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 proposes amendments
to §1.8 of Board rules, concerning Historically Underutilized Business
(HUB) Program. 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.
Gary Prevost, Director of Business Services, has determined that for each
year of the first five years these amendments to the rule are in effect, there
will be no fiscal impact to state and local governments as a result of the
enforcement or administration of the rules. There will be no measurable effect
on local employment or the local economy as a result of the proposal.
Mr. Prevost has also determined that for each year of the first five years
these proposed amendments to the rules are in effect, the public benefit will
be an increased awareness of business opportunities for HUB's and increased
opportunities for purchase and contract awards to HUB's. There is no adverse
effect on small businesses. There are no anticipated economic costs to persons
who are required to comply with these sections as proposed. There is no impact
on local employment.
Comments on the proposed amendments to the rule may be submitted to Dr.
Don W. Brown, Commissioner of Higher Education, Texas Higher Education Coordinating
Board, P. O. Box 12788, Austin, Texas 78711.
The amendments to the rule is proposed 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.
The amendments to the rule affect Texas Government Code, Chapter 2161
§1.8.[
In accordance with the Government Code, §2161.003, the
Texas Higher Education Coordinating Board (board) adopts by reference the
rules of the General Services Commission (GSC) found at Title 1 Texas Administrative
Code, §§111.11 - 111.28, concerning the Historically Underutilized
Business (HUB) Program. For purposes of implementing the GSC rules at the
board, references to state agency or agency shall be considered to be a reference
to the board.
[(a)
A Historically Underutilized Business
(HUB) is a business that meets the definition of Historically Underutilized
Business as defined in the rules of the General Services Commission.]
[(b)
The Board shall make a good faith effort
to utilize HUBs in contracts for construction services, including professional
and consulting services, and commodities purchases.]
[(c)
The Board shall make a good faith effort
to assist HUBs in receiving a portion of the total contract value of all contracts
awarded by the Board in accordance with the percentage goals established by
the General Services Commission.]
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State, on April 30, 2001.
TRD-200102460
Gary Prevost
Director of Business Services
Texas Higher Education Coordinating Board
Proposed date of adoption: July 20, 2001
For further information, please call: (512) 427-6162
Subchapter A. GENERAL PROVISIONS
19 TAC §5.11
Texas Higher Education Coordinating Board proposes amendments
to §5.11 concerning the Common Admission Application. Specifically, this
amendment will bring the rules in line with the method of allocating the cost
of the electronic common application among the participating institutions
as voted on by the advisory committee
Lois Hollis, Acting Assistant Commissioner for Student Services, has determined
that for each year of the first five years the amendments to the rules are
in effect, there will be no fiscal implications to state or local government
as a result of enforcing or administering the rules as proposed.
Ms. Hollis has also determined that for each year of the first five years
the amendments to the rules are in effect, the public benefit anticipated
as a result of administering this amendment to the rules will be that the
participating institutions will be charged according to a method voted on
by the advisory committee. There will be no effect on small businesses. There
is no anticipated economic costs to institutions required to comply with the
amendments to the rules as proposed. There is no impact on local employment.
Comments on the proposed amendments to the rules may be submitted to Dr.
Don W. Brown, Commissioner of Higher Education, Texas Higher Education Coordinating
Board, P.O. Box 12788, Capitol Station, Austin, Texas 78711.
The amendment to the rules is proposed 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.
The amendments affect Texas Education Code, §51.763.
§5.11.Common Admission Application.
(a)-(d)
(No change.)
(e)
The Coordinating Board shall enter into a memorandum of
understanding with a public institution of higher education to design and
implement an electronic common application system for use by the public in
applying for admission to Texas general academic teaching institutions and
for distribution of the electronic application system to the university(s)
designated by the applicant. After the system is implemented, operating costs
of the system will be paid for by participating institutions. Each institution
will pay a portion of the cost based on the percentage of their enrollment
[
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State, on April 30, 2001.
