Part 1. TEXAS HIGHER EDUCATION COORDINATING BOARD
Subchapter C. RULES APPLYING TO ALL PROJECTS
The Texas Higher Education Coordinating Board proposes an amendment to §17.21, concerning Resource Planning. Specifically, the proposed amendments to §17.21(c)(2) will change the submission date from at least 70 days to at least 80 days prior to the regularly scheduled Board meeting for projects seeking Committee on Strategic Planning and Board approval.
Ms. Susan Brown, Assistant Commissioner, Planning and Accountability, has determined that for each year of the first five years the section is in effect, there will not be any fiscal implications to state or local government as a result of enforcing or administering the rules.
Ms. Brown has also determined that for each year of the first five years the section is in effect, the public benefit anticipated as a result of administering the section will be more efficient Board operations relating to institution facility project applications and approvals. There is no effect on small businesses. There are no anticipated economic costs to persons who are required to comply with the section as proposed. There is no impact on local employment.
Comments on the proposal may be submitted to Jeff Treichel, Director, Finance and Resource Planning, 1200 East Anderson Lane, Austin, TX 78752, jeff.treichel@thecb.state.tx.us. Comments will be accepted for 30 days following publication of the proposal in the Texas Register.
The amendment is proposed under the Texas Education Code, §§61.027, 61.0572, 61.058, and 51.927.
The amendment affects Texas Education Code, §§61.0572, 61.058, and 51.927.
§17.21.Application Procedures.
(a) - (b) (No change.)
(c) Project submission schedule:
(1) (No change.)
(2) Projects to be considered by the Committee on Strategic
Planning or the Board shall be submitted at least
80
[
70
]
days prior to the regularly scheduled Board meeting at which consideration
is desired.
This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State on February 19, 2008.
TRD-200800995
Bill Franz
General Counsel
Texas Higher Education Coordinating Board
Proposed date of adoption: April 24, 2008
For further information, please call: (512) 427-6114
Chapter 103. HEALTH AND SAFETY
Subchapter BB. COMMISSIONER'S RULES CONCERNING GENERAL PROCEDURES FOR HEALTH AND SAFETY
The Texas Education Agency (TEA) proposes new §103.1101, concerning automated external defibrillator (AED) reimbursement. The proposed new section would implement requirements of the Texas Education Code (TEC), §38.017, added by Senate Bill (SB) 7, and the General Appropriations Act, House Bill 1, 80th Texas Legislature, 2007.
TEC, §38.017, Availability of Automated External Defibrillator, requires each school district and open-enrollment charter school to make an AED device available on each campus. The General Appropriations Act, Article IX, Section 19.86, 2007, authorizes the commissioner of education to adopt rules as necessary to implement a program to reimburse school districts and open-enrollment charter schools for costs associated with the purchase of AED devices. Accordingly, the commissioner exercises rulemaking authority to address provisions relating to the reimbursement program for AED devices. Proposed new 19 TAC §103.1101 would establish the following procedures relating to AED reimbursements.
Subsection (a) would specify that a campus that demonstrates priority and need would be reimbursed for one AED device. Each campus that did not have an AED device as of June 1, 2007, would be reimbursed for one AED device per campus that was purchased between June 1, 2007, and June 30, 2008. The subsection would also set forth the definition of "campus" for the purpose of AED reimbursement and would establish priority and need.
Subsection (b) would propose in rule the reimbursement application form that must be submitted to the TEA and would establish that applicants for reimbursement must include verification of the AED device purchase.
Subsection (c) would specify that each reimbursement would be for the actual amount paid for the AED device or a maximum of $1,475, whichever is less.
Subsection (d) would establish that the availability of funds after reimbursements are made to school districts and open-enrollment charter schools would determine whether reimbursements would be made to private schools.
Subsection (e) would clarify that any donated AED device or AED device purchased with funds donated for such purchase would be ineligible for reimbursement.
The proposed new rule would require each school district and open-enrollment charter school that is seeking AED reimbursement to submit an application and identifying information about AED devices purchased in response to Senate Bill 7 requirements. School districts and open-enrollment charter schools would be required to maintain AED device purchase receipts.
