Part 3. TEACHER RETIREMENT SYSTEM OF TEXAS
Chapter 41. HEALTH CARE AND INSURANCE PROGRAMS
Subchapter C. TEXAS SCHOOL EMPLOYEES GROUP HEALTH (TRS-ACTIVECARE)
34 TAC §§41.34, 41.36, 41.38, 41.39
The Board of Trustees (Board) of the Teacher Retirement System of Texas (TRS) adopts amendments to the following rules for the health benefits program for active public education employees (TRS-ActiveCare) administered by TRS, as trustee: §41.34, relating to eligibility for coverage under TRS-ActiveCare; §41.36, relating to enrollment periods for TRS-ActiveCare; §41.38, relating to termination date of coverage under TRS-ActiveCare; and §41.39, relating to coverage under TRS-ActiveCare for individuals changing employers. The amended sections are adopted mainly to address a new, extended enrollment opportunity and to address revised special enrollment events under TRS-ActiveCare. Section 41.36 is adopted with changes to the proposed text as published in the November 30, 2007, issue of the Texas Register (32 TexReg 8704). Sections 41.34, 41.38, and 41.39 are adopted without changes and will not be republished. Amended §41.36 is adopted with technical, clarifying, non-substantive changes to the proposed text as published in the November 30, 2007, issue of the Texas Register. In the March 21, 2008, issue of the Texas Register (33 TexReg 2553 and 2555) related amendments are adopted for rules concerning the health benefits program for TRS retirees administered by TRS as trustee for the program, TRS-Care: 34 TAC §41.2 (Additional Enrollment Opportunity) and §41.7 (Effective Date of Coverage).
Changes to §22.004 of the Education Code (relating to Group Health Benefits for School Employees), made pursuant to House Bill 973, 80th Legislature, Regular Session (2007) (H.B. 973), entitle school district employees who resign effective after the last day of an instructional year to participate or be enrolled in their existing coverage, whether under TRS-ActiveCare or under some other coverage offered by the district, for an additional period of time beyond the date of resignation. In the usual situation, this additional period of time will extend existing coverage through the summer months (i.e., June, July, and August).
In light of the above, one of the substantive adopted amendments to §41.34 is the addition of a new paragraph (5) that recognizes this additional period of time for coverage as another eligibility factor. The substantive adopted amendments to §41.38 are all located in the new subsection (b). That subsection provides that a covered individual who resigns his employment position with a participating entity effective after the last day of an instructional year and who is in "good standing" with TRS-ActiveCare at the time of the effective date of resignation, is entitled to automatically remain enrolled in TRS-ActiveCare, through the first anniversary of the date participation in or coverage under TRS-ActiveCare was first made available to employees of that participating entity for the last instructional year in which the covered individual was employed by the participating entity, provided none of the events described in provisions of §41.38(a) occur after the effective date of the covered individual's resignation. Consequently, if the employer of the covered individual became a participating entity in TRS-ActiveCare on or before the September 1st that immediately preceded the effective date of resignation by the covered individual, then the covered individual shall automatically be entitled to coverage through the August 31st that immediately follows the effective date of resignation, assuming termination does not sooner occur due to the occurrence of an event described in provisions of §41.38(a) after the effective date of the covered individual's resignation. Alternatively, if the employer of the covered individual became a participating entity in TRS-ActiveCare after the September 1st that immediately preceded the effective date of resignation by the covered individual, then the covered individual shall automatically be entitled to coverage through the end of the 12th month of that participating entity's participation in TRS-ActiveCare, assuming termination does not sooner occur due to the occurrence of an event described in provisions of §41.38(a) after the effective date of the covered individual's resignation. A dependent enrolled in TRS-ActiveCare under a covered individual who qualifies for continued coverage pursuant to §41.38(b) is also automatically entitled to remain enrolled in TRS-ActiveCare only for such time as the covered individual remains enrolled in TRS-ActiveCare. Section 41.38(b) also contains a definition of "good standing" and various directives concerning the term "instructional year."
