Bill Text: TX SB215 | 2013-2014 | 83rd Legislature | Enrolled

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Bill Title: Relating to the continuation and functions of the Texas Higher Education Coordinating Board, including related changes to the status and functions of the Texas Guaranteed Student Loan Corporation.

Sponsorship: Slight Partisan Bill (Republican 2-1)

Status: (Passed) 2013-06-14 - Effective on 9/1/13 [SB215 Detail]

Download: Texas-2013-SB215-Enrolled.html

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S.B. No. 215

AN ACT
relating to the continuation and functions of the Texas Higher
Education Coordinating Board, including related changes to the
status and functions of the Texas Guaranteed Student Loan
Corporation.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 61.0511, Education Code, is transferred
to Subchapter G, Chapter 51, Education Code, and redesignated as
Section 51.359, Education Code, to read as follows:
Sec. 51.359 [61.0511]. ROLE AND MISSION STATEMENT. Each
institution of higher education shall develop a statement regarding
the role and mission of the institution reflecting the three
missions of higher education: teaching, research, and public
service.
SECTION 2. Section 51.406, Education Code, is amended by
adding Subsection (d) to read as follows:
(d) At least every five years, the Texas Higher Education
Coordinating Board shall reevaluate its rules and policies to
ensure the continuing need for the data requests the coordinating
board imposes on university systems, institutions of higher
education, or private or independent institutions of higher
education. The coordinating board shall consult with those
entities to identify unnecessary data requests and shall eliminate
data requests identified as unnecessary from its rules and
policies. In this subsection, "private or independent institution
of higher education" has the meaning assigned by Section 61.003.
SECTION 3. Section 52.39, Education Code, is amended to
read as follows:
Sec. 52.39. DEFAULT; SUIT. When any person who has received
or cosigned as a guarantor for a loan authorized by this chapter has
failed or refused to make as many as six monthly payments due in
accordance with an executed note, then the full amount of the
remaining principal and interest becomes due and payable
immediately, and the amount due, the person's name and [his] last
known address, and other necessary information shall be reported by
the board to the attorney general. Suit for the remaining sum shall
be instituted by the attorney general, [or any county or district
attorney acting for him, in the county of the person's residence,
the county in which is located the institution at which the person
was last enrolled, or in Travis County,] unless the attorney
general finds reasonable justification for delaying suit and so
advises the board in writing. Venue for a suit arising under this
section is exclusively conferred on a court of competent
jurisdiction in Travis County.
SECTION 4. Subchapter A, Chapter 56, Education Code, is
amended by adding Section 56.009 to read as follows:
Sec. 56.009. FINANCIAL ASSISTANCE FOR STUDENTS ENROLLED AT
WGU TEXAS OR SIMILAR ONLINE COLLEGES OR UNIVERSITIES. (a) In this
section, "general academic teaching institution" and "private or
independent institution of higher education" have the meanings
assigned by Section 61.003.
(b) The Texas Higher Education Coordinating Board shall, in
consultation with representatives of the coordinating board's
financial aid advisory committee, representatives of financial aid
offices of WGU Texas and any similar nonprofit, tax-exempt,
regionally accredited college or university operating in
accordance with a memorandum of understanding with this state
pursuant to an executive order issued by the governor and offering
competency-based, exclusively online or other distance education,
and representatives of financial aid offices of institutions of
higher education and private or independent institutions of higher
education offering online or other distance education courses and
programs similar to those offered by WGU Texas or any similar
nonprofit colleges or universities:
(1) conduct a study regarding, and prepare proposed
draft legislation for, the creation of a state-funded student
financial assistance program:
(A) that is available only to students of
nonprofit, tax-exempt, regionally accredited colleges or
universities domiciled in this state that offer competency-based,
exclusively online or other distance education; and
(B) under which the highest priority is given to
awarding grants to those eligible students who demonstrate the
greatest financial need; and
(2) not later than October 1, 2014, submit to each
standing committee of the legislature with primary jurisdiction
over higher education a report of the results of the study conducted
under Subdivision (1), together with the proposed draft legislation
prepared under that subdivision.
(c) This section expires January 1, 2016.
SECTION 5. Subdivisions (2) and (3), Section 56.301,
Education Code, are amended to read as follows:
(2) "Eligible institution" means a general academic
teaching [an] institution or a medical and dental unit [of higher
education] that offers one or more undergraduate degree or
certification programs. The term does not include a public state
college.
(3) "General academic teaching institution,"
"institution of higher education," "medical and dental unit,"
"public ["Public] junior college," "public state college," and
"public technical institute" have the meanings assigned by Section
61.003.
SECTION 6. Subsection (b), Section 56.302, Education Code,
is amended to read as follows:
(b) The purpose of this subchapter is to provide a grant of
money to enable eligible students to attend eligible [public]
institutions [of higher education] in this state.
SECTION 7. Subsections (d-1), (e), and (f), Section 56.303,
Education Code, are amended to read as follows:
(d-1) In allocating among eligible [general academic
teaching] institutions money available for initial TEXAS grants for
an academic year, the coordinating board shall ensure that each of
those institutions' proportional [percentage] share of the total
amount of money for initial grants that is allocated to eligible
[general academic teaching] institutions under this section
[subsection] for that year does not, as a result of the number of
students who establish eligibility at the institution for an
initial grant under Section 56.3041(2)(A), change from the
institution's proportional [percentage] share of the total amount
of money for initial grants that is allocated to those institutions
under this section [subsection] for the preceding academic year.
(e) In determining who should receive a TEXAS grant, the
coordinating board and the eligible institutions shall give
priority to awarding TEXAS grants to students who demonstrate the
greatest financial need and whose expected family contribution, as
determined according to the methodology used for federal student
financial aid, does not exceed 60 percent of the average statewide
amount of tuition and required fees described by Section
56.307(a). In giving priority based on financial need as required
by this subsection to students who meet the requirements for the
highest priority as provided by Subsection (f), an eligible [a
general academic teaching] institution shall determine financial
need according to the relative expected family contribution of
those students, beginning with students who have the lowest
expected family contribution.
(f) Beginning with TEXAS grants awarded for the 2013-2014
academic year, in determining who should receive an initial TEXAS
grant, each eligible [general academic teaching] institution, in
addition to giving priority as provided by Subsection (e), shall
give highest priority to students who meet the eligibility criteria
described by Section 56.3041(2)(A). If there is money available in
excess of the amount required to award an initial TEXAS grant to all
students meeting those criteria, an eligible [a general academic
teaching] institution shall make awards to other students who meet
the eligibility criteria described by Section 56.304(a)(2)(A),
provided that the institution continues to give priority to
students as provided by Subsection (e).
SECTION 8. Subsections (a) and (e-1), Section 56.304,
Education Code, are amended to read as follows:
(a) To be eligible initially for a TEXAS grant, a person who
graduated from high school before May 1, 2013, must:
(1) be a resident of this state as determined by
coordinating board rules;
(2) meet either of the following academic
requirements:
(A) be a graduate of a public or accredited
private high school in this state who graduated not earlier than the
1998-1999 school year and who completed the recommended or advanced
high school curriculum established under Section 28.002 or 28.025
or its equivalent; or
(B) have received an associate degree from a
public or private institution of higher education not earlier than
May 1, 2001;
(3) meet financial need requirements as defined by the
coordinating board;
(4) be enrolled in a baccalaureate [an undergraduate]
degree [or certificate] program at an eligible institution;
(5) be enrolled as:
(A) an entering undergraduate student for at
least three-fourths of a full course load for an entering
undergraduate student, as determined by the coordinating board, not
later than the 16th month after the date of the person's graduation
from high school; or
(B) an entering student for at least
three-fourths of a full course load for an undergraduate student as
determined by the coordinating board, not later than the 12th month
after the month the person receives an associate degree from a
public or private institution of higher education;
(6) have applied for any available financial aid or
assistance; and
(7) comply with any additional nonacademic
requirement adopted by the coordinating board under this
subchapter.
(e-1) If a person is initially awarded a TEXAS grant during
or after the 2005 fall semester, unless the person is provided
additional time during which the person may receive a TEXAS grant
under Subsection (e-2), the person's eligibility for a TEXAS grant
ends on:
(1) the fifth anniversary of the initial award of a
TEXAS grant to the person, if the person is enrolled in a degree [or
certificate] program of four years [or less]; or
(2) the sixth anniversary of the initial award of a
TEXAS grant to the person, if the person is enrolled in a degree
program of more than four years.
