Part 1.
TEXAS HIGHER EDUCATION COORDINATING BOARD
Chapter 4.
RULES APPLYING TO ALL PUBLIC INSTITUTIONS OF HIGHER EDUCATION IN TEXAS
Subchapter A. GENERAL PROVISIONS
19 TAC §4.3
The Texas Higher Education Coordinating Board proposes an
amendment to §4.3 of Board rules, concerning the definition for a new
type of degree program. Specifically, this amendment will add the Associate
of Arts in Teaching to the list of approved degree titles. The amendment also
specifies that only a Board-approved degree program should receive this degree
title.
Dr. Glenda Barron, Assistant Commissioner for Community and Technical Colleges,
has determined that for each year of the first five years the section is in
effect, there will not be any fiscal implications to state or local government
as a result of enforcing or administering the rule.
Dr. Barron has also determined that for each year of the first five years
the section is in effect, the public benefit anticipated as a result of administering
the section will be easier identification of degree programs that are designed
to transfer into baccalaureate programs that lead to initial Texas teacher
certification. There is no effect on small businesses. There are no anticipated
economic costs to persons who are required to comply with the section as proposed.
There is no impact on local employment.
Comments on the proposal may be submitted to Dr. Julie Leidig, P.O. Box
12788, Austin, Texas 78711, Julie.Leidig@thecb.state.tx.us. Comments will
be accepted for 30 days following publication of the proposal in the
The amendment is proposed under the Texas Education Code, §§61.003,
61.051(e) - (f), 61.0513, 61.053, 61.054, 61.055, 61.061, 61.062(c) - (d),
61.075, 130.001(b)(3) - (4), 130.003(e)(1)(2)(3) and (7) and 135.04), which
provide the Coordinating Board with the authority to review degree and certificate
programs offered by the public institutions of higher education to assure
that they meet the present and future needs of the state.
The amendment affects §§61.003, 61.051(e) - (f), 61.0513, 61.053,
61.054, 61.055, 61.061, 61.062(c) - (d), 61.075, 130.001(b)(3) - (4), 130.003(e)(1)(2)(3)
and (7) and 135.04) of the Texas Education Code.
§4.3.Definitions.
The following words and terms, when used in this subchapter, shall
have the following meanings, unless the context clearly indicates otherwise:
(1) - (2)
(No change.)
(3)
Associate of Arts in Teaching
degree--Board-approved collegiate degree programs consisting of lower-division
courses intended for transfer to baccalaureate programs that lead to initial
Texas teacher certification.
(4)
[
(5)
[
(6)
[
(7)
[
(8)
[
(9)
[
(10)
[
(11)
[
(12)
[
(13)
[
(14)
[
(15)
[
(16)
[
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 29, 2004.
TRD-200402873
Jan Greenberg
General Counsel
Texas Higher Education Coordinating Board
Proposed date of adoption: July 15, 2004
For further information, please call: (512) 427-6114
Subchapter D. OPERATION OF OFF-CAMPUS EDUCATIONAL UNITS OF PUBLIC SENIOR COLLEGES, UNIVERSITIES AND HEALTH-RELATED INSTITUTIONS
19 TAC §5.73, §5.78,
The Texas Higher Education Coordinating Board proposes amendments
to §5.73 and §5.78, concerning student enrollments to be counted
toward the enrollment thresholds of the Higher Education Supply/Demand Pathway
model. Specifically, the amendments specify which upper-division and graduate
semester credit hours (SCH) generated at or by Pathway Education Centers are
eligible for inclusion toward the thresholds for the Supply/Demand Pathway.
The thresholds are stated in terms of full-time student equivalents (FTSE).
The proposed rule will ensure that the standards used for determine eligible
SCHs are known and are uniformly applied.
Dr. Marshall A. Hill, Assistant Commissioner for Universities and Health-Related
Institutions, has determined that for each year of the first five years the
sections are in effect, there will not be any fiscal implications to state
or local government as a result of enforcing or administering the rules.
Dr. Hill has also determined that for each year of the first five years
the sections are in effect, the public benefit anticipated as a result of
administering these sections will be the improved organization and clarity
of rules affecting public institutions of higher education. There is no effect
on small businesses. There is no anticipated economic costs to persons who
are required to comply with the sections as proposed. There is no impact on
local employment.
Comments on the proposed rules may be submitted to Marshall A. Hill, Ph.D.,
Texas Higher Education Coordinating Board, P.O. Box 12788, Austin, Texas 78711-2788,
or by e-mail to Marshall.Hill@thecb.state.tx.us. Comments will be accepted
for 30 days following publication of the proposed rules in the
Texas Register
.
The amendments are proposed under the Texas Education Code, §61.027,
which provides the Coordinating Board with general rule-making authority; §61.002,
which establishes the Coordinating Board as an agency charged to provide leadership
and coordination for the Texas higher education system; §61.051, which
provides the Coordinating Board with authority to coordinate institutions
of public higher education in promoting quality education; and §61.0651,
which charges the Board to adopt and recommend management policies applicable
to institutions of higher education in relation to management of human resources
and physical plants.
The amendments affect Texas Education Code, §61.002; TEC, §61.051;
and TEC, §61.0651.
§5.73.Definitions.
The following words and terms, when used in this subchapter, shall
have the following meanings, unless the context clearly indicates otherwise:
(1) - (10)
(No change.)
(11)
Pathway Education Center
(PEC)
--A higher education
center that is on the Supply/Demand Pathway.
(12) - (14)
(No change.)
(15)
Supply/Demand Pathway
(SDP)
--The Supply/Demand
Pathway is a developmental approach to providing access which allows for the
gradual increase of resources as demand grows, operating under the principle
of avoiding over-commitment as well as under-commitment of state resources.
(16)
(No change.)
(17)
University System Center
(USC)
--A higher education
center administered by a university system or individual institution in a
system. It has minimal administration and locally provided facilities.
§5.78.Supply/Demand Pathway.
(a) - (b)
(No change.)
(c)
The supply/demand pathway consists of three categories:
(1)
(No change.)
(2)
Category B. As demand increases, offerings may be organized
through a multi-institution teaching center or as a university system center
as a Pathway Education Center. A group of institutions may request that the
Board authorize the establishment of a MITC. Alternatively, a university system
may request that the Board authorize the establishment of a university system
center. In either case, a lead institution
shall
[
(3)
(No change.)
(d)
Counting. The following general criteria and standards
will be used to determine enrollments applicable to the Supply/Demand Pathway
thresholds.
[
(1)
Upper-division and graduate
semester credit hours generated in academic courses delivered by the parent
universities or by other institutions to on-site students at a Pathway Education
Center (PEC) shall be counted towards the relevant Supply/Demand Pathway (SDP)
threshold.
(2)
Upper-division and graduate
semester credit hours generated in academic courses delivered electronically
to students on-site at a Pathway Education Center shall be counted towards
the SDP threshold. For interactive video courses that originate at a PEC,
only students taking the course at the PEC shall be counted.
(3)
Upper-division and graduate
semester credit hours generated in academic Internet-based courses and other
courses offered in non-traditional formats that do not require the physical
presence of the student at a PEC for a normal number of contact hours shall
not be counted.
(4)
Lower-division semester credit
hours generated in academic courses offered at PECs shall not be counted towards
the thresholds.
(5)
Enrollments in extension courses,
continuing education and non-formula funded courses shall not be counted towards
the thresholds.
(6)
Semester credit hours generated in courses
that do not receive formula funding (e.g., military science, theology and
religious vocations, some basic skills, personal awareness) shall not be counted
toward the thresholds.
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 29, 2004.
TRD-200402874
Jan Greenberg
General Counsel
Texas Higher Education Coordinating Board
Proposed date of adoption: July 15, 2004
For further information, please call: (512) 427-6114
Subchapter C. TOBACCO LAWSUIT SETTLEMENT FUNDS
19 TAC §6.73
The Texas Higher Education Coordinating Board proposes amendments
to §6.73 of Board rules, concerning the Nursing, Allied Health and Other
Health-related Education Grant Program. Specifically, these amendments allow
oral presentations on applications to be considered in making funding decisions
and specify minimum and maximum awards for any fiscal year within the three-year
grant period.
Dr. Marshall A. Hill, Assistant Commissioner for Universities and Health-Related
Institutions, has determined that for each year of the first five years this
section is in effect, there will not be any fiscal implications to state or
local government as a result of enforcing or administering the rule.
Dr. Hill has also determined that for each year of the first five years
this section is in effect, the public benefit anticipated as a result of administering
this section will be the improved organization and clarity of rules affecting
public institutions of higher education. There is no effect on small businesses.
There is no anticipated economic costs to persons who are required to comply
with the amendments as proposed. There is no impact on local employment.
Comments on the proposed rule may be submitted to Marshall A. Hill, Ph.D.,
Texas Higher Education Coordinating Board, P.O. Box 12788, Austin, Texas 78711-2788,
or by e-mail to Marshall.Hill@thecb.state.tx.us. Comments will be accepted
for 30 days following publication of the proposed rules in the
Texas Register
.
The amendments are proposed under the Texas Education Code, §61.027,
which provides the Board with general rule-making authority; and Texas Education
Code, §63.202(c), which provides the Board with the authority to adopt
rules for the Tobacco Settlement Funds Program.
The amendments affect Texas Education Code, §63.202(c).
§6.73. Nursing, Allied Health and Other Health-Related Education Grant Program.
(a) - (b)
(No change.)
(c)
Application and Review Process.
(1) - (3)
(No change.)
(4)
Board staff shall rank each application based on points
assigned by peer reviewers, and
then may request that individuals representing
the most highly-ranked applications make oral presentations on their applications
to the peer reviewers and Board staff. The Board staff may consider reviewer
comments from the oral presentations in recommending
[
(d) - (g)
(No change.)
(h)
This subsection pertains to the 2004-05 and 2006-07 biennia
only (rules are effective only from September 1, 2003 to August 31, 2007).
(1) - (2)
(No change.)
(3)
In subsections (a)(5), (a)(8), (a)(9),
(a)(10)
and
(b)(4), of this section, the following pertain to subsection (h)(1)(A) of
this section:
(A)
(No change.)
(B)
Minimum award - Minimum award is $10,000 per award in any
fiscal year for a two-year
or three-year
grant.
(C)
Maximum award - Maximum award is $150,000 per award in
any fiscal year for a two-year grant
and $750,000 per award in any fiscal
year for a three year grant
.
(D)
Maximum award length - A program
is eligible to receive funding for up to three years, contingent upon evaluation
of the progress and effectiveness of the program after one year of funding.
(E)
[
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 29, 2004.
TRD-200402875
Jan Greenberg
General Counsel
Texas Higher Education Coordinating Board
Proposed date of adoption: July 15, 2004
For further information, please call: (512) 427-6114
Subchapter A. GENERAL PROVISIONS
19 TAC §14.1
The Texas Higher Education Coordinating Board proposes an
amendment to §14.1, concerning the administration of the research funding
programs including Advanced Research Program, Advanced Technology Program,
and Technology Development and Transfer Program. Specifically, §14.1(10)
is amended to include a collaborating investigator in the definition of "investigator."
Dr. Linda Domelsmith, Director of Research has determined that for each
year of the first five years the section is in effect, there will not be any
fiscal implications to state or local government as a result of enforcing
or administering the rule.
Dr. Domelsmith has also determined that for each year of the first five
years the section is in effect, the public benefit anticipated as a result
of administering the section will be the development and growth of technology
and related industries in Texas. There is no effect on small businesses. There
is no anticipated economic costs to persons who are required to comply with
the section as proposed. There is no impact on local employment.
Comments on the proposal may be submitted to Dr. Linda Domelsmith, P. O.
Box 12788, Austin, Texas 78711, e-mail Linda.domelsmith@thecb.state.tx.us.
Comments will be accepted for 30 days following publication of the proposal
in the
Texas Register
.
The amendment is proposed under Texas Education Code, §142.003
and §143.004 which provides the Coordinating Board with the authority
to administer Advanced Research Program and Advanced Technology Program.
The amendment affects Texas Education Code, Chapters 142 and 143.
§14.1.Definitions.
The following words and terms, when used in this chapter, shall have
the following meanings, unless the context clearly indicates otherwise:
(1) - (9)
(No change.)
(10)
Investigator--an applicant whose name appears as a principal
investigator, [
(11)
(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 29, 2004.
TRD-200402870
Jan Greenberg
General Counsel
Texas Higher Education Coordinating Board
Proposed date of adoption: July 15, 2004
For further information, please call: (512) 427-6114
19 TAC §14.74, §14.78
The Texas Higher Education Coordinating Board proposes amendments
to §14.74 and §14.78, concerning the administration of the research
funding programs including Advanced Research Program, Advanced Technology
Program, and Technology Development and Transfer Program. Specifically, §14.74(c)
is amended for clarity. Section 14.78(c) and 14.78(d) are amended to add the
complete name of the external evaluation committee and to permit a member
of that committee, other than the chair, to present the committee’s
findings to the board. Specifically, this new chapter will provide the Coordinating
Board the regulating guidelines that are fundamental for the successful administration
of such research funding programs.
Dr. Linda Domelsmith, Director of Research has determined that for each
year of the first five years the sections are in effect, there will not be
any fiscal implications to state or local government as a result of enforcing
or administering the rules.
Dr. Domelsmith has also determined that for each year of the first five
years the sections are in effect, the public benefit anticipated as a result
of administering the sections will be the development and growth of technology
and related industries in Texas. There is no effect on small businesses. There
is no anticipated economic costs to persons who are required to comply with
the sections as proposed. There is no impact on local employment.
Comments on the proposal may be submitted to Linda Domelsmith, P. O. Box
12788, Austin, Texas 78711, e-mail Linda.domelsmith@thecb.state.tx.us. Comments
will be accepted for 30 days following publication of the proposal in the
The amendments are proposed under Texas Education Code, §142.003
and §143.004 which provides the Coordinating Board with the authority
to administer Advanced Research Program and Advanced Technology Program.
The amendments affect Texas Education Code, Chapters 142 and 143.
§14.74.Confidentiality.
(a) - (b)
(No change.)
(c)
Pre-proposals and proposals submitted by investigators
or their institutions shall not be available to persons or entities other
than the submitting investigators or their institutions at any time, except
that the copies of the project summaries of awarded research
projects
[
(d) - (e)
(No change.)
§14.78.Merit Review.
(a) - (b)
(No change.)
(c)
The
external evaluation
committee will meet
in Austin to discuss the research funding programs with representatives of
the State government, institutional research offices, investigators, industry,
the Advisory Committee, and the Coordinating Board research staff.
(d)
A member
[
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 29, 2004.
TRD-200402871
Jan Greenberg
General Counsel
Texas Higher Education Coordinating Board
Proposed date of adoption: July 15, 2004
For further information, please call: (512) 427-6114
Subchapter A. GENERAL PROVISIONS
19 TAC §§17.1 - 17.7
(Editor's note: The text of the following sections proposed for
repeal will not be published. The sections may be examined in the offices
of the Texas Higher Education Coordinating Board or in the Texas Register
office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
The Texas Higher Education Coordinating Board proposes
the repeal of §§17.1 - 17.7 concerning the general rule provisions
for Campus Planning. Specifically, the rules proposed for repeal cover a wide
variety of topics. To provide better organization and to increase clarity,
these rules are being reorganized into several new chapters being proposed
contemporaneously in this issue of the
Texas Register
.
Dr. Deborah L. Greene, Assistant Commissioner for Finance, Campus Planning,
and Research has determined that for each year of the first five years the
sections are in effect, there will not be any fiscal implications to state
or local government as a result of enforcing or administering the rules.
Dr. Greene has also determined that for each year of the first five years
the sections are in effect, the public benefit anticipated as a result of
administering the section will be more efficient Board meetings and Board
operations related to Campus Planning activities. There is no effect on small
businesses. There are no anticipated economic costs to persons who are required
to comply with the sections as proposed. There is no impact on local employment.
Comments on the proposal may be submitted to Nancy Ellen Soteriou, Director,
Campus Planning, P.O. Box 12788, Austin, Texas 78711 email: Nancy.Soteriou@thecb.state.tx.us.
Comments will be accepted for 30 days following publication of the proposal
in the
Texas Register
.
The repeal is proposed under the Texas Education Code, §61.027,
which provides the Coordinating Board with the authority to adopt rules.
The repeal affects the Texas Education Code, §§61.058, 61.0572,
61.0582, and 61.0583.
§17.1.Authority, Scope, and Purpose.
§17.2.Definitions.
§17.3.Governing Board Approval Required.
§17.4.Delegation of Authority.
§17.5.Application Procedures.
§17.6.Coordinating Board Standards.
§17.7.Intercollegiate Athletic Funded Projects.
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 May 3, 2004.
TRD-200402981
Jan Greenberg
General Counsel
Texas Higher Education Coordinating Board
Proposed date of adoption: July 15, 2004
For further information, please call: (512) 427-6114
19 TAC §17.10, §17.11
(Editor's note: The text of the following sections proposed for
repeal will not be published. The sections may be examined in the offices
of the Texas Higher Education Coordinating Board or in the Texas Register
office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
The Texas Higher Education Coordinating Board proposes
the repeal of §§17.10 - 17.11 of Board rules concerning new construction
and repair and rehabilitation projects. Specifically, the rules proposed for
repeal cover a variety of topics related to new construction and repair and
rehabilitation projects. To provide better organization and to increase clarity,
these rules are being reorganized into several new chapters being proposed
contemporaneously in this issue of the
Texas Register
.
Dr. Deborah L. Greene, Assistant Commissioner for Finance, Campus Planning,
and Research has determined that for each year of the first five years the
sections are in effect, there will not be any fiscal implications to state
or local government as a result of enforcing or administering the rules.
Dr. Greene has also determined that for each year of the first five years
the sections are in effect, the public benefit anticipated as a result of
administering the section will be more efficient Board meetings and Board
operations related to Campus Planning activities. There is no effect on small
businesses. There are no anticipated economic costs to persons who are required
to comply with the sections as proposed. There is no impact on local employment.
Comments on the proposal may be submitted to Nancy Ellen Soteriou, Director,
Campus Planning, P.O. Box 12788, Austin, Texas 78711 email: Nancy.Soteriou@thecb.state.tx.us.
Comments will be accepted for 30 days following publication of the proposal
in the
Texas Register
.
The repeal is proposed under the Texas Education Code, §61.027,
which provides the Coordinating Board with the authority to adopt rules.
The repeal affects the Texas Education Code, §§61.058, 61.0572,
61.0582, and 61.0583.
§17.10.Evaluation Considerations.
§17.11.Time Limit on Approval.
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 May 3, 2004.
TRD-200402982
Jan Greenberg
General Counsel
Texas Higher Education Coordinating Board
Proposed date of adoption: July 15, 2004
For further information, please call: (512) 427-6114
19 TAC §§17.20 - 17.24
(Editor's note: The text of the following sections proposed for
repeal will not be published. The sections may be examined in the offices
of the Texas Higher Education Coordinating Board or in the Texas Register
office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
The Texas Higher Education Coordinating Board proposes
the repeal of §§17.20 - 17.24 of Board rules concerning real property
acquisition projects. Specifically, the rules proposed for repeal cover a
variety of topics related to real property acquisition projects. To provide
better organization and to increase clarity, these rules are being reorganized
into several new chapters being proposed contemporaneously in this issue of
the
Texas Register
.
Dr. Deborah L. Greene, Assistant Commissioner for Finance, Campus Planning,
and Research has determined that for each year of the first five years the
sections are in effect, there will not be any fiscal implications to state
or local government as a result of enforcing or administering the rules.
Dr. Greene has also determined that for each year of the first five years
the sections are in effect, the public benefit anticipated as a result of
administering the section will be more efficient Board meetings and Board
operations related to Campus Planning activities. There is no effect on small
businesses. There are no anticipated economic costs to persons who are required
to comply with the sections as proposed. There is no impact on local employment.
Comments on the proposal may be submitted to Nancy Ellen Soteriou, Director,
Campus Planning, P.O. Box 12788, Austin, Texas 78711 email: Nancy.Soteriou@thecb.state.tx.us.
Comments will be accepted for 30 days following publication of the proposal
in the
Texas Register
.
The repeal is proposed under the Texas Education Code, §61.027,
which provides the Coordinating Board with the authority to adopt rules.
The repeal affects the Texas Education Code, §§61.058, 61.0572,
61.0582, and 61.0583.
§17.20.Additional Application Materials Required.
§17.21.Emergency Requests.
§17.22.Time Limit on Approval.
§17.23.Property Acquisitions not Approved.
§17.24.Eminent Domain.
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 May 3, 2004.
TRD-200402983
Jan Greenberg
General Counsel
Texas Higher Education Coordinating Board
Proposed date of adoption: July 15, 2004
For further information, please call: (512) 427-6114
19 TAC §17.30, §17.31
(Editor's note: The text of the following sections proposed for
repeal will not be published. The sections may be examined in the offices
of the Texas Higher Education Coordinating Board or in the Texas Register
office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
The Texas Higher Education Coordinating Board proposes
the repeal of §§17.30 - 17.31 of Board rules concerning leased space.
Specifically, the rules proposed for repeal cover a variety of topics related
to leased space. To provide better organization and to increase clarity, these
rules are being reorganized into several new chapters being proposed contemporaneously
in this issue of the
Texas Register
.
Dr. Deborah L. Greene, Assistant Commissioner for Finance, Campus Planning,
and Research has determined that for each year of the first five years the
sections are in effect, there will not be any fiscal implications to state
or local government as a result of enforcing or administering the rules.
Dr. Greene has also determined that for each year of the first five years
the sections are in effect, the public benefit anticipated as a result of
administering the section will be more efficient Board meetings and Board
operations related to Campus Planning activities. There is no effect on small
businesses. There are no anticipated economic costs to persons who are required
to comply with the sections as proposed. There is no impact on local employment.
Comments on the proposal may be submitted to Nancy Ellen Soteriou, Director,
Campus Planning, P.O. Box 12788, Austin, Texas 78711 email: Nancy.Soteriou@thecb.state.tx.us.
Comments will be accepted for 30 days following publication of the proposal
in the
Texas Register
.
The repeal is proposed under the Texas Education Code, §61.027,
which provides the Coordinating Board with the authority to adopt rules.
The repeal affects the Texas Education Code, §§61.058, 61.0572,
61.0582, and 61.0583.
§17.30.Limitations.
§17.31.Evaluation Considerations.
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 May 3, 2004.
TRD-200402984
Jan Greenberg
General Counsel
Texas Higher Education Coordinating Board
Proposed date of adoption: July 15, 2004
For further information, please call: (512) 427-6114
19 TAC §§17.40 - 17.42
(Editor's note: The text of the following sections proposed for
repeal will not be published. The sections may be examined in the offices
of the Texas Higher Education Coordinating Board or in the Texas Register
office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
The Texas Higher Education Coordinating Board proposes
the repeal of §§17.40 - 17.42 of Board rules concerning institutional
reporting, space utilization, and space projection models. Specifically, the
rules proposed for repeal cover a variety of topics related to institutional
reporting, space utilization, and space projection models. To provide better
organization and to increase clarity, these rules are being reorganized into
several new chapters being proposed contemporaneously in this issue of the
Dr. Deborah L. Greene, Assistant Commissioner for Finance, Campus Planning,
and Research has determined that for each year of the first five years the
sections are in effect, there will not be any fiscal implications to state
or local government as a result of enforcing or administering the rules.
Dr. Greene has also determined that for each year of the first five years
the sections are in effect, the public benefit anticipated as a result of
administering the section will be more efficient Board meetings and Board
operations related to Campus Planning activities. There is no effect on small
businesses. There are no anticipated economic costs to persons who are required
to comply with the sections as proposed. There is no impact on local employment.
Comments on the proposal may be submitted to Nancy Ellen Soteriou, Director,
Campus Planning, P.O. Box 12788, Austin, Texas 78711 email: Nancy.Soteriou@thecb.state.tx.us.
Comments will be accepted for 30 days following publication of the proposal
in the
Texas Register
.
The repeal is proposed under the Texas Education Code, §61.027,
which provides the Coordinating Board with the authority to adopt rules.
The repeal affects the Texas Education Code, §§61.058, 61.0572,
61.0582, and 61.0583.
§17.40.Required Reports.
§17.41.Space Utilization.
§17.42.Space Projection Models.
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 May 3, 2004.
TRD-200402985
Jan Greenberg
General Counsel
Texas Higher Education Coordinating Board
Proposed date of adoption: July 15, 2004
For further information, please call: (512) 427-6114
19 TAC §§17.1 - 17.3
The Texas Higher Education Coordinating Board proposes new §§17.1
through 17.3 concerning the general rule provisions for Campus Planning. Specifically,
these new sections replace existing sections which are contemporaneously proposed
for repeal in this issue of the
Texas Register
.
The new sections assemble in one chapter, renumber, and clarify current Board
rules regarding the general provisions of Board 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. Significant additions and changes are indicated as follows: §17.1
(Purpose and Scope) defines the purpose for these rules. There is no change
recommended from the current rules. It also defines the application of these
rules to all public general academic institutions, Texas State Technical Colleges,
Lamar State Colleges, and health-related institutions as defined in §61.058,
Texas Education Code, except community colleges. Section 17.2 (Authority)
states the authority for this title and that these rules establish and enforce
standards to assure the efficient use of construction funds, and provide for
the orderly development of physical plants to accommodate projected college
student enrollments. Section 17.3 (Definitions) adds new definitions, and
the language has been edited for consistency.
Dr. Deborah L. Greene, Assistant Commissioner for Finance, Campus Planning,
and Research has determined that for each year of the first five years the
sections are in effect, there will not be any fiscal implications to state
or local government as a result of enforcing or administering the rules.
Dr. Greene has also determined that for each year of the first five years
the sections are in effect, the public benefit anticipated as a result of
administering the section will be more efficient Board meetings and Board
operations related to Campus Planning activities. There is no effect on small
businesses. There are no anticipated economic costs to persons who are required
to comply with the sections as proposed. There is no impact on local employment.
Comments on the proposal may be submitted to Nancy Ellen Soteriou, Director,
Campus Planning, P.O. Box 12788, Austin, Texas 78711 email: Nancy.Soteriou@thecb.state.tx.us.
Comments will be accepted for 30 days following publication of the proposal
in the
Texas Register
.
The new sections are proposed under Texas Education Code, §61.027,
which provides the Board with the authority to adopt rules, and Texas Education
Code, §§61.058, 61.0572, 61.0582, and 61.0583.
The new sections affect the Texas Education Code, §§61.058, 61.0572,
61.0582, and 61.0583.
§17.1.Purpose and Scope.
The purpose of this chapter is to provide guidance to the public and
to public institutions of higher education regarding approval or disapproval
of construction projects, property acquisitions, or lease-purchase arrangements;
assuring maximum use of facilities; developing standards and policies for
management of physical plants designed to streamline operations and improve
accountability; and to achieve the goals of the higher education plan approved
by the Board.
§17.2.Authority.
Texas Education Code, §61.0572, requires the Board to assure the
efficient use of construction funds and the orderly development of physical
plants to accommodate projected college student enrollments. Texas Education
Code, §61.058, authorizes the Board to approve or disapprove all new
construction and repair and rehabilitation of buildings and facilities at
institutions. Texas Education Code, §61.0582, requires that each institution
submit a campus master plan to the Board, and Texas Education Code, §61.0583,
requires the Board to conduct a comprehensive audit of all educational and
general facilities. Texas Education Code, §51.927, authorizes the Board
to establish guidelines and an approval process for awarding energy savings
performance contracts.
§17.3.Definitions.
The following words and terms shall have the following meanings, unless
the context clearly indicates otherwise.
(1)
Acquisition--To come into possession or control of real
property or facilities. This includes the acceptance, purchase, lease-purchase,
sale, transfer, or exchange of land or facilities.
(2)
Academic Facilities--Facilities used for primary instruction,
research, and public service functions of the institution. Typical academic
facilities include classrooms, libraries, administrative and faculty offices,
and student and research laboratories.
(3)
Addition--Expansion or extension of an existing facility
that increases its size or capacity.
(4)
Assignable Area of a Building--The sum of all areas within
the interior walls of rooms on all floors of a building assigned to, or available
for assignment to, an occupant or use, excluding unassigned space. This is
also referred to as net assignable square feet (NASF).
(5)
Athletic Facilities--Facilities used for athletic programs,
including intercollegiate athletics, intramural athletics, and athletically-oriented
academic programs.
(6)
Auxiliary Enterprise Buildings or Space-Income-generating
structures and space such as dormitories, cafeterias, student union buildings,
stadiums, athletic facilities, housing or boarding facilities used by a fraternity,
sorority, or private club, and alumni centers used solely for those purposes.
Auxiliary space is not supported by State appropriations.
(7)
Board or Coordinating Board--The Texas Higher Education
Coordinating Board members and the agency.
(8)
Building--A structure with at least two walls for permanent
or temporary shelter of persons, animals (excluding animal caging equipment),
plants, materials, or equipment that is attached to a foundation, roofed,
serviced by a utility (exclusive of lighting), is a source of maintenance
and repair activities, and is under the control or jurisdiction of the institution’s
governing board, regardless of its location.
(9)
Campus Deferred Maintenance Plan (MP2)--A detailed report
of institutional programs to address deferred maintenance and critical deferred
maintenance.
(10)
Campus Master Plan--A detailed audit of institutional
physical plant needs, including facilities construction and/or development,
and campus facilities infrastructure; the plan provides long-range and strategic
analyses and facilities development guidelines.
(11)
Certification--Institutional attestation of reports or
other submissions as being true or as represented.
(12)
Classroom--A room used for scheduled classes. These rooms
may be called lecture rooms, lecture-demonstration rooms, seminar rooms, or
general purpose classrooms. A classroom may contain multimedia or telecommunications
equipment, such as those used for distance learning. A classroom may be furnished
with special equipment (e.g., globes, maps, pianos) appropriate to a specific
area of study. A classroom does not include conference rooms, meeting rooms,
auditoriums, or class laboratories.
(13)
Class Laboratory--A room used primarily by regularly scheduled
classes that require special-purpose equipment for student participation,
experimentation, observation, or practice in a field of study. Class laboratories
may be referred to as teaching laboratories, instructional shops, computer
laboratories, drafting rooms, band rooms, choral rooms, group studios. Laboratories
that serve as individual or independent study rooms are not included.
(14)
Clinical Facility--A facility often associated with a
hospital or medical school that is devoted to the diagnosis and care of patients
in the instruction of health professions and allied health professions; medical
instruction may be conducted, and patients may be examined and discussed.
Clinical facilities include, but are not limited to, patient examination rooms,
testing rooms, and consultation rooms.
(15)
Committee on Campus Planning--The members of the Board
appointed to consider facility-related issues.
(16)
Commissioner--The chief executive officer of the Texas
Higher Education Coordinating Board.
(17)
Critical Deferred Maintenance--The physical conditions
of a building or facility that places its occupants at risk of harm or the
facility at risk of not fulfilling its functions.
(18)
Deferred Maintenance--An existing or imminent building
maintenance-related deficiency from prior years or the current year that needs
to be corrected, or scheduled preventive maintenance tasks that were not performed
because other tasks funded within the budget were perceived to have higher
priority status. The accumulation of facility components in need of repair
brought about by age, use, or damage for which remedies are postponed or considered
backlogged. This may include those repairs postponed due to insufficient funding.
(19)
Diagnostic Support Laboratory-the central diagnostic service
area for a health care facility. Included are pathology laboratories, pharmacy
laboratories, autopsy rooms, isotope rooms, etc., providing such services
as hematology, tissue chemistry, bacteriology, serology, blood banks, and
basal metabolism. In veterinary facilities, this includes necropsy rooms.
(20)
Education and General (E&G)--Space used for teaching,
research, or the preservation of knowledge, including the proportional share
used for those activities in any building or facility used jointly with auxiliary
enterprise, or space that is permanently unassigned. E&G space is supported
by state appropriations.
(21)
Emergency--An unforeseen combination of circumstances
that calls for immediate action and requires an urgent need for assistance
or relief that, if not taken, would result in an unacceptable cost to the
state; or, an urgent need for assistance or relief due to a nature disaster;
or, an unavoidable circumstance whereby the delay of the project approval
would critically impair the institution’s function.
(22)
Eminent Domain--A legal process wherein the institution
takes private property for public use.
(23)
Energy Systems--Infrastructure in a building that includes
facility electric, gas, heating, ventilation, air conditioning, and water
systems.
(24)
Energy Savings Performance Contract--A contract for energy
or water conservation measures to reduce energy or water consumption or operating
costs of institutional facilities. The estimated savings in utility costs
resulting from the conservation measures is guaranteed to offset the cost
of the measures over a specified period.
(25)
Facilities Audit--Comprehensive review of institutional
facility development, planning activities, and reports.
(26)
Facilities Inventory--A collection of building and room
records that reflects institutional space and how it is being used. The records
contain codes that are uniformly defined by the Board and the United States
Department of Education and reported by the institutions on an ongoing basis
to reflect a current facilities inventory. The facilities inventory includes
a record of property owned by or under the control of the institution.
(27)
Facilities Development Plan (MP1)--A detailed formulation
of institutional programs to address deferred maintenance, critical deferred
maintenance, facilities construction, or physical plant development.
(28)
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.
(29)
Financing Indirectly Derived from Students--Funds generated
from funds accumulated from students, primarily interest on funds accumulated
directly from students.
(30)
Gift-A donation or bequest of money or another tangible
item, a pledge of a contribution, or the acquisition of real property or facilities
at no cost to the state or to the institution. It may also represent a method
of finance for a project.
(31)
Gross Square Feet (GSF)--The sum of all square feet of
floor areas within the outside faces of a building's exterior walls. This
includes the areas, finished and unfinished, on all floors of an enclosed
structure, i.e., within the environmentally controlled envelope, for all stories
or areas which have floor surfaces.
(32)
Housing Facility--A single- or multi-family residence
used exclusively for housing or boarding students, faculty, or staff members.
(33)
Information Resource Project--Projects related to the
purchase or lease-purchase of computer equipment, purchase of computer software,
purchase or lease-purchase of telephones, telephone systems, and other telecommunications
and video-teleconferencing equipment.
(34)
Intercollegiate Athletic Facility--Any facility used primarily
to support intercollegiate athletics, including stadiums, arenas, multi-purpose
centers, playing fields, locker rooms, coaches’ offices, and similar
facilities.
(35)
Infrastructure--The underlying foundation or basic framework
of a building or facility, including but not limited to, plumbing, heating/ventilation/air
conditioning, electrical, sewage, drainage, architectural, safety and Code
compliance, roads, grounds, and landscaping.
(36)
Institution or institution of higher education--A Texas
public institution of higher education as defined in Texas Education Code, §61.003(8),
except a community/junior college.
(37)
Legislative Authority--Specific statutory authorization.
(38)
Lease--A contract by which real estate, equipment, or
facilities are conveyed for a specified term and for a specified rent. Includes
the transfer of the right to possession and use of goods for a term in return
for consideration. Unless the context clearly indicates otherwise, the term
includes a sublease.
(39)
Lease-Purchase--A lease project that includes the acquisition
of real property by sale, mortgage, security interest, pledge, gift, or any
other voluntary transaction at some future time.
(40)
Net Assignable Square Feet (NASF)--The sum of all areas
within the interior walls of rooms on all floors of a building assigned to,
or available for assignment to, an occupant or use, excluding unassigned areas.
NASF includes auxiliary space and E&G space.
(41)
New Construction--The creation of a new building or facility,
the addition to an existing building or facility, or new infrastructure that
does not currently exist on campus. New construction would add square footage
to an institution's existing space.
(42)
Non-student Sources--Funds generated from athletic department
operations, gifts and grants, facility usage fees, related revenue, and appropriated
funds.
(43)
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.
(44)
Phased Project--A project that has more than one part,
each one having fixed beginning and ending dates, specified cost estimates,
and scope. Phased projects consider future phase needs in the project plan;
each phase is able to stand alone as an individual project.
(45)
Private Funding--Gifts, grants, or other funds to be used
for facilities development projects that are provided by persons or entities
other than the university or institution requesting consideration of the project.
(46)
Project--A task or activity that includes the construction,
repair, renovation, addition, alteration of a building or facility or its
infrastructure, or the acquisition of real property.
(47)
Real Property--Land with or without improvements such
as buildings.
(48)
Repair and Renovation (R&R)--Construction upgrades
to an existing building, facility, or infrastructure that currently exists
on campus; this includes the finish-out of shell space. R&R may add E&G
space, but does not increase a building or facility's overall gross square
footage.
(49)
Replacement Value--The value of an institution’s
overall campus facilities, as determined annually by the Board. The method
of calculation is based upon recently approved Board project costs, with adjustments
based upon room types and the institution’s location within the state.
Replacement values for public universities, the Lamar State Colleges, and
the Texas State Technical Colleges are calculated only for E&G space.
Replacement values for public health-related institutions are calculated for
the NASF space. Replacement values are used to measure the validity of construction
projects that are submitted to the Board for approval and are not recommended
for insurance purposes.
(50)
Research Facility--A facility used primarily for experimentation,
investigation, or training in research methods, professional research and
observation, or a structured creative activity within a specific program.
Included are laboratories used for experiments or testing in support of instructional,
research, or public service activities.
(51)
Shell Space--An area within a building with an unfinished
interior designed to be converted into usable space at a later date.
(52)
Space Need--The result of the comparison of an institution’s
actual space to the predicted need as calculated by the Board’s Space
Projection Model.
(53)
Standard--Basis, criteria, or benchmark used for evaluating
the merits of a project request or an institutional comparison to a benchmark.
(54)
Tracking Report--Institutional reports indicating the
status of approved projects.
(55)
Tuition Revenue Bonds Project--A project for which an
institution has legislative authority to finance a construction or land acquisition
project as provided for in Texas Education Code, §§55.01- 55.25.
(56)
Unimproved Real Property--Real property on which there
are no buildings or facilities.
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 May 3, 2004.
TRD-200402969
Jan Greenberg
General Counsel
Texas Higher Education Coordinating Board
Proposed date of adoption: July 15, 2004
For further information, please call: (512) 427-6114
19 TAC §§17.10 - 17.14
The Texas Higher Education Coordinating Board proposes new §§17.10
- 17.14 concerning Campus Planning, Board Approval. Specifically, these new
sections replace existing sections which are contemporaneously proposed for
repeal in this issue of the
Texas Register
.
The new sections assemble in one chapter, renumber, and clarify current Board
rules regarding the provisions of Board 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.
Significant additions and changes are indicated as follows: §17.10 clarifies
that the following types of projects require Board approval: new construction
of buildings and facilities and/or additions to buildings and facilities;
repair and renovation projects for buildings and facilities; unimproved and
improved real property purchases; improved real property acquired by gift
or lease-purchase if the institution intends to include the improved real
property in its E&G buildings and facilities inventory and the value of
the improved property is more than $300,000; auxiliary enterprise projects;
intercollegiate athletic projects; and Energy Savings Performance Contract
projects. This section also clarifies the process for notification in the
event that a facilities development project not approved by the Board has
been developed by the institution. Section 17.11 clarifies that the following
types of projects are exempt from Board approval: new construction and addition
projects costing less than $1 million; repair and renovation projects costing
less than $2 million; Projects at The University of Texas at Austin, Texas
A&M University, and Prairie View A&M University financed more than
50 percent with Permanent University Fund bond proceeds or Available University
Fund funds; 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; Gifts, grants, or lease-purchase arrangements intended for
clinical or research facilities; New construction or major repair and rehabilitation
projects specifically approved by the legislature; Gifts or lease-purchase
of unimproved real property; and Gifts or lease-purchase of improved real
property that the institution does not intend to include in its E&G buildings
and facilities inventory. Board approval is required prior to inclusion of
previously accepted E&G space in the institution's facilities inventory.
Section 17.12 (Delegation of Approval Authority) provides for the delegation
of approval authority from the Board to the Commissioner and the Committee
on Campus Planning. The change in this section clarifies the approval authority
for gifts or acquisition of improved real property and provides for approval
of emergency requests. Section 17.13 (Approval Considerations) provides clarification
of factors the Board or its delegates shall consider for campus development
projects. This section requires appropriate governing board approval prior
to submission to the Board for approval and clarifies the submission of unrelated
projects in a single application. Additionally, this section identifies the
criteria the project must consider, including the Board standards, gifts or
donations, increases in student fees, consideration of privatization for auxiliary
projects, compliance with other state and federal standards, inclusion in
the institutions long-range master plan and reports to the Board, and compliance
with HUB subcontracting requirements. This section also requires verification
that the project complies with energy efficiency requirements and consideration
of Energy Savings Performance Contract as a viable alternative. Section 17.14
(Re-approval Required) clarifies that re-approval consideration is required
when changes in the project cause increases in cost or square footage or funding
sources. It also clarifies that re-approval consideration is required if contracts
or property purchases are not consummated within the specified time frames.
