Part 1.
TEXAS HIGHER EDUCATION COORDINATING BOARD
Chapter 1.
AGENCY ADMINISTRATION
Subchapter A. GENERAL PROVISIONS
19 TAC §§1.1 - 1.13
The Texas Higher Education Coordinating Board adopts the
repeal of Chapter 1, §§1.1 - 1.13 of Board rules, concerning Agency
Administration without changes to the proposed text as published in the November
28, 2003, issue of the
Texas Register
(28
TexReg 10615) Specifically, this repeal deletes Chapter 1, Subchapter A, regarding
General Provisions, and all sections within it. In conducting a review of
Chapter 1, the Office of General Counsel concluded that, despite the fact
that few of the existing rules needed to be amended in any material way, the
recently mandated role of the ADR coordinator required significant reorganization
and renumbering of the entire chapter. Consequently, this subchapter is repealed.
No comments were received regarding the proposed repeal of Chapter 1.
The repeal of the sections is adopted under the Texas Education
Code, §§61.025-61.029, 61.031, 61.084, 61.301-61.319, and 61.401-61.405;
Texas Government Code, §§552.231, 559.004, ch. 2001, §§2003.021,
2155.076, 2161.003, 2255.001, ch. 2260, ch. 2008, ch. 2009; Texas Transportation
Code, §201.112; Civil Practice and Remedies Code, ch. 107, ch. 154
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 February 6, 2004.
TRD-200400766
Jan Greenberg
General Counsel
Texas Higher Education Coordinating Board
Effective date: February 26, 2004
Proposal publication date: November 28, 2003
For further information, please call: (512) 427-6114
19 TAC §§1.21 - 1.29
The Texas Higher Education Coordinating Board adopts the
repeal of Chapter 1, §§1.21 - 1.29 of Board rules, concerning Agency
Administration without changes to the proposed text as published in the November
28, 2003, issue of the
Texas Register
(28
TexReg 10615) Specifically, this repeal deletes Chapter 1, Subchapter B regarding
Hearings and Appeals, and all sections within it. In conducting a review of
Chapter 1, the Office of General Counsel concluded that, despite the fact
that few of the existing rules needed to be amended in any material way, the
recently mandated role of the ADR coordinator required significant reorganization
and renumbering of the entire chapter. Consequently, this subchapter is repealed.
No comments were received regarding the proposed repeal of Chapter 1.
The repeal of the sections is adopted under the Texas Education
Code, §§61.025-61.029, 61.031, 61.084, 61.301-61.319, and 61.401-61.405;
Texas Government Code, §§552.231, 559.004, ch. 2001, §§2003.021,
2155.076, 2161.003, 2255.001, ch. 2260, ch. 2008, ch. 2009; Texas Transportation
Code, §201.112; Civil Practice and Remedies Code, ch. 107, ch. 154.
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 February 6, 2004.
TRD-200400767
Jan Greenberg
General Counsel
Texas Higher Education Coordinating Board
Effective date: February 26, 2004
Proposal publication date: November 28, 2003
For further information, please call: (512) 427-6114
19 TAC §§1.40 - 1.47
The Texas Higher Education Coordinating Board adopts the
repeal of Chapter 1, Subchapter C, §§1.40 - 1.47 of Board rules,
concerning Breach of Contract Claims without changes to the proposal as published
in the November 28, 2003, issue of the
Texas Register
(28 TexReg 10616).
Specifically, this repeal deletes Chapter 1, Subchapter C, regarding Breach
of Contract Claims, and all sections within it. In conducting a review of
Chapter 1, the Office of General Counsel concluded that, despite the fact
that few of the existing rules needed to be amended in any material way, the
recently mandated role of the ADR coordinator required significant reorganization
and renumbering of the entire chapter. Consequently, this subchapter is repealed.
No comments were received regarding the proposed repeal.
