Texas 2017 - 85th Regular

Texas House Bill HB4092 Compare Versions

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1		-	85R24470 JRJ-F
2		-	By: Davis of Harris, Laubenberg, Howard H.B. No. 4092
3		-	Substitute the following for H.B. No. 4092:
4		-	By: Lozano C.S.H.B. No. 4092
	1	+	85R4806 JRJ-F
	2	+	By: Davis of Harris H.B. No. 4092
5	3
6	4
7	5		A BILL TO BE ENTITLED
8	6		AN ACT
9	7		relating to authorization by the Texas Higher Education
10	8		Coordinating Board for certain public junior colleges to offer
11	9		baccalaureate degree programs.
12	10		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13		-	SECTION 1. Chapter 130, Education Code, is amended by
14		-	adding Subchapter L, and a heading is added to that subchapter to
15		-	read as follows:
16		-	SUBCHAPTER L. BACCALAUREATE DEGREE PROGRAMS
17		-	SECTION 2. Section 130.0012(l), Education Code, is
18		-	transferred to Subchapter L, Chapter 130, Education Code, as added
19		-	by this Act, redesignated as Section 130.301, Education Code, and
20		-	amended to read as follows:
21		-	Sec. 130.301. DEFINITIONS. [(l)] In this subchapter:
22		-	(1) "Coordinating board" means the Texas Higher
23		-	Education Coordinating Board.
24		-	(2) "General academic teaching institution," "medical
25		-	and dental unit," [section, "general academic teaching
26		-	institution"] and "institution of higher education" have the
27		-	meanings assigned by Section 61.003.
28		-	SECTION 3. Section 130.0012(a), Education Code, is
29		-	transferred to Subchapter L, Chapter 130, Education Code, as added
30		-	by this Act, redesignated as Section 130.302, Education Code, and
31		-	amended to read as follows:
32		-	Sec. 130.302. BACCALAUREATE DEGREE PROGRAMS; GENERAL
33		-	AUTHORIZATION. [(a)] The coordinating board may [Texas Higher
34		-	Education Coordinating Board shall] authorize public junior
35		-	colleges to offer baccalaureate degree programs as provided by this
36		-	subchapter [in the fields of applied science and applied technology
37		-	under this section]. Offering a baccalaureate degree program under
38		-	this subchapter [section] does not otherwise alter the role and
39		-	mission of a public junior college.
40		-	SECTION 4. Section 130.0012(b), Education Code, is
41		-	transferred to Subchapter L, Chapter 130, Education Code, as added
42		-	by this Act, redesignated as Section 130.303, Education Code, and
43		-	amended to read as follows:
44		-	Sec. 130.303. AUTHORIZATION FOR CERTAIN BACCALAUREATE
45		-	DEGREE PROGRAMS. (a) [(b)] The coordinating board shall authorize
46		-	baccalaureate degree programs in the fields of applied science and
47		-	applied technology at each public junior college that previously
48		-	participated in a pilot project to offer those baccalaureate degree
49		-	programs.
50		-	(b) The coordinating board may authorize baccalaureate
51		-	degree programs at one or more public junior colleges that offer a
52		-	degree program in the field of applied science, applied technology,
53		-	or nursing and have demonstrated a workforce need.
54		-	SECTION 5. Sections 130.0012(b-1), (b-2), and (b-3),
55		-	Education Code, are transferred to Subchapter L, Chapter 130,
56		-	Education Code, as added by this Act, redesignated as Section
57		-	130.304, Education Code, and amended to read as follows:
58		-	Sec. 130.304. BACCALAUREATE IN DENTAL HYGIENE; PILOT
59		-	PROJECT. (a) [(b-1)] The coordinating board shall establish a
60		-	pilot project to examine the feasibility and effectiveness of
61		-	authorizing baccalaureate degree programs in the field of dental
62		-	hygiene at a public junior college that offers a degree program in
63		-	that field, has a main campus located in the county seat of a county
64		-	with a population greater than 200,000, and includes territory in
65		-	at least six public school districts located in two counties.
66		-	Section 130.310 [Subsection (g)] does not apply to junior-level and
67		-	senior-level courses offered under this section [subsection]. In
68		-	its recommendations to the legislature relating to state funding
69		-	for public junior colleges, the coordinating board shall recommend
70		-	that junior-level and senior-level courses offered under this
71		-	section [subsection] by a public junior college receive the same
72		-	state support as other courses offered by the public junior
73		-	college.
