1-1     By:  Ratliff, Cain                                     S.B. No. 840

 1-2           (In the Senate - Filed February 27, 1997; March 4, 1997, read

 1-3     first time and referred to Committee on Finance; April 18, 1997,

 1-4     reported adversely, with favorable Committee Substitute by the

 1-5     following vote:  Yeas 12, Nays 0; April 18, 1997, sent to printer.)

 1-6     COMMITTEE SUBSTITUTE FOR S.B. No. 840                  By:  Ratliff

 1-7                            A BILL TO BE ENTITLED

 1-8                                   AN ACT

 1-9     relating to The University of Texas at Tyler.

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)  The [Except as otherwise

1-14     provided in this section, the] institution shall offer [junior and

1-15     senior] undergraduate programs and graduate programs, both of which

1-16     are subject to the authority of the Texas Higher Education

1-17     Coordinating Board[, Texas College and University System].

1-18           (b)  The institution may not offer a lower division course

1-19     off the campus of the institution until the fall semester of 2001.

1-20           (c)  If the Texas Higher Education Coordinating Board

1-21     approves an engineering degree program at the institution, the

1-22     institution may offer lower division courses relating to that

1-23     program [if such courses are offered as part of a partnership

1-24     agreement entered into under Subchapter N, Chapter 51 of this

1-25     code].  The enrollment limits provided by Section 76.026 do not

1-26     apply to that program.

1-27           SECTION 2.  Chapter 76, Education Code, is amended by adding

1-28     Sections 76.025 and 76.026 to read as follows:

1-29           Sec. 76.025.  UNIVERSITY ADMISSIONS.  (a)  The institution

1-30     may not adopt or use an open enrollment policy.

1-31           (b)  The board shall adopt admission standards for the

1-32     institution for first-time freshman students that are at least as

1-33     stringent as the 1997 fall semester admission standards for

1-34     first-time freshman students at The University of Texas at

1-35     Arlington.

1-36           (c)  The board must comply with Subsection (b) not later than

1-37     January 1, 2000.  This subsection expires January 1, 2001.

1-38           Sec. 76.026.  ENROLLMENT LIMITS.  (a)  The maximum number of

1-39     full-time equivalent freshman and sophomore students who may be

1-40     enrolled at The University of Texas at Tyler is:

1-41                 (1)  50 for the 1998 summer session and 1998-1999

1-42     academic year;

1-43                 (2)  100 for the 1999 summer session and 1999-2000

1-44     academic year;

1-45                 (3)  150 for the 2000 summer session and 2000-2001

1-46     academic year; and

1-47                 (4)  200 for the 2001 summer session and 2001-2002

1-48     academic year.

1-49           (b)  The institution may not admit a student as a freshman

1-50     before the 1998 summer session.

1-51           (c)  This section expires January 1, 2003.

1-52           SECTION 3.  Section 76.07, Education Code, is amended to read

1-53     as follows:

1-54           Sec. 76.07. PARTNERSHIPS WITH JUNIOR COLLEGES AND OTHER

1-55     INSTITUTIONS.  (a) The institution shall seek to build and expand

1-56     partnership agreements in the same manner as authorized by

1-57     Subchapter N, Chapter 51 [of this code].  With the approval of the

1-58     Texas Higher Education Coordinating Board, the institution may

1-59     enter into a partnership agreement with a private institution of

1-60     higher education located in the same county as any campus of the

1-61     institution, subject to the same provisions as provided by

1-62     Subchapter N, Chapter 51, for a partnership agreement between an

1-63     [the] institution covered by that section and a public junior

1-64     college.

 2-1           (b)  In developing programs and courses subject to a

 2-2     partnership agreement, the institution and any other party to an

 2-3     agreement shall take into account the need in the service region to

 2-4     recruit minority and lower-income students into degree-granting

 2-5     programs of institutions of higher education.

 2-6           (c)  [In deciding whether the institution may offer any lower

 2-7     division courses pursuant to Section 76.02 of this code, the

 2-8     institution and any other party to a partnership agreement shall

 2-9     take into account, in addition to any other relevant factors, the

2-10     cost-effectiveness and other impact such courses will have on

2-11     students likely to enroll in the courses as well as any impact such

2-12     courses will have on the community as a whole.]

2-13           [(d)  If the institution offers lower division courses, the

2-14     Texas Higher Education Coordinating Board shall adopt a formula

2-15     pursuant to its duties and powers under this code that applies the

2-16     formula for four-year general academic teaching institutions to all

2-17     lower division semester credit hours offered at the institution in

2-18     addition to any other formula funding that the institution might be

2-19     entitled to receive for upper division credit hours that it offers.]

2-20           [(e)]  A nonresident student who is simultaneously enrolled

2-21     in the institution and another public institution of higher

2-22     education under a program offered jointly by the two institutions

2-23     under a partnership agreement and who pays the fees and charges

2-24     required of Texas residents at one of the institutions as provided

2-25     by Section 54.064 because the student holds a competitive

2-26     scholarship is entitled to pay the fees and charges required of

2-27     Texas residents at each public institution of higher education in

2-28     which the student is simultaneously enrolled under the program.

2-29           (d) [(f)]  The institution and other parties to a partnership

2-30     agreement may contract with any person to provide shuttle bus

2-31     service or other transportation service for or among the campuses

2-32     of the institutions that are parties to the agreement and may

2-33     charge and collect a fee from students registered in courses at the

2-34     campuses of two or more of the institutions in the same semester or

2-35     term in an amount determined by the institutions to pay for all or

2-36     part of the costs of that service.

2-37           SECTION 4.  Not later than May 31, 1998, the Texas Higher

2-38     Education Coordinating Board shall prepare a nonbinding impact

2-39     statement examining the initial implementation of this Act and

2-40     shall deliver a copy of the statement to the board of regents of

2-41     The University of Texas System, to the board of trustees of Tyler

2-42     Junior College District, and to the chair of the standing committee

2-43     of each house of the legislature with primary jurisdiction over

2-44     higher education.

2-45           SECTION 5.  The importance of this legislation and the

2-46     crowded condition of the calendars in both houses create an

2-47     emergency and an imperative public necessity that the

2-48     constitutional rule requiring bills to be read on three several

2-49     days in each house be suspended, and this rule is hereby suspended,

2-50     and that this Act take effect and be in force from and after its

2-51     passage, and it is so enacted.

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