Section 27.103 - Approval by the Commissioner of AgricultureThe Corporation is required to obtain approval from the Commissioner as follows.
(1) The Commissioner must approve in writing the Corporation's policy for the procurement of goods and/or services. The procurement policy must be reviewed annually following initial approval. The procurement policy of the Corporation shall include:(A) a requirement in regards to purchases of goods or services: (i) that all purchase, service and/or lease agreements over the amount of $20,000 be approved by the Commissioner;(ii) a requirement that a statement of justification of need for the goods or services being purchased and/or leased be provided for each purchase and/or lease; and(iii) a provision that excludes routine or day-to-day operating expenditures such as office supplies, payroll or utilities from this requirement.(B) provisions for obtaining of competitive bids, including a requirement that bid announcements (request for bids) for purchases and/or leases, or financing of purchases and/or leases over the amount of $20,000 be approved by the Commissioner prior to distribution of the request for bid.(2) The Corporation must obtain approval in writing from the Commissioner to borrow money to fund operations of the Corporation. (A) An approval request for the borrowing of money must first be approved by a majority of the board in an open meeting.(B) Once approved by the board, the request for approval to borrow money must be submitted to the Commissioner in writing at least 30 days before the date of the actual borrowing transaction and include: (i) name and address of lender;(ii) amount to be borrowed;(iii) copy of terms of agreement for the transaction and any supporting documentation;(iv) a statement of justification for choosing the lender including other options considered; and(v) any other information requested by the Commissioner.(3) The Commissioner shall review and approve the Corporation's operating budget in writing. No funds may be used to fund programs not approved by the Commissioner. The budget must: (A) be approved on an annual basis to correspond with the Corporation's fiscal year;(B) be submitted at least 30 days prior to be the end of the Corporation's fiscal year;(C) be approved by the Corporation board in an open meeting prior to submission to the Commissioner;(D) include the following: (i) a breakdown of expenses to show the budget as projected by zone;(ii) a breakdown of Corporation operating expenses;(iii) total projected budget including expenses for goods and services to be approved by the Commissioner; and(iv) a description of programs to be implemented using budgeted funds.(4) Budget revisions are permitted between the approved budget line items. Prior written approval from the Commissioner is required on all cumulative transfers for the fiscal year covered by the proposed budget of funds among budget line items when the amount transferred exceeds 10% of the total annual budget.(5) The Commissioner must approve in writing the use of a bank depository prior to the deposit of funds by the Corporation.(6) The Corporation must seek written approval from the Commissioner to enter cooperative agreements to destroy and manage pests and diseases in this state between the Corporation and: (A) an agency of the federal government;(C) an appropriate agency of a foreign country contiguous to the affected area to the extent allowed by federal law;(D) a person who is engaged in growing, processing, marketing, or handling citrus;(E) a group of persons in this state involved in similar programs to carry out the purposes of this Chapter; or(F) an appropriate state agency of another state contiguous to the affected area, to the extent allowed by federal law, the law of the contiguous state, and the law of this state.4 Tex. Admin. Code § 27.103
Adopted by Texas Register, Volume 40, Number 48, November 27, 2015, TexReg 8637, eff. 12/6/2015