TITLE 37. PUBLIC SAFETY AND CORRECTIONS

PART 1. TEXAS DEPARTMENT OF PUBLIC SAFETY

CHAPTER 1. ORGANIZATION AND ADMINISTRATION

SUBCHAPTER U. CONTRACTING

37 TAC §1.261

The Texas Department of Public Safety (the department) proposes amendments to §1.261, concerning Historically Underutilized Businesses (HUB). This amendment updates references to the Comptroller's rules governing Historically Underutilized Businesses.

Suzy Whittenton, Chief Financial Officer, has determined that for each year of the first five-year period the rule is in effect there will be no fiscal implications for state or local government, or local economies.

Ms. Whittenton has also determined that there will be no adverse economic effect on small businesses or micro-businesses required to comply with the rule as proposed. There is no anticipated economic cost to individuals who are required to comply with the rule as proposed. There is no anticipated negative impact on local employment.

In addition, Ms. Whittenton has also determined that for each year of the first five-year period the rule is in effect, the public benefit anticipated as a result of enforcing the rule will be current and updated rules.

The department has determined this proposal is not a "major environmental rule" as defined by Texas Government Code, §2001.0225. "Major environmental rule" is defined to mean a rule that the specific intent of which is to protect the environment or reduce risk to human health from environmental exposure and that may adversely affect, in a material way, the economy, a sector of the economy, productivity, competition, jobs, the environment or the public health and safety of a state or a sector of the state. This proposal is not specifically intended to protect the environment or reduce risks to human health from environmental exposure.

The department has determined that Chapter 2007 of the Texas Government Code does not apply to this proposal. Accordingly, the department is not required to complete a takings impact assessment regarding this proposal.

Comments on this proposal may be submitted to Lisa Maldonado, HUB Program Director, Texas Department of Public Safety, P.O. Box 4087, Austin, Texas 78773-0001. Comments must be received no later than thirty (30) days from the date of publication of this proposal.

This amendment is proposed pursuant to Texas Government Code, §411.004(3), which authorizes the Public Safety Commission to adopt rules considered necessary for carrying out the department's work, and Texas Government Code, §2161.003.

Texas Government Code, §411.004(3) and §2161.003, are affected by this proposal.

§1.261.Historically Underutilized Businesses [Business] (HUB) [Program].

As required by [Pursuant to] §2161.003 of the Texas Government Code and to the extent applicable, the Texas Department of Public Safety adopts by reference the Historically Underutilized Businesses [Business Program] rules of the [Texas] Comptroller of Public Accounts ("Comptroller"), including any subsequent changes the Comptroller adopts [hereafter]. The rules may be found at 34 TAC §§20.281 - 20.298 [34 TAC §§20.11 - 20.28].

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 April 28, 2017.

TRD-201701711

D. Phillip Adkins

General Counsel

Texas Department of Public Safety

Earliest possible date of adoption: June 11, 2017

For further information, please call: (512) 424-5848