PART 1. TEXAS HIGHER EDUCATION COORDINATING BOARD
CHAPTER 17. RESOURCE PLANNING
SUBCHAPTER B. REPORTING REQUIREMENTS
The Texas Higher Education Coordinating Board (Coordinating Board) proposes amendments to Texas Administrative Code, Title 19, Part 1, Chapter 17, Subchapter B, §17.20, concerning Resource Planning. Specifically, the amendment will modify naming nomenclature from "tuition revenue bonds" to "Capital Construction Assistance Projects."
The Coordinating Board proposes modifying the nomenclature of Chapter 17, Subchapter B, §17.20, to reflect legislative changes to the program title pursuant to the Capital Construction Assistance Projects definition as found in Texas Education Code, Chapter 55.
Emily Cormier, Assistant Commissioner for Funding, has determined that for each of the first five years the sections are in effect there would be no fiscal implications for state or local governments as a result of enforcing or administering the rules. There are no estimated reductions in costs to the state and to local governments as a result of enforcing or administering the rule. There are no estimated losses or increases in revenue to the state or to local governments as a result of enforcing or administering the rule.
There is no impact on small businesses, micro businesses, and rural communities. There is no anticipated impact on local employment.
Emily Cormier, Assistant Commissioner for Funding, 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 is to match legislatively approved nomenclature changes found in Texas Education Code, Chapter 55. There are no anticipated economic costs to persons who are required to comply with the sections as proposed.
Government Growth Impact Statement
(1) the rules will not create or eliminate a government program;
(2) implementation of the rules will not require the creation or elimination of employee positions;
(3) implementation of the rules will not require an increase or decrease in future legislative appropriations to the agency;
(4) the rules will not require an increase or decrease in fees paid to the agency;
(5) the rules will not create a new rule;
(6) the rules will not limit an existing rule;
(7) the rules will not change the number of individuals subject to the rule; and
(8) the rules will not affect this state's economy.
Comments on the proposal may be submitted to Emily Cormier, Assistant Commissioner for Funding, P.O. Box 12788, Austin, Texas 78711-2788, or via email at funding@highered.texas.gov. Comments will be accepted for 30 days following publication of the proposal in the Texas Register.
The amendment is proposed under Texas Education Code, Sections 61.0572 and 61.058, which provide the Coordinating Board with the authority to conduct the facilities programs governed by Chapter 17.
The proposed amendment affects Texas Administrative Code, Chapter 17, Subchapter B, §17.20.
§17.20.Facility Projects to Be Submitted to the Board.
(a) Institutions shall submit data on the following projects to the Board:
(1) New construction of building and facilities and/or additions to buildings and facilities having an E&G project cost of $10 million or greater;
(2) Repair and renovation projects for buildings and facilities having an E&G project cost of $10 million or greater;
(3) Improved real property purchases that the institution intends to include in the E&G buildings and facilities inventory if the purchase price is more than $1,000,000;
(4) Energy Savings Performance Contract projects; and
(5) Projects financed by Capital Construction
Assistance Projects [tuition revenue bonds] pursuant
to Education Code §61.0572 and §61.058.
(b) Projects not specifically described in this rule, including but not limited to the following types of projects, are EXEMPT from Board submission.
(1) Projects at The University of Texas at Austin, Texas A&M University, and Prairie View A&M University financed more than 50 percent with Permanent University Fund bond proceeds or Available University Fund funds;
(2) New Construction, repair, or rehabilitation of privately-owned buildings and facilities on land leased from an institution if the new construction, repair, or rehabilitation is financed entirely from funds not under the control of the institution;
(3) Gifts, grants, or lease-purchase arrangements intended for clinical or research facilities;
(4) New construction, repair, or rehabilitation projects to be undertaken pursuant to specific legislative authority;
(5) Lease of property or facilities;
(6) Acquisitions of unimproved real property;
(7) Acquisitions of improved real property that the institution does not intend to include in its E&G buildings and facilities inventory;
(8) New Construction, repair, renovation, or acquisition of buildings and facilities that are to be used exclusively for auxiliary enterprises and will not require appropriations from the legislature for operations, maintenance, or repair; and
(9) All gifts and grants of improved real property.
The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.
Filed with the Office of the Secretary of State on June 23, 2023.
TRD-202302266
Nichole Bunker-Henderson
General Counsel
Texas Higher Education Coordinating Board
Earliest possible date of adoption: August 6, 2023
For further information, please call: (512) 427-6548
The Texas Higher Education Coordinating Board (Coordinating Board) proposes amendments to Texas Administrative Code, Title 19, Part 1, Chapter 17, Subchapter F, §17.112, concerning Facilities Audit. Specifically, this amendment will update data sources used in the facilities audit process.
The Coordinating Board proposes modifying the nomenclature to change the text of Chapter 17, Subchapter F, §17.112, from mandatory direction to permissive direction. Currently §17.112 states, "At a minimum, Board shall use the following data sources in the course of the audit." The proposed amendment will change the term "shall" to "may."
Emily Cormier, Assistant Commissioner for Funding, has determined that for each of the first five years the sections are in effect there would be no fiscal implications for state or local governments as a result of enforcing or administering the rules. There are no estimated reductions in costs to the state and to local governments as a result of enforcing or administering the rule. There are no estimated losses or increases in revenue to the state or to local governments as a result of enforcing or administering the rule.
There is no impact on small businesses, micro businesses, and rural communities. There is no anticipated impact on local employment.
Emily Cormier, Assistant Commissioner for Funding, 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 is reduced administrative burden and clarity for the Coordinating Board and the institutions as it pertains to facilities programs. There are no anticipated economic costs to persons who are required to comply with the sections as proposed.
