Part 1.
TEXAS HIGHER EDUCATION COORDINATING BOARD
Chapter 1.
AGENCY ADMINISTRATION
Subchapter A. GENERAL PROVISIONS
19 TAC §1.12
The Texas Higher Education Coordinating Board adopts new §1.12,
concerning approval of trips to foreign countries by Board staff if expenses
are paid from appropriated funds without changes to the proposed text as published
in the November 23, 2001, issue of the
Texas Register
(26 TexReg 9494).
Specifically, this new rule delegates the authority of the Board, under
Article IX, §5.09(i), General Appropriations Act, 77th Texas Legislature,
to approve travel to foreign countries, except for Canada or Mexico, to the
Commissioner. It also requires that the Commissioner submit a report on certain
foreign travel with required approvals, by October 1 of each year, to the
Governor's Office of Budget and Planning and the Legislative Budget Board.
No comments were received concerning the new rule.
The new rule is adopted under the Texas Education Code, §61.027,
which provides the Coordinating Board with the authority to adopt rules.
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 February 5, 2002.
TRD-200200745
Jan Greenberg
General Counsel
Texas Higher Education Coordinating Board
Effective date: February 25, 2002
Proposal publication date: November 23, 2001
For further information, please call: (512) 427-6162
19 TAC §1.13
The Texas Higher Education Coordinating Board adopts new §1.13,
concerning the Board's relationship with the Internal Auditor and the reporting
responsibilities of the Internal Auditor (H.B. 609, 77th Texas Legislature)
without changes to the proposed text as published in the November 23, 2001,
issue of the
Texas Register
(26 TexReg 9495).
Specifically, this new rule is adopted to implement changes to Texas Government
Code, §2102, relating to internal auditing of state agencies. The adopted
rule requires that the Board appoint the internal auditor for the Board, that
the internal auditor report directly to the Board on all matters except for
those administrative matters that require the decision of the Commissioner,
that the internal auditor develop an annual audit plan, conduct audits and
document deviations, and discuss reports with the Administration and Financial
Planning Committee of the Board, and that the internal auditor provide all
audit reports directly to the Board. Additionally, the rule provides that
the Board receives the advice and counsel of the Commissioner regarding matters
of termination, discipline, transfer, or reclassification or changes in powers,
duties or responsibilities of the Internal Auditor.
No comments were received concerning the new rule.
The new rule is adopted under the Texas Education Code, §61.027,
which provides the Coordinating Board with the authority to adopt rules and
Texas Education Code, §61.029, which requires the appointment of an internal
auditor for the Board.
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 February 5, 2002.
TRD-200200744
Jan Greenberg
General Counsel
Texas Higher Education Coordinating Board
Effective date: February 25, 2002
Proposal publication date: November 23, 2001
For further information, please call: (512) 427-6162
19 TAC §1.64
The Texas Higher Education Coordinating Board adopts amendments
to §1.64, concerning the designation of the Official Nonprofit Partner
as "College for All Texans Foundation: Closing the Gaps," and the appointment
and membership of its Board of Trustees without changes to the proposed text
as published in the November 23, 2001, issue of the
Texas Register
(26 TexReg 9496).
Specifically, these amendments designate "College for All Texans Foundation:
Closing the Gaps" as the official nonprofit partner of the Board and provide
that the Commissioner shall serve as an ex officio trustee with no vote. To
reflect the by-laws of the official nonprofit partner, these amendments incorporate
the term "trustee" in describing the board members of the nonprofit partner
and provide that a majority of the trustees are appointed by the Chair of
the Board.
No comments were received concerning the amendments to the rule.
The amendments are adopted under the Texas Education Code, §61.027,
which provides the Coordinating Board with the authority to adopt rules and
Texas Government Code, §2255.001, which provides the Coordinating Board
with the authority to adopt rules regarding standards of conduct with private
organizations.
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 February 5, 2002.
TRD-200200746
Jan Greenberg
General Counsel
Texas Higher Education Coordinating Board
Effective date: February 25, 2002
Proposal publication date: November 23, 2001
For further information, please call: (512) 427-6162
Subchapter A. GENERAL PROVISIONS
19 TAC §5.4
The Texas Higher Education Coordinating Board adopts new §5.4,
concerning period of time for which Coordinating Board approval to establish
a degree program or implement an administrative change at a university or
health-related institution is valid, without changes to the proposed text
as published in the November 23, 2001, issue of the
Texas Register
(26 TexReg 9496).
Specifically, this new rule would establish a period of time for which
Coordinating Board approval to establish a degree program or implement an
administrative change is valid.
Comments were received regarding the new rule as follows:
Comment: We received positive comments from five institutions/systems:
Texas Tech University Health Sciences Center, The University of Texas System,
The University of Texas at San Antonio, Stephen F. Austin State University,
and the University of Houston System.
Response: No negative comments were received and no changes were made in
response to these comments.
The new rule is adopted under the Texas Education Code, §61.027,
which provides the Coordinating Board with general rule-making authority and
the Texas Education Code, §61.051, which provides the Coordinating Board
with authority to coordinate institutions of public higher education in promoting
quality education.
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 February 5, 2002.
