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TITLE 19EDUCATION
PART 1TEXAS HIGHER EDUCATION COORDINATING BOARD
CHAPTER 17RESOURCE PLANNING
SUBCHAPTER BBOARD APPROVAL
RULE §17.12Delegation of Approval Authority

(a) Commissioner. The Board authorizes the Commissioner, and the Deputy Commissioner for Academic Planning and Policy when acting on behalf of the Commissioner, to review or approve the following types of projects upon certification of authority by the proposing institution's governing board that the project meets all of the specified Board standards for that project type.

  (1) New construction with a total project cost of $15 million but less than $25 million;

  (2) Repair and renovation of existing buildings or facilities with a total project cost of $15 million but less than $25 million;

  (3) Gifts or acquisition of improved real property with E&G space having a value of $5 million but less than $10 million;

  (4) Purchase of real property having a value of $5 million but less than $10 million;

  (5) Evaluation of projects funded more than 50 percent with tuition revenue bond proceeds that meet Board standards having a total projected cost of $25 million or more;

  (6) Auxiliary enterprise projects being acquired, constructed, or renovated without the use of state general revenue funds and with a total project cost of $15 million but less than $25 million;

  (7) Projects previously reviewed or approved by the Commissioner but requiring first or second reconsideration under the provisions of §17.14 of this title (relating to Re-approval of Projects), providing they continue to be eligible for Commissioner approval;

  (8) Projects previously reviewed or approved by the Board, Committee, or Commissioner that require reconsideration under the provisions of §17.14 of this title (relating to Re-approval of Projects) relating to any change in the funding source of an approved project with a total projected cost of $25 million or more; and

  (9) New construction, major repair and renovation, or property acquisition that affects only the University System and not a member institution, and has a total projected cost of $15 million but less than $25 million;

  (10) Emergency requests eligible for Commissioner approval under the provisions of §17.22 of this title (relating to Emergency Approval of Projects);

  (11) Projects not meeting the criteria of §17.3(57) of this title (relating to Definitions, planned project), that are otherwise eligible for Commissioner level approval; and

  (12) Any project referred to the Commissioner by the Assistant Commissioner.

(b) Assistant Commissioner. The Board authorizes the Assistant Commissioner and the Deputy Assistant Commissioner for Planning and Accountability when acting on behalf of the Assistant Commissioner, to approve the following types of projects, upon certification of authority by the proposing institution's governing board that the project meets all of the specified Board standards for that project type:

  (1) New construction with a total project cost less than $15 million;

  (2) Repair and renovation of existing buildings or facilities with a total project cost less than $15 million;

  (3) Gifts or acquisition of improved real property with E&G space having a value less than $5 million;

  (4) Purchase of real property having a value less than $5 million;

  (5) Evaluation of projects funded more than 50 percent with tuition revenue bond proceeds that meet Board standards with a total projected cost less than $25 million;

  (6) Auxiliary enterprise projects being acquired, constructed, or renovated without the use of state general revenue funds and with a total project cost less than $15 million;

  (7) Projects previously reviewed or approved by the Assistant Commissioner but requiring first or second reconsideration under the provisions of §17.14 of this title (relating to Re-approval of Projects), providing they continue to be eligible for Assistant Commissioner approval;

  (8) Projects previously reviewed or approved by the Board, Committee, Commissioner, Deputy Commissioner for Academic Planning and Policy, or Assistant Commissioner that require reconsideration under the provisions of §17.14 of this title (relating to Re-approval of Projects) relating to any change in the funding source of an approved project with a total projected cost less than $25 million;

  (9) New construction, major repair and renovation, or property acquisition that affects only the University System, and not a member institution, and has a total projected cost less than $15 million; and

  (10) Projects not meeting the criteria of §17.3(57) of this title, that are otherwise eligible for Assistant Commissioner level approval.

(c) Committee on Affordability, Accountability and Planning. The Board authorizes the Committee to approve the following types of projects, upon certification of authority by the proposing institution's governing board:

  (1) New construction projects having a total project cost of $25 million but less than $50 million;

  (2) Repair and renovation of existing buildings or facilities having a total project cost of more than $25 million;

  (3) Purchase of real property having a value of $10 million but less than $25 million;

  (4) Gifts or acquisition of improved real property with E&G space having a value of $10 million but less than $25 million;

  (5) Evaluation of projects funded more than 50 percent with tuition revenue bond proceeds and not qualifying for Commissioner approval;

  (6) Auxiliary enterprise projects having a total project cost of $25 million but less than $50 million;

  (7) Projects previously approved but requiring re-approval under the provisions of §17.14 of this title (relating to Re-approval of Projects) and not eligible for re-approval by the Commissioner;

  (8) Any new construction, major repair and renovation, or property acquisition submitted by a University System that only affects the system, and not a component institution with a total projected cost of $25 million or more;

  (9) Emergency requests eligible for Committee approval under the provisions of §17.22 of this title (relating to Emergency Approval of Projects);

  (10) Any project referred to the Committee by the Commissioner or the Assistant Commissioner;

  (11) Any project requiring a third re-approval under the provisions of §17.14 of this title (relating to Re-approval of Projects); and

  (12) Projects not meeting the criteria of §17.3(57) of this title, that are otherwise eligible for Committee on Affordability, Accountability, and Planning level approval.

(d) Board. The following types of projects shall be considered for approval by the Board:

  (1) New construction with a total project cost of $50 million or more;

  (2) Purchase of real property having a value of $25 million or more;

  (3) Gifts or acquisition of improved real property with E&G space having a value of $25 million or more;

  (4) Auxiliary enterprise projects costing $50 million or more; and

  (5) Any project referred to the Board by the Committee or the Commissioner.

(e) The Commissioner may refer projects to the Committee or the Board. The Committee may refer projects to the Board. The Assistant Commissioner may refer projects to the Deputy Commissioner for Academic Planning and Policy, or the Commissioner.

(f) Decisions of the Committee are final. Decisions of the Commissioner may be appealed to the Board.

(g) Decisions of the Assistant Commissioner may be appealed to the Deputy Commissioner for Academic Planning and Policy, or the Commissioner.


Source Note: The provisions of this §17.12 adopted to be effective August 15, 2004, 29 TexReg 7681; amended to be effective February 22, 2005, 30 TexReg 838; amended to be effective November 22, 2005, 30 TexReg 7735; amended to be effective February 18, 2008, 33 TexReg 1325; amended to be effective November 18, 2008, 33 TexReg 9230; amended to be effective May 26, 2013, 38 TexReg 3343

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