Part 1.
TEXAS HIGHER EDUCATION COORDINATING BOARD
Chapter 1.
AGENCY ADMINISTRATION
Subchapter A. GENERAL PROVISIONS
19 TAC §1.8
The Texas Higher Education Coordinating Board adopts amendments
to §1.8 of Board rules, concerning Historically Underutilized Business
(HUB) Program without changes to the proposed text as published in the May
18, 2001, issue of the
Texas Register
(26
TexReg 3594).
The amendments to the rule will incorporate by reference the rules adopted
by the General Services Commission in 1 Texas Administrative Code, §§111.11
- 111.28.
The purpose of the amendments to the rule is to comply with the Texas Government
Code, Title 10, Subtitle D, Chapter 2161, §21.61.003, which requires
state agencies to adopt General Services Commission (GSC) rules governing
their HUB program for construction projects and purchases of goods and services
paid for with state-appropriated funds. The amendments to the rule conforms
to Senate Bill 178, 76th Legislature, which amended Chapter 2161 of the Texas
Government Code and directed state agencies to adopt the General Services
Commission's rules regarding historically underutilized businesses (HUB) as
the agency's own rules.
There were no comments received in response to the proposed amendments.
The amendments to the rule are adopted under the Government Code, §2161.003,
which requires the board to adopt the rules promulgated by the General Services
Commission under Government Code, §2161.002.
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 July 25, 2001.
TRD-200104296
Gary Prevost
Director of Business Services
Texas Higher Education Coordinating Board
Effective date: August 14, 2001
Proposal publication date: May 18, 2001
For further information, please call: (512) 427-6162
Subchapter A. GENERAL PROVISIONS
19 TAC §5.11
Texas Higher Education Coordinating Board adopts amendments
to §5.11 concerning the Common Admission Application without changes
to the proposed text as published in the May 18, 2001 issue of the
Texas Register
(26 TexReg 3595). Specifically, these amendments provide
for changing the method of allocating the cost of the electronic common application
among the participating institutions.
There were no comments received in response to the proposed amendments.
The amendments to the rule are adopted under the Texas Education
Code, §51.763, which provides that the governing board of a university
system shall adopt a common admission application form and allow each applicant
to apply electronically.
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 July 30, 2001.
TRD-200104385
Gary Prevost
Director of Business Services
Texas Higher Education Coordinating Board
Effective date: August 19, 2001
Proposal publication date: May 18, 2001
For further information, please call: (512) 427-6162
19 TAC §5.421
The Texas Higher Education Coordinating Board adopts amendments
to §5.421 concerning the Permanent Fund for Minority Health Research
and Education without changes to the proposed text as published in the May
18, 2001, issue of the
Texas Register
(26
TexReg 3596).
Specifically, these amendments clarify the legislative intent by expressly
including designation as a Historically Black or Hispanic serving institution
as a criterion for award of grant funds.
There were no comments received in response to the proposed amendments.
The amendments to the rule are adopted under Texas Education
Code §63.302, which directs the Coordinating Board to adopt rules for
the award of grants from investment returns of the Permanent Fund.
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 July 25, 2001.
TRD-200104297
Gary Prevost
Director of Business Services
Texas Higher Education Coordinating Board
Effective date: August 14, 2001
Proposal publication date: May 18, 2001
For further information, please call: (512) 427-6162
Subchapter A. GENERAL PROVISIONS
19 TAC §§17.1 - 17.7
The Texas Higher Education Coordinating Board adopts new §§17.1
- 17.7 concerning Campus Planning (General Provisions). Sections 17.1, 17.3,
17.4, 17.6, and 17.7 are adopted with changes to the proposed text as published
in the February 23, 2001, issue of the
Texas Register
(26 TexReg 1641). Section 17.2 and §17.5 are being adopted without
changes and will not be republished.
Existing Board rules concerning campus planning procedures were developed
over a number of years and were amended numerous times. The new rules principally
restructure the existing rules to streamline them, increase readability, and
document existing practices. Specifically, the new rules establish standards
for construction projects, processes for updating space projection models
used by the Board, the use of eminent domain in the acquisition of real property,
and reporting requirements.
