Texas 2021 - 87th Regular

Texas Senate Bill SB1490 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	S.B. No. 1490
	1	+	87R24604 MM-F
	2	+	By: Creighton, et al. S.B. No. 1490
	3	+	(Turner of Tarrant)
	4	+	Substitute the following for S.B. No. 1490: No.
2	5
3	6
	7	+	A BILL TO BE ENTITLED
4	8		AN ACT
5	9		relating to the authority of the Texas Higher Education
6	10		Coordinating Board to authorize certain degree programs offered by
7	11		private postsecondary educational institutions.
8	12		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	13		SECTION 1. Section 61.303, Education Code, as amended by
10	14		S.B. 1781, Acts of the 85th Legislature, Regular Session, 2017, is
11	15		reenacted and amended to read as follows:
12	16		Sec. 61.303. EXEMPTIONS. (a) Unless specifically provided
13	17		otherwise, the provisions of this subchapter do not apply to an
14	18		institution that is fully accredited by, and is not operating under
15	19		sanctions imposed by, a recognized accrediting agency, or an
16	20		institution or degree program that has received approval by a state
17	21		agency authorizing the institution's graduates to take a
18	22		professional or vocational state licensing examination
19	23		administered by that agency. The granting of permission by a state
20	24		agency to a graduate of an institution to take a licensing
21	25		examination does not by itself constitute approval of the
22	26		institution or degree program required for an exemption under this
23	27		subsection.
24	28		(b) The exemptions provided by Subsection (a) apply only to
25	29		the degree level for which an institution is accredited, and if an
26	30		institution offers to award a degree at a level for which it is not
27	31		accredited, the exemption does not apply.
28	32		(c) Except as provided by Subsection (c-1), the [The] board
29	33		may approve the issuance of a certificate of authorization to grant
30	34		degrees [issue] to an exempt institution or person [a certificate
31	35		of authorization to grant degrees]. The board may adopt rules
32	36		regarding a process to allow an exempt institution or person to
33	37		apply [for] and receive approval for a certificate of authorization
34	38		under this section.
35	39		(c-1) The board may not approve the issuance of a
36	40		certificate of authorization for an exempt institution to grant a
37	41		professional degree or to represent that credits earned in this
38	42		state are applicable toward a professional degree except to the
39	43		extent allowed for an authorized institution operating under a
40	44		State Authorization Reciprocity Agreement (SARA). In this
41	45		subsection, "professional degree" includes Doctor of Medicine
42	46		(M.D.), Doctor of Osteopathy (D.O.), Doctor of Dental Surgery
43	47		(D.D.S.), Doctor of Veterinary Medicine (D.V.M.), Juris Doctor
44	48		(J.D.), and Bachelor of Laws (LL.B.).
45	49		(d) The board by rule may require an exempt institution or
46	50		person to ensure that the financial resources and financial
47	51		stability of the institution or person are adequate to provide
48	52		education of a good quality and to fulfill the institution's or
49	53		person's commitments to its enrolled students and may require the
50	54		institution or person to provide to the board documentation of the
51		-	institution's or person's compliance with those requirements.
52		-	~~Rules~~ adopted under this subsection must:
	55	+	institution's or person's compliance with those requirements. Rules
	56	+	adopted under this subsection must:
53	57		(1) require the institution or person to maintain
54	58		reserves, lines of credit, or surety instruments that, when
55	59		combined with tuition and fee receipts, are sufficient to allow the
56	60		institution or person to fulfill its educational obligations to its
57	61		enrolled students if the institution or person is unable to
58	62		continue to provide instruction to its enrolled students for any
59	63		reason; and
60	64		(2) require that the financial resources maintained
61	65		under Subdivision (1) be conditioned to allow only the board to
62	66		withdraw funds for the benefit of the institution's or person's
63	67		enrolled students under the circumstance described by Subdivision
64	68		(1).
65	69		(e) To enable the board to verify the conditions under which
66	70		a certificate of authorization issued under this section is held,
67	71		the board by rule may require an exempt institution or person to
68	72		report to the board on a continuing basis other appropriate
69	73		information in addition to the documentation required under
70	74		Subsection (d).
71	75		(f) An exempt institution or person continues in that status
72	76		only if the institution or person maintains accreditation by, and
73	77		is not operating under sanctions imposed by, a recognized
74	78		accrediting agency or otherwise meets the provisions of Subsection
75	79		(a).
