Part 1.
TEXAS HIGHER EDUCATION COORDINATING BOARD
Chapter 17.
CAMPUS PLANNING
Subchapter A. GENERAL PROVISIONS
19 TAC §17.4
The Texas Higher Education Coordinating Board adopts amendments
to §17.4(b)(7), §17.4(d)(2), §17.4(d)(6), and §17.4(h)(2)
concerning approval of projects without changes to the proposed text as published
in the February 28, 2003 issue of the
Texas Register
(28 TexReg 1776). Specifically, these amendments would permit the
Commissioner to approve or evaluate new construction projects that add E&G
space and increase the thresholds for Committee and Board approval or evaluation
of projects that add E&G space.
The following comment was received regarding the amendments to the rules:
Comment: The University of Texas System stated that they agreed with the
intent and fully support these changes. They felt that these changes can potentially
streamline the approval process.
Response: Because this comment was favorable, there were no changes made.
The adopted amendments are proposed under the Texas Education
Code, §61.027, which provides the Coordinating Board with the authority
to adopt rules. These amendments are also proposed under Texas Education Code, §61.0572
which provides the Coordinating Board the authority to develop and publish
standards, rules, and regulations to guide the institutions and agencies of
higher education in making application for the approval of new construction
and major repair and rehabilitation of all buildings and facilities regardless
of proposed use.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on May 2, 2003.
TRD-200302749
Jan Greenberg
General Counsel
Texas Higher Education Coordinating Board
Effective date: May 22, 2003
Proposal publication date: February 28, 2003
For further information, please call: (512) 427-6162
19 TAC §17.5
The Texas Higher Education Coordinating Board adopts an amendment
to §17.5(b)(2) concerning submission of projects without changes to the
proposed text as published in the February 28, 2003 issue of the
Texas Register
(28 TexReg 1777). Specifically, this amendment would
decrease the number of days that projects must be submitted to the Coordinating
Board at the regularly scheduled Board meeting.
The following comment was received regarding the amendments:
Comment: The University of Texas System commented that changing this deadline
from 60 days prior to the meeting to 70 days may be problematic for the System
institutions because the cycle of regent meetings for project approval prior
to submission to the Coordinating Board does not coincide with Committee on
Campus Planning or Coordinating Board meetings. Alternatively, a joint committee
of institution and Committee on Campus Planning members could develop a streamlined
application process to reduce the administrative burden on the staff and leave
the submission deadline unchanged.
Response: Staff is committed to working with the institutions to receive
preliminary project applications pending regent’s review and approval.
The additional ten days would enable Board staff to provide greater efficiency
and accuracy for preparing Committee on Campus Planning agenda items. The
application is currently under review, but it would not change the need for
the increased time to process the increasing number of applications received.
No changes were made as a result of this comment.
The amendment is adopted under the Texas Education Code, §61.027,
which provides the Coordinating Board with the authority to adopt rules. This
amendment is also adopted under Texas Education Code, §61.0572 which
provides the Coordinating Board the authority to develop and publish standards,
rules, and regulations to guide the institutions and agencies of higher education
in making application for the approval of new construction and major repair
and rehabilitation of all buildings and facilities regardless of proposed
use.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on May 2, 2003.
TRD-200302750
Jan Greenberg
General Counsel
Texas Higher Education Coordinating Board
Effective date: May 22, 2003
Proposal publication date: February 28, 2003
For further information, please call: (512) 427-6162
19 TAC §17.10
The Texas Higher Education Coordinating Board adopts amendments
to §17.10(c) and §17.10(d) concerning thresholds without changes
to the proposed text as published in the February 28, 2003 issue of the
The following comment was received regarding the amendments.
Comment: Texas Tech University System commented that the use of the word
"remodeled" in this paragraph may cause confusion and it is recommended that
the phrase "repaired and rehabilitated buildings" be used in both instances
to avoid confusion.
Response: The language in this rule is statutory, therefore no changes
were made.
The amendment is adopted under the Texas Education Code, §61.027,
which provides the Coordinating Board with the authority to adopt rules. This
amendment is also adopted under Texas Education Code, §61.0572 which
provides the Coordinating Board the authority to develop and publish standards,
rules, and regulations to guide the institutions and agencies of higher education
in making application for the approval of new construction and major repair
and rehabilitation of all buildings and facilities regardless of proposed
use.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on May 2, 2003.
