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.