74		-	(b) [(b-2)] Not later than January 1, 2017, the
75		-	coordinating board shall prepare a progress report on the pilot
76		-	project established under this section [Subsection (b-1)]. Not
77		-	later than January 1, 2019, the coordinating board shall prepare a
78		-	report on the effectiveness of the pilot project, including any
79		-	recommendations for legislative action regarding the offering of
80		-	baccalaureate degree programs in the field of dental hygiene by a
81		-	public junior college. The coordinating board shall deliver a copy
82		-	of each report to the governor, the lieutenant governor, the
83		-	speaker of the house of representatives, and the chair of the
84		-	standing committee of each house of the legislature with primary
85		-	jurisdiction over higher education. Unless the authority to
86		-	continue offering a baccalaureate degree program in the field of
87		-	dental hygiene is continued by the legislature, a public junior
88		-	college may not:
89		-	(1) enroll a new student in a baccalaureate degree
90		-	program under the pilot project after the 2019 fall semester;
91		-	(2) offer junior-level or senior-level courses for
92		-	those degree programs after the 2021 fall semester, unless the
93		-	coordinating board authorizes the college to offer those courses;
94		-	or
95		-	(3) award a baccalaureate degree under the pilot
96		-	project after the 2021 fall semester, unless the coordinating board
97		-	approves the awarding of the degree.
98		-	(c) [(b-3)] This section expires [subsection and
99		-	Subsections (b-1) and (b-2) expire] on the first June 15 following
100		-	the first regular legislative session that occurs after the fourth
101		-	anniversary of the date a public junior college offering a degree
102		-	program in the field of dental hygiene under this section
103		-	[Subsection (b-1)] meets the accreditation requirements of Section
104		-	130.305 [Subsection (c)].
105		-	SECTION 6. Section 130.0012(c), Education Code, is
106		-	transferred to Subchapter L, Chapter 130, Education Code, as added
107		-	by this Act, redesignated as Section 130.305, Education Code, and
108		-	amended to read as follows:
109		-	Sec. 130.305. ACCREDITATION. [(c)] A public junior college
110		-	offering a baccalaureate degree program under this subchapter
111		-	[section] must meet all applicable accreditation requirements of
112		-	the Commission on Colleges of the Southern Association of Colleges
113		-	and Schools.
114		-	SECTION 7. Section 130.0012(d), Education Code, is
115		-	transferred to Subchapter L, Chapter 130, Education Code, as added
116		-	by this Act, redesignated as Section 130.306, Education Code, and
117		-	amended to read as follows:
118		-	Sec. 130.306. LIMITATION. (a) [(d)] A public junior
119		-	college offering a baccalaureate degree program under Section
120		-	130.303(a) [this section] may not offer more than five
121		-	baccalaureate degree programs at any time.
122		-	(b) Except as provided by Subsection (a), a public junior
123		-	college offering a baccalaureate degree program under this
124		-	subchapter may not offer more than three baccalaureate degree
125		-	programs at any time.
126		-	(c) Degree [The degree] programs offered under this
127		-	subchapter are subject to the continuing approval of the
128		-	coordinating board.
129		-	SECTION 8. Section 130.0012(e), Education Code, is
130		-	transferred to Subchapter L, Chapter 130, Education Code, as added
131		-	by this Act, redesignated as Section 130.307, Education Code, and
132		-	amended to read as follows:
133		-	Sec. 130.307. REQUIREMENTS. (a) [(e)] In determining
134		-	whether a public junior college may offer [what] baccalaureate
135		-	degree programs and what degree programs may [are to] be offered,
136		-	the coordinating board shall:
	11	+	SECTION 1. Section 130.0012, Education Code, is amended by
	12	+	amending Subsections (a), (b), (d), (e), (g), and (h) and adding
	13	+	Subsections (e-1), (f-1), (g-1), and (g-2) to read as follows:
	14	+	(a) The Texas Higher Education Coordinating Board may
	15	+	[shall] authorize public junior colleges to offer baccalaureate
	16	+	degree programs in the fields of applied science, [and] applied
	17	+	technology, and nursing under this section. Offering a
	18	+	baccalaureate degree program under this section does not otherwise
	19	+	alter the role and mission of a public junior college.
	20	+	(b) The coordinating board:
	21	+	(1) shall authorize baccalaureate degree programs in
	22	+	the fields of applied science and applied technology at each public
	23	+	junior college that previously participated in a pilot project to
	24	+	offer baccalaureate degree programs; and
	25	+	(2) may authorize baccalaureate degree programs at one
	26	+	or more public junior colleges that offer a degree program in the
	27	+	fields of applied science, applied technology, or nursing and have
	28	+	demonstrated a workforce need.
