Adopted Sections An agency may take final action on a section 30 days after a proposal has been published in the Texas Register. The section becomes effective 20 days after the agency files the correct document with the Texas Register, unless a later date is specified or unless a federal statute or regulation requires implementation of the action on shorter notice. If an agency adopts the section without any changes to the proposed text, only the preamble of the notice and statement of legal authority will be published. If an agency adopts the section with changes to the proposed text, the proposal will be republished with the changes. TITLE 1. ADMINISTRATION Part I. Office of the Governor Chapter 4. Automobile Theft Prevention Authority 1 TAC sec.sec.4.1-4.46 (Editor's note: Due to an agency error in the November 24, 1992, issue of the Texas Register (17 TexReg 8213), the following sections have been renumbered from sec.sec.3.201-3.246 to sec.sec.4.1-4.46. The Office of the Governor, Automobile Theft Prevention Authority Division, adopt new sec.sec.4.1-4.46 which were inadvertantly proposed as sec.sec.3. 201- 3.246, concerning the administration of the Automobile Theft Prevention Assistance Program of the ATPA fund. Sections 4.1, 4.4, and 4.32, are adopted with changes to the proposed text as published in the November 24, 1992, issue of the Texas Register (17 TexReg 8213). Sections 4.1, 4.3, 4.5-4.31, and 4.33-4.46 are adopted without changes and will not be republished. The sections defines the procedures for funded programs relating to automobile theft in Texas. These rules apply only to applications and grants awarded to local general purpose units of government, state agencies, independent school districts, non-profit and profit organizations for the Automobile Theft Prevention Authority Assistance Program operated and funded under the ATPA Fund. No comments were received regarding adoption of the new sections. The new sections are proposed under Texas Civil Statutes, Article 4413(37), sec.6(a), which provide the Automobile Theft Prevention Authority with the authority to adopt rules to implement its powers and duties. sec.4.2. Applicability. These rules shall apply only to applications and grants awarded to local general purpose units of government, state agencies, independent school districts, nonprofit, and for profit organizations for the Automobile Theft Prevention Authority Assistance Program operated and funded under the Automobile Theft Prevention Authority Fund. sec.4.4. Eligible Applicants. State agencies, local general purpose units of government, independent school districts, nonprofit, and for profit organizations are eligible to apply for grants for Automobile Theft Prevention Assistance projects. Nonprofit and profit organizations shall be required to provide with their grant applications sufficient documentation to evaluate the credibility and the community support of the organization and the viability of the organization's existing activities in the context of providing automobile theft prevention assistance; the documentation shall be in compliance with sec.3.203 of this title (relating to Compliance; Adoption by Reference). sec.4.32. Funding of Vehicle. Funding for the lease/purchase of vehicles may be provided for undercover, unmarked, or other vehicles normally associated with enforcement or undercover units. Funding for lease/purchase of vehicles is limited to automobile theft prevention programs. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on December 28, 1992. TRD-9217107 Linda Young Executive Director, Automobile Theft Prevention Authority Office of the Governor Effective date: January 21, 1993 Proposal publication date: November 24, 1992 For further information, please call: (512) 463-1919 TITLE 19. EDUCATION Part I. Texas Higher Education Coordinating Board Chapter 5. Program Development Subchapter K. Private Degree-Granting Institutions Operating in Texas 19 TAC sec.sec.5.211-5.223 The Texas Higher Education Coordinating Board adopts the repeal of sec.sec.5.211-5.223 concerning program development, without changes to the proposed text as published in the September 11, 1992, issue of the Texas Register (17 TexReg 6246). There will be more efficient implementation of the rules which protect them from fraudulent and substandard institutions of higher education. The rules are being repealed and rewritten. It is necessary to clarify and strengthen the requirements of the board for certification to award degrees by private institutions of higher education. Increasingly, institutions are mounting legal challenges to the decisions of the board and these clarifications will help in the defense of their actions. The changes also more precisely conform to certain provisions in the statute. Institutions which are subject to these rules will be able to see more precisely what is required of them to be certified to offer degrees in Texas. No comments were received regarding adoption of the repeals. The repeals are adopted under the Texas Education Code, sec.61.311, which provides the Coordinating Board with the authority to adopt rules regarding private degree-granting institutions operating in Texas. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on December 29, 1992. TRD-9217152 James McWhorter Assistant Commissioner for Administration Texas Higher Education Coordinating Board Effective date: January 25, 1993 Proposal publication date: September 11, 1992 For further information, please call: (512) 483-6160 19 TAC sec.sec.5.211-5.222 The Texas Higher Education Coordinating Board adopts new sec.sec.5.211-5.222 concerning program development. Section 5.214 is adopted with changes to the proposed text as published in the September 11, 1992, issue of the Texas Register (17 TexReg 6246). Sections 5.211-5.213, and sec.sec.5.215-5.222 are adopted without changes and will not be republished. The new sections will enable a more efficient implementation of the rules which protect them from fraudulent and substandard institutions of higher education. The new sections are necessary to clarify and strengthen the requirements of the board for certification to award degrees by private institutions of higher education. Increasingly, institutions are mounting legal challenges to the decisions of the board and these clarifications will help in the defense of their actions. The changes also more precisely conform to certain provisions in the statute. Institutions which are subject to these rules will be able to see more precisely what is required of them to be certified to offer degrees in Texas. Comments were received on the proposed rule changes from the American Association of Bible Colleges (AABC) and the Association of Theological Schools (ATS) in the United States and Canada. Each are currently recognized agencies and each commented on the proposal to eliminate them from that status (under sec.5.211-Definitions) and require them to apply for recognition under criteria which was to be sec.5.213(i). The AABC protested that such an action would harm their association nationally by implying that they were inferior. The ATS thought the proposed rules were appropriate and wished to know only how to apply. A revised sec.5.213(i) will be considered by the Board at its January quarterly meeting. The new sections are adopted under the Texas Education Code, sec.61.311, which provides the Coordinating Board with the authority to adopt rules regarding private degree-granting institutions operating in Texas. sec.5.214. Standards for Nonexempt Institutions. (a) The decision to grant a certificate of authority to an institution will be based on its compliance with the following 24 standards, priority given to education, responsiveness to recommendations and suggestions for improvement, and, in the case of a renewal of a certificate of authority, record of improvement and progress following initial approval which would ensure accreditation within the allotted time. The 24 standards represent generally accepted administrative and academic practices and principles of accredited institutions of higher education in Texas. Such practices and principles are generally set forth by the Commission on Colleges, Southern Association of Colleges and Schools and by specialized accrediting bodies and the several academic and professional societies which have established standards for their members' programs such as the National Association of College and University Business Officers and the American Association of Collegiate Registrars and Admissions Officers. (1) Qualifications of institutional officers. The character, education, and experience in higher education of governing board members, administrators, supervisors, counselors, agents, and other institutional officers shall be such as may reasonably ensure that the students will receive education consistent with the objectives of the course or program of study. In particular, the academic administrator shall be qualified by level and area of academic preparation, as well as through appropriate experience, to direct the academic affairs of the institution. (2) Governing board. Membership of the governing board of the institution shall be comprised of individuals who represent the institution's constituency, including faculty, students, and supporters, and who derive no financial gain from the operations of the institution. (3) Distinction of roles. There shall be sufficient distinction among the roles and personnel of the governing board of the institution, the administration, and faculty to ensure their appropriate separation and independence. (4) Instructional assessment. Provisions shall be made for the continual assessment of the educational program, including the evaluation and improvement of instruction. (5) Faculty qualifications. The character, education, and experience in higher education of the faculty shall be such as may reasonably ensure that the students will receive an education consistent with the objectives of the course or program of study. Each faculty member teaching in an associate or baccalaureate level degree program shall have at least a master's degree from an institution accredited by a recognized agency or a regional accrediting agency with at least 18 graduate semester credit hours in the discipline being taught. Furthermore, at least 25% of course work in a baccalaureate level major shall be taught by faculty members holding doctorates, or other terminal degrees, in the discipline being taught from institutions accredited by a recognized agency or a regional accrediting agency. Graduate level degree programs shall be taught by faculty holding doctorates, or other terminal degrees, in the discipline being taught from institutions accredited by a recognized agency or a regional accrediting agency. (6) Faculty size. There shall be a sufficient number of fulltime teaching faculty resident and accessible to ensure continuity and stability of the education program, adequate educational association between students and faculty and among the faculty members, and adequate opportunity for proper preparation for instruction and professional growth by faculty members. At the associate and baccalaureate levels, there shall be at least one full time faculty member in each program. At the graduate level, there shall be at least four full time faculty members in each program. (7) Curriculum. The quality, content, and sequence of each course, curriculum, or program of instruction, training, or study shall be appropriate to the purpose of the institution and shall be such that