Part 1.
TEXAS HIGHER EDUCATION COORDINATING BOARD
Chapter 4.
RULES APPLYING TO ALL PUBLIC INSTITUTIONS OF HIGHER EDUCATION IN TEXAS
Subchapter A. GENERAL PROVISIONS
19 TAC §4.7
The Texas Higher Education Coordinating Board adopts amendments
to §4.7(b), concerning changing references from the former Texas Academic
Skills Program to the Texas Success Initiative without changes to the proposed
text as published in the November 19, 2004 issue of the
Texas Register
(29 TexReg 10669). Specifically, these amendments remove
from Board rules all references to the former Texas Academic Skills Program
(TASP) and replaces them with references to the current Texas Success Initiative.
No comments were received regarding the amendments to this section.
The amendments are adopted under the Texas Education Code, §61.027,
which provides the Coordinating Board with general rule-making authority; §61.002,
which establishes the Coordinating Board as an agency charged to provide leadership
and coordination for the Texas higher education system; §61.051, which
provides the Coordinating Board with authority to coordinate institutions
of public higher education in promoting quality education; and §61.0651,
which charges the Board to adopt and recommend management policies applicable
to institutions of higher education in relation to management of human resources
and physical plants.
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 2, 2005.
TRD-200500472
Jan Greenberg
General Counsel
Texas Higher Education Coordinating Board
Effective date: February 22, 2005
Proposal publication date: November 19, 2004
For further information, please call: (512) 427-6114
Subchapter C. APPROVAL OF NEW ACADEMIC PROGRAMS AND ADMINISTRATIVE CHANGES AT PUBLIC UNIVERSITIES AND/OR HEALTH-RELATED INSTITUTIONS
19 TAC §5.45, §5.46
The Texas Higher Education Coordinating Board adopts amendments
to §5.45 and §5.46, concerning the academic qualifications of faculty
in Texas institutions of higher education in regard to requests for new degree
programs without changes to the proposed text as published in the November
19, 2004, issue of the
Texas Register
(29
TexReg 10672).
Specifically, these amendments would establish criteria for evaluating
faculty credentials in regard to determining faculty members’ contributions
to proposed degree programs.
The following comments were received regarding the amendments:
Comments: Texas A&M University supports the Coordinating Board decision
to consider only accredited U.S. degrees and degrees from international institutions
that have demonstrated equivalence to U.S. degrees when evaluating faculty
resources needed for new degree programs.
Response: No changes were made as a result of this comment.
The amendments are adopted under the Texas Education Code, §61.027,
which provides the Board with general rule-making authority; §61.002,
which establishes the Board as an agency charged to provide leadership and
coordination for the Texas higher education system; §61.051, which provides
the Board with authority to coordinate institutions of public higher education
in promoting quality education; Texas Education Code, §51.807, which
provides the Board with the authority to adopt rules relating the Uniform
Admissions; Texas Education Code, §51.762(a), which provides the Board
with the authority to implement the Common Admission Application, Texas Education
Code, §61.074, which provides the Board with the authority to adopt rules
relating to grade-point calculation, Texas Education Code, §61.051(d)
and (e), which directs the Board to develop the role and mission of each institution
and periodically review the role and mission statements, Tables of Programs,
and all certificate and degree programs, Texas Education Code, §61.051(j),
which requires the approval of the Board for operation of off-campus educational
units, and Texas Education Code, §61.055, which requires a Board finding
that a new department, school, or degree or certificate program is adequately
financed.
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 2, 2005.
TRD-200500473
Jan Greenberg
General Counsel
Texas Higher Education Coordinating Board
Effective date: February 22, 2005
Proposal publication date: November 19, 2004
For further information, please call: (512) 427-6114
Subchapter A. GENERAL PROVISIONS
19 TAC §7.4
The Texas Higher Education Coordinating Board adopts amendments
to §7.4(a), concerning accrediting agencies which exempt institutions
from Board oversight without changes to the proposed text as published in
the November 19, 2004, issue of the
Texas Register
(29 TexReg 10674).
Specifically, the first amendment to §7.4(a) will list the new names
of two accrediting agencies recognized by the Board for purposes of exemption
from the statute and will clarify that one accrediting association is recognized
by the Board only at the undergraduate level and not the graduate level.
No comments were received regarding the amendments to this section.
