1-1  By:  Kamel, et al. (Senate Sponsor - Ratliff)         H.B. No. 2187
    1-2        (In the Senate - Received from the House May 11, 1995;
    1-3  May 12, 1995, read first time and referred to Committee on
    1-4  Education; May 17, 1995, reported favorably by the following vote:
    1-5  Yeas 9, Nays 0; May 17, 1995, sent to printer.)
    1-6                         A BILL TO BE ENTITLED
    1-7                                AN ACT
    1-8  relating to coordination between The University of Texas at Tyler
    1-9  and other institutions of higher education.
   1-10        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-11        SECTION 1.  Section 76.02, Education Code, is amended to read
   1-12  as follows:
   1-13        Sec. 76.02.  ROLE AND SCOPE.  (a)  Except as otherwise
   1-14  provided in this section, the <The> institution shall offer junior
   1-15  and senior undergraduate programs and graduate programs, both of
   1-16  which are subject to the authority of the Coordinating Board, Texas
   1-17  College and University System.
   1-18        (b)  If the Texas Higher Education Coordinating Board
   1-19  approves an engineering degree program at the institution, the
   1-20  institution may offer lower division courses relating to that
   1-21  program if such courses are offered as part of a partnership
   1-22  agreement entered into under Subchapter N, Chapter 51 of this code.
   1-23        SECTION 2.  Section 76.05, Education Code, is amended to read
   1-24  as follows:
   1-25        Sec. 76.05.  GIFTS AND GRANTS.  (a)  The board may accept
   1-26  donations, gifts, and endowments for the institution. They are to
   1-27  be held in trust and administered by the board according to the
   1-28  purposes, directions, limitations, and provisions declared in
   1-29  writing in the donation, gift, or endowment.  The provisions of the
   1-30  donation, gift, or endowment shall be followed to the extent that
   1-31  they are not inconsistent with the laws of this state or with the
   1-32  objective and proper management of the institution.
   1-33        (b)  The board shall solicit and may accept donations, gifts,
   1-34  and endowments from private sources to provide equipment and other
   1-35  personal property for the engineering degree program, if one is
   1-36  established.  The board shall establish an account for the deposit
   1-37  of money accepted under this subsection.  Money in the account may
   1-38  be used only to provide and maintain equipment and other personal
   1-39  property used by the engineering degree program.
   1-40        SECTION 3.  Chapter 76, Education Code, is amended by adding
   1-41  Section 76.07 to read as follows:
   1-42        Sec. 76.07.  PARTNERSHIPS WITH JUNIOR COLLEGES AND OTHER
   1-43  INSTITUTIONS.  (a)  The institution shall seek to build and expand
   1-44  partnership agreements authorized by Subchapter N, Chapter 51 of
   1-45  this code.  With the approval of the Texas Higher Education
   1-46  Coordinating Board, the institution may enter into a partnership
   1-47  agreement with a private institution of higher education located in
   1-48  the same county as any campus of the institution, subject to the
   1-49  same provisions as provided by Subchapter N, Chapter 51, for a
   1-50  partnership agreement between the institution and a public junior
   1-51  college.
   1-52        (b)  In developing programs and courses subject to a
   1-53  partnership agreement, the institution and any other party to an
   1-54  agreement shall take into account the need in the service region to
   1-55  recruit minority and lower-income students into degree-granting
   1-56  programs of institutions of higher education.
   1-57        (c)  In deciding whether the institution may offer any lower
   1-58  division courses pursuant to Section 76.02 of this code, the
   1-59  institution and any other party to a partnership agreement shall
   1-60  take into account, in addition to any other relevant factors, the
   1-61  cost-effectiveness and other impact such courses will have on
   1-62  students likely to enroll in the courses as well as any impact such
   1-63  courses will have on the community as a whole.
   1-64        (d)  If the institution offers lower division courses, the
   1-65  Texas Higher Education Coordinating Board shall adopt a formula
   1-66  pursuant to its duties and powers under this code that applies the
   1-67  formula for four-year general academic teaching institutions to all
   1-68  lower division semester credit hours offered at the institution in
    2-1  addition to any other formula funding that the institution might be
    2-2  entitled to receive for upper division credit hours that it offers.
    2-3        (e)  A nonresident student who is simultaneously enrolled in
    2-4  the institution and another public institution of higher education
    2-5  under a program offered jointly by the two institutions under a
    2-6  partnership agreement and who pays the fees and charges required of
    2-7  Texas residents at one of the institutions as provided by Section
    2-8  54.064 because the student holds a competitive scholarship is
    2-9  entitled to pay the fees and charges required of Texas residents at
   2-10  each public institution of higher education in which the student is
   2-11  simultaneously enrolled under the program.
   2-12        (f)  The institution and other parties to a partnership
   2-13  agreement may contract with any person to provide shuttle bus
   2-14  service or other transportation service for or among the campuses
   2-15  of the institutions that are parties to the agreement and may
   2-16  charge and collect a fee from students registered in courses at the
   2-17  campuses of two or more of the institutions in the same semester or
   2-18  term in an amount determined by the institutions to pay for all or
   2-19  part of the costs of that service.
   2-20        SECTION 4.  The importance of this legislation and the
   2-21  crowded condition of the calendars in both houses create an
   2-22  emergency and an imperative public necessity that the
   2-23  constitutional rule requiring bills to be read on three several
   2-24  days in each house be suspended, and this rule is hereby suspended,
   2-25  and that this Act take effect and be in force from and after its
   2-26  passage, and it is so enacted.
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