does not foresee retaining any general revenue
				savings at this time. However, consistent with the statute, this section will
				govern any potential future savings realized from appropriated undedicated
				general revenue.
(b) Retention of
				Funds. The commission will retain one-half of the amount of savings verified by
				the comptroller.
(c) Use of Funds.
				Of the savings retained by the commission, one-half:
(1) must be used to make additional principal
				payments for general obligation bonds issued by the commission or on behalf of
				the commission by the Texas Public Finance Authority; or
(2) if there are no outstanding general
				obligation bonds issued by the commission or on behalf of the commission by the
				Texas Public Finance Authority, may be used to provide bonuses, distributed
				equally, to each commission employee who:
(A)
				is a current full-time equivalent employee of the commission;
(B) worked for the commission as a full-time
				equivalent employee for the entire fiscal year in which the savings were
				realized; and
(C) is directly
				responsible for or worked in a department, office, or other division within the
				commission that is responsible for the savings realized.
(3) If the amount of savings verified by the
				comptroller, expressed as a percentage of the total amount of undedicated
				general revenue derived from nonfederal sources appropriated to the commission
				for the fiscal year in which the savings were realized, is:
(A) less than three percent, a bonus
				described by subsection (c)(2) of this section may not exceed $250;
(B) at least three percent but less than five
				percent, a bonus described by subsection (c)(2) of this section may not exceed
				$500;
(C) at least five percent but
				less than 10 percent, a bonus described by subsection (c)(2) of this section
				may not exceed $750; and
(D) 10
				percent or more, a bonus described by subsection (c)(2) of this section may not
				exceed $1,000.
(4) The
				commission may not provide a bonus under subsection (c)(2) of this section to a
				commission employee who serves in a director-level position, including the
				executive director.
Texas Administrative Code › Title 19 - EDUCATION › Part 1 - TEXAS HIGHER EDUCATION COORDINATING BOARD › Chapter 1 - AGENCY ADMINISTRATION › Subchapter A - GENERAL PROVISIONS › Section 1.1 - Dates for Regular Quarterly Meetings of the Board

Current through Reg. 49, No. 28; July 12, 2024
Regular quarterly meetings of the Coordinating Board,
					 hereinafter referred to as the Board, will be held in January, April, July, and
					 October, with the understanding that the chair may at a regular quarterly
					 meeting, alter the date of a subsequent meeting.
Texas Administrative Code › Title 19 - EDUCATION › Part 1 - TEXAS HIGHER EDUCATION COORDINATING BOARD › Chapter 1 - AGENCY ADMINISTRATION › Subchapter A - GENERAL PROVISIONS › Section 1.2 - Authority of the Commissioner to Interpret Rules

Current through Reg. 49, No. 28; July 12, 2024
Except as otherwise provided, no provisions of Board rules
					 shall be deemed exhaustive of the jurisdiction of the Commissioner of Higher
					 Education, hereinafter referred to as the Commissioner. The Commissioner shall
					 have the responsibility to interpret Board rules whenever interpretation is
					 necessary so that the business of the Board may move along with order and
					 expediency.
Texas Administrative Code › Title 19 - EDUCATION › Part 1 - TEXAS HIGHER EDUCATION COORDINATING BOARD › Chapter 1 - AGENCY ADMINISTRATION › Subchapter A - GENERAL PROVISIONS › Section 1.3 - Educational Data

Current through Reg. 49, No. 28; July 12, 2024
To enable the Board to comply with the requirements of the
					 legislature concerning the collection of data, each public junior and senior
					 institution of higher education shall submit such reports to the Board as may
					 be prescribed by the Educational Data Reporting System.
Texas Administrative Code › Title 19 - EDUCATION › Part 1 - TEXAS HIGHER EDUCATION COORDINATING BOARD › Chapter 1 - AGENCY ADMINISTRATION › Subchapter A - GENERAL PROVISIONS › Section 1.4 - Rules of Order

Current through Reg. 49, No. 28; July 12, 2024
When formal procedures are required in a Board meeting, the
					 meeting shall be conducted under the rules of parliamentary law as set forth in
					 the current edition of Roberts Rules of Order.
Texas Administrative Code › Title 19 - EDUCATION › Part 1 - TEXAS HIGHER EDUCATION COORDINATING BOARD › Chapter 1 - AGENCY ADMINISTRATION › Subchapter A - GENERAL PROVISIONS › Section 1.5 - Coordinating Board Committees

