Part 1.
TEXAS HIGHER EDUCATION COORDINATING BOARD
Chapter 1.
AGENCY ADMINISTRATION
Subchapter D. STANDARDS OF CONDUCT
19 TAC §§1.60 - 1.67
The Texas Higher Education Coordinating Board proposes new §§1.60
-- 1.67 concerning Agency Administration (Standards of Conduct). Specifically,
these new sections govern all aspects of conduct of the Board and its employees
in these relationships, including the administration and investment of funds
received for the benefit of the Board, the use of an employee or property
by the donor or organization, service by an officer or employee of the Board
as an officer or director of the donor or organization, and monetary enrichment
of an officer or employee of the agency of the donor or organization.
Jan Greenberg, General Counsel, has determined that for each year of the
first five years the new rules are in effect, there will be no fiscal implications
to state or local government as a result of enforcing or administering the
new rules as proposed.
Ms. Greenberg has also determined that for each year of the first five
years the new rules are in effect, the public benefit anticipated as a result
of administering the new rules will be the new opportunities and methods available
to the Board in carrying out its duties. There will be no effect on small
businesses. There is no anticipated economic costs to institutions required
to comply with the new rules as proposed. There is no impact on local employment.
Comments on the new rules may be submitted to Dr. Don W. Brown, Commissioner
of Higher Education, Texas Higher Education Coordinating Board, P. O. Box
12788, Austin, Texas 78711.
The new rules are proposed under Texas Education Code, §61.027,
which provides the Texas Higher Education Coordinating Board the authority
to adopt rules, Texas Education Code, §61.038, which authorizes the Board
to accept donations, and Texas Government Code, §2255.001, which authorizes
a state agency to adopt rules governing the relationship between a donor or
organization, and the agency and its employees.
The new rules affect Texas Government Code, §2255.001.
§1.60.Scope and Purpose.
(a)
This subchapter establishes the criteria, procedures, and
standards of conduct governing the relationship between the Texas Higher Education
Coordinating Board (Board) and its officers and employees with private donors
and private organizations that exist to further the duties and purposes of
the Board.
(b)
The purpose of this subchapter is to comply with the provisions
of Texas Government Code, §2255.001.
§1.61.Definitions.
The following words and terms, when used in these sections, shall have
the following meanings, unless the context clearly indicates otherwise.
(1)
Commissioner -- The Commissioner of the Texas Higher Education
Coordinating Board.
(2)
Board -- The Texas Higher Education Coordinating Board
(3)
Donation -- A contribution of anything of value (financial
or in-kind gifts such as goods or services) given to the Board for public
higher education purposes or to a private organization that exists to further
the duties or functions of the Board. The Board may not accept donations of
real property (real estate) without the express permission and authorization
of the legislature.
(4)
Employee -- A regular, acting, exempt, full-time or part-time
employee of the Board.
(5)
Private donor -- One or more persons or private organizations
which give a donation to the Board for higher education purposes or to a private
organization which exists to further the duties and purposes of the Board.
(6)
Private organization -- A private organization that exists
to further the purposes and duties of the Board.
§1.62.Donations by Private Donors to the Board.
(a)
A private donor may make donations to the Board to be spent
for specified or unspecified public higher education purposes. If the donor
specifies the purpose, the Board must expend the donation only for that purpose.
(b)
All donations shall be expended in accordance with the
provisions of the State Appropriations Act and shall be deposited in the state
treasury unless exempted by specific statutory authority.
(c)
All donations shall be coordinated through the Commissioner.
(d)
The Board may not transfer a private donation to a foundation
or private/public development fund without specific written permission from
the donor and the written approval of the Commissioner.
§1.63.Donations by a Private Donor to a Private Organization That Exists To Further the Purposes and Duties of the Board.
(a)
A private donor may make donations to a private organization
that exists to further the purposes and duties of the Board.
(b)
The private organization shall administer and use the donation
in accordance with the provisions in the memorandum of understanding between
the private organization and the Board, as described in §1.65(c) of this
title (relating to Relationship between a Private Organization and the Board).
§1.64.Organizing a Private Organization That Exists To Further the Duties and Purposes of the Board.
(a)
The Commissioner and the membership of a private organization
covered by these sections may cooperatively appoint a board of directors for
the organization. The Commissioner shall be a non-voting member. Board employees
may hold office and vote provided there is no conflict of interest in accordance
with all federal and state laws and Board policies. This provision applies
to the employee's spouse and children.
(b)
As an alternative to the method described in subsection
(a) of this section, the private organization may decide not to have its board
cooperatively appointed.
§1.65.Relationship between a Private Organization and the Board.
(a)
The Board may provide to a private organization covered
by these sections:
(1)
fundraising and solicitation assistance;
(2)
staff services to coordinate activities;
(3)
administrative and clerical services;
(4)
office and meeting space;
(5)
training; and
(6)
other miscellaneous services as needed to further the duties
and purposes of the Board.
(b)
The private organization may provide:
(1)
postage;
(2)
printing, including letterhead and newsletters;
(3)
special event insurance;
(4)
recognition of donors; and
(5)
bond and liability insurance for organization officers.
(c)
The private organization and the Board shall enter into
a memorandum of understanding (MOU) which contains specific provisions regarding:
(1)
the relationship between the private organization and the
Board, and a mechanism for solving any conflicts or disputes;
(2)
fundraising and solicitation;
(3)
the use of all funds and other donations from fundraising
or solicitation, less legitimate expenses as described in the MOU, for the
benefit of the Board;
(4)
the maintenance by the private organization of receipts
and documentation of all funds and other donations received, including furnishing
such records to the Board; and
(5)
the furnishing to the Board of any audit of the private
organization by the Internal Revenue Service or a private firm.
§1.66.Standards of Conduct Between Board Employees and Private Donors.
(a)
A Board officer or employee shall not accept or solicit
any gift, favor, or service from a private donor that might reasonably tend
to influence his/her official conduct.
(b)
An officer or employee shall not accept employment or engage
in any business or professional activity with a private donor which the officer
or employee might reasonably expect would require or induce him/her to disclose
confidential information acquired by reason of his/her official position.
(c)
An officer or employee shall not accept other employment
or compensation from a private donor that would reasonably be expected to
impair the officer or employee's independence of judgment in the performance
of his/her official position.
(d)
An officer or employee shall not make personal investments
in association with a private donor that could reasonably be expected to create
a substantial conflict between the officer or employee's private interest
and the interest of the Board.
(e)
An officer or employee shall not solicit, accept, or agree
to accept any benefits for having exercised his/her official powers on behalf
of a private donor or performed his official duties in favor of private donor.
(f)
An officer or employee who has policy direction over the
Board and who serves as an officer or director of a private donor shall not
vote on any measure, proposal, or decision pending before the private donor
if the Board might reasonably be expected to have an interest in such measure,
proposal, or decision.
(g)
An officer or employee shall not authorize a private donor
to use property of the Board unless the property is used in accordance with
a contract or memorandum of understanding between the Board and the private
donor, or the Board is otherwise compensated for the use of the property.
§1.67.Miscellaneous.
The relationship between a private donor and a private organization
and the Board, including fundraising and solicitation activities, is subject
to all applicable federal and state laws, rules and regulations, and local
ordinances governing each entity and its employees.
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 February 7, 2001.
TRD-200100831
Gary Prevost
Acting Assistant Commissioner for Administration
Texas Higher Education Coordinating Board
Proposed date of adoption: April 20, 2001
For further information, please call: (512) 427-6162
Subchapter A. GENERAL PROVISIONS
19 TAC §§13.1 - 13.3
(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 §§13.1 - 13.3 concerning financial planning for public
institutions of higher education (General Provisions). The rules are being
repealed and new rules are being written that would simplify and streamline
financial planning procedures and that would incorporate existing standards
into the rules.
Roger W. Elliott, Assistant Commissioner for Finance, Campus Planning,
and Research, has determined that for each year of the first five years the
proposed repeal is in effect, there will be no fiscal implications to state
or local government as a result of enforcing or administering the repeal of
the rules as proposed.
Dr. Elliott has also determined that for each year of the first five years
the proposed repeal is in effect, the public benefit anticipated as a result
of administering the repeal of rules will be the continued financial accountability
of public higher education institutions. There will be no effect on state
and local government or small businesses. There is no anticipated economic
cost to the persons who are required to comply with the proposed repeal.
Comments on the proposed repeal of the rules may be submitted to Dr. Don
W. Brown, Commissioner of Higher Education, Texas Higher Education Coordinating
Board, P.O. Box 12788, Capitol Station, Austin, Texas, 78711.
The repeal of the rules is proposed under the Texas Education
Code, §§61.059b, 61.065, 51.005 and 51.0051 which provides the Texas
Higher Education Coordinating Board with the authority to adopt rules concerning
financial planning for public institutions of higher education (General Provisions).
The repeal of the rules affect the Texas Education Code, §§51.005,
51.0051, and 61.065.
§13.1.Formulas.
§13.2.Financial Reporting System for Public Junior Colleges.
§13.3.Financial Reporting System for Public Senior Colleges.
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 February 7, 2001.
TRD-200100815
Gary Prevost
Acting Assistant Commissioner for Administration
Texas Higher Education Coordinating Board
Proposed date of adoption: April 20, 2001
For further information, please call: (512) 427-6162
19 TAC §13.1
Texas Higher Education Coordinating Board proposes new §13.1,
concerning financial planning for public institutions of higher education
(Definitions). The new rule will simplify and streamline financial planning
procedures and will incorporate existing standards into the rule. Specifically
the new rule will provide definitions used in Chapter 13.
Roger W. Elliott, Assistant Commissioner for Finance, Campus Planning,
and Research, has determined that for each year of the first five years the
new rule is in effect, there will be no fiscal implications to state or local
government as a result of enforcing or administering the rule as proposed.
Dr. Elliott has also determined that for each year of the first five years
the new rule is in effect, the public benefit anticipated as a result of administering
these new rule will be the continued financial accountability of public higher
education institutions. There will be no effect on small businesses. There
is no anticipated economic costs to institutions required to comply with the
new rule as proposed. There is no impact on local employment.
Comments on the proposed new rule may be submitted to Dr. Don W. Brown,
Commissioner of Higher Education, Texas Higher Education Coordinating Board,
P.O. Box 12788, Capitol Station, Austin, Texas 78711.
The new rule is proposed under the Texas Education Code, §61.059b
which provides the Coordinating Board authority to review and revise funding
formulas; §61.065 which authorizes the Board to prescribe and update
a uniform system of reporting by institutions and to evaluate the informational
requirements of the State; and §51.005 and 51.0051 which provides the
Coordinating Board with the authority to approve the form of reports.
The new rule affects the Texas Education Code, §§51.005, 51.0051,
and 61.065.
§13.1.Definitions.
The following words and terms, when used in this subchapter, shall
have the following meanings, unless the context clearly indicates otherwise.
(1)
Auxiliary Enterprise--Activities providing a service to
students, faculty, or staff for a fee directly related to, although not necessarily
equal to, the cost of the service.
(2)
Available University Fund (AUF)--A fund established in
Article 7 of the Constitution to receive all interest and earnings of the
Permanent University Fund and used to pay the debt service on PUF-backed bonds.
(3)
Board or Coordinating Board--The Texas Higher Education
Coordinating Board.
(4)
Current Operating Funds--Unrestricted (appropriated) funds,
designated funds, restricted funds, and auxiliary enterprise funds.
(5)
Functional categories--Instruction, research, public service,
academic support, student service, institutional support, operation and maintenance
of plant, and hospital as defined by NACUBO.
(6)
General Revenue (GR)--State tax revenue
(7)
Governmental Accounting Standards Board (GASB)--An entity
created by the Financial Accounting Foundation to set accounting standards
for governmental entities including public institutions of higher education.
(8)
Higher Education Assistance Fund (HEAF)--A fund established
in Article 7 of the Constitution to fund capital.
(9)
Institutional Funds--Fees, gifts, grants, contracts, and
patient revenue, improvements and capital equipment for institutions not included
in the Permanent University Fund are not appropriated by the legislature.
(10)
Local Funds--Tuition, certain fees, and other educational
general revenue appropriated by the legislature.
(11)
National Association of College and University Business
Officers (NACUBO)--Provides guidance in business operations of higher education
institutions.
(12)
Permanent University Fund (PUF)--A fund established in
Article 7 of the Constitution to fund capital improvements and capital equipment
at certain institutions 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 February 7, 2001.
