Negotiated Rulemaking

Texas Education Code (TEC) Section 61.0331 requires the Texas Higher Education Coordinating Board (THECB) to engage in negotiated rulemaking with institutions of higher education and other affected entities in accordance with the Negotiated Rulemaking Act, Texas Government Code Chapter 2008, when adopting policies, procedures, or rules relating to certain matters. Texas Administrative Code Rule 1.14, sets forth the THECB’s negotiated rulemaking process.

100-Mile Non-State Resident Tuition Waiver

To provide institutions with greater clarity when administering the 100-mile waiver program found under Texas Administrative Code, Chapter 21, Subchapter SS, §21.2264, the THECB proposes to amend the rules to better align with the program’s statutory intent. The amendments to 19 Texas Administrative Code, Subchapter SS, are authorized by Texas Education Code, Section 54.0601.

Status: Committee met on February 21, 2024.

Dual Credit

The THECB would like to propose amending definitions for dual credit and dual enrollment in Texas Administrative Code, Title 19, Part 1, Chapter 4, Subchapter D, to better align with House Bill 8, 88th Legislature, Regular Session (2023) and College Connect Courses in new Rule 4.86. The amendments to 19 Texas Administrative Code, Subchapter D, are authorized by Texas Education Code, Section 28.009, which directs the THECB, in coordination with the Texas Education Agency, to employ the negotiated rulemaking process described in Chapter 2008 of the Texas Government Code when adopting rules relating to dual credit and Texas Education Code, Section 28.0095.

Status: Proposed rules will be submitted to the Board for consideration and adoption at the April 26, 2024, Board meeting.

Nursing Scholarship Program

The THECB proposes new rules for the Nursing Scholarship Program in Texas Administrative Code, Title 19, Part 1, Chapter 22, Subchapter R. The new rules in 19 Texas Administrative Code, Subchapter R, are authorized by Senate Bill 25, 88th Legislature, Regular Session (2023).

Status: Committee met on February 26, 2024.

Professional Nursing Shortage Reduction Program

The THECB proposes to amend definitions for the Professional Nursing Shortage Reduction Program in Texas Administrative Code, Title 19, Part 1, Chapter 22, Subchapter S, to better align with House Bill 1, 88th Legislature, Regular Session (2023). The amendments to 19 Texas Administrative Code, Subchapter S, are authorized by Texas Education Code, Section 61.9624.

Status: Committee met on February 20, 2024.

Rural Resident Physician Grant Program

The THECB proposes amending rules for graduate medical education positions in Texas Administrative Code, Title 19, Part 1, Chapter 6, Subchapter B, to better align with Education Code chapter 58A subchapter E and Rider 63, page III-69, Article III, House Bill 1, 88th Legislature, Regular Session (2023). The amendments to 19 Texas Administrative Code, Subchapter B, are authorized by Texas Education Code, Section 58A.081.

Status: Committee met on February 22, 2024.

Texas Innovative Adult Career Education (ACE) Grant Program

House Bill 8, 88th Legislature, Regular Session, transfers administration of the Texas Innovative Adult Career Education (ACE) Grant Program from Austin Community College to the THECB. The legislation provides the THECB authority to adopt rules for the administration of the program.

Status: Proposed rules will be submitted to the Board for consideration and adoption at the April 26, 2024, Board meeting.

Texas Research Incentive Program (TRIP)

The THECB proposes amendments to rules in Texas Administrative Code, Title 19, Part 1, Chapter 15, Subchapter A, implementing Texas Education Code, Chapter 62, Subchapter F. The TRIP has been in effect for over a decade and some changes to administrative law are required to improve the program’s administration. The proposed changes would codify existing processes into rule and clarify issues that have arisen during the application review process to lessen the administrative burden on institutions.

Status: Committee met on March 19, 2024.

Inquiries should be directed to Laurie Frederick.

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