	29	+	(d) A public junior college offering a baccalaureate degree
	30	+	program under this section may not offer more than three [five]
	31	+	baccalaureate degree programs at any time. The degree programs are
	32	+	subject to the continuing approval of the coordinating board.
	33	+	(e) In determining whether a public junior college may offer
	34	+	[what] baccalaureate degree programs and what degree programs may
	35	+	[are to] be offered, the coordinating board shall:
137	36		(1) apply the same criteria and standards the
138	37		coordinating board uses to approve baccalaureate degree programs at
139		-	general academic teaching institutions and medical and dental
140		-	units; and
	38	+	general academic teaching institutions;
141	39		(2) consider the following factors:
142	40		(A) [(1)] the workforce need for the degree
143	41		programs in the region served by the junior college;
144	42		(B) [(2)] how those degree programs would
145	43		complement the other programs and course offerings of the junior
146	44		college and whether the associate degree program offered by the
147	45		junior college in the same field has been successful;
148	46		(C) [(3)] whether those degree programs would
149	47		unnecessarily duplicate the degree programs offered by other
150	48		institutions of higher education; and
151	49		(D) [(4)] the ability of the junior college to
152	50		support the degree programs with student enrollment [program] and
153	51		the adequacy of the junior college's facilities, faculty,
154		-	administration, libraries, and other resources.
155		-	(b) A public junior college may offer a baccalaureate degree
156		-	program under this section only if its junior college district:
157		-	(1) had a taxable property valuation amount of not
158		-	less than $6 billion in the preceding year; and
159		-	(2) received a positive assessment of the overall
160		-	financial health of the district as reported by the coordinating
161		-	board.
162		-	(c) Before a public junior college may be authorized to
163		-	offer a baccalaureate degree program under this subchapter, the
164		-	public junior college must submit a report to the coordinating
165		-	board that includes:
166		-	(1) a long-term financial plan for receiving
167		-	accreditation from the Commission on Colleges of the Southern
168		-	Association of Colleges and Schools;
169		-	(2) a long-term plan for faculty recruitment that:
170		-	(A) indicates the ability to pay the increased
171		-	salaries of doctoral faculty;
172		-	(B) identifies recruitment strategies for new
173		-	faculty; and
174		-	(C) ensures the program would not draw faculty
175		-	employed by a neighboring institution offering a similar program;
176		-	(3) detailed information on the manner of program and
177		-	course delivery; and
178		-	(4) detailed information regarding existing
179		-	articulation agreements and dual enrollment agreements indicating:
180		-	(A) that at least three articulation agreements
181		-	have been established with general academic teaching institutions
182		-	or medical and dental units, or the reasons why no articulation
183		-	agreements have been established; and
184		-	(B) that, with the agreement of the applicable
185		-	general academic teaching institution or medical and dental unit,
186		-	established articulation agreements are at capacity.
187		-	(d) The coordinating board may not authorize a public junior
188		-	college to offer a baccalaureate degree in a field if articulation
189		-	agreements with general academic teaching institutions or medical
190		-	and dental units are sufficient to meet the needs of that field.
191		-	SECTION 9. Subchapter L, Chapter 130, Education Code, as
192		-	added by this Act, is amended by adding Section 130.308, Education
193		-	Code, to read as follows:
194		-	Sec. 130.308. SPECIAL REQUIREMENTS FOR NURSING DEGREE
195		-	PROGRAM. (a) In determining whether a public junior college may
196		-	offer a baccalaureate degree program in nursing, the coordinating
197		-	board shall:
198		-	(1) require a public junior college to provide
199		-	evidence to the coordinating board and the Texas Board of Nursing
200		-	that the public junior college has secured adequate long-term
201		-	clinical space;
202		-	(2) obtain a letter from each clinical site provided
203		-	indicating that the clinical site has not refused a similar request
204		-	from a general academic teaching institution or medical and dental
205		-	unit; and
206		-	(3) establish that the corresponding associate degree
207		-	program offered by the public junior college has been successful as
208		-	indicated by job placement rates and licensing exam scores.
