PART 1. TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
CHAPTER 80. MANUFACTURED HOUSING
SUBCHAPTER D. LICENSING
The Manufactured Housing Division of the Texas Department of Housing and Community Affairs (the "Department") proposes to amend 10 Texas Administrative Code, Chapter 80, §80.41 relating to the regulation of the manufactured housing program.
10 Texas Administrative Code §80.41(c)(2)(D) and (E) adds that the Department may enter into an agreement with a third party to administer the licensing education exam(s) required under §1201.104 of the Manufactured Housing Standards Act. If required to be taken with the assistance of a third party, the applicant shall pay the cost of the exam.
Jim R. Hicks, Executive Director of the Manufactured Housing Division of the Texas Department of Housing and Community Affairs, has determined that for the first five-year period that the proposed rules are in effect there will be no fiscal implications for state or local government as a result of enforcing or administering these sections. There will be no effect on small businesses, micro-businesses, or rural communities because of the proposed amendments. The amendments will not cause the loss of any business opportunities or have an adverse effect on the businesses. There may be a slight economic costs to persons who are required to comply with the proposed rules, if the third party charges a fee to take the exam at their facility.
Mr. Hicks also has determined that for each year of the first five years that the proposed rules are in effect the public benefit for enforcing the amendments will be to maintain the necessary resources required to improve the general welfare and safety of purchasers of manufactured housing in this state as per §1201.002 of the Manufactured Housing Standards Act.
Mr. Hicks has also determined that for each year of the first five years the proposed rules are in effect there should be no adverse effect on a local economy, and therefore no local employment impact statement is required under Administrative Procedure Act (APA), Texas Government Code §2001.022.
Mr. Hicks has also determined that for each of the first five years the proposed rules are in effect would not have a large government growth impact. The proposed rules do not create or eliminate a government program. Implementation of the proposed rules does not require the creation of new employee positions or the elimination of existing employee positions. Implementation of the proposed rules do not require the increase or decrease in future legislative appropriations to the agency. The proposed rules do not create a new regulation. The proposed rules do not expand, limit, or repeal an existing regulation. The proposed rules do not increase or decrease the number of individuals subject to the rules applicability. The proposed rules do not positively or adversely affect this state's economy. This statement is made pursuant to the Administrative Procedures Act, Texas Government Code, §2001.0221.
If requested, the Department will conduct a public hearing on this rulemaking, pursuant to the Administrative Procedure Act, Texas Government Code §2001.029. The request for a public hearing must be received by the Department within 15 days after publication.
Comments may be submitted to Mr. Jim R. Hicks, Executive Director of the Manufactured Housing Division of the Texas Department of Housing and Community Affairs, P.O. Box 12489, Austin, Texas 78711-2489 or by e-mail at mhproposedrulecomments@tdhca.texas.gov. The deadline for comments is no later than 30 days from the date that these proposed rules are published in the Texas Register.
The amendments are proposed under §1201.052 of the Texas Occupations Code, which provides the Director with authority to amend, add, and repeal rules governing the Manufactured Housing Division of the Department and §1201.053 of the Texas Occupations Code, which authorizes the board to adopt rules as necessary and the director to administer and enforce the manufactured housing program through the Manufactured Housing Division.
No other statutes, codes, or articles are affected by the proposed rule.
§80.41.License Requirements.
(a) - (b) (No change.)
(c) Education.
(1) (No change.)
(2) Each test to be administered in connection with the course(s) will consist of a representative selection of questions from an approved set of questions approved by the Director. The test(s) will be open-book. A score of 70% correct is required to pass each test.
(A) - (B) (No change.)
(C) A licensee or applicant suspected of cheating, or a licensee assisting others with cheating may be charged with violating §1201.551 of the Act and applicable Manufactured Housing Division rules, which may result in the denial, suspension, or revocation of their license.
(D) The Department may enter into an agreement with a third party to administer each test.
(E) The applicant shall pay the cost of the test, if required to be taken with the assistance of a third party.
(3) - (8) (No change.)
(d) - (g) (No change.)
The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.