The amendments are adopted under the Texas Education Code, §61.027,
which provides the Board with general rule-making authority; Texas Education
Code, §61.002, which establishes the Board as an agency charged to provide
leadership and coordination for the Texas higher education system; Texas Education
Code, §§61.301 - 61.319, concerning regulation of private postsecondary
education institutions; §61.311, which provides the Board with the authority
to promulgate rules governing certificates of authority; Texas Education Code, §§61.401
- 61.405, regarding regulation of public institutions of higher education
established outside the boundaries of the State of Texas; and Texas Education
Code, §61.403 which provides the Board with the authority to promulgate
rules regarding out of state public institutions.
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 2, 2005.
TRD-200500474
Jan Greenberg
General Counsel
Texas Higher Education Coordinating Board
Effective date: February 22, 2005
Proposal publication date: November 19, 2004
For further information, please call: (512) 427-6114
Subchapter A. GENERAL PROVISIONS
19 TAC §17.3
The Texas Higher Education Coordinating Board adopts amendments
to §17.3, concerning Definitions, with changes to the proposed text as
published in the November 26, 2004, issue of the
Texas Register
(29 TexReg 10861).
Specifically, these amendments provide definitions for the Assistant Commissioner,
Parking Structure, Technical Research Building, and University System and
for the delegation of project approval authority to the Assistant Commissioner.
The following comments were received regarding the proposal:
Comment: The University of Texas System made additional comments related
to the rules regarding the Board's statutory authority and interpretation
of the statutes related to deferred maintenance, Master Plan reports, audits,
and Energy Savings Performance Contracts.
Response: These comments are related to sections not under consideration
by the Board.
The amendments are adopted under Texas Education Code, §61.027,
which provides the Board with the authority to adopt rules, and Texas Education
Code, §61.058 and §61.0572.
§17.3.Definitions.
The following words and terms shall have the following meanings, unless
the context clearly indicates otherwise.
(1)
Acquisition--To come into possession or control of real
property or facilities. This includes the acceptance, purchase, lease-purchase,
transfer, or exchange of land or facilities.
(2)
Academic Facilities--Facilities used for primary instruction,
research, and public service functions of the institution. Academic facilities
typically would include classrooms, libraries, administrative and faculty
offices, and student and research laboratories.
(3)
Addition--Expansion or extension of an existing facility
that increases its size or capacity.
(4)
Assignable Area of a Building--The sum of all areas within
the interior walls of rooms on all floors of a building assigned to, or available
for assignment to, an occupant or use, excluding unassigned space. This is
also referred to as net assignable square feet (NASF).
(5)
Assistant Commissioner--The administrative officer having
oversight of the campus planning function at the Texas Higher Education Coordinating
Board.
(6)
Athletic Facilities--Facilities used for athletic programs,
including intercollegiate athletics, intramural athletics, and athletically-oriented
academic programs.
(7)
Auditorium or Assembly--A room, hall, or building designed
and equipped for the assembly of large groups for such events as dramatic
and musical productions, devotional activities, livestock judging, faculty/staff
meetings, or commencement. Included are theaters, concert halls, arenas, chapels
and livestock judging pavilions. Assembly facilities may also serve instructional
purposes to a minor or incidental extent.
(8)
Auxiliary Enterprise Buildings or Space--Income-generating
structures and space such as dormitories, cafeterias, student union buildings,
stadiums, athletic facilities, housing or boarding facilities used by a fraternity,
sorority, or private club, and alumni centers used solely for those purposes.
Auxiliary space is not supported by State appropriations.
(9)
Board or Coordinating Board--The Texas Higher Education
Coordinating Board members and the agency.
(10)
Building--A structure with at least two walls for permanent
or temporary shelter of persons, animals (excluding animal caging equipment),
plants, materials, or equipment that is attached to a foundation, roofed,
serviced by a utility (exclusive of lighting), is a source of maintenance
and repair activities, and is under the control or jurisdiction of the institution's
governing board, regardless of its location.
(11)
Campus Deferred Maintenance Plan (MP2)--A detailed report
of institutional programs to address deferred maintenance and critical deferred
maintenance.
(12)
Campus Master Plan--A detailed long-range plan of institutional
physical plant needs, including facilities construction and/or development,
land acquisitions, and campus facilities infrastructure; the plan provides
long-range and strategic analyses and facilities development guidelines.
