Negotiated Rulemaking

About

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.

Current Negotiated Rulemaking Activities

The Texas Higher Education Coordinating Board (Coordinating Board) is required to engage in negotiated rulemaking for the abovementioned rule under Texas Education Code, §51.968, to implement the requirements of Texas Education Code, Chapter 51, §51.968, which requires negotiated rulemaking to adopt rules for awarding undergraduate course credit for dual credit. Texas Education Code, §28.009(b), §28.0095, §61.059(p), §130.001(b)(3) – (4) and §130.008, provide the Coordinating Board with the authority to regulate dual credit partnerships between public institutions of higher education and secondary schools with regard to lower division courses, and provide funding for dual credit courses.
 
Status: Proposed Rule published in the August 7, 2026, issue of the Texas Register. Proposed Rule 30-day public comment period ends September 5, 2026.

The Texas Higher Education Coordinating Board is required to engage in negotiated rulemaking for the abovementioned rules under Texas Education Code, §61.0331(2), to implement the revisions to existing rules relating to carrying forward allocated funds from the first year of the biennium to the second.
 
Status: Proposed Rules published in the August 7, 2026, issue of the Texas Register. Proposed Rules 30-day public comment period ends September 5, 2026.

THECB is authorized by Texas Education Code, §56.303 to promulgate rules for the administration of the TEXAS Grant program, and this particular aspect of these grant programs is currently addressed by Riders 24 and 60 of the 2026 – 2027 Texas General Appropriations Act (Art. III, Texas Higher Education Coordinating Board).
 
Status: Call for Nominations sent to stakeholders August 10, 2026. Deadlines for nominations closes August 21, 2026.

The Texas Higher Education Coordinating Board is required to engage in negotiated rulemaking for the abovementioned rule under Texas Education Code, §51.803 and §51.805, to address changes set forth by Senate Bill 1241.
 
Status: Committee established and effective as of July 21, 2026. Notice of Proposed Rule will be filed with the Texas Register on or about September 14, 2026, for publication in the September 25, 2026, issue.

Contact

Inquiries should be directed to Carrisa Stiles, Legal Assistant, Office of General Counsel.

Email Carrisa Stileshyperlink to fast program page