Pursuant to Board authorization granted in February 2007, TRS filed the appropriate documentation with the Centers for Medicare & Medicaid Services (CMS) to elect to exempt (i.e., opt out) TRS-ActiveCare from Provisions 2 and 3 of the Health Insurance Portability and Accountability Act of 1996 (HIPAA). Provision 2 of HIPAA addresses special enrollment events.
The other substantive adopted amendment to §41.34, located in renumbered paragraph (8), reflects TRS-ActiveCare's opting out of the special enrollment provision of HIPAA. Consequently, the special enrollment events of TRS-ActiveCare are described and defined in adopted amendments to §41.34(8), through the adoption of HIPAA standards, save and except as to listed exceptions to HIPAA contained therein. The substantive amendments found in §41.36(d) and §41.39(a)(1) are similar. Amended §41.36(d) will reference the description and definition of special enrollment events found in adopted amendments to §41.34(8). The deletion of the second sentence in §41.36(d) is adopted because this language is being adopted as an addition to §41.34(8). The remaining adopted changes to §41.36 and §41.39 are for purposes of clarification.
Section 41.36 is adopted with technical, clarifying, non-substantive changes to the proposed text as published. In subsections (e), (f), and (g) of amended §41.36, similar changes are adopted to move the requirements for an effective election under each of those subsections to the main body of the subsection from paragraph (2) in each case. Such reformatting does not substantively change the language of the proposed text or the requirements of an effective election under subsections (e), (f), and (g) of adopted §41.36. In addition, the word "shall" is changed to "may" in subsection (g) of adopted §41.36 to clarify the true nature of the options available to affected persons under that subsection and to make that subsection consistent with similar, unamended language in subsections (e) and (f) of adopted §41.36. Specifically, a covered employee to whom subsection (e), (f), or (g) applies is offered the opportunity to make one of the elections provided under the applicable subsection but is not required to do so. A covered employee could decide not to make an election to enroll or remain enrolled in the TRS-ActiveCare program via an approved HMO or via a TRS-ActiveCare preferred provider organization coverage plan.
No comments were received regarding the proposed amended sections.
Statutory Authority: The amended sections are adopted under the authority of §1579.052, Insurance Code, which authorizes the Board to adopt rules it considers necessary to implement and administer the TRS-ActiveCare program.
§41.36.Enrollment Periods for TRS-ActiveCare.
(a) A full-time or part-time employee who becomes employed in an eligible capacity with a participating entity has an initial enrollment period of 31 days, beginning on the first day that the full-time or part-time employee becomes employed in an eligible capacity with a participating entity and ending at 11:59 p.m. Austin Time on the 31st day thereafter.
(b) A full-time or part-time employee whose employer becomes a participating entity has an initial enrollment period beginning no later than 31 days prior to the date on which the employer becomes a participating entity and ending on the last calendar day of the month immediately preceding the date on which the employer becomes a participating entity ("end date"). Notwithstanding the preceding sentence, a large school district, as defined hereafter, that becomes a participating entity after September 1, 2003, may recommend an initial enrollment period of not less than 31 days that closes before the end date. A recommended initial enrollment period that closes before the end date is subject to approval by TRS. As used in this section, a large school district shall mean a school district that had 1001 or more employees at any time during the 2001 school year, as reflected on any report received by TRS from that school district for a reporting period in that school year.
(c) A full-time or part-time employee's eligible dependents, if covered, must be enrolled in the same coverage plan as the full-time or part-time employee under whom they qualify as a dependent. Except as otherwise provided under applicable state or federal law, an eligible full-time or part-time employee may not change coverage plans or add dependents during a plan year.
(d) The enrollment period for an individual who becomes eligible for coverage due to a special enrollment event, as described in §41.34(8) of this title (relating to Eligibility for Coverage under the Texas School Employees Uniform Group Health Coverage Program), shall be the 31 calendar days immediately after the date of the special enrollment event. To make an effective election, a completed enrollment form must be received by a participating entity or the health plan administrator of TRS-ActiveCare within this 31-day period.