TRD-200100822
Gary Prevost
Acting Assistant Commissioner for Administration
Texas Higher Education Coordinating Board
Proposed date of adoption: April 20, 2001
For further information, please call: (512) 427-6162
19 TAC §§13.20 - 13.24
The Texas Higher Education Coordinating Board proposes new §§13.20
- 13.24 concerning financial planning for public institutions of higher education
(Formula Funding). The new rules will simplify and streamline financial planning
procedures and will incorporate existing standards into the rules. Specifically,
the new rules will provide guidelines for updating formula funding recommendations.
Roger W. Elliott, Assistant Commissioner for Finance, Campus Planning,
and Research, has determined that for each year of the first five years the
new rules are in effect, there will be no fiscal implications to state or
local government as a result of enforcing or administering the rules as proposed.
Dr. Elliott has also determined that for each year of the first five years
the new rules are in effect, the public benefit anticipated as a result of
administering these new rules will be the continued financial accountability
of public higher education institutions. There will be no effect on small
businesses. There is no anticipated economic costs to institutions required
to comply with the new rules as proposed. There is no impact on local employment.
Comments on the proposed new rules may be submitted to Dr. Don W. Brown,
Commissioner of Higher Education, Texas Higher Education Coordinating Board,
P.O. Box 12788, Capitol Station, Austin, Texas 78711.
The new rules are proposed under the Texas Education Code, §61.059b
which provides the Coordinating Board authority to review and revise funding
formulas; §61.065 which authorizes the Board to prescribe and update
a uniform system of reporting by institutions and to evaluate the informational
requirements of the State; and §51.005 and 51.0051 which provides the
Coordinating Board with the authority to approve the form of reports.
The new rules affect the Texas Education Code, §§51.005, 51.0051,
and 61.065.
§13.20.Purpose.
The purpose of this subchapter is to establish procedures for making
formula funding recommendations to the Governor and the Legislature and to
inform the public and institutions of those procedures.
§13.21.Authority.
Texas Education Code, §61.059(b) directs the Texas Higher Education
Coordinating Board to review and revise formulas for use of the Governor and
the Legislative Budget Board in making appropriations recommendations.
§13.22.Community and Technical College Formulas.
(a)
Formula Advisory Committee.
(1)
Not later than September 1 of each odd-numbered year, the
Commissioner shall appoint an advisory committee to review the funding formulas
used by the Governor and the Legislature for making appropriations to community
and technical colleges.
(2)
The formula advisory committee appointed by the Commissioner
shall consist of senior administrators at Texas public community or technical
colleges, members of the faculty, and members of the general public.
(3)
The committee shall elect its own chair and vice chair.
(4)
Meetings of the committee shall be open to the public.
The committee shall publish minutes of all meetings, and the minutes shall
be public documents.
(5)
The committee shall provide an opportunity for institutions,
the general public and other interested persons to provide testimony.
(6)
The committee shall make its recommendations to the Commissioner
no later than the February 1 of the year following its appointment.
(b)
All-Funds Expenditure Study.
(1)
The Board shall conduct a study of expenditures at community
colleges, Texas State Technical College, and Texas State University System
two-year institutions each year.
(2)
The study shall encompass all expenditures made by these
institutions for instruction and administration from all sources of funds
including appropriated general revenue, tuition and fees, contract instruction,
other educational and general revenue, and local tax revenue, but not including
restricted gifts and grants.
(3)
Each college shall report total instructional expenditures
and contact hours for each instructional discipline included on a list provided
by the Coordinating Board and total expenditures for administration, including
institutional support, student services, library, instructional administration,
organized activities, and staff benefits not paid by the state excluding physical
plant employees.
(4)
From this information, the Board shall calculate median
costs for each instructional discipline.
(c)
Community and Technical College Formula Recommendation.
(1)
At the quarterly meeting of the Coordinating Board in April
of even-number years, the Commissioner shall recommend a funding formula for
the next biennium for community and technical colleges. The Commissioner shall
also report the recommendations of the formula advisory committee.
(2)
In making recommendations, the Commissioner shall consider
the results of the all funds expenditure study, the financial needs of affected
institutions, funding provided for equivalent courses in general academic
institutions and for peer institutions in other states, and other factors
as appropriate.
(3)
The Commissioner shall recommend a general revenue appropriation
for instruction and administration for community colleges and the Texas State
Technical College System and two-year colleges in the Texas State University
System. The Legislative Budget Board staff converts the general revenue formula
for Texas State Technical College System and two-year colleges in the Texas
State University System into an all funds appropriation based on their estimated
educational and general income.
(4)
After adoption, the Commissioner shall transmit the Board's
recommendations to the Governor and the Legislative Budget Board no later
than May 30 of each even-numbered year.
§13.23.General Academic Institution Formulas.
(a)
Formula Advisory Committee.
(1)
Not later than September 1 of each odd-numbered year, the
Commissioner shall appoint an advisory committee to review the funding formulas
used by the Governor and the Legislature for making appropriations to general
academic institutions.
(2)
The formula advisory committee appointed by the Commissioner
shall consist of senior administrators at Texas general academic institutions,
members of the faculty, and members of the general public.
(3)
The committee shall elect its own chair and vice chair.
(4)
Meetings of the committee shall be open to the public.
The committee shall publish minutes of all meetings, and the minutes shall
be public documents.
(5)
The committee shall provide an opportunity for institutions,
the general public and other interested persons to provide testimony.
(6)
The formula advisory committee may appoint two study committees,
one for the instructional and operations formula and another for the infrastructure
formula. The study committees may include members from the formula advisory
committees and other institutional representatives as appropriate. The infrastructure
study committee will include at least one representative from the Texas State
Technical College System or the two-year colleges in the Texas State University
System.
(7)
The formula study committees shall make their recommendations
to the formula advisory committee no later than the January 15 of the year
following its appointment.
(8)
The formula advisory committee shall make its recommendations
to the Commissioner no later than the February 1 of the year following its
appointment.
(b)
General Academic Institution Formula Recommendation.
(1)
At the quarterly meeting of the Coordinating Board in April
of even-number years, the Commissioner shall recommend a funding formula for
the next biennium for general academic institutions. The Commissioner shall
also report the recommendations of the formula advisory committee.
(2)
In making recommendations, the Commissioner shall consider
the financial needs of affected institutions, funding levels at peer institutions
in other states, and other factors as appropriate.
(3)
The Commissioner shall recommend an all funds appropriation.
(4)
After adoption, the Commissioner shall transmit the Board's
recommendations to the Governor and the Legislative Budget Board no later
than May 30 of each even-numbered year.
§13.24.Health-Related Institution Formulas.
(a)
Formula Advisory Committee.
(1)
Not later than September 1 of each odd-numbered year, the
Commissioner shall appoint an advisory committee to review the funding formulas
used by the Governor and the Legislature for making appropriations to health-related
institutions.
(2)
The formula advisory committee appointed by the Commissioner
shall consist of one representative of each public health-related institution.
(3)
The committee shall elect its own chair and vice chair.
(4)
Meetings of the committee shall be open to the public.
The committee shall publish minutes of all meetings, and the minutes shall
be public documents.
(5)
The committee shall provide an opportunity for institutions,
the general public and other interested persons to provide testimony.
(6)
The formula advisory committee may appoint two study committees,
one for the instructional and operations formula and another for the infrastructure
formula. The study committees may include members from the formula advisory
committees and other institutional representatives as appropriate.
(7)
The formula study committees shall make their recommendations
to the formula advisory committee no later than the January 15 of the year
following its appointment.
(8)
The formula advisory committee shall make its recommendations
to the Commissioner no later than the February 1 of the year following its
appointment.
(b)
Health-Related Institution Formula Recommendation.
(1)
At the quarterly meeting of the Coordinating Board in April
of even-number years, the Commissioner shall recommend a funding formula for
the next biennium for health-related institutions. The Commissioner shall
also report the recommendations of the formula advisory committee.
(2)
In making recommendations, the Commissioner shall consider
the financial needs of affected institutions, funding provided for equivalent
courses in general academic institutions, funding levels at peer institutions
in other states, and other factors as appropriate.
(3)
The Commissioner shall recommend an all funds appropriation.
(4)
After adoption, the Commissioner shall transmit the Board's
recommendations to the Governor and the Legislative Budget Board no later
than May 30 of each even-numbered years.
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 February 7, 2001.
TRD-200100823
Gary Prevost
Acting Assistant Commissioner for Administration
Texas Higher Education Coordinating Board
Proposed date of adoption: April 20, 2001
For further information, please call: (512) 427-6162
19 TAC §§13.21 - 13.23
(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 §§13.21 - 13.23 concerning financial planning for
public institutions of higher education (Procedures for Certification of Adequacy
of Funding). The rules are being repealed and new rules are being written
that would simplify and streamline financial planning procedures and that
would incorporate existing standards into the rules.
Roger W. Elliott, Assistant Commissioner for Finance, Campus Planning,
and Research, has determined that for each year of the first five years the
proposed repeal is in effect, there will be no fiscal implications to state
or local government as a result of enforcing or administering the repeal of
the rules as proposed.
Dr. Elliott has also determined that for each year of the first five years
the proposed repeal is in effect, the public benefit anticipated as a result
of administering the repeal of rules will be the continued financial accountability
of public higher education institutions. There will be no effect on state
and local government or small businesses. There is no anticipated economic
cost to the persons who are required to comply with the proposed repeal.
Comments on the proposed repeal of the rules may be submitted to Dr. Don
W. Brown, Commissioner of Higher Education, Texas Higher Education Coordinating
Board, P.O. Box 12788, Capitol Station, Austin, Texas, 78711.
The repeal of the rules is proposed under the Texas Education
Code, §§61.059b, 61.065, 51.005 and 51.0051 which provides the Texas
Higher Education Coordinating Board with the authority to adopt rules concerning
financial planning for public institutions of higher education (Procedures
for Certification of Adequacy of Funding).
The repeal of the rules affect the Texas Education Code, §§51.005,
51.0051, and 61.065.
§13.21.Statement on Funding.
§13.22.Statement on Effect to Existing Programs.
§13.23.Format for Certification Statement.
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 February 7, 2001.
TRD-200100816
Gary Prevost
Acting Assistant Commissioner for Administration
Texas Higher Education Coordinating Board
Proposed date of adoption: April 20, 2001
For further information, please call: (512) 427-6162
19 TAC §§13.40 - 13.47
The Texas Higher Education Coordinating Board proposes new §§13.40
- 13.47 concerning financial planning for public institutions of higher education
(Budgets). The new rules will simplify and streamline financial planning procedures
and will incorporate existing standards into the rules. Specifically, the
new rules will provide guidelines for uniform budget preparation.
Roger W. Elliott, Assistant Commissioner for Finance, Campus Planning,
and Research, has determined that for each year of the first five years the
new rules are in effect, there will be no fiscal implications to state or
local government as a result of enforcing or administering the rules as proposed.
Dr. Elliott has also determined that for each year of the first five years
the new rules are in effect, the public benefit anticipated as a result of
administering these new rules will be the continued financial accountability
of public higher education institutions. There will be no effect on small
businesses. There is no anticipated economic costs to institutions required
to comply with the new rules as proposed. There is no impact on local employment.
Comments on the proposed new rules may be submitted to Dr. Don W. Brown,
Commissioner of Higher Education, Texas Higher Education Coordinating Board,
P.O. Box 12788, Capitol Station, Austin, Texas 78711.
The new rules are proposed under the Texas Education Code, §61.059b
which provides the Coordinating Board authority to review and revise funding
formulas; §61.065 which authorizes the Board to prescribe and update
a uniform system of reporting by institutions and to evaluate the informational
requirements of the State; and §51.005 and 51.0051 which provides the
Coordinating Board with the authority to approve the form of reports.
The new rules affect the Texas Education Code, §§51.005, 51.0051,
and 61.065.
§13.40.Purpose.
Provide guidelines for uniform budget preparation, timeline for submission,
and distribution of approved budgets.
§13.41.Authority.
The Texas Education Code, §61.065 authorizes the board to evaluate
the informational requirements of the state for purposes of simplifying reports.
§13.42.Budget Approval.
(a)
The governing board of each institution shall approve an
itemized current operating budget on or before September 1 of each year.
(b)
The governing boards of The University of Texas System
and the Texas A&M University System shall approve Permanent University
Fund (PUF) and Available University (AUF) budgets on or before September 1
of each year.