TRD-200102457
Gary Prevost
Director of Business Services
Texas Higher Education Coordinating Board
Proposed date of adoption: July 20, 2001
For further information, please call: (512) 427-6162
19 TAC §5.421
The Texas Higher Education Coordinating Board proposes amendments
to §5.421 concerning the Permanent Fund for Minority Health Research
and Education. The Coordinating Board first approved rules for the Permanent
Fund for Minority Health Research and Education (Texas Education Code §§63.301
- 63.302) in January 2000. The proposed amendments clarify legislative intent
by providing an additional criterion for the award of grant funds. The Fund
was created by the 76th Legislature to provide funding to higher education
institutions from receipts of the Texas Tobacco Lawsuit Settlement. The Coordinating
Board is directed to use investment returns from the Fund for the purpose
of providing grants to institutions of higher education, including Centers
for Teacher Education, that conduct research or education programs that address
minority health issues or form partnerships with minority organizations, colleges
or universities to conduct research and educational programs that address
minority health issues.
Marshall A. Hill, Assistant Commissioner for Universities and Health-Related
Institutions, has determined that for each year of the first five years the
proposed amendments to the rule are in effect, there will be no fiscal implications
to state or local government as a result of enforcing or administering the
rule as proposed.
Dr. Hill also has determined that each of the first five years the proposed
amendments to the rule is in effect, the public benefit anticipated as a result
of administering the section will be the implementation of new or expanded
research and educational programs that address minority health issues. There
will be no effect on small business. Additional funds provided to individual
institutions may have a positive residual effect on local employment.
Comments on the proposed amendments to the rule may be submitted to Dr.
Don W. Brown, Commissioner of Higher Education, Texas Higher Education Coordinating
Board, P.O. Box 12788, Capitol Station, Austin, Texas 78711.
The amendments to the rule is proposed 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.
The amendments to the rule affect Texas Education Code, §63.302.
§5.421.Minority Health Research and Education Grant Program.
(a)
(No change.)
(b)
General Information. The program, as it applies to this
section:
(1)-(6)
(No change.)
(7)
General Selection Criteria - Competitive. Designed to award
grants that provide the best overall value to the state. Selection criteria
shall be based on:
(A)-(C)
(No change.)
(D)
Other factors to be considered by the Board, including
financial ability to perform program, state and regional needs and priorities,
whether the eligible institution has been designated as an Historically Black
or Hispanic Serving institution by the U.S. Department of Education,
ability to continue program after grant period, and past performance.
(8)-(10)
(No change.)
(c)-(h)
(No change.)
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State, on April 30, 2001.
TRD-200102459
Gary Prevost
Director of Business Services
Texas Higher Education Coordinating Board
Proposed date of adoption: July 20, 2001
For further information, please call: (512) 427-6162
Subchapter A. GENERAL PROVISIONS
19 TAC §21.3
Texas Higher Education Coordinating Board proposes amendments
to §21.3 concerning Loan Repayment Deferral and Loan Forgiveness for
Emergency Tuition Loans made under the Texas Education Code, §56.051.
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.
Lois Hollis, Acting Assistant Commissioner for Student Services has determined
that for each year of the first five years the amendments to the rules are
in effect, there will be no fiscal implications to state or local government
as a result of enforcing or administering the rules as proposed.
Ms. Hollis has also determined that for each year of the first five years
the amendments to the rules are in effect, the public benefit anticipated
as a result of administering these amendments to the rules will be an increased
number of students given additional time to repay their loans or to have their
loans forgiven (in case of severe hardship). This additional time can relieve
some of the financial pressure on students and enable them to more successfully
concentrate on their studies. There will be no effect on small businesses.
There is no anticipated economic costs to institutions required to comply
with the amendments to the rules as proposed. There is no impact on local
employment.
Comments on the proposed amendments to the rules may be submitted to Dr.
Don W. Brown, Commissioner of Higher Education, Texas Higher Education Coordinating
Board, P.O. Box 12788, Capitol Station, Austin, Texas 78711.
The amendments to the rules are proposed 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.
The amendments affect Texas Education Code, §56.051.
§21.3.Loan Repayment Deferral and Loan Forgiveness for Emergency Tuition and Fee Loans Made Under Texas Education Code, §56.051.
(a)
An institution
shall
[
(b)
An institution
shall
[
(c)
An institution shall maintain documentation
[
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State, on April 30, 2001.
