BILL ANALYSIS

C.S.H.B. 1384

By: Davis, Sarah

Higher Education

Committee Report (Substituted)

BACKGROUND AND PURPOSE

Interested parties suggest that additional efforts are needed to address the ongoing shortage of health care providers in Texas. According to the parties, several states, including Texas, allow some public junior colleges to offer four-year degrees, and the parties note that a small number of public junior colleges in Texas currently offer baccalaureate degree programs in applied technology. C.S.H.B. 1384 seeks to extend the junior college baccalaureate degree program in Texas to the field of nursing and provide for Texas Higher Education Coordinating Board approval of such degree programs.

CRIMINAL JUSTICE IMPACT

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

RULEMAKING AUTHORITY

It is the committee's opinion that rulemaking authority is expressly granted to the Texas Higher Education Coordinating Board in SECTION 1 of this bill.

ANALYSIS

C.S.H.B. 1384 amends the Education Code to remove the requirement that the Texas Higher Education Coordinating Board authorize public junior colleges to offer baccalaureate degree programs in the fields of applied science and applied technology and to instead authorize the coordinating board to authorize public junior college offerings of baccalaureate degree programs in those same fields and in the field of nursing.

C.S.H.B. 1384 authorizes the coordinating board to authorize baccalaureate degree programs at one or more public junior colleges that offer a degree program in the field of nursing and have demonstrated a workforce need. The bill authorizes a baccalaureate degree program created under this authorization to be funded solely by the public junior college's proportionate share of state appropriations, local funds, and private sources for the first two years in which the degree program is offered and expressly does not require the legislature to appropriate state funds to support the degree program for those years. The bill limits state appropriations for the degree program for the third, fourth, and fifth years in which the degree program is offered to 50 percent of the total amount of funds required to support the degree program.

C.S.H.B. 1384 removes the limit on the number of baccalaureate degree programs a public junior college may offer at any time. The bill requires the coordinating board, in determining what baccalaureate degree programs are to be offered at a public junior college, to apply the same criteria and standards the coordinating board uses to approve baccalaureate degree programs at general academic teaching institutions. The bill also expands the factors the coordinating board must consider in making the determination to include consideration of whether an associate degree program offered by the junior college in the same field as that of the proposed baccalaureate degree program has been successful, whether a partnership with other institutions of higher education in offering a public junior college baccalaureate degree program is possible, and whether the junior college has a taxable property valuation of not less than $2.5 billion in the next preceding year. The bill clarifies that the coordinating board's consideration of the need for the degree programs in the region served by the junior college is a consideration of the workforce need for the program and that the coordinating board's consideration of the junior college's ability to support the program is a consideration of its ability to support the program with student enrollment.

C.S.H.B. 1384 removes the requirement that each public junior college offering a baccalaureate degree program prepare a biennial report on the operation and effectiveness of the junior college's baccalaureate degree programs and deliver a copy of the report to the coordinating board and instead requires each public junior college offering a baccalaureate degree program, each biennium, to conduct a review of each baccalaureate degree program offered and prepare a report on the operation, quality, and effectiveness of those programs, a copy of which is to be delivered to the coordinating board.

C.S.H.B. 1384 requires the coordinating board to adopt rules as necessary for the administration of provisions governing baccalaureate degree programs offered by public junior colleges.

EFFECTIVE DATE

On passage, or, if the bill does not receive the necessary vote, September 1, 2015.

COMPARISON OF ORIGINAL AND SUBSTITUTE

While C.S.H.B. 1384 may differ from the original in minor or nonsubstantive ways, the following comparison is organized and formatted in a manner that indicates the substantial differences between the introduced and committee substitute versions of the bill.