Dr. Deborah L. Greene, Assistant Commissioner for Finance, Campus Planning,
and Research has determined that for each year of the first five years the
sections are in effect, there will not be any fiscal implications to state
or local government as a result of enforcing or administering the rules.
Dr. Greene has also determined that for each year of the first five years
the sections are in effect, the public benefit anticipated as a result of
administering the section will be more efficient Board meetings and Board
operations related to Campus Planning activities. There is no effect on small
businesses. There are no anticipated economic costs to persons who are required
to comply with the sections as proposed. There is no impact on local employment.
Comments on the proposal may be submitted to Nancy Ellen Soteriou, Director,
Campus Planning, P.O. Box 12788, Austin, Texas 78711 email: Nancy.Soteriou@thecb.state.tx.us.
Comments will be accepted for 30 days following publication of the proposal
in the
Texas Register
.
The new sections are proposed under Texas Education Code, §61.027,
which provides the Board with the authority to adopt rules, and Texas Education
Code, §§61.058, 61.0572, 61.0582, and 61.0583.
The new sections affect the Texas Education Code, §§61.058, 61.0572,
61.0582, and 61.0583.
§17.10.Board Approval.
(a)
Unless exempted from Board approval under the provisions
of §17.11 of this title (relating to Projects Exempt from Board Approval),
the Board shall approve or disapprove the following projects or phase of a
project at institutions of higher education, regardless of funding source:
(1)
New construction of building and facilities and/or additions
to buildings and facilities;
(2)
Repair and renovation projects for buildings and facilities;
(3)
Unimproved and improved real property purchases;
(4)
Improved real property acquired by gift or lease-purchase
if the institution intends to include the improved real property in its E&G
buildings and facilities inventory and the value of the improved property
is more than $300,000;
(5)
Auxiliary enterprise projects;
(6)
Intercollegiate Athletic projects; and
(7)
Energy Savings Performance Contract projects.
(b)
If an institution does not obtain Board approval for these
projects, a notification of noncompliance shall be sent to the president of
the institution by the Commissioner, requesting that a project application
be submitted for consideration, and an explanation of the reason for not seeking
Board approval for the project shall be included. A copy of the notification
shall be provided to the Board members, chairman of the institution's governing
board, Governor, Lieutenant Governor, Speaker of the House of Representatives,
the State Auditor, and the Legislative Budget Board.
§17.11.Projects Exempt from Board Approval.
The following types of projects are exempt from Board approval:
(1)
New construction projects costing less than $1 million;
(2)
Repair and renovation 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 percent
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 repair and rehabilitation projects
to be undertaken pursuant to specific legislative authority;
(7)
Lease of property or facilities;
(8)
Gifts or lease-purchase of unimproved real property; and
(9)
Gifts or lease-purchase of improved real property that
the institution does not intend to include in its E&G buildings and facilities
inventory and the value of the improved real property is $300,000 or less.
§17.12.Delegation of Approval Authority.
(a)
Commissioner. The Board authorizes the Commissioner to
review or approve the following types of projects upon certification of authority
by the proposing institution's governing board, providing the project meets
all of the specified Board standards for that project type:
(1)
New construction with a total project cost of not more
than $5 million;
(2)
Repair and renovation of existing buildings or facilities
with a total project cost of not more than $5 million;
(3)
Gifts or acquisition of improved real property with E&G
space having a value of not more than $300,000;
(4)
Purchase of real property having a value of not more than
$300,000;
(5)
Evaluation of projects funded more than 50 percent with
tuition revenue bond proceeds that meet Board standards;
(6)
Auxiliary enterprise projects being acquired, constructed,
or renovated without the use of state general revenue funds and with a total
project cost of not more than $10 million;
(7)
Projects previously reviewed or approved by the Commissioner
but requiring first or second reconsideration under the provisions of §17.14
of this title (relating to Re-approval of Projects), providing they continue
to be eligible for Commissioner approval; and
(8)
Projects previously reviewed or approved by the Board,
Committee, or Commissioner that require reconsideration under the provisions
of §17.14 of this title (relating to Re-approval of Projects) relating
to any change in the funding source of an approved project; and
(9)
Emergency requests eligible for Commissioner approval under
the provisions of §17.22 of this title (relating to Emergency Approval
of Projects).
(b)
Committee on Campus Planning. The Board authorizes the
Committee on Campus Planning to approve the following types of projects, upon
certification of authority by the proposing institution's governing board:
(1)
New construction projects having a total project cost more
than $5 million but not more than $10 million;
(2)
Repair and renovation of existing buildings or facilities
having a total project cost of more than $5 million;
(3)
Purchase of real property having a value more than $300,000
but not more than $5 million;
(4)
Gifts or acquisition of improved real property with E&G
space having a value more than $300,000 but not more than $5 million;
(5)
Evaluation of projects funded more than 50 percent with
tuition revenue bond proceeds and not qualifying for Commissioner approval;
(6)
Auxiliary enterprise projects costing more than $10 million
but more than $20 million;
(7)
Projects previously approved but requiring re-approval
under the provisions of §17.14 of this title (relating to Re-approval
of Projects) and not eligible for re-approval by the Commissioner;
(8)
Any new construction, major repair and renovation, or property
acquisition submitted by a system that only affects the system, and not a
component institution;
(9)
Emergency requests eligible for Committee approval under
the provisions of § 17.22 of this title (relating to Emergency Approval
of Projects).
(10)
Any project referred to the Committee on Campus Planning
by the Commissioner; and
(11)
Any project requiring a third re-approval under the provisions
of §17.14 of this title (relating to Re-approval of Projects).
(c)
Board. The following types of projects shall be approved
by the Board:
(1)
New construction with a total project cost of more than
$10 million;
(2)
Purchase of real property having a value of more than $5
million;
(3)
Gifts or acquisition of improved real property with E&G
space having a value of more than $5 million;
(4)
Auxiliary enterprise projects costing more than $20 million;
and
(5)
Any project referred to the Board by the Committee on Campus
Planning or the Commissioner.
(d)
The Commissioner may refer projects to the Committee on
Campus Planning or the Board. The Committee on Campus Planning may refer projects
to the Board.
(e)
Decisions of the Committee on Campus Planning are final.
Decisions of the Commissioner may be appealed to the Board.
§17.13.Approval Considerations.
(a)
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, role, and mission.
(b)
The Board shall consider the purpose for which the new
or remodeled buildings are to be used, cost factors, and the financial implications
of the project to the state.
(c)
The Board shall consider the extent to which each of the
standards outlined in §§17.30 - 17.51 of this title (relating to
Rules Applying to New Construction and Addition Projects, Repair and Renovation
Projects, and Real Property Acquisition Projects) have been met.
(d)
The Board shall ascertain that standards and specifications
for new construction or repair and rehabilitation of all buildings and facilities
are in accordance with Texas Government code, §§469.001 - 469.105,
concerning the elimination of architectural barriers.
§17.14.Re-approval of Projects.
(a)
Previously approved construction and renovation projects
shall be resubmitted to the Board for re-approval if:
(1)
the total cost of a project exceeds cost estimates by more
than 10 percent; or
(2)
gross square footage is changed by more than 10 percent;
or
(3)
the institution has not contracted for the project within
18 months from its final Board approval date; or
(4)
any funding source of an approved project is changed.
(b)
Approvals for the purchase of real property are valid for
two years from the date of Board approval. Property acquisitions not completed
in that time shall be resubmitted.
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 May 3, 2004.
TRD-200402970
Jan Greenberg
General Counsel
Texas Higher Education Coordinating Board
Proposed date of adoption: July 15, 2004
For further information, please call: (512) 427-6114
19 TAC §§17.20 - 17.22
The Texas Higher Education Coordinating Board proposes new §§17.20
- 17.22 concerning rules applying to all projects. Specifically, these new
sections replace existing sections which are contemporaneously proposed for
repeal in this issue of the
Texas Register
.
The new sections assemble in one chapter, renumber, and clarify current Board
rules regarding the general provisions for Board and institutional reporting.
Significant additions and changes are indicated as follows: §17.20 (Criteria
for Approval of Projects) clarifies the criteria for project approval, including:
the obligation of meeting the Board's standards; consideration of financing
and source of funds for the project; consideration of alternatives and feasibility
for privatization of both construction and operation of auxiliary facilities;
consideration of the effect of property acquisitions on residential neighborhoods;
consideration of inclusion of the project in the institutional Master Plan;
and compliance with applicable state and federal regulations and rules. Section
17.21 (Application Procedures) provides instructions for submission of a project
for consideration by the Board and the project submission schedule. Section
17.22 (Emergency Requests) is a new section providing that the Commissioner
or the Committee on Campus Planning may act upon requests of an emergency
nature between scheduled meetings of the Board. This section clarifies the
application process, ratification by the Committee on Campus Planning, and
the criteria for determining if the request is justified. In addition, this
section would require that the President of the institution sign the request
and that this authority may not be delegated within the institution.
Dr. Deborah L. Greene, Assistant Commissioner for Finance, Campus Planning,
and Research has determined that for each year of the first five years the
sections are in effect, there will not be any fiscal implications to state
or local government as a result of enforcing or administering the rules.
Dr. Greene has also determined that for each year of the first five years
the sections are in effect, the public benefit anticipated as a result of
administering the section will be more efficient Board meetings and Board
operations related to Campus Planning activities. There is no effect on small
businesses. There are no anticipated economic costs to persons who are required
to comply with the sections as proposed. There is no impact on local employment.
Comments on the proposal may be submitted to Nancy Ellen Soteriou, Director,
Campus Planning, P.O. Box 12788, Austin, Texas 78711 email: Nancy.Soteriou@thecb.state.tx.us.
Comments will be accepted for 30 days following publication of the proposal
in the
Texas Register
.
The new sections are proposed under Texas Education Code, §61.027,
which provides the Board with the authority to adopt rules, and Texas Education
Code, §§61.058, 61.0572, 61.0582, and 61.0583.
The new sections affect the Texas Education Code, §§61.058, 61.0572,
61.0582, and 61.0583.
§17.20.Criteria for Approval of Projects.
Projects considered for approval shall meet the following criteria:
(1)
The project shall meet all applicable Board standards as
described in §§17.30 - 17.51 of this title (relating to Rules Applying
to New Construction and Addition Projects, Repair and Renovation Projects,
and Real Property Acquisition Projects).
(2)
If the project financing involves private gift or grant
funds, these funds are either in-hand or the governing board shall commit
an alternative source of funds, or if the private gift or grant funds are
not received, the governing board agrees to forego the project.
(3)
If the project causes an increase in student fees, such
increases are executed in accordance with the applicable laws concerning approval
by the student body.
(4)
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 shall have considered the feasibility
of privatization of both construction and operation of the facility.
(5)
If applicable, the project complies with the minimum flood
plain management standards established by the Texas Commission on Environmental
Quality (TQEC) and the Federal Emergency Management Agency (FEMA).
(6)
If the project includes the acquisition of real property,
the governing board shall have given appropriate consideration to the effect
of the acquisition on residential neighborhoods.
(7)
If the project includes the acquisition of real property,
the acquisition shall be included in the institution's long-range campus master
plan.
(8)
The project shall be included in the institution's most
recently submitted Facilities Development Plan (MP1 report) or the institution
shall certify that the project represents an opportunity or emergency that
could not be foreseen.
(9)
If applicable, the project complies with Texas Government
Code, §§469.001 - 469.105, concerning the elimination of restrictive
barriers.
(10)
The project shall comply with Life Safety Standards adopted
by the State Fire Marshal.
(11)
The institution verifies that the project complies with
Texas Government Code, §447.004, regarding energy efficiency and shall
provide a Certificate of Compliance to the State Energy Conservation Office
prior to occupancy. If the project involves energy savings or conservation,
the governing board shall have considered the feasibility of an Energy Savings
Performance Contract as a viable alternative.
(12)
The institution shall verify that it will comply with
Texas Government Code, §2161.252 - 2161.253, concerning Historically
Underutilized Business Subcontracting Plans.
§17.21.Application Procedures.
(a)
Institutions shall request Board consideration for approval
of projects on forms specified by the Board. The project application shall
be submitted electronically.
(b)
Institutions shall submit the following materials for the
consideration of projects by the Commissioner, Committee on Campus Planning,
or Board:
(1)
a completed project application submitted electronically
through the Board's website;
(2)
a signed Board of Regents Certification form certifying
that the institution's Board of Regents has approved the project and that
the project meets the criteria specified in §17.20 of this title (relating
to Criteria for Approval of Projects);
(3)
a signed verification of compliance with applicable state
and or federal requirements, and
(4)
any other documentation or information the institution
believes will assist in the evaluation of the project.
(c)
Project submission schedule:
(1)
Projects to be considered by the Commissioner may be submitted
at any time.
(2)
Projects to be considered by the Committee on Campus Planning
or the Board shall be submitted at least 70 days prior to the regularly scheduled
Board meeting at which consideration is desired.
§17.22.Emergency Approval of Projects.
(a)
An emergency project may be approved by the Commissioner
or the Committee on Campus Planning between regularly scheduled meetings of
the Board. If necessary to address the emergency, the Commissioner may approve
emergency projects between regularly scheduled meetings of the Board in consultation
with the Chair of the Committee on Campus Planning.
(b)
If an emergency project is approved by the Commissioner,
the project shall be reported to the next regularly scheduled Committee on
Campus Planning meeting.
(c)
Approval of each emergency project shall be signed by the
president of the institution. The president of the institution may not delegate
this authority within the requesting institution.
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 May 3, 2004.
TRD-200402971
Jan Greenberg
General Counsel
Texas Higher Education Coordinating Board
Proposed date of adoption: July 15, 2004
For further information, please call: (512) 427-6114
19 TAC §17.30, §17.31
The Texas Higher Education Coordinating Board proposes new §§17.30
through 17.31 concerning new construction and addition projects. Specifically,
these new sections replace existing sections which are contemporaneously proposed
for repeal in this issue of the
Texas Register
.
The new sections assemble in one chapter, renumber, and clarify current Board
rules regarding the general provisions for the consideration of new construction
and addition projects. Significant additions and changes are indicated as
follows: §17.30 (Board Standards) clarifies and defines the institutional
and project standards set by the Board for new construction and addition projects.
The new section requires that the institution meet standards for deferred
maintenance and critical deferred maintenance. The new section also requires
that the project meet standards for space need, cost, and efficiency. The
proposed change would provide for variances from a single standard for efficiency
to accommodate special or mixed-use facilities, office space, and diagnostic
support laboratories. In addition, the proposed change would provide for variances
in space need to accommodate consideration of future enrollment. Section 17.31
(Additional Requirements) specifies that space utilization guidelines for
classrooms and class laboratories will be considered by the Board in its evaluation
of new construction and/or addition projects.
Dr. Deborah L. Greene, Assistant Commissioner for Finance, Campus Planning,
and Research has determined that for each year of the first five years the
sections are in effect, there will not be any fiscal implications to state
or local government as a result of enforcing or administering the rules.
Dr. Greene has also determined that for each year of the first five years
the sections are in effect, the public benefit anticipated as a result of
administering the section will be more efficient Board meetings and Board
operations related to Campus Planning activities. There is no effect on small
businesses. There are no anticipated economic costs to persons who are required
to comply with the sections as proposed. There is no impact on local employment.
Comments on the proposal may be submitted to Nancy Ellen Soteriou, Director,
Campus Planning, P.O. Box 12788, Austin, Texas 78711 email: Nancy.Soteriou@thecb.state.tx.us.
Comments will be accepted for 30 days following publication of the proposal
in the
Texas Register
.
The new sections are proposed under Texas Education Code, §61.027,
which provides the Board with the authority to adopt rules, and Texas Education
Code, §§61.058, 61.0572, 61.0582, and 61.0583.
The sections affect the Texas Education Code, §§61.058, 61.0572,
61.0582, and 61.0583.
§17.30.Standards for New Construction and/or Addition Projects.
To obtain Board approval for a new construction and/or addition project,
an institution shall demonstrate that the project complies with the following
standards:
(1)
Institutional Standards. The institution shall demonstrate
that a new construction and/or addition project complies with the following
institutional standards:
(A)
Deferred Maintenance.
(i)
The Board standard for deferred maintenance shall be the
ratio of campus deferred maintenance costs to replacement value of 5 percent
or less.
(ii)
If the ratio of campus deferred maintenance costs to replacement
value is more than 5 percent, a project may be approved if the institution
demonstrates that:
(I)
the project is intended to reduce the deferred maintenance
on the campus, or
(II)
the institution has demonstrated a reduction in its deferred
maintenance to replacement value ratio 10 percent or more for the immediate
prior three years.
(iii)
Alternatively, if the deferred maintenance to replacement
value ratio is greater than 5 percent, a project may be approved if the institution:
(I)
submits a written plan on a form specified by the Board
for substantial progress toward meeting the standard; and
(II)
provides the Board with a statement signed by the president
of the institution, regarding its ability to support and maintain the proposed
facility while continuing to address current institutional facility maintenance
needs. The president of the institution may not delegate this authority.
(B)
Critical Deferred Maintenance.
(i)
The Board standard for critical deferred maintenance is
zero.
(ii)
If the critical deferred maintenance is greater than zero,
a project may be approved if the institution:
(I)
Develops an acceptable plan in place to address any critical
deferred maintenance reported on the master plan; and
(II)
the institution shall demonstrate progress towards meeting
the plan goals; and
(III)
the institution shall provide the Board with a statement
signed by the president of the institution regarding its ability to support
and maintain the proposed facility while continuing to address current institutional
facility maintenance needs. The president of the institution may not delegate
this authority.
(2)
Project Standards. The institution shall demonstrate that
a new construction or addition project complies with the following project
standards:
(A)
Space Need--The project shall not create a campus space
surplus, or add to an existing surplus, as determined by the Board's space
projection model report, required by § 17.100 of this title (relating
to Board Reports).
(i)
If the institution has a predicted surplus of space in
the current Space Projection Model report and the project is required to accommodate
future predicted enrollment growth, the Board may consider a written plan
from the institution, on a form specified by the Board, for substantial progress
toward meeting the standard. The plan must include:
(I)
an explanation of the expected growth and how the predicted
growth will impact the institution;
(II)
a demonstration of progress towards eliminating the surplus;
(III)
a statement regarding the ability of the institution
to support and maintain the proposed facility while continuing to address
current institutional facility needs; and
(IV)
a demonstration that, upon completion of the project,
the institution will comply with the Board standard and eliminate the space
surplus.
(V)
The plan shall be signed by the president of the institution.
The president of the institution may not delegate this authority within the
requesting institution.
(ii)
If more than one project is submitted for an agenda, all
projects submitted for the current agenda will be considered in the determination
of a campus surplus or deficit.
(B)
Cost--The construction building cost per gross square foot
shall be within the range of similar projects approved by the Board within
the last five years, adjusted for inflation as described in the board’s
Construction Cost report (§17.100 of this title relating to Board Reports).
If the construction cost per gross square foot exceeds the maximum cost of
similarly approved projects, the cost per gross square foot shall not exceed
the highest actual construction cost per gross square foot reported to R.S.
Means.
(C)
Efficiency--The ratio of NASF to GSF for the space in projects
for classrooms and general purpose facilities shall be 0.60 or greater. Where
the following specialized space is predominant in the project, the ratios
of NASF to GSF shall be as follows:
(i)
Office space: 0.65 or greater;
(ii)
Diagnostic support laboratories: 0.50 or greater; and
(iii)
For mixed-use facilities, the ratio of NASF to GSF shall
be calculated for each space type and considered separately.
§17.31.Additional Requirements.
In addition to the consideration of the standards provided in §17.30
of this title (relating to Standards for New Construction and/or Addition
Projects), the Board shall consider the following space utilization guidelines
for classroom and/or class laboratories:
(1)
For classrooms, 38 hours average weekly hours of use; and
(2)
For class laboratories, 25 hours of average weekly hours
of use.
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 May 3, 2004.
TRD-200402972
Jan Greenberg
General Counsel
Texas Higher Education Coordinating Board
Proposed date of adoption: July 15, 2004
For further information, please call: (512) 427-6114
19 TAC §17.40, §17.41
The Texas Higher Education Coordinating Board proposes new §17.40
and §17.41, concerning repair and renovation projects. Specifically,
these new sections replace existing sections which are contemporaneously proposed
for repeal in this issue of the
Texas Register
.
The new sections assemble in one chapter, renumber, and clarify current Board
rules regarding the general provisions for the consideration of repair and
renovation projects. Significant additions and changes are indicated as follows: §17.40,
Standards for Repair and Renovation Projects, clarifies the institutional
and project standards for repair and renovation projects. The new section
requires that the institution meet standards for deferred maintenance, critical
deferred maintenance, and space utilization. The new section also requires
that the project meet standards for space need, cost, and that the project
would not reduce the existing ratio of assignable square feet to gross square
feet for the building. Section 17.41, Additional Requirements, would require
that projects for repair and renovation of energy systems consider Energy
Savings Performance Contract and demonstrate to the Board that the presented
alternative is in the best interest of the state.
Dr. Deborah L. Greene, Assistant Commissioner for Finance, Campus Planning,
and Research has determined that for each year of the first five years the
new sections are in effect, there will not be any fiscal implications to state
or local government as a result of enforcing or administering the sections.
Dr. Greene has also determined that for each year of the first five years
the new sections are in effect, the public benefit anticipated as a result
of administering the sections will be more efficient Board meetings and Board
operations related to Campus Planning activities. There is no effect on small
businesses. There are no anticipated economic costs to persons who are required
to comply with the new sections as proposed. There is no impact on local employment.
Comments on the proposal may be submitted to Nancy Ellen Soteriou, Director,
Campus Planning, P.O. Box 12788, Austin, Texas 78711; e-mail: Nancy.Soteriou@thecb.state.tx.us.
Comments will be accepted for 30 days following publication of the proposal
in the
Texas Register
.
The new sections are proposed under Texas Education Code, §61.027,
which provides the Board with the authority to adopt rules, and Texas Education
Code, §§61.058, 61.0572, 61.0582, and 61.0583.
The new sections affect the Texas Education Code, §§61.058, 61.0572,
61.0582, and 61.0583.
§17.40.Standards for Repair and Renovation Projects.
To obtain Board approval for a repair or renovation project, an institution
shall demonstrate that the project complies with the following standards:
(1)
Institutional Standards. The institution shall demonstrate
that a repair or renovation project complies with the standards required in §17.30(1)
of this title (relating to Institutional Standards) and the additional requirements
for space utilization described in §17.31 of this title (relating to
Additional Requirement).
(2)
Project Standards.
(A)
Space Need and Cost--The institution shall demonstrate
that the repair or renovation project complies with the standards required
in §17.30(2)(A) and (B) of this title (relating to Space Need and Cost).
(B)
Efficiency--The institution shall demonstrate that the
project does not reduce the existing ratio of NASF to GSF for the building.
§17.41.Additional Requirements.
For projects for the repair and/or renovation of energy systems, an
institution shall be required, in addition to the requirements of §17.21
of this title (relating to Application Procedures), to:
(1)
award an Energy Savings Performance Contract; or
(2)
demonstrate that an alternative to the use of an Energy
Savings Performance Contract is in the best interest of the State.
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 May 3, 2004.
TRD-200402973
Jan Greenberg
General Counsel
Texas Higher Education Coordinating Board
Proposed date of adoption: July 15, 2004
For further information, please call: (512) 427-6114
19 TAC §§17.50 - 17.52
The Texas Higher Education Coordinating Board proposes new §§17.50
- 17.52, concerning real property acquisition projects. Specifically, these
new sections replace existing sections which are contemporaneously proposed
for repeal in this issue of the
Texas Register
.
The new sections assemble in one chapter, renumber, and clarify current Board
rules regarding the general provisions for the consideration of real property
acquisition projects. Significant additions and changes are indicated as follows: §17.50,
Standards for Real Property Acquisition Projects, clarifies and defines the
institutional and project standards set by the Board for real property projects.
The new section requires that the institution meet standards for deferred
maintenance, critical deferred maintenance, and space utilization; it also
requires that the project meet standards for space need and cost. Section
17.51, Additional Requirements, would require that applications for real property
projects include appropriate property appraisal reports estimating the market
value of the real property and required appraiser credentials. Section 17.52,
Eminent Domain, would provide that Board approval is required prior to commencement
of eminent domain proceedings, that the institution shall provide evidence
of efforts made to reach an agreement with the property's owner, and that
the intuition must report the costs associated with eminent domain proceedings
to the Board. This section removes the requirement for the institution to
report estimated legal costs in the project application.
Dr. Deborah L. Greene, Assistant Commissioner for Finance, Campus Planning,
and Research has determined that for each year of the first five years the
new sections are in effect, there will not be any fiscal implications to state
or local government as a result of enforcing or administering the sections.
Dr. Greene has also determined that for each year of the first five years
the new sections are in effect, the public benefit anticipated as a result
of administering the sections will be more efficient Board meetings and Board
operations related to Campus Planning activities. There is no effect on small
businesses. There are no anticipated economic costs to persons who are required
to comply with the new sections as proposed. There is no impact on local employment.
Comments on the proposal may be submitted to Nancy Ellen Soteriou, Director,
Campus Planning, P.O. Box 12788, Austin, Texas 78711; e-mail: Nancy.Soteriou@thecb.state.tx.us.
Comments will be accepted for 30 days following publication of the proposal
in the
Texas Register
.
The new sections are proposed under Texas Education Code, §61.027,
which provides the Board with the authority to adopt rules, and Texas Education
Code, §§61.058, 61.0572, 61.0582, and 61.0583.
The new sections affect the Texas Education Code, §§61.058, 61.0572,
61.0582, and 61.0583.
§17.50.Standards for Real Property Acquisition Projects.
To obtain Board approval for a real property acquisition project, an
institution shall demonstrate that the project complies with the following
standards:
(1)
Space Need--The institution shall demonstrate that the
real property project complies with the standards required in §17.30(2)(A)
of this title (relating to Space Need).
(2)
Cost--The proposed purchase price shall be within the two
appraisal values.
(3)
Repair and Renovation--If the project includes repair and
renovation of any improvements on the property, the standards in §17.40(2)
of this title (relating to Project Standards) shall apply.
§17.51.Additional Requirements.
(a)
Appraisals.
(1)
If the cost of the real property is $50,000 or more, an
institution shall provide two appraisal reports providing a current value
of the property. The most recent appraisal of the local property tax appraisal
district may be used for one of these reports.
(2)
If the cost of the real property is less than $50,000,
an institution shall submit a brief description of the information that it
has relied upon to determine the current market value or provide an appraisal
report estimating the current market value of the property.
(b)
Appraiser Credentials. Any appraisal report provided to
the Board under this section shall certify that the appraiser(s) meets one
of the following requirements:
(1)
Is a senior member of the Appraisal Institute (M.A.I, S.R.P.A.
and S.R.A.);
(2)
Is a senior member of the American Society of Appraisers
with the professional designation in real estate; or
(3)
Is a senior member or appraiser-counselor of the National
Association of Independent Fee Appraisers (designated I.F.A.S. or I.F.A.C.).
(c)
The requirement for appraisals in no way obligates the
institution to release the figures to property owners during the acquisition
process, nor does the requirement of appraisals deny the institution the right
to settle a purchase at a price below the appraisals.
(1)
An institution may place the word "Confidential" on each
appraisal submitted to the Board under this section.
(2)
The Board shall refer any public request for an appraisal
that is marked "Confidential" to the Office of the Attorney General and provide
notice to the institution that a request for the appraisal has been made under
the Public Information Act found in Texas Government Code, Chapter 552.
§17.52.Eminent Domain.
(a)
Board approval for acquisitions in which eminent domain
may be necessary shall be obtained prior to the commencement of eminent domain
proceedings.
(b)
The institution shall provide to the Board evidence of
good faith efforts made to reach an agreement with the property's owner.
(c)
Upon resolution, the institution shall promptly report
to the Board the costs associated with the eminent domain proceedings. Re-approval
of the project by the Board shall not be necessary unless the court establishes
a purchase price 10 percent higher than that approved by the Board.
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 May 3, 2004.
TRD-200402974
Jan Greenberg
General Counsel
Texas Higher Education Coordinating Board
Proposed date of adoption: July 15, 2004
For further information, please call: (512) 427-6114
19 TAC §17.60
The Texas Higher Education Coordinating Board proposes new §17.60,
concerning auxiliary enterprise projects. Specifically, this new section replaces
existing sections which are contemporaneously proposed for repeal in this
issue of the
Texas Register
. The new section
assembles in one chapter, renumber, and clarify current Board rules regarding
the general provisions for the consideration of auxiliary enterprise projects.
Significant additions and changes are indicated as follows: §17.60, Standards
for Auxiliary Enterprise Projects, clarifies and defines the institutional
and project standards set by the Board for auxiliary enterprise projects.
The new section requires that the project meet the associated standards for
similar project types.
Dr. Deborah L. Greene, Assistant Commissioner for Finance, Campus Planning,
and Research has determined that for each year of the first five years the
new section is in effect, there will not be any fiscal implications to state
or local government as a result of enforcing or administering the section.
Dr. Greene has also determined that for each year of the first five years
the new section is in effect, the public benefit anticipated as a result of
administering the section will be more efficient Board meetings and Board
operations related to Campus Planning activities. There is no effect on small
businesses. There are no anticipated economic costs to persons who are required
to comply with the new section as proposed. There is no impact on local employment.
Comments on the proposal may be submitted to Nancy Ellen Soteriou, Director,
Campus Planning, P.O. Box 12788, Austin, Texas 78711; e-mail: Nancy.Soteriou@thecb.state.tx.us.
Comments will be accepted for 30 days following publication of the proposal
in the
Texas Register
.
The new section is proposed under Texas Education Code, §61.027,
which provides the Board with the authority to adopt rules, and Texas Education
Code, §§61.058, 61.0572, 61.0582, and 61.0583.
The new section affects the Texas Education Code, §§61.058, 61.0572,
61.0582, and 61.0583.
§17.60.Standards for Auxiliary Enterprise Projects.
To obtain Board approval for an auxiliary enterprise project, an institution
shall demonstrate that the project complies with the following standards:
(1)
Institutional Standards. The institution shall demonstrate
that an auxiliary enterprise project complies with the standards required
in §17.30(1)(A) and (B) of this title (relating to Deferred Maintenance
and Critical Deferred Maintenance).
(2)
Project Standards. The following basic standards shall
apply to all auxiliary enterprise projects considered by the Board, Committee
on Campus Planning, or the Commissioner:
(A)
New construction and/or Additions--New construction of
or additions to Auxiliary Enterprise Projects shall be considered under the
provisions of §17.30(2) of this title (relating to Project Standards).
(B)
Repair and Renovation--Repair or renovation of Auxiliary
Enterprise Projects shall be considered under the provisions of §17.40(2)
of this title (relating to Project Standards) and §17.41 of this title
(relating to Additional Requirements).
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 May 3, 2004.
TRD-200402975
Jan Greenberg
General Counsel
Texas Higher Education Coordinating Board
Proposed date of adoption: July 15, 2004
For further information, please call: (512) 427-6114
19 TAC §17.70, §17.71
The Texas Higher Education Coordinating Board proposes new §17.70
and §17.71, concerning intercollegiate athletic projects. Specifically,
these new sections replace existing sections which are contemporaneously proposed
for repeal in this issue of the
Texas Register
.
The new sections assemble in one chapter, renumber, and clarify current Board
rules regarding the general provisions for the consideration of intercollegiate
athletic projects. Significant additions and changes are indicated as follows: §17.70,
Standards Applying to Intercollegiate Athletic Projects, clarifies and defines
the institutional and project standards set by the Board for intercollegiate
athletic projects. The new section requires that the project meet the associated
standards for similar project types. Section 17.71, Additional Requirements
defines considerations and limitations on projects that support intercollegiate
athletics. There is no change proposed in the provisions of this section.
Dr. Deborah L. Greene, Assistant Commissioner for Finance, Campus Planning,
and Research has determined that for each year of the first five years the
new sections are in effect, there will not be any fiscal implications to state
or local government as a result of enforcing or administering the sections.
Dr. Greene has also determined that for each year of the first five years
the new sections are in effect, the public benefit anticipated as a result
of administering the sections will be more efficient Board meetings and Board
operations related to Campus Planning activities. There is no effect on small
businesses. There are no anticipated economic costs to persons who are required
to comply with the new sections as proposed. There is no impact on local employment.
Comments on the proposal may be submitted to Nancy Ellen Soteriou, Director,
Campus Planning, P.O. Box 12788, Austin, Texas 78711; e-mail: Nancy.Soteriou@thecb.state.tx.us.
Comments will be accepted for 30 days following publication of the proposal
in the
Texas Register
.
The new sections are proposed under Texas Education Code, §61.027,
which provides the Board with the authority to adopt rules, and Texas Education
Code, §§61.058, 61.0572, 61.0582, and 61.0583.
The new sections affect the Texas Education Code, §§61.058, 61.0572,
61.0582, and 61.0583.
§17.70.Standards Applying to Intercollegiate Athletic Projects.
To obtain Board approval for an intercollegiate athletic project, an
institution must demonstrate that the project complies with the following
standards:
(1)
Institutional Standards. The institution shall demonstrate
that an Intercollegiate Athletic Project complies with the standards required
in §17.30(1)(A) and (B) of this title (relating to Deferred Maintenance
and Critical Deferred Maintenance).
(2)
Project Standards. The following basic standards shall
apply to all Intercollegiate Athletic Projects considered by the Board, Committee
on Campus Planning, or the Commissioner:
(A)
New construction and/or Additions--New construction of
or addition to an Intercollegiate Athletic Project shall be considered under
the provisions of §17.30(2) of this title (relating to Project Standards).
(B)
Repair and Renovation--Repair or renovation of an Intercollegiate
Athletic Project shall be considered under the provisions of §17.40(2)
of this title (relating to Project Standards) and §17.41 of this title
(relating to Additional Requirements).
§17.71.Additional Requirements.
The following additional requirements shall be considered by the Board
in evaluating projects that support intercollegiate athletics at Texas public
universities:
(1)
If a facility is used for both intercollegiate athletics
and educational and general purposes, the cost of the facility shall be appropriately
prorated.
(2)
The use of student fees for financing construction projects
that support intercollegiate athletics shall be limited to no more than 50
percent of the total project cost at Texas institutions that participate in
the Bowl Championship Series and to 75 percent 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 normally shall be conditional upon a finding that no more than 50
percent 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
percent of the financing is derived, directly or indirectly, from students.
(5)
In making its findings, the Board may consider the total
allocation of revenue supporting intercollegiate athletics.
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 May 3, 2004.
TRD-200402976
Jan Greenberg
General Counsel
Texas Higher Education Coordinating Board
Proposed date of adoption: July 15, 2004
For further information, please call: (512) 427-6114
19 TAC §§17.80 - 17.82
The Texas Higher Education Coordinating Board proposes new §§17.80
- 17.82, concerning Energy Savings Performance Contract projects. Specifically,
these new sections assemble in one chapter, renumber, and clarify current
Board rules regarding the general provisions for the consideration of Energy
Savings Performance Contract projects. Significant changes are indicated as
follows: §17.80, Projects Requiring Board Approval, clarifies that the
Board shall approve or disapprove all Energy Savings Performance Contract
projects and specifies that Energy Savings Performance Contract projects be
considered under the provisions of §17.40 and §17.41 of this title.
This section specifies the types of renovations to be included in Energy Savings
Performance Contract projects. Section 17.81, Standards for Energy Savings
Performance Contract projects clarifies that the institutional and project
standards set by the Board for repair and renovation projects apply to Energy
Savings Performance Contract projects. Section 17.82, Additional Requirements
would require that applications for Energy Savings Performance Contract projects
include specified certifications by a professional engineer licensed in the
State of Texas. These certifications include compliance with applicable state,
federal, and local statutes; inclusion of an energy assessment report and
a calculation of energy savings as a direct result of the project; and a definition
of the savings to be realized. Additionally, this section would require that
institutions provide a copy of the signed Energy Savings Performance Contract
within 30 days of the effective date of the contract.
Dr. Deborah L. Greene, Assistant Commissioner for Finance, Campus Planning,
and Research has determined that for each year of the first five years the
new sections are in effect, there will not be any fiscal implications to state
or local government as a result of enforcing or administering the sections.
Dr. Greene has also determined that for each year of the first five years
the new sections are in effect, the public benefit anticipated as a result
of administering the sections will be more efficient Board meetings and Board
operations related to Campus Planning activities. There is no effect on small
businesses. There are no anticipated economic costs to persons who are required
to comply with the new sections as proposed. There is no impact on local employment.
Comments on the proposal may be submitted to Nancy Ellen Soteriou, Director,
Campus Planning, P.O. Box 12788, Austin, Texas 78711; e-mail: Nancy.Soteriou@thecb.state.tx.us.
Comments will be accepted for 30 days following publication of the proposal
in the
Texas Register
.
The new sections are proposed under Texas Education Code, §61.027,
which provides the Board with the authority to adopt rules, and Texas Education
Code, §§61.058, 61.0572, 61.0582, 61.0583, and 51.927.
The new sections affect the Texas Education Code, §§61.058, 61.0572,
61.0582, and 61.0583.
§17.80.Projects Requiring Board Approval.
Board approval is required before an institution enters into an energy
savings performance contract. Energy savings performance contracts include
the installation or implementation of:
(1)
insulation of a building structure and systems within a
building;
(2)
storm windows or doors, caulking or weather stripping,
multi-glazed windows or doors, heat-absorbing or heat-reflective glazed and
coated window or door systems, or other window or door system modifications
that reduce energy consumption;
(3)
automatic energy control systems, including computer software
and technical data licenses;
(4)
heating, ventilating, or air conditioning system modifications
or replacements that reduce energy or water consumption;
(5)
lighting fixtures that increase energy efficiency;
(6)
energy recovery systems;
(7)
electric systems improvements;
(8)
water-conserving fixtures, appliances, and equipment or
the substitution of non-water-using fixtures, appliances, and equipment;
(9)
water-conserving landscape irrigation equipment;
(10)
landscaping measures that reduce watering demands and
capture and hold applied water and rainfall, including:
(A)
landscape contouring, including the use of berms, swales,
and terraces; and
(B)
the use of soil amendments that increase the water-holding
capacity of the soil, including compost;
(11)
rainwater harvesting equipment and other equipment to
make use of water collected as part of a storm-water system installed for
water quality control;
(12)
equipment for recycling or reuse of water originating
on the premises or from other sources, including treated municipal effluent;
(13)
equipment needed to capture water from non-conventional,
alternate sources, including air conditioning condensate or graywater, for
non-potable uses;
(14)
metering equipment needed to segregate water use in order
to identify water conservation opportunities or verify water savings; or
(15)
other energy or water conservation-related improvements
or equipment, including improvements or equipment related to renewable energy
or non-conventional water sources or water reuse.
§17.81.Standards for Energy Savings Performance Contract Projects.
(a)
Institutional Standards. The institution shall demonstrate
that an Energy Savings Performance Contract project complies with the standards
required in §17.30(1)(A) and (B) of this title (relating to Deferred
Maintenance and Critical Deferred Maintenance).
(b)
Project Standards. Energy Savings Performance Contract
Projects shall be considered under the provisions of §17.40(2) of this
title (relating to Project Standards) and §17.41 of this title (relating
to Additional Requirements).
§17.82.Additional Requirements.
(a)
In addition to those outlined in §17.21 of this title
(relating to Application Procedures), a statement shall be included with the
application, certified by a Professional Engineer licensed in the State of
Texas who shall not be an officer or employee of the offeror for the contract,
the institution seeking approval, or otherwise associated with the contract,
that:
(1)
the contract has been reviewed in accordance with the International
Performance Measurement and Verification Protocol (IPMVP) and/or the American
Society of Heating, Refrigerating and Air-Conditioning Engineers (ASHRAE)
Guidelines; and
(2)
that the contract meets the following guidelines:
(A)
The contract complies with any and all applicable federal,
state and local statutes;
(B)
The contract contains an energy audit report, a measurement
and verification plan that documents current energy consumption, and a detailed
calculation of energy savings as a direct result of the project;
(C)
The savings achieved over the specified term is equal to
or greater than the cost of the project; and
(D)
The contract meets the guidelines specified in Texas Education
Code, §51.927 (relating to Energy Savings Performance Contracts).
(b)
The institution shall provide to the Board a copy of the
signed contract within 30 days of the effective date of the contract.
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 May 3, 2004.