the institution may reasonably and adequately achieve the stated objectives of the course or program. Substantially all of the courses in the areas of specialization required for each degree program shall be offered in organized classes by the institution, provided such courses are appropriate to the level of the institution. (8) General education. Each associate or baccalaureate degree program shall contain a general education component consisting of at least 25% of the total hours offered for the program. This component shall be drawn from each of the following areas: Humanities and Fine Arts, Social and Behavioral Sciences, and Natural Sciences and Mathematics. It shall include courses to develop skills in written and oral communication and in basic computer instruction. Courses designed to correct deficiencies, remedial courses for associate and baccalaureate programs and leveling courses for graduate programs, may not count toward course requirements for the degree. The applicant institution may arrange for all or part of the general education component to be taught by another institution with the following provisions: the applicant institution's faculty shall design the general education requirement, there shall be a written agreement between the institutions to provide the general education component, at least one-half of the courses shall be offered in organized classes, and the providing institution shall be accredited by a recognized accrediting agency. (9) Credit for prior learning. An institution awarding collegiate credit for prior learning obtained outside a formal degree-granting institution shall establish and adhere to a systematic method for evaluating that prior learning, equating it with course content appropriate to the institution's authorized degree programs, and subject to ongoing review and evaluation by the institution's teaching faculty. Recognized evaluative examinations such as the advanced placement program or the college level examination program may be used. No more than fifteen semester credit hours or twenty-three quarter credit hours in a student's associate or baccalaureate degree program may be based on validated prior learning. No graduate credit for prior learning may be awarded. In no instance may credit be awarded for life experience per se or merely for years of service in a position or job. (10) Library. The institution shall have in its possession or direct control and readily available to its students and faculty a sufficient quality and variety of library holdings to support adequately its own curriculum. The holdings shall be catalogued and be readily accessible to students and faculty. The institution shall have adequate library facilities for the library holdings, space for study, and work space for the librarian and library staff. The librarian shall hold a graduate degree in library science from an institution accredited by a recognized accrediting agency or a regional accrediting agency. Arrangements for the use of library materials made with other libraries shall be formalized in writing, the collection shall be validated by the institution to be appropriate for the programs being offered, records of usage by the students shall be kept, and the library shall be reasonably accessible to the students and faculty. (11) Facilities. The institution shall have adequate space, equipment, instructional materials to provide education of good quality. (12) Financial resources and stability. The institution shall have adequate financial resources and financial stability to provide education of good quality and to be able to fulfill its commitments to students. The institution shall have sufficient reserves so that, together with tuition and fees, it would be able to complete its educational obligations to currently enrolled students if it were unable to admit any new students. (13) Financial records. Financial records and reports of the institution shall be kept and made separate and distinct from those of any affiliated or sponsoring person or entity. Financial records and reports shall be in accordance with the guidelines of the National Association of College and University Business Officers as set forth in College and University Business Administration, Fifth Edition, or such later editions as may be published. An annual independent audit of all fiscal accounts of the educational institution shall be authorized by the governing board and shall be performed by a properly authorized certified public accountant. (14) Academic freedom and faculty security. The institution shall adopt and distribute to all members of the faculty a statement of academic freedom assuring freedom in teaching, research, and publication. All policies and procedures concerning promotion; tenure; and non-renewal or termination of appointments, including for cause, shall be clearly published in a faculty handbook and supplied to all faculty. The specific terms and conditions of employment of each faculty member shall be clearly described in a written document given to that faculty member and a copy retained by the institution. (15) Academic records. Adequate records shall be securely maintained by the institution to show attendance, progress, or grades, and to assure that satisfactory guidelines are followed relating to attendance, progress, and performance. Two copies of said records shall be maintained in secure places. Transcripts shall be issued upon the request of the students. (16) Catalog. The institution shall provide students and other interested persons with a catalog or brochure containing information describing the purpose, length, and objectives of the programs offered by the institution; schedule of tuition, fees, and all other charges and expenses necessary for completion of the course