Texas Administrative Code

Texas Administrative Code Title 1 - ADMINISTRATION Title 4 - AGRICULTURE Title 7 - BANKING AND SECURITIES Title 10 - COMMUNITY DEVELOPMENT Title 13 - CULTURAL RESOURCES Title 16 - ECONOMIC REGULATION Title 19 - EDUCATION Title 22 - EXAMINING BOARDS Title 25 - HEALTH SERVICES Titl…

The purpose of this subchapter is to provide rules governing the management of contracts by Texas Department of Mental Health and Mental Retardation (TDMHMR) facilities and Central Office. Notes 40 Tex. Admin. Code § 7.51 The provisions of this §7.51 adopted to be effective July …

(a) This subchapter applies to contracts managed by the Texas Department of Mental Health and Mental Retardation (TDMHMR) facilities and Central Office. (b) This subchapter does not apply to: (1) Medicaid provider contracts; or (2) leases or contracts for sale of real property. N…

The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise. (1) Accredited--Holding institutional accreditation by name as a U.S.-based institution from an accreditor recognized by the U.S. Depart…

The following words and terms, when used in this subchapter, have the following meanings, unless the context clearly indicates otherwise: (1) Best value--The optimum combination of economy and quality that is the result of fair, efficient, and practical procurement decision-makin…

(a) With the exception of construction contracts, TDMHMR must acquire goods and services by a method approved by the Health and Human Services Commission (HHSC) that provides the best value to TDMHMR. Acquisition of goods and services must be in accordance with: (1) the Texas Gov…

(a) Conflicts of interests and standards of conduct for TDMHMR employees and officers. (1) Conflicts of interest. TDMHMR employees and officers may not have a conflict of interest in contracts management. An employee or officer has a conflict of interest when the employee, office…

Texas Administrative Code Title 1 - ADMINISTRATION Title 4 - AGRICULTURE Title 7 - BANKING AND SECURITIES Title 10 - COMMUNITY DEVELOPMENT Title 13 - CULTURAL RESOURCES Title 16 - ECONOMIC REGULATION Title 19 - EDUCATION Title 22 - EXAMINING BOARDS Title 25 - HEALTH SERVICES Titl…

(a) Unless an exception is granted by CC&PS, all contracts governed by this subchapter must include the following standards and conditions: (1) the beginning and ending dates of the contract; (2) identification of the service(s) or good(s) to be purchased; (3) identification of a…

(a) Consultant contracts. All consultant contracts must conform with the requirements of the Texas Government Code, Chapter 2254, Subchapter B. (b) Professional services contracts. All professional services contracts must conform with the requirements of the Texas Government Code…

(a) All contracts governed by this subchapter may be extended or renewed only if: (1) the solicitation or contract allows for extension or renewal; (2) funding is available for the extension or renewal; (3) extension or renewal is in the best interest of TDMHMR; (4) the contracto…

(a) The DADS motor pool consists of agency vehicles permanently assigned to state office, a regional office, or a facility. (b) Except as provided by subsection (c) of this section, a vehicle in the motor pool is available for use as needed. A vehicle in the motor pool may be ass…

(a) Subrecipient must ensure that data on all persons served and all activities assisted under Homeless Programs is entered into the applicable HMIS or HMIS-comparable database for domestic violence or legal service providers in order to integrate data from all homeless assistanc…

(a) Any respondent who is aggrieved in connection with TDMHMR's award or tentative award of a contract may formally protest to the contract director (as defined). Protests must be in writing and received by the contract director no later than 10 working days after such aggrieved …

All contracts must be monitored for compliance. (1) Construction contracts. The monitoring activities for all construction contracts must include performing desk reviews of invoices and reports and conducting on-site reviews. (2) Certain professional services contracts. The monit…

(a) TDMHMR may impose remedies and sanctions for a contractor's default. Default by a contractor includes: (1) submitting falsified documents or fraudulent invoicing or making false representations or certifications relating to the contract; (2) endangering the life, health, welf…

