By: Morrison (Senate Sponsor - Shapiro) H.B. No. 3790
(In the Senate - Received from the House May 15, 2009;
May 21, 2009, read first time and referred to Committee on Higher
Education; May 25, 2009, reported adversely, with favorable
Committee Substitute by the following vote: Yeas 4, Nays 0;
May 25, 2009, sent to printer.)
COMMITTEE SUBSTITUTE FOR H.B. No. 3790 By: Duncan
A BILL TO BE ENTITLED
AN ACT
relating to performance incentive funding for public institutions
of higher education and to recognition of certain student
achievement on degree completion.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 61, Education Code, is amended by adding
Subchapter FF to read as follows:
SUBCHAPTER FF. PERFORMANCE INCENTIVE FUNDING
Sec. 61.9801. PERFORMANCE INCENTIVE FUNDING FOR CERTAIN
GENERAL ACADEMIC TEACHING INSTITUTIONS. (a) This section applies
only to general academic teaching institutions other than public
state colleges.
(b) In this section:
(1) "Advanced degree" means a graduate or professional
degree for which a baccalaureate degree is usually required as a
prerequisite to admission into the degree program.
(2) "At-risk student" means an undergraduate student
of an institution to which this section applies:
(A) whose score on the Scholastic Assessment Test
(SAT) or the American College Test (ACT) is less than the national
mean score of students' scores on that test;
(B) who has been awarded a grant under the
federal Pell Grant program;
(C) who was 20 years of age or older on the date
the student initially enrolled in the institution;
(D) who initially enrolled in the institution for
less than 12 semester credit hours during a fall or spring semester;
(E) who did not receive a high school diploma but
received a high school equivalency certificate;
(F) who may not be claimed by any other person as
a dependent for federal income tax purposes but may claim at least
one other person as a dependent for federal income tax purposes; or
(G) who is a single parent.
(3) "Critical field" means a field of study designated
as a critical field under Subsection (c).
(c) Except as otherwise provided under Subdivision (2), the
fields of engineering, computer science, mathematics, physical
science, allied health, nursing, and teaching certification in the
field of science or mathematics are critical fields. Beginning
September 1, 2011, the board, based on the board's determination of
those fields of study in which the support and development of
postsecondary education programs at the bachelor's degree or
advanced degree level are most critically necessary for serving the
needs of this state, by rule may:
(1) designate as a critical field a field of study that
is not currently designated by this subsection or by the board as a
critical field; or
(2) remove a field of study from the list of fields
currently designated by this subsection or by the board as critical
fields.
(d) For each state fiscal year, the board shall distribute
any performance incentive funds appropriated by the legislature for
the purposes of this section, and any other funds made available for
the purposes of this section, to institutions to which this section
applies as follows:
(1) 50 percent in proportion to the increase, if any,
in the average number of degrees awarded annually by each
institution in the two most recent fiscal years from the average
number of degrees awarded annually by that institution in the two
fiscal years immediately preceding those fiscal years, using the
weights assigned to each degree under the table prescribed by
Subsection (e); and
(2) the remaining 50 percent in proportion to the
average number of degrees awarded annually by each institution in
the three most recent fiscal years, using the weights assigned to
each degree under the table prescribed by Subsection (e).
(e) A number of points is assigned for each degree awarded
by an eligible institution, other than a degree awarded to an
international student, according to the following table:
POINTS POINTS
POINTS
Noncritical Field/Not At-Risk Student 1.0 Noncritical Field/Not At-Risk Student 1.0
Noncritical Field/Not At-Risk Student 1.0
Noncritical Field/At-Risk Student 2.0 Noncritical Field/At-Risk Student 2.0
Noncritical Field/At-Risk Student 2.0
Critical Field/Not At-Risk Student 2.0 Critical Field/Not At-Risk Student 2.0
Critical Field/Not At-Risk Student 2.0
Critical Field/At-Risk Student 3.0 Critical Field/At-Risk Student 3.0
Critical Field/At-Risk Student 3.0
Sec. 61.9802. PERFORMANCE INCENTIVE FUNDING FOR PUBLIC
JUNIOR COLLEGES, PUBLIC TECHNICAL INSTITUTES, AND PUBLIC STATE
COLLEGES. (a) This section applies only to the following
institutions of higher education:
(1) public junior colleges;
(2) public technical institutes; and
(3) public state colleges.
