| 1 | 1 | | By: Turner of Tarrant H.B. No. 3848 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | A BILL TO BE ENTITLED |
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| 5 | 5 | | AN ACT |
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| 6 | 6 | | relating to the authority of the Texas Higher Education |
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| 7 | 7 | | Coordinating Board to issue a certificate of authority or |
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| 8 | 8 | | certificate of authorization regarding professional degrees. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 61.303(c), Education Code, is amended as |
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| 11 | 11 | | follows: |
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| 12 | 12 | | (c) The board may issueapprove the issuance of a |
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| 13 | 13 | | certificate of authorization to grant degrees to an exempt |
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| 14 | 14 | | institution or person a certificate of authorization to grant |
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| 15 | 15 | | degrees. The board may adopt rules regarding a process to allow an |
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| 16 | 16 | | exempt institution or person to apply for and receive approval for a |
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| 17 | 17 | | certificate of authorization under this section. The board shall |
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| 18 | 18 | | not issue a certificate of authorization to any institution |
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| 19 | 19 | | offering a professional degree or representing its credits earned |
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| 20 | 20 | | in this state are applicable toward a professional degree except to |
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| 21 | 21 | | the extent allowed for an authorized institution operating under a |
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| 22 | 22 | | State Authorization Reciprocity Agreement (SARA). In this |
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| 23 | 23 | | subsection, "professional degree" includes Doctor of Medicine |
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| 24 | 24 | | (M.D.), Doctor of Osteopathy (D.O.), Doctor of Dental Surgery |
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| 25 | 25 | | (D.D.S.), Doctor of Veterinary Medicine (D.V.M.), Juris Doctor |
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| 26 | 26 | | (J.D.), and Bachelor of Laws (LL.B). |
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| 27 | 27 | | SECTION 2. Section 61.306, Education Code, is amended by |
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| 28 | 28 | | adding Subsection (d) to read as follows: |
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| 29 | 29 | | (d) The board may not issue a certificate of authority for a |
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| 30 | 30 | | private postsecondary institution to grant a professional degree as |
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| 31 | 31 | | defined in Sec. 61.306(c), or to represent that credits earned in |
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| 32 | 32 | | this state are applicable toward a professional degree unless the |
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| 33 | 33 | | Board determines that all of the following conditions have been |
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| 34 | 34 | | met: |
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| 35 | 35 | | (1) the capacity and ability of similar professional |
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| 36 | 36 | | degree programs at institutions of higher education and private or |
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| 37 | 37 | | independent institutions of higher education, as those terms are |
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| 38 | 38 | | defined in Sec. 61.003, are insufficient to meet the current market |
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| 39 | 39 | | needs for the state; |
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| 40 | 40 | | (2) the institution seeking the certificate of |
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| 41 | 41 | | authority has the necessary faculty and other resources to ensure |
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| 42 | 42 | | student success; |
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| 43 | 43 | | (3) sufficient placements are available to students |
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| 44 | 44 | | for required field-based experience, such as clinicals or |
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| 45 | 45 | | clerkships, in the proposed professional degree; and |
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| 46 | 46 | | (4) the institution seeking the certificate of |
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| 47 | 47 | | authority is subject to, and will meet, the same standard for |
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| 48 | 48 | | approval and all academic criteria applicable to similar |
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| 49 | 49 | | professional degree programs at institutions of higher education |
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| 50 | 50 | | and private or independent institutions of higher education, as |
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| 51 | 51 | | those terms are defined in Sec. 61.003. |
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| 52 | 52 | | SECTION 3. This Act takes effect September 1, 2021. |
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