By:  Vowell                                           H.B. No. 1591
       73R6182 T
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the powers and duties of the Texas Higher Education
    1-3  Coordination Board concerning certain institutions of higher
    1-4  education.
    1-5        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-6        SECTION 1.  Section 61.051, Education Code, is amended by
    1-7  amending Subsections (d), (e), (j), and (r) and adding subsection
    1-8  (s) to read as follows:
    1-9        (d)  Except as otherwise provided by this section, the <The>
   1-10  board shall develop, after direct consultation with the governing
   1-11  board of the institution and after providing a forum for a public
   1-12  hearing, the role and mission for each public institution of higher
   1-13  education in Texas.  The board shall hear applications from the
   1-14  institutions for changes in role and mission and make changes
   1-15  necessary to update the role and mission statements of each
   1-16  institution.  The board shall adopt by rule the criteria to be used
   1-17  in reviewing the role and mission statements.  The board, after
   1-18  direct consultation with the governing board of the institution and
   1-19  after providing the forum for a public hearing, may prescribe by
   1-20  rule maximum enrollment limits for such institution.  In setting
   1-21  maximum enrollment limits for such institution.  In setting maximum
   1-22  enrollment limits, the board shall take into account any financial
   1-23  hardship such enrollment limits might cause qualified Texas
   1-24  residents seeking a higher education.  The governing board of each
    2-1  institution shall determine the maximum enrollment limits for any
    2-2  department, school, degree program, or certificate program at the
    2-3  institution.
    2-4        (e)  The board shall review periodically the role and mission
    2-5  statements, the table of programs, and all degree and certificate
    2-6  programs offered by the public institutions of higher education to
    2-7  assure that they meet the present and future needs of the state and
    2-8  the counties in which they are located.  The board's review shall
    2-9  be performed at least every four years and shall involve the
   2-10  chairpersons of the institution's board of regents.  Except as
   2-11  otherwise provided by this section, the <The> board shall also
   2-12  order the initiation, consolidation, or elimination of degree or
   2-13  certificate programs where that action is in the best interest of
   2-14  the public institutions themselves or the general requirements of
   2-15  the State of Texas, the counties in which they are located, or when
   2-16  that action offers hope of achieving excellence by a concentration
   2-17  of available resources.  Except as otherwise provided by this
   2-18  section, no <No> new department, school, degree program, or
   2-19  certificate program may be added at any public institution of
   2-20  higher education except with specific prior approval of the board.
   2-21  The board may authorize an institution to continue a doctoral
   2-22  program that is inconsistent with the role and mission of the
   2-23  institution if the program was in existence on September 1, 1987,
   2-24  and the board determines that continuation of the program is
   2-25  warranted.
   2-26        (j)  Except as otherwise provided by this section, no <No>
   2-27  off-campus courses for credit may be offered by any public
    3-1  technical institute, public community college, or public college or
    3-2  university without specific prior approval of the board.  The board
    3-3  may not prohibit a public junior college district from offering a
    3-4  course for credit outside the boundaries of the junior college
    3-5  district when such course has met the requirements for approval as
    3-6  adopted by the board.  Except as otherwise provided by this
    3-7  section, the <The> board shall establish regulations for the
    3-8  coordination of credit and non credit activities of adult and
    3-9  continuing education by public technical institutes, public
   3-10  community colleges, or public colleges and universities.
   3-11        (r)  Except as otherwise provided by this section, the <The>
   3-12  board shall conduct a review of all doctoral programs offered at
   3-13  institutions of higher education.  The review shall consider:
   3-14              (1)  program quality;
   3-15              (2)  demand for the degree program;
   3-16              (3)  number of graduates;
   3-17              (4)  geographic distribution of doctoral degree
   3-18  programs;
   3-19              (5)  employment opportunities and demand for degree
   3-20  holders; and
   3-21              (6)  duplication with other programs.
   3-22  The board shall begin the review by considering first the
   3-23  institutions that offer a single doctoral program.  The review must
   3-24  be completed by December 1992.  The board shall report the results
   3-25  of the review regarding public institutions of higher education to
   3-26  the legislature not later than the convening of the regular
   3-27  legislative session in 1993.
