1-1 By: Luna S.B. No. 1381
1-2 (In the Senate - Filed April 15, 1993; April 19, 1993, read
1-3 first time and referred to Committee on Education; May 12, 1993,
1-4 reported favorably by the following vote: Yeas 7, Nays 0;
1-5 May 12, 1993, sent to printer.)
1-6 COMMITTEE VOTE
1-7 Yea Nay PNV Absent
1-8 Ratliff x
1-9 Haley x
1-10 Barrientos x
1-11 Bivins x
1-12 Harris of Tarrant x
1-13 Luna x
1-14 Montford x
1-15 Shapiro x
1-16 Sibley x
1-17 Turner x
1-18 Zaffirini x
1-19 A BILL TO BE ENTITLED
1-20 AN ACT
1-21 relating to the transfer of regulation of proprietary schools from
1-22 the Central Education Agency to the Texas Higher Education
1-23 Coordinating Board.
1-24 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-25 SECTION 1. Subchapter C, Chapter 32, Education Code, is
1-26 amended by adding Section 32.211 to read as follows:
1-27 Sec. 32.211. TRANSFER OF ADMINISTRATION TO COORDINATING
1-28 BOARD. (a) The Central Education Agency and the commissioner of
1-29 higher education shall enter into an interagency contract for the
1-30 transfer of the regulation of proprietary schools from the Central
1-31 Education Agency to the Texas Higher Education Coordinating Board.
1-32 The transfer shall take effect on a date specified in the contract,
1-33 but not later than February 1, 1994. On the effective date of the
1-34 transfer:
1-35 (1) all powers, duties, rights, and obligations of the
1-36 Central Education Agency relating to the regulation of proprietary
1-37 schools are transferred to the Texas Higher Education Coordinating
1-38 Board;
1-39 (2) all assets, liabilities, equipment, data,
1-40 documents, facilities, and other items of the Central Education
1-41 Agency relating to the regulation of proprietary schools are
1-42 transferred to the Texas Higher Education Coordinating Board; and
1-43 (3) any appropriation to the Central Education Agency
1-44 relating to the regulation of proprietary schools is transferred to
1-45 the Texas Higher Education Coordinating Board.
1-46 (b) The commissioner of higher education shall publish the
1-47 contract in the Texas Register.
1-48 (c) The officers and employees of the Central Education
1-49 Agency shall cooperate fully with the reorganization.
1-50 (d) Until the effective date of a transfer under Subsection
1-51 (a) of this section, a reference in this chapter to the
1-52 commissioner of higher education is considered to be a reference to
1-53 the commissioner of education, and a reference to the Texas Higher
1-54 Education Coordinating Board is considered to be a reference to the
1-55 Central Education Agency.
1-56 (e) This section does not affect:
1-57 (1) the validity of any action taken by the Central
1-58 Education Agency under this chapter before the effective date of
1-59 the transfer described in Subsection (a) of this section; or
1-60 (2) a civil or administrative proceeding completed
1-61 before the effective date of the transfer.
1-62 (f) This section does not affect the validity of a civil or
1-63 administrative proceeding under this chapter, including
1-64 certification or rulemaking, in progress on the effective date of
1-65 the transfer described in Subsection (a) of this section. A civil
1-66 or administrative proceeding under this chapter that is in progress
1-67 on the effective date of the transfer described in Subsection (a)
1-68 of this section continues as if it had been initiated by the Texas
2-1 Higher Education Coordinating Board under the law in effect on that
2-2 date.
2-3 (g) All forms, rules, and procedures adopted by the Central
2-4 Education Agency for the administration and enforcement of this
2-5 chapter and in effect on the effective date of the transfer
2-6 described in Subsection (a) of this section remain in effect on or
2-7 after that date as if adopted by the Texas Higher Education
2-8 Coordinating Board until amended, repealed, withdrawn, or otherwise
2-9 superseded by the Texas Higher Education Coordinating Board. A
2-10 certificate of approval issued under this chapter and in effect on
2-11 the effective date of the transfer described in Subsection (a) of
2-12 this section remains in effect according to its terms as if issued
2-13 by the Texas Higher Education Coordinating Board until the
2-14 certificate expires or is revoked or surrendered.
