20, eff. (3) collect data concerning the effectiveness of those procedures. 23.001(38), eff. 30(2), eff. (3) the executive director determines in writing that consolidating operations or services of selected state agencies will promote efficiency and effectiveness and provide the best value for the state. Sept. 1, 2001. (b) The program shall require intraagency postings of all positions concurrently with any public posting. Tt 1276, Sec. 973 (H.B. 966), Sec. Sec. (d) A state governmental entity that is not a state agency as defined by Section 2054.003 that uses a contract as provided by Subsection (a) may prohibit a vendor from disclosing the items purchased, the use of the items purchased, and the value of the purchase. 1965), Sec. 1068 (H.B. September 1, 2013. 2054.452. Acts 2019, 86th Leg., R.S., Ch. 1208 (H.B. Amended by Acts 1997, 75th Leg., ch. (c) A participant in the information sharing and analysis organization shall assert any exception available under state or federal law, including Section 552.139, in response to a request for public disclosure of information shared through the organization. June 18, 2005. 2048), Sec. 8, eff. 3.04, eff. (e) The cybersecurity council shall provide recommendations to the legislature on any legislation necessary to implement cybersecurity best practices and remediation strategies for this state. (10) "Major information resources project" means: (A) any information resources technology project identified in a state agency's biennial operating plan whose development costs exceed $5 million and that: (i) requires one year or longer to reach operations status; (ii) involves more than one state agency; or. 475), Sec. 268, Sec. Contractors arrangements to pay contingent fees for soliciting or obtaining Government contracts have long been considered contrary to public policy because such arrangements may lead to attempted or actual exercise of improper influence. 552a. The agency shall include in the plan: (1) procedures for reducing the agency's level of exposure with regard to information that alone or in conjunction with other information identifies an individual maintained on a legacy system of the agency; (2) the best value approach for modernizing, replacing, renewing, or disposing of a legacy system that maintains information critical to the agency's responsibilities; (3) analysis of the percentage of state agency personnel in information technology, cybersecurity, or other cyber-related positions who currently hold the appropriate industry-recognized certifications as identified by the National Initiative for Cybersecurity Education; (4) the level of preparedness of state agency cyber personnel and potential personnel who do not hold the appropriate industry-recognized certifications to successfully complete the industry-recognized certification examinations; and. In more recent years, Stephen Thomas Erlewine of AllMusic expressed the opinion that it was amongst some of the best songs Jackson ever released, calling the song seductive. Candidates will receive exam scores directly from PSI with instruction regarding rescheduling for failed exams; DEP will generate license invoices for all passed exams. 2(83), 3(28), eff. Acts 2007, 80th Leg., R.S., Ch. On 25 March 2021 the government announced a new COVID-19 Additional Relief Fund (CARF) of 1.5 billion. Officer or employee of an agency includes the following individuals who are employed by an agency: (1) An individual who is appointed to a position in the Government under Title 5, United States Code, including a position under a temporary appointment. September 1, 2019. 2054.515. September 1, 2009. Sec. 2054.128. The entity may include the certificate of approval in advertisements and other public communications. June 14, 2019. Sept. 1, 1997. Sec. Covered funds means any contract payment, grant payment, or other payment received by a contractor if-, (1) The Federal Government provides any portion of the money or property that is provided, requested, or demanded; and. A person who in good faith discloses to a state agency or other governmental entity information regarding a potential security issue with respect to the agency's or entity's information resources technologies is not liable for any civil damages resulting from disclosing the information unless the person stole, retained, or sold any data obtained as a result of the security issue. Sec. Feb. 1, 2004; Acts 2003, 78th Leg., ch. Prime Contractor employee, as used in this section, means any officer, partner, employee, or agent of a prime contractor. Acts 2005, 79th Leg., Ch. Federal agency procurement means the acquisition (by using competitive procedures and awarding a contract) of goods or services (including construction) from non-Federal sources by a Federal agency using appropriated funds. 208 and 5 CFR Part 2635 from participating personally and substantially in any particular matter that would affect the financial interests of any person with whom the employee is seeking employment. 3.103-3 The need for further certifications. Amended by Acts 1997, 75th Leg., ch. 2054.136. 1, eff. (iv) Negotiating price or terms and conditions of the contract. Acts 2021, 87th Leg., R.S., Ch. 5, eff. Our participants gain the confidence and community to build their future. 