(c)
The governing board of each institution eligible to receive
HEAF appropriations shall approve a HEAF budget on or before September 1 of
each year.
§13.43.Distribution of Budgets.
Copies of the current operating funds, PUF/AUF, and HEAF budget shall
be furnished to the Board for distribution to the Governor's Budget and Planning
Office, Legislative Budget Board, and Legislative Reference Library. Copies
shall be maintained in the institution's library.
§13.44.Salaries and Emoluments.
The community colleges' budgets shall include salaries and emoluments
for faculty and staff listed by position.
§13.45.Format of Current Operating Funds Budgets.
The operating budgets shall:
(1)
include general revenue, local funds, and estimated institutional
funds;
(2)
include detail by department for current and prior year;
(3)
include a summary by functional categories for current
and prior year;
(4)
include a summary of the instructional budget by college
or school for the current and preceding year; and
(5)
include a summary by amount and method of finance for each
listed informational item in the general appropriation act.
§13.46.Format for PUF/AUF Budget.
The PUF/AUF budget shall:
(1)
include all projects approved for funding with PUF bonds
by component institution and
(2)
include all debt service payments on PUF-backed bonds by
component institution.
§13.47.Format for HEAF Budget.
The HEAF budget shall:
(1)
include all projects approved for funding with HEAF bonds
by component institution,
(2)
include all debt service payments on HEAF-backed bonds
by component institution, and
(3)
include all capital equipment and library books to be purchased
during the fiscal year with HEAF funds.
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 February 7, 2001.
TRD-200100824
Gary Prevost
Acting Assistant Commissioner for Administration
Texas Higher Education Coordinating Board
Proposed date of adoption: April 20, 2001
For further information, please call: (512) 427-6162
19 TAC §§13.41 - 13.47
(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 §§13.41 - 13.47 concerning financial planning for
public institutions of higher education (Approval of Tuition Revenue Bonds
and Pledge). The rules are being repealed and new rules are being written
that would simplify and streamline financial planning procedures and that
would incorporate existing standards into the rules.
Roger W. Elliott, Assistant Commissioner for Finance, Campus Planning,
and Research, has determined that for each year of the first five years the
proposed repeal is in effect, there will be no fiscal implications to state
or local government as a result of enforcing or administering the repeal of
the rules as proposed.
Dr. Elliott has also determined that for each year of the first five years
the proposed repeal is in effect, the public benefit anticipated as a result
of administering the repeal of rules will be the continued financial accountability
of public higher education institutions. There will be no effect on state
and local government or small businesses. There is no anticipated economic
cost to the persons who are required to comply with the proposed repeal.
Comments on the proposed repeal of the rules may be submitted to Dr. Don
W. Brown, Commissioner of Higher Education, Texas Higher Education Coordinating
Board, P.O. Box 12788, Capitol Station, Austin, Texas, 78711.
The repeal of the rules is proposed under the Texas Education
Code, §§61.059b, 61.065, 51.005 and 51.0051 which provides the Texas
Higher Education Coordinating Board with the authority to adopt rules concerning
financial planning for public institutions of higher education (Approval of
Tuition Revenue Bonds and Pledge).
The repeal of the rules affect the Texas Education Code, §§51.005,
51.0051, and 61.065.
§13.41.Purpose.
§13.42.Incorporation by Reference.
§13.43.Definitions.
§13.44.Application for Approval of Revenue Bonds.
§13.45.Required Filing of Official Notice of Sale and Prospectus.
§13.46.Required Transcript of Proceedings.
§13.47.Required Financial Reporting.
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 February 7, 2001.
TRD-200100817
Gary Prevost
Acting Assistant Commissioner for Administration
Texas Higher Education Coordinating Board
Proposed date of adoption: April 20, 2001
For further information, please call: (512) 427-6162
19 TAC §§13.60 - 13.62
The Texas Higher Education Coordinating Board proposes new §§13.60
- 13.62 concerning financial planning for public institutions of higher education
(Financial Reporting). The new rules will simplify and streamline financial
planning procedures and will incorporate existing standards into the rules.
Specifically, the new rules will provide guidelines for financial reporting.
Roger W. Elliott, Assistant Commissioner for Finance, Campus Planning,
and Research, has determined that for each year of the first five years the
new rules are in effect, there will be no fiscal implications to state or
local government as a result of enforcing or administering the rules as proposed.
Dr. Elliott has also determined that for each year of the first five years
the new rules are in effect, the public benefit anticipated as a result of
administering these new rules will be the continued financial accountability
of public higher education institutions. There will be no effect on small
businesses. There is no anticipated economic costs to institutions required
to comply with the new rules as proposed. There is no impact on local employment.
Comments on the proposed new rules may be submitted to Dr. Don W. Brown,
Commissioner of Higher Education, Texas Higher Education Coordinating Board,
P.O. Box 12788, Capitol Station, Austin, Texas 78711.
The new rules are proposed under the Texas Education Code, §61.059b
which provides the Coordinating Board authority to review and revise funding
formulas; §61.065 which authorizes the Board to prescribe and update
a uniform system of reporting by institutions and to evaluate the informational
requirements of the State; and §51.005 and 51.0051 which provides the
Coordinating Board with the authority to approve the form of reports.
The new rules affect the Texas Education Code, §§51.005, 51.0051,
and 61.065.
§13.60.Purpose.
The purpose of this subchapter is to ensure uniformity and a true and
full accounting of all financial transactions for all institutions of higher
education.
§13.61.Authority.
The Texas Education Code, §61.065 authorizes the Texas Higher
Education Coordinating Board and the Comptroller of Public Accounts to prescribe
uniform financial reporting guidelines.
§13.62.Community Colleges.
(a)
The Coordinating Board staff shall annually review and
update the financial reporting manual with advice from community college business
officers and the college's independent auditors.
(b)
The financial reporting manual shall be in compliance with
the Governmental Accounting Standards Board's pronouncements.
(c)
The community colleges shall submit their audited annual
financial reports to the Coordinating Board by January 1st of each year.
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 February 7, 2001.
TRD-200100825
Gary Prevost
Acting Assistant Commissioner for Administration
Texas Higher Education Coordinating Board
Proposed date of adoption: April 20, 2001
For further information, please call: (512) 427-6162
19 TAC §§13.61 - 13.67
(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 §§13.61 - 13.67 concerning financial planning for
public institutions of higher education (Procedures and Criteria for Funding
of Family Practice Residency Programs). The rules are being repealed and new
rules are being written that would simplify and streamline financial planning
procedures and that would incorporate existing standards into the rules.
Roger W. Elliott, Assistant Commissioner for Finance, Campus Planning,
and Research, has determined that for each year of the first five years the
proposed repeal is in effect, there will be no fiscal implications to state
or local government as a result of enforcing or administering the repeal of
the rules as proposed.
Dr. Elliott has also determined that for each year of the first five years
the proposed repeal is in effect, the public benefit anticipated as a result
of administering the repeal of rules will be the continued financial accountability
of public higher education institutions. There will be no effect on state
and local government or small businesses. There is no anticipated economic
cost to the persons who are required to comply with the proposed repeal.
Comments on the proposed repeal of the rules may be submitted to Dr. Don
W. Brown, Commissioner of Higher Education, Texas Higher Education Coordinating
Board, P.O. Box 12788, Capitol Station, Austin, Texas, 78711.
The repeal of the rules is proposed under the Texas Education
Code, §§ 61.059b, 61.065, 51.005 and 51.0051 which provides the
Texas Higher Education Coordinating Board with the authority to adopt rules
concerning financial planning for public institutions of higher education
(Procedures and Criteria for Funding of Family Practice Residency Programs).
The repeal of the rules affect the Texas Education Code, Section 51.005,
51.0051, and 61.065.
§13.61.Types of Grants.
§13.62.Requirements for a Family Practice Residency Operational Grant.
§13.63.Requirements for a Support Grant.
§13.64.Requirements for a Rural Rotations Reimbursement Grant.
§13.65.Requirements for a Public Health Rotation Reimbursement Grant.
§13.66.Review of Family Practice Residency Operational Grant Applications and Support Grant Applications.
§13.67.Amount of Family Practice Operational Grants and Support Grants.
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 February 7, 2001.
TRD-200100818
Gary Prevost
Acting Assistant Commissioner for Administration
Texas Higher Education Coordinating Board
Proposed date of adoption: April 20, 2001
For further information, please call: (512) 427-6162
19 TAC §§13.80 - 13.87
The Texas Higher Education Coordinating Board proposes new §§13.80
- 13.87 concerning financial planning for public institutions of higher education
(Tuition Rebates for Certain Undergraduates). The new rules will simplify
and streamline financial planning procedures and will incorporate existing
standards into the rules. Specifically, the new rules includes minor modifications
to existing rules regarding tuition rebates to make them consistent with current
policies.
Roger W. Elliott, Assistant Commissioner for Finance, Campus Planning,
and Research, has determined that for each year of the first five years the
new rules are in effect, there will be no fiscal implications to state or
local government as a result of enforcing or administering the rules as proposed.
Dr. Elliott has also determined that for each year of the first five years
the new rules are in effect, the public benefit anticipated as a result of
administering these new rules will be the continued financial accountability
of public higher education institutions. There will be no effect on small
businesses. There is no anticipated economic costs to institutions required
to comply with the new rules as proposed. There is no impact on local employment.
Comments on the proposed new rules may be submitted to Dr. Don W. Brown,
Commissioner of Higher Education, Texas Higher Education Coordinating Board,
P.O. Box 12788, Capitol Station, Austin, Texas 78711.
The new rules are proposed under the Texas Education Code, §61.059b
which provides the Coordinating Board authority to review and revise funding
formulas; §61.065 which authorizes the Board to prescribe and update
a uniform system of reporting by institutions and to evaluate the informational
requirements of the State; and §51.005 and 51.0051 which provides the
Coordinating Board with the authority to approve the form of reports.
The new rules affect the Texas Education Code, §§51.005, 51.0051,
and 61.065.
§13.80.Purpose.
The purpose of this program is to provide tuition rebates that will
provide a financial incentive for students to prepare for university studies
while completing their high school work, avail themselves of academic counseling,
make early career decisions, and complete their baccalaureate studies with
as few courses outside the degree plan as possible. Minimizing the number
of courses taken by students results in financial savings to students, parents,
and the state.
§13.81.Authority.
The program is authorized by Texas Education Code, §54.0065.
§13.82.Eligible Students.
To be eligible for rebates under this program, students must meet all
of the following conditions:
(1)
they must have enrolled for the first time in an institution
of higher education in the fall 1997 semester or later,
(2)
they must be requesting a rebate for work related to a
first baccalaureate degree received from a Texas public university,
(3)
they must have been a resident of Texas, must have attempted
all coursework at a Texas public institution of higher education, and have
been entitled to pay resident tuition at all times while pursuing the degree,
and
(4)
they must have attempted no more than three hours in excess
of the minimum number of semester credit hours required to complete the degree
under the catalog under which they were graduated. Hours attempted include
transfer credits, course credit earned exclusively by examination, courses
that are dropped after the official census date, for-credit developmental
courses, optional internship and cooperative education courses, and repeated
courses. Courses dropped for reasons that are determined by the institution
to be totally beyond the control of the student shall not be counted. For
students concurrently earning a baccalaureate degree and a Texas teaching
certificate, required teacher education courses shall not be counted to the
extent that they are over and above the free electives allowed in the baccalaureate
degree program.
§13.83.Affected Institutions.
(a)
All Texas public baccalaureate-granting general academic
universities are required to offer rebates to eligible students.
(b)
All Texas public institutions of higher education are required
to notify students of the existence of the tuition rebate program and provide
course enrollment opportunities (see §13.85 of this title, relating to
Responsibilities of Institutions).
§13.84.Amount of Tuition Rebates.
(a)
The amount of tuition to be rebated to a student under
this program is $1,000, unless the total amount of undergraduate tuition paid
by the student to the institution awarding the degree was less than $1,000,
in which event the amount of tuition to be rebated is an amount equal to the
amount of undergraduate tuition paid by the student to the institution.
(b)
A student who paid the institution awarding the degree
an amount of undergraduate tuition less than $1,000 may qualify for an increase
in the amount of the rebate, not to exceed a total rebate of $1,000, for any
amount of undergraduate tuition the student paid to other Texas public institutions
of higher education by providing the institution awarding the degree with
proof of the total amount of that tuition paid to other institutions.
