18_06 Adopted New 19 TAC §61.1016
Commissioner's Rules
Adopted New 19 TAC Chapter 61, School Districts, Subchapter AA, Commissioner's Rules on School Finance, §61.1016, Hazardous Transportation Funding
Attachments:
I. Statutory Citation (PDF)
II. Text of Adopted New 19 TAC Chapter 61, School Districts, Subchapter AA, Commissioner's Rules on School Finance, §61.1016, Hazardous Transportation Funding (PDF)
SUMMARY: The rule action presented in this item was filed as adopted with the Texas Register under the commissioner's rulemaking authority. This item adopts new 19 TAC Chapter 61, School Districts, Subchapter AA, Commissioner's Rules on School Finance, §61.1016, Hazardous Transportation Funding. The adopted new rule implements Senate Bill (SB) 195, 85th Texas Legislature, Regular Session, 2017, by providing for additional transportation funding for areas with hazardous traffic conditions or a high risk of violence. No changes were made to the rule since published as proposed.
STATUTORY AUTHORITY: Texas Education Code (TEC), §42.155, as amended by SB 195, 85th Texas Legislature, Regular Session, 2017.
TEC, §42.155(d), as amended by SB 195, 85th Texas Legislature, Regular Session, 2017, authorizes hazardous transportation funding for areas within two miles of a campus where students would be subject to hazardous traffic conditions or a high risk of violence when walking to and from school.
TEC, §42.155(d-1), as amended by SB 195, 85th Texas Legislature, Regular Session, 2017, requires the school district board of trustees to provide an explanation of the hazardous traffic conditions or areas presenting a high risk of violence applicable to that district and to identify the specific hazardous or high-risk areas for which the allocation is requested by consulting with local law enforcement agencies and obtaining law enforcement records that document a high incidence of violent crimes.
TEC, §42.155(d-2), as added by SB 195, 85th Texas Legislature, Regular Session, 2017, allows school districts to use all or part of additional funds to support community walking transportation programs and requires the commissioner to adopt rules for the administration of TEC, §42.155.
EFFECTIVE DATE: July 11, 2018.
BACKGROUND INFORMATION AND JUSTIFICATION: TEC, §42.155, allows a school district to apply for up to 10% of its regular transportation allotment in additional funding to transport children who live within two miles of their campus but are subject to hazardous traffic conditions in getting to school. SB 195, 85th Texas Legislature, Regular Session, 2017, expanded the criteria to apply for additional funds to include areas within two miles of a campus where students are at high risk for violence when walking to and from school. To be eligible for funding under the statute, districts must adopt a board policy that identifies specific hazardous or high-risk-of-violence areas for which the allocation is requested. In determining these areas, districts are to consult with local law enforcement agencies and must obtain law enforcement records that document a high incidence of violent crimes. Districts may use all or part of additional funds to support community walking transportation programs.
Adopted new §61.1016 implements the TEC, §42.155, by establishing provisions for hazardous transportation funding. The adopted new rule provides definitions and eligibility criteria as well as detailing how school districts must submit the additional data and the formulas to be used to calculate the additional funding.
No changes were made to the rule since published as proposed.
FISCAL IMPACT: Texas Education Agency (TEA) has determined that there are no additional costs to persons or entities required to comply with the new rule. In addition, there is no direct adverse economic impact for small businesses, microbusinesses, or rural communities; therefore, no regulatory flexibility analysis, specified in Texas Government Code, §2006.002, is required. There is no effect on local economy; therefore, no local employment impact statement is required under Texas Government Code, §2001.022. The adopted rule does not impose a cost on regulated persons, another state agency, a special district, or a local government and, therefore, is not subject to Texas Government Code, §2001.0045.
GOVERNMENT GROWTH IMPACT: TEA staff prepared a Government Growth Impact Statement assessment for this rulemaking. During the first five years the rulemaking would be in effect, it would not create or eliminate a government program; would not require the creation of new employee positions or elimination of existing employee positions; would not require an increase or decrease in future legislative appropriations to the agency; would not require an increase or decrease in fees paid to the agency; would not create a new regulation; would not expand, limit, or repeal an existing regulation; would not increase or decrease the number of individuals subject to its applicability; and would not positively or adversely affect the state's economy.
PUBLIC AND STUDENT BENEFIT: The adopted new rule will support community walking transportation programs, including walking school bus programs, and innovative school safety projects that keep students safe.
PROCEDURAL AND REPORTING IMPLICATIONS: The adopted new rule will require school districts and open-enrollment charter schools to provide additional route type data on the current FSP Transportation application.
LOCALLY MAINTAINED PAPERWORK REQUIREMENTS: The adopted new rule will require school districts and open-enrollment charter schools to maintain a hazardous traffic area policy adopted by the local school board.
PUBLIC COMMENTS: The public comment period on the proposal began May 4, 2018, and ended June 4, 2018. No public comments were received.
ALTERNATIVES: None.
OTHER COMMENTS AND RELATED ISSUES: None.
Staff Members Responsible:
Leo Lopez, Associate Commissioner, School Finance / Chief School Finance Officer
Al McKenzie, Director, State Funding
Nora Rainey, Manager, State Funding