TRD-200102455
Gary Prevost
Director of Business Services
Texas Higher Education Coordinating Board
Proposed date of adoption: July 20, 2001
For further information, please call: (512) 427-6162
Subchapter A. GENERAL PROVISIONS FOR ALL GRANT AND SCHOLARSHIP PROGRAMS DESCRIBED IN THIS CHAPTER
19 TAC §22.6
Texas Higher Education Coordinating Board proposes amendments
to §22.6 concerning the General Provisions for all Grant and Scholarship
Programs Described in Chapter 22. Specifically, these amendments will allow
for increased efficiency in awarding grant monies to eligible students by
allowing for flexibility in setting reallocation dates and by allowing certain
financial aid programs to be administered as campus-based programs whereby
all awarding and adjustments would be handled locally at the institution of
higher education.
Lois Hollis, Acting Assistant Commissioner for Student Services, has determined
that for each year of the first five years the amendments to the rules are
in effect, there will be no fiscal implications to state or local government
as a result of enforcing or administering the rules as proposed.
Ms. Hollis has also determined that for each year of the first five years
the amendments to the rules are in effect, the public benefit anticipated
as a result of administering these amendments to the rules will be the increased
number of students served. There will be no effect on small businesses. There
is no anticipated economic costs to institutions required to comply with the
amendments to the rules as proposed. There is no impact on local employment.
Comments on the proposed amendments to the rules may be submitted to Dr.
Don W. Brown, Commissioner of Higher Education, Texas Higher Education Coordinating
Board, P.O. Box 12788, Capitol Station, Austin, Texas 78711.
The amendments to the rules are proposed under the Texas Education
Code, §56.002, which provides the Coordinating Board with the authority
to establish financial assistance programs to enable qualified students to
receive a postsecondary education; §56.503, which provides the Coordinating
Board with the authority to administer the TEXAS Grant program; §61.221,
which provides the Coordinating Board with the authority to provide tuition
equalization grants to Texas residents enrolled in any approved private Texas
college or university; §61.652, which provides the Coordinating Board
with the authority to establish a scholarship program for professional and
vocational nursing students; §61.751, which provides the Coordinating
Board with the authority to establish and administer scholarships for fifth-year
accounting students; and Texas Education Code, §61.027.
The amendments affect Texas Education Code, §§56.002, 56.303,
61.221, 61.652, and 61.751; and the Texas Transportation Code, Subchapter
F.
§22.6.Awards and Adjustments.
(a)
(No change.)
(b)
Allocations and Reallocations. Unless otherwise indicated,
institutions will have until
a date specified by the Coordinating Board
[
(c)
Certification and Disbursement Procedures. Unless otherwise
indicated, on receipt of certification by the program officer of the amount
of the grant or scholarship for which the student is eligible, the commissioner
or another designated member of the staff of the board shall request such
funds from the state comptroller's office and forward the funds to the institution
for disbursement to the student or for crediting to the student's account.
Institutions approved to administer a grant program as a campus-based program
shall periodically be disbursed funds in lump-sum amounts based on receipt
of certification by the Program Officer of the amounts required to meet recent
disbursements to students, or to cover disbursements to be made within three
days of the receipt of the state funds.
(d)-(h)
(No change.)
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State, on April 30, 2001.
TRD-200102456
Gary Prevost
Director of Business Services
Texas Higher Education Coordinating Board
Proposed date of adoption: July 20, 2001
For further information, please call: (512) 427-6162
19 TAC §22.163
Texas Higher Education Coordinating Board proposes an amendment
to §22.163 concerning the Fifty-Year Accounting Student Scholarship Program.
Specifically, this amendment will require recipients to have completed at
least 15 hours of accounting when they receive their scholarships, thus increasing
the probability that an award recipient will pursue a career in accounting.
Lois Hollis, Acting Assistant Commissioner for Student Services has determined
that for each year of the first five years the amendments to the rules are
in effect, there will be no fiscal implications to state or local government
as a result of enforcing or administering the rules as proposed.