SECTION 9. Section 56.3041, Education Code, is amended to
read as follows:
Sec. 56.3041. INITIAL ELIGIBILITY OF PERSON GRADUATING FROM
HIGH SCHOOL ON OR AFTER MAY 1, 2013[, AND ENROLLING IN A GENERAL
ACADEMIC TEACHING INSTITUTION]. To [Notwithstanding Section
56.304(a), to] be eligible initially for a TEXAS grant, a person
graduating from high school on or after May 1, 2013, and enrolling
in an eligible [a general academic teaching] institution must:
(1) be a resident of this state as determined by
coordinating board rules;
(2) meet the academic requirements prescribed by
Paragraph (A), (B), [or] (C), or (D) as follows:
(A) be a graduate of a public or accredited
private high school in this state who completed the recommended
high school program established under Section 28.025 or its
equivalent and have accomplished any two or more of the following:
(i) graduation under the advanced high
school program established under Section 28.025 or its equivalent,
successful completion of the course requirements of the
international baccalaureate diploma program, or earning of the
equivalent of at least 12 semester credit hours of college credit in
high school through courses described in Sections 28.009(a)(1),
(2), and (3);
(ii) satisfaction of the Texas Success
Initiative (TSI) college readiness benchmarks prescribed by the
coordinating board under Section 51.3062(f) on any assessment
instrument designated by the coordinating board under Section
51.3062(c) [or (e)] or qualification for an exemption as described
by Section 51.3062(p), (q), or (q-1);
(iii) graduation in the top one-third of
the person's high school graduating class or graduation from high
school with a grade point average of at least 3.0 on a four-point
scale or the equivalent; or
(iv) completion for high school credit of
at least one advanced mathematics course following the successful
completion of an Algebra II course, as permitted by Section
28.025(b-3), or at least one advanced career and technical course,
as permitted by Section 28.025(b-2);
(B) have received an associate degree from a
public or private institution of higher education; [or]
(C) be an undergraduate student who has:
(i) previously attended another
institution of higher education;
(ii) received an initial Texas Educational
Opportunity Grant under Subchapter P for the 2014 fall semester or a
subsequent academic term;
(iii) completed at least 24 semester credit
hours at any institution or institutions of higher education; and
(iv) earned an overall grade point average
of at least 2.5 on a four-point scale or the equivalent on all
course work previously attempted; or
(D) if sufficient money is available, meet the
eligibility criteria described by Section 56.304(a)(2)(A);
(3) meet financial need requirements established by
the coordinating board;
(4) be enrolled in an undergraduate degree or
certificate program at an eligible [the general academic teaching]
institution;
(5) except as provided under rules adopted under
Section 56.304(h), be enrolled as:
(A) an entering undergraduate student for at
least three-fourths of a full course load, as determined by the
coordinating board, not later than the 16th month after the
calendar month in which the person graduated from high school;
(B) an entering undergraduate student who
entered military service not later than the first anniversary of
the date the person graduated from high school and who enrolled for
at least three-fourths of a full course load, as determined by the
coordinating board, at the eligible [general academic teaching]
institution not later than 12 months after being honorably
discharged from military service; [or]
(C) a continuing undergraduate student for at
least three-fourths of a full course load, as determined by the
coordinating board, not later than the 12th month after the
calendar month in which the person received an associate degree
from a public or private institution of higher education; or
(D) an undergraduate student described by
Subdivision (2)(C) who has never previously received a TEXAS grant;
(6) have applied for any available financial aid or
assistance; and
(7) comply with any additional nonacademic
requirements adopted by the coordinating board under this
subchapter.
SECTION 10. Subsections (b) and (d), Section 56.3042,
Education Code, are amended to read as follows:
(b) The coordinating board or the eligible institution may
require the student to forgo or repay the amount of an initial TEXAS
grant awarded to the student as described by Subsection (a) or (a-1)
if the student fails to meet the eligibility requirements described
by Subsection (a) or (a-1) [of Section 56.304(a)(2)(A),
56.3041(2)(A), 56.304(a)(2)(B), or 56.3041(2)(B)], as applicable
to the student, after the issuance of the available high school or
college transcript.
(d) A person who receives an initial TEXAS grant under
Subsection (a) or (a-1) but does not satisfy the applicable
eligibility requirement that the person was considered to have
satisfied under the applicable subsection and who is not required
to forgo or repay the amount of the grant under Subsection (b) may
become eligible to receive a subsequent TEXAS grant under Section
56.305 only by satisfying the associate degree requirement
prescribed by Section 56.304(a)(2)(B) or 56.3041(2)(B), as
applicable to the person, in addition to the requirements of
Section 56.305 at the time the person applies for the subsequent
grant.
SECTION 11. Subsection (a), Section 56.305, Education Code,
is amended to read as follows:
(a) After initially qualifying for a TEXAS grant, a person
may continue to receive a TEXAS grant during each semester or term
in which the person is enrolled at an eligible institution only if
the person:
(1) meets financial need requirements as defined by
the coordinating board;
(2) is enrolled in a baccalaureate [an undergraduate]
degree [or certificate] program at an eligible institution;
(3) is enrolled for at least three-fourths of a full
course load for an undergraduate student, as determined by the
coordinating board;
(4) makes satisfactory academic progress toward a
baccalaureate [an undergraduate] degree [or certificate]; and
(5) complies with any additional nonacademic
requirement adopted by the coordinating board.
SECTION 12. Section 56.306, Education Code, is amended to
read as follows:
Sec. 56.306. GRANT USE. A person receiving a TEXAS grant
may use the money to pay any usual and customary cost of attendance
at an eligible institution [of higher education] incurred by the
student. The institution may disburse all or part of the proceeds
of a TEXAS grant directly to an eligible person only if the tuition
and required fees incurred by the person at the institution have
been paid.
SECTION 13. Subsections (a), (d-1), (i-1), and (j), Section
56.307, Education Code, are amended to read as follows:
(a) The amount of a TEXAS grant for a semester or term for a
person enrolled full-time at an eligible institution [other than an
institution covered by Subsection (c) or (d)] is an [the] amount
determined by the coordinating board as the average statewide
amount of tuition and required fees that a resident student
enrolled full-time in a baccalaureate degree program would be
charged for that semester or term at general academic teaching
institutions.
(d-1) The coordinating board shall determine the average
statewide tuition and fee amounts for a semester or term of the next
academic year for purposes of this section by using the amounts of
tuition and required fees that will be charged by the [applicable]
eligible institutions for that semester or term in that academic
year. The board may estimate the amount of the charges for a
semester or term in the next academic year by an institution if the
relevant information is not yet available to the board.
(i-1) A public institution of higher education may elect to
award a TEXAS grant to any student in an amount that is less than the
applicable amount established under Subsection (a)[, (c), (d),] or
(e).
(j) A public institution of higher education shall use other
available sources of financial aid, other than a loan, to cover any
difference in the amount of a TEXAS grant awarded to the student and
the actual amount of tuition and required fees at the institution if
the difference results from:
(1) a reduction in the amount of a TEXAS grant under
Subsection (i-1); or
(2) a deficiency in the amount of the grant as
established under Subsection (a)[, (c), (d),] or (e), as
applicable, to cover the full amount of tuition and required fees
charged to the student by the institution.
SECTION 14. Subdivisions (2) and (3), Section 56.451,
Education Code, are amended to read as follows:
(2) "Eligible institution" means:
(A) a general academic teaching institution,
other than a public state college [an institution of higher
education]; [or]
(B) a medical and dental unit that offers
baccalaureate degrees; or
(C) a private or independent institution of
higher education that offers baccalaureate degree programs.
(3) "General academic teaching institution," "medical
and dental unit," "private or independent institution of higher
education," and "public state [junior] college," [and "public
technical institute"] have the meanings assigned by Section 61.003.
SECTION 15. Subsection (b), Section 56.452, Education Code,
is amended to read as follows:
(b) The purpose of this subchapter is to provide no-interest
loans to eligible students to enable those students to earn
baccalaureate degrees at [attend all] public and private or
independent institutions of higher education in this state.
SECTION 16. Section 56.453, Education Code, is amended by
adding Subsections (d), (e), and (f) to read as follows:
(d) The coordinating board, in collaboration with eligible
institutions and other appropriate entities, shall adopt and
implement measures to:
(1) improve student participation in the Texas
B-On-time loan program, including strategies to better inform
students and prospective students about the program; and
(2) improve the rate of student satisfaction of the
requirements for obtaining Texas B-On-time loan forgiveness.
(e) The coordinating board, in collaboration with eligible
institutions and appropriate nonprofit or college access
organizations, shall:
(1) educate students regarding the eligibility
requirements for forgiveness of Texas B-On-time loans;
(2) ensure that students applying for or receiving a
Texas B-On-time loan understand their responsibility to repay any
portion of the loan that is not forgiven;
(3) ensure that students who are required to repay
Texas B-On-time loans receive and understand information regarding
loan default prevention strategies; and
(4) through an in-person or online loan counseling
module, provide loan repayment and default prevention counseling to
students receiving Texas B-On-time loans.
(f) Notwithstanding Subsection (e)(4), the following
eligible institutions shall provide the loan repayment and default
prevention counseling described by that subdivision to all Texas
B-On-time loan recipients enrolled at those institutions:
(1) each institution with a Texas B-On-time loan
default rate that exceeds the statewide average default rate for
such loans; and
(2) each institution with a Texas B-On-time loan
forgiveness rate that is less than 50 percent of the statewide
average forgiveness rate for such loans.
SECTION 17. Section 56.455, Education Code, is amended to
read as follows:
Sec. 56.455. INITIAL ELIGIBILITY FOR LOAN. To be eligible
initially for a Texas B-On-time loan, a person must:
(1) be a resident of this state under Section 54.052 or
be entitled, as a child of a member of the armed forces of the United
States, to pay tuition at the rate provided for residents of this
state under Section 54.241;
(2) meet one of the following academic requirements:
(A) be a graduate of a public or private high
school in this state who graduated not earlier than the 2002-2003
school year under the recommended or advanced high school program
established under Section 28.025(a) or its equivalent;
(B) be a graduate of a high school operated by the
United States Department of Defense who:
(i) graduated from that school not earlier
than the 2002-2003 school year; and
(ii) at the time of graduation from that
school was a dependent child of a member of the armed forces of the
United States; or
(C) have received an associate degree from an
[eligible] institution of higher education or private or
independent institution of higher education not earlier than May 1,
2005;
(3) be enrolled for a full course load for an
undergraduate student, as determined by the coordinating board, in
a baccalaureate [an undergraduate] degree [or certificate] program
at an eligible institution;
(4) be eligible for federal financial aid, except that
a person is not required to meet any financial need requirement
applicable to a particular federal financial aid program; and
(5) comply with any additional nonacademic
requirement adopted by the coordinating board under this
subchapter.
