Skip to content
Breadcrumbs

eXpendit

Note: To navigate this guide on a mobile device you must use the Table of Contents.

Definitions

A

Abstract of Judgment
A document usually prepared and certified by the clerk of the court. It includes the amount of the judgment and the names of the plaintiff and defendant. With a few exceptions as noted in the property code, when an abstract of judgment is recorded and indexed, it constitutes a lien on (and attaches to) any real property of the defendant.
Affected County
  • A county any part of which is located within 50 miles of an international border.
  • A county:
    • Any part of which is located within 100 miles of an international border.
    • That contains the majority of the area of a municipality with a population of more than 250,000.
      –and–
    • No part of which is located within 50 miles of an international border.
Affiliate
A person or entity who enters into with another person or entity a legal relationship created or governed by at least one written instrument (including a certificate of formation, a franchise agreement, standards of affiliation, bylaws or a license) that demonstrates:
  • A common ownership, management or control between the parties to the relationship.
  • A franchise granted by the person or entity to the affiliate.
    –or–
  • The granting or extension of a license or other agreement authorizing the affiliate to use the other person’s or entity’s brand name, trademark, service mark or other registered identification mark.
Agency
  • An instrumentality of the state that occupies and uses a state-owned or state-leased building.
  • The TFC, with respect to a state-owned building maintained by TFC.
Alternative Dispute Resolution
Procedures that include a procedure described by Civil Practice and Remedies Code, Chapter 154, and a combination of procedures described by that chapter.
Alternative Fuel
  • Compressed natural gas
  • Liquefied natural gas
  • Liquefied petroleum gas
  • Methanol or methanol/gasoline blends of at least 85 percent
  • Ethanol or ethanol/gasoline blends of at least 85 percent
  • Biodiesel or biodiesel/diesel blends of at least 20 percent
  • Electricity, including electricity to power a plug-in hybrid motor vehicle

Source: Texas Government Code, Section 2158.004

Ammunition
Fixed cartridge ammunition, shotgun shells, individual components of fixed cartridge ammunition and shotgun shells, projectiles for muzzle-loading firearms, or any propellant used in firearms or ammunition.

Source: Local Government Code, Section 229.001(e)

Appointed Officer
Has the meaning assigned by Texas Government Code, Section 572.002.
Appropriated Money
Money appropriated by the Legislature through the General Appropriations Act (GAA) or other law.

Source: Texas Government Code, Section 2113.001(1)

Appropriation Year
Budget period the expenditure/revenue should be counted in.
Approved Peer Assistance Program
A program designed to help an impaired professional that is:
  • Established by a licensing or disciplinary authority.
    –or–
  • Approved by a licensing or disciplinary authority as meeting the criteria established by the department and any additional criteria established by that authority.
Assign
To transfer one’s right, interest, or title to property (including a future payment) to someone else.
Assignee
The party to whom a right or property is transferred; the party receiving the right to payment.
Auxiliary Enterprises
A business activity conducted at a state agency that provides a service to the agency and is not paid for with appropriated money.

B

Boycott Energy Company
Refusing to do business or terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm or limit commercial relations with a company because the company:
  • Engages in the exploration, production, utilization, transportation, sale or manufacturing of fossil fuel-based energy and does not commit or pledge to meet environmental standards beyond applicable federal and state law.
    –or–
  • Does business with said type of company.
Boycott Israel
Refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel or with a person or entity doing business in Israel or in an Israeli-controlled territory, but does not include an action made for ordinary business purposes.

C

Center
An office, department or other organizational unit established by an institution of higher education to manage, transfer, market or otherwise commercialize technology and to aid in the discovery, development, protection or commercialization of technology.

Source: Texas Education Code, Chapter 153.

Certification
A state agency’s declaration to the Comptroller’s office that the:
  • Goods or services received by the agency comply with contract requirements.
    –and–
  • Invoice received by the agency for the goods or services is correct.

Source: Texas Administrative Code, Title 34, Section 5.61(a)(2)

Commercial Lodging Establishment
A motel, hotel, inn, apartment or similar entity that offers lodging to the public in exchange for compensation.

Source: Texas Government Code, Section 2001.103(e)

Commercial Transportation Company
An entity that offers transportation of people or goods to the public in exchange for compensation.