209		-	(b) A baccalaureate degree program offered under this
210		-	subchapter by a public junior college in the field of nursing must:
211		-	(1) be a bachelor of science degree program;
212		-	(2) meet the standards and criteria the Texas Board of
213		-	Nursing uses to approve pre-licensure degree programs at general
214		-	academic teaching institutions and medical and dental units
215		-	regardless of whether the program is a pre-licensure or
216		-	post-licensure program; and
217		-	(3) be accredited by a national nursing accrediting
218		-	body recognized by the United States Department of Education.
219		-	(c) A public junior college offering a baccalaureate degree
220		-	program in the field of nursing under this subchapter must
221		-	demonstrate to the coordinating board that it will maintain or
222		-	exceed the enrollment available to nursing students enrolled in an
223		-	associate degree program at the public junior college in the
224		-	2016-2017 academic year and must continue to maintain or exceed
225		-	that level of enrollment in the corresponding associate degree
226		-	program until the 2021-2022 academic year. This subsection expires
227		-	January 1, 2023.
228		-	SECTION 10. Sections 130.0012(f) and (j), Education Code,
229		-	are transferred to Subchapter L, Chapter 130, Education Code, as
230		-	added by this Act, redesignated as Section 130.309, Education Code,
231		-	and amended to read as follows:
232		-	Sec. 130.309. ARTICULATION AGREEMENT REQUIRED. (a) [(f)]
233		-	Each public junior college that offers a baccalaureate degree
234		-	program under this subchapter [section] must enter into an
235		-	articulation agreement for the first five years of the program with
236		-	one or more general academic teaching institutions or medical and
237		-	dental units to ensure that students enrolled in the degree program
238		-	have an opportunity to complete the degree if the public junior
239		-	college ceases to offer the degree program. The coordinating board
240		-	may require a general academic teaching institution or medical and
241		-	dental unit that offers a comparable degree program to enter into an
242		-	articulation agreement with the public junior college as provided
243		-	by this subsection.
244		-	(b) [(j)] The coordinating board shall prescribe procedures
245		-	to ensure that each public junior college that offers a degree
246		-	program under this subchapter [section] informs each student who
247		-	enrolls in the degree program of the articulation agreement entered
248		-	into under this section [Subsection (f)] for the student's degree
249		-	program.
250		-	SECTION 11. Section 130.0012(g), Education Code, is
251		-	transferred to Subchapter L, Chapter 130, Education Code, as added
252		-	by this Act, redesignated as Section 130.310, Education Code, and
253		-	amended to read as follows:
254		-	Sec. 130.310. FUNDING. (a) Except as provided by
255		-	Subsection (b), a degree program created under this subchapter may
256		-	be funded solely by a public junior college's proportionate share
257		-	of state appropriations under Section 130.003, local funds, and
258		-	private sources. This subsection does not require the legislature
259		-	to appropriate state funds to support a degree program created
260		-	under this subchapter. The coordinating board shall weigh contact
261		-	hours attributable to students enrolled in a junior-level or
262		-	senior-level course offered under this subchapter used to determine
263		-	a public junior college's proportionate share of state
264		-	appropriations under Section 130.003 in the same manner as a lower
265		-	division course in a corresponding field.
266		-	(b) Notwithstanding Subsection (a), in [(g) In] its
	52	+	administration, libraries, and other resources, including evidence
	53	+	provided to the coordinating board and the Texas Board of Nursing
	54	+	that a public junior college seeking approval of a baccalaureate
	55	+	degree program in nursing has secured adequate long-term clinical
	56	+	space; and
	57	+	(3) ensure the program would not draw faculty employed
	58	+	by a neighboring institution offering a similar program.
	59	+	(e-1) A public junior college may offer a baccalaureate
	60	+	degree program under this section only if its junior college
	61	+	district had a taxable property valuation amount of not less than
	62	+	$10 billion in the preceding year.
	63	+	(f-1) The coordinating board shall establish minimum
	64	+	admission standards for students enrolling in a baccalaureate
	65	+	degree program in nursing offered by a public junior college under
	66	+	this section.
	67	+	(g) Except as provided by Subsection (g-1), a degree program
	68	+	created under this section may be funded solely by a public junior
	69	+	college's proportionate share of state appropriations under
	70	+	Section 130.003, local funds, and private sources. This subsection
	71	+	does not require the legislature to appropriate state funds to
	72	+	support a degree program created under this section.