(c)
Tuition rebates shall be reduced by the amount of any outstanding
student loan, including an emergency loan, owed to or guaranteed by this state,
including the Texas Guaranteed Student Loan Corporation. If a student has
more than one outstanding student loan, the institution shall apply the amount
of the rebate to the loans as directed by the student. If the student fails
to provide timely instructions on the application of the amount, the institution
shall apply the amount of the rebate to retire the loans with the highest
interest rates first.
§13.85.Responsibilities of Institutions.
Affected institutions have the following responsibilities associated
with this program:
(1)
All Texas public institutions of higher education, including
community and technical colleges, shall include information regarding this
program in the institution's catalog.
(2)
If requested by potentially eligible students, public institutions
of higher education are required to provide these students opportunities to
enroll during each fall and spring semester in the equivalent of at least
12 semester credit hours that apply toward their degrees. Institutions are
not required to provide students with the opportunity to enroll in specific
courses or specific sections. Community and Technical Colleges will comply
to the extent that courses for the current semester are being offered that
apply to the student's university degree program. The requirement may be met
by allowing substitutions for required courses or by allowing concurrent enrollment
in courses from another institution, so long as the courses are taught on
the students' home campus and the student incurs no financial penalty.
(3)
Texas public universities are required to provide students
with appropriate forms and instructions for requesting tuition reimbursement
at the time that students apply for baccalaureate degrees.
(4)
Institutions are required to provide tuition rebates to
students who apply for them within 60 days after graduation or provide the
student with a statement explaining the reason the student is ineligible for
the rebate.
(5)
Institutions are required to provide a dispute resolution
process to resolve disputes related to local administration of the program.
(6)
Disputes related to lower division credit transfer should
be resolved in accordance with Coordinating Board rules, Chapter 5, §5.393
of this title (relating to Transfer of Lower Division Course Credit).
(7)
Institutions may adopt policies and procedures for administering
the program. For example, institutions may require students to declare their
intent to qualify for a tuition rebate early in their careers or register
prior to the beginning of the semester.
§13.86.Responsibilities of Students.
(a)
Students desiring to qualify for tuition rebates are responsible
for complying with all university rules and regulations related to administration
of the program.
(b)
Students desiring to qualify for tuition rebates are solely
responsible for enrolling only in courses that will qualify them for the rebates.
(c)
A student who has transferred from another institution
of higher education is responsible for providing to the institution awarding
the degree official transcripts from all institutions attended by the student.
(d)
Students must apply for rebates prior to receiving their
baccalaureate degrees on forms provided by the institution and must keep the
institution apprized of their addresses for at least 60 days after their graduation
date.
§13.87.Source of Funding.
Tuition rebates shall be paid from institutional local funds. However,
the enabling legislation provides that the Legislature shall account in the
General Appropriations Act for the rebates in a way that provides a corresponding
increase in the general revenue funds appropriated to the 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 February 7, 2001.
TRD-200100826
Gary Prevost
Acting Assistant Commissioner for Administration
Texas Higher Education Coordinating Board
Proposed date of adoption: April 20, 2001
For further information, please call: (512) 427-6162
19 TAC §§13.81 - 13.85
(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 §§13.81 - 13.85 concerning financial planning for
public institutions of higher education (Procedures and Criteria for Funding
Graduate Medical Education Programs). The rules are being repealed and new
rules are being written that would simplify and streamline financial planning
procedures and that would incorporate existing standards into the rules.
Roger W. Elliott, Assistant Commissioner for Finance, Campus Planning,
and Research, has determined that for each year of the first five years the
proposed repeal is in effect, there will be no fiscal implications to state
or local government as a result of enforcing or administering the repeal of
the rules as proposed.
Dr. Elliott has also determined that for each year of the first five years
the proposed repeal is in effect, the public benefit anticipated as a result
of administering the repeal of rules will be the continued financial accountability
of public higher education institutions. There will be no effect on state
and local government or small businesses. There is no anticipated economic
cost to the persons who are required to comply with the proposed repeal.
Comments on the proposed repeal of the rules may be submitted to Dr. Don
W. Brown, Commissioner of Higher Education, Texas Higher Education Coordinating
Board, P.O. Box 12788, Capitol Station, Austin, Texas, 78711.
The repeal of the rules is proposed under the Texas Education
Code, §§ 61.059b, 61.065, 51.005 and 51.0051 which provides the
Texas Higher Education Coordinating Board with the authority to adopt rules
concerning financial planning for public institutions of higher education
(Procedures and Criteria for Funding Graduate Medical Education Programs).
The repeal of the rules affect the Texas Education Code, Section 51.005,
51.0051, and 61.065.
§13.81.Purpose.
§13.82.Grants or Formula Distributions.
§13.83.Eligibility.
§13.84.Award of Funds.
§13.85.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 February 7, 2001.
TRD-200100819
Gary Prevost
Acting Assistant Commissioner for Administration
Texas Higher Education Coordinating Board
Proposed date of adoption: April 20, 2001
For further information, please call: (512) 427-6162
19 TAC §§13.91 - 13.98
(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 §§13.91 - 13.98 concerning financial planning for
public institutions of higher education (Tuition Rebates for Certain Undergraduates).
The rules are being repealed and new rules are being written that would simplify
and streamline financial planning procedures and that would incorporate existing
standards into the rules.
Roger W. Elliott, Assistant Commissioner for Finance, Campus Planning,
and Research, has determined that for each year of the first five years the
proposed repeal is in effect, there will be no fiscal implications to state
or local government as a result of enforcing or administering the repeal of
the rules as proposed.
Dr. Elliott has also determined that for each year of the first five years
the proposed repeal is in effect, the public benefit anticipated as a result
of administering the repeal of rules will be the continued financial accountability
of public higher education institutions. There will be no effect on state
and local government or small businesses. There is no anticipated economic
cost to the persons who are required to comply with the proposed repeal.
Comments on the proposed repeal of the rules may be submitted to Dr. Don
W. Brown, Commissioner of Higher Education, Texas Higher Education Coordinating
Board, P.O. Box 12788, Capitol Station, Austin, Texas, 78711.
The repeal of the rules is proposed under the Texas Education
Code, §§ 61.059b, 61.065, 51.005 and 51.0051 which provides the
Texas Higher Education Coordinating Board with the authority to adopt rules
concerning financial planning for public institutions of higher education
(Tuition Rebates for Certain Undergraduates).
The repeal of the rules affect the Texas Education Code, Section 51.005,
51.0051, and 61.065.
§13.91.Purpose.
§13.92.Authority.
§13.93.Eligible Students.
§13.94.Affected Institutions.
§13.95.Amount of Tuition Rebates.
§13.96.Responsibilities of Institutions.
§13.97.Responsibilities of Students.
§13.98.Source of Funding.
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 February 7, 2001.
TRD-200100820
Gary Prevost
Acting Assistant Commissioner for Administration
Texas Higher Education Coordinating Board
Proposed date of adoption: April 20, 2001
For further information, please call: (512) 427-6162
19 TAC §§13.100 - 13.106
The Texas Higher Education Coordinating Board proposes new §§13.100
- 13.106 concerning financial planning for public institutions of higher education
(Formula Funding and Tuition Charged for Excess Credit Hours of Undergraduate
Students). The new rules will simplify and streamline financial planning procedures
and will incorporate existing standards into the rules.
Roger W. Elliott, Assistant Commissioner for Finance, Campus Planning,
and Research, has determined that for each year of the first five years the
new rules are in effect, there will be no fiscal implications to state or
local government as a result of enforcing or administering the rules as proposed.
Dr. Elliott has also determined that for each year of the first five years
the new rules are in effect, the public benefit anticipated as a result of
administering these new rules will be the continued financial accountability
of public higher education institutions. There will be no effect on small
businesses. There is no anticipated economic costs to institutions required
to comply with the new rules as proposed. There is no impact on local employment.
Comments on the proposed new rules may be submitted to Dr. Don W. Brown,
Commissioner of Higher Education, Texas Higher Education Coordinating Board,
P.O. Box 12788, Capitol Station, Austin, Texas 78711.
The new rules are proposed under the Texas Education Code, §61.059b
which provides the Coordinating Board authority to review and revise funding
formulas; §61.065 which authorizes the Board to prescribe and update
a uniform system of reporting by institutions and to evaluate the informational
requirements of the State; and §51.005 and 51.0051 which provides the
Coordinating Board with the authority to approve the form of reports.
The new rules affect the Texas Education Code, §§51.005, 51.0051,
and 61.065.
§13.100.Purpose.
This subchapter provides financial incentives for institutions to facilitate
the progress of undergraduate students through their academic programs and
incentives for students to complete their degree programs expeditiously. Rules
contained in this subchapter clarify the enabling legislation, define responsibilities
of institutions and the Coordinating Board in implementing the statute, and
ensure that students are adequately informed.
§13.101.Authority.
These rules relate to the Texas Education Code, §§54.068
and 61.0595. §54.068 specifies the tuition that may be charged to students
with excess hours. §61.0595 specifies the fundability of undergraduate
credit hours.
§13.102.Definitions.
The following words and terms, when used in this subchapter, shall
have the following meanings, unless the context clearly indicates otherwise:
(1)
Remedial and developmental courses -- courses designed
to correct academic deficiencies and bring students' skills to an appropriate
level for entry into college.
(2)
Technical courses -- workforce education courses offered
for semester or quarter credit hours and associated with applied associate
degree or workforce certificate programs.
(3)
Workforce education courses -- courses offered by two-year
institutions for the primary purpose of preparing students to enter the workforce
rather than academic transfer. Includes both technical courses and continuing
education courses.
(4)
Hours -- quarter credit hours or semester credit hours.
§13.103.Affected Students.
(a)
The limitation on funding of excess undergraduate credit
hours applies only to hours generated by students who initially enroll as
undergraduates in an institution of higher education in the 1999 fall semester
or in a subsequent term. If a student has been enrolled as an undergraduate
student in any public or private institution of higher education during any
term prior to the 1999 fall semester, the student's credit hours are exempt.
(b)
Hours generated by non-resident students paying tuition
at the rate provided for Texas residents are subject to the same limitations
as hours generated by resident students.
§13.104.Limitation on Formula Funding.
Funding of excess undergraduate credit hours is limited as follows:
(1)
Universities and health-related institutions may not submit
for formula funding hours attempted by an undergraduate student who has previously
attempted 45 or more semester credit hours or its quarter hour equivalent
beyond the minimum number of hours required for completion of the degree program
in which the student is enrolled.
(2)
An undergraduate student at a four-year institution who
is not enrolled in a degree program is considered to be enrolled in a degree
program requiring a minimum of 120 semester credit hours.
(3)
Students who enroll on a temporary basis in a university
or health-related institution and are also enrolled in a private or independent
institution of higher education or an out-of-state institution of higher education
are considered to be enrolled in a degree program requiring a minimum of 120
semester credit hours.
(4)
For the purposes of the undergraduate limit, an undergraduate
student who has entered into a master's or professional degree program without
first completing an undergraduate degree is considered to no longer be an
undergraduate student after having completed the equivalent of a bachelor's
degree or all of the course work normally taken during the first four years
of undergraduate course work in the student's degree program.
(5)
For the purposes of the undergraduate limit, students are
treated for funding purposes as having whatever major they had on the official
census day of the term in question. If a student changes majors during a term,
that act does not retroactively change their eligibility under the limit.
(6)
The following types of credit hours are exempt and do not
count toward the limit:
(A)
hours earned by the student before receiving a baccalaureate
degree that has been previously awarded to the student;
(B)
hours earned through examination or similar method without
registering for a course;
(C)
hours from remedial and developmental courses, technical
courses, workforce education courses, or other courses that would not generate
academic credit that could be applied to a degree at the institution;
(D)
hours earned by the student at a private institution or
an out-of-state institution; and
(E)
any hours not eligible for formula funding.
§13.105.Tuition Charged to Affected Students.
An institution of higher education may charge a higher tuition rate,
not to exceed the rate charged to nonresident undergraduate students, to an
undergraduate student whose hours can no longer be submitted for formula funding
because of the funding limit defined in §13.104 of this title (relating
to Limitation on Formula Funding).
§13.106.Responsibilities of Institutions.
(a)
The Coordinating Board will maintain a database indicating
the number of hours an eligible undergraduate student has accumulated toward
the limit. Institutions are required to report to the Coordinating Board all
information required to comply with the Texas Education Code, §§54.060
and 61.0595, to check every term on the progress of eligible students toward
the limit, and to cooperate with the Coordinating Board in the administration
of the limit.
