texas comptroller rules

Sept. 1, 1997; Acts 2001, 77th Leg., ch. Texas Senate Confirms Jane Nelson as Texas Secretary of State. 11, eff. 1071 (H.B. Sec. Sec. The schedule must include the comptroller's fees for: (1) reviewing bid and contract documents for clarity, completeness, and compliance with laws and rules; (2) developing and transmitting invitations to bid; (4) evaluating and determining which bidder offers the best value to the state; (5) creating and transmitting purchase orders; and. (2) submit to the comptroller a written finding that competitive sealed bidding or informal competitive bidding is not practical or is disadvantageous to the state for the proposed acquisition. 6, eff. September 1, 2009. (3) a scheduled item that has been designated for purchase by the comptroller. 359 (S.B. 2155.205. 1071 (H.B. (3) "Veterans service agency" means a community-based organization that: (A) is exempt from taxation under Section 501(a), Internal Revenue Code of 1986, as an organization described in Section 501(c)(3) of that code; (B) has as its principal purpose to provide housing, substance abuse treatment, case management services, and employment training to low-income veterans, disabled veterans, and homeless veterans and their families; and. Except as otherwise provided by this subtitle, a purchase of or contract for goods or services shall, whenever possible, be accomplished through competitive bidding. (6) participating in agencies' request for proposal processes. September 1, 2019. (7) provide leadership on procurement issues. 1969), Sec. Sec. The comptroller shall also post in the business daily other information relating to the business activity of the state that the comptroller considers to be of interest to the public. 52, eff. 2155.261. (a) On receipt of a certification, financial information, and purchase information from a state agency as required by this subchapter, the comptroller shall audit the financial information under Chapter 403. 2381), Sec. 62, eff. 799), Sec. (b) The comptroller shall set a goal of purchasing at least 20 percent of the dollar value of goods or services purchased by the comptroller using the reverse auction procedure. 1524), Sec. Sec. PURCHASING: GENERAL RULES AND PROCEDURES SUBCHAPTER A. 1316 (S.B. 855 (S.B. (c) On determining that contract specifications or conditions have not been met, the comptroller shall act against the defaulting contractor, with the assistance of the attorney general as necessary. (5) repeated unfavorable performance reviews under Section 2155.089 or repeated unfavorable classifications received by the vendor under Section 2262.055 after considering the following factors: (A) the severity of the substandard performance by the vendor; (B) the impact to the state of the substandard performance; (C) any recommendations by a contracting state agency that provides an unfavorable performance review; (D) whether debarment of the vendor is in the best interest of the state; and. ADVISORY COMMITTEE ON PROCUREMENT. (1) "Agricultural products" includes textiles and other similar products. 2155.070. An interagency purchase or transaction must be accomplished on a special voucher or electronically as prescribed by the comptroller. Acts 2009, 81st Leg., R.S., Ch. The comptroller may require the report to be in a particular format, including a format that can be read by a computer. 2155.140. 42, eff. Added by Acts 1995, 74th Leg., ch. Amended by Acts 1997, 75th Leg., ch. PURCHASE AUDIT AFTER ISSUANCE OF WARRANT. 1524), Sec. Tax Policy News The April 2023 issue of Tax Policy News is now available. Sept. 1, 1995. Acts 2007, 80th Leg., R.S., Ch. Welcome to the Texas Secretary of State 26, eff. 837 (S.B. 2155.203. EMERGENCY PURCHASES. 1524), Sec. 2155.325. Most sections of HB 3676 became effective June 19, 2009. (3) does not apply to a purchase or other acquisition made by the comptroller under Subchapter A, Chapter 2156. The preference for recycled steel products under this section applies also to products purchased in connection with projects described by Section 2166.003. (b) The comptroller is not required to enter into a statewide or regional contract for the provision of a service to state agencies if more than five bidders are willing to provide the service to the state under a statewide or regional contract. Read about the tax responsibilities for remote sellers and register for a sales and use tax permit. September 1, 2009. (c) The form must include an application for: (1) certification as a historically underutilized business; (2) a payee identification number for use by the comptroller; and. Sec. 1.16, eff. Sept. 1, 1995. June 19, 1997. Sept. 1, 1995. (A) a standardized method for the department and the comptroller to: (i) collect and analyze spending data relating to procurement contracts; and, (ii) benchmark and quantitatively measure cost savings and increased administrative efficiency resulting from collaboration and cooperative purchasing; and. September 1, 2005. This website provides you with easy access to tax forms, lookup tools and the ability to file and pay taxes. 