1-1                                   AN ACT

 1-2     relating to The University of Texas at Tyler.

 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-4           SECTION 1.  Section 76.02, Education Code, is amended to read

 1-5     as follows:

 1-6           Sec. 76.02.  ROLE AND SCOPE.  (a)  The [Except as otherwise

 1-7     provided in this section, the] institution shall offer [junior and

 1-8     senior] undergraduate programs and graduate programs, both of which

 1-9     are subject to the authority of the Texas Higher Education

1-10     Coordinating Board[, Texas College and University System].

1-11           (b)  The institution may not offer a lower division course

1-12     off the campus of the institution until the fall semester of 2001.

1-13           (c)  If the Texas Higher Education Coordinating Board

1-14     approves an engineering degree program at the institution, the

1-15     institution may offer lower division courses relating to that

1-16     program [if such courses are offered as part of a partnership

1-17     agreement entered into under Subchapter N, Chapter 51 of this

1-18     code].  The enrollment limits provided by Section 76.026 do not

1-19     apply to that program.

1-20           SECTION 2.  Chapter 76, Education Code, is amended by adding

1-21     Sections 76.025 and 76.026 to read as follows:

1-22           Sec. 76.025.  UNIVERSITY ADMISSIONS.  (a)  The institution

1-23     may not adopt or use an open enrollment policy.

1-24           (b)  The board shall adopt admission standards for the

 2-1     institution for first-time freshman students that are at least as

 2-2     stringent as the 1997 fall semester admission standards for

 2-3     first-time freshman students at The University of Texas at

 2-4     Arlington.

 2-5           (c)  The board must comply with Subsection (b) not later than

 2-6     January 1, 2000.  This subsection expires January 1, 2001.

 2-7           Sec. 76.026.  ENROLLMENT LIMITS.  (a)  The maximum number of

 2-8     full-time equivalent freshman and sophomore students who may be

 2-9     enrolled at The University of Texas at Tyler is:

2-10                 (1)  50 for the 1998 summer session and 1998-1999

2-11     academic year;

2-12                 (2)  100 for the 1999 summer session and 1999-2000

2-13     academic year;

2-14                 (3)  150 for the 2000 summer session and 2000-2001

2-15     academic year; and

2-16                 (4)  200 for the 2001 summer session and 2001-2002

2-17     academic year.

2-18           (b)  The institution may not admit a student as a freshman

2-19     before the 1998 summer session.

2-20           (c)  This section expires January 1, 2003.

2-21           SECTION 3.  Section 76.07, Education Code, is amended to read

2-22     as follows:

2-23           Sec. 76.07. PARTNERSHIPS WITH JUNIOR COLLEGES AND OTHER

2-24     INSTITUTIONS.  (a) The institution shall seek to build and expand

2-25     partnership agreements in the same manner as authorized by

2-26     Subchapter N, Chapter 51 [of this code].  With the approval of the

2-27     Texas Higher Education Coordinating Board, the institution may

 3-1     enter into a partnership agreement with a private institution of

 3-2     higher education located in the same county as any campus of the

 3-3     institution, subject to the same provisions as provided by

 3-4     Subchapter N, Chapter 51, for a partnership agreement between an

 3-5     [the] institution covered by that section and a public junior

 3-6     college.

 3-7           (b)  In developing programs and courses subject to a

 3-8     partnership agreement, the institution and any other party to an

 3-9     agreement shall take into account the need in the service region to

3-10     recruit minority and lower-income students into degree-granting

3-11     programs of institutions of higher education.

3-12           (c)  [In deciding whether the institution may offer any lower

3-13     division courses pursuant to Section 76.02 of this code, the

3-14     institution and any other party to a partnership agreement shall

3-15     take into account, in addition to any other relevant factors, the

3-16     cost-effectiveness and other impact such courses will have on

3-17     students likely to enroll in the courses as well as any impact such

3-18     courses will have on the community as a whole.]

3-19           [(d)  If the institution offers lower division courses, the

3-20     Texas Higher Education Coordinating Board shall adopt a formula

3-21     pursuant to its duties and powers under this code that applies the

3-22     formula for four-year general academic teaching institutions to all

3-23     lower division semester credit hours offered at the institution in

3-24     addition to any other formula funding that the institution might be

3-25     entitled to receive for upper division credit hours that it offers.]

3-26           [(e)]  A nonresident student who is simultaneously enrolled

3-27     in the institution and another public institution of higher

 4-1     education under a program offered jointly by the two institutions

 4-2     under a partnership agreement and who pays the fees and charges

 4-3     required of Texas residents at one of the institutions as provided

 4-4     by Section 54.064 because the student holds a competitive

 4-5     scholarship is entitled to pay the fees and charges required of

 4-6     Texas residents at each public institution of higher education in

 4-7     which the student is simultaneously enrolled under the program.

 4-8           (d) [(f)]  The institution and other parties to a partnership

 4-9     agreement may contract with any person to provide shuttle bus

4-10     service or other transportation service for or among the campuses

4-11     of the institutions that are parties to the agreement and may

4-12     charge and collect a fee from students registered in courses at the

4-13     campuses of two or more of the institutions in the same semester or

4-14     term in an amount determined by the institutions to pay for all or

4-15     part of the costs of that service.

4-16           SECTION 4.  Not later than December 31, 1998, the Texas

4-17     Higher Education Coordinating Board shall prepare an impact

4-18     statement examining the initial implementation of this Act and

4-19     shall deliver a copy of the statement to the board of regents of

4-20     The University of Texas System, to the board of trustees of Tyler

4-21     Junior College District, and to the chair of the standing committee

4-22     of each house of the legislature with primary jurisdiction over

4-23     higher education.

4-24           SECTION 5.  The importance of this legislation and the

4-25     crowded condition of the calendars in both houses create an

4-26     emergency and an imperative public necessity that the

4-27     constitutional rule requiring bills to be read on three several

 5-1     days in each house be suspended, and this rule is hereby suspended,

 5-2     and that this Act take effect and be in force from and after its

 5-3     passage, and it is so enacted.

         _______________________________     _______________________________

             President of the Senate              Speaker of the House

               I certify that H.B. No. 1795 was passed by the House on May

         2, 1997, by a non-record vote.

                                             _______________________________

                                                 Chief Clerk of the House

               I certify that H.B. No. 1795 was passed by the Senate on May

         13, 1997, by the following vote:  Yeas 28, Nays 1.

                                             _______________________________

                                                 Secretary of the Senate

         APPROVED:  _____________________

                            Date

                    _____________________

                          Governor