Comments were received during the comment period and changes were made
accordingly. Some minor changes were made due to staff comments to clarify
the intent and improve the accuracy of the sections. Details of the comments
and changes are described in the summary of comments that follow.
Comment: The Campus Planning Committee recommended that the Commissioner
be allowed to reapprove projects originally approved by the Commissioner but
not other projects that have been approved by the Committee or Board.
Response: The staff agrees and has amended §17.4(b)(1) accordingly.
Section 17.4(b)(2) limitations on previously approved projects have been moved
to §17.10(b).
Comment: The staff recommends that §17.4(b)(1) and (5), and (c) be
renumbered, and the remaining subsections in §17.4 be renumbered for
clarity and consistency.
Response: The sections have been amended accordingly.
The following comments were submitted by the University of Texas System:
Comment: Revise §17.1(c) to be consistent with the authority granted
by Texas Education Code, §61.0572 to approve lease-purchase arrangements
but not lease arrangements.
Response: The staff agrees and has amended the section accordingly.
Comment: Revise §17.2(6) to use the deferred maintenance definition
recommended by THECB Building Condition Advisory Committee or specify that
preventative maintenance be included only if it is deferred and exceeds $10,000.
Response: The staff disagrees. The definition proposed is in common use.
While a dollar limitation is used in reporting requirements, it is not appropriate
in the definition. No changes were made as a result of this comment.
Comment: Revise §17.3 to be consistent with the authority granted
by Texas Education Code, §61.0572 in regards to lease-purchase arrangements.
Response: The staff agrees and has amended the section accordingly.
Comment: Revise §17.4(a) to include projects specifically approved
by the legislature and projects financed by bonds issued under certain statutory
provisions.
Response: The staff agrees and has amended the section accordingly.
Comment: Revise §17.4(a)(4) to delete quoted text, "and further that".
Response: The staff agrees and has amended the section accordingly.
Comment: Revise §17.4(b) to specifically recognize certification by
the proposing institution's governing board or its duly appointed delegate
that Board-approved criteria are met.
Response: The staff disagrees. The proposed change is not necessary. No
changes were made as a result of this comment.
Comment: Add a provision to §17.4(b)(1)(D) in regards to eminent domain
proceedings that authorizes the institution to pay damages assessed by the
special commissioners court without seeking further approval from the Board
or its delegate and to promptly report to the Board the amount of damages
awarded.
Response: The staff agrees that this would be a desirable change to the
current policy and the section was modified accordingly.
Comment: Delete §17.4(b)(5) relating to construction of new E&G
space having a value of less than $1 million.
Response: The staff agrees and the section has been deleted accordingly.
Comment: Revise §17.4(b)(6) to be consistent with the provisions of
Texas Education Code, §61.058 in regards to the review of projects financed
by more than 50% with bonds issued under certain statutory provisions.
Response: The staff agrees. §17.4(b)(6) has been deleted and §17.4
was revised to clarify that the Commissioner shall evaluate these types of
projects but not approve them.
Comment: Revise §17.6 to include a statement for flexibility, in appropriate
circumstances, if a project does not meet the Board's standards.
Response: The staff disagrees. No changes were made as a result of this
comment.
Comment: Revise §17.6(1) and §17.42 to reflect that the Board's
space projection models should forecast space needs five years out to allow
time for a project's programming, design, and construction.
Response: The staff disagrees. Infrastructure formula funding is based
on the space projection model, and funding infrastructure based on future
needs would be inappropriate. Forecast growth is considered in construction
needs decisions. No changes were made as a result of this comment.
Comment: Revise §17.6(1) and §17.42 in regards to the Board's
standard for space needs to exclude Board review of projects with clinical
care facilities to be consistent with Texas Education Code, §61.0572
and the exclusion of clinical and research facilities as in Texas Education
Code, §61.0572(d)(2).
Response: The staff agrees and §17.6(1) was revised accordingly and §17.4(a)(5)
specifically excludes the Board's approval authority for gifts, grants, or
lease-purchase arrangements intended for clinical and research facilities.
Section 17.42 relates to the Board's space-planning models not project reviews.
No changes were made to §17.42.