Current through Reg. 49, No. 28; July 12, 2024
(a) The chair of
				  the Board shall appoint committees from the Board's membership as appropriate
				  to conduct the business of the Board and shall designate the chair and vice
				  chair of each committee.
(b) A
				  committee meeting may be called by the committee chair. The designated
				  committee chair shall conduct each committee meeting.
(c) Committees will adopt recommendations on
				  the agenda items for consideration by the Board. In the event a decision cannot
				  be reached by a committee on any agenda item, the Board will consider that
				  agenda item without a recommendation from the committee.
(d) Each member of the Board may participate
				  in all committee meetings. However, only committee members may vote on
				  committee actions.
Texas Administrative Code › Title 19 - EDUCATION › Part 1 - TEXAS HIGHER EDUCATION COORDINATING BOARD › Chapter 1 - AGENCY ADMINISTRATION › Subchapter A - GENERAL PROVISIONS › Section 1.7 - Petition for the Adoption of Rules

Current through Reg. 49, No. 28; July 12, 2024
(a) An
				  interested person by petition to the agency may request the adoption,
				  amendment, or repeal of a rule.
(b)
				  A petition under this section shall be in writing and shall contain:
(1) a specific reference to the agency's
				  statutory authority to enact such a rule;
(2) the chapter and subchapter of the
				  agency's rules in which, in the petitioner's opinion, the rule
				  belongs;
(3) the reason that the
				  petitioner believes the proposed rule is needed or desirable, in narrative
				  form, with sufficient particularity to inform the board and any interested
				  party fully of the facts upon which petitioner relies;
(4) the language that the petitioner proposes
				  for adoption, in the exact form in which the petitioner wishes the rule or
				  rules to be promulgated, published, or adopted;
(5) the petitioner's name, address, phone
				  number, and signature. If the petitioner is represented by an attorney, the
				  attorney shall give his or her bar card number, address, phone number, and fax
				  number.
Texas Administrative Code › Title 19 - EDUCATION › Part 1 - TEXAS HIGHER EDUCATION COORDINATING BOARD › Chapter 1 - AGENCY ADMINISTRATION › Subchapter A - GENERAL PROVISIONS › Section 1.8 - Historically Underutilized Business (HUBs) Program

Current through Reg. 49, No. 28; July 12, 2024
In accordance with the Government Code, §
										2161.003, the Board
					 adopts by reference the rules of the Texas Building and Procurement Commission,
					 found at Title 1 Texas Administrative Code, §§ 111.11-
					 111.28,
					 concerning the Historically Underutilized Business (HUB) Program. For purposes
					 of implementing the GSC rules at the board, references to state agency or
					 agency shall be considered to be a reference to the board.
Texas Administrative Code › Title 19 - EDUCATION › Part 1 - TEXAS HIGHER EDUCATION COORDINATING BOARD › Chapter 1 - AGENCY ADMINISTRATION › Subchapter A - GENERAL PROVISIONS › Section 1.9 - Training for Members of Governing Boards and Board Trustees

Current through Reg. 49, No. 28; July 12, 2024
(a) The Board shall provide a training
				  program for members of institutional governing boards in accordance with
				  provisions set forth in Texas Education Code, §
										61.084
				  and §
										61.0841.
(b) The Board may prescribe an alternative
				  training program for members of governing boards as permitted in §
										61.084.
(c) A registration fee will be paid by
				  training program participants in an amount adequate to cover the costs incurred
				  by the Board and any other state agencies the Board enlists in providing the
				  program. Such amount will be determined prior to each training
				  program.
(d) The Board shall
				  provide, as part of the training program, an intensive short orientation course
				  developed under Texas Education Code, §
										61.0841.
				  The orientation course shall be offered as an online interactive course and may
				  also be offered in the form of a written document or in a one-on-one or group
				  setting.
(e) A governing board
				  member of an institution of higher education who holds an appointive position
				  must attend such intensive short orientation course developed under Texas
				  Education Code §
										61.0841
				  as well as any available training course sponsored or coordinated by the Office
				  of the Governor with a curriculum designed for training newly appointed state
				  officers, board members, or high-level executive officials. A governing board
				  member holding an appointive position must attend those courses the first time
				  they are offered following the date the member takes the oath of office. A
				  governing board member may have additional time to attend such courses if the
				  member for good cause is unable to attend the courses the first time they are
				  offered.
(f) Any member of the
				  governing board of an institution of higher education who holds an appointive
				  position and whose first year of service on the governing board begins on or
				  after January 1, 2016, shall not vote on a budgetary or personnel matter
				  related to system administration or institutions of higher education until the
				  member completes the intensive short orientation course developed under Texas
				  Education Code, §
										61.0841.
(g) The Board is responsible for documenting
				  governing board members' completion of the training program
				  requirements.
Texas Administrative Code › Title 19 - EDUCATION › Part 1 - TEXAS HIGHER EDUCATION COORDINATING BOARD › Chapter 1 - AGENCY ADMINISTRATION › Subchapter A - GENERAL PROVISIONS › Section 1.10 - Administration of the Open Records Act