The repeal of the sections is adopted under the Texas Education
Code, §§61.025 - 61.029, 61.031, 61.084, 61.301 - 61.319, and 61.401
- 61.405; Texas Government Code, §§552.231, 559.004, Chapter 2001, §§2003.021,
2155.076, 2161.003, 2255.001, Chapters 2260, 2008, and 2009; Texas Transportation
Code, §201.112; Civil Practice and Remedies Code, Chapters 107 and 154.
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 February 6, 2004.
TRD-200400768
Jan Greenberg
General Counsel
Texas Higher Education Coordinating Board
Effective date: February 26, 2004
Proposal publication date: November 28, 2003
For further information, please call: (512) 427-6114
19 TAC §§1.60 - 1.67
The Texas Higher Education Coordinating Board adopts the
repeal of Chapter 1, Subchapter D, §§1.60 - 1.67 of Board rules,
concerning Standards of Conduct without changes to the proposal as published
in the November 28, 2003, issue of the
Texas Register
(28 TexReg 10617).
Specifically, this repeal deletes Chapter 1, Subchapter D regarding Standards
of Conduct, and all sections within it. In conducting a review of Chapter
1, the Office of General Counsel concluded that, despite the fact that few
of the existing rules needed to be amended in any material way, the recently
mandated role of the ADR coordinator required significant reorganization and
renumbering of the entire chapter. Consequently, this subchapter is repealed.
No comments were received regarding the proposed repeal.
The repeal of the sections is adopted under the Texas Education
Code, §§61.025 - 61.029, 61.031, 61.084, 61.301 - 61.319, and 61.401
- 61.405; Texas Government Code, §§552.231, 559.004, Chapter 2001, §§2003.021,
2155.076, 2161.003, 2255.001, Chapters 2260, 2008, and 2009; Texas Transportation
Code, §201.112; Civil Practice and Remedies Code, Chapters 107 and 154.
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 February 6, 2004.
TRD-200400769
Jan Greenberg
General Counsel
Texas Higher Education Coordinating Board
Effective date: February 26, 2004
Proposal publication date: November 28, 2003
For further information, please call: (512) 427-6114
19 TAC §§1.80 - 1.83
The Texas Higher Education Coordinating Board adopts the
repeal of Chapter 1, Subchapter E, §§1.80 - 1.83 of Board rules,
concerning Right to Correction of Incorrect Information without changes to
the proposal as published in the November 28, 2003, issue of the
Texas Register
(28 TexReg 10617).
Specifically, this repeal deletes Chapter 1, Subchapter E, regarding Right
to Correction of Incorrect Information, and all sections within it. In conducting
a review of Chapter 1, the Office of General Counsel concluded that, despite
the fact that few of the existing rules needed to be amended in any material
way, the recently mandated role of the ADR coordinator required significant
reorganization and renumbering of the entire chapter. Consequently, this subchapter
is repealed.
No comments were received regarding the proposed repeal.
The repeal of the sections is adopted under the Texas Education
Code, §§61.025 - 61.029, 61.031, 61.084, 61.301 - 61.319, and 61.401
- 61.405; Texas Government Code, §§552.231, 559.004, Chapter 2001, §§2003.021,
2155.076, 2161.003, 2255.001, Chapters 2260, 2008, and 2009; Texas Transportation
Code, §201.112; Civil Practice and Remedies Code, Chapters 107 and 154.
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 February 6, 2004.
TRD-200400770
Jan Greenberg
General Counsel
Texas Higher Education Coordinating Board
Effective date: February 26, 2004
Proposal publication date: November 28, 2003
For further information, please call: (512) 427-6114
Subchapter A. GENERAL PROVISIONS
19 TAC §§1.1 - 1.14
The Texas Higher Education Coordinating Board adopts new §§1.1
- 1.14, without changes to the proposed text as published in the November
28, 2003, issue of the
Texas Register
(28
TexReg 10618). Specifically, there are non-substantive language amendments
to prior rules throughout the subchapter, and many of the section numbers
have been changed from prior numbering. There are two completely new sections: §1.14
which concerns negotiated rulemaking, and §1.7, which describes the process
by which a member of the public may propose the adoption, repeal, or amendment
of a rule. These new rules spell out agency procedures in order to ensure
that such cases are treated in accordance with the requirements of the Texas
Government Code.
