PART 15. TEXAS VETERANS COMMISSION
CHAPTER 452. ADMINISTRATION GENERAL PROVISIONS
The Texas Veterans Commission (commission) adopts amendments to §452.2 of Title 40, Part 15, Chapter 452 of the Texas Administrative Code concerning Advisory Committees with changes to the proposed text as published in the February 24, 2023, issue of the Texas Register (48 TexReg 1023) and will be republished
The amended rule is adopted to change existing language to more closely align the method of selecting the committee chair with selection of the commission chair and to update the rule with language that reflects the current method of video conference for remote participation by committee members.
No comments were received regarding the proposed rule amendments.
The amended rule is adopted under Texas Government Code §434.010, which authorizes the commission to establish rules it considers necessary for its administration, and Texas Government Code §434.0101, granting the commission authority to establish rules governing the agency's advisory committees.
§452.2.Advisory Committees.
(a) The commission may establish advisory committees in accordance with Texas Government Code, Chapter 2110. The following shall apply to each advisory committee:
(1) Agency role. The executive director may direct one or more staff members of the agency to assist each advisory committee. These positions shall be non-voting.
(2) Committee size and appointment of members. Each advisory committee shall be composed of nine members appointed by the commission. Members of each committee serve at the pleasure of the commission and may be removed from a committee by a majority vote of the commission.
(3) Committee chair and vice chair.
(A) The committee chair will be selected by the commission. The committee chair shall serve a term as determined by the commission. The committee chair determines the agenda for each meeting.
(B) The vice chair of each advisory committee is selected by the committee's voting members. Committee vice chair term lengths are one or two-year terms as determined by the committee's voting members and are limited to two years of service as the vice chair during their appointment to the committee. The vice chair shall perform the chair duties when the chair is unavailable or unable to perform.
(4) Conditions of membership.
(A) Terms of service. The term of office for each member will be determined by the commission in order to achieve staggered terms. In the event that a member cannot complete his or her term, or is removed by the commission, the commission shall appoint a qualified replacement to serve the remainder of the term.
(B) Participation. Participation on an advisory committee is voluntary.
(C) Compensation. Advisory committee members appointed by the commission shall serve without compensation.
(D) Reimbursement. The commission may, if authorized by law and the executive director, reimburse a member of a committee for reasonable and necessary expenses up to four times per calendar year. Current rules and laws governing reimbursement of expenses for state employees shall govern reimbursement of expenses for advisory committee members.
(5) Training. Each committee member shall receive initial training to ensure compliance with the Open Meetings Act. Training should also include an overview of the agency's mission and organizational structure, the overall purpose or goals of the committee, as well as other information that will assist members to accomplish committee goals.
(6) Responsibilities. Each advisory committee will review issues and provide advice to the commission, as charged by the commission.
(7) Meetings. Each advisory committee shall meet as needed by the commission. Advisory committee meetings may be conducted by video conference. Each advisory committee shall be subject to meeting at the call of the committee chair or designee. A quorum shall consist of a majority of the committee membership. The committees shall comply with Open Meetings Act requirements as provided in Texas Government Code, Chapter 551.
(8) Reports. The committee chair or designee of each advisory committee shall regularly report to the commission regarding its activities and recommendations, and, when requested by the commission, shall file with the commission a report containing:
(A) the minutes of meetings;
(B) a memo summarizing the meetings; and
(C) a list of the committee's recommendations, if any.
(9) Evaluation and duration. Each advisory committee shall remain in existence as long as deemed necessary by the commission based on a regular evaluation of the continuing need for each advisory committee. The executive director or staff may assist with this evaluation at the direction of the commission.
(10) Formation of subcommittees. Each advisory committee shall notify the commission of any adopted subcommittees and their purpose in its quarterly report.
(b) Veteran Services Advisory Committee.
(1) Purpose. The purpose of the Veteran Services Advisory Committee (VSAC) is to develop recommendations to improve overall services to veterans, their families, and survivors by the TVC. TVC leadership will provide veteran service topics to the committee for analysis and feedback.
