reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 69 - PROCUREMENT › Subchapter A - PROCEDURES FOR VENDOR PROTESTS OF PROCUREMENTS › Section 69.4 - Appeal

Current through Reg. 49, No. 28; July 12, 2024
(a) A protesting
				  party or any other interested party who is not satisfied with the determination
				  of the Director may appeal the determination to the First Assistant. The appeal
				  must be submitted in writing to the First Assistant and received in the office
				  of the First Assistant no later than ten working days after the date of the
				  Director's determination.
(b) The
				  appealing party must mail or deliver copies of the appeal to all other
				  interested parties. The appeal must contain an affidavit that such copies have
				  been provided.
(c) Upon receipt of
				  a timely appeal that conforms with this subchapter, the First Assistant may
				  designate one or more employees of the Office of the Attorney General to review
				  the protest, the determination of the Director, and the appeal with respect to
				  the protest. The designee(s) will prepare and submit to the First Assistant a
				  written recommendation regarding the appeal.
(d) The written decision of the First
				  Assistant shall be the final administrative action of the agency regarding the
				  protest and appeal.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 69 - PROCUREMENT › Subchapter A - PROCEDURES FOR VENDOR PROTESTS OF PROCUREMENTS › Section 69.5 - Failure to File Timely

Current through Reg. 49, No. 28; July 12, 2024
Protests and appeals which are not filed timely will not be
					 considered, unless good cause for delay is shown or the First Assistant
					 determines that a protest or appeal raises issues significant to the agency's
					 procurement practices or procedures.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 69 - PROCUREMENT › Subchapter A - PROCEDURES FOR VENDOR PROTESTS OF PROCUREMENTS › Section 69.6 - Status of Procurement During Protest and Appeal

Current through Reg. 49, No. 28; July 12, 2024
If the contract being protested has not been awarded, upon
					 the timely filing of a protest or appeal under these procedures, the Attorney
					 General shall not proceed further with the solicitation or award of the
					 contract unless the First Assistant, in consultation with the affected
					 division(s) of the Attorney General, makes a written determination that the
					 award of the contract without delay is necessary to protect substantial
					 interests of the State of Texas.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 69 - PROCUREMENT › Subchapter A - PROCEDURES FOR VENDOR PROTESTS OF PROCUREMENTS › Section 69.7 - Standards for Maintaining Documentation

Current through Reg. 49, No. 28; July 12, 2024
The Attorney General will maintain all documentation about
					 the purchasing process to be used in the event of a protest or appeal in
					 accordance with the Attorney General's agency retention
					 schedule.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 69 - PROCUREMENT › Subchapter B - HISTORICALLY UNDERUTILIZED BUSINESS PROGRAM › Section 69.25 - Historically Underutilized Business Program

Current through Reg. 49, No. 28; July 12, 2024
In accordance with Texas Government Code, §
										RSA
					 2161.003, the OAG adopts by reference the
					 Comptroller of Public Accounts' rules found at 34 TAC, Part 1 Comptroller of
					 Public Accounts, Chapter 20 Statewide Procurement and Support Services,
					 Subchapter D Socio-Economic Program, Division 1 Historically Underutilized
					 Businesses.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 69 - PROCUREMENT › Subchapter C - MANAGEMENT OF VEHICLES › Section 69.35 - State Vehicle Management Plan

Current through Reg. 49, No. 28; July 12, 2024
To the extent applicable, the agency adopts the State
					 Vehicle Management Plan developed by the Comptroller of Public Accounts' Office
					 of Vehicle Fleet Management.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 69 - PROCUREMENT › Subchapter C - MANAGEMENT OF VEHICLES › Section 69.36 - Restrictions on Assignment of Vehicles

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Each agency vehicle, with the exception of a vehicle assigned to a field
				  employee or a vehicle used for undercover and/or surveillance activities, shall
				  be assigned to the agency motor pool and be available for check-out.
(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 determination that the assignment is
				  critical to the needs and mission of the agency.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 69 - PROCUREMENT › Subchapter C - MANAGEMENT OF VEHICLES › Section 69.45 - Exemption from Vehicle Inscription Requirement

Current through Reg. 49, No. 28; July 12, 2024
(a) State-owned motor vehicles under the
				  control and custody of the Attorney General shall be exempt from the vehicle
				  inscription requirement set out in Texas Transportation Code §
										RSA
				  721.002 if used primarily for any of the
				  following purposes:
(1) civil or criminal
				  investigations; or
(2)
				  transportation of the Attorney General.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 69 - PROCUREMENT › Subchapter D - CONTRACT MONITORING › Section 69.55 - Identification and Escalation of Contracts that Require Enhanced Contract or Performance Monitoring

