Texas 2025 - 89th Regular

Texas Senate Bill SB1786 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	89R24486 KJE-F
2	1		By: Creighton, et al. S.B. No. 1786
3		-	(VanDeaver, King, Ward Johnson, Kitzman, et al.)
4		-	Substitute the following for S.B. No. 1786: No.
5	2
6	3
7	4
8	5
9	6		A BILL TO BE ENTITLED
10	7		AN ACT
11	8		relating to public higher education.
12	9		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	10		SECTION 1. Section 28.0095(a), Education Code, is amended
14	11		by adding Subdivision (5) to read as follows:
15	12		(5) "School district" includes the Windham School
16	13		District.
17	14		SECTION 2. Sections 28.0095(c), (e), and (f), Education
18	15		Code, are amended to read as follows:
19	16		(c) A student is eligible to enroll at no cost in a dual
20	17		credit course under the program if the student:
21	18		(1) is enrolled:
22	19		(A) in a grade level from 9 through 12 [high
23	20		school] in a school district or charter school; and
24	21		(B) in a dual credit course at a participating
25	22		institution of higher education; and
26	23		(2) was educationally disadvantaged at any time
27	24		during:
28	25		(A) the school year in which the student enrolls
29	26		in the dual credit course described by Subdivision (1)(B); or
30	27		(B) the four school years preceding the student's
31	28		enrollment in the dual credit course described by Subdivision
32	29		(1)(B).
33	30		(e) Each school district or charter school shall:
34	31		(1) on the [a high school student's] enrollment of a
35	32		student in a grade level from 9 through 12 in a dual credit course,
36	33		determine whether the student meets the criteria for the program
37	34		under Subsection (c)(2); and
38	35		(2) notify the institution of higher education that
39	36		offers the dual credit course in which the student is enrolled of
40	37		the district's or school's determination under Subdivision (1).
41	38		(f) A school district or charter school may make the
42	39		determination under Subsection (e)(1) based on the district's or
43	40		school's records, the agency's records, or any other method
44	41		authorized by commissioner or coordinating board rule. If the
45	42		district or school bases the determination on a method other than
46	43		the agency's records, the district or school shall report the
47	44		method used and the data on which the method is based to the agency
48	45		for purposes of verification. The agency shall make available to
49	46		school districts and charter schools any available and relevant
50	47		data for making the determination required under Subsection (e)(1).
51		-	SECTION 3. Subchapter A, Chapter 56, Education Code, is
52		-	amended by adding Section 56.0035 to read as follows:
53		-	Sec. 56.0035. RULES. (a) The Texas Higher Education
54		-	Coordinating Board may adopt rules necessary to carry out the
55		-	purposes of this chapter, including any rules necessary to
56		-	administer federal financial aid or grant programs or provide
57		-	federal money to institutions of higher education under Title IV of
58		-	the Higher Education Act of 1965 (20 U.S.C. Section 1070 et seq.) or
59		-	another federal law or program.
60		-	(b) Notwithstanding Section 61.0331, the Texas Higher
61		-	Education Coordinating Board is not required to use negotiated
62		-	rulemaking to adopt rules necessary to administer federal financial
63		-	aid or grant programs or provide federal money to institutions of
64		-	higher education under Title IV of the Higher Education Act of 1965
65		-	(20 U.S.C. Section 1070 et seq.) or another federal law or program.
66		-	SECTION 4. Section 61.003(2), Education Code, is amended to
	48	+	SECTION 3. Section 61.003(2), Education Code, is amended to
67	49		read as follows:
68	50		(2) "Public junior college" means any junior college
69	51		associated with a junior college district described by Subchapter
70	52		J, Chapter 130 [listed as a public junior college in accordance with
71	53		Section 61.063].
72		-	SECTION 5. Subchapter B, Chapter 61, Education Code, is
	54	+	SECTION 4. Subchapter B, Chapter 61, Education Code, is
73	55		amended by adding Section 61.0275 to read as follows:
74	56		Sec. 61.0275. ADOPTION BY REFERENCE. The board may adopt by
75	57		reference a manual or policy document as a rule.
