Jan-Feb Committee on School Initiatives Item 6

Proposed Amendment to 19 TAC Chapter 30, Administration, Subchapter A, State Board of Education: General Provisions, §30.1, Petition for Adoption of Rule Changes
(First Reading and Filing Authorization)

February 3, 2017

COMMITTEE ON SCHOOL INITIATIVES: ACTION
STATE BOARD OF EDUCATION: ACTION

SUMMARY: This item presents for first reading and filing authorization a proposed amendment to 19 TAC Chapter 30, Administration, Subchapter A, State Board of Education: General Provisions, §30.1, Petition for Adoption of Rule Changes. The proposed amendment would update the petition form adopted in rule to require the petitioner to indicate that the petitioner meets one of the four definitions of an interested person specified in statute.

STATUTORY AUTHORITY: Texas Government Code, §2001.021.

Texas Government Code, §2001.021, authorizes a state agency to prescribe by rule the form for a petition and the procedure for the submission, consideration, and disposition.

EFFECTIVE DATE: The proposed effective date of the proposed amendment to 19 TAC §30.1 would be 20 days after filing as adopted with the Texas Register. Under the Texas Education Code, §7.102(f), the SBOE must approve the rule action at second reading and final adoption by a vote of two-thirds of its members to specify an effective date earlier than the beginning of the 2017-2018 school year. The earlier effective date would ensure that the petition form adopted in rule aligns with statute in a timely manner.

PREVIOUS BOARD ACTION: The SBOE adopted 19 TAC Chapter 30, Subchapter A, effective December 5, 2004. Section 30.1 was amended effective April 26, 2009.

BACKGROUND INFORMATION AND SIGNIFICANT ISSUES: Texas Government Code, §2001.021, requires that procedures to petition for the adoption of rule changes be adopted by rule. To comply with statute, the SBOE adopted 19 TAC §30.1 effective December 5, 2004. Effective April 26, 2009, the section was amended to adopt in rule as a figure the form used to petition for the adoption of rule changes to ensure compliance with statute and increase public awareness.

House Bill 763, 84th Texas Legislature, 2015, amended the Texas Government Code, §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: a resident of Texas, a business entity located in Texas, a governmental subdivision located in Texas, or a public or private organization located in Texas that is not a state agency. The proposed amendment to 19 TAC §30.1 would update Figure: 19 TAC §30.1(a) to require the petitioner to indicate that the petitioner meets one of the four definitions of an interested person specified in statute.

Although the proposed amendment to 19 TAC §30.1 was discussed at the Committee on School Initiatives meeting in November 2016 as part of the review of 19 TAC Chapter 30, Subchapter A, it was not formally presented as a discussion item. The SBOE, however, may wish to consider this item for first reading and filing authorization as authorized under its operating procedures. Therefore, this item is presented for first reading and filing authorization consideration at this meeting.

FISCAL IMPACT: The Texas Education Agency has determined that there are no additional costs to persons or entities required to comply with the proposed amendment. 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. There is no effect on local economy for the first five years that the proposed amendment is in effect; therefore, no local employment impact statement is required under Texas Government Code, §2001.022.

PUBLIC AND STUDENT BENEFIT: The proposed amendment to 19 TAC §30.1 would align the rule with statute by including the four definitions of interested person in the petition form.

PROCEDURAL AND REPORTING IMPLICATIONS: The proposed amendment would require a petitioner to indicate which of the four definitions of interested person the petitioner meets.

LOCALLY MAINTAINED PAPERWORK REQUIREMENTS: The proposed amendment would have no locally maintained paperwork requirements.

PUBLIC COMMENTS: The official public comment period will begin when the proposal, approved for first reading and filing authorization, is published in the Texas Register.

ALTERNATIVES: None.

OTHER COMMENTS AND RELATED ISSUES: A request for a public hearing on the proposal submitted under the Administrative Procedure Act must be received by the commissioner of education not more than 14 calendar days after notice of the proposal has been published in the Texas Register.

MOTION TO BE CONSIDERED: The State Board of Education:

Suspend the board operating procedures in accordance with §5.2(a) to allow consideration at first reading and filing authorization; and

Approve for first reading and filing authorization the proposed amendment to 19 TAC Chapter 30, Administration, Subchapter A, State Board of Education: General Provisions, §30.1, Petition for Adoption of Rule Changes.

Staff Member Responsible:
Cristina De La Fuente-Valadez, Director
Rulemaking

Attachments:
I. Statutory Citation (PDF, 14KB)
II. Text of Proposed Amendment to 19 TAC Chapter 30, Administration, Subchapter A, State Board of Education: General Provisions, §30.1, Petition for Adoption of Rule Changes (PDF, 33KB)