Proposed Rulemaking

What is required in a Proposed Preamble?

In the Introductory paragraph include the agency name, action being taken (amendment, new or repeal), TAC section number, subject material statement, and brief explanation of the action.

Name and title of officer or employee preparing or approving fiscal note and whether there is an effect on state or local government for each year of the first five year period.

Name and title of officer or employee preparing or approving the public benefit-cost note, a summary of what the public benefit will be for the first five-year period and a statement of whether there will be a cost to small business and/or individuals.

Name and address of agency liaison or individual designated to receive comments.

Action (new, repeal or amendment), statute, article and section under which the action is being proposed, and explanation of the agency’s authority.

Statutes, articles, or codes that are affected by this section.

**Please type the preamble in narrative form and address the items in the order shown above.**


What tags do I use in the Proposed Preamble?

Tag Meaning
<*> For section symbol
<p> To indicate paragraphs

(used only in the preamble)

<eti> to indicate italics

Example: when referencing Texas Register as a publication
(insert before the first word)

<et> to return to regular type face

(insert after italicized text)

Example:

<p>The Texas Education Agency (TEA) proposes an amendment to <*>150.1003, concerning educator appraisal. The section establishes requirements and procedures related to appraisal of teachers. Legislation enacted in 1995 required the commissioner of education to adopt a recommended appraisal process and criteria on which to appraise the performance of teachers. The proposed amendment adds language to 19 TAC <*>150.1003(b) and (d) to clarify timelines related to the completion of the teacher self-report form and the teacher appraisal calendar. The need for these clarifications is based on feedback from principals' and teachers' evaluation of the initial year of implementation of the Professional Development and Appraisal System (PDAS). Feedback indicated that schedules for the completion of the PDAS orientation for teachers and the completion of the teacher self-report by teachers were unclear.

<p>Felipe Alanis, deputy commissioner for programs and instruction, has determined that for the first five-year period the section is in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the section.

<p>Mr. Alanis and Criss Cloudt, associate commissioner for policy planning and research, have determined that for each year of the first five years the section is in effect the public benefit anticipated as a result of enforcing the section will be enhancement of the professional practice of teachers, providing students with increased levels of teaching performance and resulting in increased levels of student achievement. There will not be an effect on small businesses. There is no anticipated economic cost to persons who are required to comply with the proposed section.

<p>Comments on the proposal may be submitted in writing to Criss Cloudt, Policy Planning and Research, 1701 North Congress Avenue, Austin, Texas 78701, (512) 463-9701. Comments may also be submitted electronically to <eti>rules@tmail.tea.state.tx.us<et> or faxed to (512) 475-3499. All requests for a public hearing on the proposed section submitted under the Administrative Procedure Act must be received by the commissioner of education not more than 15 calendar days after notice of a proposed change in the section has been published in the <eti>Texas Register<et> .

<p>The amendment is proposed under the Texas Education Code, <*><*>21.351-21.356, which authorizes the commissioner of education to adopt a recommended appraisal process and criteria on which to appraise the performance of teachers.

<p>The proposed amendment implements the Texas Education Code, <*><*>21.351 - 21.356.


How do I submit a Proposed Repeal?

Example:

<*>5.311. Purpose.

<*>5.312. Definitions.

<*>5.313. Eligibility and Exemptions.

<*>5.314. Administration.

<*>5.315. Standards.


How do I submit a Proposed New Rule?

Example:

Subchapter C contains §§1.25 - 1.45.

Subchapter D must begin with a number larger than §1.45

  • Insert the tag <new> before each section number
  • Example:

    <new><*>31.8. One-Half Time.

    "One-half time" employment shall in no case exceed 92 clock hours in any calendar month. Determination of half-time will be made on a monthly basis using calendar months. Actual course instruction in state-supported colleges (including junior colleges), universities, and public schools shall not exceed during any month one-half the normal load for full-time employment at the same teaching level. (This would usually limit employment in instruction in colleges and universities to no more than two three-semester hour courses during any one semester of the long term, two two-semester hour courses during a nine-week term, or one three-semester hour course during a six-week term.


    How do I submit a Proposed Amendment?

    (The exception is a section containing only definitions)

    Example:

    <*>31.8. One-Half Time.

    "One-half time" employment shall in no case exceed 92 clock hours in any calendar month. Determination of half-time will be made on a monthly basis using calendar months. Actual course instruction in state-supported colleges (including junior colleges), universities, and <etb>public<et> [high] schools shall not exceed during any month one-half the normal load for full-time employment at the same teaching level. (This would usually limit employment in instruction in colleges and universities to no more than two three-semester hour courses during any one semester of the long term, two two-semester hour courses during a nine-week term, or one three-semester hour course during a six-week term. Employment in instruction in public [high] schools would usually be limited to no more than two courses during any one semester of the long term.) "One-half time" employment for bus drivers shall in no case exceed 12 days <etb>in any calendar month<et>. Work by a bus driver for any part of a day shall count as a full day for purposes of this section.

    Example:

    [(a) The director will review all reports:]

    [(1) of the staff;]

    [(2) of the supervisors, and]

    [(3) of the agency.]

    [(b) The director’s decision shall be impartial.]

    Example:

    <etb>(d) The director will review all reports:<et>

    <etb>(1) of the staff;<et>

    <etb>(2) of the supervisors, and<et>

    <etb>(3) of the agency.<et>

    <etb>(e) The director’s decision shall be impartial.<et>

    Example:

    (a) The director will review all reports.

    <etb>(b) The reports will be on the staff, supervisors and the agency as a whole.<et>

    <etb>(c)<et> [(b)] The director’s decision shall be impartial.

    -or-

    (d) The director will review all reports:

    (1) of the staff;

    [(2) of the supervisors, and]

    <etb>(2)<et> [(3)] of the agency.

    (e) The director’s decision shall be impartial.

    If an agency chooses to use the "No change" policy the rule must contain needed language where the change is occurring.

    Example:

    If paragraph (2) is being amended under subsection (b), however, the language in subsection (b) is not changing, the text to the subsection (b) must be printed for clarification because the paragraph falls under the subsection (b).

    (a) (No change.)

    (b) All staff members must:

    (1) (No change.)
    (2) provide information to the public, when requested, <etb>or when directed to do so by the commissioner.<et>
    (3)-(5) (No change.)

    If you are unfamiliar with the "no change" policy, please submit the rule in its entirety.