PART 1. COMPTROLLER OF PUBLIC ACCOUNTS
CHAPTER 7. PREPAID HIGHER EDUCATION TUITION PROGRAM
SUBCHAPTER N. TEXAS ACHIEVING A BETTER LIFE EXPERIENCE (ABLE) PROGRAM
The Comptroller of Public Accounts proposes amendments to §7.198, concerning ABLE program advisory committee. The legislation enacted within the last four years that provides the statutory authority for this proposal is Senate Bill 702, 87th Legislature, R.S., 2021.
The amendments to subsections (a) and (b) expand the categories of individuals eligible to serve on the committee to include representatives of the business, legal, or veteran community.
The amendment to subsection (e) allows the comptroller the flexibility of not appointing a replacement member to the committee provided the requirements of subsection (b) have been met.
The amendment to subsection (f) allows the presiding officer or comptroller flexibility in determining how frequently the committee meets.
The amendment to subsection (g) reduces the number of members required to be present to constitute a quorum.
Brad Reynolds, Chief Revenue Estimator, has determined that during the first five years that the proposed amended rule is in effect, the rule: will not create or eliminate a government program; will not require the creation or elimination of employee positions; will not require an increase or decrease in future legislative appropriations to the agency; will not require an increase or decrease in fees paid to the agency; will not increase or decrease the number of individuals subject to the rule's applicability; and will not positively or adversely affect this state's economy.
Mr. Reynolds also has determined that the proposed amended rule would have no significant fiscal impact on the state government, units of local government, or individuals. The proposed amended rule would benefit the public by improving the efficacy of the advisory committee by granting the comptroller increased flexibility in appointing members to the advisory committee and by removing certain restrictions and requirements on advisory committee meetings. There would be no significant anticipated economic cost to the public. The proposed amended rule would have no significant fiscal impact on small businesses or rural communities.
You may submit comments on the proposal to Linda A. Fernandez, Director, Educational Opportunities and Investments Division, 111 E. 17th Street, Austin, Texas 78774 or to the email address: linda.fernandez@cpa.texas.gov. The comptroller must receive your comments no later than 30 days from the date of publication of the proposal in the Texas Register.
The amendments are proposed under Education Code, §54.6181, which authorizes the Texas Prepaid Higher Education Tuition Board by rule to establish advisory committees to make recommendations on programs, rules, and policies administered by the board.
The amendments implement Education Code, §54.6181.
§7.198.ABLE Program Advisory Committee.
(a) The ABLE Program Advisory Committee is established to provide to the Board the committee's collective expertise as members, advocates, financial, business, legal, and veteran advisors, or other supporters of the disability community regarding the administration of and experiences with the ABLE Program. The role and responsibility of the advisory committee is to advise and make recommendations to the Board. The goal of the advisory committee is to support the Board in ensuring that the needs of ABLE Program participants are met.
(b) The comptroller shall appoint at least five and not more than seven members to the advisory committee, including at least one member from each of the following groups:
(1) persons with a disability who qualify for the program;
(2) family members of a person with a disability who qualifies for the program;
(3) representatives of disability advocacy organizations or the veteran community;
[and]
(4) representatives of the financial community;
and[.]
(5) representatives of the business or legal community.
(c) The comptroller shall designate one appointed member to act as the presiding officer of the advisory committee.
(d) The initial members appointed to the advisory committee shall serve for staggered terms, starting on the date of their appointment, with the first two appointees serving for a six-year term, the next two appointees serving for a four-year term and the remaining appointees serving for a two-year term. Members appointed to replace the initial appointed members shall serve for six-year terms from the date of their appointment.
(e) All advisory committee members are appointed by
and serve at the pleasure of the comptroller. Subject to subsection
(b) of this section, in [In] the event of a [any] vacancy [occurring] on the advisory committee,
the comptroller may [shall] appoint a replacement to [who shall] serve the remainder of the unexpired
term.
(f) The advisory committee shall meet as [at least once every six months or more] frequently as the presiding
officer or comptroller determines is necessary to carry out the responsibilities
of the committee.
(g) A majority [Two-thirds] of
the appointed members shall constitute a quorum.
(h) Members must complete training provided by the comptroller prior to being an active voting member of the committee.
(i) A member of the advisory committee is not entitled to compensation or reimbursement for travel expenses.
(j) In addition to any requirements provided by law, the advisory committee shall adopt and enforce an ethics and conflicts of interest policy that applies to all members of the advisory committee.
(k) The continuing need for the advisory committee shall be evaluated by the Board at least once every two years; the Board may abolish the advisory committee at any time it determines that the advisory committee is no longer needed.
(l) The advisory committee shall adopt a policy to ensure it complies with any applicable provisions of Government Code, Chapter 551 regarding open meetings.
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 December 9, 2024.
TRD-202405924
Victoria North
General Counsel for Fiscal and Agency Affairs
Comptroller of Public Accounts
Earliest possible date of adoption: January 26, 2025
For further information, please call: (512) 475-2220