(13)
Capital Renewal--Includes capital improvements and changes
to a facility in response to evolving needs. The changes may occur because
of new programs or to correct functional obsolescence. Capital renewal needs
are not part of the deferred maintenance backlog.
(14)
Certification--Institutional attestation of reports or
other submissions as being true or as represented.
(15)
Classroom--A room used for scheduled classes. These rooms
may be called lecture rooms, lecture-demonstration rooms, seminar rooms, or
general purpose classrooms. A classroom may contain multimedia or telecommunications
equipment, such as those used for distance learning. A classroom may be furnished
with special equipment (e.g., globes, maps, pianos) appropriate to a specific
area of study. A classroom does not include conference rooms, meeting rooms,
auditoriums, or class laboratories.
(16)
Class Laboratory--A room used primarily by regularly scheduled
classes that require special-purpose equipment for student participation,
experimentation, observation, or practice in a field of study. Class laboratories
may be referred to as teaching laboratories, instructional shops, computer
laboratories, drafting rooms, band rooms, choral rooms, group studios. Laboratories
that serve as individual or independent study rooms are not included.
(17)
Clinical Facility--A facility often associated with a
hospital or medical school that is devoted to the diagnosis and care of patients
in the instruction of health professions and allied health professions; medical
instruction may be conducted, and patients may be examined and discussed.
Clinical facilities include, but are not limited to, patient examination rooms,
testing rooms, and consultation rooms.
(18)
Committee or Committee on Campus Planning--The members
of the Board appointed to consider facility-related issues.
(19)
Commissioner--The chief executive officer of the Texas
Higher Education Coordinating Board.
(20)
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.
(21)
Deferred Maintenance--An existing or imminent building
maintenance-related deficiency from prior years that needs to be corrected,
or scheduled preventive maintenance tasks that were not performed because
other tasks funded within the budget were perceived to have higher priority
status. The accumulation of facility components in need of repair brought
about by age, use, or damage for which remedies are postponed or considered
backlogged. This may include those repairs postponed due to insufficient funding.
(22)
Diagnostic Support Laboratory--the central diagnostic
service area for a health care facility. Included are pathology laboratories,
pharmacy laboratories, autopsy rooms, isotope rooms, etc., providing such
services as hematology, tissue chemistry, bacteriology, serology, blood banks,
and basal metabolism. In veterinary facilities, this includes necropsy rooms.
(23)
Education and General (E&G)--Space used for teaching,
research, or the preservation of knowledge, including the proportional share
used for those activities in any building or facility used jointly with auxiliary
enterprise, or space that is permanently unassigned. E&G space is supported
by state appropriations.
(24)
Emergency--An unforeseen combination of circumstances
that calls for immediate action and requires an urgent need for assistance
or relief that, if not taken, would result in an unacceptable cost to the
state; or, an urgent need for assistance or relief due to a natural disaster;
or an unavoidable circumstance whereby the delay of the project approval would
critically impair the institution's function.
(25)
Eminent Domain--A legal process wherein the institution
takes private property for public use.
(26)
Energy Systems--Infrastructure in a building that includes
facility electric, gas, heating, ventilation, air conditioning, and water
systems.
(27)
Energy Savings Performance Contract--A contract for energy
or water conservation measures to reduce energy or water consumption or operating
costs of institutional facilities in which the estimated savings in utility
costs resulting from the conservation measures is guaranteed to offset the
cost of the measures over a specified period.
(28)
Facilities Audit--Comprehensive review of institutional
facility development, planning activities, and reports.
(29)
Facilities Inventory--A collection of building and room
records that reflects institutional space and how it is being used. The records
contain codes that are uniformly defined by the Board and the United States
Department of Education and reported by the institutions on an ongoing basis
to reflect a current facilities inventory. The facilities inventory includes
a record of property owned by or under the control of the institution.
(30)
Facilities Development Plan (MP1)--A detailed formulation
of institutional programs to address deferred maintenance, critical deferred
maintenance, facilities construction, demolition, property acquisitions, or
physical plant development.
(31)
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.
(32)
Financing Indirectly Derived from Students--Funds generated
from funds accumulated from students, primarily interest on funds accumulated
directly from students.
(33)
Gift--A donation or bequest of money or another tangible
item, a pledge of a contribution, or the acquisition of real property or facilities
at no cost to the state or to the institution. It may also represent a method
of finance for a project.