INTRODUCED	HOUSE COMMITTEE SUBSTITUTE
SECTION 1. Section 130.0012, Education Code, is amended by amending Subsections (a), (b), (d), (e), (g), and (h) and adding Subsections (a-1), (g-1), (k), and (l) to read as follows: (a) The Texas Higher Education Coordinating Board may [shall] authorize public junior colleges to offer baccalaureate degree programs in the fields of applied science, [and] applied technology, and nursing under this section. Offering a baccalaureate degree program under this section does not otherwise alter the role and mission of a public junior college. (a-1) Each biennium, the coordinating board, in consultation with the Texas Workforce Commission, institutions of higher education, and local workforce development boards, shall identify at least three but not more than five applied science disciplines for which a baccalaureate degree program may be offered by a public junior college under this section. (b) The coordinating board: (1) shall authorize baccalaureate degree programs at each public junior college that previously participated in a pilot project to offer baccalaureate degree programs; and (2) may authorize baccalaureate degree programs at one or more public junior colleges that offer a degree program in the field of applied science or the field of nursing and have demonstrated a workforce need. (d) Baccalaureate degree programs offered [A public junior college offering a baccalaureate degree program] under this section [may not offer more than five baccalaureate degree programs at any time. The degree programs] are subject to the continuing approval of the coordinating board. (e) In determining what baccalaureate degree programs are to be offered, the coordinating board shall: (1) apply the same criteria and standards the coordinating board uses to approve baccalaureate degree programs at general academic teaching institutions; and (2) consider the following factors: (A) [(1)] the workforce need for the degree programs in the region served by the junior college; (B) [(2)] how those degree programs would complement the other programs and course offerings of the junior college and whether the associate degree program offered by the junior college in the same field has been successful; (C) [(3)] whether those degree programs would unnecessarily duplicate the degree programs offered by other institutions of higher education or whether a partnership with other institutions of higher education is possible; [and] (D) [(4)] the ability of the junior college to support the program with student enrollment and the adequacy of the junior college's facilities, faculty, administration, libraries, and other resources; and (E) whether the junior college meets the taxable property valuation amount established in Section 130.032. (g) Except as provided by Subsection (g-1), in [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 this section 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 this section 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 this section. (g-1) For the first two years in which a degree program created under Subsection (b)(2) is offered, the degree program may be funded solely by a public junior college's proportionate share of state appropriations under Section 130.003, local funds, and private sources. This subsection does not require the legislature to appropriate state funds to support a degree program created under Subsection (b)(2) for the first two years in which the degree program is offered. For the third, fourth, and fifth years in which a degree program created under Subsection (b)(2) is offered, state appropriations under Section 130.003 for the degree program may not provide more than 50 percent of the total amount of funds required to support the degree program. (h) Each biennium, each [Each] public junior college offering a baccalaureate degree program under this section shall conduct a review of each baccalaureate degree program offered and prepare a [biennial] report on the operation, quality, and effectiveness of those [the junior college's baccalaureate] degree programs. A [and shall deliver a] copy of the report shall be delivered to the coordinating board in the form and at the time determined by the coordinating board. (k) The coordinating board shall adopt rules as necessary for the administration of this section. (l) In this section, "general academic teaching institution" and "institution of higher education" have the meanings assigned by Section 61.003.	SECTION 1. Section 130.0012, Education Code, is amended by amending Subsections (a), (b), (d), (e), (g), and (h) and adding Subsections (g-1), (k), and (l) to read as follows: (a) The Texas Higher Education Coordinating Board may [shall] authorize public junior colleges to offer baccalaureate degree programs in the fields of applied science, [and] applied technology, and nursing under this section. Offering a baccalaureate degree program under this section does not otherwise alter the role and mission of a public junior college. (b) The coordinating board: (1) shall authorize baccalaureate degree programs at each public junior college that previously participated in a pilot project to offer baccalaureate degree programs; and (2) may authorize baccalaureate degree programs at one or more public junior colleges that offer a degree program in the field of nursing and have demonstrated a workforce need. (d) Baccalaureate degree programs offered [A public junior college offering a baccalaureate degree program] under this section [may not offer more than five baccalaureate degree programs at any time. The degree programs] are subject to the continuing approval of the coordinating board. (e) In determining what baccalaureate degree programs are to be offered, the coordinating board shall: (1) apply the same criteria and standards the coordinating board uses to approve baccalaureate degree programs at general academic teaching institutions; and (2) consider the following factors: (A) [(1)] the workforce need for the degree programs in the region served by the junior college; (B) [(2)] how those degree programs would complement the other programs and course offerings of the junior college and whether the associate degree program offered by the junior college in the same field has been successful; (C) [(3)] whether those degree programs would unnecessarily duplicate the degree programs offered by other institutions of higher education or whether a partnership with other institutions of higher education is possible; [and] (D) [(4)] the ability of the junior college to support the program with student enrollment and the adequacy of the junior college's facilities, faculty, administration, libraries, and other resources; and (E) whether the junior college meets the taxable property valuation amount established in Section 130.032. (g) Except as provided by Subsection (g-1), in [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 this section 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 this section 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 this section. (g-1) For the first two years in which a degree program created under Subsection (b)(2) is offered, the degree program may be funded solely by a public junior college's proportionate share of state appropriations under Section 130.003, local funds, and private sources. This subsection does not require the legislature to appropriate state funds to support a degree program created under Subsection (b)(2) for the first two years in which the degree program is offered. For the third, fourth, and fifth years in which a degree program created under Subsection (b)(2) is offered, state appropriations under Section 130.003 for the degree program may not provide more than 50 percent of the total amount of funds required to support the degree program. (h) Each biennium, each [Each] public junior college offering a baccalaureate degree program under this section shall conduct a review of each baccalaureate degree program offered and prepare a [biennial] report on the operation, quality, and effectiveness of those [the junior college's baccalaureate] degree programs. A [and shall deliver a] copy of the report shall be delivered to the coordinating board in the form and at the time determined by the coordinating board. (k) The coordinating board shall adopt rules as necessary for the administration of this section. (l) In this section, "general academic teaching institution" and "institution of higher education" have the meanings assigned by Section 61.003.
SECTION 2. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2015.	SECTION 2. Same as introduced version.