TX
Texas House Bill HB2432

Texas 2017 - 85th Regular

Texas House Bill HB2432 Compare Versions

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1-85R9033 MM-F
2- By: Raney H.B. No. 2432
1+By: Raney (Senate Sponsor - Seliger) H.B. No. 2432
2+ (In the Senate - Received from the House May 10, 2017;
3+ May 10, 2017, read first time and referred to Committee on Higher
4+ Education; May 15, 2017, reported adversely, with favorable
5+ Committee Substitute by the following vote: Yeas 7, Nays 0;
6+ May 15, 2017, sent to printer.)
7+Click here to see the committee vote
8+ COMMITTEE SUBSTITUTE FOR H.B. No. 2432 By: Seliger
39
410
511 A BILL TO BE ENTITLED
612 AN ACT
7- relating to the establishment of a university system center located
8- in Brazos County as part of The Texas A&M University System.
13+ relating to certain academic programs and projects undertaken by
14+ public institutions of higher education at a location other than
15+ the institution's main campus.
916 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10- SECTION 1. Chapter 87, Education Code, is amended by adding
17+ SECTION 1. Section 61.0512(a), Education Code, is amended
18+ to read as follows:
19+ (a) A new degree or certificate program may be added at an
20+ institution of higher education only with specific prior approval
21+ of the board. A degree or certificate program offered at an
22+ off-campus academic or research site is considered a new degree or
23+ certificate program if not previously offered at the off-campus
24+ academic or research site. A new degree or certificate program is
25+ considered approved if the board has not completed a review under
26+ this section and acted to approve or disapprove the proposed
27+ program before the first anniversary of the date on which an
28+ institution of higher education submits a completed application for
29+ approval to the board. The board may not summarily disapprove a
30+ program without completing the review required by this section.
31+ The board shall specify by rule the elements that constitute a
32+ completed application and shall make an administrative
33+ determination of the completeness of the application not later than
34+ the fifth business day after receiving the application. A request
35+ for additional information in support of an application that has
36+ been determined administratively complete does not toll the period
37+ within which the application is considered approved under this
38+ section.
39+ SECTION 2. Section 61.0572(d), Education Code, is amended
40+ to read as follows:
41+ (d) The board may review purchases of improved real property
42+ added to an institution's educational and general buildings and
43+ facilities inventory to determine whether the property meets the
44+ standards adopted by the board for cost, efficiency, space need,
45+ and space use, but subject to Section 61.0584 the purchase of the
46+ improved real property is not contingent on board review or
47+ approval. Standards must be adopted by the board using the
48+ negotiated rulemaking procedures under Chapter 2008, Government
49+ Code. If the property does not meet those standards, the board
50+ shall notify the governor, the lieutenant governor, the speaker of
51+ the house of representatives, the governing board of the applicable
52+ institution, and the Legislative Budget Board. This subsection
53+ does not impair the board's authority to collect data relating to
54+ the improved real property that is added each year to the
55+ educational and general buildings and facilities inventory of
56+ institutions of higher education.
57+ SECTION 3. Section 61.058(b), Education Code, is amended to
58+ read as follows:
59+ (b) The board may review all construction, repair, or
60+ rehabilitation of buildings and facilities at institutions of
61+ higher education to determine whether the construction,
62+ rehabilitation, or repair meets the standards adopted by board rule
63+ for cost, efficiency, space need, and space use, but subject to
64+ Section 61.0584 the construction, rehabilitation, or repair is not
65+ contingent on board review or approval. Standards must be adopted
66+ by the board using the negotiated rulemaking procedures under
67+ Chapter 2008, Government Code. If the construction,
68+ rehabilitation, or repair does not meet those standards, the board
69+ shall notify the governor, the lieutenant governor, the speaker of
70+ the house of representatives, the governing boards of the
71+ applicable institutions, and the Legislative Budget Board. This
72+ subsection does not impair the board's authority to collect data
73+ relating to the construction, repair, or rehabilitation of
74+ buildings and facilities occurring each year at institutions of
75+ higher education.
