MMA S.B. 274 75(R)BILL ANALYSIS HIGHER EDUCATION S.B. 274 By: Lucio (Oliveira) 4-19-97 Committee Report (Amended) BACKGROUND Currently, the University of Texas at Brownsville (UTB), in a special partnership arrangement, leases school facilities from Texas Southmost College (TSC), a community college in Brownsville, and offers upper-level courses at both institutions exclusively. Both schools have experienced considerable growth, consequently classroom space is becoming limited. UTB is anticipated to eventually develop a separate campus. TSC would retain its bond indebtedness and control over the open admissions community college, while UTB would be expanded to a four-year institution to the community. PURPOSE S.B. 274 would authorize The University of Texas at Brownsville to offer lower-division courses. 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 Section 78.02, Education Code, to read as follows: Sec. 78.02. ESTABLISHMENT; SCOPE. (a) Requires the board of regents of the University of Texas System (board) to establish an institution of higher education in Brownsville, to be known as the University of Texas at Brownsville (UTB). (b) Requires the university to teach only junior-, senior-, and graduate-level courses except as provided by Subsections (c) and (d). (c) Makes a conforming name change from Texas Southmost College to Southmost Union Junior College District (SUJCD). Authorizes UTB to enter into a partnership agreement with SUJCD in the manner authorized by Subchapter N, Chapter 51, to offer a lower-division, occupational, or technical course not offered at the university. (d) Requires UTB to offer basic lower-division courses to support bachelor of arts and bachelor of science degree programs. Authorizes UTB to offer additional lower-division courses if SUJCD provides regular operational support for Texas Southmost College (TSC) and the partnership with UTB authorized by Subsection (c). SECTION 2. Amends Section 78.04, Education Code, to read as follows: Sec. 78.04. FACILITIES. Requires the board to make provisions for adequate physical facilities for use by the university, on land committed by the board of trustees of SUJCD on the TSC campus, subject to certain requirements. SECTION 3. Amends Chapter 78, Education Code, by adding Sections 78.07 and 78.08, to read as follows: Sec. 78.07. LOWER-DIVISION ADMISSIONS. Requires the board, in concurrence with the board of trustees of SUJCD, to determine the number of entering freshmen who may be enrolled at UTB each academic year. Prohibits the number of enrolled entering lowerdivision students from exceeding 900 in an academic year before the 2005-2006 academic year. Sec. 78.08. FORMULA FUNDING. Requires that a formula adopted by the Texas Higher Education Coordinating Board under Section 61.059 provide that the formula for upper-level general academic teaching institutions be applied to upper-division semester credit hours at the university for each state fiscal year before the state fiscal year ending August 31, 2006. SECTION 4. Emergency clause. EXPLANATION OF AMENDMENTS Committee amendment number 1 would insert language into SECTION 1, Subsection (d) to clarify that lower-division courses to be offered will be subject to the authority of the Texas Higher Education Coordinating Board (THECB). Deletes the word "entering" from page 2, line 16, thus making the 900 student limit inclusive of all lower-division students, not just entering students. The amendment would also add a new SECTION 4 to the measure which would require THECB to issue an impact statement examining the effects of implementing this Act and requires that a copy be provided to the board of regents of the University of Texas system, the board of trustees of SUJCD and the chairs of the House Higher Education Committee and the Senate Education Committee.