No comments were received regarding the new sections.
The new sections are adopted under the Texas Education Code, §§61.025-61.029,
61.031, 61.084; and the Texas Government Code, §§552.231, 2155.076,
2161.003, ch. 2008.
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 February 6, 2004.
TRD-200400762
Jan Greenberg
General Counsel
Texas Higher Education Coordinating Board
Effective date: February 26, 2004
Proposal publication date: November 28, 2003
For further information, please call: (512) 427-6114
19 TAC §§1.20 - 1.27, 1.30 - 1.35, 1.40 - 1.48, 1.60 - 1.67
The Texas Higher Education Coordinating Board adopts new §§1.20
- 1.27; §§1.30 - 1.35; §§1.40 - 1.48; and §§1.60
- 1.67 concerning Dispute Resolution, without changes to the proposed text
as published in the November 28, 2003, issue of the
Texas Register
(28 TexReg 10621). Specifically, these new sections
provide for a new staff role of ADR coordinator; establish procedures for
management of contract disputes and all other cases in which a party may have
a right to a contested case hearing; bring the process for negotiated rulemaking
within the ADR coordinator's oversight; and give the Office of General Counsel
the responsibility for determining whether a petitioner for a contested case
has satisfied all the pleading requirements and has established a right to
a contested case.
There were no comments received regarding the new sections.
The new sections are adopted under the Texas Government Code,
ch. 2001, §2003.021, ch. 2260, ch. 2009; Civil Practice and Remedies
Code, ch. 154.
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 February 6, 2004.
TRD-200400763
Jan Greenberg
General Counsel
Texas Higher Education Coordinating Board
Effective date: February 26, 2004
Proposal publication date: November 28, 2003
For further information, please call: (512) 427-6114
19 TAC §§1.80 - 1.87
The Texas Higher Education Coordinating Board adopts new §§1.80
- 1.87, regarding Standards of Conduct, without changes to the proposed text
as published in the November 28, 2003, issue of the
Texas Register
(28 TexReg 10628). Specifically, these sections relate
to standards of conduct governing relationships between the Texas Higher Education
Coordinating Board (Board), its officers and employees, and private donors
and private organizations that exist to further the purposes, and to assist
in accomplishing the duties of the Board.
There were no comments received regarding the new sections.
The new sections are adopted under the Texas Government Code, §2255.001.
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 February 6, 2004.
TRD-200400764
Jan Greenberg
General Counsel
Texas Higher Education Coordinating Board
Effective date: February 26, 2004
Proposal publication date: November 28, 2003
For further information, please call: (512) 427-6114
19 TAC §§1.96 - 1.99
The Texas Higher Education Coordinating Board adopts new §§1.96
- 1.99, concerning Right to Correction of Incorrect Information without changes
to the proposed text as published in the November 28, 2003, issue of the
No comments were received regarding the new sections.
The new sections are adopted under Texas Government Code, §559.004.
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 February 6, 2004.
TRD-200400765
Jan Greenberg
General Counsel
Texas Higher Education Coordinating Board
Effective date: February 26, 2004
Proposal publication date: November 28, 2003
For further information, please call: (512) 427-6114
Subchapter A. GENERAL PROVISIONS
19 TAC §4.4
The Texas Higher Education Coordinating Board adopts amendments
to §4.4 of Board rules, concerning excused absences for religious holy
days for students in public institutions of higher education, without changes
to the text as published in the November 28, 2003, issue of the
Texas Register
(28 TexReg 10632). Specifically, the amendments removed
a previous requirement that a student must notify his or her instructor within
15 days from the start of the semester of an absence for the purpose of observing
a religious holy day. TEC §51.911(b) also requires that a student shall
be excused from attending classes or other required activities, including
examinations, during time needed for travel for the purpose of the observance
of a religious holy day, and that students shall be granted a reasonable amount
of time to make up work or take examinations they miss during an excused absence
under this section. The amendments indicate that institutional policies and
procedures for absences due to religious holy days shall be consistent with
(or no more arduous than) the institution's policies and procedures relating
to other excused absences. The amendments also include a provision for the
resolution of any disputes that could arise regarding the nature of an absence
under this section and a provision for a reasonable time in which to make
up the work that was missed during such an absence.
