Commissioner's Rules
Adopted Amendment to 19 TAC Chapter 61, School Districts, Subchapter CC, Commissioner's Rules Concerning School Facilities, §61.1036, School Facilities Standards for Construction on or after January 1, 2004
Attachments:
I. Statutory Citations (PDF)
II. Text of Adopted Amendment to 19 TAC Chapter 61, School Districts, Subchapter CC, Commissioner's Rules Concerning School Facilities, §61.1036, School Facilities Standards for Construction on or after January 1, 2004 (PDF)
SUMMARY:
The rule action presented in this item will be filed as adopted with the Texas Register under the commissioner's rulemaking authority. This item adopts an amendment to 19 TAC Chapter 61, School Districts, Subchapter CC, Commissioner's Rules Concerning School Facilities, §61.1036, School Facilities Standards for Construction on or after January 1, 2004. The adopted amendment adds to the existing facilities standards inspection requirements for portable, modular school buildings, in accordance with House Bill (HB) 1886, 80th Texas Legislature, 2007. The adopted amendment also incorporates other revisions, such as adding several definitions, modifying certain existing definitions, and updating the name of a state agency and a statutory reference. No changes were made to the rule since published as proposed.
STATUTORY AUTHORITY:
Texas Education Code (TEC), §46.002 and §46.008.
EFFECTIVE DATE:
September 24, 2008.
BACKGROUND INFORMATION AND SIGNIFICANT ISSUES:
Through 19 TAC §61.1036, adopted to be effective June 9, 2003, the commissioner exercised rulemaking authority to specify in rule standards for the construction and adequacy of school facilities. The current provisions include requirements for the certification of the design and construction of school buildings, space and square footage requirements for these buildings, construction quality standards for these buildings, and definitions of applicable terms.
HB 1886, 80th Texas Legislature, 2007, amended the TEC, §46.008, relating to school facilities standards, to include requirements that portable, modular buildings for use as school facilities be inspected for compliance with mandatory building codes or approved designs, plans, and specifications. The adopted amendment to 19 TAC §61.1036 incorporates these statutory changes, as well as other updates and revisions, as follows.
Subsection (a) has been revised to include definitions for architect, engineer, and portable, modular building. The paragraphs in the subsection have been renumbered accordingly.
Subsection (f) has been revised to modify the requirements for a qualified building code consultant in paragraphs (1)(A) and (2)(A) and the definition of qualified code inspector in paragraphs (1)(D) and (2)(D). New paragraph (3) has been added to address special provisions for portable, modular buildings. Subsection (f) has also been revised to update the name of a state agency in paragraph (4)(B) and a statutory reference in paragraph (4)(D).
Technical corrections have been made throughout the section to correct references, word usage, and punctuation.
No changes were made to the rule since published as proposed.
FISCAL IMPACT:
The Texas Education Agency has determined that there are no additional costs to persons or entities required to comply with the proposed rule action. In addition, there is no direct adverse economic impact for small businesses and microbusinesses; therefore, no regulatory flexibility analysis, specified in Texas Government Code, §2006.002, is required.
PUBLIC AND STUDENT BENEFIT:
The adopted amendment ensures that Texas schoolchildren attend school in structurally sound educational facilities.
PROCEDURAL AND REPORTING IMPLICATIONS:
None.
LOCALLY MAINTAINED PAPERWORK REQUIREMENTS:
None.
PUBLIC COMMENTS:
The public comment period on the proposal began July 11, 2008, and ended August 11, 2008. No public comments were received.
ALTERNATIVES:
None.
OTHER COMMENTS AND RELATED ISSUES:
None.
Staff Members Responsible:
Adam Jones, Deputy Commissioner, Finance and Administration
Shirley Beaulieu, Associate Commissioner, Finance / CFO
Lisa Dawn-Fisher, Deputy Associate Commissioner, School Finance
For additional information, email rules@tea.state.tx.us.