(e) Eligible full-time and part-time employees and their eligible dependents who are enrolled in an HMO with a TRS contract that is not renewed for the next plan year may make one of the elections provided under this subsection. To make an effective election, a completed enrollment form must be received by a participating entity or the health plan administrator of TRS-ActiveCare during the plan enrollment period. Coverage under the elected option becomes effective on September 1 of the next plan year. One of the following elections may be made under this subsection:
(1) change to another approved HMO for which the full-time or part-time employee is eligible; or
(2) enroll in the TRS-ActiveCare preferred provider organization coverage plan, without preexisting condition exclusions.
(f) Eligible full-time or part-time employees and their eligible dependents who are enrolled in an HMO with a TRS contract that is terminated during the plan year may make one of the elections provided under this subsection. To make an effective election, a completed enrollment form must be received by a participating entity or the health plan administrator of TRS-ActiveCare within 31 calendar days after notice of the contract termination is sent to the eligible full-time or part-time employee by TRS or its designee. Coverage under the elected option becomes effective on a date determined by TRS. One of the following elections may be made under this subsection:
(1) change to another approved HMO for which the full-time or part-time employees and their eligible dependents are eligible; or
(2) enroll in the TRS-ActiveCare preferred provider organization coverage plan, without preexisting condition exclusions.
(g) Eligible full-time or part-time employees and their eligible dependents enrolled in an approved HMO whose eligibility status changes because the eligible full-time or part-time employee no longer resides, lives, or works in the HMO service area may make one of the elections provided under this subsection. To make an effective election, a completed enrollment form must be received by a participating entity or the health plan administrator of TRS-ActiveCare within 31 calendar days after the employee's change in eligibility status. Coverage under the elected option becomes effective on the first day of the month following the date the employee's eligibility status changed. One of the following elections may be made under this subsection:
(1) enroll in another approved HMO for which the full-time or part-time employee is eligible; or
(2) enroll in the TRS-ActiveCare preferred provider organization coverage plan, subject to applicable preexisting condition limitations.
(h) The trustee by resolution may prescribe open-enrollment periods and the conditions under which an eligible full-time or part-time employee and his eligible dependents may enroll during an open enrollment.
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 March 20, 2008.
TRD-200801533
Ronnie G. Jung
Executive Director
Teacher Retirement System of Texas
Effective date: April 9, 2008
Proposal publication date: November 30, 2007
For further information, please call: (512) 542-6438
The Board of Trustees (Board) of the Teacher Retirement System of Texas (TRS) adopts amendments to §41.91, relating to certification of insurance coverage. The amended section is adopted without changes to the proposed text as published in the December 7, 2007, issue of the Texas Register (32 TexReg 9100).
House Bill 2427, 80th Legislature, Regular Session (2007) ("H.B. 2427"), amended the provisions of §22.004 of the Education Code (relating to Group Health Benefits for School Employees) to eliminate the requirement that the executive director of TRS certify whether, for each district that does not participate in TRS-ActiveCare, the district's coverage is comparable to the basic health coverage provided under Chapter 1551, Insurance Code. Pursuant to H.B. 2427, the responsibility for each such determination now falls upon the school districts that do not participate in TRS-ActiveCare. Accordingly, amended §41.91 is adopted to conform the rule to the provisions of H.B. 2427 regarding certification of insurance coverage. To that end, the amended section defines the term "school district" in new subsection (a) to clarify that three of the four general types of entities that may be "participating entities" in TRS-ActiveCare are subject to the amended rule. The fourth general type of entity that may be a "participating entity" in TRS-ActiveCare, a regional education service center, is not included in the adopted definition because all of those centers are required to participate in TRS-ActiveCare.
In renumbered §41.91(c), each school district, not the executive director of TRS, is required to determine the comparability of the group health coverage that each district offers to its employees. For that same reason, existing §41.91(f) is deleted. Because each school district, not the TRS executive director, will be required to determine the comparability of coverage offered by the school district to its employees under these adopted amendments, the following additional changes are adopted: (i) the opening language of existing subsection (d) is changed to clarify that each school district, not TRS staff under the direction of the executive director, must develop a methodology and criteria for determining the comparability of coverage; and (ii) large portions of existing subsection (d) are eliminated.
