Texas Register

TITLE 19 EDUCATION
PART 2TEXAS EDUCATION AGENCY
CHAPTER 61SCHOOL DISTRICTS
SUBCHAPTER CCCOMMISSIONER'S RULES CONCERNING SCHOOL FACILITIES
RULE §61.1036School Facilities Standards for Construction before July 15, 2021 [on or after January 1, 2004]
ISSUE 04/09/2021
ACTION Proposed
Preamble Texas Admin Code Rule

(a)(No change.)

(b)Implementation date. The requirements for school facility standards shall apply to projects for new construction or major space renovations if: [for which the construction documents have been approved by a school district board of trustees, or a board's authorized representative, on or after January 1, 2004. For projects for which a school district approved the construction documents prior to January 1, 2004, if a school district makes changes or revisions to the design of the projects on or after January 1, 2004, and before the end of construction, the changes or revisions are subject to the standards specified in §61.1033 of this title (relating to School Facilities Standards for Construction before January 1, 2004). For projects funded from bond elections passed prior to October 1, 2003, and for which a contract for construction has been awarded no later than December 31, 2005, a school district may comply with the standards specified in §61.1033(d)(2)(B)(ii) of this title in lieu of the standards specified in subsection (d)(5)(C)(iii) of this section, and with the standards specified in §61.1033(d)(2)(C)(ii) of this title in lieu of the standards specified in subsection (d)(5)(D)(ii) of this section.]

   (1)a board of trustees adopts a fiscal year maintenance and operations budget where a capital improvement project title and a design or design and construction budget are delineated;

   (2)a board of trustees calls a bond election where one or more capital improvement project titles as well as design or design and construction budgets are delineated; or

   (3)a new contract or amendment to an existing contract for architectural services for new construction or a major renovation for a school facility project has been agreed to, and signed and dated by both parties to the agreement after January 1, 2004, and before July 15, 2021.

(c) -(f)(No change.)

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 March 29, 2021

TRD-202101377

Cristina De La Fuente-Valadez

Director, Rulemaking

Texas Education Agency

Earliest possible date of adoption: May 9, 2021

For further information, please call: (512) 475-1497



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