394 (S.B. September 1, 2019. An officer or employee who is employed by such person for less than 130 working days within 1 year immediately preceding the date of the submission that initiates agency consideration of such person shall be considered to be regularly employed as soon as he or she is employed by such person for 130 working days. (c) The board shall develop and implement policies that clearly separate the policymaking responsibilities of the board and the management responsibilities of the executive director and the staff of the department. Amended by Acts 2001, 77th Leg., ch. (2) update standards for maintenance of certification by the cybersecurity training programs under this section. (c) The Inspector General may exclude from disclosures made under 3.907-5(a) or (b)-, (1) Information protected from disclosure by a provision of law; and. 7, eff. ADVERTISING ONLINE OPTIONS. (2) Modify existing contracts, other than personal services contracts with individuals, to include the clause before obligating FY 2015 or subsequent FY funds that are subject to the same prohibition on internal confidentiality agreements or statements. 3.405 Misrepresentations or violations of the Covenant Against Contingent Fees. DEPARTMENT REVIEW. (a) Not later than August 1 of each year, any private vendor chosen to implement or manage the project shall have an audit of the vendor's finances associated with the management and operation of the project performed by an independent certified public accountant selected by the state. Added by Acts 2021, 87th Leg., R.S., Ch. (g) Each licensing entity shall increase the occupational license issuance or renewal fees imposed by the licensing entity by an amount sufficient to cover the cost of the subscription fee imposed on the licensing entity under Subsection (e) but not to exceed: (1) $5 for an annual occupational license; (2) $10 for a biennial occupational license; or. 5.26(h), eff. The purpose of this handbook is to provide general Program information in a way that is easy for you to use and understand. Instead, you will need to provide your representative with information from a notice of assessment that was issued to you at least six months earlier. (a) The department shall establish a digital transformation guide to assist state agencies with: (1) modernizing agency operations and services with respect to electronic data; and. 475), Sec. chapter 21; (2) The withholding of information from, or restricting its receipt by, the Comptroller General in the course of a protest against the award or proposed award of a Federal agency procurement contract; (3) The release of information after award of a contract or cancellation of a procurement if such information is contractor bid or proposal information or source selection information that pertains to another procurement; or, (4) The disclosure, solicitation, or receipt of bid or proposal information or source selection information after award if disclosure, solicitation, or receipt is prohibited by law. 4.08, eff. June 15, 2007. Acts 2011, 82nd Leg., R.S., Ch. Text of subsection as amended by Acts 2021, 87th Leg., R.S., Ch. September 1, 2019. 2 Development of International Standards 2.1 The project approach 2.1.1 General. (c) The agency's information resources manager shall demonstrate in the agency strategic plan the extent to which the agency uses its project management practices. (f) A local government may not charge a fee under Subsection (e) that is otherwise prohibited under Section 195.006 or 195.007, Local Government Code. Reasonable payment means, with respect to professional and other technical services, a payment in an amount that is consistent with the amount normally paid for such services in the private sector. (a) In any procurement related to the establishment of a statewide technology center, the department shall maximize vendor competition and, to the extent feasible and cost-effective, interoperability. 1422, Sec. (b) The contracting officer may rely on an offeror's representation unless the contracting officer has reason to question the representation. June 17, 2011. (d) The data management officer for a state agency may delegate in writing to another agency employee the duty to: (1) implement a specific requirement of Subsection (b) or (c); or. 799), Sec. 12, eff. 2054.127 by Acts 2003, 78th Leg., ch. DEFINITION. 973 (H.B. September 1, 2011. (a) By use of the contract clause at 52.203-16, as prescribed at 3.1106, the contracting officer shall require each contractor whose employees perform acquisition functions closely associated with inherently Government functions to-, (1) Have procedures in place to screen covered employees for potential personal conflicts of interest by-. Section 3.907 of this subpart implements section 1553 of the American Recovery and Reinvestment Act of 2009 (Pub. DBS is not responsible for content on external sites. The second group is composed of the commissioner of education, the executive director of the Texas Department of Criminal Justice, and the executive director of the Parks and Wildlife Department. Added by Acts 2015, 84th Leg., R.S., Ch. Acts 2007, 80th Leg., R.S., Ch. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 91 (S.B. (a) Government contractors must conduct themselves with the highest degree of integrity and honesty. (2) the requirements for certification through the program of vendors that provide cloud computing services. The contracting officer shall insert the provision at 52.203-2, Certificate of Independent Price Determination, in solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless-. (d) Section 404.071 does not apply to the fund. (b) In the event the employee alleging reprisal brings a civil action under section 1553(c)(3) of the Recovery Act, the employee alleging the reprisal and the non-Federal employer shall have access to the investigative file of the Inspector General in accordance with the Privacy Act. 683 (H.B. 467 (H.B. If you choose this option, you may be contacted by the CRA by phone to verify the request. (a) The department shall develop a policy for training department staff in contract management. Acts 2019, 86th Leg., R.S., Ch. (b) The department may require state agencies to submit to the department the agencies' network configuration information, but the department must use existing reports to gather the information if possible and minimize the reporting burden on agencies to the extent possible. (2) when the department renews, amends, or resolicits a major outsourced contract to ensure the plan remains updated and incorporates any changes resulting from a new contract. (2) specify the information required to be included in the plans; and. 606, Sec. We provide reverse mortgage counseling, homebuyer education and certification, and foreclosure counseling. At least once each year, an employee identified by the state agency and each elected or appointed officer of the agency shall complete a cybersecurity training program certified under Section 2054.519. Acts 2019, 86th Leg., R.S., Ch. (B) The contract is funded with disaster assistance funds. Sec. PERFORMANCE REPORT. of California-Sacramento Drinking Water Study Manuals, Univ. 1, eff. The revenue collected from the fees must be used to support the project, including the recovery of project costs. September 1, 2009. 19.006, eff. The agency head or designee shall promptly notify the Civil Division, Department of Justice, that the action is being considered under this subpart. (c) Repealed by Acts 2019, 86th Leg., R.S., Ch. 866), Sec. The governor shall designate a member of the board to serve as presiding officer at the discretion of the governor. September 1, 2019. 9, eff. Acts 2005, 79th Leg., Ch. 573 (S.B. Sept. 1, 2003. REMOVAL OF DATA FROM DATA PROCESSING EQUIPMENT; RULES. Added by Acts 2013, 83rd Leg., R.S., Ch. (1) The complainant shall be deemed to have exhausted all administrative remedies with respect to the complaint, and the complainant may bring a de novo action at law or equity against the employer to seek compensatory damages and other relief available under this section in the appropriate district court of United States, which shall have jurisdiction over such an action without regard to the amount in controversy if-, (i) The head of an agency-. (b) Contracting personnel are an important potential source of investigative leads for antitrust enforcement and should therefore be sensitive to indications of unlawful behavior by offerors and contractors. Added by Acts 2013, 83rd Leg., R.S., Ch. (b) Contractors should have a written code of business ethics and conduct. (c) The department shall use information contained in the schedules to plan future vendor solicitations of commodity items or for any other activity that provides a benefit to the state. Added by Acts 2011, 82nd Leg., R.S., Ch. Sec. MAJOR INFORMATION RESOURCES PROJECT. IDENTITY OF MANAGER; CONSOLIDATION. 687), Sec. Amended by Acts 2001, 77th Leg., ch. A laboratory that is licensed by the CDPH pursuant to Title 17 of the California Code of Regulations (CCR), or which has received a certification of competence based on participation in a quality assurance program administered by a governmental or private organization that tests and certifies laboratories. DATA MANAGEMENT ADVISORY COMMITTEE. (ii) By virtue of that office, employment, or relationship, has or had access to contractor bid or proposal information or source selection information. 4, eff. June 14, 2021. (d) The Legislative Budget Board may not grant prior approval under Section 2054.386 in relation to services provided under this section. Operations of the comptroller that relate to the state lottery are not subject to the planning and procurement requirements of this chapter. June 17, 2011. Sec. Sept. 1, 2003. Water & Wastewater System Operator Licensing. [10], In 1993, Edward and Daniel van Passel wrote the score to a song titled "If We Can Start All Over". 556 (S.B. Amended by Acts 2003, 78th Leg., ch. September 1, 2019. (6) confirmation by the agency of compliance with state statutes, rules, and standards relating to information resources. 