Source: Texas Government Code, Section 2001.103(e)

Communications Services
Local telephone service, toll telephone service or teletypewriter exchange service.
Company
A for-profit organization, association, corporation, partnership, limited liability partnership or limited liability company. The term does not include a sole proprietorship.
Compensation
Base salary or wages, longevity pay, hazardous duty pay, benefit replacement pay or an emolument provided in lieu of base salary or wages.
Consultant
A person that provides or proposes to provide a consulting service.
Consulting Service
A study conducted for a state agency or advice provided to a state agency under a contract that does not involve the traditional relationship of employer and employee. The term does not include a routine service necessary to the functioning of a state agency’s programs.
Contested Case
A proceeding (including a ratemaking or licensing proceeding) in which the legal rights, duties or privileges of a party are to be determined by a state agency after an opportunity for adjudicative hearing.
Contingent Fee Contract
A contract for legal services under which the amount or the payment of the fee for services is dependent in whole or in part on the outcome of the matter for which the services were obtained. The contingent fee contract includes an amendment for legal services as described by Subchapter C, Government Code, Section 2254 if the amendment:
  • Changes the scope of representation
    –or–
  • May result in the filing of an action or the amending of a petition in an existing action

Source: Texas Government Code, Section 2254.101

Contract
A written contract between a unit of state government and a contractor for goods or services.
Contracted
A written agreement where a contractor provides goods or services and the agency pays for such goods and services in accordance with the established price, terms and conditions.
Contractor
An independent contractor who has entered into a contract directly with a unit of state government. The term does not include:
  • A contractor’s subcontractor, officer, employee, agent or other person furnishing goods or services to a contractor.
  • An employee of a unit of state government.
  • A student at an institution of higher education.
Construction
The term includes acquisition and reconstruction.
Cost of a project
Includes the cost of:
  • Real estate
  • Other property
  • Rights and easements
  • Utility services
  • Site development
  • Construction and initial furnishing and equipment
  • Architectural, engineering and legal services
  • Surveys, plans and specifications
  • Other costs necessary or incidental to determining the feasibility or practicability of a project (including those incurred by the Texas Facilities Commission [TFC])
Criminal Proceeding
A proceeding in which confinement in jail is a permissible punishment. The term includes a juvenile proceeding in which a determinate sentence is possible.

D

Dam
Any barrier, including any appurtenant structures, that is constructed for the purpose of permanently or temporarily impounding water.
Deaf or Hearing-Impaired
Having a hearing impairment, regardless of the existence of a speech impairment, that inhibits communication with others or comprehension of an examination or proceeding.
Department
The Department of State Health Services.
Deposit
Money paid by a state agency to a person or entity to secure the agency’s proper performance of a contract with the person or entity.
Discriminate Against a Firearm Entity or Firearm Trade Association
To refuse to engage in the trade of any goods or services, refrain from continuing an existing business relationship or terminate an existing business relationship with the entity or association based solely on its status as a firearm entity or firearm trade association.
Disparity Study
The state of Texas Disparity Study (a Report to the Texas Legislature as Mandated by House Bill No. 2626, 73rd Legislature, Dec. 1994) that was prepared by National Economic Research Associates, Inc. Act of May 24, 1993, 73rd Legislature, R.S., General and Special Laws of Texas 2537, 2558, Chapter 684, Section 65(c).
Distribution Date
  • If no payment law prohibits the Comptroller’s office from issuing a warrant, the date the Comptroller’s office makes the warrant available:
    • For mailing directly to its payee under the State Purchasing and General Services Act. Source: Texas Government Code, Section 2155.382(c)
      –or–
    • To the state agency that requested issuance of the warrant.
  • If a payment law prohibits the Comptroller’s office from issuing a warrant, the distribution date is the same date the Comptroller’s office made the warrant available, (in the absence of the payment law):
    • For mailing directly to its payee under the State Purchasing and General Services Act. Source: Texas Government Code, Section 2155.382(c)
      –or–
    • To the state agency that requested issuance of the warrant.
  • If no payment law prohibits the Comptroller’s office from initiating an EFT, the distribution date is the same as the date the Comptroller’s office initiates the EFT.
  • If a payment law prohibits the Comptroller’s office from initiating an EFT, the distribution date is the date the Comptroller’s office made the warrant available (in the absence of the payment law): Source Texas Government Code, Section 403.0552(b)
    • For mailing directly to its payee Source: State Purchasing and General Services Act, Texas Government Code, Section 2155.382(c)
      –or–
    • To the state agency that requested issuance of the warrant

E

EFT
An electronic funds transfer.
Employee
A person employed in the service of the system under an appointment or oral or written express contract for hire whose name appears on the system’s payroll.