16, eff. September 1, 2019. Added by Acts 1995, 74th Leg., ch. Texas Administrative Code: TITLE 34: PUBLIC FINANCE: PART 1: COMPTROLLER OF PUBLIC ACCOUNTS: CHAPTER 3: TAX ADMINISTRATION: SUBCHAPTER O: STATE AND LOCAL SALES AND USE TAXES: Rules 3.276: Surveying Services 3.280: Aircraft 3.281: Records Required; Information Required 3.282: Auditing Taxpayer Records The Health and Human Services Commission may disapprove a procurement and rate-setting procedure of a health and human services agency. 2155.505. 1499, Sec. Added by Acts 1995, 74th Leg., ch. Sec. 855 (S.B. 212), Sec. 15, eff. 4, eff. 1010, Sec. In 2013, the 83rd Legislature enacted House Bill 3390, effective Jan. 1, 2014. Texas Payroll/Personnel Resource The comptroller may inform agencies about available private testing facilities. Sept. 1, 1993. Sec. Sec. 327), Sec. Added by Acts 1995, 74th Leg., ch. (b) The comptroller and the department shall consult with the attorney general in developing rules under this section. A state agency that proposes to make a purchase or other acquisition that will cost more than $25,000 shall solicit bids or proposals from each eligible vendor on the master bidders list that serves the agency's geographic region. 2521), Sec. (2) meets the definition of a historically underutilized business zone as defined by 15 U.S.C. 11, eff. 3560), Sec. (2) soliciting bids or proposals under this subchapter. Acts 2007, 80th Leg., R.S., Ch. (b) The comptroller shall compile the information reported under Subsection (a) and include the information in its report under Section 2101.011. 2155.383. September 1, 2007. Acts 2019, 86th Leg., R.S., Ch. September 1, 2019. The retirement system shall consider the best value standards provided by Section 2155.074. 2155.136. 3560), Sec. (a) When the comptroller considers a purchase audit to be advisable, the comptroller shall audit the purchase information for compliance with applicable purchasing statutes and rules. Sept. 1, 1995. Index to Rules by Subject Matter - Texas Comptroller of Public Accounts 22, eff. 1.12, eff. (2) directly or indirectly communicated the bid to a competitor or other person engaged in the same line of business. Pending publication of the current statutes, see H.B. (b-2) The Health and Human Services Commission is delegated the authority to procure goods and services related to a contract for: (1) a project to construct or expand a state hospital operated by a health and human services agency or a state supported living center as defined by Section 531.002, Health and Safety Code; or. 2155.264. Sec. (a) Except as provided by Subsection (n), this section applies to each state agency making a procurement that will exceed $25,000 in value, without regard to the source of funds the agency will use for the procurement, including a procurement that: (1) is otherwise exempt from the comptroller's purchasing authority or the application of this subtitle; (2) is made under delegated purchasing authority; (3) is related to a construction project; or. (d) A state agency shall submit to the comptroller each uniform registration form that it receives. Exempt Organizations Section. September 1, 2009. September 1, 2019. 1.04, eff. 1.72(a), eff. 1.15, eff. Amended by Acts 1997, 75th Leg., ch. (b) The comptroller may charge a reasonable administrative fee to state agencies and political subdivisions of other states that purchase a good or service under this section. September 1, 2019. (E) any other factor that the comptroller considers relevant, as specified by comptroller rule. (1) state generally the reasons for which a vendor may be barred from participating in state contracts and the periods for which the vendor may be barred; and. 1071 (H.B. Acts 2019, 86th Leg., R.S., Ch. 46, eff. The Veterans' Land Board may use the services of the comptroller in procuring goods and services described by Subsection (a). 2155.081. CHAPTER 2024. POWERS AND DUTIES OF COMPTROLLER - Texas Constitution and CERTAIN PURCHASES BY VETERANS' LAND BOARD. 2155.508. STATE OFFICERS AND EMPLOYEES CHAPTER 660. Each state agency shall cooperate with the comptroller in making the electronic business daily available. VERIFICATION OF USE OF BEST VALUE STANDARD. 