(34)
Gross Square Feet (GSF)--The sum of all square feet of
floor areas within the outside faces of a building's exterior walls. This
includes the areas, finished and unfinished, on all floors of an enclosed
structure, i.e., within the environmentally controlled envelope, for all stories
or areas which have floor surfaces.
(35)
Housing Facility--A single- or multi-family residence
used exclusively for housing or boarding students, faculty, or staff members.
(36)
Information Resource Project--Projects related to the
purchase or lease-purchase of computer equipment, purchase of computer software,
purchase or lease-purchase of telephones, telephone systems, and other telecommunications
and video-teleconferencing equipment.
(37)
Intercollegiate Athletic Facility--Any facility used primarily
to support intercollegiate athletics, including stadiums, arenas, multi-purpose
centers, playing fields, locker rooms, coaches’ offices, and similar
facilities.
(38)
Infrastructure--The underlying foundation or basic framework
of a facility, including but not limited to, the utility distribution system
of plumbing, heating/ventilation/air conditioning, electrical, sewage, drainage,
architectural, safety and Code compliance, roads, grounds, and landscaping.
(39)
Institution or institution of higher education--A Texas
public institution of higher education as defined in Texas Education Code, §61.003(8),
except a community/junior college.
(40)
Legislative Authority--Specific statutory authorization.
(41)
Lease--A contract by which real estate, equipment, or
facilities are conveyed for a specified term and for a specified rent. Includes
the transfer of the right to possession and use of goods for a term in return
for consideration. Unless the context clearly indicates otherwise, the term
includes a sublease.
(42)
Lease-Purchase--A lease project that includes the acquisition
of real property by sale, mortgage, security interest, pledge, gift, or any
other voluntary transaction at some future time.
(43)
Net Assignable Square Feet (NASF)--The sum of all areas
within the interior walls of rooms on all floors of a building assigned to,
or available for assignment to, an occupant or use, excluding unassigned areas.
NASF includes auxiliary space and E&G space.
(44)
New Construction--The creation of 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 gross square
footage to an institution's existing space.
(45)
Non-student Sources--Funds generated from athletic department
operations, gifts and grants, facility usage fees, related revenue, and appropriated
funds.
(46)
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.
(47)
Parking Structure--A facility or garage used for housing
or storing vehicles. Included are garages, boathouses, airport hangars, and
similar buildings. Barns or similar field buildings that house farm implements
and surface parking lots are not included.
(48)
Phased Project--A project that has more than one part,
each one having fixed beginning and ending dates, specified cost estimates,
and scope. Phased projects consider future phase needs in the project plan;
each phase is able to stand alone as an individual project.
(49)
Private Funding--Gifts, grants, or other funds to be used
for facilities development projects that are provided by persons or entities
other than the university or institution requesting consideration of the project.
(50)
Project--The process that includes the construction, repair,
renovation, addition, alteration of a campus, building, or facility, or its
infrastructure, or the acquisition of real property.
(51)
Real Property--Land with or without improvements such
as buildings.
(52)
Repair and Renovation (R&R)--Construction upgrades
to an existing building, facility, or infrastructure that currently exists
on campus; this includes the finish-out of shell space. R&R may add E&G
NASF space.
(53)
Replacement Value--The value of an institution's overall
campus facilities, as determined annually by the Board. The method of calculation
is based upon recently approved Board project costs, with adjustments based
upon room types and the institution's location within the state. Replacement
values for public universities, the Lamar State Colleges, and the Texas State
Technical Colleges are calculated only for E&G space. Replacement values
for public health-related institutions are calculated for the NASF space.
Replacement values are used to measure the validity of construction projects
that are submitted to the Board for approval and are not recommended for insurance
purposes.
(54)
Research Facility--A facility used primarily for experimentation,
investigation, or training in research methods, professional research and
observation, or a structured creative activity within a specific program.
Included are laboratories used for experiments or testing in support of instructional,
research, or public service activities.
(55)
Shell Space--An area within a building with an unfinished
interior designed to be converted into usable space at a later date.
(56)
Space Need--The result of the comparison of an institution's
actual space to the predicted need as calculated by the Board's Space Projection
Model.
(57)
Standard--Basis, criteria, or benchmark used for evaluating
the merits of a project request or an institutional comparison to a benchmark.
