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S.B. No. 286
AN ACT
relating to the continuation and functions of the Texas Higher
Education Coordinating Board.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 61.0211, Education Code, is amended to
read as follows:
Sec. 61.0211. SUNSET PROVISION. The Texas Higher Education
Coordinating Board is subject to Chapter 325, Government Code
(Texas Sunset Act). Unless continued in existence as provided by
that chapter, the board is abolished and this chapter expires
September 1, 2015 [2003].
SECTION 2. Section 61.022, Education Code, is amended to
read as follows:
Sec. 61.022. MEMBERS OF BOARD; APPOINTMENT; TERMS OF
OFFICE. (a) The board shall consist of nine [18] members
appointed by the governor so as to provide representation from all
areas of the state with the advice and consent of the senate, and as
the constitution provides. Members of the board serve staggered
six-year terms. The terms of one-third of the members expire August
31 of each odd-numbered year [Of the initial appointments to the
board six shall be for terms which shall expire August 31, 1967, six
for terms which shall expire August 31, 1969, and six for terms
which shall expire on August 31, 1971, or at such time as their
successors are appointed and have qualified. Thereafter, the
governor shall appoint members for terms of six years. Members of
the Texas Commission on Higher Education are eligible for
appointment to the board].
(b) A board [No] member may not be employed professionally
for remuneration in the field of education during the member's
[his] term of office.
SECTION 3. Subsections (b) through (e), Section 61.0222,
Education Code, are amended to read as follows:
(b) A person may not be a member of the board and may not be a
board employee employed in a "bona fide executive, administrative,
or professional capacity," as that phrase is used for purposes of
establishing an exemption to the overtime provisions of the federal
Fair Labor Standards Act of 1938 (29 U.S.C. Section 201 et seq.),
and its subsequent amendments, if:
(1) the person is an officer, employee, or paid
consultant of a Texas trade association in the field of higher
education; or
(2) the person's spouse is an officer, manager, or paid
consultant of a Texas trade association in the field of higher
education [An officer, employee, or paid consultant of a Texas
trade association in the field of higher education may not be a
member or employee of the board if the person is compensated at or
above the amount prescribed by the General Appropriations Act for
step 1, salary group 17, of the position classification salary
schedule].
(c) [A person who is the spouse of an officer, manager, or
paid consultant of a Texas trade association in the field of higher
education may not be a board member and may not be a board employee
who is compensated at or above the amount prescribed by the General
Appropriations Act for step 1, salary group 17, of the position
classification salary schedule.
[(d)] A person may not be [serve as] a member of the board or
act as the general counsel to the board if the person is required to
register as a lobbyist under Chapter 305, Government Code, because
of the person's activities for compensation on behalf of a
profession related to the operation of the board.
(d) In [(e) For the purposes of] this section, "Texas
trade association" means a [Texas trade association is a
nonprofit,] cooperative[,] and voluntarily joined statewide
association of business or professional competitors in this state
designed to assist its members and its industry or profession in
dealing with mutual business or professional problems and in
promoting their common interest.
SECTION 4. Subsections (a) and (c), Section 61.0223,
Education Code, are amended to read as follows:
(a) It is a ground for removal from the board that [if] a
member:
(1) does not have at the time of taking office
[appointment] the qualifications required by Section 61.0222(a)
[of this code];
(2) does not maintain during service on the board the
qualifications required by Section 61.0222(a) [of this code];
(3) is ineligible for membership under [violates a
prohibition established by] Section 61.022 or 61.0222 [Section
61.0222(b), (c), or (d) of this code];
(4) cannot, because of illness or disability,
discharge the member's duties for a substantial part of the member's
term [for which the member is appointed because of illness or
disability]; or
(5) is absent from more than half of the regularly
scheduled board meetings that the member is eligible to attend
during a calendar year without an excuse approved [unless the
absence is excused] by a majority vote of the board.
(c) If the commissioner of higher education has knowledge
that a potential ground for removal exists, the commissioner shall
notify the presiding officer [chairman] of the board of the
potential ground. The presiding officer [chairman] shall then
notify the governor and the attorney general that a potential
ground for removal exists. If the potential ground for removal
involves the presiding officer, the commissioner shall notify the
next highest ranking officer of the board, who shall then notify the
governor and the attorney general that a potential ground for
removal exists.
SECTION 5. Subchapter B, Chapter 61, Education Code, is
amended by adding Section 61.0224 to read as follows:
Sec. 61.0224. TRAINING OF BOARD MEMBERS. (a) A person who
is appointed to and qualifies for office as a member of the board
may not vote, deliberate, or be counted as a member in attendance at
a meeting of the board until the person completes a training program
that complies with this section.
(b) The training program must provide the person with
information regarding:
(1) the legislation that created the board;
(2) the programs operated by the board;
(3) the role and functions of the board;
(4) the rules of the board, with an emphasis on the
rules that relate to disciplinary and investigatory authority;
(5) the current budget for the board;
(6) the results of the most recent formal audit of the
board;
(7) the requirements of:
(A) the open meetings law, Chapter 551,
Government Code;
(B) the public information law, Chapter 552,
Government Code;
(C) the administrative procedure law, Chapter
2001, Government Code; and
(D) other laws relating to public officials,
including conflict-of-interest laws; and
(8) any applicable ethics policies adopted by the
board or the Texas Ethics Commission.
(c) A person appointed to the board is entitled to
reimbursement, as provided by the General Appropriations Act, for
the travel expenses incurred in attending the training program
regardless of whether the attendance at the program occurs before
or after the person qualifies for office.
SECTION 6. Subsections (f) and (g), Section 61.028,
Education Code, are amended to read as follows:
(f) The commissioner or the commissioner's designee shall
prepare and maintain a written policy statement that implements [to
assure implementation of] a program of equal employment opportunity
to ensure that [under which] all personnel decisions [transactions]
are made without regard to race, color, disability [handicap], sex,
religion, age, or national origin. The policy statement must
include:
(1) personnel policies, including policies relating
to recruitment, evaluation, selection, [appointment,] training,
and promotion of personnel, that show the intent of the board to
avoid the unlawful employment practices described by Chapter 21,
Labor Code; and
(2) an [a comprehensive] analysis of the extent to
which the composition of the board's personnel is in accordance
with state and federal law and a description of reasonable methods
to achieve compliance with state and federal law [work force that
meets federal and state guidelines;
[(3) procedures by which a determination can be made
of significant underuse in the board's work force of all persons for
whom federal or state guidelines encourage a more equitable
balance; and
[(4) reasonable methods to appropriately address
those areas of significant underuse].
(g) The [A] policy statement [prepared under Subsection (f)
of this section] must:
(1) [cover an annual period,] be updated [at least]
annually;
(2) be reviewed by the state Commission on Human
Rights for compliance with Subsection (f)(1);[,] and
(3) be filed with the governor's office.
SECTION 7. Subchapter B, Chapter 61, Education Code, is
amended by adding Section 61.0281 to read as follows:
Sec. 61.0281. STATE EMPLOYEE INCENTIVE PROGRAM. The
commissioner of higher education or the commissioner's designee
shall provide to board employees information and training on the
benefits and methods of participation in the state employee
incentive program.
SECTION 8. Section 61.029, Education Code, is amended to
read as follows:
Sec. 61.029. INTERNAL AUDITOR. (a) The board
[commissioner of higher education] shall appoint an internal
auditor for the board. [The appointment of an internal auditor must
be approved by the board.]
(b) The internal auditor shall report directly to the board
on all matters, other than administrative matters, that require the
decision of the commissioner of higher education. [The board by
rule may require the internal auditor to submit certain reports
directly to the board.]
(c) The commissioner of higher education shall advise the
board regarding:
(1) the termination or discipline of the internal
auditor; and
(2) the transfer or reclassification of, or other
changes in, the powers or duties of the internal auditor. [A
committee of the board whose primary function is to oversee the
administration of the board shall meet with the internal auditor at
least as frequently as quarterly.]
(d) The internal auditor shall develop an annual audit plan,
conduct audits as specified in the audit plan, and fulfill the other
duties required by Chapter 2102, Government Code [auditor's duties
include:
[(1) the review and appraisal of the accounting,
financial, and operating activities of the board, including its
internal information management; and
[(2) appraisal of the board's effectiveness in meeting
its statutory duties].
(e) The internal auditor shall review all audit reports with
the board and the commissioner of higher education.
SECTION 9. Section 61.031, Education Code, is amended to
read as follows:
Sec. 61.031. PUBLIC INTEREST INFORMATION AND COMPLAINTS.
