Negotiated Rulemaking

About

Texas Education Code (TEC) Section 61.0331 requires the Texas Higher Education Coordinating Board (THECB) to engage in negotiated rulemaking with institutions of higher education and other affected entities in accordance with the Negotiated Rulemaking Act, Texas Government Code Chapter 2008, when adopting policies, procedures, or rules relating to certain matters.

Current Negotiated Rulemaking Activities

The THECB is required to engage in negotiated rulemaking for the abovementioned rule under Texas Education Code, §61.9991, to implement the revisions required by House Bill 400, 88th Texas Legislature, to TEC, Chapter 61, Subchapter RR, which were funded pursuant to Senate Bill 1, General Appropriations Act, Article III, Section 66, 89th Texas Legislature.

Status: Proposed Rule published in the January 16, 2026, issue of the Texas Register. Proposed Rule 30-day public comment period ended February 14, 2026.

The THECB is required to engage in negotiated rulemaking for the abovementioned rule under TEC, §51.96852, and intends to integrate requirements of §61.07771, passed during the 89th legislative session, into the existing 4U rules.
 
Status: Proposed Rule published in the January 16, 2026, issue of the Texas Register. Proposed Rule 30-day public comment period ended February 14, 2026.

The THECB is required to engage in negotiated rulemaking for the abovementioned rule under TEC, §58.011, to implement the revisions required by Senate Bill 1998 to TEC, Chapter 58, Subchapter A, and Texas General Appropriations Act, Art. III, Texas Higher Education Coordinating Board, Rider 37 (Senate Bill 1 (89R)).
 
Status: Proposed Rule published in the January 16, 2026, issue of the Texas Register. Proposed Rule 30-day public comment period ended February 14, 2026.

The THECB is required to engage in negotiated rulemaking for the abovementioned rule under TEC, §61.0331(2), to implement the revisions required by House Bill 3041 to TEC, Chapter 56, Subchapter M, and Texas General Appropriations Act, Art. III, Texas Higher Education Coordinating Board, Riders 24 and 60 (Senate Bill 1 (89R)).
 
Status: Proposed Rule published in the January 23, 2026, issue of the Texas Register. Proposed Rule 30-day public comment period ends February 21, 2026.

The Texas Higher Education Coordinating Board (THECB) is required to engage in negotiated rulemaking for the abovementioned rule under Texas Education Code, §51.968, to implement the requirements of Texas Education Code, Chapter 51, §51.968, which requires negotiated rulemaking to adopt rules for awarding undergraduate course credit for dual credit. Texas Education Code, §28.009(b), §28.0095, §61.059(p), §130.001(b)(3) – (4) and §130.008, provide the Coordinating Board with the authority to regulate dual credit partnerships between public institutions of higher education and secondary schools with regard to lower division courses, and provide funding for dual credit courses.
 
Status: Call for Nomination sent to stakeholders February 17, 2026. Deadline for nominations is February 27, 2026.

The Texas Higher Education Coordinating Board (THECB) is required to engage in negotiated rulemaking for the abovementioned rules under Texas Education Code, §61.0331(2), to implement the revisions to existing rules relating to carrying forward allocated funds from the first year of the biennium to the second.
 
Status: Call for Nomination sent to stakeholders February 17, 2026. Deadline for nominations is February 27, 2026.

Contact

Inquiries should be directed to Carrisa Stiles, Legal Assistant, Office of General Counsel.