Jeff Kloster, associate commissioner for health and safety, has determined that for the first five-year period the new section is in effect there will be no fiscal implications for state government as a result of enforcing or administering the new section. The proposal would establish in rule the procedures for reimbursements for the acquisition of AED devices. The General Appropriations Act, House Bill 1, 80th Texas Legislature, 2007, allocated not more than $9 million to the TEA in fiscal year 2008 to reimburse school districts and open-enrollment charter schools for costs associated with the purchase of AED devices, giving funding priority based on greatest need. Any balances available as of August 31, 2008, are appropriated for fiscal year 2009 for the same purposes.
There will be fiscal implications for local government. School districts and open-enrollment charter schools can be reimbursed for the expense of the purchase of AED devices for up to a maximum amount of $1,475. Reimbursement will be dependent on the availability of funds, the actual cost of an AED device, and whether the AED device cost exceeds the amount eligible for reimbursement. Local school districts and open-enrollment charter schools may experience a loss of revenue if their AED device costs exceed the amount eligible for reimbursement or if requests for reimbursements exceed the available funds. Donated AED devices and AED devices purchased before June 1, 2007, or after the reimbursement due date will not be eligible for reimbursement.
Mr. Kloster has determined that for each year of the first five years the new section is in effect the public benefit anticipated as a result of enforcing the new section will be providing each school district and open-enrollment charter school with the opportunity to be reimbursed for the purchase of one AED device on each campus. Students, staff, and the public would have one AED device available at each campus, providing a rapid response to cardiac emergencies. There is no anticipated economic cost to persons who are required to comply with the new section.
There is no projected economic impact to small businesses or microbusinesses. No regulatory flexibility analysis is required.
The public comment period on the proposal begins March 7, 2008, and ends April 6, 2008. Comments on the proposal may be submitted to Cristina De La Fuente-Valadez, Policy Coordination Division, Texas Education Agency, 1701 North Congress Avenue, Austin, Texas 78701, (512) 475-1497. Comments may also be submitted electronically to rules@tea.state.tx.us or faxed to (512) 463-0028. All requests for a public hearing on the proposed new section submitted under the Administrative Procedure Act must be received by the commissioner of education not more than 15 calendar days after notice of the proposal has been published in the Texas Register.
The new section is proposed under the General Appropriations Act (House Bill 1), 80th Texas Legislature, 2007, Article IX, Section 19.86, which authorizes the commissioner of education to adopt rules as necessary to implement a program to reimburse school districts and open-enrollment charters for costs associated with the purchase of AED devices.
The proposed new section implements the General Appropriations Act (House Bill 1), 80th Texas Legislature, 2007, Article IX, Section 19.86, and Texas Education Code, §38.017.
§103.1101.Automated External Defibrillator (AED) Reimbursement.
(a) Eligibility. Each school district and open-enrollment charter school campus that demonstrates priority and need as set forth in this subsection may receive reimbursement for the cost of one automated external defibrillator (AED) device.
(1) For purposes of this section, a "campus" is defined as a single physical facility with a unique physical address.
(2) Each school district and open-enrollment charter school campus that did not have an AED device located at the campus prior to June 1, 2007, has priority for receiving reimbursement for the purchase of an AED device.
(3) Each school district and open-enrollment charter school campus that purchased an AED device on or after June 1, 2007, and did not have an AED device located at the campus prior to June 1, 2007, has the greatest need for reimbursement for the purchase of an AED device.
(b) Application and reimbursement. In order to receive AED reimbursement, each eligible school district and open-enrollment charter school that has at least one campus that has demonstrated priority and need as set forth in subsection (a) of this section shall submit:
(1) the reimbursement application provided in this subsection entitled, "Automated External Defibrillator (AED) Reimbursement"; and
Figure: 19 TAC §103.1101(b)(1) (.pdf)
(2) a copy of each invoice which documents the purchase and contains the purchase price and the purchase date.
(c) Reimbursement amount. Each school district and open-enrollment charter school campus that has been approved for AED reimbursement is eligible to be reimbursed for the actual amount paid for the AED device or a maximum of $1,475, whichever is less.
(d) Additional available funds. Should funds be available after the AED reimbursements established by subsection (a) of this section are issued, reimbursements may be made to private school campuses that demonstrate priority and need as set forth in subsection (a) of this section.
(e) Donations. In all cases, donated AED devices or AED devices purchased with donated funds are ineligible for reimbursement regardless of the date of receipt or purchase.
This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State on February 25, 2008.
TRD-200801118
Cristina De La Fuente-Valadez
Director, Policy Coordination
Texas Education Agency
Earliest possible date of adoption: April 6, 2008
For further information, please call: (512) 475-1497