TRD-200200740
Jan Greenberg
General Counsel
Texas Higher Education Coordinating Board
Effective date: February 25, 2002
Proposal publication date: November 23, 2001
For further information, please call: (512) 427-6162
19 TAC §5.74
The Texas Higher Education Coordinating Board adopts amendments
to §5.74, concerning eliminating the need for requiring consideration
of a doctoral proposal at two quarterly Board meetings, without changes to
the proposed text as published in the November 23, 2001, issue of the
Specifically, these amendments would eliminate the need for requiring consideration
of a doctoral proposal at two quarterly Board meetings.
Comments were received regarding the amendments as follows:
Comment: The following institutions or organizations submitted comments
supporting the proposed change: The University of Texas System, The University
of Texas at San Antonio, and Texas A&M University-Commerce.
Response: Since the comments from the institutions were favorable, no changes
were made.
Comment: The Texas State University System submitted comments on the doctoral
considerations, in general, but not specifically relating to the proposed
amendments.
Response: Since the comments were favorable, no changes were made.
Comment: The University of Texas-Pan American supported the current process
and objected to the proposed amendment stating that the change could prevent
potentially affected institutions' review and comment on proposed programs.
The institution stated that if there was a way to notify campuses about the
submission of doctoral proposals and allow time for comment and/or objection,
their concerns would be resolved.
Response: For several years, we have been notifying institutions through
our website about all proposals under consideration. The site http://www.thecb.state.tx.us/reports/pdf/0202.pdf
lists all proposals under review and provides guidance about submitting comments.
No changes were made in response to this comment.
The amendments are adopted under the Texas Education Code, §61.027,
which provides the Coordinating Board with general rule-making authority and
the Texas Education Code, §61.051, which provides the Coordinating Board
with authority to coordinate institutions of public higher education in promoting
quality education.
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 February 5, 2002.
TRD-200200741
Jan Greenberg
General Counsel
Texas Higher Education Coordinating Board
Effective date: February 25, 2002
Proposal publication date: November 23, 2001
For further information, please call: (512) 427-6162
Subchapter K. TECHNOLOGY WORKFORCE DEVELOPMENT GRANT PROGRAM
19 TAC §§13.190 - 13.197
The Texas Higher Education Coordinating Board adopts new §§13.190
- 13.197 concerning the Technology Workforce Development Grant Program. Sections
13.193 and 13.194 are adopted with changes to the proposed text as published
in the November 23, 2001, issue of the
Texas Register
(26 TexReg 9497). Sections 13.190 - 13.192 and 13.195 - 13.197 are
being adopted without changes and will not be republished. Specifically, the
new rules will establish guidelines for the creation and management of the
grant program.
Comments were received regarding the proposed new rules as follows:
Comment: Ms. Gray Mayes, on behalf of the Texas Engineering and Technology
Consortium, commented that awards should be made as soon as possible.
Response: The staff agreed with this comment and Section 13.194 was changed
to authorize the Commissioner to make award for Fiscal Year 2002.
The new rules are adopted under the Texas Education Code, §61.051,
which provides the Coordinating Board with the authority to coordinate institutions
of higher education.
§13.193.Proposal Solicitation.
(a)
At least once each biennium, and no more often than once
each fiscal year, the Board shall authorize distribution of a request for
proposals.
(b)
The request for proposals shall be distributed to all members
of the consortium at least 30 working days prior to the due date for proposals.
(c)
The request for proposals shall contain all information
necessary to prepare a grant proposal for the program including the financial
and other resources available for distribution and the evaluation criteria
that will be used.
(d)
The request for proposals shall include grant conditions
that will describe eligible uses of grant funds, reporting requirements, and
relevant administrative restrictions associated with the grants.
(e)
Each eligible institution shall be permitted to submit
one sole proposal and one joint proposal for each academic program for which
proposals are being requested.
§13.194.Proposal Evaluation.
(a)
The Commissioner shall organize a competitive, peer-review
system for evaluating proposals.
(b)
In evaluating proposals, reviewers shall consider the quality
of the academic program, placement record for recent graduates, the feasibility
of the institution's plans for increasing enrollments and graduates, and the
cost-effectiveness of those plans.
(c)
The advisory committee shall review the recommendations
of the reviewers and the staff and make recommendations to the Board.
(d)
Reviews will not be disclosed to persons outside the Board
at any time, except that each individual investigator (grant applicant) will
receive a copy of the reviews of his or her proposal with the names, affiliations,
and any other identifying characteristics of the reviewers redacted; and
(e)
The names and affiliations of reviewers will be released
as a group, without an identifying link to any grant application, until after
the review process is complete.
(f)
For Fiscal Year 2002, the Commissioner shall make the grant
awards. Thereafter, the Board shall make grant awards. Decisions of the Commissioner/Board
are final.
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 February 7, 2002.
TRD-200200801
Jan Greenberg
General Counsel
Texas Higher Education Coordinating Board
Effective date: February 27, 2002
Proposal publication date: November 23, 2001
For further information, please call: (512) 427-6162
Subchapter BB. PILOT PROGRAM FOR ENROLLING STUDENTS FROM MEXICO
Subchapter D. STANDARDS OF CONDUCT
Chapter 5.
PROGRAM DEVELOPMENT
Subchapter D. CRITERIA FOR APPROVAL OF NEW DOCTORAL DEGREE PROGRAMS
Chapter 13.
FINANCIAL PLANNING
Chapter 21.
STUDENT SERVICES