September 2018 Committee on School Initiatives Item 2
Review of Proposed Amendments 19 TAC Chapter 250, Administration, Subchapter A, Purchasing, §250.1, Historically Underutilized Business (HUB) Program, and Subchapter B, Rulemaking Procedures, §250.20, Petition for Adoption of Rules or Rule Changes
September 14, 2018
COMMITTEE ON SCHOOL INITIATIVES: ACTION
STATE BOARD OF EDUCATION: ACTION
SUMMARY: This item provides the State Board of Education (SBOE) an opportunity to review a State Board for Educator Certification (SBEC) rule action that would propose amendments to 19 Texas Administrative Code (TAC) Chapter 250, Administration, Subchapter A, Purchasing, §250.1, Historically Underutilized Business (HUB) Program, and Subchapter B, Rulemaking Procedures, §250.20, Petition for Adoption of Rules or Rule Changes. The proposed amendment to §250.1 would reflect a technical change that would update in rule relevant cross references to the state's Historically Underutilized Business (HUB) program. The proposed amendment to §250.20 would implement legislation from the 84th Texas Legislature, 2015, to update the petition form for adoption of rules or rule changes to require the petitioner to indicate that the petitioner meets one of the four definitions of an interested person.
STATUTORY AUTHORITY: The statutory authority for 19 TAC Chapter 250, Subchapter A, §250.1, is the Texas Education Code (TEC), §§21.035(b), 21.040(6), and 21.041(a), and Texas Government Code (TGC), §2161.003. The statutory authority for Subchapter B, §250.20, is the TEC, §21.035(b) and §21.041(a) and (b)(1), and TGC, §2001.021, as amended by House Bill (HB) 763, 84th Texas Legislature, 2015.
TEC, §21.035(b), requires the Texas Education Agency (TEA) to provide the SBEC's administrative functions and services.
TEC, §21.040(6), requires the SBEC to develop and implement policies that clearly define the respective responsibilities of the SBEC and TEA staff.
TEC, §21.041(a), authorizes the SBEC to adopt rules as necessary to implement its procedures.
TEC, §21.041(b)(1), requires the SBEC to propose rules that provide for the regulation of educators and the general administration of the TEC, Chapter 21, Subchapter B, in a manner consistent with the TEC, Chapter 21, Subchapter B.
TGC, §2001.021, authorizes a state agency to prescribe by rule the form for a petition and the procedure for the submission, consideration, and disposition.
TGC, §2161.003, as amended by HB 763, 84th Texas Legislature, 2015, requires the SBEC to adopt the Comptroller's rules under §2161.002, as the SBEC's own rules regarding the purchase of goods or services paid for with appropriated money.
EFFECTIVE DATE: The proposed effective date of the proposed amendments to 19 TAC Chapter 250 would be October 21, 2018.
PREVIOUS BOARD ACTION: None.
BACKGROUND INFORMATION AND JUSTIFICATION: Texas Government Code (TGC), §2161.003, requires state agencies to adopt the Comptroller of Public Accounts' rules under TGC, §2161.002, as the SBEC's own rules regarding the purchases of goods or services paid for with appropriated money. Section 250.1, Historically Underutilized Business (HUB) Program, states that the SBEC adopts the rules of the Comptroller of Public Accounts found in Title 34 concerning the HUB Program. The section numbers in 34 TAC cross-referenced in §250.1 have been renumbered; therefore, a technical change is required to update relevant cross references in rule. The proposed amendment to §250.1 in Attachment II would replace the current cross references to §§20.11-20.22 and §§20.24-20.28, and update the rule with the correct, renumbered sections, §§20.281-20.298.
Section 250.20, Petition for Adoption of Rules or Rule Changes, provides the process for interested persons to petition the SBEC for changes to rules, in accordance with the TGC, §2001.021.
HB 763, 84th Texas Legislature, 2015, amended the TGC, §2001.021, to define the term interested person for the purposes of petitioning a rule change. The statute states that an interested person must be one of the following: (1) a resident of Texas; (2) a business entity located in Texas; (3) a governmental subdivision located in Texas; or (4) a public or private organization located in Texas that is not a state agency.
The proposed amendment to Figure: 19 TAC §250.20(a) in Attachment II would implement HB 763 to update the petition form in rule by adding the four definitions of an interested person and requiring the petitioner to indicate all applicable definitions.
SBOE Review of Proposed SBEC Rules
Under the TEC, §21.042, the SBEC must submit a written copy of each rule it proposes to adopt to the SBOE for review. The SBOE may reject the proposed rule by a vote of at least two-thirds of the members of the SBOE present and voting, but may not modify a rule.