	58	+	SECTION 5. Subchapter C, Chapter 61, Education Code, is
	59	+	amended by adding Sections 61.09023 and 61.09096 to read as
	60	+	follows:
	61	+	Sec. 61.09023. REPORTING ON POSTSECONDARY OUTCOMES. (a)
	62	+	The board, in conjunction with the Texas Education Agency, shall
	63	+	post on the board's Internet website the following de-identified
	64	+	data, disaggregated by institution of higher education, school
	65	+	district, and matriculating cohort:
	66	+	(1) for students who graduate from a degree,
	67	+	certificate, or other credential program:
	68	+	(A) the program completed;
	69	+	(B) the employment status of graduates from each
	70	+	program, including, if known, the number of those graduates who
	71	+	enrolled in additional postsecondary education;
	72	+	(C) the counties of employment and residence,
	73	+	industries of employment, occupations, and wages of graduates from
	74	+	each program; and
	75	+	(D) the number of applications for the program
	76	+	using the common admission application form adopted under Section
	77	+	51.762 or a form adopted by the institution; and
	78	+	(2) for students who have not graduated from a degree,
	79	+	certificate, or other credential program and are no longer enrolled
	80	+	in that program:
	81	+	(A) the program in which the student was most
	82	+	recently enrolled;
	83	+	(B) the number of credits remaining before the
	84	+	student would complete the program;
	85	+	(C) the student's employment status, including,
	86	+	if known, whether the student is enrolled in another degree,
	87	+	certificate, or other credential program at an institution of
	88	+	higher education;
	89	+	(D) the counties and industries of employment,
	90	+	occupations, and wages of those students; and
	91	+	(E) the number of applications for the program
	92	+	using the common admission application form adopted under Section
	93	+	51.762 or a form adopted by the institution.
	94	+	(b) The board shall ensure the data posted under Subsection
	95	+	(a) complies with the Family Educational Rights and Privacy Act of
	96	+	1974 (20 U.S.C. Section 1232g).
	97	+	Sec. 61.09096. BIENNIAL REGIONAL LABOR DEMAND ASSESSMENT.
	98	+	(a) The board, in consultation with the Texas Workforce
	99	+	Commission, shall conduct a biennial assessment of regional labor
	100	+	demands across the state to allow institutions of higher education
	101	+	and school districts to better align educational programs with
	102	+	workforce needs. In conducting the assessment, the board shall:
	103	+	(1) analyze current and projected workforce needs in
	104	+	each region of the state over a 10-year period, disaggregated by
	105	+	wage, industry, occupational field, full-time and part-time
	106	+	status, county of primary employment, county of residence, and
	107	+	remote work status;
	108	+	(2) identify for each region and county the industries
	109	+	and occupations that lead to a self-sufficient wage, as determined
	110	+	under Section 2308A.012, Government Code, based on local labor
	111	+	market conditions;
	112	+	(3) provide a list of degrees, certificates, or other
	113	+	credentials included in the library of credentials established
	114	+	under Section 2308A.007, Government Code, that lead to jobs in the
	115	+	industries or occupations identified under Subdivision (2); and
	116	+	(4) provide information on outcomes relating to each
	117	+	degree, certificate, or other credential listed under Subdivision
	118	+	(3), including:
	119	+	(A) the median wage earned by students who
	120	+	graduated with the degree, certificate, or other credential in 1
	121	+	year, 5 years, and 10 years after completion of the program; and
	122	+	(B) job placement rates in six months of
	123	+	completion of the degree, certificate, or other credential.
	124	+	(b) To assist the board in conducting the assessment under
	125	+	this section, the board, in coordination with other state agencies,
	126	+	including the Texas Workforce Commission, the Texas Education
	127	+	Agency, and other relevant entities, shall:
	128	+	(1) access labor market information, employment data,
	129	+	and workforce projections; and
	130	+	(2) ensure that educational and training programs,
	131	+	credentialing pathways, and career preparation efforts are
	132	+	informed by comprehensive and accurate labor market data.
	133	+	(c) The board shall provide the labor market information and
	134	+	workforce projections obtained from the assessment conducted under
	135	+	this section, disaggregated by education service center region, to
	136	+	institutions of higher education, school districts, and
	137	+	open-enrollment charter schools to support program development
	138	+	aligned with regional workforce needs.
	139	+	(d) Not later than December 1 of each even-numbered year,
	140	+	the board shall report the results of the assessment conducted
	141	+	under this section to the governor, the lieutenant governor, the
	142	+	speaker of the house of representatives, and the standing
	143	+	legislative committees with primary jurisdiction over higher
	144	+	education. Regional data included in the report must be
	145	+	disaggregated by education service center region.
76	146		SECTION 6. Section 130A.005, Education Code, is amended by
77	147		adding Subsection (d) to read as follows:
78	148		(d) The coordinating board may use the emergency rulemaking
79	149		procedures established under Section 2001.034, Government Code, to
80	150		adopt rules necessary to align the funding formulas under this
81	151		chapter with appropriations or other legislative action. The
82	152		coordinating board is not required to make the finding described by
83	153		Section 2001.034(a), Government Code, to adopt rules under this
84	154		subsection.
