TITLE 34.PUBLIC FINANCE

Part 1. COMPTROLLER OF PUBLIC ACCOUNTS

Chapter 7. PREPAID HIGHER EDUCATION TUITION PROGRAM

The Comptroller of Public Accounts adopts amendments to §§7.43, 7.51, 7.53, and 7.83 concerning the administration of the Prepaid Higher Education Tuition Program, without changes to the proposed text as published in the October 1, 1999, issue of the Texas Register (24 TexReg 8538).

The changes are proposed to conform program rules to changes in the program's enabling statutes (Education Code, Chapter 54) made by Senate Bill 315, 76th Legislature, Regular Session, 1999.

Section 7.43 is proposed to be amended to allow the Board to assess an administrative fee to cover the cost of transferring contract benefits to the payment of tuition and required fees at a proprietary school.

Section 7.51 is proposed to be amended to allow contract benefits purchased under the program to be applied to the payment of tuition and required fees at a proprietary school.

Section 7.53 is proposed to be amended to allow a purchaser of a private college plan to purchase a supplemental contract to prepay the tuition and required fees of the beneficiary for 32 credit hours for one additional year of education.

Section 7.83 is proposed to be amended to provide that in the case the Texas Prepaid Higher Education Tuition Program is terminated, a prepaid tuition contract remains in effect if the beneficiary has been accepted by or is enrolled in a proprietary school.

No comments were received regarding adoption of the amendments.

Subchapter E. APPLICATION, ENROLLMENT, PAYMENT, AND FEES

34 TAC §7.43

The amendments are adopted under the Education Code, Chapter 54, Subchapter F, §54.618 which authorizes the board to adopt rules necessary for the implementation of the Prepaid Higher Education Tuition Program. No other code, article, or statute is affected by these amendments.

The amended rules implement the Education Code, §§54.605, 54.619, and 54.6252.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on January 27, 2000.

TRD-200000567

Martin Cherry

Special Counsel

Comptroller of Public Accounts

Effective date: February 16, 2000

Proposal publication date: October 1, 1999

For further information, please call: (512) 463-4062


Subchapter F. TUITION

34 TAC §7.51, §7.53

The amendments are adopted under the Education Code, Chapter 54, Subchapter F, §54.618 which authorizes the board to adopt rules necessary for the implementation of the Prepaid Higher Education Tuition Program.

No other code, article, or statute is affected by this section.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on January 27, 2000.

TRD-200000568

Martin Cherry

Special Counsel

Comptroller of Public Accounts

Effective date: February 16, 2000

Proposal publication date: October 1, 1999

For further information, please call: (512) 463-4062


Subchapter I. REFUNDS, TERMINATION

34 TAC §7.83

The amendment is adopted under the Education Code, Chapter 54, Subchapter F, §54.618 which authorizes the board to adopt rules necessary for the implementation of the Prepaid Higher Education Tuition Program.

No other code, article, or statute is affected by this amendment.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on January 27, 2000.

TRD-200000569

Martin Cherry

Special Counsel

Comptroller of Public Accounts

Effective date: February 16, 2000

Proposal publication date: October 1, 1999

For further information, please call: (512) 463-4062


Part 3. TEACHER RETIREMENT SYSTEM OF TEXAS

Chapter 25. MEMBERSHIP CREDIT

Subchapter H. TRANSFER OF CREDIT BETWEEN TRS AND ERS

34 TAC §25.113

The Teacher Retirement System of Texas (TRS) adopts an amendment to §25.113 concerning the transfer of credit between TRS and ERS. The amendment is being adopted without changes to the text as proposed in the November 12, 1999 issue of the Texas Register (24 TexReg 9952) and therefore will not be republished.

The adopted amendment corrects a typographical error in the last sentence of subsection (k)(1) by capitalizing the word "code".

No comments on the proposal were received.

The amendment is adopted under the Government Code, Chapter 825, §825.102, which authorizes the Board of Trustees of the Teacher Retirement System to adopt rules for eligibility for membership and for the administration of the funds of the retirement system.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on January 26, 2000.

TRD-200000541

Charles Dunlap

Executive Director

Teacher Retirement System of Texas

Effective date: February 15, 2000

Proposal publication date: November 12, 1999

For further information, please call: (512) 391-2115


Chapter 29. BENEFITS

Subchapter A. RETIREMENT

34 TAC §29.9

The Teacher Retirement System of Texas (TRS) adopts an amendment to §29.9 concerning survivor benefits. The amendment is being adopted without changes to the text as proposed in the November 12, 1999 issue of the Texas Register (24 TexReg 9953) and therefore will not be republished.

The amendment is adopted in order to correct a typographical error in the punctuation at the end of subsection (2)(A) by changing the colon to a semicolon.

No comments on the proposal were received.

The amendment is adopted under the Government Code, Chapter 825, §825.102, which authorizes the Board of Trustees of the Teacher Retirement System to adopt rules for eligibility for membership and for the administration of the funds of the retirement system.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on January 26, 2000.

TRD-200000538

Charles Dunlap

Executive Director

Teacher Retirement System

Effective date: February 15, 2000

Proposal publication date: November 12, 1999

For further information, please call: (512) 391-2115


Chapter 43. ADJUDICATIVE HEARINGS

34 TAC §43.8, §43.46

The Teacher Retirement System of Texas (TRS) adopts amendments to §43.8 concerning extension of the time for filing documents and to §43.46 concerning rehearings. The amendments are adopted without changes to the proposed text published in the November 12, 1999 issue of the Texas Register (24 TexReg 9954) and therefore will not be republished.

The amendment to §43.8 adds necessary language inadvertently omitted in a prior submission adopting an amendment to the rule and completes an otherwise incomplete sentence that provides that the rules governing hearings before the State Office of Administrative Hearings (SOAH) control so long as a matter is before SOAH. The amendment to §43.46 is adopted in order to correct a typographical error in subsection (a) by amending the reference to the "party's attorney or record" to read "party's attorney of record".

No comments on the proposals were received.

The amendments are adopted under the Government Code, Chapter 825, §825.102, which authorizes the Board of Trustees of the Teacher Retirement System to adopt rules for eligibility for membership and for the administration of the funds of the retirement system.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on January 26, 2000.

TRD-200000539

Charles Dunlap

Executive Director

Teacher Retirement System

Effective date: February 15, 2000

Proposal publication date: November 12, 1999

For further information, please call: (512) 391-2115


Chapter 49. COLLECTION OF DEBTS

34 TAC §49.7

The Teacher Retirement System of Texas (TRS) adopts amendments to §49.7 concerning exceptions to the collection of debts procedures. The amendment is being adopted without changes to the text as proposed in the November 12, 1999 issue of the Texas Register (24 TexReg 9954) and therefore will not republished. The amendment is adopted to correct a typographical error in the first sentence of subsection (a) by amending the word "form" to "from".

No comments on the proposal were received.

The amendment is adopted under the Government Code, Chapter 825, §825.102, which authorizes the Board of Trustees of the Teacher Retirement System to adopt rules for eligibility for membership and for the administration of the funds of the retirement system.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on January 26, 2000.

TRD-200000540

Charles Dunlap

Executive Director

Teacher Retirement System of Texas

Effective date: February 15, 2000

Proposal publication date: November 12, 1999

For further information, please call: (512) 391-2115