(a) The board shall maintain a file on each written complaint
filed with the board. The file must include:
(1) the name of the person who filed the complaint;
(2) the date the complaint is received by the board;
(3) the subject matter of the complaint;
(4) the name of each person contacted in relation to
the complaint;
(5) a summary of the results of the review or
investigation of the complaint; and
(6) an explanation of the reason the file was closed,
if the board closed the file without taking action other than to
investigate the complaint [prepare information of public interest
describing the functions of the board and the board's procedures by
which complaints are filed with and resolved by the board. The
board shall make the information available to the public and
appropriate state agencies].
(b) The board shall provide to the person filing the
complaint and to each person who is a subject of the complaint a
copy of the board's policies and procedures relating to complaint
investigation and resolution [keep an information file about each
complaint filed with the board that the board has authority to
resolve].
(c) The [If a written complaint is filed with the board that
the board has authority to resolve, the] board, at least quarterly
[and] until final disposition of the complaint, shall notify the
person filing [parties to] the complaint and each person who is a
subject of the complaint of the status of the investigation
[complaint] unless the notice would jeopardize an undercover
investigation.
SECTION 10. Subchapter B, Chapter 61, Education Code, is
amended by adding Section 61.033 to read as follows:
Sec. 61.033. NEGOTIATED RULEMAKING; ALTERNATIVE DISPUTE
RESOLUTION. (a) The board shall develop and implement a policy to
encourage the use of:
(1) negotiated rulemaking procedures under Chapter
2008, Government Code, for the adoption of board rules; and
(2) appropriate alternative dispute resolution
procedures under Chapter 2009, Government Code, to assist in the
resolution of internal and external disputes under the board's
jurisdiction.
(b) The board's procedures relating to alternative dispute
resolution must conform, to the extent possible, to any model
guidelines issued by the State Office of Administrative Hearings
for the use of alternative dispute resolution by state agencies.
(c) The board shall designate a trained person to:
(1) coordinate the implementation of the policy
adopted under Subsection (a);
(2) serve as a resource for any training needed to
implement the procedures for negotiated rulemaking or alternative
dispute resolution; and
(3) collect data concerning the effectiveness of those
procedures, as implemented by the board.
SECTION 11. Subchapter B, Chapter 61, Education Code, is
amended by adding Section 61.034 to read as follows:
Sec. 61.034. EFFECTIVE USE OF TECHNOLOGY. The board shall
develop and implement a policy that requires the commissioner of
higher education and the staff of the board to research and propose
appropriate technological solutions to improve the ability of the
agency to perform its mission. The technological solutions must
include measures to ensure that the public is able to easily find
information about the board through the Internet and that persons
who have a reason to use the board's services are able to use the
Internet to interact with the board and to access any services that
can be provided effectively through the Internet. The policy shall
also ensure that proposed technological solutions are
cost-effective and developed through the board's planning
processes.
SECTION 12. Section 61.051, Education Code, is amended by
amending Subsections (a), (j), and (m) and adding Subsections
(a-1), (a-2), and (a-3) to read as follows:
(a) The board shall represent the highest authority in the
state in matters of public higher education and is charged with the
duty to take an active part in promoting quality education in the
various regions of the state. The board shall be responsible for
assuring that there is no discrimination in the distribution of
programs and resources throughout the state on the basis of race,
national origin, or sex.
(a-1) The board shall develop a five-year master plan for
higher education in this state [and update the plan annually]. The
five-year plan shall take into account the resources of private
institutions of higher education in this state.
(a-2) The board shall periodically review and revise the
five-year master plan developed under Subsection (a-1). As a
specific element of its review, the board shall identify and
analyze the degree to which the plan reflects the continuing higher
education needs of this state, as well as any policy changes
necessary to improve overall implementation of the plan and the
fiscal impact of those changes. The board shall establish
procedures for monitoring the board's implementation of the plan,
including an analysis of the degree to which its current activities
support implementation of the plan and any change in board rules or
practices necessary to improve implementation of the plan. The
board shall identify additional strategies necessary to achieve the
goals of the plan, emphasizing implementation by institutions of
higher education and specific recommendations for the different
regions of the state. The board shall notify each institution of
higher education of all strategies for implementing the plan.
(a-3) The board shall[:
[(1)] inform the legislature on matters pertaining to
higher education, including the state's activities in the Board of
Control for Southern Regional Education,[;] and shall
[(2)] report to the legislature not later than [in]
January 1 of each odd-numbered year on the state of higher education
in Texas. In the biennial report, the board shall assess the
state's progress in meeting the goals stated in the plan developed
under Subsection (a-1) and shall recommend legislative action to
assist the state in meeting those goals. The report must include
the analyses performed in connection with the board's periodic
review under Subsection (a-2).
(j) No off-campus courses for credit may be offered by any
public technical institute, public community college, or public
college or university without specific prior approval of the board.
However, any of those institutions may offer a distance learning
course approved by the board with no in-state geographic
restrictions if the course is within the approved curriculum of the
institution. To facilitate the delivery of courses by distance
learning and to improve access to those courses, the board shall
encourage collaborative efforts to make the benefits of computer
access to educational opportunities widely available. The board
shall maintain a central informational resource accessible to the
general public that provides[, to be called the Texas Colleges
On-Line, on which institutions can place] information relating to
[all computer-accessible] distance learning courses and programs
offered for credit by institutions of higher education and
information including computer links, addresses, or other
directions to assist an interested person to obtain additional
information directly from the appropriate institution. The board
may not prohibit a public junior college district from offering a
course for credit outside the boundaries of the junior college
district when such course has met the requirements for approval as
adopted by the board. The board shall establish regulations for the
coordination of credit activities of adult and continuing education
by public technical institutes, public community colleges, or
public colleges and universities.
(m) The board shall publish and distribute materials on
admission policies, transferable courses among institutions,
financial assistance programs, and other matters of interest to
persons choosing an institution in which to enroll. It is the
intent of the legislature that materials distributed under this
subsection be designed to promote and encourage students to
complete high school coursework and aspire to their highest
potential by obtaining a degree or certificate from an institution
of higher education.
SECTION 13. Section 61.059, Education Code, is amended by
amending Subsections (a) and (i) and adding Subsection (i-1) to
read as follows:
(a) To finance a system of higher education and to secure an
equitable distribution of state funds deemed to be available for
higher education, the board shall perform the functions described
in this section. Funding policies shall:
(1) allocate resources efficiently and provide
incentives for programs of superior quality and for institutional
diversity;
(2) provide incentives for supporting the five-year
master plan developed and revised under Section 61.051; and
(3) discourage [while discouraging] unnecessary
duplication of course offerings between institutions and [as well
as discouraging] unnecessary construction on any campus.
(i) The board shall make continuing studies on its own
initiative, on [or upon] the request of the governor or the
Legislative Budget Board, and as otherwise provided by Subsection
(i-1) of the financial needs of public higher education and all
services and activities of the institutions of higher education and
issue reports to the governor and the Legislative Budget Board that
result from its studies.
(i-1) Not later than January 1 of each odd-numbered year,
the board shall make and submit to the legislature findings and
recommendations regarding the degree to which the current higher
education funding system, including formula funding and any other
transfers of legislative appropriations to institutions of higher
education, supports the implementation of the five-year master plan
developed and revised under Section 61.051. The board may include
its findings and recommendations in the biennial report submitted
to the legislature under Section 61.051. In its findings, the board
must:
(1) identify funding incentives that would encourage
implementation of the five-year master plan by institutions of
higher education; and
(2) assess the accountability of institutions of
higher education with respect to legislative appropriations to
evaluate institutional allocation of financial resources in
accordance with the five-year master plan.
SECTION 14. Subsection (a), Section 61.065, Education Code,
is amended to read as follows:
(a) The comptroller of public accounts and the board jointly
shall prescribe and periodically update a uniform system of
financial accounting and reporting for institutions of higher
education, including definitions of the elements of cost on the
basis of which appropriations shall be made and financial records
shall be maintained. The board may require institutions to report
additional financial information as the board considers necessary.
In order that the uniform system of financial accounting and
reporting shall provide for maximum consistency with the national
reporting system for higher education, the uniform system shall
incorporate insofar as possible the provisions of the financial
accounting and reporting manual published by the National
Association of College and University Business Officers. The
accounts of the institutions shall be maintained and audited in
accordance with the approved reporting system.
SECTION 15. Section 61.066, Education Code, is amended by
adding Subsection (c) to read as follows:
(c) The board shall conduct a study and make findings and
recommendations regarding methods for reducing administrative
burdens and increasing participation in student financial aid
programs to maximize the value of those programs to the state. In
conducting the study, the board shall seek input from financial aid
officers and student groups at institutions of higher education.
Not later than November 1, 2004, the board shall report to the
standing committee of each house of the legislature with primary
jurisdiction over higher education the board's findings and
recommendations for legislative action necessary to consolidate,
expand, or otherwise modify existing student financial aid
programs. This subsection expires January 1, 2005.