(b) In this section:
(1) "At-risk student" means a student of an
institution to which this section applies:
(A) who graduated from high school with a
cumulative grade point average of less than 2.5 on a four-point
scale or the equivalent;
(B) who has been awarded a grant under the
federal Pell Grant program;
(C) who was 20 years of age or older on the date
the student enrolled in the institution for the first time;
(D) who initially enrolled in the institution for
less than 12 semester credit hours during a fall or spring semester;
(E) who did not receive a high school diploma but
received a high school equivalency certificate;
(F) who may not be claimed by any other person as
a dependent for federal income tax purposes but may claim at least
one other person as a dependent for federal income tax purposes; or
(G) who is a single parent.
(2) "Critical field" means a field of study designated
as a critical field under Subsection (c).
(c) Except as otherwise provided under Subdivision (2), the
fields of engineering technology, computer science, mathematics,
physical science, allied health, and nursing are critical fields.
Beginning September 1, 2011, the board, based on the board's
determination of those fields of study in which the support and
development of postsecondary education programs at the
lower-division level are most critically necessary for serving the
needs of this state, by rule may:
(1) designate as a critical field a field of study that
is not currently designated by this subsection or by the board as a
critical field; or
(2) remove a field of study from the list of fields
currently designated by this subsection or by the board as critical
fields.
(d) For each state fiscal year, the board shall distribute
any performance incentive funds appropriated by the legislature for
the purposes of this section, and any other funds made available for
the purposes of this section, to institutions to which this section
applies as follows:
(1) 50 percent in proportion to the increase, if any,
in the average number of student transfers described by Subsection
(g) from each institution that occur each year plus the average
number of degrees and certificates awarded annually by the
institution in the two most recent fiscal years from the average
number of student transfers described by Subsection (g) from the
institution that occur each year plus the average number of degrees
and certificates awarded annually by the institution in the two
fiscal years immediately preceding those fiscal years, using the
weights assigned to each student transfer or degree or certificate
under the table prescribed by Subsection (h); and
(2) the remaining 50 percent in proportion to the
average number of student transfers described by Subsection (g)
from each institution that occur each year plus the average number
of degrees and certificates awarded annually by the institution in
the three most recent fiscal years, using the weights assigned to
each student transfer or degree or certificate under the table
prescribed by Subsection (h).
(e) Points may not be assigned under Subsection (h) for any:
(1) certificate awarded in a Level 1 certificate
program that the board determines does not merit funding under this
section; or
(2) degree or certificate awarded to an international
student.
(f) Points may not be assigned under Subsection (h) for both
a student's certificate or degree and the student's transfer.
Points must be assigned for the student only in the category under
Subsection (h) in which the highest number of points will be
assigned for the student.
(g) Points may be assigned for a student transfer under
Subsection (h) only for a student of the institution who completed
at least 30 but not more than 70 semester credit hours at the
institution with a grade point average of at least 2.5 on a
four-point scale or the equivalent before transferring to a general
academic teaching institution other than a public state college.
(h) A number of points is assigned for each degree awarded
or student transfer by an eligible institution according to the
following table:
POINTS POINTS
POINTS
Level 1 Certificate/Noncritical Field/Not 1.0 Level 1 Certificate/Noncritical Field/Not 1.0
Level 1 Certificate/Noncritical Field/Not 1.0
At-Risk Student 1.0 At-Risk Student 1.0
At-Risk Student 1.0
Level 1 Certificate/Noncritical 1.5 Level 1 Certificate/Noncritical 1.5
Level 1 Certificate/Noncritical 1.5
Field/At-Risk Student 1.5 Field/At-Risk Student 1.5
Field/At-Risk Student 1.5
Level 1 Certificate/Critical Field/Not 1.5 Level 1 Certificate/Critical Field/Not 1.5
Level 1 Certificate/Critical Field/Not 1.5
At-Risk Student 1.5 At-Risk Student 1.5
At-Risk Student 1.5
Level 1 Certificate/Critical Field/At-Risk 2.0 Level 1 Certificate/Critical Field/At-Risk 2.0
Level 1 Certificate/Critical Field/At-Risk 2.0
Student 2.0 Student 2.0
Student 2.0
Level 2 Certificate/Noncritical Field/Not 1.5 Level 2 Certificate/Noncritical Field/Not 1.5
Level 2 Certificate/Noncritical Field/Not 1.5
At-Risk Student 1.5 At-Risk Student 1.5
At-Risk Student 1.5
Level 2 Certificate/Noncritical 2.0 Level 2 Certificate/Noncritical 2.0
Level 2 Certificate/Noncritical 2.0
Field/At-Risk Student 2.0 Field/At-Risk Student 2.0
Field/At-Risk Student 2.0
Level 2 Certificate/Critical Field/Not 2.0 Level 2 Certificate/Critical Field/Not 2.0
Level 2 Certificate/Critical Field/Not 2.0
At-Risk Student 2.0 At-Risk Student 2.0
At-Risk Student 2.0
Level 2 Certificate/Critical Field/At-Risk 2.5 Level 2 Certificate/Critical Field/At-Risk 2.5
Level 2 Certificate/Critical Field/At-Risk 2.5
Student 2.5 Student 2.5
Student 2.5
Associate's Degree/Noncritical Field/Not 2.0 Associate's Degree/Noncritical Field/Not 2.0
Associate's Degree/Noncritical Field/Not 2.0
At-Risk Student 2.0 At-Risk Student 2.0
At-Risk Student 2.0
Associate's Degree/Noncritical Field/At-Risk 2.5 Associate's Degree/Noncritical Field/At-Risk 2.5
Associate's Degree/Noncritical Field/At-Risk 2.5
Student 2.5 Student 2.5
Student 2.5
Associate's Degree/Critical Field/Not 2.5 Associate's Degree/Critical Field/Not 2.5
Associate's Degree/Critical Field/Not 2.5
At-Risk Student 2.5 At-Risk Student 2.5
At-Risk Student 2.5
Associate's Degree/Critical Field/At-Risk 3.0 Associate's Degree/Critical Field/At-Risk 3.0
Associate's Degree/Critical Field/At-Risk 3.0
Student 3.0 Student 3.0
Student 3.0
Student Transfer 2.0 Student Transfer 2.0
Student Transfer 2.0
Sec. 61.9803. PERFORMANCE INCENTIVE FUNDING FOR MEDICAL AND
DENTAL UNITS. (a) This section applies only to medical and dental
units.
(b) For each state fiscal year, the board shall distribute
any performance incentive funds appropriated by the legislature for
the purposes of this section, and any other funds made available for
the purposes of this section, to institutions to which this section
applies as follows:
(1) 50 percent in proportion to the increase, if any,
in the average number of degrees and certificates awarded by, and
medical residencies completed at, each institution annually in the
two most recent fiscal years from the average number of degrees and
certificates awarded by, and medical residencies completed at, that
institution annually in the two fiscal years immediately preceding
those fiscal years, using the weights assigned to each degree,
certificate, or medical residency completion under the table
prescribed by Subsection (c); and
(2) the remaining 50 percent in proportion to the
average number of degrees and certificates awarded by, and medical
residencies completed at, each institution annually in the three
most recent fiscal years, using the weights assigned to each
degree, certificate, or medical residency completion under the
table prescribed by Subsection (c).
(c) A number of points is assigned for each degree or
certificate awarded by, or medical residency completed at, an
eligible institution, other than a degree or certificate awarded to
or a medical residency completed by an international student,
according to the following table:
TYPE OF DEGREE OR CERTIFICATE POINTS TYPE OF DEGREE OR CERTIFICATE POINTS
TYPE OF DEGREE OR CERTIFICATE POINTS
Certificate requiring 30-60 Semester Credit Hours 0.5 Certificate requiring 30-60 Semester Credit Hours 0.5
Certificate requiring 30-60 Semester Credit Hours 0.5
Bachelor's or Master's 1.0 Bachelor's or Master's 1.0
Bachelor's or Master's 1.0
Doctoral following a Master's 1.0 Doctoral following a Master's 1.0
Doctoral following a Master's 1.0
Doctoral following a Bachelor's 2.0 Doctoral following a Bachelor's 2.0
Doctoral following a Bachelor's 2.0
Medical or Dental 2.0 Medical or Dental 2.0
Medical or Dental 2.0
Completed Medical Residency 2.0 Completed Medical Residency 2.0
Completed Medical Residency 2.0
Sec. 61.9804. RULES. The board shall adopt rules for the
administration of this subchapter.
Sec. 61.9805. REPORT TO BOARD AND LEGISLATURE BY EDUCATION
RESEARCH CENTER REGARDING EVALUATION OF POINT ASSIGNMENTS. Each
state fiscal biennium, the board shall provide for the evaluation
by an education research center established under Section 1.005 of
the points assigned under Sections 61.9801, 61.9802, and 61.9803.
Not later than June 1 of each even-numbered year, the education
research center shall submit to the board and the legislature a
written report regarding the center's evaluation under this
section, including any recommendations for changes to the points
assigned under those sections.
Sec. 61.9806. FEASIBILITY STUDY REGARDING DISTRIBUTION OF
INCENTIVE FUNDS BASED ON STUDENT ACHIEVEMENT DATA; REPORT. (a) The
board shall conduct a study to determine the feasibility of using
student achievement data as criteria for the distribution of
incentive funds to institutions of higher education. The board's
study may include an evaluation of:
(1) the types of student achievement data available;
(2) differences in degree programs and student
achievement data across degree programs;
(3) differences in student achievement data across
types of institutions of higher education;
(4) standards for measuring student achievement; and
(5) any other factors the board considers appropriate.
(b) Not later than December 1, 2010, the board shall submit
to the governor, lieutenant governor, speaker of the house of
representatives, and the presiding officer of each legislative
standing committee with primary jurisdiction over higher education
a written report regarding the board's findings under the study.
(c) This section expires September 1, 2011.
SECTION 2. Section 61.0591, Education Code, is repealed.
SECTION 3. The Texas Higher Education Coordinating Board
shall adopt rules relating to the administration of Subchapter FF,
Chapter 61, Education Code, as added by this Act, as soon as
practicable after the effective date of this Act.
SECTION 4. The Texas Higher Education Coordinating Board
shall conduct a study of whether bilingual education is a critical
field for the purposes of Subchapter FF, Chapter 61, Education
Code, as added by this Act.
SECTION 5. This Act does not make an appropriation. This
Act takes effect only if a specific appropriation for the
implementation of this Act is provided in a general appropriations
act of the 81st Legislature.
SECTION 6. This Act takes effect September 1, 2009.
* * * * *
POINTS
Noncritical Field/Not At-Risk Student 1.0
Noncritical Field/At-Risk Student 2.0
Critical Field/Not At-Risk Student 2.0
Critical Field/At-Risk Student 3.0
POINTS
Level 1 Certificate/Noncritical Field/Not 1.0
At-Risk Student 1.0
Level 1 Certificate/Noncritical 1.5
Field/At-Risk Student 1.5
Level 1 Certificate/Critical Field/Not 1.5
At-Risk Student 1.5
Level 1 Certificate/Critical Field/At-Risk 2.0
Student 2.0
Level 2 Certificate/Noncritical Field/Not 1.5
At-Risk Student 1.5
Level 2 Certificate/Noncritical 2.0
Field/At-Risk Student 2.0
Level 2 Certificate/Critical Field/Not 2.0
At-Risk Student 2.0
Level 2 Certificate/Critical Field/At-Risk 2.5
Student 2.5
Associate's Degree/Noncritical Field/Not 2.0
At-Risk Student 2.0
Associate's Degree/Noncritical Field/At-Risk 2.5
Student 2.5
Associate's Degree/Critical Field/Not 2.5
At-Risk Student 2.5
Associate's Degree/Critical Field/At-Risk 3.0
Student 3.0
Student Transfer 2.0
TYPE OF DEGREE OR CERTIFICATE POINTS
Certificate requiring 30-60 Semester Credit Hours 0.5
Bachelor's or Master's 1.0
Doctoral following a Master's 1.0
Doctoral following a Bachelor's 2.0
Medical or Dental 2.0
Completed Medical Residency 2.0