Review of Agency Rules

Proposed Rule Reviews

Texas Higher Education Coordinating Board

Title 19, Part 1

The Texas Higher Education Coordinating Board files this notice of intention to review Chapter 17, concerning Campus Planning. This review is in accordance with the requirements of the Texas Government Code, §2001.039.

The agency's reason for adopting the rules contained in this chapter continues to exist.

Comments on the proposed review may be submitted to Raymund A. Paredes, Commissioner of Higher Education, P.O. Box 12788, Austin, Texas 78711.

TRD-200800737

Bill Franz

General Counsel

Texas Higher Education Coordinating Board

Filed: February 7, 2008


The Texas Higher Education Coordinating Board files this notice of intention to review Chapter 21, concerning Student Services. This review is in accordance with the requirements of the Texas Government Code, §2001.039.

The agency's reason for adopting the rules contained in this chapter continues to exist.

Comments on the proposed review may be submitted to Raymund A. Paredes, Commissioner of Higher Education, P.O. Box 12788, Austin, Texas 78711.

TRD-200800738

Bill Franz

General Counsel

Texas Higher Education Coordinating Board

Filed: February 7, 2008


The Texas Higher Education Coordinating Board files this notice of intention to review Chapter 22, concerning Grant and Scholarship Programs. This review is in accordance with the requirements of the Texas Government Code, §2001.039.

The agency's reason for adopting the rules contained in this chapter continues to exist.

Comments on the proposed review may be submitted to Raymund A. Paredes, Commissioner of Higher Education, P.O. Box 12788, Austin, Texas 78711.

TRD-200800739

Bill Franz

General Counsel

Texas Higher Education Coordinating Board

Filed: February 7, 2008


The Texas Higher Education Coordinating Board files this notice of intention to review Chapter 25, concerning Optional Retirement Program. This review is in accordance with the requirements of the Texas Government Code, §2001.039.

The agency's reason for adopting the rules contained in this chapter continues to exist.

Comments on the proposed review may be submitted to Raymund A. Paredes, Commissioner of Higher Education, P.O. Box 12788, Austin, Texas 78711.

TRD-200800740

Bill Franz

General Counsel

Texas Higher Education Coordinating Board

Filed: February 7, 2008


Texas State Library and Archives Commission

Title 13, Part 1

The Texas State Library and Archives Commission proposes to review its rules in 13 TAC Chapter 1 concerning library development pursuant to the requirements of the Government Code §2001.039.

The rules were adopted pursuant to the Government Code §441.136 that requires the Texas State Library and Archives Commission to adopt rules regarding the administration of the program of state grants, including qualifications for major resource system membership. The rules are necessary to carry out the statutory obligations of the Texas State Library and Archives Commission administer grant programs, including the Texas Library Systems.

Written comments on the review of rules in 13 TAC Chapter 1 may be directed to Deborah Littrell, Director, Library Development Division, Box 12927, Austin, Texas 78711-2927. Faxed comments may be sent to (512) 463-8800.

TRD-200800802

Edward Seidenberg

Assistant State Librarian

Texas State Library and Archives Commission

Filed: February 11, 2008


The Texas State Library and Archives Commission proposes to review its rules in 13 TAC Chapter 4 concerning school library programs pursuant to the requirements of the Government Code §2001.039.

The rules were adopted pursuant to the Education Code §33.021 that requires the Texas State Library and Archives Commission to adopt standards regarding school library programs. The rules are necessary to carry out the statutory obligations of the Texas State Library and Archives Commission for the establishment of standards for school library programs.

Written comments on the review of rules in 13 TAC Chapter 4 may be directed to Deborah Littrell, Director, Library Development Division, Box 12927, Austin, Texas 78711-2927. Faxed comments may be sent to (512) 463-8800.

TRD-200800801

Edward Seidenberg

Assistant State Librarian

Texas State Library and Archives Commission

Filed: February 11, 2008


Adopted Rule Reviews

Comptroller of Public Accounts

Title 34, Part 1

The Comptroller of Public Accounts adopts the review of Texas Administrative Code, Title 34, Part 1, Chapter 1, concerning Central Administration, Chapter 5, concerning Funds Management (Fiscal Affairs), and Chapter 6, concerning Investment Management, pursuant to Government Code, §2001.039. The review assessed whether the reasons for adopting the chapters continue to exist.

The comptroller received no comments on the proposed review, which was published in the September 21, 2007, issue of the Texas Register (32 TexReg 6567).

Relating to the review of Chapter 1, Subchapter A, Division 1, Subchapter E, and Subchapter F continue to exist and the comptroller readopts the sections without changes in accordance with the requirements of Government Code, §2001.039. As a result of the review, Chapter 1, Subchapter A, Division 2, §§1.51, 1.52, 1.54 - 1.56, 1.58 - 1.60 will be amended in separate rulemakings in accordance with the Texas Administrative Procedure Act. As a result of the review, Chapter 1, Subchapter A, Division 3, §1.71 will be repealed and §1.72 will be amended in separate rulemakings in accordance with the Texas Administrative Procedure Act. As a result of the review, the comptroller will propose the repeal of all sections in Subchapters B, C, and D in a separate rulemaking in accordance with the Texas Administrative Procedure Act.

