The Texas Higher Education Coordinating Board proposes new §§4.51 - 4.59, concerning general oversight of public universities, health-related institutions, and two-year colleges (Testing and Developmental Education). Specifically, these new sections replace existing sections which are contemporaneously proposed for repeal in this issue of the Texas Register. The new sections assemble in one chapter, renumber, and clarify current Board rules regarding the general oversight of all public higher education institutions.

Dr. Marshall A. Hill, Assistant Commissioner for Universities and Health-Related Institutions, has determined that for each year of the first five years the new sections are in effect, there will not be any fiscal implications to state or local government as a result of enforcing or administering the rules.

Dr. Hill has also determined that for each year of the first five years the new sections are in effect, the public benefit anticipated as a result of administering these sections will be the improved organization and clarity of rules affecting public institutions of higher education. There is no effect on small businesses. There are no anticipated economic costs to persons who are required to comply with the sections as proposed. There is no impact on local employment.

Comments on the proposed new rules may be submitted to Marshall A. Hill, Texas Higher Education Coordinating Board, P.O. Box 12788, Austin, Texas 78711-2788, or by e-mail to Marshall.Hill@thecb.state.tx.us.

The new rules are proposed under the Texas Education Code, Section 61.027, which provides the Board with general rule-making authority; Section 61.002, which establishes the Board as an agency charged to provide leadership and coordination for the Texas higher education system; Section 61.051, which provides the Board with authority to coordinate institutions of public higher education in promoting quality education; Texas Education Code, Section 51.911, which requires institutions of higher education to allow absences for religious holy days; Texas Education Code, Section 61.0815, which requires institutions to report expert witnesses; Texas Education Code 61.051(g), and Texas Education Code, Sections 61.821-831, which authorizes the Board to adopt rules and establish policies and procedures for the development, adoption, implementation, and evaluation of core curricula, field of study curricula, and a transfer dispute resolution process; Texas Education Code, Section 51.307, which authorizes the Board to adopt rules to implement the provisions of Texas Education Code, Sections 51.306 - 51.308 and Texas Education Code, Section 51.403(e), regarding Testing and Development Education; Texas Education Code, Sections 29.182, 29.184, 61.027, 61.076(j), 130.001(b)(3) - (4), 130.008, 130.090, and 135.06(d), which provide the Board with the authority to regulate dual credit partnerships between public two-year associate degree-granting institutions and public universities with secondary schools; and Texas Education Code, Section 61.088, which authorizes the Board to establish rules for the organization and operation of the Texas State Science and Engineering Fair

The new rules affect Texas Education Code, §§61.002, 61.051, 51.911, 61.0815, 61.821-831, 51.307, 51.306 - 51.308, 51.403(e), 29.182, 29.184, 61.027, 61.076(j), 130.001(b)(3) - (4), 130.008, 130.090, 135.0(d), and 61.088.