SECTION 16. Section 61.076, Education Code, is amended to
read as follows:
Sec. 61.076. COOPERATION BETWEEN STATE AGENCIES OF
EDUCATION. (a) It is the policy of the State of Texas that the
entire system of education supported with public funds be
coordinated to provide the citizens with efficient, effective, and
high quality educational services and activities. The board and
the State Board of Education, in conjunction with such other
agencies as may be appropriate, shall ensure that long-range plans
and educational programs established by the boards complement the
functioning of the entire system of public education, extending
from early childhood education through postgraduate study. In
assuring that plans and programs are coordinated, the boards shall
use the P-16 Council [Joint Advisory Committee] established under
Section 61.077 [of this code].
(b) The P-16 Council [Joint Advisory Committee] shall
coordinate plans and programs of the two boards, including
curricula, instructional programs, research, and other functions
as appropriate. This coordination shall include the following
areas:
(1) equal educational opportunity for all Texans;
(2) college recruitment, with special emphasis on the
recruitment of minority students;
(3) preparation of high school students for further
study at colleges and universities;
(4) reduction of the dropout rate and dropout
prevention;
(5) teacher education, recruitment, and retention;
[and]
(6) testing and assessment; and
(7) adult education programs.
SECTION 17. Section 61.077, Education Code, is amended to
read as follows:
Sec. 61.077. P-16 COUNCIL [JOINT ADVISORY COMMITTEE].
(a) The P-16 Council [A joint advisory committee] shall advise the
Texas Higher Education Coordinating Board and the State Board of
Education in coordinating postsecondary career and technology
activities, career and technology teacher education programs
offered or proposed to be offered in the colleges and universities
of this state, and other relevant matters, including those listed
in Section 61.076 [of this code].
(b) The council is [committee shall be] composed of the
commissioner of education, the commissioner of higher education,
the executive director of the Texas Workforce Commission, and the
executive director of the State Board for Educator Certification
[three members from the State Board of Education, appointed by the
chairman of the board and three members from the Texas Higher
Education Coordinating Board, appointed by the chairman of the
board, one member designated by the presiding officer of the
Council on Workforce and Economic Competitiveness, and one member
representing business designated by the chair of the Texas
Partnership for Economic Development]. Existing members of the
council may appoint additional members as the members consider
necessary. The position of presiding officer rotates among the
members of the council in the order the members are listed in this
subsection, with each member serving as the presiding officer for
one two-year term [A member of the board shall be designated as
chairman of the joint advisory committee by the chairman of the
board].
(c) The council shall meet at least once each calendar
quarter and may hold other meetings as necessary at the call of the
presiding officer [committee shall hold regular annual meetings as
called by the chairman]. Each member of the council or the member's
designee shall make a report of the council's activities at least
twice annually to the governing body of the member's agency or, in
the case of the commissioner of education, to the State Board of
Education.
(d) [(b)] The purposes of this council [committee] shall
include the following:
(1) to advise the two boards on the coordination of
postsecondary career and technology education and the articulation
between postsecondary career and technology education and
secondary career and technology education;
(2) to facilitate the transfer of responsibilities for
the administration of postsecondary career and technology
education from the State Board of Education to the board in
accordance with Section 111(a)(I) of the Carl D. Perkins Vocational
Education Act, Public Law 98-524;
(3) to advise the State Board of Education, when it
acts as the State Board for Career and Technology Education, on the
following:
(A) the transfer of federal funds to the board
for allotment to eligible public postsecondary institutions of
higher education;
(B) the career and technology education funding
for projects and institutions as determined by the board when the
State Board for Career and Technology Education is required by
federal law to endorse such determinations;
(C) the development and updating of the state
plan for career and technology education and the evaluation of
programs, services, and activities of postsecondary career and
technology education and such amendments to the state plan for
career and technology education as may relate to postsecondary
education;
(D) other matters related to postsecondary
career and technology education; and
(E) the coordination of curricula, instructional
programs, research, and other functions as appropriate, including
areas listed in Section 61.076 [of this code], school-to-work and
school-to-college transition programs, and professional
development activities; [and]
(4) to advise the Council on Workforce and Economic
Competitiveness on educational policy issues related to workforce
preparation; and
(5) to examine and make recommendations regarding the
alignment of secondary and postsecondary education:
(A) curricula; and
(B) testing and assessment.
(e) Subsection (d)(5) does not require the council to
establish curriculum or testing or assessment standards.
SECTION 18. Subsection (a), Section 61.0771, Education
Code, is amended to read as follows:
(a) The board, in cooperation with institutions of higher
education, shall develop a master plan for the development of
distance learning and other applications of instructional
electronic technology by institutions of higher education and as
necessary may revise the plan. The plan shall include
recommendations for:
(1) the coordination and integration of distance
learning and related telecommunications activities among
institutions of higher education and other public or private
entities to achieve optimum efficiency and effectiveness in
providing necessary services, including identification of the
costs and any cost savings to be achieved by the use of distance
learning and related activities such as teleconferencing or sharing
resources by telecommunications;
(2) the development and acquisition of distance
learning infrastructure and equipment, including its functions and
capabilities, within and among institutions of higher education
consistent with the missions of those institutions and the
recipients of their services;
(3) the establishment of uniform or compatible
standards and technologies for distance learning;
(4) the training of faculty and staff in the use and
operation of distance learning facilities;
(5) appropriate applications of distance learning,
including the identification of the needs of the student
populations to be served;
(6) policies relating to the funding for
implementation and administering of distance learning, including
interinstitutional funds transfers among institutions providing
and receiving distance learning services and formula funding
allocations, and recommendations for the appropriate fees for
services offered through distance learning;
(7) revising regulatory policy relating to public
utilities to facilitate distance learning; and
(8) any statutory or regulatory changes desirable to
promote distance learning or to implement the master plan.
SECTION 19. Subchapter C, Chapter 61, Education Code, is
amended by adding Section 61.0816 to read as follows:
Sec. 61.0816. INFORMATION REGARDING HIGHER EDUCATION
AUTHORITIES. (a) The board shall collect and make available to
the public on request information regarding higher education
authorities operating under Chapter 53 and nonprofit corporations
carrying out the functions of higher education authorities under
Chapter 53. For each authority or corporation, the information
must include:
(1) the total amount and type of outstanding bonds
issued by the authority or corporation;
(2) a description of the programs and activities
administered by the authority or corporation; and
(3) with respect to any real property owned by the
authority or corporation:
(A) the location and description of the property;
(B) the current or proposed use of the property,
including whether the property is under construction or renovation;
(C) the method by which the authority or
corporation financed the acquisition, construction, or renovation
of the property;
(D) the school, public or private institution of
higher education, or other educational institution for which the
property is being used or proposed to be used;
(E) whether the property is exempt from ad
valorem taxes; and
(F) the appraised value of the property.
(b) A higher education authority or nonprofit corporation
described by this section shall provide the board the relevant
information the board requests at the time and in the manner the
board prescribes.
SECTION 20. Subchapter C, Chapter 61, Education Code, is
amended by adding Section 61.0902 to read as follows:
Sec. 61.0902. PUBLICATION OF PERFORMANCE DATA OF GENERAL
ACADEMIC TEACHING INSTITUTIONS. (a) The board shall administer a
program to publish performance data provided to the board by
general academic teaching institutions under this section.
(b) Not later than the next November 1 following the
completion of an academic year, each general academic teaching
institution shall provide to the board one or more reports
containing data related to:
(1) the qualifications of the entering freshman class
for the academic year covered by the report, including:
(A) the average Texas Academic Skills Program
Test scores of the class;
(B) the average scores of the class on each
generally recognized test or assessment used in college and
university undergraduate admissions, including the Scholastic
Assessment Test and the American College Test;
(C) the range of scores of the class from the 25th
to the 75th percentile on each generally recognized test or
assessment used in college and university undergraduate
admissions, including the Scholastic Assessment Test and the
American College Test;
(D) the overall grade point average of the class
for the academic year covered by the report;
(E) the number of students in the class who
graduated in the top 10 percent of the student's high school
graduating class; and
(F) enrollment percentages by ethnicity; and
(2) student performance and institution efficiency,
including:
(A) the retention rate of full-time students
after the completion of one academic year at the institution;
(B) the percentage of full-time degree-seeking
undergraduate students who earn a baccalaureate degree before the
sixth anniversary of the date of the student's first enrollment at
the institution;
(C) the percentage of lower-division semester
credit hours taught by tenured or tenure-track faculty;
(D) the percentage of undergraduate classes with
fewer than 20 students;
(E) the percentage of undergraduate classes with
more than 50 students;
(F) the student-to-faculty ratio for
undergraduate students;
(G) the percentage of students receiving
financial aid;
(H) the average cost of tuition and fees for an
undergraduate student enrolled for 12 semester credit hours;
(I) the average cost of on-campus room and board
for an academic year, excluding summer sessions;
(J) the number of disciplines in which master's
degrees are offered;
(K) the number of disciplines in which doctoral
degrees are offered;
(L) a description of any departments, schools, or
certificate or degree programs of the institution that have a
statewide or national reputation for excellence; and
(M) statistics regarding job placement rates for
students awarded certificates or degrees by the institution.