FISCAL IMPACT: The TEA staff has determined that there is no additional fiscal impact on state and local governments and there are no additional costs to entities required to comply with the proposed amendments. In addition, there is no direct adverse economic impact for small businesses, microbusinesses, and rural communities; therefore, no regulatory flexibility analysis, specified in TGC, §2006.002, is required. There is no effect on local economy; therefore, no local employment impact statement is required under TGC, §2001.002. The proposed amendments do not impose a cost on regulated persons, another state agency, a special district, or a local government and, therefore, are not subject to TGC, §2001.0045.
GOVERNMENT GROWTH IMPACT: The TEA staff prepared a Government Growth Impact Statement assessment for this proposed rulemaking. During the first five years the proposed 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 public and student benefit of the proposed amendments would be correctly citing cross references in rule and aligning the rule with statute by including the four definitions of interested person in the petition form. The proposed amendments do not impose a cost on persons required to comply with the rules.
PROCEDURAL AND REPORTING IMPLICATIONS: The proposed amendment to §250.1 would have no procedural and reporting implications. The proposed amendment to §250.20 would require a petitioner to select on the petition form all the definitions of interested person that are applicable.
LOCALLY MAINTAINED PAPERWORK REQUIREMENTS: The proposed amendments would have no locally maintained paperwork requirements.
PUBLIC COMMENTS: In accordance with the SBEC rulemaking process, a summary of any comments received by the SBEC on its proposed rules is shared with the SBOE under separate cover prior to this SBOE meeting.
MOTION TO BE CONSIDERED: The State Board of Education:
Take no action on the proposed amendments to 19 TAC Chapter 250, Administration, Subchapter A, Purchasing, §250.1, Historically Underutilized Business (HUB) Program, Subchapter B, Rulemaking Procedures, §250.20, Petition for Adoption of Rules or Rule Changes, with an effective date of 20 days after filing the adoption notice with the Texas Register.
Staff Members Responsible:
Ryan Franklin, Associate Commissioner
Educator Leadership and Quality
Christie Pogue, SBEC Manager,
Educator Leadership and Quality
Attachment I: Statutory Citations
Attachment II: Text of Proposed Amendments to 19 TAC Chapter 250, Administration, Subchapter A, Purchasing, §250.1, Historically Underutilized Business (HUB) Program, Subchapter B, Rulemaking Procedures, §250.20, Petition for Adoption of Rules or Rule Changes (including Figure: 19 TAC §250.20(a))
September 14, 2018
COMMITTEE ON SCHOOL INITIATIVES: ACTION
STATE BOARD OF EDUCATION: ACTION
SUMMARY: This item provides the State Board of Education (SBOE) an opportunity to review a State Board for Educator Certification (SBEC) rule action that would propose amendments to 19 Texas Administrative Code (TAC) Chapter 250, Administration, Subchapter A, Purchasing, §250.1, Historically Underutilized Business (HUB) Program, and Subchapter B, Rulemaking Procedures, §250.20, Petition for Adoption of Rules or Rule Changes. The proposed amendment to §250.1 would reflect a technical change that would update in rule relevant cross references to the state's Historically Underutilized Business (HUB) program. The proposed amendment to §250.20 would implement legislation from the 84th Texas Legislature, 2015, to update the petition form for adoption of rules or rule changes to require the petitioner to indicate that the petitioner meets one of the four definitions of an interested person.
STATUTORY AUTHORITY: The statutory authority for 19 TAC Chapter 250, Subchapter A, §250.1, is the Texas Education Code (TEC), §§21.035(b), 21.040(6), and 21.041(a), and Texas Government Code (TGC), §2161.003. The statutory authority for Subchapter B, §250.20, is the TEC, §21.035(b) and §21.041(a) and (b)(1), and TGC, §2001.021, as amended by House Bill (HB) 763, 84th Texas Legislature, 2015.
TEC, §21.035(b), requires the Texas Education Agency (TEA) to provide the SBEC's administrative functions and services.
TEC, §21.040(6), requires the SBEC to develop and implement policies that clearly define the respective responsibilities of the SBEC and TEA staff.
TEC, §21.041(a), authorizes the SBEC to adopt rules as necessary to implement its procedures.
TEC, §21.041(b)(1), requires the SBEC to propose rules that provide for the regulation of educators and the general administration of the TEC, Chapter 21, Subchapter B, in a manner consistent with the TEC, Chapter 21, Subchapter B.
TGC, §2001.021, authorizes a state agency to prescribe by rule the form for a petition and the procedure for the submission, consideration, and disposition.