SECTION 18. Subsection (a), Section 56.456, Education Code,
is amended to read as follows:
(a) After initially qualifying for a Texas B-On-time loan, a
person may continue to receive a Texas B-On-time loan for each
semester or term in which the person is enrolled at an eligible
institution only if the person:
(1) is enrolled for a full course load for an
undergraduate student, as determined by the coordinating board, in
a baccalaureate [an undergraduate] degree [or certificate] program
at an eligible institution;
(2) is eligible for federal financial aid, except that
a person is not required to meet any financial need requirement
applicable to a particular federal financial aid program;
(3) makes satisfactory academic progress toward a
degree [or certificate] as determined by the institution at which
the person is enrolled, if the person is enrolled in the person's
first academic year at the institution;
(4) completed at least 75 percent of the semester
credit hours attempted by the person in the most recent academic
year and has a cumulative grade point average of at least 2.5 on a
four-point scale or the equivalent on all coursework previously
attempted at institutions of higher education or private or
independent institutions of higher education, if the person is
enrolled in any academic year after the person's first academic
year; and
(5) complies with any additional nonacademic
requirement adopted by the coordinating board.
SECTION 19. Subsections (a), (b), and (f), Section 56.459,
Education Code, are amended to read as follows:
(a) The amount of a Texas B-On-time loan for a semester or
term for a student enrolled full-time at an eligible institution
other than an institution covered by Subsection (b)[, (c), or (d)]
is an amount determined by the coordinating board as the average
[statewide] amount of tuition and required fees that a resident
student enrolled full-time in a baccalaureate [an undergraduate]
degree program would be charged for that semester or term at general
academic teaching institutions.
(b) The amount of a Texas B-On-time loan for a student
enrolled full-time at a private or independent institution of
higher education is an amount determined by the coordinating board
as the average statewide amount of tuition and required fees that a
resident student enrolled full-time in a baccalaureate [an
undergraduate] degree program would be charged for that semester or
term at general academic teaching institutions.
(f) If in any academic year the amount of money in the Texas
B-On-time student loan account, other than money appropriated to
the account exclusively for loans at eligible institutions that are
private or independent institutions of higher education, is
insufficient to provide the loans in the amount determined under
Subsection (a) to all eligible persons at eligible institutions
that are institutions of higher education [in amounts specified by
this section], the coordinating board shall determine the amount of
that available money and shall allocate that amount to those
eligible institutions in proportion to the amount of tuition set
aside by [number of full-time equivalent undergraduate students
enrolled at] each of those institutions under Section 56.465 for
the preceding academic year, and each of those institutions shall
determine the amount of each loan awarded at that institution, not
to exceed the amount determined under Subsection (a). In the manner
prescribed by the coordinating board for purposes of this
subsection, each eligible institution that is a private or
independent institution of higher education is entitled to receive
an allocation only from the general revenue appropriations made for
that academic year to eligible private or independent institutions
of higher education for the purposes of this subchapter. Each
institution shall use the money allocated to award Texas B-On-time
loans to eligible students enrolled at the institution selected
according to financial need.
SECTION 20. Subsection (a), Section 56.460, Education Code,
is amended to read as follows:
(a) The coordinating board, in consultation with all
eligible institutions, shall prepare materials designed to inform
prospective students, their parents, and high school counselors
about the program and eligibility for a Texas B-On-time loan. The
coordinating board shall distribute to each eligible institution
and to each school district a copy of the materials prepared [rules
adopted] under this subchapter.
SECTION 21. Sections 56.461 and 56.462, Education Code, are
amended to read as follows:
Sec. 56.461. LOAN PAYMENT DEFERRED. The repayment of a
Texas B-On-time loan received by a student under this subchapter is
deferred as long as the student remains continuously enrolled in a
baccalaureate [an undergraduate] degree [or certificate] program
at an eligible institution.
Sec. 56.462. LOAN FORGIVENESS. A student who receives a
Texas B-On-time loan shall be forgiven the amount of the student's
loan if the student is awarded a baccalaureate [an undergraduate
certificate or] degree at an eligible institution with a cumulative
grade point average of at least 3.0 on a four-point scale or the
equivalent:
(1) within:
(A) four calendar years after the date the
student initially enrolled in an [the] institution of higher
education or private or independent institution of higher education
[or another eligible institution] if[:
[(i) the institution is a four-year
institution; and
[(ii)] the student is awarded a degree
other than a degree in engineering, architecture, or any other
program determined by the coordinating board to require more than
four years to complete; or
(B) five calendar years after the date the
student initially enrolled in an [the] institution of higher
education or private or independent institution of higher education
[or another eligible institution] if[:
[(i) the institution is a four-year
institution; and
[(ii)] the student is awarded a degree in
engineering, architecture, or any other program determined by the
coordinating board to require more than four years to complete; [or
[(C) two years after the date the student
initially enrolled in the institution or another eligible
institution if the institution is a public junior college or public
technical institute;] or
(2) with a total number of semester credit hours,
including transfer credit hours and excluding hours earned
exclusively by examination, hours earned for a course for which the
student received credit toward the student's high school academic
requirements, and hours earned for developmental coursework that an
institution of higher education required the student to take under
Section 51.3062 or under the former provisions of Section 51.306,
that is not more than six hours more than the minimum number of
semester credit hours required to complete the [certificate or]
degree.
SECTION 22. Subchapter A, Chapter 57, Education Code, is
amended by adding Section 57.011 to read as follows:
Sec. 57.011. STATUS OF TEXAS GUARANTEED STUDENT LOAN
CORPORATION. (a) The Texas Guaranteed Student Loan Corporation is
converted as provided by this section from a public nonprofit
corporation to a nonprofit corporation under Chapter 22, Business
Organizations Code.
(b) On or immediately after September 1, 2013, to effectuate
the conversion under Subsection (a), the corporation shall file a
certificate of formation with the secretary of state or, if the
secretary of state determines it appropriate, the corporation shall
file a certificate of conversion under Chapter 10, Business
Organizations Code.
(c) The corporation as converted under this section
continues in existence uninterrupted from the date of its creation,
August 27, 1979. The secretary of state shall recognize the
continuous existence of the corporation from that date in the
certificate of formation or certificate of conversion, as
applicable.
(d) The corporation continues to serve as the designated
guaranty agency for the State of Texas under the Higher Education
Act of 1965 (20 U.S.C. Section 1001 et seq.).
(e) Student loan borrower information collected, assembled,
or maintained by the corporation is confidential and is not subject
to public disclosure.
SECTION 23. Section 57.01, Education Code, is transferred
to Section 61.002, Education Code, redesignated as Subsection (c),
Section 61.002, Education Code, and amended to read as follows:
(c) Postsecondary [Sec. 57.01. DECLARATION OF POLICY. The
legislature, giving due consideration to the historical and
continuing interest of the people of the State of Texas in
encouraging deserving and qualified persons to realize their
aspirations for education beyond high school, finds and declares
that postsecondary] education for qualified Texans [those] who
desire to pursue such [an] education [and are properly qualified
therefor] is important to the welfare and security of this state and
the nation and, consequently, is an important public purpose. The
legislature finds and declares that the state can achieve its full
economic and social potential only if every individual has the
opportunity to contribute to the full extent of the individual's
[his or her] capabilities and only when financial barriers to the
individual's [his or her] economic, social, and educational goals
are removed. In order to facilitate the removal of those barriers,
the board, in consultation with one or more nonprofit entities with
experience providing the services on a statewide basis, may [It is,
therefore, the purpose of this chapter to establish the Texas
Guaranteed Student Loan Corporation to:
[(1) administer a guaranteed student loan program to
assist qualified Texas students in receiving a postsecondary
education in this state or elsewhere in the nation; and
[(2)] provide necessary and desirable services
related to financial aid services [the loan program], including
cooperative awareness efforts with appropriate educational and
civic associations designed to disseminate postsecondary education
awareness information, including information regarding available
grant and loan programs and [student financial aid and the Federal
Family Education Loan Program, and other relevant topics including]
the prevention of student loan default.
SECTION 24. Subsection (a), Section 58.002, Education Code,
is amended to read as follows:
(a) In this chapter:
(1) "Resident physician" means a person who is
appointed a resident physician by a school of medicine in The
University of Texas System, the Texas Tech University System, The
Texas A&M University System, or the University of North Texas
System or by the Baylor College of Medicine [one of the schools of
medicine listed in Section 58.001 of this code] and who:
(A) has received a Doctor of Medicine or a Doctor
of Osteopathic Medicine degree from the Baylor College of Medicine
or from an approved school of medicine [one of the schools listed in
Section 58.001 of this code]; or
(B) is a citizen of Texas and has received a
Doctor of Medicine or a Doctor of Osteopathic Medicine degree from
some other school of medicine that is accredited by the Liaison
Committee on Medical Education or by the Bureau of Professional
Education of the American Osteopathic Association.