Source: (Texas Labor Code, Sections 503.001(2)

Eligible Computer Science Institution
A general academic teaching institution that offers a baccalaureate degree program in a computer science.
Eligible Engineering Institution
A general academic teaching institution that offers a baccalaureate degree program in engineering accredited by the Accreditation Board for Engineering and Technology.
Eligible Private or Independent Engineering Institution
A private or independent institution of higher education that offers a baccalaureate degree program in electrical engineering accredited by the Accreditation Board for Engineering and Technology.
Employment Contract
Includes a personal services contract, regardless if the performance of the contract involves the traditional relationship of employer and employee. The term does not apply to an at-will employment relationship that involves the traditional relationship of employer and employee.

Source: Texas Government Code, Section 2252.901(d) (1)

Entertainment Expenses
Expenses for items like food, traveling, theatre tickets and parties for persons who are not state officers or employees. The term does not include alcohol or alcoholic beverages.
Enterprise Resource Planning
Includes the administration of a state agency’s:
  • General ledger
  • Accounts payable
  • Accounts receivable
  • Budgeting
  • Inventory
  • Asset management
  • Billing
  • Payroll
  • Projects
  • Grants
  • Human resources (including administration of performance measures) time spent on tasks and other personnel and labor issues.
Executive Administrator
The executive administrator of the Texas Water Development Board.

Source: Texas Water Code, Section 6.001(2)

Executive Director
The executive director of the Texas Commission on Environmental Quality.

Source: Texas Water Code, Section 5.001(3)

Expert Witness
A person with a specialized skill or knowledge who is called upon to provide as evidence an opinion on facts already proven. Expert witnesses often provide opinions on topics requiring specialized scientific or technical knowledge. Expert witnesses do not provide evidence of things done or seen that anyone who had done or seen them would be competent to prove.

F

Facilities Management Services
Any state agency facilities management service not unique to carrying out a program of the agency. The term includes services related to:
  • Facilities construction
  • Facilities management
  • General building and grounds maintenance
  • Cabling and facility reconfiguration

Source: Texas Government Code, Sections 2165.007(a)

Firearm
Any device designed, made or adapted to expel a projectile through a barrel by using the energy generated by an explosion or burning substance or any device readily convertible to that use.

Source: Texas Penal Code, Section 46.01

Firearm Accessory
An item that is used in conjunction with or mounted on a firearm but is not essential to the basic function of the firearm. The term includes a detachable firearm magazine.
Firearm Trade Association
Any person, corporation, unincorporated association, federation, business league or business organization that:
  • Is not organized or operated for profit and for which none of its net earnings result in a benefit to any private shareholder or individual.
  • Has two or more firearm entities as members.
    –and–
  • Is exempt from federal income taxation under the 1986 Internal Revenue Code, Section 501.
Fiscal Year
Financial reporting period the transaction should be reported in. The state fiscal year-end is Aug. 31 of each year. State government appropriations conform to this fiscal year.
Funds
Public funds in the custody of a state agency:
  • Not required by law to be deposited in the state treasury
    –and–
  • the agency has authority to invest.

G

Gas Utility
Has the meaning assigned by the Texas Utilities Code, Section 101.003(7).
General Academic Teaching Institution
Has the meaning assigned by Texas Education Code, Section 61.003.
Gift
A donation of money or property.
Goods
Includes supplies, materials or equipment.
Governing Board
The body charged with policy direction of any public technical institute, public junior college, public senior college or university, medical or dental unit or other agency of higher education, including but not limited to boards of directors, boards of regents, boards of trustees and independent school boards insofar as they are charge with policy direction of a public junior college.

Source: Education Code, Section 61.003(9)

Governmental Body (does not include the judiciary)
  • A board, commission, department, committee, institution, agency or office within or created by the executive or legislative branch of state government and directed by at least one elected or appointed member.
  • A county commissioners court or a municipal governing body in the state.
  • A deliberative body with rulemaking or quasi-judicial power that is classified as a department, agency or political subdivision of a county or municipality.
  • A school district board of trustees, a county board of school trustees or a county board of education.
  • The governing board of a special district.
  • A local workforce development board created under Texas Government Code, Section 2308.253.
  • The governing body of a nonprofit corporation organized under Chapter 67, Water Code, that provides a water supply or wastewater service, or both, and is exempt from ad valorem taxation under Texas Tax Code, Section 11.30.
  • The part, section or portion of an organization, corporation, commission, committee, institution or agency that spends or is supported in whole or in part by public funds.
  • A nonprofit corporation eligible to receive funds under the federal community services block grant program and authorized by this state to serve a geographic area of the state.

