Texas Register, Volume 15, Number 42, (Volume II)Pages 3121-3269, June 5, 1990 Page: 3,154
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step review is required for new construction
that would require formula funding. Certain
time limits are imposed for new construction,
repair and rehabilitation, and land acquisition
projects. A new rule is added stating that
under certain conditions the coordinating
board shall review for approval improved real
property acquired by gift or lease purchase. A
new rule is added concerning institutional
assessment of its fees for instructional and
research equipment.
Don Brown, deputy Commissioner has
determined that for the first five-year period
the sections are in effect there will be no
fiscal implications for state or local
government as a result of enforcing or
administering the sections.
Mr. Brown also has determined that for each
year of the first five years the sections are in
effect the public benefit anticipated as a result
of enforcing the sections will be more efficient
planning of construction, operation, and
maintenance of university facilities. There will
be no effect on small businesses. There is no
anticipated economic cost to persons who are
required to comply with the sections as
proposed.
Comments on the proposal may be submitted
to Kenneth H. Ashworth, Commissioner of
Higher Education, Texas Higher Education
Coordinating Board, P.O. Box 12788, Austin,
Texas 78711.
The new sections are proposed under the
Texas Education Code, 61.0572 and Texas
Civil Statutes, Article 61.058, which provides
the Coordinating Board with the authority to
adopt rules regarding campus planning and
physical facilities development.
17.21. Object. The provisions of this
subchapter are to prescribe the criteria
which shall be considered by the Coordinat-
ing Board in approving or disapproving all
new construction and major repair and
rehabilitation of all buildings and facilities
at institutions of higher education, regard-
less of proposed use or source of funding as
required by the Texas Education Code,
61.058.
17.22. Scope of Coordinating Board
Review.
(a) If the cost of a proposed project
is not more than $600,000, the Coordinating
Board's consideration and determination
shall be limited to the purpose for which
such new or remodeled building shall be
used and its gross dimensions to assure
conformity with approved space utilization
standards and the institution's approved
programs and role and scope. An evaluation
of the effectiveness of use of the space in
the proposed facility, of current institutional
space availability, effectiveness of
utilization of existing space, and relative
need for additional space will be made from
the current physical facilities inventory on
file at the Coordinating Board.(b) For projects that exceed
$600,000, the board may consider cost fac-
tors and the financial implications of theproject to the state.
17.23. Campus Master Plans.
(a) Consideration of new
construction or major repair and
rehabilitation projects shall be based upon a
comprehensive and current institutional
campus master plan on file at the Coordi-
nating Board. In accordance with the Texas
Education Code, 61.0582, the campus
master plan should include:
(1) an assessment of the de-
ferred maintenance needs, including regu-
lar, preventive maintenance needs;
(2) a plan to address the de-
ferred maintenance needs;
(3) the amount the institution
plans to designate each fiscal year for re-
pairs, rehabilitations, and deferred
maintenance projects:
(4) the funding source of any
new construction project that costs more
than $300,000 or repair and rehabilitation
project that costs more than $600,000. An
institution shall be subject to further review
by the Coordinating Board or Campus Plan-
ning Committee if any change in the fund-
ing source, as stated in the master plan, of a
project occurs;
(5) a description of the projects
for which an institution plans to expend
HEAF or PUF funds (the Texas Constitu-
tion, Article VII, 17 or 18);
(6) any proposed new
construction, repair and rehabilitation, land
acquisition, or other construction projects
that will be placed on the agenda for Coor-
dinating Board consideration. The current
master plan on file with the Coordinating
Board must contain all requested projects.
The master plan must be updated by
October 15th of each year. Each institution
should have on file with the Coordinating
Board a current inventory of space and the
reports necessary to determine conformity
with space standards. A new construction
project, repair and rehabilitation project, or
land acquisition project that is not in an
institution's master plan may be considered
by the Board if it is determined by the
Coordinating Board staff to be a true
emergency. A true emergency is considered
to be one which careful planning by an
institution could not have foreseen.
(b) The board will use the
information reported in master plans to as-
sess the deferred maintenance needs of
institutions and will include its findings in
the board's annual report.
17.24. New Construction. Coordinating
Board approval for new construction fi-
nanced from any source shall be limited toprojects the total cost of which is in excess
of $300,000.17.25. Major Repair and
Rehabilitation. Coordinating Board
approval for major repair and rehabilitation
of buildings and facilities shall be limited to
projects the total cost of which is in excess
of $600,000.
17.26. Limitations (Public Junior Col-
leges). The requirement of approval by
the board does not apply to junior colleges"
construction, repair, or rehabilitation fi-
nanced entirely with funds from a source
other than the state, including funds from
Ad Valorem tax receipts of the college,
gifts, grants, and donations to the college,
and student fees.
17.27. Legislative Limitations. Required
approval or disapproval by the Coordinating
Board of new construction and major repair
and rehabilitation shall not apply to any
projects specifically approved by the
legislature.
17.28. Barriers to the Handicapped. The
Coordinating Board shall ascertain that the
standards and specifications for new
construction repair and rehabilitation of all
buildings and facilities are in accordance
with Texas Civil Statutes, Article 601b,
Article 7, regarding design barriers to the
handicapped.
17.31. Contracting for Advice on Costs
and Construction. The commissioner may
enter into an interagency contract with the
State Purchasing and General Services
Commission or seek advice elsewhere to
ensure that the construction will be under-
taken in an economical manner consistent
with the Governor's Energy Management
Center Standards and that construction not
be of elaborate or extravagant design and
materials.
17.32. Assessment of Needs for
Instructional and Research Equipment.
The institution must have completed a
recent assessment of its needs for
instructional and research equipment.
Before a proposal to construct new educa-
tional and general space that would require
formula funding will be acted on by the
Coordinating Board, the chairperson of the
institution's governing board must certify
that the need for new construction is at least
equal to the need to acquire additional or
more modern instructional and research
equipment.
17.33. Provisions for Review of Projects
Previously Approved.
(a) If the total cost of a project
previously approved by the coordinatingBoard exceeds cost estimates by more than
10% or if gross square footage is changed
by more than 10% or if contracts on a
project approved by the Coordinating Board15 TexReg 3154 June 5, 1990 Texas Register *
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Texas. Secretary of State. Texas Register, Volume 15, Number 42, (Volume II)Pages 3121-3269, June 5, 1990, periodical, June 5, 1990; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth201736/m1/36/?q=%22%5B1990..%5D%22: accessed July 16, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.