Texas Register, Volume 27, Number 5, Pages 657-828, February 1, 2002 Page: 740
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This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal author-
ity to adopt.
Filed with the Office of the Secretary of State, on January 17,
2002.
TRD-200200237
Paul Leche
General Counsel, Legal Services
Texas Department of Human Services
Earliest possible date of adoption: March 3, 2002
For further information, please call: (512) 438-3734
PART 2. TEXAS REHABILITATION
COMMISSION
CHAPTER 106. PURCHASE OF GOODS AND
SERVICES BY TEXAS REHABILITATION
COMMISSION
SUBCHAPTER K. HISTORICALLY
UNDERUTILITZED BUSINESSES
40 TAC 106.355
The Texas Rehabilitation Commission (TRC) proposes a change
to Title 40, Chapter 106, 106.355, concerning purchase of
goods and services by TRC. The change is being proposed to
update for the new name of the Texas Building and Procurement
Commission.
Charles E. Harrison, Jr., Deputy Commissioner for Financial Ser-
vices, has determined that for the first five-year period the section
is in effect, there will be no material fiscal implications for state
or local government.
Mr. Harrison also has determined that for each year of the first
five years the section is in effect the public benefit anticipated as
a result of enforcing the section will be the agency's compliance
with Chapter 111, Human Resources Code. There will be no
material effect on small businesses. There is no material antici-
pated economic cost to persons who are required to comply with
the section as proposed. In accordance with Government Code,
2001.022, TRC has determined that the proposed rule will not
affect a local economy.
Comments on the proposal may be submitted to Roger Darley,
Assistant General Counsel, Texas Rehabilitation Commission,
4900 North Lamar Boulevard, Suite 7300, Austin, Texas 78751.
The amendment is proposed under the Texas Human Resources
Code, Title 7, Chapter 111, 111.018 and 111.023, which pro-
vides the Texas Rehabilitation Commission with the authority
to promulgate rules consistent with Title 7, Texas Human Re-
sources Code.
No other statute, article, or code is affected by this proposal.
106.355. Definitions.
In this subchapter, the following definitions apply.
(1) Economically Disadvantage Person--A person who is
economically disadvantaged because of the person's identification as a
member of a certain group, as defined in Texas Administrative Code,Title 1, Part 5, Chapter 111, Subchapter B, Rule 111.12, and who has
suffered the effects of discriminatory practices or other similar insidi-
ous circumstances over which the person has no control.
(2) Good Faith Effort (GFE)--Evidence of certain criteria
used by prime contractors to promote inclusion of HUBs in contracts
over $100,000 or more as defined in TAC 111.13 and 111.14.
When applied to agency GFE, the state auditor shall consider whether
the agency; has adopted rules under 2161.003, Government Code;
has used the Texas Building and Procurement Commission (TBPC)
[General Services Gemmissi-n (G -S~ directory and other resources
to identify HUBs that are able to contract with the agency; made good
faith, timely efforts to contact identified HUBs regarding contracting
opportunities; and conducted its procurement program in accordance
with the good faith methodology set out in TBPC [GSC] rules.
(3) Historically Underutilized Business (HUB)--A busi-
ness entity that is a corporation, sole proprietorship, partnership, joint
venture, etc. owned or operated by an economically disadvantaged
person or persons as defined in Texas Administrative Code, Title 1,
Part 5, Chapter 111, Subchapter B, Rule 111.12 with its principal
place of business in Texas.
(4) HUB Subcontracting Plan (HSP)--a plan required to be
submitted with bids, proposals, offers, or other applicable expressions
of interest that determine or describe HUB subcontracting opportuni-
ties probable under the contract as defined in Texas Administrative
Code, Title 1, Part 5, Chapter 111, Subchapter B, Rules 111.13 and
111.14.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal author-
ity to adopt.
Filed with the Office of the Secretary of State on January 18,
2002.
TRD-200200270
Sylvia F. Hardman
Deputy Commissioner for Legal Services
Texas Rehabilitation Commission
Earliest possible date of adoption: March 3, 2002
For further information, please call: (512) 424-4050
40 TAC 106.357
The Texas Rehabilitation Commission (TRC) proposes a change
to Title 40, Chapter 106, 106.357, concerning purchase of
goods and services by TRC. The change is being proposed to
update for the new name of the Texas Building and Procurement
Commission.
Charles E. Harrison, Jr., Deputy Commissioner for Financial Ser-
vices, has determined that for the first five-year period the section
is in effect, there will be no material fiscal implications for state
or local government.
Mr. Harrison also has determined that for each year of the first
five years the section is in effect the public benefit anticipated as
a result of enforcing the section will be the agency's compliance
with Chapter 111, Human Resources Code. There will be no
material effect on small businesses. There is no material antici-
pated economic cost to persons who are required to comply with
the section as proposed. In accordance with Government Code,
2001.022, TRC has determined that the proposed rule will not
affect a local economy.February 1, 2002 Texas Register
27 TexReg 740
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Texas. Secretary of State. Texas Register, Volume 27, Number 5, Pages 657-828, February 1, 2002, periodical, February 1, 2002; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth113988/m1/82/: accessed May 22, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.