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  85R8581 MM-F
 
  By: Seliger S.B. No. 828
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to certain academic programs and projects undertaken by
  public institutions of higher education at an off-campus academic
  or research site or a similar location.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 61.0512(a), Education Code, is amended
  to read as follows:
         (a)  A new degree or certificate program may be added at an
  institution of higher education only with specific prior approval
  of the board. A degree or certificate program offered at an
  off-campus academic or research site is considered a new degree or
  certificate program if not previously offered at the off-campus
  academic or research site. A new degree or certificate program is
  considered approved if the board has not completed a review under
  this section and acted to approve or disapprove the proposed
  program before the first anniversary of the date on which an
  institution of higher education submits a completed application for
  approval to the board. The board may not summarily disapprove a
  program without completing the review required by this section.
  The board shall specify by rule the elements that constitute a
  completed application and shall make an administrative
  determination of the completeness of the application not later than
  the fifth business day after receiving the application. A request
  for additional information in support of an application that has
  been determined administratively complete does not toll the period
  within which the application is considered approved under this
  section.
         SECTION 2.  Section 61.0572(d), Education Code, is amended
  to read as follows:
         (d)  The board may review purchases of improved real property
  added to an institution's educational and general buildings and
  facilities inventory to determine whether the property meets the
  standards adopted by the board for cost, efficiency, space need,
  and space use, but subject to Section 61.0584 the purchase of the
  improved real property is not contingent on board review or
  approval.  Standards must be adopted by the board using the
  negotiated rulemaking procedures under Chapter 2008, Government
  Code.  If the property does not meet those standards, the board
  shall notify the governor, the lieutenant governor, the speaker of
  the house of representatives, the governing board of the applicable
  institution, and the Legislative Budget Board.  This subsection
  does not impair the board's authority to collect data relating to
  the improved real property that is added each year to the
  educational and general buildings and facilities inventory of
  institutions of higher education.
         SECTION 3.  Section 61.058(b), Education Code, is amended to
  read as follows:
         (b)  The board may review all construction, repair, or
  rehabilitation of buildings and facilities at institutions of
  higher education to determine whether the construction,
  rehabilitation, or repair meets the standards adopted by board rule
  for cost, efficiency, space need, and space use, but subject to
  Section 61.0584 the construction, rehabilitation, or repair is not
  contingent on board review or approval. Standards must be adopted
  by the board using the negotiated rulemaking procedures under
  Chapter 2008, Government Code.  If the construction,
  rehabilitation, or repair does not meet those standards, the board
  shall notify the governor, the lieutenant governor, the speaker of
  the house of representatives, the governing boards of the
  applicable institutions, and the Legislative Budget Board.  This
  subsection does not impair the board's authority to collect data
  relating to the construction, repair, or rehabilitation of
  buildings and facilities occurring each year at institutions of
  higher education.
         SECTION 4.  Subchapter C, Chapter 61, Education Code, is
  amended by adding Section 61.0584 to read as follows:
         Sec. 61.0584.  OFF-CAMPUS ACADEMIC OR RESEARCH SITE. (a)
  This section does not apply to buildings and facilities that are
  located on an off-campus academic or research site, that are to be
  used exclusively for auxiliary enterprises, and that will not
  require appropriations from the legislature for operation,
  maintenance, or repair.
         (b)  Based on criteria established under Subsection (d), the
  board shall review and shall approve or disapprove an action taken
  by the governing board of an institution of higher education or
  university system, through purchase, lease, or otherwise, to:
               (1)  acquire improved or unimproved real property for
  use at a new or existing off-campus academic or research site; or
               (2)  acquire or construct a building or facility for
  use at a site described by Subdivision (1).
         (c)  The board, using the negotiated rulemaking procedures
  under Chapter 2008, Government Code, shall develop a procedure for
  each institution of higher education or university system to use to
  identify, for purposes of the board review required by this
  section, the scope and character of projects that are proposed for:
               (1)  an off-campus academic or research site, including
  projects relating to:
                     (A)  a multi-institution teaching center (MITC);
                     (B)  a medical school;
                     (C)  a branch campus;
                     (D)  a satellite campus; and
                     (E)  a health science center; and
               (2)  any other location that is separate from the main
  campus of an institution and that is to be used for academic or
  research purposes.
         (d)  Using the negotiated rulemaking procedures under
  Chapter 2008, Government Code, the board shall establish criteria
  for reviewing and for approving or disapproving an action taken by
  the governing board of an institution of higher education or
  university system as described by Subsection (b). Criteria adopted
  under this subsection must prioritize the academic and research
  needs of institutions of higher education while preventing
  unnecessary duplication in program offerings, faculties, and
  physical plants.
         (e)  Information related to the board's findings and
  determinations under this section is not subject to the required
  disclosure under Chapter 552, Government Code.
         (f)  The board may conduct a closed meeting pursuant to
  Section 551.072, Government Code, to deliberate the approval or
  disapproval of any action subject to that section and taken by the
  governing board of an institution of higher education or university
  system as described by Subsection (b). As necessary and
  appropriate, the board may hold its closed meeting as an emergency
  meeting under Section 551.045, Government Code.
         (g)  The board shall report its findings and determinations
  under this section to the governor, the lieutenant governor, the
  speaker of the house of representatives, the Legislative Budget
  Board, and the governing boards of the applicable institutions of
  higher education or university systems.
         SECTION 5.  The changes in law made by this Act apply only to
  a proposal for acquisition or construction made on or after the
  effective date of this Act. A proposal for acquisition or
  construction made before the effective date of this Act is governed
  by the law in effect on the date the proposal was made, and the
  former law is continued in effect for that purpose.
         SECTION 6.  This Act takes effect September 1, 2017.