Source: Texas Government Code, Section 552.003(1)

Governmental Contract
A contract awarded by a governmental entity for general construction, an improvement, a service or a public works project, or for a purchase of supplies, materials or equipment.

Source: Texas Government Code, Section 2252.001(1)

Governmental Entity
A state agency, county, municipality, public school district or special purpose district or authority.

Source: Texas Government Code, Section 2251.001(3)

Governmental Representative
Includes an officer, employee or agent of a governmental entity.
Grant
An expenditure of funds from the State Treasury to a person or entity that does not directly provide consideration or a benefit to the state in exchange for the funds. This includes a grant-in-aid.

H

Hazardous Position
A position for which the regular and normal duties inherently involve the risk or peril of bodily harm or injury.

Source: Rider 12 in the appropriations to the Department of Criminal Justice and Rider 8 in the appropriations to the Juvenile Justice Department in the General Appropriations Act.

Head of Agency
The elected or appointed state official who is authorized by law to administer a state agency.

Source: Texas Administrative Code, Title 34, Section 5.61(a)(7)

Historically Underutilized Business
An entity with its principal place of business in this state that does not exceed any size standard established by SPD and that is a:
  • Corporation formed for the purpose of making a profit in which at least 51 percent of all classes of the shares of stock or other equitable securities are owned by one or more economically disadvantaged persons who have a proportionate interest and actively participate in the corporation’s control, operation and management.
  • Sole proprietorship created for the purpose of making a profit that is completely owned, operated and controlled by an economically disadvantaged person.
  • Partnership formed for the purpose of making a profit in which at least 51 percent of the assets and interest in the partnership are owned by one or more economically disadvantaged persons who have a proportionate interest and actively participate in the partnership’s control, operation and management.
  • Joint venture in which each entity in the venture is a historically underutilized business, as determined under another bullet of this definition.
Historic Structure
A structure:
  • Included on the National Register of Historic Places.
  • Designated as a Recorded Texas Historic Landmark.
  • Designated as a State Archeological Landmark.
  • Determined by the Texas Historical Commission to qualify as eligible property under criteria for inclusion on the National Register. of Historic Places or for designation as a Recorded Texas Historic Landmark or as a State Archeological Landmark.
  • Certified by the Texas Historical Commission to other state agencies as worthy of preservation.
  • Designated by an ordinance of a municipality with a population of more than 1.5 million as historic.
Honorarium
A payment of money or anything of value for an appearance, speech or article.

Source: Code of Federal Regulations, Title 5, Chapter XVI, Subchapter B, Part 2634.105(i)

Human Services
Providing for basic human mental or physical needs.

Source: Texas Government Code, Section 2109.001(2)

I

Impaired Professional
A professional whose ability to perform a professional service is impaired by chemical dependency on drugs or alcohol or by mental illness.
Impaired Student
A student whose ability to perform the services of the profession for which the student is preparing for licensure would be, or would reasonably be expected to be, impaired by chemical dependency on drugs or alcohol or by mental illness.
Independent Contractor
A person who contracts to perform work or provide a service for the benefit of another and who ordinarily:
  • Acts as the employer of any employee of the contractor by paying wages, directing activities, and performing other similar functions characteristic of an employer-employee relationship.
  • Is free to determine the manner in which the work or service is performed, including the hours of labor or method of payment to any employee.
  • Is required to furnish or to have employees, if any, furnish necessary tools, supplies or materials to perform the work or service.
  • Possesses the skills required for the specific work or service.

Source: Texas Labor Code, Section 406.121(2)

Institution
An institution of higher education or agency under the direction of the board of regents of The University of Texas System.

Source: Texas Labor Code, Sections 503.001(3)

Institution of Higher Education
Any public technical institute, public junior college, public senior college or university, medical or dental unit, public state college or other agency of higher education.

Source: Texas Education Code, Section 61.003

Interagency Contract
Generally a written agreement between state agencies under which goods or services are provided.
Investment Pool
That is created under the Government Code to invest funds jointly:
  • On behalf of at least two state agencies
    –or–
  • On behalf of at least one state agency and one local government
    –and–
  • Whose investment objectives are (in order of priority):
    1. preservation and safety of principal
    2. liquidity
    3. yield

L

Lapse
Appropriations expire when they are not:
  • Obligated by Aug. 31 of the appropriation year in which they were made.
  • Expended within two years following the last day of the appropriation year.
  • Re-appropriated in subsequent legislation.
Because the unobligated appropriation balance cannot be encumbered after the end of the appropriation term, the balance lapses unless it is specifically re-appropriated for a new term.
Law Enforcement Agency
A Texas state agency or a political subdivision of Texas that employs peace officers other than game wardens.