(b)
Each community and technical college, Lamar state college,
university, and health-related institution shall publish in its catalog information
about the limit on undergraduate credit hours. Until this material is included
in catalogs, each institution shall inform undergraduate students initially
enrolling at the institution in writing of the limit.
(c)
Community and technical colleges and the Lamar state colleges
shall inform each affected undergraduate student of the individual's progress
toward the limit when the student has accumulated 70 or more semester credit
hours toward the limit.
(d)
Universities and health-related institutions shall inform
each affected undergraduate student of the individual's progress toward the
limit and of the institution's tuition policy for students who exceed the
limit as soon as the student has accumulated 120 or more semester credit hours
toward the limit.
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 February 7, 2001.
TRD-200100827
Gary Prevost
Acting Assistant Commissioner for Administration
Texas Higher Education Coordinating Board
Proposed date of adoption: April 20, 2001
For further information, please call: (512) 427-6162
19 TAC §§13.110 - 13.116
(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 §§13.110 - 13.116 concerning financial planning for
public institutions of higher education (Formula Funding and Tuition Charged
for Excess Credit Hours of Undergraduate Students). The rules are being repealed
and new rules are being written that would simplify and streamline financial
planning procedures and that would incorporate existing standards into the
rules.
Roger W. Elliott, Assistant Commissioner for Finance, Campus Planning,
and Research, has determined that for each year of the first five years the
proposed repeal is in effect, there will be no fiscal implications to state
or local government as a result of enforcing or administering the repeal of
the rules as proposed.
Dr. Elliott has also determined that for each year of the first five years
the proposed repeal is in effect, the public benefit anticipated as a result
of administering the repeal of rules will be the continued financial accountability
of public higher education institutions. There will be no effect on state
and local government or small businesses. There is no anticipated economic
cost to the persons who are required to comply with the proposed repeal.
Comments on the proposed repeal of the rules may be submitted to Dr. Don
W. Brown, Commissioner of Higher Education, Texas Higher Education Coordinating
Board, P.O. Box 12788, Capitol Station, Austin, Texas, 78711.
The repeal of the rules is proposed under the Texas Education
Code, §§ 61.059b, 61.065, 51.005 and 51.0051 which provides the
Texas Higher Education Coordinating Board with the authority to adopt rules
concerning financial planning for public institutions of higher education
(Formula Funding and Tuition Charged for Excess Credit Hours of Undergraduate
Students).
The repeal of the rules affect the Texas Education Code, Section 51.005,
51.0051, and 61.065.
§13.110.Purpose.
§13.111.Authority.
§13.112.Definitions.
§13.113.Affected Students.
§13.114.Limitation on Formula Funding.
§13.115.Tuition Charged to Affected Students.
§13.116.Responsibilities of Institutions.
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 February 7, 2001.
TRD-200100821
Gary Prevost
Acting Assistant Commissioner for Administration
Texas Higher Education Coordinating Board
Proposed date of adoption: April 20, 2001
For further information, please call: (512) 427-6162
19 TAC §§13.120 - 13.125
The Texas Higher Education Coordinating Board proposes new §§13.120
- 13.125 concerning financial planning for public institutions of higher education
(Procedures for Certification of Adequacy of Funding). The new rules will
simplify and streamline financial planning procedures and will incorporate
existing standards into the rules. Specifically, the new rules includes minor
modifications to existing rules regarding certification of adequacy of financing
to make them consistent with current policies.
Roger W. Elliott, Assistant Commissioner for Finance, Campus Planning,
and Research, has determined that for each year of the first five years the
new rules are in effect, there will be no fiscal implications to state or
local government as a result of enforcing or administering the rules as proposed.
Dr. Elliott has also determined that for each year of the first five years
the new rules are in effect, the public benefit anticipated as a result of
administering these new rules will be the continued financial accountability
of public higher education institutions. There will be no effect on small
businesses. There is no anticipated economic costs to institutions required
to comply with the new rules as proposed. There is no impact on local employment.
Comments on the proposed new rules may be submitted to Dr. Don W. Brown,
Commissioner of Higher Education, Texas Higher Education Coordinating Board,
P.O. Box 12788, Capitol Station, Austin, Texas 78711.
The new rules are proposed under the Texas Education Code, §61.059b
which provides the Coordinating Board authority to review and revise funding
formulas; §61.065 which authorizes the Board to prescribe and update
a uniform system of reporting by institutions and to evaluate the informational
requirements of the State; and §51.005 and 51.0051 which provides the
Coordinating Board with the authority to approve the form of reports.
The new rules affect the Texas Education Code, §§51.005, 51.0051,
and 61.065.
§13.120.Purpose.
This subchapter describes the procedure by which institutions are to
certify to the Coordinating Board that they have adequate funding for proposed
new degree and certificate programs, departments, and schools.
§13.121.Authority.
These rules relate to the Texas Education Code, §61.055, which
requires that a written certification of adequate financing be made before
the Board approves any new department, school, or degree or certificate program.
§13.122.Statement on Funding.
Each request submitted to the Coordinating Board for a new department,
school, degree or certificate program or administrative change shall be accompanied
by a statement regarding the adequacy of funding from the chief executive
officer of the requesting institution.
§13.123.Identification of Sources of Funds.
Sources of funds shall be identified on forms provided by the Division
of Universities and Health-Related Institutions as:
(1)
Specific legislative appropriations, where such appropriations
can be clearly identified as being appropriated to start a new program for
which funds from other sources are not available;
(2)
Funds allocated by the Coordinating Board;
(3)
Funds appropriated by the Legislature for an existing academic
program but which are now declared by the institution to be available for
the new degree program. The program area or areas from which such funds will
be derived must be identified;
(4)
Monies transferred from the Available University Fund.
This would apply only for The University of Texas at Austin, Prairie View
A&M University, and Texas A&M University;
(5)
Anticipated formula funding generated by enrollments in
the program; and/or
(6)
Funds from other sources (e.g., gifts, grants, etc.). The
specific source of such funds shall be identified, the reasons for their availability
shall be stated, and the length of time such funds will be available shall
be indicated.
§13.124.Statement of Effect on Existing Programs.
The request for a new department, school, degree or certificate program,
or administrative change shall also include a statement by the chief executive
officer of the requesting institution certifying that the requested program
or change will not reduce the effectiveness or quality of existing programs,
departments or schools.
§13.125.Format and Transmission of Certification Statements.
(a)
The letter of certification shall be addressed to the Assistant
Commissioner for Universities and Health-Related Institutions, Texas Higher
Education Coordinating Board, P.O. Box 12788, Austin, Texas 78711.
(b)
The letter of certification shall contain the following
statements:
(1)
I hereby certify that adequate funding is available for
the (new department) (school) (degree program) (certificate program) (administrative
change) proposed in the attached request.
(2)
I further certify that the establishment of the requested
(new department) (school) (degree program) (certificate program) (administrative
change) will not reduce the effectiveness or quality of existing programs,
departments, or schools at this institution.
(c)
The letter of certification shall be signed by the chief
executive officer of the 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 February 7, 2001.
TRD-200100828
Gary Prevost
Acting Assistant Commissioner for Administration
Texas Higher Education Coordinating Board
Proposed date of adoption: April 20, 2001
For further information, please call: (512) 427-6162
19 TAC §§13.140 - 13.146
The Texas Higher Education Coordinating Board proposes new §§13.140
- 13.146 concerning financial planning for public institutions of higher education
(Procedures and Criteria for Funding of Family Practice Residency Programs).
The new rules will simplify and streamline financial planning procedures and
will incorporate existing standards into the rules.
Roger W. Elliott, Assistant Commissioner for Finance, Campus Planning,
and Research, has determined that for each year of the first five years the
new rules are in effect, there will be no fiscal implications to state or
local government as a result of enforcing or administering the rules as proposed.
Dr. Elliott has also determined that for each year of the first five years
the new rules are in effect, the public benefit anticipated as a result of
administering these new rules will be the continued financial accountability
of public higher education institutions. There will be no effect on small
businesses. There is no anticipated economic costs to institutions required
to comply with the new rules as proposed. There is no impact on local employment.
Comments on the proposed new rules may be submitted to Dr. Don W. Brown,
Commissioner of Higher Education, Texas Higher Education Coordinating Board,
P.O. Box 12788, Capitol Station, Austin, Texas 78711.
The new rules are proposed under the Texas Education Code, §61.059b
which provides the Coordinating Board authority to review and revise funding
formulas; §61.065 which authorizes the Board to prescribe and update
a uniform system of reporting by institutions and to evaluate the informational
requirements of the State; and §51.005 and 51.0051 which provides the
Coordinating Board with the authority to approve the form of reports.
The new rules affect the Texas Education Code, §§51.005, 51.0051,
and 61.065.
§13.140.Types of Grants.
Medical schools, licensed hospitals, or nonprofit corporations may
apply for a Family Practice Residency Operational Grant, a Support Grant,
a Rural Rotations Reimbursement, and a Public Health Rotation Reimbursement
Grant.
(1)
A Family Practice Residency Operational Grant is defined
as a grant to support an ongoing family practice residency program and expansions
of ongoing family practice residency programs.
(2)
A Support Grant is defined as a grant to support an ongoing
program that encourages recruitment of medical students to the specialty of
family medicine or the development of faculty for Texas family practice residency
programs.
(3)
A Rural Rotations Reimbursement Grant is defined as a grant
to reimburse Texas family practice residency programs for the costs of providing
residents with optional one-month rotations in a rural setting in Texas.
(4)
A Public Health Rotation Reimbursement Grant is defined
as a grant to reimburse Texas family practice residency programs for the costs
of providing residents with an optional one-month rotation in a public health
setting in Texas.
§13.141.Requirements for a Family Practice Residency Operational Grant.
To be considered for a Family Practice Residency Operational Grant,
a medical school, licensed hospital, or nonprofit corporation requesting an
Operational Grant must at a minimum:
(1)
Show that the program is accredited by the Accreditation
Council on Graduate Medical Education (ACGME) or the American Osteopathic
Association (AOA) as a family practice residency program;
(2)
Meet the Coordinating Board criteria and financial reporting
guidelines for a Family Practice Residency Operational Grant;
(3)
Give evidence that the program has been operational for
three or more academic years;
(4)
Give evidence of continuing local support for the program;
(5)
Document expenditures and revenue for the program to substantiate
funding needs;
(6)
Submit annual progress reports on the training program
to the Coordinating Board that demonstrate the program's efforts to recruit
residents likely to practice in underserved areas of the state and the program's
encouragement of residents to enter practice in underserved areas of the state.
§13.142.Requirements for a Support Grant.
To be considered for a Support Grant, a medical school, licensed hospital,
or nonprofit corporation must:
(1)
Conform to Coordinating Board guidelines for Family Practice
Residency Support Grant Programs;
(2)
Give evidence that the program to be funded has been operational
for two or more academic years;
(3)
Give evidence of continued need for funding;
(4)
Document expenditures and revenue to substantiate funding
needs; and
(5)
Submit annual progress reports to the Coordinating Board.
§13.143.Requirements for a Rural Rotations Reimbursement Grant.
To be reimbursed for a resident's one-month rotation through a rural
setting in Texas, a Texas family practice residency program must:
(1)
Submit documentation giving evidence that the program sponsored
a resident in a rural rotation that at the time of the rotation conformed
to Coordinating Board guidelines concerning family practice residency rural
rotations;
(2)
Document expenditures for rural rotations to substantiate
the request for reimbursement in accordance with Coordinating board guidelines;
and
(3)
Submit progress reports and financial reports on Rural
Rotations Grants to the Coordinating Board on an annual basis, to be reviewed
by the Family Practice Residency Advisory Committee.
§13.144.Requirements for a Public Health Rotation Reimbursement Grant.
To be reimbursed for a resident's one-month rotation through a public
health setting in Texas, a Texas family practice residency program must:
(1)
Submit documentation giving evidence that the program sponsored
a resident in a public health setting that, at the time of the rotation, conformed
to Coordinating Board guidelines concerning family practice residency public
health rotations; and
(2)
Document expenditures for public health rotations to substantiate
the request for reimbursement in accordance with Coordinating Board guidelines;
and
(3)
Submit progress reports and financial reports on Public
Health Rotation Grants to the Coordinating Board on an annual basis, to be
reviewed by the Family Practice Residency Advisory Committee.
