Texas Administrative Code › Title 19 - EDUCATION › Part 2 - TEXAS EDUCATION AGENCY › Chapter 61 - SCHOOL DISTRICTS › Subchapter CC - COMMISSIONER'S RULES CONCERNING SCHOOL FACILITIES › Section 61.1040 - School Facilities Standards for Construction on or after November 1, 2021

Current through Reg. 49, No. 28; July 12, 2024
(a) Definitions. The
				  following words and terms, when used in this section, shall have the following
				  meanings.
(1) Adjusted maximum instructional
				  capacity--The maximum number of students who can be served at an instructional
				  facility at any point in time as adjusted from the maximum instructional
				  capacity based on the implementation of innovative instructional or operational
				  practices.
(2) Architect--A person
				  registered as an architect under Texas Occupations Code (TOC), Chapter 1051,
				  and responsible for compliance with the architectural design requirements of
				  TOC, Chapter 1051.
(3) Authority
				  having jurisdiction--A state, local, or other regional department or an
				  individual such as a fire marshal, building official, electrical inspector, or
				  other individuals having statutory authority or authority assigned
				  contractually by the school district to enforce specified building codes in
				  accordance with subsection (j) of this section.
(4) Capital improvement project--Any school
				  facility project consisting of new construction, major renovation, or minor
				  renovation for which construction services are procured under Texas Government
				  Code (TGC), Chapter 2269, in accordance with Texas Education Code (TEC),
				  §44.031(a)(5).
(5)
				  Contractor--A sole proprietorship, partnership, corporation, or other legal
				  entity that:
(A) provides construction
				  services and assumes the risk for constructing, rehabilitating, altering, or
				  repairing all or part of a school facility at the contracted price;
(B) serves as the general contractor as
				  defined in TGC, Chapter 2269;
(C)
				  serves as a construction manager-at-risk as defined in TGC, Chapter 2269,
				  Subchapter F;
(D) serves as a
				  construction manager agent as defined in TGC, Chapter 2269, Subchapter E;
				  or
(E) serves as a prime
				  subcontractor for a project where the school district has contracted with a
				  construction manager agent.
(6) Design guidelines or standards--A written
				  document comprised of standardized information developed by the school
				  district, possibly in partnership with consultants, often adopted by a school
				  district board of trustees and provided to the design professional of record
				  for reference on capital improvement projects. It includes, but is not limited
				  to:
(A) the instructional programs, grade
				  configuration, and types of facilities in the school district;
(B) a schedule of the estimated number and
				  approximate size of all instructional and support spaces included in each
				  facility and extracurricular activities;
(C) provisions for outdoor
				  instruction;
(D) adjacencies
				  diagram(s) defining relationships between functions at the facilities;
				  and
(E) technical standards related
				  to functional requirements, systems, manufacturers, products, and
				  finishes.
(7) Design
				  professional--An architect or engineer as defined in this subsection.
(8) Designated representative--A person
				  designated by a school district board of trustees to act as the official
				  representative of the district, in accordance with TEC, §
											44.0312, and TGC,
				  §2269.053, who has the express authority to act and bind the school
				  district, to the extent and for the purposes described in the contract for
				  school facility design and construction services, including responsibilities
				  for general administration of the contract and required school district
				  certifications for educational adequacy, space, and construction
				  quality.
(9) Engineer--A person
				  registered as an engineer under TOC, Chapter 1001, and responsible for
				  compliance with engineering design requirements and other applicable
				  requirements of TOC, Chapter 1001.
(10) Hazardous chemical--This term has the
				  meaning assigned in Texas Health and Safety Code, §
											502.003(13).
(11) Inclusive design--Design that considers
				  the broad spectrum of human diversity with respect to ability, age, culture,
				  gender, language, and other forms of human difference.
(12) Instructional facility--This term has
				  the meaning assigned in TEC, §
											46.001, and includes
				  any real property, an improvement to real property, or a necessary fixture of
				  an improvement to real property that is used predominantly for teaching
				  curriculum under TEC, §
											28.002.
(13) Instructional space--All interior
				  general learning spaces, including general classrooms, collaboration spaces,
				  specialized classrooms, and laboratories. Outdoor instructional space may be
				  provided at an instructional facility but may not be used to meet minimum
				  aggregate space requirements in either method of compliance in subsections (h)
				  and (i) of this section. Certain major support spaces may be classified as
				  instructional space for purposes of complying with subsection (i) of this
				  section.
(14) Major renovation--A
				  project for the construction, addition, rehabilitation, alteration, or repair
				  of an existing school facility that exceeds $50,000 and requires the school
				  district to hire an architect and an engineer.
(15) Maximum instructional capacity--The
				  maximum number of students who can be served by an instructional facility at
				  any point in time.
(16) Maximum
				  student enrollment--The maximum number of students a school district expects to
				  enroll at an instructional facility. For the quantitative method of compliance,
				  maximum student enrollment must equal the maximum instructional capacity. For
				  the qualitative method of compliance, maximum student enrollment is allowed to
				  be higher than the maximum instructional capacity.
(17) Minor renovation--A project for the
				  construction, addition, rehabilitation, alteration, or repair of an existing
				  school facility that exceeds $50,000 and for which a school district is
				  required to hire an engineer but not an architect. If the scope of work for the
				  minor renovation project expands in the type and way that requires the hiring
				  of an architect, the project must be reclassified as a major renovation. If the
				  scope of work for the minor renovation requires that additional safety and
				  security standards under subsection (k)(2) of this section be included in the
				  scope of work of the project and those additional safety and security standards
				  require the hiring of an architect, the project does not require
				  reclassification as a major renovation.
(18) Modular, portable building--An
				  industrialized building as defined by TOC, §1202.002 and §1202.003;
				  any relocatable educational facility as defined by TOC, §1202.004,
				  regardless of the location of construction of the facility; or any other
				  manufactured or site-built building that is capable of being relocated and is
				  used as a school facility.
(19) New
				  construction--A project for the design and construction of a new school
				  facility to be used for administrative, assembly, educational, or other
				  occupancy for which a school district board of trustees is required to hire an
				  architect, or the installation of a modular building regardless of whether an
				  architect is required.
(20)
				  Non-designated entry--A door that is not operable from the exterior and is
				  designed to only allow for emergency egress.
(21) Non-instructional assembly facility--A
				  non-instructional facility where large populations of occupants congregate such
				  as arenas, performing arts centers, and stadiums.
(22) Non-instructional
				  facility--Administrative buildings, transportation centers, and other support
				  facilities that are not used predominately for teaching curriculum.
(23) Open-enrollment charter school--This
				  term has the meaning assigned in §
											100.1001(3)
				  of this title (relating to Definitions).
(24) Primary entrance--
(A) the main entrance to an instructional
				  facility that is closest to or directly connected to the reception
				  area;
(B) any exterior door the
				  school district intends to allow visitors to use to enter the facility during
				  school hours either through policy or practice; or
(C) any exterior door the school district
				  intends to allow to remain unlocked during school hours.
(25) Prime design professional--The
				  registered design professional engaged by a school district or school
				  district's authorized agent to coordinate certain aspects of the project
				  requiring review by the building official or third-party code compliance
				  officer for compatibility of the design of the building or structure with
				  applicable building codes, including the coordination of submittal documents
				  prepared by others, deferred submittal documents, and phased submittal
				  documents.
(26) Project
				  construction budget--The total aggregate dollars to be spent to execute the
				  design and construction of a capital improvement project, as approved by the
				  school district at the completion of design development to establish the
				  compliance thresholds under subsection (k) of this section in accordance with
				  the requirements of subsection (k)(2) of this section.
(27) School district--The board of trustees
				  of an independent school district or its designated representative, as
				  permitted.
(28) School
				  facility--Any instructional facility, specialized instructional facility,
				  non-instructional assembly facility, non-instructional facility, or any other
				  facility owned or operated by a school district.
(29) School level--
(A) elementary school level--an instructional
				  facility or specialized instructional facility that includes some or all grades
				  from prekindergarten through Grade 5 or Grade 6;
(B) middle school level--an instructional
				  facility or specialized instructional facility that includes some or all grades
				  from Grade 6 through Grade 8 or Grade 9, or only includes Grade 6;
(C) high school level--an instructional
				  facility or specialized instructional facility that includes some or all grades
				  from Grade 9 or Grade 10 through Grade 12, or only includes Grade 9;
				  and
(D) secondary level--an
				  instructional facility or specialized instructional facility that includes some
				  or all grades from Grade 6 through Grade 12.
(30) Secondary entrance--Any exterior door
				  that is not one of the following:
(A) a
				  primary entrance; or
(B) a door
				  that is not operable from the exterior and is designed to allow only for
				  emergency egress.
(31)
				  Specialized instructional facility--An instructional facility with a
				  specialized educational purpose such as agricultural barns.
(32) Square feet per room--The net square
				  footage of a space, including exposed storage space such as cabinets or
				  shelving, but not including hallway space, classroom door alcoves, or storage
				  space such as closets or preparation offices. The net square footage of a room
				  shall be measured from the inside surfaces of the room's walls.
(33) Square feet per student--The net square
				  footage of a room divided by the maximum number of students to be housed in
				  that room during any period of time during school hours.
(34) Third-party code compliance officer--A
				  person who a school district has contracted with and designated to have all of
				  the duties and powers of a building official, as defined by required
				  construction codes, to the extent allowable by state law, to enforce compliance
				  of any required construction code provision that is not enforced by a state or
				  local authority having jurisdiction.