By: Luna S.B. No. 1381
73R8539 ESH-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the transfer of regulation of proprietary schools from
1-3 the Central Education Agency to the Texas Higher Education
1-4 Coordinating Board.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Subchapter C, Chapter 32, Education Code, is
1-7 amended by adding Section 32.211 to read as follows:
1-8 Sec. 32.211. TRANSFER OF ADMINISTRATION TO COORDINATING
1-9 BOARD. (a) The Central Education Agency and the commissioner of
1-10 higher education shall enter into an interagency contract for the
1-11 transfer of the regulation of proprietary schools from the Central
1-12 Education Agency to the Texas Higher Education Coordinating Board.
1-13 The transfer shall take effect on a date specified in the contract,
1-14 but not later than February 1, 1994. On the effective date of the
1-15 transfer:
1-16 (1) all powers, duties, rights, and obligations of the
1-17 Central Education Agency relating to the regulation of proprietary
1-18 schools are transferred to the Texas Higher Education Coordinating
1-19 Board;
1-20 (2) all assets, liabilities, equipment, data,
1-21 documents, facilities, and other items of the Central Education
1-22 Agency relating to the regulation of proprietary schools are
1-23 transferred to the Texas Higher Education Coordinating Board; and
1-24 (3) any appropriation to the Central Education Agency
2-1 relating to the regulation of proprietary schools is transferred to
2-2 the Texas Higher Education Coordinating Board.
2-3 (b) The commissioner of higher education shall publish the
2-4 contract in the Texas Register.
2-5 (c) The officers and employees of the Central Education
2-6 Agency shall cooperate fully with the reorganization.
2-7 (d) Until the effective date of a transfer under Subsection
2-8 (a) of this section, a reference in this chapter to the
2-9 commissioner of higher education is considered to be a reference to
2-10 the commissioner of education, and a reference to the Texas Higher
2-11 Education Coordinating Board is considered to be a reference to the
2-12 Central Education Agency.
2-13 (e) This section does not affect:
2-14 (1) the validity of any action taken by the Central
2-15 Education Agency under this chapter before the effective date of
2-16 the transfer described in Subsection (a) of this section; or
2-17 (2) a civil or administrative proceeding completed
2-18 before the effective date of the transfer.
2-19 (f) This section does not affect the validity of a civil or
2-20 administrative proceeding under this chapter, including
2-21 certification or rulemaking, in progress on the effective date of
2-22 the transfer described in Subsection (a) of this section. A civil
2-23 or administrative proceeding under this chapter that is in progress
2-24 on the effective date of the transfer described in Subsection (a)
2-25 of this section continues as if it had been initiated by the Texas
2-26 Higher Education Coordinating Board under the law in effect on that
2-27 date.
3-1 (g) All forms, rules, and procedures adopted by the Central
3-2 Education Agency for the administration and enforcement of this
3-3 chapter and in effect on the effective date of the transfer
3-4 described in Subsection (a) of this section remain in effect on or
3-5 after that date as if adopted by the Texas Higher Education
3-6 Coordinating Board until amended, repealed, withdrawn, or otherwise
3-7 superseded by the Texas Higher Education Coordinating Board. A
3-8 certificate of approval issued under this chapter and in effect on
3-9 the effective date of the transfer described in Subsection (a) of
3-10 this section remains in effect according to its terms as if issued
3-11 by the Texas Higher Education Coordinating Board until the
3-12 certificate expires or is revoked or surrendered.
3-13 SECTION 2. Section 32.11, Education Code, is amended by
3-14 amending Subdivision (5) and adding Subdivisions (10) and (11) to
3-15 read as follows:
3-16 (5) "Administrator" means the commissioner of higher
3-17 education <State Commissioner of Education> or a person,
3-18 knowledgeable in the administration of regulating proprietary
3-19 schools, designated by the Commissioner to administer the
3-20 provisions of this chapter.
3-21 (10) "Central Education Agency" or "State Board of
3-22 Education" means the Texas Higher Education Coordinating Board.
3-23 (11) "Commissioner of Education" means the
3-24 commissioner of higher education.
3-25 SECTION 3. Section 32.401, Education Code, is amended to
3-26 read as follows:
3-27 Sec. 32.401. APPROVED DEGREES. <(a)> A proprietary school
4-1 may offer a <an associate of applied arts or an associate of
4-2 applied science> degree approved by the Texas Higher Education
4-3 Coordinating Board.
4-4 <(b) A proprietary school may offer an applied technology
4-5 degree, an occupational studies degree, or other degree approved by
4-6 the Central Education Agency. The Central Education Agency shall
4-7 have no authority to approve a degree title that uses "associate,"
4-8 "bachelor's," "master's," or "doctor's" in the title and shall
4-9 consult with the Texas Higher Education Coordinating Board to
4-10 ensure that the titles of degrees approved by the agency are
4-11 distinctly different from the titles of degrees approved by the
4-12 board.>
4-13 SECTION 4. Section 32.21(d), Education Code, is repealed.
4-14 SECTION 5. The importance of this legislation and the
4-15 crowded condition of the calendars in both houses create an
4-16 emergency and an imperative public necessity that the
4-17 constitutional rule requiring bills to be read on three several
4-18 days in each house be suspended, and this rule is hereby suspended,
4-19 and that this Act take effect and be in force from and after its
4-20 passage, and it is so enacted.