Emergency Sections An agency may adopt a new or amended section or repeal an existing section on an emergency basis if it determines that such action is necessary for the public health, safety, or welfare of this state. The section may become effective immediately upon filing with the Texas Register, or on a stated date less than 20 days after filing, for no more than 120 days. The emergency action is renewable once for no more than 60 days. Symbology in amended emergency sections. New language added to an existing section is indicated by the use of bold text. [Brackets] indicate deletion of existing material within a section. TITLE 1. ADMINISTRATION Part V. General Services Commission Chapter 115. Facilities Construction and Space Management Division 1 TAC sec.115.32 The General Services Commission adopts on an emergency basis amendment to sec.115.32, concerning emergency leases. The amendment increases the maximum term of emergency leases from 12 months to 24 months and deletes the requirement that the purpose of emergency leases be to provide time for acquiring space in accordance with Texas Civil Statutes, Article 6. The amendment is adopted on an emergency basis for immediate application for the following reasons. All Health and Human Services agencies will be subject to a moratorium on acquisition of lease space beginning on or about January 15, 1993, and continuing for 90 days, for the purpose of coordinating long-term acquisition of space for Health and Human Services agencies. Within such time, there will be a need for emergency leases. The longer term for such emergency leases will increase flexibility in scheduling commencement dates of bid leases, minimize the cost of emergency leases, and avoid the risk of unnecessary relocation of offices, with the resultant expense and disruption of client services. The amendment is adopted on an emergency basis adopted under Texas Civil Statutes, Article 601b, sec.6.12, which provide the General Services Commission with the authority to promulgate rules necessary to administer its functions under Texas Civil Statutes, Article 601b, Article 6. sec.115.32. Definitions. The following words and terms, when used in this subchapter, shall have the following meaning, unless the context clearly indicates otherwise. Emergency Lease -A lease negotiated with a private source for a term not to exceed 24 months, as determined by the Commission. Issued in Austin, Texas, on March 30, 1993. TRD-9321064 Judith M. Porras Director of Legal Information and Human Resources General Services Commission Effective date: March 31, 1993 Expiration date: July 29, 1993 For further information, please call: (512) 463-3583 TITLE 37. PUBLIC SAFETY AND CORRECTIONS Part VI. Texas Department of Criminal Justice Chapter 163. Community Justice Standards Subchapter C. Programs and Services 37 TAC sec.163.55 The Texas Department of Criminal Justice is renewing the effectiveness of the emergency adoption of the repeal sec.163.55, for a 60-day period effective April 12, 1993. The text of repeal sec.163.55 was originally published in the January 29, 1993, issue of the Texas Register (18 TexReg 521). Issued in Austin, Texas, on March 31, 1993. TRD-9321061 Jackee Cox General Counsel Texas Department of Criminal Justice Effective date: April 12, 1993 Expiration date: June 11, 1993 For further information, please call: (512) 463-9988 TITLE 43. TRANSPORTATION Part I. Texas Department of Transportation Chapter 1. Administration Conditional Grant Program 43 TAC sec.1.403 The Texas Department of Transportation adopts on an emergency basis an amendment to sec.1.403, concerning eligibility in the department's conditional grant program. Senate Bill 352, 72nd Legislature, Regular Session, 1991, required the department to establish and administer a conditional grant program to provide financial assistance to minority students who exhibited in the student's secondary school performance an aptitude for engineering, who intend to become civil engineers, and who will work for the department for two years following graduation. Section 1.403 provides that for a student to continue to be eligible to receive conditional grant funds, he or she must maintain an overall grade point average of 2.50 and receive credit for not fewer than 12 hours each semester toward the student's degree program. The amendment adds another provision to subsection (b) by providing that if, during not more than one semester, a student fails to meet the grade point or credit hour requirements of the section, he or she will continue to maintain eligibility on condition that the student must receive credit for not fewer than 12 hours each semester and attain a semester grade point average of 2.5 during all semesters thereafter until the student graduates. The department recognizes that due to temporary or short term individual circumstances a student may not be able to maintain uninterrupted eligibility. Adoption on an emergency basis is necessary in order to avoid the imposition of severe economic hardship on grant recipients and their families and to preserve the integrity of the conditional grant program. The amendment is adopted on an emergency basis under Texas Civil Statutes, Article 6666, which provide the Texas Transportation Commission with the authority to promulgate rules for the conduct of the work of the Texas Department of Transportation, and Chapter 56, Subchapter H of the Education Code which requires the department to adopt rules implementing a conditional grant program. sec.1.403. Eligibility. (a) Initial eligibility. (1) To be initially eligible for a conditional grant, a student must: (A) be a Texas resident; (B) be a minority; (C) be ranked by the committee among the top number of applicants commensurate with the number of available grants, pursuant to sec.1.404 of this title (relating to Application); and (D) except as provided in paragraph (2) of this subsection, exhibit in secondary school performance an aptitude for engineering by receiving: (i) an overall grade point average of at least 3.00 on a 4-point scale or a minimum score of 850 on the SAT or 21 on the ACT; and (ii) a grade of at least "B" in no fewer than three laboratory science or higher mathematics courses. (2) A student, who by reason of course unavailability cannot satisfy the requirements under paragraph (1)(D)(ii) of this subsection, may substitute the following: (A) a grade of at least "B" in no fewer than two mechanical or engineering drawing or related vocational educational courses; and (B) letters of recommendation from two knowledgeable secondary school teachers or from one professional engineer indicating that the student has an aptitude for engineering. (b) Continued eligibility. (1) In order to maintain eligibility, a student must [: (1)] be enrolled each semester in an institution in a course of instruction leading toward a degree in civil engineering and, except as provided in paragraph (2) of this subsection, must: (A)
    [(2)] maintain an overall institutional grade point average of at least 2.50 on a 4-point scale; and (B)
      [(3)] receive credit for not fewer than 12 hours each semester toward the student's degree program. (2) If, during not more than one semester, a student fails to meet the grade point or credit hour requirements of this subsection, he or she will continue to maintain eligibility. Students who fail to meet the grade point requirement, must receive credit for not fewer than 12 hours each semester and attain a semester grade point average of 2.5 during all semesters thereafter until the student graduates. (c) Waiver. The department may waive, upon approval of the executive director, the requirement that a student receive credit for not fewer than 12 hours each semester if a student demonstrates hardship. Hardship may involve serious illness, family emergency, or other extraordinary circumstances beyond the control of the student. Issued in Austin, Texas, on April 2, 1993. TRD-9321143 Diane L. Northam Legal Administrative Assistant Texas Department of Transportation Effective date: April 2, 1993 Expiration date: July 31, 1993 For further information, please call: (512) 463-8630