    4-1        (s)  The governing board of each institution of higher
    4-2  education to which this subsection applies, after direct
    4-3  consultation with the executive officer of the institution and
    4-4  after providing a forum for a public hearing, shall develop the
    4-5  role and mission for the institution and add new departments,
    4-6  schools, degree programs, and certificate programs to the
    4-7  institution as are justified by local and regional needs of the
    4-8  area served by the institution or by the present and future needs
    4-9  of the state.  The board may review and report on the quality of
   4-10  any department, school or program added by the governing board of
   4-11  the institution pursuant to this subsection, but may not initiate
   4-12  such review or release such report prior to four calendar years
   4-13  after enrollment in the department, school or program has begun.
   4-14  Consolidation or elimination of degree or certificate programs,
   4-15  pursuant to subsection (e), can be ordered only with the
   4-16  concurrence of the governing board of the institution.  Pursuant to
   4-17  subsection (j), off-campus courses offered within the service
   4-18  region of the institution do not require approval by the board.
   4-19  This subsection applies to Sul Ross State University, Laredo State
   4-20  University, Corpus Christi State University, Texas A&I University,
   4-21  the University of Texas at San Antonio, The University of Texas
   4-22  Health Science Center at San Antonio, the University of Texas of
   4-23  Texas-Pan American, the University of Texas at Brownsville and the
   4-24  University of Texas at El Paso.
   4-25        SECTION 2.  Section 61.058, Education Code, is amended to
   4-26  read as follows:
   4-27        (a)  Except as otherwise provided by this section, the <The>
    5-1  board shall approve or disapprove all new construction and repair
    5-2  and rehabilitation of all buildings and facilities at institutions
    5-3  of higher education financed from any source provided that:
    5-4                    (A)  the board's consideration and determination
    5-5  shall be limited to the purpose for which the new or remodeled
    5-6  buildings are to be used to assure conformity with approved space
    5-7  utilization standards and the institution's approved programs and
    5-8  role and mission if the cost of the project is not more that
    5-9  $600,000, but the board may consider cost factors and the financial
   5-10  implications of the project to the state if the total cost is in
   5-11  excess of $600,000;
   5-12                    (B)  the requirement of approval for new
   5-13  construction applies only to projects the total cost of which is in
   5-14  excess of $300,00;
   5-15                    (C)  the requirement of approval for major repair
   5-16  and rehabilitation of buildings and facilities applies only to a
   5-17  project the total cost of which is more than $600,000;
   5-18                    (D)  the requirement of approval or disapproval
   5-19  by the board does not apply to any new construction or major repair
   5-20  and rehabilitation project that is specifically approved by the
   5-21  legislature;
   5-22                    (E)  the requirement of approval by the board
   5-23  does not apply to a junior college's construction, repair, or
   5-24  rehabilitation financed entirely with funds from a source other
   5-25  than the state, including funds from ad valorem tax receipts of the
   5-26  college, gifts, grants, and donations to the college, and student
   5-27  fees; and
    6-1                    (F)  the requirement of approval by the board
    6-2  does not apply to construction, repair, or rehabilitation of
    6-3  privately owned buildings and facilities located on land leased
    6-4  from an institution of higher education if the construction,
    6-5  repair, or rehabilitation is financed entirely from funds not under
    6-6  the control of the institution, and provided further that:
    6-7                          (i)  the buildings and facilities are to be
    6-8  used exclusively for auxiliary enterprises; and
    6-9                          (ii)  the buildings and facilities will not
   6-10  require appropriations from the legislature for operation,
   6-11  maintenance, or repair unless approval by the board has been
   6-12  obtained.
   6-13        (b)  The requirement of approval or disapproval by the board
   6-14  does not apply to any construction, repair or rehabilitation
   6-15  project to be undertaken at Sul Ross University, Laredo State
   6-16  University, Corpus Christi State University, Texas A&I University,
   6-17  the University of Texas at San Antonio, the University of Texas
   6-18  Health Science Center at San Antonio, the University of Texas-Pan
   6-19  American, the University of Texas at Brownsville or the University
   6-20  of Texas at El Paso if the project is approved by the governing
   6-21  board of the institution.
   6-22        SECTION 3.  EMERGENCY.  The importance of this legislation
   6-23  and the crowded condition of the calendars in both houses create an
   6-24  emergency and an imperative public necessity that the
   6-25  constitutional rule requiring bills to be read on three several
   6-26  days in each house be suspended, and this rule is hereby suspended,
   6-27  and that this Act take effect and be in force from and after its
    7-1  passage, and is so enacted.