By:  Smith, Ashley                                    H.B. No. 1752
       73R5941 SOS-F
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to school districts and institutions of higher education.
    1-3        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-4        SECTION 1.  Chapter 21, Education Code, is amended by adding
    1-5  Subchapter W to read as follows:
    1-6         SUBCHAPTER W.  RELATIONSHIPS BETWEEN SCHOOL DISTRICTS
    1-7                 AND INSTITUTIONS OF HIGHER EDUCATION
    1-8        Sec. 21.811.  DEFINITIONS.  In this subchapter:
    1-9              (1)  "Agency" means the Central Education Agency.
   1-10              (2)  "Coordinating board" means the Texas Higher
   1-11  Education Coordinating Board.
   1-12              (3)  "Faculty member" has the meaning assigned by
   1-13  Section 51.101 of this code.
   1-14              (4)  "Institution of higher education" has the meaning
   1-15  assigned by Section 61.003 of this code.
   1-16              (5)  "Private institution of higher education" has the
   1-17  meaning assigned by Section 61.302 of this code.
   1-18              (6)  "Teacher" has the meaning assigned by Section 2.07
   1-19  of this code.
   1-20        Sec. 21.812.  ENCOURAGEMENT AND MEASUREMENT OF RELATIONSHIPS
   1-21  BETWEEN SCHOOL DISTRICTS AND INSTITUTIONS OF HIGHER EDUCATION AND
   1-22  FACULTY MEMBERS.  (a)  The coordinating board, after consulting
   1-23  with the agency, shall develop policies to encourage and reward an
   1-24  institution of higher education and faculty members of the
    2-1  institution to create a substantive relationship with each school
    2-2  district within which a campus of the institution of higher
    2-3  education is located.
    2-4        (b)  The strategic plan that is required by Article 6252-31,
    2-5  Revised Statutes, as added by Chapter 384, Acts of the 72nd
    2-6  Legislature, Regular Session, 1991, for institutions of higher
    2-7  education may include a measure of whether the institution is
    2-8  creating a substantive relationship with each school district
    2-9  within which a campus of the institution of higher education is
   2-10  located.
   2-11        (c)  The minimum standards for faculty member advancement
   2-12  that the coordinating board is authorized to develop and recommend
   2-13  under Section 61.057 of this code may include the amount and
   2-14  quality of interaction faculty members have with school districts
   2-15  under this subchapter.
   2-16        Sec. 21.813.  INTERACTION BETWEEN SCHOOL DISTRICTS AND
   2-17  INSTITUTIONS OF HIGHER EDUCATION AND FACULTY MEMBERS.  (a)  A
   2-18  school district and an institution of higher education that has a
   2-19  campus within the school district may assist each other on research
   2-20  projects and on distance learning.
   2-21        (b)  The institution of higher education may provide a
   2-22  faculty member to the school district to teach high school students
   2-23  a college course at a high school in the school district.  If a
   2-24  student at the high school successfully completes the college
   2-25  course, the student shall receive high school credit and, if the
   2-26  student attends an institution of higher education, college credit
   2-27  for the course.
    3-1        (c)  Teachers at a school district and faculty members of a
    3-2  campus of an institution of higher education within the school
    3-3  district may create advisory groups to improve communication
    3-4  between the teachers and faculty members concerning the subject
    3-5  matter of their courses and teaching fields.
    3-6        (d)  The director of a library of an institution of higher
    3-7  education may allow a senior student of a high school in a school
    3-8  district within which a campus of the institution of higher
    3-9  education is located to use the library as if the senior student
   3-10  were enrolled at the institution of higher education.
   3-11        (e)  An institution of higher education may establish a
   3-12  student internship program or expand an existing program to
   3-13  encourage high school students with above-average grades to pursue
   3-14  careers in science, mathematics, and health care.
   3-15        Sec. 21.814.  INSTITUTION OF HIGHER EDUCATION-OPERATED SCHOOL
   3-16  DISTRICT.  (a)  The commissioner of education may order the
   3-17  suspension of the powers of the board of trustees of a school
   3-18  district if the school district has been rated in whole or part as
   3-19  academically unaccredited or accredited advised for a period of
   3-20  more than one year.  The commissioner shall immediately inform the
   3-21  Legislative Education Board of the commissioner's decision to order
   3-22  the suspension.
   3-23        (b)  At the time the commissioner enters an order under
   3-24  Subsection (a) of this section, the commissioner shall appoint:
   3-25              (1)  a board of managers to execute the powers of the
   3-26  board of trustees during the period of suspension; and
   3-27              (2)  a district superintendent.
