Bill Text: TX HB2432 | 2017-2018 | 85th Legislature | Comm Sub
Bill Title: Relating to certain academic programs and projects undertaken by public institutions of higher education at a location other than the institution's main campus.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Engrossed - Dead) 2017-05-21 - Returned from the House for further action [HB2432 Detail]
Download: Texas-2017-HB2432-Comm_Sub.html
| By: Raney (Senate Sponsor - Seliger) | H.B. No. 2432 | |
| (In the Senate - Received from the House May 10, 2017; | ||
| May 10, 2017, read first time and referred to Committee on Higher | ||
| Education; May 15, 2017, reported adversely, with favorable | ||
| Committee Substitute by the following vote: Yeas 7, Nays 0; | ||
| May 15, 2017, sent to printer.) | ||
| COMMITTEE SUBSTITUTE FOR H.B. No. 2432 | By: Seliger | |
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| relating to certain academic programs and projects undertaken by | ||
| public institutions of higher education at a location other than | ||
| the institution's main campus. | ||
| 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. Chapter 87, Education Code, is amended by adding | ||
| Subchapter M to read as follows: | ||
| SUBCHAPTER M. UNIVERSITY SYSTEM CENTERS | ||
| Sec. 87.881. UNIVERSITY SYSTEM CENTER IN BRAZOS COUNTY. | ||
| (a) The board of regents of The Texas A&M University System may | ||
| establish and operate a university system center in Brazos County. | ||
| (b) The programs offered at the university system center | ||
| shall be authorized in accordance with the rules of the Texas Higher | ||
| Education Coordinating Board. | ||
| (c) The board of regents of The Texas A&M University System | ||
| has the sole authority to name the university system center | ||
| authorized by this section. | ||
| SECTION 6. The changes in law made by this Act to Subchapter | ||
| C, Chapter 61, Education Code, 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 7. This Act takes effect September 1, 2017. | ||
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