(2) Committee member qualifications. The Committee shall be comprised of veterans and/or non-veterans that are interested in significantly improving the quality of life for all Texas veterans, their families, and survivors.
(c) Fund for Veterans' Assistance Advisory Committee.
(1) Purpose. The purpose of the Fund for Veterans' Assistance Advisory Committee is to evaluate grant applications and make recommendations to the commission.
(2) Committee member qualifications.
(A) Committee members may include representatives from veterans' organizations, non-profit or philanthropic organizations, veterans or family members of veterans, and other individuals with the experience and knowledge to assist the committee with achievement of its purpose.
(B) Committee members may not include officers, directors or employees of organization or entities that have an open Fund for Veterans' Assistance grant during the member's tenure or that intend to submit an application for a Fund for Veterans' Assistant grant.
(C) Committee members will be required to sign non-disclosure and conflict of interest agreements before reviewing grant applications. Committee members found in violation of the non-disclosure agreement will be prohibited from evaluating grant applications and making recommendations to the commission. Committee members found in violation of any agreement may also be removed from the committee by the commission.
(3) Meetings. The Fund for Veterans' Assistance Advisory Committee shall meet as needed to make grant recommendations to the commission.
(d) Veterans County Service Officer Advisory Committee.
(1) Purpose. The purpose of the Veterans County Service Officer Advisory Committee is to develop recommendations to improve the support and training of Veterans County Service Officers and to increase coordination between Veterans County Service Officers and the Texas Veterans Commission related to the statewide network of services being provided to veterans.
(2) Committee member qualifications. The members shall be current Veterans County Service Officers with the experience and knowledge to assist the committee with achievement of its purpose.
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 12, 2023.
TRD-202301737
Cory Scanlon
General Counsel
Texas Veterans Commission
Effective date: June 1, 2023
Proposal publication date: February 24, 2023
For further information, please call: (737) 320-4167
The Texas Veterans Commission (commission) adopts amendments to §457.1 of Title 40, Part 15, Chapter 457 of the Texas Administrative Code concerning Protests of Agency Purchases with changes to the proposed text as published in the November 25, 2022, issue of the Texas Register (47 TexReg 7860) and will be republished.
The amended rule is adopted to eliminate language that is no longer applicable.
No comments were received regarding the proposed rule amendments.
The rule amendment is adopted under Texas Government Code §434.010 which authorizes the commission to establish rules it considers necessary for its administration. No other statutes, articles, or codes are affected by this adoption.
§457.1.Protests.
(a) The following words and terms, when used in this chapter, shall have the following meaning unless the context clearly indicates otherwise.
(1) Agency--The Texas Veterans Commission.
(2) Commissioners--Commissioners of the Texas Veterans Commission.
(3) Interested parties--All vendors who have submitted bids or proposals for the provision of goods or services pursuant to a contract with the agency.
(b) Any actual or prospective bidder, offeror, or contractor who is aggrieved in connection with the solicitation, evaluation, or award of a contract may formally protest to the Chief Financial Officer. Such protests must be in writing and received in the Chief Financial Officer's office within 10 working days after such aggrieved person knows, or should have known, of the occurrence of the action which is protested. Formal protests must conform to the requirements of this subsection and subsection (c) of this section, and shall be resolved in accordance with the procedure set forth in subsections (d) and (e) of this section. Copies of the protest must be mailed or delivered by the protesting party to the agency and other interested parties.
(c) In the event of a timely protest or appeal under this section, the agency shall not proceed further with the solicitation or with the award of the contract unless the Executive Director, after consultation with the Chief Financial Officer, makes a written determination that the award of contract without delay is necessary to protect the best interests of the state.
