40 Tex. Admin. Code § 7.57 - Additional Requirements for Specific Contracts

(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, Chapter 2254, Subchapter A.

(c) Grant contracts. All grant contracts must conform with the requirements of all terms and conditions of the grant and the Texas Health and Safety Code, § 533.001(d). Block grant contracts must also conform with the requirements of:

(1) the Texas Government Code, Chapter 2105; and

(2) the Uniform Grant Management Standards, promulgated by the Governor's Office of Budget and Planning, pursuant to the Texas Government Code, Chapter 783, and 1 TAC, Part 1, Chapter 5, Subchapter A, Division 4.

(d) Automated information systems (i.e., information services) contracts. Automated information systems contracts must conform with the requirements of the Texas Government Code, Chapters 2054 and 2157, and applicable rules and requirements of the Texas Department of Information Resources, the General Services Commission, and the Legislative Budget Board.

(e) Construction contracts. All construction contracts must conform with the requirements of the Texas Health and Safety Code, § 551.007, the Uniform General Conditions for Construction Contracts, promulgated by the General Services Commission, pursuant to the Texas Government Code, Chapter 2166, and TDMHMR's Supplementary General Conditions for Construction Contracts.

(f) Interagency contracts. All interagency contracts must conform with the requirements of the Texas Government Code, Chapter 771.

(g) Interlocal contracts. All interlocal contracts must conform with the requirements of the Texas Government Code, Chapter 791.

(h) Employee education and training contracts. All employee education and training contracts must conform with the requirements of the Texas Government Code, Chapter 656, Subchapter C.

(i) Performance contracts.

(1) If a performance contract provision requires the local authority to acquire a good through a subcontract, then the performance contract provision must identify the local authority or TDMHMR as the owner of the good.

(2) If a performance contract provision requires the local authority to subcontract with a business entity to develop or create intellectual property (e.g., computer software), then the performance contract provision must state the requirements to be included in the subcontract that relate to:

(A) ownership of the intellectual property;

(B) TDMHMR's and/or the local authority's right to use, modify, reproduce, or disseminate the intellectual property to others; and

(C) indemnity of the local authority and TDMHMR should the subcontractor violate the intellectual property rights of a third party.

Notes

40 Tex. Admin. Code § 7.57

The provisions of this §7.57 adopted to be effective July 1, 2001, 26 TexReg 4719; Transferred effective September 1, 2004, as published in the Texas Register September 10, 2004, 29 TexReg 8841