75R10217 JSA-D                           

         By Kamel                                              H.B. No. 1795

         Substitute the following for H.B. No. 1795:

         By Kamel                                          C.S.H.B. No. 1795

                                A BILL TO BE ENTITLED

 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     [If the Texas Higher Education Coordinating Board approves an

1-14     engineering degree program at the institution, the institution may

1-15     offer lower division courses relating to that program if such

1-16     courses are offered as part of a partnership agreement entered into

1-17     under Subchapter N, Chapter 51 of this code].

1-18           SECTION 2.  Chapter 76, Education Code, is amended by adding

1-19     Sections 76.025 and 76.026 to read as follows:

1-20           Sec. 76.025.  UNIVERSITY ADMISSIONS.  (a)  The institution

1-21     may not adopt or use an open enrollment policy.

1-22           (b)  The board shall adopt admission standards for the

1-23     institution for first-time freshman students that are at least as

1-24     stringent as the 1997 fall semester admission standards for

 2-1     first-time freshman students at The University of Texas at

 2-2     Arlington.

 2-3           (c)  The board must comply with Subsection (b) not later than

 2-4     January 1, 2000.  This subsection expires January 1, 2001.

 2-5           Sec. 76.026.  ENROLLMENT LIMITS.  (a)  The maximum number of

 2-6     full-time equivalent freshman and sophomore students who may be

 2-7     enrolled at The University of Texas at Tyler is:

 2-8                 (1)  50 for the 1998 summer session and 1998-1999

 2-9     academic year;

2-10                 (2)  100 for the 1999 summer session and 1999-2000

2-11     academic year;

2-12                 (3)  150 for the 2000 summer session and 2000-2001

2-13     academic year; and

2-14                 (4)  200 for the 2001 summer session and 2001-2002

2-15     academic year.

2-16           (b)  The institution may not admit a student as a freshman or

2-17     sophomore before the 1998 summer session.

2-18           (c)  This section expires January 1, 2003.

2-19           SECTION 3.  Section 76.07, Education Code, is amended to read

2-20     as follows:

2-21           Sec. 76.07. PARTNERSHIPS WITH JUNIOR COLLEGES AND OTHER

2-22     INSTITUTIONS.  (a) The institution shall seek to build and expand

2-23     partnership agreements in the same manner as authorized by

2-24     Subchapter N, Chapter 51 [of this code].  With the approval of the

2-25     Texas Higher Education Coordinating Board, the institution may

2-26     enter into a partnership agreement with a private institution of

2-27     higher education located in the same county as any campus of the

 3-1     institution, subject to the same provisions as provided by

 3-2     Subchapter N, Chapter 51, for a partnership agreement between an

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

 3-4     college.

 3-5           (b)  In developing programs and courses subject to a

 3-6     partnership agreement, the institution and any other party to an

 3-7     agreement shall take into account the need in the service region to

 3-8     recruit minority and lower-income students into degree-granting

 3-9     programs of institutions of higher education.

3-10           (c)  [In deciding whether the institution may offer any lower

3-11     division courses pursuant to Section 76.02 of this code, the

3-12     institution and any other party to a partnership agreement shall

3-13     take into account, in addition to any other relevant factors, the

3-14     cost-effectiveness and other impact such courses will have on

3-15     students likely to enroll in the courses as well as any impact such

3-16     courses will have on the community as a whole.]

3-17           [(d)  If the institution offers lower division courses, the

3-18     Texas Higher Education Coordinating Board shall adopt a formula

3-19     pursuant to its duties and powers under this code that applies the

3-20     formula for four-year general academic teaching institutions to all

3-21     lower division semester credit hours offered at the institution in

3-22     addition to any other formula funding that the institution might be

3-23     entitled to receive for upper division credit hours that it offers.]

3-24           [(e)]  A nonresident student who is simultaneously enrolled

3-25     in the institution and another public institution of higher

3-26     education under a program offered jointly by the two institutions

3-27     under a partnership agreement and who pays the fees and charges

 4-1     required of Texas residents at one of the institutions as provided

 4-2     by Section 54.064 because the student holds a competitive

 4-3     scholarship is entitled to pay the fees and charges required of

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

 4-5     which the student is simultaneously enrolled under the program.

 4-6           (d) [(f)]  The institution and other parties to a partnership

 4-7     agreement may contract with any person to provide shuttle bus

 4-8     service or other transportation service for or among the campuses

 4-9     of the institutions that are parties to the agreement and may

4-10     charge and collect a fee from students registered in courses at the

4-11     campuses of two or more of the institutions in the same semester or

4-12     term in an amount determined by the institutions to pay for all or

4-13     part of the costs of that service.

4-14           SECTION 4.  Not later than May 31, 1998, the Texas Higher

4-15     Education Coordinating Board shall prepare a nonbinding impact

4-16     statement examining the initial implementation of this Act and

4-17     shall deliver a copy of the statement to the board of regents of

4-18     The University of Texas System, to the board of trustees of Tyler

4-19     Junior College District, and to the chair of the standing committee

4-20     of each house of the legislature with primary jurisdiction over

4-21     higher education.

4-22           SECTION 5.  The importance of this legislation and the

4-23     crowded condition of the calendars in both houses create an

4-24     emergency and an imperative public necessity that the

4-25     constitutional rule requiring bills to be read on three several

4-26     days in each house be suspended, and this rule is hereby suspended,

4-27     and that this Act take effect and be in force from and after its

 5-1     passage, and it is so enacted.