(58)
Technical Research Building--Space used for research,
testing, and training in a mechanical or scientific field. Special equipment
is required for staff and/or student experimentation or observation. Included
are specialized laboratories for new technologies that have stringent environmental
controls on air quality, temperature, vibration, and humidity. Facilities
generally include space for specialized technologies, semiconductors, biotechnology,
advanced materials, quantum computing and advanced manufacturing quantum computing
technology, nanoscale measurement tools, integrated microchip-level technologies
for measuring individual biological molecules, and experiments in nanoscale
disciplines.
(59)
Tracking Report--Institutional reports indicating the
status of approved projects.
(60)
Tuition Revenue Bonds Project--A project for which an
institution has legislative authority to finance a construction or land acquisition
project as provided for in Texas Education Code, §§55.01 - 55.25.
(61)
Unimproved Real Property--Real property on which there
are no buildings or facilities.
(62)
University System--The association of one or more public
senior colleges or universities, medical or dental units, or other agencies
of higher education under the policy direction of a single governing board.
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 2, 2005.
TRD-200500475
Jan Greenberg
General Counsel
Texas Higher Education Coordinating Board
Effective date: February 22, 2005
Proposal publication date: November 26, 2004
For further information, please call: (512) 427-6114
19 TAC §17.12
The Texas Higher Education Coordinating Board adopts amendments
to §17.12, concerning Campus Planning with changes to the proposed text
as published in the November 26, 2004, issue of the
Texas Register
(29 TexReg 10864).
Specifically, these amendments provide for the delegation of project approval
authority to the Assistant Commissioner. The amendments adjust thresholds
for delegated authority from the Board to the Committee on Campus Planning,
the Commissioner of Higher Education, and the Deputy Commissioner when acting
on behalf of the Commissioner, to expedite processing facilities development
applications.
The following comments were received regarding the section:
Comment: Texas Tech University commented on the threshold levels proposed
in the rules suggesting clarification of the approval thresholds to ensure
that there was no overlap by using the phrase "but less than" in lieu of the
proposed term "but not more than" in all of §17.12 of Board rules regarding
Delegation of Approval Authority.
Response: The Board concurs with this comment and has proposed clarifying
language for the thresholds.
Comment: The University of Texas System commented on the threshold levels
proposed in the rule indicating that the proposal is a positive step in the
right direction.
Response: The Board appreciates the positive comment.
Comment: One commenter asked if the agency reorganization in process would
affect the approval authority of the Assistant Commissioner, Finance, Campus
Planning, and Research.
Response: The Board amends the definition in §17.3(5) and §17.12
to read only "Assistant Commissioner".
Comment: The University of Texas System made additional comments related
to the rules regarding the Board's statutory authority and interpretation
of the statutes related to deferred maintenance, Master Plan reports, audits,
and Energy Savings Performance Contracts.
Response: These comments are related to sections not under consideration
by the Board.
The amendments are adopted under Texas Education Code, §61.027,
which provides the Board with the authority to adopt rules, and Texas Education
Code, §61.058 and §61.0572.
§17.12.Delegation of Approval Authority.
(a)
Commissioner. The Board authorizes the Commissioner, and
the Deputy Commissioner when acting on behalf of the Commissioner, to review
or approve the following types of projects upon certification of authority
by the proposing institution's governing board that the project meets all
of the specified Board standards for that project type.
(1)
New construction with a total project cost of $15 million
but less than $25 million;
(2)
Repair and renovation of existing buildings or facilities
with a total project cost of $15 million but less than $25 million;
(3)
Gifts or acquisition of improved real property with E&G
space having a value of $5 million but less than $10 million;
(4)
Purchase of real property having a value of $5 million
but less than $10 million;
(5)
Evaluation of projects funded more than 50 percent with
tuition revenue bond proceeds that meet Board standards having a total projected
cost of $25 million or more;
(6)
Auxiliary enterprise projects being acquired, constructed,
or renovated without the use of state general revenue funds and with a total
project cost of $10 million but less than $25 million;
(7)
Projects previously reviewed or approved by the Commissioner
but requiring first or second reconsideration under the provisions of §17.14
of this title (relating to Re-approval of Projects), providing they continue
to be eligible for Commissioner approval;
(8)
Projects previously reviewed or approved by the Board,
Committee, or Commissioner that require reconsideration under the provisions
of §17.14 of this title (relating to Re-approval of Projects) relating
to any change in the funding source of an approved project with a total projected
cost of $25 million or more; and
(9)
New construction, major repair and renovation, or property
acquisition that affects only the University System and not a member institution,
and has a total projected cost of $15 million but less than $25 million;
(10)
Emergency requests eligible for Commissioner approval
under the provisions of §17.22 of this title (relating to Emergency Approval
of Projects); and
(11)
Any project referred to the Commissioner by the Assistant
Commissioner.