Current through Reg. 49, No. 28; July 12, 2024
(a) The agency
				  will complete a risk assessment to identify contracts that require enhanced
				  contract or performance monitoring;
(b) Information on these contracts will be
				  reported to the First Assistant Attorney General . The First Assistant Attorney
				  General will be notified immediately of any serious issue or risk that is
				  identified with respect to such a contract.
(c) This subchapter does not apply to a
				  memorandum of understanding, interagency contract, interlocal agreement, or
				  contract for which there is not a cost.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 70 - COST OF COPIES OF PUBLIC INFORMATION › Section 70.1 - Purpose

Current through Reg. 49, No. 28; July 12, 2024
(a) The Office of
				the Attorney General (the ''Attorney General'') must:
(1) Adopt rules for use by each governmental
				body in determining charges under Texas Government Code, Chapter 552 (Public
				Information) Subchapter F (Charges for Providing Copies of Public
				Information);
(2) Prescribe the
				methods for computing the charges for copies of public information in paper,
				electronic, and other kinds of media; and
(3) Establish costs for various components of
				charges for public information that shall be used by each governmental body in
				providing copies of public information.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 70 - COST OF COPIES OF PUBLIC INFORMATION › Section 70.2 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in these sections,
				  shall have the following meanings, unless the context clearly indicates
				  otherwise.
(1) Actual cost--The sum of
				all direct costs plus a proportional share of overhead or indirect costs.
				Actual cost should be determined in accordance with generally accepted
				methodologies.
(2) Client/Server
				System--A combination of two or more computers that serve a particular
				application through sharing processing, data storage, and end-user interface
				presentation. PCs located in a LAN environment containing file servers fall
				into this category as do applications running in an X-window environment where
				the server is a UNIX based system.
(3) Attorney General--The Office of the
				Attorney General of Texas.
(4)
				Governmental Body--An entity as defined by §
									RSA
				552.003 of the Texas Government
				Code.
(5) Mainframe Computer--A
				computer located in a controlled environment and serving large applications
				and/or large numbers of users. These machines usually serve an entire
				organization or some group of organizations. These machines usually require an
				operating staff. IBM and UNISYS mainframes, and large Digital VAX 9000 and VAX
				Clusters fall into this category.
(6) Midsize Computer--A computer smaller than
				a Mainframe Computer that is not necessarily located in a controlled
				environment. It usually serves a smaller organization or a sub-unit of an
				organization. IBM AS/400 and Digital VAX/VMS multi-user single-processor
				systems fall into this category.
(7) Nonstandard copy--Under §70.1
				through §
									RSA
				70.11 of this title, a copy of public
				information that is made available to a requestor in any format other than a
				standard paper copy. Microfiche, microfilm, diskettes, magnetic tapes, CD-ROM
				are examples of nonstandard copies. Paper copies larger than 8 1/2 by 14 inches
				(legal size) are also considered nonstandard copies.
(8) PC--An IBM compatible PC, Macintosh or
				Power PC based computer system operated without a connection to a
				network.
(9) Standard paper
				copy--Under §70.1 through §
									RSA
				70.11 of this title, a copy of public
				information that is a printed impression on one side of a piece of paper that
				measures up to 8 1/2 by 14 inches. Each side of a piece of paper on which
				information is recorded is counted as a single copy. A piece of paper that has
				information recorded on both sides is counted as two copies.
(10) Archival box--A carton box measuring
				approximately 12.5" width x 15.5" length x 10" height, or able to contain
				approximately 1.5 cubic feet in volume.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 70 - COST OF COPIES OF PUBLIC INFORMATION › Section 70.3 - Charges for Providing Copies of Public Information

Current through Reg. 49, No. 28; July 12, 2024
(a) The charges in this section to recover
				costs associated with providing copies of public information are based on
				estimated average costs to governmental bodies across the state. When actual
				costs are 25% higher than those used in these rules, governmental bodies other
				than agencies of the state, may request an exemption in accordance with §
									RSA 70.4
				of this title (relating to Requesting an Exemption).
(b) Copy charge.
(1) Standard paper copy. The charge for
				standard paper copies reproduced by means of an office machine copier or a
				computer printer is $.10 per page or part of a page. Each side that has
				recorded information is considered a page.
(2) Nonstandard copy. The charges in this
				subsection are to cover the materials onto which information is copied and do
				not reflect any additional charges, including labor, that may be associated
				with a particular request. The charges for nonstandard copies are:
(A) Diskette--$1.00;
(B) Magnetic tape--actual cost
(C) Data cartridge--actual cost;
(D) Tape cartridge--actual cost;
(E) Rewritable CD (CD-RW)--$1.00;
(F) Non-rewritable CD
				(CD-R)--$1.00;
(G) Digital video
				disc (DVD)--$3.00;
(H) JAZ
				drive--actual cost;
(I) Other
				electronic media--actual cost;
(J)
				VHS video cassette--$2.50;
(K)
				Audio cassette--$1.00;
(L) Oversize
				paper copy (e.g.: 11 inches by 17 inches, greenbar, bluebar, not including maps
				and photographs using specialty paper--See also §
											RSA
				70.9 of this title)--$.50;
(M) Specialty paper (e.g.: Mylar, blueprint,
				blueline, map, photographic--actual cost.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 70 - COST OF COPIES OF PUBLIC INFORMATION › Section 70.4 - Requesting an Exemption