85		-	SECTION 7. Section 130A.101(c), Education Code, is amended
	155	+	SECTION 7. Subchapter A, Chapter 130A, Education Code, is
	156	+	amended by adding Section 130A.0061 to read as follows:
	157	+	Sec. 130A.0061. REPORTING ON OUT-OF-STATE STUDENT
	158	+	TRANSFERS. (a) In submitting required data under Section 130A.006
	159	+	for an academic year, each junior college district shall include
	160	+	data regarding students who transfer to an out-of-state college or
	161	+	university during that academic year.
	162	+	(b) Not later than December 1 of each even-numbered year,
	163	+	the coordinating board shall submit to the legislature a report on
	164	+	out-of-state transfers from junior college districts using data
	165	+	collected under Subsection (a). The report required under this
	166	+	subsection may be included in any other report made by the
	167	+	coordinating board.
	168	+	SECTION 8. Section 130A.101(c), Education Code, is amended
86	169		to read as follows:
87	170		(c) The measurable outcomes considered for purposes of
88	171		performance tier funding are:
89	172		(1) the number of credentials of value awarded, as
90	173		determined by the coordinating board based on analyses of wages and
91	174		costs associated with the credential, including degrees,
92	175		certificates, and other credentials from credit and non-credit
93	176		programs that equip students for continued learning and greater
94	177		earnings in the state economy, with an additional weight for
95	178		placement of students who earn that credential in a high-demand
96	179		occupation, as defined by coordinating board rule, or an
97	180		appropriate proxy determined by the coordinating board based on
98	181		available data;
99	182		(2) the number of students who earn at least 15
100	183		semester credit hours or the equivalent at the junior college
101	184		district and:
102	185		(A) subsequently transfer to:
103	186		(i) a general academic teaching
104	187		institution, as that term is defined by Section 61.003; or
105	188		(ii) a private or independent institution
106	189		of higher education, as that term is defined by Section 61.003, that
107	190		offers four-year degree programs; or
108	191		(B) are enrolled in a structured co-enrollment
109	192		program, as authorized by coordinating board rule; and
110	193		(3) the number of students who complete a sequence of
111	194		at least 15 semester credit hours or the equivalent for dual credit
112	195		or dual enrollment courses, as defined by coordinating board rule,
113	196		that apply toward academic or workforce program requirements at the
114	197		postsecondary level.
115		-	SECTION 8. Subchapter C, Chapter 130A, Education Code, is
	198	+	SECTION 9. Subchapter C, Chapter 130A, Education Code, is
116	199		amended by adding Section 130A.102 to read as follows:
117	200		Sec. 130A.102. CREDENTIALS OF VALUE. (a) For purposes of
118	201		Section 130A.101(c)(1), the coordinating board shall designate a
119	202		credential as a credential of value if the credential:
120	203		(1) provides a positive return on investment for a
121	204		student who received the credential, as measured by earning or
122	205		being expected to earn cumulative wages at least equal to the
123	206		cumulative median earnings for high school graduates in this state
124	207		and earning at least the individual self-sufficient wage, as
125	208		defined by coordinating board rule, during the period specified by
126	209		coordinating board rule but not more than 10 years after the date on
127	210		which the credential is received; and
128	211		(2) allows a student who received the credential to
129	212		recoup the net cost of attendance at a public junior college,
130	213		including opportunity cost, where:
131	214		(A) the net cost of attendance is the net cost of
132	215		attendance used for purposes of financial aid at the college less
133	216		any aid received by the student; and
134	217		(B) opportunity cost is the difference between
135	218		cumulative median earnings for high school graduates in this state
136	219		and cumulative median earnings for students while enrolled in the
137	220		certificate or degree program leading to the credential for:
138	221		(i) a period of two years for an associate
139	222		degree program;
140	223		(ii) a period of four years for a
141	224		baccalaureate degree program; and
142	225		(iii) a period determined by coordinating
143	226		board rule based on the program's design for a certificate or degree
144	227		program not described by Subparagraph (i) or (ii).
145	228		(b) The coordinating board shall calculate the return on
146	229		investment for a credential under Subsection (a)(1) using the most
147	230		current data available to the coordinating board from:
148	231		(1) the integrated postsecondary education data
149	232		system maintained by the National Center for Education Statistics;
150	233		(2) wage records obtained from the Texas Workforce
151	234		Commission;
152	235		(3) the American Community Survey by the United States
153	236		Census Bureau;
154	237		(4) the coordinating board's data reporting systems;
155	238		or
156	239		(5) other data sources selected by the coordinating
157	240		board.
158	241		(c) In adopting a definition of individual self-sufficient
159	242		wage for purposes of Subsection (a)(1), the coordinating board
160	243		shall ensure the definition is correlated with the statewide median
161	244		of the self-sufficient wage determined under Section 2308A.012,
162	245		Government Code.
163	246		(d) The coordinating board may designate a credential in
164	247		education or health care as a credential of value regardless of
165	248		whether the credential meets the criteria under Subsection (a) if
166	249		the coordinating board determines the designation is necessary to
167	250		ensure the workforce needs of this state are met in those fields.
168	251		(e) The coordinating board shall adopt rules as necessary to
169	252		implement this section in alignment with the long-range master plan
170	253		for higher education in this state developed under Section
171	254		61.051(a-1).
172		-	SECTION 9. Chapter 2308A, Government Code, is amended by
	255	+	SECTION 10. Chapter 2308A, Government Code, is amended by
173	256		adding Section 2308A.0115 to read as follows:
174	257		Sec. 2308A.0115. COORDINATION OF GRANT PROGRAMS FOR
175	258		SECONDARY AND POSTSECONDARY CAREER AND TECHNICAL EDUCATION
176	259		PROGRAMS. (a) For the establishment, implementation, and expansion
177	260		of secondary and postsecondary career and technical education
178	261		programs that are aligned with the state workforce development
179	262		goals, the agency, coordinating board, and commission shall
180	263		coordinate the competitive grant programs for those programs,
181	264		including:
182	265		(1) the Jobs and Education for Texans (JET) Grant
183	266		Program under Chapter 134, Education Code;
184	267		(2) the grant program established under the Pathways
185	268		in Technology Early College High School (P-TECH) program under
186	269		Section 29.556, Education Code;
187	270		(3) the Texas Reskilling and Upskilling through
188	271		Education (TRUE) Program established under Subchapter T-2, Chapter
189	272		61, Education Code; and
190	273		(4) federal career and technical education grant
191	274		programs, including grant programs under the Carl D. Perkins Career
192	275		and Technical Education Act of 2006 (20 U.S.C. Section 2301 et
193	276		seq.).
194	277		(b) In coordinating grant programs under Subsection (a),
195	278		the agency, coordinating board, and commission shall jointly:
196	279		(1) address career and technical education program
197	280		startup and delivery costs by aligning two or more grant funding
198	281		streams;
199	282		(2) identify and work to reduce duplication in grant
200	283		programs across the agency, coordinating board, and commission;
201	284		(3) identify opportunities to structure grant funding
202	285		for career and technical education projects that support
203	286		secondary-to-postsecondary career pathways, including by providing
204	287		for career and technical education dual credit or the attainment of
205	288		postsecondary credentials by secondary students;
206	289		(4) identify opportunities to structure grant funding
207	290		for career and technical education projects that are:
208	291		(A) aligned with the attainment of credentials of
209	292		value, as designated by the coordinating board for purposes of
210	293		Section 130A.101(c)(1), Education Code; and
211	294		(B) designed to meet state workforce needs in
212	295		high-demand fields; and
213	296		(5) to the extent possible, prioritize comprehensive
214	297		funding of facilities, equipment, instructional materials, and
215	298		faculty and staff for program development and delivery to best meet
216	299		the state workforce development goals.
217		-	SECTION 10. Section 204.0025, Labor Code, is amended to
	300	+	SECTION 11. Section 204.0025, Labor Code, is amended to
218	301		read as follows:
219	302		Sec. 204.0025. ADDITIONAL WORKFORCE DATA REPORTING. The
220	303		commission shall [It is the intent of the legislature that the
221	304		commission, subject to the availability of federal funding or other
222	305		resources for the purpose,] work with employers to enhance the
223	306		reporting of employment and earnings data by employers to the
224	307		commission as part of an employer's routine wage filings under this
225	308		subtitle or commission rule and consistent with federal law and
226	309		regulations. The enhanced wage filings must include information
227	310		related to wage, industry, occupational field, full-time and
228	311		part-time status, county of primary employment, remote work status,
229	312		[occupation] and other important employment information necessary
230	313		to conduct the assessment required under Section 302.0205 [that
231	314		would improve the state's labor market information].
232		-	SECTION 11. Subchapter A, Chapter 302, Labor Code, is
	315	+	SECTION 12. Subchapter A, Chapter 302, Labor Code, is
233	316		amended by adding Section 302.0205 to read as follows:
234	317		Sec. 302.0205. REGIONAL LABOR DEMAND ASSESSMENT. (a) In
235	318		this section, "institution of higher education" has the meaning
236	319		assigned by Section 61.003, Education Code.
237	320		(b) The commission shall conduct a biennial assessment of
238	321		available regional labor demands across this state using the best
239	322		available state and federal labor market data, as determined by the
240	323		commission, to allow institutions of higher education to better
241	324		align educational programs with workforce needs. The assessment
242	325		must:
243	326		(1) analyze current and projected workforce needs in
244	327		each region of this state over a 10-year period, disaggregated to
245	328		the extent possible by wage, industry, occupational field,
246	329		full-time and part-time status, county of primary employment, and
247	330		remote work status; and
248	331		(2) identify for each region and county of this state
249	332		the industries and occupations that lead to an individual
250	333		self-sufficient wage, as defined by Texas Higher Education
251	334		Coordinating Board rule in accordance with Section 130A.102,
252	335		Education Code.
253	336		(c) The commission may coordinate with other state
254	337		agencies, including the Texas Higher Education Coordinating Board
255	338		and the Texas Education Agency, to conduct the assessment under
256	339		this section.
257	340		(d) In conducting the assessment under this section, the
258	341		commission may:
259	342		(1) obtain any data the commission is authorized by
260	343		law to obtain from a state or federal agency or institution of
261	344		higher education at no cost to the commission;
262	345		(2) obtain expedited access at no cost to the
263	346		commission to data available through a center for education
264	347		research established under Section 1.005, Education Code; and
265	348		(3) contract with a state agency or institution of
266	349		higher education to conduct or assist in conducting the assessment.
267	350		(e) If the commission contracts with an institution of
268	351		higher education to conduct or assist in conducting the assessment
269	352		under Subsection (d)(3), the Texas Higher Education Coordinating
270	353		Board and the Texas Education Agency shall enter into a data sharing
271	354		agreement with the institution to provide to the institution any
272	355		data necessary to conduct the assessment.
273	356		(f) Not later than March 1 of each odd-numbered year, the
274	357		commission shall provide the results of the assessment to:
275	358		(1) the governor;
276	359		(2) the lieutenant governor;
277	360		(3) the speaker of the house of representatives;
278	361		(4) the standing legislative committees with primary
279	362		jurisdiction over higher education;
280	363		(5) the Texas Higher Education Coordinating Board;
281	364		(6) the Texas Education Agency;
282	365		(7) institutions of higher education; and
283	366		(8) public schools.
284		-	SECTION 12. Section 28.0095, Education Code, as amended by
	367	+	SECTION 13. Section 28.0095, Education Code, as amended by
285	368		this Act, applies beginning with the 2025-2026 school year.
286		-	SECTION 13. The Texas Higher Education Coordinating Board
287		-	may identify rules required by the passage of Section 56.0035,
288		-	Education Code, as added by this Act, that must be adopted on an
289		-	emergency basis for purposes of the 2025-2026 academic year and may
290		-	use the procedures established under Section 2001.034, Government
291		-	Code, for adopting those rules. The coordinating board is not
292		-	required to make the finding described by Section 2001.034(a),
293		-	Government Code, to adopt emergency rules under this section.
294	369		SECTION 14. Not later than December 1, 2026, the Texas
295	370		Higher Education Coordinating Board shall evaluate the data
296	371		available under Section 204.0025, Labor Code, as amended by this
297	372		Act, to identify the effects of transitioning to a county-by-county
298	373		definition of individual self-sufficient wage for purposes of
299	374		Section 130A.102, Education Code, as added by this Act.
300	375		SECTION 15. (a) Section 130A.102, Education Code, as added
301	376		by this Act, applies to associate degrees awarded by a public junior
302	377		college beginning with the 2025-2026 academic year. That section
303	378		applies to other degrees and certificates awarded by a public
304	379		junior college beginning with the 2027-2028 academic year.
305	380		(b) Not later than August 1, 2027, the Texas Higher
306	381		Education Coordinating Board, in consultation with the standing
307	382		advisory committee established under Section 130.001, Education
308	383		Code, shall adopt rules implementing Section 130A.102, Education
309	384		Code, as added by this Act, for each certificate program offered by
310	385		a public junior college.
311	386		SECTION 16. (a) Except as provided by Subsection (b) of this
312	387		section, this Act takes effect immediately if it receives a vote of
313	388		two-thirds of all the members elected to each house, as provided by
314	389		Section 39, Article III, Texas Constitution. If this Act does not
315	390		receive the vote necessary for immediate effect, this Act takes
316	391		effect September 1, 2025.
317	392		(b) Section 130A.101(c), Education Code, as amended by this
318	393		Act, and Section 130A.102, Education Code, as added by this Act,
319	394		take effect September 1, 2025.