BILL ANALYSIS C.S.H.B. 85 By: Hunter, T. 03-07-95 Committee Report (Substituted) BACKGROUND In 1987, the 70th Texas Legislature mandated that the Texas Higher Education Coordinating Board "develop a statewide telecommunications network among institutions of higher education for integrated teaching and data transmission and computation". Many of Texas higher education institutions are using video, computer, two-way interactive video and other technological advances to offer courses and programs to other parts of the state. At present, institutions use 16 different telecommunications networks. In the Spring of 1994, the Texas Higher Education Coordinating Board staff surveyed the state's 116 publicly supported higher education institutions. During 1993-94, approximately 50,000 students enrolled in almost 700 courses offered via instructional telecommunications for academic credit. In 1994, the House Appropriations Committee's Subcommittee on Education and Health and Human Services charged the Texas Higher Education Coordinating Board to study and make recommendations for taking full advantage of telecommunications and other electronic technologies in medical and health education. Due to the fast-paced nature of the changes in the field of technology, there are numerous policy questions that each institution and the Texas Higher Education Coordinating Board needs to address. PURPOSE H.B. 85, as substituted would require the Texas Higher Education Coordinating Board to develop a comprehensive master plan regarding distance learning and other applications of instructional electronic technology for institutions of higher education. The plan would include recommendations for coordination of statewide resources, infrastructure development, training, funding and fee issues, public utility regulatory policies, and statutory or regulatory changes. The bill also would require an advisory committee comprised of representatives of institutions of higher education and experts in distance learning, including school administrators and faculty and lay persons. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Chapter 61 C, Education Code, by adding Section 61.0771 to read as follows: Sec. 61.0771. DISTANCE LEARNING MASTER PLAN. (a) Authorizes the Texas Higher Education Coordinating Board (the board) to develop a distance learning master plan in cooperation with Texas' institutions of higher education. The plan is required to include recommendations for: (1) the coordination and integration of distance learning and related telecommunications activities among colleges and universities and other public or private entities; (2) the development and acquisition of distance learning infrastructure and equipment within and among institutions of higher education; (3) the establishment of uniform or compatible standards and technologies for distance learning; (4) the training of faculty and staff in the use and operation of distance learning facilities; (5) appropriate applications of distance learning; (6) funding for implementing and administering distance learning, and the development of appropriate fees for services offered through distance learning; (7) revising regulatory policy related to public utilities to facilitate distance learning; and (8) any statutory or regulatory changes desirable to promote distance learning or to implement the master plan. (b) The board may include in the plan any related recommendation it considers appropriate, including recommendations for coordination of distance learning with other telecommunication activities and services conducted by government agencies or private entities. (c) The board shall create an advisory committee consisting of experts in distance learning. (d) The advisory committee may request the cooperation of the Central Education Agency, Department of Information Resources, or General Services Commission in preparing the master plan. (e) The board is required to complete the master plan and present it to the Legislature by December 31, 1996. SECTION 2. Emergency clause. Effective date: upon passage. COMPARISON OF ORIGINAL TO SUBSTITUTE H.B. 85 is identical to H.B. 85, as substituted, except for the following changes made to the substitute: H.B. 85, as substituted, (page 1, line 7) amends Chapter 61 C, Education Code, by adding section 61.0771 instead of section 61.075 in H.B. 85. In Subsection (a), (page 1, line 10), the substitute requires that the master plan include for the development of "other applications of instructional electronic technology." In Subsection (a) (1), (page 1, line 16-18), the substitute requires that the recommendations for coordinating and integrating distance learning also include the "effectiveness" of the services and identify the cost of the activities. In Subsection (a) (2), (page 1, line 23 and 24), the substitute requires that the recommendation for the development and acquisition of infrastructure and equipment be "consistent with the mission of those institutions and the recipients of their services." In Subsection (a) (5), (page 2, line 5), the substitute requires that the recommendation for the appropriate applications of distance learning, includes the identification of the needs of the student population to be served. In Subsection (a) (6), (page 2, line 8), the substitute is revised to include policy issues for funding the implementation and administration of distance learning, "including interinstitutional fund transfers among institutions providing and receiving distance learning services and formula funding allocations and recommendations. The Subsection (c), (page 2, line 23), the substitute clarifies and expands the membership of the advisory committee that will develop the master plan. In Subsection (e), (page 3, line 12), the substitute replaces the word "approve" instead of "complete" which is in H.B. 85. In addition, the substitute replaces the term "not later than" for "by" which clarifies when the plan is due. The substitute defines the plan to include not just distance learning but "other instructional technology." SUMMARY OF COMMITTEE ACTION H.B. 85 was considered by the committee in a public hearing on March 14, 1995. The committee considered a complete substitute for the bill. The substitute was adopted without objection by a non-record vote. The following persons testified in support of the bill: Dr. Charles Zucker, Texas Faculty Association; and Mr. J. William Wenrich, College Administrator, Dallas County Community Colleges. The bill was reported favorably as substituted, with the recommendation that it do pass and be printed, by a record vote of 8 ayes, 0 nays, 0 pnv, 1 absent.