(2) ["Primary teaching hospital" means a hospital at
which one of the schools listed in Section 58.001 of this code
educates and trains both resident physicians and undergraduate
medical students.
[(3)] "Compensation" includes:
(A) stipends;
(B) payments, if any, for services rendered; and
(C) fringe benefits when applied to payments to
or for the benefit of resident physicians.
SECTION 25. Section 61.002, Education Code, is amended by
adding Subsection (d) to read as follows:
(d) The Texas Higher Education Coordinating Board has only
the powers expressly provided by law or necessarily implied from an
express grant of power. Any function or power not expressly granted
to the board by this code or other law in regard to the
administration, organization, control, management, jurisdiction,
or governance of an institution of higher education is reserved to
and shall be performed by the governing board of the institution,
the applicable system administration, or the institution of higher
education.
SECTION 26. Section 61.0211, Education Code, is amended to
read as follows:
Sec. 61.0211. SUNSET PROVISION. The Texas Higher Education
Coordinating Board is subject to Chapter 325, Government Code
(Texas Sunset Act). Unless continued in existence as provided by
that chapter, the board is abolished and this chapter expires
September 1, 2025 [2013].
SECTION 27. Subsection (d), Section 61.025, Education Code,
is amended to read as follows:
(d) The board shall develop and implement policies that
provide the public with a reasonable opportunity to appear before
the board and to speak on any issue under the jurisdiction of the
board, including a policy to specifically provide, as an item on the
board's agenda at each meeting, an opportunity for public comment
before the board makes a decision on any agenda item.
SECTION 28. Section 61.026, Education Code, is amended to
read as follows:
Sec. 61.026. COMMITTEES AND ADVISORY COMMITTEES. (a) The
chair [chairman] may appoint committees from the board's membership
as the chair [he] or the board considers [may find] necessary [from
time to time].
(b) The board may appoint advisory committees from outside
its membership as the board considers [it may deem] necessary.
Chapter 2110, Government Code, applies to an advisory committee
appointed by the chair or the board. The board shall adopt rules,
in compliance with Chapter 2110, Government Code, regarding an
advisory committee that primarily functions to advise the board,
including rules governing an advisory committee's purpose, tasks,
reporting requirements, and abolishment date. A board member may
not serve on a board advisory committee.
(c) The board may adopt rules under this section regarding
an advisory committee's:
(1) size and quorum requirements;
(2) qualifications for membership, including
experience requirements and geographic representation;
(3) appointment procedures;
(4) terms of service; and
(5) compliance with the requirements for open meetings
under Chapter 551, Government Code.
(d) Each advisory committee must report its recommendations
directly to the board.
SECTION 29. Subchapter B, Chapter 61, Education Code, is
amended by adding Section 61.0331 to read as follows:
Sec. 61.0331. NEGOTIATED RULEMAKING REQUIRED. The board
shall engage institutions of higher education in a negotiated
rulemaking process as described by Chapter 2008, Government Code,
when adopting a policy, procedure, or rule relating to:
(1) an admission policy regarding the common admission
application under Section 51.762, a uniform admission policy under
Section 51.807, graduate and professional admissions under Section
51.843, or the transfer of credit under Section 61.827;
(2) the allocation or distribution of funds, including
financial aid or other trusteed funds under Section 61.07761;
(3) the reevaluation of data requests under
Section 51.406; or
(4) compliance monitoring under Section 61.035.
SECTION 30. Subchapter B, Chapter 61, Education Code, is
amended by adding Section 61.035 to read as follows:
Sec. 61.035. COMPLIANCE MONITORING. (a) The board, in
consultation with affected stakeholders, shall adopt rules to
establish an agency-wide, risk-based compliance monitoring
function for:
(1) funds allocated by the board to institutions of
higher education, private or independent institutions of higher
education, and other entities, including student financial
assistance funds, academic support grants, and any other grants, to
ensure that those funds are distributed in accordance with
applicable law and board rule; and
(2) data reported by institutions of higher education
to the board and used by the board for funding or policymaking
decisions, including data used for formula funding allocations, to
ensure the data is reported accurately.
(b) For purposes of this section, student financial
assistance includes grants, scholarships, loans, and work-study.
(c) After considering potential risks and the board's
resources, the board shall review a reasonable portion of the total
funds allocated by the board and of data reported to the board. The
board shall use various levels of monitoring, according to risk,
ranging from checking reported data for errors and inconsistencies
to conducting comprehensive audits, including site visits.
(d) In developing the board's risk-based approach to
compliance monitoring under this section, the board shall consider
the following factors relating to an institution of higher
education or private or independent institution of higher
education:
(1) the amount of student financial assistance or
grant funds allocated to the institution by the board;
(2) whether the institution is required to obtain and
submit an independent audit;
(3) the institution's internal controls;
(4) the length of time since the institution's last
desk review or site visit;
(5) past misuse of funds or misreported data by the
institution;
(6) in regard to data verification, whether the data
reported to the board by the institution is used for determining
funding allocations; and
(7) other factors as considered appropriate by the
board.
(e) The board shall train compliance monitoring staff to
ensure that the staff has the ability to monitor both funds
compliance and data reporting accuracy. Program staff in other
board divisions who conduct limited monitoring and contract
administration shall coordinate with the compliance monitoring
function to identify risks and avoid duplication.
(f) If the board determines through its compliance
monitoring function that funds awarded by the board to an
institution of higher education or private or independent
institution of higher education have been misused or misallocated
by the institution, the board shall present its determination to
the institution's governing board, or to the institution's chief
executive officer if the institution is a private or independent
institution of higher education, and provide an opportunity for a
response from the institution. Following the opportunity for
response, the board shall report its determination and the
institution's response, together with any recommendations, to the
institution's governing board or chief executive officer, as
applicable, the governor, and the Legislative Budget Board.
(g) If the board determines through its compliance
monitoring function that an institution of higher education has
included errors in the institution's data reported for formula
funding, the board:
(1) for a public junior college, may adjust the
appropriations made to the college for a fiscal year as necessary to
account for the corrected data; and
(2) for a general academic teaching institution, a
medical and dental unit, or a public technical institute, shall
calculate a revised appropriation amount for the applicable fiscal
year based on the corrected data and report that revised amount to
the governor and Legislative Budget Board for consideration as the
basis for budget execution or other appropriate action, and to the
comptroller.
(h) In conducting the compliance monitoring function under
this section, the board may partner with internal audit offices at
institutions of higher education and private or independent
institutions of higher education, as institutional resources
allow, to examine the institutions' use of funds allocated by, and
data reported to, the board. To avoid duplication of effort and
assist the board in identifying risk, an internal auditor at an
institution shall notify the board of any audits conducted by the
auditor involving funds administered by the board or data reported
to the board. The board by rule may prescribe the timing and format
of the notification required by this subsection. The board by rule
shall require a private or independent institution of higher
education to provide to the board the institution's external audit
involving funds administered by the board. The private or
independent institution of higher education's external audit must
comply with the board's rules for auditing those funds.
(i) The board may seek technical assistance from the state
auditor in establishing the compliance monitoring function under
this section. The state auditor may periodically audit the board's
compliance monitoring function as the state auditor considers
appropriate.
(j) In this section:
(1) "Desk review" means an administrative review by
the board that is based on information reported by an institution of
higher education or private or independent institution of higher
education, including supplemental information required by the
board for the purposes of compliance monitoring, except that the
term does not include information or accompanying notes gathered by
the board during a site visit.
(2) "Site visit" means an announced or unannounced
in-person visit by a representative of the board to an institution
of higher education or private or independent institution of higher
education for the purposes of compliance monitoring.
SECTION 31. Section 61.051, Education Code, is amended by
amending Subsections (a), (a-1), (a-2), and (a-3) and adding
Subsection (a-5) to read as follows:
(a) The board represents [shall represent] the highest
authority in the state in matters of public higher education and is
charged with the duty to take an active part in promoting quality
education throughout [in the various regions of] the state by:
(1) providing a statewide perspective to ensure the
efficient and effective use of higher education resources and to
eliminate unnecessary duplication;
(2) developing and evaluating progress toward a
long-range master plan for higher education and providing analysis
and recommendations to link state spending for higher education
with the goals of the long-range master plan;
(3) collecting and making accessible data on higher
education in the state and aggregating and analyzing that data to
support policy recommendations;
(4) making recommendations to improve the efficiency
and effectiveness of transitions, including between high school and
postsecondary education, between institutions of higher education
for transfer purposes, and between postsecondary education and the
workforce; and
(5) administering programs and trusteed funds for
financial aid and other grants as necessary to achieve the state's
long-range goals and as directed by the legislature. [The board
shall be responsible for assuring that there is no discrimination
in the distribution of programs and resources throughout the state
on the basis of race, national origin, or sex.]
(a-1) The board shall develop a long-range [five-year]
master plan for higher education in this state. The [five-year]
plan shall:
(1) establish long-term, measurable goals and provide
strategies for implementing those goals;
(2) assess the higher education needs of each region
of the state;
(3) provide for regular evaluation and revision of the
plan, as the board considers necessary, to ensure the relevance of
goals and strategies; and
(4) take into account the resources of private or
independent institutions of higher education [in this state].