Filed with the Office of the Secretary of State on April 4, 2024.
TRD-202401407
Jim R. Hicks
Executive Director
Texas Department of Housing and Community Affairs
Earliest possible date of adoption: May 19, 2024
For further information, please call: (512) 475-2206
CHAPTER 190. GOVERNOR'S UNIVERSITY RESEARCH INITIATIVE GRANT PROGRAM
SUBCHAPTER A. DEFINITIONS AND GENERAL PROVISIONS
The Office of the Governor ("OOG") proposes an amendment to 10 TAC §190.1. The proposed amendment will list the additional types of national academic recognitions that are considered to be highly prestigious for purposes of determining who qualifies as a "Distinguished researcher," rather than cross-reference the list of such recognitions that previously existed in a rule adopted by the Texas Higher Education Coordinating Board but has since been repealed.
EXPLANATION OF PROPOSED AMENDMENT
The rule under consideration relates to the Governor's University Research Initiative ("GURI") and was implemented to create and administer the GURI grant program, as enacted by Senate Bill 632 and House Bills 7 and 26 during the 84th Legislature, Regular Session, to facilitate the recruitment of distinguished researchers to eligible Texas universities.
The proposed amendment to §190.1 lists the types of national academic recognitions that are considered to be highly prestigious for purposes of determining who qualifies as a "Distinguished researcher."
FISCAL NOTE
Adriana Cruz, Executive Director, Texas Economic Development and Tourism Office, has determined that during each year of the first five years in which the proposed amendment is in effect, there will be no expected fiscal impact on state and local governments as a result of enforcing or administering the proposed amendment.
Ms. Cruz does not anticipate any measurable effect on local employment or the local economy as a result of the proposed amendment.
PUBLIC BENEFIT AND COSTS
Ms. Cruz has also determined that during each year of the first five years in which the proposed amendment is in effect, the public benefit anticipated as a result of the proposed rule change will be to clarify the additional types of national academic recognitions that are considered to be highly prestigious for purposes of determining which individuals or groups qualify as a "Distinguished researcher." There are no anticipated economic costs for persons required to comply with the proposed rule.
Ms. Cruz has determined there may be a positive fiscal impact on the state of Texas as a result of the proposed rule, as it ensures that Texas continues to gain more distinguished researchers and see additional participation in the GURI program from the increased pool of eligible institutions.
There will be no adverse economic effect on small businesses, micro-businesses, or rural communities. Since the OOG has determined that the proposed rule will have no adverse economic effect on small businesses, micro-businesses, or rural communities, preparation of an Economic Impact Statement and a Regulatory Flexibility Analysis, as detailed under Texas Government Code §2006.002, is not required.
GOVERNMENT GROWTH IMPACT STATEMENT
Ms. Cruz has determined that during each year of the first five years in which the proposed amendment is in effect, the amendment:
1) will not create or eliminate a government program;
2) will not require the creation of new employee positions or the elimination of existing employee positions;
3) will not require an increase or decrease in future legislative appropriations to the OOG;
4) will not require an increase or decrease in fees paid to the OOG;
5) does not create new regulations;
6) will not expand, limit, or repeal existing regulations;
7) will not increase or decrease the number of individuals subject to the applicability of the rule; and
8) will not positively or adversely affect the Texas economy.
TAKINGS IMPACT ASSESSMENT
The OOG has determined that no private real property interests are affected by the proposed rule and the proposed rule does not restrict, limit, or impose a burden on an owner's rights to the owner's private real property that would otherwise exist in the absence of government action. As a result, the proposed amendment does not constitute a taking or require a takings impact assessment under Government Code §2007.043.
SUBMISSION OF COMMENTS
Written comments regarding the proposed rule amendment may be submitted for 30 days following the date of publication of this notice by mail to Terry Zrubek, Deputy Executive Director, Office of the Governor, Economic Development and Tourism, P.O. Box 12428, Austin, Texas 78711 or by email to Terry.Zrubek@gov.texas.gov with the subject line "GURI Rule Review." The deadline for receipt of comments is 5:00 p.m., Central Time, on May 19, 2024.
STATUTORY AUTHORITY
The amendment is proposed under section 62.162 of the Texas Education Code, which authorizes the Texas Economic Development and Tourism Office, in consultation with the Texas Higher Education Coordinating Board, to adopt rules necessary to administer GURI.
CROSS REFERENCE TO STATUTE
Chapter 62 of the Texas Education Code.
§190.1Definitions
The following terms and abbreviations, when used in this Chapter, shall have the following meanings, unless the context clearly indicates otherwise:
(1) "Advisory board" means the Governor's University Research Initiative Advisory Board, the nine member board appointed by the Governor.
(2) "Applicant" is the entity that applies for a grant from the Governor's University Research Initiative program.
(3) "Application" is the information that is required to be completed and submitted by an applicant for a grant from the Governor's University Research Initiative program.
(4) "Distinguished researcher" means:
(A) an individual researcher who:
(i) is a Nobel laureate;
(ii) is a member of the National Academy of Sciences, the National Academy of Engineering, or the National Academy of Medicine, formerly known as the Institute of Medicine; or
(iii) has attained one or more of the following
[a] national academic recognitions: [recognition
listed in the categories under 19 TAC §15.43(b)(3)(E)(ii), unless
the OOG, in its sole determination, determines that the recognition,
notwithstanding its inclusion in such list, is inconsistent with
the purpose and priorities of GURI; or]
(I) American Academy of Nursing Fellows;
(II) American Council of Learned Societies Fellows;
(III) American Law Institute Members;
(IV) Beckman Young Investigators;
(V) Burroughs Wellcome Fund Career Award Winners;
(VI) Cottrell Scholars;
(VII) Getty Scholars in Residence;
(VIII) Guggenheim Fellows;
(IX) Howard Hughes Medical Institute Investigators;
(X) Lasker Medical Research Award Winners;
(XI) MacArthur Foundation Fellows;
(XII) Andrew W. Mellon Foundation Distinguished Achievement Award Winners;
(XIII) National Endowment for the Humanities Fellows;
(XIV) National Humanities Center Fellows;
(XV) National Institutes of Health MERIT (R37) Winners;
(XVI) National Medal of Science Winners;
(XVII) National Medal of Technology and Innovation Winners;
(XVIII) National Science Foundation CAREER Award Winners (excluding those who are also PECASE winners);
(XIX) Newberry Library Long-term Fellows;
(XX) Pew Scholars in Biomedicine;
(XXI) Pulitzer Prize Winners;
(XXII) Presidential Early Career Awards for Scientists and Engineers (PECASE) Winners;
(XXIII) Robert Wood Johnson Health Policy Fellows;
(XXIV) Searle Scholars;
(XXV) Sloan Research Fellows;
(XXVI) Fellows of the Woodrow Wilson Center; or
(B) a group of researchers who have attained a recognition
described by subparagraph [Subparagraph] (A)(iii)
of this paragraph [Paragraph].
(5) "Eligible institution" means a general academic teaching institution or medical and dental unit.
(6) "Fund" means the Governor's University Research Initiative fund established under §62.165 of the Education Code.
(7) "General academic teaching institution" has the meaning assigned by §61.003 of the Education Code.
(8) "Governing Board" has the meaning assigned by §61.003 of the Education Code.
(9) "Grant agreement" means the GURI grant agreement executed by the Office of the Governor and the grantee.
(10) "Grantee" is the entity named as the recipient of the award in the grant agreement.
(11) "GURI" means Governor's University Research Initiative.
(12) "Medical and dental unit" has the meaning assigned by §61.003 of the Education Code.
(13) "OOG" or "Office" means the Texas Economic Development and Tourism Office within the Office of the Governor.
(14) "Private or independent institution of higher education" has the meaning assigned by §61.003 of the Education Code.
The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.
Filed with the Office of the Secretary of State on April 3, 2024.
TRD-202401403
Adriana Cruz
Executive Director, Economic Development and Tourism Office
Office of the Governor, Economic Development and Tourism Office
Earliest possible date of adoption: May 19, 2024
For further information, please call: (512) 936-0100