84R11955 JRJ-D By: Zerwas H.B. No. 3569 A BILL TO BE ENTITLED AN ACT relating to the Texas Higher Education Coordinating Board. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 61.022, Education Code, is amended by amending Subsection (a) and adding Subsection (a-1) to read as follows: (a) The board shall consist of nine members appointed by the governor [so as to provide representation from all areas of the state] with the advice and consent of the senate, and as the constitution provides. Members must be appointed as follows: (1) five members representing different geographic regions of the state; (2) one member representing the business and industry community; and (3) three members representing different types of institutions of higher education. (a-1) Members of the board serve staggered six-year terms. The terms of one-third of the members expire August 31 of each odd-numbered year. SECTION 2. Sections 61.051(a) and (a-5), Education Code, are amended to read as follows: (a) The board represents the highest authority in the state in matters of public higher education and is charged with the duty to take an active part in promoting quality education throughout the state by coordinating the pathway of students through the higher education system of this state by: (1) providing a statewide perspective to ensure the efficient and effective use of higher education resources and to eliminate unnecessary duplication; (2) developing and evaluating progress toward a long-range master plan for higher education and providing analysis and recommendations to link state spending for higher education with the goals of the long-range master plan; (3) collecting and making accessible data on higher education in the state and aggregating and analyzing that data to support policy recommendations; (4) making recommendations to improve the efficiency and effectiveness of transitions, including between high school and postsecondary education, between institutions of higher education for transfer purposes, and between postsecondary education and the workforce; and (5) administering programs and trusteed funds for financial aid and other grants as necessary to achieve the state's long-range goals and as directed by the legislature. (a-5) In conjunction with development of the long-range master plan under Subsection (a-1), the board shall evaluate the role and mission of each institution of higher education [general academic teaching institution, other than a public state college,] to ensure that the roles and missions of the institutions collectively contribute to the state's goals identified in the master plan. SECTION 3. Section 61.0512(c), Education Code, is amended to read as follows: (c) The board shall review each degree or certificate program offered by an institution of higher education at the time the institution requests to implement a new program to ensure that the program: (1) is needed by the state and the local community and does not unnecessarily duplicate programs offered by other institutions of higher education or private or independent institutions of higher education; (2) has adequate financing from legislative appropriation, funds allocated by the board, or funds from other sources; (3) has necessary faculty and other resources to ensure student success; [and] (4) meets academic standards specified by law or prescribed by board rule, including rules adopted by the board for purposes of this section, or workforce standards established by the Texas Workforce Investment Council; and (5) will positively impact the state's economy and assist in meeting the state's workforce needs. SECTION 4. Section 61.059(a), Education Code, is amended to read as follows: (a) To finance a system of higher education and to secure an equitable distribution of state funds deemed to be available for higher education, the board shall perform the functions described in this section. Funding policies shall: (1) allocate resources efficiently and provide incentives for programs of superior quality and for institutional diversity; (2) provide incentives for supporting the five-year master plan developed and revised under Section 61.051; (3) discourage unnecessary duplication of course offerings between institutions and unnecessary construction on any campus; [and] (4) emphasize an alignment with education goals established by the board; and (5) encourage course offerings that will positively impact the state's economy. SECTION 5. Section 61.0592(d), Education Code, is amended to read as follows: (d) In addition to the funding included under Subsection (c), in the formulas established under Section 61.059, as an incentive for the institutions to reduce tuition rates under Section 54.061, the board may include additional funding that represents a portion of the savings to the state resulting from the institution's efficient use of resources, which may be used to provide grants to students enrolling in courses offered during off-peak hours. SECTION 6. Section 61.07761, Education Code, is amended by adding Subsection (c) to read as follows: (c) The board may adjust amounts distributed under financial aid allocation methodologies established under this section as necessary to ensure the efficient use of funds in serving the higher education needs of students in this state. SECTION 7. The change in law made by this Act to Section 61.022, Education Code, applies beginning with the first appointment made following the effective date of this Act. A member of the Texas Higher Education Coordinating Board on the effective date of this Act is governed by the law in effect on the date the appointment of that member was made, and the former law is continued in effect for that purpose. SECTION 8. This Act takes effect September 1, 2015.