§13.145.Review of Family Practice Residency Operational Grant Applications and Support Grant Applications.
Programs applying for Family Practice Operational Grants and Support
Grants shall be reviewed by the Family Practice Residency Advisory Committee
for their viability and their benefit to the state. Programs must be determined
to serve the needs of the State of Texas in improving the distribution of
health care delivery. The Committee's review shall include the following:
(1)
The ability of the program to meet the requirements set
out in this Subchapter and all program guidelines;
(2)
Existing and anticipated costs and funding for currently
funded programs and new programs requesting funding;
(3)
The program's performance in:
(A)
better distributing family physicians throughout the state;
and
(B)
helping medically underserved areas of Texas; and
(C)
encouraging residents to practice in underserved areas
of the state.
§13.146.Amount of Family Practice Operational Grants and Support Grants.
The amount of funds to be allocated for any Family Practice Residency
Operational Grant or Support Grant shall be determined by the Coordinating
Board, after receiving the recommendation of the Family Practice Residency
Advisory Committee. Grants shall be used for operating expenditures as defined
by generally acceptable accounting procedures and Coordinating Board guidelines
for the 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 February 7, 2001.
TRD-200100829
Gary Prevost
Acting Assistant Commissioner for Administration
Texas Higher Education Coordinating Board
Proposed date of adoption: April 20, 2001
For further information, please call: (512) 427-6162
19 TAC §§13.160 - 13.164
The Texas Higher Education Coordinating Board proposes new §§13.160
- 13.164 concerning financial planning for public institutions of higher education
(Procedures and Criteria for Funding Graduate Medical Education Programs).
The new rules will simplify and streamline financial planning procedures and
will incorporate existing standards into the rules.
Roger W. Elliott, Assistant Commissioner for Finance, Campus Planning,
and Research, has determined that for each year of the first five years the
new rules are in effect, there will be no fiscal implications to state or
local government as a result of enforcing or administering the rules as proposed.
Dr. Elliott has also determined that for each year of the first five years
the new rules are in effect, the public benefit anticipated as a result of
administering these new rules will be the continued financial accountability
of public higher education institutions. There will be no effect on small
businesses. There is no anticipated economic costs to institutions required
to comply with the new rules as proposed. There is no impact on local employment.
Comments on the proposed new rules may be submitted to Dr. Don W. Brown,
Commissioner of Higher Education, Texas Higher Education Coordinating Board,
P.O. Box 12788, Capitol Station, Austin, Texas 78711.
The new rules are proposed under the Texas Education Code, §61.059b
which provides the Coordinating Board authority to review and revise funding
formulas; §61.065 which authorizes the Board to prescribe and update
a uniform system of reporting by institutions and to evaluate the informational
requirements of the State; and §51.005 and 51.0051 which provides the
Coordinating Board with the authority to approve the form of reports.
The new rules affect the Texas Education Code, §§51.005, 51.0051,
and 61.065.
§13.160.Purpose.
The board shall administer a program to support graduate medical education
programs, consistent with the needs of the state for graduate medical education
and the training of resident physicians. Funds allocated under this provision
are to be provided for the training of resident physicians in accredited residency
training programs in appropriate fields and specialties, including primary
care. The provisions in this subsection are implemented to provide state funds
to graduate medical education programs which incur the cost of resident instruction.
§13.161.Grants or Formula Distributions.
The board may make grants or formula distributions to:
(1)
support appropriate graduate medical education programs
and activities for which adequate funds are not otherwise available; or
(2)
foster new or expanded graduate medical education programs
or activities that the board determines will address the state's needs for
graduate medical education.
§13.162.Eligibility.
To receive a Graduate Medical Education grant or formula distribution,
an institution or other entity must incur the costs of faculty supervision
and education or the stipend costs of resident physicians in accredited clinical
residency training programs in this state. The board will consider the costs
incurred by medical schools or other entities to support faculty responsible
for the education or supervision of resident physicians. Entities eligible
to receive funds under this section include the state's eight medical schools,
licensed teaching hospitals, or non-profit corporations operating a nationally
accredited allopathic or osteopathic residency program. Entities seeking funding
under this provision must at a minimum annually:
(1)
Provide evidence that the residency program is accredited
by the Accreditation Council on Graduate Medical Education (ACGME) or the
American Osteopathic Association (AOA);
(2)
Meet the criteria and financial reporting guidelines for
a Graduate Medical Education grant or formula distribution as determined by
the Advisory Committee; and
(3)
Provide evidence that the residency program intends to
provide continuing operational financial support.
§13.163.Award of Funds.
From funds appropriated for the Graduate Medical Education program,
the comptroller of public accounts shall be requested to issue warrants to
each institution or other entity determined by the board as eligible to receive
a grant or formula distribution from the program in the amount certified by
the board. An amount granted to an institution or other entity under this
program may be used only to cover expenses related to the education of residents
of the particular program or activity for which the award is made in accordance
with any conditions imposed by the board and may not otherwise be expended
for the general support of the institution or entity.
§13.164.Advisory Committee.
The board shall appoint an advisory committee to advise the board regarding
the development and administration of the program, including considering requests
for program grants and establishing formulas for distribution of money under
the program. Membership of the Advisory Committee is prescribed in the enabling
legislation. The Advisory Committee shall:
(1)
Review applications for funding of graduate medical education
programs and make recommendations for approval or disapproval of those applications;
(2)
Make recommendations relating to the standards and criteria
used for consideration and approval of grants or for the development of formulas
for distribution of funding;
(3)
Recommend to the board an allocation of funds among medical
schools, licensed hospitals or non-profit corporations that may receive funds
under this section; and
(4)
Perform other duties as assigned 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 February 7, 2001.
TRD-200100830
Gary Prevost
Acting Assistant Commissioner for Administration
Texas Higher Education Coordinating Board
Proposed date of adoption: April 20, 2001
For further information, please call: (512) 427-6162
Subchapter A. GENERAL PROVISIONS
19 TAC §§17.1 - 17.7
The Texas Higher Education Coordinating Board proposes new §§17.1
- 17.7 concerning Campus Planning (General Provisions). Existing Board rules
concerning campus planning procedures were developed over a number of years
with numerous amendments. The principal change in the proposed new rules is
to restructure the existing rules to increase readability. A change is proposed
to clarify rules regarding re-approval of projects eligible for Commissioner
approval. New rules are proposed to establish standards for construction projects,
processes for updating space projection models used by the Board, eminent
domain, and reporting requirements. These new rules document existing practices.
Roger W. Elliott, Assistant Commissioner for Finance, Campus Planning,
and Research, has determined that for each year of the first five years the
new rules are in effect, there will be no fiscal implications to state or
local government as a result of enforcing or administering the new rules as
proposed.
Dr. Elliott has also determined that for each year of the first five years
the new rules are in effect, the public benefit anticipated as a result of
administering the new rules will be more efficient Board meetings and an improved
understanding of Board operations related to Campus Planning activities. There
will be no effect on small businesses. There is no anticipated economic costs
to institutions required to comply with the new rules as proposed. There is
no impact on local employment.
Comments on the new rules may be submitted to Dr. Don W. Brown, Commissioner
of Higher Education, Texas Higher Education Coordinating Board, P. O. Box
12788, Austin, Texas 78711.
The new rules are proposed under Texas Education Code, §61.027,
which provides the Texas Higher Education Coordinating Board the authority
to adopt rules, and Texas Education Code, §61.0572 and §61.058,
which provides the Board the authority to establish and enforce standards
to assure efficient use of construction funds and the orderly development
of physical plants.
The new rules affect the Texas Education Code, §61.0579 and §61.058
§17.1.Authority, Scope, and Purpose.
(a)
Authority. Authority for this chapter is provided in the
Texas Education Code, Chapter 61, Subchapter C, Powers and Duties of the Texas
Higher Education Coordinating Board. These rules establish and enforce standards
to assure efficient use of construction funds and the orderly development
of physical plants to accommodate projected college student enrollments, as
prescribed in §§61.0572 and 61.058.
(b)
Scope. Unless otherwise noted, this chapter applies to
all Texas public institutions of higher education as defined in Texas Education
Code §61.058, except community colleges.
(c)
Purpose. This chapter provides guidance to the public and
to public institutions of higher education related to procedures of the Texas
Higher Education Coordinating Board for: approval or disapproval of construction
projects, property acquisitions, or lease arrangements regardless of proposed
use; assuring maximum use of facilities; and developing standards and policies
for management of physical plants designed to streamline operations and improve
accountability.
§17.2. Definitions.
The following words and terms shall have the following meanings, unless
the context clearly indicates otherwise.
(1)
Auxiliary enterprise buildings or facilities -- Income
generating structures such as dormitories, cafeterias, student union buildings,
stadiums, and alumni centers used solely for those purposes.
(2)
Board or Coordinating Board -- The Texas Higher Education
Coordinating Board members and the agency.
(3)
Campus Planning Committee -- The members of the Board appointed
to oversee facility-related issues.
(4)
Commissioner -- The chief executive officer of the Texas
Higher Education Coordinating Board.
(5)
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.
(6)
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 preformed
because of perceived lower priority status than those funded within the budget.
(7)
Educational and general (E&G) buildings and facilities
-- Buildings and facilities associated with teaching, research, or the preservation
of knowledge, including the proportional share used for those activities in
any building of facility used jointly with auxiliary enterprise, or space
that is permanently unassigned.
(8)
Facilities inventory -- A collection of building and room
records that reflects the type of space and how it is being used. The records
contain codes that are uniformly defined by the Coordinating Board and the
United States Department of Education and reported by the institutions on
an on-going basis to reflect a current facilities inventory.
(9)
Gross square feet (GSF) -- The sum of all square feet of
floor areas within the outside faces of a building's exterior walls.
(10)
Major repair and rehabilitation (R&R) -- Construction
upgrades to an existing building, facility, or infrastructure that currently
exist on campus. R&R does not add space to a building or facility's overall
gross square footage.
(11)
Net assignable square feet (NASF) -- The amount of space
that can be used for programs within interior walls of a room. Major room
use categories are: classrooms, laboratories, offices, study areas, general
use areas, support rooms, health care, residential, and unclassified space
(stairways, hallways, corridors). NASF includes auxiliary space and E&G
space.
(12)
New construction -- 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
physical plant.
(13)
Tuition revenue bond projects -- A project for which an
institution has legislative authority to pledge tuition income to finance
a construction or land acquisition project.
§17.3. Governing Board Approval Required.
The Coordinating Board shall not consider for review any construction
project, real property acquisition, or leased space that shall be added to
an institution's facilities inventory if it has not been approved by the appropriate
board of regents.
§17.4.Delegation of Authority.
(a)
The following types of projects are exempt from Coordinating
Board approval:
(1)
New construction projects costing less than $1 million;
(2)
Major R&R projects costing less than $2 million;
(3)
Projects at The University of Texas at Austin, Texas A&M
University, and Prairie View A&M University financed more than 50% with
Permanent University Fund bond proceeds or Available University Fund funds;
(4)
Construction, repair, or rehabilitation of privately owned
buildings and facilities on land leased from an institution if the construction,
repair, or rehabilitation is financed entirely from funds not under the control
of the institution, and further that:
(5)
Gifts, grants, or lease-purchase arrangements intended
for clinical or research facilities.
(b)
The Board authorizes the Commissioner to review and approve
the following types of projects on certification by the proposing institution's
governing board that Board-approved criteria are met:
(1)
Previously approved projects if:
(A)
the total cost of a project exceeds cost estimates by more
than 10%, or
(B)
gross square footage is changed by more than 10%, or
(C)
contracts on the project have not been let within eighteen
months from its final approval date, or
(D)
an award in eminent domain if the award amount exceeds
cost estimates by more than 10%.
(E)
any change in the funding source of an approved project.
(2)
Auxiliary enterprise projects being acquired, constructed,
or renovated without the use of state general revenue funds and with a total
projected cost of less than $10 million;
(3)
Major R&R of existing E&G buildings or facilities
that will not add E&G space with a total projected cost of less than $5
million; and
(4)
Gifts, purchase or acquisition of real property having
a value of less than $300,000; and
(5)
Construction of new E&G space having a value of less
than $1 million; and
(6)
Projects funded more than 50% with tuition revenue bond
proceeds. For these projects the criteria includes:
(A)
Board standards regarding space need are met.
