The Texas Education Agency (TEA) adopts on an emergency basis new §109.2001, concerning financial exigency. The new section implements the requirements of the Texas Education Code (TEC), §44.011, as added by Senate Bill (SB) 8, 82nd Texas Legislature, First Called Session, 2011. The TEC, §44.011, requires that the commissioner of education adopt minimum standards concerning school district financial conditions that must exist for declaration of a financial exigency by the board of trustees of the district. The TEC, §44.011(f), authorizes the commissioner to take such action in the manner provided by law for emergency rules.

The new section is adopted on an emergency basis to take effect immediately. The TEA finds that the requirements of state law in the TEC, §44.011, as added by SB 8, 82nd Texas Legislature, First Called Session, 2011, require the adoption of the new section on fewer than 30 days notice. The TEC, §44.011, allows the board of trustees of a school district to declare financial exigency for the district at anytime during the school year. The emergency adoption, as provided in the TEC, §44.011(f), will inform school districts of the minimum standards and procedures that must exist for declaration of financial exigency during the 2011-2012 school year. The emergency adoption will make the financial exigency minimum standards and procedures available on an emergency basis beginning November 21, 2011.

The new section is simultaneously being proposed for permanent adoption and can be found in the Proposed Rules section of this issue.

The new section is adopted on an emergency basis under the TEC, §44.011, as added by Senate Bill 8, 82nd Texas Legislature, 2011, which authorizes the commissioner to adopt by rule minimum standards concerning school district financial conditions that must exist for declaration of a financial exigency by the board of trustees of the district. The TEC, §44.011(f), authorizes the commissioner to take such action in the manner provided by law for emergency rules.

The new section implements the TEC, §44.011.