The Texas Education Agency proposes an amendment to §61.1036, concerning school facilities standards. Section 61.1036 establishes standards for new construction or major space renovations on or after January 1, 2004. The proposed amendment would add to the existing facilities standards inspection requirements for portable, modular school buildings, in accordance with House Bill (HB) 1886, 80th Texas Legislature, 2007. The proposed amendment would also incorporate other revisions, such as adding several definitions and modifying certain existing definitions.

Through 19 TAC §61.1036, adopted to be effective June 9, 2003, the commissioner exercised rulemaking authority to specify in rule standards for the construction and adequacy of school facilities. The current provisions include requirements for the certification of the design and construction of school buildings, space and square footage requirements for these buildings, construction quality standards for these buildings, and definitions of applicable terms.

HB 1886, 80th Texas Legislature, 2007, amended the Texas Education Code (TEC), §46.008, relating to school facilities standards, to include requirements that portable, modular buildings for use as school facilities be inspected for compliance with mandatory building codes or approved designs, plans, and specifications. The proposed amendment to 19 TAC §61.1036 would incorporate these statutory changes, as well as other updates and revisions, as follows.

Subsection (a) would be revised to include definitions for architect, engineer, and portable, modular building. The paragraphs in the subsection would be renumbered accordingly.

Subsection (f) would be revised to modify the requirements for a qualified building code consultant in paragraphs (1)(A) and (2)(A) and the definition of qualified code inspector in paragraphs (1)(D) and (2)(D). New paragraph (3) would be added to address special provisions for portable, modular buildings. Subsection (f) would also be revised to update the name of a state agency in paragraph (4)(B) and a statutory reference in paragraph (4)(D).

Technical corrections would be made throughout the section to correct references, word usage, and punctuation.

Shirley Beaulieu, Associate Commissioner for Finance/Chief Financial Officer, has determined that for the first five-year period the amendment is in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the proposed amendment.

Ms. Beaulieu has determined that for each year of the first five years the amendment is in effect the public benefit anticipated as a result of enforcing the amendment will be that Texas schoolchildren will attend school in structurally sound educational facilities. There is no anticipated economic cost to persons who are required to comply with the proposed amendment.

There is no direct adverse economic impact for small businesses and microbusinesses; therefore, no regulatory flexibility analysis, specified in Texas Government Code, §2006.002, is required.

The public comment period on the proposal begins July 11, 2008, and ends August 11, 2008. Comments on the proposal may be submitted to Cristina De La Fuente-Valadez, Policy Coordination Division, Texas Education Agency, 1701 North Congress Avenue, Austin, Texas 78701, (512) 475-1497. Comments may also be submitted electronically to rules@tea.state.tx.us or faxed to (512) 463-0028.

The amendment is proposed under the TEC, §46.002, which authorizes the commissioner to establish rules as necessary to administer the Instructional Facilities Allotment. The TEC, §46.008, as amended by HB 1886, 80th Texas Legislature, 2007, requires that portable, modular buildings for use as school facilities be inspected to ensure compliance with mandatory building codes or approved designs, plans, and specifications.

The proposed amendment implements the TEC, §46.002 and §46.008.