Source: Texas Government Code, Section 614.231(1)

Licensing or Disciplinary Authority
A state agency or board that licenses or has disciplinary authority over professionals.
Local Funds
Means funds held outside the state treasury.
Local Government
Includes:
  • A municipality
  • A county
  • A school district
  • A district or other authority created under Texas Education Code, Article III, Section 52(b)(1) or (2) or Texas Education Code, Article XVI, Section 59
  • A fresh water supply district
  • A hospital district
  • A political subdivision, authority, public corporation, body politic or instrumentality of the state
  • Any nonprofit corporation acting on behalf of any of those entities listed above
Logistical Support
Logistical support includes providing money for any of the following:
  • Child care
  • Travel (or any form of transportation) to or from an abortion provider
  • Lodging
  • Food or food preparation
  • Counseling that encourages a woman to have an abortion
  • Any other service that facilitates the provision of an abortion

Source: Texas Government Code, Section 2273.0031

M

Major Consulting Services Contract
A consulting services contract for which it is reasonably foreseeable the value of the contract will exceed:
  • $15,000 — if the contracting state agency is not an institution of higher education.
    –or–
  • $25,000 — if the contracting state agency is an institution of higher education.
Major Information Resources Project
Any Information resources technology project identified in a state agency's biennial operating plan with development costs exceeding $5 million and:
  • Requires one year or longer to reach operations status.
  • Involves more than one state agency.
    –or–
  • Substantially alters work methods of state agency personnel or the delivery of services to clients.

The term also includes any information resources technology project designated by the Legislature in the General Appropriations Act as a major information resources project, and any information resources technology project of a state agency designated for additional monitoring under Government Code, Section 2261.258(a)(1) if the development costs for the project exceed $5 million.

Major Information System
Includes:
  • One or more computers that (together) cost more than $100,000.
  • A service related to computers (including computer software) that costs more than $100,000.
  • A telecommunications apparatus or device serving as a voice, data or video communications network for transmitting, switching, routing, multiplexing, modulating, amplifying or receiving signals on the network and costs more than $100,000.
Manufacturing Process
The application of a process to alter the form or function of materials or elements of a product in a manner that adds value and transforms the materials or elements into a new finished product that is functionally different from a finished product produced merely from assembling the materials or elements into a product.
Misuse
To deal with property contrary to:
  • An agreement under which the public servant holds the property.
  • A contract of employment or oath of office of a public servant.
  • A law, including provisions of the General Appropriations Act specifically relating to government property, that prescribes the manner of custody or disposition of the property.
  • A limited purpose for which the property is delivered or received.

Source: Texas Penal Code, Section 39.01(2)

Motor Vehicle
Has the meaning assigned by Texas Health and Safety Code, Section 386.151.

Source: Texas Government Code, Section 2158.001(4)

Municipally Owned Utility
A utility owned, operated and controlled by a municipality or by a nonprofit corporation, the directors of which are appointed by one or more municipalities.

N

Network Security
The protection of computer systems and technology assets from unauthorized external intervention or improper use. The term includes detecting, identifying and countering malicious network activity to prevent the acquisition of information or disruption of information technology operations.

Source: Texas Government Code, Section 2059.001(3)

Nonresident Bidder
A person whose principal place of business is not in Texas.

Source: Texas Government Code, Section 2252.001(3)

Notice
Any matter, including a proclamation or advertisement, required or authorized by law to be published in a newspaper by a governmental entity or representative.

O

Obligation
Includes a debt, judgment, claim, account, fee, fine, tax, penalty, interest, loan, charge or grant.

P

Participated
To have taken action as an officer or employee through decision, approval, disapproval, recommendation, giving advice, investigation or similar action.

Source: Texas Government Code, Section 572.054(h)

Particular Matter
A specific investigation, application, request for a ruling or determination, rulemaking proceeding, contract, claim, charge, accusation, arrest or judicial or other proceeding.

Source: Texas Government Code, Section 572.054(h)

Party
A person or state agency named or admitted as a party.

Source: Texas Government Code, Section 2001.003(4)

Payables
Amounts obligated for goods or services actually rendered or provided to the agency by the end of the reporting period, but for which the agency has not yet made payment.
Payment
Money owed to a vendor.
Payment Law
  • Texas Education Code, Section 57.48
  • Texas Education Code, Section 57.482
  • Texas Family Code, Section 231.007
  • Texas Government Code, Section 403.055
  • Texas Government Code, Section 2107.008
  • Any similar statute.
Peace Officer
An individual elected, appointed or employed to serve as a peace officer for a governmental entity under Code of Criminal Procedure, Article 2A.001 or other law.