The adopted amendments in new subsection (e), new subsection (f), and relettered subsection (g) mirror the existing and new requirements of §22.004(d), Education Code, as amended by H.B. 2427. Those subsections address various former requirements of TRS that H.B. 2427, and the related adopted amendments to §41.91, now place upon the school districts. The remaining changes to §41.91 are adopted for purposes of clarifying the rule.
No comments were received regarding the proposed amended section.
Statutory Authority: The amended section is adopted under the authority of §22.004, Education Code, which requires TRS to adopt rules for a determination of whether a school district's group health coverage is comparable to the basic health coverage offered under the Texas Employees Group Benefits Act (Chapter 1551, Insurance Code) and which authorizes the TRS executive director to determine additional appropriate information to be included in a district's report that complies with §22.004, Education Code, and that the district must submit to the TRS executive director.
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 March 20, 2008.
TRD-200801534
Ronnie G. Jung
Executive Director
Teacher Retirement System of Texas
Effective date: April 9, 2008
Proposal publication date: December 7, 2007
For further information, please call: (512) 542-6438
Chapter 181. BOND REVIEW BOARD
Subchapter A. BOND REVIEW RULES
34 TAC §§181.1 - 181.6, 181.9 - 181.11
The Texas Bond Review Board (BRB) adopts 34 TAC Chapter 181, Subchapter A, §§181.1 - 181.6 and §§181.9 - 181.11, concerning Bond Review Rules. Sections 181.2, 181.3, 181.5, and 181.10 are adopted with changes to the proposed text as published in the December 14, 2007, issue of the Texas Register (32 TexReg 9276). Sections 181.1, 181.4, 181.6, 181.9, and 181.11 are adopted without changes to the proposed text and will not be republished.
Texas Government Code, Chapter 1231 was amended by the Texas Legislature 80th Regular Session, Senate Bill 1332 effective September 1, 2007. The amendments are to address the changes in Texas Government Code Chapter 1231 and to clarify processes related to the issuance of state securities and reporting requirements.
Comments submitted by Steven E. Simmons, Texas Department of Transportation, recommended that the Texas Mobility Fund be enumerated in §181.9 as exempt from the regular BRB approval process. The agency disagreed and did not make the change. A program to be exempted is at the discretion of the Board. Mr. Simmons noted the change to §181.3(c) with no recommended changes. His comments were taken under review and no change was made. The commenter recommended that the semi-annual report remain a voluntary practice under §181.10. The agency disagreed and did not make the change. The report is necessary to ensure accurate information in meeting BRB reporting requirements. The commenter noted the absence of rules related to the Department of Transportation's (TxDOT) Private Activity Bond (PAB) rules and requested clarification. Statutory authority to adopt rules for the specific program was granted to TxDOT in Transportation Code §222.035(f). At the time of adoption, the BRB commented on those rules.
Comments submitted by Terry Hull, The University of Texas System, noted that as written §181.2(e)(2)(F) would require an issuer to execute a related credit agreement prior to seeking BRB approval of the state security. The agency agreed and made a change. Mr. Hull commented that under §181.2(e)(2)(G) certain approvals cannot be obtained prior to the notice of intent submission. The agency agreed and made the change. The commenter noted that the submission of a complete bond transcript by §181.5(a)(3)(B) is unnecessary and results in additional costs to state issuers. The agency disagreed and made no change. The transcript is a necessary reference for the agency. Mr. Hull recommended the deletion of §181.5(a)(3)(C) as unnecessary. The agency agreed and made the change. Mr. Hull recommended the deletion of §181.10(b)(1) as unnecessary. The agency agreed and made the change.