(b)
Assistant Commissioner. The Board authorizes the Assistant
Commissioner to approve the following types of projects, upon certification
of authority by the proposing institution's governing board that the project
meets all of the specified Board standards for that project type:
(1)
New construction with a total project cost less than $15
million;
(2)
Repair and renovation of existing buildings or facilities
with a total project cost less than $15 million;
(3)
Gifts or acquisition of improved real property with E&G
space having a value less than $5 million;
(4)
Purchase of real property having a value less than $5 million;
(5)
Evaluation of projects funded more than 50 percent with
tuition revenue bond proceeds that meet Board standards with a total projected
cost less than $25 million;
(6)
Auxiliary enterprise projects being acquired, constructed,
or renovated without the use of state general revenue funds and with a total
project cost less than $10 million;
(7)
Projects previously reviewed or approved by the Assistant
Commissioner but requiring first or second reconsideration under the provisions
of §17.14 of this title (relating to Re-approval of Projects), providing
they continue to be eligible for Assistant Commissioner approval;
(8)
Projects previously reviewed or approved by the Board,
Committee, Assistant Commissioner that require reconsideration under the provisions
of §17.14 of this title (relating to Re-approval of Projects) relating
to any change in the funding source of an approved project with a total projected
cost less than $25 million; and
(9)
New construction, major repair and renovation, or property
acquisition that affects only the University System, and not a member institution,
and has a total projected cost less than $15 million.
(c)
Committee on Campus Planning. The Board authorizes the
Committee to approve the following types of projects, upon certification of
authority by the proposing institution's governing board:
(1)
New construction projects having a total project cost of
$25 million but less than $50 million;
(2)
Repair and renovation of existing buildings or facilities
having a total project cost of more than $25 million;
(3)
Purchase of real property having a value of $10 million
but less than $25 million;
(4)
Gifts or acquisition of improved real property with E&G
space having a value of $10 million but less than $25 million;
(5)
Evaluation of projects funded more than 50 percent with
tuition revenue bond proceeds and not qualifying for Commissioner approval;
(6)
Auxiliary enterprise projects having a total project cost
of $25 million but less than $50 million;
(7)
Projects previously approved but requiring re-approval
under the provisions of §17.14 of this title (relating to Re-approval
of Projects) and not eligible for re-approval by the Commissioner;
(8)
Any new construction, major repair and renovation, or property
acquisition submitted by a University System that only affects the system,
and not a component institution with a total projected cost of $25 million
or more;
(9)
Emergency requests eligible for Committee approval under
the provisions of §17.22 of this title (relating to Emergency Approval
of Projects).
(10)
Any project referred to the Committee by the Commissioner,
or the Assistant Commissioner; and
(11)
Any project requiring a third re-approval under the provisions
of §17.14 of this title (relating to Re-approval of Projects).
(d)
Board. The following types of projects shall be approved
by the Board:
(1)
New construction with a total project cost of $50 million
or more;
(2)
Purchase of real property having a value of $25 million
or more;
(3)
Gifts or acquisition of improved real property with E&G
space having a value of $25 million or more;
(4)
Auxiliary enterprise projects costing $50 million or more;
and
(5)
Any project referred to the Board by the Committee or the
Commissioner.
(e)
The Commissioner may refer projects to the Committee or
the Board. The Committee may refer projects to the Board. The Assistant Commissioner
may refer projects to the Committee.
(f)
Decisions of the Committee on Campus Planning are final.
Decisions of the Commissioner may be appealed to the Board.
(g)
Decisions of the Assistant Commissioner may be appealed
to the Committee.
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 2, 2005.
TRD-200500476
Jan Greenberg
General Counsel
Texas Higher Education Coordinating Board
Effective date: February 22, 2005
Proposal publication date: November 26, 2004
For further information, please call: (512) 427-6114
19 TAC §17.30
The Texas Higher Education Coordinating Board adopts amendments
to §17.30 concerning Campus Planning with changes to the proposed text
as published in the November 26, 2004, issue of the
Texas Register
(29 TexReg 10866). Specifically, these amendments provide
for efficiency thresholds for clinical facilities, technical research buildings,
and parking structures.