Source: Texas Government Code, Section 614.001(3)

Person
An individual, partnership, corporation, association, governmental subdivision or public or private organization that is not a state agency.

Source: Texas Government Code, Section 2001.003(5)

Petty Cash Account
A set amount of money held outside the state treasury to be used for specified purposes, including:
  • Making change of currency.
  • Advancing travel expense money to state officers and employees.
  • Making small disbursements for which formal expenditure procedures are not cost-effective.
  • Any similar purpose or combination of purposes a state agency considers prudent for conducting state business.
Political Subdivision
Includes any corporate and political entity organized under state law.
Prime Contractor
A person or persons, firm or corporation that contracts with a governmental entity for the construction, alteration or repair of a public building, or for the construction or completion of any public work.
Private or Independent Institution of Higher Education
Has the meaning assigned by Texas Education Code, Section 61.003.
Produced in the United States
An iron or steel product for which all manufacturing processes (from initial melting through application of coatings) occur in the United States, other than metallurgical processes to refine steel additives.
Professional
An individual who may incorporate under The Texas Professional Corporation Act –or– an individual who is licensed, registered, certified or otherwise authorized by the state to practice as a:
  • Licensed vocational nurse
  • Social worker
  • Chemical dependency counselor
  • Occupational therapist
  • Speech-language pathologist
  • Audiologist
  • Licensed dietitian
    –or–
  • Dental or detail hygiene school faculty member
Professional Association
A national or statewide association of professionals, including any committee of a professional association and any nonprofit organization controlled by or operated in support of a professional association.
Professional Services
Services that are:
  • Within the scope (as defined by state law) of:
    • Accounting
    • Architecture
    • Landscape architecture
    • Land surveying
    • Medicine
    • Optometry
    • Professional engineering
    • Real estate appraising
    • Professional nursing
    • Forensic science
  • Provided in connection with the professional employment or practice of a person who is licensed or registered as a/an:
    • Certified public accountant
    • Architect
    • Landscape architect
    • Land surveyor
    • Physician, including a surgeon
    • Optometrist
    • Professional engineer
    • State certified or state licensed real estate appraiser
    • Registered nurse
    • Forensic analyst or forensic science expert
  • Provided by a person lawfully engaged in interior design, regardless of whether the person is registered as an interior designer under Occupations Code, Chapter 1053.

Source: Texas Government Code, Section 2254.002(2)

Professional Sports Team
A team organized in this state that is a member of Major League Baseball, the National Basketball Association, the National Hockey League, the National Football League, Major League Soccer, the American Hockey League, the East Coast Hockey League, the American Association of Independent Professional Baseball, the Atlantic League of Professional Baseball, Minor League Baseball, the National Basketball Association Development League, the National Women’s Soccer League, the Major Arena Soccer League, the United Soccer League or the Women’s National Basketball Association.
Project
A contract between a state agency and another person to:
  • Construct, remodel or alter a building, structure or infrastructure.
  • Supply a material for a project to construct, remodel or alter a building, structure or infrastructure.
  • Finance, refinance or provide money from funds administered by a governmental entity for a project to construct, remodel or alter a building, structure or infrastructure.

Source: Texas Government Code, Section 2252.201(5)

Project Analysis
Work done before the legislative appropriation for a project to develop a reliable estimate of the cost of the project, to be used in the appropriations request.
Prompt Payment Law
Government Code, Chapter 2251.
Public Funds
Funds of the state or of a governmental subdivision of the state.

Source: Texas Government Code, Section 552.003(5)

Public Retirement System
Has the meaning assigned by Texas Government Code, Section 802.001(3).
Public Safety Employee
A peace officer, firefighter, detention officer, county jailer or emergency medical services employee of the state.

Source: Texas Government Code, Section 607.001

Public Servant
A person who is elected, appointed, employed or designated (even if not yet qualified for or having assumed the duties of office) as a/an:
  • Officer, employee or agent of government.
  • Juror or grand juror.
  • Arbitrator, referee or other person who is authorized by law or private written agreement to hear or determine a cause or controversy.
  • Attorney at law or notary public when participating in the performance of a governmental function.
  • Person who is performing a governmental function under a claim of right although the person is not legally qualified to do so.

