1. (a) A public junior college is not eligible to receive funds under this subchapter unless that public junior college submits a certification of compliance with the requirements of Texas Education Code, §130.003(b,) and as stated herein.

2. (b) A public junior college must submit an attestation via email to ccfinance@highered.texas.gov certifying to compliance with Texas Education Code, §130.003(b), to the Coordinating Board by August 1 of each year. The certification must be signed by the public junior college's president, or Chief Executive Officer, as applicable. The certification must certify the following:

   1. (1) That the public junior college is currently in compliance with each provision of Texas Education Code, §130.003; and
   2. (2) The public junior college has complied with all laws and Coordinating Board rules for the establishment and operation of a public junior college.

3. (c) If a public junior college has an unresolved or ongoing audit or compliance monitoring finding that the certifying official determines may preclude the public junior college's certification under Texas Education Code, §130.003(b), the public junior college shall disclose the finding(s) and provide an explanation of the finding(s) and proposed resolution.

   1. (1) The Commissioner of Higher Education shall determine whether the public junior college can demonstrate that it will be in compliance for the purpose of receiving a scheduled payment.
   2. (2) Any payment that the Coordinating Board makes to an institution pursuant to this subchapter is subject to recovery or recoupment if the certifying official does not make the required certification for the fiscal year for which the certification was required.

Source Note:The provisions of this §13.523 adopted to be effective February 15, 2024, 49 TexReg 676; amended to be effective August 15, 2024, 49 TexReg 5973.