TITLE 34. PUBLIC FINANCE
PART 1. COMPTROLLER OF PUBLIC ACCOUNTS
CHAPTER 5. FUNDS MANAGEMENT (FISCAL AFFAIRS)
SUBCHAPTER
E.
The Comptroller of Public Accounts adopts amendments to §5.54 concerning consulting services contracts, without changes to the proposed text as published in the February 21, 2025, issue of the Texas Register (50 TexReg 966). The rule will not be republished.
The legislation enacted within the last four years that provides the statutory authority for the amendments is Senate Bill 799, 87th Legislature, R.S., 2021.
The amendments to subsection (a) add a definition of "university system" because a reference to "university system" is being added in subsection (f)(1)(B) and delete the definition of "SPD" because references to "SPD" are being deleted from subsection (e).
The amendments to subsection (c)(1) delete the reference to subsection (d) because subsection (d) is being deleted from this section; add a reference to Government Code, §2254.028(a)(3) because Government Code, §2254.028(b) states that failure to obtain the finding required by Government Code, §2254.028(a)(3) will cause a major consulting services contract, renewal, amendment, or extension to be void; and add the phrase "if applicable" because some of the sections referenced in this subsection apply to all consulting contracts and some apply only to major consulting services contracts.
The amendments to subsections (c) and (e) make non-substantive changes by deleting the word "then" as unnecessary.
The amendments to subsection (d) delete the entire subsection because the requirements in subsection (d)(1)(A) are not currently authorized by Government Code, Chapter 2254, Subchapter B, and the requirements in subsections (d)(1)(B) and (d)(2) are not needed in this section because they are set forth in Government Code, §2254.031.
The amendments to subsection (e) change "SPD" to "the comptroller" because Government Code, §2254.040 refers to "the comptroller."
The amendments to subsection (f) change the threshold amount for reporting a consulting services contract to the Legislative Budget Board in subsection (f)(1)(B) from "$14,000" to "$50,000"; add the exception that the state agency requesting the payment is not subject to the requirements of subsection (f)(1)(B) if it is a university system or an institution of higher education, to comply with the current provisions of Government Code, §2254.0301(a); change "payer" to "state agency" in subsection (f)(2) to clarify the language of the subsection by using the defined term "state agency"; change "volume and page numbers of the Texas Register " to "solicitation ID of the Electronic State Business Daily posting" in subsection (f)(2)(B) to comply with the current provisions of Government Code, §2254.029(a); and delete the reference to Government Code, §2254.033(b) in subsection (f)(2)(A) and §2254.031(a)(2) and (c)(2) in subsection (f)(2)(B) because these provisions no longer exist.
The comptroller did not receive any comments regarding adoption of the amendment.
The amendments are adopted under Government Code, §2254.039(a), which requires the comptroller to adopt rules to implement and administer Government Code, Chapter 2254, Subchapter B, concerning consulting services. The governor has reviewed the amendments to §5.54 as required by Government Code, §2254.039(b).
The amendments implement Government Code, Chapter 2254, Subchapter B concerning consulting services.
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 May 2, 2025.
TRD-202501516
Victoria North
General Counsel for Fiscal and Agency Affairs
Comptroller of Public Accounts
Effective date: May 22, 2025
Proposal publication date: February 21, 2025
For further information, please call: (512) 475-2220