(a-2) The board shall establish methods for obtaining input
from stakeholders and the general public when developing or
revising [periodically review and revise] the long-range
[five-year] master plan developed under Subsection (a-1). [As a
specific element of its review, the board shall identify and
analyze the degree to which the plan reflects the continuing higher
education needs of this state, as well as any policy changes
necessary to improve overall implementation of the plan and the
fiscal impact of those changes. The board shall establish
procedures for monitoring the board's implementation of the plan,
including an analysis of the degree to which its current activities
support implementation of the plan and any change in board rules or
practices necessary to improve implementation of the plan. The
board shall identify additional strategies necessary to achieve the
goals of the plan, emphasizing implementation by institutions of
higher education and specific recommendations for the different
regions of the state. The board shall notify each institution of
higher education of all strategies for implementing the plan.]
(a-3) Not later than December 1 of each even-numbered year,
the board shall prepare and deliver a report to the governor, the
lieutenant governor, the speaker of the house of representatives,
and the standing committees of the senate and house of
representatives with primary jurisdiction over higher education
[The board shall inform the legislature on matters pertaining to
higher education, including the state's activities in the Board of
Control for Southern Regional Education, and shall report to the
legislature not later than January 1 of each odd-numbered year on
the state of higher education in Texas]. In the [biennial] report,
the board shall assess the state's progress in meeting the goals
established [stated] in the long-range master plan developed under
Subsection (a-1) and [shall] recommend legislative action,
including statutory or funding changes, to assist the state in
meeting those goals. The report must include updates on
implementation strategies provided for in the long-range master
plan [the analyses performed in connection with the board's
periodic review] under Subsection (a-1) [(a-2)].
(a-5) In conjunction with development of the long-range
master plan under Subsection (a-1), the board shall evaluate the
role and mission of each general academic teaching institution,
other than a public state college, to ensure that the roles and
missions of the institutions collectively contribute to the state's
goals identified in the master plan.
SECTION 32. Section 61.0512, Education Code, is amended to
read as follows:
Sec. 61.0512. BOARD APPROVAL OF ACADEMIC [NEW DEGREE]
PROGRAMS[; NOTIFICATION TO BOARD]. (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 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.
(b) At the time an institution of higher education [a public
senior college or university] begins preliminary planning for a new
degree program [or a new organizational unit to administer a new
degree program], the institution must [college or university shall]
notify the board before the institution may carry out that
planning[. In the implementation of this subsection, the board may
not require additional reports from the institutions].
(c) The board shall review each degree or certificate
program offered by an institution of higher education at the time
the institution requests to implement a new program to ensure that
the program:
(1) is needed by the state and the local community and
does not unnecessarily duplicate programs offered by other
institutions of higher education or private or independent
institutions of higher education;
(2) has adequate financing from legislative
appropriation, funds allocated by the board, or funds from other
sources;
(3) has necessary faculty and other resources to
ensure student success; and
(4) meets academic standards specified by law or
prescribed by board rule, including rules adopted by the board for
purposes of this section, or workforce standards established by the
Texas Workforce Investment Council.
(d) The board may review the number of degrees or
certificates awarded through a degree or certificate program every
four years or more frequently, at the board's discretion.
(e) The board shall review each degree or certificate
program offered by an institution of higher education at least
every 10 years after a new program is established using the criteria
prescribed by Subsection (c).
(f) The board may not order the consolidation or elimination
of any degree or certificate program offered by an institution of
higher education but may, based on the board's review under
Subsections (d) and (e), recommend such action to an institution's
governing board. If an institution's governing board does not
accept recommendations to consolidate or eliminate a degree or
certificate program, the university system or, where a system does
not exist, the institution, must identify the programs recommended
for consolidation or elimination on the next legislative
appropriations request submitted by the system or institution.
(g) An institution of higher education may offer off-campus
courses for credit within the state or distance learning courses
only with specific prior approval of the board. An institution must
certify to the board that a course offered for credit outside the
state meets the board's academic criteria. An institution shall
include the certification in submitting any other reports required
by the board.
(h) In approving a degree or certificate program under this
section, the board:
(1) for a doctoral program, may not consider
undergraduate graduation or persistence rates; and
(2) for a baccalaureate degree program proposed to be
offered by a public junior college previously authorized by the
board to offer baccalaureate degree programs under Section
130.0012:
(A) shall approve the degree program within 60
days after the date the board receives notice of the degree program
if the degree program:
(i) is approved by the governing board of
the junior college district; and
(ii) is not an engineering program; and
(B) is considered to have approved the degree
program after the date described by Paragraph (A) if the conditions
of that paragraph are satisfied.
SECTION 33. Subchapter C, Chapter 61, Education Code, is
amended by adding Section 61.05151 to read as follows:
Sec. 61.05151. SEMESTER CREDIT HOURS REQUIRED FOR ASSOCIATE
DEGREE. (a) To earn an associate degree, a student may not be
required by an institution of higher education to complete more
than the minimum number of semester credit hours required for the
degree by the Southern Association of Colleges and Schools or its
successor unless the institution determines that there is a
compelling academic reason for requiring the completion of
additional semester credit hours for the degree.
(b) The board may review one or more of an institution's
associate degree programs to ensure compliance with this section.
(c) Subsection (a) does not apply to an associate degree
awarded by an institution to a student enrolled in the institution
before the 2015 fall semester. This subsection does not prohibit
the institution from reducing the number of semester credit hours
the student must complete to receive the degree.
SECTION 34. Section 61.052, Education Code, is amended by
amending Subsections (a) and (b) and adding Subsection (b-1) to
read as follows:
(a) Each governing board shall submit to the board once each
year on dates designated by the board a comprehensive list by
department, division, and school of all courses, together with a
description of content, scope, and prerequisites of all these
courses, that will be offered by each institution under the
supervision of that governing board during the following academic
year. The list for each institution must also specifically
identify any course included in the common course numbering system
under Section 61.832 that has been added to or removed from the
institution's list for the current academic year, and the board
shall distribute that information as necessary to accomplish the
purposes of Section 61.832.
(b) After the comprehensive list of courses is submitted by
a governing board under Subsection (a) [of this section], the
governing board shall submit on dates designated by the board any
changes in the comprehensive list of courses to be offered,
including any changes relating to offering a course included in the
common course numbering system.
(b-1) Each governing board must certify at the time of
submission under Subsection (a) that the institution does not:
(1) prohibit the acceptance of transfer credit based
solely on the accreditation of the sending institution; or
(2) include language in any materials published by the
institution, whether in printed or electronic form, suggesting that
such a prohibition exists.
SECTION 35. The heading to Section 61.055, Education Code,
is amended to read as follows:
Sec. 61.055. [INITIATION OF NEW DEPARTMENTS, SCHOOLS, AND
PROGRAMS;] PARTNERSHIPS OR AFFILIATIONS.
SECTION 36. Subsection (a), Section 61.055, Education Code,
is amended to read as follows:
(a) The board shall encourage cooperative programs and
agreements among institutions of higher education, including
programs and agreements relating to degree offerings, research
activities, and library and computer sharing. [Except as otherwise
provided by law, a new department, school, or degree or certificate
program approved by the board or its predecessor, the Texas
Commission on Higher Education, may not be initiated by any
institution of higher education until the board has made a written
finding that the department, school, or degree or certificate
program is adequately financed by legislative appropriation, by
funds allocated by the board, or by funds from other sources.]
SECTION 37. Subsection (l), Section 61.051, Education Code,
is transferred to Subchapter C, Chapter 61, Education Code,
redesignated as Section 61.0571, Education Code, and amended to
read as follows:
Sec. 61.0571. BOARD ASSISTANCE TO INSTITUTIONS.
(a) [(l)] The board shall advise and offer technical assistance on
the request of any institution of higher education or system
administration.
SECTION 38. Subsection (n), Section 61.051, Education Code,
is transferred to Section 61.0571, Education Code, as added by this
Act, and redesignated as Subsection (b), Section 61.0571, Education
Code, to read as follows:
(b) [(n)] The board shall develop guidelines for
institutional reporting of student performance.
SECTION 39. Subsections (b), (d), and (e), Section 61.0572,
Education Code, are amended to read as follows:
(b) The board shall:
(1) determine formulas for space utilization in all
educational and general buildings and facilities at institutions of
higher education;
(2) devise and promulgate methods to assure maximum
daily and year-round use of educational and general buildings and
facilities, including but not limited to maximum scheduling of day
and night classes and maximum summer school enrollment;
(3) consider plans for selective standards of
admission when institutions of higher education approach capacity
enrollment;
(4) require, and assist the public technical
institutes, public senior colleges and universities, medical and
dental units, and other agencies of higher education in developing
long-range campus master plans for campus development;
(5) by rule adopt [endorse, or delay until the next
succeeding session of the legislature has the opportunity to
approve or disapprove, the proposed purchase of any real property
by an institution of higher education, except a public junior
college;
[(6) develop and publish] standards[, rules, and
regulations] to guide the board's review [institutions and agencies
of higher education in making application for the approval] of new
construction and the [major] repair and rehabilitation of all
buildings and facilities regardless of proposed use; and
(6) [(7)] ascertain that the board's standards and
specifications for new construction, repair, and rehabilitation of
all buildings and facilities are in accordance with Chapter 469,
Government Code [Article 9102, Revised Statutes].
(d) [(1)] The board[, for purposes of state funding,] may
review purchases of [and approve as an addition to an institution's
educational and general buildings and facilities inventory any]
improved real property added to an institution's educational and
general buildings and facilities inventory [acquired by gifts or
lease-purchase only if:
[(A) the institution requests to place the
improved real property on its educational and general buildings and
facilities inventory; and
[(B) the value of the improved real property is
more than $300,000 at the time the institution requests the
property to be added to the educational and general buildings and
facilities inventory.