of study; cancellation and refund policies; and such other material facts concerning the institution and the program or course of instruction as are reasonably likely to affect the decision of the student to enroll therein. Any disclosures specified by the board or defined in the rules shall be included. This information shall be provided to prospective students prior to enrollment. (17) Refund policy. The institution shall publish and adhere to a fair and equitable cancellation and refund policy. (18) Credentials. Upon completion, the student shall be given appropriate educational credentials by the institution indicating that the program undertaken has been satisfactorily completed. (19) Academic advising and counseling. The institution shall provide an effective program of academic advising for all students enrolled. The program shall include orientation to the academic program, academic and personal counseling, career information and planning, placement assistance, and testing services. (20) Student handbook. A handbook listing the student's rights and responsibilities shall be published and supplied to the student upon enrollment in the institution. The institution shall establish a clear and fair policy regarding due process in disciplinary matters and publish it in the handbook. (21) Health services. The institution shall provide an effective program of health services and education reflecting the needs of the students. (22) Housing. The student housing owned, maintained, or approved by the institution, if any, shall be appropriate, safe, and adequate. (23) Legal compliance. The institution shall be maintained and operated in compliance with all ordinances and laws, including rules and regulations adopted pursuant thereto, pertinent to the safety and health of all persons upon the premises. (24) Open representation of activities. Neither the institution or its agents shall engage in advertising, recruiting, sales, collection, financial credit, or other practices of any type which are false, deceptive, misleading, or unfair. (b) The board may accept as evidence of compliance with the standards established in this section the accreditation of an institution by selected accrediting agencies if the commissioner, or his designated representatives, have participated in the review by such an agency of the institution operating in Texas and concur with the actions of that agency. This option shall not be construed as giving exempt status to an applicant institution so accredited if it has not already been exempted under sec.5.212(a) (1) of this title (relating to Exemptions); nor is it to be understood that the board may not require further evidence and make further investigations concerning whether the institution should be authorized to operate in Texas. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on December 29, 1992. TRD-9217151 James McWhorter Assistant Commissioner for Administration Texas Higher Education Coordinating Board Effective date: January 25, 1993 Proposal publication date: September 11, 1992 For further information, please call: (512) 483-6160 Chapter 17. Campus Planning Subchapter B. Criteria for Approval of New Construction and Major Repair and Rehabilitation 19 TAC sec.17.24 The Texas Higher Education Coordinating Board adopts an amendment to sec.17.24 concerning new construction, with changes to the proposed text as published in the September 11, 1992, issue of the Texas Register (17 TexReg 6252). The effect of this change would be that the Board will evaluate the instruction's plans to totally eliminate critical deferred maintenance by 1995 when reviewing submissions for new construction projects, instead of requiring instructions to reduce their 1991 total deferred maintenance by 15% each year for the next five years. The state's investment in buildings at institutions of higher education will be better protected from costly deterioration. Three letters with comments were receive regarding this rule change. One supports the adoption of the rule, another prefers the existing rule that calls for an annual 15% reduction of deferred maintenance and the third states that the rule does not give the Coordinating Board enough guidance in making decisions on specific projects. In addition, the Campus Planning Committee asked the staff to include in the rule a statement that the total amount of accumulated deferred maintenance should not exceed 5.0% of the replacement value of an institution's educational buildings. The committee believes that this will convey the Board's expectations more clearly. Commenting in favor of the section were Texas Tech University and The University of North Texas. The University of Houston System commented against the section. Changes were made to the section in order to convey the Board's expectations more clearly. The amendment is adopted under the Texas Education Code, sec.sec.61.0572, 61. 058, 61.0582, and 61.0583, which provides the Coordinating Board with the authority to adopt rules regarding new construction. sec.17.24. New Construction. (a) (No change.) (b) In addition to other criteria that may be used by the Board, the following information will be used in the evaluation of new construction of educational and general space. (1) The plan established by each institution to eliminate and prevent the accumulation of critical deferred maintenance must address how critical deferred maintenance would be eliminated by the end of fiscal year 1995 and specifically identify both the amount and the source of funds to be allocated for critical deferred maintenance. The acceptable level of critical deferred maintenance is zero, therefore the Board will not approve new construction of educational and general space at an institution that is not carrying out its plan to eliminate critical deferred maintenance. For a particular project, the Board may waive this requirement upon a determination by the Board that the effective and efficient management of physical plants requires a waiver. (2) The amount of an institution's accumulated deferred maintenance in educational and general space as a percentage of its total educational and general building replacement value should not exceed 5. 