By: Seliger S.B. No. 857 (In the Senate - Filed February 26, 2013; March 5, 2013, read first time and referred to Committee on Higher Education; April 4, 2013, reported adversely, with favorable Committee Substitute by the following vote: Yeas 7, Nays 0; April 4, 2013, sent to printer.) COMMITTEE SUBSTITUTE FOR S.B. No. 857 By: Seliger A BILL TO BE ENTITLED AN ACT relating to the authority of the Texas Higher Education Coordinating Board regarding the initiation, consolidation, or elimination of a degree or certificate program offered by a public institution of higher education. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 61.051, Education Code, is amended by amending Subsection (e) and adding Subsection (e-1) to read as follows: (e) The board shall review periodically the role and mission statements, the table of programs, and all degree and certificate programs offered by the public institutions of higher education to assure that they meet the present and future needs of the state and the counties in which they are located. The board's review shall be performed at least every four years and shall involve the chairperson of the institution's board of regents. The board shall also order the initiation[, consolidation, or elimination] of a degree or certificate program if the board determines [programs where] that action is in the best interest of the institution, [public institutions themselves or the general requirements of] the State of Texas, or the county [counties] in which the institution is [they are] located, or when that action offers hope of achieving excellence by a concentration of available resources. No new department, school, degree program, or certificate program may be added at any public institution of higher education except with specific prior approval of the board. The board may recommend that [authorize] an institution [to] continue a doctoral program that is inconsistent with the role and mission of the institution if the program was in existence on September 1, 1987, and the board determines that continuation of the program is warranted. (e-1) The board may not order the consolidation or elimination of any degree or certificate program offered by an institution of higher education but may make recommendations to the institution's governing board for that action if the board determines that action satisfies the criteria prescribed by Subsection (e) for ordering the initiation of a program. SECTION 2. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2013. * * * * *