[(2) This subsection does not apply to gifts, grants,
or lease-purchase arrangements intended for clinical or research
facilities.
[(e) Approval of the board is not required to acquire real
property that is financed by bonds issued under Section 55.17(e)(3)
or (4), 55.1713-55.1718, 55.1721-55.1728, 55.1735(a)(1), 55.174,
55.1742, 55.1743, 55.1744, 55.1751-55.17592, 55.1768, 55.1771, or
55.17721, except that the board shall review all real property to be
financed by bonds issued under those sections] to determine whether
the property meets the standards adopted by the board for cost,
efficiency, space need, and space use, but the purchase of the
improved real property is not contingent on board review.
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 40. Subsections (a) and (b), Section 61.058,
Education Code, are amended to read as follows:
(a) This section does not apply to [Except as provided by
Subsection (b) of this section, the board shall approve or
disapprove all new construction and repair and rehabilitation of
all buildings and facilities at institutions of higher education
financed from any source provided that:
[(A) the board's consideration and determination
shall be limited to the purpose for which the new or remodeled
buildings are to be used to assure conformity with approved space
utilization standards and the institution's approved programs and
role and mission if the cost of the project is not more than
$4,000,000, but the board may consider cost factors and the
financial implications of the project to the state if the total cost
is in excess of $4,000,000;
[(B) the requirement of approval for new
construction applies only to projects the total cost of which is in
excess of $4,000,000;
[(C) the requirement of approval for major repair
and rehabilitation of buildings and facilities applies only to a
project the total cost of which is more than $4,000,000;
[(D) the requirement of approval or disapproval
by the board does not apply to any new construction or major repair
and rehabilitation project that is specifically approved by the
legislature;
[(E) the requirement of approval by the board
does not apply to a junior college's construction, repair, or
rehabilitation financed entirely with funds from a source other
than the state, including funds from ad valorem tax receipts of the
college, gifts, grants, and donations to the college, and student
fees; and
[(F) the requirement of approval by the board
does not apply to construction, repair, or rehabilitation of
privately owned buildings and facilities located on land leased
from an institution of higher education if the construction,
repair, or rehabilitation is financed entirely from funds not under
the control of the institution, and provided further that:
[(i) the] buildings and facilities that are
to be used exclusively for auxiliary enterprises[;] and
[(ii) the buildings and facilities] will
not require appropriations from the legislature for operation,
maintenance, or repair [unless approval by the board has been
obtained].
(b) The [This section does not apply to construction,
repair, or rehabilitation financed by bonds issued under Section
55.17(e)(3) or (4), 55.1713-55.1718, 55.1721-55.1728, 55.174,
55.1742, 55.1743, 55.1744, 55.1751-55.17592, 55.1768, 55.1771, or
55.17721, except that the] board may [shall] review all
construction, repair, or rehabilitation of buildings and
facilities at institutions of higher education [to be financed by
bonds issued under those sections] to determine whether the
construction, rehabilitation, or repair meets the standards
adopted by board rule for cost, efficiency, space need, and space
use, but the construction, rehabilitation, or repair is not
contingent on board review. 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 41. Subchapter C, Chapter 61, Education Code, is
amended by adding Section 61.05821 to read as follows:
Sec. 61.05821. CONDITION OF BUILDINGS AND FACILITIES;
ANNUAL REPORT REQUIRED. Each institution of higher education,
excluding each public junior college and excluding other agencies
of higher education, annually shall report to the governing board
of the institution information regarding the condition of the
buildings and facilities of the institution, including information
concerning deferred maintenance with respect to those buildings and
facilities as defined by the board.
SECTION 42. Subsection (a-4), Section 61.051, Education
Code, is transferred to Subchapter C, Chapter 61, Education Code,
redesignated as Section 61.0661, Education Code, and amended to
read as follows:
Sec. 61.0661. OPPORTUNITIES FOR GRADUATE MEDICAL
EDUCATION. (a) [(a-4)] The board shall conduct [include in the
five-year master plan developed under Subsection (a-1)] an
assessment of the adequacy of opportunities for graduates of
medical schools in this state to enter graduate medical education
in this state. The assessment must:
(1) compare the number of first-year graduate medical
education positions available annually with the number of medical
school graduates;
(2) include a statistical analysis of recent trends in
and projections of the number of medical school graduates and
first-year graduate medical education positions in this state;
(3) develop methods and strategies for achieving a
ratio for the number of first-year graduate medical education
positions to the number of medical school graduates in this state of
at least 1.1 to 1;
(4) evaluate current and projected physician
workforce needs of this state, by total number and by specialty, in
the development of additional first-year graduate medical
education positions; and
(5) examine whether this state should ensure that a
first-year graduate medical education position is created in this
state for each new medical student position established by a
medical and dental unit.
(b) Not later than December 1 of each even-numbered year,
the board shall report the results of the assessment to the
governor, the lieutenant governor, the speaker of the house of
representatives, and the standing committees of the senate and
house of representatives with primary jurisdiction over higher
education.
SECTION 43. Subsection (h), Section 61.051, Education Code,
is transferred to Subchapter C, Chapter 61, Education Code,
redesignated as Section 61.0662, Education Code, and amended to
read as follows:
Sec. 61.0662. INFORMATION ON RESEARCH CONDUCTED BY
INSTITUTIONS. (a) [(h) The board shall make continuing studies of
the needs of the state for research and designate the institutions
of higher education to perform research as needed.] The board
shall [also] maintain an inventory of all institutional and
programmatic research activities being conducted by the various
institutions of higher education, whether state-financed or not.
(b) Once a year, on dates prescribed by the board, each
institution of higher education shall report to the board all
research conducted at that institution during the [last] preceding
year.
(c) All reports required by this section [subsection] shall
be made subject to the limitations imposed by security regulations
governing defense contracts for research.
SECTION 44. Subchapter C, Chapter 61, Education Code, is
amended by adding Section 61.069 to read as follows:
Sec. 61.069. BOARD ROLE IN ESTABLISHING BEST PRACTICES.
(a) The board may administer or oversee a program to identify best
practices only in cases where funding or other restrictions prevent
entities other than the board from administering the program.
(b) The board may initiate a new pilot project only if other
entities, including nonprofit organizations and institutions of
higher education, are not engaging in similar projects or if the
initiative cannot be performed by another entity.
(c) The board may use its position as a statewide
coordinator to assist with matching nonprofit organizations or
grant-funding entities with institutions of higher education and
private or independent institutions of higher education to
implement proven programs and best practices.
(d) The board may compile best practices and strategies
resulting from its review of external studies for use in providing
technical assistance to institutions of higher education and as the
basis for the board's statewide policy recommendations.
SECTION 45. Subchapter C, Chapter 61, Education Code, is
amended by adding Section 61.0763 to read as follows:
Sec. 61.0763. STUDENT LOAN DEFAULT PREVENTION AND FINANCIAL
AID LITERACY PILOT PROGRAM. (a) In this section, "career school
or college" has the meaning assigned by Section 132.001.
(b) Not later than January 1, 2014, the board shall
establish and administer a pilot program at selected postsecondary
educational institutions to ensure that students of those
institutions are informed consumers with regard to all aspects of
student financial aid, including:
(1) the consequences of borrowing to finance a
student's postsecondary education;
(2) the financial consequences of a student's academic
and career choices; and
(3) strategies for avoiding student loan delinquency
and default.
(c) The board shall select at least one institution from
each of the following categories of postsecondary educational
institutions to participate in the program:
(1) general academic teaching institutions;
(2) public junior colleges;
(3) private or independent institutions of higher
education; and
(4) career schools or colleges.
(d) In selecting postsecondary educational institutions to
participate in the pilot program, the board shall give priority to
institutions that have a three-year cohort student loan default
rate, as reported by the United States Department of Education:
(1) of more than 20 percent; or
(2) that has above average growth as compared to the
rates of other postsecondary educational institutions in this
state.
(e) The board, in consultation with postsecondary
educational institutions, shall adopt rules for the administration
of the pilot program, including rules governing the selection of
postsecondary educational institutions to participate in the pilot
program consistent with the requirements of Subsection (d).
(f) The board may contract with one or more entities to
administer the pilot program according to criteria established by
board rule.
(g) Not later than January 1 of each year, beginning in
2016:
(1) the board shall submit a report to the governor,
the lieutenant governor, and the speaker of the house of
representatives regarding the outcomes of the pilot program, as
reflected in the federal student loan default rates reported for
the participating institutions; and
(2) each participating institution shall submit a
report to the governor, the lieutenant governor, and the speaker of
the house of representatives regarding the outcomes of the pilot
program at the institution, as reflected in the federal student
loan default rate reported for the institution.
(h) This section expires December 31, 2020.
SECTION 46. Subchapter C, Chapter 61, Education Code, is
amended by adding Section 61.07761 to read as follows:
Sec. 61.07761. FINANCIAL AID AND OTHER TRUSTEED FUNDS
ALLOCATION. (a) For any funds trusteed to the board for
allocation to institutions of higher education and private or
independent institutions of higher education, including financial
aid program funds, the board by rule shall:
(1) establish and publish the allocation
methodologies; and
(2) develop procedures to verify the accuracy of the
application of those allocation methodologies by board staff.
(b) The board shall consult with affected stakeholders
before adopting rules under this section.