(c) Each year the board shall publish and post in a grid
format on the board's Internet site the names of the general
academic teaching institutions, the performance data required by
Subsection (b) for the most recent academic year for which the data
is available, and any other information considered appropriate by
the board. The board shall use the classification system developed
by the Carnegie Foundation in publishing and posting the data and
other information.
(d) Each general academic teaching institution shall
provide a link on the institution's Internet home page to the
board's Internet site described by Subsection (c).
(e) A general academic teaching institution is not required
to report to the board the data required by Subsection (b) if the
data is available to the board from another source.
SECTION 21. Subsection (c), Section 61.093, Education Code,
is amended to read as follows:
(c) Money appropriated for payment of contracts under the
authority of Section [Sections] 61.092 [and 61.094 of this code]
shall be paid to [the] Baylor College of Medicine [and the Baylor
College of Dentistry] as follows:
(1) 40 [24] percent of the yearly entitlement [of each
college] shall be paid in two equal installments to be made on or
before the 25th day of September and October; and
(2) 60 [76] percent of the yearly entitlement [of each
college] shall be paid in six [eight] equal installments to be made
on or before the 25th day of November, December, January, February,
March, and April[, May, June, July, and August].
SECTION 22. Section 61.313, Education Code, is amended by
amending Subsection (e) and adding Subsections (f) and (g) to read
as follows:
(e) This section does not apply to a person who on September
1, 1997, used the term "college" or "university" in the official
name or title of a private postsecondary educational institution
that was established before September 1, 1975. A person covered by
this subsection is not required to remove the term "college" or
"university" from the name or title of the institution established
before September 1, 1975.
(f) A person covered by Subsection (e) [this subsection] may
use the term "college" in the official name or title of another
private postsecondary educational institution in this state if:
(1) the person's business name on September 1, 1995,
included the term "college"; and
(2) the other institution offers the same or similar
educational programs and is located in the same county as the
institution established before September 1, 1975.
(g) A person covered by Subsection (e) may use the term
"college" in the official name or title of another private
postsecondary educational institution in this state if:
(1) the person operated at least four private
postsecondary educational institutions in this state on September
1, 1985, for which the person was permitted to use the term
"college" in the official name or title; and
(2) the other institution offers the same or similar
educational programs as the institutions described by Subdivision
(1) and has enrolled students in educational programs continuously
since before September 1, 1995.
SECTION 23. Subsection (a), Section 61.532, Education Code,
is amended to read as follows:
(a) To be eligible to receive repayment assistance, a
physician must apply to the coordinating board and have completed
at least one year of medical practice:
(1) in private practice in an economically depressed
or rural medically underserved area of the state;
(2) for one of the following state agencies:
(A) Texas Department of Health;
(B) Texas Department of Mental Health and Mental
Retardation;
(C) Texas Department of Corrections; or
(D) Texas Youth Commission; or
(3) for an approved family practice residency training
program established under Subchapter I [of this chapter] as a[:
[(A)] clinical faculty member and have completed
training in an approved family practice residency training program
on or after July 1, 1994[; or
[(B) resident].
SECTION 24. Subchapter J, Chapter 61, Education Code, is
amended by adding Section 61.540 to read as follows:
Sec. 61.540. SERVICE AGREEMENTS ENTERED INTO UNDER FORMER
LAW; SAVING PROVISION. (a) This section applies only to a person
who entered into a written agreement to perform service as a
physician in exchange for loan repayment assistance under this
subchapter before September 1, 2003.
(b) The agreement continues in effect and this subchapter,
as it existed when the person entered into the agreement, is
continued in effect for purposes of that agreement until the person
satisfies all the conditions of the agreement or repays all amounts
due under the agreement if the person does not satisfy the
conditions of the agreement.
SECTION 25. Subsection (b), Section 61.822, Education Code,
is amended to read as follows:
(b) Each institution of higher education shall adopt a core
curriculum of no less than 42 semester credit hours, including
specific courses comprising the curriculum. The core curriculum
shall be consistent with the common course numbering
[course-numbering] system approved by the board and with the
statement, recommendations, and rules issued by the board. An
institution may have a core curriculum of other than 42 semester
credit hours only if approved by the board.
SECTION 26. Section 61.830, Education Code, is amended to
read as follows:
Sec. 61.830. PUBLICATION OF GUIDELINES ADDRESSING TRANSFER
PRACTICES. In its course catalogs and on its website, each
institution of higher education shall publish guidelines
addressing the practices of the institution regarding the transfer
of course credit. In the guidelines, the institution must identify
a course by using the [any] common course numbering system approved
[adopted] by the board.
SECTION 27. Subchapter S, Chapter 61, Education Code, is
amended by adding Section 61.832 to read as follows:
Sec. 61.832. COMMON COURSE NUMBERING SYSTEM. (a) The
board shall approve a common course numbering system for
lower-division courses to facilitate the transfer of those courses
among institutions of higher education by promoting consistency in
course designation and identification.
(b) The board may approve only a common course numbering
system already in common use in this state by institutions of higher
education.
(c) The board shall cooperate with institutions of higher
education in any additional development or alteration of the common
course numbering system, including the taxonomy to be used, and in
the development of rules for the administration and applicability
of the system.
(d) An institution of higher education shall include in its
course listings the applicable course numbers from the common
course numbering system approved by the board under this section.
For good cause, the board may grant to an institution of higher
education an exemption from the requirements of this subsection.
SECTION 28. Sections 61.873 and 61.876, Education Code, as
added by Chapter 833, Acts of the 76th Legislature, Regular
Session, 1999, are amended to read as follows:
Sec. 61.873. ELIGIBILITY FOR ASSISTANCE. To be eligible to
receive loan repayment assistance under this subchapter, a person
must:
(1) hold an associate, baccalaureate, or graduate
degree in early childhood development or the equivalent from a
public or private institution of higher education accredited by a
recognized accrediting agency; and
(2) have served for at least one year [enter into an
agreement to serve] as, and be currently serving as, an early
childhood child-care worker [as provided by Section 61.875].
Sec. 61.876. AMOUNT OF REPAYMENT ASSISTANCE; LIMITATIONS.
(a) For each year that a qualified person serves as an early
childhood child-care worker in this state [under an agreement under
Section 61.875], the person may receive loan repayment assistance
in an amount not to exceed 15 percent of the total amount of the
person's outstanding student loans, including scheduled interest
payments that would become due if the loan is not prepaid, as of the
date [when] the person begins to receive repayment assistance under
this subchapter [enters into the agreement].
(b) The amount of repayment assistance paid for a year may
not exceed the lesser of:
(1) the actual amount of the loan payments the person
receiving the assistance is required to make for that year; or
(2) an amount set by the board equal to the maximum
amount of resident tuition and required fees paid by a person
enrolled as a full-time student at a general academic teaching
institution for the most recent academic year, excluding summer
sessions.
(c) [(b) The board may enter into an agreement to provide
loan repayment assistance under Section 61.875 only to the extent
money in the trust fund established by Section 61.878 or money
appropriated to the trust fund for future deposit to the trust fund
will be sufficient to provide the repayment assistance as it
becomes payable.] If [that] money will not be sufficient to provide
repayment assistance to each eligible applicant, the board shall
select persons to receive repayment assistance from the eligible
applicants according to financial need or on another basis the
board considers reasonable to further the purposes of this
subchapter.
(d) [(c)] The board may determine the manner in which the
loan repayment assistance is to be paid [and shall include
provisions governing the manner of repayment in the agreement].
The board may provide for the payment of a portion of the repayment
assistance in one or more installments before the person completes
a full year of service as an early childhood child-care worker and
for the payment of the remainder of the repayment assistance for
that year after the completion of the full year of service.
SECTION 29. Subchapter T, Chapter 61, Education Code, as
added by Chapter 833, Acts of the 76th Legislature, Regular
Session, 1999, is amended by adding Section 61.879 to read as
follows:
Sec. 61.879. SERVICE AGREEMENTS ENTERED INTO UNDER FORMER
LAW; SAVING PROVISION. (a) This section applies only to a person
who was awarded loan repayment assistance under this subchapter and
entered into a written agreement to perform service as an early
childhood child-care worker in exchange for that assistance under
this subchapter before September 1, 2003.
(b) The agreement continues in effect and this subchapter,
as it existed when the person entered into the agreement, is
continued in effect for purposes of that agreement until the person
satisfies all the conditions of the agreement or repays all amounts
due under the agreement if the person does not satisfy the
conditions of the agreement.
