Emergency Sections An agency may adopt a new or amended section or repeal an existing section on an emergency basis if it determines that such action is necessary for the public health, safety, or welfare of this state. The section may become effective immediately upon filing with the Texas Register, or on a stated date less than 20 days after filing, for no more than 120 days. The emergency action is renewable once for no more than 60 days. Symbology in amended emergency sections. New language added to an existing section is indicated by the use of bold text. [Brackets] indicate deletion of existing material within a section. TITLE 19. EDUCATION Part II. Texas Education Agency Chapter 61. School Districts Subchapter AA. Commissioner's Rules County Education Districts 19 TAC sec.61.1001 The Texas Education Agency (TEA) adopts on an emergency basis new sec.61. 1001, concerning county education districts (CED). The rule was proposed in the June 29, 1993, issue of the Texas Register (18 TexReg 4230) and is being simultaneously adopted on a regular basis in this issue. Senate Bill 7, Acts of the 73rd Legislature, Regular Session (1993), requires the commissioner of education to adopt rules necessary to distribute CED funds before September 1, 1993. Section 61.1001 will provide districts information necessary to terminate CEDs and adopt local budgets, which must be in place no later than August 31, 1993. The new rule is adopted under Senate Bill 7, sec.4.15, which authorizes the commissioner of education to adopt rules as necessary to implement statutory requirements concerning abolition of CEDs. sec.61.1001. Management of Assets, Liabilities, and Records of Former County Education Districts. (a) Not later than August 31, 1993, the governing board of each county education district (CED) shall designate a governmental entity or an officer of a governmental entity located within the boundaries of the CED as the successor- in-interest to the assets, liabilities, and records of the CED and shall notify the commissioner of education of the designation. (b) On August 31, 1993, the governing board of each CED shall distribute all funds paid to a county education district in 1993 except any penalties under the Texas Tax Code, sec.33.07. In the following order of priority, the governing board of each CED shall distribute the funds: (1) to pay any outstanding debts of the former CED, including refunds, and establish a reasonable reserve for refunds to be held by the successor-in- interest; (2) to the school districts in the CED as required by the Texas Education Code, sec.16.501, in the full amount of the 1992-1993 district entitlement as determined by the 1992-1993 Summary of Finances issued by the Texas Education Agency (TEA), Division of State Funding; (3) to the school districts of the former CED according to the ratio of each district's reduction in revenues, resulting solely from formula changes between the 1992-1993 school year and the 1993-1994 school year, to the sum of all reductions in revenues for school districts in the former CED. This ratio shall be computed and sent to the districts by TEA, Division of State Funding. This distribution ratio shall apply until 100% of the loss in revenues as defined in this subsection has been paid; and (4) to the school districts of the former CED according to the ratio of each district's number of weighted average daily attendance for the 1992-1993 school year to the number of weighted average daily attendance in the CED for the same school year. This ratio shall be computed and sent to the districts by TEA, Division of State Funding. (c) The successor-in-interest shall continue to collect all delinquent taxes of the CED, including any accrued but unpaid penalties and interest, and to distribute any amounts collected under subsections (f) and (g) of this section according to the priorities specified in subsection (b) of this section. Funds may be distributed on a monthly basis or less often according to administrative costs for processing small monetary amounts. (d) Penalties under the Texas Tax Code, sec.33.07, paid to a CED in the 1992- 1993 school year shall be allocated to the school district that is the situs of the property that incurred the penalties. Thereafter, all penalties under the Texas Tax Code, sec.33.07, shall be allocated to the entity collecting the delinquent CED tax. All other CED revenues, including interest, shall be paid according to the priorities specified in subsection (b) of this section. (e) On September 1, 1993, the governing board shall also transfer other assets of the CED, and all contracts, liabilities, and the records of the CED to the successor-in-interest. The governing board shall notify the commissioner of education of the amounts of the assets and liabilities transferred and the amounts of any uncollected taxes levied by the former CED in the annual financial report for the fiscal year ended August 31, 1993. (f) The successor-in-interest of a CED shall collect or contract for the collection of any taxes levied by the former CED that are delinquent. (g) The successor-in-interest of a CED may sell any assets, other than funds, of the former CED that the successor does not need to perform the duties of successor-in-interest. (h) Not later than December 31 of each year, beginning with 1994, each successor-in-interest shall file with the commissioner of education an annual report compiled by an independent certified public accountant of the amount of delinquent taxes collected, the amount of proceeds received from the sale of assets, the amount of debts paid, the amount of