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A BILL TO BE ENTITLED
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AN ACT
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relating to certain academic programs and projects undertaken by |
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public institutions of higher education at an off-campus academic |
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or research site or a similar location. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 61.0512(a), Education Code, is amended |
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to read as follows: |
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(a) A new degree or certificate program may be added at an |
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institution of higher education only with specific prior approval |
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of the board. A degree or certificate program offered at an |
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off-campus academic or research site is considered a new degree or |
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certificate program if not previously offered at the off-campus |
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academic or research site. A new degree or certificate program is |
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considered approved if the board has not completed a review under |
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this section and acted to approve or disapprove the proposed |
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program before the first anniversary of the date on which an |
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institution of higher education submits a completed application for |
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approval to the board. The board may not summarily disapprove a |
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program without completing the review required by this section. |
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The board shall specify by rule the elements that constitute a |
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completed application and shall make an administrative |
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determination of the completeness of the application not later than |
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the fifth business day after receiving the application. A request |
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for additional information in support of an application that has |
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been determined administratively complete does not toll the period |
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within which the application is considered approved under this |
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section. |
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SECTION 2. Section 61.0572(d), Education Code, is amended |
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to read as follows: |
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(d) The board may review purchases of improved real property |
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added to an institution's educational and general buildings and |
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facilities inventory to determine whether the property meets the |
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standards adopted by the board for cost, efficiency, space need, |
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and space use, but subject to Section 61.0584 the purchase of the |
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improved real property is not contingent on board review or |
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approval. Standards must be adopted by the board using the |
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negotiated rulemaking procedures under Chapter 2008, Government |
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Code. If the property does not meet those standards, the board |
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shall notify the governor, the lieutenant governor, the speaker of |
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the house of representatives, the governing board of the applicable |
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institution, and the Legislative Budget Board. This subsection |
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does not impair the board's authority to collect data relating to |
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the improved real property that is added each year to the |
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educational and general buildings and facilities inventory of |
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institutions of higher education. |
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SECTION 3. Section 61.058(b), Education Code, is amended to |
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read as follows: |
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(b) The board may review all construction, repair, or |
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rehabilitation of buildings and facilities at institutions of |
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higher education to determine whether the construction, |
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rehabilitation, or repair meets the standards adopted by board rule |
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for cost, efficiency, space need, and space use, but subject to |
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Section 61.0584 the construction, rehabilitation, or repair is not |
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contingent on board review or approval. Standards must be adopted |
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by the board using the negotiated rulemaking procedures under |
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Chapter 2008, Government Code. If the construction, |
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rehabilitation, or repair does not meet those standards, the board |
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shall notify the governor, the lieutenant governor, the speaker of |
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the house of representatives, the governing boards of the |
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applicable institutions, and the Legislative Budget Board. This |
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subsection does not impair the board's authority to collect data |
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relating to the construction, repair, or rehabilitation of |
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buildings and facilities occurring each year at institutions of |
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higher education. |
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SECTION 4. Subchapter C, Chapter 61, Education Code, is |
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amended by adding Section 61.0584 to read as follows: |
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Sec. 61.0584. OFF-CAMPUS ACADEMIC OR RESEARCH SITE. (a) |
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This section does not apply to buildings and facilities that are |
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located on an off-campus academic or research site, that are to be |
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used exclusively for auxiliary enterprises, and that will not |
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require appropriations from the legislature for operation, |
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maintenance, or repair. |
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(b) Based on criteria established under Subsection (d), the |
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board shall review and shall approve or disapprove an action taken |
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by the governing board of an institution of higher education or |
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university system, through purchase, lease, or otherwise, to: |
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(1) acquire improved or unimproved real property for |
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use at a new or existing off-campus academic or research site; or |
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(2) acquire or construct a building or facility for |
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use at a site described by Subdivision (1). |
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(c) The board, using the negotiated rulemaking procedures |
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under Chapter 2008, Government Code, shall develop a procedure for |
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each institution of higher education or university system to use to |
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identify, for purposes of the board review required by this |
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section, the scope and character of projects that are proposed for: |
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(1) an off-campus academic or research site, including |
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projects relating to: |
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(A) a multi-institution teaching center (MITC); |
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(B) a medical school; |
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(C) a branch campus; |
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(D) a satellite campus; and |
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(E) a health science center; and |
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(2) any other location that is separate from the main |
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campus of an institution and that is to be used for academic or |
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research purposes. |
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(d) Using the negotiated rulemaking procedures under |
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Chapter 2008, Government Code, the board shall establish criteria |
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for reviewing and for approving or disapproving an action taken by |
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the governing board of an institution of higher education or |
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university system as described by Subsection (b). Criteria adopted |
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under this subsection must prioritize the academic and research |
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needs of institutions of higher education while preventing |
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unnecessary duplication in program offerings, faculties, and |
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physical plants. |
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(e) Information related to the board's findings and |
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determinations under this section is not subject to the required |
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disclosure under Chapter 552, Government Code. |
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(f) The board may conduct a closed meeting pursuant to |
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Section 551.072, Government Code, to deliberate the approval or |
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disapproval of any action subject to that section and taken by the |
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governing board of an institution of higher education or university |
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system as described by Subsection (b). As necessary and |
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appropriate, the board may hold its closed meeting as an emergency |
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meeting under Section 551.045, Government Code. |
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(g) The board shall report its findings and determinations |
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under this section to the governor, the lieutenant governor, the |
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speaker of the house of representatives, the Legislative Budget |
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Board, and the governing boards of the applicable institutions of |
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higher education or university systems. |
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SECTION 5. The Texas Higher Education Coordinating Board |
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shall adopt the rules required by Section 61.0584, Education Code, |
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as added by this Act, as soon as practicable following the effective |
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date of this Act, but not later than August 1, 2020. |
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SECTION 6. The changes in law made by this Act apply only to |
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a proposal for acquisition or construction made on or after the |
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effective date of this Act. A proposal for acquisition or |
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construction made before the effective date of this Act is governed |
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by the law in effect on the date the proposal was made, and the |
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former law is continued in effect for that purpose. |
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SECTION 7. This Act takes effect September 1, 2019. |