SECTION 30. Sections 61.952 and 61.954, Education Code, as
added by Chapter 1403, Acts of the 77th Legislature, Regular
Session, 2001, are amended to read as follows:
Sec. 61.952. ELIGIBILITY. To be eligible to receive
repayment assistance, an attorney must:
(1) apply to the board; and
(2) have been [be] employed for at least one year by,
and be currently employed by, [or have been offered employment
with] the office of the attorney general at the time the attorney
applies for the assistance[; and
[(3) enter into an agreement to serve as an attorney
with the office of the attorney general as provided by Section
61.953].
Sec. 61.954. MAXIMUM AMOUNT OF REPAYMENT ASSISTANCE
[LIMITATIONS]. (a) For each year that an attorney serves as an
attorney with the office of the attorney general [under an
agreement under Section 61.953], the attorney may receive repayment
assistance under this subchapter in an amount not to exceed $6,000.
(b) An attorney may not receive repayment assistance under
this subchapter for more than three years.
SECTION 31. Subchapter X, Chapter 61, Education Code, as
added by Chapter 148, Acts of the 77th Legislature, Regular
Session, 2001, is amended by adding Section 61.955 to read as
follows:
Sec. 61.955. SALE OF PROMOTIONAL ITEMS AND MEDIA AND
TRAINING MATERIALS. (a) The board may sell or contract for the
sale of promotional items, including clothing, posters, and
banners, designed to promote the public awareness campaign. The
board may use its Internet website to advertise and sell the items.
(b) The board may sell, contract for the sale of, or
otherwise transfer the board's rights in media and training
materials developed for the public awareness campaign.
(c) Money received under this section shall be deposited to
the credit of the general revenue fund and used only by the board to
further the purposes of the campaign.
SECTION 32. Sections 142.005 and 142.006, Education Code,
are amended to read as follows:
Sec. 142.005. PROGRESS REPORTS. An institution receiving
funds under this chapter shall report on the progress of the funded
research to the coordinating board not later than the date
specified by the coordinating board [September 1 of] each year.
Sec. 142.006. MERIT REVIEW. The coordinating board shall
appoint a committee that consists of experts in the specified
research areas to evaluate the program's effectiveness and report
its findings to the coordinating board not later than January 31
[September 1] of each odd-numbered [the second] year [of each
biennium].
SECTION 33. Chapter 142, Education Code, is amended by
adding Section 142.007 to read as follows:
Sec. 142.007. CONFIDENTIALITY. Information submitted as
part of a pre-proposal or proposal or related to the evaluation and
selection of research projects to be funded by the program is
confidential unless made public by coordinating board rule.
SECTION 34. Sections 143.006 and 143.007, Education Code,
are amended to read as follows:
Sec. 143.006. PROGRESS REPORTS. An institution receiving
funds under this chapter shall report on the progress of the funded
research to the coordinating board not later than the date
specified by the coordinating board [September 1 of] each year.
Sec. 143.007. MERIT REVIEW. The coordinating board shall
appoint a committee consisting of representatives of higher
education and private enterprise advanced technology research
organizations to evaluate the technology program's effectiveness
and report its findings to the coordinating board not later than
January 31 [September 1] of each odd-numbered [the second] year [of
each biennium].
SECTION 35. Chapter 143, Education Code, is amended by
adding Section 143.008 to read as follows:
Sec. 143.008. CONFIDENTIALITY. Information submitted as
part of a pre-proposal or proposal or related to the evaluation and
selection of research projects to be funded by the technology
program is confidential unless made public by coordinating board
rule.
SECTION 36. Section 7.005, Education Code, is amended to
read as follows:
Sec. 7.005. COOPERATION BETWEEN STATE AGENCIES OF
EDUCATION. The State Board of Education and the Texas Higher
Education Coordinating Board, in conjunction with other
appropriate agencies, shall ensure that long-range plans and
educational programs established by each board provide a
comprehensive education for the students of this state under the
jurisdiction of that board, extending from early childhood
education through postgraduate study. In assuring that programs
are coordinated, the boards shall use the P-16 Council [joint
advisory committee] established under Section 61.077.
SECTION 37. (a) The purpose of this section is to provide
for assessment of the readiness of entering college students to:
(1) enroll in freshman-level academic coursework; and
(2) by providing advising and educational support
necessary for success in college, assist students who are not yet
ready to enroll in that coursework.
(b) Subchapter F, Chapter 51, Education Code, is amended by
adding Section 51.3062 to read as follows:
Sec. 51.3062. SUCCESS INITIATIVE. (a) The definitions
provided by Section 61.003 apply to this section.
(b) An institution of higher education shall assess the
academic skills of each entering undergraduate student to determine
the student's readiness to enroll in freshman-level academic
coursework. An institution may not use the assessment or the
results of the assessment as a condition of admission to the
institution.
(c) The board shall designate one or more instruments for
use by institutions of higher education in assessing students under
this section.
(d) If practical and feasible, not later than September 1,
2005, the board shall designate the exit-level assessment
instrument required under Section 39.023 as the primary assessment
instrument under this section. This subsection expires September
1, 2006.
(e) The board shall designate additional assessment
instruments for use by institutions of higher education under this
section, including assessment instruments currently approved by
the board to measure college readiness.
(f) Each assessment instrument designated by the board for
use under this section must be diagnostic in nature and designed to
assess a student's readiness to perform freshman-level academic
coursework. The board shall prescribe standards for the assessment
instrument or instruments that reflect that student readiness. An
institution of higher education may adopt more stringent assessment
standards with respect to student readiness.
(g) Each institution of higher education shall establish a
program to advise students regarding coursework and other means by
which students can develop the academic skills required to
successfully complete college-level work.
(h) If a student fails to meet the assessment standards
described by Subsection (f), the institution of higher education
shall work with the student to develop a plan to assist the student
in becoming ready to perform freshman-level academic coursework.
The plan must be designed on an individual basis to provide the best
opportunity for each student to attain that readiness.
(i) The institution of higher education may refer a student
to developmental coursework as considered necessary by the
institution to address a student's deficiencies in the student's
readiness to perform freshman-level academic coursework, except
that the institution may not require enrollment in developmental
coursework with respect to a student previously determined by any
institution of higher education to have met college-readiness
standards.
(j) A student may retake an assessment instrument at any
time to determine readiness to perform freshman-level academic
coursework.
(k) An institution of higher education shall determine when
a student is ready to perform freshman-level academic coursework.
The institution must make its determination on an individual basis
according to the needs of the student. The determination shall
include:
(1) requiring a student to retake a board-approved
assessment instrument, if the student did not initially perform
within a deviation established by the board; or
(2) other board-approved means of evaluating student
readiness, if the student did not initially pass the assessment
instrument but performed within a deviation established by the
board.
(l) The legislature shall appropriate money for approved
non-degree-credit developmental courses, except that legislative
appropriations may not be used for developmental coursework taken
by a student in excess of:
(1) 18 semester credit hours, for a general academic
teaching institution; and
(2) 27 semester credit hours, for a public junior
college, public technical institute, or public state college.
(m) The board may develop formulas to supplement the funding
of developmental academic programs by institutions of higher
education, including formulas for supplementing the funding of
non-course-based programs. The board may develop a performance
funding formula by which institutions may receive additional
funding for each student who completes the Success Initiative
established under this section and then successfully completes
college coursework. The legislature may appropriate the money
required to provide the additional funding under those formulas.
(n) Each institution of higher education shall report
annually to the board on the success of its students and the
effectiveness of its Success Initiative.
(o) The board shall evaluate the effectiveness of the
Success Initiative on a statewide basis and with respect to each
institution of higher education.
(p) A student who has achieved a score set by the board on
the Scholastic Assessment Test (SAT) or the American College Test
(ACT) is exempt from the requirements of this section. An exemption
under this subsection is effective for the five-year period
following the date a student takes the test and achieves the
standard set by the board.
(q) A student who has achieved a score set by the board on an
exit-level assessment instrument required under Section 39.023 is
exempt from the requirements of this section. The exemption is
effective for the three-year period following the date a student
takes the assessment instrument and achieves the standard set by
the board. This subsection does not apply during any period for
which the board designates the exit-level assessment instrument
required under Section 39.023 as the primary assessment instrument
under this section, except that the three-year period described by
this subsection remains in effect for students who qualify for an
exemption under this section before that period.