Relating to the review of Chapter 5, Subchapters A, B, D, and L continue to exist and the comptroller readopts the sections without changes in accordance with the requirements of Government Code, §2001.039. As a result of the review of Chapter 5, Subchapter C, §5.22, Subchapter E, §§5.51, 5.54, and 5.57, Subchapter F, §5.61, Subchapter N, §5.160 and Subchapter O, §5.200, will subsequently be amended in accordance with the Texas Administrative Procedure Act.

Relating to the review of Chapter 6, the comptroller finds that the reasons for adopting Chapter 6 continue to exist and readopts the sections at this time without changes in accordance with the requirements of Government Code, §2001.039.

This concludes the review of Texas Administrative Code, Title 34, Part 1, Chapter 1, Chapter 5, and Chapter 6.

TRD-200800742

Martin Cherry

General Counsel

Comptroller of Public Accounts

Filed: February 7, 2008


Texas Higher Education Coordinating Board

Title 19, Part 1

The Texas Higher Education Coordinating Board (Board) adopts the review of Chapter 7, concerning Private and Out-of-State Public Postsecondary Educational Institutions Operating in Texas. The proposed notice of review was published in the December 7, 2007, issue of the Texas Register (32 TexReg 9135). During its review, the Board determined that the initial reasons for adopting these sections continue to exist. The rules are, therefore, readopted in accordance with the requirements of the Government Code, §2001.039.

This concludes the Board's review of Chapter 7 as required by the Texas Government Code, §2001.039.

TRD-200800729

Bill Franz

General Counsel

Texas Higher Education Coordinating Board

Filed: February 6, 2008


The Texas Higher Education Coordinating Board adopts the review of Chapter 8 concerning Creation, Expansion, Dissolution, or Conservatorship of Public Community College Districts. The proposed notice of review was published in the December 7, 2007, issue of the Texas Register (32 TexReg 9135). During its review, the Board determined that the initial reasons for adopting these sections continue to exist. The rules are therefore readopted in accordance with the requirements of the Government Code, §2001.039.

This concludes the Board's review of Chapter 8 as required by the Texas Government Code, §2001.039.

TRD-200800730

Bill Franz

General Counsel

Texas Higher Education Coordinating Board

Filed: February 6, 2008


The Texas Higher Education Coordinating Board adopts the review of Chapter 9 concerning Program Development in Public Two-Year Colleges. The proposed notice of review was published in the December 7, 2007, issue of the Texas Register (32 TexReg 9135). During its review, the Board determined that the initial reasons for adopting these sections continue to exist. The rules are therefore readopted in accordance with the requirements of the Government Code, §2001.039.

This concludes the Board's review of Chapter 9 as required by the Texas Government Code, §2001.039.

TRD-200800731

Bill Franz

General Counsel

Texas Higher Education Coordinating Board

Filed: February 6, 2008


The Texas Higher Education Coordinating Board (Board) adopts the review of Chapter 10, concerning Institutional Effectiveness in Public Two-Year Colleges. The proposed notice of review was published in the December 7, 2007, issue of the Texas Register (32 TexReg 9135). During its review, the Board determined that the initial reasons for adopting these sections continue to exist. The rules are, therefore, readopted in accordance with the requirements of the Government Code, §2001.039.

This concludes the Board's review of Chapter 10 as required by the Texas Government Code, §2001.039.

TRD-200800732

Bill Franz

General Counsel

Texas Higher Education Coordinating Board

Filed: February 6, 2008


The Texas Higher Education Coordinating Board adopts the review of Chapter 11 concerning Texas State Technical College System. The proposed notice of review was published in the December 7, 2007, issue of the Texas Register (32 TexReg 9135). During its review, the Board determined that the initial reasons for adopting these sections continue to exist. The rules are therefore readopted in accordance with the requirements of the Government Code, §2001.039.

This concludes the Board's review of Chapter 11 as required by the Texas Government Code, §2001.039.

TRD-200800733

Bill Franz

General Counsel

Texas Higher Education Coordinating Board

Filed: February 6, 2008


The Texas Higher Education Coordinating Board (Board) adopts the review of Chapter 12, concerning Career Schools and Colleges. The proposed notice of review was published in the December 7, 2007, issue of the Texas Register (32 TexReg 9136). During its review, the Board determined that the initial reasons for adopting these sections continue to exist. The rules are, therefore, readopted in accordance with the requirements of the Government Code, §2001.039.

This concludes the Board's review of Chapter 12 as required by the Texas Government Code, §2001.039.

TRD-200800734

Bill Franz

General Counsel

Texas Higher Education Coordinating Board

Filed: February 6, 2008