(d) A formal protest must be sworn and contain:
(1) a specific identification of the statutory or regulatory provision(s) that the protesting party alleges has been violated;
(2) a specific description of each action by the agency that the protesting party alleges to be a violation of the statutory or regulatory provision(s) that the protesting party has identified pursuant to paragraph (1) of this subsection;
(3) a precise statement of the relevant facts;
(4) a statement of any issues of law or fact that the protesting party contends must be resolved;
(5) a statement of the argument and authorities that the protesting party offers in support of the protest; and
(6) a statement that copies of the protest have been mailed or delivered to the agency and all other identifiable interested parties.
(e) The Chief Financial Officer shall have the authority, prior to appeal to the Executive Director of the commission, to settle and resolve the dispute concerning the solicitation or award of a contract. The Chief Financial Officer may solicit written responses to the protest from other interested parties.
(f) If the protest is not resolved by mutual agreement, the Chief Financial Officer will issue a written determination on the protest.
(1) If the Chief Financial Officer determines that no violation of rules or statutes has occurred, he/she shall so inform the protesting party and other interested parties by letter which sets forth the reasons for the determination.
(2) If the Chief Financial Officer determines that a violation of the rules or statutes has occurred in a case where a contract has not been awarded, he/she shall so inform the protesting party and other interested parties by letter which sets forth the reasons for the determination and the appropriate remedial action.
(3) If the Chief Financial Officer determines that a violation of the rules or statutes has occurred in a case where a contract has been awarded, he/she shall so inform the protesting party and other interested parties by letter which sets forth the reasons for the determination, which may include ordering the contract void.
(g) The Chief Financial Officer's determination on a protest may be appealed by the protesting party to the Executive Director of the agency. An appeal of the Chief Financial Officer's determination must be in writing and must be received in the Executive Director's office no later than 10 working days after the date of the Chief Financial Officer's determination. Copies of the appeal must be mailed or delivered by the protesting party and other interested parties. The appeal must include a certified statement that such copies have been provided. The appeal shall be limited to review of the Chief Financial Officer's determination.
(h) The Executive Director may confer with the General Counsel in his/her review of the matter appealed. The Executive Director may, in his/her discretion, refer the matter to the Commissioners for their consideration at a regularly scheduled open meeting or issue a written decision on the protest.
(i) When a protest has been appealed to the Executive Director under subsection (f) of this section and has been referred to the Commissioners by the Executive Director under subsection (g) of this section, the following requirements shall apply:
(1) Copies of the appeal and responses of interested parties, if any, shall be mailed to the Commissioners.
(2) All interested parties who wish to make an oral presentation at the open meeting are requested to notify the Commission's General Counsel at least 48 hours in advance of the open meeting.
(3) The Commissioners may consider oral presentations and written documents presented by staff and interested parties. The Chairman shall set the order and amount of time allowed for presentations.
(4) The Commissioners' determination of the appeal shall be by duly adopted resolution reflected in the minutes of the open meeting, and shall be final.
(j) A protest or appeal that is not filed timely will not be considered, unless good cause for delay is shown or the commission determines that a protest or appeal raises issues significant to procurement practices or procedures.
(k) A decision issued either by the Commissioners in open meeting, or in writing by the Executive Director, shall be the final administrative action of the agency.
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 12, 2023.
TRD-202301739
Cory Scanlon
General Counsel
Texas Veterans Commission
Effective date: June 1, 2023
Proposal publication date: November 25, 2022
For further information, please call: (737) 320-4167
The Texas Veterans Commission (commission) adopts the repeal to 40 TAC, Part 15, Chapter 459, §§459.1 - 459.6, relating to Transportation Support Services, without changes to the proposed text as published in the February 24, 2023, issue of the Texas Register (48 TexReg 1024) and will not be republished.
The repeal is made to eliminate a rule that is no longer applicable.
No comments were received regarding proposal of the rule repeal.
The repeal is adopted under Texas Government Code §434.010 which authorizes the commission to establish rules it considers necessary for its administration. No other statutes, articles, or codes are affected by this adoption.
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 12, 2023.
TRD-202301738
Cory Scanlon
General Counsel
Texas Veterans Commission
Effective date: June 1, 2023
Proposal publication date: February 24, 2023
For further information, please call: (737) 320-4167