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.

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: Convening memo (request for nominations) sent September 1 to chancellors and presidents of public universities, community colleges, State colleges, and technical colleges. Nomination deadline is September 15 at 5:oo pm.

Research Funds Implementation

The 88th Legislature, Regular Session, has passed House Bill 1595 and House Joint Resolution 3 (HJR 3), which redesignates the National Research University Fund as the Texas University Fund, or TUF. The bill adjusts the requirements for receipt of the Texas Comprehensive Research Fund (TCRF) and the Core Research Support Fund (CRSF), which would also be redesignated as the National Research Support Fund (NRSF). Contingent on the governor’s signature and passage of HJR 3, the vote for which would take place November 7, the provisions of the bill go into effect on January 1, 2024. In preparation for implementation of this legislation, rules must be adopted to govern the distribution of funding and applicable performance metrics. New distribution criteria would be based on federal and private research expenditures for all three programs and on the number of doctoral degrees for TUF and NRSF.

Status: Committee met on August 3, 2023. Proposed rules will be published in the October 13 edition of the Texas Register for a 30-day public comment period that will expire on November 11.

Texas Educational Opportunity Grant (TEOG)

To provide institutions with greater flexibility in administering their TEOG funds, the THECB would like to propose grant eligibility for students enrolled in continuing education coursework. The THECB would also like to propose the calculation of separate maximum grant levels for in-district and out-of-district students. To do so would require a modification to the TEOG allocation methodology.

Status: Committee met on August 2, 2023. Proposed rules will be published in the October 13 edition of the Texas Register for a 30-day public comment period that will expire on November 11.

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: Convening memo (request for nominations) sent to stakeholders on September 1. Nomination deadline is September 15 at 5:00 pm.

100-Mile Non-State Resident Tuition Waiver

Status: Convening memo (request for nominations) will be sent to stakeholders on or about December 1, 2023.

Inquiries should be directed to Laurie Frederick.

Email Laurie Frederick