(r) This section does not apply to:
(1) a student who has graduated with an associate or
baccalaureate degree from an institution of higher education;
(2) a student who transfers to an institution of
higher education from a private or independent institution of
higher education or an accredited out-of-state institution of
higher education and who has satisfactorily completed
college-level coursework;
(3) a student who is enrolled in a certificate program
of one year or less at a public junior college, a public technical
institute, or a public state college;
(4) a student who is serving on active duty as a member
of:
(A) the armed forces of the United States; or
(B) the Texas National Guard;
(5) a student who is currently serving as and, for at
least the three-year period preceding enrollment, has served as a
member of a reserve component of the armed forces of the United
States; or
(6) a student who on or after August 1, 1990, was
honorably discharged, retired, or released from:
(A) active duty as a member of the armed forces of
the United States or the Texas National Guard; or
(B) service as a member of a reserve component of
the armed forces of the United States.
(s) An institution of higher education may exempt a
non-degree-seeking or non-certificate-seeking student from the
requirements of this section.
SECTION 38. The heading to Subchapter N, Chapter 51,
Education Code, is amended to read as follows:
SUBCHAPTER N. PARTNERSHIPS BETWEEN COMMUNITY/JUNIOR COLLEGES AND
OTHER INSTITUTIONS OF HIGHER EDUCATION [UPPER-LEVEL UNIVERSITIES
OR CENTERS]
SECTION 39. Section 51.661, Education Code, is amended to
read as follows:
Sec. 51.661. PURPOSE. The purpose of this subchapter is to
encourage partnerships between public community/junior colleges
and other institutions of higher education that [upper-level
universities or centers which] are located in the same state
uniform service region as adopted by the Texas Higher Education
Coordinating Board in order to improve the continuity, quality, and
efficiency of educational programs and services.
SECTION 40. Subchapter N, Chapter 51, Education Code, is
amended by adding Section 51.6615 to read as follows:
Sec. 51.6615. DEFINITION. In this subchapter, "institution
of higher education" has the meaning assigned by Section 61.003.
SECTION 41. Section 51.662, Education Code, is amended to
read as follows:
Sec. 51.662. PARTNERSHIP AGREEMENTS. With the approval of
the Texas Higher Education Coordinating Board, the governing boards
of a public community/junior college and another institution of
higher education that [an upper-level university or center which]
are located in the same state uniform service region as adopted by
the coordinating board may enter into a partnership agreement
designed to coordinate the management and operations of the
institutions. The agreements shall in no way abrogate the powers
and duties of the boards with regard to the governance of their
respective institutions.
SECTION 42. Section 51.666, Education Code, is amended to
read as follows:
Sec. 51.666. FACILITIES. A participating institution of
higher education [upper-level university or center] may lease
facilities from or to the community/junior college for
administrative and instructional purposes. Community/junior
college facilities may not be transferred to the other
participating institution of higher education [university or
center] and may not be included in the space inventory of the other
participating institution of higher education [university or
center] for formula funding purposes.
SECTION 43. Section 51.667, Education Code, is amended to
read as follows:
Sec. 51.667. STATE FUNDING. The community/junior college
shall receive state appropriations on the same formula basis as
other community/junior colleges, and the other participating
institution of higher education [university or center] shall
receive state appropriations on the same formula basis as other
similar institutions of higher education [upper-level senior
colleges and universities].
SECTION 44. Section 51.668, Education Code, is amended to
read as follows:
Sec. 51.668. CONTINUING RESPONSIBILITIES. A participating
community/junior college must continue to provide programs and
services enumerated in Section 130.003(e) [Subsection (e) of
Section 130.003 of this code]. The role [rule] and scope of the
other participating institution of higher education [university or
center] are subject to approval by the coordinating board.
SECTION 45. Section 52.34, Education Code, is amended to
read as follows:
Sec. 52.34. PAYMENTS TO STUDENT. (a) No payment may be
made to any student until the student [he] has executed a note
payable to the Texas Opportunity Plan Fund for the full amount of
the authorized loan plus interest.
(b) For the purposes of this chapter, a student has the
capacity to contract and is bound by any contract executed by the
student [him], and the defense that the student [he] was a minor at
the time the student [he] executed the note is not available to the
student [him] in any action arising on the note.
(c) Payments to students executing notes may be made
annually, semiannually, quarterly, monthly, or for each semester as
the board may determine, depending on the demonstrated capacity of
the student to manage the student's [his] financial affairs.
(d) Disbursements may be made by the board or by the
participating institution pursuant to a contract between the board
and the institution executed in conformity with this chapter.
(e) Money [No funds] may be distributed to a participating
institution only [except] to make payments to a student under a loan
authorized by this chapter.
(f) The board shall distribute money to a participating
institution through the electronic funds transfer system
maintained by the Texas Guaranteed Student Loan Corporation for
disbursing loan funds from commercial lenders participating in the
guaranteed student loan program under Chapter 57, except that at
the request of a participating institution the board may distribute
the money through other means. The board shall enter into a
contract with the corporation for the use of the system, and the
corporation shall make the system available to the board as
necessary to carry out this subsection.
SECTION 46. Subchapter C, Chapter 52, Education Code, is
amended by adding Section 52.41 to read as follows:
Sec. 52.41. RESTRICTION ON ISSUANCE OF CERTAIN FEDERALLY
INSURED STUDENT LOANS. (a) Except as provided by Subsection (c),
the board may issue a student loan under the Federal Family
Education Loan Program (20 U.S.C. Section 1071 et seq.), as
amended, only to a borrower who has been or will be issued a student
loan under another student loan program administered by the board.
(b) The board may service any outstanding student loans
issued by the board under the Federal Family Education Loan
Program.
(c) The board may issue student loans under the Federal
Family Education Loan Program to borrowers other than borrowers
described by Subsection (a) if the commissioner of higher education
determines that market conditions warrant the issuance of those
loans.
SECTION 47. Chapter 56, Education Code, is amended by
adding Subchapter F to read as follows:
SUBCHAPTER F. DOCTORAL INCENTIVE LOAN REPAYMENT PROGRAM
Sec. 56.091. ESTABLISHMENT; ADMINISTRATION. (a) The
Texas Higher Education Coordinating Board shall establish and
administer the doctoral incentive loan repayment program as
provided by this subchapter and shall adopt rules as necessary to
administer the program.
(b) The purpose of the doctoral incentive loan repayment
program is to provide education loan repayment assistance to
individuals from groups that are underrepresented among the faculty
and administration of public and independent institutions of higher
education in this state to increase the number of individuals from
those underrepresented groups among the faculty and administration
of public and independent institutions of higher education in this
state.
(c) For purposes of this subchapter, an individual is from a
group that is underrepresented among the faculty and administration
of public and independent institutions of higher education in this
state if:
(1) the individual was from a low socioeconomic
background while pursuing the individual's undergraduate
education; or
(2) when the individual graduated from high school the
individual resided in an area from which a disproportionately low
number of high school graduates enrolled in postsecondary
educational institutions.
Sec. 56.092. ELIGIBILITY. To be eligible for loan
repayment assistance under the doctoral incentive loan repayment
program, an individual must:
(1) be employed as a full-time faculty or
administration member in a public or independent institution of
higher education in this state for at least one year;
(2) be a Texas resident;
(3) be from a group that is underrepresented among the
faculty and administration of public and independent institutions
of higher education in this state;
(4) have qualified for student financial aid based on
financial need while enrolled in a graduate-level degree program;
and
(5) comply with any other requirements adopted by the
coordinating board for the effective administration of the program.
Sec. 56.093. ELIGIBLE LOANS. The coordinating board may
provide repayment assistance under the doctoral incentive loan
repayment program for the repayment of any education loan received
by an eligible individual through any lender.
Sec. 56.094. LOAN REPAYMENT ASSISTANCE. (a) The
coordinating board may provide assistance in the repayment of an
eligible loan to an eligible individual in the amounts and under the
terms the coordinating board considers appropriate to further the
purposes of the doctoral incentive loan repayment program and the
best interests of this state.
(b) An individual may receive loan repayment assistance
under the doctoral incentive loan repayment program in a total
amount not to exceed $100,000.
Sec. 56.095. FUNDING; LIMITATION ON FUNDING. (a) The
doctoral incentive loan repayment program may be funded only from a
source provided by this section. The total amount of loan repayment
assistance paid under the program may not exceed the amount of money
available for the program under this section.
(b) Each institution of higher education shall set aside a
portion of the tuition collected from each student enrolled in a
doctoral degree program, other than a law or health professional
degree program, equal to $2 for each semester credit hour for which
the student is enrolled. The amount set aside shall be transferred
to the comptroller to be maintained in the state treasury for the
sole purpose of repayment of student loans of individuals employed
as faculty and administrators at institutions of higher education
in this state as provided by this subchapter. The money may be used
only to provide loan repayment under this subchapter and to cover
the costs of administering this subchapter.
(c) The coordinating board may solicit and accept gifts and
grants from any public or private source for the purposes of the
doctoral incentive loan repayment program.
Sec. 56.096. INITIAL IMPLEMENTATION. (a) The coordinating
board shall provide loan repayments under this subchapter beginning
with the 2004-2005 academic year.