    4-1        (c)  The board of managers must be composed of faculty
    4-2  members of a campus of an institution of higher education within
    4-3  the school district.  The appointed superintendent must be a
    4-4  faculty member of that campus.  The appointed superintendent shall
    4-5  perform all acts and duties necessary for the proper conduct,
    4-6  maintenance, and supervision of the schools in the district.
    4-7        (d)  Except as provided by Subsection (g) of this section,
    4-8  the board of managers and the appointed superintendent serve for
    4-9  terms not to exceed two years after the date that the order of
   4-10  suspension is entered.
   4-11        (e)  The appointed superintendent shall report annually to
   4-12  the commissioner on the progress of the school district toward
   4-13  meeting the requirements necessary to be rated for accreditation as
   4-14  exemplary, recognized, or accredited as provided by Section 21.753
   4-15  of this code.
   4-16        (f)  Based on the annual assessment of progress of the school
   4-17  district, but not later than the second anniversary after the date
   4-18  that the order of suspension is entered, the commissioner shall
   4-19  order that the district be annexed under Section 19.027 of this
   4-20  code or that the suspension be terminated.
   4-21        (g)  If the commissioner orders that the suspension be
   4-22  terminated, the appointed superintendent and the members of the
   4-23  superintendent's staff shall continue to serve for a one-year
   4-24  transition period.
   4-25        (h)  An appointed superintendent may apply to the
   4-26  commissioner for an exemption for the school district from a
   4-27  requirement or prohibition imposed under this code, including a
    5-1  rule adopted under this code, other than a prohibition of conduct
    5-2  that constitutes a criminal offense or a requirement or prohibition
    5-3  included under Section 11.272(b) of this code.
    5-4        Sec. 21.815.  ASSISTANCE TO SCHOOL DISTRICTS BY PUBLIC OR
    5-5  PRIVATE INSTITUTIONS OF HIGHER EDUCATION.  (a)  The commissioner of
    5-6  education may make a determination that a school district would
    5-7  benefit from the help of:
    5-8              (1)  an institution of higher education or from faculty
    5-9  members of the institution if a campus of the institution is within
   5-10  the school district; or
   5-11              (2)  a private institution of higher education or from
   5-12  faculty members of the private institution if a campus of the
   5-13  private institution is within the school district.
   5-14        (b)  If the commissioner of education makes a determination
   5-15  under Subsection (a) of this section, the institution of higher
   5-16  education or the private institution of higher education may
   5-17  provide the school district with assistance, including educational
   5-18  administrative support and instructional support.  The school
   5-19  district shall reimburse the institution of higher education or the
   5-20  private institution of higher education for the costs of the
   5-21  assistance.
   5-22        Sec. 21.816.  ASSISTANCE TO SCHOOL DISTRICTS BY STUDENT
   5-23  TEACHERS.  (a)  If an institution of higher education has a college
   5-24  of education or other division that has a primary responsibility to
   5-25  train students to teach in schools, the college or division is
   5-26  encouraged to identify a school district or school to assist as
   5-27  provided by this subchapter.
    6-1        (b)  The college or division is encouraged to develop and
    6-2  test new and innovative methods to teach at the identified school
    6-3  district or school.
    6-4        Sec. 21.817.  COMMUNITY SERVICE ADVISORY COMMITTEE.  (a)  The
    6-5  community service advisory committee consists of the following 10
    6-6  members:
    6-7              (1)  three members appointed by the coordinating board
    6-8  from a list of six names submitted by the governor;
    6-9              (2)  three members appointed by the coordinating board
   6-10  from a list of six names submitted by the lieutenant governor;
   6-11              (3)  three members appointed by the coordinating board
   6-12  from a list of six names submitted by the speaker of the house of
   6-13  representatives; and
   6-14              (4)  the commissioner of education, who serves as an ex
   6-15  officio, nonvoting member.
   6-16        (b)  The coordinating board shall designate a presiding
   6-17  officer of the advisory committee from among the appointed members.
   6-18        (c)  The advisory committee shall:
   6-19              (1)  advise the coordinating board, the governor, and
   6-20  the legislature concerning the development of a community service
   6-21  program for students enrolled at institutions of higher education;
   6-22  and
   6-23              (2)  prepare a comprehensive report on whether the
   6-24  legislature should adopt a community service program for students
   6-25  enrolled at institutions of higher education.