0%. (3) A forecast of the future cost of maintaining an institution's existing facilities. At a minimum this forecast should indicate the funds required for the institution's facilities renewal and replacement program. (4) The projected or estimated cost of all mandated or legislated facilities requirements. (5) The institution's prior record in managing its facilities, including its record in preventing, reducing, or eliminating critical deferred maintenance. (c) The information described in subsection (b) of this section should be included in the annual October 15 update of each institution's campus master plan described in sec.17. 23 of this title (relating to Campus Master Plans). (d) The following definitions shall be used in carrying out the provisions of these rules. (1) Accumulated deferred maintenance. Projects from prior years and the current year that were not included in the maintenance program because of perceived lower priority status than those funded within the budget. Deferred maintenance includes postponed renewal and replacement maintenance, unperformed unscheduled major repair, and planned maintenance. (2) Critical deferred maintenance. Accumulated deferred maintenance projects that place facilities, occupants, or mission at risk if left undone. (3) Newly mandated or legislated facilities requirements. Includes all projects to retrofit for energy conservation, newly recognized health and life safety standards, and environmental or social policy requirements, such as PCB removal, asbestos abatement, and accessibility requirements. (4) Facilities renewal and replacement programs. A program for known future cyclic repair and replacement requirements which extends the life and retains the usable condition of campus facilities, components, and systems that are not normally contained in the annual operating budget. Rebuilding or replacement in structural areas larger than individual spaces of walls, ceilings or floors; replacement of mechanical, ventilation, cooling or electrical systems, structural components or roofs. Replacement of doors, windows, ceilings, and floor coverings throughout a building or a complete level of a building. This includes major activities that have a renewal cycle in excess of one year, such as replacement of roofs, replacement of classroom seating (even in one classroom), painting buildings, resurfacing roads, replacement of equipment (boilers, chillers, transformers), and similar items. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on December 29, 1992. TRD-9317149 James McWhorter Assistant Commissioner for Administration Texas Higher Education Coordinating Board Effective date: January 25, 1993 Proposal publication date: September 11, 1992 For further information, please call: (512) 483-6160 Chapter 21. Student Services Subchapter B. Determining Residence Status 19 TAC sec.21.26 The Texas Higher Education Coordinating Board adopts an amendment to sec.21.26 concerning economic development and diversification employees, without changes to the proposed text as published in the September 11, 1992, issue of the Texas Register (17 TexReg 6254). Educational institutions and taxpayers will benefit by collection of additional amounts from those excluded from benefits. The amendment is being made to apply a time limitation to those eligible for benefits under the statute. Persons employed by eligible organizations who move to the state more than five years after the organization qualified for benefits will be excluded. No comments were received regarding adoption of the amendment. The amendment is adopted under the Texas Education Code, sec.54.053 and sec.54.0152, which provides the Coordinating Board with the authority to adopt rules regarding Determining Residence Status (Economic Development and Diversification Employees). This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on December 29, 1992. TRD-9317153 James McWhorter Assistant Commissioner for Administration Texas Higher Education Coordinating Board Effective date: January 25, 1993 Proposal publication date: September 11, 1992 For further information, please call: (512) 483-6160 Subchapter L. Paul Douglas Teacher Scholarship Program 19 TAC sec.sec.21.304, 21.306, 21.308, 21.310, 21.314, 21.316, 21. 319, 21.321 The Texas Higher Education Coordinating Board adopts amendments to sec.sec.21.304, 21.306, 21.308, 21.310, 21.314, 21.316, 21.319, and 21.321, without changes to the proposed text as published in the September 11, 1992, issue of the Texas Register (17 TexReg 6254). Student recipients will benefit from the revised provisions. The amendments to the rules are required to bring the program into compliance with federal rules. The changes will generally work to the benefit of students enrolled in the program. No comments were received regarding adoption of the amendments. The amendments are adopted under the Texas Education Code, sec.sec.52.54, 61. 027, and 61.051 which provides the Coordinating Board with the authority to adopt rules regarding the Paul Douglas Teacher Scholarship Program. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on December 29, 1992. TRD-9317154 James McWhorter Assistant Commissioner for Administration Texas Higher Education Coordinating Board Effective date: January 25, 1993 Proposal publication date: September 11, 1992 For further information, please call: (512) 483-6160