Current through Reg. 49, No. 28; July 12, 2024
(a) Pursuant to
				§552.262(c) of the Public Information Act, a governmental body may request
				that it be exempt from part or all of these rules.
(b) State agencies must request an exemption
				if their charges to recover costs are higher than those established by these
				rules.
(c) Governmental bodies,
				other than agencies of the state, must request an exemption before seeking to
				recover costs that are more than 25% higher than the charges established by
				these rules.
(d) an exemption
				request must be made in writing, and must contain the following elements:
(1) A statement identifying the subsection(s)
				of these rules for which an exemption is sought;
(2) The reason(s) the exemption is
				requested;
(3) A copy of the
				proposed charges;
(4) The
				methodology and figures used to calculate/compute the proposed
				charges;
(5) Any supporting
				documentation, such as invoices, contracts, etc.; and
(6) The name, title, work address, and phone
				number of a contact person at the governmental body.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 70 - COST OF COPIES OF PUBLIC INFORMATION › Section 70.5 - Access to Information Where Copies Are Not Requested

Current through Reg. 49, No. 28; July 12, 2024
(a) Access to information in standard paper
				form. A governmental body shall not charge for making available for inspection
				information maintained in standard paper form. Charges are permitted only where
				the governmental body is asked to provide, for inspection, information that
				contains mandatory confidential information and public information. When such
				is the case, the governmental body may charge to make a copy of the page from
				which information must be edited. No other charges are allowed except as
				follows:
(1) The governmental body has 16 or
				more employees and the information requested takes more than five hours to
				prepare the public information for inspection; and
(A) Is older than five years; or
(B) Completely fills, or when assembled will
				completely fill, six or more archival boxes.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 70 - COST OF COPIES OF PUBLIC INFORMATION › Section 70.6 - Format for Copies of Public Information

Current through Reg. 49, No. 28; July 12, 2024
(a)
				If a requesting party asks that information be provided on computer-compatible
				media of a particular kind, and the requested information is electronically
				stored and the governmental body has the capability of providing it in that
				format and it is able to provide it at no greater expense or time, the
				governmental body shall provide the information in the requested
				format.
(b) The extent to which a
				requestor can be accommodated will depend largely on the technological
				capability of the governmental body to which the request is made.
(c) A governmental body is not required to
				purchase any hardware, software or programming capabilities that it does not
				already possess to accommodate a particular kind of request.
(d) Provision of a copy of public information
				in the requested medium shall not violate the terms of any copyright agreement
				between the governmental body and a third party.
(e) if the governmental body does not have
				the required technological capabilities to comply with the request in the
				format preferred by the requestor, the governmental body shall proceed in
				accordance with §552.228(c) of the Public Information Act.
(f) If a governmental body receives a request
				requiring programming or manipulation of data, the governmental body should
				proceed in accordance with §552.231 of the Public Information Act.
				Manipulation of data under §552.231 applies only to information stored in
				electronic format.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 70 - COST OF COPIES OF PUBLIC INFORMATION › Section 70.7 - Estimates and Waivers of Public Information Charges

Current through Reg. 49, No. 28; July 12, 2024
(a) A governmental body is required to
				provide a requestor with an itemized statement of estimated charges if charges
				for copies of public information will exceed $40, or if a charge in accordance
				with §
									RSA
				70.5 of this title (relating to Access to
				Information Where Copies Are Not Requested) will exceed $40 for making public
				information available for inspection. The itemized statement of estimated
				charges is to be provided before copies are made to enable requestors to make
				the choices allowed by the Act. A governmental body that fails to provide the
				required statement may not collect more than $40. The itemized statement must
				be provided free of charge and shall contain the following information:
(1) The itemized estimated charges, including
				any allowable charges for labor, overhead, copies, etc.;
(2) Whether a less costly or no-cost way of
				viewing the information is available;
(3) A statement that the requestor must
				respond in writing by mail, in person, by facsimile if the governmental body is
				capable of receiving such transmissions, or by electronic mail, if the
				governmental body has an electronic mail address;
(4) A statement that the request will be
				considered to have been automatically withdrawn by the requestor if a written
				response from the requestor is not received within ten business days after the
				date the statement was sent, in which the requestor states that the requestor:
(A) Will accept the estimated
				charges;
(B) Is modifying the
				request in response to the itemized statement; or
(C) Has sent to the Attorney General a
				complaint alleging that the requestor has been overcharged for being provided
				with a copy of the public information.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 70 - COST OF COPIES OF PUBLIC INFORMATION › Section 70.8 - Processing Complaints of Overcharges

