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  S.B. No. 2118
 
 
 
 
AN ACT
  relating to authorization by the Texas Higher Education
  Coordinating Board for certain public junior colleges to offer
  baccalaureate degree programs.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Chapter 130, Education Code, is amended by
  adding Subchapter L, and a heading is added to that subchapter to
  read as follows:
  SUBCHAPTER L.  BACCALAUREATE DEGREE PROGRAMS
         SECTION 2.  Section 130.0012(l), Education Code, is
  transferred to Subchapter L, Chapter 130, Education Code, as added
  by this Act, redesignated as Section 130.301, Education Code, and
  amended to read as follows:
         Sec. 130.301.  DEFINITIONS.  [(l)]  In this subchapter:
               (1)  "Coordinating board" means the Texas Higher
  Education Coordinating Board.
               (2)  "General academic teaching institution," "medical
  and dental unit," [section, "general academic teaching
  institution"] and "institution of higher education" have the
  meanings assigned by Section 61.003.
         SECTION 3.  Section 130.0012(a), Education Code, is
  transferred to Subchapter L, Chapter 130, Education Code, as added
  by this Act, redesignated as Section 130.302, Education Code, and
  amended to read as follows:
         Sec. 130.302.  BACCALAUREATE DEGREE PROGRAMS; GENERAL
  AUTHORIZATION. [(a)]  The coordinating board may [Texas Higher
  Education Coordinating Board shall] authorize public junior
  colleges to offer baccalaureate degree programs as provided by this
  subchapter [in the fields of applied science and applied technology
  under this section]. Offering a baccalaureate degree program under
  this subchapter [section] does not otherwise alter the role and
  mission of a public junior college.
         SECTION 4.  Section 130.0012(b), Education Code, is
  transferred to Subchapter L, Chapter 130, Education Code, as added
  by this Act, redesignated as Section 130.303, Education Code, and
  amended to read as follows:
         Sec. 130.303.  AUTHORIZATION FOR CERTAIN BACCALAUREATE
  DEGREE PROGRAMS. (a) [(b)]  The coordinating board shall
  authorize baccalaureate degree programs in the fields of applied
  science, applied technology, and nursing at each public junior
  college that previously participated in a pilot project to offer
  baccalaureate degree programs.
         (b)  The coordinating board may authorize baccalaureate
  degree programs at one or more public junior colleges that offer a
  degree program in the field of applied science, including a degree
  program in the field of applied science with an emphasis in early
  childhood education, applied technology, or nursing and have
  demonstrated a workforce need.
         SECTION 5.  Sections 130.0012(b-1) and (b-2), Education
  Code, are transferred to Subchapter L, Chapter 130, Education Code,
  as added by this Act, redesignated as Section 130.304, Education
  Code, and amended to read as follows:
         Sec. 130.304.  BACCALAUREATE IN DENTAL HYGIENE.  (a) [(b-1)]
  The coordinating board shall authorize [establish a pilot project
  to examine the feasibility and effectiveness of authorizing]
  baccalaureate degree programs in the field of dental hygiene at a
  public junior college that offers a degree program in that field,
  has a main campus located in the county seat of a county with a
  population greater than 200,000, and includes territory in at least
  six public school districts located in two counties. [Subsection
  (g) does not apply to junior-level and senior-level courses offered
  under this subsection. In its recommendations to the legislature
  relating to state funding for public junior colleges, the
  coordinating board shall recommend that junior-level and
  senior-level courses offered under this subsection by a public
  junior college receive the same state support as other courses
  offered by the public junior college.]
