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TITLE 19EDUCATION
PART 1TEXAS HIGHER EDUCATION COORDINATING BOARD
CHAPTER 17RESOURCE PLANNING
SUBCHAPTER CRULES APPLYING TO ALL PROJECTS
RULE §17.20Criteria for Approval of Projects
Repealed Date:09/04/2014

Projects considered for approval shall meet the following criteria:

  (1) The project shall meet all applicable Board standards as described in §§17.30 - 17.51 of this title (relating to Rules Applying to New Construction and Addition Projects, Repair and Renovation Projects, and Real Property Acquisition Projects).

  (2) If the project financing involves private gift or grant funds, these funds are either in-hand or the governing board shall commit an alternative source of funds, or if the private gift or grant funds are not received, the governing board agrees to forego the project.

  (3) If the project causes an increase in student fees, such increases are executed in accordance with the applicable laws concerning approval by the student body.

  (4) If the project involves construction of a dormitory, bookstore, food service facility, or other facility for which privatization may be a viable alternative, the governing board shall have considered the feasibility of privatization of both construction and operation of the facility.

  (5) If applicable, the project complies with the minimum flood plain management standards established by the Texas Commission on Environmental Quality (TCEQ) and the Federal Emergency Management Agency (FEMA).

  (6) If the project includes the acquisition of real property, the governing board shall have given appropriate consideration to the effect of the acquisition on residential neighborhoods.

  (7) If the project includes the acquisition of real property, the acquisition shall be included in the institution's long-range campus master plan or the institution shall certify that the project represents an opportunity or emergency that could not be foreseen.

  (8) All projects, with the exception of real property acquisitions, shall be planned projects as defined in §17.3 of this title (relating to Definitions) included in the institution's most recently submitted Facilities Development Plan (MP1 report) or the institution shall certify that the project represents an opportunity or emergency that could not be foreseen.

  (9) If applicable, the project complies with Texas Government Code, §§469.001 - 469.105, concerning the elimination of restrictive barriers.

  (10) The project shall comply with Life Safety Standards adopted by the State Fire Marshal.

  (11) The institution verifies that the project complies with Texas Government Code, §447.004, regarding energy efficiency and shall provide a Certificate of Compliance to the State Energy Conservation Office prior to occupancy. If the project involves energy savings or conservation, the governing board shall have considered the feasibility of an Energy Savings Performance Contract as a viable alternative.

  (12) The institution shall verify that it will comply with Texas Government Code, §§2161.252 - 2161.253, concerning Historically Underutilized Business Subcontracting Plans.


Source Note: The provisions of this §17.20 adopted to be effective August 15, 2004, 29 TexReg 7683; amended to be effective May 26, 2013, 38 TexReg 3343

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