Current through Reg. 49, No. 28; July 12, 2024
(a) Pursuant to §
									RSA
				552.269(a) of the Texas
				Government Code, requestors who believe they have been overcharged for a copy
				of public information may complain to the Attorney General.
(b) The complaint must be in writing, and
				must:
(1) Set forth the reason(s) the person
				believes the charges are excessive;
(2) Provide a copy of the original request
				and a copy of any correspondence from the governmental body stating the
				proposed charges; and
(3) Be
				received by the Attorney General within 10 business days after the person knows
				of the occurrence of the alleged overcharge.
(4) Failure to provide the information listed
				within the stated timeframe will result in the complaint being
				dismissed.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 70 - COST OF COPIES OF PUBLIC INFORMATION › Section 70.9 - Examples of Charges for Copies of Public Information

Current through Reg. 49, No. 28; July 12, 2024
The following tables present a few examples of the
				  calculations of charges for information:
(1) TABLE 1 (Fewer than 50 pages of paper
				records): $.10 per copy x number of copies (standard-size paper copies); +
				Labor charge (if applicable); + Overhead charge (if applicable); + Document
				retrieval charge (if applicable); + Postage and shipping (if applicable) = $
				TOTAL CHARGE.
(2) TABLE 2 (More
				than 50 pages of paper records or nonstandard copies): $.10 per copy x number
				of copies (standard-size paper copies), or cost of nonstandard copy (e.g.,
				diskette, oversized paper, etc.); + Labor charge (if applicable); + Overhead
				charge (if applicable); + Document retrieval charge (if applicable); + Actual
				cost of miscellaneous supplies (if applicable); + Postage and shipping (if
				applicable) = $ TOTAL CHARGE.
(3)
				TABLE 3 (Information that Requires Programming or Manipulation of Data): Cost
				of copy (standard or nonstandard, whichever applies); + Labor charge; +
				Overhead charge; + Computer resource charge; + Programming time (if
				applicable); + Document retrieval charge (if applicable); + Actual cost of
				miscellaneous supplies (if applicable); + Postage and shipping (if applicable)
				= $ TOTAL CHARGE.
(4) TABLE 4
				(Maps): Cost of paper (Cost of Roll/Avg. # of Maps); + Cost of Toner (Black or
				Color, # of Maps per Toner Cartridge); + Labor charge (if applicable); +
				Overhead charge (if applicable) + Plotter/Computer resource Charge; + Actual
				cost of miscellaneous supplies (if applicable); + Postage and shipping (if
				applicable) = $ TOTAL CHARGE.
(5)
				TABLE 5 (Photographs): Cost of Paper (Cost of Sheet of Photographic Paper/Avg.
				# of Photographs per Sheet); + Developing/Fixing Chemicals (if applicable); +
				Labor charge (if applicable); + Overhead charge (if applicable); + Postage and
				shipping (if applicable) = $ TOTAL CHARGE.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 70 - COST OF COPIES OF PUBLIC INFORMATION › Section 70.10 - The Attorney General Charge Schedule

Current through Reg. 49, No. 28; July 12, 2024
The following is a summary of the charges for copies of
				  public information that have been adopted by the Attorney General.
(1) Standard paper copy--$.10 per
				page.
(2) Nonstandard-size copy:
(A) Diskette: $1.00;
(B) Magnetic tape: actual cost;
(C) Data cartridge: actual cost;
(D) Tape cartridge: actual cost;
(E) Rewritable CD (CD-RW)--$1.00;
(F) Non-rewritable CD
				(CD-R)--$1.00;
(G) Digital video
				disc (DVD)--$3.00;
(H) JAZ
				drive--actual cost;
(I) Other
				electronic media--actual cost;
(J)
				VHS video cassette--$2.50;
(K)
				Audio cassette--$1.00;
(L) Oversize
				paper copy (e.g.: 11 inches by 17 inches, greenbar, bluebar, not including maps
				and photographs using specialty paper)--$.50;
(M) Specialty paper (e.g.: Mylar, blueprint,
				blueline, map, photographic)--actual cost.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 70 - COST OF COPIES OF PUBLIC INFORMATION › Section 70.11 - Informing the Public of Basic Rights and Responsibilities under the Public Information Act

