BILL ANALYSIS Senate Research Center S.B. 1092 85R11044 JRJ-D By: Seliger Higher Education 3/24/2017 As Filed AUTHOR'S / SPONSOR'S STATEMENT OF INTENT The Tuition Equalization Grant (TEG) program in Texas provides students who demonstrate financial need and attend a private, non-profit college or university grant aid. While public higher education institutions must meet certain requirements under the Open Meetings Act, private institutions do not have to meet these same requirements. Currently, these meetings are closed to the public. S.B. 1092 requires the board of regents at private, non-profit colleges or universities to meet various transparency requirements if the institution receives $5 million or more annually in TEG funding. As proposed, S.B. 1092 amends current law relating to access to certain meetings and information of private or independent institutions of higher education. RULEMAKING AUTHORITY This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 61.226, Education Code, as follows: Sec. 61.226. APPLICATION OF LAWS TO RECEIVING INSTITUTIONS. (a) Creates this subsection from existing text and makes no further changes to this subsection. (b) Provides that the governing board (board) of a college or university with enrolled students who receive tuition equalization grants under this subchapter (Tuition Equalization Grants) in an annual amount of $5 million or more: (1) is subject to Chapter 551 (Open Meetings), Government Code, in the same manner as the board of a public institution of higher education; (2) must publish certain governing documents publicly on the college or university's Internet website; (3) must make all board committee membership and board committee changes available to the public; and (4) may not require members of the board to enter into a nondisclosure agreement to obtain access to information described by this subsection, including a matter discussed or considered in an open meeting under Subdivision (1). SECTION 2. Effective date: September 1, 2017. BILL ANALYSIS Senate Research Center S.B. 1092 85R11044 JRJ-D By: Seliger Higher Education 3/24/2017 As Filed Senate Research Center S.B. 1092 85R11044 JRJ-D By: Seliger Higher Education 3/24/2017 As Filed AUTHOR'S / SPONSOR'S STATEMENT OF INTENT The Tuition Equalization Grant (TEG) program in Texas provides students who demonstrate financial need and attend a private, non-profit college or university grant aid. While public higher education institutions must meet certain requirements under the Open Meetings Act, private institutions do not have to meet these same requirements. Currently, these meetings are closed to the public. S.B. 1092 requires the board of regents at private, non-profit colleges or universities to meet various transparency requirements if the institution receives $5 million or more annually in TEG funding. As proposed, S.B. 1092 amends current law relating to access to certain meetings and information of private or independent institutions of higher education. RULEMAKING AUTHORITY This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 61.226, Education Code, as follows: Sec. 61.226. APPLICATION OF LAWS TO RECEIVING INSTITUTIONS. (a) Creates this subsection from existing text and makes no further changes to this subsection. (b) Provides that the governing board (board) of a college or university with enrolled students who receive tuition equalization grants under this subchapter (Tuition Equalization Grants) in an annual amount of $5 million or more: (1) is subject to Chapter 551 (Open Meetings), Government Code, in the same manner as the board of a public institution of higher education; (2) must publish certain governing documents publicly on the college or university's Internet website; (3) must make all board committee membership and board committee changes available to the public; and (4) may not require members of the board to enter into a nondisclosure agreement to obtain access to information described by this subsection, including a matter discussed or considered in an open meeting under Subdivision (1). SECTION 2. Effective date: September 1, 2017.