TITLE 22. EXAMINING BOARDS

PART 1. TEXAS BOARD OF ARCHITECTURAL EXAMINERS

CHAPTER 7. ADMINISTRATION

22 TAC §7.11

Introduction. The Texas Board of Architectural Examiners (Board) adopts Part 1, Title 22 §7.11, relating to Enhanced Contract and Performance Monitoring. The amendments are adopted without changes to the proposed text published in the March 17, 2017, issue of the Texas Register (42 TexReg 1236).

Reasoned Justification. The adopted rule implements Texas Government Code §2261.253, which requires state agencies to adopt a rule which establishes a procedure to identify contracts that require enhanced contract monitoring and submit information on such contracts to the agency's governing body.

Under the adopted rule, the agency finance manager is required to complete a risk assessment for every contract over $25,000 to identify whether the contract requires enhanced contract monitoring. For contracts of a lesser value, the finance may complete a risk assessment. The adopted rule identifies factors that may be considered in determining whether enhanced contract or performance monitoring is required. Contracts identified for enhanced contract will be reported to the Board, along with the basis for the determination, any serious risks or issues identified with the contract, and staff's plan for carrying out enhanced contract monitoring. Subsequently, the Board will be provided status reports on the contract, as directed by the Board.

Summary of Comments and Agency Response. The Board did not receive any comments on the proposed rule.

Statutory Authority.

Rule 7.11 is adopted under §1051.202, Texas Occupations Code, which provides the Texas Board of Architectural Examiners with authority to promulgate rules to implement Chapters 1051, 1052, and 1053 of the Texas Occupations Code, and §2261.253 of the Texas Government Code, which requires state agencies to adopt a rule which establishes a procedure to identify contracts that require enhanced contract monitoring and submit information on such contracts to the agency's governing body.

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 June 12, 2017.

TRD-201702295

Lance Brenton

General Counsel

Texas Board of Architectural Examiners

Effective date: July 2, 2017

Proposal publication date: March 17, 2017

For further information, please call: (512) 305-8519