Current through Reg. 49, No. 28; July 12, 2024
(a) Pursuant to
				Texas Government Code, Chapter 552, Subchapter D, §552.205, an officer for
				public information shall prominently display a sign in the form prescribed by
				the Attorney General.
(b) The sign
				shall contain basic information about the rights of requestors and
				responsibilities of governmental bodies that are subject to Chapter 552, as
				well as the procedures for inspecting or obtaining a copy of public information
				under said chapter.
(c) The sign
				shall have the minimum following characteristics:
(1) Be printed on plain paper.
(2) Be no less than 8 1/2 inches by 14 inches
				in total size, exclusive of framing.
(3) The sign may be laminated to prevent
				alterations.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 70 - COST OF COPIES OF PUBLIC INFORMATION › Section 70.12 - Allowable Charges Under Sectionof the Texas Government Code

Current through Reg. 49, No. 28; July 12, 2024
(a) A governmental
				body shall utilize the methods established in 1 TAC §
									RSA
				70.3(c) - (e) when
				calculating allowable charges under Section
				RSA
				552.275 of the Texas Government
				Code.
(b) When calculating the
				amount of time spent complying with an individual's public information
				request(s) pursuant to Section
				RSA
				552.275 of the Texas Government Code, a
				governmental body may not include time spent on:
(1) Determining the meaning and/or scope of
				the request(s);
(2) Requesting a
				clarification from the requestor;
(3) Comparing records gathered from different
				sources;
(4) Determining which
				exceptions to disclosure under Chapter 552 of the Texas Government Code, if
				any, may apply to information that is responsive to the request(s);
(5) Preparing the information and/or
				correspondence required under Sections 552.301, 552.303, and 552.305 of the
				Government Code;
(6) Reordering,
				reorganizing, or in any other way bringing information into compliance with
				well established and generally accepted information management practices;
				or
(7) Providing instruction to, or
				learning by, employees or agents of the governmental body of new practices,
				rules, and/or procedures, including the management of electronic
				records.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 3 - OFFICE OF THE ATTORNEY GENERAL › Chapter 70 - COST OF COPIES OF PUBLIC INFORMATION › Section 70.13 - Fee for Obtaining Copy of Body Worn Camera Recording

Current through Reg. 49, No. 28; July 12, 2024
(a) This section
				provides the fee for obtaining a copy of body worn camera recording pursuant to
				§ 1701.661 of the Government Code.
(1)
				Section 1701.661 of the Government Code is the sole authority under which a
				copy of a body worn camera recording may be obtained from a law enforcement
				agency under the Public Information Act, Chapter 552 of the Government Code,
				and no fee for obtaining a copy of a body worn camera recording from a law
				enforcement agency may be charged unless authorized by this section.
(2) This section does not apply to a request,
				or portions of a request, seeking to obtain information other than a copy of a
				body worn camera recording. Portions of a request seeking information other
				than a copy of a body worn camera recording are subject to the charges listed
				in §
										RSA
				70.3 of this chapter.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 71 - GENERAL POLICIES AND PROCEDURES › Subchapter A - PRACTICE AND PROCEDURE › Section 71.1 - Inspection of Public Information

Current through Reg. 49, No. 28; July 12, 2024
(a) Access
				  to documents. Unless otherwise provided by constitutional provision, statutory
				  provision, or judicial decision, all documents on file with the Office of the
				  Secretary of State (Office) are specifically declared to be public record.
(1) Public access to documents on file and
				  maintained on site at an office of the Secretary of State requires the approval
				  and supervision of an authorized Office employee to ensure the security and
				  integrity of the documents.
(2)
				  Documents will be available for examination during regular office hours in a
				  manner that will not interfere with the operation of the Office.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 71 - GENERAL POLICIES AND PROCEDURES › Subchapter A - PRACTICE AND PROCEDURE › Section 71.4 - Receipt of Letters and Papers by FAX

Current through Reg. 49, No. 28; July 12, 2024
Letters and other papers received in the Office of the
					 Secretary of State will be stamped with the date of receipt. The time of day
					 will not be stamped except as established by rule for specific documents. No
					 papers are received on Saturdays, Sundays, or state holidays. Document filings
					 submitted by transmission over a facsimile (FAX) machine to the Office of the
					 Secretary of State on Saturdays, Sundays, state holidays, or after the business
					 hours of 8 a.m. to 5 p.m. will be deemed to be received by the Office of the
					 Secretary of State on the next business day or when actually received by an
					 employee of the secretary of state.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 71 - GENERAL POLICIES AND PROCEDURES › Subchapter A - PRACTICE AND PROCEDURE › Section 71.5 - Electronic Submission of Documents

Current through Reg. 49, No. 28; July 12, 2024
An electronically submitted document is a document meeting
					 the requirements established by each division or section of the Office of the
					 Secretary of State that maintains an electronic filing
					 system.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 71 - GENERAL POLICIES AND PROCEDURES › Subchapter A - PRACTICE AND PROCEDURE › Section 71.7 - Requests to Transmit Documents by FAX Machine; Fee

