MMA S.B. 961 75(R)BILL ANALYSIS


HIGHER EDUCATION
S.B. 961
By: Ratliff (Cuellar)
5-14-97
Committee Report (Unamended)



BACKGROUND 

Currently, most doctoral programs require about 60 semester credit hours
(SCH) beyond the masters degree; however, some students accumulate more
than the required number of SCH. 

PURPOSE

S.B. 961 limits to 100 SCH the number of hours eligible for state formula
funding for doctoral students.  

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 54.066, Education Code, to read as follows:
 Sec. 54.066.  TUITION RATES FOR CERTAIN DOCTORAL STUDENTS.  Authorizes
the governing board of an institution of higher education to charge
tuition to a resident doctoral student who has more semester credit hours
(SCH) of doctoral work than allowed for purposes of state funding for the
current state fiscal biennium. States that tuition charged at the rate
provided by this section must be accounted for as if collected under Sec.
54.008. 

SECTION 2. Amends Section 61.059(l), Education Code, to read as follows:
 (l)(1)  Prohibits the Texas Higher Education Coordinating Board (THECB)
from including in any formula under this section, funding based on the
number of doctoral students who have 100, rather than 131, or more SCH of
doctoral work, except as provided by Subdivision (2). 
 (2)  Authorizes THECB to approve formula funding for an excess of 100
SCH, but not to exceed 130 SCH, for a doctoral student, notwithstanding
Subdivision (1), if the institution: 
  (A)  provides THECB with substantial evidence that the particular field
of study in which the student is enrolled requires a higher number of SCH
to maintain nationally competitive standards; 
  (B)  provides THECB with evidence that the student's program or research
is likely to provide substantial benefit to medical or scientific
advancement and that it requires the additional SCH; or 
  (C)  provides THECB with other compelling academic reasons that support
the finding of an exception. 
 (3)  Requires THECB to report to the Legislative Budget Board, as part of
its report on formula funding recommendations, a listing of exceptions
approved under Subdivision (2) and associated costs in formula-based
funding. 

SECTION 3. (a)  Provides that the change in law made by SECTION 1 of this
Act applies beginning with the 1997 fall semester.  Provides that, for the
1997-1998 and 1998-1999 academic years, the number of SCH in excess be set
at 131 for which Section 54.066, Education  Code, allows an institution to
charge tuition at the nonresident rate. 
(b) Provides that Section 61.059(l), Education Code, applies only to
formulas established under that section for fiscal years that begin on or
after September 1, 1999. 
 (c)  Prohibits that savings resulting from Section 61.059(l) serve as a
basis for reducing the amount of the total general revenue available for
funding any formula on a basis other than that prohibited by Section
61.059(l). 

SECTION 4. Emergency clause.