Source: Texas Government Code, Section 553.001(2)

Public Works
Includes the construction, alteration or repair of a public building, or the construction or completion of a public work.
Public Works Contract Payment
A payment by a governmental entity for the value of labor, material, machinery, fixtures, tools, power, water, fuel or lubricants that are either:
  • Used or consumed
  • Ordered and delivered for use or consumption
    –or–
  • Specially fabricated for use or consumption (but not yet delivered) in the direct performance of a public works contract.

Q

Quality Assurance Team
Composed of representatives (as defined by Texas Government Code, Section 2054.158) from:
  • Legislative Budget Board (LBB)
  • State Auditor’s office (SAO)
  • Texas Comptroller of Public Accounts (CPA)
  • Department of Information Resources (DIR)

R

Regulatory Agency
Any department, commission, board or other agency that:
  • Is in the executive branch of state government.
  • Has authority not limited to a geographical portion of this state.
  • Was created by the Texas Constitution or a statute of this state.
    –and–
  • Has constitutional or statutory authority to engage in regulation.

Source: Texas Government Code, Section 572.002(8)

Resident Bidder
A person whose principal place of business is in Texas, including a contractor whose ultimate parent company or majority owner has its principal place of business in this state.

Source: Texas Government Code, Section 2252.001(4)

Retainage
The percentage of a public works contract payment withheld by a governmental entity to secure performance of the contract.
Retired Agency Employee
A person:
  • Whose last state service before retirement was for the state agency with which the retiree contracts to perform services.
    –and–
  • Who is a retiree of:
    • The employee class of membership of the Employees Retirement System of Texas.
      –or–
    • The Teacher Retirement System of Texas, the majority of whose service was credited in that system in a position with a state agency.

S

Service
The furnishing of skilled or unskilled labor or professional work.

Source: Texas Procurement and Contract Management Guide, Appendix 1

Service-Disabled Veteran
A person who is a veteran as defined by 38 U.S.C. Section 101(2) and who has a service-connected disability as defined by 38 U.S.C. Section 101(16).

Source: Texas Government Code, Section 2155 (c)(1-a)

Service Member
A member or former member of the state military forces or a component of the United States armed forces, including a reserve component.

Source: Texas Government Code, Section 437.001(8)

Sporting Event
Any preseason, regular season or postseason game of a professional sports team.
State Agency
Any department, commission, board, office or other agency in the executive, legislative or judicial branch of state government, including an institution of higher education as defined by Texas Education Code, Section 61.003, other than a public junior or community college.
State Employee
An individual, other than a state officer, who is employed by:
  • A state agency.
  • The Supreme Court, the Court of Criminal Appeals, a court of appeals or the Texas Judicial Council.
  • Either house of the Legislature or a legislative agency, council or committee, including the:
    • Legislative Budget Board
    • Texas Legislative Council
    • State Auditor
    • Legislative Reference Library

Source: Texas Government Code, Section 572.002(11)

State Funds
Money appropriated by the legislature or money under the control or direction of a state agency.
State Governmental Entity
A state department, commission, board, office, institution, facility or other agency the jurisdiction of which is not limited to a geographical portion of the state. The term includes an university system and an institution of higher education, other than a public junior college. The term does not include a political subdivision.

Source: Texas Government Code, Chapter 2254

State Officer
A person that is a/an:
  • Elected officer,
  • Appointed officer,
  • Salaried appointed officer
  • Appointed officer of a major state agency
  • Executive head of a state agency

Source: Texas Government Code, Section 572.002(12)

State Publication
Information in any format that:
  • Is produced by the authority of or at the total or partial expense of a state agency or is required to be distributed under law by the agency.
  • Is publicly distributed outside the agency by or for the agency.
  • Does not include information the distribution of which is limited to:
    • Contractors with or grantees of the agency.
    • Persons within the agency or within other government agencies.
    • Members of the public under a request made under the public information law, Texas Government Code, Chapter 552.

Source: Texas Government Code, Section 441.101(4)

Student
An individual enrolled in an educational program or course of study leading to initial licensure as a professional, as the program or course of study is defined by the appropriate licensing or disciplinary authority.
Surety Bond
Any bond (including a bond for a notary public under Texas Government Code, Section 406.010) that obligates a surety to pay within certain limits a loss caused by a:
  • Dishonest act of an officer or employee of a state agency
    –or–
  • Failure of an officer or employee of a state agency to faithfully perform a duty of the officer’s or employee’s office or position.