distributions made to school districts, and the related administrative costs of the successor-in-interest during the preceding fiscal year. The financial report shall include a supplemental schedule of assets and liabilities transferred to the successor-in- interest or any component school district. (i) The successor-in-interest of a former CED shall file an annual financial report for the fiscal year ended August 31, 1993, for the former CED according to the instructions in Change 27, Bulletin 679, Financial Accounting Manual. (j) A majority of the boards of trustees of the component districts of a former CED may by a majority vote redesignate the successor-in-interest of the former CED. The commissioner of education may require the board of trustees of component districts of a former CED to redesignate the successor-in-interest of the former CED. (k) The successor-in-interest of a former CED may pay necessary administrative costs from penalties and other delinquent tax proceeds. Administrative costs include, but are not limited to, audit expenses, payroll, contracted services, supplies and materials, and other operating costs associated with continuing delinquent tax collection and distribution activities. (l) The successor-in-interest of a former CED shall report delinquent taxes collected and funds distributed, administrative costs, and delinquent tax receivable balances to each component school district of the former CED within 30 days after the end of any month during which the successor- in-interest collects or distributes any delinquent taxes. Reports may be made on a monthly basis or less often according to administrative costs for communicating small transaction reports amounts. Issued in Austin, Texas, on January 1, 1988. TRD-9327691 Criss Cloudt Director, Policy Planning and Evaluation Texas Education Agency Effective date: August 23, 1993 Expiration date: September 13, 1993 For further information, please call: (512) 463-9701 19 TAC sec.61.1002 The Texas Education Agency (TEA) adopts on an emergency basis new sec.61. 1002, concerning county education districts (CED). The rule was proposed in the June 29, 1993, issue of the Texas Register (18 TexReg 4231) and is being simultaneously adopted on a regular basis in this issue. Senate Bill 7, Acts of the 73rd Legislature, Regular Session (1993), requires the commissioner of education to adopt rules necessary to distribute CED funds before September 1, 1993. New sec.61.1002 prescribes the form of a notice a school district may publish explaining the conversion from CED taxes. The new rule is adopted under Senate Bill 7, sec.4.15, which authorizes the commissioner of education to adopt rules as necessary to implement statutory requirements concerning abolition of CEDs. sec.61.1002. Tax Rate Notice. For the 1993-1994 school year, a school district may publish the following notice next to any notice required to be published by the Texas Tax Code, sec.26.06. Explanation of Conversion from County Education District Taxes. County education districts have been abolished. In order to compare school tax rates from last year to this year, it is necessary to compare the combined school tax rate to the school district's proposed tax rate for this year. Last year the _____________________________ school district's tax rate was _____________. Last year the _____________________________ county education district's tax rate was _______________. The combined school district and county education district tax rate was _____________. The proposed tax rate for _______________________ school district for this year is ______________. Issued in Austin, Texas, on August 23, 1993. TRD-9327693 Criss Cloudt Director, Policy Planning and Evaluation Texas Education Agency Effective date: August 23, 1993 Expiration date: September 13, 1993 For further information, please call: (512) 463-9701 19 TAC sec.61.1041 The Texas Education Agency (TEA) adopts on an emergency basis the repeal of sec.61.1041, concerning the role of military reservation districts within county education districts (CED). The repeal was proposed in the June 29, 1993, issue of the Texas Register (18 TexReg 4231) and is being simultaneously adopted on a regular basis in this issue. Senate Bill 7, Acts of the 73rd Legislature, Regular Session (1993), requires the commissioner of education to adopt rules necessary to distribute CED funds before September 1, 1993. The legislation rendered sec.61.1041 obsolete. The repeal is adopted under Senate Bill 7, sec.4.15, which authorizes the commissioner of education to adopt rules as necessary to implement statutory requirements concerning abolition of CEDs. Issued in Austin, Texas, on August 23, 1993. TRD-9327695 Criss Cloudt Director, Policy Planning and Evaluation Texas Education Agency Effective date: August 23, 1993 Expiration date: September 13, 1993 For further information, please call: (512) 463-9701 Chapter 62. Commissioner's Rules Concerning the Equalized Wealth Level 19 TAC sec.sec.62.1001, 62.1011, 62.1031, 62.1041, 62.1051, 62. 1061 The commissioner of education adopts on an emergency basis new sec.sec.62. 