By: Creighton, Zaffirini S.B. No. 1490
A BILL TO BE ENTITLED
AN ACT
relating to the authority of the Texas Higher Education
Coordinating Board to authorize certain degree programs offered by
private postsecondary educational institutions.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 61.303, Education Code, as amended by
S.B. 1781, Acts of the 85th Legislature, Regular Session, 2017, is
amended by reenacting and amending Subsection (c) and adding
Subsection (c-1) to read as follows:
(c) Except as provided by Subsection (c-1), the [The] board
may approve the issuance of a certificate of authorization to grant
degrees [issue] to an exempt institution or person [a certificate
of authorization to grant degrees]. The board may adopt rules
regarding a process to allow an exempt institution or person to
apply [for] and receive approval for a certificate of authorization
under this section.
(c-1) The board may not approve the issuance of a
certificate of authorization for an exempt institution to grant a
professional degree or to represent that credits earned in this
state are applicable toward a professional degree if the
institution is chartered in another state or has its principal
office or primary educational program in another state unless the
institution is an authorized institution operating under a State
Authorization Reciprocity Agreement (SARA). In this subsection,
"professional degree" includes Doctor of Medicine (M.D.), Doctor of
Osteopathy (D.O.), Doctor of Dental Surgery (D.D.S.), Doctor of
Veterinary Medicine (D.V.M.), Juris Doctor (J.D.), and Bachelor of
Laws (LL.B.).
SECTION 2. Section 61.306, Education Code, is amended by
amending Subsections (a) and (c) and adding Subsections (c-1) and
(d) to read as follows:
(a) Subject to Subsections (c) and (c-1), the [The] board
may issue a certificate of authority to grant a degree or degrees
and to enroll students for courses which may be applicable toward a
degree if it finds that the applicant meets the standards
established by the board for certification.
(c) The board may not issue a certificate of authority for a
private postsecondary educational institution to grant a
professional degree or to represent that credits earned in this
state are applicable toward a professional degree if the
institution is chartered in a foreign country or has its principal
office or primary educational program in a foreign country.
(c-1) The board may issue a certificate of authority for a
private postsecondary educational institution to grant a
professional degree or to represent that credits earned in this
state are applicable toward a professional degree only if the board
determines that:
(1) the capacity and ability of similar professional
degree programs at institutions of higher education and private or
independent institutions of higher education are insufficient to
meet the state's current market needs;
(2) the institution seeking the certificate of
authority:
(A) has the necessary faculty and other resources
to ensure student success; and
(B) is subject to and agrees to meet the same
standards for approval and all academic criteria applicable to
similar professional degree programs offered by institutions of
higher education and private or independent institutions of higher
education; and
(3) sufficient placements are available to students
for required field-based experience, such as clinicals or
clerkships, for the proposed professional degree.
(d) In this section:
(1) "Institution of higher education" and "private or
independent institution of higher education" have the meanings
assigned by Section 61.003.
(2) "Professional [subsection, "professional] degree"
includes a Doctor of Medicine (M.D.), Doctor of Osteopathy (D.O.),
Doctor of Dental Surgery (D.D.S.), Doctor of Veterinary Medicine
(D.V.M.), Juris Doctor (J.D.), and Bachelor of Laws (LL.B.).
SECTION 3. This Act takes effect September 1, 2021.