(B)
Board standards regarding construction cost and efficiency
are met.
(C)
Board standards regarding deferred maintenance are met,
or the project will reduce campus-deferred maintenance by an amount equal
to no less than 50% of the project cost.
(D)
If the project does not meet Board standards, the Board
shall notify the governor, lieutenant governor, the speaker of the House of
Representatives, and the Legislative Budget Board.
(7)
If the project financing involves private gift and grant
funds, these funds are either in-hand or the governing board has committed
an alternative source of funds, should the primary source of funds not be
forthcoming, or has agreed to forego the project.
(8)
If the project will cause an increase in student fees,
such increases have been executed in accordance with the applicable laws concerning
approval by the student body.
(9)
If the project involves construction of a dormitory, bookstore,
food service facility, or other facility for which privatization may be a
viable alternative, the governing board has considered the feasibility of
privatization of both construction and operation of the facility.
(10)
The project shall comply with the minimum flood plain
management standards established by the Texas Natural Resources Conservation
Commission and the Federal Emergency Management Administration (FEMA).
(11)
If the project includes the acquisition of real property,
appropriate consideration has been given to the effect of the acquisition
on residential neighborhoods.
(12)
If the project includes the acquisition of real property,
the acquisition shall be included in the institution's long-range campus master
plan.
(13)
The project is included in the institution's most recently
submitted Campus Master Plan (MP1 report) or is an opportunity or emergency
that could not have been foreseen.
(c)
The Coordinating Board authorizes the Campus Planning Committee
to approve the following types of projects:
(1)
Gifts, purchase or acquisition of real property having
a value of $300,000 to $5 million;
(2)
Construction of new E&G space having a value of $1
million to $5 million;
(3)
Major R&R of existing E&G buildings or facilities
that will not add E&G space with a project cost of $5 million or more;
and
(4)
Auxiliary enterprise projects costing between $10 million
and $20 million.
(d)
In making their decisions, the Commissioner and the Campus
Planning Committee shall be guided by their judgment as to whether or not
the full Board would approve the project, were it being brought to the Board.
(e)
The Commissioner may refer projects to the Campus Planning
Committee or the Board. The Campus Planning Committee may refer projects to
the Board.
(f)
Decisions of the Campus Planning Committee are final. Decisions
of the Commissioner may be appealed to the Board.
(g)
The following types of projects shall be approved by the
Board:
(1)
Gifts, purchase or acquisition of real property having
a value over $5 million;
(2)
Construction of new E&G space having a value over $5
million;
(3)
Auxiliary enterprise projects costing more than $20 million.
(4)
Any project referred to the Board by the Campus Planning
Committee or the Commissioner.
§17.5.Application Procedures.
(a)
Institutions desiring approval of construction projects
or property acquisitions shall apply on forms specified by the Board.
(b)
Project submission schedule:
(1)
Projects to be considered by the Commissioner may be submitted
at any time.
(2)
Projects to be considered by the Campus Planning Committee
or the Board shall be submitted at least 60 days prior to the regularly scheduled
Board meeting at which consideration is desired.
§17.6.Coordinating Board Standards.
The following basic standards shall apply to all projects considered
by the Board, Campus Planning Committee, or the Commissioner.
(1)
Space Need -- The project shall not create a campus space
surplus, as determined by the Coordinating Board's space projection models
(§17.42 of this title relating to Space Projection Models).
(2)
Cost -- The construction building cost per gross square
foot is lower than the maximum estimated cost per gross square foot found
in R. S. Means Facilities Construction Costs and lower than the CPI-adjusted
construction cost per gross square foot of 75% of similar campus buildings
approved by the Coordinating Board and constructed in the past five years.
The proposed purchase price of real property acquisitions should not exceed
the highest appraised amount.
(3)
Efficiency -- The ratio of NASF to GSF in a building or
facility is 0.60 or greater.
(4)
Deferred Maintenance -- The ratio of campus-deferred maintenance
costs to replacement cost is 0.05 or less.
(5)
Critical Deferred Maintenance -- There shall be a plan
in place to address any critical deferred maintenance reported on the master
plan.
§17.7. Intercollegiate Athletic Funded Projects.
The following shall apply to Board consideration of projects that support
intercollegiate athletics at Texas public universities. It does not apply
to projects exempt from Board approval (§§17.1 and 17.4 of this
title relating to General Provisions).
(1)
Where a facility is used for both intercollegiate athletics
and educational and general purposes, the cost of the facility should be appropriately
prorated.
(2)
This policy limits the use of student fees for financing
construction projects that support intercollegiate athletics to no more than
50% of the total project cost at Texas institutions that participate in the
Bowl Championship Series and to 75% of the total project cost at other universities.
(3)
For institutions participating in the NCAA Football Bowl
Championship Series, Board approval of projects supporting intercollegiate
athletics shall normally be conditional upon a finding that no more than 50%
of the financing is derived, directly or indirectly from students.
(4)
For institutions not participating in the NCAA Football
Bowl Championship Series, Board approval of projects supporting intercollegiate
athletics shall normally be conditional upon a finding that no more than 75
% of the financing is derived, directly or indirectly, from students.
(5)
The Board may waive any of the above conditions, should
it determine that it is in the best interest of the affected institution and
the State to do so.
(6)
In making its findings, the Board may consider the total
allocation of revenue supporting intercollegiate athletics.
(7)
Definitions. The following words and terms shall have the
following meaning, unless the context clearly indicates otherwise.
(A)
Intercollegiate athletic facilities -- Any facility for
the purpose of supporting intercollegiate athletics, including stadiums, arenas,
multi-purpose centers, playing fields, locker rooms, coaches' office, etc.
(B)
Financing directly derived from students -- Funds resulting
from the collection of fees or other charges to students, such as designated
tuition, student activities fees, housing revenue, bookstore or student union
revenue, etc. Bond proceeds for which one or more of these sources provides
debt service shall also be considered financing directly derived from students.
(C)
Financing indirectly derived from students -- Funds generated
from funds accumulated from students, primarily interest on funds accumulated
directly from students.
(D)
Non-student sources -- Funds generated from athletic department
operations, gifts and grants, facility usage fees, related revenue, and appropriated
funds.
(E)
NCAA Football Bowl Championship Series -- A program of
the NCAA under which certain NCAA Division I-A football universities share
proceeds of college bowl games.
This agency hereby certifies that the 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 February 7, 2001.
TRD-200100796
Gary Prevost
Acting Assistant Commissioner for Administration
Texas Higher Education Coordinating Board
Proposed date of adoption: April 20, 2001
For further information, please call: (512) 427-6162
19 TAC §§17.21 - 17.27, 17.31, 17.33
(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 §§17.21-17.27, 17.31, 17.33, concerning Campus Planning
(Criteria for Approval of New Construction and Major Repair and Rehabilitation).
Existing Board rules concerning campus planning procedures were developed
over a number of years with numerous amendments. The rules are being repealed
to restructure the existing rules to increase readability.
Roger W. Elliott, Assistant Commissioner for Finance, Campus Planning,
and Research, has determined that for each year of the first five years the
proposed repeal is in effect, there will be no fiscal implications to state
or local government as a result of enforcing or administering the rules as
proposed.
Dr. Elliott has also determined that for each year of the first five years
the proposed repeal is in effect, the public benefit anticipated as a result
of administering the repeal of the rules will be more efficient Board meetings
and an improved understanding of Board operations related to Campus Planning
activities. There will be no effect on small businesses. There is no anticipated
economic costs to institutions required to comply with the proposed repeal.
There is no impact on local employment.
Comments on the proposed repeal of the rules may be submitted to Dr. Don
W. Brown, Commissioner of Higher Education, Texas Higher Education Coordinating
Board, P. O. Box 12788, Austin, Texas 78711.
The repeals are proposed under Texas Education Code, Section
61.027, which provides the Texas Higher Education Coordinating Board the authority
to adopt rules, and Texas Education Code, Sections 61.0572 and 61.058, which
provides the Board the authority to establish and enforce standards to assure
efficient use of construction funds and the orderly development of physical
plants.
The repeal of the rules affect the Texas Education Code, Sections 61.0579
and 61.058.
§17.21.Object.
§17.22.Scope of Coordinating Board Review.
§17.23.Campus Master Plans.
§17.24.New Construction.
§17.25.Major Repair and Rehabilitation.
§17.26.Limitations (Public Junior Colleges).
§17.27.Legislative Limitations.
§17.31.Contracting for Advice on Costs and Construction.
§17.33.Provisions for Review of Projects Previously Approved.
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 February 7, 2001.
TRD-200100792
Gary Prevost
Acting Assistant Commissioner for Administration
Texas Higher Education Coordinating Board
Proposed date of adoption: April 20, 2001
For further information, please call: (512) 427-6162
19 TAC §17.10, §17.11
The Texas Higher Education Coordinating Board proposes new §17.10
and §17.11 concerning Campus Planning (New Construction and Repair and
Rehabilitation Projects). Existing Board rules concerning campus planning
procedures were developed over a number of years with numerous amendments.
The principal change in the proposed new rules is to restructure the existing
rules to increase readability. A change is proposed to clarify rules regarding
re-approval of projects eligible for Commissioner approval. New rules are
proposed to establish standards for construction projects, processes for updating
space projection models used by the Board, eminent domain, and reporting requirements.
These new rules document existing practices.
Roger W. Elliott, Assistant Commissioner for Finance, Campus Planning,
and Research, has determined that for each year of the first five years the
new rules are in effect, there will be no fiscal implications to state or
local government as a result of enforcing or administering the new rules as
proposed.
Dr. Elliott has also determined that for each year of the first five years
the new rules are in effect, the public benefit anticipated as a result of
administering the new rules will be more efficient Board meetings and an improved
understanding of Board operations related to Campus Planning activities. There
will be no effect on small businesses. There is no anticipated economic costs
to institutions required to comply with the new rules as proposed. There is
no impact on local employment.
Comments on the new rules may be submitted to Dr. Don W. Brown, Commissioner
of Higher Education, Texas Higher Education Coordinating Board, P. O. Box
12788, Austin, Texas 78711.
The new rules are proposed under Texas Education Code, §61.027,
which provides the Texas Higher Education Coordinating Board the authority
to adopt rules, and Texas Education Code, §61.0572 and §61.058,
which provides the Board the authority to establish and enforce standards
to assure efficient use of construction funds and the orderly development
of physical plants.
The new rules affect the Texas Education Code, §61.0579 and §61.058
§17.10. Evaluation Considerations.
(a)
Subject to the provisions of §§17.1 and 17.4
of this title (relating to General Provisions), the Board shall approve or
disapprove all new construction and repair and rehabilitation of all buildings
and facilities at institutions of higher education financed from any source.
(b)
The Board's consideration and determination shall be limited
to the purpose for which the new or remodeling buildings are to be used to
assure conformity with approved space utilization standards and the institution's
approved programs and role and mission if the cost of the project is not more
than $2,000,000.
(c)
The Board shall consider the purpose for which the new
or remodeled buildings are to be used and cost factors and the financial implications
of the project to the state if the total cost is in excess of $2,000,000.
(d)
The Board shall consider the extent to which each of the
standards in §17.6 of this title (relating to Coordinating Board Standards)
is met.
(e)
The Board shall ascertain that standards and specifications
for new construction, repair and rehabilitation of all buildings and facilities
are in accordance with Article 9102, Revised Statutes.
§17.11.Time Limit on Approval.
Approvals for construction projects are valid for 18 months after project
approval. If a contract to complete the work is not fully executed within
18 months, the project must 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 February 7, 2001.
TRD-200100797
Gary Prevost
Acting Assistant Commissioner for Administration
Texas Higher Education Coordinating Board
Proposed date of adoption: April 20, 2001
For further information, please call: (512) 427-6162
19 TAC §§17.41 - 17.46
(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 §§17.41-17.46 concerning Campus Planning (Application
for Approval of New Construction and Major Repair and Rehabilitation). Existing
Board rules concerning campus planning procedures were developed over a number
of years with numerous amendments. The rules are being repealed to restructure
the existing rules to increase readability.
Roger W. Elliott, Assistant Commissioner for Finance, Campus Planning,
and Research, has determined that for each year of the first five years the
proposed repeal is in effect, there will be no fiscal implications to state
or local government as a result of enforcing or administering the rules as
proposed.