One comment was received from The University of Texas Medical Branch at
Galveston regarding the amendments to §4.4. That comment contained no
objections to the amendments and did not require any changes to the proposed
amendments.
The amendment is adopted under the Texas Education Code, §51.911(e),
which requires the Board to adopt rules concerning excused absences for the
purpose of observing religious holy days.
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 February 4, 2004.
TRD-200400721
Jan Greenberg
General Counsel
Texas Higher Education Coordinating Board
Effective date: February 24, 2004
Proposal publication date: November 28, 2003
For further information, please call: (512) 427-6114
19 TAC §4.85
The Texas Higher Education Coordinating Board adopts amendments
to §4.85(d) of Board rules, concerning dual credit courses without changes
to the proposed text as published in the December 19, 2003, issue of the
No comments were received regarding the amendments.
The amendments are adopted under the Texas Education Code, §§29.182,
29.184, 54,216, 61.027, 61.076(j), 130.001(b)(3)-(4), 130.008, 130.090, and
135.06(d), which provide the Coordinating Board with the authority to regulate
dual credit partnerships between public two-year colleges and public universities
with secondary schools.
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 February 6, 2004.
TRD-200400781
Jan Greenberg
General Counsel
Texas Higher Education Coordinating Board
Effective date: February 26, 2004
Proposal publication date: December 19, 2003
For further information, please call: (512) 427-6114
Subchapter B. GENERAL PROVISIONS
19 TAC §§11.24, 11.25, 11.28
The Texas Higher Education Coordinating Board adopts amendments
to §§11.24, 11.25, and 11.28 concerning the Texas State Technical
College System without changes to the proposed text as published in the November
28, 2003, issue of the
Texas Register
(28
TexReg 10633). Specifically, these amendments provide updated references in §§11.24,
11.25, and 11.28 to other sections of Board rules.
No comments were received regarding the amendments.
The amendments are adopted under the Texas Education Code, §§61.051,
61.053, 61.056, 61.058, 61.0583, 135.01, 135.04, 135.02, and 135.06, which
authorize the Coordinating Board to adopt policies, enact regulations, and
establish rules for the Texas State Technical College System relating to the
review of its role and mission statement, new program approval, approval and
operation of extension centers, approval of land acceptance or acquisition,
and the audit of its facilities.
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 February 5, 2004.
TRD-200400743
Jan Greenberg
General Counsel
Texas Higher Education Coordinating Board
Effective date: February 25, 2004
Proposal publication date: November 28, 2003
For further information, please call: (512) 427-6114
Chapter 97.
PLANNING AND ACCOUNTABILITY
Subchapter AA. ACCOUNTABILITY RATINGS AND ACKNOWLEDGMENTS
Subchapter B. HEARINGS AND APPEALS
Subchapter C. BREACH OF CONTRACT CLAIMS
Subchapter D. STANDARDS OF CONDUCT
Subchapter E. RIGHT TO CORRECTION OF INCORRECT INFORMATION
Chapter 1.
AGENCY ADMINISTRATION
Subchapter B. DISPUTE RESOLUTION
Subchapter C. STANDARDS OF CONDUCT
Subchapter D. RIGHT TO CORRECTION OF INCORRECT INFORMATION
Chapter 4.
RULES APPLYING TO ALL PUBLIC INSTITUTIONS OF HIGHER EDUCATION IN TEXAS
Subchapter D. DUAL CREDIT PARTNERSHIPS BETWEEN SECONDARY SCHOOLS AND TEXAS PUBLIC COLLEGES
Chapter 11.
TEXAS STATE TECHNICAL COLLEGE SYSTEM
Part 2.
TEXAS EDUCATION AGENCY