The Texas Higher Education Coordinating Board adopts new §§4.51 - 4.59 concerning general oversight of public universities, health-related institutions, and two-year colleges (Testing and Developmental Education) with changes to §4.55 and §4.59 of the proposed text as published in the February 28, 2003 issue of the Texas Register (28 TexReg 1712). Sections 4.51 - 4.54, 4.56 - 4.58 are being adopted without changes. Specifically, the new rules replace existing rules being repealed contemporaneously in this issue of the Texas Register by assembling the new rules into one chapter, renumbering, and clarifying current Board rules regarding the general oversight of all public higher education institutions.

The following comments were received regarding the sections:

Comment: The following institutions or organizations submitted comments supporting the proposed change: Texas A&M University-Commerce.

Staff Response: Because these comments were favorable, no changes were made.

Comment: Lamar University asked for clarification of the parenthetical insertion of the word university in Chapter 4, §4.59, Paragraph (b), Subsection (1).

Staff Response: Additional words (Texas public university) have been added for clarification.

Comment: Lamar University, Chapter 4, §4.55, Paragraph (b), Subsection 10: The phrase "is exempt from TASP requirements" should be appended to the end of the sentence.

Staff Response: This phrase would help clarify the sentence, and this change has been made.

The new rules are adopted under the Texas Education Code, §61.027, which provides the Board with general rule-making authority; §61.002, which establishes the Board as an agency charged to provide leadership and coordination for the Texas higher education system; §61.051, which provides the Board with authority to coordinate institutions of public higher education in promoting quality education; Texas Education Code, §51.911, which requires institutions of higher education to allow absences for religious holy days; Texas Education Code, §61.0815, which requires institutions to report expert witnesses; Texas Education Code, §61.051(g), and Texas Education Code, §§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, §51.307, which authorizes the Board to adopt rules to implement the provisions of Texas Education Code, §§51.306 - 51.308 and Texas Education Code, §51.403(e), regarding Testing and Development Education; Texas Education Code, §§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, §61.088, which authorizes the Board to establish rules for the organization and operation of the Texas State Science and Engineering Fair.