TITLE 19.EDUCATION

Part 2. TEXAS EDUCATION AGENCY

Chapter 61. SCHOOL DISTRICTS

Subchapter CC. COMMISSIONER'S RULES CONCERNING SCHOOL FACILITIES

19 TAC §61.1035

The Texas Education Agency (TEA) withdraws the amendment to §61.1035, concerning assistance with payment of existing debt that was published as proposed in the October 21, 2005, issue of the Texas Register (30 TexReg 6898). The section includes provisions relating to the establishment of eligibility; definition of qualifying debt service; and explanations of limits on assistance, data and payment cycles, deposits and uses of funds, and refinancing of eligible debt. The proposed amendment would have modified eligibility for the Existing Debt Allotment (EDA) based on changes to statutory language, in accordance with Senate Bill 1863, 79th Texas Legislature, 2005. The proposed changes also would have added requirements for districts to disclose transactions that affect EDA eligible bonds, including related debt derivative agreements and refunding transactions. Another proposed change would have established requirements for maintaining eligibility for bonds that are refunded. A new proposal addressing statutory changes and updates to the program will be brought forward at a future date. The EDA program will continue to operate under existing provisions until such time that future rule action amends the program.

Public comments on the proposed amendment were received subsequent to publication in the Texas Register . In addition, in response to public hearing requests submitted by the Texas Association of School Administrators, Texas Association of School Boards, Northside Independent School District, and Fast Growth School Coalition, a public hearing to solicit testimony and input on the proposed amendment to 19 TAC §61.1035 was held on Thursday, December 8, 2005. Comments received on the proposed amendment will be considered during the development of a revised proposal.

Filed with the Office of the Secretary of State on April 13, 2006.

TRD-200602152

Cristina De La Fuente-Valadez

Director, Policy Coordination

Texas Education Agency

Effective date: April 13, 2006

For further information, please call: (512) 475-1497