Current through Reg. 49, No. 28; July 12, 2024
The secretary of state will transmit a form or other
					 document by facsimile or FAX machine. The fee for this service shall be $2.00
					 per page. For purposes of assessing the relevant fee, the cover page or
					 transmittal page of the form or other document will not be counted in
					 determining the number of pages in the document. In addition to the fee
					 specified herein, some documents may be subject to additional fees as set forth
					 in other sections of the administrative rules governing the secretary of
					 state.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 71 - GENERAL POLICIES AND PROCEDURES › Subchapter A - PRACTICE AND PROCEDURE › Section 71.8 - Fees for Copies of Public Information

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 meanings, unless the context clearly indicates otherwise.
(1) Actual Cost--The sum of all direct costs
				  plus a proportional share of overhead, or indirect costs. Actual cost should be
				  determined in accordance with generally accepted methodologies.
(2) Nonstandard copy--A copy of public
				  information that is made available to a requestor in any format other than a
				  standard paper copy. Microfiche, microfilm, diskettes, magnetic tapes, CD-ROM,
				  and nonstandard paper copies are examples of nonstandard copies.
(3) Readily available
				  information--Information that already exists in printed form, or information
				  that is stored electronically and is ready to be printed or copied without
				  requiring any programming, or information that already exists on microfiche or
				  microfilm. Information that requires a substantial amount of time to locate or
				  prepare for release is not readily available information.
(4) Standard copy--A printed impression on
				  one side of a piece of paper that measures up to 8 1/2 by 14 inches. Each side
				  of a piece of paper on which an impression is made is counted as a single copy.
				  A piece of paper that is printed on both sides is counted as two
				  copies.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 71 - GENERAL POLICIES AND PROCEDURES › Subchapter A - PRACTICE AND PROCEDURE › Section 71.9 - Fees; Payment of Money; Refunds

Current through Reg. 49, No. 28; July 12, 2024
(a) Fees and
				  charges payable to the secretary of state are required to be paid in advance,
				  that is, at the time of presenting a document for filing or making a request
				  for information for which a fee or charge is payable.
(b) All payments of money to the secretary of
				  state should be made, except as may otherwise be provided in these sections, in
				  United States specie, treasury notes, national bank notes, post office money
				  orders, or by certified or personal check. Payment tendered in any other form
				  will authorize the Office of the Secretary of State to delay or cancel the
				  credit until collection is made. Money orders and checks must be made payable
				  to the Secretary of State of Texas. Money sent by mail to the Office of the
				  Secretary of State will be at the risk of the sender; letters containing money
				  should be registered.
(c) Money
				  paid by actual mistake or in excess, such as a payment not required by law, is
				  subject to refund. A mere change of purpose after the payment of money, as when
				  a party desires to withdraw a filing, will not entitle a party to a
				  refund.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 71 - GENERAL POLICIES AND PROCEDURES › Subchapter A - PRACTICE AND PROCEDURE › Section 71.10 - Corporations Section Special Services

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Upon the request of any person, the secretary of state will expedite the filing
				  or reviewing of any document submitted to the Corporations Section, except for
				  trademark documents which require a lengthy process of document review. The
				  special handling fee for this service is the fee established by §
										RSA
				  405.032 of the Government Code. With respect
				  to all documents submitted for special handling, the secretary of state will
				  notify the sender in writing or by telephone that the document was filed or the
				  reason why it was not filed. Generally, such notification shall occur before
				  the close of business on the next business day following the document's date of
				  receipt. Unless the document sender provides a telephone number where the
				  sender may be reached between the hours of 8 a.m. and 5 p.m., the secretary of
				  state will not be obligated to telephone the sender regarding the disposition
				  of the filing. Requests for expedited filing or review must be sent to:
				  Secretary of State, Corporations Section, Special Handling, P.O. Box 13697,
				  Austin, Texas 78711-3697.
(b) Upon
				  the request of any person, the secretary of state will expedite the handling of
				  a request for certified copies or certificates of fact. Generally, the
				  expedited order will be processed before the close of the next business day
				  following the date of receipt. The fee for this service is the fee established
				  by §
										RSA
				  405.032 of the Government Code.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 71 - GENERAL POLICIES AND PROCEDURES › Subchapter A - PRACTICE AND PROCEDURE › Section 71.12 - Faxed Filings

Current through Reg. 49, No. 28; July 12, 2024
Documents submitted to the Office of the Secretary of State
					 for filing by transmission using a facsimile (FAX) machine must be accompanied
					 by appropriate payment of any applicable fees. Payment of these fees may be
					 either simultaneously transmitted with the documents or delivered to this
					 office by the close of the same business day. Documents for which the
					 applicable fees have not been received by the secretary of state on the same
					 date of transmission will be returned to the sender without filing by regular
					 mail.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 71 - GENERAL POLICIES AND PROCEDURES › Subchapter A - PRACTICE AND PROCEDURE › Section 71.14 - Credit Card Payment Option