76	80		(g) The board by rule shall provide for due process and
77	81		shall provide procedures for revoking or placing conditions on the
78	82		exemption status of an institution or person or for revoking or
79	83		placing conditions on a previously issued certificate of
80	84		authorization.
81	85		(h) Under the rules described by Subsection (g), the board
82	86		may revoke or place conditions on an institution's or person's
83	87		exemption status or certificate of authorization only if the board
84	88		has reasonable cause to believe that the institution or person has
85	89		violated this subchapter or any rule adopted under this subchapter.
86	90		(i) Before revoking or placing conditions on an
87	91		institution's or person's exemption status or certificate of
88	92		authorization under Subsection (h), the board must provide to the
89	93		institution or person written notice of the board's impending
90	94		action and include the grounds for that action.
91	95		(j) If the board places conditions on an institution's or
92	96		person's exemption status or certificate of authorization under
93	97		Subsection (h), until the board removes the conditions, the board
94	98		may reexamine the applicable institution or person at least twice
95	99		annually following the date the board provided notice under
96	100		Subsection (i).
97	101		(k) A private postsecondary educational institution may not
98	102		establish or operate a branch campus, extension center, or other
99	103		off-campus unit in Texas except as provided by this subsection or
100	104		the rules of the board. This subsection does not apply to a private
101	105		or independent institution of higher education as defined by
102	106		Section 61.003.
103	107		SECTION 2. Section 61.306, Education Code, is amended by
104	108		amending Subsections (a) and (c) and adding Subsections (c-1) and
105	109		(d) to read as follows:
106	110		(a) Subject to Subsections (c) and (c-1), the [The] board
107	111		may issue a certificate of authority to grant a degree or degrees
108	112		and to enroll students for courses which may be applicable toward a
109	113		degree if it finds that the applicant meets the standards
110	114		established by the board for certification.
111	115		(c) The board may not issue a certificate of authority for a
112	116		private postsecondary educational institution to grant a
113	117		professional degree or to represent that credits earned in this
114	118		state are applicable toward a professional degree if the
115	119		institution is chartered in a foreign country or has its principal
116	120		office or primary educational program in a foreign country.
117	121		(c-1) The board may issue a certificate of authority for a
118	122		private postsecondary educational institution to grant a
119	123		professional degree or to represent that credits earned in this
120	124		state are applicable toward a professional degree only if the board
121	125		determines that:
122	126		(1) the capacity and ability of similar professional
123	127		degree programs at institutions of higher education and private or
124	128		independent institutions of higher education are insufficient to
125	129		meet the state's current market needs;
126	130		(2) the institution seeking the certificate of
127	131		authority:
128	132		(A) has the necessary faculty and other resources
129	133		to ensure student success; and
130	134		(B) is subject to and agrees to meet the same
131	135		standards for approval and all academic criteria applicable to
132	136		similar professional degree programs offered by institutions of
133	137		higher education and private or independent institutions of higher
134	138		education; and
135	139		(3) sufficient placements are available to students
136	140		for required field-based experience, such as clinicals or
137	141		clerkships, for the proposed professional degree.
138	142		(d) In this section:
139	143		(1) "Institution of higher education" and "private or
140	144		independent institution of higher education" have the meanings
141	145		assigned by Section 61.003.
142	146		(2) "Professional [subsection, "professional] degree"
143	147		includes a Doctor of Medicine (M.D.), Doctor of Osteopathy (D.O.),
144	148		Doctor of Dental Surgery (D.D.S.), Doctor of Veterinary Medicine
145	149		(D.V.M.), Juris Doctor (J.D.), and Bachelor of Laws (LL.B.).
146	150		SECTION 3. This Act takes effect September 1, 2021.
147		-	______________________________ ______________________________
148		-	President of the Senate Speaker of the House
149		-	I hereby certify that S.B. No. 1490 passed the Senate on
150		-	April 20, 2021, by the following vote: Yeas 31, Nays 0; and that
151		-	the Senate concurred in House amendment on May 27, 2021, by the
152		-	following vote: Yeas 31, Nays 0.
153		-	______________________________
154		-	Secretary of the Senate
155		-	I hereby certify that S.B. No. 1490 passed the House, with
156		-	amendment, on May 18, 2021, by the following vote: Yeas 120,
157		-	Nays 17, two present not voting.
158		-	______________________________
159		-	Chief Clerk of the House
160		-	Approved:
161		-	______________________________
162		-	Date
163		-	______________________________
164		-	Governor