         (b) [(b-2)]  Not later than January 1, 2017, the
  coordinating board shall prepare a progress report on the
  baccalaureate degree program in the field of dental hygiene [pilot
  project] established under this section [Subsection (b-1)].  Not
  later than January 1, 2019, the coordinating board shall prepare a
  report on the effectiveness of the degree program [pilot project],
  including any recommendations for legislative action regarding the
  offering of baccalaureate degree programs in the field of dental
  hygiene by a public junior college.  The coordinating board shall
  deliver a copy of each report to the governor, the lieutenant
  governor, the speaker of the house of representatives, and the
  chair of the standing committee of each house of the legislature
  with primary jurisdiction over higher education. This subsection
  expires January 1, 2020. [Unless the authority to continue
  offering a baccalaureate degree program in the field of dental
  hygiene is continued by the legislature, a public junior college
  may not:
               [(1)     enroll a new student in a baccalaureate degree
  program under the pilot project after the 2019 fall semester;
               [(2)     offer junior-level or senior-level courses for
  those degree programs after the 2021 fall semester, unless the
  coordinating board authorizes the college to offer those courses;
  or
               [(3)     award a baccalaureate degree under the pilot
  project after the 2021 fall semester, unless the coordinating board
  approves the awarding of the degree.]
         SECTION 6.  Section 130.0012(c), Education Code, is
  transferred to Subchapter L, Chapter 130, Education Code, as added
  by this Act, redesignated as Section 130.305, Education Code, and
  amended to read as follows:
         Sec. 130.305.  ACCREDITATION.  [(c)]  A public junior
  college offering a baccalaureate degree program under this
  subchapter [section] must meet all applicable accreditation
  requirements of the Commission on Colleges of the Southern
  Association of Colleges and Schools.
         SECTION 7.  Section 130.0012(d), Education Code, is
  transferred to Subchapter L, Chapter 130, Education Code, as added
  by this Act, redesignated as Section 130.306, Education Code, and
  amended to read as follows:
         Sec. 130.306.  LIMITATION.  (a) [(d)]  A public junior
  college offering a baccalaureate degree program under Section
  130.303(a) [this section] may not offer more than five
  baccalaureate degree programs at any time.
         (b)  Except as provided by Subsection (a), a public junior
  college offering a baccalaureate degree program under this
  subchapter may not offer more than three baccalaureate degree
  programs at any time.
         (c)  Degree [The degree] programs offered under this
  subchapter are subject to the continuing approval of the
  coordinating board.
         SECTION 8.  Section 130.0012(e), Education Code, is
  transferred to Subchapter L, Chapter 130, Education Code, as added
  by this Act, redesignated as Section 130.307, Education Code, and
  amended to read as follows:
         Sec. 130.307.  REQUIREMENTS.  (a) [(e)]  In determining
  whether a public junior college may offer [what] baccalaureate
  degree programs and what degree programs may [are to] be offered,
  the coordinating board shall:
               (1)  apply the same criteria and standards the
  coordinating board uses to approve baccalaureate degree programs at
  general academic teaching institutions and medical and dental
  units; and
               (2)  consider the following factors:
                     (A) [(1)]  the workforce need for the degree
  programs in the region served by the junior college;
                     (B) [(2)]  how those degree programs would
  complement the other programs and course offerings of the junior
  college and whether the associate degree program offered by the
  junior college in the same field has been successful;
                     (C) [(3)]  whether those degree programs would
  unnecessarily duplicate the degree programs offered by other
  institutions of higher education; and
                     (D) [(4)]  the ability of the junior college to
  support the degree programs with student enrollment [program] and
  the adequacy of the junior college's facilities, faculty,
  administration, libraries, and other resources.
         (b)  A public junior college may offer a baccalaureate degree
  program under this subchapter only if its junior college district:
               (1)  had a taxable property valuation amount of not
  less than $6 billion in the preceding year; and
               (2)  received a positive assessment of the overall
  financial health of the district as reported by the coordinating
  board.