   6-26        (d)  The report under Subsection (c) of this section should
   6-27  include discussion and recommendations on:
    7-1              (1)  whether the state should require, authorize, or
    7-2  not take any action concerning the development of a community
    7-3  service program for graduate students or for undergraduate students
    7-4  enrolled at institutions of higher education;
    7-5              (2)  what types of community services should be
    7-6  included in a community service program, including assistance to
    7-7  teachers and tutoring or mentoring of students in school districts;
    7-8              (3)  priorities of emphasis among the types of
    7-9  community services;
   7-10              (4)  how a community service program should be
   7-11  established and administered;
   7-12              (5)  the amount and source of money needed to
   7-13  adequately fund a community service program; and
   7-14              (6)  how a community service program may be coordinated
   7-15  with a community service or similar program authorized by federal
   7-16  law.
   7-17        (e)  A member of the advisory committee may not receive
   7-18  compensation for service performed for the committee but is
   7-19  entitled to receive reimbursement, subject to any applicable
   7-20  limitation provided by the General Appropriations Act, for actual
   7-21  and necessary expenses incurred in performing duties for the
   7-22  committee.
   7-23        (f)  The coordinating board shall provide staff and other
   7-24  support services as needed by the advisory committee.
   7-25        (g)  The advisory committee shall submit the committee's
   7-26  report described by Subsection (d) of this section to the board,
   7-27  governor, and legislature not later than December 1, 1994.
    8-1        (h)  This section expires on September 1, 1995.
    8-2        SECTION 2.  Section 54.001, Education Code, is amended to
    8-3  read as follows:
    8-4        Sec. 54.001.  Definitions.  In this chapter:
    8-5              (1)  "Coordinating board" means the Texas Higher
    8-6  Education Coordinating Board <"Institution of higher education" has
    8-7  the same meaning as is assigned to it by Section 61.003 of this
    8-8  code>.
    8-9              (2)  "Governing board", "institution of higher
   8-10  education," "public junior college," and "public technical
   8-11  institute" have <has> the meanings <same meaning as is> assigned
   8-12  <to it> by Section 61.003 of this code.
   8-13        SECTION 3.  Subchapter D, Chapter 54, Education Code, is
   8-14  amended by adding Section 54.211 to read as follows:
   8-15        Sec. 54.211.  EXEMPTION FOR STUDENTS IN VOCATIONAL TRAINING
   8-16  OR TECHNICAL TRAINING.  (a)  A student enrolled in a public junior
   8-17  college or public technical institute is exempt from the payment of
   8-18  tuition authorized in this chapter if the tuition is for a
   8-19  vocational or technical training program.
   8-20        (b)  In addition to the formulas under Section 61.059 of this
   8-21  code, the coordinating board shall develop a formula to reimburse
   8-22  public junior colleges and public technical institutes for the cost
   8-23  to the colleges and institutes of the exemption provided by
   8-24  Subsection (a) of this section.  The formula must be based on:
   8-25              (1)  the number of students who are enrolled in a
   8-26  vocational or technical training program of a public junior college
   8-27  or public technical institute;
    9-1              (2)  the historical trends of the cost of tuition of a
    9-2  vocational or technical training program of a public junior college
    9-3  or public technical institute; and
    9-4              (3)  the number of students who are enrolled in a
    9-5  vocational or technical training program of a public junior college
    9-6  or public technical institute and who are registered only in
    9-7  courses that are required for a vocational degree or a technical
    9-8  degree.
    9-9        SECTION 4.  Section 61.051(g), Education Code, is amended to
   9-10  read as follows:
   9-11        (g)  The board, in cooperation with public junior colleges
   9-12  and public senior colleges and universities, shall develop and
   9-13  promulgate an articulation agreement.  The articulation agreement
   9-14  shall establish a basic core of general academic courses and shall
   9-15  establish the content for all lower division academic courses.
   9-16  Those courses <which> shall be freely transferable among all public
   9-17  institutions of higher education in Texas which are members of
   9-18  recognized accrediting agencies on the same basis as if the work
   9-19  had been taken at the receiving institution.  The board shall
   9-20  develop and implement policies to provide for the free
   9-21  transferability of all lower division course credit among
   9-22  institutions of higher education.
   9-23        SECTION 5.  Subchapter C, Chapter 61, Education Code, is
   9-24  amended by adding Section 61.083 to read as follows:
   9-25        Sec. 61.083.  REVIEW OF TEXAS STATE TECHNICAL COLLEGE
   9-26  PROGRAMS.  (a)  In this section, "system" means the Texas State
   9-27  Technical College System.