The following comments were received regarding the sections:
Comment: Texas Tech University questioned the use of a standard for parking
structures, suggesting that the parking industry does not use efficiency in
the form of a percent for these facilities, but uses a measure of square feet
(SF) per car. It was suggested that 300 SF per car would be an excellent structure
on a perfect site, with an average structure achieving an efficiency of 350
to 400 SF per car. The commenter recommended that the efficiency of a parking
garage be eliminated from the rules.
Response: As a result of this review, the Board agrees with this comment
and establishes the standard for parking structures at an efficiency of 300
SF per parking space for automobile facilities; 325 SF per parking space for
boathouses; and 1,000 SF per parking space for airplanes. The rule provides
that if the parking structure does not meet this standard, the project may
be approved if the institution demonstrates that the lower efficiency is due
to the shape of the available land or site or other conditions that warrant
the lower efficiency.
Comment: The University of Texas System made a general comment on the standards
section of the rules and asks for an impartial opinion regarding the statutory
authority of the agency and greater input into developing all standards.
Response: Involvement by the universities, colleges, and health-related
institutions has been paramount in recommending changes to the rules. Several
Working Groups and generous informal communications have been evident in the
development of the Campus Planning rules. Changes to rules requested by this
university system have been considered and the Board recommends that dialog
continues. No specific change to the rules is proposed by the university system.
Comment: The University of Texas System made additional comments related
to the rules regarding the Board's statutory authority and interpretation
of the statutes related to deferred maintenance, Master Plan reports, audits,
and Energy Savings Performance Contracts.
Response: These comments are related to sections not under consideration
by the Board.
The amended section is adopted under Texas Education Code, §61.027,
which provides the Board with the authority to adopt rules, and Texas Education
Code, §§61.058 and 61.0572.
§17.30.Standards for New Construction and/or Addition Projects.
To obtain Board approval for a new construction and/or addition project,
an institution shall demonstrate that the project complies with the following
standards:
(1)
Institutional Standards. The institution shall demonstrate
that a new construction and/or addition project complies with the following
institutional standards:
(A)
Deferred Maintenance.
(i)
The Board standard for deferred maintenance shall be the
ratio of campus deferred maintenance costs to replacement value of 5 percent
or less.
(ii)
If the ratio of campus deferred maintenance costs to replacement
value is more than 5 percent, a project may be approved if the institution
demonstrates that:
(I)
the project is intended to reduce the deferred maintenance
on the campus, or
(II)
the institution has demonstrated a reduction in its deferred
maintenance to replacement value ratio 10 percent or more for the immediate
prior three years.
(iii)
Alternatively, if the deferred maintenance to replacement
value ratio is greater than 5 percent, a project may be approved if the institution:
(I)
submits a written plan on a form specified by the Board
for substantial progress toward meeting the standard; and
(II)
provides the Board with a statement signed by the president
of the institution, regarding its ability to support and maintain the proposed
facility while continuing to address current institutional facility maintenance
needs. The president of the institution may not delegate this authority.
(B)
Critical Deferred Maintenance.
(i)
The Board standard for critical deferred maintenance is
zero.
(ii)
If the critical deferred maintenance is greater than zero,
a project may be approved if the institution:
(I)
Develops an acceptable plan in place to address any critical
deferred maintenance reported on the master plan; and
(II)
the institution shall demonstrate progress towards meeting
the plan goals; and
(III)
the institution shall provide the Board with a statement
signed by the president of the institution regarding its ability to support
and maintain the proposed facility while continuing to address current institutional
facility maintenance needs. The president of the institution may not delegate
this authority.
(2)
Project Standards. The institution shall demonstrate that
a new construction or addition project complies with the following project
standards:
(A)
Space Need--The project shall not create a campus space
surplus, or add to an existing surplus, as determined by the Board's space
projection model report, required by § 17.100 of this title (relating
to Board Reports).
(i)
If the institution has a predicted surplus of space in
the current Space Projection Model report and the project is required to accommodate
future predicted enrollment growth, the Board may consider a written plan
from the institution, on a form specified by the Board, for substantial progress
toward meeting the standard. The plan must include:
(I)
an explanation of the expected growth and how the predicted
growth will impact the institution;
(II)
a demonstration of progress towards eliminating the surplus;
(III)
a statement regarding the ability of the institution
to support and maintain the proposed facility while continuing to address
current institutional facility needs; and
(IV)
a demonstration that, upon completion of the project,
the institution will comply with the Board standard and eliminate the space
surplus.