2-15 SECTION 2. Section 32.11, Education Code, is amended by
2-16 amending Subdivision (5) and adding Subdivisions (10) and (11) to
2-17 read as follows:
2-18 (5) "Administrator" means the commissioner of higher
2-19 education <State Commissioner of Education> or a person,
2-20 knowledgeable in the administration of regulating proprietary
2-21 schools, designated by the Commissioner to administer the
2-22 provisions of this chapter.
2-23 (10) "Central Education Agency" or "State Board of
2-24 Education" means the Texas Higher Education Coordinating Board.
2-25 (11) "Commissioner of education" means the
2-26 commissioner of higher education.
2-27 SECTION 3. Section 32.401, Education Code, is amended to
2-28 read as follows:
2-29 Sec. 32.401. APPROVED DEGREES. <(a)> A proprietary school
2-30 may offer a <an associate of applied arts or an associate of
2-31 applied science> degree approved by the Texas Higher Education
2-32 Coordinating Board.
2-33 <(b) A proprietary school may offer an applied technology
2-34 degree, an occupational studies degree, or other degree approved by
2-35 the Central Education Agency. The Central Education Agency shall
2-36 have no authority to approve a degree title that uses "associate,"
2-37 "bachelor's," "master's," or "doctor's" in the title and shall
2-38 consult with the Texas Higher Education Coordinating Board to
2-39 ensure that the titles of degrees approved by the agency are
2-40 distinctly different from the titles of degrees approved by the
2-41 board.>
2-42 SECTION 4. Subsection (d), Section 32.21, Education Code, is
2-43 repealed.
2-44 SECTION 5. The importance of this legislation and the
2-45 crowded condition of the calendars in both houses create an
2-46 emergency and an imperative public necessity that the
2-47 constitutional rule requiring bills to be read on three several
2-48 days in each house be suspended, and this rule is hereby suspended,
2-49 and that this Act take effect and be in force from and after its
2-50 passage, and it is so enacted.
2-51 * * * * *
2-52 Austin,
2-53 Texas
2-54 May 12, 1993
2-55 Hon. Bob Bullock
2-56 President of the Senate
2-57 Sir:
2-58 We, your Committee on Education to which was referred S.B.
2-59 No. 1381, have had the same under consideration, and I am
2-60 instructed to report it back to the Senate with the recommendation
2-61 that it do pass and be printed.
2-62 Ratliff,
2-63 Chairman
2-64 * * * * *
2-65 WITNESSES
2-66 FOR AGAINST ON
2-67 ___________________________________________________________________
2-68 Name: Thomas E. Anderson Jr. x
2-69 Representing: Texas Education Agency
2-70 City: Austin
3-1 -------------------------------------------------------------------
3-2 Name: Duncan Fox x
3-3 Representing: Texas Education Agency
3-4 City: Austin
3-5 -------------------------------------------------------------------
3-6 Name: Carolyn Willard x
3-7 Representing: Court Reporting Institution
3-8 City: Dallas
3-9 -------------------------------------------------------------------
3-10 Name: Leslie Roberts x
3-11 Representing: Bish Mathis Institute
3-12 City: Longview, Tx
3-13 -------------------------------------------------------------------
3-14 Name: Bob Obenhaus x
3-15 Representing: MTI
3-16 City: Houston
3-17 -------------------------------------------------------------------
3-18 Name: Scot Wilson x
3-19 Representing: Driving School Assn.
3-20 City: Amarillo
3-21 -------------------------------------------------------------------
3-22 Name: Pat Hanks x
3-23 Representing: Association of Lex. Prof. Ed.
3-24 City: Austin
3-25 -------------------------------------------------------------------
3-26 Name: Don W. Brown x
3-27 Representing: Texas Higher Education
3-28 City: Austin
3-29 -------------------------------------------------------------------
3-30 Name: Carrie Nelson x
3-31 Representing: Tx. Higher Ed. Coord. Board
3-32 City: Austin
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