1001, 62.1011, 62.1031, 62.1041, 62.1051, and 62.1061, concerning the equalized wealth level established by the Texas Education Code, Chapter 36, as enacted in Senate Bill 7, Acts of the 73rd Legislature, Regular Session (1993). The rules were proposed in the June 29, 1993, issue of the Texas Register (18 TexReg 4232) and are being simultaneously adopted on a regular basis in this issue. Section 62.1021, concerning Preclearance Submission, which also was proposed with these rules in the June 29, 1993, issue of the Texas Register, is being withdrawn. The rules are necessary to clarify issues relating to the implementation of the Texas Education Code, Chapter 36. The commissioner is authorized to adopt rules necessary to implement the chapter under the Texas Education Code, sec.36.006, as enacted in Senate Bill 7. The Administrative Procedure and Texas Register Act does not apply to rules issued by the commissioner under the Texas Education Code, Chapter 36. sec.62.1001. Authority of Trustees; Duration of Agreements. (a) Trustees of independent school districts may not delegate their authority to enter into agreements necessary to achieve the purposes of the Texas Education Code, Chapter 36. Nor may the trustees authorize any exclusive franchises on the right to negotiate on behalf of the district. (b) Consolidations under the Texas Education Code, Chapter 36, Subchapter B; detachments and annexations under Subchapter C; and tax base consolidations under Subchapter F are permanent in duration and districts may not enter into agreements that purport to limit the duration of the agreement. Nor may the parties create by agreement any right to cancel the agreement. sec.62.1011. Election Duties of Board of Trustees.
    For the purposes of an election ordered under the Texas Education Code, Chapter 36, the board of trustees that orders the election shall perform any applicable duty assigned to the county judge or to the county commissioners court under the Texas Education Code, Chapter 19. sec.62.1031. Date of Agreement for Purposes of Determining Election Date. For the purposes of the Texas Education Code, sec.36.010, the date of an agreement entered by the board of trustees of a school district under the Texas Education Code, Chapter 36, Subchapter E or Subchapter F, is the date that the agreement is certified by the commissioner of education. sec.62.1041. Weighted Students in Average Daily Attendance for Purposes of Tax Rate Rollback. In determining the number of weighted students in average daily attendance for the purposes of tax rate rollback calculations under the Texas Tax Code, sec.26.08, the number calculated under the Texas Education Code, sec.16.302, is adjusted: (1) as provided by the Texas Education Code, sec.36.123, by adding the number of weighted students in average daily attendance attributed to the district through a contract to educate nonresident students under the Texas Education Code, Chapter 36, Subchapter E; and (2) by adding the number of weighted students in average daily attendance attributed to the district through the purchase of attendance credits under the Texas Education Code, Chapter 36, Subchapter D. sec.62.1051. Definition of Parcel Detached and Annexed by Commissioner. For the purposes of implementing the Texas Education Code, Chapter 36, Subchapter G, a parcel shall be defined as one or more separately described items of real property, together with the improvements and personal property located on the property, that have the same taxable situs or that are: (1) contiguous to each other; (2) used as a unit or subject to the same predominant use; and (3) located within the boundaries of a single school district. sec.62.1061. Election of Trustees of District Consolidated by Commissioner. The election date under the Texas Education Code, sec.36. 253(b), is modified to be the first May uniform election date after the effective date of a consolidation order under the Texas Education Code, Chapter 36. Issued in Austin, Texas, on August 23, 1993. TRD-9327697 Criss Cloudt Director, Policy Planning and Evaluation Texas Education Agency Effective date: August 23, 1993 Expiration date: September 13, 1993 For further information, please call: (512) 463-9701 TITLE 22. EXAMINING BOARDS Part XII. Board of Vocational Nurse Examiners Chapter 235. Licensing Issuance of Licenses 22 TAC sec.235.47 The Board of Vocational Nurse Examiners adopts on an emergency basis on an amendment to sec.235.47, concerning Issuance of Licenses. Section 235.47(b) is in conflict with the other rules that have been adopted and is adopted on an emergency basis to comply with the revisions of the Vocational Nurse Act effective September 1, 1993. The emergency amendment is adopted under Texas Civil Statutes, Article 4528c, sec.5(g), which provide the Board of Vocational Nurse Examiners with the authority to make such rules and regulations as may be necessary to carry in effect the purposes of the law. sec.235.47. Reactivation of a License. (a) A vocational nurse who has been on inactive status or whose license has been delinquent, for not more than four years, shall meet the following criteria for licensure: (1) submit request form and affidavit; (2) submit verification of employment as a licensed vocational nurse in this state or another state within the past four years immediately prior to application; or (3) submit evidence of successful completion of a refresher course or an agreement to supervised employment and a copy of the job description, with verification of such submitted to the Board office prior to the issuance of a license; and (4) submit required fees. (b) A vocational nurse who has been on inactive status or whose license has been delinquent for more than four years, must rewrite and pass the national licensure examination. [unless subsection (a)(3) of this rule has been met] Issued in Austin, Texas, on August 19, 1993. TRD-9327627 Marjorie A. Bronk, R.N., M.S.H.P. Executive Director Board of Vocational Nurse Examiners Effective date: September 1, 1993 Expiration date: November 1, 1993 For further information, please call: (512) 835-2071