Current through Reg. 49, No. 28; July 12, 2024
(a) Fees
				  payable to the Office of the Secretary of State may be paid with a valid and
				  current American Express, Discover, MasterCard, or VISA or such other credit
				  card specified in the contract then existing between the Office of the
				  Secretary of State, the Comptroller of Public Accounts, and the relevant
				  financial institution.
(b) Unless
				  provided otherwise, fees payable to the Office of the Secretary of State may
				  also be paid through an automated clearinghouse (ACH) debit system account
				  established by an agreement executed between the debit system account applicant
				  and the financial institution under contract to the Office of the Secretary of
				  State and the Comptroller of Public Accounts.
(c) As authorized by §
										RSA
				  405.031 of the Government Code, the Office of
				  the Secretary of State requires users of the credit card payment option via the
				  Internet, facsimile, or telephone to pay the relevant statutory fee or fees
				  plus a convenience fee. The amount to be collected "per credit card
				  transaction" processed via the Internet or by telephone in connection with this
				  payment option is currently set at 2.7% of the total fees incurred. For
				  purposes of this rule, "per credit card transaction" processed via the
				  Internet, facsimile or by telephone shall be defined as simultaneous payment of
				  one or more fees using an American Express, Discover, MasterCard, or VISA or
				  other valid and current credit/debit card designated by the contract(s) then
				  existing between the Office of the Secretary of State, the Comptroller of
				  Public Accounts, and the relevant financial institution. The Office of the
				  Secretary of State shall deposit all fees, including all convenience fees
				  collected under this payment option, in the Texas State treasury.
(d) To utilize this payment option for
				  documents filed with the secretary of state in person or by mail, the document
				  sender must either submit a completed credit card payment form available from
				  the secretary of state or provide the following information in written form:
(1) the name of the credit card being used
				  (American Express, Discover, MasterCard, or VISA or such other card as may be
				  referred to in the contract between the Office of the Secretary of State, the
				  Comptroller of Public Accounts, and the relevant financial
				  institution);
(2) the account
				  number of the credit card;
(3) the
				  expiration date of the credit card;
(4) the signature of the card holder;
				  and
(5) the sum of all fees to be
				  charged.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 71 - GENERAL POLICIES AND PROCEDURES › Subchapter A - PRACTICE AND PROCEDURE › Section 71.16 - Petition for Adoption of Rules

Current through Reg. 49, No. 28; July 12, 2024
(a) Any
				  interested person or agency may petition the Office of the Secretary of State
				  requesting adoption of a rule. Petitions shall be in writing, should be filed
				  with the appropriate division director, and shall comply with the following
				  requirements.
(1) Each petition must state
				  the name and address of the petitioner.
(2) Each petition shall include:
(A) a brief explanation of the proposed
				  rule;
(B) the text of the proposed
				  rule prepared in a manner to indicate the words to be added or deleted from the
				  current text, if any;
(C) a
				  statement of the statutory or other authority under which the rule is proposed
				  to be promulgated; and
(D) an
				  explanation of how the public would benefit by adoption of the proposed rule;
				  and
(E) any information or data
				  showing a need or justification for the proposed rule.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 71 - GENERAL POLICIES AND PROCEDURES › Subchapter B - SERVICE OF PROCESS › Section 71.21 - Service of Process

Current through Reg. 49, No. 28; July 12, 2024
(a) Service on the
				  Secretary. Service of process on the Secretary of State may be accomplished
				  under many of the existing statutory authorities by delivering to the Secretary
				  of State or to any clerk so designated by the secretary of state, two copies of
				  the process. The name and appropriate address of the person being named as
				  defendant must be provided. It is the responsibility of the attorney or person
				  seeking service of process to determine when to obtain and to secure personal
				  service of process upon the Secretary of State.
(b) Forwarding by the Secretary. One copy of
				  the petition and citation will be forwarded by registered or certified mail, as
				  appropriate under the particular statute under which service is being made, to
				  the person named at the address provided.
(c) Certificate of Service. Upon request, the
				  Secretary of State will issue a certificate showing:
(1) That service was accomplished;
(2) That a copy of the process was forwarded
				  to the named defendant at the specified address; and
(3) The disposition of the mailing shown on
				  the postal return receipt.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 71 - GENERAL POLICIES AND PROCEDURES › Subchapter C - PURCHASING PROCEDURES › Section 71.51 - Historically Underutilized Businesses

