Texas 2017 - 85th Regular

Texas House Bill HB1737 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	85R24961 KSD-D
2	2	By: Alvarado H.B. No. 1737
3	3	Substitute the following for H.B. No. 1737:
4	4	By: Lozano C.S.H.B. No. 1737
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to certain academic programs and projects undertaken by
10	10	public institutions of higher education at an off-campus academic
11	11	or research site or a similar location.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Section 61.0512(a), Education Code, is amended
14	14	to read as follows:
15	15	(a) A new degree or certificate program may be added at an
16	16	institution of higher education only with specific prior approval
17	17	of the board. A degree or certificate program offered at an
18	18	off-campus academic or research site is considered a new degree or
19	19	certificate program if not previously offered at the off-campus
20	20	academic or research site. A new degree or certificate program is
21	21	considered approved if the board has not completed a review under
22	22	this section and acted to approve or disapprove the proposed
23	23	program before the first anniversary of the date on which an
24	24	institution of higher education submits a completed application for
25	25	approval to the board. The board may not summarily disapprove a
26	26	program without completing the review required by this section.
27	27	The board shall specify by rule the elements that constitute a
28	28	completed application and shall make an administrative
29	29	determination of the completeness of the application not later than
30	30	the fifth business day after receiving the application. A request
31	31	for additional information in support of an application that has
32	32	been determined administratively complete does not toll the period
33	33	within which the application is considered approved under this
34	34	section.
35	35	SECTION 2. Section 61.0572(d), Education Code, is amended
36	36	to read as follows:
37	37	(d) The board may review purchases of improved real property
38	38	added to an institution's educational and general buildings and
39	39	facilities inventory to determine whether the property meets the
40	40	standards adopted by the board for cost, efficiency, space need,
41	41	and space use, but subject to Section 61.0584 the purchase of the
42	42	improved real property is not contingent on board review or
43	43	approval. Standards must be adopted by the board using the
44	44	negotiated rulemaking procedures under Chapter 2008, Government
45	45	Code. If the property does not meet those standards, the board
46	46	shall notify the governor, the lieutenant governor, the speaker of
47	47	the house of representatives, the governing board of the applicable
48	48	institution, and the Legislative Budget Board. This subsection
49	49	does not impair the board's authority to collect data relating to
50	50	the improved real property that is added each year to the
51	51	educational and general buildings and facilities inventory of
52	52	institutions of higher education.
53	53	SECTION 3. Section 61.058(b), Education Code, is amended to
54	54	read as follows:
55	55	(b) The board may review all construction, repair, or
56	56	rehabilitation of buildings and facilities at institutions of
57	57	higher education to determine whether the construction,
58	58	rehabilitation, or repair meets the standards adopted by board rule
59	59	for cost, efficiency, space need, and space use, but subject to
60	60	Section 61.0584 the construction, rehabilitation, or repair is not
61	61	contingent on board review or approval. Standards must be adopted
62	62	by the board using the negotiated rulemaking procedures under
63	63	Chapter 2008, Government Code. If the construction,
64	64	rehabilitation, or repair does not meet those standards, the board
65	65	shall notify the governor, the lieutenant governor, the speaker of
66	66	the house of representatives, the governing boards of the
67	67	applicable institutions, and the Legislative Budget Board. This
68	68	subsection does not impair the board's authority to collect data
69	69	relating to the construction, repair, or rehabilitation of
70	70	buildings and facilities occurring each year at institutions of
71	71	higher education.
72	72	SECTION 4. Subchapter C, Chapter 61, Education Code, is
73	73	amended by adding Section 61.0584 to read as follows:
74	74	Sec. 61.0584. OFF-CAMPUS ACADEMIC OR RESEARCH SITE. (a)
75	75	This section does not apply to buildings and facilities that are
76	76	located on an off-campus academic or research site, that are to be
77	77	used exclusively for auxiliary enterprises, and that will not
78	78	require appropriations from the legislature for operation,
79	79	maintenance, or repair.
80	80	(b) Based on criteria established under Subsection (d), the
81	81	board shall review and shall approve or disapprove an action taken
82	82	by the governing board of an institution of higher education or
83	83	university system, through purchase, lease, or otherwise, to:
84	84	(1) acquire improved or unimproved real property for
85	85	use at a new or existing off-campus academic or research site; or
86	86	(2) acquire or construct a building or facility for
87	87	use at a site described by Subdivision (1).
88	88	(c) The board, using the negotiated rulemaking procedures
89	89	under Chapter 2008, Government Code, shall develop a procedure for
90	90	each institution of higher education or university system to use to
91	91	identify, for purposes of the board review required by this
92	92	section, the scope and character of projects that are proposed for:
93	93	(1) an off-campus academic or research site, including
94	94	projects relating to:
95	95	(A) a multi-institution teaching center (MITC);
96	96	(B) a medical school;
97	97	(C) a branch campus;
98	98	(D) a satellite campus; and
99	99	(E) a health science center; and
100	100	(2) any other location that is separate from the main
101	101	campus of an institution and that is to be used for academic or
102	102	research purposes.
103	103	(d) Using the negotiated rulemaking procedures under
104	104	Chapter 2008, Government Code, the board shall establish criteria
105	105	for reviewing and for approving or disapproving an action taken by
106	106	the governing board of an institution of higher education or
107	107	university system as described by Subsection (b). Criteria adopted
108	108	under this subsection must prioritize the academic and research
109	109	needs of institutions of higher education while preventing
110	110	unnecessary duplication in program offerings, faculties, and
111	111	physical plants.
112	112	(e) Information related to the board's findings and
113	113	determinations under this section is not subject to the required
114	114	disclosure under Chapter 552, Government Code.
115	115	(f) The board may conduct a closed meeting pursuant to
116	116	Section 551.072, Government Code, to deliberate the approval or
117	117	disapproval of any action subject to that section and taken by the
118	118	governing board of an institution of higher education or university
119	119	system as described by Subsection (b). As necessary and
120	120	appropriate, the board may hold its closed meeting as an emergency
121	121	meeting under Section 551.045, Government Code.
122	122	(g) The board shall report its findings and determinations
123	123	under this section to the governor, the lieutenant governor, the
124	124	speaker of the house of representatives, the Legislative Budget
125	125	Board, and the governing boards of the applicable institutions of
126	126	higher education or university systems.
127	127	SECTION 5. The Texas Higher Education Coordinating Board
128	128	shall adopt the rules required by Section 61.0584, Education Code,
129	129	as added by this Act, as soon as practicable following the effective
130	130	date of this Act, but not later than August 1, 2018.
131	131	SECTION 6. The changes in law made by this Act apply only to
132	132	a proposal for acquisition or construction made on or after the
133	133	effective date of this Act. A proposal for acquisition or
134	134	construction made before the effective date of this Act is governed
135	135	by the law in effect on the date the proposal was made, and the
136	136	former law is continued in effect for that purpose.
137	137	SECTION 7. This Act takes effect September 1, 2017.