Texas 2019 - 86th Regular

Texas House Bill HB4586 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	86R17114 KSD-D
2	2	By: Anchia H.B. No. 4586
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to certain academic programs and projects undertaken by
8	8	public institutions of higher education at an off-campus academic
9	9	or research site or a similar location.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Section 61.0512(a), Education Code, is amended
12	12	to read as follows:
13	13	(a) A new degree or certificate program may be added at an
14	14	institution of higher education only with specific prior approval
15	15	of the board. A degree or certificate program offered at an
16	16	off-campus academic or research site is considered a new degree or
17	17	certificate program if not previously offered at the off-campus
18	18	academic or research site. A new degree or certificate program is
19	19	considered approved if the board has not completed a review under
20	20	this section and acted to approve or disapprove the proposed
21	21	program before the first anniversary of the date on which an
22	22	institution of higher education submits a completed application for
23	23	approval to the board. The board may not summarily disapprove a
24	24	program without completing the review required by this section.
25	25	The board shall specify by rule the elements that constitute a
26	26	completed application and shall make an administrative
27	27	determination of the completeness of the application not later than
28	28	the fifth business day after receiving the application. A request
29	29	for additional information in support of an application that has
30	30	been determined administratively complete does not toll the period
31	31	within which the application is considered approved under this
32	32	section.
33	33	SECTION 2. Section 61.0572(d), Education Code, is amended
34	34	to read as follows:
35	35	(d) The board may review purchases of improved real property
36	36	added to an institution's educational and general buildings and
37	37	facilities inventory to determine whether the property meets the
38	38	standards adopted by the board for cost, efficiency, space need,
39	39	and space use, but subject to Section 61.0584 the purchase of the
40	40	improved real property is not contingent on board review or
41	41	approval. Standards must be adopted by the board using the
42	42	negotiated rulemaking procedures under Chapter 2008, Government
43	43	Code. If the property does not meet those standards, the board
44	44	shall notify the governor, the lieutenant governor, the speaker of
45	45	the house of representatives, the governing board of the applicable
46	46	institution, and the Legislative Budget Board. This subsection
47	47	does not impair the board's authority to collect data relating to
48	48	the improved real property that is added each year to the
49	49	educational and general buildings and facilities inventory of
50	50	institutions of higher education.
51	51	SECTION 3. Section 61.058(b), Education Code, is amended to
52	52	read as follows:
53	53	(b) The board may review all construction, repair, or
54	54	rehabilitation of buildings and facilities at institutions of
55	55	higher education to determine whether the construction,
56	56	rehabilitation, or repair meets the standards adopted by board rule
57	57	for cost, efficiency, space need, and space use, but subject to
58	58	Section 61.0584 the construction, rehabilitation, or repair is not
59	59	contingent on board review or approval. Standards must be adopted
60	60	by the board using the negotiated rulemaking procedures under
61	61	Chapter 2008, Government Code. If the construction,
62	62	rehabilitation, or repair does not meet those standards, the board
63	63	shall notify the governor, the lieutenant governor, the speaker of
64	64	the house of representatives, the governing boards of the
65	65	applicable institutions, and the Legislative Budget Board. This
66	66	subsection does not impair the board's authority to collect data
67	67	relating to the construction, repair, or rehabilitation of
68	68	buildings and facilities occurring each year at institutions of
69	69	higher education.
70	70	SECTION 4. Subchapter C, Chapter 61, Education Code, is
71	71	amended by adding Section 61.0584 to read as follows:
72	72	Sec. 61.0584. OFF-CAMPUS ACADEMIC OR RESEARCH SITE. (a)
73	73	This section does not apply to buildings and facilities that are
74	74	located on an off-campus academic or research site, that are to be
75	75	used exclusively for auxiliary enterprises, and that will not
76	76	require appropriations from the legislature for operation,
77	77	maintenance, or repair.
78	78	(b) Based on criteria established under Subsection (d), the
79	79	board shall review and shall approve or disapprove an action taken
80	80	by the governing board of an institution of higher education or
81	81	university system, through purchase, lease, or otherwise, to:
82	82	(1) acquire improved or unimproved real property for
83	83	use at a new or existing off-campus academic or research site; or
84	84	(2) acquire or construct a building or facility for
85	85	use at a site described by Subdivision (1).
86	86	(c) The board, using the negotiated rulemaking procedures
87	87	under Chapter 2008, Government Code, shall develop a procedure for
88	88	each institution of higher education or university system to use to
89	89	identify, for purposes of the board review required by this
90	90	section, the scope and character of projects that are proposed for:
91	91	(1) an off-campus academic or research site, including
92	92	projects relating to:
93	93	(A) a multi-institution teaching center (MITC);
94	94	(B) a medical school;
95	95	(C) a branch campus;
96	96	(D) a satellite campus; and
97	97	(E) a health science center; and
98	98	(2) any other location that is separate from the main
99	99	campus of an institution and that is to be used for academic or
100	100	research purposes.
101	101	(d) Using the negotiated rulemaking procedures under
102	102	Chapter 2008, Government Code, the board shall establish criteria
103	103	for reviewing and for approving or disapproving an action taken by
104	104	the governing board of an institution of higher education or
105	105	university system as described by Subsection (b). Criteria adopted
106	106	under this subsection must prioritize the academic and research
107	107	needs of institutions of higher education while preventing
108	108	unnecessary duplication in program offerings, faculties, and
109	109	physical plants.
110	110	(e) Information related to the board's findings and
111	111	determinations under this section is not subject to the required
112	112	disclosure under Chapter 552, Government Code.
113	113	(f) The board may conduct a closed meeting pursuant to
114	114	Section 551.072, Government Code, to deliberate the approval or
115	115	disapproval of any action subject to that section and taken by the
116	116	governing board of an institution of higher education or university
117	117	system as described by Subsection (b). As necessary and
118	118	appropriate, the board may hold its closed meeting as an emergency
119	119	meeting under Section 551.045, Government Code.
120	120	(g) The board shall report its findings and determinations
121	121	under this section to the governor, the lieutenant governor, the
122	122	speaker of the house of representatives, the Legislative Budget
123	123	Board, and the governing boards of the applicable institutions of
124	124	higher education or university systems.
125	125	SECTION 5. The Texas Higher Education Coordinating Board
126	126	shall adopt the rules required by Section 61.0584, Education Code,
127	127	as added by this Act, as soon as practicable following the effective
128	128	date of this Act, but not later than August 1, 2020.
129	129	SECTION 6. The changes in law made by this Act apply only to
130	130	a proposal for acquisition or construction made on or after the
131	131	effective date of this Act. A proposal for acquisition or
132	132	construction made before the effective date of this Act is governed
133	133	by the law in effect on the date the proposal was made, and the
134	134	former law is continued in effect for that purpose.
135	135	SECTION 7. This Act takes effect September 1, 2019.