The Texas Higher Education Coordinating Board (Coordinating Board) proposes repeal of Texas Administrative Code, Title 19, Part 1, Chapter 5, Subchapter C, §§5.41 - 5.46, 5.48, 5.50, 5.52 - 5.55, concerning approval of new academic programs at public universities, health-related institutions, and review of existing programs. Specifically, this repeal will remove language related to new academic program approval and review in existing rules, as that language has been superseded by rules adopted by the Coordinating Board in October 2022.

Rules 5.41 - 5.46, 5.48, 5.50 and 5.54 concern the process for four-year institutions (general academic institutions and health-related institutions) to request approval for new academic programs, specifically new doctoral, master's, baccalaureate, and certificate programs. The Coordinating Board replaced these processes with rules contained in 19 Texas Administrative Code Chapter 2, Subchapter A, General Provisions; Subchapter B, Approval Process for a Certificate; Subchapter F, concerning approving new baccalaureate and master's degrees; and Subchapter G, concerning approving new doctoral and professional degree programs. The new rule language brings Coordinating Board processes and procedures closer to the requirements of statute, contained in Texas Education Code §61.0512, while also improving the navigability and readability of rules for institutions subject to these requirements. The proposed repeal will remove the old rules superseded by the new rule content.

Rules 5.52 and 5.53 concern the Coordinating Board's evaluation or review of academic programs that have already received approval. The Coordinating Board has moved and centralized all rules related to program review and evaluation in a new subchapter in 19 Texas Administrative Code Chapter 2, Subchapter I, a single location easy for institutions to find and navigate. This new subchapter now contains rules carrying out Coordinating Board statutory obligations in Texas Education Code §§61.0512(e) and 130.311. The proposed repeal will remove language superseded by the new subchapter.

Rule 5.55 concerns how institutions may request revisions to approved programs. The Coordinating Board has established a new section of rule outlining in greater detail how institutions can submit requests for revisions and modifications to approved programs in 19 Texas Administrative Code §2.9. The new rule language provides more guidance on program revision than existing §5.55, which the Coordinating Board proposes to repeal.

Elizabeth Mayer, Assistant Commissioner for Academic and Health Affairs, has determined that for each of the first five years the sections are in effect there would be no fiscal implications for state or local governments as a result of enforcing or administering the rules. There are no estimated reductions in costs to the state and to local governments as a result of enforcing or administering the rule. There are no estimated losses or increases in revenue to the state or to local governments as a result of enforcing or administering the rule.

There is no impact on small businesses, micro businesses, and rural communities. There is no anticipated impact on local employment.

Elizabeth Mayer, Assistant Commissioner for Academic and Health Affairs, has also determined that for each year of the first five years the section is in effect, the public benefit anticipated as a result of administering the section will be clarifying administrative code by removing sections from the Texas Administrative Code that are superseded by rules approved by the Texas Higher Education Coordinating Board in October 2022. There are no anticipated economic costs to persons who are required to comply with the sections as proposed.

Government Growth Impact Statement

(1) the rules will not create or eliminate a government program;

(2) implementation of the rules will not require the creation or elimination of employee positions;

(3) implementation of the rules will not require an increase or decrease in future legislative appropriations to the agency;

(4) the rules will not require an increase or decrease in fees paid to the agency;

(5) the rules will not create a new rule;

(6) the rules will not limit an existing rule;

(7) the rules will not change the number of individuals subject to the rule; and

(8) the rules will not affect this state's economy.

Comments on the proposal may be submitted to Elizabeth Mayer, Assistant Commissioner for Academic and Health Affairs, P.O. Box 12788, Austin, Texas 78711-2788, or via email at elizabeth.mayer@highered.texas.gov. Comments will be accepted for 30 days following publication of the proposal in the Texas Register.

The repeal is proposed under Texas Education Code, Section 61.0512, which provides the Coordinating Board with the authority to approve new programs and conduct review of existing programs.

The proposed repeal affects Texas Education Code §61.0512.