Government Growth Impact Statement
(1) the rules will not create or eliminate a government program;
(2) implementation of the rules will not require the creation or elimination of employee positions;
(3) implementation of the rules will not require an increase or decrease in future legislative appropriations to the agency;
(4) the rules will not require an increase or decrease in fees paid to the agency;
(5) the rules will not create a new rule;
(6) the rules will not limit an existing rule;
(7) the rules will not change the number of individuals subject to the rule; and
(8) the rules will not affect this state's economy.
Comments on the proposal may be submitted to Emily Cormier, Assistant Commissioner for Funding, P.O. Box 12788, Austin, Texas 78711-2788, or via email at funding@highered.texas.gov. Comments will be accepted for 30 days following publication of the proposal in the Texas Register.
The amendment is proposed under Texas Education Code, Section 61.0583, which requires the Coordinating Board to conduct a comprehensive audit of all educational and general facilities.
The amendment affects Texas Administrative Code, Chapter 17, Subchapter F, §17.112.
§17.112.Data Sources.
The [At a minimum,] Board may [shall] use the following data sources in the course of the audit:
(1) Institutional Capital Expenditure Plans (MP1);
(2) Campus Condition Report as submitted to the governing board;
(3) Space Model Projection Reports;
(4) Reports required by the Educational Data Center;
(5) Facilities Inventory Reports;
(6) Facilities Development and Improvement Applications and Reviews;
(7) Classroom and Class Laboratory Utilization Reports;
(8) Energy Savings Performance Contracts;
(9) Governing Board facilities approvals; and
(10) Any other institutional data deemed appropriate by the Coordinating Board staff.
The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.
Filed with the Office of the Secretary of State on June 23, 2023.
TRD-202302267
Nichole Bunker-Henderson
General Counsel
Texas Higher Education Coordinating Board
Earliest possible date of adoption: August 6, 2023
For further information, please call: (512) 427-6548
SUBCHAPTER J. FUTURE OCCUPATIONS & RESKILLING WORKFORCE ADVANCEMENT TO REACH DEMAND (FORWARD) LOAN PROGRAM
The Texas Higher Education Coordinating Board (Coordinating Board) proposes amendments to Texas Administrative Code, Title 19, Part 1, Chapter 22, Subchapter J, §22.186, concerning Future Occupations & Reskilling Workforce Advancement to Reach Demand (FORWARD) Loan Program. Specifically, this amendment removes unnecessary words.
Texas Education Code, Section 52.54, provides the Coordinating Board with the authority to adopt rules and regulations to effectuate the purpose of the state's student loan programs. The Coordinating Board is proposing this rule amendment to provide clarity on how the Coordinating Board will implement the FORWARD loan program's repayment process.
Charles Contéro-Puls, Assistant Commissioner for Student Financial Aid Programs, has determined that for each of the first five years the sections are in effect there would be no fiscal implications for state or local governments as a result of enforcing or administering the rules. There are no estimated reductions in costs to the state and to local governments as a result of enforcing or administering the rule. There are no estimated losses or increases in revenue to the state or to local governments as a result of enforcing or administering the rule.
There is no impact on small businesses, micro businesses, and rural communities. There is no anticipated impact on local employment.
Charles Contéro-Puls, Assistant Commissioner for Student Financial Aid Programs, 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 the clarification of how the Coordinating Board will implement the loan program's repayment process. There are no anticipated economic costs to persons who are required to comply with the sections as proposed.
Government Growth Impact Statement
(1) the rule will not create or eliminate a government program;
(2) implementation of the rule will not require the creation or elimination of employee positions;
(3) implementation of the rule will not require an increase or decrease in future legislative appropriations to the agency;
(4) the rule will not require an increase or decrease in fees paid to the agency;
(5) the rule will not create a new rule;
(6) the rule will not limit an existing rule;
(7) the rule will not change the number of individuals subject to the rule; and
(8) the rule will not affect this state's economy.
Comments on the proposal may be submitted to Charles Contéro-Puls, Assistant Commissioner for Student Financial Aid Programs, P.O. Box 12788, Austin, Texas 78711-2788, or via email at Charles.Contero-Puls@highered.texas.gov. Comments will be accepted for 30 days following publication of the proposal in the Texas Register.
The amendment is proposed under Texas Education Code, Section 52.54, which provides the Coordinating Board with the authority to adopt rules and regulations to effectuate the purpose of the state's student loan programs.
The proposed amendment affects Texas Administrative Code, Title 19, Part 1, Chapter 22, Subchapter J, §§22.175 - 22.189.
§22.186.Repayment of Loans.
(a) Period of loan repayment. The repayment period shall be 10 years.
(b) The repayment period shall begin no earlier than six months after:
(1) the date on which the student ceases to be enrolled at least half-time at an eligible institution, for borrowers enrolled in credential programs measured in semester credit hours; or
(2) the anticipated graduation date certified by the
institution of higher education [on the loan application,]
for borrowers enrolled in programs that are not measured in semester
credit hours.
(c) Monthly repayment amount. The method for calculating the monthly repayment amount for loans through this Program shall be determined annually by the Commissioner, and shall be calculated annually based on:
(1) the borrower's income, as demonstrated through federal income tax returns or other documentation determined to be acceptable by Board staff;
(2) the borrower's monthly accrued interest on loans through the Program; and
(3) the borrower's cumulative outstanding student loan
[principal] balance.
(d) Income threshold. Borrowers may be automatically placed in forbearance when the demonstrated income is below a threshold established by Board staff in consultation with the Texas Workforce Commission.
The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.
Filed with the Office of the Secretary of State on June 26, 2023.
TRD-202302268
Nichole Bunker-Henderson
General Counsel
Texas Higher Education Coordinating Board
Earliest possible date of adoption: August 6, 2023
For further information, please call: (512) 427-6365