PART 1. COMPTROLLER OF PUBLIC ACCOUNTS
CHAPTER 9. PROPERTY TAX ADMINISTRATION
SUBCHAPTER O. TEXAS JOBS, ENERGY, TECHNOLOGY AND INNOVATION PROGRAM
The Comptroller of Public Accounts adopts amendments to §9.5004, concerning application process, and adopts new §9.5013, concerning hearings, without changes to the proposed text as published in the May 31, 2024, issue of the Texas Register (49 TexReg 3916). The rules will not be republished.
This implements aspects of the Texas Jobs, Energy, Technology and Innovation Act ("Act") set forth in Government Code, Subchapter T, Chapter 403, which was enacted by House Bill 5, 88th Legislature, R.S., 2023.
The amendment to §9.5004 deletes subsection (e) to permit the information described by Government Code, §403.622(a) to be posted on the comptroller's website before a determination on administrative completeness. The subsequent paragraphs are relettered accordingly.
New §9.5013 outlines the applicable hearing procedures under the Act.
The comptroller did not receive any comments regarding adoption of the amendment and new section.
The new section and amendments are adopted under Government Code, §403.623, which permits the comptroller to adopt rules regarding the Texas Jobs, Energy, Technology and Innovation Act as necessary to implement that chapter.
The new section and amendments implement Government Code, Chapter 403.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on July 9, 2024.
TRD-202403026
Victoria North
General Counsel for Fiscal Agency Affairs
Comptroller of Public Accounts
Effective date: July 29, 2024
Proposal publication date: May 31, 2024
For further information, please call: (512) 475-2220
SUBCHAPTER B. PUBLIC PROCUREMENT AUTHORITY AND ORGANIZATION
DIVISION 3. CONTRACT MANAGEMENT GUIDE AND TRAINING
The Comptroller of Public Accounts adopts an amendment to §20.133, concerning training and certification program, without changes to the proposed text as published in the May 17, 2024, issue of the Texas Register (49 TexReg 3485). The rule will not be republished.
The comptroller amends this section to assist state agencies so that they may fulfill their purchasing functions and contract development obligations. The comptroller is responding to the workforce shortage in this career field. Many state agencies rely on contractors and temporary workers to perform purchasing functions. However, without the means to obtain the proper credentials, these contractors and temporary workers are limited in their ability to perform their assigned duties. This amendment is designed to close this gap. Thus, the amendment should increase the number of workers with these vital credentials; create opportunities for these workers to obtain full-time state employment in this career field; and increase the likelihood of retention of these valuable talents and skills for the State of Texas.
This amendment adds a definition of contractor in subsection (b). The amendment of subsection (c)(1) requires contractors retained by a state agency to perform purchasing functions to complete the Statewide Procurement Division's (SPD's) Texas Purchasing Course. In addition, the amendment of subsection (c)(2)(A) requires contractors retained by a state agency to perform contract development functions to become certified as Certified Texas Contract Developers. The amendment of subsection (c)(2)(A) will also correct a minor grammatical error. Finally, the amendment of subsection (d) provides direction to the SPD Director to decide when contractors may obtain such training and certification.
The comptroller did not receive any comments regarding adoption of the amendment.
This amendment is adopted under Government Code, §656.051(a), which grants to the comptroller the authority to establish and offer appropriate training to vendors on a cost recovery basis, as well as the authority to adopt rules to administer Section 656.051. The amendment is also adopted under Government Code, §656.054(a), which requires the comptroller to develop training programs under the State Employees Training Act that meet the needs of state agencies.
The amendment implements Government Code, §656.051 and §656.054.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on July 10, 2024.
TRD-202403043
Don Neal
General Counsel, Operations and Support Legal Services
Comptroller of Public Accounts
Effective date: July 30, 2024
Proposal publication date: May 17, 2024
For further information, please call: (512) 475-2220
The Comptroller of Public Accounts adopts the amendment to §20.157, concerning adherence to ethical standards, without changes to the proposed text as published in the May 17, 2024, issue of the Texas Register (49 TexReg 3488). The rule will not be republished.
This amendment will require that contractors retained by a state agency to perform purchasing functions or to perform contract development functions must adhere to the same ethical standards required of comptroller employees, and must also avoid all conflicts of interest in their purchasing activities.
Many state agencies rely on contractors and temporary workers to perform purchasing functions. The comptroller amends this section because it is in the public's interest that contractors working in the state public procurement arena in Texas be held to the same ethical standards as comptroller employees.
Contemporaneous with this adoption, the comptroller is adopting an amendment of §20.133, concerning training and certification program. Under that amendment, contractors retained by a state agency to perform purchasing functions must complete the Statewide Procurement Division's (SPD's) Basic Texas Purchaser Course and contractors retained by a state agency to perform contract development functions must become certified as Certified Texas Contract Developers.
The comptroller did not receive any comments regarding adoption of the amendment.
This amendment is adopted under Government Code, §656.051(a), which grants the comptroller the authority to establish and offer appropriate training to vendors, including ethics training, on a cost recovery basis, as well as the authority to adopt rules to administer Government Code, §656.051. The amendment is also adopted under Government Code, §656.054(a), which requires the comptroller to develop training programs under the State Employees Training Act that meet the needs of state agencies.
The amendment implements Government Code, §656.051 and §656.054.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on July 10, 2024.
TRD-202403044
Don Neal
General Counsel, Operations and Support Legal Services
Comptroller of Public Accounts
Effective date: July 30, 2024
Proposal publication date: May 17, 2024
For further information, please call: (512) 475-2220