TITLE 1. ADMINISTRATION

PART 5. TEXAS FACILITIES COMMISSION

CHAPTER 123. FACILITIES DESIGN AND CONSTRUCTION

SUBCHAPTER C. CONSTRUCTION PROJECT ADMINISTRATION

1 TAC §§123.23 - 123.25, 123.27, 123.29 - 123.31, 123.34

Introduction and Background.

The Texas Facilities Commission adopts amendments to §§123.23 - 123.25, 123.27, 123.29 - 123.31, 123.34 of Title 1, Part 5, Chapter 123, Subchapter C of the Texas Administrative Code. During its rule review, published in the May 6, 2016, issue of the Texas Register (41 TexReg 3317), the Texas Facilities Commission ("Commission") reviewed and considered Texas Administrative Code, Title 1, Chapter 123 for readoption, revision, or repeal in accordance with the Texas Government Code §2001.039 (West 2016). The Commission determined that Texas Administrative Code, Title 1, Chapter 123 was still necessary but that several sections required amendments. The Commission closed the rule review by readopting the rules with amendments and published notice of the same in the November 11, 2016, issue of the Texas Register (41 TexReg 9029). The proposed amendments were published in the December 2, 2016, issue of the Texas Register (41 TexReg 9395). The Commission received no comments concerning the proposed rules. The rules are adopted without changes to the proposed text and will not be republished.

Justification for the Rules.

Section 126.23 addresses project responsibility. The rule is being amended to correct a typo. The change is necessary in order to ensure that proper meaning is given to the rule. Section 123.24 sets out the project analysis process. This rule is being amended to clarify how requests for project analysis are to be submitted to the Commission. Section 123.25 addresses the construction project process. The rule is being amended to clarify the request process. Section 123.27 sets forth the selection process when the Commission is seeking design professionals for construction projects. The rule is being amended to clarify the role the potential design professional may play in the selection process and to clarify what qualifications the Commission may seek in the selection process. Section 123.29 sets forth bidding procedures. This rule is being amended to track statutory changes made to the procurement process. Section 123.30 addresses construction contract awards; this rule is being amended to fix a typo. Section 123.31 addresses emergency bidding and award procedures. The rule is being amended to clarify who may receive a written statement that describes the emergency condition. Section 123.34 addresses rules for xeriscaping. The rule is being amended to address name changes of organizations that collaborate with the Commission on xeriscaping issues.

Statutory Authority.

The amendments are adopted pursuant to the Commission's rulemaking authority found in Tex. Gov't Code, §§2166.062, 2166.202, 2166.257, 2166.258, and 2166.404 (West 2016).

Cross Reference to Statute.

The statutory provisions affected by the adopted rule amendments are those set forth in Chapter 2165 and 2166 of the Texas Government Code.

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 February 17, 2017.

TRD-201700689

Kay Molina

General Counsel

Texas Facilities Commission

Effective date: March 9, 2017

Proposal publication date: December 2, 2016

For further information, please call: (512) 463-3960