Source: Texas Government Code, Sections 653.003(1)

T

Taxpayer Resource Transaction
A sale, purchase, lease, donation of money, goods, services or real property (or any other transaction) between a state agency and a private entity that provides to the private entity something of value derived from state or local tax revenue, regardless of whether the state agency receives something of value in return. The term does not include the provision of basic public services (including fire and police protection and utilities) by a state agency to a provider (or affiliate) of certain medical procedures in the same manner as the entity provides the services to the general public. The term includes advocacy or lobbying by or on behalf of a state agency on behalf of the interests of a provider (or affiliate) of certain medical procedures but does not include certain activities described in Texas
Technology
The application of scientific knowledge for practical purposes, including:
  • Inventions
  • Discoveries
  • Trade secrets
  • Copyrighted materials
  • Tools
  • Machines
  • Materials
  • Processes to:
    • Do work
    • Produce goods
    • Perform services
    • Carry out other useful activities (including trademarks and developing computer software)

Source: Texas Education Code, Section 153.001(6)

Telecommunications
Any transmission, emission or reception of signs, signals, writings, images or sounds of intelligence of any nature by wire, radio, optical or other electromagnetic systems — including all facilities and equipment performing those functions owned, leased or used by state agencies and branches of state government.
Telecommunications Services
Intercity communications facilities or services, which does not include single agency point-to-point radio systems or facilities or services of criminal justice information communication systems.

Source: Texas Government Code, Section 2170.001(a)(1)

Telecommunications Utility
Has the meaning assigned by the Public Utility Regulatory Act, Texas Utilities Code, Section 51.002(11).
Texas Bidder
A business incorporated in the state of Texas that has:
  • Its principal place of business in this state.
  • An established physical presence in this state.

Source: Texas Government Code, Section 2155.444 (c)(2)

Texas State Guard
The volunteer military forces that provide community service and emergency response activities for this state, as organized under the Second Amendment to the United States Constitution, and operating as a defense force authorized under United States Code, Title 32 — National Guard Chapter 1, Section 109.

Source: Texas Government Code, Section 437.001(16)

Training
Instruction, teaching or other education received by a state employee not normally received by other state employees and designed to enhance the ability of the employee to perform the employee’s job.
  • The term includes a course of study at an institution of higher education or a private or independent institution of higher education (as defined by Texas Education Code, Section 61.003) if the employing state agency:
    • Spends money to assist the state employee to meet the expense of the course of study
      –or–
    • Pays salary to the employee to undertake the course of study as an assigned duty.
  • The term does not include training required by either:
    • State or federal law
      –or–
    • Determined necessary by the agency and offered to all employees of the agency performing similar jobs.

Source: Texas Government Code, Section 656.101(2)

U

Unforeseen Emergency
A situation that suddenly and unexpectedly causes a state agency to need the services of a consultant. The term includes:
  • The issuance of a court order
  • An actual or imminent natural disaster
  • New state or federal legislation

An emergency is not unforeseen if a state agency was negligent in foreseeing the occurrence of the emergency.

Unit of State Government
Any branch of state government that was created by the constitution or state statute, including the state of Texas and any of its:
  • Agencies
  • Departments
  • Commissions
  • Bureaus
  • Boards
  • Offices
  • Councils
  • Courts
  • University systems
    –and–
  • Institutions of higher education

The term does not include a county, municipality, court of a county or municipality, special purpose district or other political subdivision of the state of Texas.

V

Vendor
A person who supplies goods or a service to a state agency or another person directed by the agency. The term does not include a state agency, except for Texas Correctional Industries. The term includes an officer or employee of a state agency when acting in a private capacity to supply goods or a service.
Voucher or Payment Voucher
The paper or electronic document a state agency submits to the Comptroller’s office for requesting the Comptroller's office to make a payment on the agency’s behalf. The term includes a document that uses the appropriated or other funds of a state agency to make a payment to another state agency.
Volunteer
An individual or entity that provides services to a governmental entity without receiving any consideration for the services other than expense reimbursements.

W

Warranty Period
The period of time specified in a contract during which certain terms applicable to the warranting of work performed under the contract are in effect.
Witness
A person who is not a party and who is subpoenaed or otherwise compelled to attend a hearing or proceeding to give a deposition or to produce books, records, papers or other objects necessary and proper for a hearing or proceeding governed by the Administrative Procedure Act. The term does not include an expert witness.

X

Xeriscaping
A landscaping method that maximizes the conservation of water by using site-appropriate plants and techniques for efficient use of water. It includes planning and design, the appropriate choice of plants, soil analysis and improvement using compost, efficient irrigation, practical use of mulch and turf and proper maintenance.

Source: Texas Government Code, Section 2166.404(d)