1. (a) The commission may delegate, to institutions of higher education, the authority to enter into leases for space that are to be paid for from funds other than general revenue appropriations.
2. (b) An institution of higher education may request a delegation of leasing authority by a written request, addressed to the State Lease Officer, signed by the president of the institution or his designee.

3. (c) A request for delegation must contain certifications that:

   1. (1) the institution will comply with the requirements of Texas Government Code, Title 10, Subtitle D, Chapter 2167, §2167.005, and the rules of the commission promulgated thereunder in exercising its delegated authority;
   2. (2) the institution has a procedure in place to resolve disputes and protests regarding its delegated leases;
   3. (3) all rental payments made pursuant to leases entered into under the institution's delegated authority shall be made from funds other than appropriations from general revenue; and
   4. (4) the institution will provide the commission with those records described in Texas Government Code, Title 10, Subtitle D, Chapter 2167, §2167.005 for all delegated leases on an annual basis.
4. (d) If at any time during the term of a delegated lease, it is determined that funds other than general revenue appropriations are not available to cover the lease, or the institution seeks reimbursement of any previously paid rental payments from general revenue appropriations, the institution's delegated authority as to that lease shall be cancelled, and the institution shall transmit the entire lease file to the commission no later than 10 days before the due date of the next rental payment. The commission shall review the delegated lease and shall make a determination that the competitive bidding requirements of Texas Government Code, Title 10, Subtitle D, Chapter 2167, Subchapter B, and the rules of the commission were complied with in entering into the lease. If such a determination is made, the delegated lease shall be continued and administered by the commission as though it had been entered into by the commission. If such a determination can not be made, the commission shall as practicably as possible, cause the existing lease to be terminated and acquire space for the institution in accordance with the requirements of Texas Government Code, Title 10, Subtitle D, Chapter 2167, Subchapter B and the rules of the commission as then in effect.

Source Note:The provisions of this §115.10 adopted to be effective November 21, 1999, 24 TexReg 10034.