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Presentation, discussion, and possible action on an order proposing the amendment of 10 TAC Chapter 1, Administration, Subchapter A, General Policies and Procedures, ?1.4, Protest Procedures for Contractors, and directing its publication for public comment in the Texas Register
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RECOMMENDED ACTION
recommendation
WHEREAS, pursuant to Tex. Gov't Code ?2306.053, the Texas Department of Housing and Community Affairs (the Department) is authorized to adopt rules governing the administration of the Deprtment and its programs;
WHEREAS, Tex. Gov't Code ?2001.039 requires state agencies to review a rule every four years to assess whether the reasons for initially adopting the rule continue to exist and this rule was last considered in April 2022;
WHEREAS, staff has assessed 10 TAC ?1.4, Protest Procedures for Contractors, and confirms that the reasons for the initial adoption of this rule continue to exist, which is to comply with 34 TAC Chapter 20, Subchapter F, Division 3, the rules of the Texas Comptroller of Public Accounts addressing procurement, which require state agencies to adopt protest procedures consistent with the Comptroller's procedures;
WHEREAS, staff has evaluated the rule and also recommends several minor changes to more closely align the rule with the Comptroller's rule noted above, and as such staff is requesting Board approval to submit the proposed amendment of the rule for a public comment period; and
WHEREAS, such proposed action will be published in the Texas Register for public comment from February 6, 2026 to March 8, 2026, and subsequently returned to the Board for final adoption;
NOW, therefore, it is hereby
RESOLVED, that the Executive Director and his designees be and each of them hereby are authorized, empowered, and directed, for and on behalf of the Department, to cause the proposed action herein in the form presented to this meeting, to be published in the Texas Register for public comment, and in connection therewith, make...
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