The Texas Higher Education Coordinating Board (Coordinating Board) adopts on an emergency basis, amendments to §§4.286, 4.287, and 4.290 concerning the review of low-producing degree programs. The amendments are being adopted on an emergency basis pursuant to §2001.034 of the Government Code, which allows a state agency to adopt an emergency rule if a requirement of state or federal law requires adoptions of the rule on less than 30 days notice. The Coordinating Board made the finding that the amendments to these sections should be adopted on an emergency basis, pursuant to §2001.034 of the Government Code, because Senate Bill 215 of the 83rd Texas Legislature passed both houses with more than a two-thirds majority of all the elected members in each house and was signed by the Governor. The next regular quarterly meeting of the Board is scheduled for October 24, 2013, which would not allow institutions of higher education adequate time for implementation to be in accord with the effective date of the bill. Therefore, the amendments to these sections must be adopted on less than 30 days notice pursuant to §2001.034 of the Government Code.

The intent of the amendments is to incorporate into existing rules a statutory change in the authority of the Board. The Board no longer has the authority to order the closure or consolidation of programs at institutions of higher education, but may instead issue recommendations for closure or consolidation to the institution and its governing board. The amended rules reflect this change in authority.

The amendments are adopted on an emergency basis under the Texas Education Code, Chapter 61, §61.0512 which provides the Coordinating Board with the authority to review existing degree programs at public institutions of higher education.