The Texas Education Agency (TEA) adopts an amendment to §61.1036, concerning school facilities standards. The amendment is adopted without changes to the proposed text as published in the July 11, 2008, issue of the Texas Register (33 TexReg 5457) and will not be republished. Section 61.1036 establishes standards for new construction or major space renovations on or after January 1, 2004. The adopted amendment adds to the existing facilities standards inspection requirements for portable, modular school buildings, in accordance with House Bill (HB) 1886, 80th Texas Legislature, 2007. The adopted amendment also incorporates 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 adopted amendment to 19 TAC §61.1036 incorporates these statutory changes, as well as other updates and revisions, as follows.

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

Subsection (f) has been 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) has been added to address special provisions for portable, modular buildings. Subsection (f) has also been revised to update the name of a state agency in paragraph (4)(B) and a statutory reference in paragraph (4)(D).

Technical corrections have been made throughout the section to correct references, word usage, and punctuation.

The TEA determined that the adopted amendment will have 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 began July 11, 2008, and ended August 11, 2008. No public comments were received.

The amendment is adopted 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 adopted amendment implements the TEC, §46.002 and §46.008.