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				  agency requires that all public information requests be in writing unless there
				  are special circumstances. The Commissioner or his or her designee may
				  determine whether a verbal request may be accepted.
(b) The person handling the request for
				  public information shall review the request and determine what records are
				  requested; who is requesting the records; whether inspection or actual copies
				  of the records are requested; and whether the requested records are open,
				  confidential, or partially open and partially confidential. The Office of
				  General Counsel shall provide assistance in making these
				  determinations.
(c) To the extent
				  possible, the agency shall attempt to accommodate a requestor by providing
				  information in the format requested. For example, if a requestor asks that
				  information be provided on a diskette and the requested information is
				  electronically stored, the agency will provide the information on diskette. The
				  agency is not required to acquire software, hardware, or programming
				  capabilities that it does not already possess to accommodate a particular kind
				  of request except in accordance with the Open Records Act, (Texas Government
				  Code, §
										552.231).
(d) Provision of a copy of public information
				  in the requested medium must not violate the terms of any copyright agreement
				  between the agency and a third party.
(e) Charges for public records shall be made
				  in accordance with the rates established in the rules of the Texas Building and
				  Procurement Commission with the following exceptions:
(1) The agency, at its discretion, may
				  provide public information without charge or at a reduced charge if the waiver
				  or reduction of the charge is in the public interest, because providing the
				  copies primarily benefits the general public, or if the cost for the collection
				  of a charge will exceed the amount of the charge.
(2) The agency may set the price for
				  publications it publishes for public dissemination or it may disseminate them
				  free of charge. This rule does not limit the costs of agency
				  publications.
Texas Administrative Code › Title 19 - EDUCATION › Part 1 - TEXAS HIGHER EDUCATION COORDINATING BOARD › Chapter 1 - AGENCY ADMINISTRATION › Subchapter A - GENERAL PROVISIONS › Section 1.11 - Protest Procedures for Resolving Vendor Protests Relating to Purchasing Issues

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 Deputy Commissioner for Agency Operations and Communications (Deputy
				  Commissioner). Such protests must be in writing and received in the Deputy
				  Commissioner's office within 10 working days after such aggrieved person knows,
				  or reasonably should have known, of the occurrence of the action which is
				  protested, unless the director finds that good cause for delay is shown, or
				  determines that a protest or appeal raises issues significant to the agency's
				  procurement practices or procedures.
(b) Formal protests must conform to the
				  requirements of this subsection and subsection (d) of this section. Copies of
				  the protest must be mailed or delivered by the protestant to the other
				  interested parties. For the purposes of this section, "interested parties" are
				  all vendors who have submitted bids or proposals for the contract involved.
				  Names and addresses of all interested parties may be obtained by sending a
				  written request for this information to the Deputy Commissioner.
(c) In the event of a timely protest or
				  appeal under this section, the agency shall not proceed further with the
				  solicitation or with the award of the contract unless the Deputy Commissioner
				  makes a written determination that the expeditious award of contract is
				  necessary to protect substantial interests of the state. A copy of this
				  determination shall be mailed to the protestant.
(d) A formal protest petition must be sworn
				  and must 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 other interested parties.
Texas Administrative Code › Title 19 - EDUCATION › Part 1 - TEXAS HIGHER EDUCATION COORDINATING BOARD › Chapter 1 - AGENCY ADMINISTRATION › Subchapter A - GENERAL PROVISIONS › Section 1.12 - Foreign Travel

Current through Reg. 49, No. 28; July 12, 2024
Appropriated funds may not be used to pay expenses for a
					 trip to foreign countries, except for Canada and Mexico, unless the Board has
					 approved the travel before departure. The Board delegates the authority to
					 approve foreign travel to the Commissioner of Higher Education. The
					 Commissioner shall report annually to the Governor's Office of Budget and
					 Planning and the Legislative Budget Board on all foreign travel and the
					 required approvals.
Texas Administrative Code › Title 19 - EDUCATION › Part 1 - TEXAS HIGHER EDUCATION COORDINATING BOARD › Chapter 1 - AGENCY ADMINISTRATION › Subchapter A - GENERAL PROVISIONS › Section 1.13 - Internal Auditor and Compliance Monitoring