40, eff. 2.06, eff. 3.04, eff. 514 (H.B. INTERAGENCY PURCHASES AND TRANSACTIONS. COMPTROLLER PURCHASING SYSTEM. Sept. 1, 1997. (c) The committee may establish its own rules of operation. APPLICABILITY. PROCUREMENT COORDINATION COMMITTEE. 50, eff. September 1, 2015. Added by Acts 2019, 86th Leg., R.S., Ch. 436, Sec. DEFINITIONS. NOTICE REGARDING PROCUREMENTS EXCEEDING $25,000. In 1977, the TAC was created by the Texas Legislature under the Administrative Code Act (Government Code, 2002.051-2002.056). June 18, 2003. This office strives to provide you the best possible services and resources to do business in Texas. 1524), Sec. 1.17, eff. SOSDirect: Business Searches & Formations. Added by Acts 2005, 79th Leg., Ch. 2.02, eff. PURCHASE AUDIT. (b) The committee is composed of officers or employees from the comptroller, from state agencies, including institutions of higher education, and from political subdivisions who are invited by the comptroller to serve on the committee. Renumbered from Sec. (e) The chief procurement officer shall coordinate with the Contract Advisory Team to conduct the review required by Section 2262.101. (C) employs veterans to provide at least 75 percent of the hours of direct labor by individuals required to produce goods or provide services required under a contract entered into under this section. 1, 2, eff. 14.01, eff. (b) The comptroller shall establish by rule a vendor classification process under which only a vendor able to make a bid or proposal on a particular purchase or other acquisition may be solicited under this subchapter. 1524), Sec. 41, Sec. However, as more innovative 10, eff. 1524), Sec. 2155.080. 1, eff. Sec. Acts 2021, 87th Leg., R.S., Ch. Sept. 1, 1999. (a) The comptroller may bar a vendor from participating in state contracts that are subject to this subtitle, including contracts for which purchasing authority is delegated to a state agency, for: (1) substandard performance under a contract with the state or a state agency; (2) material misrepresentations in a bid or proposal to the state or a state agency or during the course of performing a contract with the state or a state agency; (4) breaching a contract with the state or a state agency; or. Sept. 1, 2003. Acts 2019, 86th Leg., R.S., Ch. Acts 2013, 83rd Leg., R.S., Ch. (d) A state agency shall provide appropriate information to the comptroller concerning acquisitions made by the agency under this section, but the comptroller's authority under this chapter and Chapters 2156, 2157, and 2158 does not extend to the acquisition of goods and services made under this section. 1524), Sec. September 1, 2019. 533), Sec. Out-of-State Sellers: Register Now! June 8, 2007. A state agency that contracts for services shall require the contractor, in performing the contract, to purchase products and materials produced in this state when they are available at a price and time comparable to products and materials produced outside this state. 1406 (S.B. 13, eff. Added by Acts 1999, 76th Leg., ch. 17.01(a), eff. A state governmental entity that issues a request for proposals for technological products or services for homeland security or law enforcement purposes must allow a business entity to substitute the qualifications of its executive officers or managers for the qualifications required of the business entity in the request for proposals. using the TAC Viewer. Amended by Acts 1999, 76th Leg., ch. (3) "Health care program" means a program or activity administered or funded by a state agency to provide health care services, research, education, or goods. Sept. 1, 1999. Sec. 2155.324. General Information Letters and Private Letter Rulings, State Tax Automated Research (STAR) System, Historically Underutilized Business (HUB), Vendor Performance Tracking System (VPTS), Texas Procurement and Contract Management Guide, Minnie Stevens Piper Foundation College Compendium, 9.4009, Appraisal of Recreational, Park, and Scenic Land, 9.4010, Appraisal of Public Access Airport Property, 9.4001 Valuation of Open-Space and Agricultural Lands. (a) A state agency may not accept a bid or award a contract that includes proposed financial participation by a person who received compensation from the agency to participate in preparing the specifications or request for proposals on which the bid or contract is based. 