ADMINISTRATIVE CHANGES: Staff recommended the rewording of §181.3(c)(5) for clarification regarding the requirements if the lease purchase is for items subject to a guaranteed energy savings contract. The BRB agreed.
The amendments are adopted under Texas Government Code, §1231.022, which gives BRB the authority to adopt rules governing application for review, the review process, and reporting requirements involved in the issuance of state securities.
The amended rules implement Texas Government Code, Chapter 1231.
§181.2.Notice of Intention to Issue.
(a) Unless exempt pursuant to §181.9 of this title (relating to State Exemptions), an issuer intending to issue state securities shall submit a written or electronic notice of intention to issue to the bond finance office no later than the last Wednesday of the month prior to the month requested for Board consideration. Prospective issuers are encouraged to file the notice of intention as early in the issuance planning stage as possible. A notice of intention under this subsection is not required prior to each new issuance of commercial paper if the issuer's commercial paper program has been approved by the Board or if it is exempt from approval pursuant to the provisions of §181.9 of this title.
(b) A notice of intention to issue under this section shall include:
(1) A brief description of the proposed issuance, including, but not limited to, the purpose, the tentative amount, proposed security, type of interest and any related credit agreements;
(2) the proposed timing of the issuance with a tentative date of sale and a tentative date for closing, or if the state securities are to be issued in the form of commercial paper notes, the period over which the state securities will be issued for projects to be financed;
(3) A request to have the issue of state securities scheduled for consideration by the Board during a specified bi-monthly meeting; and
(4) An agreement to submit the required application described in §181.3 of this title (relating to Application for Board Approval of State Security Issuance) no later than the first Tuesday of the month in which the applicant requests Board consideration.
(c) An issuer may reschedule the date requested for Board consideration of the state securities by submitting an amended notice of intention at any time prior to the application date in the same manner as provided in this section.
(d) The requested date for Board consideration shall be granted whenever possible. If at the Board's discretion, it becomes necessary to change the date of the Board meeting for consideration of the proposed issuance of state securities, notice of such change shall be sent to the issuer as soon as possible.
(e) An issuer intending to issue state securities that are exempt from approval pursuant to §181.9 of this title shall submit during regular business hours a written or electronic notice of intent to the bond finance office at least five business days prior to the date the securities are to be issued. Prospective issuers are encouraged to file the notice of intention as early in the issuance planning stage as possible.
(1) To be considered at the next regularly scheduled planning session, if required by the Board pursuant to §181.9(d) of this title, the notice of intent must be submitted to the bond finance office no later than the last Tuesday of the month prior to a regularly scheduled Board meeting.
(2) Exempt issuers are required to submit a notice of intent which must contain:
(A) a completed exempt issuer state debt notice of intent in the form required by the bond finance office;
(B) proposed debt service schedule;
(C) proposed cash flow schedule, if applicable;
(D) proposed sources and uses statement;
(E) timetable of the financing;
(F) derivatives program summary in the form required by the bond finance office, if applicable;
(G) documentation that all necessary approvals of the issuance of the state securities or the project to be financed with the proceeds of the state securities have been obtained from the appropriate state boards or state agencies except:
(i) the approval of the state securities by the Attorney General;
(ii) environmental approvals and permits;
(H) Board memorandum for the proposed transaction prepared for issuer's governing board, if available.
§181.3.Application for Board Approval of State Securities Issuance.
(a) An officer or entity may not issue state securities unless the issuance has been approved or exempted from review by the Board. An officer or entity that has not been granted an exemption from review by the Board and that proposes to issue state securities shall apply for Board approval by filing one application with original signatures and nine copies with the Executive Director of the bond finance office. The Executive Director of the bond finance office shall forward one copy of the application to each member of the Board and one copy to the Office of the Attorney General.
(b) Applications must be filed with the bond finance office no later than the first Tuesday of the month in which the applicant requests Board consideration. Applications filed after that date will be considered at the regular meeting only with the approval of the Chair or two or more members of the Board.
