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.