1. (a) The Board shall approve all requests for the purchase of materials or services if the cost for those materials or services is expected to exceed $750,000.00. After a vendor is selected, the Chair and Vice Chair of the Board shall provide final approval of the contract with the selected vendor.
2. (b) The Agency Operations Committee shall approve all requests for the purchase of materials or services if the cost for those materials or services is greater than $100,000.00 but less than or equal to $750,000.00. After a vendor is selected, the Chair and Vice Chair of the Board shall provide final approval of the contract with the selected vendor.

3. (c) The Commissioner or the Deputy Commissioner for Business and Finance/Chief Operating Officer shall approve all contracts for the purchase of materials or services if the contract amount is less than or equal to $100,000.00. The Commissioner may delegate his approval authority to a deputy, associate, or assistant commissioner if:

   1. (1) The contract amount is less than or equal to $5,000; or
   2. (2) The Commissioner and the Deputy Commissioner for Business and Finance/Chief Operating Officer will be away from the agency and unavailable to approve contracts for more than one business day.
4. (d) The Commissioner shall provide a report to the Agency Operations Committee, at least quarterly, describing all contracts for the purchase of materials or services.
5. (e) The Chair and Vice Chair of the Board shall have the authority to approve emergency purchase requests and contracts for materials or services over $100,000 that must be entered into in order to prevent a hazard to life, health, safety, welfare, property or to avoid undue additional cost to the state. Emergency purchase requests and contracts shall be exempt from subsections (a) and (b) of this section.
6. (f) In the event that the agency is required by statute to enter into a contract for the purchase of materials or services with a value of over $100,000, including the awarding of grants, approval of such a request or contract by the Board or the Agency Operations Committee pursuant to subsection (a) or (b) of this section, as appropriate, shall not be required when such an award involves no discretion by the Board or agency staff. The Commissioner shall approve such contracts and report them to the Board at the next quarterly Board meeting following the approval.
7. (g) In the event that a contract for a given amount has been approved by either the Board or the Agency Operations Committee, as applicable, and circumstances alter such that the expenditure necessary under the contract increases by not more than ten per cent, the Commissioner or the Deputy Commissioner for Business and Finance/Chief Operating Officer may approve such an increase. Should the increase in expenditure exceed ten per cent, the contract must be resubmitted for approval by the Board or Agency Operations Committee, as appropriate.
8. (h) In the event that the Board or the Agency Operations Committee, as applicable, has approved the issuance of a request for the purchase of materials or services that will result in the letting of contracts, including grants, to multiple vendors or providers of services, any resulting contract which by itself shall have a cost greater than $100,000 must be approved by the Chair and Vice Chair of the Board. The Commissioner or the Deputy Commissioner for Business and Finance/Chief Operating Officer, in accordance with subsection (c) of this section, shall provide final approval of contracts with the selected vendors or providers of services if the contract amount is less than or equal to $100,000.

Source Note:The provisions of this §1.16 adopted to be effective August 15, 2006, 31 TexReg 6325; amended to be effective February 18, 2007, 32 TexReg 525; amended to be effective November 29, 2007, 32 TexReg 8482; amended to be effective February 28, 2008, 33 TexReg 1526; amended to be effective November 18, 2008, 33 TexReg 9228; amended to be effective August 26, 2009, 34 TexReg 5675.