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.

Ms. Provine has also determined that for each year of the first five year period the rule is in effect, the anticipated public benefit will be enhanced focus and accountability for monitoring and management of agency's contracts.

The proposed rule would have no anticipated impact on government growth as defined in 34 TAC §11.1. The proposed rule does not create or eliminate a government program; require the creation of new employee positions or the elimination of existing employee positions; require an increase or decrease in future legislative appropriations to the agency; require an increase or decrease in fees paid to the agency; create a new regulation; expand, limit, or repeal an existing regulation; increase or decrease the number of individuals subject to the rule's applicability; and positively or adversely affect this state's economy.

Comments on the proposal may be submitted to Rod Welsh, Executive Director, State Preservation Board, P.O. Box 13286, Austin, Texas 78711. Comments will be accepted for 30 days after publication in the Texas Register.

This rule is proposed under the authority of Texas Government Code §443.007(b), which authorizes the Board to adopt rules concerning the properties and their contents under the Board's control.

§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 January 8, 2018.


Rod Welsh

Executive Director

State Preservation Board

Earliest possible date of adoption: February 18, 2018

For further information, please call: (512) 475-3616