- (a) The State Council on Competitive Government will obtain the contract(s) with the vendor(s) to provide the video units. To facilitate the transfer of the video units to the successful applicants, the department will use a voucher system.
- (b) The department will send a voucher to the successful applicants, notifying the applicant of the number of video unit(s) awarded to the applicant. The department will only award video units using the voucher system. Applicants shall not use vouchers to replace video units that an applicant already owns at the time the voucher is awarded.
- (c) The department will begin sending out vouchers after September 1, 2002.
- (d) The department will notify the unsuccessful applicants by letter, pursuant to Article 2.135(a)(2) of the Texas Code of Criminal Procedure.
- (e) Upon receipt of the voucher, the applicant must present the voucher to a vendor listed in the voucher to obtain the video unit(s). The vendor will ship the video unit(s) to the applicant.
- (f) The applicant must present the voucher to a listed vendor within the timeline listed in the voucher. If an applicant fails to present the voucher to a listed vendor within the timeline listed in the voucher, the voucher will be invalidated.
- (g) The applicant must obtain the number of video units listed in the voucher. Although the applicant will have the opportunity to buy upgrades for any video unit(s) they obtain with the voucher, the applicant can not combine multiple video units to obtain upgraded video unit(s). Also, the applicant can not use their voucher to obtain multiple downgraded video units.
- (h) Upon receipt of the video unit(s), the applicant must then install the video unit(s) and return the certificate of installation and use to the department, according to Article 2.137(d) of the Texas Code of Criminal Procedure, within 60 calendar days of the applicant's receipt of the video unit(s) from the vendor.
- (i) The department does not own and will not own the video units that will be awarded to the successful applicants. Once the applicant redeems the voucher, the applicant will become the owner of the video unit(s). The owner of the video unit(s) will be responsible for contacting the vendor regarding any warranty, defect or recall issues. The owner of the video unit(s) will also be responsible for any other issues regarding the procurement, use or disposal of the video unit(s).
(j) The department will not award vouchers or otherwise provide funding for the following:
- (1) Installing the video units;
- (2) Purchasing video tapes;
- (3) Purchasing portable voice tape recorders; and
- (4) Purchasing equipment for motorcycles, bicycles, horse patrols, foot patrols, unmarked patrol vehicles, etc.
- (k) Applicants may not assign, sell or otherwise transfer their voucher. If an applicant assigns, sells or otherwise transfers their voucher, the voucher is automatically invalidated.
- (l) All awards made by the department are final.
Source Note:The provisions of this §1.284 adopted to be effective August 20, 2002, 27 TexReg 7539.