TRD-200402977
Jan Greenberg
General Counsel
Texas Higher Education Coordinating Board
Proposed date of adoption: July 15, 2004
For further information, please call: (512) 427-6114
19 TAC §17.90, §17.91
The Texas Higher Education Coordinating Board proposes new §17.90
and §17.91, concerning Tuition Revenue Bond projects. Specifically, these
new sections assemble in one chapter, renumber, and clarify current Board
rules regarding the general provisions for the consideration of Tuition Revenue
Bond projects. Significant changes are indicated as follows: §17.90,
Standards for Tuition Revenue Bond Projects clarifies and defines the institutional
and project standards set by the Board for Tuition Revenue Bond projects.
The new section requires that the institution and the project meet the associated
standards for similar project types. Section 17.91, Projects Not Meeting Board
Standards, requires that the Board notify the governor, lieutenant governor,
the Speaker of the House of Representatives, and the Legislative Budget Board
of the results of the evaluation for projects that do not meet the specified
Board standards.
Dr. Deborah L. Greene, Assistant Commissioner for Finance, Campus Planning,
and Research has determined that for each year of the first five years the
new sections are in effect, there will not be any fiscal implications to state
or local government as a result of enforcing or administering the sections.
Dr. Greene has also determined that for each year of the first five years
the new sections are in effect, the public benefit anticipated as a result
of administering the sections will be more efficient Board meetings and Board
operations related to Campus Planning activities. There is no effect on small
businesses. There are no anticipated economic costs to persons who are required
to comply with the new sections as proposed. There is no impact on local employment.
Comments on the proposal may be submitted to Nancy Ellen Soteriou, Director,
Campus Planning, P.O. Box 12788, Austin, Texas 78711; e-mail: Nancy.Soteriou@thecb.state.tx.us.
Comments will be accepted for 30 days following publication of the proposal
in the
Texas Register
.
The new sections are proposed under Texas Education Code, §61.027,
which provides the Board with the authority to adopt rules, and Texas Education
Code, §§61.058, 61.0572, 61.0582, and 61.0583.
The new sections affect the Texas Education Code, §§61.058, 61.0572,
61.0582, and 61.0583.
§17.90.Standards for Tuition Revenue Bond Projects.
Unless specifically exempted by legislative authority, each Tuition
Revenue Bond Project shall be submitted to the Board for an evaluation to
determine if the project meets the following standards:
(1)
Institutional Standards. The institution shall demonstrate
that the Tuition Revenue Bond project complies with the standards required
in §17.30(1)(A) and (B) of this title (relating to Deferred Maintenance
and Critical Deferred Maintenance).
(2)
Project Standards. The following basic standards shall
apply to all Tuition Revenue Bond projects considered by the Board, Committee
on Campus Planning, or the Commissioner:
(A)
Tuition Revenue Bond Projects for a new construction and/or
addition shall be considered under the provisions of §17.30(2) of this
title (relating to Project Standards).
(B)
Tuition Revenue Bond Projects for repair and renovation
shall be considered under the provisions of §17.40(2) of this title (relating
to Project Standards) and §17.41 of this title (relating to Additional
Requirements).
(3)
Real Property. Tuition Revenue Bond Projects for the acquisition
of real property shall be considered under the provisions of §17.50 and §17.51
of this title (relating to Rules Applying to Real Property Acquisition Projects).
(4)
Auxiliary Enterprise Projects. Tuition Revenue Bond Projects
for auxiliary enterprises shall be considered under the provisions of §17.60
of this title (relating to Rules Applying to Auxiliary Enterprise Projects).
(5)
Intercollegiate Athletic Projects. Tuition Revenue Bond
Projects for intercollegiate athletics shall be considered under the provisions
of §17.70 and §17.71 of this title (relating to Rules Applying to
Intercollegiate Athletic Projects).
(6)
Energy Savings Performance Contract Projects. Tuition Revenue
Bond Projects that include an energy savings performance contract shall be
considered under the provisions of §§17.80 - 17.82 of this title
(relating to Rules Applying to Energy Savings Performance Contract Projects).
§17.91.Projects Not Meeting Board Standards.
The Board shall notify the Governor, Lieutenant Governor, the Speaker
of the House of Representatives, and the Legislative Budget Board the results
of the evaluation.
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 May 3, 2004.
TRD-200402978
Jan Greenberg
General Counsel
Texas Higher Education Coordinating Board
Proposed date of adoption: July 15, 2004
For further information, please call: (512) 427-6114
19 TAC §17.100, §17.101
The Texas Higher Education Coordinating Board proposes new §17.100
and §17.101, concerning Reports. Specifically, these new sections replace
existing sections which are contemporaneously proposed for repeal in this
issue of the
Texas Register
. The new sections
assemble in one chapter, renumber, and clarify current Board rules regarding
the general provisions for Board and institutional reporting. Significant
additions and changes are indicated as follows: §17.100, Board Reports,
clarifies that the Board develop and publish reports concerning deferred maintenance
and replacement value calculations, construction costs, and space planning
models to estimate the assignable E&G space needed at institutions of
higher education. This section clarifies the periodic review and use of these
reports. Section 17.101, Institutional Reports, provides that institutions
of higher education submit periodic reports to the Board related to its facilities
inventory, facilities development efforts, accumulated deferred maintenance,
project status and tracking, and other reports required by the Board. A new
provision in this section would require the institutions to annually report
any facilities development or renovation projects approved by the institution's
governing board that add E&G space to the institution's facilities inventory.
This section clarifies the periodic review and use of these reports.
Dr. Deborah L. Greene, Assistant Commissioner for Finance, Campus Planning,
and Research has determined that for each year of the first five years the
new sections are in effect, there will not be any fiscal implications to state
or local government as a result of enforcing or administering the sections.
Dr. Greene has also determined that for each year of the first five years
the new sections are in effect, the public benefit anticipated as a result
of administering the sections will be more efficient Board meetings and Board
operations related to Campus Planning activities. There is no effect on small
businesses. There are no anticipated economic costs to persons who are required
to comply with the new sections as proposed. There is no impact on local employment.
Comments on the proposal may be submitted to Nancy Ellen Soteriou, Director,
Campus Planning, P.O. Box 12788, Austin, Texas 78711; e-mail: Nancy.Soteriou@thecb.state.tx.us.
Comments will be accepted for 30 days following publication of the proposal
in the
Texas Register
.
The new sections are proposed under Texas Education Code, §61.027,
which provides the Board with the authority to adopt rules, and Texas Education
Code, §§61.058, 61.0572, 61.0582, and 61.0583.
The new sections affect the Texas Education Code, §§61.058, 61.0572,
61.0582, and 61.0583.
§17.100.Board Reports.
The Board shall annually prepare the following reports:
(1)
Space Projection Model. The Board, in consultation with
the institutions, shall develop space planning models to estimate the NASF
of E&G space needed at institutions of higher education.
(A)
Periodic Review. Each biennium, the Commissioner may convene
an advisory committee of institutional representatives to review the model
and recommend changes.
(B)
Use. The Board shall use the models developed under this
section to determine the need for space on campuses, as a component of funding
formulas for public institutions other than community colleges, and in the
evaluation of facilities development projects.
(2)
Space Utilization. The Board shall collect data and publish
reports designed to inform the public and other state agencies of the intensity
of use of E&G facilities at institutions of higher education. Classroom
and class lab utilization data are not calculated for health-related institutions.
(A)
Periodic Review. The Board shall annually calculate the
utilization of classrooms and class laboratories for the institutions.
(B)
Use. The Board shall use the models developed under this
section to determine the utilization of classrooms and class laboratories
for the institutions.
(3)
Deferred Maintenance and Replacement Value. The Board shall
collect data and publish reports on institutional deferred maintenance designed
to inform the public and other state agencies of the condition and value of
facilities at institutions of higher education.
(A)
Periodic Review. This report shall annually calculate and
report a replacement value of E&G facilities that reflects the cost to
replace the function of a facility.
(B)
Use. The Board shall use the data on deferred maintenance
and replacement value to determine compliance with Board standards and shall
include the results in its annual report as required by Texas Education Code, §61.0582.
(4)
Construction Costs.
(A)
Periodic Review. The Board shall annually (not later than
October 1 of each year) calculate and report average construction building
costs per square foot. The costs shall be based on similar projects approved
by the Board, within the immediate prior five years, annually adjusted for
inflation. As a minimum, the calculations shall be developed for the following
project types and shall be published on the agency website.
(i)
New construction/addition;
(ii)
Repair and renovation;
(iii)
Parking construction costs; and
(iv)
Housing costs per bed for residential projects.
(B)
Use. The Board shall use the data on construction costs
to evaluate project applications and any other required or requested analyses.
§17.101.Institutional Reports.
Institutions of higher education shall submit current data to the Board
for the following reports:
(1)
Facilities Inventory.
(A)
Periodic Review. Institutions shall report a record of
all property, buildings, and rooms occupied or in the control of an institution
in a format specified by the Board.
(i)
The inventory of facilities shall be updated on an ongoing
basis.
(ii)
The inventory is subject to periodic audits.
(iii)
The inventory shall be certified by the institution annually
on or before December 15, or as specified by the Board.
(B)
Use. The Board shall use the data reported in the facilities
inventory to evaluate project applications, perform facilities audits, to
determine compliance with Board Standards, and other required or requested
analyses. The facilities inventory shall be used to complete the following
reports as required by this section:
(i)
the Space Projection Model;
(ii)
calculation of replacement values; and
(iii)
calculation of classroom and class lab utilization.
(2)
Facilities Development Reports. The Board shall consider
projects that are included in the facilities development plans (MP1 and MP2).
A project that is not included in the plan may be considered if the Board
determines that the institution, even with careful planning, could not reasonably
have foreseen the project need.
(A)
Facilities Development Plan (MP1). On or before July 1
of every year, beginning in 2004, an institution shall submit an update to
its Facilities Development Plan (MP1) on file with the Board, as required
by Texas Education Code, §61.0582. In every even-numbered year, the Board
shall provide Facilities Development Plan data to the Bond Review Board for
inclusion in the Capital Expenditure Report. The report shall include:
(i)
any proposed new construction greater than $250,000, repair
and rehabilitation greater than $1,000,000, information resource project greater
than $1,000,000, and property purchases for any amount that may be submitted
within the next five years to the Board, regardless of funding source;
(ii)
the funding source for any planned project identified
in clause (i) of this subparagraph; and
(iii)
a description of the proposals the institution plans
to finance with the Higher Education Assistance Fund or Permanent University
Fund.
(B)
Campus Deferred Maintenance Plan (MP2). On or before October
15 of every year, an institution shall submit an update to its Campus Deferred
Maintenance Plan (MP2) on file with the Board. The report shall include:
(i)
a list of an institution's facilities backlogged or deferred
maintenance needs for the next five years that cost $10,000 or greater;
(ii)
the amount the institution plans to designate each fiscal
year for the next five years to address the backlogged or deferred maintenance
reported in the Campus Deferred Maintenance Plan;
(iii)
the amount of an institution's facilities critical backlogged
or deferred maintenance needs for the next five years that cost $10,000 or
greater;
(iv)
a plan to address deferred maintenance if a project is
delayed three years beyond its originally scheduled completion date; and
(v)
an explanation for the delay in a project and a plan to
address deferred maintenance if a project has remained on the institution's
MP4 report for a third year.
(C)
Campus Addressed Deferred Maintenance Report (MP4). On
or before October 15 of every year, an institution shall submit an update
to its Campus Addressed Deferred Maintenance Report (MP4) on file with the
Board. The report shall include the amount of backlogged or deferred maintenance
addressed in previous fiscal year.
(3)
Project Status and Tracking Reports.
(A)
Annually, from the date of approval, institutions shall
report the status of an approved project to the Board. Reporting to the Board
on an annual basis shall cease after the construction project is placed into
service and included in the Facilities Inventory Report, or the property acquisition
is completed, or the renovation shall be reported to be complete. The report
shall include, but is not limited to:
(i)
approved and actual project cost;
(ii)
approved and actual building cost;
(iii)
approved and actual GSF;
(iv)
approved and actual NASF;
(v)
approved and actual E&G NASF;
(vi)
approved and actual source(s) of funding; and
(B)
If the actual costs, square footage, or source(s) of funding
changed beyond the thresholds defined in §17.14 of this title (relating
to Re-approval of Projects), the institution shall submit a project application
requesting re-approval of the project and include a justification for the
delay in the request.
(4)
Governing Board Approved Projects. Institutions shall report
to the Board annually, on a form specified by the Board, all projects approved
by the institution's governing board but not requiring Board approval that
add E&G space to the institution's facilities inventory. The report shall
be submitted electronically not later than December 1 of each year.
(5)
Other Reports. Institutions are required to submit such
other reports required by the Board.
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 May 3, 2004.
TRD-200402979
Jan Greenberg
General Counsel
Texas Higher Education Coordinating Board
Proposed date of adoption: July 15, 2004
For further information, please call: (512) 427-6114
19 TAC §§17.110 - 17.114
The Texas Higher Education Coordinating Board proposes new §§17.110
- 17.114, concerning facilities audits. Specifically, these new sections assemble
in one chapter and specify current Board rules regarding the general provisions
for periodic comprehensive audits of all education and general facilities
on the campuses of public senior colleges and universities, health-related
institutions, Lamar State Colleges, and the Texas State Technical Colleges
to verify the accuracy of institutional facilities inventories and approved
facilities development projects for each of those institutions. Section 17.110,
General Provisions, defines the requirement that the Board conduct periodic
comprehensive audits of all education and general facilities on the campuses
of public institutions of higher education to verify the accuracy of institutional
facilities inventories and approved facilities development projects. This
section provides that the Board may contract with a recognized accounting
firm to conduct the audit and that institutions may request assistance from
the Board to conduct these audits. Section 17.111, Facilities Audit Objectives,
defines the objectives for the audit that would include verification of the
accuracy of institutional reporting, institutional control systems, compliance
with Board rules, verification of appropriate approvals for facilities projects,
and whether the projects have been completed as approved. Section 17.112,
Data Sources, outlines the minimum data sources the Board will use in the
course of the facilities audit. These data sources include reports to the
Board made by the institution, Board reports for space need and utilization,
facilities inventory reports, deferred maintenance and replacement value calculation
reports, facilities condition assessments, applicable contracts, and governing
board approvals. Section 17.113, Institutional Audit Cycle, requires that
the Board establish the frequency and scope of institutional facilities assessments.
This section provides that each institution be reviewed a minimum of once
each five years, beginning in September 2005, and that the Board publish a
schedule of assessments no later than August 15 of each year, beginning in
August of 2005, for the succeeding fiscal year. This section also provides
for a comprehensive assessment to determine if circumstances warrant a substantial
audit by an independent auditing firm. Section 17.114, On-Site Audit, specifies
that, should the determination be made that an on-site audit be required or
requested, costs incurred in performing such audits be reimbursed to the Board
by the institution. This section also requires that a copy of the resulting
audit report be provided to the institution, the applicable university system,
the State Auditor, and the Legislative Budget Board.
Dr. Deborah L. Greene, Assistant Commissioner for Finance, Campus Planning,
and Research has determined that for each year of the first five years the
new sections are in effect, there will not be any fiscal implications to state
or local government as a result of enforcing or administering the sections.
Dr. Greene has also determined that for each year of the first five years
the new sections are in effect, the public benefit anticipated as a result
of administering the sections will be more efficient Board meetings and Board
operations related to Campus Planning activities. There is no effect on small
businesses. There are no anticipated economic costs to persons who are required
to comply with the new sections as proposed. There is no impact on local employment.
Comments on the proposal may be submitted to Nancy Ellen Soteriou, Director,
Campus Planning, P.O. Box 12788, Austin, Texas 78711; e-mail: Nancy.Soteriou@thecb.state.tx.us.
Comments will be accepted for 30 days following publication of the proposal
in the
Texas Register
.
The new sections are proposed under Texas Education Code, §61.027,
which provides the Board with the authority to adopt rules, and Texas Education
Code, §§61.058, 61.0572, 61.0582, and 61.0583.
The new sections affect the Texas Education Code, §§61.058, 61.0572,
61.0582, and 61.0583.
§17.110.General Provisions.
(a)
The Board shall periodically conduct a comprehensive audit
of all education and general facilities on the campuses of institutions to
verify the accuracy of the institutional facilities inventory and approved
facilities development projects for each of those institutions.
(b)
The Board may contract with a recognized accounting firm
with substantial experience in auditing facilities to conduct the audit of
the institution. The accounting firm selected to conduct the audits shall
report the results of those audits directly to the Board through its Committee
on Campus Planning.
(c)
Institutions may request assistance from the Board to conduct
audits of facilities. Costs for such requests shall be the responsibility
of the requesting institution.
§17.111.Facilities Audit Objectives.
The objectives of the audit are to determine whether selected institutions
of higher education:
(1)
are accurately reporting their facilities data to the Board;
(2)
have control systems in place over their facilities development
and management programs;
(3)
have followed the Board rules and received approval by
the Board and the institutional governing board for facilities projects; and
(4)
approved facilities projects have been completed as specified
in the request.
§17.112.Data Sources.
As a minimum, the following Board data sources shall be used in the
course of the audit:
(1)
Institutional Facilities Development Plans (MP1);
(2)
Institutional Deferred Maintenance Plans and Reports (MP2,
MP4);
(3)
Campus Master Plans;
(4)
Space Model Projection Reports;
(5)
Reports required by the Educational Data Center;
(6)
Facilities Inventory Reports;
(7)
Facilities Development and Improvement Applications and
Approvals;
(8)
Classroom and Class Laboratory Utilization Reports;
(9)
Deferred Maintenance and Replacement Value Calculations;
(10)
Institutional Facilities Condition Audit Reports;
(11)
Institutional Energy Contracts;
(12)
Governing Board facilities approvals; and
(13)
Any other institutional data deemed appropriate by the
auditor.
§17.113.Institutional Audit Cycle.
(a)
The Board shall determine the frequency and the scope of
the audits authorized by this section; audits shall be limited to facilities
planning, development, operation, and maintenance.
(b)
Beginning in September 2005, each institution of higher
education shall be reviewed a minimum of once each five years. Audits of institutions
may be conducted more often than every five years upon the request of the
institution, the Board, the Legislature, or another agency within revenue
appropriated for this purpose.
(c)
Not later than August 15 of each year, beginning in 2005,
the Office of Campus Planning shall publish a schedule of audits for the succeeding
fiscal year.
(d)
The Board shall conduct a comprehensive audit of institutional
facilities as provided for in this subsection, within revenue appropriated
for this purpose, to determine if circumstances warrant a substantial audit
by an independent auditing firm.
§17.114.On-Site Audit.
(a)
The institution shall reimburse the Board for the costs
incurred in performing on site audits.
(b)
The institution shall reimburse the Board for the costs
of the audit not later than the 30th day after the date the institution receives
a statement of audit costs paid by the Board under this subsection.
(c)
The Board shall pay the costs of each audit under this
section only from money appropriated to the Board and approved for that purpose
by the Board.
(d)
No later than 30 days after the Board receives an audit
report, a copy of the report shall be filed with the institution, the applicable
university system, the State Auditor, and the Legislative Budget Board.
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 May 3, 2004.
TRD-200402980
Jan Greenberg
General Counsel
Texas Higher Education Coordinating Board
Proposed date of adoption: July 15, 2004
For further information, please call: (512) 427-6114
Subchapter B. DETERMINING RESIDENCE STATUS
19 TAC §21.26
The Texas Higher Education Coordinating Board proposes amendments
to §21.26, concerning tuition waivers for members of the U.S. Armed Forces,
Army National Guard, Air National Guard, and Commissioned Officers of the
Public Health Service. Specifically, the proposed amendments implement statutory
changes to Texas Education Code §54.058, passed in House Bill 261 by
the 78th Texas Legislature, Regular Session, and more clearly reflect that
waivers remain in effect for eligible students as long as those students remain
in Texas or continue to be enrolled in the same degree or certificate program.
This obviates the old requirement in §21.26(b)(11)(A) for students to
annually document their assignment to duty in Texas once their initial eligibility
is established. Changes to §21.26(b)(11)(B) - (K) are recommended to
improve the flow of rule language.
Lois Hollis, Assistant Commissioner for Student Services has determined
that for each year of the first five years the amendments are in effect, there
will not be any fiscal implication to state or local government as a result
of enforcing or administering the amended section.
Ms. Hollis has also determined that for each year of the first five years
the amendments are in effect, the public benefit anticipated as a result of
administering the amended section will be to allow members of the Armed Forces
and their families to more easily obtain a higher education in Texas. There
is no effect on small businesses. There is no anticipated economic cost to
persons who are required to comply with the amendments as proposed. There
is no impact on local employment.
Comments on the amendments may be submitted to Lois Hollis, Texas Higher
Education Coordinating Board, P.O. Box 12788; Austin, Texas 78711; (512) 427-6465;
Lois.Hollis@thecb.state.tx.us.
The amendments are proposed under the Texas Education Code, §54.053,
which states that the governing board of each institution is subject to the
residency rules and interpretations issued by the Coordinating Board, and §54.058.
The amendments affect Texas Education Code, Chapter 54, §54.058.
§21.26.Exceptions.
(a)
(No change.)
(b)
Waivers that Allow Nonresidents to Register While Paying
the Resident Tuition Rate
.
(1) - (10)
(No change.)
(11)
Military and Their Families.
Members of the
U.S. Armed Forces, Army National Guard, Air National Guard, and Commissioned
Officers of the Public Health Service
, and their spouses or dependent
children, who become eligible for the following waivers, will remain eligible
as long as they remain continuously enrolled in the same degree or certificate
program. For purposes of this subsection, a person is not required to enroll
in a summer term to remain continuously enrolled
.
(A)
Assigned to Duty in Texas. Nonresident members of the U.S.
Armed Forces, members of Texas units of the Army or Air National Guard, or
Commissioned Officers of the Public Health Service who are assigned to duty
in Texas
, and their spouses, or dependent children,
are entitled
to pay the resident tuition rate [
(B)
After Assignment in Texas.
A spouse
[
(C)
Out-of-State Military.
A spouse and/or dependent child
of a member of the U.S. Armed Forces, or of a
[
(D)
Survivors.
A spouse and/or dependent child of a member
of the U.S. Armed Forces, or of a
[
(E)
Spouse and Dependents who Previously Lived in Texas.
A spouse and/or dependent child of a member of the U.S. Armed Forces, or of
a
[
(i) - (iii)
(No change.)
(F)
Members Who Change their Residency to Texas. A member
of the U.S. Armed Forces whose state of record is not Texas may change his/her
residency to Texas if he/she does the following things at least 12 months
prior to the member’s enrollment:
(i)
has been
[
(ii)
meets four of the
eight
[
(I)
has purchased
[
(II)
has registered
[
(III)
has registered
[
(IV)
has maintained
[
(V)
has maintained
[
(VI)
has had
[
(VII)
has established
[
(VIII)
has established
[
(G)
Honorably Discharged Veterans. A former member of the U.S.
Armed Forces or Commissioned Officer of the Public Health Service and his/her
spouse and
/or dependent child
[
(i) - (iii)
(No change.)
[(H)
Previous Recipients of Military Waivers.
A member of the Armed Forces of the United States or the child or spouse of
a member of the Armed Forces of the United States who is entitled to pay tuition
and fees at the rate provided for Texas residents under another provision
of this section while enrolled in a degree or certificate program is entitled
to pay tuition and fees at the rate pay tuition and fees at the rate provided
for Texas residents in any subsequent term or semester while the person is
continuously enrolled in the same degree or certificate program. For purposes
of this subsection, a person is not required to enroll in a summer term to
remain continuously enrolled in a degree or certificate program. The person's
eligibility to pay tuition and fees at the rate provided for Texas residents
under this subsection does not terminate because the person is no longer a
member of the Armed Forces of the United States or the child or spouse of
a member of the Armed Forces of the United States.]
(H)
[
(I)
[
(J)
[
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 28, 2004.
TRD-200402817
Jan Greenberg
General Counsel
Texas Higher Education Coordinating Board
Proposed date of adoption: July 15, 2004
For further information, please call: (512) 427-6114
19 TAC §§21.124 - 21.127, 21.129
The Texas Higher Education Coordinating Board proposes amendments
to §§21.124 - 21.127 and §21.129, concerning the Texas B-On-Time
Loan Program. Specifically, the proposed amendments to §21.124 would
reflect the instructions provided to institutional aid officers in meeting
the statutory requirement to award Texas B-On-Time loans to students having
financial need if there are not sufficient funds for loans to all eligible
students. The proposed amendments to §21.125 would reflect a statutory
provision that was inadvertently excluded from the previously adopted rules.
The proposed amendments to §21.126 would bring the rules in line with
current procedures and reflect the fact that all funds for the B-On-Time Loan
Program are now transferred electronically, so any language referencing "warrants"
is no longer applicable. The proposed amendments to §21.127 would clarify
that the Board is delegating to the institutions the authority to determine
if a waiver of the full-time course load requirement is warranted based on
the student's documented circumstances. The proposed amendments to §21.129
would clarify the loan forgiveness requirements and allow for forgiveness
of loans for students who have completed one-year certificate programs.
Lois Hollis, Assistant Commissioner for Student Services has determined
that for each year of the first five years the amendments are in effect, there
will not be any fiscal implication to state or local government as a result
of enforcing or administering the amended sections.
Ms. Hollis has also determined that for each year of the first five years
the amendments are in effect, the public benefit anticipated as a result of
administering the amended sections will be to improve and increase access
to higher education in the state of Texas. There is no effect on small businesses.
There is no anticipated economic cost to persons who are required to comply
with the amendments as proposed. There is no impact on local employment.
Comments on the proposed amendments may be submitted to Lois Hollis, Texas
Higher Education Coordinating Board, P.O. Box 12788, Austin, Texas 78711;
(512) 427-6465; Lois.Hollis@thecb.state.tx.us.
The amendments are proposed under the Texas Education Code, §56.453,
which authorizes the Coordinating Board to administer the Texas B-On-Time
Loan Program.
The amendments affect Texas Education Code §§56.451 - 56.465.
§21.124.Initial Eligibility for Loans.
(a) - (b)
(No change.)
(c)
If program funds are not sufficient to
provide Texas B-On-Time Loans to all qualified students, priority must be
given to students with demonstrated financial need.
§21.125.Continued Eligibility for Loans.
(a)
After initially qualifying for a Texas B-On-Time loan,
a student may continue to receive a Texas B-On-Time loan for each semester
or term at an eligible institution if he or she continues to meet all initial
eligibility requirements in §21.124 of this title (relating to Initial
Eligibility for Loans) and additionally:
(1)
as of the end of the person's first academic
year he or she meets the satisfactory academic progress requirements as indicated
by the financial aid office of his or her institution.
(A)
If a student ends his/her first year in the program without
meeting the academic progress requirements of his/her institution, he/she
may not get back into the program until the institution has determined that
the student has met its academic performance requirements.
(B)
A loan recipient who is below program grade point average
requirements as of the end of a spring term may appeal his/her grade point
average calculation if he/she has taken courses previously at one or more
different institutions. In the case of such an appeal, the current institution
(if presented with transcripts from the previous institutions), must calculate
an overall grade point average counting all classes and grade points previously
earned. If the resulting grade point average exceeds the current institution's
academic progress requirement, an otherwise eligible student may receive an
award in the following fall term.
(2)
As of the end of the second and subsequent
years, the student must complete at least 75 percent of the hours attempted
in his/her most recent academic year, and maintain an overall grade point
average of at least 2.5 on a four point scale or its equivalent, for all coursework
attempted at public or private or independent institutions of higher education.
(A)
The completion rate calculations may be made in keeping
with institutional policies.
(B)
Grade point average calculations may be made in keeping
with institutional policies except that if a loan recipient's grade point
average falls below program requirements and the student transfers to another
institution, the receiving institution cannot make a continuation award to
the transfer student until he/she provides transcripts of previous coursework
to the new institution's financial aid office and that office re-calculates
an overall grade point average, including hours and grade points for courses
taken at the old and new institutions that proves the student's overall grade
point average now meets or exceeds program requirements.
(C)
A loan recipient who is below program grade point average
requirements as of the end of a spring term may appeal his/her grade point
average calculation if he/she has taken courses previously at one or more
different institutions. In the case of such an appeal, the current institution
(if presented with transcripts from the previous institutions), must calculate
an overall grade point average counting all classes and grade points previously
earned. If the resulting grade point average exceeds the program's academic
progress requirement, an otherwise eligible student may receive an award in
the following fall term.
(3)
enrolls in a program leading to a bachelor's
degree within 12 months after the month in which the student received an undergraduate
certificate or associate's degree.
[(1)
if the student is enrolled in his/her
first academic year at the institution, the student must make satisfactory
academic progress toward a degree or certificate as determined and reported
to the Board by the institution;]
[(2)
if the student is enrolled at a qualifying
institution in any academic year after his/her first academic year, the student:]
[(A)
must have completed at least 75 percent of the hours attempted
in the most recent academic year; and]
[(B)
must have a cumulative grade point average of at least
2.5 on a four-point scale, or the equivalent;]
(b) - (c)
(No change.)
§21.126.Disbursement to Students.
(a)
(No change.)
(b)
Electronically transferred funds
[
(c) - (d)
(No change.)
§21.127. Hardship Provisions [
(a)
In the event of a hardship or for other good cause,
the Program Officer at an eligible institution may allow an otherwise eligible
person to receive a B-On-Time loan while enrolled for an equivalent of less
than full-time but at least six semester hours. Such conditions are not limited
to, but include:
[
(1)
a showing of a severe illness or other
debilitating condition that may affect the student's academic performance;
(2)
an indication that the student is responsible
for the care of a sick, injured, or needy person and that the student's provision
of care may affect his or her academic performance; or
(3)
the requirement of fewer than nine hours
to complete one's degree plan.
[(b)
Hardship and other good cause may be
determined by the Board based upon documented circumstances. The Board may
request assistance from the program officer at the student's institution in
determining whether or not these circumstances warrant exception to the full-time
course load requirement.]
(b)
[
§21.129.Forgiveness of Loans.
A Texas B-On-Time loan shall be forgiven if the student is awarded
an undergraduate degree or certificate from an eligible institution, and the
student either:
(1)
graduated with a B average, or the equivalent of a cumulative
grade point average of at least 3.0 on a four-point scale,
and received
[
(A)
a baccalaureate degree within
four calendar
years after the date the student initially enrolled in an eligible [
(B)
a baccalaureate degree within
five calendar
years
after the date the student initially enrolled in an eligible institution
, if the degree is in architecture, engineering, or any other program
determined by the Board to require more than four years to complete; [
(C)
a degree or certificate from a two-year program within
two calendar years after the date the student initially enrolled in
an eligible
institution
[
(D)
a certificate from a one-year program
within one calendar year after the date the student initially enrolled in
an eligible institution; or
(2)
graduated with a B average, or the equivalent of a cumulative
grade point average of at least 3.0 on a four-point scale, with a total number
of course credit hours, including transfer credit hours and hours earned exclusively
by examination, that is not more than
:
[
(A)
six hours more than the number of credit
hours required to complete a two-year certificate or a baccalaureate degree;
or
(B)
three hours more than the number of credit
hours required to complete a one-year certificate.
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 28, 2004.
TRD-200402818
Jan Greenberg
General Counsel
Texas Higher Education Coordinating Board
Proposed date of adoption: July 15, 2004
For further information, please call: (512) 427-6114
19 TAC §21.174
The Texas Higher Education Coordinating Board proposes amendments
to §21.174, concerning the Teach for Texas Loan Repayment Assistant Program.
Specifically, the proposed amendments would correct an omission in the rules
of certain educators from loan repayment eligibility as mandated in the statute.
Current rules do not include the provision for loan repayment for educators
who are teaching in a community experiencing a shortage of teachers.
Lois Hollis, Assistant Commissioner for Student Services has determined
that for each year of the first five years the amendments are in effect, there
will not be any fiscal implication to state or local government as a result
of enforcing or administering the amended rule.
Ms. Hollis has also determined that for each year of the first five years
the amendments are in effect, the public benefit anticipated as a result of
administering the amended section will be to increase the retention of certified
teachers. There is no effect on small businesses. There is no anticipated
economic cost to persons who are required to comply with the amendments as
proposed. There is no impact on local employment.
Comments on the proposed amendments may be submitted to Lois Hollis, Texas
Higher Education Coordinating Board, P.O. Box 12788; Austin, Texas 78711;
(512) 427-6465; Lois.Hollis@thecb.state.tx.us.
The amendments are proposed under the Texas Education Code, §56.3575
which authorizes the Coordinating Board to adopt rules necessary for the administration
of the Teach for Texas Loan Repayment Assistant Program.
The amendments affect Texas Education Code §§56.351 - 56.359.
§21.174.Eligible Teacher.
To be eligible for loan repayment an individual must:
(1)
be certified in a teaching field identified by the Texas
Education Agency as experiencing a critical shortage of teachers in this state
in the year in which the individual receives the assistance
, and have
for at least one year taught full-time, and be currently teaching full-time
at the preschool, primary, or secondary level in a public school in this state
in that teaching field; or
[
(2)
be a certified educator in the year in which the individual
receives the assistance, and
have for at least one year taught full-time,
and be currently teaching full-time at the preschool, primary, or secondary
level in a public school in this state in
a community identified by the
Texas Education Agency as having an acute shortage of teachers; and
:
[(A)
a teaching field that has been designated
by the Texas Education Agency as having an acute shortage of teachers in the
year for which the teacher receives the assistance; or]
[(B)
in a community that has been designated
as having an acute shortage of teachers by the Texas Education Agency; and]
(3)
(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 28, 2004.
TRD-200402819
Jan Greenberg
General Counsel
Texas Higher Education Coordinating Board
Proposed date of adoption: July 15, 2004
For further information, please call: (512) 427-6114
19 TAC §21.256
The Texas Higher Education Coordinating Board proposes amendments
to §21.256, concerning the Physician Education Loan Repayment Program.
Specifically, the proposed amendments would establish criteria for ranking
applications from physicians who are applying for participation in the program
for the first time and would give continued priority to renewal applicants.
Lois Hollis, Assistant Commissioner for Student Services has determined
that for each year of the first five years the amendments are in effect, there
will not be any fiscal implication to state or local government as a result
of enforcing or administering the amended section.
Ms. Hollis has also determined that for each year of the first five years
the amendments are in effect, the public benefit anticipated as a result of
administering the amended section will be to increase the number of physicians
practicing in underserved areas of Texas. There is no effect on small businesses.
There is no anticipated economic cost to persons who are required to comply
with the amendments as proposed. There is no impact on local employment.
Comments on the proposed amendments may be submitted to Lois Hollis, Texas
Higher Education Coordinating Board, P.O. Box 12788; Austin, Texas 78711;
(512) 427-6465; Lois.Hollis@thecb.state.tx.us.
The amendments are proposed under the Texas Education Code, §61.537
which authorizes the Coordinating Board to adopt rules necessary for the administration
of the Physician Education Loan Repayment Program.
The amendments affect Texas Education Code §§61.531 - 61.539.
§21.256.Priorities of Application Acceptance.
Acceptance of applicants will depend on the availability of funds.
An application deadline will be established each year, at which time the applications
will be grouped according to whether they are renewal or first-time applications.
Renewal applicants will be given priority treatment over first-time
applicants.
If there are not sufficient funds to provide loan repayment
to all qualified applicants in a group, the applications in that group will
be ranked according to the following criteria:
(1)
Service at a non-profit facility;
(2)
Health Professional Shortage Area (HPSA)
score or equivalent;
(3)
Service in an area which has been designated
as a HPSA for more than five years;
(4)
Service in a rural county;
(5)
Full-time service;
(6)
Graduate of a Texas medical school; and
(7)
Current or returning Texas resident.
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 28, 2004.
TRD-200402820
Jan Greenberg
General Counsel
Texas Higher Education Coordinating Board
Proposed date of adoption: July 15, 2004
For further information, please call: (512) 427-6114
19 TAC §§21.281 - 21.288
(Editor's note: The text of the following sections proposed for
repeal will not be published. The sections may be examined in the offices
of the Texas Higher Education Coordinating Board or in the Texas Register
office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
The Texas Higher Education Coordinating Board proposes
the repeal of §§21.281 - 21.288, concerning the Good Neighbor Scholarship
Program. Specifically, this repeal will delete the current subchapter and
all sections within it. The repeal is the result of the Texas Higher Education
Board's review of Chapter 21, which was published in the February 20, 2004,
issue of the
Texas Register
(29 TexReg 1677).
In conducting the review of Chapter 21, and in light of recent legislative
changes in many of the programs administered by the Student Services Division
at this agency, the Office of General Counsel concluded that the advisability
of restructuring many of the rules for ease of reading, and the numerous new
sections, would be more efficiently managed by repealing the whole subchapter
and proposing all new sections.
Lois Hollis, Assistant Commissioner for Student Services has determined
that for each year of the first five years the repeal is in effect, there
will not be any fiscal implication to state or local government as a result
of enforcing or administering the repeal.
Ms. Hollis has also determined that for each year of the first five years
the repeal is in effect, the public benefit anticipated as a result of the
repeal will be to improve and increase access to higher education in the state
of Texas. There is no effect on small businesses. There is no anticipated
economic cost to persons who are required to comply with the repeal as proposed.
There is no impact on local employment.
Comments on the repeal may be submitted to Lois Hollis, Texas Higher Education
Coordinating Board, P.O. Box 12788; Austin, Texas 78711; (512) 427-6465; Lois.Hollis@thecb.state.tx.us.
The repeal is proposed under the Texas Education Code, §54.207,
which states that the Coordinating Board is authorized to formulate and prescribe
a plan governing the admission and distribution of all applicants desiring
to qualify under the provisions of this section.
The repeal affects Texas Education Code, Chapter 54, Subchapter D, §54.207.
§21.281.Purpose.
§21.282.Administration.
§21.283.Authorization.
§21.284.Definitions.
§21.285.Eligible Institution of Higher Education.
§21.286.Designation of Good Neighbor Scholarship Officer.
§21.287.Eligible Student Criteria.
§21.288.Selection Procedures.
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 28, 2004.
TRD-200402822
Jan Greenberg
General Counsel
Texas Higher Education Coordinating Board
Proposed date of adoption: July 15, 2004
For further information, please call: (512) 427-6114
19 TAC §§21.281 - 21.287
The Texas Higher Education Coordinating Board proposes new §§21.281
- 21.287, concerning the Good Neighbor Scholarship Program. Specifically,
the proposed new sections would establish procedures to administer the program
for students from other nations of the American hemisphere, more commonly
known as the Good Neighbor Scholarship Program. The new sections would state
the Board's authority to administer the program, and clarify Board administrative
procedures and the value of awards received through the program.
Lois Hollis, Assistant Commissioner for Student Services has determined
that for each year of the first five years the new sections are in effect,
there will not be any fiscal implication to state or local government as a
result of enforcing or administering the sections.
Ms. Hollis has also determined that for each year of the first five years
the new sections are in effect, the public benefit anticipated as a result
of administering the sections will be to improve and increase access to higher
education in the state of Texas. There is no effect on small businesses. There
is no anticipated economic cost to persons who are required to comply with
the new sections as proposed. There is no impact on local employment.
Comments on the new sections may be submitted to Lois Hollis, Texas Higher
Education Coordinating Board, P.O. Box 12788; Austin, Texas 78711; (512) 427-6465;
Lois.Hollis@thecb.state.tx.us.
The new sections are proposed under the Texas Education Code, §54.207,
which states that the Coordinating Board is authorized to formulate and prescribe
a plan governing the admission and distribution of all applicants desiring
to qualify under the provisions of this section.
The new sections affect Texas Education Code, Chapter 54, Subchapter D, §54.207.
§21.281.Authority and Purpose.
(a)
Authority. Authority for this subchapter is provided in
the Texas Education Code, Subchapter B, Tuition Rates. These rules establish
procedures to administer the program authorized in §54.207, Students
from Other Nations of the American Hemisphere, more commonly known as the
Good Neighbor Scholarship Program.
(b)
Purpose. The purpose of the Good Neighbor Scholarship Program
is to encourage academically talented students from the countries of the Western
(American) hemisphere to pursue higher education in the State of Texas, thus
establishing a beneficial link between the State of Texas and the home countries
of the students.
§21.282.Definitions.
The following words and terms, when used in this subchapter, shall
have the following meanings, unless the context clearly indicates otherwise:
(1)
Board--The Texas Higher Education Coordinating Board.
(2)
Commissioner--The Commissioner of Higher Education, the
Chief Executive Officer of the Board.
(3)
Eligible country--A politically independent nation, other
than Cuba and the United States, located in the Western, or American hemisphere.
(4)
Native-born citizen of an eligible country--A person who
is a citizen of an eligible country and who was born in that country.
(5)
Resident of an eligible country--A person who is a citizen
of a country and has that country as his or her place of home residence and
who intends to return to that country to live immediately after finishing
the educational program for which this scholarship will be used.