	73	+	(g-1) Notwithstanding Subsection (g), in [In] its
267	74		recommendations to the legislature relating to state funding for
268	75		public junior colleges, the coordinating board shall recommend that
269		-	a public junior college ~~authorized to offer baccalaureate degree~~
270		-	programs ~~under Section 130.303(a)~~ receive ~~substantially the same~~
271		-	state support for junior-level and ~~senior-level courses in the~~
272		-	fields of applied science and applied ~~technology offered under this~~
273		-	~~subchapter [~~section] as that provided to a general ~~academic~~
274		-	teaching institution for substantially similar courses. ~~For~~
275		-	purposes of this subsection, in [In] determining the contact ~~hours~~
276		-	attributable to students enrolled in a junior-level or ~~senior-level~~
277		-	course in the field of applied science or applied ~~technology~~
278		-	offered under this ~~subchapter [~~section] used to determine a public
	76	+	a public junior college that previously participated in a pilot
	77	+	project to offer baccalaureate degree programs receive
	78	+	substantially the same state support for junior-level and
	79	+	senior-level courses in the fields of applied science and applied
	80	+	technology offered under this section as that provided to a general
	81	+	academic teaching institution for substantially similar courses.
	82	+	For purposes of this subsection, in [In] determining the contact
	83	+	hours attributable to students enrolled in a junior-level or
	84	+	senior-level course in the field of applied science or applied
	85	+	technology offered under this section used to determine a public
279	86		junior college's proportionate share of state appropriations under
280	87		Section 130.003, the coordinating board shall weigh those contact
281	88		hours as necessary to provide the junior college the appropriate
282	89		level of state support to the extent state funds for those courses
283	90		are included in the appropriations. This subsection does not
284	91		prohibit the legislature from directly appropriating state funds to
285	92		support junior-level and senior-level courses to which this
286	93		subsection applies [offered under this section].
287		-	(c) A public junior college may not charge a student
	94	+	(g-2) A public junior college may not charge a student
288	95		enrolled in a baccalaureate degree program offered under this
289		-	~~subchapter~~ tuition and fees in an amount that exceeds the amount of
	96	+	section tuition and fees in an amount that exceeds the amount of
290	97		tuition and fees charged by the junior college to a similarly
291	98		situated student who is enrolled in an associate degree program in a
292	99		corresponding field.
293		-	SECTION 12. Section 130.0012(h), Education Code, is
294		-	transferred to Subchapter L, Chapter 130, Education Code, as added
295		-	by this Act, redesignated as Section 130.311, Education Code, and
296		-	amended to read as follows:
297		-	Sec. 130.311. REPORT. Each biennium, each [(h) Each]
298		-	public junior college offering a baccalaureate degree program under
299		-	this section shall conduct a review of each baccalaureate degree
300		-	program offered and prepare a [biennial] report on the operation,
301		-	quality, and effectiveness of those [the junior college's
302		-	baccalaureate] degree programs. A [and shall deliver a] copy of the
303		-	report shall be delivered to the coordinating board in the form and
304		-	at the time determined by the coordinating board.
305		-	SECTION 13. Section 130.0012(k), Education Code, is
306		-	transferred to Subchapter L, Chapter 130, Education Code, as added
307		-	by this Act, redesignated as Section 130.312, Education Code, and
308		-	amended to read as follows:
309		-	Sec. 130.312. RULES. [(k)] The coordinating board shall
310		-	adopt rules as necessary for the administration of this subchapter
311		-	[section].
312		-	SECTION 14. The heading to Section 130.0012, Education
313		-	Code, is repealed.
314		-	SECTION 15. This Act takes effect immediately if it
315		-	receives a vote of two-thirds of all the members elected to each
316		-	house, as provided by Section 39, Article III, Texas Constitution.
317		-	If this Act does not receive the vote necessary for immediate
318		-	effect, this Act takes effect September 1, 2017.
	100	+	(h) Each biennium, each [Each] public junior college
	101	+	offering a baccalaureate degree program under this section shall
	102	+	conduct a review of each baccalaureate degree program offered and
	103	+	prepare a [biennial] report on the operation, quality, and
	104	+	effectiveness of those [the junior college's baccalaureate] degree
	105	+	programs. A [and shall deliver a] copy of the report shall be
	106	+	delivered to the coordinating board in the form and at the time
	107	+	determined by the coordinating board.
	108	+	SECTION 2. This Act takes effect immediately if it receives
	109	+	a vote of two-thirds of all the members elected to each house, as
	110	+	provided by Section 39, Article III, Texas Constitution. If this
	111	+	Act does not receive the vote necessary for immediate effect, this
	112	+	Act takes effect September 1, 2017.