11_04 Adopted Repeal of 19 TAC §62.1061

 

Commissioner's Rules

Adopted Repeal of 19 TAC Chapter 62, Commissioner's Rules Concerning the Equalized Wealth Level, §62.1061, Election of Trustees of District Consolidated by Commissioner


Attachments:

I. Statutory Citations (PDF)
II. Text of Adopted Repeal of 19 TAC Chapter 62, Commissioner's Rules Concerning the Equalized Wealth Level, §62.1061, Election of Trustees of District Consolidated by Commissioner (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 the repeal of 19 TAC Chapter 62, Commissioner's Rules Concerning the Equalized Wealth Level, §62.1061, Election of Trustees of District Consolidated by Commissioner. The adopted repeal removes a provision from rule that is specified in statute. No changes were made to the rule since published as proposed.

STATUTORY AUTHORITY:

Texas Education Code (TEC), §41.006.

EFFECTIVE DATE:

May 9, 2011.

BACKGROUND INFORMATION AND SIGNIFICANT ISSUES:

The TEC, §41.006(b), permits the commissioner to modify the date specified in the TEC, §41.253(b), for elections of trustees of school districts consolidated by the commissioner. The commissioner exercised rulemaking authority to adopt 19 TAC §62.1061, Election of Trustees of District Consolidated by Commissioner, effective September 13, 1993, and amended to be effective May 7, 2003. Subsequently, the date specified in the TEC, §41.253(b), was amended by House Bill 57, Section 4, 79th Texas Legislature, 2005, to be the same as the date specified in 19 TAC §62.1061. Because the election date the rule was created to modify has been modified in statute, the rule is no longer needed.

No changes were made to the rule since published as proposed.

FISCAL IMPACT:

The Texas Education Agency has determined that there are no fiscal implications to persons or entities, including local school districts and open-enrollment charter schools, required to comply with the rule action. In addition, there is no 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 repeal of 19 TAC §62.1061 removes an unnecessary provision from rule.

PROCEDURAL AND REPORTING IMPLICATIONS:

The adopted rule action has no procedural or reporting implications.

LOCALLY MAINTAINED PAPERWORK REQUIREMENTS:

The adopted rule action has no locally maintained paperwork requirements.

PUBLIC COMMENTS:

The public comment period on the proposal began February 25, 2011, and ended March 28, 2011. No public comments were received.

ALTERNATIVES:

None.

OTHER COMMENTS AND RELATED ISSUES:

None.

Staff Members Responsible:

Shirley Beaulieu, Associate Commissioner, Finance / Chief Financial Officer
Lisa Dawn-Fisher, Deputy Associate Commissioner, School Finance


For additional information, email rules@tea.state.tx.us

Page last modified on 8/30/2011.