(c) An application for approval of a lease-purchase agreement to be deemed complete must include:
(1) a completed lease purchase application form in the form required by the bond finance office;
(2) documentation that all necessary approvals of the issuance of the lease purchase have been obtained from the appropriate state boards or state agencies except:
(A) the approval of the state securities by the Attorney General;
(B) environmental approvals and permits;
(3) draw schedule, if applicable;
(4) proposed amortization schedule; and
(5) if the lease purchase is for the acquisition of energy conservation measures, which are subject to a guaranteed energy savings contract, a copy of the proposed contractual agreement, a copy of the third party review, and any other documentation related to the guarantee.
(d) An application for all state securities other than lease-purchase agreements to be deemed complete must include:
(1) a completed state debt application in the form required by the bond finance office;
(2) documentation that all necessary approvals of the issuance of the state securities or the project to be financed with the proceeds of the state securities have been obtained from the appropriate state boards or state agencies except:
(A) the approval of the state securities by the Attorney General;
(B) environmental approvals and permits;
(3) if a blind pool financing, a copy of the demand survey or justification indicating reasonable expectation to lend proceeds;
(4) a substantially complete draft or summary of the proposed resolution, order, or ordinance providing for the issuance of the state security;
(5) copy of preliminary official statement, if available;
(6) proposed cash flow;
(7) proposed draw schedule, if applicable;
(8) proposed sources and uses statement;
(9) timetable of the financing;
(10) derivatives program summary, in the form required by the bond finance office, if applicable; and
(11) Board memorandum for the proposed transaction prepared for issuer's governing board, if available.
(e) Applications to authorize the issuance of a state security in the form of commercial paper notes or for the approval of program proceedings authorizing the periodic issuance of commercial paper notes shall contain the information required by subsection (d) of this section to the extent it is available or capable of being determined.
(f) Commercial paper notes to fund any project or projects that will be permanently financed with tuition revenue bonds or general revenues of the state may not be issued unless the issuance of the notes, or the project or projects, have been specifically approved by the Board.
(g) At any time before the date for consideration of an application by the Board, an applicant may withdraw the application. Revisions to an application must be submitted in writing not less than 72 hours prior to the Board meeting.
(h) A member of the Board or bond finance office staff may require additional information to be submitted with respect to a complete notice of intent or application for state securities.
§181.5.Submission of Final Report.
(a) Within 60 days after the delivery of the state securities and receipt of the state security proceeds, the issuer shall submit one original of a final report in the form required by the bond finance office.
(1) For state securities issued in the form of lease purchases, the reporting requirements of subsection (b) of this section shall be applicable.
(2) For state securities issued in the form of commercial paper notes, the reporting requirements of subsection (c) of this section shall be applicable.
(3) A final report for state securities, other than lease-purchases and commercial paper, must include:
(A) all actual costs of issuance as well as the underwriting spread for competitive financings, the private placement fee for private placements, all closing costs, and any other costs incurred during the issuance process;
(B) a complete bond transcript, including the preliminary official statement and the final official statement, private placement memorandum, if applicable, or any other offering documents as well as all other executed documents pertaining to the issuance of the state security.
(b) Within 90 days after the signing of a lease purchase the purchaser shall submit an original lease purchase final report to the bond finance office. A final report for lease purchases must include a detailed explanation of the terms of the lease-purchase agreement, including but not limited to, amount of purchase, trade-in allowance, interest charges, service contracts, remaining draw amount if applicable, and a final or estimated amortization as applicable.
(c) In lieu of the reporting requirements of subsection (a) of this section, an issuer of state securities issued in the form of commercial paper notes shall submit a report to the bond finance office pursuant to §181.10(c) of this title so long as the issuer has authority to issue commercial paper under the program proceedings approved by the Board or exempt from approval pursuant to §181.9 of this title.
§181.10.State Debt Issuer Reports.
(a) All issuers whose state securities are subject to review by the Board must file state debt issuer reports with the bond finance office on a semi-annual basis. Reports shall be submitted no later than March 15 for the six month period ending the last day of February and no later than September 15 for the six month period ending August 31.
