| 1 | 1 | | S.B. No. 526 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | AN ACT |
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| 5 | 5 | | relating to requiring prior approval by the Texas Higher Education |
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| 6 | 6 | | Coordinating Board to offer a degree or certificate program to |
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| 7 | 7 | | certain persons who are incarcerated or subject to involuntary |
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| 8 | 8 | | civil commitment. |
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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. Subchapter C, Chapter 61, Education Code, is |
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| 11 | 11 | | amended by adding Section 61.05123 to read as follows: |
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| 12 | 12 | | Sec. 61.05123. BOARD APPROVAL REQUIRED FOR ACADEMIC |
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| 13 | 13 | | PROGRAMS OFFERED TO CERTAIN STUDENTS WHO ARE INCARCERATED OR |
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| 14 | 14 | | SUBJECT TO INVOLUNTARY CIVIL COMMITMENT. (a) In this section, |
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| 15 | 15 | | "penal institution" has the meaning assigned by Article 62.001, |
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| 16 | 16 | | Code of Criminal Procedure. |
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| 17 | 17 | | (b) An entity that seeks to offer a degree or certificate |
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| 18 | 18 | | program to a person confined in a penal institution or required to |
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| 19 | 19 | | reside in a facility operated by or under contract with the Texas |
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| 20 | 20 | | Civil Commitment Office under Chapter 841, Health and Safety Code, |
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| 21 | 21 | | must obtain the board's prior approval to offer the program if |
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| 22 | 22 | | enrollment in the program would make the person eligible to receive |
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| 23 | 23 | | a grant under the federal Pell Grant program. |
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| 24 | 24 | | (c) The board may adopt rules necessary to implement this |
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| 25 | 25 | | section. |
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| 26 | 26 | | SECTION 2. Section 61.05123, Education Code, as added by |
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| 27 | 27 | | this Act, applies beginning with degree and certificate programs |
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| 28 | 28 | | offered for the 2023-2024 academic year. |
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| 29 | 29 | | SECTION 3. This Act takes effect immediately if it receives |
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| 30 | 30 | | a vote of two-thirds of all the members elected to each house, as |
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| 31 | 31 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 32 | 32 | | Act does not receive the vote necessary for immediate effect, this |
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| 33 | 33 | | Act takes effect September 1, 2023. |
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| 34 | 34 | | ______________________________ ______________________________ |
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| 35 | 35 | | President of the Senate Speaker of the House |
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| 36 | 36 | | I hereby certify that S.B. No. 526 passed the Senate on |
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| 37 | 37 | | April 18, 2023, by the following vote: Yeas 30, Nays 1. |
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| 38 | 38 | | ______________________________ |
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| 39 | 39 | | Secretary of the Senate |
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| 40 | 40 | | I hereby certify that S.B. No. 526 passed the House on |
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| 41 | 41 | | May 19, 2023, by the following vote: Yeas 140, Nays 3, two |
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| 42 | 42 | | present not voting. |
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| 43 | 43 | | ______________________________ |
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| 44 | 44 | | Chief Clerk of the House |
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| 45 | 45 | | Approved: |
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| 46 | 46 | | ______________________________ |
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| 47 | 47 | | Date |
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| 48 | 48 | | ______________________________ |
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| 49 | 49 | | Governor |
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