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  The Secretary of State adopts by reference the rules of the Texas Building and
				  Procurement Commission in 1 Texas Administrative Code, Chapter 111, Subchapter
				  B, §§111.11 - 111.28 (relating to Historically Underutilized Business
				  Certification Program). Certification of a business as a historically
				  underutilized business remains the responsibility of the Building and
				  Procurement Commission.
(b) The
				  adoption of this rule is required by Texas Government Code, §
										RSA
				  2161.003 (as added by the 76th Legislature,
				  effective September 1, 1999).
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 71 - GENERAL POLICIES AND PROCEDURES › Subchapter C - PURCHASING PROCEDURES › Section 71.61 - Protests/Dispute Resolution

Current through Reg. 49, No. 28; July 12, 2024
(a) Any actual or
				  prospective bidder, offeror, or contractor alleging to have been aggrieved in
				  connection with the solicitation, evaluation, or award of a contract may
				  formally protest to the Division Director of the Administrative Services
				  Division (the Director). Such protests must be in writing and received in the
				  Director's office within 10 working days after the protesting party knows, or
				  should have known, of the occurrence of the action, which is protested. Formal
				  protests must conform to the requirements of this subsection and subsection (c)
				  of this section, and shall be resolved in accordance with the procedure set
				  forth in subsections (d) and (e) of this section. Copies of the protest must be
				  mailed or delivered by the protesting party to the agency and other interested
				  parties. For the purposes of this section, "interested parties" means all
				  vendors who have submitted bids or proposals for the contract
				  involved.
(b) In the event of a
				  timely protest or appeal under this section, the Secretary of State's office
				  shall not proceed further with the solicitation or with the award of the
				  contract unless the Director makes a written determination that the award of
				  contract without delay is necessary to protect substantial interests of the
				  state.
(c) A formal protest must be
				  sworn and contain:
(1) a specific
				  identification of the statutory or regulatory provision(s) that the action
				  complained of is alleged to have violated;
(2) a specific description of each act
				  alleged to have violated the statutory or regulatory provision(s) identified in
				  paragraph (1) of this subsection;
(3) a precise statement of the relevant
				  facts;
(4) an identification of the
				  issue or issues to be resolved;
(5)
				  argument and authorities in support of the protest; and
(6) a statement that copies of the protest
				  have been mailed to identifiable interested parties.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 71 - GENERAL POLICIES AND PROCEDURES › Subchapter D - MANAGEMENT OF VEHICLES › Section 71.71 - Management of Vehicles

Current through Reg. 49, No. 28; July 12, 2024
(a) To the extent
				  applicable, the agency adopts the State Vehicle Management Plan as adopted by
				  the Office of Vehicle Fleet Management, under the direction of the Council on
				  Competitive Government, on October 11, 2000.
(b) Restrictions on Assignment of Vehicles.
(1) Each agency vehicle shall be assigned to
				  the agency motor pool and be available for checkout.
(2) 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 determination that the assignment is
				  critical to the needs and mission of the agency.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 71 - GENERAL POLICIES AND PROCEDURES › Subchapter E - NEGOTIATION AND MEDIATION OF CERTAIN CONTRACT DISPUTES › Section 71.81 - Purpose and Application

Current through Reg. 49, No. 28; July 12, 2024
This subchapter governs the negotiation and mediation of a
					 claim of breach of contract asserted by a contractor against a unit of state
					 government under the Government Code, Chapter 2260. This chapter is binding
					 upon units of state government without general rulemaking
					 authority.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 71 - GENERAL POLICIES AND PROCEDURES › Subchapter E - NEGOTIATION AND MEDIATION OF CERTAIN CONTRACT DISPUTES › Section 71.83 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this chapter,
					 shall have the following meaning, unless the context clearly indicates
					 otherwise:
(1) Chief administrative
				  officer--The Secretary of State, Deputy Secretary of State or other executive
				  officer responsible for the day to day operations of a unit of state
				  government.
(2)
				  Contractor--Independent contractor who has entered into a contract directly
				  with a unit of state government. The term does not include:
(A) A contractor's subcontractor, officer,
				  employee, agent, or other person furnishing goods or services to a
				  contractor;
(B) An employee of a
				  unit of state government; or
(C) A
				  student at an institution of higher education.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 71 - GENERAL POLICIES AND PROCEDURES › Subchapter E - NEGOTIATION AND MEDIATION OF CERTAIN CONTRACT DISPUTES › Section 71.85 - Prerequisites to Suit

Current through Reg. 49, No. 28; July 12, 2024
The procedures contained in this chapter are exclusive and
					 required prerequisites to suit under the Civil Practice and Remedies Code,
					 Chapter 107, and the Government Code, Chapter 2260.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 71 - GENERAL POLICIES AND PROCEDURES › Subchapter E - NEGOTIATION AND MEDIATION OF CERTAIN CONTRACT DISPUTES › Section 71.87 - Sovereign Immunity

Current through Reg. 49, No. 28; July 12, 2024
This chapter does not waive a unit of state government's
					 sovereign immunity to suit or liability.