1524), Sec. (a) If authorized by rule adopted by the comptroller under Section 403.023, the comptroller may contract with one or more credit card issuers for state agencies to use credit cards to pay for purchases. (2) "Service" means the furnishing of skilled or unskilled labor or professional work, but does not include a: (A) professional service subject to Subchapter A, Chapter 2254; (C) consulting service or service of a consultant as defined by Subchapter B, Chapter 2254; or. PURCHASES BY LEGISLATURE AND LEGISLATIVE AGENCIES. (a) For a purchase of goods and services under this chapter, each state agency, including the comptroller, shall purchase goods and services that provide the best value for the state. rules in Texas. 1013 (H.B. Acts 2019, 86th Leg., R.S., Ch. 2155.006. 2155.138. Sept. 1, 1999. Acts 2019, 86th Leg., R.S., Ch. You can also read previous issues of our online newsletter on this website. Amended by Acts 2001, 77th Leg., ch. 309, Sec. (1-a) "Service-disabled veteran" means a person who is a veteran as defined by 38 U.S.C. 1, eff. You can view the effective rules at the links provided. 9, eff. Sec. September 1, 2019. 41, Sec. November 24, 2021, 9:00 AM, CST Texas Comptroller Glenn Hegar is pursuing new rules that opponents warn would weaken transparency and accountability for the state's biggest corporate tax. (3) convicted of any offense related to the direct support or promotion of human trafficking. 2.01, eff. September 1, 2019. FAILURE TO MEET SPECIFICATIONS. (b) A state agency that intends to purchase a commodity or service that accomplishes the same purpose as a commodity or service identified under Subsection (a) that does not meet the definition of a recycled product or that is not remanufactured or environmentally sensitive, as those terms are defined by rule of the comptroller, shall include with the procurement file a written justification signed by the executive head of the agency stating the reasons for the determination that the commodity or service identified by the comptroller will not meet the requirements of the agency. June 18, 2003. Acts 2015, 84th Leg., R.S., Ch. 1, eff. Amended by Acts 1999, 76th Leg., ch. 1180 (H.B. Sept. 1, 2003. Added by Acts 1997, 75th Leg., ch. Sept. 1, 1995. 1071 (H.B. Added by Acts 1993, 73rd Leg., ch. (c) The preference may be given only if the cost to the state for the goods or services would not exceed 105 percent of the cost of the goods or services provided by a vendor who does not meet the standards. Sec. (2) "Local government" has the meaning assigned by Section 271.101, Local Government Code. 604 (S.B. 41, eff. Other sections of the bill primarily related to eligibility determination and internet posting requirements went into effect Jan. 1, 2010. 41, Sec. (b) The comptroller shall notify a state agency purchasing a good or service through a contract listed on a schedule developed under this subchapter of the percentage used to calculate the rebate authorized under Subsection (a). 660.002. HB 2304 allows the Secretary of The following rules were filed with the Secretary of State for adoption on Oct. 11, 2022; published in the Texas Administrative Code Oct. 28, 2022; and became effective on Oct. 31, 2022. 326 (S.B. June 14, 2013. 3560), Sec. Sec. Acts 2021, 87th Leg., R.S., Ch. (e) Repealed by Acts 2003, 78th Leg., ch. Sec. (e) Competitive bidding, whether formal or informal, is required for a purchase by a state agency if the purchase: (f) Goods purchased under this section may not include: (1) an item for which a contract has been awarded under the contract purchase procedure, unless the quantity purchased is less than the minimum quantity specified in the contract; (2) an item required by statute to be purchased from a particular source; or. (c) In developing new procedures and specifications, the comptroller shall encourage the use of recycled products and products that may be recycled or reused or that are remanufactured or environmentally sensitive. Agencies use these reason codes to properly report salary administration actions, including: Acquisition of employees Salary changes Entitlements Terminations (a) The competitive bidding provisions of this chapter do not apply to a state purchase of goods or services that: (1) are made or provided by blind or visually impaired persons; (2) are offered for sale to a state agency through efforts made under Chapter 122, Human Resources Code; (3) meet state specifications for quantity, quality, delivery, and life cycle costs; and. June 15, 2001. DEFINITIONS. 