(V)
The plan shall be signed by the president of the institution.
The president of the institution may not delegate this authority within the
requesting institution.
(ii)
If more than one project is submitted for an agenda, all
projects submitted for the current agenda will be considered in the determination
of a campus surplus or deficit.
(B)
Cost--The construction building cost per gross square foot
shall be within the range of similar projects approved by the Board within
the last five years, adjusted for inflation as described in the board's Construction
Cost report (§ 17.100 of this title relating to Board Reports). If the
construction cost per gross square foot exceeds the maximum cost of similarly
approved projects, the cost per gross square foot shall not exceed the highest
actual construction cost per gross square foot reported to R.S. Means unless
the institution can demonstrate that the higher cost is due to market conditions
or other circumstances that warrant the higher cost.
(C)
Efficiency--The ratio of NASF to GSF for the space in projects
for classrooms and general purpose facilities shall be 0.60 or greater. Where
the following specialized space is predominant in the project, the ratios
of NASF to GSF shall be as follows:
(i)
Office space: 0.65 or greater;
(ii)
Clinical facility; 0.50 or greater;
(iii)
Diagnostic support laboratories: 0.50 or greater; and
(iv)
Technical research buildings: 0.50 or greater; and
(v)
Parking structure: and
(I)
300 Square Feet per parking space for automobile facilities;
(II)
325 Square Feet per parking space for boathouses; and
(III)
1,000 Square Feet per parking space for airplanes.
(IV)
If the parking structure does not meet this standard,
the project may be approved if the institution demonstrates that the lower
efficiency is due to the shape of the available land or site or other conditions
that warrant the lower efficiency.
(vi)
For mixed-use facilities, the ratio of NASF to GSF shall
be calculated for each space type and considered separately.
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 2, 2005.
TRD-200500477
Jan Greenberg
General Counsel
Texas Higher Education Coordinating Board
Effective date: February 22, 2005
Proposal publication date: November 26, 2004
For further information, please call: (512) 427-6114
Subchapter F. PROVISIONS FOR THE SCHOLARSHIP PROGRAMS FOR VOCATIONAL NURSING STUDENTS
19 TAC §22.112
The Texas Higher Education Coordinating Board adopts an amendment
to §22.112 concerning the Provisions for the Scholarship Programs for
Vocational Nursing Students, without changes to the proposed text as published
in the November 19, 2004, issue of the
Texas Register
(29 TexReg 10674). Specifically, on February 1, 2004, the Board of
Vocational Nurse Examiners, which regulated the practice of licensed vocational
nurses in Texas, ceased to exist as a separate agency. Licensed vocational
nurses are now regulated by the Board of Nurse Examiners. The amendment reflects
the change and eliminates any confusion regarding the licensing agency for
vocational nurses.
No comments were received regarding the amendments.
The amendment is adopted under the Texas Education Code, §61.656,
which allows the Coordinating Board the authority to make rules regarding
the establishment and administration of a scholarship program for vocational
nursing students.
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 2, 2005.
TRD-200500478
Jan Greenberg
General Counsel
Texas Higher Education Coordinating Board
Effective date: February 22, 2005
Proposal publication date: November 19, 2004
For further information, please call: (512) 427-6114
Chapter 101.
ASSESSMENT
Subchapter BB. COMMISSIONER'S RULES CONCERNING THE STUDENT SUCCESS INITIATIVE
Chapter 5.
RULES APPLYING TO PUBLIC UNIVERSITIES AND/OR HEALTH-RELATED INSTITUTIONS OF HIGHER EDUCATION IN TEXAS
Chapter 7.
PRIVATE AND OUT-OF-STATE PUBLIC POSTSECONDARY EDUCATIONAL INSTITUTIONS OPERATING IN TEXAS
Chapter 17.
CAMPUS PLANNING
Subchapter B. BOARD APPROVAL
Subchapter D. RULES APPLYING TO NEW CONSTRUCTION AND ADDITION PROJECTS
Chapter 22.
GRANT AND SCHOLARSHIP PROGRAMS
Part 2.
TEXAS EDUCATION AGENCY