         (c)  Before a public junior college may be authorized to
  offer a baccalaureate degree program under this subchapter, the
  public junior college must submit a report to the coordinating
  board that includes:
               (1)  a long-term financial plan for receiving
  accreditation from the Commission on Colleges of the Southern
  Association of Colleges and Schools;
               (2)  a long-term plan for faculty recruitment that:
                     (A)  indicates the ability to pay the increased
  salaries of doctoral faculty;
                     (B)  identifies recruitment strategies for new
  faculty; and
                     (C)  ensures the program would not draw faculty
  employed by a neighboring institution offering a similar program;
               (3)  detailed information on the manner of program and
  course delivery; and
               (4)  detailed information regarding existing
  articulation agreements and dual enrollment agreements indicating:
                     (A)  that at least three articulation agreements
  have been established with general academic teaching institutions
  or medical and dental units, or the reasons why no articulation
  agreements have been established; and
                     (B)  that, with the agreement of the applicable
  general academic teaching institution or medical and dental unit,
  established articulation agreements are at capacity.
         (d)  The coordinating board may not authorize a public junior
  college to offer a baccalaureate degree in a field if articulation
  agreements with general academic teaching institutions or medical
  and dental units are sufficient to meet the needs of that field.
         SECTION 9.  Subchapter L, Chapter 130, Education Code, as
  added by this Act, is amended by adding Section 130.308, Education
  Code, to read as follows:
         Sec. 130.308.  SPECIAL REQUIREMENTS FOR NURSING DEGREE
  PROGRAM. (a)  In determining whether a public junior college may
  offer a baccalaureate degree program in nursing, the coordinating
  board shall:
               (1)  require a public junior college to provide
  evidence to the coordinating board and the Texas Board of Nursing
  that the public junior college has secured adequate long-term
  clinical space;
               (2)  obtain a letter from each clinical site provided
  indicating that the clinical site has not refused a similar request
  from a general academic teaching institution or medical and dental
  unit; and
               (3)  establish that the corresponding associate degree
  program offered by the public junior college has been successful as
  indicated by job placement rates and licensing exam scores.
         (b)  A baccalaureate degree program offered under this
  subchapter by a public junior college in the field of nursing must:
               (1)  be a bachelor of science degree program;
               (2)  meet the standards and criteria the Texas Board of
  Nursing uses to approve pre-licensure degree programs at general
  academic teaching institutions and medical and dental units
  regardless of whether the program is a pre-licensure or
  post-licensure program; and
               (3)  be accredited by a national nursing accrediting
  body recognized by the United States Department of Education.
         (c)  A public junior college offering a baccalaureate degree
  program in the field of nursing under this subchapter must
  demonstrate to the coordinating board that it will maintain or
  exceed the enrollment available to nursing students enrolled in an
  associate degree program at the public junior college in the
  2016-2017 academic year and must continue to maintain or exceed
  that level of enrollment in the corresponding associate degree
  program until the 2021-2022 academic year. This subsection expires
  January 1, 2023.
         SECTION 10.  Sections 130.0012(f) and (j), Education Code,
  are transferred to Subchapter L, Chapter 130, Education Code, as
  added by this Act, redesignated as Section 130.309, Education Code,
  and amended to read as follows:
         Sec. 130.309.  ARTICULATION AGREEMENT REQUIRED.
  (a) [(f)]  Each public junior college that offers a baccalaureate
  degree program under this subchapter [section] must enter into an
  articulation agreement for the first five years of the program with
  one or more general academic teaching institutions or medical and
  dental units 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 or medical and
  dental unit that offers a comparable degree program to enter into an
  articulation agreement with the public junior college as provided
  by this subsection.
         (b) [(j)]  The coordinating board shall prescribe procedures
  to ensure that each public junior college that offers a degree
  program under this subchapter [section] informs each student who
  enrolls in the degree program of the articulation agreement entered
  into under this section [Subsection (f)] for the student's degree
  program.
         SECTION 11.  Section 130.0012(g), Education Code, is
  transferred to Subchapter L, Chapter 130, Education Code, as added
  by this Act, redesignated as Section 130.310, Education Code, and
  amended to read as follows:
         Sec. 130.310.  FUNDING.  (a)  Except as provided by
  Subsection (b), a degree program created under this subchapter may
  be funded solely by a public junior college's proportionate share
  of state appropriations under Section 130.003, local funds, and
  private sources. This subsection does not require the legislature
  to appropriate state funds to support a degree program created
  under this subchapter.  The coordinating board shall weigh contact
  hours attributable to students enrolled in a junior-level or
  senior-level course offered under this subchapter used to determine
  a public junior college's proportionate share of state
  appropriations under Section 130.003 in the same manner as a lower
  division course in a corresponding field.