75(2), eff. (b) Section 2155.061 does not apply to a purchase of goods by a state-owned hospital or clinic through a group purchasing program that offers purchasing services at discount prices to two or more hospital or clinic facilities if the chief executive officer of the hospital or clinic or the officer's designee certifies that the purchase of the particular goods through the group purchasing program is the most cost-effective method of purchasing available. Sec. 3560), Sec. 1071 (H.B. (b) If comptroller rules allow other agencies to make purchases under a contract entered into by an agency using delegated purchasing authority, the agency purchasing under delegated authority may offer the goods or services available under the contract to other agencies only if the agency first: (1) establishes that the goods or services being offered under its contract are not available under a contract administered by the comptroller; and. 2155.450. (2) agricultural products grown in this state shall be given first preference and agricultural products offered by Texas bidders shall be given second preference, if the cost to the state and quality are equal. 1071 (H.B. 38, eff. 7, eff. 1499, Sec. (AUSTIN) El Contralor de Texas, Glenn Hegar, dijo que a su Oficina de Desarrollo de Banda Ancha de Texas (BDO) se le asignaron $3.3 mil millones en fondos federales para la expansin de banda ancha. (a) Subject to Section 2156.181 or other law, the comptroller may enter into agreements to authorize state agencies and political subdivisions of other states to purchase goods or services through comptroller contracts. (a) A state agency may not accept a bid or award a contract, including a contract for which purchasing authority is delegated to a state agency, that includes proposed financial participation by a person who, during the five-year period preceding the date of the bid or award, has been convicted of any offense related to the direct support or promotion of human trafficking. Acts 2007, 80th Leg., R.S., Ch. Sept. 1, 2003. Added by Acts 2001, 77th Leg., ch. PROVIDING CERTAIN PURCHASING SERVICES ON FEE-FOR-SERVICE BASIS OR THROUGH BENEFIT FUNDING. (b) The comptroller may contract for testing under this section. (b) The Texas Emergency Services Retirement System shall acquire goods or services by any procurement method approved by the state board of trustees of the Texas Emergency Services Retirement System that provides the best value to the retirement system. The comptroller may combine orders in a system of schedule purchasing and shall attempt to benefit from bulk purchasing. 6, eff. (a) The General Land Office is delegated all purchasing functions relating to purchases under Section 33.603, Natural Resources Code, including coastal erosion studies, demonstration studies, and response projects. This Act allows school districts to attract new taxable property and create jobs by offering a tax credit and an eight-year limitation on the appraised value of a property for the maintenance and operations portion of the school district property tax. (b) The provisions of Section 2161.181 relating to historically underutilized businesses apply to an emergency purchase made under this section. Texas: Revised R&D rules for state tax purposes - KPMG the Texas Administrative Code. 1093), Sec. 628), Sec. 1033, Sec. 2155.384. September 1, 2007. September 1, 2017. GENERAL PROVISIONS Sec. 6, eff. 1, eff. 1, eff. You can view the effective rules at the links provided. What if we have nothing to report? Sec. Acts 2019, 86th Leg., R.S., Ch. Nonprofit Organizations FAQs - Texas Secretary of State (c) The comptroller shall monitor the purchasing practices of state agencies that are making delegated purchases under Subsection (b) or Section 2155.131 to ensure that the certification levels of the agency's purchasing personnel and the quality of the agency's purchasing practices continue to warrant the amount of delegated authority provided by the comptroller to the agency. 785, Sec. September 1, 2019. The rules must: (1) establish standard terms for contracts listed on a schedule; and. 41, Sec. (C) that has an established physical presence in this state. Information published in the Texas Register includes proposed, adopted, withdrawn, and emergency rule actions, notices of state agency review of agency rules, governor's appointments, attorney general opinions, and miscellaneous documents such as requests for . Acts 2019, 86th Leg., R.S., Ch. 3, eff. COMPTROLLER OF PUBLIC ACCOUNTS CHAPTER 1. Sec. September 1, 2019. (b) A state agency may not accept a bid or award a contract, including a contract for which purchasing authority is delegated to a state agency, that includes proposed financial participation by a person who, during the five-year period preceding the date of the bid or award, has been: (1) convicted of violating a federal law in connection with a contract awarded by the federal government for relief, recovery, or reconstruction efforts as a result of Hurricane Rita, as defined by Section 39.459, Utilities Code, Hurricane Katrina, or any other disaster occurring after September 24, 2005; or. The current comptroller is Glenn Hegar, who took office on January 2, 2015. Acts 2021, 87th Leg., R.S., Ch. September 1, 2019. September 1, 2013. 