(b) The semi-annual reports shall include:
(1) an explanation of any change during the fiscal year previous to the deadline for this report, in the debt-retirement schedule for any outstanding state security issue (e.g. exercise of redemption provision, conversion from short-term to long-term securities, etc.);
(2) a description of any state security issues expected during the fiscal year, including type of issue, estimated amount, and expected month of sale;
(3) a list of all state security issues outstanding and corresponding debt service schedules for all securities outstanding in a digital and hard copy format; and
(4) a list of all interest rate management agreements, including the associated issue name, effective and termination dates, original and current notional amounts, terms of the agreement (fixed rate paid/variable rate received, variable rate paid/variable rate received), true interest cost, counterparty and counterparty ratings.
(c) An issuer of state securities issued in the form of commercial paper notes shall submit as part of the required semi-annual reports the following information for so long as the issuer has authority to issue commercial paper under program proceedings approved by the Board or exempt from approval pursuant to §181.9 of this title. The report shall contain the following information:
(1) the aggregate principal amount of commercial paper that the issuer is authorized to issue and have outstanding at any one time;
(2) the aggregate principal amount of commercial paper outstanding as of the end of such semi-annual period;
(3) the aggregate principal amount of commercial paper issued to fund project costs during such semi-annual period; and
(4) a list of the projects for which commercial paper was issued during such semi-annual period.
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 March 20, 2008.
TRD-200801528
Melissa Robbins
Financial Analyst
Texas Bond Review Board
Effective date: April 9, 2008
Proposal publication date: December 14, 2007
For further information, please call: (512) 475-4803
34 TAC §§181.21, 181.23, 181.25, 181.27, 181.29, 181.31, 181.33, 181.35
The Texas Bond Review Board (BRB) repeals 34 TAC Chapter 181, Subchapter B, §§181.21, 181.23, 181.25, 181.27, 181.29, 181.31, 181.33, and 181.35, concerning Public School Facilities Funding Program Rules, without changes to the proposal as published in the December 14, 2007, issue of the Texas Register (32 TexReg 9282).
The public school facilities funding program has been repealed by the Texas Legislature 79th Regular Session, House Bill 1106 effective June 18, 2005. The rules have become obsolete and are no longer needed.
No comments were received regarding the adoption of the repeal.
The repeal is adopted under Chapter 1231, Texas Government Code, which gives BRB the authority to adopt rules governing application for review, the review process, and reporting requirements involved in the issuance of state securities.
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 March 20, 2008.
TRD-200801529
Melissa Robbins
Financial Analyst
Texas Bond Review Board
Effective date: April 9, 2008
Proposal publication date: December 14, 2007
For further information, please call: (512) 475-4803
Subchapter A. PROGRAM RULES
The Texas Bond Review Board (BRB) adopts amendments to 34 TAC Chapter 190, Subchapter A, §§190.1 - 190.3 and §190.7, concerning the Allocation of State's Limit on Certain Private Activity Bonds, without changes to the proposed text as published in the December 21, 2007, issue of the Texas Register (32 TexReg 9587) and will not be republished.
The amendments update rules to edify procedures currently accepted by BRB staff and comply with statute as changed by Senate Bill 1332 and House Bill 3552. These laws took effect on January 1, 2008.
The purposes of the rule amendments are to comply with current statute and clarify existing BRB processes. As part of updating administrative procedures, the rule amendments clarify the difference between original carryforward procedures and the newer carryforward procedures added during the 78th Legislative Session.
The 30-day comment period ended January 20, 2008, and BRB did not receive any comments on the proposed amendments. No public hearing was requested under Texas Government Code §2001.029.
The amendments are adopted under the Texas Government Code, §1372.004, which provides the board of BRB with broad rulemaking authority to accomplish the purposes of Chapter 1372.
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 March 21, 2008.
TRD-200801548
Leslie Lawler
Assistant Attorney General
Texas Bond Review Board
Effective date: April 10, 2008
Proposal publication date: December 21, 2007
For further information, please call: (512) 475-4800