(6)
Scholastically qualified--Meets the basic admissions requirements
of the nominating institution and maintains satisfactory progress toward a
degree.
§21.283.Eligible Institutions.
(a)
Texas public institutions of higher education are eligible
to participate in the Good Neighbor Scholarship Program.
(b)
Program Officer. The chief executive officer at each participating
institution shall name the principal international student advisor or another
appropriate person to serve as the Good Neighbor Scholarship Program Officer.
The Program Officer shall certify all scholarship applications and activities
with respect to the Good Neighbor Scholarship Program and shall be responsible
for all related records and reports.
§21.284.Eligible Students.
To be eligible for a Good Neighbor Scholarship a person must:
(1)
be a bona fide native-born citizen and resident of an eligible
country;
(2)
have resided in the Western (American) Hemisphere for a
period of at least five years;
(3)
demonstrate that he or she is scholastically qualified
for admission to the nominating institution;
(4)
not be a member of the Communist Party;
(5)
be recommended for a scholarship by an eligible institution;
and
(6)
not be eligible for a waiver of nonresident tuition fees.
§21.285.Selection Procedures.
Each year eligible institutions may submit scholarship recommendations
(applications) to the Board. Applications for the 12-month awards must be
submitted to the Board no later than March 15.
(1)
Prioritization. Participating institutions will assign
priority numbers to their applicants, so that if all applicants cannot receive
scholarships the Board will know which applicants are given highest priority
by the nominating institutions. Within the confines of the basic allotment
formula the Board will do its best to accommodate institutional priorities.
(2)
Basic allotment. From the pool of valid applications submitted,
the Board shall select:
(A)
up to 10 students per eligible country, plus
(B)
35 students from a Latin American country designated by
the United States Department of State.
(3)
Reallocation of unused scholarships. In the event any nation
fails to have 10 students available and qualified for scholarships or if the
designated country fails to have 35 such students, the Board may allocate
such unused scholarships as determined appropriate, with priority being given
to students from Mexico, except that the total of all scholarships shall not
exceed 235 in a year. If an institution notifies the Board by October 15 of
a selected student's failure to use the offered scholarship, the Board will
offer the scholarships to the first statewide alternate for that country.
Awards canceled after October 15 will be allowed to lapse.
§21.286.Award Amount.
Students selected to receive awards through the Good Neighbor Scholarship
Program may be exempted from the payment of tuition for the 12-month period
beginning with the fall semester following the students' selection as recipients.
§21.287.Dissemination of Information and Rules.
The Board is responsible for publishing and disseminating general information
and program rules for the program described in this subchapter.
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 28, 2004.
TRD-200402821
Jan Greenberg
General Counsel
Texas Higher Education Coordinating Board
Proposed date of adoption: July 15, 2004
For further information, please call: (512) 427-6114
19 TAC §§21.401 - 21.410
(Editor's note: The text of the following sections proposed for
repeal will not be published. The sections may be examined in the offices
of the Texas Higher Education Coordinating Board or in the Texas Register
office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
The Texas Higher Education Coordinating Board proposes
the repeal of §§21.401 - 21.410, concerning the Texas College Work-Study
Program. Specifically, this repeal will delete the current subchapter and
all sections within it. The repeal is the result of the Texas Higher Education
Board's review of Chapter 21, which was published in the February 20, 2004,
issue of the
Texas Register
(29 TexReg 1677).
In conducting the review of Chapter 21, and in light of recent legislative
changes in many of the programs administered by the Student Services Division
at this agency, the Office of General Counsel concluded that the advisability
of restructuring many of the rules for ease of reading, and the numerous new
sections, would be more efficiently managed by repealing the whole subchapter
and proposing all new sections.
Lois Hollis, Assistant Commissioner for Student Services has determined
that for each year of the first five years the repeal is in effect, there
will not be any fiscal implication to state or local government as a result
of enforcing or administering the repeal.
Ms. Hollis has also determined that for each year of the first five years
the repeal is in effect, the public benefit anticipated as a result of administering
the repeal will be to improve and increase access to higher education in the
state of Texas. There is no effect on small businesses. There is no anticipated
economic cost to persons who are required to comply with the repeal as proposed.
There is no impact on local employment.
Comments on the repeal may be submitted to Lois Hollis, Texas Higher Education
Coordinating Board, P.O. Box 12788; Austin, Texas 78711; (512) 427-6465; Lois.Hollis@thecb.state.tx.us.
The repeal is proposed under the Texas Education Code, §56.073,
which states that the Coordinating Board is authorized to administer the Texas
College Work-Study Program.
The repeal affects Texas Education Code, Chapter 56, Subchapter E, §§56.071
- 56.078.
§21.401.Purpose.
§21.402.Delegation of Powers and Duties.
§21.403.Definitions.
§21.404.Advisory Committees.
§21.405.Eligible Institutions.
§21.406.Eligible Students.
§21.407.Eligible Employers.
§21.408.Sources of Funding.
§21.409.Allocation and Disbursement of Funds.
§21.410.Reporting Requirements.
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 28, 2004.
TRD-200402824
Jan Greenberg
General Counsel
Texas Higher Education Coordinating Board
Proposed date of adoption: July 15, 2004
For further information, please call: (512) 427-6114
19 TAC §§21.401 - 21.408
The Texas Higher Education Coordinating Board proposes new §§21.401
- 21.408, concerning the Texas College Work-Study Program. Specifically, the
proposed new sections would implement Texas Education Code §§56.071
- 56.078 and incorporate the general provisions regarding state grant and
scholarship programs (currently Chapter 22, Subchapter A) into the rules so
that they would be a complete, stand-alone document. The new sections would
clarify the source of the Board's authority to administer the program, add
definitions to increase consistency in the interpretation of program rules
and procedures, state the Board's authority to penalize institutions failing
to meet program requirements, and provide institutions more detail regarding
Board procedures in allocating and reallocating funds.
Lois Hollis, Assistant Commissioner for Student Services has determined
that for each year of the first five years the new sections are in effect,
there will not be any fiscal implication to state or local government as a
result of enforcing or administering the sections.
Ms. Hollis has also determined that for each year of the first five years
the new sections are in effect, the public benefit anticipated as a result
of administering the sections will be to improve and increase access to higher
education in the state of Texas. There is no effect on small businesses. There
is no anticipated economic cost to persons who are required to comply with
the new sections as proposed. There is no impact on local employment.
Comments on the new sections may be submitted to Lois Hollis, Texas Higher
Education Coordinating Board, P.O. Box 12788; Austin, Texas 78711; (512) 427-6465;
Lois.Hollis@thecb.state.tx.us.
The new sections are proposed under the Texas Education Code, §56.073,
which states that the Coordinating Board is authorized to administer the Texas
College Work-Study Program.
The new sections affect Texas Education Code, Chapter 56, Subchapter E, §§56.071
- 56.078.
§21.401.Authority and Purpose.
(a)
Authority. Authority for this subchapter is provided in
the Texas Education Code, Chapter 56, Subchapter E. These rules establish
procedures to administer the subchapter as prescribed in the Texas Education
Code, §§56.071 - 56.078.
(b)
Purpose. The purpose of the Texas College Work-Study Program
is to provide eligible students with jobs, funded in part by the State of
Texas, to enable those students to attend eligible institutions of higher
education in Texas.
§21.402.Definitions.
The following words and terms, when used in this subchapter, shall
have the following meanings, unless the context clearly indicates otherwise:
(1)
Board--The Texas Higher Education Coordinating Board.
(2)
Commissioner--The Commissioner of Higher Education, the
Chief Executive Officer of the Board.
(3)
Cost of attendance--A Board-approved estimate of the expenses
incurred by a typical financial aid student in attending a particular college
or university. It includes direct educational costs (tuition, fees, books,
and supplies) as well as indirect costs (room and board, transportation, and
personal expenses).
(4)
Encumbered funds--Program funds that have been offered
to a specific student, which offer the student has accepted, and which may
or may not have been disbursed to the student.
(5)
Expected family contribution--The amount of discretionary
income that should be available to a student from his or her resources and
that of his or her family, as determined following the federal methodology.
(6)
Financial need--The cost of attendance at a particular
public or private institution of higher education less the expected family
contribution. The cost of attendance and family contribution are to be determined
in accordance with Board guidelines.
(7)
Half-time student--For undergraduates, a person who is
enrolled or is expected to be enrolled for the equivalent of six or more semester
credit hours. For graduate students, a person who is enrolled or is expected
to be enrolled for the equivalent of 4.5 or more semester credit hours.
(8)
Program Officer--The individual named by each participating
institution's chief executive officer to serve as agent for the Board. The
Program Officer has primary responsibility for all ministerial acts required
by the program, including maintenance of all records and preparation and submission
of reports reflecting program transactions. Unless otherwise indicated by
the administration, the director of student financial aid shall serve as Program
Officer.
(9)
Resident of Texas--A resident of the State of Texas as
determined in accordance with Subchapter B of this chapter (relating to Determining
Residence Status). Nonresident students who are eligible to pay resident tuition
rates are not residents of Texas.
§21.403.Institutions.
(a)
Eligibility.
(1)
Any public, private, or independent institution of higher
education as defined by Texas Education Code, §61.003, except a theological
or religious seminary, is eligible to participate in the program.
(2)
No institution may, on the grounds of race, color, national
origin, gender, religion, age, or disability exclude an individual from participation
in, or deny the benefits of the program described in this subchapter.
(3)
Each participating institution must follow the Civil Rights
Act of 1964, Title VI (Public Law 88-353) in avoiding discrimination in admissions.
(b)
Approval.
(1)
Agreement. Each approved institution must enter into an
agreement with the Board, the terms of which shall be prescribed by the Commissioner.
(2)
Approval Deadline. An institution must be approved by April
1 in order for qualified students enrolled in that institution to be eligible
to receive grants in the following fiscal year.
(c)
Responsibilities.
(1)
Probation Notice. If the institution is placed on public
probation by its accrediting agency, it must immediately advise work-study
award recipients of this condition and maintain evidence in each student's
file to demonstrate that the student was so informed.
(2)
Disbursements to Students.
(A)
Documentation. The institution must maintain records to
prove the receipt of program funds by the student or the crediting of such
funds to the student's school account.
(B)
Procedures in Case of Illegal Disbursements. If the Commissioner
has reason for concern that an institution has disbursed funds for unauthorized
purposes, the Board will notify the Program Officer and financial aid director
and offer an opportunity for a hearing pursuant to the procedures outlined
in Chapter 1 of this title (relating to Agency Administration). Thereafter,
if the Board determines that funds have been improperly disbursed, the institution
shall become primarily responsible for restoring the funds to the Board. No
further disbursements of work-study funds shall be permitted to students at
that institution until the funds have been repaid.
(3)
Reporting.
(A)
Requirements/Deadlines. All institutions must meet Board
reporting requirements in a timely fashion. Such reporting requirements shall
include reports specific to allocation and reallocation of grant funds (including
the Financial Aid Database Report) as well as progress and year-end reports
of program activities.
(B)
Penalties for Late Reports.
(i)
An institution that postmarks or electronically submits
a progress report a week or more after its due date will be ineligible to
receive additional funding through the reallocation occurring at that time.
(ii)
The Commissioner may penalize an institution by reducing
its allocation of funds in the following year by up to 10 percent for each
progress report that is postmarked or submitted electronically more than a
week late.
(iii)
The Commissioner may assess more severe penalties against
an institution if any report is received by the Board more than one month
after its due date. The maximum penalty for a single year is 30 percent of
the school's allocation. If penalties are invoked in two consecutive years
the institution may be penalized an additional 20 percent.
(C)
Appeal of Penalty. If the Commissioner determines that
a penalty is appropriate, the institution will be notified by certified mail,
addressed to the Program Officer and copied to the financial aid director.
Within 21 days from the time that the Program Officer receives the written
notice, the institution must submit a written response appealing the Board's
decision, or the penalty shall become final and no longer subject to an appeal.
An appeal under this section will be conducted in accordance with the rules
provided in Chapter 1 of this title.
(4)
Program Reviews. If selected for such by the Board, participating
institutions must submit to program reviews of activities related to the Texas
College Work-Study Program.
§21.404.Eligible Students.
(a)
To be eligible for employment in the work-study program
a person must:
(1)
be a Texas resident as defined by Board rules;
(2)
be enrolled for at least the number of hours required of
a half-time student, and be seeking a degree or certification in an eligible
institution; and
(3)
establish financial need in accordance with Board procedures.
(b)
A person is not eligible to participate in the work-study
program if the person:
(1)
concurrently receives an athletic scholarship;
(2)
is enrolled in a seminary or other program leading to ordination
or licensure to preach for a religious sect or to be a member of a religious
order.
§21.405.Eligible Employers.
An eligible institution may enter into agreements with outside employers
to participate in the program. To be eligible to participate, an employer
must:
(1)
provide part-time employment to an eligible student in
nonpartisan and nonsectarian activities;
(2)
provide, insofar as is practicable, employment to an eligible
student that is related to the student's academic interests;
(3)
use Texas college work-study program positions only to
supplement and not to supplant positions normally filled by persons not eligible
to participate in the work-study program; and
(4)
provide not less than 30 percent of an employed student's
wages and 100 percent of other employee benefits for the employed student
from sources other than federal college work-study program funds, if the employer
is a nonprofit entity; or
(5)
provide not less than 50 percent of an employed student's
wages and 100 percent of other employee benefits for the employed student,
if the employer is a profit-making entity.
§21.406.Award Amounts and Uses.
(a)
Funding. Funds awarded through this program may not exceed
the amount appropriated by the Legislature for that purpose, plus matching
funds provided by the students' employers.
(b)
Award Amount. No award amount shall exceed a student's
financial need.
(c)
Uses. No work-study funds earned through this program may
be used for any purpose other than for meeting the cost of attending an approved
institution.
(d)
Over awards. If, at a time after an award has been offered
by the institution and accepted by the student, the student receives assistance
that was not taken into account in the student's estimate of financial need,
so that the resulting sum of assistance exceeds the student's financial need,
the institution is not required to adjust the award under this program unless
the sum of the excess resources is greater than $300.
§21.407.Allocation and Disbursement of Funds.
(a)
Allocations. The Board shall allocate work-study funds
to participating institutions in proportion to the financial need of the students
at each school. At the beginning of each year or upon request by the institution,
the year's full allocation or funds needed for immediate disbursement to students
will be provided to each participating institution for use in reimbursing
students for their work.
(b)
Reallocations. Institutions will have until a date specified
by the Board via a policy memo addressed to the Program Officer at the institution
to encumber all funds allocated to them. On that date, institutions lose claim
to their unencumbered funds and the unencumbered funds are available to the
Board for reallocation to other institutions. If necessary for ensuring the
full use of funds, subsequent reallocations may be scheduled until all funds
are awarded and disbursed
(c)
Unless given specific permission by the Board to use funds
for summer awards, schools will be required to utilize their state work-study
funds for employment during the nine-month academic year (fall and spring
terms).
§21.408.Dissemination of Information and Rules.
The Board is responsible for publishing and disseminating general information
and program rules for the program described in this subchapter.
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 28, 2004.
TRD-200402823
Jan Greenberg
General Counsel
Texas Higher Education Coordinating Board
Proposed date of adoption: July 15, 2004
For further information, please call: (512) 427-6114
19 TAC §21.560
The Texas Higher Education Coordinating Board proposes amendments
to §21.560, concerning the Dental Education Loan Repayment Program. Specifically,
the proposed amendments would update the authority and purpose of the program.
Lois Hollis, Assistant Commissioner for Student Services has determined
that for each year of the first five years the amendments are in effect, there
will not be any fiscal implication to state or local government as a result
of enforcing or administering the amended section.
Ms. Hollis has also determined that for each year of the first five years
the amendments are in effect, the public benefit anticipated as a result of
administering the amended section will be to increase the number of dentists
practicing in underserved areas of Texas. There is no effect on small businesses.
There is no anticipated economic cost to persons who are required to comply
with the amendments as proposed. There is no impact on local employment.
Comments on the proposed amendments may be submitted to Lois Hollis, Texas
Higher Education Coordinating Board, P.O. Box 12788; Austin, Texas 78711;
(512) 427-6465; Lois.Hollis@thecb.state.tx.us.
The amendments are proposed under the Texas Education Code, §61.908
which authorizes the Coordinating Board to adopt rules necessary for the administration
of the Dental Education Loan Repayment Program.
The amendments affect Texas Education Code §§61.901 - 61.910.
§21.560. Authority and Purpose.
(a)
Authority. Authority for this subchapter
is provided in the Texas Education Code, Chapter 61, Subchapter T, Repayment
of Certain Dental Education Loans. These rules establish procedures to administer
the subchapter as prescribed in the Texas Education Code, §§61.901
- 61.910.
(b)
The purpose of the Dental Education Loan Repayment
Program is to recruit and retain qualified dentists to provide dental services
in areas of the state that are underserved with respect to dental care.
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 28, 2004.
TRD-200402825
Jan Greenberg
General Counsel
Texas Higher Education Coordinating Board
Proposed date of adoption: July 15, 2004
For further information, please call: (512) 427-6114
19 TAC §§21.710, 21.711, 21.714
The Texas Higher Education Coordinating Board proposes amendments
to §§21.710, 21.711, and 21.714, concerning the Education Loan Repayment
Program for Attorneys Employed by the Office of the Attorney General. Specifically,
the proposed amendments would update the rules to be consistent with current
legislation by changing the program from a loan repayment/loan forgiveness
program to a loan repayment program only.
Lois Hollis, Assistant Commissioner for Student Services has determined
that for each year of the first five years the amendments are in effect, there
will not be any fiscal implication to state or local government as a result
of enforcing or administering the amended sections.
Ms. Hollis has also determined that for each year of the first five years
the amendments are in effect, the public benefit anticipated as a result of
administering the amended sections will be to increase the retention of attorneys
employed by the Attorney General's Office. There is no effect on small businesses.
There is no anticipated economic cost to persons who are required to comply
with the amendments as proposed. There is no impact on local employment.
Comments on the proposed amendments may be submitted to Lois Hollis, Texas
Higher Education Coordinating Board, P.O. Box 12788; Austin, Texas 78711;
(512) 427-6465; Lois.Hollis@thecb.state.tx.us.
The amendments are proposed under the Texas Education Code, §61.9729,
which authorizes the Coordinating Board to adopt rules necessary for the administration
of Subchapter DD of the Texas Education Code, concerning the Repayment of
Certain Education Loans Owed by Certain State Attorneys.
The amendments affect Texas Education Code §§61.9729 - 61.9732.
§21.710.Authority, Scope, and Purpose.
(a)
Authority. Authority for this subchapter is provided in
the Texas Education Code, Subchapter X, Repayment of Certain Education Loans
Owed by Certain State Attorneys. These rules establish procedures to administer
the program as prescribed in the Texas Education Code,
§§61.9721
- 61.9732
[
(b)
(No change.)
(c)
Purpose. This subchapter establishes guidelines for administering
the program for the purpose of recruiting[
§21.711.Definitions.
The following words and terms, when used in this subchapter, shall
have the following meanings, unless the context clearly indicates otherwise:
(1) - (3)
(No change.)
(4)
Program--The [
(5)
(No change.)
§21.714.Eligible Attorney.
To be eligible for loan repayment, an applicant must:
(1) - (2)
(No change.)
(3)
have been
[
[(4)
sign an agreement to serve as an attorney
in the Attorney General's Office for at least three consecutive years, and]
[(5)
sign a promissory note promising to repay
all loan repayments made if the three years of service are not completed.]
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 28, 2004.
TRD-200402826
Jan Greenberg
General Counsel
Texas Higher Education Coordinating Board
Proposed date of adoption: July 15, 2004
For further information, please call: (512) 427-6114
19 TAC §21.717 - 21.722
(Editor's note: The text of the following sections proposed for
repeal will not be published. The sections may be examined in the offices
of the Texas Higher Education Coordinating Board or in the Texas Register
office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
The Texas Higher Education Coordinating Board proposes
the repeal of §§21.717 - 21.722, concerning the Conditional Loan
Repayment Program for Attorneys Employed by the Office of the Attorney General.
Specifically, this repeal will delete the current sections. The repeal is
the result of the Texas Higher Education Board's review of Chapter 21, which
was published in the February 20, 2004, issue of the
Texas Register
(29 TexReg 1677). In conducting the review of Chapter
21 and in light of recent legislative changes in many of the programs administered
by the Student Services Division at this agency, the Office of General Counsel
concluded that the advisability of restructuring many of the rules for ease
of reading, and the numerous new sections, would be more efficiently managed
by repealing these sections and proposing a new §21.717.
Lois Hollis, Assistant Commissioner for Student Services has determined
that for each year of the first five years the repeal is in effect, there
will not be any fiscal implication to state or local government as a result
of enforcing or administering the repeal.
Ms. Hollis has also determined that for each year of the first five years
the repeal is in effect, the public benefit anticipated as a result of administering
the repeal will be to increase the retention of attorneys employed by the
Attorney General's Office. There is no effect on small businesses. There is
no anticipated economic cost to persons who are required to comply with the
repeal as proposed. There is no impact on local employment.
Comments on the repeal may be submitted to Lois Hollis, Texas Higher Education
Coordinating Board, P.O. Box 12788; Austin, Texas 78711; (512) 427-6465; Lois.Hollis@thecb.state.tx.us.
The repeal is proposed under the Texas Education Code, §61.9729,
which authorizes the Coordinating Board to adopt rules necessary for the administration
of Subchapter DD of the Texas Education Code, concerning the Repayment of
Certain Education Loans Owed by Certain State Attorneys.
The repeal affects Texas Education Code §§61.9729 - 61.9732.
§21.717.Conditions of Loan Repayment(s) and Noncompliance.
§21.718.Terms of Loans.
§21.719.Forbearance.
§21.720.Enforcement of Collections.
§21.721.Provisions for Disability and Death.
§21.722.Advisory Committee.
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 28, 2004.
TRD-200402827
Jan Greenberg
General Counsel
Texas Higher Education Coordinating Board
Proposed date of adoption: July 15, 2004
For further information, please call: (512) 427-6114
19 TAC §21.717
The Texas Higher Education Coordinating Board proposes new §21.717,
concerning the Education Loan Repayment Program for Attorneys Employed by
the Office of the Attorney General. Specifically, the proposed new section
would update the rules to be consistent with current legislation by changing
the program from a loan repayment/loan forgiveness program to a loan repayment
program only.
Lois Hollis, Assistant Commissioner for Student Services has determined
that for each year of the first five years the new section is in effect, there
will not be any fiscal implication to state or local government as a result
of enforcing or administering the section.
Ms. Hollis has also determined that for each year of the first five years
the new section is in effect, the public benefit anticipated as a result of
administering the section will be to increase the retention of attorneys employed
by the Attorney General's Office. There is no effect on small businesses.
There is no anticipated economic cost to persons who are required to comply
with the new section as proposed. There is no impact on local employment.
Comments on the new section may be submitted to Lois Hollis, Texas Higher
Education Coordinating Board, P.O. Box 12788; Austin, Texas 78711; (512) 427-6465;
Lois.Hollis@thecb.state.tx.us.
The new section is proposed under the Texas Education Code, §61.9729,
which authorizes the Coordinating Board to adopt rules necessary for the administration
of Subchapter DD of the Texas Education Code, concerning the Repayment of
Certain Education Loans Owed by Certain State Attorneys.
The new section affects Texas Education Code §§61.9729 - 61.9732.
§21.717.Advisory Committee.
The Commissioner may appoint an advisory committee from outside the
Board's membership and may request assistance in performing the duties herein
from the State Bar of Texas and the Attorney General's Office.
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 28, 2004.
TRD-200402828
Jan Greenberg
General Counsel
Texas Higher Education Coordinating Board
Proposed date of adoption: July 15, 2004
For further information, please call: (512) 427-6114
19 TAC §§21.740 - 21.749
(Editor's note: The text of the following sections proposed for
repeal will not be published. The sections may be examined in the offices
of the Texas Higher Education Coordinating Board or in the Texas Register
office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
The Texas Higher Education Coordinating Board proposes
the repeal of §§21.740 - 21.749, Subchapter X, concerning Incentive
Grants for Professional Nursing Student Retention, in its entirety. Specifically,
this repeal will delete current Subchapter X, concerning Incentive Grants
for Professional Nursing Student Retention, and all sections within it. The
repeal is the result of the Texas Higher Education Board's review of Chapter
21, which was published in the February 20, 2004, issue of the
Texas Register
(29 TexReg 1677). Although the program was created by
the Advisory Committee for Professional Nursing Financial Aid Programs in
keeping with its statutory assignment to advise the Board on how funds are
to be used, it has been determined that the program lies outside the purview
of statutory authority and that the program should be discontinued.
Lois Hollis, Assistant Commissioner for Student Services, has determined
that there will not be any fiscal implications to state or local government
as a result of the repeal.
Ms. Hollis has also determined that for each year of the first five years
that the repeal is in effect, there will be no public benefit anticipated.
There is no effect on small businesses. There is no anticipated economic cost
to persons who are required to comply with the repeal. There is no impact
on local employment.
Comments on the proposal may be submitted to Lois Hollis, P.O. Box 12788,
Austin, Texas 78711, (512) 427-6465, Lois.Hollis@thecb.state.tx.us. Comments
will be accepted for 30 days following publication of the proposal in the
The Office of General Counsel at the Texas Higher Education Coordinating
Board has determined that there is no statutory authority for this program
at this time.
The Office of General Counsel at the Texas Higher Education Coordinating
Board has determined that there is no statutory authority for this program
at this time.
§21.740.Purpose.
§21.741.Administration.
§21.742.Delegation of Powers and Duties.
§21.743.Definitions.
§21.744.Eligible Institutions.
§21.745.Advisory Committee.
§21.746.Incentive Grants Proposals.
§21.747.Funding.
§21.748.Dissemination of Information.
§21.749.Program Evaluation and Review Requirements.
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 28, 2004.
TRD-200402829
Jan Greenberg
General Counsel
Texas Higher Education Coordinating Board
Proposed date of adoption: July 15, 2004
For further information, please call: (512) 427-6114
19 TAC §§21.770 - 21.779
(Editor's note: The text of the following sections proposed for
repeal will not be published. The sections may be examined in the offices
of the Texas Higher Education Coordinating Board or in the Texas Register
office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
The Texas Higher Education Coordinating Board proposes
the repeal of §§21.770 - 21.779, Subchapter Y, concerning Incentive
Grants for Vocational Nursing Student Retention, in its entirety. Specifically,
this repeal will delete current Subchapter Y, concerning Incentive Grants
for Vocational Nursing Student Retention, and all sections within it. The
repeal is the result of the Texas Higher Education Board's review of Chapter
21, which was published in the February 20, 2004, issue of the
Texas Register
(29 TexReg 1677). Although the program was created by
the Advisory Committee for Professional Nursing Financial Aid Programs in
keeping with its statutory assignment to advise the Board on how funds are
to be used, it has been determined that the program lies outside the purview
of statutory authority and that the program should be discontinued.
Lois Hollis, Assistant Commissioner for Student Services, has determined
that there will not be any fiscal implications to state or local government
as a result of the repeal.
Ms. Hollis has also determined that for each year of the first five years
that the repeal is in effect, there will be no public benefit anticipated.
There is no effect on small businesses. There is no anticipated economic cost
to persons who are required to comply with the repeal. There is no impact
on local employment.
Comments on the proposal may be submitted to Lois Hollis, P.O. Box 12788,
Austin, Texas 78711, (512) 427-6465, Lois.Hollis@thecb.state.tx.us. Comments
will be accepted for 30 days following publication of the proposal in the
The Office of General Counsel at the Texas Higher Education Coordinating
Board has determined that there is no statutory authority for this program
at this time.
The Office of General Counsel at the Texas Higher Education Coordinating
Board has determined that there is no statutory authority for this program
at this time.
§21.770.Purpose.
§21.771.Administration.
§21.772.Delegation of Powers and Duties.
§21.773.Definitions.
§21.774.Eligible Institutions.
§21.775.Advisory Committee.
§21.776.Incentive Grant Proposals.
§21.777.Funding.
§21.778.Dissemination of Information.
§21.779.Program Evaluation and Review Requirements.
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 28, 2004.
TRD-200402830
Jan Greenberg
General Counsel
Texas Higher Education Coordinating Board
Proposed date of adoption: July 15, 2004
For further information, please call: (512) 427-6114
19 TAC §§21.950 - 21.960
(Editor's note: The text of the following sections proposed for
repeal will not be published. The sections may be examined in the offices
of the Texas Higher Education Coordinating Board or in the Texas Register
office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
The Texas Higher Education Coordinating Board proposes
the repeal of §§21.950 - 21.960, concerning the Early High School
Graduation Scholarship Program. Specifically, this repeal will delete the
current subchapter and all sections within it. The repeal is the result of
the Texas Higher Education Board’s review of Chapter 21, which was posted
in the
Texas Register
on February 20, 2004.
In conducting the review of Chapter 21, and in light of recent legislative
changes in many of the programs administered by the Student Services Division
at this agency, the Office of General Counsel concluded that the advisability
of restructuring many of the rules for ease of reading, and the numerous new
sections, would be more efficiently managed by repealing the whole subchapter
and proposing all new sections.
Ms. Lois Hollis, Assistant Commissioner for Student Services has determined
that for each year of the first five years the repeal is in effect, there
will not be any fiscal implication to state or local government as a result
of enforcing or administering the rules.
Ms. Hollis has also determined that for each year of the first five years
the repeal is in effect, the public benefit anticipated as a result of administering
the section will be to improve and increase access to higher education in
the state of Texas. There is no effect on small businesses. There is no anticipated
economic cost to persons who are required to comply with the section as proposed.
There is no impact on local employment.
Comments on the repeal may be submitted to Ms. Lois Hollis, Texas Higher
Education Coordinating Board, P.O. Box 12788; Austin, Texas 78711; (512) 427-6465.
Lois.Hollis@thecb.state.tx.us
The repeal is proposed under the Texas Education Code, §56.209,
which states that the Coordinating Board is authorized to adopt rules to administer
the Early High School Graduation Scholarship Program.
The repeal affects Texas Education Code, Chapter 56, Subchapter K, §§56.202
- 56.209.
§21.950.Authority and Purpose.
§21.951.Delegation of Powers and Duties.
§21.952.Definitions.
§21.953.Eligible Institutions.
§21.954.Eligibility.
§21.955.Source of Funding.
§21.956.Award Amounts.
§21.957.Awarding of Scholarships.
§21.958.Refunds.
§21.959.Reporting Requirements.
§21.960.Hardship Extensions.
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 28, 2004.
TRD-200402832
Jan Greenberg
General Counsel
Texas Higher Education Coordinating Board
Proposed date of adoption: July 15, 2004
For further information, please call: (512) 427-6114
19 TAC §§21.950 - 21.960
The Texas Higher Education Coordinating Board proposes new §§21.950
- 21.960, concerning the Early High School Graduation Scholarship Program.
Specifically, the new sections would incorporate institutional eligibility
requirements comparable to those found in rules for other state grant and
scholarship programs. The new sections would state the Board’s authority
to penalize institutions failing to meet program requirements and provide
institutions more detail regarding Board procedures in processing applications
and requests for reimbursement.
Ms. Lois Hollis, Assistant Commissioner for Student Services has determined
that for each year of the first five years the new sections are in effect,
there will not be any fiscal implication to state or local government as a
result of enforcing or administering the rules.
Ms. Hollis has also determined that for each year of the first five years
the new sections are in effect, the public benefit anticipated as a result
of administering the sections will be to improve and increase access to higher
education in the state of Texas. There is no effect on small businesses. There
is no anticipated economic cost to persons who are required to comply with
the sections as proposed. There is no impact on local employment.
Comments on the new sections may be submitted to Ms. Lois Hollis, Texas
Higher Education Coordinating Board, P.O. Box 12788; Austin, Texas 78711;
(512) 427-6465. Lois.Hollis@thecb.state.tx.us
The new sections are proposed under the Texas Education Code, §56.209,
which states that the Coordinating Board is authorized to adopt rules to administer
the Early High School Graduation Scholarship Program.
The repeal affects Texas Education Code, Chapter 56, Subchapter K, §§56.202
- 56.209.
§21.950.Authority and Purpose.
(a)
Authority. Authority for this subchapter is provided in
the Texas Education Code, Subchapter K, Early High School Graduation Scholarship
Program. These rules establish procedures to administer the subchapter
as prescribed in the Texas Education Code, §§56.201 - 56.209.
(b)
Purpose. The purpose of the Early High School Graduation
Scholarship Program is to increase the efficiency of the Foundation School
Program and provide financial assistance to eligible students.
§21.951.Definitions.
The following words and terms, when used in this subchapter, shall
have the following meanings, unless the context clearly indicates otherwise:
(1)
Board--The Texas Higher Education Coordinating Board.
(2)
Commissioner--The Commissioner of Higher Education, the
Chief Executive Officer of the Board.
(3)
High school graduate--An individual who has completed the
requisite number of units, the prescribed courses, the examinations and other
requirements and has received, or is eligible to receive, a high school diploma
from a public high school in Texas.
(4)
Institutional aid--Funds which have not originated from
any government source.
(5)
Program Officer--The individual named by each participating
institution’s chief executive officer to serve as agent for the Board.
The Program Officer is responsible for all activities with respect to the
program, including all records and reports reflecting program transactions.
Unless otherwise indicated by the administration, the director of student
financial aid shall serve as Program Officer.
(6)
Resident of Texas--A resident of the State of Texas as
determined in accordance with Chapter 21, Subchapter B, of this title (relating
to Determining Residence Status). Nonresident students who are eligible to
pay resident tuition rates are not residents of Texas.
§21.952.Institutions.
(a)
Eligibility.
(1)
Any public institution of higher education as defined by
Texas Education Code, §61.003, is eligible to participate in the Early
High School Graduation Scholarship Program. Private or independent institutions
as defined by Texas Education Code, §61.003, are eligible only if they
agree to provide scholarship recipients with at least an equal amount of institutional
aid.
(2)
No institution may, on the grounds of race, color, national
origin, gender, religion, age or disability exclude an individual from participation
in, or deny the benefits of the program described in this subchapter.
(3)
Each participating institution must follow the Civil Rights
Act of 1964, Title VI (Public Law 88-353) in avoiding discrimination in admissions.
(b)
Approval.
(1)
Agreement. Each approved institution must enter into an
agreement with the Board, the terms of which shall be prescribed by the Commissioner.
(2)
Approval Deadline. An institution must be approved by April
1 in order for qualified students enrolled in that institution to be eligible
to receive grants in the following fiscal year.
(c)
Responsibilities.
(1)
Probation Notice. If the institution is placed on probation
by its accrediting agency, it must immediately advise scholarship recipients
of this condition and maintain evidence in each student’s file to demonstrate
that the student was so informed.
(2)
Disbursements to Students.
(A)
Documentation. The institution must maintain records to
prove the receipt of program funds by the student or the crediting of such
funds to the student’s school account.
(B)
Procedures in Case of Illegal Disbursements. If the Commissioner
has reason for concern that and institution has disbursed funds for unauthorized
purposes, the Board will notify the Program Officer and financial aid director
and offer an opportunity for a hearing pursuant to the procedures outlined
in Chapter 1 of this title (relating to Agency Administration). Thereafter,
if the Board determines that funds have been improperly disbursed, the institution
shall become primarily responsible for restoring the funds to the Board. No
further disbursements of scholarships shall be permitted to students at that
institution until the funds have been repaid.
(3)
Reporting. Each participating institution must meet Board
reporting requirements, in particular the submission of the Financial Aid
Database Report, in a timely fashion.
(4)
Program Reviews. If selected for such by the Board, participating
institutions must agree to submit to program reviews of activities related
to the Early High School Graduation Scholarship Program.
§21.953.Eligible Students.
(a)
To receive an award through the Early High School Graduation
Scholarship Program, a student who graduated from high school before September
1, 2003 must:
(1)
be a resident of Texas;
(2)
graduate from a Texas public high school within thirty-six
months of his/her original enrollment, having completed all years of high
school in Texas;
(3)
have written approval to graduate early from a parent or
person standing in parental relation to the student; and
(4)
not be a recipient of $1000 through the Tuition Credit
Program in operation in 1993 and 1994.
(b)
To receive an award through the Early High School Graduation
Scholarship Program, a student who graduated from high school after September
1, 2003 must:
(1)
be a resident of Texas;
(2)
have attended high school only in Texas;
(3)
have successfully completed the Recommended or Advanced
High School Program established under Texas Education Code, §28.025,
unless the principal or other authorized representative of the student’s
high school indicates on the student’s transcript and exemption program
application that the courses in the Recommended or Advanced High School Program
which the student did not complete were unavailable to the student at the
appropriate time in his or her high school career because of:
(A)
course scheduling;
(B)
lack of enrollment capacity; or
(C)
another cause not within the person’s control, an
explanation for which is provided on the transcript by the official;
(4)
have graduated:
(A)
in not more than 41 consecutive months, in which case the
student must provide written approval of a parent or person standing in parental
relation to the student; or
(B)
in not more than 46 consecutive months, if the student
graduated with at least 30 hours of college credit.
(5)
A student’s eligibility to receive a tuition credit
under the Early High School Graduation Scholarship Program begins with the
first regular semester or term following the student’s graduation, exclusive
of summer sessions that immediately follow the student’s graduation.
A student’s eligibility to receive a tuition credit under the program
ends six years after it begins, unless the student seeks and is granted an
extension under §21.960 of this title (relating to Hardship Extensions).
§21.954.The Application and Awarding Process.
(a)
Application forms and instructions developed by the Board
will be distributed primarily through school district offices throughout the
state. The Board will also provide them to financial aid offices of approved
institutions, and students will be able to request the forms directly from
the Board.
(b)
The application has three parts. It must be completed and
signed by the high school counselor or principal on behalf of the student
applicant.
(1)
Parts I and III are to be completed for all applicants
who graduated prior to September 1, 2003.
(2)
Parts I, II, and III are to be completed for all applicants
who graduated after September 1, 2003.
(c)
High school counselors or principals are to send the completed
and signed applications to the Board for processing.
(d)
Applications will be processed by the Board as they are
submitted by the high schools.
(e)
As soon as possible after processing applications, the
Board will notify the relevant institutions, students and school districts
of the students’ eligibility for awards.
(f)
Institutions must confirm that the student is a resident
of Texas before they can grant a scholarship through the program outlined
in this subchapter.
(g)
If the student chooses to attend an institution other than
the one indicated in the application, he or she should advise the Board of
the change and the Board will send the new institution a letter of eligibility
and an award may be made at that institution after the student’s residency
is confirmed.
§21.955.Source of Funding.
Amounts sufficient to reimburse colleges for scholarships awarded to
students who meet the eligibility requirements of the program will be drawn
from funds appropriated for Foundation School Program allocations and transferred
to the Board by the Commissioner of Education.
§21.956.Award Amounts and Processing Cycle.
(a)
Amounts for students graduating prior to September 1, 2003.
(1)
The aggregate amount of state tuition credit that shall
be awarded to a student through this program may not exceed the least of:
(A)
$1,000; or
(B)
the sum of $1,000 minus the amount the student received
through the Tuition Credit Program; or
(C)
for students attending eligible private or independent
institutions of higher education, the amount of institutional tuition gift
assistance that the institution agrees to offer during the same enrollment
period to match the state award.
(2)
If a tuition and fee credit awarded through the Early High
School Graduation Scholarship Program is more than the amount of the student’s
first semester’s tuition plus, if applicable, mandatory fees, the balance
of the student's award may be used in subsequent semesters.
(3)
A disbursement in any given term or semester may be applied
only to reduce the student’s tuition for any courses taken, except that
students enrolled in continuing education courses for which the institution
does not receive state funding may not use their tuition credit for such courses.
(b)
For students whose graduation date is after September 1,
2003:
(1)
the aggregate amount of tuition credit that may be awarded
to a student through this program is:
(A)
$2,000 if the student completed the Recommended or Advanced
High School Program and graduated from high school in 36 consecutive months
or less and an additional $1,000 if the person graduated with at least 15
hours of college credit; or
(B)
$500 if the student completed the Recommended or Advanced
High School Program and graduated from high school in more than 36 consecutive
months but not more than 41 consecutive months and an additional $1,000 if
the person graduated with at least 30 hours of college credit; or
(C)
$1,000 if the student completed the Recommended or Advanced
High School Program and graduated from high school in more than 41 consecutive
months but not more than 46 consecutive months with at least 30 hours of college
credit.
(D)
A student who is attending a private or independent institution
may not receive a greater state tuition credit in any enrollment period than
the amount of institutional aid that is provided by the institution and credited
in the same manner, during that enrollment period.
(2)
The tuition credit award may be applied to reduce the student’s
tuition and mandatory fees for any courses taken, except that students enrolled
in continuing education courses for which the institution does not receive
state funding may not use their tuition credit for such courses.
(c)
Form of Award--Exemption or Reimbursement.
(1)
If applications are processed and announced in time, institutions
should exempt recipients from the payment of relevant charges and then request
reimbursement from the Board.
(2)
If applications are processed and/or announced too late
for the student to be exempted from such payments at registration, the student
may be required to pay these charges first, and then be reimbursed by the
institution when reimbursement funds are received from the Board.
§21.957.Reimbursements.
(a)
Source of Funding. The funds used to reimburse institutions
or students for awards made through the Early High School Graduation Scholarship
program will come from the state’s Foundation School Fund.
(b)
Requesting Reimbursements. To request reimbursement for
student awards, institutions must complete and submit a Request for Reimbursement
Form designed and distributed by the Board. Such forms must be submitted to
the Board with sufficient documentation (student billing information) to confirm
that the requests are being made for authorized charges.
(c)
Disbursements by the Board. The Board will process institutional
Requests for Reimbursement at least once a month and will subsequently have
appropriate amounts transferred to institutions by the State Comptroller’s
office. Such funds are to be used by the institutions either to reimburse
itself (if it exempted the students from the payment of the relevant charges)
or to reimburse students for the relevant charges they paid to the institution.
(d)
Transfers from the Foundation Program. At least once a
year the Board will request a transfer of funds from the foundation school
fund for use in reimbursing institutions or students for their Early High
School Graduation Scholarship program awards.
§21.958.Refunds.
The institution attended by an Early High School Graduation Scholarship
program award recipient who withdraws from a class or drops classes during
the term for which the award was made will be expected to make a refund to
the Early High School Graduation Scholarship Program for an amount calculated
in accordance with the institution’s general refund policies.
§21.959.Hardship Provisions.
An otherwise eligible student who graduated from high school on or
after September 1, 2003, and who is unable to use his or her scholarship within
the allotted six years may petition the Board for an extension. Such extensions,
not to exceed one year, may be granted on the basis of hardships or other
good causes, including but not limited to:
(1)
a severe illness or other debilitating condition; or
(2)
responsibility for the care of a sick, injured, or needy
person.
§21.960.Dissemination of Information and Rules.
The Board is responsible for publishing and disseminating general information
and program rules for the program described in this subchapter.
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 28, 2004.
TRD-200402831
Jan Greenberg
General Counsel
Texas Higher Education Coordinating Board
Proposed date of adoption: July 15, 2004
For further information, please call: (512) 427-6114
19 TAC §§21.990 - 21.999
(Editor's note: The text of the following sections proposed for
repeal will not be published. The sections may be examined in the offices
of the Texas Higher Education Coordinating Board or in the Texas Register
office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
The Texas Higher Education Coordinating Board proposes
the repeal of §§21.990 - 21.999, concerning the Texas National Student
Exchange Program. Specifically, this repeal will delete the current subchapter
and all sections within it. The repeal is the result of the Texas Higher Education
Board’s review of Chapter 21, which was posted in the
Texas Register
on February 20, 2004. In conducting the review of Chapter
21, and in light of recent legislative changes in many of the programs administered
by the Student Services Division at this agency, the Office of General Counsel
concluded that the advisability of restructuring many of the rules for ease
of reading, and the numerous new sections, would be more efficiently managed
by repealing the whole subchapter and proposing all new sections.
Ms. Lois Hollis, Assistant Commissioner for Student Services has determined
that for each year of the first five years the repeal is in effect, there
will not be any fiscal implication to state or local government as a result
of enforcing or administering the rules.
Ms. Hollis has also determined that for each year of the first five years
the repeal is in effect, the public benefit anticipated as a result of administering
the section will be to improve and increase access to higher education in
the state of Texas. There is no effect on small businesses. There is no anticipated
economic cost to persons who are required to comply with the section as proposed.
There is no impact on local employment.
Comments on the repeal may be submitted to Ms. Lois Hollis, Texas Higher
Education Coordinating Board, P.O. Box 12788; Austin, Texas 78711; (512) 427-6465.
Lois.Hollis@thecb.state.tx.us
The repeal is proposed under the Texas Education Code, §51.930,
which states that the Coordinating Board is authorized to adopt rules relating
to the participation of institutions of higher education and students in the
National Student Exchange Program.
The repeal affects Texas Education Code, Chapter 51, Subchapter Z, §51.930.
§21.990.Purpose.
§21.991.Administration.
§21.992.Definitions.
§21.993.Eligible Students.
§21.994.Tuition Charges.
§21.995.Transcripts.
§21.996.Financial Aid.
§21.997.Reciprocity.
§21.998.Testing Waiver.
§21.999.Reporting Requirements.
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 28, 2004.
TRD-200402834
Jan Greenberg
General Counsel
Texas Higher Education Coordinating Board
Proposed date of adoption: July 15, 2004
For further information, please call: (512) 427-6114
19 TAC §§21.990 - 21.994
The Texas Higher Education Coordinating Board proposes new §§21.990
- 21.994, concerning the Texas National Student Exchange Program. Specifically,
the proposed new sections would more specifically reflect the statute authorizing
public general academic teaching institutions to contract with National Student
Exchange and participate in that organization’s exchange program. The
new sections would reflect simply the restrictions and authorities noted in
statute. Other details regarding program operations should be acquired by
the institution from the National Student Exchange.
Ms. Lois Hollis, Assistant Commissioner for Student Services has determined
that for each year of the first five years the new sections are in effect,
there will not be any fiscal implication to state or local government as a
result of enforcing or administering the rules.
Ms. Hollis has also determined that for each year of the first five years
the new sections are in effect, the public benefit anticipated as a result
of administering the sections will be to improve and increase access to higher
education in the state of Texas. There is no effect on small businesses. There
is no anticipated economic cost to persons who are required to comply with
the sections as proposed. There is no impact on local employment.
Comments on the new sections may be submitted to Ms. Lois Hollis, Texas
Higher Education Coordinating Board, P.O. Box 12788; Austin, Texas 78711;
(512) 427-6465. Lois.Hollis@thecb.state.tx.us
The new sections are proposed under the Texas Education Code, §51.930,
which states that the Coordinating Board is authorized to adopt rules relating
to the participation of institutions of higher education and students in the
National Student Exchange Program.
The new sections affect Texas Education Code, Chapter 51, Subchapter Z, §51.930.
§21.990.Authority and Purpose.
(a)
Authority. Authority for this subchapter is provided in
the Texas Education Code, §51.930, the National Student Exchange Program.
These rules establish procedures to administer the Exchange Program.
(b)
Purpose. The purpose of the National Student Exchange Program
is to provide reciprocal educational opportunities for undergraduate students
of colleges and universities in the United States.
§21.991.Definitions.
The following words and terms, when used in this subchapter, shall
have the following meanings, unless the context clearly indicates otherwise:
(1)
Board--The Texas Higher Education Coordinating Board.
(2)
National Student Exchange--The student exchange program
administered by National Student Exchange.
(3)
Undergraduate--A student who has not received a baccalaureate
degree.
§21.992.Eligible Students.
To participate in the National Student Exchange Program:
(1)
a student from a Texas institution must be an undergraduate
attending a Texas general academic teaching institution as defined in the
Education Code, §61.003(3), that is under contract with the National
Student Exchange to participate in the program.
(2)
a student from an institution outside the State of Texas
must be an undergraduate enrolled in an institution under contract with the
National Student Exchange to participate in the program.
(3)
a student may not participate in the program for more than
one year.
§21.993.Tuition Charges.
Out-of-state students attending Texas institutions under the provisions
of the National Student Exchange are eligible to pay the resident tuition
rate while attending the Texas institution as an exchange participant.
§21.994.Testing Waiver.
A student participating in the program from another state shall be
exempt from the provisions of Texas Education Code §51.3062 (Success
Initiative) unless that student becomes a degree-seeking undergraduate student
at a Texas public institution of higher education.
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 28, 2004.
TRD-200402833
Jan Greenberg
General Counsel
Texas Higher Education Coordinating Board
Proposed date of adoption: July 15, 2004
For further information, please call: (512) 427-6114
19 TAC §§21.1080 - 21.1089
(Editor's note: The text of the following sections proposed for
repeal will not be published. The sections may be examined in the offices
of the Texas Higher Education Coordinating Board or in the Texas Register
office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
The Texas Higher Education Coordinating Board proposes
the repeal of §§21.1080 - 21.1089, concerning the Educational Aide
Exemption Program. Specifically, this repeal will delete the current subchapter
and all sections within it. The repeal is the result of the Texas Higher Education
Board’s review of Chapter 21, which was posted in the
Texas Register
on February 20, 2004. In conducting the review of Chapter
21, and in light of recent legislative changes in many of the programs administered
by the Student Services Division at this agency, the Office of General Counsel
concluded that the advisability of restructuring many of the rules for ease
of reading, and the numerous new sections, would be more efficiently managed
by repealing the whole subchapter and proposing all new sections.
Ms. Lois Hollis, Assistant Commissioner for Student Services has determined
that for each year of the first five years the repeal is in effect, there
will not be any fiscal implication to state or local government as a result
of enforcing or administering the rules.
Ms. Hollis has also determined that for each year of the first five years
the repeal is in effect, the public benefit anticipated as a result of administering
the section will be to improve and increase access to higher education in
the state of Texas. There is no effect on small businesses. There is no anticipated
economic cost to persons who are required to comply with the section as proposed.
There is no impact on local employment.
Comments on the repeal may be submitted to Ms. Lois Hollis, Texas Higher
Education Coordinating Board, P.O. Box 12788; Austin, Texas 78711; (512) 427-6465.
Lois.Hollis@thecb.state.tx.us
The repeal is proposed under the Texas Education Code, §54.214,
which states that the Coordinating Board is authorized to adopt rules as necessary
to implement this section.
The repeal affects Texas Education Code, Chapter 54, Subchapter D, §54.214.
§21.1080.Authority, Scope, and Purpose.
§21.1081.Definitions.
§21.1082.Eligible Institutions.
§21.1083.Eligible Students.
§21.1084.The Application Process.
§21.1085.Selection Criteria.
§21.1086.Award Announcements.
§21.1087.Award Cycle.
§21.1088.Reimbursement for Exemptions.
§21.1089.Program Review Requirements.
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 28, 2004.
TRD-200402836
Jan Greenberg
General Counsel
Texas Higher Education Coordinating Board
Proposed date of adoption: July 15, 2004
For further information, please call: (512) 427-6114
19 TAC §§21.1080 - 21.1089
The Texas Higher Education Coordinating Board proposes new §§21.1080
- 21.1089, concerning the Educational Aide Exemption Program. Specifically,
the proposed new sections would include additional definitions to clarify
policies and program requirements; additional details (similar to details
in other state program rules) regarding the responsibilities of participating
institutions; and additional details regarding Board operations; and a new
statement describing the statutory exemption from student teaching for program
participants.
Ms. Lois Hollis, Assistant Commissioner for Student Services has determined
that for each year of the first five years the new sections are in effect,
there will not be any fiscal implication to state or local government as a
result of enforcing or administering the rules.
Ms. Hollis has also determined that for each year of the first five years
the new sections are in effect, the public benefit anticipated as a result
of administering the sections will be to improve and increase access to higher
education in the state of Texas. There is no effect on small businesses. There
is no anticipated economic cost to persons who are required to comply with
the sections as proposed. There is no impact on local employment.
Comments on the new sections may be submitted to Ms. Lois Hollis, Texas
Higher Education Coordinating Board, P.O. Box 12788; Austin, Texas 78711;
(512) 427-6465. Lois.Hollis@thecb.state.tx.us
The new sections are proposed under the Texas Education Code, §54.214,
which states that the Coordinating Board is authorized to adopt rules as necessary
to implement these sections.
The new sections affect Texas Education Code, Chapter 54, Subchapter D, §54.214.
§21.1080.Authority and Purpose.
(a)
Authority. Authority for this subchapter is provided in
the Texas Education Code, Chapter 54, Subchapter B, Tuition Rates. These rules
establish procedures to administer the subchapter as prescribed in the Texas
Education Code, §54.214, relating to an exemption for educational aides.
(b)
Purpose. The purpose of the Educational Aide Exemption
Program is to encourage certain educational aides to complete full teacher
certification by providing need-based exemptions from the payment of tuition
and certain mandatory fees at Texas public institutions of higher education.
§21.1081.Definitions.
The following words and terms, when used in this subchapter, shall
have the following meanings, unless the context clearly indicates otherwise:
(1)
Board--The Texas Higher Education Coordinating Board.
(2)
Commissioner--The Commissioner of Higher Education, the
Chief Executive Officer of the Board.
(3)
Cost of attendance--A Board-approved estimate of the expenses
incurred by a typical financial aid student attending a particular college
or university. It includes direct educational costs (tuition, fees, books,
and supplies) as well as indirect costs (room and board, transportation, and
personal expenses).
(4)
Expected family contribution--The amount of discretionary
income that should be available to a student from his or her resources and
that of his/her family, as determined following the federal methodology.
(5)
Financial need--An indication of a student’s inability
to meet the full cost of attending a college or university, measured by one
of the following methods:
(A)
The cost of attendance at a particular public or private
institution of higher education less the expected family contribution. The
cost of attendance and family contribution are to be determined in accordance
with Board guidelines; or
(B)
An income methodology, which considers a student to have
financial need if his or her adjusted gross annual income is less than income
levels set annually by the Commissioner. If the student is a dependent, the
family’s adjusted gross family income is considered; if the student
is independent, only the student’s income (and the income of the student’s
spouse, if he or she is married) are considered.
(6)
Program Officer--The individual named by each participating
institution’s chief executive officer to serve as agent for the Board.
The Program Officer has primary responsibility for all ministerial acts required
by the program, including maintenance of all records and preparation and submission
of reports reflecting program transactions. Unless otherwise indicated by
the administration, the director of student financial aid shall serve as Program
Officer.
(7)
Resident of Texas--A resident of the State of Texas as
determined in accordance with Chapter 21, Subchapter B, of this title (relating
to Determining Residence Status). Nonresident students who are eligible to
pay resident tuition rates are not residents of Texas.
§21.1082.Institutions.
(a)
Eligibility.
(1)
Any public institution of higher education as defined by
Texas Education Code, §61.003, is eligible to participate in the Educational
Aide Exemption Program.
(2)
No institution may, on the grounds of race, color, national
origin, gender, religion, age or disability exclude an individual from participation
in, or deny the benefits of the program described in this subchapter.
(3)
Each participating institution must follow the Civil Rights
Act of 1964, Title VI (Public Law 88-353) in avoiding discrimination in admissions.
(b)
Approval.
(1)
Agreement. Each approved institution must enter into an
agreement with the Board, the terms of which shall be prescribed by the Commissioner.
(2)
Approval Deadline. An institution must be approved by April
1 in order for qualified students enrolled in that institution to be eligible
to receive grants in the following fiscal year.
(c)
Responsibilities.
(1)
Probation Notice. If the institution is placed on probation
by its accrediting agency, it must immediately advise scholarship recipients
of this condition and maintain evidence in each student’s file to demonstrate
that the student was so informed.
(2)
Disbursements to Students.
(A)
Documentation. The institution must maintain records to
prove the receipt of program funds by the student or the crediting of such
funds to the student’s school account.
(B)
Procedures in Case of Illegal Disbursements. If the Commissioner
has reason for concern that and institution has disbursed funds for unauthorized
purposes, the Board will notify the Program Officer and Financial Aid Director
and offer an opportunity for a hearing pursuant to the procedures outlined
in Chapter 1 of this title (relating to Agency Administration). Thereafter,
if the Board determines that funds have been improperly disbursed, the institution
shall become primarily responsible for restoring the funds to the Board. No
further disbursements of scholarships shall be permitted to students at that
institution until the funds have been repaid.
(3)
Reporting. Each participating institution must meet Board
reporting requirements, in particular the submission of the Financial Aid
Database Report, in a timely fashion.
(4)
Program Reviews. If selected for such by the Board, participating
institutions must submit to program reviews of activities related to the Educational
Aide Exemption Program.
§21.1083.Eligible Students.
To receive an award through the Educational Aide Exemption Program,
a student must:
(1)
be a resident of Texas;
(2)
have at least one school year of experience as an educational
aide during the five years preceding the term or semester for which the student
receives the exemption;
(3)
be employed in some capacity by a school district in Texas
during the school year for which the student receives the award;
(4)
show financial need;
(5)
be enrolled in courses required for teacher certification
at the institution granting an exemption under this subchapter or (if enrolled
in lower-level course-work), sign a statement indicating an intention to become
certified as a teacher and teach in Texas;
(6)
meet the academic progress standards of the institution;
and
(7)
follow application procedures and schedules as indicated
by the Board.
§21.1084.The Application and Awarding Process.
(a)
Application forms and instructions developed by the Board
will be distributed primarily through school district offices throughout the
state. The Board will also provide forms to financial aid offices of approved
institutions and students may request the forms directly from the Board.
(b)
The application has three parts that must be completed
prior to the form’s submission to the Board for processing.
(1)
Part I is to be completed by the student applicant, who
shall then forward the application to an authorized officer of the school
or school district in which the applicant is employed.
(2)
Part II is to be completed and signed by the school or
school district authorized officer, who shall then forward the application
to the financial aid office of the institution the applicant is attending.
(3)
Part III is to be completed by the Program Officer at the
institution, who shall then forward the application to the Board for processing.
(c)
Applications will be processed by the Board as they are
submitted by the institutions. Priority deadlines for submitting applications
for the fall-spring terms and for the summer term will be announced in the
instructions distributed with the applications. Applications received after
those deadlines will be given consideration only if funds remain available
after all applications received by the deadline have been processed.
(d)
As soon as possible after processing applications, the
Board will notify the relevant institutions, students and school districts
of their awards.
§21.1085.Special Considerations if Funding is Limited.
(a)
Allotment of Acceptable Applications. If funding is limited,
the Board will limit the number of applications that may be submitted by an
institution. This allotment will be announced to the institutions at least
a month prior to the deadline for submitting applications.
(b)
Recipient Selection. If funding is limited such that the
Board cannot fund all applications submitted by approved institutions, the
Board will select recipients on the basis of the following criteria:
(1)
the financial need of the student;
(2)
the number of years the student has been employed as an
educational aide;
(3)
the priority assigned each applicant by the institution;
and
(4)
the student’s anticipated date for certification
as a teacher.
(c)
The number of awards made each year will depend on the
funding available for reimbursing institutions for the exemptions they grant.
No institution is required to award an exemption for which reimbursement funds
are not available.
§21.1086.Award Amounts and Processing Cycle.
(a)
Amounts. Students receiving awards through the Educational
Aide Exemption Program shall be exempted from the payment of (or reimbursed
for) tuition and required fees, other than laboratory and class fees, for
courses taken during the relevant term.
(b)
Form of Award--Exemption or Reimbursement.
(1)
If applications are processed and announced in time, institutions
should exempt recipients from the payment of such charges and then request
reimbursement from the Board.
(2)
If applications are processed and/or announced too late
for the student to be exempted from such payments at registration, the student
may be required to pay these charges first, and then be reimbursed by the
institution once reimbursement funds are received from the Board.
(c)
Unique Requirements for Each Term.
(1)
Fall awards are made on the basis of the original fall/spring
application.
(2)
Spring awards are based on the original fall/spring application.
If the student was not a recipient during the fall term, the original application
functions as a stand-alone spring application. If the applicant also received
a fall award, the spring award will not be released until the school or school
district confirms that it will still be employing the applicant in the spring
term.
(3)
Summer awards are to be based on a summer application that
will be distributed only upon confirmation that there is funding available
for summer awards. Institutions, current year award recipients and school
districts will be advised by the Board of the availability of funds by March
1 of each year. At that time, the Board will distribute copies of the summer
application and instructions.
§21.1087.Reimbursements.
(a)
Source of Funding. The funds used to reimburse institutions
or students for awards made through the Educational Aide Exemption program
will come from the state’s Foundation School Fund and any gifts, grants
and donations made to the Texas Education Agency for that purpose.
(b)
Requesting Reimbursements. To request reimbursement for
student awards, institutions must complete and submit a Request for Reimbursement
Form designed and distributed by the Board. Such forms must be submitted to
the Board with sufficient documentation (student billing information) to confirm
that the requests are being made for authorized charges.
(c)
Disbursements by the Board. The Board will process institutional
Requests for Reimbursement at least once a month and will subsequently have
appropriate amounts transferred to institutions by the State Comptroller’s
office. Such funds are to be used by the institutions either to reimburse
itself (if it exempted the students from the payment of the relevant charges)
or to reimburse students for the relevant charges they paid to the institution.
(d)
Transfers from the Foundation Program. At least once a
year the Board will request a transfer of funds from the foundation school
fund for use in reimbursing institutions or students for their Educational
Aide Exemption program awards.
§21.1088.Exemption from Student Teaching.
An individual who receives a bachelor’s degree required for a
teaching certificate on the basis of higher education coursework completed
while receiving an award through this subchapter shall not be required by
his or her institution to participate in any field experience or internship
consisting of student teaching as a requirement to receive a teaching certificate.
§21.1089.Dissemination of Information and Rules.
The Board is responsible for publishing and disseminating general information
and program rules for the program described in this subchapter.
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 28, 2004.
TRD-200402835
Jan Greenberg
General Counsel
Texas Higher Education Coordinating Board
Proposed date of adoption: July 15, 2004
For further information, please call: (512) 427-6114
19 TAC §§21.2001, 21.2003, 21.2004, 21.2006 - 21.2008
The Texas Higher Education Coordinating Board proposes amendments
to §§21.2001, 21.2003, 21.2004, and 21.2006 - 21.2008, concerning
the Kenneth H. Ashworth Fellowship Program. Specifically, the proposed amendments
would clarify the source of the Board’s authority to administer the
program, clarify the selection of recipients by reorganizing the presentation
of related information, provide the Board more flexibility in the fiscal management
of program funds and specify steps to be taken by the recipient in order to
have funds released to them.
Ms. Lois Hollis, Assistant Commissioner for Student Services has determined
that for each year of the first five years the amendments are in effect, there
will not be any fiscal implication to state or local government as a result
of enforcing or administering the rules.
Ms. Hollis has also determined that for each year of the first five years
the amendments are in effect, the public benefit anticipated as a result of
administering the sections will be to improve and increase access to higher
education in the state of Texas. There is no effect on small businesses. There
is no anticipated economic cost to persons who are required to comply with
the sections as proposed. There is no impact on local employment.
Comments on the amendments may be submitted to Ms. Lois Hollis, Texas Higher
Education Coordinating Board, P.O. Box 12788; Austin, Texas 78711; (512) 427-6465.
Lois.Hollis@thecb.state.tx.us
The amendments are proposed under the Texas Education Code, §61.068,
which allows the Board to accept gifts and donations from individuals and
groups in order to offer programs that encourage students to attend college.
The amendments affect Texas Education Code §61.068.
§21.2001. Authority and Purpose.
(a)
Authority. Authority for this
subchapter is provided in the Texas Education Code, Chapter 61, §61.068,
which allows the Board to accept gifts and donations from individuals and
groups in order to offer programs that encourage students to attend college.
(b)
Purpose.
The [
§21.2003. Selection Committee [
(a)
A committee is established to accept and evaluate applications
from institutions and to select fellowship award recipients.
(b)
The committee consists of three members of the Coordinating
Board staff appointed by the Commissioner, including one representative from
the universities division, one from the Student Services division and one
from another division of the agency.
§21.2004.Eligible Students.
[
[
[
[
[
§21.2006.Funding.
Funding for the program will be generated through donations
[
§21.2007.Submission of Applications and Selection of Recipients.
(a)
Deans of colleges of public affairs, public service and
public administration at eligible institutions will each be invited to submit
applications and supportive documentation for up to two applicants per year.
Applications for the awards must be submitted to the committee each year by
February 20
or if February 20 does not fall on a work date, the first
working date thereafter
.
(b)
The committee[
(1)
academic ability and promise;
(2)
career plans; and
(3)
individual qualifications,
with emphasis on leadership and communication skills.
(c)
(No change.)
§21.2008.Disbursement of Funds.
As soon as possible after the
recipients register for the following
fall semester and provide the board proof of enrollment, the board will send
[
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 28, 2004.
TRD-200402837
Jan Greenberg
General Counsel
Texas Higher Education Coordinating Board
Proposed date of adoption: July 15, 2004
For further information, please call: (512) 427-6114
19 TAC §§21.2080 - 21.2089
The Texas Higher Education Coordinating Board proposes new §§21.2080
- 21.2089, concerning the Doctoral Incentive Loan Repayment Program. Specifically,
the new sections would establish the eligibility requirements of applicants,
educational loans and lenders, the priority of application acceptance, and
the annual and aggregate loan repayment amounts.
Ms. Lois Hollis, Assistant Commissioner for Student Services, has determined
that for each year of the first five years the new sections are in effect,
there will be no fiscal implications to state or local government as a result
of enforcing or administering these changes in the rules.
Ms. Hollis has also determined that for each year of the first five years
the new sections are in effect, the public benefit anticipated as a result
of administering the sections will be to increase the number of faculty and
administrators from groups underrepresented in higher education. There is
no effect on small businesses. There are no anticipated economic costs to
persons who are required to comply with the sections as proposed. There is
no impact on local employment.
Comments on the proposal may be submitted to Lois Hollis, P.O. Box 12788,
Austin, Texas 78711, 512-427-6465, Lois.Hollis@thecb.state.tx.us. Comments
will be accepted for 30 days following publication of the proposal in the
The new sections are proposed under the Texas Education Code, §56.091,
which authorizes the Coordinating Board to establish and administer the Doctoral
Incentive Loan Repayment Program and adopt rules as necessary.
The new sections affect the Texas Education Code, §§56.091 -
56.096.
§21.2080.Authority, Scope and Purpose.
(a)
Authority. Authority for this subchapter is provided in
the Texas Education Code, Subchapter F, Doctoral Incentive Loan Repayment
Program. These rules establish procedures to administer the subchapter as
prescribed in the Texas Education Code, §§56.091 - 56.096.
(b)
Scope. The rules set forth in this subchapter are applicable
to Texas residents employed full-time as doctoral faculty or administrators
in Texas.
(c)
Purpose. The purpose of the Doctoral Incentive Loan Repayment
Program is to provide student loan repayment assistance as an incentive to
attract members of underrepresented groups to full-time service on the faculties
or administrations of public and private or independent institutions of higher
education in Texas.
§21.2081.Administration.
The Texas Higher Education Coordinating Board, or its successor or
successors, shall administer the Doctoral Incentive Loan Repayment Program.
§21.2082.Dissemination of Information.
The Board shall disseminate information about the Doctoral Incentive
Loan Repayment Program to eligible institutions and shall publish this information
on the Board’s web site.
§21.2083.Definitions.
The following words and terms, when used in this subchapter, shall
have the following meanings, unless the context clearly indicates otherwise:
(1)
Administrator--a person employed in an institution of higher
education in a supervisory position.
(2)
Board--the Texas Higher Education Coordinating Board.
(3)
Commissioner--the Commissioner of Higher Education, the
Chief Executive Officer of the Board.
(4)
Eligible Institution--an institution of higher education,
as defined in the Texas Education Code, §61.003(8), or a private or independent
institution of higher education, as defined in §61.003(15) of this code.
(5)
Encumbered funds--program funds that have been offered
to a specific student, which offer the student has accepted, and which may
or may not have been disbursed to the student.
(6)
Low Income School--a school that has at least 10 percent
more economically disadvantaged students than the statewide average for the
same year, according to data published by the Texas Education Agency.
(7)
Program--the Doctoral Incentive Loan Repayment Program.
(8)
Recognized Accrediting Agency--the Southern Association
of Colleges and Schools and any other association or organization so designated
by the Board, the standards for which are listed in §7.3(15) of this
title (relating to Private and Out-of-State Public Postsecondary Educational
Institutions Operating in Texas).
(9)
Service period--employment as a full-time faculty member
or administrator for at least nine months of a 12-month academic year.
(10)
Doctoral Degree--a doctoral or other terminal degree,
other than a law or health professional degree, from a college or university
that is accredited by a recognized accrediting agency.
§21.2084.Eligibility for Encumbered Funds
(a)
To become initially eligible to participate in this program,
so that the Board encumbers available funds for the applicant, pending completion
of his or her service requirements, an applicant:
(1)
must have received a doctoral degree from a college or
university that is accredited by a recognized accrediting agency;
(2)
must demonstrate:
(A)
that he or she graduated from a Texas high school that
at the time of his or her graduation was:
(i)
among the lowest ten percent among Texas high schools,
with regard to sending students to public institutions of higher education;
or
(ii)
a low-income school; or
(B)
that at the time of graduation from high school, he or
she resided in an area of Texas where the high school closest to his or her
residence was:
(i)
among the lowest ten percent among high schools, with regard
to sending students to public institutions of higher education; or
(ii)
a low-income school;
(3)
must have qualified for need-based financial assistance
while enrolled in a graduate-level degree program;
(4)
for applicants to the program for the 2005 state fiscal
year, shall not be currently employed full-time as a faculty member or administrator
in an eligible institution; and for subsequent program years, must not have
been employed in an eligible institution for more than one semester; and
(5)
must have a full-time job offer as a faculty member or
administrator from, or be negotiating a contract with, an eligible institution.
(b)
To become eligible for a renewal grant in this program,
so that the Board encumbers available funds for the applicant, pending completion
of his or her service requirements, an applicant:
(1)
must have a contract for another service period as a full-time
faculty member or administrator at the same institution by which he or she
was employed in the prior year, or his or her application will be ranked with
the initial applications under the priorities set forth in §21.2086 of
this title (related to Priorities of Application Acceptance);
(2)
must be a Texas resident; and
(3)
must submit a timely renewal application.
§21.2085.Eligibility for Loan Repayment.
To be eligible to receive student loan repayment, an applicant must:
(1)
have satisfied a service period beginning on or after September
1, 2003 as a full-time faculty member or administrator in an eligible institution;
and
(2)
be a Texas resident.
§21.2086.Priorities of Application Acceptance.
(a)
Acceptance of applications will depend on the availability
of funds. The Board, in consultation with the eligible institutions, will
establish an application deadline each year, at which time the qualified applicants
will be grouped according to whether they are renewal or initial applicants.
Renewal applicants will receive priority over first-time applicants.
(b)
If there are not sufficient funds to provide loan repayment
to all qualified initial applicants, the applications will be scored according
to their rank in relation to the following criteria, with the highest scoring
applications receiving the awards:
(1)
those applicants whose presence on the faculty or administration
of the institution increases the racial/ethnic diversity of the faculty or
administration;
(2)
the length of time an applicant has held a doctoral degree,
with priority given to new conferees; and
(3)
the degree of racial/ethnic diversity among the faculty
and administration at the applicant’s institution, as compared to the
other institutions that have applicants in the pool, with priority given to
the schools with less ethnic diversity.
(4)
If there are not sufficient funds for all applicants with
identical scores, the awards will be granted on the basis of the degree to
which the applicants’ presence on the faculty or administration of the
institution increases the racial/ethnic diversity of the faculty or administration.
(c)
If there are not sufficient funds to provide loan repayment
to all renewal applicants, available funds will be divided equally among all
renewal applicants.
§21.2087.Eligible Education Loan.
A loan that is eligible for repayment is one that:
(1)
was obtained through an eligible lender as determined in
accordance with §21.2088 of this title (relating to Eligible Lender or
Holder) for the purpose of attending an institution that is accredited by
a recognized accrediting agency; and
(2)
is evidenced by a promissory note that either:
(A)
promises repayment of funds obtained through any loan program
for higher education, with language that clearly indicates that loan proceeds
must be used for direct and indirect expenses of education at an eligible
institution; or
(B)
consolidates the applicant’s education loans.
§21.2088.Eligible Lender or Holder.
The Board shall retain the right to determine eligibility of lenders
and holders of education loans to which payments may be made. An eligible
lender or holder shall, in general, make or hold education loans made to individuals
for purposes of undergraduate and graduate education and shall not be any
private individual. An eligible lender or holder may be, but is not limited
to, a bank, savings and loan association, credit union, institution of higher
education, secondary market, governmental agency, pension fund, private foundation,
or insurance company.
§21.2089.Repayment of Education Loans.
(a)
The maximum annual loan repayment amount to any applicant
shall be $20,000, or the amount of student loan indebtedness, whichever is
less.
(b)
The total amount of loan repayment assistance available
to any applicant shall not exceed $100,000.
(c)
Annual repayment(s) shall be made co-payable to the applicant
and any eligible lender(s) or holder(s), and must be applied to the total
unpaid balance of the education loan.
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 28, 2004.
TRD-200402838
Jan Greenberg
General Counsel
Texas Higher Education Coordinating Board
Proposed date of adoption: July 15, 2004
For further information, please call: (512) 427-6114
Subchapter A. GENERAL PROVISIONS FOR ALL GRANT AND SCHOLARSHIP PROGRAMS DESCRIBED IN THIS CHAPTER
19 TAC §§22.1 - 22.8
(Editor's note: The text of the following sections proposed for
repeal will not be published. The sections may be examined in the offices
of the Texas Higher Education Coordinating Board or in the Texas Register
office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
The Texas Higher Education Coordinating Board proposes
the repeal of §§22.1 - 22.8, Subchapter A, concerning General Provisions
for All Grant and Scholarship Programs Described in this Chapter, in its entirety.
Specifically, this repeal will delete current Subchapter A, concerning the
General Provisions for All Grant and Scholarship Programs Described in this
Chapter, and all sections within it. The repeal is the result of the Texas
Higher Education Board's review of Chapter 22, which was posted in the
Ms. Lois Hollis, Assistant Commissioner for Student Services, has determined
that there will not be any fiscal implications to state or local government
as a result of the rules repeal.
Ms. Hollis has also determined that for each year of the first five years
that the repeal is in effect, there will be no public benefit anticipated.
There is no effect on small businesses. There is no anticipated economic cost
to persons who are required to comply with the repeal. There is no impact
on local employment.
Comments on the proposal may be submitted to Lois Hollis, P. O. Box 12788,
Austin, Texas 78711, 512-427-6465, Lois.Hollis@thecb.state.tx.us. Comments
will be accepted for 30 days following publication of the proposal in the
The repeal is proposed under the Texas Education Code, §§56.034,
56.303, 56.403, 61.221, 61.652, 61.753; and Transportation Code, §502.270,
which authorize the Coordinating Board to administer the grant and scholarship
programs.
The repeal affects the Texas Education Code, §§56.033 - 56.039,
56.301 - 56.311, 56 401 - 56.4075, 61.221 - 61.230, 61.651 - 61.658, 61.751
- 61.760; and Transportation Code, §502.270.
§22.1.Administration.
§22.2.Delegation of Powers and Duties.
§22.3.Definitions.
§22.4.Approved Institutions.
§22.5.Eligible Students.
§22.6.Awards and Adjustments.
§22.7.Advisory Committees.
§22.8.Dissemination of Information and Rules.
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 29, 2004.
TRD-200402882
Jan Greenberg
General Counsel
Texas Higher Education Coordinating Board
Proposed date of adoption: July 15, 2004
For further information, please call: (512) 427-6114
19 TAC §22.1, §22.2
The Texas Higher Education Coordinating Board proposes new §§22.1
and 22.2, concerning the Provisions for the Special Leveraging Educational
Assistance Grant Program (SLEAP) for Students at Independent Institutions.
Specifically, the new sections would provide guidance to independent institutions
making matching grant awards through the Tuition Equalization Grant Program
(Chapter 22, Subchapter B of Board rules).
Ms. Lois Hollis, Assistant Commissioner for Student Services, has determined
that for each year of the first five years the new sections are in effect,
there will be no fiscal implications to state or local government as a result
of enforcing or administering these changes in the rules.
Ms. Hollis has also determined that for each year of the first five years
the new sections are in effect, the public benefit anticipated as a result
of administering the sections will be to improve and increase access to higher
education through the awarding of SLEAP Grants. There is no effect on small
businesses. There are no anticipated economic costs to persons who are required
to comply with the section as proposed. There is no impact on local employment.
Comments on the proposal may be submitted to Lois Hollis, P. O. Box 12788,
Austin, Texas 78711, 512-427-6465, Lois.Hollis@thecb.state.tx.us. Comments
will be accepted for 30 days following publication of the proposal in the
The new sections are proposed under the Texas Education Code, §61.067,
which authorizes the Coordinating Board to contract with any agency of the
United States, and under Title IV, Part A, Subpart 4 of the Higher Education
Act of 1965.
The new sections affect the administration of the Special Leveraging Educational
Assistance Grant Program for Students at Independent Institutions.
§22.1.Adoption of Tuition Equalization Grant Program Rules.
The rules and regulations for the Tuition Equalization Grant Program,
as contained in §§22.21-22.28 of this title (relating to Provisions
for the Tuition Equalization Grant Program), are hereby adopted for use in
the administration of any federal funds received by the board through the
Special Leveraging Educational Assistance Grant for the purpose of making
grants to students at independent institutions, other than as excepted in §22.2
of this title (relating to Provisions for the Special Leveraging Educational
Assistance Grant Program for Students at Independent Institutions). Federal
requirements governing the Special Leveraging Educational Assistance Grant
Program are contained in 45 C.F.R. Part 192.
§22.2.Exceptions to Tuition Equalization Grant Rules.
(a)
The conditions outlined in this rule are intended to cause
compatibility between the Tuition Equalization Grant Program rules and regulations
and the federal regulations for the Special Leveraging Educational Assistance
Grant Program. Conditions which apply in the Special Leveraging Educational
Assistance Grant Program which differ from and override similar conditions
in the Tuition Equalization Grant Program are as follows:
(1)
To qualify for a Special Leveraging Educational Assistance
Grant, a student must be a national of the United States or must be in the
United States for other than a temporary purpose, and must state an intention
to become a permanent resident.
(2)
To qualify for a Special Leveraging Educational Assistance
Grant, a student at a private or independent institution must be the recipient
of a grant through the Tuition Equalization Grant Program in an amount equal
to or greater than twice the grant amount that he or she receives through
the Special Leveraging Educational Assistance Grant Program.
(3)
Students at private or independent institutions who receive
both Leveraging Educational Assistance Grant funds and Special Leveraging
Educational Assistance Grant Funds may not use the same Tuition Equalization
Grant funds to match both federal programs. A Tuition Equalization Grant dollar
may only be matched by a Leveraging Educational Assistance Grant dollar or
by a Special Leveraging Assistance Grant dollar - not by both.
(b)
A grant through the Special Leveraging Educational Assistance
Grant Program for Students at Independent Institutions may be used to meet
any cost related to a student's education.
(c)
A student is not eligible to receive simultaneous grants
through the Special Leveraging Educational Assistance Grant Program and Tuition
Equalization Grant Programs if he or she:
(1)
owes a refund on a grant received under the Federal Pell
Grant, Federal Supplemental Educational Opportunity Grant, Leveraging Educational
Assistance Grant, or Special Leveraging Educational Assistance Grant programs;
or
(2)
is in default on a loan made, insured, or guaranteed under
the Federal Perkins Loan, Federal Family Education Loan Program, or the Federal
Direct Loan Program.
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 29, 2004.
TRD-200402883
Jan Greenberg
General Counsel
Texas Higher Education Coordinating Board
Proposed date of adoption: July 15, 2004
For further information, please call: (512) 427-6114
19 TAC §§22.21 - 22.28
(Editor's note: The text of the following sections proposed for
repeal will not be published. The sections may be examined in the offices
of the Texas Higher Education Coordinating Board or in the Texas Register
office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
The Texas Higher Education Coordinating Board proposes
the repeal of §§22.21 - 21.28, concerning the Tuition Equalization
Grant Program. Specifically, this repeal will delete the current subchapter
and all sections within it. The repeal is the result of the Texas Higher Education
Board's review of Chapter 22, which was posted in the
Texas Register
on February 20, 2004. In conducting the review of Chapter
22, and in light of recent legislative changes in many of the programs administered
by the Student Services Division at this agency, the Office of General Counsel
concluded that the advisability of restructuring many of the rules for ease
of reading, and the numerous new sections, would be more efficiently managed
by repealing the whole subchapter and proposing all new sections.
Ms. Lois Hollis, Assistant Commissioner for Student Services has determined
that for each year of the first five years the repeal is in effect, there
will not be any fiscal implication to state or local government as a result
of enforcing or administering the rules.
Ms. Hollis has also determined that for each year of the first five years
the repeal is in effect, the public benefit anticipated as a result of administering
the section will be to improve and increase access to higher education in
the state of Texas. There is no effect on small businesses. There is no anticipated
economic cost to persons who are required to comply with the section as proposed.
There is no impact on local employment.
Comments on the repeal may be submitted to Ms. Lois Hollis, Texas Higher
Education Coordinating Board, P.O. Box 12788; Austin, Texas 78711; (512) 427-6465.
Lois.Hollis@thecb.state.tx.us
The repeal is proposed under the Texas Education Code, §61.221,
which states that the Coordinating Board is authorized to provide tuition
equalization grants to Texas residents enrolled in any approved private Texas
college or university.
The repeal affects Texas Education Code, Chapter 61, Subchapter F, §§61.221
through 61.230.
§22.21.Purpose.
§22.22.Eligible Institutions.
§22.23.Eligible Students.
§22.24.Award Amounts.
§22.25.Refunds.
§22.26.Allocation of Funds.
§22.27.Disbursement Limits.
§22.28.Annual Audit Requirement.
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 29, 2004.
TRD-200402884
Jan Greenberg
General Counsel
Texas Higher Education Coordinating Board
Proposed date of adoption: July 15, 2004
For further information, please call: (512) 427-6114
19 TAC §§22.21 - 22.30
The Texas Higher Education Coordinating Board proposes new §§22.21
- 22.30, concerning the Tuition Equalization Grant Program. Specifically,
the proposed new sections implement Texas Education Code §§61.221
- 61.230 and have been re-organized, primarily as a result of incorporating
the general provisions regarding state grant and scholarship programs (currently
Chapter 22, Subchapter A) into the rules for individual programs so that each
program's set of rules is a complete, stand-alone document. The new sections
clarify the source of the Board's authority to administer the program, add
definitions to increase consistency to the interpretation of program rules
and procedures, state the Board's authority to penalize institutions failing
to meet program requirements, limit eligibility requirements to those set
in state statute only and provide institutions more detail regarding Board
procedures in allocating and reallocating funds.
Ms. Lois Hollis, Assistant Commissioner for Student Services has determined
that for each year of the first five years the new sections are in effect,
there will not be any fiscal implication to state or local government as a
result of enforcing or administering the rules.
Ms. Hollis has also determined that for each year of the first five years
the new sections are in effect, the public benefit anticipated as a result
of administering the section will be to improve and increase access to higher
education in the state of Texas. There is no effect on small businesses. There
is no anticipated economic cost to persons who are required to comply with
the section as proposed. There is no impact on local employment.
Comments on the new sections may be submitted to Ms. Lois Hollis, Texas
Higher Education Coordinating Board, P.O. Box 12788; Austin, Texas 78711;
(512) 427-6465. Lois.Hollis@thecb.state.tx.us
The new sections are proposed under the Texas Education Code, §61.221,
which states that the Coordinating Board is authorized to provide tuition
equalization grants to Texas residents enrolled in any approved private Texas
college or university.
The new sections affect Texas Education Code, Chapter 61, Subchapter F, §§61.221
through 61.230.
§22.21.Authority and Purpose.
(a)
Authority. Authority for this subchapter is provided in
the Texas Education Code, Chapter 61, Subchapter F, the Tuition Equalization
Grant Program. These rules establish procedures to administer the subchapter
as prescribed in the Texas Education Code, §§61.221 through 61.230.
(b)
Purpose. The purpose of the Tuition Equalization Grant
Program is to promote the best use of existing educational resources and facilities
within this state, both public and private, by providing need-based tuition
equalization grants to Texas residents and eligible nonresidents enrolled
in any approved private Texas college or university.
§22.22.Definitions.
The following words and terms, when used in this subchapter, shall
have the following meanings, unless the context clearly indicates otherwise:
(1)
Board--The Texas Higher Education Coordinating Board.
(2)
Central processing--An approach to administering a grant
program by having institutions submit application information to the Board,
which then issues funds to students in keeping with a schedule specified by
the institution in the application data.
(3)
Commissioner--The Commissioner of Higher Education, the
Chief Executive Officer of the Board.
(4)
Cost of attendance--A Board-approved estimate of the expenses
incurred by a typical financial aid student in attending a particular college
or university. It includes direct educational costs (tuition, fees, books,
and supplies) as well as indirect costs (room and board, transportation, and
personal expenses).
(5)
Encumbered funds--Program funds that have been offered
to a specific student, which offer the student has accepted, and which may
or may not have been disbursed to the student.
(6)
Expected family contribution--The amount of discretionary
income that should be available to a student from his or her resources and
that of his or her family, as determined following the federal methodology.
(7)
Full-time student--For undergraduates, a person who is
enrolled or is expected to be enrolled for the equivalent of twelve or more
semester credit hours. For graduate students, a person who is enrolled or
expected to be enrolled for the equivalent of nine or more semester credit
hours.
(8)
Financial need--The cost of attendance at a particular
public or private institution of higher education less the expected family
contribution. The cost of attendance and family contribution are to be determined
in accordance with Board guidelines.
(9)
Half-time student--For undergraduates, a person who is
enrolled or is expected to be enrolled for the equivalent of six or more semester
credit hours. For graduate students, a person who is enrolled or expected
to be enrolled for the equivalent of 4.5 or more semester credit hours.
(10)
Issue date--The date on which the Board's centralized
processing system generates a voucher requesting a grant disbursement for
specific students.
(11)
Period of enrollment--The term or terms within the current
state fiscal year (September 1-August 31) for which the student was enrolled
in an approved institution and met all the eligibility requirements for an
award through this program.
(12)
Program Officer--The individual named by each participating
institution's chief executive officer to serve as agent for the Board. The
Program Officer has primary responsibility for all ministerial acts required
by the program, including maintenance of all records and preparation and submission
of reports reflecting program transactions. Unless otherwise indicated by
the administration, the director of student financial aid shall serve as Program
Officer.
(13)
Resident of Texas--A resident of the State of Texas as
determined in accordance with Chapter 21, Subchapter B, of this title (relating
to Determining Residence Status). Nonresident students who are eligible to
pay resident tuition rates are not residents of Texas.
(14)
Tuition Equalization Grant Need (TEG need)--The total
amount of Tuition Equalization Grant funds that full-time students at an approved
institution would be eligible to receive if the program were fully funded.
§22.23.Institutions.
(a)
Eligibility.
(1)
Any college or university defined as a private or independent
institution of higher education by Texas Education Code, §61.003, or
that is located in Texas and meets the same program standards and accreditation
as public institutions of higher education as determined by the Board, except
theological or religious seminaries, are eligible to participate in the Tuition
Equalization Grant Program.
(2)
No institution may, on the grounds of race, color, national
origin, gender, religion, age, or disability exclude an individual from participation
in, or deny the benefits of the program described in this subchapter.
(3)
Each participating institution must follow the Civil Rights
Act of 1964, Title VI (Public Law 88-353) in avoiding discrimination in admissions.
(b)
Approval.
(1)
Agreement. Each approved institution must enter into an
agreement with the Board, the terms of which shall be prescribed by the Commissioner.
(2)
Approval Deadline. An institution must be approved by April
1 in order for qualified students enrolled in that institution to be eligible
to receive grants in the following fiscal year.
(c)
Responsibilities.
(1)
Probation Notice. If the institution is placed on public
probation by its accrediting agency, it must immediately advise grant recipients
of this condition and maintain evidence in each student's file to demonstrate
that the student was so informed.
(2)
Disbursements to Students.
(A)
Documentation. The institution must maintain records to
prove the receipt of program funds by the student or the crediting of such
funds to the student's school account.
(B)
Procedures in Case of Illegal Disbursements. If the Commissioner
has reason for concern that an institution has disbursed funds for unauthorized
purposes, the Board will notify the institution and offer an opportunity for
a hearing pursuant to the procedures outlined in Chapter 1 of this title (relating
to Agency Administration). Thereafter, if the Board determines that funds
have been improperly disbursed, the institution shall become primarily responsible
for restoring the funds to the Board. No further disbursements of grants or
scholarships shall be permitted to students at that institution until the
funds have been repaid.
(3)
Reporting.
(A)
Requirements/Deadlines. All institutions must meet Board
reporting requirements in a timely fashion.
(i)
Such reporting requirements shall include reports specific
to allocation and reallocation of grant funds (including the Financial Aid
Database Report) as well as progress and year-end reports of program activities.
(ii)
Each participating institution shall have its Tuition
Equalization Grant Program operations audited on a regular basis by an independent
auditor or by an internal audit office that is independent of the financial
aid and disbursing offices. Reports on findings and corrective action plans
(if necessary) are due to the Board by April 15 each year for institutions
on annual audit schedules, and every other April 15 for institutions on biannual
audit cycles. Biannual reports must cover operations for the prior two years.
(B)
Penalties for Late Reports.
(i)
An institution that postmarks or electronically submits
a progress report a week or more after its due date will be ineligible to
receive additional funding through the reallocation occurring at that time.
(ii)
The Commissioner may penalize an institution by reducing
its allocation of funds in the following year by up to 10 percent for each
progress report that is postmarked or submitted electronically more than a
week late.
(iii)
The Commissioner may assess more severe penalties against
an institution if any report is received by the Board more than one month
after its due date. The maximum penalty for a single year is 30 percent of
the school's allocation. If penalties are invoked in two consecutive years
the institution may be penalized an additional 20 percent.
(C)
Appeal of Penalty. If the Commissioner determines that
a penalty is appropriate, the institution will be notified by certified mail,
addressed to the Program Officer and copied to the Financial Aid Director.
Within 21 days from the time that the Program Officer receives the written
notice, the institution must submit a written response appealing the Board's
decision, or the penalty shall become final and no longer subject to an appeal.
An appeal under this section will be conducted in accordance with the rules
provided in Chapter 1 of this title (relating to Agency Administration).
(4)
Program Reviews. If selected for such by the Board, participating
institutions must submit to program reviews of activities related to the Tuition
Equalization Grant Program.
§22.24.Eligible Students.
To receive an award through the program described in the Tuition Equalization
Grant Program, a student must:
(1)
be enrolled at least half-time in an approved institution;
(2)
show financial need;
(3)
maintain satisfactory academic progress, as defined by
the institution, in his or her program of study;
(4)
be a Texas resident, unless such student is a national
merit scholarship finalist;
(5)
be enrolled in an approved institution, in an individual
degree plan;
(6)
be required to pay more tuition than is required at a comparable
public college or university; and
(7)
not be a recipient of any form of athletic scholarship
during the semester or semesters he or she is receiving a Tuition Equalization
Grant.
§22.25.Award Amounts and Uses.
(a)
Funding. Funds awarded through this program may not exceed
the amount appropriated by the Legislature for that purpose.
(b)
Award Amount.
(1)
No award shall exceed the least of:
(A)
the student's financial need; or
(B)
the difference between the amount of tuition paid at the
participating institution and the amount the student would have paid for tuition
had he or she been enrolled at a comparable public institution; or
(C)
the program maximum.
(2)
A grant to a part-time student shall be made on a pro rata
basis of a full-time award.
(c)
Program maximum. The Tuition Equalization Grant Program
award maximum is determined by the Board in accordance with Texas Education
Code, Section 61.227 (regarding Payment of Grant Amount).
(d)
Uses. No grant disbursed to a student may be used for any
purpose other than for meeting the cost of attending an approved institution.
(e)
Disbursement Limit. The amount of any disbursement may
not exceed the difference between the tuition paid at the private or independent
institution attended and the tuition the student would have paid to attend
a comparable public institution.
(f)
Over Awards. If, at a time after an award has been offered
by the institution and accepted by the student, the student receives assistance
that was not taken into account in the student's estimate of financial need,
so that the resulting sum of assistance exceeds the student's financial need,
the institution is not required to adjust the award under this program unless
the sum of the excess resources is greater than $300.
§22.26.Adjustments to Awards Made through Central Processing.
If a student officially withdraws from enrollment, or for some other
reason, the amount of a student's disbursement exceeds the amount the student
is eligible to receive except as provided by §22.25(f) of this title
(relating to Award Amounts and Uses), the institution shall follow its general
institutional refund policy in determining the amount to be returned to the
program.
(1)
Funds returned to the Board in the form of institution-issued
checks shall be accompanied with sufficient documentation to enable the Board
to identify the appropriate program and student(s) for whom the funds were
originally issued.
(2)
If the disbursement to be returned is in the form of a
state warrant issued to an individual student, the warrant should be marked
"void" and returned to the Board.
(3)
Funds should be returned promptly, but in no case shall
funds be returned more than 60 days from the issue date.
§22.27.Adjustments to Awards Made through Campus-Based Processing.
If a student officially withdraws from enrollment, or for some other
reason, the amount of a student's disbursement exceeds the amount the student
is eligible to receive, the institution shall follow its general institutional
refund policy in determining the amount to be returned to the program.
(1)
Funds administered through campus-based operations do not
have to be returned directly to the Board, but should be re-awarded to other
eligible students. If funds cannot be re-awarded in a timely manner, they
should be returned to the Board in the form of an institution-issued check.
Such payment shall be accompanied with sufficient documentation to enable
the Board to identify the appropriate program for which the funds were originally
issued.
(2)
Funds should be returned promptly, but in no case shall
they be returned more than 60 days from the issue date.
§22.28.Retroactive Disbursements.
(a)
A student may receive a disbursement after the end of his/her
period of enrollment if the student:
(1)
owes funds to the institution for the period of enrollment
for which the award is being made; or
(2)
received a student loan that is still outstanding for the
period of enrollment.
(b)
Funds that are disbursed retroactively must either be used
to pay the student's outstanding balance from his/her period of enrollment
at the institution or to make a payment against an outstanding loan received
during that period of enrollment. Under no circumstances are funds to be released
to the student.
§22.29.Allocation and Reallocation of Funds.
(a)
Allocations. Available program funds will be allocated
to each participating institution in proportion to each institution's Tuition
Equalization Grant need.
(b)
Reallocations. Institutions will have until a date specified
by the Board via a policy memo addressed to the Program Officer at the institution
to encumber the program funds that have been allocated to them. On that date,
institutions lose claim to any unencumbered funds, and the unencumbered funds
are available to the Board for reallocation to other institutions. If necessary
for ensuring the full use of funds, subsequent reallocations may be scheduled
until all funds are awarded and disbursed.
§22.30.Dissemination of Information and Rules.
The Board is responsible for publishing and disseminating general information
and program rules for the program described in this subchapter.
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 29, 2004.
TRD-200402885
Jan Greenberg
General Counsel
Texas Higher Education Coordinating Board
Proposed date of adoption: July 15, 2004
For further information, please call: (512) 427-6114
19 TAC §22.41, §22.42
The Texas Higher Education Coordinating Board proposes amendments
to §§22.41 and 22.42 concerning the Provisions for the Leveraging
Educational Assistance Grant Program for Students at Independent Institutions.
Specifically, the proposed amendments would reflect the federal name change
for the program from the State Student Incentive Grant Program to the Leveraging
Educational Assistance Grant Program. Information has also been added to reflect
federal student eligibility requirements and restrictions that recipients
have to meet in addition to the requirements of the Tuition Equalization Grant
Program.
Ms. Lois Hollis, Assistant Commissioner for Student Services has determined
that for each year of the first five years the amendments are in effect, there
will not be any fiscal implication to state or local government as a result
of enforcing or administering the rules.
Ms. Hollis has also determined that for each year of the first five years
the amendments are in effect, the public benefit anticipated as a result of
administering the section will be to improve and increase access to higher
education in the state of Texas. There is no effect on small businesses. There
is no anticipated economic cost to persons who are required to comply with
the section as proposed. There is no impact on local employment.
Comments on the amendments may be submitted to Ms. Lois Hollis, Texas Higher
Education Coordinating Board, P.O. Box 12788; Austin, Texas 78711; (512) 427-6465.
Lois.Hollis@thecb.state.tx.us
The amendments are proposed under the Texas Education Code, §61.067,
which authorizes the Coordinating Board to contract with any agency of the
United States, and under Title IV, Part A, Subpart 4 of the Higher Education
Act of 1965.
The amendments affect Texas Education Code §61.067 and the administration
of the Leveraging Educational Assistance Grant Program for Students at Independent
Institutions.
§22.41.Adoption of Tuition Equalization Grant Program Rules.
The rules and regulations for the Tuition Equalization Grant Program,
as contained in §§22.21-22.28 of this title (relating to Provisions
for the Tuition Equalization Grant Program), are hereby adopted for use in
the administration of any federal funds received by the
Board
[
§22.42.Exceptions to Tuition Equalization Grant Rules.
(a)
The conditions outlined in this section are intended to
cause compatibility between the Tuition Equalization Grant Program rules and
regulations and the federal regulations for the
Leveraging Educational
Assistance Grant
[
(1)
Students qualifying for a
Leveraging Educational Assistance
Grant
[
(2)
Students
at private or independent institutions
qualifying
for a
Leveraging Educational Assistance Grant
[
(3)
Students at private or independent
institutions receiving both Leveraging Educational Assistance Grant funds
and Special Leveraging Educational Assistance Grant Funds may not use the
same Tuition Equalization Grant funds to match both federal programs. A Tuition
Equalization Grant dollar may only be matched by a Leveraging Educational
Assistance Grant dollar or a Special Leveraging Assistance Grant dollar -
not by both.
(4)
Students who owe a refund on
a grant received under the Federal Pell Grant, Federal Supplemental Educational
Opportunity Grant, Leveraging Educational Assistance Grant or Special Leveraging
Educational Assistance Grant Program are not eligible to receive awards through
the Leveraging Educational Assistance Grant Program.
(5)
Students in default on a loan
made, insured, or guaranteed under the Federal Perkins Loan, Federal Family
Education Loan Program, or the Federal Direct Loan Program are not eligible
to receive awards through the Leveraging Educational Assistance Grant Program.
(b)
Grants through the
Leveraging Educational Assistance
Grant
[
(c)
Because the use of grants through the
Leveraging Educational
Assistance Grant
[
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 29, 2004.
TRD-200402886
Jan Greenberg
General Counsel
Texas Higher Education Coordinating Board
Proposed date of adoption: July 15, 2004
For further information, please call: (512) 427-6114
19 TAC §§22.61 - 22.66
(Editor's note: The text of the following sections proposed for
repeal will not be published. The sections may be examined in the offices
of the Texas Higher Education Coordinating Board or in the Texas Register
office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
The Texas Higher Education Coordinating Board proposes
the repeal of Chapter 22, Subchapter D, §§22.61 - 22.66 concerning
Provisions for the Texas Public Grant Program, in its entirety. Specifically,
this repeal will delete the current subchapter and all sections within it.
The repeal is the result of the Texas Higher Education Board's review of Chapter
22, which was posted in the
Texas Register
on
February 20, 2004. In conducting the review of Chapter 22, and in light of
recent legislative changes in many of the programs administered by the Student
Services Division at this agency, the Office of General Counsel concluded
that the advisability of restructuring many of the rules for ease of reading,
and the numerous new sections, would be more efficiently managed by repealing
the whole subchapter and proposing all new sections.
Ms. Lois Hollis, Assistant Commissioner for Student Services, has determined
that there will not be any fiscal implications to state or local government
as a result of the rules repeal.
Ms. Hollis has also determined that for each year of the first five years
that the repeal is in effect, there will be no public benefit anticipated.
There is no effect on small businesses. There is no anticipated economic cost
to persons who are required to comply with the repeal. There is no impact
on local employment.
Comments on the proposal may be submitted to Ms. Lois Hollis, Assistant
Commissioner for Student Services, Texas Higher Education Coordinating Board,
P.O. Box 12788, Austin, Texas 78711; Lois.Hollis@thecb.state.tx.us.
The repeal of these sections are proposed under the Texas Education
Code, §56.034, which authorizes the Coordinating Board to review guidelines
and to reject guidelines it determines to be contrary to the purposes of the
sections.
The repeal of the sections affect the Texas Education Code, Chapter 56,
Subchapter C. §§56.033 - 56.039.
§22.61.Purpose.
§22.62.Eligible Institutions.
§22.63.Program Titles and Distinctions.
§22.64.Eligible Students.
§22.65.Award Amounts.
§22.66.Allocations and Reallocations.
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 29, 2004.
TRD-200402888
Jan Greenberg
General Counsel
Texas Higher Education Coordinating Board
Proposed date of adoption: July 15, 2004
For further information, please call: (512) 427-6114
19 TAC §§22.61 - 22.63
The Texas Higher Education Coordinating Board proposes new §§22.61
- 22.63, concerning the Texas Public Grant Program. Specifically, the proposed
new sections implement Texas Education Code §§56.033 - 56.039 and
remove references to programs that have been repealed (the Refund Texas Public
Educational Grant Program and Tax Reimbursement Grant Program) and to the
Public Student Incentive Grant, which does not provide the Board with rule-making
authority. The new sections simply state the statutory assignments to the
Board with regard to the Texas Public Educational Grant Program.
Ms. Lois Hollis, Assistant Commissioner for Student Services has determined
that for each year of the first five years the new sections are in effect,
there will not be any fiscal implication to state or local government as a
result of enforcing or administering the rules.
Ms. Hollis has also determined that for each year of the first five years
the new sections are in effect, the public benefit anticipated as a result
of administering the section will be to improve and increase access to higher
education in the state of Texas. There is no effect on small businesses. There
is no anticipated economic cost to persons who are required to comply with
the section as proposed. There is no impact on local employment.
Comments on the new sections may be submitted to Ms. Lois Hollis, Texas
Higher Education Coordinating Board, P.O. Box 12788; Austin, Texas 78711;
(512) 427-6465. Lois.Hollis@thecb.state.tx.us
The new sections are proposed under the Texas Education Code, §56.034,
which authorizes the Coordinating Board to review guidelines and to reject
guidelines it determines to be contrary to the purposes of the section.
The new sections affect Texas Education Code, Chapter 56, Subchapter C, §§56.033
- 56.039.
§22.61.Authority and Purpose.
(a)
Authority. Authority for this subchapter is provided in
the Texas Education Code, Chapter 56, Subchapter C. These rules establish
procedures to administer the subchapter as prescribed in the Texas Education
Code, §§56.034, and 56.036 - 56.039.
(b)
The purpose of the Texas Public Education Grant Programs
is to provide need-based grants of money to students attending public institutions
of higher education in Texas.
§22.62.Participating Institutions.
All institutions of higher education as defined in Texas Education
Code, §61.003(8), are required to set tuition revenues aside for making
grants through the Texas Public Educational Grant Program.
§22.63.Coordinating Board Responsibilities.
The Texas Higher Education Coordinating Board shall perform the following
services with regard to the Texas Public Educational Grant Program:
(1)
Review guidelines submitted by institutions for the administration
of the Texas Public Educational Grant program on their campuses to ensure
the program is being conducted in a manner that will fulfill the purpose of
the program. If guidelines are rejected, the Board is to provide the institution
a written explanation and an opportunity to submit revised guidelines.
(2)
Accept funds transferred to the Board by institutions for
use in matching federal or state grant funds, assure such matching funds are
used to assist institutions and students with the greatest financial need,
and return any funds on deposit from institutions if matching funds are not
available.
(3)
Monitor institutional use of program funds and accept funds
transferred to the Board by institutions which fail to fully utilize the grant
funds set aside in accordance with Texas Public Educational Grant Program
requirements. If an institution's year-end TPEG balance, including funds on
deposit with the Board, exceeds 150 percent of the amount set aside from tuition,
the excess funds shall be sent to the Board which shall use the funds for
the Toward EXcellence, Access and Success Grant Program.
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 29, 2004.
TRD-200402887
Jan Greenberg
General Counsel
Texas Higher Education Coordinating Board
Proposed date of adoption: July 15, 2004
For further information, please call: (512) 427-6114
19 TAC §§22.101 - 22.107
(Editor's note: The text of the following sections proposed for
repeal will not be published. The sections may be examined in the offices
of the Texas Higher Education Coordinating Board or in the Texas Register
office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
The Texas Higher Education Coordinating Board proposes
the repeal of Chapter 22, Subchapter F, §§22.101 - 22.107 concerning
Provisions for the Scholarship Programs for Vocational Nursing Students, in
its entirety. Specifically, this repeal will delete the current subchapter
and all sections within it. The repeal is the result of the Texas Higher Education
Board's review of Chapter 22, which was posted in the
Texas Register
on February 20, 2004. In conducting the review of Chapter
22, and in light of recent legislative changes in many of the programs administered
by the Student Services Division at this agency, the Office of General Counsel
concluded that the advisability of restructuring many of the rules for ease
of reading, and the numerous new sections, would be more efficiently managed
by repealing the whole subchapter and proposing all new sections.
Ms. Lois Hollis, Assistant Commissioner for Student Services, has determined
that there will not be any fiscal implications to state or local government
as a result of the rules repeal.
Ms. Hollis has also determined that for each year of the first five years
that the repeal is in effect, there will be no public benefit anticipated.
There is no effect on small businesses. There is no anticipated economic cost
to persons who are required to comply with the repeal. There is no impact
on local employment.
Comments on the proposal may be submitted to Ms. Lois Hollis, Assistant
Commissioner for Student Services, Texas Higher Education Coordinating Board,
P.O. Box 12788, Austin, Texas 78711; Lois.Hollis@thecb.state.tx.us.
The repeal of these sections are proposed under the Texas Education
Code, §61.652, which authorizes the Coordinating Board to establish and
administer a scholarship program for vocational nursing students.
The repeal of the sections affect the Texas Education Code, Chapter 61,
Subchapter L. §§61.651, 65.652, and 61.655 - 61.658.
§22.101.Purpose.
§22.102.Eligible Institutions.
§22.103.Program Titles and Distinctions.
§22.104.Eligible Students.
§22.105.Award Amounts.
§22.106.Allocations.
§22.107.Advisory Committee.
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 29, 2004.
TRD-200402890
Jan Greenberg
General Counsel
Texas Higher Education Coordinating Board
Proposed date of adoption: July 15, 2004
For further information, please call: (512) 427-6114
19 TAC §§22.101 - 22.113
The Texas Higher Education Coordinating Board proposes new §§22.101
- 22.113, concerning the Scholarship Programs for Vocational Nursing Students.
Specifically, the proposed new sections implement Texas Education Code §§61.651,
65.652, and 61.655 - 61.658 and have been re-organized, primarily as a result
of incorporating the general provisions regarding state grant and scholarship
programs (currently Chapter 22, Subchapter A) into the rules for individual
programs so that each program's set of rules is a complete, stand-alone document.
The new sections clarify the source of the Board's authority to administer
the program, and add definitions to increase consistency in the interpretation
of program rules and procedures.
Ms. Lois Hollis, Assistant Commissioner for Student Services has determined
that for each year of the first five years the new sections are in effect,
there will not be any fiscal implication to state or local government as a
result of enforcing or administering the rules.
Ms. Hollis has also determined that for each year of the first five years
the new sections are in effect, the public benefit anticipated as a result
of administering the section will be to improve and increase access to higher
education in the state of Texas. There is no effect on small businesses. There
is no anticipated economic cost to persons who are required to comply with
the section as proposed. There is no impact on local employment.
Comments on the new sections may be submitted to Ms. Lois Hollis, Texas
Higher Education Coordinating Board, P.O. Box 12788; Austin, Texas 78711;
(512) 427-6465. Lois.Hollis@thecb.state.tx.us
The new sections are proposed under the Texas Education Code, §61.652,
which authorizes the Coordinating Board to establish and administer a scholarship
program for vocational nursing students.
The new sections affect Texas Education Code, Chapter 61, Subchapter L, §§61.651,
65.652, and 61.655 - 61.658.
§22.101.Authority and Purpose.
(a)
Authority. Authority for this subchapter is provided in
the Texas Education Code, Chapter 61, Subchapter L, Financial Aid for Professional
Nursing Students and Vocational Nursing Students. These rules establish procedures
to administer the subchapter as prescribed in the Texas Education Code, §§61.651,
65.652, and 61.655 - 61.658.
(b)
Purpose. The purpose of the Vocational Nursing Student
Scholarship Programs is to promote the health care and health educational
needs of the citizens of Texas.
§22.102.Definitions.
The following words and terms, when used in this subchapter, shall
have the following meanings, unless the context clearly indicates otherwise:
(1)
Board--The Texas Higher Education Coordinating Board.
(2)
Commissioner--The Commissioner of Higher Education, the
Chief Executive Officer of the Board.
(3)
Cost of attendance--A Board-approved estimate of the expenses
incurred by a typical financial aid student in attending a particular college
or university. It includes direct educational costs (tuition, fees, books,
and supplies) as well as indirect costs (room and board, transportation, and
personal expenses).
(4)
Expected family contribution--The amount of discretionary
income that should be available to a student from his or her resources and
that of his or her family, as determined following the federal methodology.
(5)
Financial need--The cost of attendance at a particular
public or private institution of higher education less the expected family
contribution. The cost of attendance and family contribution are to be determined
in accordance with Board guidelines.
(6)
Half-time student--For undergraduates, enrollment for the
equivalent of six or more semester credit hours. For graduate students, enrollment
for the equivalent of 4.5 or more semester credit hours.
(7)
Program Officer--The individual named by each participating
institution's chief executive officer to serve as agent for the Board. The
Program Officer has primary responsibility for all ministerial acts required
by the program, including maintenance of all records and preparation and submission
of reports reflecting program transactions. Unless otherwise indicated by
the administration, the director of student financial aid shall serve as Program
Officer.
(8)
Resident of Texas--A resident of the State of Texas as
determined in accordance with Chapter 21, Subchapter B of this title (relating
to Determining Residence Status). Nonresident students who are eligible to
pay resident tuition rates are not residents of Texas.
(9)
Rural--Located in a non-metropolitan area as defined by
the United States Census Bureau in its most recent census.
(10)
Vocational Nursing Student--A student enrolled in a nonprofit
school or program that is preparing the student for licensure as a licensed
vocational nurse.
§22.103.Institutions.
(a)
Eligibility.
(1)
Any college or university that is defined as a public or
private or independent institution of higher education by Texas Education
Code, §61.003, and that is preparing students for licensure as a licensed
vocational nurse is eligible to participate in the Vocational Nursing Scholarship
Programs.
(2)
No participating school or program may, on the grounds
of race, color, national origin, gender, religion, age, or disability exclude
an individual from participation in, or deny the benefits of the program described
in this subchapter.
(3)
Each participating school or program must follow the Civil
Rights Act of 1964, Title VI (Public Law 88-353) in avoiding discrimination
in admissions.
(b)
Approval.
(1)
Agreement. Each approved school or program must enter into
an agreement with the Board, the terms of which shall be prescribed by the
Commissioner.
(2)
Approval Deadline. A school or program must be approved
by April 1 in order for qualified students enrolled in that institution to
be eligible to receive grants in the following fiscal year.
(c)
Responsibilities.
(1)
Probation Notice. If the institution is placed on public
probation by its accrediting agency, it must immediately advise scholarship
recipients of this condition and maintain evidence in each student's file
to demonstrate that the student was so informed.
(2)
Disbursements to Students.
(A)
Documentation. The school or program must maintain records
to prove the receipt of program funds by the student or the crediting of such
funds to the student's school account.
(B)
Procedures in Case of Illegal Disbursements. If the Commissioner
has reason for concern that a school or program has disbursed funds for unauthorized
purposes, the Board will notify the school or program and offer an opportunity
for a hearing pursuant to the procedures outlined in Chapter 1 of this title
(relating to Agency Administration). Thereafter, if the Board determines that
funds have been improperly disbursed, the school or program shall become primarily
responsible for restoring the funds to the Board. No further disbursements
of scholarship funds shall be permitted to students at that school or program
until the funds have been repaid.
(3)
Reporting Requirements/Deadlines. Participating schools
or programs must submit vocational nursing enrollment data and (if a public
or private institution of higher education) the Financial Aid Database Report
in a timely fashion.
(4)
Program Reviews. If selected for such by the Board, participating
institutions must submit to program reviews of activities related to the Scholarship
Programs for Vocational Nursing Students.
§22.104.Program Titles and Distinctions.
Two scholarship programs for nursing students are to be administered
in accordance with this subchapter. Their titles are the Scholarship Program
for Rural Vocational Nursing Students and the General Scholarship Program
for Vocational Nursing Students. Both programs will be administered in keeping
with this subchapter.
(1)
Scholarship Program for Rural Vocational Nursing Students.
Students eligible for these funds must have graduated from high schools located
in rural areas or lived in rural areas of Texas for the 12 months prior to
enrollment in a vocational nursing program. Furthermore, Rural Vocational
Nursing Scholarship recipients must be attending a nursing program offered
in a rural area of the state. Otherwise eligible students attending extension
campuses in rural locations are eligible to participate.
(2)
General Scholarship Program for Vocational Nursing Students.
Funds awarded through this program may go to any eligible student.
§22.105.Eligible Students.
(a)
To receive funds through one of the Vocational Nursing
Student Scholarship Programs, a student must:
(1)
be a resident of Texas;
(2)
be enrolled in a vocational nursing program on at least
a half-time basis at an approved institution;
(3)
show financial need, which acts as one of the upper limits
of a student's award through the program; and
(4)
maintain satisfactory academic progress in his or her program
of study as defined by the institution.
(b)
In determining what best promotes the health care and educational
needs of this State, the Board shall consider the following factors relating
to each applicant. The importance to be given each factor will be determined
by the Board in consultation with the advisory committee described in §22.112
of this title (relating to Advisory Committee).
(1)
scholastic ability and performance as measured for entering
freshmen by high school grade point average, rank and scores on standardized
college entrance examination, and for continuing or transfer college students
by college grade point average;
(2)
financial need;
(3)
whether the person is receiving Temporary Assistance for
Needy Families or participates in another public welfare program;
(4)
employment by a state agency; and
(5)
whether the person, at the time of application to participate
in the scholarship program is likely to practice in an area with an acute
nursing shortage.
§22.106.Award Amounts and Uses.
(a)
Funding. Funds awarded through this program may not exceed
the amount appropriated by the Legislature for the program plus any gifts,
grants and donations of real or personal property from any entity, subject
to limitations or conditions set by law, for the purposes of this subchapter.
(b)
Award Amounts and Disbursements. The maximum award for
a student through any of the programs is the lesser of the student's financial
need or $1,500.
(c)
Uses. No scholarship disbursed to a student may be used
for any purpose other than for meeting the cost of attending an approved institution.
(d)
Over Awards. At the time an award is made to a student,
it may not exceed the student's need. No future adjustment is required, however,
if subsequent awards during the student's period of enrollment cause an over
award of $300 or less.
§22.107.Allocations.
Approved institutions shall be invited to submit scholarship applications
for eligible students to the Board by July 15. The number of applications
which may be submitted by each school will be determined by the Board in keeping
with the size of each school's vocational nursing student enrollment.
§22.108.Disbursements to Institutions.
Program officers will submit applications for eligible students to
the Board, which will (through the State Comptroller's Office) issue state
warrants for the students in accordance with disbursement schedules on the
applications.
§22.109.Adjustments to Awards Made through Central Processing.
If a student officially withdraws from enrollment, or for some other
reason, the amount of a student's disbursement exceeds the amount the student
is eligible to receive except in accordance with §22.106(d) of this title
(relating to Award Amounts and Uses), the institution shall follow its general
institutional refund policy in determining the amount to be returned to the
program.
(1)
Funds returned to the Board in the form of institution-issued
checks shall be accompanied with sufficient documentation to enable the Board
to identify the appropriate program and student(s) for whom the funds were
originally issued.
(2)
If the disbursement to be returned is in the form of a
state warrant issued to an individual student, the warrant should be marked
"void" and returned to the Board.
(3)
Funds shall be returned promptly, but in no case shall
funds be returned more than 60 days from the issue date.
§22.110.Retroactive Disbursements.
(a)
A student may receive a disbursement after the end of his/her
period of enrollment if the student:
(1)
owes funds to the institution for the period of enrollment
for which the award is being made; or
(2)
received a student loan that is still outstanding for the
period of enrollment for which the award is being made.
(b)
Funds that are disbursed retroactively must either be used
to pay the student's outstanding balance from his/her period of enrollment
at the institution or to make a payment against an outstanding loan received
during that period of enrollment. Under no circumstances are funds to be released
to the student.
§22.111.Selection of Recipients.
The institution's Program Officer must specify a priority number for
each application submitted. After applying the selection factors determined
in accordance with §22.105(b) of this title (relating to Eligible Students),
the Board will follow school priorities to the extent possible in selecting
award recipients. However, no single institution will receive more than one
award through a program until all institutions submitting valid applications
have received at least one award through the program.
§22.112.Advisory Committee.
(a)
The Board shall appoint an advisory committee to advise
the Board concerning assistance provided under this subchapter to vocational
nursing students.
(1)
The advisory committee shall consist of:
(A)
a chair named by the Board,
(B)
one representative named by the License Vocational Nurses
Association of Texas;
(C)
one representative named by the Texas Organization of Nurse
Executives,
(D)
one representative named by the Board of Vocational Nurse
Examiners of the State of Texas,
(E)
two representative of vocational nursing educational programs
named by the Texas Association of Vocational Nurse Educators,
(F)
one representative named by the Texas Health Care Association,
and
(G)
one representative named by the Texas Association of Homes
for the Aging.
(2)
The costs of participation on an advisory committee of
a member representing a particular organization or agency shall be borne by
that member or the organization or agency the member represents.
(b)
The duties of the advisory committee shall be to:
(1)
advise the Board on appropriate rules for the Vocational
Nursing Student Scholarship Programs;
(2)
advise the Board on the priorities of emphasis among the
scholarship, the matching fund employment program found in Chapter 21, Subchapter
U of this title (relating to the Matching Fund Employment Program for Vocational
Nursing Students) and loan repayment program found in Chapter 21, Subchapter
Q of this title (relating to the Licensed Vocational Nurses' Student Loan
Repayment Program), provided for in Texas Education Code, Chapter 61, Subchapter
L;
(3)
advise the Board on the amount of money needed to fund
adequately the Vocational Nursing Student Scholarship Programs;
(4)
advise the Board on the establishment of priorities among
the criteria for consideration of application approval which are listed in
Texas Education Code, Chapter 61, Subchapter L, and in these rules; and
(5)
assist the Board in the dissemination of information on
the Vocational Nursing Student Scholarship Programs.
§22.113.Dissemination of Information and Rules.
The Board and its advisory committees are responsible for publishing
and disseminating general information and program rules for the programs described
in this chapter.
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 29, 2004.
TRD-200402889
Jan Greenberg
General Counsel
Texas Higher Education Coordinating Board
Proposed date of adoption: July 15, 2004
For further information, please call: (512) 427-6114
19 TAC §§22.121 - 22.128
(Editor's note: The text of the following sections proposed for
repeal will not be published. The sections may be examined in the offices
of the Texas Higher Education Coordinating Board or in the Texas Register
office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
The Texas Higher Education Coordinating Board proposes
the repeal of Chapter 22, Subchapter G, §§22.121 - 22.128 concerning
Provisions for the Scholarship Programs for Professional Nursing Students,
in its entirety. Specifically, this repeal will delete the current subchapter
and all sections within it. The repeal is the result of the Texas Higher Education
Board's review of Chapter 22, which was posted in the
Texas Register
on February 20, 2004. In conducting the review of Chapter
22, and in light of recent legislative changes in many of the programs administered
by the Student Services Division at this agency, the Office of General Counsel
concluded that the advisability of restructuring many of the rules for ease
of reading, and the numerous new sections, would be more efficiently managed
by repealing the whole subchapter and proposing all new sections.
Ms. Lois Hollis, Assistant Commissioner for Student Services, has determined
that there will not be any fiscal implications to state or local government
as a result of the rules repeal.
Ms. Hollis has also determined that for each year of the first five years
that the repeal is in effect, there will be no public benefit anticipated.
There is no effect on small businesses. There is no anticipated economic cost
to persons who are required to comply with the repeal. There is no impact
on local employment.
Comments on the proposal may be submitted to Ms. Lois Hollis, Assistant
Commissioner for Student Services, Texas Higher Education Coordinating Board,
P.O. Box 12788, Austin, Texas 78711; Lois.Hollis@thecb.state.tx.us.
The repeal of these sections are proposed under the Texas Education
Code, §61.652, which authorizes the Coordinating Board to establish and
administer a scholarship program for professional nursing students.
The repeal of the sections affect the Texas Education Code, Chapter 61,
Subchapter L. §§61.651, 65.652, and 61.655 - 61.658.
§22.121.Purpose.
§22.122.Eligible Institutions.
§22.123.Program Titles and Distinctions.
§22.124.Eligible Students.
§22.125.Award Amounts.
§22.126.Allocations.
§22.127.Advisory Committee.
§22.128.Refunds.
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 29, 2004.
TRD-200402892
Jan Greenberg
General Counsel
Texas Higher Education Coordinating Board
Proposed date of adoption: July 15, 2004
For further information, please call: (512) 427-6114
19 TAC §§22.121 - 22.133
The Texas Higher Education Coordinating Board proposes new §§22.121
- 22.133, concerning the Scholarship Programs for Professional Nursing Students.
Specifically, the proposed new sections implement Texas Education Code §§61.651,
61.652, and 61.655 - 61.658 and have been re-organized, primarily as a result
of incorporating general provisions regarding state grant and scholarship
programs (currently Chapter 22, Subchapter A) into the rules for individual
programs so that each program's set of rules is a complete, stand-alone document.
The new sections clarify the source of the Board's authority to administer
the program and add definitions to increase consistency in the interpretation
of program rules and procedures.
Ms. Lois Hollis, Assistant Commissioner for Student Services has determined
that for each year of the first five years the new sections are in effect,
there will not be any fiscal implication to state or local government as a
result of enforcing or administering the rules.
Ms. Hollis has also determined that for each year of the first five years
the new sections are in effect, the public benefit anticipated as a result
of administering the section will be to improve and increase access to higher
education in the state of Texas. There is no effect on small businesses. There
is no anticipated economic cost to persons who are required to comply with
the section as proposed. There is no impact on local employment.
Comments on the new sections may be submitted to Ms. Lois Hollis, Texas
Higher Education Coordinating Board, P.O. Box 12788; Austin, Texas 78711;
(512) 427-6465. Lois.Hollis@thecb.state.tx.us
The new sections are proposed under the Texas Education Code, §61.652,
which authorizes the Coordinating Board to establish and administer a scholarship
program for professional nursing students.
The new sections affect Texas Education Code, Chapter 61, Subchapter L, §§61.651,
61.652, and 61.655 - 61.658.
§22.121.Authority and Purpose.
(a)
Authority. Authority for this subchapter is provided in
the Texas Education Code, Chapter 61, Subchapter L, Financial Aid for Professional
Nursing Students and Vocational Nursing Students. These rules establish procedures
to administer the subchapter as prescribed in the Texas Education Code, §§61.651,
61.652, and 61.655 - 61.658.
(b)
Purpose. The purpose of the Professional Nursing Student
Scholarship Programs is to promote the health care and health educational
needs of the citizens of Texas.
§22.122.Definitions.
The following words and terms, when used in this subchapter, shall
have the following meanings, unless the context clearly indicates otherwise:
(1)
Board--The Texas Higher Education Coordinating Board.
(2)
Commissioner--The Commissioner of Higher Education, the
Chief Executive Officer of the Board.
(3)
Cost of attendance--A Board-approved estimate of the expenses
incurred by a typical financial aid student in attending a particular college
or university. It includes direct educational costs (tuition, fees, books,
and supplies) as well as indirect costs (room and board, transportation, and
personal expenses).
(4)
Expected family contribution--The amount of discretionary
income that should be available to a student from his or her resources and
that of his or her family, as determined following the federal methodology.
(5)
Financial need--The cost of attendance at a particular
public or private institution of higher education less the expected family
contribution. The cost of attendance and family contribution are to be determined
in accordance with Board guidelines.
(6)
Half-time student--For undergraduates, enrollment for the
equivalent of six or more semester credit hours. For graduate students, enrollment
for the equivalent of 4.5 or more semester credit hours.
(7)
Professional nursing student--A student enrolled in an
eligible public, private or independent institution of higher education in
a course of study leading to an initial or an advanced degree in professional
nursing.
(8)
Program Officer--The individual named by each participating
institution's chief executive officer to serve as agent for the Board. The
Program Officer has primary responsibility for all ministerial acts required
by the program, including maintenance of all records and preparation and submission
of reports reflecting program transactions. Unless otherwise indicated by
the administration, the director of student financial aid shall serve as Program
Officer.
(9)
Resident of Texas--A resident of the State of Texas as
determined in accordance with Chapter 21, Subchapter B of this title (relating
to Determining Residence Status). Nonresident students who are eligible to
pay resident tuition rates are not residents of Texas.
(10)
Rural--Located in a non-metropolitan area as defined by
the United States Census Bureau in its most recent census.
§22.123.Institutions.
(a)
Eligibility.
(1)
Any college or university defined as a public or private
or independent institution of higher education by Texas Education Code, §
61.003, or that is located in Texas and meets the same program standards and
accreditation as public institutions of higher education as determined by
the Board is eligible to participate in the Professional Nursing Scholarship
Programs.
(2)
No institution may, on the grounds of race, color, national
origin, gender, religion, age, or disability exclude an individual from participation
in, or deny the benefits of the program described in this subchapter.
(3)
Each participating institution must follow the Civil Rights
Act of 1964, Title VI (Public Law 88-353) in avoiding discrimination in admissions.
(b)
Approval.
(1)
Agreement. Each approved institution must enter into an
agreement with the Board, the terms of which shall be prescribed by the Commissioner.
(2)
Approval Deadline. An institution must be approved by April
1 in order for qualified students enrolled in that institution to be eligible
to receive grants in the following fiscal year.
(c)
Responsibilities.
(1)
Probation Notice. If the institution is placed on public
probation by its accrediting agency, it must immediately advise scholarship
recipients of this condition and maintain evidence in each student's file
to demonstrate that the student was so informed.
(2)
Disbursements to Students.
(A)
Documentation. The institution must maintain records to
prove the receipt of program funds by the student or the crediting of such
funds to the student's school account.
(B)
Procedures in Case of Illegal Disbursements. If the Commissioner
has reason for concern that an institution has disbursed funds for unauthorized
purposes, the Board will notify the institution and offer an opportunity for
a hearing pursuant to the procedures outlined in Chapter 1 of this title (relating
to Agency Administration). Thereafter, if the Board determines that funds
have been improperly disbursed, the institution shall become primarily responsible
for restoring the funds to the Board. No further disbursements of scholarship
funds shall be permitted to students at that institution until the funds have
been repaid.
(3)
Reporting Requirements/Deadlines. Participating institutions
must submit professional nursing student enrollment data and the Financial
Aid Database Report to the Board in a timely fashion.
(4)
Program Reviews. If selected for such by the Board, participating
institutions must submit to program reviews of activities related to the Scholarship
Programs for Professional Nursing Students.
§22.124.Program Titles and Distinctions.
Four scholarship programs for nursing students are to be administered
in accordance with this subchapter. Their titles are the Scholarship Program
for Rural Professional Nursing Students, the Scholarship Program for Licensed
Vocational Nurses Becoming Professional Nurses, the Scholarship Program for
Rural BSN and Graduate Nursing Students, and the General Scholarship Program
for Professional Nursing Students. All four programs will be administered
in keeping with this subchapter.
(1)
Scholarship Program for Rural Professional Nursing Students.
Students eligible for these funds must have graduated from high schools located
in rural areas, or lived in such a rural area of Texas for the 12 months prior
to enrollment in a professional nursing program. Furthermore, Rural Professional
Nursing Scholarship recipients must be attending a nursing program offered
in a rural area of the state. Otherwise eligible students enrolled in extended
campuses in rural locations are eligible to participate.
(2)
Scholarship Program for Licensed Vocational Nurses Becoming
Professional Nurses. Students eligible for these funds must be Licensed Vocational
Nurses who are enrolled in a program leading to licensure as a Professional
Nurse.
(3)
Scholarship Program for Rural BSN and Graduate Nursing
Students. Students eligible for these funds must have graduated from high
schools located in rural areas or must have lived in a rural area of Texas
for the 12 months prior to enrollment in a professional nursing program. Rural
BSN and graduate nursing students may be attending a nursing program offered
at any eligible institution in the State.
(4)
General Scholarship Program for Professional Nursing Students.
Funds awarded through this program may go to any eligible student.
§22.125.Eligible Students.
(a)
To receive funds through one of the Professional Nursing
Student Scholarship Programs, a student must:
(1)
be a resident of Texas;
(2)
be enrolled on at least a half-time basis at an approved
institution;
(3)
show financial need, which acts as one of the upper limits
of a student's award through the program;
(4)
maintain satisfactory academic progress in his or her program
of study as defined by the institution; and
(5)
be enrolled in a professional nursing program and, (if
applying for an award through the Scholarship Program for Licensed Vocational
Nurses studying to become Professional Nurses), be a Licensed Vocational Nurse.
(b)
In determining what best promotes the health care and educational
needs of this State, the Board shall consider the following factors relating
to each applicant. The importance given each factor will be determined by
the Board in consultation with the advisory committee described in §22.132
of this title (relating to Advisory Committee).
(1)
scholastic ability and performance as measured for entering
freshmen by high school grade point average, rank and scores on standardized
college entrance examination, and for continuing or transfer college students
by its college grade point average;
(2)
geographical area of intended nursing practice;
(3)
financial need;
(4)
whether the person is receiving Temporary Assistance for
Needy Families or participates in another public welfare program;
(5)
employment by a state agency;
(6)
employment on a nursing school faculty of an eligible institution;
and
(7)
whether the person at the time of application to participate
in the scholarship program is a practicing nurse in an area with an acute
nursing shortage or is likely to practice in such an area.
§22.126.Award Amounts and Uses.
(a)
Funding. Funds awarded through this program may not exceed
the amount appropriated by the Legislature for that program plus any gifts,
grants and donations of real or personal property from any entity, subject
to limitations or conditions set by law, for the purposes of this subchapter.
(b)
Award Amounts and Disbursements. The maximum award for
a student through any of the programs is the lesser of the student's financial
need or the program maximum as stated below:
(1)
for the Scholarship Program for Rural Professional Nursing
Students - $1,500 per year for those enrolled in an associate degree program;
$2,500 for each student enrolled in a baccalaureate or graduate degree program;
(2)
for the Scholarship Program for Licensed Vocational Nurses
Becoming Professional Nurses - $1,500 for students enrolled in an associate
degree program; $2,500 for those enrolled in a baccalaureate or graduate degree
program;
(3)
for the Scholarship Program for Rural BSN and Graduate
Nursing Students - $2,500 per year; and
(4)
for the General Scholarship for Professional Nursing Students
- $2,000 per year.
(c)
Uses. No scholarship disbursed to a student may be used
for any purpose other than for meeting the cost of attending an approved institution.
(d)
Over Awards. At the time an award is made to a student,
it may not exceed the student's need. No future adjustment is required, however,
if subsequent awards during the student's period of enrollment cause an over
award of $300 or less.
§22.127.Allocations.
Approved institutions shall be invited to submit scholarship applications
for eligible students to the Board by July 15. The number of applications
which may be submitted by each school will be determined by the Board in keeping
with the size of each school's professional nursing student enrollment. The
Board shall notify each school how many applications may be submitted by April
30 of each year.
§22.128.Disbursements to Institutions.
Program officers will submit applications for eligible students to
the Board, which will (through the State Comptroller's Office) issue state
warrants for the students in accordance with disbursement schedules on the
applications.
§22.129.Adjustments to Awards Made through Central Processing
If a student officially withdraws from enrollment, or for some other
reason, the amount of a student's disbursement exceeds the amount the student
is eligible to receive except in accordance with §22.126(d) of this title
(relating to Award Amounts and Uses), the institution shall follow its general
institutional refund policy in determining the amount to be returned to the
program.
(1)
Funds returned to the Board in the form of institution-issued
checks shall be accompanied with sufficient documentation to enable the Board
to identify the appropriate program and student(s) for whom the funds were
originally issued.
(2)
If the disbursement to be returned is in the form of a
state warrant issued to an individual student, the warrant should be marked
"void" and returned to the Board.
(3)
Funds shall be returned promptly, but in no case shall
funds be returned more than 60 days from the issue date.
§22.130.Retroactive Disbursements.
(a)
A student may receive a disbursement after the end of his/her
period of enrollment if the student:
(1)
owes funds to the institution for the period of enrollment
for which the award is being made; or
(2)
received a student loan that is still outstanding for the
period of enrollment for which the award is being made.
(b)
Funds that are disbursed retroactively must either be used
to pay the student's outstanding balance from his/her period of enrollment
at the institution or to make a payment against an outstanding loan received
during that period of enrollment. Under no circumstances are funds to be released
to the student.
§22.131.Selection of Recipients.
The institution's Program Officer must specify a priority number for
each application submitted. After applying the selection factors listed in §22.125(b)
of this title (relating to Eligible Students), the Board will follow school
priorities to the extent possible in selecting award recipients. However,
no single institution will receive more than one award through a program until
all institutions submitting valid applications have received at least one
award through the program.
§22.132.Advisory Committee.
(a)
The Board shall appoint an advisory committee to advise
the Board concerning assistance provided under this subchapter to professional
nursing students.
(1)
The advisory committee shall consist of:
(A)
a chair named by the Board,
(B)
one representative named by the Texas Nurses Association,
(C)
one representative named by the Texas Organization of Nurse
Executives,
(D)
one representative named by the Board of Nurse Examiners,
(E)
a head of each of the three types of professional nursing
educational programs, named by the deans and directors of nursing programs
in this state,
(F)
a representative of graduate nursing education named by
the deans and directors of nursing programs in this state,
(G)
one representative named by the Texas Health Care Association,
and
(H)
one representative named by the Texas Association of Homes
for the Aging.
(2)
The costs of participation on an advisory committee of
a member representing a particular organization or agency shall be borne by
that member or the organization or agency the member represents.
(b)
The duties of the advisory committee shall be to:
(1)
advise the Board on appropriate rules for the Professional
Nursing Student Scholarship Programs;
(2)
advise the Board on the priorities of emphasis among the
scholarship, the matching fund employment program found in Chapter 21, Subchapter
T of this title (relating to the Matching Fund Employment Program for Professional
Nursing Students) and loan repayment program found in Chapter 21, Subchapter
P of this title (relating to the Professional Nurses' Student Loan Repayment
Program), provided for in Texas Education Code, Chapter 61, Subchapter L;
(3)
advise the Board on the amount of money needed to fund
adequately the Professional Nursing Student Scholarship Programs;
(4)
advise the Board on the establishment of priorities among
the criteria for consideration of application approval which are named in
Texas Education Code, Chapter 61, Subchapter L, and in these rules; and
(5)
assist the Board in the dissemination of information on
the Professional Nursing Student Scholarship Programs.
§22.133.Dissemination of Information and Rules.
The Board and its advisory committees are responsible for publishing
and disseminating general information and program rules for the programs described
in this chapter.
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 29, 2004.
TRD-200402891
Jan Greenberg
General Counsel
Texas Higher Education Coordinating Board
Proposed date of adoption: July 15, 2004
For further information, please call: (512) 427-6114
19 TAC §§22.141 - 22.148
(Editor's note: The text of the following sections proposed for
repeal will not be published. The sections may be examined in the offices
of the Texas Higher Education Coordinating Board or in the Texas Register
office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
The Texas Higher Education Coordinating Board proposes
the repeal of Chapter 22, Subchapter H, §§22.141 - 22.148 concerning
Provisions for the License Plate Insignia Scholarship Program, in its entirety.
Specifically, this repeal will delete the current subchapter and all sections
within it. The repeal is the result of the Texas Higher Education Board's
review of Chapter 22, which was published in the February 20, 2004, issue
of the
Texas Register
(29 TexReg 1677). In
conducting the review of Chapter 22, and in light of recent legislative changes
in many of the programs administered by the Student Services Division at this
agency, the Office of General Counsel concluded that the advisability of restructuring
many of the rules for ease of reading, and the numerous new sections, would
be more efficiently managed by repealing the whole subchapter and proposing
all new sections.
Lois Hollis, Assistant Commissioner for Student Services, has determined
that there will not be any fiscal implications to state or local government
as a result of the repeal.
Ms. Hollis has also determined that for each year of the first five years
that the repeal is in effect, there will be no public benefit anticipated.
There is no effect on small businesses. There is no anticipated economic cost
to persons who are required to comply with the repeal. There is no impact
on local employment.
Comments on the proposal may be submitted to Lois Hollis, Assistant Commissioner
for Student Services, Texas Higher Education Coordinating Board, P.O. Box
12788, Austin, Texas 78711; Lois.Hollis@thecb.state.tx.us.
The repeal is proposed under the Texas Transportation Code, §502.270,
which authorizes the Transportation Department to issue for passenger cars
and light trucks specially designed license plates that include the name and
insignia of either an institution of higher education as defined by §61.003(8),
Texas Education Code, or a private college or university described by §61.222,
Texas Education Code, and allows a portion of the money collected from the
issuance of the license plates to be used for scholarships to students who
demonstrate a need for financial assistance under Texas Higher Education Coordinating
Board rule.
The repeal affects the Texas Transportation Code, §502.270, Collegiate
License Plates.
§22.141.Purpose.
§22.142.Eligible Institutions.
§22.143.Eligible Students.
§22.144.Award Amounts.
§22.145.Funding.
§22.146.Allocations and Reallocations.
§22.147.Disbursements.
§22.148.Year-end Reports from Public Universities.
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 29, 2004.
TRD-200402893
Jan Greenberg
General Counsel
Texas Higher Education Coordinating Board
Proposed date of adoption: July 15, 2004
For further information, please call: (512) 427-6114
19 TAC §§22.141 - 22.148
The Texas Higher Education Coordinating Board proposes new §§22.141
- 22.148, concerning the Provisions for the License Plate Insignia Scholarship
Program. Specifically, the proposed new sections implement the Texas Transportation
Code §502.270 and have been re-organized, primarily as a result of incorporating
general provisions regarding state grant and scholarship programs (currently
Chapter 22, Subchapter A) into the rules for individual programs so that each
program's set of rules is a complete, stand-alone document. The new sections
clarify the source of the Board's authority to administer the program and
add definitions to increase consistency in the interpretation of program rules
and procedures.
Lois Hollis, Assistant Commissioner for Student Services has determined
that for each year of the first five years the new sections are in effect,
there will not be any fiscal implication to state or local government as a
result of enforcing or administering the sections.
Ms. Hollis has also determined that for each year of the first five years
the new sections are in effect, the public benefit anticipated as a result
of administering the sections will be to improve and increase access to higher
education in the state of Texas. There is no effect on small businesses. There
is no anticipated economic cost to persons who are required to comply with
the new sections as proposed. There is no impact on local employment.
Comments on the new sections may be submitted to Lois Hollis, Texas Higher
Education Coordinating Board, P.O. Box 12788; Austin, Texas 78711; (512) 427-6465;
Lois.Hollis@thecb.state.tx.us.
The new sections are proposed under the Texas Transportation
Code, §502.270, which authorizes the Transportation Department to issue
for passenger cars and light trucks specially designed license plates that
include the name and insignia of either an institution of higher education
as defined by §61.003(8), Texas Education Code, or a private college
or university described by Texas Education Code, §61.222, and allows
a portion of the money collected from the issuance of the license plates to
be used for scholarships to students who demonstrate a need for financial
assistance under Texas Higher Education Coordinating Board rule.
The new sections affect Texas Transportation Code, §502.270, Collegiate
License Plates.
§21.141.Authority and Purpose.
(a)
Authority. Authority for this subchapter is provided in
the Texas Transportation Code regarding Collegiate License Plates. These rules
establish procedures to administer the subchapter as prescribed in the Texas
Transportation Code, §502.270, generally known as the License Plate Insignia
Scholarship Program.
(b)
Purpose. The purpose of the License Plate Insignia Scholarship
Program is to provide financial assistance to needy students attending eligible
public or independent colleges or universities in Texas.
§22.142.Definitions.
The following words and terms, when used in this subchapter, shall
have the following meanings, unless the context clearly indicates otherwise:
(1)
Board--The Texas Higher Education Coordinating Board.
(2)
Cost of Attendance--A Board-approved estimate of the expenses
incurred by a typical financial aid recipient in attending a particular college
or university. It includes direct educational costs (tuition, fees, books
and supplies) as well as indirect costs (room and board, transportation, and
personal expenses).
(3)
Department--The Department of Highways and Public Transportation.
(4)
Expected Family Contribution--The amount of discretionary
income that should be available to a student from his or her resources and
that of his or her family, as determined following the federal methodology.
(5)
Financial need--The cost of attendance at a particular
public or private institution of higher education less the expected family
contribution and any gift aid for which the student is entitled. The cost
of education and family contribution figures are to be determined in accordance
with Board guidelines.
§22.143.Institutions.
(a)
Eligibility.
(1)
Any college or university defined as a public, private
or independent institution of higher education by Texas Education Code, §61.003,
is eligible to participate in the License Plate Insignia Scholarship Program.
(2)
No institution may, on the grounds of race, color, national
origin, gender, religion, age, or disability exclude an individual from participation
in, or deny the benefits of the program described in this subchapter.
(3)
Each participating institution must follow the Civil Rights
Act of 1964, Title VI (Public Law 88-353) in avoiding discrimination in admissions.
(b)
Approval. Each approved institution must enter into an
agreement with the Board, the terms of which shall be prescribed by the Commissioner.
(c)
Responsibilities.
(1)
Probation Notice. If the institution is placed on public
probation by its accrediting agency, it must immediately advise grant recipients
of this condition and maintain evidence in each student's file to demonstrate
that the student was so informed.
(2)
Disbursements to Students.
(A)
Documentation. The institution must maintain records to
prove the receipt of program funds by the student or the crediting of such
funds to the student's school account.
(B)
Procedures in Case of Illegal Disbursements. If the Commissioner
has reason for concern that an institution has disbursed funds for unauthorized
purposes, the Board will notify the institution and offer an opportunity for
a hearing pursuant to the procedures outlined in Chapter 1 of this title (relating
to Agency Administration). Thereafter, if the Board determines that funds
have been improperly disbursed, the institution shall become primarily responsible
for restoring the funds to the Board. No further disbursements of grants or
scholarships shall be permitted to students at that institution until the
funds have been repaid.
(3)
Reporting Requirements/Deadlines. All institutions must
meet Board reporting requirements in a timely fashion. Such reporting requirements
shall include the Financial Aid Database Report as well as progress and year-end
reports of program activities.
(4)
In addition, the institution must meet the Department of
Transportation's requirements for designing and issuing license plates bearing
the institution's insignia.
§22.144.Eligible Students.
In order to qualify for an award through this program a student must
demonstrate financial need.
§22.145.Award Amounts and Uses.
(a)
Funding. No awards may be made by an institution in excess
of the amount of money on balance at the State Comptroller's Office for that
institution, generated through the sale of special license plates bearing
the institution's insignia.
(1)
The License Plate Insignia Scholarship Program is funded
through funds paid to the department for the purchase of automobile license
plates bearing the insignia of Texas colleges and universities. The amount
of money available for scholarships to students at each institution will depend
on the number of license plates purchased with that school's insignia.
(2)
Funds for license plates bearing the insignia of public
senior colleges and universities will be held on deposit by the State Comptroller's
Office, for the institutions to draw down as needed. Funds for license plates
bearing the insignia of other public, private and independent institutions
will be deposited in the State Treasury to the credit of the Board, which
in turn will allocate the funds to the relevant institutions.
(b)
Award Amount. No award received through this program may
exceed a student's financial need.
(c)
Uses. No scholarship disbursed to a student may be used
for any purpose other than for meeting the cost of attending an approved institution.
(d)
Over Awards. If, at a time after an award has been offered
by the institution and accepted by the student, the student receives assistance
that was not taken into account in the student's estimate of financial need,
so that the resulting sum of assistance exceeds the student's financial need,
the institution is not required to adjust the award under this program unless
the sum of the excess resources is greater than $300.
§22.146.Allocations and Reallocations.
Each institution will have at its disposal the portion of funds generated
through the sale of its own license plates in accordance with Texas Transportation
Code, §506.270(d).
§22.147.Disbursements.
Awards are to be made to eligible students at each institution in accordance
with these rules and regulations.
(1)
For public senior colleges and universities. The department
deposits funds from purchased license plates directly into the institution's
account at the State Comptroller's Office. Therefore, public senior colleges
and universities may draw from those funds as appropriate to make awards to
eligible students.
(2)
For other public institutions. Funds will be made available
to the institution through the Board. On a regular basis (at least monthly),
the Board will send the institution a state warrant for the amount of License
Plate Insignia Scholarship funds generated through the sale of license plates
and deposited by the department in the State Comptroller's Office for that
institution.
(3)
For private or independent institutions. At the beginning
of each fiscal year and periodically as funds are deposited in the State Comptroller's
Office by the department, the Board will notify the institution as to the
amount of funds available for awarding as scholarships. On receipt of a student's
application and certification by the financial aid officer of the amount of
the scholarship for which the student is eligible, the Board shall forward
funds to the institution for disbursement to the students.
§22.148.Dissemination of Information and Rules.
The Board is responsible for publishing and disseminating general information
and program rules for the program described in this subchapter.
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 29, 2004.
TRD-200402894
Jan Greenberg
General Counsel
Texas Higher Education Coordinating Board
Proposed date of adoption: July 15, 2004
For further information, please call: (512) 427-6114
19 TAC §§22.161 - 22.169
(Editor's note: The text of the following sections proposed for
repeal will not be published. The sections may be examined in the offices
of the Texas Higher Education Coordinating Board or in the Texas Register
office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
The Texas Higher Education Coordinating Board proposes
the repeal of Chapter 22, Subchapter I, §§22.161 - 22.169, concerning
Provisions for the Fifth-Year Accounting Student Scholarship Program, in its
entirety. Specifically, this repeal will delete the current subchapter and
all sections within it. The repeal is the result of the Texas Higher Education
Board's review of Chapter 22, which was published in the February 20, 2004,
issue of the
Texas Register
(29 TexReg 1677).
In conducting the review of Chapter 22, and in light of recent legislative
changes in many of the programs administered by the Student Services Division
at this agency, the Office of General Counsel concluded that the advisability
of restructuring many of the rules for ease of reading, and the numerous new
sections, would be more efficiently managed by repealing the whole subchapter
and proposing all new sections.
Lois Hollis, Assistant Commissioner for Student Services, has determined
that there will not be any fiscal implications to state or local government
as a result of the repeal.
Ms. Hollis has also determined that for each year of the first five years
that the repeal is in effect, there will be no public benefit anticipated.
There is no effect on small businesses. There is no anticipated economic cost
to persons who are required to comply with the repeal. There is no impact
on local employment.
Comments on the proposal may be submitted to Lois Hollis, Assistant Commissioner
for Student Services, Texas Higher Education Coordinating Board, P.O. Box
12788, Austin, Texas 78711; Lois.Hollis@thecb.state.tx.us.
The repeal is proposed under the Texas Education Code, §61.7530,
which authorizes the Coordinating Board to establish and administer scholarships
for fifth-year accounting students.
The repeal affects the Texas Education Code, Chapter 61, Subchapter N, §§61.751
- 61.760.
§22.161.Purpose.
§22.162.Eligible Institutions.
§22.163.Eligible Students.
§22.164.Award Amounts.
§22.165.Funding.
§22.166.Allocations and Reallocations.
§22.167.Disbursements.
§22.168.Advisory Committee.
§22.169.Reporting Requirements.
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 29, 2004.
TRD-200402896
Jan Greenberg
General Counsel
Texas Higher Education Coordinating Board
Proposed date of adoption: July 15, 2004
For further information, please call: (512) 427-6114
19 TAC §§22.161 - 22.172
The Texas Higher Education Coordinating Board proposes new §§22.161
- 22.172, concerning the Provisions for the Fifth-Year Accounting Students
Scholarship Program. Specifically, the proposed new sections implement the
Texas Education Code §§61.751 - 61.760 and have been re-organized,
primarily as a result of incorporating general provisions regarding state
grant and scholarship programs (currently Chapter 22, Subchapter A) into the
rules for individual programs so that each program's set of rules is a complete,
stand-alone document. The new sections clarify the source of the Board's authority
to administer the program and add definitions to increase consistency in the
interpretation of program rules and procedures, state the Board's authority
to penalize institutions failing to meet program requirements and provide
institutions more detail regarding Board procedures in allocating and reallocating
funds.
Lois Hollis, Assistant Commissioner for Student Services has determined
that for each year of the first five years the new sections are in effect,
there will not be any fiscal implication to state or local government as a
result of enforcing or administering the sections.
Ms. Hollis has also determined that for each year of the first five years
the new sections are in effect, the public benefit anticipated as a result
of administering the sections will be to improve and increase access to higher
education in the state of Texas. There is no effect on small businesses. There
is no anticipated economic cost to persons who are required to comply with
the new sections as proposed. There is no impact on local employment.
Comments on the new sections may be submitted to Lois Hollis, Texas Higher
Education Coordinating Board, P.O. Box 12788; Austin, Texas 78711; (512) 427-6465;
Lois.Hollis@thecb.state.tx.us.
The new sections are proposed under the Texas Education Code, §61.753,
which authorizes the Coordinating Board to establish and administer scholarships
for fifth-year accounting students.
The new sections affect the Texas Education Code, Chapter 61, Subchapter
N, §§61.751 - 61.760.
§22.161.Authority and Purpose.
(a)
Authority. Authority for this subchapter is provided in
the Texas Education Code, Chapter 61, Subchapter N, Scholarships for Fifth-Year
Accounting Students. These rules establish procedures to administer the subchapter
as prescribed in the Texas Education Code, §§61.751 - 61.758.
(b)
The purpose of the Fifth-Year Accounting Student Scholarship
Program is to promote the professional and educational needs of the state;
increase the number of highly trained and educated professional accountants
available to serve the residents of this state; improve the state's business
environment and encourage economic development and financial stability; and
identify, recognize and support outstanding scholars who plan to pursue careers
in accounting.
§22.162.Definitions.
The following words and terms, when used in this subchapter, shall
have the following meanings, unless the context clearly indicates otherwise:
(1)
Board--The Texas Higher Education Coordinating Board.
(2)
Central processing--An approach to administering a scholarship
program by having institutions submit application information to the Board,
which then issues funds to students in keeping with a schedule specified by
the institution in the application data.
(3)
Commissioner--The Commissioner of Higher Education, the
Chief Executive Officer of the Board.
(4)
Cost of attendance--A Board-approved estimate of the expenses
incurred by a typical financial aid student in attending a particular college
or university. It includes direct educational costs (tuition, fees, books,
and supplies) as well as indirect costs (room and board, transportation, and
personal expenses).
(5)
Encumbered funds--Program funds that have been offered
to a specific student, which offer the student has accepted, and which may
or may not have been disbursed to the student.
(6)
Expected family contribution--The amount of discretionary
income that should be available to a student from his or her resources and
that of his or her family, as determined following the federal methodology.
(7)
Financial need--The cost of attendance at a particular
public or private institution of higher education less the expected family
contribution. The cost of attendance and family contribution are to be determined
in accordance with Board guidelines.
(8)
Half-time student--For undergraduates, a person who is
enrolled or is expected to be enrolled for the equivalent of six or more semester
credit hours. For graduate students, a person who is enrolled or expected
to be enrolled for the equivalent of 4.5 or more semester credit hours.
(9)
Issue date--The date on which the Board's centralized processing
system generates a voucher requesting a grant disbursement for specific students.
(10)
Period of enrollment--The term or terms within the current
state fiscal year (September 1 - August 31) for which the student was enrolled
in an approved institution and met all the eligibility requirements for an
award through the program described in this chapter.
(11)
Program Officer--The individual named by each participating
institution's chief executive officer to serve as agent for the Board. The
Program Officer has primary responsibility for all ministerial acts required
by the program, including maintenance of all records and preparation and submission
of reports reflecting program transactions. Unless otherwise indicated by
the administration, the director of student financial aid shall serve as Program
Officer.
(12)
Resident of Texas--A resident of the State of Texas as
determined in accordance with Chapter 21, Subchapter B, of this title (relating
to Determining Residence Status). Nonresident students who are eligible to
pay resident tuition rates are not residents of Texas.
§22.163.Institutions.
(a)
Eligibility.
(1)
Any college or university defined as a public, private
or independent institution of higher education by Texas Education Code, §61.003,
is eligible to participate in the Fifth-Year Accounting Student Scholarship
Program.
(2)
No institution may, on the grounds of race, color, national
origin, gender, religion, age or disability exclude an individual from participation
in, or deny the benefits of the program descried in this subchapter.
(3)
Each participating institution must follow the Civil Rights
Act of 1964, Title VI (Public Law 88-353) in avoiding discrimination in admissions.
(b)
Approval.
(1)
Agreement. Each approved institution must enter into an
agreement with the Board, the terms of which shall be prescribed by the Commissioner.
(2)
Approval Deadline. An institution must be approved by April
1 in order for qualified students enrolled in that institution to be eligible
to receive scholarships in the following fiscal year.
(c)
Responsibilities.
(1)
Probation Notice. If the institution is placed on public
probation by its accrediting agency, it must immediately advise scholarship
recipients of this condition and maintain evidence in each student's file
to demonstrate that the student was so informed.
(2)
Disbursements to Students.
(A)
Documentation. The institution must maintain records to
prove the receipt of program funds by the student or the crediting of such
funds to the student's school account.
(B)
Procedures in Case of Illegal Disbursements. If the Commissioner
has reason for concern that an institution has disbursed funds for unauthorized
purposes, the Board will notify the institution and offer an opportunity for
a hearing pursuant to the procedures outlined in Chapter 1 of this title (relating
to Agency Administration). Thereafter, if the Board determines that funds
been improperly disbursed, the institution shall become primarily responsible
for restoring the funds to the Board. No further disbursements of scholarship
funds shall be permitted to students at that institution until the funds have
been repaid.
(d)
Reporting.
(1)
Requirements/Deadlines. All institutions must meet Board
reporting requirements in a timely fashion. Such reporting requirements shall
include reports specific to allocation and reallocation of scholarship funds
(including the Financial Aid Database Report) as well as progress and year-end
reports.
(2)
Penalties for Late Reports.
(A)
An institution that postmarks or electronically submits
a progress report a week or more after its due date will be ineligible to
receive additional funding through the reallocation occurring at that time.
(B)
The Commissioner may penalize an institution by reducing
its allocation of funds in the following year by up to 10 percent for each
progress report that is postmarked or submitted electronically more than a
week late.
(C)
The Commissioner may assess more severe penalties against
an institution if any report is received by the Board more than one month
after its due date. The maximum penalty for a single year is 30 percent of
the school's allocation. If penalties are invoked two consecutive years, the
institution may be penalized an additional 20 percent.
(3)
Appeals. If the Commissioner determines that a penalty
is appropriate, the institution will be notified by certified mail, addressed
to the Program Officer. Within 21 days from the time that the Program Officer
receives the written notice, the institution must submit a written response
appealing the Board's decision, or the penalty shall become final and no longer
subject to an appeal. An appeal under this section will be conducted in accordance
with the rules provided in Chapter 1 of this title.
(e)
Program Reviews. If selected for such by the Board, participating
institutions must submit to program reviews of activities related to the Fifth-Year
Accounting Student Scholarship Program.
§22.164.Eligible Students.
(a)
To receive funds, a student must:
(1)
be enrolled on at least a half-time basis at an approved
institution;
(2)
maintain satisfactory academic progress in his or her program
of study as defined by the institution; and
(3)
have completed at least 120 credit hours of college work,
including at least 15 hours of accounting;
(4)
sign a written statement confirming his/her intent to take
the written examination conducted by the Texas State Board of Public Accountancy
for the purpose of granting a certificate of "certified public accountant";
(5)
confirm he or she has not yet taken the CPA examination;
(6)
maintain a cumulative grade point average, as determined
by the institution, that is equal to or greater than the grade point average
required by the institution for graduation; and
(7)
be enrolled in the additional hours of study required by
Texas Occupation Code, §901.256(2)(A) (concerning Work Experience Requirements).
(b)
In selecting recipients the Program Officer shall consider
at a minimum the following factors relating to each applicant:
(1)
financial need, which acts as an upper limit to the amount
the student may receive;
(2)
scholastic ability and performance as measured by the student's
cumulative college grade point average as determined by the institution in
which the student is enrolled;
(3)
ethnic or racial minority status; and
(4)
Texas residency.
§22.165.Award Amounts and Uses.
(a)
Funding. Funds awarded through this program may not exceed
the amount appropriated by the Legislature for that program plus any gifts,
grants and donations of real or personal property from any entity, subject
to limitations or conditions set by law, for the purposes of this subchapter.
(b)
Award Amount and Disbursements.
(1)
The maximum annual award for a student through this program
is $3,000 less any amount received through this program in the past.
(2)
No individual may receive an aggregate total of more than
$3,000 through the program.
(3)
An individual student's scholarship is to be paid out in
the form of at least one disbursement per semester.
(c)
Uses. No scholarship disbursed to a student may be used
for any purpose other than for meeting the cost of attending an approved institution.
(d)
Over Awards. At the time an award is made to a student,
it may not exceed the student's need. No future adjustment is required, however,
if subsequent awards during the student's period of enrollment cause an over
award of $300 or less.
§22.166.Allocations and Reallocations.
(a)
Allocations. One third of the funds allocated to participating
institutions shall be allocated by the Board in proportion to each institution's
number of students graduating with degrees in accounting in the previous year.
Two thirds of the funds will be allocated based on the number of students
reported to have significant amounts of financial need via each institution's
prior year Financial Aid Database Report.
(b)
Reallocations. Unless otherwise indicated, institutions
will have until a date specified by the Board via a policy memo addressed
to the Program Officer at the institution to encumber all funds allocated
to them. On that date, institutions lose claim to any unencumbered funds and
the unencumbered funds are available to the Board for reallocation to other
institutions. If necessary for ensuring the full use of funds, subsequent
reallocations may be scheduled until all funds are awarded and disbursed.
§22.167.Disbursements to Institutions.
(a)
Public Universities and Technical Colleges. Funds allocated
to each institution will be transferred to a cost center at the State Comptroller's
Office, to be drawn down by the institution as needed to cover local awards.
(b)
Private and Independent Institutions and Public Community
Colleges. Funds allocated to each institution will be accessed through the
Board. Program officers will submit applications for eligible students to
the Board, which will issue state warrants for the students in accordance
with disbursement schedules on the applications.
§22.168.Adjustments to Awards Made through Central Processing.
If a student officially withdraws from enrollment, or for some other
reason, the amount of a student's disbursement exceeds the amount the student
is eligible to receive except in accordance with §22.165(d) of this title
(relating to Award Amounts and Uses), the institution shall follow its general
institutional refund policy in determining the amount to be returned to the
program.
(1)
Funds returned to the Board in the form of institution-issued
checks shall be accompanied with sufficient documentation to enable the Board
to identify the appropriate program and student(s) for whom the funds were
originally issued.
(2)
If the disbursement to be returned is in the form of a
state warrant issued to an individual student, the warrant should be marked
"void" and returned to the Board.
(3)
Funds shall be returned promptly, but in no case shall
funds be returned more than 60 days from the issue date.
§22.169.Retroactive Disbursements.
(a)
A student may receive a disbursement after the end of his/her
period of enrollment if the student:
(1)
owes funds to the institution for the period of enrollment
for which the award is being made; or
(2)
received a student loan that is still outstanding for the
period of enrollment for which the award is being made.
(b)
Funds that are disbursed retroactively must either be used
to pay the student's outstanding balance from his/her period of enrollment
at the institution or to make a payment against an outstanding loan received
during that period of enrollment. Under no circumstances are funds to be released
to the student.
§22.170.Advisory Committee.
(a)
The Board shall appoint an advisory committee to advise
the Board concerning assistance provided under this subchapter to fifth-year
accounting students.
(1)
The advisory committee shall consist of:
(A)
a chair named by the Board;
(B)
one representative named by the Texas State Board of Public
Accountancy;
(C)
one representative named by the Texas Society of Certified
Public Accountants;
(D)
a Texas representative of the American Accounting Association
named by that organization;
(E)
one representative named by the National Association of
Black Accountants;
(F)
one representative named by the American Association of
Hispanic Certified Public Accountants; and
(G)
two representatives named by the Board who are the chairs
of accounting departments at Texas colleges and universities, at least one
of whom must be a representative of a private college or university and at
least one other of whom must be a representative from a college or university
that primarily serves minority students.
(2)
The costs of participation on an advisory committee of
a member representing a particular organization or agency shall be borne by
that member or the organization or agency the member represents.
(b)
The duties of the advisory committee shall be to advise
the Board on:
(1)
how the scholarships provided for under this subchapter
should be established and administered to best promote the public purpose
of the scholarships;
(2)
the amount of money needed to adequately fund the scholarship
program;
(3)
setting priorities among the factors identified by §22.164(b)
of this title (relating to Eligible Students).
§22.171.Reporting Requirements.
Before January 15 of each odd-numbered year, the Board shall report
to the Legislature concerning the scholarship program. The report must include:
(1)
the number and amount of scholarships awarded in the two
calendar years preceding the year in which report is due; and
(2)
the number of minority students, by racial or ethnic background,
who have been awarded scholarships during that two-year period.
§22.172.Dissemination of Information and Rules.
The Board is responsible for publishing and disseminating general information
and program rules for the program described in this subchapter.
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 29, 2004.
TRD-200402895
Jan Greenberg
General Counsel
Texas Higher Education Coordinating Board
Proposed date of adoption: July 15, 2004
For further information, please call: (512) 427-6114
19 TAC §§22.225 - 22.234
(Editor's note: The text of the following sections proposed for
repeal will not be published. The sections may be examined in the offices
of the Texas Higher Education Coordinating Board or in the Texas Register
office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
The Texas Higher Education Coordinating Board proposes
the repeal of Chapter 22, Subchapter L, §§22.225 - 22.234, concerning
Toward EXcellence, Access & Success (TEXAS) Grant Program, in its entirety.
Specifically, this repeal will delete the current subchapter and all sections
within it. The repeal is the result of the Texas Higher Education Board's
review of Chapter 22, which was published in the February 20, 2004, issue
of the
Texas Register
(29 TexReg 1677). In
conducting the review of Chapter 22, and in light of recent legislative changes
in many of the programs administered by the Student Services Division at this
agency, the Office of General Counsel concluded that the advisability of restructuring
many of the rules for ease of reading, and the numerous new sections, would
be more efficiently managed by repealing the whole subchapter and proposing
all new sections.
Lois Hollis, Assistant Commissioner for Student Services, has determined
that there will not be any fiscal implications to state or local government
as a result of the repeal.
Ms. Hollis has also determined that for each year of the first five years
that the repeal is in effect, there will be no public benefit anticipated.
There is no effect on small businesses. There is no anticipated economic cost
to persons who are required to comply with the repeal. There is no impact
on local employment.
Comments on the proposal may be submitted to Lois Hollis, Assistant Commissioner
for Student Services, Texas Higher Education Coordinating Board, P.O. Box
12788, Austin, Texas 78711; Lois.Hollis@thecb.state.tx.us.
The repeal is proposed under the Texas Education Code, §56.303,
which provides the Coordinating Board the authority to administer the TEXAS
Grant program and to adopt any rules necessary to implement the program.
The repeal affects the Texas Education Code, §§56.301 - 56.311.
§22.225.Authority and Purpose.
§22.226.Definitions.
§22.227.Eligible Institutions.
§22.228.Eligible Students.
§22.229.Hardship Provisions.
§22.230.Priorities in Funding.
§22.231.Priority in Awards to Students.
§22.232.Awards and Adjustments.
§22.233.Dissemination of Information and Rules.
§22.234.Funds Provided from Student Deposit Fees.
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 29, 2004.
TRD-200402898
Jan Greenberg
General Counsel
Texas Higher Education Coordinating Board
Proposed date of adoption: July 15, 2004
For further information, please call: (512) 427-6114
19 TAC §§22.225 - 22.236
The Texas Higher Education Coordinating Board proposes new §§22.225
- 22.236, concerning the Toward EXcellence, Access & Success (TEXAS) Grant
Program. Specifically, the proposed new sections implement the Texas Education
Code §§56.301 - 56.311 and have been re-organized, primarily as
a result of incorporating general provisions regarding state grant and scholarship
programs (currently Chapter 22, Subchapter A) into the rules for individual
programs so that each program's set of rules is a complete, stand-alone document.
The new sections add definitions to clarify program requirements; provide
detailed information regarding calculations related to program academic progress
requirements, and provide additional information about procedures for allocating,
reallocating and disbursing funds to institutions.
Lois Hollis, Assistant Commissioner for Student Services has determined
that for each year of the first five years the new sections are in effect,
there will not be any fiscal implication to state or local government as a
result of enforcing or administering the sections.
Ms. Hollis has also determined that for each year of the first five years
the new sections are in effect, the public benefit anticipated as a result
of administering the sections will be to improve and increase access to higher
education in the state of Texas. There is no effect on small businesses. There
is no anticipated economic cost to persons who are required to comply with
the new sections as proposed. There is no impact on local employment.
Comments on the new sections may be submitted to Lois Hollis, Texas Higher
Education Coordinating Board, P.O. Box 12788; Austin, Texas 78711; (512) 427-6465;
Lois.Hollis@thecb.state.tx.us.
The new sections are proposed under the Texas Education Code, §56.303,
which provides the Coordinating Board the authority to administer the TEXAS
Grant Program and to adopt any rules necessary to implement the program.
The new sections affect the Texas Education Code, §§56.301 -
56.311.
§22.225.Authority and Purpose.
(a)
Authority. Authority for this subchapter is provided in
the Texas Education Code, Subchapter M, Toward EXcellence, Access & Success
(TEXAS) Grant Program. These rules establish procedures to administer the
subchapter as prescribed in the Texas Education Code, §§56.301 -
56.311.
(b)
Purpose. The purpose of this program is to provide grants
of money to enable eligible students to attend public and private institutions
of higher education in this state.
§22.226.Definitions.
The following words and terms, when used in this subchapter, shall
have the following meanings, unless the context clearly indicates otherwise:
(1)
Board--The Texas Higher Education Coordinating Board.
(2)
Commissioner--The Commissioner of Higher Education, the
Chief Executive Officer of the Board.
(3)
Cost of attendance--A Board-approved estimate of the expenses
incurred by a typical financial aid student in attending a particular college.
It includes direct educational costs (tuition, fees, books, and supplies)
as well as indirect costs (room and board, transportation, and personal expenses.)
(4)
Encumbered funds--Program funds that have been offered
to a specific student, which offer the student has accepted, and which may
or may not have been disbursed to the student.
(5)
Enrolled on at least a three-quarter basis--Enrolled for
the equivalent of nine semester credit hours in a regular semester.
(6)
Entering undergraduate--A student enrolled in the first
30 semester credit hours or their equivalent, excluding hours taken during
dual enrollment in high school and courses for which the student received
credit through examination.
(7)
Expected family contribution--The amount of discretionary
income that should be available to a student from his or her resources and
that of his or her family, as determined following the federal methodology.
(8)
Financial need--The cost of attendance at a particular
public or private institution of higher education less the expected family
contribution. The cost of attendance and family contribution are to be determined
in accordance with Board guidelines.
(9)
Initial year award--The grant award made in the student's
first year in the TEXAS Grant program, typically made up of a fall and spring
disbursement.
(10)
Period of enrollment--The term or terms within the current
state fiscal year (September 1 - August 31) for which the student was enrolled
in an approved institution and met all the eligibility requirements for an
award through this program.
(11)
Program Officer--The individual named by each participating
institution's chief executive officer to serve as agent for the Board. The
Program Officer has primary responsibility for all ministerial acts required
by the program, including maintenance of all records and preparation and submission
of reports reflecting program transactions. Unless otherwise indicated by
the administration, the director of student financial aid shall serve as Program
Officer.
(12)
Recommended or advanced high school programs--The curriculum
specified in the Texas Education Code, §28.025, and the rules promulgated
there under by the State Board of Education.
(13)
Resident of Texas--A resident of the State of Texas as
determined in accordance with Chapter 21, Subchapter B, of this title (relating
to Determining Residence Status). Nonresident students who are eligible to
pay resident tuition rates are not residents of Texas.
§22.227.Institutions.
(a)
Eligibility.
(1)
Public and private or independent institutions of higher
education as defined in §61.003 of the Texas Education Code are eligible
to participate in the TEXAS Grant program.
(2)
No institution may, on the grounds of race, color, national
origin, gender, religion, age, or disability exclude an individual from participation
in, or deny the benefits of the program described in this subchapter.
(3)
Each participating institution must follow the Civil Rights
Act of 1964, Title VI (Public Law 88-353) in avoiding discrimination in admissions.
(b)
Approval.
(1)
Agreement. Each approved institution must enter into an
agreement with the Board, the terms of which shall be prescribed by the Commissioner.
(2)
Approval Deadline. An institution must be approved by April
1 in order for qualified students enrolled in that institution to be eligible
to receive grants in the following fiscal year.
(c)
Responsibilities.
(1)
Probation Notice. If the institution is placed on public
probation by its accrediting agency, it must immediately advise grant recipients
of this condition and maintain evidence in each student's file to demonstrate
that the student was so informed.
(2)
Disbursements to Students.
(A)
Documentation. The institution must maintain records to
prove the receipt of program funds by the student or the crediting of such
funds to the student's school account.
(B)
Procedures in Case of Illegal Disbursements. If the Commissioner
has reason for concern that an institution has disbursed funds for unauthorized
purposes, the Board will notify the Program Officer and financial aid officer
and offer an opportunity for a hearing pursuant to the procedures outlined
in Chapter 1 of this title (relating to Agency Administration). Thereafter,
if the Board determines that funds have been improperly disbursed, the institution
shall become primarily responsible for restoring the funds to the Board. No
further disbursements of grants or scholarships shall be permitted to students
at that institution until the funds have been repaid.
(3)
Reporting.
(A)
Requirements/Deadlines. All institutions must meet Board
reporting requirements in a timely fashion. Such reporting requirements shall
include reports specific to allocation and reallocation of grant funds (including
the Financial Aid Database Report) as well as progress and year-end reports
of program activities.
(B)
Penalties for Late Reports.
(i)
An institution that postmarks or electronically submits
a progress report a week or more after its due date will be ineligible to
receive additional funding through the reallocation occurring at that time.
(ii)
The Commissioner may penalize an institution by reducing
its allocation of funds in the following year by up to 10% for each progress
or year-end report that is postmarked or submitted electronically more than
a week late.
(iii)
The Commissioner may assess more severe penalties against
an institution if any report is received by the Board more than one month
after its due date. The maximum penalty for a single year is 30% of the school's
allocation. If penalties are invoked in two consecutive years the institution
may be penalized an additional 20%.
(C)
Appeal of Penalty. If the Commissioner determines that
a penalty is appropriate, the institution will be notified by certified mail,
addressed to the Program Officer with a copy sent to the financial aid officer.
Within 21 days from the time that the Program Officer receives the written
notice, the institution must submit a written response appealing the Board's
decision, or the penalty shall become final and no longer subject to an appeal.
An appeal under this section will be conducted in accordance with the rules
provided in Chapter 1 of this title.
(4)
Program Reviews. If selected for such by the Board, participating
institutions must submit to program reviews of activities related to the TEXAS
Grant Program.
§22.228.Eligible Students.
(a)
To receive an initial award through the TEXAS Grant Program,
a student must:
(1)
be a resident of Texas, as evidenced by answers to the
Board's core residency questions;
(2)
show financial need;
(3)
have applied for any available financial aid assistance;
(4)
not have been granted a baccalaureate degree;
(5)
be a graduate of an accredited high school in this state
not earlier than the 1998 - 1999 school year;
(6)
have completed the Recommended or Advanced High School
Program, or if a graduate of a private high school, its equivalent, unless
the student:
(A)
graduated from a public high school that has been certified
by its district not to offer all the courses necessary to complete all parts
of the Recommended or Advanced High School Program, and the student has completed
all courses that the high school offered toward the completion of such a curriculum;
or
(B)
did not graduate under the Recommended or Advanced High
School Program as anticipated when the award was made;
(C)
has received an associate degree from an eligible institution
no earlier than May 1, 2001;
(7)
enroll in an undergraduate degree or certificate program
at an approved institution on at least a three-quarter time basis:
(A)
not later than the end of the 16th month after high school
graduation, if an entering undergraduate student; or
(B)
not later than the end of the 12th month after a student
has received an associate degree.
(b)
To receive a continuation award through the TEXAS Grant
Program, a student must:
(1)
have previously received an initial award through this
program;
(2)
show financial need;
(3)
be enrolled at least three-quarter time;
(4)
be enrolled in an undergraduate degree or certificate program
at an approved institution;
(5)
not have been granted a baccalaureate degree; and
(6)
make satisfactory academic progress towards an undergraduate
degree or certificate, which requires:
(A)
as of the end of the person's first academic year he or
she meets the satisfactory academic progress requirements as indicated by
the financial aid office of his or her institution.
(i)
If a student ends his/her first year in the program without
meeting the academic progress requirements of his/her institution, he/she
may not get back into the program until the institution has determined that
the student has met its academic performance requirements.
(ii)
A grant recipient who is below program grade point average
requirements as of the end of a spring term may appeal his/her grade point
average calculation if he/she has taken courses previously at one or more
different institutions. In the case of such an appeal, the current institution
(if presented with official transcripts from the previous institutions), must
calculate an overall grade point average counting all classes and grade points
previously earned. If the resulting grade point average exceeds the current
institution's academic progress requirement, an otherwise eligible student
may receive an award in the following fall term.
(B)
As of the end of the second and subsequent years, the student
must complete at least 75 percent of the hours attempted in his/her most recent
academic year, and maintain an overall grade point average of at least 2.5
on a four point scale or its equivalent, for all coursework attempted at public
or private or independent institutions of higher education.
(i)
The completion rate calculations may be made in keeping
with institutional policies.
(ii)
Grade point average calculations may be made in keeping
with institutional policies except that if a grant recipient's grade point
average falls below program requirements and the student transfers to another
institution, the receiving institution cannot make a continuation award to
the transfer student until he/she provides official transcripts of previous
coursework to the new institution's financial aid office and that office re-calculates
an overall grade point average, including hours and grade points for courses
taken at the old and new institutions that proves the student's overall grade
point average now meets or exceeds program requirements.
(iii)
A grant recipient who is below program grade point average
requirements as of the end of a spring term may appeal his/her grade point
average calculation if he/she has taken courses previously at one or more
different institutions. In the case of such an appeal, the current institution
(if presented with transcripts from the previous institutions), must calculate
an overall grade point average counting all classes and grade points previously
earned. If the resulting grade point average exceeds the program's academic
progress requirement, an otherwise eligible student may receive an award in
the following fall term.
(7)
If a student's eligibility was based on the expectation
that the student would complete the Recommended or Advanced High School Program,
and the student failed to do so, then in order to resume eligibility such
a student must:
(A)
receive an associate's degree;
(B)
meet all other qualifications for a TEXAS Grant; and
(C)
if required to do so by the institution through which the
TEXAS Grant was made, repay the amount of the TEXAS Grant that was previously
received.
(c)
Discontinuation of Eligibility or Non-Eligibility.
(1)
Unless granted a hardship postponement in accordance with §22.229(c)
of this title (relating to Hardship Provisions), a student's eligibility for
a TEXAS Grant ends six years from the start of the semester or term in which
the student received his or her first disbursement of an initial TEXAS Grant
award, if the student's eligibility for a TEXAS Grant was based on the completion
of the Recommended or Advanced High School Program or its equivalent in high
school.
(2)
Unless granted a hardship postponement in accordance with §22.229(c)
of this title, a student's eligibility ends four years from the date of the
semester or term in which the student received his or her first disbursement
of an initial TEXAS Grant award if the student's eligibility was based on
receiving an associate's degree.
(3)
A student's eligibility ends one year from the date of
the semester or term in which the student received his or her first disbursement
of an initial TEXAS Grant award, if the student's eligibility was based on
the expectation that the student would complete the Recommended or Advanced
High School Program, but the student failed to do so. However, if such a student
later receives an associate's degree and again qualifies for TEXAS Grants,
he or she can receive an additional four years of eligibility.
(4)
A student who is eligible for a TEXAS Grant based on completion
of the Recommended or Advanced High School Program or its equivalent in high
school may receive a TEXAS Grant for no more than 150 semester credit hours
or the equivalent
(5)
A student who is eligible for a TEXAS Grant based on receiving
an associate's degree may receive a TEXAS Grant for no more than 90 semester
credit hours.
(6)
A person is not eligible to receive an initial or continuation
TEXAS Grant if the person has been convicted of a felony or an offense under
Chapter 481, Health and Safety Code (Texas Controlled Substances Act), or
under the law of any other jurisdiction involving a controlled substance as
defined by Chapter 481, Health and Safety Code, unless the person has met
the other applicable eligibility requirements under this subchapter and has:
(A)
received a certificate of discharge by the Texas Department
of Criminal Justice or a correctional facility or completed a period of probation
ordered by a court, and at least two years have elapsed from the date of the
receipt or completion; or
(B)
been pardoned, had the record of the offense expunged from
the person's record, or otherwise been released from the resulting ineligibility
to receive a TEXAS Grant.
(7)
Other than as described in §22.229 of this title,
if a person fails to meet any of the requirements for receiving a continuation
award as outlined in subsection (b) of this section after completion of any
year, the person may not receive a TEXAS Grant until he or she completes courses
while not receiving a TEXAS Grant and meets all the requirements of subsection
(b) of this section as of the end of that period of enrollment.
§22.229.Hardship Provisions.
(a)
In the event of a hardship or for other good cause, the
Program Officer at an eligible institution may allow an otherwise eligible
person to receive a TEXAS Grant while enrolled for an equivalent of less than
three-quarter time or if the student's grade point average or completion rate
falls below the satisfactory academic progress requirements of §22.228(b)(6)
of this title (relating to Eligible Students). Such conditions are not limited
to, but include:
(1)
a showing of a severe illness or other debilitating condition
that may affect the student's academic performance;
(2)
an indication that the student is responsible for the care
of a sick, injured, or needy person and that the student's provision of care
may affect his or her academic performance; or
(3)
the requirement of fewer than nine hours to complete one's
degree plan.
(b)
The director of financial aid may grant an extension of
the six- or four-year limits found in §22.228(c) of this title in the
event of hardship. Documentation justifying the extension must be kept in
the student's files, and the institution must identify students granted extensions
and the length of their extensions to the Coordinating Board, so that it may
appropriately monitor each student's period of eligibility.
(c)
The financial aid director may allow a student to receive
his/her first award after more than 16 months have passed since high school
graduation if the student and/or the student's family has suffered a hardship
that would now make the student rank as one of the institution's neediest.
Documentation justifying the exception must be kept in the student's files.
§22.230.Priorities in Funding.
If appropriations for the TEXAS Grant Program are insufficient to allow
awards to all eligible students, continuation awards will be given priority.
§22.231.Priority in Awards to Students.
In determining who should receive a TEXAS Grant, an institution shall
give highest priority to students who demonstrate the greatest financial need
at the time the award is made.
§22.232.Award Amounts and Adjustments.
(a)
Funding. Funds awarded through this program may not exceed
the amount of appropriations, gifts, grants and other funds that are available
for this use.
(b)
Award Amounts.
(1)
The amount of a TEXAS Grant may not be reduced by any gift
aid for which the person receiving the grant is eligible, unless the total
amount of a person's grant plus any gift aid received exceeds the student's
financial need.
(2)
The Board shall determine and announce the maximum amount
of a TEXAS Grant award prior to the start of each fiscal year. The calculation
of the maximum amount will be based on the mandates contained in Texas Education
Code, §56.307. However, no student's award shall be greater than the
amount of the student's financial need.
(3)
For students enrolled in eligible private or independent
institutions, the amount of the TEXAS Grant, when combined with the amount
received through the Tuition Equalization Grant Program (Texas Education Code, §61.221)
may not exceed the student's need or the total amount of tuition and required
fees charged to the student for the academic periods for which one or more
of the grants were awarded;
(4)
An eligible public institution may not charge a person
receiving a TEXAS Grant through that institution, an amount of tuition and
required fees in excess of the amount of the TEXAS Grant received by the person.
Nor may it deny admission to or enrollment in the institution based on a person's
eligibility to receive or actual receipt of a TEXAS Grant. If an institution's
tuition and fee charges exceed the TEXAS Grant amount, it may address the
shortfall in one of two ways:
(A)
It may use other available sources of financial aid, other
than a loan or work-study funds to cover any difference in the amount of a
TEXAS Grant and the student's actual amount of tuition and required fees at
the institution; or
(B)
it may waive the excess charges for the student. However,
if a waiver is used, the institution may not report the recipient's tuition
and fees in a way that would increase the general revenue appropriations to
the institution.
(5)
The eligible institution may require a student to forgo
or repay the amount of an initial TEXAS Grant awarded to the student as described
in §22.228(a)(6)(B) of this title (relating to Eligible Students) if
the student is determined to have failed to complete the Recommended or Advanced
High School Program or its equivalent as evidenced by the final high school
transcript.
(c)
Uses. A person receiving a TEXAS Grant may only use the
money to pay any usual and customary cost of attendance at an institution
of higher education incurred by the student.
(d)
Over Awards. If, at a time after an award has been offered
by the institution and accepted by the student, the student receives assistance
that was not taken into account in the student's estimate of financial need,
so that the resulting sum of assistance exceeds the student's financial need,
the institution is not required to adjust the award under this program unless
the sum of the excess resources is greater than $300.
§22.233.Retroactive Disbursements.
(a)
A student may receive a disbursement after the end of his/her
period of enrollment if the student:
(1)
owes funds to the institution for the period of enrollment
for which the award is being made; or
(2)
received a student loan that is still outstanding for the
period of enrollment.
(b)
Funds that are disbursed retroactively must either be used
to pay the student's outstanding balance from his/her period of enrollment
at the institution or to make a payment against an outstanding loan received
during that period of enrollment. Under no circumstances are funds to be released
to the student.
§22.234.Allocation and Reallocation of Funds.
(a)
Allocations.
(1)
Initial Year Funds. Available program funds for initial
year awards will be allocated to each participating institution in proportion
to each institution's share of the state's undergraduate financial aid population
with significant amounts of financial need.
(2)
Renewal Year Funds. Available program funds for continuation
or renewal awards will be allocated in proportion to the number of prior year
recipients reported for each institution, adjusted for the institution's student
retention rate.
(b)
Reallocations. Institutions will have until a date specified
by the Board via a policy memo addressed to the Program Officer at the institution
to encumber the program funds that have been allocated to them. On that date,
institutions lose claim to any unencumbered funds, and the unencumbered funds
are available to the Board for reallocation to other institutions. If necessary
for ensuring the full use of funds, subsequent reallocations may be scheduled
until all funds are awarded and disbursed.
(c)
Disbursement of Funds to Institutions. As requested by
institutions throughout the academic year, the Board shall forward to each
participating institution a portion of its initial and renewal year allocations
of funds for immediate release to students or immediate application to student
accounts at the institution.
(d)
Release of Funds to Students. The institution may release
all or part of the proceeds of a TEXAS Grant to an eligible person only if
the tuition and required fees incurred by the person at the institution have
been paid.
§22.235.Funds Provided from Student Deposit Fees.
Student deposit funds that are not claimed by students may only be
used to make TEXAS Grants. If the year-end balance of funds at an institution
exceeds 150 percent of the amount its students have forfeited during that
year, the excess funds are to be forwarded to the Coordinating Board for disbursement
through the TEXAS Grant Program. If an institution established an endowment
fund from funds forfeited prior to the end of state Fiscal Year 2001, no additional
forfeited funds may be added to the endowment corpus. All forfeited funds
and their earnings (including the earnings of the endowment fund) must be
used in calculating the year-end balance subject to the 150 percent limit,
and are to be used for making need-based grants.
§22.236.Dissemination of Information and Rules.
The Board and its advisory committee is responsible for publishing
and disseminating general information and program rules for the program described
in this subchapter. The Board shall distribute to each eligible institution
and to each school district a copy of the rules adopted under this subchapter.
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 29, 2004.
TRD-200402897
Jan Greenberg
General Counsel
Texas Higher Education Coordinating Board
Proposed date of adoption: July 15, 2004
For further information, please call: (512) 427-6114
(3)
] Bachelor of General Studies
degree--a program designed principally for mature students who seek a flexible
degree program and who do not desire or may not meet prerequisites of a highly
structured traditional degree program, and to permit students to plan, with
advisement, an individualized program with access to a wide range of academic
disciplines and fields of professional study.
(4)
] Bachelor of Applied Arts and
Sciences degree--a program designed to provide a path to a bachelor's degree
for students who have earned previous collegiate credit through workforce
education curricula. The degree program combines general education requirements
and a professional component designed to complement the student's technical
or vocational competence.
(5)
] Board--The Texas Higher Education
Coordinating Board.
(6)
] Commissioner--The Commissioner
of Higher Education.
(7)
] Common calendar--dates and
information pertaining to the beginning and ending (and lengths) of academic
semesters and sessions, applicable to all Texas public universities and community,
technical and state colleges.
(8)
] Consulting or testifying expert
witness--any non-fact witness whose name must be disclosed during litigation
as required by the Texas Rules of Civil Procedure.
(9)
] Degree program--any grouping
of subject matter courses which, when satisfactorily completed by a student,
will entitle the student to a degree from an institution of higher education.
(10)
] Faculty or professional
staff of an institution of higher education--a non-classified, full-time employee
who is a member of the faculty or staff and whose duties include teaching,
research, administration or performing professional services, including professional
library services.
(11)
] Fiscal year--the State of
Texas' fiscal year, September 1 through August 31.
(12)
] Institution of higher education
or institution--any public technical institute, public junior college, public
senior college or university, medical or dental unit, or other agency of higher
education as defined in Texas Education Code, §61.003.
(13)
] Interdisciplinary baccalaureate
degrees--the Bachelor of General Studies degree (defined in paragraph (4)
of this section) and such general degrees as liberal arts or humanities. These
broad-based degrees vary in the amount of prescriptive structure but share
the characteristics of flexibility for the student and interdisciplinary course
selection.
(14)
] Non-classified--an employee
whose position is not controlled by the institution's classified personnel
system or a person employed in a similar position if the institution does
not have a classified personnel system.
(15)
] Religious holy day--A holy
day observed by a religion whose places of worship are exempt from property
taxation under the Texas Tax Code, §11.20.
Chapter 5.
RULES APPLYING TO PUBLIC UNIVERSITIES AND/OR HEALTH-RELATED INSTITUTIONS OF HIGHER EDUCATION IN TEXAS
should
]
be designated to provide leadership for the center and facilitate the provision
of programs and resources from other institutions.
Reporting. Institutions will report enrollments at
centers on the pathway and all off-campus educational units according to guidelines
set up by the Commissioner. For the purpose of establishing the need for a
new institution of higher education and meeting the enrollment threshold of
3,500 FTE students established in paragraph (3) of this section, internet-based
courses and other courses offered in non-traditional formats that do not require
the physical presence of the student at the center for a normal number of
contact hours will not generally be counted. Exceptions to this general rule
may be allowed if prior agreements are made with the Commissioner, but such
exceptions will generally only be made for courses that are substantially
supported from the center and represent a significant on-going educational
need that can most effectively be served from the center.
]
Chapter 6.
HEALTH EDUCATION, TRAINING, AND RESEARCH FUNDS
recommend
] a priority ranked list of applications to the Commissioner for approval.
(D)
] Peer review award criteria
and weights may be adjusted to best fulfill the purpose of the grant program.
Chapter 14.
RESEARCH FUNDING PROGRAMS
or
] co-principal investigator,
or collaborating
investigator
on a pre-proposal or proposal submitted for any of the
research funding programs.
Subchapter E. PROCEDURAL ADMINISTRATION OF THE RESEARCH FUNDING PROGRAMS
project
] may be made available in a manner specified by
the Coordinating Board.
The chair
] of the external
evaluation
[
review
] committee will present the committee’s
findings to the Coordinating Board.
Chapter 17.
CAMPUS PLANNING
Subchapter B. NEW CONSTRUCTION AND REPAIR AND REHABILITATION PROJECTS
Subchapter C. REAL PROPERTY ACQUISITION PROJECTS
Subchapter D. LEASED SPACE
Subchapter E. INSTITUTIONAL REPORTING
Subchapter A. GENERAL PROVISIONS
Subchapter B. BOARD APPROVAL
Subchapter C. RULES APPLYING TO ALL PROJECTS
Subchapter D. RULES APPLYING TO NEW CONSTRUCTION AND ADDITION PROJECTS
Subchapter E. RULES APPLYING TO REPAIR AND RENOVATION PROJECTS
Subchapter F. RULES APPLYING TO REAL PROPERTY ACQUISITION PROJECTS
Subchapter G. RULES APPLYING TO AUXILIARY ENTERPRISE PROJECTS
Subchapter H. RULES APPLYING TO INTERCOLLEGIATE ATHLETIC PROJECTS
Subchapter I. RULES APPLYING TO ENERGY SAVINGS PERFORMANCE CONTRACT PROJECTS
Subchapter J. RULES APPLYING TO TUITION REVENUE BOND PROJECTS
Subchapter K. REPORTS
Subchapter L. FACILITIES AUDIT
Chapter 21.
STUDENT SERVICES
for themselves, their spouses and dependent
children
]. To qualify, the student must submit
during his or her
first semester of enrollment in which he or she will be using the waiver
[
at least once a year
] a statement from an appropriately authorized officer
in the service, certifying that he or she (or a parent or court-appointed
legal guardian) will be assigned to duty in Texas at the time of enrollment
and is not a member of the National Guard or Reserves who will be in Texas
only to attend training with Texas units.
Such students are entitled
to pay the resident rate as long as they reside continuously in Texas or remain
continuously enrolled in the same degree or certificate program.
The
spouses
] and/or dependent
child
[
children
] of
a
nonresident
member
[
members
] of the U.S. Armed
Forces,
or of a
[
members of
] Texas
unit
[
units
] of the Army or Air National Guard, or
of a
Commissioned
Officer
[
Officers
] of the Public Health Service
who
has been reassigned elsewhere after having been assigned to duty in Texas
is
[
are
] entitled to pay the resident tuition rate as long
as the spouse or child resides continuously in Texas.
The spouse and/or
dependents of nonresident members of the U.S. Armed Forces, members of
]
Texas
unit
[
units
] of the Army or Air National Guard,
or
of a
Commissioned
Officer
[
Officers
] of
the Public Health Service
who is
stationed outside of Texas are
entitled to immediately start paying the resident tuition rate in Texas if
the spouse and/or child moves to this state and files a statement of intent
to establish residence in Texas with the public institution of higher education
that he or she attends
[
they attend
].
The spouse and/or dependents
of nonresident members of the U.S. Armed Forces, members of
] Texas
unit
[
units
] of the Army or Air National Guard, or
of a
Commissioned
Officer
[
Officers
] of the Public
Health Service who
dies
[
die
] while in service are entitled
to pay the resident tuition rate if the spouse and/or child moves to Texas
within 60 days of the date of death. To qualify,
a student
[
the students
] shall submit satisfactory evidence to the institution,
establishing the date of death and
his or her
current residence
in Texas.
The spouse and dependent children of a nonresident member of
the U.S. Armed Forces, members of
] Texas
unit
[
units
] of the Army or Air National Guard, or
of a
Commissioned
Officer of the Public Health Service who previously resided in Texas for at
least
six
[
6
] months may establish residency for tuition
purposes if the member or commissioned officer (at least 12 months prior to
the family member's enrollment):
be
] assigned to duty in
Texas for at least 12 consecutive months, during which the member files proper
documentation with the military to change his/her permanent residence to Texas,
and
8
] conditions
listed below for the 12 months prior to enrollment:
purchase
] a residence
in Texas and
claims
[
claim
] it as a homestead;
register
] to vote
in Texas;
register
] an automobile
in Texas;
maintain
] a Texas
driver's license;
maintain
] checking,
savings or safety deposit box in Texas;
have
] a will or other legal
documents on file in Texas that
indicates
[
indicate
]
residence in Texas;
have
] membership
in professional organizations or other state organizations; and/or
establish
] a
business in Texas.
children
] are entitled
to pay the resident tuition rate for any term beginning prior to the first
anniversary of separation from the military or health service if the former
member
:
[
has
]
(I)
] ROTC Students. A nonresident
student who is a member of an ROTC unit must pay nonresident tuition until
such time he or she signs a contract that cannot be terminated by the student
and that obligates the student to serve a period of active duty in the U.S.
Armed Forces. Once the student has signed such a contract, he or she has the
same rights for qualifying to pay the resident rate as has a member of the
U.S. Armed Forces.
(J)
] NATO Forces. Foreign individuals
stationed in Texas in keeping with the agreement between the parties to the
North Atlantic Treaty regarding status of forces, their spouses and dependent
children, are entitled to pay the same tuition rate as residents of Texas.
(K)
] Radiological Science Students
at Midwestern State University. Members of the U.S. Armed Forces stationed
outside the State of Texas who are enrolled in a bachelor of science or master
of science degree program in radiological sciences at Midwestern State University
by instructional telecommunication will be entitled to pay tuition and other
fees or charges provided for Texas residents if they began the program of
study while stationed at a military base in Texas.
Subchapter E. TEXAS B-ON-TIME LOAN PROGRAM
A loan
warrant
] must be
disbursed to the student
[
negotiated
] or returned to the Board on or before the 120th day after the
electronic funds transfer
[
loan warrant issue
] date[
, or the warrant will be cancelled and the student will no longer be considered
to be in the program
].
Waiver of Course Load Requirement ].
The Board may waive the full-time course load
requirement based on hardship and other good cause for a student that is enrolled
less than full time, but who is enrolled for at least six semester hours and
who is otherwise eligible for a Texas B-On-Time loan.
]
(c)
] If the onset of a condition
that constitutes a hardship should occur after a student has enrolled for
a full-time course load, and the
institution
[
Commissioner
] determines that the student is justified by his or her circumstances
in dropping to no fewer than six semester hours, the
institution
[
Commissioner
] may also[
, at his discretion,
] make a determination
that the dropped courses will not count against the 75 percent requirement
described in §21.125(a)(2)(A) of this title (relating to Continued Eligibility
for Loans), or toward the 150 hour maximum described in §21.125(b) of
this title (relating to Continued Eligibility for Loans). Among the circumstances
that the
institution
[
Commissioner
] may take into consideration
in making this determination is whether the student has dropped below full-time
in other academic periods while receiving loans under this program.
within
]:
four year
] institution;
or
]
public technical institute or public
junior college; or
]
six hours more than
the number of credit hours required to complete the degree or certificate.
]
Subchapter G. TEACH FOR TEXAS LOAN REPAYMENT ASSISTANCE PROGRAM
and
]
Subchapter J. THE PHYSICIAN EDUCATION LOAN REPAYMENT PROGRAM
Subchapter K. THE GOOD NEIGHBOR SCHOLARSHIP PROGRAM
Subchapter M. TEXAS COLLEGE WORK-STUDY PROGRAM
Subchapter R. DENTAL EDUCATION LOAN REPAYMENT PROGRAM
Subchapter W. EDUCATION LOAN REPAYMENT PROGRAM FOR ATTORNEYS EMPLOYED BY THE OFFICE OF THE ATTORNEY GENERAL
§§61.951 through 61.962
].
,
] and retaining [
for at least three years,
] attorneys in the Office of the Attorney General
of the State of Texas.
Conditional
] Education Loan Repayment
Program for OAG Attorneys.
be
] employed
for
at least one year
[
by or have been offered employment
] as
an attorney with the Attorney General's Office at the time the application
is submitted to the Board,
Subchapter W. CONDITIONAL LOAN REPAYMENT PROGRAM FOR ATTORNEYS EMPLOYED BY THE OFFICE OF THE ATTORNEY GENERAL
Subchapter W. EDUCATION LOAN REPAYMENT PROGRAM FOR ATTORNEYS EMPLOYED BY THE OFFICE OF THE ATTORNEY GENERAL
Subchapter X. INCENTIVE GRANTS FOR PROFESSIONAL NURSING STUDENT RETENTION
Subchapter Y. INCENTIVE GRANTS FOR VOCATIONAL NURSING STUDENT RETENTION
Subchapter CC. EARLY HIGH SCHOOL GRADUATION SCHOLARSHIP PROGRAM
Subchapter EE. TEXAS NATIONAL STUDENT EXCHANGE PROGRAM
Subchapter II. EDUCATIONAL AIDE EXEMPTION PROGRAM
Subchapter JJ. THE KENNETH H. ASHWORTH FELLOWSHIP PROGRAM
purpose of the
] Kenneth H. Ashworth Fellowship Program is to provide financial assistance
to students with financial need enrolled in graduate programs in public affairs,
public service or public administration.
Administration of the Program ].
(a)
]
To qualify for an award, a student must be
a Texas resident identified by the dean of his/her program of study as needing
financial assistance. The student must be enrolled as a graduate student in
public affairs, public service or public administration and intend to work
in Texas after completing his/her graduate studies.
(b)
In determining student eligibility
the committee shall consider the following factors relating to each applicant:
]
(1)
academic ability and promise; ]
(2)
career plans; and ]
(3)
individual qualifications, with emphasis on
leadership and communication skills. ]
Donations
] and gifts [
are the sources of funds for the Kenneth
H. Ashworth Fellowship fund, which will be deposited (along with its earnings)
in the Texas Opportunity Plan Fund
]. Awards will be made from the earnings
of the
funds
[
fund
].
, following guidelines previously developed
and shared with institutions,
] will rank applicants and select the recipients
of awards for the following academic year.
In determining student eligibility
the committee shall consider at a minimum the following factors relating to
each applicant:
announcement of award recipients,
] funds representing the
full annual award
amount
[
will be sent
] to the business
offices of the relevant institutions for disbursement to the recipients [
of the awards
].
Subchapter MM. DOCTORAL INCENTIVE LOAN REPAYMENT PROGRAM
Chapter 22.
GRANT AND SCHOLARSHIP PROGRAMS
Subchapter A. PROVISIONS FOR THE SPECIAL LEVERAGING EDUCATIONAL ASSISTANCE GRANT PROGRAM FOR STUDENTS AT INDEPENDENT INSTITUTIONS
Subchapter B. PROVISIONS FOR THE TUITION EQUALIZATION GRANT PROGRAM
Subchapter C. PROVISIONS FOR THE LEVERAGING EDUCATIONAL ASSISTANCE GRANT FOR STUDENTS AT INDEPENDENT INSTITUTIONS
board
] through the
Leveraging Educational Assistance Grant
[
State Student Incentive Grant
] Program for Students at Independent Institutions
[
for the purpose of making grants to students at independent institutions
], other than as excepted in §22.42 of this title (relating to
Provisions for the
Leveraging Educational Assistance Grant
[
State Student Incentive Grant
] Program for Students at Independent Institutions).
Federal requirements governing the
Leveraging Educational Assistance
Grant
[
State Student Incentive Grant
] Program are contained
in 45 C.F.R. Part 192.
State Student Incentive Grant
] Program.
Conditions which apply in the
Leveraging Educational Assistance Grant
[
State Student Incentive Grant
] Program which differ from
and override similar conditions in the Tuition Equalization Grant Program
are as follows:
State Student Incentive Grant
] must be a national
of the United States or be in the United States for other than a temporary
purpose and intend to become a permanent resident.
State Student
Incentive Grant
] must be the recipient of a grant through the Tuition
Equalization Grant Program in an amount equal to or greater than the grant
received through the
Leveraging Educational Assistance Grant Program
[
State Student Incentive Grant Program for Students at Independent
Institutions
].
State Student Incentive Grant
] Program for Students
at Independent Institutions
may be used to meet any cost related to a
student's education
[
are not restricted so as to apply to tuition
costs only
].
State Student Incentive Grant
] Program
for Students at Independent Institutions is not restricted to payment for
services that the grant recipient will [
necessarily
] purchase from
the approved institution, the refund policy of the Tuition Equalization Grant
Program cannot always apply in the
Leveraging Educational Assistance
Grant
[
State Student Incentive Grant
] Program for Students
at Independent Institutions. However, if the institutional refund policy of
the approved institution causes money to be available for refund to a withdrawing
grant recipient, then such funds shall be refunded to the
Leveraging
Educational Assistance Grant
[
State Student Incentive Grant
]
Program for Students at Independent Institutions up to the limits of and otherwise
consistent with the Tuition Equalization Grant Program refund policy. Further,
the approved institution shall encourage
a
[
the
] withdrawing
grant recipient to make refund to the
Leveraging Educational Assistance
Grant
[
State Student Incentive Grant
] Program for Students
at Independent Institutions consistent with the intent of the Tuition Equalization
Grant Program refund policy.
Subchapter D. PROVISIONS FOR THE TEXAS PUBLIC GRANT PROGRAMS
Subchapter D. PROVISIONS FOR THE TEXAS PUBLIC EDUCATIONAL GRANT PROGRAMS
Subchapter F. PROVISIONS FOR THE SCHOLARSHIP PROGRAMS FOR VOCATIONAL NURSING STUDENTS
Subchapter G. PROVISIONS FOR THE SCHOLARSHIP PROGRAMS FOR PROFESSIONAL NURSING STUDENTS
Subchapter H. PROVISIONS FOR THE LICENSE PLATE INSIGNIA SCHOLARSHIP PROGRAM
Subchapter I. PROVISIONS FOR THE FIFTH-YEAR ACCOUNTING STUDENT SCHOLARSHIP PROGRAM
Subchapter L. TOWARD EXCELLENCE, ACCESS AND SUCCESS (TEXAS) GRANT PROGRAM
Subchapter L. TOWARD EXCELLENCE, ACCESS, AND SUCCESS (TEXAS) GRANT PROGRAM
Subchapter M. TOWARD EXCELLENCE, ACCESS AND SUCCESS (TEXAS) GRANT II PROGRAM