Each state agency, excluding public, private, or independent institutions of higher education, must purchase any commodity items that are listed under the commodity codes under the department's responsibility in accordance with a contract developed by the department, unless the state agency first:
  (1) obtains an exemption from this requirement as described by Subchapter C of this chapter;
  (2) obtains express prior approval from the Legislative Budget Board for the expenditure necessary for the purchase; or
  (3) obtains a certification from the department, as described by Subchapter D of this chapter, that the commodity item is not available for purchase under an existing contract developed by the department unless the value of that contract exceeds $10 million dollars.

Source Note: The provisions of this §212.10 adopted to be effective September 22, 2005, 30 TexReg 5948; amended to be effective November 17, 2011, 36 TexReg 7662; amended to be effective March 19, 2014, 39 TexReg 1927; amended to be effective November 23, 2015, 40 TexReg 8195; amended to be effective May 28, 2018, 43 TexReg 3344; amended to be effective February 10, 2022, 47 TexReg 490