By Rangel                                             H.B. No. 1685
         77R830 KEL-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to a partnership or affiliation between certain entities
 1-3     and a general academic teaching institution or a medical and dental
 1-4     unit.
 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-6           SECTION 1.  Section 61.055, Education Code, is amended to
 1-7     read as follows:
 1-8           Sec. 61.055.  INITIATION OF NEW DEPARTMENTS, SCHOOLS, AND
 1-9     PROGRAMS; PARTNERSHIPS OR AFFILIATIONS.  (a)  Except as otherwise
1-10     provided by law, a new department, school, or degree or certificate
1-11     program approved by the board or its predecessor, the Texas
1-12     Commission on Higher Education, may not be initiated by any
1-13     institution of higher education until the board has made a written
1-14     finding that the department, school, or degree or certificate
1-15     program is adequately financed by legislative appropriation, by
1-16     funds allocated by the board, or by funds from other sources.
1-17           (b)  A governing board may not establish a partnership or
1-18     affiliation between a general academic teaching institution or
1-19     medical and dental unit within the governing board's control and
1-20     any other entity to offer or conduct courses for academic credit or
1-21     to offer or operate a degree program unless:
1-22                 (1)  the governing board determines that the
1-23     partnership or affiliation is:
1-24                       (A)  consistent with the role and mission
 2-1     established for the institution or unit;
 2-2                       (B)  in accordance with the degree and
 2-3     certificate programs authorized to be offered by the institution or
 2-4     unit; and
 2-5                       (C)  consistent with the role and mission of the
 2-6     university system, if any, to which the institution or unit
 2-7     belongs; and
 2-8                 (2)  the partnership or affiliation is evaluated by the
 2-9     coordinating board as described by Subsection (c) and approved by
2-10     an act of the legislature.
2-11           (c)  The coordinating board shall review, using the standards
2-12     provided by Subsection (b)(1), a proposed partnership or
2-13     affiliation described by that subsection and shall submit to the
2-14     legislature a written recommendation regarding the establishment of
2-15     the partnership or affiliation.
2-16           SECTION 2.  This Act does not affect a partnership or
2-17     affiliation established before the effective date of this Act.
2-18           SECTION 3.  This Act takes effect immediately if it receives
2-19     a vote of two-thirds of all the members elected to each house, as
2-20     provided by Section 39, Article III, Texas Constitution.  If this
2-21     Act does not receive the vote necessary for immediate effect, this
2-22     Act takes effect September 1, 2001.