(b) The coordinating board shall adopt the initial rules for
awarding loan repayments under this subchapter as soon as
practicable after this subchapter becomes law. The coordinating
board may adopt those initial rules in the manner provided by law
for emergency rules.
(c) This section expires January 1, 2006.
SECTION 48. The heading to Subchapter O, Chapter 56,
Education Code, as added by Chapter 1261, Acts of the 77th
Legislature, Regular Session, 2001, is amended to read as follows:
SUBCHAPTER O. TEACH FOR TEXAS LOAN REPAYMENT [FINANCIAL]
ASSISTANCE PROGRAM
SECTION 49. Subchapter O, Chapter 56, Education Code, as
added by Chapter 1261, Acts of the 77th Legislature, Regular
Session, 2001, is amended by amending Sections 56.351 through
56.355 and adding Sections 56.3575 and 56.359 to read as follows:
Sec. 56.351. DEFINITION [DEFINITIONS]. In this subchapter,
"coordinating[:
[(1) "Coordinating] board" means the Texas Higher
Education Coordinating Board.
[(2) "Eligible institution of higher education"
means:
[(A) an institution of higher education; or
[(B) a private or independent institution of
higher education as defined by Section 61.003.]
Sec. 56.352. PURPOSE OF PROGRAM; LOAN REPAYMENT AUTHORIZED.
(a) The purpose of this subchapter is to attract to the teaching
profession persons who have expressed interest in teaching and to
support the employment [certification] of those persons as
classroom teachers by providing student loan repayment assistance
for service [a grant on the condition that the recipient serve] as a
classroom teacher in the public schools of this state [for a
specified period].
(b) The coordinating board shall provide, in accordance
with this subchapter and board rules, assistance in the repayment
of eligible student loans for persons who apply and qualify for the
assistance.
Sec. 56.353. ELIGIBILITY [FOR GRANT; TEACHING AGREEMENT].
(a) [A] Teach for Texas repayment assistance [grant] is available
only to a person who applies for the assistance [a grant] and who:
(1) is certified [seeking educator certification;
[(2) is enrolled in an eligible institution of higher
education in this state:
[(A) as a junior or senior in a baccalaureate
degree program; or
[(B) in the person's first academic year in an
educator certification program after receiving a baccalaureate
degree;
[(3) makes satisfactory progress toward completion of
the person's educator certification program; and
[(4) satisfies one of the following:
[(A) the person is seeking educator
certification] in a teaching field identified [certified] by the
commissioner of education as experiencing a critical shortage of
teachers in this state in the year in which the person receives the
assistance [grant] and has for at least one year taught full-time
at, and is currently teaching [agrees to teach] full-time [for five
years] at, the preschool, primary, or secondary level in a public
school in this state in that teaching field; or
(2) is a certified educator who has for at least one
year taught full-time at, and is currently teaching [(B) the person
agrees to teach] full-time [for five years] at, the preschool,
primary, or secondary level in a public school in this state in a
community identified[, which is not required to be specifically
designated at the time the person receives the grant, certified] by
the commissioner of education as experiencing a critical shortage
of teachers in the [any] year in which the person receives the
assistance [a grant under this subchapter or in any subsequent year
in which the person fulfills the teaching obligation].
(b) The coordinating board in awarding repayment assistance
[Teach for Texas grants] shall give priority to applicants who
demonstrate financial need.
(c) [If the money available for grants in a period for which
grants are awarded exceeds the amount needed to provide grants to
all eligible applicants described by Subsection (b), the
coordinating board shall award grants from the remaining money to
additional eligible applicants. The coordinating board shall
prescribe by rule the eligibility requirements for these applicants
based on the factors that the coordinating board considers
appropriate to further the purposes of this subchapter.
[(d)] If the money available for loan repayment assistance
[grants] in a period for which assistance is [grants are] awarded is
insufficient to provide assistance [grants] to all eligible
applicants described by Subsection (b), the coordinating board
shall establish priorities for awarding repayment assistance to
address the most critical teacher shortages described by Subsection
(a) [give the highest priority to applicants who demonstrate the
greatest financial need].
(d) [(e)] A person may not receive loan repayment
assistance [a Teach for Texas tuition grant] for more than five
[three academic] years [or the equivalent].
[(f) A person is not eligible to receive a Teach for Texas
grant if the person has been convicted of a felony or an offense
under Chapter 481, Health and Safety Code (Texas Controlled
Substances Act), or under the law of another jurisdiction involving
a controlled substance, as defined by Chapter 481, Health and
Safety Code, unless the person has met the other applicable
eligibility requirements under this subchapter and has:
[(1) received a certificate of discharge by the Texas
Department of Criminal Justice or a correctional facility or
completed a period of probation ordered by a court, and at least two
years have elapsed from the date of the receipt or completion; or
[(2) been pardoned, had the record of the offense
expunged from the person's record, or otherwise has been released
from the resulting ineligibility to receive a grant under this
subchapter.
[(g) For the purpose of this section, a person makes
satisfactory academic progress toward completion of an educator
certification program if the person:
[(1) completes at least 75 percent of the semester
credit hours attempted in the student's most recent academic year;
and
[(2) earns an overall grade point average of at least
2.5 on a four-point scale or the equivalent on coursework
previously attempted at institutions of higher education.]
Sec. 56.354. ELIGIBLE LOANS. (a) A person may receive
Teach for Texas loan repayment assistance under this subchapter for
the repayment of any student loan for education at any public or
private institution of higher education through any lender. If the
loan is not a state or federal guaranteed student loan, the note or
other writing governing the terms of the loan must require the loan
proceeds to be used for expenses incurred by a person to attend a
public or private institution of higher education.
(b) The coordinating board may not provide loan repayment
assistance for a student loan that is in default at the time of the
person's application [AMOUNT OF GRANT; PAYMENT OF GRANT. (a) The
amount of a Teach for Texas grant is equal to four times the current
amount of a TEXAS grant under Subchapter M for a student enrolled in
a general academic teaching institution.
[(b) The coordinating board shall pay the amount of a Teach
for Texas grant in installments, with a substantially equal amount
paid in each semester or term based on the number of semesters in
which a typical full-time student would complete the recipient's
educator certification program. The coordinating board may adjust
the amount of a grant for a semester or term, or award a
supplemental grant, to ensure that a grant recipient who completes
the educator certification program receives the total amount of the
recipient's grant].
Sec. 56.355. PAYMENT OF ASSISTANCE. (a) The coordinating
board may determine the manner in which Teach for Texas loan
repayment assistance is to be paid. The coordinating board may
provide for the payment of a portion of the repayment assistance in
one or more installments before the person completes a full year of
service as a teacher and for the payment of the remainder of the
repayment assistance for that year after the completion of the full
year of service.
(b) Loan repayment assistance received under this
subchapter may be applied to the principal amount of the loan and to
interest that accrues [ELIGIBILITY FOR TEXAS GRANT NOT AFFECTED. A
person may receive both a TEXAS grant under Subchapter M and a Teach
for Texas grant under this subchapter for the same semester or
term].
Sec. 56.3575. ADMINISTRATION; RULES. (a) The
coordinating board shall adopt rules necessary for the
administration of this subchapter.
(b) The coordinating board shall distribute a copy of the
rules adopted under this section and pertinent information relating
to this subchapter to each public or private institution of higher
education in this state that offers an educator certification
program, including an alternative educator certification program
or another equivalent program.
Sec. 56.359. GRANTS AND SERVICE AGREEMENTS ENTERED INTO
UNDER FORMER LAW; SAVING PROVISION. (a) This section applies only
to a person who was awarded a Teach for Texas grant and entered into
a written agreement to perform service as a public school teacher in
this state in order to receive the grant under this subchapter
before September 1, 2003.
(b) A person to whom this section applies may receive any
unpaid installments of the grant as provided by the agreement and in
accordance with this subchapter as it existed when the grant was
awarded. The agreement continues in effect and this subchapter, as
it existed when the person entered into the agreement, is continued
in effect for purposes of that agreement until the person satisfies
all the conditions of the agreement or repays all amounts due under
the agreement if the person does not satisfy the conditions of the
agreement.
SECTION 50. Subchapter A, Chapter 130, Education Code, is
amended by adding Section 130.0012 to read as follows:
Sec. 130.0012. PILOT PROJECT: BACCALAUREATE DEGREE
PROGRAMS. (a) The Texas Higher Education Coordinating Board shall
establish a pilot project to examine the feasibility and
effectiveness of authorizing public junior colleges to offer
baccalaureate degree programs in the fields of applied science and
applied technology. Participation in the pilot project does not
otherwise alter the role and mission of a public junior college.
(b) The coordinating board shall operate the pilot project
at three public junior colleges, as determined by the coordinating
board.
