(a) Pursuant to the Texas Government Code, §§2166.003(a)(6) and (7), 2166.004 and 2166.063, certain types of repair and rehabilitation projects are not subject to Commission construction administration, or are otherwise excluded from Commission's jurisdiction.
(b) Applications for a determination that a project is excluded shall be provided to the Commission in writing on or before June 1 of each fiscal year. The Commission shall advise Using Agencies of this deadline, because an approval after the June 1 deadline may result in a lapse in unencumbered funds for that fiscal year. Each application must provide the proposed changes, budget information, and method of construction intended by the Using Agency. Applications for exclusions shall be submitted to the Commission for final decision.
(c) Responses to applications shall be reasonably and promptly returned to the requesting agency.

Source Note: The provisions of this §123.26 adopted to be effective March 18, 2002, 27 TexReg 2005; amended to be effective March 14, 2004, 29 TexReg 2623; amended to be effective November 15, 2011, 36 TexReg 7658