76+ SECTION 4. Subchapter C, Chapter 61, Education Code, is
77+ amended by adding Section 61.0584 to read as follows:
78+ Sec. 61.0584. OFF-CAMPUS ACADEMIC OR RESEARCH SITE.
79+ (a) This section does not apply to buildings and facilities that
80+ are located on an off-campus academic or research site, that are to
81+ be used exclusively for auxiliary enterprises, and that will not
82+ require appropriations from the legislature for operation,
83+ maintenance, or repair.
84+ (b) Based on criteria established under Subsection (d), the
85+ board shall review and shall approve or disapprove an action taken
86+ by the governing board of an institution of higher education or
87+ university system, through purchase, lease, or otherwise, to:
88+ (1) acquire improved or unimproved real property for
89+ use at a new or existing off-campus academic or research site; or
90+ (2) acquire or construct a building or facility for
91+ use at a site described by Subdivision (1).
92+ (c) The board, using the negotiated rulemaking procedures
93+ under Chapter 2008, Government Code, shall develop a procedure for
94+ each institution of higher education or university system to use to
95+ identify, for purposes of the board review required by this
96+ section, the scope and character of projects that are proposed for:
97+ (1) an off-campus academic or research site, including
98+ projects relating to:
99+ (A) a multi-institution teaching center (MITC);
100+ (B) a medical school;
101+ (C) a branch campus;
102+ (D) a satellite campus; and
103+ (E) a health science center; and
104+ (2) any other location that is separate from the main
105+ campus of an institution and that is to be used for academic or
106+ research purposes.
107+ (d) Using the negotiated rulemaking procedures under
108+ Chapter 2008, Government Code, the board shall establish criteria
109+ for reviewing and for approving or disapproving an action taken by
110+ the governing board of an institution of higher education or
111+ university system as described by Subsection (b). Criteria adopted
112+ under this subsection must prioritize the academic and research
113+ needs of institutions of higher education while preventing
114+ unnecessary duplication in program offerings, faculties, and
115+ physical plants.
116+ (e) Information related to the board's findings and
117+ determinations under this section is not subject to the required
118+ disclosure under Chapter 552, Government Code.
119+ (f) The board may conduct a closed meeting pursuant to
120+ Section 551.072, Government Code, to deliberate the approval or
121+ disapproval of any action subject to that section and taken by the
122+ governing board of an institution of higher education or university
123+ system as described by Subsection (b). As necessary and
124+ appropriate, the board may hold its closed meeting as an emergency
125+ meeting under Section 551.045, Government Code.
126+ (g) The board shall report its findings and determinations
127+ under this section to the governor, the lieutenant governor, the
128+ speaker of the house of representatives, the Legislative Budget
129+ Board, and the governing boards of the applicable institutions of
130+ higher education or university systems.
131+ SECTION 5. Chapter 87, Education Code, is amended by adding
11132 Subchapter M to read as follows:
12133 SUBCHAPTER M. UNIVERSITY SYSTEM CENTERS
13134 Sec. 87.881. UNIVERSITY SYSTEM CENTER IN BRAZOS COUNTY.
14135 (a) The board of regents of The Texas A&M University System may
15136 establish and operate a university system center in Brazos County.
16137 (b) The programs offered at the university system center
17138 shall be authorized in accordance with the rules of the Texas Higher
18139 Education Coordinating Board.
19140 (c) The board of regents of The Texas A&M University System
20141 has the sole authority to name the university system center
21142 authorized by this section.
22- SECTION 2. This Act takes effect immediately if it receives
23- a vote of two-thirds of all the members elected to each house, as
24- provided by Section 39, Article III, Texas Constitution. If this
25- Act does not receive the vote necessary for immediate effect, this
26- Act takes effect September 1, 2017.
143+ SECTION 6. The changes in law made by this Act to Subchapter
144+ C, Chapter 61, Education Code, apply only to a proposal for
145+ acquisition or construction made on or after the effective date of
146+ this Act. A proposal for acquisition or construction made before
147+ the effective date of this Act is governed by the law in effect on
148+ the date the proposal was made, and the former law is continued in
149+ effect for that purpose.
150+ SECTION 7. This Act takes effect September 1, 2017.
151+ * * * * *