(c) A public junior college participating in the pilot
project must meet all applicable accreditation requirements of the
Commission on Colleges of the Southern Association of Colleges and
Schools.
(d) A public junior college participating in the pilot
project may not offer more than five baccalaureate degree programs
under the project at any time. The degree programs are subject to
the continuing approval of the coordinating board. In determining
what baccalaureate degree programs are to be offered, the junior
college and the coordinating board shall consider:
(1) the need for the degree programs in the region
served by the junior college;
(2) how those degree programs would complement the
other programs and course offerings of the junior college;
(3) whether those degree programs would unnecessarily
duplicate the degree programs offered by other institutions of
higher education; and
(4) the ability of the junior college to support the
program and the adequacy of the junior college's facilities,
faculty, administration, libraries, and other resources.
(e) Each public junior college that offers a baccalaureate
degree program under the pilot project must enter into an
articulation agreement with one or more general academic teaching
institutions to ensure that students enrolled in the degree program
have an opportunity to complete the degree if the public junior
college ceases to offer the degree program. The coordinating board
may require a general academic teaching institution that offers a
comparable degree program to enter into an articulation agreement
with the public junior college as provided by this subsection.
(f) In its recommendations to the legislature relating to
state funding for public junior colleges, the coordinating board
shall recommend that a public junior college receive substantially
the same state support for junior-level and senior-level courses
offered under the pilot project as that provided to a general
academic teaching institution for substantially similar courses.
In determining the contact hours attributable to students enrolled
in a junior-level or senior-level course offered under the pilot
project used to determine a public junior college's proportionate
share of state appropriations under Section 130.003, the
coordinating board shall weigh those contact hours as necessary to
provide the junior college the appropriate level of state support
to the extent state funds for those courses are included in the
appropriations. This subsection does not prohibit the legislature
from directly appropriating state funds to support junior-level and
senior-level courses offered under the pilot project.
(g) Each public junior college participating in the pilot
project shall prepare a biennial report on the operation and
effectiveness of the junior college's baccalaureate degree
programs offered under the project and shall deliver a copy of the
report to the coordinating board in the form and at the time
determined by the coordinating board.
(h) Not later than January 1, 2009, the coordinating board
shall prepare a progress report on the pilot project. Not later
than January 1, 2011, the coordinating board shall prepare a report
on the effectiveness of the pilot project, including any
recommendations for legislative action regarding the offering of
baccalaureate degree programs by public junior colleges. The
coordinating board shall deliver a copy of each report to the
governor, the lieutenant governor, the speaker of the house of
representatives, and the chair of the standing committee of each
house of the legislature with primary jurisdiction over higher
education.
(i) Unless the authority to continue offering the
baccalaureate degree programs is continued by the legislature, a
public junior college may not:
(1) enroll a new student in a baccalaureate degree
program under the pilot project after the 2011 fall semester;
(2) offer junior-level or senior-level courses for
those degree programs after the 2015 fall semester, unless the
coordinating board authorizes the college to offer those courses;
or
(3) award a baccalaureate degree under the pilot
project after the 2015 fall semester, unless the coordinating board
approves the awarding of the degree.
(j) The coordinating board shall prescribe procedures to
ensure that each public junior college that offers a degree program
under the pilot project informs each student who enrolls in the
degree program of:
(1) the nature of the pilot project, including the
limited duration of the project; and
(2) the articulation agreement entered into under
Subsection (e) for the student's degree program.
(k) This section expires January 1, 2020.
SECTION 51. Subchapter A, Chapter 130, Education Code, is
amended by adding Section 130.0102 to read as follows:
Sec. 130.0102. MEXICAN AMERICAN STUDIES PROGRAM OR COURSE
WORK. The governing board of a public junior college district
located in one or more counties with a substantial and growing
Mexican American population shall evaluate the demand for and
feasibility of establishing a Mexican American studies program or
other course work in Mexican American studies at one or more junior
colleges in the district. With approval of the Texas Higher
Education Coordinating Board, the governing board may establish a
Mexican American studies program or other course work in Mexican
American studies at any of those colleges if the governing board
determines that such a program or course work is desirable and
feasible.
SECTION 52. Sections 61.0592, 61.0593, 61.070, and 61.071,
Education Code, are repealed.
SECTION 53. Subsection (e), Section 61.0771, Education
Code, is repealed.
SECTION 54. Sections 61.094 and 61.096, Education Code, are
repealed.
SECTION 55. Subchapter E, Chapter 61, Education Code, is
repealed.
SECTION 56. Subchapter Q, Chapter 61, Education Code, is
repealed.
SECTION 57. (a) Section 56.356, Education Code, as added
by Chapter 1261, Acts of the 77th Legislature, Regular Session,
2001, is repealed.
(b) Section 61.875, Education Code, as added by Chapter 833,
Acts of the 76th Legislature, Regular Session, 1999, is repealed.
(c) Section 61.953, Education Code, as added by Chapter
1403, Acts of the 77th Legislature, Regular Session, 2001, is
repealed.
SECTION 58. Sections 51.306 and 51.3061, Education Code,
are repealed.
SECTION 59. To achieve an orderly transition from 18 to 9
positions on the Texas Higher Education Coordinating Board, the
governor on August 31, 2003, or September 1, 2003, shall appoint
only three persons to the coordinating board for terms expiring on
August 31, 2009. On, or as soon as possible after, August 31, 2005,
the governor shall appoint only four members to the coordinating
board for terms expiring on August 31, 2011. On, or as soon as
possible after, August 31, 2007, the governor shall appoint only
two members to the coordinating board for terms expiring on August
31, 2013. As terms on the coordinating board expire on and after
August 31, 2009, the governor shall appoint three members to the
coordinating board in accordance with Section 61.022, Education
Code, as amended by this Act.
SECTION 60. The changes in law made by this Act in the
prohibitions or qualifications applying to members of the Texas
Higher Education Coordinating Board do not affect the entitlement
of a member serving on the board immediately before the effective
date of this Act to continue to serve and function as a member of the
board for the remainder of the member's term. Those changes in law
apply only to a member appointed on or after the effective date of
this Act.
SECTION 61. On the effective date of this Act:
(1) the P-16 Council replaces the joint advisory
committee as the advisory board for the Texas Higher Education
Coordinating Board and the State Board of Education;
(2) all functions and activities performed by the
joint advisory committee are transferred to the P-16 Council to the
extent consistent with the functions and duties of the P-16 Council
provided by law; and
(3) a reference in law to the joint advisory committee
that relates to providing advisory functions to the Texas Higher
Education Coordinating Board and the State Board of Education means
the P-16 Council.
SECTION 62. (a) Each general academic teaching
institution shall provide the performance data as required by
Section 61.0902, Education Code, as added by this Act, beginning
with the data for the 2003-2004 academic year.
(b) Not later than March 1, 2005, the Texas Higher Education
Coordinating Board shall publish and post on the board's Internet
site the performance data provided by the general academic teaching
institutions in this state as required by Section 61.0902,
Education Code, as added by this Act.
SECTION 63. Not later than June 1, 2004, the Texas Higher
Education Coordinating Board shall:
(1) approve the common course numbering system
required by Section 61.832, Education Code, as added by this Act;
and
(2) establish a timetable for each public institution
of higher education to phase in the inclusion of the applicable
course numbers from the common course numbering system in its
individual course catalog system.
SECTION 64. (a) The Texas Higher Education Coordinating
Board shall adopt rules for the administration of Section 51.3062,
Education Code, as added by this Act, as soon as practicable after
this Act takes effect. For that purpose, the board may adopt the
initial rules in the manner provided by law for emergency rules.
(b) The Texas Higher Education Coordinating Board, by rule,
shall provide for each institution to inform students about the
Success Initiative, including the institution's responsibilities
and the students' options and responsibilities.
SECTION 65. (a) The Texas Higher Education Coordinating
Board shall enter into a contract with the Texas Guaranteed Student
Loan Corporation to use the corporation's electronic funds transfer
system, as required by Section 52.34, Education Code, as amended by
this Act, not later than January 1, 2004.
(b) Subsection (a), Section 52.41, Education Code, as added
by this Act, applies only to a student loan issued under the Federal
Family Education Loan Program (20 U.S.C. Section 1071 et seq.), as
amended, on or after the effective date of this Act.
SECTION 66. This Act takes effect September 1, 2003.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 286 passed the Senate on
April 22, 2003, by a viva-voce vote; May 30, 2003, Senate refused
to concur in House amendments and requested appointment of
Conference Committee; May 30, 2003, House granted request of the
Senate; June 1, 2003, Senate adopted Conference Committee Report
by a viva-voce vote.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 286 passed the House, with
amendments, on May 26, 2003, by a non-record vote; May 30, 2003,
House granted request of the Senate for appointment of Conference
Committee; June 1, 2003, House adopted Conference Committee Report
by a non-record vote.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor