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A BILL TO BE ENTITLED
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AN ACT
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relating to the authority of the Texas Higher Education |
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Coordinating Board to authorize certain degree programs offered by |
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private postsecondary educational institutions. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 61.303, Education Code, as amended by |
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S.B. 1781, Acts of the 85th Legislature, Regular Session, 2017, is |
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amended by reenacting and amending Subsection (c) and adding |
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Subsection (c-1) to read as follows: |
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(c) Except as provided by Subsection (c-1), the [The] board |
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may approve the issuance of a certificate of authorization to grant |
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degrees [issue] to an exempt institution or person [a certificate |
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of authorization to grant degrees]. The board may adopt rules |
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regarding a process to allow an exempt institution or person to |
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apply [for] and receive approval for a certificate of authorization |
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under this section. |
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(c-1) The board may not approve the issuance of a |
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certificate of authorization for an exempt institution to grant a |
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professional degree or to represent that credits earned in this |
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state are applicable toward a professional degree if the |
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institution is chartered in another state or has its principal |
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office or primary educational program in another state unless the |
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institution is an authorized institution operating under a State |
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Authorization Reciprocity Agreement (SARA). In this subsection, |
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"professional degree" includes Doctor of Medicine (M.D.), Doctor of |
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Osteopathy (D.O.), Doctor of Dental Surgery (D.D.S.), Doctor of |
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Veterinary Medicine (D.V.M.), Juris Doctor (J.D.), and Bachelor of |
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Laws (LL.B.). |
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SECTION 2. Section 61.306, Education Code, is amended by |
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amending Subsections (a) and (c) and adding Subsections (c-1) and |
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(d) to read as follows: |
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(a) Subject to Subsections (c) and (c-1), the [The] board |
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may issue a certificate of authority to grant a degree or degrees |
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and to enroll students for courses which may be applicable toward a |
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degree if it finds that the applicant meets the standards |
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established by the board for certification. |
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(c) The board may not issue a certificate of authority for a |
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private postsecondary educational institution to grant a |
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professional degree or to represent that credits earned in this |
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state are applicable toward a professional degree if the |
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institution is chartered in a foreign country or has its principal |
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office or primary educational program in a foreign country. |
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(c-1) The board may issue a certificate of authority for a |
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private postsecondary educational institution to grant a |
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professional degree or to represent that credits earned in this |
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state are applicable toward a professional degree only if the board |
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determines that: |
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(1) the capacity and ability of similar professional |
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degree programs at institutions of higher education and private or |
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independent institutions of higher education are insufficient to |
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meet the state's current market needs; |
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(2) the institution seeking the certificate of |
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authority: |
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(A) has the necessary faculty and other resources |
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to ensure student success; and |
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(B) is subject to and agrees to meet the same |
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standards for approval and all academic criteria applicable to |
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similar professional degree programs offered by institutions of |
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higher education and private or independent institutions of higher |
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education; and |
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(3) sufficient placements are available to students |
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for required field-based experience, such as clinicals or |
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clerkships, for the proposed professional degree. |
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(d) In this section: |
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(1) "Institution of higher education" and "private or |
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independent institution of higher education" have the meanings |
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assigned by Section 61.003. |
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(2) "Professional [subsection, "professional] degree" |
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includes a Doctor of Medicine (M.D.), Doctor of Osteopathy (D.O.), |
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Doctor of Dental Surgery (D.D.S.), Doctor of Veterinary Medicine |
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(D.V.M.), Juris Doctor (J.D.), and Bachelor of Laws (LL.B.). |
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SECTION 3. This Act takes effect September 1, 2021. |