TGC, §2161.003, as amended by HB 763, 84th Texas Legislature, 2015, requires the SBEC to adopt the Comptroller's rules under §2161.002, as the SBEC's own rules regarding the purchase of goods or services paid for with appropriated money.
EFFECTIVE DATE: The proposed effective date of the proposed amendments to 19 TAC Chapter 250 would be October 21, 2018.
PREVIOUS BOARD ACTION: None.
BACKGROUND INFORMATION AND JUSTIFICATION: Texas Government Code (TGC), §2161.003, requires state agencies to adopt the Comptroller of Public Accounts' rules under TGC, §2161.002, as the SBEC's own rules regarding the purchases of goods or services paid for with appropriated money. Section 250.1, Historically Underutilized Business (HUB) Program, states that the SBEC adopts the rules of the Comptroller of Public Accounts found in Title 34 concerning the HUB Program. The section numbers in 34 TAC cross-referenced in §250.1 have been renumbered; therefore, a technical change is required to update relevant cross references in rule. The proposed amendment to §250.1 in Attachment II would replace the current cross references to §§20.11-20.22 and §§20.24-20.28, and update the rule with the correct, renumbered sections, §§20.281-20.298.
Section 250.20, Petition for Adoption of Rules or Rule Changes, provides the process for interested persons to petition the SBEC for changes to rules, in accordance with the TGC, §2001.021.
HB 763, 84th Texas Legislature, 2015, amended the TGC, §2001.021, to define the term interested person for the purposes of petitioning a rule change. The statute states that an interested person must be one of the following: (1) a resident of Texas; (2) a business entity located in Texas; (3) a governmental subdivision located in Texas; or (4) a public or private organization located in Texas that is not a state agency.
The proposed amendment to Figure: 19 TAC §250.20(a) in Attachment II would implement HB 763 to update the petition form in rule by adding the four definitions of an interested person and requiring the petitioner to indicate all applicable definitions.
SBOE Review of Proposed SBEC Rules
Under the TEC, §21.042, the SBEC must submit a written copy of each rule it proposes to adopt to the SBOE for review. The SBOE may reject the proposed rule by a vote of at least two-thirds of the members of the SBOE present and voting, but may not modify a rule.
FISCAL IMPACT: The TEA staff has determined that there is no additional fiscal impact on state and local governments and there are no additional costs to entities required to comply with the proposed amendments. In addition, there is no direct adverse economic impact for small businesses, microbusinesses, and rural communities; therefore, no regulatory flexibility analysis, specified in TGC, §2006.002, is required. There is no effect on local economy; therefore, no local employment impact statement is required under TGC, §2001.002. The proposed amendments do not impose a cost on regulated persons, another state agency, a special district, or a local government and, therefore, are not subject to TGC, §2001.0045.
GOVERNMENT GROWTH IMPACT: The TEA staff prepared a Government Growth Impact Statement assessment for this proposed rulemaking. During the first five years the proposed 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 public and student benefit of the proposed amendments would be correctly citing cross references in rule and aligning the rule with statute by including the four definitions of interested person in the petition form. The proposed amendments do not impose a cost on persons required to comply with the rules.
PROCEDURAL AND REPORTING IMPLICATIONS: The proposed amendment to §250.1 would have no procedural and reporting implications. The proposed amendment to §250.20 would require a petitioner to select on the petition form all the definitions of interested person that are applicable.
LOCALLY MAINTAINED PAPERWORK REQUIREMENTS: The proposed amendments would have no locally maintained paperwork requirements.
PUBLIC COMMENTS: In accordance with the SBEC rulemaking process, a summary of any comments received by the SBEC on its proposed rules is shared with the SBOE under separate cover prior to this SBOE meeting.
MOTION TO BE CONSIDERED: The State Board of Education:
Take no action on the proposed amendments to 19 TAC Chapter 250, Administration, Subchapter A, Purchasing, §250.1, Historically Underutilized Business (HUB) Program, Subchapter B, Rulemaking Procedures, §250.20, Petition for Adoption of Rules or Rule Changes, with an effective date of 20 days after filing the adoption notice with the Texas Register.
Staff Members Responsible:
Ryan Franklin, Associate Commissioner
Educator Leadership and Quality
Christie Pogue, SBEC Manager,
Educator Leadership and Quality
Attachment I: Statutory Citations
Attachment II: Text of Proposed Amendments to 19 TAC Chapter 250, Administration, Subchapter A, Purchasing, §250.1, Historically Underutilized Business (HUB) Program, Subchapter B, Rulemaking Procedures, §250.20, Petition for Adoption of Rules or Rule Changes (including Figure: 19 TAC §250.20(a))