SECTION 47. Section 61.306, Education Code, is amended by
adding Subsection (c) to read as follows:
(c) The board may not issue a certificate of authority for a
private postsecondary institution to grant a professional degree or
to represent that credits earned in this state are applicable
toward a degree if the institution is chartered in a foreign country
or has its principal office or primary educational program in a
foreign country. In this subsection, "professional degree"
includes a Doctor of Medicine (M.D.), Doctor of Osteopathy (D.O.),
Doctor of Dental Surgery (D.D.S.), Doctor of Veterinary Medicine
(D.V.M.), Juris Doctor (J.D.), and Bachelor of Laws (LL.B.).
SECTION 48. The heading to Section 61.822, Education Code,
is amended to read as follows:
Sec. 61.822. TRANSFER OF CREDITS; CORE CURRICULUM.
SECTION 49. Section 61.822, Education Code, is amended by
amending Subsection (a) and adding Subsection (a-1) to read as
follows:
(a) The board shall encourage the transferability of lower
division course credit among institutions of higher education.
(a-1) The board, with the assistance of advisory committees
composed of representatives of institutions of higher education,
shall develop a recommended core curriculum of at least 42 semester
credit hours, including a statement of the content, component
areas, and objectives of the core curriculum. At least a majority
of the members of any advisory committee named under this section
shall be faculty members of an institution of higher education. An
institution shall consult with the faculty of the institution
before nominating or recommending a person to the board as the
institution's representative on an advisory committee.
SECTION 50. Subchapter C, Chapter 62, Education Code, is
amended to read as follows:
SUBCHAPTER C. TEXAS COMPETITIVE KNOWLEDGE [RESEARCH UNIVERSITY
DEVELOPMENT] FUND
Sec. 62.051. DEFINITIONS. In this subchapter:
(1) "Eligible institution" means an institution of
higher education that:
(A) is designated as a research university [or
emerging research university] under the coordinating board's
accountability system and, for any three consecutive state fiscal
years beginning on or after September 1, 2010, made total annual
research expenditures in an average annual amount of not less than
$450 million; or
(B) is designated as an emerging research
university under the coordinating board's accountability system
and, for any three consecutive state fiscal years beginning on or
after September 1, 2010, made total annual research expenditures in
an average annual amount of not less than $50 million.
(2) "Fund" means the Texas competitive knowledge fund.
(3) "Institution of higher education" has the meaning
assigned by Section 61.003.
Sec. 62.052. PURPOSE. The purpose of this subchapter is to
provide funding to eligible research universities and emerging
research universities to support faculty to ensure excellence in
instruction and research [for the recruitment and retention of
highly qualified faculty and the enhancement of research
productivity at those universities].
Sec. 62.053. FUND [FUNDING]. (a) The Texas competitive
knowledge fund consists of money [For each state fiscal year, the
coordinating board shall distribute any funds] appropriated by the
legislature for the purposes of this subchapter[, and any other
funds made available for the purposes of this subchapter,] to
eligible institutions [based on the average amount of total
research funds expended by each institution annually during the
three most recent state fiscal years, according to the following
rates:
[(1) at least $1 million for every $10 million of the
average annual amount of those research funds expended by the
institution, if that average amount for the institution is $50
million or more; and
[(2) at least $500,000 for every $10 million of the
average annual amount of those research funds expended by the
institution, if that average amount for the institution is less
than $50 million].
(b) For purposes of this section [Subsection (a)], the
amount of total research funds expended by an eligible institution
in a state fiscal year is the amount of those funds as reported to
the coordinating board by the institution for that fiscal year,
subject to any adjustment by the coordinating board in accordance
with the standards and accounting methods the coordinating board
prescribes for purposes of this section. [If the funds available
for distribution for a state fiscal year under Subsection (a) are
not sufficient to provide the amount specified by Subsection (a)
for each eligible institution or exceed the amount sufficient for
that purpose, the available amount shall be distributed in
proportion to the total amount to which each institution is
otherwise entitled under Subsection (a).]
Sec. 62.0535. INITIAL CONTRIBUTION. For the first state
fiscal biennium in which an eligible institution receives an
appropriation under this subchapter, the institution's other
general revenue appropriations shall be reduced by $5 million for
the biennium or the amount of the institution's appropriation under
this subchapter for the biennium. The bill making the
appropriation must expressly identify the purpose for which the
appropriations were reduced in accordance with this section.
[Sec. 62.054. RULES. The coordinating board shall adopt
rules for the administration of this subchapter, including any
rules the coordinating board considers necessary regarding the
submission to the coordinating board by eligible institutions of
any student data required for the coordinating board to carry out
its duties under this subchapter.]
SECTION 51. The heading to Chapter 142, Education Code, is
amended to read as follows:
CHAPTER 142. NORMAN HACKERMAN ADVANCED RESEARCH PROGRAM;
ADVANCED TECHNOLOGY PROGRAM
SECTION 52. Section 142.001, Education Code, is amended by
amending Subdivisions (1) and (4) and adding Subdivisions (1-a) and
(6) to read as follows:
(1) "Applied research" means research directed at
gaining the knowledge or understanding necessary to meet a specific
and recognized need, including the discovery of new scientific
knowledge that has specific objectives relating to products or
processes.
(1-a) "Basic research" means research the primary
object of which is to gain a fuller fundamental knowledge of the
subject under study.
(4) "Research program [Program]" means the Norman
Hackerman advanced research program established under this
chapter.
(6) "Technology program" means the advanced
technology program established under this chapter.
SECTION 53. The heading to Section 142.002, Education Code,
is amended to read as follows:
Sec. 142.002. NORMAN HACKERMAN ADVANCED RESEARCH PROGRAM;
PURPOSE.
SECTION 54. Section 143.002, Education Code, is transferred
to Chapter 142, Education Code, redesignated as Section 142.0025,
Education Code, and amended to read as follows:
Sec. 142.0025 [143.002]. ADVANCED TECHNOLOGY PROGRAM
[ESTABLISHMENT]; PURPOSE. (a) It is essential to the state's
economic growth that the state [it] exploit the potential of
technology to advance the development and growth of technology and
that industry be promoted and expanded. The advanced technology
program is established as a means to accomplish this purpose.
(b) Providing appropriated funds to faculty members of
institutions of higher education [public] and private or
independent institutions of higher education to conduct applied
research is important to the state's welfare and, consequently, is
an important public purpose for the expenditure of public funds
because the applied research will enhance the state's economic
growth by:
(1) educating the state's scientists and engineers;
(2) creating new products and production processes;
and
(3) contributing to the application of science and
technology to state businesses.
SECTION 55. Section 142.003, Education Code, is amended to
read as follows:
Sec. 142.003. ADMINISTRATION; GUIDELINES AND PROCEDURES.
(a) The coordinating board shall administer the technology program
and the research program.
(b) The coordinating board shall appoint an advisory
committee that consists of experts in the specified research areas
of both programs to advise the coordinating board regarding the
coordinating board's development of research priorities,
guidelines, and procedures for the selection of specific projects
at eligible institutions.
(c) The guidelines and procedures developed for the
research program by the coordinating board must:
(1) provide for awards on a competitive, peer review
basis for specific projects at eligible institutions; and
(2) require that, as a condition of receiving an
award, an eligible institution must use a portion of the award to
support, in connection with the project for which the award is made,
basic research conducted by:
(A) graduate or undergraduate students, if the
eligible institution is a medical and dental unit; or
(B) undergraduate students, if the eligible
institution is any other eligible institution [of higher
education].
(d) The guidelines and procedures developed for the
technology program by the coordinating board must:
(1) provide for determining whether an institution of
higher education or private or independent institution of higher
education qualifies as an eligible institution for the purposes of
the technology program by demonstrating exceptional capability to
attract federal, state, and private funding for scientific and
technical research and having an exceptionally strong research
staff and the necessary equipment and facilities; and
(2) provide for awards on a competitive, peer review
basis for specific projects at eligible institutions.
(e) The coordinating board shall encourage projects under
the technology program that leverage funds from other sources and
projects that propose innovative, collaborative efforts:
(1) across academic disciplines;
(2) among two or more eligible institutions; or
(3) between an eligible institution or institutions
and private industry.
SECTION 56. Section 143.003, Education Code, is transferred
to Chapter 142, Education Code, redesignated as Section 142.0035,
Education Code, and amended to read as follows:
Sec. 142.0035 [143.003]. TECHNOLOGY PROGRAM: PRIORITY
RESEARCH AREAS. The technology program may provide support for
faculty members to conduct research in areas determined by an
advisory panel appointed by the coordinating board. Initial
research areas shall include: agriculture, biotechnology,
biomedicine, energy, environment, materials science,
microelectronics, aerospace, marine science, aquaculture,
telecommunications, manufacturing science, environmental issues
affecting the Texas-Mexico border region, the reduction of
industrial, agricultural, and domestic water use, recycling, and
related disciplines. The advisory committee appointed under
Section 142.003(b) [panel] may add or delete priority research
areas as the advisory committee [panel] considers warranted.
SECTION 57. Section 142.004, Education Code, is amended by
amending Subsections (a) and (c) and adding Subsections (c-1) and
(f) to read as follows:
(a) The programs created under this chapter are [program is]
funded by appropriations and by gifts, grants, and donations made
for purposes of each [the] program.
(c) The funds allocated [appropriated] for the research
program may be expended to support the particular projects for
which an award is made and may not be expended for the general
support of ongoing research at an eligible institution or for the
construction or remodeling of a facility.
(c-1) The funds allocated for the technology program may be:
(1) expended to support particular research projects
for which an award is made, and may not be expended for the general
support of ongoing research and instruction at an eligible
institution or for the construction or remodeling of a facility;
and
(2) used to match a grant provided by private industry
for a particular collaborative research project with an eligible
institution.
(f) The advisory committee appointed under Section
142.003(b) shall determine when and to what extent funds
appropriated under this chapter will be allocated to each program
under this chapter unless the legislature specifies a division in
the General Appropriations Act.
SECTION 58. Sections 142.006 and 142.007, Education Code,
are amended to read as follows:
Sec. 142.006. MERIT REVIEW. (a) The coordinating board
shall appoint a committee that consists of experts in the specified
research areas to evaluate the research program's effectiveness and
report its findings to the coordinating board not later than
January 31 of each odd-numbered year.
(b) The coordinating board shall appoint a committee
consisting of representatives of higher education and private
enterprise advanced technology research organizations to evaluate
the technology program's effectiveness and report its findings to
the coordinating board not later than January 31 of each
odd-numbered year.
Sec. 142.007. CONFIDENTIALITY. Information submitted as
part of a pre-proposal or proposal or related to the evaluation and
selection of research projects to be funded by the research program
or technology program is confidential unless made public by
coordinating board rule.
SECTION 59. Section 143.0051, Education Code, is
transferred to Chapter 142, Education Code, and redesignated as
Section 142.009, Education Code, to read as follows:
Sec. 142.009 [143.0051]. APPLIED RESEARCH FOR CLEAN COAL
PROJECT AND OTHER PROJECTS FOR ELECTRICITY GENERATION. The
coordinating board shall use money available for the purpose from
legislative appropriations, including gifts, grants, and
donations, to support at one or more eligible institutions applied
research related to:
(1) the development, construction, and operation in
this state of a clean coal project, as defined by Section 5.001,
Water Code; or
(2) electricity generation using lignite coal
deposits in this state or integrated gasification combined cycle
technology.
SECTION 60. Subsection (f), Section 130.0012, Education
Code, is amended to read as follows:
(f) Each public junior college that offers a baccalaureate
degree program under this section must enter into an articulation
agreement for the first five years of the program with one or more
general academic teaching institutions to ensure that students
enrolled in the degree program have an opportunity to complete the
degree if the public junior college ceases to offer the degree
program. The coordinating board may require a general academic
teaching institution that offers a comparable degree program to
enter into an articulation agreement with the public junior college
as provided by this subsection.
SECTION 61. Subsection (f), Section 42.0421, Human
Resources Code, as added by Chapter 82 (S.B. 265), Acts of the 82nd
Legislature, Regular Session, 2011, is amended to read as follows:
(f) The training required by this section must be
appropriately targeted and relevant to the age of the children who
will receive care from the individual receiving training and must
be provided by a person who:
(1) is a training provider registered with the Texas
Early Care and Education Career Development System's Texas Trainer
Registry that is maintained by the Texas Head Start State
Collaboration Office;
(2) is an instructor at a public or private secondary
school, an [or at a public or private] institution of higher
education, as defined by Section 61.003 [61.801], Education Code,
or a private college or university accredited by a recognized
accrediting agency who teaches early childhood development or
another relevant course, as determined by rules adopted by the
commissioner of education and the commissioner of higher education;
(3) is an employee of a state agency with relevant
expertise;
(4) is a physician, psychologist, licensed
professional counselor, social worker, or registered nurse;
(5) holds a generally recognized credential or
possesses documented knowledge relevant to the training the person
will provide;
(6) is a registered family home care provider or
director of a day-care center or group day-care home in good
standing with the department, if applicable, and who:
(A) has demonstrated core knowledge in child
development and caregiving; and
(B) is only providing training at the home or
center in which the provider or director and the person receiving
training are employed; or
(7) has at least two years of experience working in
child development, a child development program, early childhood
education, a childhood education program, or a Head Start or Early
Head Start program and:
(A) has been awarded a Child Development
Associate (CDA) credential; or
(B) holds at least an associate's degree in child
development, early childhood education, or a related field.
SECTION 62. The following provisions of the Education Code
are repealed:
(1) Chapters 144, 147, 148, and 152;
(2) Subchapters J, M, Q, and X, Chapter 51;
(3) Subchapters B and D, Chapter 57;
(4) Subchapters K, P, Q, U, and W, Chapter 61;
(5) Section 51.916; Subsection (f), Section 52.17;
Section 52.56; Subsections (c) and (d), Section 56.307; Subsection
(d), Section 56.456; Subsections (c) and (d), Section 56.459;
Subsection (e), Section 56.407; Subsections (b), (c), (d), and (e),
Section 58.002; Section 61.0573; and Subsection (c), Section
61.058;
(6) Subdivisions (1) and (3), Section 57.02;
(7) Sections 57.41, 57.42, 57.43, 57.44, 57.45, 57.46,
57.461, 57.47, 57.471, 57.481, 57.50, 58.001, 58.003, 58.004, and
58.005;
(8) Subsections (b), (c), (d), (e), (f), (g), (i),
(j), (k), (m), (o), (p), and (q), Section 61.051;
(9) Subsections (i) and (i-1), Section 61.059;
Sections 61.0591, 61.0631, and 61.066; Subsection (d), Section
61.0761; Sections 61.078, 61.088, and 61.660; and Subsection (c),
Section 62.096; and
(10) Sections 143.001, 143.004, 143.005, 143.007, and
143.008.
SECTION 63. The changes in law made by this Act to Section
52.39, Education Code, apply only to a suit filed under that section
on or after the effective date of this Act. A suit filed under
Section 52.39, Education Code, before the effective date of this
Act is governed by the law in effect on the date the suit is filed,
and the former law is continued in effect for that purpose.
SECTION 64. (a) The change in law made by this Act to
Subchapter M, Chapter 56, Education Code, applies beginning with
TEXAS grants awarded for the 2014 fall semester. Grants awarded for
a semester or term before the 2014 fall semester are governed by the
applicable law in effect immediately before the effective date of
this Act, and the former law is continued in effect for that
purpose.
(b) Notwithstanding Subsection (a) of this section, a
student who first receives a TEXAS grant for attendance at a public
junior college, public state college, or public technical institute
for a semester or other academic term before the 2014 fall semester
may continue to receive a TEXAS grant under Subchapter M, Chapter
56, Education Code, as that subchapter existed immediately before
the effective date of this Act, as long as the student remains
eligible for a TEXAS grant under the former law, and, if eligible,
may continue to receive a TEXAS grant if the student enrolls at an
eligible institution under Subchapter M, Chapter 56, Education
Code, as amended by this Act. The Texas Higher Education
Coordinating Board shall adopt rules to administer this subsection
and shall notify each student who receives a TEXAS grant in the
2013-2014 academic year of the provisions of this subsection.
SECTION 65. (a) The change in law made by this Act in
amending Subchapter Q, Chapter 56, Education Code, applies
beginning with Texas B-On-time loans awarded for the 2014-2015
academic year.
(b) Notwithstanding Subsection (a) of this section, a
student who first receives a Texas B-On-time loan for a semester or
other academic term before the 2014 fall semester may continue to
receive Texas B-On-time loans under Subchapter Q, Chapter 56,
Education Code, as that subchapter existed immediately before the
effective date of this Act, as long as the student remains eligible
for a Texas B-On-time loan under the former law, and is entitled to
obtain forgiveness of the loans as permitted by Section 56.462,
Education Code, as that section existed immediately before the
effective date of this Act. The Texas Higher Education
Coordinating Board shall adopt rules to administer this subsection
and shall notify each student who receives a Texas B-On-time loan in
the 2013-2014 academic year of the provisions of this subsection.
SECTION 66. The changes in law made by this Act to Section
61.052, Education Code, apply to the comprehensive lists of courses
offered by public institutions of higher education beginning with
lists required to be submitted for the 2014-2015 academic year.
Course lists for an academic year before that academic year are
covered by the law in effect before the effective date of this Act,
and that law is continued in effect for that purpose.
SECTION 67. The Texas Higher Education Coordinating Board
shall adopt rules for the administration of Section 61.0763,
Education Code, as added by this Act, as soon as practicable after
this Act takes effect. For that purpose, the coordinating board may
adopt the initial rules in the manner provided by law for emergency
rules.
SECTION 68. The Texas Higher Education Coordinating Board
shall adopt rules as required by Section 61.07761, Education Code,
as added by this Act, as soon as practicable after this Act takes
effect. For that purpose, the coordinating board may adopt the
initial rules in the manner provided by the law for emergency rules.
SECTION 69. This Act takes effect September 1, 2013.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 215 passed the Senate on
April 11, 2013, by the following vote: Yeas 30, Nays 1;
May 20, 2013, Senate refused to concur in House amendments and
requested appointment of Conference Committee; May 21, 2013, House
granted request of the Senate; May 25, 2013, Senate adopted
Conference Committee Report by the following vote: Yeas 31,
Nays 0.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 215 passed the House, with
amendments, on May 16, 2013, by the following vote: Yeas 143,
Nays 2, one present not voting; May 21, 2013, House granted request
of the Senate for appointment of Conference Committee;
May 26, 2013, House adopted Conference Committee Report by the
following vote: Yeas 135, Nays 5, two present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor