By: Watson S.B. No. 1470
(In the Senate - Filed March 12, 2015; March 19, 2015, read
first time and referred to Committee on Higher Education;
April 13, 2015, reported adversely, with favorable Committee
Substitute by the following vote: Yeas 7, Nays 0; April 13, 2015,
sent to printer.)
Click here to see the committee vote
COMMITTEE SUBSTITUTE FOR S.B. No. 1470 By: West
A BILL TO BE ENTITLED
AN ACT
relating to the establishment of state authorization reciprocity
agreements for postsecondary distance learning courses.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter C, Chapter 61, Education Code, is
amended by adding Section 61.05121 to read as follows:
Sec. 61.05121. STATE AUTHORIZATION RECIPROCITY AGREEMENT.
(a) The board on behalf of the state may enter into a state
authorization reciprocity agreement among states, districts, and
territories regarding the delivery of postsecondary distance
education that establishes comparable standards for the provision
of distance education by public or private degree-granting
postsecondary educational institutions in each of the states,
districts, or territories covered by the agreement to students of
the other states, districts, or territories covered under the
agreement. The board shall apply to an appropriate organization
for that purpose.
(b) The board shall administer an agreement entered into
under this section, including by:
(1) establishing an application and approval process
for a degree-granting postsecondary educational institution with
its principal campus located in this state to participate under the
agreement; and
(2) maintaining a dispute resolution procedure for
complaints regarding participating postsecondary educational
institutions located in this state.
(c) If the board obtains evidence that a public or private
postsecondary educational institution established outside this
state that is providing courses within this state under a state
authorization reciprocity agreement established under this section
is in apparent violation of the agreement or of this code or rules
adopted under this section, the board shall take appropriate action
to terminate the institution's operation within this state.
(d) The board shall adopt rules to administer this section.
SECTION 2. Section 61.401(2), Education Code, is amended to
read as follows:
(2) "Coordinating board [Board]" means the Texas
Higher Education Coordinating Board[, Texas College and University
System].
SECTION 3. Section 61.402, Education Code, is amended to
read as follows:
Sec. 61.402. REQUISITE APPROVAL. (a) Public institutions
of higher education established outside the boundaries of the State
of Texas must have the approval of the coordinating board before
offering a course or a grouping of courses within the State of
Texas.
(b) Notwithstanding Subsection (a), a public institution of
higher education established outside the boundaries of the State of
Texas may offer a course within this state without the approval of
the coordinating board if the course is provided in accordance with
a state authorization reciprocity agreement established under
Section 61.05121.
SECTION 4. Section 61.404, Education Code, is amended to
read as follows:
Sec. 61.404. PROCEDURES IN CASE OF VIOLATION. If the
coordinating board obtains evidence that a public institution of
higher education established outside the boundaries of the State of
Texas is in apparent violation of this subchapter or of rules and
regulations adopted pursuant to this subchapter, the coordinating
board shall take appropriate action to terminate its operation
within the boundaries of the State of Texas regardless of whether
the institution participates in a state authorization reciprocity
agreement established under Section 61.05121.
SECTION 5. Not later than September 1, 2016, the Texas
Higher Education Coordinating Board shall develop and submit to the
Southern Regional Education Board or other appropriate
organization a plan and application for entering into a state
authorization reciprocity agreement.
SECTION 6. 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, 2015.
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