TRD-200302751
Jan Greenberg
General Counsel
Texas Higher Education Coordinating Board
Effective date: May 22, 2003
Proposal publication date: February 28, 2003
For further information, please call: (512) 427-6162
19 TAC §17.40
The Texas Higher Education Coordinating Board adopts the
repeal of §17.40 concerning required reports without changes to the proposed
text as published in the February 28, 2003 issue of the
Texas Register
(28 TexReg 1778). Specifically, the repeal of this rule
would clarify reporting requirements of the Master Plans and require institutions
to provide an annual report to the Coordinating Board.
The following comment was received regarding the repeal of the rule.
Comment: The University of Texas System opposes the recommended change
stating that the System understands that the intent of the Bond Review Board’s
Capital Expense Report was to review projects financed by bonds, not all construction,
which is not reflected in the proposed rules. The University of Texas System
expressed concern with the potential time and expense associated with reconfiguring
institutional reporting systems. The University of Texas System also questions
the definition of "information resource project". The University of Texas
System proposed a change to 19 TAC §17.40 (1)(B)(i) to read: Any proposed
construction (new or repair and renovation) greater than $250,000 for which
debt financing is a funding source, any new construction with a cost greater
than $1,000,000 and any repair and renovation greater than $2,000,000.
Response: §61.0582 of the Texas Education Code requires that institutions
submit a campus master plan that includes an assessment of and a plan to address
deferred maintenance, the amount the institution plans to designate for repairs,
rehabilitation and deferred maintenance projects, and the funding source for
any new construction projects costing more than $300,000 and rehabilitation
projects costing more than $600,000. Section 1231.001 of the Texas Government
Code defines thresholds for those projects that have a stated term of more
than five years or with an initial principal amount of more than $250,000.
These comments regarding the capital improvement plan have been reviewed by
the Bond Review Board staff, and they concur that these thresholds are in
their statute and, unless changed by law, are not negotiable. No changes were
made as a result of this comment.
The repeal rule is adopted under the Texas Education Code, §61.027,
which provides the Coordinating Board with the authority to adopt rules. This
new rule is also adopted under Texas Education Code, §61.0572 which provides
the Coordinating Board the authority to develop and publish standards, rules,
and regulations to guide the institutions and agencies of higher education
in making application for the approval of new construction and major repair
and rehabilitation of all buildings and facilities regardless of proposed
use.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on May 2, 2003.
TRD-200302753
Jan Greenberg
General Counsel
Texas Higher Education Coordinating Board
Effective date: May 22, 2003
Proposal publication date: February 28, 2003
For further information, please call: (512) 427-6162
19 TAC §17.40
The Texas Higher Education Coordinating Board adopts new §17.40
concerning required reports without changes to the proposed text as published
in the February 28, 2003 issue of the
Texas Register
(28 TexReg 1778). Specifically, this amendment would clarify reporting
requirements of the Master Plans and require institutions to provide an annual
report to the Coordinating Board.
The following comments were received regarding the new rule.
Comment: The University of Texas System opposes the recommended change
stating that the System understands that the intent of the Bond Review Board’s
Capital Expense Report was to review projects financed by bonds, not all construction,
which is not reflected in the proposed rules. The University of Texas System
expressed concern with the potential time and expense associated with reconfiguring
institutional reporting systems. The University of Texas System also questions
the definition of "information resource project". The University of Texas
System proposed a change to 19 TAC §17.40 (1)(B)(i) to read: Any proposed
construction (new or repair and renovation) greater than $250,000 for which
debt financing is a funding source, any new construction with a cost greater
than $1,000,000 and any repair and renovation greater than $2,000,000.
Comment: Texas Tech University System also recommends that project status
reporting be incorporated with the MP2, MP3, and MP4 reports rather than annually
on the date of project approval to reduce their administrative burden.
Response: §61.0582 of the Texas Education Code requires that institutions
submit a campus master plan that includes an assessment of and a plan to address
deferred maintenance, the amount the institution plans to designate for repairs,
rehabilitation and deferred maintenance projects, and the funding source for
any new construction projects costing more than $300,000 and rehabilitation
projects costing more than $600,000. §1231.001 of the Texas Government
Code defines thresholds for those projects that have a stated term of more
than five years or with an initial principal amount of more than $250,000.
These comments regarding the capital improvement plan have been reviewed by
the Bond Review Board staff, and they concur that these thresholds are in
their statute and, unless changed by law, are not negotiable. No changes were
made as a result of this comment.
The new rule is adopted under the Texas Education Code, §61.027,
which provides the Coordinating Board with the authority to adopt rules. This
new rule is also adopted under Texas Education Code, §61.0572 which provides
the Coordinating Board the authority to develop and publish standards, rules,
and regulations to guide the institutions and agencies of higher education
in making application for the approval of new construction and major repair
and rehabilitation of all buildings and facilities regardless of proposed
use.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on May 2, 2003.
