Texas 2017 - 85th Regular

Texas Senate Bill SB828 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	By: Seliger S.B. No. 828
2		-	(In the Senate - Filed February 10, 2017;
3		-	February 27, 2017, read first time and referred to Committee on
4		-	Higher Education; April 20, 2017, reported favorably by the
5		-	following vote: Yeas 7, Nays 0; April 20, 2017, sent to printer.)
6		-	Click here to see the committee vote
	1	+	By: Seliger, West S.B. No. 828
7	2
8	3
9	4		A BILL TO BE ENTITLED
10	5		AN ACT
11	6		relating to certain academic programs and projects undertaken by
12	7		public institutions of higher education at an off-campus academic
13	8		or research site or a similar location.
14	9		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
15	10		SECTION 1. Section 61.0512(a), Education Code, is amended
16	11		to read as follows:
17	12		(a) A new degree or certificate program may be added at an
18	13		institution of higher education only with specific prior approval
19	14		of the board. A degree or certificate program offered at an
20	15		off-campus academic or research site is considered a new degree or
21	16		certificate program if not previously offered at the off-campus
22	17		academic or research site. A new degree or certificate program is
23	18		considered approved if the board has not completed a review under
24	19		this section and acted to approve or disapprove the proposed
25	20		program before the first anniversary of the date on which an
26	21		institution of higher education submits a completed application for
27	22		approval to the board. The board may not summarily disapprove a
28	23		program without completing the review required by this section.
29	24		The board shall specify by rule the elements that constitute a
30	25		completed application and shall make an administrative
31	26		determination of the completeness of the application not later than
32	27		the fifth business day after receiving the application. A request
33	28		for additional information in support of an application that has
34	29		been determined administratively complete does not toll the period
35	30		within which the application is considered approved under this
36	31		section.
37	32		SECTION 2. Section 61.0572(d), Education Code, is amended
38	33		to read as follows:
39	34		(d) The board may review purchases of improved real property
40	35		added to an institution's educational and general buildings and
41	36		facilities inventory to determine whether the property meets the
42	37		standards adopted by the board for cost, efficiency, space need,
43	38		and space use, but subject to Section 61.0584 the purchase of the
44	39		improved real property is not contingent on board review or
45	40		approval. Standards must be adopted by the board using the
46	41		negotiated rulemaking procedures under Chapter 2008, Government
47	42		Code. If the property does not meet those standards, the board
48	43		shall notify the governor, the lieutenant governor, the speaker of
49	44		the house of representatives, the governing board of the applicable
50	45		institution, and the Legislative Budget Board. This subsection
51	46		does not impair the board's authority to collect data relating to
52	47		the improved real property that is added each year to the
53	48		educational and general buildings and facilities inventory of
54	49		institutions of higher education.
55	50		SECTION 3. Section 61.058(b), Education Code, is amended to
56	51		read as follows:
57	52		(b) The board may review all construction, repair, or
58	53		rehabilitation of buildings and facilities at institutions of
59	54		higher education to determine whether the construction,
60	55		rehabilitation, or repair meets the standards adopted by board rule
61	56		for cost, efficiency, space need, and space use, but subject to
62	57		Section 61.0584 the construction, rehabilitation, or repair is not
63	58		contingent on board review or approval. Standards must be adopted
64	59		by the board using the negotiated rulemaking procedures under
65	60		Chapter 2008, Government Code. If the construction,
66	61		rehabilitation, or repair does not meet those standards, the board
67	62		shall notify the governor, the lieutenant governor, the speaker of
68	63		the house of representatives, the governing boards of the
69	64		applicable institutions, and the Legislative Budget Board. This
70	65		subsection does not impair the board's authority to collect data
71	66		relating to the construction, repair, or rehabilitation of
72	67		buildings and facilities occurring each year at institutions of
73	68		higher education.
74	69		SECTION 4. Subchapter C, Chapter 61, Education Code, is
75	70		amended by adding Section 61.0584 to read as follows:
76	71		Sec. 61.0584. OFF-CAMPUS ACADEMIC OR RESEARCH SITE.
77	72		(a) This section does not apply to buildings and facilities that
78	73		are located on an off-campus academic or research site, that are to
79	74		be used exclusively for auxiliary enterprises, and that will not
80	75		require appropriations from the legislature for operation,
81	76		maintenance, or repair.
82	77		(b) Based on criteria established under Subsection (d), the
83	78		board shall review and shall approve or disapprove an action taken
84	79		by the governing board of an institution of higher education or
85	80		university system, through purchase, lease, or otherwise, to:
86	81		(1) acquire improved or unimproved real property for
87	82		use at a new or existing off-campus academic or research site; or
88	83		(2) acquire or construct a building or facility for
89	84		use at a site described by Subdivision (1).
90	85		(c) The board, using the negotiated rulemaking procedures
91	86		under Chapter 2008, Government Code, shall develop a procedure for
92	87		each institution of higher education or university system to use to
93	88		identify, for purposes of the board review required by this
94	89		section, the scope and character of projects that are proposed for:
95	90		(1) an off-campus academic or research site, including
96	91		projects relating to:
97	92		(A) a multi-institution teaching center (MITC);
98	93		(B) a medical school;
99	94		(C) a branch campus;
100	95		(D) a satellite campus; and
101	96		(E) a health science center; and
102	97		(2) any other location that is separate from the main
103	98		campus of an institution and that is to be used for academic or
104	99		research purposes.
105	100		(d) Using the negotiated rulemaking procedures under
106	101		Chapter 2008, Government Code, the board shall establish criteria
107	102		for reviewing and for approving or disapproving an action taken by
108	103		the governing board of an institution of higher education or
109	104		university system as described by Subsection (b). Criteria adopted
110	105		under this subsection must prioritize the academic and research
111	106		needs of institutions of higher education while preventing
112	107		unnecessary duplication in program offerings, faculties, and
113	108		physical plants.
114	109		(e) Information related to the board's findings and
115	110		determinations under this section is not subject to the required
116	111		disclosure under Chapter 552, Government Code.
117	112		(f) The board may conduct a closed meeting pursuant to
118	113		Section 551.072, Government Code, to deliberate the approval or
119	114		disapproval of any action subject to that section and taken by the
120	115		governing board of an institution of higher education or university
121	116		system as described by Subsection (b). As necessary and
122	117		appropriate, the board may hold its closed meeting as an emergency
123	118		meeting under Section 551.045, Government Code.
124	119		(g) The board shall report its findings and determinations
125	120		under this section to the governor, the lieutenant governor, the
126	121		speaker of the house of representatives, the Legislative Budget
127	122		Board, and the governing boards of the applicable institutions of
128	123		higher education or university systems.
129	124		SECTION 5. The changes in law made by this Act apply only to
130	125		a proposal for acquisition or construction made on or after the
131	126		effective date of this Act. A proposal for acquisition or
132	127		construction made before the effective date of this Act is governed
133	128		by the law in effect on the date the proposal was made, and the
134	129		former law is continued in effect for that purpose.
135	130		SECTION 6. This Act takes effect September 1, 2017.
136		-	* * * * *