Comment: Revise §17.6(2) in regards to the Board's standard for square
foot construction cost to be less that the highest cost reported to R. S.
Mean's or the 80th percentile of projects approved by the Board (adjusted
for inflation), whichever is greater.
Response: The staff agrees and has amended the section accordingly.
Comment: Reconsider the Board's standard set out in §17.6(4). Consider
raising the deferred maintenance ratio to replacement cost to 0.10 with a
goal of 0.05 or use a building condition assessment in lieu of a ratio.
Response: The staff disagrees. The Board's 0.05 standard for deferred maintenance
costs to replacement values follows a national standard. No changes were made
as a result of this comment.
Comment: Revise §17.7(5) to remove the sentence that the Board may
waive any rule or standard should it determine that a project may be in the
best interest of the institution and the State to do so, and place the statement
to §17.1 so that it applies to all projects under the Board's consideration.
Response: The staff disagrees. Section 17.7 is a policy that the Board
adopted October 2000 that relates specifically to funding the construction
of intercollegiate athletic activities. The Board's review, approval, and
disapproval of all construction projects and real property acquisitions are
based on standards set out in Texas Education Code, §61.0572 to assure
the efficient use of construction funds and the orderly development of physical
plants and to carry out its duties prescribed in Texas Education Code, §61.058.
No changes were made as a result of this comment.
The new rules are adopted under Texas Education Code, §61.027,
which provides the Texas Higher Education Coordinating Board the authority
to adopt rules, and Texas Education Code, §61.0572 and §61.058,
which provides the Board the authority to establish and enforce standards
to assure efficient use of construction funds and the orderly development
of physical plants.
§17.1.Authority, Scope, and Purpose.
(a)
Authority. Authority for this chapter is provided in the
Texas Education Code, Chapter 61, Subchapter C, Powers and Duties of the Texas
Higher Education Coordinating Board. These rules establish and enforce standards
to assure efficient use of construction funds and the orderly development
of physical plants to accommodate projected college student enrollments, as
prescribed in the Texas Education Code, §61.0572 and §61.058.
(b)
Scope. Unless otherwise noted, this chapter applies to
all Texas public institutions of higher education as defined in Texas Education
Code, §61.058, except community colleges.
(c)
Purpose. This chapter provides guidance to the public and
to public institutions of higher education related to procedures of the Texas
Higher Education Coordinating Board for: approval or disapproval of construction
projects, property acquisitions, or lease-purchase arrangements; assuring
maximum use of facilities; and developing standards and policies for management
of physical plants designed to streamline operations and improve accountability.
§17.3.Governing Board Approval Required.
The Coordinating Board shall not consider for review any construction
project, real property acquisition, or lease-purchase space that shall be
added to an institution's facilities inventory if it has not been approved
by the appropriate board of regents.
§17.4.Delegation of Authority.
(a)
The following types of projects are exempt from Coordinating
Board approval:
(1)
New construction projects costing less than $1 million;
(2)
Major R&R projects costing less than $2 million;
(3)
Projects at The University of Texas at Austin, Texas A&M
University, and Prairie View A&M University financed more than 50% with
Permanent University Fund bond proceeds or Available University Fund funds;
(4)
Construction, repair, or rehabilitation of privately owned
buildings and facilities on land leased from an institution if the construction,
repair, or rehabilitation is financed entirely from funds not under the control
of the institution.
(5)
Gifts, grants, or lease-purchase arrangements intended
for clinical or research facilities.
(6)
New construction or major repair and rehabilitation projects
specifically approved by the legislature.
(b)
The Board authorizes the Commissioner to review or approve
the following types of projects on certification by the proposing institution's
governing board that Board-approved criteria are met:
(1)
Projects previously reviewed or approved by the Commissioner
but requiring re-consideration under the provisions of §17.10 (b) of
this title (relating to New Construction and Repair and Rehabilitation Projects),
providing they continue to be eligible for Commissioner approval.
(2)
Auxiliary enterprise projects being acquired, constructed,
or renovated without the use of state general revenue funds and with a total
projected cost of less than $10 million;
(3)
Major R&R of existing E&G buildings or facilities
that will not add E&G space with a total projected cost of less than $5
million;
(4)
Gifts, purchase or acquisition of real property having
a value of less than $300,000; and
(5)
Projects funded more than 50% with tuition revenue bond
proceeds. If the project does not meet Board standards, the Board shall notify
the governor, lieutenant governor, the speaker of the House of Representatives,
and the Legislative Budget Board.
(c)
Board authorized criteria referenced in §17.4(b)(1)
of this title (relating to Delegation of Authority) include the following:
(1)
Board standards regarding space need are met.
(2)
Board standards regarding construction cost and efficiency
are met.
(3)
Board standards regarding deferred maintenance are met,
or the project will reduce campus-deferred maintenance by an amount equal
to no less than 50% of the project cost.
(4)
If the project financing involves private gift and grant
funds, these funds are either in-hand or the governing board has committed
an alternative source of funds, should the primary source of funds not be
forthcoming, or has agreed to forego the project.
(5)
If the project will cause an increase in student fees,
such increases have been executed in accordance with the applicable laws concerning
approval by the student body.
(6)
If the project involves construction of a dormitory, bookstore,
food service facility, or other facility for which privatization may be a
viable alternative, the governing board has considered the feasibility of
privatization of both construction and operation of the facility.
(7)
The project shall comply with the minimum flood plain management
standards established by the Texas Natural Resources Conservation Commission
and the Federal Emergency Management Administration (FEMA).
(8)
If the project includes the acquisition of real property,
appropriate consideration has been given to the effect of the acquisition
on residential neighborhoods.
(9)
If the project includes the acquisition of real property,
the acquisition shall be included in the institution's long-range campus master
plan.
(10)
The project is included in the institution's most recently
submitted Campus Master Plan (MP1 report) or is an opportunity or emergency
that could not have been foreseen.
(d)
The Coordinating Board authorizes the Campus Planning Committee
to approve the following types of projects:
(1)
Gifts, purchase or acquisition of real property having
a value of $300,000 to $5 million;
(2)
Construction of new E&G space having a value of $1
million to $5 million;
(3)
Major R&R of existing E&G buildings or facilities
that will not add E&G space with a project cost of $5 million or more;
and
(4)
Auxiliary enterprise projects costing between $10 million
and $20 million.
(5)
Projects previously approved but requiring re-approval
under the provisions of §17.10 (b) of this title (relating to New Construction
and Repair and Rehabilitation Projects), and not eligible for re-approval
by the Commissioner.
(e)
In making their decisions, the Commissioner and the Campus
Planning Committee shall be guided by their judgment as to whether or not
the full Board would approve the project, were it being brought to the Board.
(f)
The Commissioner may refer projects to the Campus Planning
Committee or the Board. The Campus Planning Committee may refer projects to
the Board.
(g)
Decisions of the Campus Planning Committee are final. Decisions
of the Commissioner may be appealed to the Board.
(h)
The following types of projects shall be approved by the
Board:
(1)
Gifts, purchase or acquisition of real property having
a value over $5 million;
(2)
Construction of new E&G space having a value over $5
million;
(3)
Auxiliary enterprise projects costing more than $20 million.
(4)
Any project referred to the Board by the Campus Planning
Committee or the Commissioner.
§17.6.Coordinating Board Standards.
The following basic standards shall apply to all projects considered
by the Board, Campus Planning Committee, or the Commissioner.
(1)
Space Need--The project shall not create a campus space
surplus, as determined by the Coordinating Board's space projection models, §17.42
of this title (relating to Space Projection Models).
(2)
Cost--The construction building cost per gross square foot
shall be less than the highest actual construction cost per gross square foot
reported to R. S. Means or the 80th percentile of projects approved by THECB
(adjusted for inflation), whichever is greater. The proposed purchase price
of real property acquisitions should not exceed the highest appraised amount.
(3)
Efficiency--The ratio of NASF to GSF in a building or facility
shall be 0.60 or greater.
(4)
Deferred Maintenance--The ratio of campus-deferred maintenance
costs to replacement cost shall be 0.05 or less.
(5)
Critical Deferred Maintenance--There shall be a plan in
place to address any critical deferred maintenance reported on the master
plan.
§17.7.Intercollegiate Athletic Funded Projects.
The following shall apply to Board consideration of projects that support
intercollegiate athletics at Texas public universities. It does not apply
to projects exempt from Board approval, §17.1 and §17.4 of this
title (relating to General Provisions).
(1)
Where a facility is used for both intercollegiate athletics
and educational and general purposes, the cost of the facility should be appropriately
prorated.
(2)
This policy limits the use of student fees for financing
construction projects that support intercollegiate athletics to no more than
50% of the total project cost at Texas institutions that participate in the
Bowl Championship Series and to 75% of the total project cost at other universities.
(3)
For institutions participating in the NCAA Football Bowl
Championship Series, Board approval of projects supporting intercollegiate
athletics shall normally be conditional upon a finding that no more than 50%
of the financing is derived, directly or indirectly from students.
(4)
For institutions not participating in the NCAA Football
Bowl Championship Series, Board approval of projects supporting intercollegiate
athletics shall normally be conditional upon a finding that no more than 75%
of the financing is derived, directly or indirectly, from students.
(5)
The Board may waive any of the above conditions, should
it determine that it is in the best interest of the affected institution and
the State to do so.
(6)
In making its findings, the Board may consider the total
allocation of revenue supporting intercollegiate athletics.
(7)
Definitions. The following words and terms shall have the
following meaning, unless the context clearly indicates otherwise.
(A)
Intercollegiate athletic facilities--Any facility for the
purpose of supporting intercollegiate athletics, including stadiums, arenas,
multi-purpose centers, playing fields, locker rooms, coaches' office, etc.
(B)
Financing directly derived from students--Funds resulting
from the collection of fees or other charges to students, such as designated
tuition, student activities fees, housing revenue, bookstore or student union
revenue, etc. Bond proceeds for which one or more of these sources provides
debt service shall also be considered financing directly derived from students.
(C)
Financing indirectly derived from students--Funds generated
from funds accumulated from students, primarily interest on funds accumulated
directly from students.
(D)
Non-student sources--Funds generated from athletic department
operations, gifts and grants, facility usage fees, related revenue, and appropriated
funds.
(E)
NCAA Football Bowl Championship Series--A program of the
NCAA under which certain NCAA Division I-A football universities share proceeds
of college bowl games.
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 July 25, 2001.
TRD-200104298
Gary Prevost
Director of Business Services
Texas Higher Education Coordinating Board
Effective date: August 14, 2001
Proposal publication date: February 23, 2001
For further information, please call: (512) 427-6162
19 TAC §§17.21 - 17.27, 17.31, 17.33
The Texas Higher Education Coordinating Board adopts the
repeal of §§17.21 - 17.27, 17.31 and 17.33 concerning Campus Planning
(Criteria for Approval of New Construction and Major Repair and Rehabilitation)
without changes to the proposed text as published in the February 23, 2001
issue of the
Texas Register
(26 TexReg 1641).
Existing Board rules concerning campus planning procedures were developed
over a number of years with numerous amendments. The rules are being repealed
to restructure the existing rules to increase readability.
There were no comments on the repeal of the rules.
The repeal of the rules is adopted under Texas Education Code, §61.027,
which provides the Texas Higher Education Coordinating Board the authority
to adopt rules, and Texas Education Code, §61.0572 and §61.058,
which provides the Board the authority to establish and enforce standards
to assure efficient use of construction funds and the orderly development
of physical plants.
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 July 25, 2001.
TRD-200104303
Gary Prevost
Director of Business Services
Texas Higher Education Coordinating Board
Effective date: August 14, 2001
Proposal publication date: February 23, 2001
For further information, please call: (512) 427-6162
19 TAC §17.10, §17.11
The Texas Higher Education Coordinating Board adopts new §17.10
and §17.11 concerning Campus Planning (New Construction and Repair and
Rehabilitation Projects) with changes to §17.10 of the proposed text
as published in the February 23, 2001 issue of the
Texas Register
(26 TexReg 1644). Section 17.11 is being adopted without
changes and will not be republished. Existing Board rules concerning campus
planning procedures were developed over a number of years and were amended
numerous times. The new rules principally restructure the existing rules to
streamline them, increase readability, and document existing practices. Specifically,
the new rules establish standards for construction projects, processes for
updating space projection models used by the Board, the use of eminent domain
in the acquisition of real property, and reporting requirements.
No comments were received in response to the proposed rules.
The new rules are adopted under Texas Education Code, §61.027,
which provides the Texas Higher Education Coordinating Board the authority
to adopt rules, and Texas Education Code, §61.0572 and §61.058,
which provides the Board the authority to establish and enforce standards
to assure efficient use of construction funds and the orderly development
of physical plants.
§17.10.Evaluation Considerations.
(a)
Subject to the provisions of §17.1 and §17.4
of this title (relating to General Provisions), the Board shall approve or
disapprove all new construction and repair and rehabilitation of all buildings
and facilities at institutions of higher education financed from any source.
(b)
Previously approved projects must be re-approved if:
(1)
the total cost of a project exceeds cost estimates by more
than 10%, or
(2)
gross square footage is changed by more than 10%, or
(3)
contracts on the project have not been let within 18 months
from its final approval date, or
(4)
any change in the funding source of an approved project.
(c)
The Board's consideration and determination shall be limited
to the purpose for which the new or remodeled buildings are to be used to
assure conformity with approved space utilization standards and the institution's
approved programs and role and mission if the cost of the project is not more
than $2,000,000.
(d)
The Board shall consider the purpose for which the new
or remodeled buildings are to be used and cost factors and the financial implications
of the project to the state if the total cost is in excess of $2,000,000.
(e)
The Board shall consider the extent to which each of the
standards in §17.6 of this title (relating to Coordinating Board Standards)
is met.
(f)
The Board shall ascertain that standards and specifications
for new construction, repair and rehabilitation of all buildings and facilities
are in accordance with Article 9102, Revised Statutes.
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 July 25, 2001.
TRD-200104299
Gary Prevost
Director of Business Services
Texas Higher Education Coordinating Board
Effective date: August 14, 2001
Proposal publication date: February 23, 2001
For further information, please call: (512) 427-6162
19 TAC §§17.41 - 17.46
The Texas Higher Education Coordinating Board adopts the
repeal of §§17.41 through 17.46 concerning Campus Planning (Application
for Approval of New Construction and Major Repair and Rehabilitation) without
changes to the proposed text as published in the February 23, 2001 issue of
the
Texas Register
(26 TexReg 1644). Existing
Board rules concerning campus planning procedures were developed over a number
of years with numerous amendments. The rules are being repealed to restructure
the existing rules to increase readability.
There were no comments received regarding the repeal of the rules
The repeal of the rules is adopted under Texas Education Code, §61.027,
which provides the Texas Higher Education Coordinating Board the authority
to adopt rules, and Texas Education Code, §§61.0572 and 61.058,
which provides the Board the authority to establish and enforce standards
to assure efficient use of construction funds and the orderly development
of physical plants.
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 July 25, 2001.
TRD-200104304
Gary Prevost
Director of Business Services
Texas Higher Education Coordinating Board
Effective date: August 14, 2001
Proposal publication date: February 23, 2001
For further information, please call: (512) 427-6162
19 TAC §§17.20 - 17.24
The Texas Higher Education Coordinating Board adopts new §§17.20
- 17.24 concerning Campus Planning (Real Property Acquisition Projects) with
changes to §17.24 of the proposed text as published in the February 23,
2001 issue of the
Texas Register
(26 TexReg
1645). Sections 17.20 - 17.23 are being adopted without changes and will not
be republished. Existing Board rules concerning campus planning procedures
were developed over a number of years and were amended numerous times. The
new rules principally restructure the existing rules to streamline them, increase
readability, and document existing practices. Specifically, the new rules
establish standards for construction projects, processes for updating space
projection models used by the Board, the use of eminent domain in the acquisition
of real property, and reporting requirements.
No comments were received in response to the proposed rules.
The new rules are adopted under Texas Education Code, §61.027,
which provides the Texas Higher Education Coordinating Board the authority
to adopt rules, and Texas Education Code, §61.0572 and §61.058,
which provides the Board the authority to establish and enforce standards
to assure efficient use of construction funds and the orderly development
of physical plants.
§17.24.Eminent Domain.
Coordinating Board approval of acquisitions in which eminent domain
may be necessary shall be obtained prior to the commencement of eminent domain
proceedings. The institution shall provide to the Coordinating Board evidence
of efforts made to reach an agreement with the property's owner and an estimate
of the projected legal costs associated with the eminent domain proceeding.
In the event the court establishes a purchase price 10% higher than that approved
by the Board, the institution shall promptly report the amount to the Board,
but it is not necessary to seek reapproval.
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 July 25, 2001.
TRD-200104300
Gary Prevost
Director of Business Services
Texas Higher Education Coordinating Board
Effective date: August 14, 2001
Proposal publication date: February 23, 2001
For further information, please call: (512) 427-6162
19 TAC §§17.61 - 17.68
The Texas Higher Education Coordinating Board adopts the
repeal of §§17.61 through 17.68 concerning Campus Planning (Requesting
Coordinating Board Endorsement of Real Property Acquisitions) without changes
to the proposed text as published in the February 23, 2001 issue of the
There were no comments received regarding the repeal of the rules.
The repeal of the rules is adopted under Texas Education Code, §61.027,
which provides the Texas Higher Education Coordinating Board the authority
to adopt rules, and Texas Education Code, §§61.0572 and 61.058,
which provides the Board the authority to establish and enforce standards
to assure efficient use of construction funds and the orderly development
of physical plants.
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 July 25, 2001.
TRD-200104305
Gary Prevost
Director of Business Services
Texas Higher Education Coordinating Board
Effective date: August 14, 2001
Proposal publication date: February 23, 2001
For further information, please call: (512) 427-6162
19 TAC §17.30, §17.31
The Texas Higher Education Coordinating Board adopts new §17.30
and §17.31 concerning Campus Planning (Leased Space) with changes to
the proposed text as published in the February 23, 2001 issue of the
No comments were received in response to the proposed rules.
The new rules are adopted under Texas Education Code, §61.027,
which provides the Texas Higher Education Coordinating Board the authority
to adopt rules, and Texas Education Code, §61.0572 and §61.058,
which provides the Board the authority to establish and enforce standards
to assure efficient use of construction funds and the orderly development
of physical plants.
§17.30.Limitations.
The Board shall review and approve as an addition to an institution's
E&G buildings and facilities inventory any improved real property acquired
by gifts or lease-purchase if:
(1)
the institution requests to place the improved real property
on its E&G buildings and facilities inventory; and
(2)
the value of the improved real property is more than $300,000
at the time the institution requests the property to be added to the E&G
buildings and facilities inventory.
§17.31.Evaluation Considerations.
The Board shall ascertain that provisions of Chapter 17, Subchapters
A through C are followed in regards to lease-purchase space acquired by an
institution.
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 July 25, 2001.
TRD-200104301
Gary Prevost
Director of Business Services
Texas Higher Education Coordinating Board
Effective date: August 14, 2001
Proposal publication date: February 23, 2001
For further information, please call: (512) 427-6162
19 TAC §17.81
The Texas Higher Education Coordinating Board adopts the
repeal of §17.81 concerning Campus Planning (Audits of Educational and
General Facilities) without changes to the proposed text as published in the
February 23, 2001 issue of the
Texas Register
(26 TexReg 1647). Existing Board rules concerning campus planning procedures
were developed over a number of years with numerous amendments. The rules
are being repealed to restructure the existing rules to increase readability.
There were no comments received regarding the repeal of the rules.
The repeal of the rules is adopted under Texas Education Code, §61.027,
which provides the Texas Higher Education Coordinating Board the authority
to adopt rules, and Texas Education Code, §§61.0572 and 61.058,
which provides the Board the authority to establish and enforce standards
to assure efficient use of construction funds and the orderly development
of physical plants.
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 July 25, 2001.
TRD-200104306
Gary Prevost
Director of Business Services
Texas Higher Education Coordinating Board
Effective date: August 14, 2001
Proposal publication date: February 23, 2001
For further information, please call: (512) 427-6162
19 TAC §§17.40 - 17.42
The Texas Higher Education Coordinating Board adopts new §§17.40
- 17.42 concerning Campus Planning (Institutional Reporting) without changes
to the proposed text as published in the February 23, 2001 issue of the
Comments were received during the comment period.
Comment: Revise §17.6(1) and §17.42 to reflect that the Board's
space projection models should forecast space needs five years out to allow
time for a project's programming, design, and construction.
Response: The staff disagrees. Infrastructure formula funding is based
on the space projection model, and funding infrastructure based on future
needs would be inappropriate. Forecast growth is considered in construction
needs decisions. No changes were made as a result of this comment.
Comment: Revise §17.6(1) and §17.42 in regards to the Board's
standard for space needs to exclude Board review of projects with clinical
care facilities to be consistent with Texas Education Code, §61.0572
and the exclusion of clinical and research facilities as in Texas Education
Code, §61.0572(d)(2).
Response: The staff agrees and §17.6(1) was revised accordingly and §17.4(a)(5)
specifically excludes the Board's approval authority for gifts, grants, or
lease-purchase arrangements intended for clinical and research facilities.
Section 17.42 relates to the Board's space-planning models not project reviews.
No changes were made to §17.42.
The new rules are adopted under Texas Education Code, §61.027,
which provides the Texas Higher Education Coordinating Board the authority
to adopt rules, and Texas Education Code, §61.0572 and §61.058,
which provides the Board the authority to establish and enforce standards
to assure efficient use of construction funds and the orderly development
of physical plants.
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 July 25, 2001.
TRD-200104302
Gary Prevost
Director of Business Services
Texas Higher Education Coordinating Board
Effective date: August 14, 2001
Proposal publication date: February 23, 2001
For further information, please call: (512) 427-6162
Subchapter A. GENERAL PROVISIONS
19 TAC §21.3
Texas Higher Education Coordinating Board adopts amendments
to §21.3 concerning Loan Repayment Deferral and Loan Forgiveness for
Emergency Tuition Loans made under the Texas Education Code, §56.051
without changes to the proposed text as published in the May 18, 2001 issue
of the
Texas Register
(26 TexReg 3596). Specifically,
these amendments will clarify that the loans are for both tuition and fees
and that institutions are required to offer deferrals to students who would
otherwise be deprived of an education due to a lack of financial ability.
In addition, the amendments will clarify the dates when repayment must begin
if a deferral is granted and clarify that institutions are required to forgive
emergency loans to individuals who meet the forgiveness criteria outlined
in Board rules.
There were no comments received in response to the proposed amendments.
The amendments to the rule are adopted under the Texas Education
Code, §56.051, which provides the Coordinating Board with the authority
to adopt rules under which each institution of higher education may establish
an emergency loan program under which students are loaned money to pay tuition
and fees.
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 July 30, 2001.
TRD-200104386
Gary Prevost
Director of Business Services
Texas Higher Education Coordinating Board
Effective date: August 19, 2001
Proposal publication date: May 18, 2001
For further information, please call: (512) 427-6162
Subchapter A. GENERAL PROVISIONS FOR ALL GRANT AND SCHOLARSHIP PROGRAMS DESCRIBED IN THIS CHAPTER
Chapter 5.
PROGRAM DEVELOPMENT
Subchapter T. TOBACCO LAWSUIT SETTLEMENT FUNDS
Chapter 17.
CAMPUS PLANNING
Subchapter A. CRITERIA FOR APPROVAL OF NEW CONSTRUCTION AND MAJOR REPAIR AND REHABILITATION
Subchapter B. NEW CONSTRUCTION AND REPAIR AND REHABILITATION PROJECTS
Subchapter B. APPLICATION FOR APPROVAL OF NEW CONSTRUCTION AND MAJOR REPAIR AND REHABILITATION
Subchapter C. REAL PROPERTY ACQUISITION PROJECTS
Subchapter C. REQUESTING COORDINATING BOARD ENDORSEMENT OF REAL PROPERTY ACQUISITIONS
Subchapter D. LEASED SPACE
Subchapter D. AUDITS OF EDUCATIONAL AND GENERAL FACILITIES
Subchapter E. INSTITUTIONAL REPORTING
Chapter 21.
STUDENT SERVICES
Chapter 22.
GRANT AND SCHOLARSHIP PROGRAMS