19 TAC §109.41
The Texas Education Agency (TEA) proposes an amendment to §109.41,
concerning the "Financial Accountability System Resource Guide." The section
adopts by reference the "Financial Accountability System Resource Guide" as
the TEA's official rule. The "Resource Guide" describes rules for financial
accounting such as financial reporting, budgeting, purchasing, auditing, site-based
decision making, data collection and reporting, and management. Public school
districts use the "Resource Guide" to meet the accounting, auditing, budgeting,
and reporting requirements as set forth in the Texas Education Code (TEC)
and other state statutes relating to public school finance. The "Resource
Guide" is available at http://www.tea.state.tx.us/school.finance/ on the TEA
website.
The proposed amendment to §109.41 changes the date from "December
2001" to "September 2002" to reflect the effective date of proposed amendments
to the "Resource Guide." Under §109.41(b), the commissioner of education
shall amend the "Resource Guide," adopting it by reference, as needed. The
proposed amendments to the "Resource Guide" include changes to auditing, financial
accounting, and reporting guidelines due to changes required by General Accounting
Standards Board 34; changes to fund codes for state and federally funded projects
as a result of the No Child Left Behind Act; and other minor edits.
Thomas D. Canby, Jr., managing director for school financial audits, has
determined that for the first five-year period the amendment is in effect
there will be no fiscal implications for state or local government as a result
of enforcing or administering the amendment.
Mr. Canby has determined that for each year of the first five years the
amendment is in effect the public benefit anticipated as a result of enforcing
the amendment will be improving financial accountability for educational programs
in the Texas school system and keeping financial management practices current
with changes in state law and federal rules and regulations. There will not
be an effect on small businesses. There is no anticipated economic cost to
persons who are required to comply with the amendment as proposed.
Comments on the proposal may be submitted to Cristina De La Fuente-Valadez,
Accountability Reporting and Research, 1701 North Congress Avenue, Austin,
Texas 78701, (512) 463-9701. Comments may also be submitted electronically
to
rules@tea.state.tx.us
or faxed to (512)
475-3499. All requests for a public hearing on the proposed amendment submitted
under the Administrative Procedure Act must be received by the commissioner
of education not more than 15 calendar days after notice of a proposed change
in the section has been published in the
Texas Register
.
The amendment is proposed under the Texas Education Code, §§7.055,
44.001, 44.007, and 44.008, which authorizes the commissioner of education
to establish advisory guidelines relating to fiscal management of a school
district and the State Board of Education to establish a standard school fiscal
accounting system in conformity with generally accepted accounting principles.
The proposed amendment implements the Texas Education Code, §§7.055,
44.001, 44.007, and 44.008.
§109.41.Financial Accountability System Resource Guide.
(a)
The rules for financial accounting are described in the
official Texas Education Agency publication, Financial Accountability System
Resource Guide, as amended
September 2002
[
December 2001
],
which is adopted by this reference as the agency's official rule. A copy is
available for examination during regular office hours, 8:00 a.m. to 5:00 p.m.,
except holidays, Saturdays, and Sundays, at the Texas Education Agency, 1701
North Congress Avenue, Austin, Texas 78701.
(b)
The commissioner of education shall amend the Financial
Accountability System Resource Guide and this section adopting it by reference,
as needed. The commissioner shall inform the State Board of Education of the
intent to amend the Resource Guide and of the effect of proposed amendments
before submitting them to the Office of the Secretary of State as proposed
rule changes.
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 June 7, 2002.
TRD-200203562
Cristina De La Fuente-Valadez
Manager, Policy Planning
Texas Education Agency
Earliest possible date of adoption: July 21, 2002
For further information, please call: (512) 463-9701