Dr. Elliott has also determined that for each year of the first five years
the proposed repeal is in effect, the public benefit anticipated as a result
of administering the repeal of the rules will be more efficient Board meetings
and an improved understanding of Board operations related to Campus Planning
activities. There will be no effect on small businesses. There is no anticipated
economic costs to institutions required to comply with the proposed repeal.
There is no impact on local employment.
Comments on the proposed repeal of the rules may be submitted to Dr. Don
W. Brown, Commissioner of Higher Education, Texas Higher Education Coordinating
Board, P. O. Box 12788, Austin, Texas 78711.
The repeals are proposed under Texas Education Code, Section
61.027, which provides the Texas Higher Education Coordinating Board the authority
to adopt rules, and Texas Education Code, Sections 61.0572 and 61.058, which
provides the Board the authority to establish and enforce standards to assure
efficient use of construction funds and the orderly development of physical
plants.
The repeal of the rules affect the Texas Education Code, Sections 61.0579
and 61.058.
§17.41.Object.
§17.42.Application for Project Approval.
§17.43.Compliance with Statutory Building Requirements for Elimination of Architectural Barriers to Persons with Disabilities.
§17.44.Information Required.
§17.45.Energy Conservation Projects.
§17.46.Special Approval Procedure.
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 February 7, 2001.
TRD-200100793
Gary Prevost
Acting Assistant Commissioner for Administration
Texas Higher Education Coordinating Board
Proposed date of adoption: April 20, 2001
For further information, please call: (512) 427-6162
19 TAC §§17.20 - 17.24
The Texas Higher Education Coordinating Board proposes new §§17.20
- 17.24 concerning Campus Planning (Real Property Acquisition Projects). Existing
Board rules concerning campus planning procedures were developed over a number
of years with numerous amendments. The principal change in the proposed new
rules is to restructure the existing rules to increase readability. A change
is proposed to clarify rules regarding re-approval of projects eligible for
Commissioner approval. New rules are proposed to establish standards for construction
projects, processes for updating space projection models used by the Board,
eminent domain, and reporting requirements. These new rules document existing
practices.
Roger W. Elliott, Assistant Commissioner for Finance, Campus Planning,
and Research, has determined that for each year of the first five years the
new rules are in effect, there will be no fiscal implications to state or
local government as a result of enforcing or administering the new rules as
proposed.
Dr. Elliott has also determined that for each year of the first five years
the new rules are in effect, the public benefit anticipated as a result of
administering the new rules will be more efficient Board meetings and an improved
understanding of Board operations related to Campus Planning activities. There
will be no effect on small businesses. There is no anticipated economic costs
to institutions required to comply with the new rules as proposed. There is
no impact on local employment.
Comments on the new rules may be submitted to Dr. Don W. Brown, Commissioner
of Higher Education, Texas Higher Education Coordinating Board, P. O. Box
12788, Austin, Texas 78711.
The new rules are proposed under Texas Education Code, §61.027,
which provides the Texas Higher Education Coordinating Board the authority
to adopt rules, and Texas Education Code, §§61.0572 and 61.058,
which provides the Board the authority to establish and enforce standards
to assure efficient use of construction funds and the orderly development
of physical plants.
The new rules affect the Texas Education Code, §§61.0579 and
61.058
§17.20.Additional Application Materials Required.
(a)
Real Property Costing $50,000 or Less. For any real property
acquisition costing $50,000 or less, the institution shall describe briefly
how it is certain that fair value will be paid for the property. The institution
may submit appraisals for this purpose.
(b)
Real Property Costing $50,000 or More. For any acquisition
of real property whose cost exceeds $50,000, the institution shall comply
with the following procedure:
(1)
On real property proposed to be acquired, the institution
shall submit to the Board two appraisal reports issued by appraisers, at least
one of which meets one of the following requirements:
(A)
Is a member of the American Institute of Real Estate Appraisers
(designated M.A.I., or R.M.);
(B)
Is a senior member of the Society of Real Estate Appraisers
(S.R.E.A. and S.R.A.);
(C)
Is a senior member of the American Society of Appraisers
with the professional designation in real estate; or
(D)
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.).
(2)
The most recent appraisal of the local property tax appraisal
district may be used for one of these reports.
(3)
If desired by the institution, appraisal figures shall
be held in confidence and not released publicly. The requiring of appraisals
in no way requires 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.
§17.21.Emergency Requests.
For requests of an emergency nature, Coordinating Board consideration
of requests for real property acquisitions may be delegated to the Commissioner
or the Campus Planning Committee. The Commissioner or the Campus Planning
Committee may act upon such requests between scheduled meetings of the Board
or choose to refer it to the Board at its next regularly scheduled meeting.
§17.22.Time Limit on Approval.
Approvals to purchase real property are valid for two years from the
date of approval. Property acquisitions not completed in that time must be
resubmitted.
§17.23.Property Acquisitions not Approved.
Under Texas Education Code, §61.0572, the Coordinating Board is
directed to endorse or delay until the next succeeding session of the legislature
has the opportunity to approve or disapprove, the proposed purchase of any
real property by an institution of higher education, except a public junior
college.
§17.24.Eminent Domain.
Coordinating Board approval of acquisitions in which eminent domain
may be necessary shall be obtained prior to the commencement of eminent domain
proceedings. The institution shall provide to the Coordinating Board evidence
of efforts made to reach an agreement with the property's owner and an estimate
of the projected legal costs associated with the eminent domain proceeding.
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 February 7, 2001.
TRD-200100798
Gary Prevost
Acting Assistant Commissioner for Administration
Texas Higher Education Coordinating Board
Proposed date of adoption: April 20, 2001
For further information, please call: (512) 427-6162
19 TAC §§17.61 - 17.68
(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 §§17.61-17.68 concerning Campus Planning (Requesting
Coordinating Board Endorsement of Real Property Acquisitions). Existing Board
rules concerning campus planning procedures were developed over a number of
years with numerous amendments. The rules are being repealed to restructure
the existing rules to increase readability.
Roger W. Elliott, Assistant Commissioner for Finance, Campus Planning,
and Research, has determined that for each year of the first five years the
proposed repeal is in effect, there will be no fiscal implications to state
or local government as a result of enforcing or administering the rules as
proposed.
Dr. Elliott has also determined that for each year of the first five years
the proposed repeal is in effect, the public benefit anticipated as a result
of administering the repeal of the rules will be more efficient Board meetings
and an improved understanding of Board operations related to Campus Planning
activities. There will be no effect on small businesses. There is no anticipated
economic costs to institutions required to comply with the proposed repeal.
There is no impact on local employment.
Comments on the proposed repeal of the rules may be submitted to Dr. Don
W. Brown, Commissioner of Higher Education, Texas Higher Education Coordinating
Board, P. O. Box 12788, Austin, Texas 78711.
The repeals are proposed under Texas Education Code, Section
61.027, which provides the Texas Higher Education Coordinating Board the authority
to adopt rules, and Texas Education Code, Sections 61.0572 and 61.058, which
provides the Board the authority to establish and enforce standards to assure
efficient use of construction funds and the orderly development of physical
plants.
The repeal of the rules affect the Texas Education Code, Sections 61.0579
and 61.058.
§17.61.Purpose.
§17.62.Real Property Costing $50,000 or Less.
§17.63.Real Property Costing $50,000 or More.
§17.64.Application Form.
§17.65.Procedure for Endorsement of Real Property Acquisition.
§17.66.Real Property Acquired by Gifts or Lease-Purchase.
§17.67.Time Limitation for Endorsement of Land Acquisition.
§17.68.Leased or Rented Real Property.
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 February 7, 2001.
TRD-200100794
Gary Prevost
Acting Assistant Commissioner for Administration
Texas Higher Education Coordinating Board
Proposed date of adoption: April 20, 2001
For further information, please call: (512) 427-6162
19 TAC §17.30, §17.31
The Texas Higher Education Coordinating Board proposes new §§17.30
and 17.31 concerning Campus Planning (Leased Space). Existing Board rules
concerning campus planning procedures were developed over a number of years
with numerous amendments. The principal change in the proposed new rules is
to restructure the existing rules to increase readability. A change is proposed
to clarify rules regarding re-approval of projects eligible for Commissioner
approval. New rules are proposed to establish standards for construction projects,
processes for updating space projection models used by the Board, eminent
domain, and reporting requirements. These new rules document existing practices.
Roger W. Elliott, Assistant Commissioner for Finance, Campus Planning,
and Research, has determined that for each year of the first five years the
new rules are in effect, there will be no fiscal implications to state or
local government as a result of enforcing or administering the new rules as
proposed.
Dr. Elliott has also determined that for each year of the first five years
the new rules are in effect, the public benefit anticipated as a result of
administering the new rules will be more efficient Board meetings and an improved
understanding of Board operations related to Campus Planning activities. There
will be no effect on small businesses. There is no anticipated economic costs
to institutions required to comply with the new rules as proposed. There is
no impact on local employment.
Comments on the new rules may be submitted to Dr. Don W. Brown, Commissioner
of Higher Education, Texas Higher Education Coordinating Board, P. O. Box
12788, Austin, Texas 78711.
The new rules are proposed under Texas Education Code, §61.027,
which provides the Texas Higher Education Coordinating Board the authority
to adopt rules, and Texas Education Code, §§61.0572 and 61.058,
which provides the Board the authority to establish and enforce standards
to assure efficient use of construction funds and the orderly development
of physical plants.
The new rules affect the Texas Education Code, §§61.0579 and
61.058
§17.30.Limitations.
The Board shall review and approve as an addition to an institution's
E&G buildings and facilities inventory any improved real property acquired
by gifts or lease-purchase if:
(1)
the institution requests to place the improved real property
on its E&G buildings and facilities inventory; and
(2)
if the value of the improved real property is more than
$300,000 at the time the institution requests the property to be added to
the E&G buildings and facilities inventory.
§17.31.Evaluation Considerations.
The Board shall ascertain that provisions of Chapter 17, Subchapters
A through C are followed in regards to lease space acquired by an 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 February 7, 2001.
TRD-200100799
Gary Prevost
Acting Assistant Commissioner for Administration
Texas Higher Education Coordinating Board
Proposed date of adoption: April 20, 2001
For further information, please call: (512) 427-6162
Chapter 13.
FINANCIAL PLANNING
Subchapter A. DEFINITIONS
Subchapter B. FORMULA FUNDING
Subchapter B. PROCEDURES FOR CERTIFICATION OF ADEQUACY OF FUNDING
Subchapter C. BUDGETS
Subchapter C. APPROVAL OF TUITION REVENUE BONDS AND PLEDGE
Subchapter D. FINANCIAL REPORTING
Subchapter D. PROCEDURES AND CRITERIA FOR FUNDING OF FAMILY PRACTICE RESIDENCY PROGRAMS
Subchapter E. TUITION REBATES FOR CERTAIN UNDERGRADUATES
Subchapter E. PROCEDURES AND CRITERIA FOR FUNDING GRADUATE MEDICAL EDUCATION PROGRAMS
Subchapter F. TUITION REBATES FOR CERTAIN UNDERGRADUATES
Subchapter F. FORMULA FUNDING AND TUITION CHARGED FOR EXCESS CREDIT HOURS OF UNDERGRADUATE STUDENTS
Subchapter G. FORMULA FUNDING AND TUITION CHARGED FOR EXCESS CREDIT HOURS OF UNDERGRADUATE STUDENTS
Subchapter G. PROCEDURES FOR CERTIFICATION OF ADEQUACY OF FUNDING
Subchapter H. PROCEDURES AND CRITERIA FOR FUNDING OF FAMILY PRACTICE RESIDENCY PROGRAMS
Subchapter I. PROCEDURES AND CRITERIA FOR FUNDING GRADUATE MEDICAL EDUCATION PROGRAMS
Chapter 17.
CAMPUS PLANNING
Subchapter A. CRITERIA FOR APPROVAL OF NEW CONSTRUCTION AND MAJOR REPAIR AND REHABILITATION
Subchapter B. NEW CONSTRUCTION AND REPAIR AND REHABILITATION PROJECTS
Subchapter B. APPLICATION FOR APPROVAL OF NEW CONSTRUCTION AND MAJOR REPAIR AND REHABILITATION
Subchapter C. REAL PROPERTY ACQUISITION PROJECTS
Subchapter C. REQUESTING COORDINATING BOARD ENDORSEMENT OF REAL PROPERTY ACQUISITIONS
Subchapter D. LEASED SPACE
Subchapter D. AUDITS OF EDUCATIONAL AND GENERAL FACILITIES