1524), Sec. This video is to be used for informational purposes only. STATE BUSINESS DAILY; NOTICE REGARDING PROCUREMENTS EXCEEDING $25,000. 2, eff. Sec. Sec. 53, eff. 2466), Sec. 2155.139. 1524), Sec. 2155.443. 1524), Sec. Added by Acts 2007, 80th Leg., R.S., Ch. The comptroller shall set staggered terms for the members of the committee. Sept. 1, 1997; Acts 1999, 76th Leg., ch. For additional information, see our IFTA webpage. September 1, 2013. 3.07(1), eff. 1969), Sec. Amended by Acts 2001, 77th Leg., ch. House Bill 3676 made a number of changes to the chapter. (3) the historically underutilized business or small business provides that written authorization to the comptroller. Other state agencies and institutions with experience in acquiring goods and services using the procedures allowed under Subsections (c) and (d) shall on request assist the Health and Human Services Commission to perform its functions under this section. 326 (S.B. 2155.502. VENDOR ADVISORY COMMITTEE. Acts 2011, 82nd Leg., R.S., Ch. September 1, 2019. 921 (H.B. Acts 2011, 82nd Leg., R.S., Ch. Provides general salary administration guidelines. (a) The comptroller shall develop a database of the multiple award contracts developed under this subchapter and make that information available on an Internet site. 1404 (H.B. 8, eff. 393 (H.B. Sept. 1, 2001; Acts 2003, 78th Leg., ch. September 1, 2007. (d) If a state agency determines that an individual or business entity holding a state contract was ineligible to have the bid accepted or contract awarded under Subsection (b), the state agency may immediately terminate the contract without further obligation to the vendor. With the passage of the Administrative Code Act, the HISTORICALLY UNDERUTILIZED AND SMALL BUSINESSES. 1524), Sec. September 1, 2021. 1524), Sec. Acts 2005, 79th Leg., Ch. 27.001(45), eff. 1035, Sec. 17, eff. (2) prescribe the procedures under which the comptroller will determine whether and for how long a vendor will be barred. Statutes and Rules - Texas Comptroller of Public Accounts Sept. 1, 1995. 556 (S.B. Sec. 26, eff. Amended by Acts 2001, 77th Leg., ch. September 1, 2015. PREFERENCE FOR RUBBERIZED ASPHALT PAVING. GENERAL PURCHASING REQUIREMENTS, PROCEDURES, AND PROGRAMS. 18.04, eff. AUDIT OF FINANCIAL INFORMATION. (b) The Health and Human Services Commission shall contract with the state auditor to perform on-site financial audits of selected residential contractors as necessary. Government Code Chapter 2155. Purchasing: General Rules and Procedures (800) 252-5555 or (512) 463-4600. email. Acts 2015, 84th Leg., R.S., Ch. 1524), Sec. (2) at each key milestone identified for the contract. 1, eff. (2) encourage the use of recycled, remanufactured, or environmentally sensitive products. Acts 2007, 80th Leg., R.S., Ch. (a) The contract manager or procurement director of each state agency shall: (1) approve each state agency contract for which the agency is required to purchase goods or services using the best value standard; (2) ensure that, for each contract, the agency documents the best value standard used for the contract; and. 1524), Sec. 1.117(5), eff. (b-1) A state agency may not extend a vendor's contract until after the agency reports the results of each review of the vendor conducted under Subsection (a)(1) or (2), as applicable, in the manner prescribed by Subsection (b). 508, Sec. (2) the cost of the product is equal to or less than the cost of other similar products that are not energy efficient. (c) An agency to which this section applies shall acquire goods or services by any procurement method approved by the Health and Human Services Commission that provides the best value to the agency. Sec. 41, Sec. (d) This section does not create a cause of action to contest a bid or award of a state contract. (g) Repealed by Acts 2003, 78th Leg., ch. Acts 2021, 87th Leg., R.S., Ch. 1.18, eff. 220), Sec. (a) The comptroller shall develop a uniform registration form for applying to do business with the comptroller or with another state agency. 1, eff. 2155.076. 32, eff. (4) are engineering services as described by Section 1001.003, Occupations Code, or architectural services as described by Section 1051.001, Occupations Code. (a) The comptroller may charge a person applying for registration on the master bidders list a registration fee and may charge a registrant a biennial renewal fee in an amount designed to recover the comptroller's costs in: (1) making and maintaining the master bidders list; and.
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