Section 385.1101 - Contract Authority and Responsibilities(a) Purpose. This rule establishes the responsibilities for approving and executing contracts required by the Texas Juvenile Justice Department (TJJD).(b) Applicability. This rule applies to all contracts entered into by TJJD.(c) Definitions. As used in this chapter, the following terms have the following meanings, unless the context clearly indicates otherwise. (1) Board--the governing board of TJJD.(2) Contract--a written contract between TJJD and another party, either public or private, for goods or services or for a project as defined by Section 2166.001, Government Code. As used in this chapter, "contract" includes the following: letters of agreement; interagency/interlocal agreements with other government entities; memorandums of understanding; and other agreements in which state funds or services are exchanged for the delivery of goods or performance of services.(3) Total Value--The estimated dollar amount that a state agency may be obligated to pay pursuant to the contract and all executed and proposed amendments, extensions, and renewals of the contract.(d) Authority to Approve Contracts.(1) Board Approval. TJJD staff must present certain contracts to the board for approval, including but not limited to:(A) any contract with a total value exceeding $500,000;(B) any construction contract with a total value exceeding $300,000;(C) any change order(s) for a construction contract that exceeds $150,000 individually or cumulatively, or a dollar amount that causes the total value of the contract to exceed $300,000;(D) any contract with a total value exceeding $15,000 for consulting services, as defined in Section 2254.021, Government Code;(E) any contract for architectural or engineering services;(F) any contract for start-up residential operations; and(G) any other contract appropriate for board approval as determined by the executive director.(2) Agency Approval.(A) The board delegates authority to the executive director or designee to approve all contracts not listed in paragraph (1) of this subsection.(B) The board delegates authority to the executive director or designee to approve a contract listed in paragraph (1) of this subsection that is executed in response to an emergency, as defined in 34 TAC § 20.210.(e) Authority to Execute Contracts. The board delegates authority to the executive director to execute all contracts for TJJD. This authority may be delegated by the executive director.(f) Annual Contract Plan. (1) TJJD staff must present to the board for its review an annual plan that outlines TJJD's anticipated contracting actions for the next fiscal year.(2) As deemed necessary by the executive director or designee, updates to the contract plan may be provided to the board for review periodically throughout the fiscal year.(g) Historically Underutilized Businesses. TJJD adopts by reference 34 TAC Chapter 20, Subchapter D, Division 1, relating to historically underutilized businesses.37 Tex. Admin. Code § 385.1101
The provisions of this §385.1101 adopted to be effective July 15, 2011, 36 TexReg 4416; transferred effective June 4, 2012, as published in the Texas Register June 22, 2012, 37 TexReg 4639; amended to be effective July 15, 2014, 39 TexReg 5440; Amended by Texas Register, Volume 44, Number 17, April 26, 2019, TexReg 2160, eff. 5/1/2019; Amended by Texas Register, Volume 49, Number 33, August 16, 2024, TexReg 6249, eff. 9/1/2024