By: Watson  S.B. No. 1470
         (In the Senate - Filed March 12, 2015; March 19, 2015, read
  first time and referred to Committee on Higher Education;
  April 13, 2015, reported adversely, with favorable Committee
  Substitute by the following vote:  Yeas 7, Nays 0; April 13, 2015,
  sent to printer.)
Click here to see the committee vote
 
  COMMITTEE SUBSTITUTE FOR S.B. No. 1470 By:  West
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to the establishment of state authorization reciprocity
  agreements for postsecondary distance learning courses.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter C, Chapter 61, Education Code, is
  amended by adding Section 61.05121 to read as follows:
         Sec. 61.05121.  STATE AUTHORIZATION RECIPROCITY AGREEMENT.
  (a)  The board on behalf of the state may enter into a state
  authorization reciprocity agreement among states, districts, and
  territories regarding the delivery of postsecondary distance
  education that establishes comparable standards for the provision
  of distance education by public or private degree-granting
  postsecondary educational institutions in each of the states,
  districts, or territories covered by the agreement to students of
  the other states, districts, or territories covered under the
  agreement. The board shall apply to an appropriate organization
  for that purpose.
         (b)  The board shall administer an agreement entered into
  under this section, including by:
               (1)  establishing an application and approval process
  for a degree-granting postsecondary educational institution with
  its principal campus located in this state to participate under the
  agreement; and
               (2)  maintaining a dispute resolution procedure for
  complaints regarding participating postsecondary educational
  institutions located in this state.
         (c)  If the board obtains evidence that a public or private
  postsecondary educational institution established outside this
  state that is providing courses within this state under a state
  authorization reciprocity agreement established under this section
  is in apparent violation of the agreement or of this code or rules
  adopted under this section, the board shall take appropriate action
  to terminate the institution's operation within this state.
         (d)  The board shall adopt rules to administer this section.
         SECTION 2.  Section 61.401(2), Education Code, is amended to
  read as follows:
               (2)  "Coordinating board [Board]" means the Texas
  Higher Education Coordinating Board[, Texas College and University
  System].
         SECTION 3.  Section 61.402, Education Code, is amended to
  read as follows:
         Sec. 61.402.  REQUISITE APPROVAL.  (a)  Public institutions
  of higher education established outside the boundaries of the State
  of Texas must have the approval of the coordinating board before
  offering a course or a grouping of courses within the State of
  Texas.
         (b)  Notwithstanding Subsection (a), a public institution of
  higher education established outside the boundaries of the State of
  Texas may offer a course within this state without the approval of
  the coordinating board if the course is provided in accordance with
  a state authorization reciprocity agreement established under
  Section 61.05121.
         SECTION 4.  Section 61.404, Education Code, is amended to
  read as follows:
         Sec. 61.404.  PROCEDURES IN CASE OF VIOLATION. If the
  coordinating board obtains evidence that a public institution of
  higher education established outside the boundaries of the State of
  Texas is in apparent violation of this subchapter or of rules and
  regulations adopted pursuant to this subchapter, the coordinating
  board shall take appropriate action to terminate its operation
  within the boundaries of the State of Texas regardless of whether
  the institution participates in a state authorization reciprocity
  agreement established under Section 61.05121.
         SECTION 5.  Not later than September 1, 2016, the Texas
  Higher Education Coordinating Board shall develop and submit to the
  Southern Regional Education Board or other appropriate
  organization a plan and application for entering into a state
  authorization reciprocity agreement.
         SECTION 6.  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.
 
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