Ms. Hollis has also determined that for each year of the first five years
the amendment to the rules is in effect, the public benefit anticipated as
a result of administering this amendment to the rules will be an increased
percentage of the students receiving scholarships who go on to sit for the
Texas Certified Public Accountancy examination and pursue careers in accounting.
There will be no effect on small businesses. There is no anticipated economic
costs to institutions required to comply with the amendments to the rules
as proposed. There is no impact on local employment.
Comments on the proposed amendments to the rules may be submitted to Dr.
Don W. Brown, Commissioner of Higher Education, Texas Higher Education Coordinating
Board, P.O. Box 12788, Capitol Station, Austin, Texas 78711.
The amendment to the rules is proposed under the Texas Education
Code, §61.751, which provides the Coordinating Board with the authority
to establish and administer scholarships for fifth-year accounting students.
The amendments affect Texas Education Code, §61.751.
§22.163.Eligible Students.
(a)
To receive funds, a student must
(1)
meet the general eligibility requirements of this chapter,
(2)
have completed
at least
120 credit hours of
college work,
including at least 15 hours of accounting,
and
(3)
(No change.)
(b)
(No change.)
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State, on April 30, 2001.
TRD-200102458
Gary Prevost
Director of Business Services
Texas Higher Education Coordinating Board
Proposed date of adoption: July 20, 2001
For further information, please call: (512) 427-6162
Chapter 150.
COMMISSIONER'S RULES CONCERNING EDUCATOR APPRAISAL
Subchapter AA. TEACHER APPRAISAL
Contracts with ] Historically Underutilized Business (HUBs) Program .
Chapter 5.
PROGRAM DEVELOPMENT
or number of applications received
] compared to the total statewide
public higher education enrollment
based on the pervious year's certified
enrollment data
[
averaged over the previous five years of certified
data
]. The Coordinating Board will monitor the cost of the system and
notify the institutions on an annual basis of their share of the cost. Billings
for the services for the coming year will be calculated and sent to the institutions
in December and payments must be received by September 1.
Subchapter T. TOBACCO LAWSUIT SETTLEMENT FUNDS
Chapter 21.
STUDENT SERVICES
may
] defer
the repayment of
emergency tuition and fee
loans [
made under
the provisions of the Texas Education Code, §56. 051
], in accordance
with guidelines adopted by the governing board of the institution.
The
deferred repayment, however, must begin on the earlier of the following dates:
the first day of the ninth month after the last month in which the borrower
was enrolled in a public institution of higher education, or the fifth anniversary
of the date on which the loan was executed.
An institution may extend
the time for repayment of loans for students who enroll in graduate or professional
degree programs for up to three years, but not longer than one year beyond
the time when the student fails to be enrolled in the institution on at least
a half-time basis.
may
] forgive
an emergency loan [
made under provisions of the Texas Education Code, §56.
051
] to an individual who has been certified by a physician as being
physically or mentally incapable of employment
, resulting in a financial
hardship that
[
which
] would make repayment
infeasible
[
feasible
]. The physician's certification would need to
indicate that the individual's extreme financial hardship condition is expected
to continue and would likely make repayment infeasible for the succeeding
five years.
Documentation
] justifying the deferral of repayments or the
forgiveness
[
forgiving
] of emergency loans [
made under
the Education Code §56.051shall be maintained
] for review by the
State Auditor.
Chapter 22.
GRANT AND SCHOLARSHIP PROGRAMS
November 30 of each year
] to certify all funds allocated
to their students. As of
that date
[
December 1
], uncertified
funds are available for reallocation to students at other institutions on
a first come/first served basis.
If necessary for ensuring the full use
of funds, a second reallocation deadline will be set by the Board, after which
time reallocations are continuous until all funds are awarded and disbursed.
Reallocation dates are to be announced prior to the start of each year to
enable institutions to plan accordingly
[
Once all uncertified funds
are reallocated, allotments to students at each institution are fixed until
March 15. After March 15, reallocations are continuous until all funds are
awarded and disbursed
].
Subchapter I. PROVISIONS FOR THE FIFTH-YEAR ACCOUNTING STUDENT SCHOLARSHIP PROGRAM
Part 2.
TEXAS EDUCATION AGENCY