TRD-200302752
Jan Greenberg
General Counsel
Texas Higher Education Coordinating Board
Effective date: May 22, 2003
Proposal publication date: February 28, 2003
For further information, please call: (512) 427-6162
Subchapter C. HINSON-HAZLEWOOD COLLEGE STUDENT LOAN PROGRAM FOR ALL LOANS WHICH ARE SUBJECT TO THE PROVISIONS OF THE FEDERAL FAMILY EDUCATION LOAN PROGRAM, THE COLLEGE ACCESS LOAN PROGRAM, THE HEALTH EDUCATION ASSISTANCE LOAN PROGRAM, AND THE HEALTH EDUCATION LOAN PROGRAM
19 TAC §§21.51 - 21.65
The Texas Higher Education Coordinating Board adopts the
repeal of §§21.51 - 21.65 concerning the Hinson-Hazlewood Loan Program
without changes to the proposed text as published in the February 28, 2003
issue of the
Texas Register
(28 TexReg 1779).
New §§21.51 - 21.64 concerning the Hinson-Hazlewood Loan Program
are contemporaneously published in this issue of the
Texas Register
. Specifically, the rules proposed for repeal cover the
administration of the Hinson-Hazlewood Loan Program. This program includes
the Federal Family Education Loan Program, the College Access Loan Program,
the Health Education Assistance Loan Program, and the Health Education Loan
Program. Board staff wished to provide better organization and to increase
clarity. The proposed rewrite contains new and revised definitions, reorganizes
the subchapter in a more logical sequence, updates references to federal and
state law, and clarifies the authority of the Board to administer this program.
The rules proposed for enactment contain very few departures from current
Board practice.
There were no comments received regarding the repeal of the rules.
The repeal is adopted under the Texas Education Code, §61.027,
which provides the Coordinating Board with general rule-making authority and
Texas Education Code, §52.01, which provides the Board with the authority
to administer the student loan program.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on May 2, 2003.
TRD-200302748
Jan Greenberg
General Counsel
Texas Higher Education Coordinating Board
Effective date: May 22, 2003
Proposal publication date: February 28, 2003
For further information, please call: (512) 427-6162
19 TAC §§21.51 - 21.64
The Texas Higher Education Coordinating Board adopts new §§21.51
- 21.64 concerning the Hinson-Hazlewood Loan Program without changes to the
proposed text as published in the February 28, 2003 issue of the
Texas Register
(28 TexReg 1780). Existing §§21.51 - 21.65,
which these new sections replace, are contemporaneously proposed for repeal
in this issue of the
Texas Register
. Specifically,
these new sections cover the administration of the Hinson-Hazlewood Loan Program.
This program includes the Federal Family Education Loan Program, the College
Access Loan Program, the Health Education Assistance Loan Program, and the
Health Education Loan Program. To provide better organization and increase
clarity, the proposed new sections contain new and revised definitions, reorganize
the subchapter in a more logical sequence, update references to federal and
state law, and clarify the authority of the Board to administer this program.
The new sections allow students who are enrolled at least half-time at an
institution to be eligible for a loan through the program, simplify the information
that needs to be provided by borrowers for references, eliminate the requirement
of a cosigner if the borrower has received a favorable evaluation of his/her
credit report, and delegate to the Commissioner of Higher Education the authority
to set origination fees, loan limits, and the interest rates for the College
Access Loan Program and the Health Education Loan Program.
There were no comments received regarding the new rules
The new sections are adopted under the Texas Education Code, §61.027,
which provides the Coordinating Board with general rule-making authority and
Texas Education Code, §52.01, which provides the Board with the authority
to administer the student loan program.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on May 2, 2003.
TRD-200302747
Jan Greenberg
General Counsel
Texas Higher Education Coordinating Board
Effective date: May 22, 2003
Proposal publication date: February 28, 2003
For further information, please call: (512) 427-6162
Chapter 239.
STUDENT SERVICES CERTIFICATES
Subchapter E. MASTER TEACHER CERTIFICATE
Subchapter B. NEW CONSTRUCTION AND REPAIR AND REHABILITATION PROJECTS
Subchapter E. INSTITUTIONAL REPORTING
Chapter 21.
STUDENT SERVICES
Subchapter C. HINSON-HAZLEWOOD COLLEGE STUDENT LOAN PROGRAM
Part 7.
STATE BOARD FOR EDUCATOR CERTIFICATION