PART 2. TEXAS PARKS AND WILDLIFE DEPARTMENT
CHAPTER 61. DESIGN AND CONSTRUCTION
SUBCHAPTER A. CONTRACTS FOR PUBLIC WORKS
The Texas Parks and Wildlife Commission in a duly noticed meeting on November 7, 2024, adopted an amendment to 31 TAC §61.21, concerning Contracts for Public Works, without changes to the proposed text as published in the October 4, 2024, issue of the Texas Register (49 TexReg 8067). The rule will not be republished.
The amendment delegates authority to the executive director of the department to award "job order contract" jobs, tasks, and purchase orders in excess of $1,000,000 or greater under the provisions of Government Code, Chapter 2269, to qualifying projects. The amendment also delegates authority to the department's Infrastructure Division director and deputy director for awards in excess of $500,000 but not more than $1,000,000.
Under Parks and Wildlife Code, §11.0171, the commission is required to adopt policies and procedures by rule consistent with applicable state procurement practices for soliciting and awarding contracts for project management, design, bid, and construction administration consistent with the provisions of Subchapter A, Chapter 2254, Government Code.
Under Government Code, §2269.401, "job order contracting" is a procurement method used for maintenance, repair, alteration, renovation, remediation, or minor construction of a facility when the work is of a recurring nature but the delivery times, type, and quantities of work required are indefinite. Government Code, §2269.403, requires the governing body of a governmental entity to approve each job, task, or purchase order under a blanket job order contract that exceeds $500,000 in value. The legislature established the statutory threshold of $500,000 many years ago. Since then, the planning, procurement, and construction costs for maintenance activities have increased to the extent that projects in excess of $500,000 in value are now numerous and commonplace. Government Code, §2269.053, provides that a governing body of a governmental entity may delegate its authority under Chapter 2269 regarding an action authorized or required by that chapter to a designated representative, committee, or other person. To reduce the amount of time for project delivery, the department believes it is both helpful and prudent to create an alternative to the cumbersome and time-consuming process of presenting every minor construction/repair project to the commission for funding approval.
Accordingly, new §61.21(c) delegates authority to the executive director of the department to award job order contract jobs, tasks, and purchase orders of $1,000,000 or greater under the provisions of Government Code, Chapter 2269, to qualifying projects.
New 61.21(d) delegates authority to the director and deputy director of the Infrastructure Division to award job order contract jobs, tasks, and purchase orders in excess of $500,000 but no more than $1,000,000 under the provision of Government Code, Chapter 2269, Subchapter I to qualifying projects.
The department received one comment opposing adoption of the rule as proposed. The commenter stated that "given the history of general government abuses with awarding contracts," additional independent audit oversight should be required. The department disagrees with the comment and responds that the rule as adopted does not alter or limit the department's existing authority to contract, it serves only to expedite processes already in place. The department also notes that it is confident that existing systems and processes are adequate to both deter and detect abuse. No changes were made as a result of the comment.
The department received four comments supporting adoption of the rules as proposed.
The amendment is adopted under the authority of Parks and Wildlife Code, §11.0171, which requires the commission to adopt by rule policies and procedures consistent with applicable state procurement practices for soliciting and awarding contracts, and Government Code §2269.053, which authorizes the governing body of a governmental entity to delegate by rule its authority to approve job order contract jobs, tasks, or purchase orders that exceed $500,000.
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 November 14, 2024.
TRD-202405517
James Murphy
General Counsel
Texas Parks and Wildlife Department
Effective date: December 4, 2024
Proposal publication date: October 4, 2024
For further information, please call: (512) 389-4775