Texas Register, Volume 16, Number 43, Pages 3093-3159, June 7, 1991 Page: 3,130
3093-3159 p. ; 28 cm.View a full description of this periodical.
Extracted Text
The following text was automatically extracted from the image on this page using optical character recognition software:
(2) appropriate identification of
the procurement;
(3) a specific identification of
the statutory or regulatory provision that
was allegedly violated;
(4) a precise statement of the
relevant facts;
(5) an identification of the issue
or issues to be resolved;
(6) supporting exhibits, evi-
detnce, or documents, to substantiate any
claims unless not available within the filing
time in which case the expected availability
date shall be indicated;
(7) an affidavit that the contents
of the protest are true and accurate; and
(8) an affidavit that copies of
the protest have been mailed or delivered to
other identifiable interested parties.
(e) The chief of fiscal affairs shall
have the authority, prior to appeal to the
director, the Public Safety Commission, or
commencement of an action in court having
jurisdiction to review the dispute, to settle
and resolve a protest of an aggrieved bidder
concerning the solicitation or award of a
contract.
(f) If the protest is not resolved by
mutual agreement, the chief of fiscal affairs
will issue a written determination on the
protest within 14 calendar days after receipt
of the protest.
(1) If no violation of rules or
statutes has occurred, he shall so inform the
protesting party and other interested parties
by letter which sets forth the reasons for the
determination. This determination shall in-
form the protestant of the right to judicial or
administrative review as provided in this
section.
(2) If a.violation of the rules or
statutes has occurred in a case where a
contract has not been awarded, he shall so
inform the protesting party and other inter-
ested parties by letter which sets forth the
reasons for the determination and the appro-
priate remedial action.
(3) If a violation of the rules or
statutes has occurred in a case where a
contract has been awarded, he shall so in-
form the protesting party and other inter-
ested parties by letter which sets forth the
reasons for the determination, which may
include ordering the contract void.
(g) The chief of fiscal.affairs deter-
mination on protest may be appealed by an
interested party to the director. An appeal of
ihe chief of fiscal affairs determination
must be in writing and musnt be received in
the director's office no later than 10 days
after the chief of fiscal affairs determina-
tion. No additional points for considerationshall be introduced in the appeal. Copies of
the appeal must be mailed or delivered by
the appealing party to the other interested
parties, and must contain an affidavit that
such copies have been provided.(h) The chief of legal services shall
review the chief of fiscal affairs determina-
tion and the appeal and prepare a written
opinion with recommendation to the direc-
tor. The director may, in his discretion,
refer the matter to the commission for con-
sideration at a regularly scheduled open
meeting or issue a written decision on the
protest, setting forth the reasons for the
decision. A decision issued either by the
commission in open meeting or in writing
by the director shall be the final administra-
tive action appealable only to the court sys-
tem.
(i) Where a protest has been ap-
pealed to the director under subsection (g)
of this section and has been referred to the
commission by the director under subsec-
tion (h) of this section, the following re-
quirements shall apply.
(1) Copies of the appeal, re-
sponses of interested parties, if any, and
chief of legal services recommendation
shall be mailed to the commission.
(2) All interested parties who
wish to make an oral presentation at the
open meeting shall notify the director at
least 48 hours in advance of the open meet-
ing.
(3) The commission may con-
sider oral presentations and written docu-
ments presented by staff and interested
parties.
(A) Each interested party
shall be allowed a maximum of 10 minutes
in which to make an oral presentation.
(B) Oral presentations shall
be made in the following order staff, pro-
testing party, and all other interested
parties.
(4) The Commission's determi-
nation of the appeal shall be by duly
adopted resolution reflected in the minutes
of the open meeting and shall be the final
administrative action appealable only to the
court system.
(j) In the event that a protest is not
timely under subsection (a) of this section
or an appeal is not timely under subsection
(8) of this section, the protest or appeal will
not be considered and the protesting or ap-
pealing parties will be so notified in writ-
ing.
This agency hereby certifies that the proposal
has been reviewed by legal counsel and
found to be within the agency's authority to
Issued in Austin, Texas, on May 28, 1991.TRD-9106366
Joe E. Milner
Director
Texas Department of
Pubic SafetyEardiest possible date of adoption: July 8,
1991For further information, please call: (512)
465-2000
Part IX. Texas
Commission on Jail
Standards
Chapter 297. Compliance and
Enforcement
* 37 TAC 297.9
(Editor's note: The text of the following section
proposed for repeal will not be published. The
section may be examined in the offices of the
Texas Commission on Jail Standards or in the
Texas Register office, Room 245, James Earl
Rudder Building, 1019 Brazos Street, Austin.)
The Texas Commission on Jail Standards
proposes the repeal of 297.9, concerning
contracts with private sector for detention fa-
cilities. The section deals with contracts with
private sector for the purpose of placing low
risk county inmates in a detention facility op-
erated by the private entity.
Jack E. Crump, executive director, has deter-
mined that for the first five-year period the
repeal is in effect there will be no fiscal impli-
cations for state or local government as a
result of enforcing or administering the re-
peal.
Mr. Crump also has determined that for each
year of the first five years the repeal is in
effect the public benefit anticipated as a result
of enforcing the repeal will be the ability to
adopt new rules which provide additional
guidance for counties and private entities in
the planning, construction, and operation of
such facilities. There will be no effect on
small businesses. There is no anticipated
economic cost to persons who are required to
comply with the repeal as proposed.
Comments on the proposal may be submitted
to Jack E. Crump, Executive Director, Texas
Commission on Jail Standards, P.O. Box
12985, Austin, Texas 78711.
The repeal is proposed under the Govern-
ment Code, Ttle 4, Chapter 511, which pro-
vides the Texas Commission on Jail
Standards with the authority to adopt reason-
able rules and procedures establishing mini-
mum standards for the construction,
equipment, maintenance, and operation for
county jails.
297.9. Contracts with Private Sector for
Detention Facilities.
This agency hereby certifies that the proposal
has been reviewed by legal counsel and
found to be within the agency's authority to
adopt.
Issued in Austin, Texas, on May 22, 1991.
TRD-9106411 Jack E. Crump
Executive Director
Texas Commission on Jal
Standards
Earliest possible date of adoption: July 8,
1991For further information, please call: (512)
463-550516 Ago e 37T g
Texeas Register *
16 TaxReg 3130 June 7, 1991
Upcoming Pages
Here’s what’s next.
Search Inside
This issue can be searched. Note: Results may vary based on the legibility of text within the document.
Tools / Downloads
Get a copy of this page or view the extracted text.
Citing and Sharing
Basic information for referencing this web page. We also provide extended guidance on usage rights, references, copying or embedding.
Reference the current page of this Periodical.
Texas. Secretary of State. Texas Register, Volume 16, Number 43, Pages 3093-3159, June 7, 1991, periodical, June 7, 1991; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth193291/m1/38/: accessed July 16, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.