By: Seliger S.B. No. 828
(In the Senate - Filed February 10, 2017;
February 27, 2017, read first time and referred to Committee on
Higher Education; April 20, 2017, reported favorably by the
following vote: Yeas 7, Nays 0; April 20, 2017, sent to printer.)
Click here to see the committee vote
A BILL TO BE ENTITLED
AN ACT
relating to certain academic programs and projects undertaken by
public institutions of higher education at an off-campus academic
or research site or a similar location.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 61.0512(a), Education Code, is amended
to read as follows:
(a) A new degree or certificate program may be added at an
institution of higher education only with specific prior approval
of the board. A degree or certificate program offered at an
off-campus academic or research site is considered a new degree or
certificate program if not previously offered at the off-campus
academic or research site. A new degree or certificate program is
considered approved if the board has not completed a review under
this section and acted to approve or disapprove the proposed
program before the first anniversary of the date on which an
institution of higher education submits a completed application for
approval to the board. The board may not summarily disapprove a
program without completing the review required by this section.
The board shall specify by rule the elements that constitute a
completed application and shall make an administrative
determination of the completeness of the application not later than
the fifth business day after receiving the application. A request
for additional information in support of an application that has
been determined administratively complete does not toll the period
within which the application is considered approved under this
section.
SECTION 2. Section 61.0572(d), Education Code, is amended
to read as follows:
(d) The board may review purchases of improved real property
added to an institution's educational and general buildings and
facilities inventory to determine whether the property meets the
standards adopted by the board for cost, efficiency, space need,
and space use, but subject to Section 61.0584 the purchase of the
improved real property is not contingent on board review or
approval. Standards must be adopted by the board using the
negotiated rulemaking procedures under Chapter 2008, Government
Code. If the property does not meet those standards, the board
shall notify the governor, the lieutenant governor, the speaker of
the house of representatives, the governing board of the applicable
institution, and the Legislative Budget Board. This subsection
does not impair the board's authority to collect data relating to
the improved real property that is added each year to the
educational and general buildings and facilities inventory of
institutions of higher education.
SECTION 3. Section 61.058(b), Education Code, is amended to
read as follows:
(b) The board may review all construction, repair, or
rehabilitation of buildings and facilities at institutions of
higher education to determine whether the construction,
rehabilitation, or repair meets the standards adopted by board rule
for cost, efficiency, space need, and space use, but subject to
Section 61.0584 the construction, rehabilitation, or repair is not
contingent on board review or approval. Standards must be adopted
by the board using the negotiated rulemaking procedures under
Chapter 2008, Government Code. If the construction,
rehabilitation, or repair does not meet those standards, the board
shall notify the governor, the lieutenant governor, the speaker of
the house of representatives, the governing boards of the
applicable institutions, and the Legislative Budget Board. This
subsection does not impair the board's authority to collect data
relating to the construction, repair, or rehabilitation of
buildings and facilities occurring each year at institutions of
higher education.
SECTION 4. Subchapter C, Chapter 61, Education Code, is
amended by adding Section 61.0584 to read as follows:
Sec. 61.0584. OFF-CAMPUS ACADEMIC OR RESEARCH SITE.
(a) This section does not apply to buildings and facilities that
are located on an off-campus academic or research site, that are to
be used exclusively for auxiliary enterprises, and that will not
require appropriations from the legislature for operation,
maintenance, or repair.
(b) Based on criteria established under Subsection (d), the
board shall review and shall approve or disapprove an action taken
by the governing board of an institution of higher education or
university system, through purchase, lease, or otherwise, to:
(1) acquire improved or unimproved real property for
use at a new or existing off-campus academic or research site; or
(2) acquire or construct a building or facility for
use at a site described by Subdivision (1).
(c) The board, using the negotiated rulemaking procedures
under Chapter 2008, Government Code, shall develop a procedure for
each institution of higher education or university system to use to
identify, for purposes of the board review required by this
section, the scope and character of projects that are proposed for:
(1) an off-campus academic or research site, including
projects relating to:
(A) a multi-institution teaching center (MITC);
(B) a medical school;
(C) a branch campus;
(D) a satellite campus; and
(E) a health science center; and
(2) any other location that is separate from the main
campus of an institution and that is to be used for academic or
research purposes.
(d) Using the negotiated rulemaking procedures under
Chapter 2008, Government Code, the board shall establish criteria
for reviewing and for approving or disapproving an action taken by
the governing board of an institution of higher education or
university system as described by Subsection (b). Criteria adopted
under this subsection must prioritize the academic and research
needs of institutions of higher education while preventing
unnecessary duplication in program offerings, faculties, and
physical plants.
(e) Information related to the board's findings and
determinations under this section is not subject to the required
disclosure under Chapter 552, Government Code.
(f) The board may conduct a closed meeting pursuant to
Section 551.072, Government Code, to deliberate the approval or
disapproval of any action subject to that section and taken by the
governing board of an institution of higher education or university
system as described by Subsection (b). As necessary and
appropriate, the board may hold its closed meeting as an emergency
meeting under Section 551.045, Government Code.
(g) The board shall report its findings and determinations
under this section to the governor, the lieutenant governor, the
speaker of the house of representatives, the Legislative Budget
Board, and the governing boards of the applicable institutions of
higher education or university systems.
SECTION 5. The changes in law made by this Act apply only to
a proposal for acquisition or construction made on or after the
effective date of this Act. A proposal for acquisition or
construction made before the effective date of this Act is governed
by the law in effect on the date the proposal was made, and the
former law is continued in effect for that purpose.
SECTION 6. This Act takes effect September 1, 2017.
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