TDMHMR and its contractors must comply with Chapter 417, Subchapter S of this title (relating to Negotiation and Mediation of Certain Contract Claims Against TDMHMR), as applicable. Notes 40 Tex. Admin. Code § 7.63 The provisions of this §7.63 adopted to be effective July 1, 2001…

The following laws and rules are referenced in this subchapter: (1) Texas Government Code, Chapters 656, Subchapter C; 783; 771; 791; 2054; 2105; 2157; 2166; and 2254, Subchapters A and B; §403.055; §411.115; §572.054; §659.0115; §2155.004; 2155.083; §2155.144; §2252.901; and §22…

This subchapter shall be distributed to: (1) members of the Texas MHMR Board; (2) executive, management, and program staff at Central Office; (3) superintendents/directors of all TDMHMR facilities; and (4) advocacy organizations. Notes 40 Tex. Admin. Code § 7.65 The provisions of…

Texas Administrative Code Title 1 - ADMINISTRATION Title 4 - AGRICULTURE Title 7 - BANKING AND SECURITIES Title 10 - COMMUNITY DEVELOPMENT Title 13 - CULTURAL RESOURCES Title 16 - ECONOMIC REGULATION Title 19 - EDUCATION Title 22 - EXAMINING BOARDS Title 25 - HEALTH SERVICES Titl…

(a) In accordance with § 1.22 of this title (relating to Providing Contact Information to the Department), Subrecipient will notify the Department and provide contact information for staff that approve the Contract and submit/approve reports in the Contract System. A primary and …

Texas Administrative Code Title 1 - ADMINISTRATION Title 4 - AGRICULTURE Title 7 - BANKING AND SECURITIES Title 10 - COMMUNITY DEVELOPMENT Title 13 - CULTURAL RESOURCES Title 16 - ECONOMIC REGULATION Title 19 - EDUCATION Title 22 - EXAMINING BOARDS Title 25 - HEALTH SERVICES Titl…

(a) Records must be kept in accordance with § 1.409 of this Title (relating to Records Retention). (b) Record retention for construction/rehabilitation/conversion of emergency shelters or Dwelling Units must be retained until the expiration of the LURA. (c) For ESG, retention for…

(a) When a Contract is terminated or voluntarily relinquished, the procedures described in this subsection will be implemented. (b) The terminology of a "terminated" Subrecipient is intended to include the Subrecipient that is voluntarily or involuntarily terminating their Contra…

The plant maintenance manager or designee must ensure that a contractor obtains a material safety data sheet before installing any material or replacement part at the facility. If according to the material safety data sheet the material or replacement part contains more than one …

Texas Administrative Code Title 1 - ADMINISTRATION Title 4 - AGRICULTURE Title 7 - BANKING AND SECURITIES Title 10 - COMMUNITY DEVELOPMENT Title 13 - CULTURAL RESOURCES Title 16 - ECONOMIC REGULATION Title 19 - EDUCATION Title 22 - EXAMINING BOARDS Title 25 - HEALTH SERVICES Titl…

The purpose of this subchapter is to describe the provisions for negotiation and mediation of certain contract claims against the Texas Department of Mental Health and Mental Retardation (TDMHMR), pursuant to the Government Code, § 2260.052(c). Notes 40 Tex. Admin. Code § 7.901 T…

(a) This subchapter applies to the Texas Department of Mental Health and Mental Retardation (TDMHMR). (b) This subchapter does not apply to an action of a unit of state government for which a contractor is entitled to a specific remedy pursuant to state or federal constitution or…

The following words and terms, when used in this subchapter, have the following meaning, unless the context clearly indicates otherwise: (1) Chief administrative officer--The commissioner, executive director, president or other executive officer responsible for the day to day ope…

The procedures contained in this subchapter are exclusive and required prerequisites to suit under the Civil Practice and Remedies Code, Chapter 107, and the Government Code, Chapter 2260. Notes 40 Tex. Admin. Code § 7.904 The provisions of this §7.904 adopted to be effective Feb…