   10-1        (b)  Not later than November 1 of each even-numbered year,
   10-2  the board shall:
   10-3              (1)  review each program offered by the system to
   10-4  determine the rates of completion and enrollment; and
   10-5              (2)  with the assistance of the system and the Texas
   10-6  Employment Commission for each program offered by the system,
   10-7  identify each individual who, one year after having graduated from
   10-8  the system, is working in the primary subject matter of the program
   10-9  and determine or estimate the average salary of all of those
  10-10  individuals.
  10-11        (c)  If the board, after completing the review under
  10-12  Subsection (b) of this section, determines that a program offered
  10-13  by the system is not necessary, the board shall order that the
  10-14  program be discontinued not later than the last day of the academic
  10-15  year during which the order is issued.
  10-16        (d)  If the board determines from the review under Subsection
  10-17  (b) of this section that a program offered by the system has a high
  10-18  cost and a low average rate of salary for graduates of the program
  10-19  and that continuation of the program is not justified, the board
  10-20  shall order that the program be discontinued not later than the
  10-21  last day of the academic year during which the order is issued.
  10-22        (e)  The board shall develop a process to review each program
  10-23  offered by the system.  For any program that the board determines
  10-24  is primarily a service-based program or that is primarily a general
  10-25  academic program, the board shall order that the program be
  10-26  discontinued not later than the last day of the academic year
  10-27  during which the order is issued.  This subsection expires on
   11-1  September 1, 1997.
   11-2        SECTION 6.  Section 135.07, Education Code, is amended by
   11-3  adding Subsections (d) and (e) to read as follows:
   11-4        (d)  For each campus of the system and for each extension
   11-5  program, the coordinating board shall give significant weight in
   11-6  the formulas developed under Subsections (a) and (b) of this
   11-7  section to the costs associated with the advanced technology
   11-8  programs that are offered by the campus or extension program.  Not
   11-9  later than November 1 of each even-numbered year, the coordinating
  11-10  board shall assess whether the formulas accurately reflect the
  11-11  requirements of this subsection.  If the coordinating board finds
  11-12  the formulas to be inaccurate, the coordinating board shall adjust
  11-13  the formulas to accurately reflect the requirements of this
  11-14  subsection.
  11-15        (e)  Not later than December 1 of each even-numbered year,
  11-16  the coordinating board shall make a report to the Legislative
  11-17  Budget Board, the governor, and the system of the assessment of the
  11-18  formulas under Subsection (d) of this section and any corrections
  11-19  to the formulas.
  11-20        SECTION 7.  Section 61.078, Education Code, is repealed.
  11-21        SECTION 8.  (a)  Not later than October 1, 1993, the
  11-22  governor, lieutenant governor, and the speaker of the house of
  11-23  representatives shall submit a list of names to the Texas Higher
  11-24  Education Coordinating Board, as required by Section 21.817,
  11-25  Education Code, as added by this Act.
  11-26        (b)  Not later than November 1, 1993, the Texas Higher
  11-27  Education Coordinating Board shall appoint members to the community
   12-1  service advisory committee as required by Section 21.817, Education
   12-2  Code, as added by this Act.
   12-3        (c)  Section 54.211, Education Code, as added by this Act,
   12-4  applies only to tuition that becomes due beginning with the fall
   12-5  semester in 1996.  Tuition that became due before that semester is
   12-6  governed by the law in effect at the time the tuition became due,
   12-7  and that law is continued in effect for that purpose only.
   12-8        (d)  Not later than November 1, 1993, the Texas Higher
   12-9  Education Coordinating Board shall take the necessary action to
  12-10  develop the formula required by Section 54.211, Education Code, as
  12-11  added by this Act.
  12-12        (e)  Not later than September 1, 1993, the Texas Higher
  12-13  Education Coordinating Board shall complete the development and
  12-14  promulgation of the articulation agreement required by Section
  12-15  61.051(g), Education Code, as amended by this Act, and shall
  12-16  develop and implement the policies to provide for free
  12-17  transferability of all lower division course credit, as required by
  12-18  that section.
  12-19        (f)  Section 61.051(g), Education Code, as amended by this
  12-20  Act, applies only to the transferability of credit for courses
  12-21  taken on or after the fall semester in 1993.  The transferability
  12-22  of credit for courses taken before that semester is governed by the
  12-23  law in effect at the time the course was taken, and that law is
  12-24  continued in effect for this purpose only.
  12-25        SECTION 9.  The importance of this legislation and the
  12-26  crowded condition of the calendars in both houses create an
  12-27  emergency and an imperative public necessity that the
   13-1  constitutional rule requiring bills to be read on three several
   13-2  days in each house be suspended, and this rule is hereby suspended,
   13-3  and that this Act take effect and be in force from and after its
   13-4  passage, and it is so enacted.