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Internal Auditor.
(1) The Board shall appoint
				  an internal auditor.
(2) The
				  internal auditor shall report directly to the Board on all matters except for
				  those administrative matters that require the decision of the
				  Commissioner.
(3) The Board shall
				  receive the advice and counsel of the Commissioner regarding matters of
				  termination, discipline, transfer, or reclassification or changes in powers,
				  duties or responsibilities of the internal auditor.
(4) The internal auditor shall develop an
				  annual audit plan, conduct audits as specified in the audit plan and document
				  deviations, and discuss audit reports with the Administration and Financial
				  Planning Committee of the Board.
(5) The internal auditor shall provide all
				  audit reports directly to the Board.
Texas Administrative Code › Title 19 - EDUCATION › Part 1 - TEXAS HIGHER EDUCATION COORDINATING BOARD › Chapter 1 - AGENCY ADMINISTRATION › Subchapter A - GENERAL PROVISIONS › Section 1.14 - Negotiated Rulemaking

Current through Reg. 49, No. 28; July 12, 2024
(a) Definitions.
				  The following words and terms, when used in this section, shall have the
				  following meaning:
(1) Alternative Dispute
				  Resolution coordinator--An agency employee appointed under Subchapter B, §
											1.22
				  of this chapter (relating to Appointment of ADR Coordinator).
(2) Board or agency--Texas Higher Education
				  Coordinating Board.
(3)
				  Commissioner--The Commissioner of Higher Education.
(4) Consensus--The negotiated rulemaking
				  committee has reached consensus on a matter only if the agreement is unanimous,
				  unless the committee has unanimously agreed to define consensus in another
				  manner. The absence or silence of a member at the time the final consensus vote
				  is taken is equivalent to agreement. If consensus is achieved, negotiated
				  rulemaking committee members may not thereafter withdraw their
				  agreement.
(5) Institutions of
				  higher education--As defined in Texas Education Code, §
											61.003.
(6) Private or independent institutions of
				  higher education--As defined in Texas Education Code, §
											61.003.
Texas Administrative Code › Title 19 - EDUCATION › Part 1 - TEXAS HIGHER EDUCATION COORDINATING BOARD › Chapter 1 - AGENCY ADMINISTRATION › Subchapter A - GENERAL PROVISIONS › Section 1.15 - Authority of the Commissioner to Propose Board Rules

Current through Reg. 49, No. 28; July 12, 2024
The Board authorizes the Commissioner to approve proposed
					 Board rules for publication in the
Texas Register.
The
					 Commissioner may refer proposed rules for consideration by Coordinating Board
					 committees established pursuant to §
										1.5
					 of this title (relating to Coordinating Board Committees) or for consideration
					 by the Board.
Texas Administrative Code › Title 19 - EDUCATION › Part 1 - TEXAS HIGHER EDUCATION COORDINATING BOARD › Chapter 1 - AGENCY ADMINISTRATION › Subchapter A - GENERAL PROVISIONS › Section 1.16 - Contracts, Including Grants, for Materials and/or Services

Current through Reg. 49, No. 28; July 12, 2024
(a) The Board delegates to the Commissioner
				  authority to approve and enter into all payable and receivable Agreements,
				  including contracts, grants, and other agreements, and interagency contracts
				  for which the Agreement, inclusive of all amendments, totals $5 million or
				  less.
(1) The Commissioner is authorized to
				  approve and sign all Agreements that total up to $5 million, inclusive of all
				  amendments subject to the notification requirements in paragraph (2) of this
				  subsection.
(2) The Commissioner
				  shall provide written notification to the Board Chair, Board Vice Chair, and
				  Chair of the Agency Operations committee of any Agreement that totals $1
				  million or more, inclusive of all amendments, prior to execution of the
				  Agreement.
(3) For each contract
				  for the purchase of goods or services that has a value exceeding $1 million,
				  there must be contract reporting requirements that provide information on the
				  following:
(A) compliance with financial
				  provisions and delivery schedules under the contract;
(B) corrective action plans required under
				  the contract and the status of any active corrective action plan; and
(C) any liquidated damages assessed or
				  collected under the contract.
(D)
				  Verification is required of:
(i) the accuracy
				  of any information reported under this subsection that is based on information
				  provided by a contractor; and
(ii)
				  the delivery time of goods or services scheduled for delivery under the
				  contract.
Texas Administrative Code › Title 19 - EDUCATION › Part 1 - TEXAS HIGHER EDUCATION COORDINATING BOARD › Chapter 1 - AGENCY ADMINISTRATION › Subchapter A - GENERAL PROVISIONS › Section 1.17 - Authority of the Commissioner to Provide Direct Supervision of the Education Research Centers

Current through Reg. 49, No. 28; July 12, 2024
The Board authorizes the Commissioner to provide direct
					 supervision of the Education Research Centers created by Texas Education Code
					 §
										1.005.