13 TAC §111.48

The State Preservation Board (hereinafter referred to as the "Board") proposes new §111.48 of Title 13, Part 7, Chapter 111 of the Texas Administrative Code concerning procedures for contracts requiring enhanced contract or performance monitoring. Senate Bill 20 (84th Legislature, Regular Session, 2015) created new Government Code §2261.253(c) which requires the Board by rule establish a procedure to identify each contract that requires enhanced contract or performance monitoring and submit information on the contract to the agency's governing body. New §111.48 describes the contracts that will be reported to the Board members.

Cynthia Provine, Chief Financial Officer, has determined that for the first five-year period the new rule is in effect there will be no fiscal implications for state or local government as a result of administering this rule.

Rod Welsh, Executive Director, State Preservation Board, has determined that for each year of the first five year period the rule is in effect there will be no effect on small or micro businesses and there is no anticipated economic cost to persons who are required to comply with the proposed sections. Anticipated public benefit will be enhanced focus and accountability for monitoring and management of agency's contracts.

Comments on the proposed new rule may be submitted in writing to Chris Currens, Director of Special Projects, P.O. Box 13286, Austin, Texas 78711. Comments may also be submitted electronically to Chris.Currens@tspb.texas.gov or faxed to (512) 463-3372. Comments must be submitted no later than 30 days from the date these proposed rules are published in the Texas Register.

The new rule is proposed under Texas Government Code §443.007(b) which authorizes the board to adopt rules concerning the buildings, their contents, and their grounds. No other statutes, articles or codes are affected by the proposal.

§111.48.Procedure for Contracts Requiring Enhanced Contract or Performance Monitoring.

(a) Contracts for the purchase or goods or services that have a value in excess of $1 million will be identified for enhanced contract or performance monitoring.

(b) Contracts that are identified for enhanced contract or performance monitoring will be reported to the Board.

(c) Contracts will be monitored in accordance with policies and procedures in the SPB contract management handbook.

(d) The Board will be notified, as appropriate, of any serious issue or risk that is identified with respect to a contract monitored under this rule.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on May 19, 2017.


Rod Welsh

Executive Director

State Preservation Board

Earliest possible date of adoption: July 2, 2017

For further information, please call: (512) 463-6271