70, Sec. (13) "State agency" means a department, commission, board, office, council, authority, or other agency in the executive or judicial branch of state government that is created by the constitution or a statute of this state, including a university system or institution of higher education as defined by Section 61.003, Education Code. 1.02, eff. 2054.028. Added by Acts 2003, 78th Leg., ch. 800), Sec. 342, Sec. September 1, 2013. 2472), Sec. The department shall develop a process by which the public may provide information regarding compliance with this subchapter. (a) The Government is prohibited from using fiscal year 2015 and subsequent fiscal year funds for a contract with an entity that requires employees or subcontractors of such entity seeking to report waste, fraud, or abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information. The fund will be available to support those businesses affected by the pandemic but that are ineligible for existing support linked to business rates. 41 U.S.C. Added by Acts 1997, 75th Leg., ch. 3.909-3 Solicitation provision and contract clause. Renumbered from Government Code Sec. (b) Except as otherwise modified by the Legislative Budget Board or the governor, instructions under Subsection (a) must require each state agency's strategic plan to include: (1) a description of the agency's information resources management organizations, policies, and practices, including the extent to which the agency uses its project management practices, as defined by Section 2054.152; (2) a description of how the agency's information resources programs support and promote its mission, goals, and objectives and the goals and policies of the state strategic plan for information resources; and. 255), Sec. (i) The department shall collaborate with the Texas Department of Motor Vehicles, the Department of Public Safety, and any other state agency to maximize donations to the trafficked persons program account established under Section 50.0153, Health and Safety Code. Sept. 1, 1999. (j) Notwithstanding paragraph (i) of this section, a prime contractor shall cooperate fully with any Federal Government agency investigating a violation of 41 U.S.C. 1523), Sec. 2054.060. (b) The department by rule shall describe the data services provided by statewide technology centers. The committee shall meet as prescribed by committee procedures or at the call of the presiding officer. June 18, 2005. September 1, 2017. Acts 2019, 86th Leg., R.S., Ch. 2054.010. 921 (H.B. It seems rather illogical that anybody else in the office could fill out an I-9, but I wouldn't be permitted to by the S.O.S. (b) Whenever a contractor fails to comply with an order, the head of the agency or designee shall request the Department of Justice to file an action for enforcement of such order in the United States district court for a district in which the reprisal was found to have occurred. (D) any additional information considered appropriate by the quality assurance team. Acts 2009, 81st Leg., R.S., Ch. 816, Sec. Acts 2007, 80th Leg., R.S., Ch. 866), Sec. Sales+streaming figures based on certification alone. Biometric comparison can be performed locally on claimants device or at a central verifier. June 14, 2001. SUBCHAPTER H. TELECOMMUNICATIONS PLANNING. FIRST is More Than Robots SM. 3, eff. (1) Unless the contract is for the acquisition of a commercial product or commercial service or will be performed entirely outside the United States, insert the clause at 52.203-14, Display of Hotline Poster(s), if, (i) The contract exceeds $6 million or a lesser amount established by the agency; and, (A) The agency has a fraud hotline poster; or. 955 (S.B. (8) "Information resources technologies" means data processing and telecommunications hardware, software, services, supplies, personnel, facility resources, maintenance, and training. September 1, 2013. September 1, 2015. September 1, 2019. (1) provide a strategic direction for information resources management in state government for the five fiscal years following adoption of the plan; (2) outline a state information architecture that contains a logically consistent set of principles, policies, and standards to guide the engineering of state government's information technology systems and infrastructure in a way that ensures compatibility and alignment with state government's needs; (3) designate and report on critical electronic government projects to be directed by the department, including a project for electronic purchasing; (4) provide information about best practices to assist state agencies in adopting effective information management methods, including the design, deployment, and management of information resources projects, cost-benefit analyses, and staff reengineering methods to take full advantage of technological advancements; (5) provide long-range policy guidelines for information resources in state government, including the implementation of national, international, and department standards for information resources technologies; (6) identify major issues faced by state agencies related to the acquisition of computer hardware, computer software, and information resources technology services and develop a statewide approach to address the issues, including: (A) developing performance measures for purchasing and contracting; and. 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