This subchapter does not waive a unit of state government's sovereign immunity to suit or liability. Notes 40 Tex. Admin. Code § 7.905 The provisions of this §7.905 adopted to be effective February 22, 2001, 26 TexReg 1513; Transferred effective September 1, 2004, as published in…

(a) A contractor asserting a claim of breach of contract under the Government Code, Chapter 2260, shall file notice of the claim as provided by this section. (b) The notice of claim shall: (1) be in writing and signed by the contractor or the contractor's authorized representativ…

(a) A unit of state government asserting a counterclaim under the Government Code, Chapter 2260, shall file notice of the counterclaim as provided by this section. (b) The notice of counterclaim shall: (1) be in writing; (2) be delivered by hand, certified mail return receipt req…

(a) Upon the filing of a claim or counterclaim, parties may request to review and copy information in the possession or custody or subject to the control of the other party that pertains to the contract claimed to have been breached, including, without limitation: (1) accounting …

The parties shall negotiate in accordance with the timetable set forth in § 417.910 of this title (relating to Timetable) to attempt to resolve all claims and counterclaims. No party is obligated to settle with the other party as a result of the negotiation. Notes 40 Tex. Admin. …

(a) Following receipt of a contractor's notice of claim, the chief administrative officer of the unit of state government or other designated representative shall review the contractor's claim(s) and the unit's counterclaim(s), if any, and initiate negotiations with the contracto…

(a) Negotiation is a consensual bargaining process in which the parties attempt to resolve a claim and counterclaim. A negotiation under this division may be conducted by any method, technique, or procedure authorized under the contract or agreed upon by the parties, including, w…

The parties' settlement approval procedures shall be disclosed prior to, or at the beginning of, negotiations. To the extent possible, the parties shall select negotiators who are knowledgeable about the subject matter of the dispute, who are in a position to reach agreement, and…

(a) A settlement agreement may resolve an entire claim or any designated and severable portion of a claim. (b) To be enforceable, a settlement agreement must be in writing and signed by representatives of the contractor and the unit of state government who have authority to bind …

Unless the parties agree otherwise, each party shall be responsible for its own costs incurred in connection with a negotiation, including, without limitation, the costs of attorney's fees, consultant's fees and expert's fees. Notes 40 Tex. Admin. Code § 7.914 The provisions of t…

(a) If a claim for breach of contract is not resolved in its entirety through negotiation, mediation or other assisted negotiation process in accordance with this subchapter on or before the 270th day after the unit receives the notice of claim, or after the expiration of any ext…

(a) The contractor and unit of state government may agree to mediate the dispute at any time before the 270th day after the unit of state government receives a notice of claim of breach of contract, or before the expiration of any extension agreed to by the parties in writing. (b…

(a) Mediation is a consensual process in which an impartial third party, the mediator, facilitates communication between the parties to promote reconciliation, settlement, or understanding among them. A mediator may not impose his or her own judgment on the issues for that of the…

(a) Parties may agree to use mediation as an option to resolve a breach of contract claim at the time they enter into the contract and include a contractual provision to do so. The parties may mediate a breach of contract claim even absent a contractual provision to do so if both…

(a) The mediator shall possess the qualifications required under Civil Practice and Remedies Code, § 154.052, be subject to the standards and duties prescribed by Civil Practice and Remedies Code, § 154.053 and have the qualified immunity prescribed by Civil Practice and Remedies…

(a) A mediation conducted under this division is confidential in accordance with Government Code, § 2009.054. (b) The confidentiality of a final settlement agreement to which a unit of state government is a signatory that is reached as a result of the mediation is governed by Gov…

Unless the contractor and unit of state government agree otherwise, each party shall be responsible for its own costs incurred in connection with the mediation, including costs of document reproduction for documents requested by such party, attorney's fees, and consultant or expe…