         (b)  Notwithstanding Subsection (a), in [(g) In] its
  recommendations to the legislature relating to state funding for
  public junior colleges, the coordinating board shall recommend that
  a public junior college authorized to offer baccalaureate degree
  programs under Section 130.303(a) or 130.304 receive substantially
  the same state support for junior-level and senior-level courses in
  the fields of applied science, applied technology, dental hygiene,
  and nursing offered under this subchapter [section] as that
  provided to a general academic teaching institution for
  substantially similar courses. For purposes of this subsection, in
  [In] determining the contact hours attributable to students
  enrolled in a junior-level or senior-level course in the field of
  applied science, applied technology, dental hygiene, or nursing
  offered under this subchapter [section] used to determine a public
  junior college's proportionate share of state appropriations under
  Section 130.003, the coordinating board shall weigh those contact
  hours as necessary to provide the junior college the appropriate
  level of state support to the extent state funds for those courses
  are included in the appropriations. This subsection does not
  prohibit the legislature from directly appropriating state funds to
  support junior-level and senior-level courses to which this
  subsection applies [offered under this section].
         (c)  A public junior college may not charge a student
  enrolled in a baccalaureate degree program offered under this
  subchapter tuition and fees in an amount that exceeds the amount of
  tuition and fees charged by the junior college to a similarly
  situated student who is enrolled in an associate degree program in a
  corresponding field. This subsection does not apply to tuition and
  fees charged for a baccalaureate degree program in the field of
  applied science or applied technology previously offered as part of
  a pilot project and offered by a public junior college authorized to
  offer baccalaureate degree programs under Section 130.303(a).
         SECTION 12.  Section 130.0012(h), Education Code, is
  transferred to Subchapter L, Chapter 130, Education Code, as added
  by this Act, redesignated as Section 130.311, Education Code, and
  amended to read as follows:
         Sec. 130.311.  REPORT.  Each biennium, each [(h)  Each]
  public junior college offering a baccalaureate degree program under
  this subchapter [section] shall conduct a review of each
  baccalaureate degree program offered and prepare a [biennial]
  report on the operation, quality, and effectiveness of those [the
  junior college's baccalaureate] degree programs. A [and shall
  deliver a] copy of the report shall be delivered to the coordinating
  board in the form and at the time determined by the coordinating
  board.
         SECTION 13.  Section 130.0012(k), Education Code, is
  transferred to Subchapter L, Chapter 130, Education Code, as added
  by this Act, redesignated as Section 130.312, Education Code, and
  amended to read as follows:
         Sec. 130.312.  RULES.  [(k)]  The coordinating board shall
  adopt rules as necessary for the administration of this subchapter
  [section].
         SECTION 14.  The heading to Section 130.0012, Education
  Code, is repealed.
         SECTION 15.  Section 130.0012(b-3), Education Code, is
  repealed.
         SECTION 16.  The changes in law made by this Act to Section
  130.0012(b-1), Education Code, redesignated as Section 130.304,
  Education Code, apply beginning with funding recommendations made
  under Subchapter L, Chapter 130, Education Code, as added by this
  Act, for the state fiscal biennium beginning September 1, 2019.
         SECTION 17.  This Act takes effect immediately if it
  receives a vote of two-thirds of all the members elected to each
  house, as provided by Section 39, Article III, Texas Constitution.  
  If this Act does not receive the vote necessary for immediate
  effect, this Act takes effect September 1, 2017.
 
 
 
 
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
         I hereby certify that S.B. No. 2118 passed the Senate on
  May 3, 2017, by the following vote:  Yeas 26, Nays 5;
  May 25, 2017, Senate refused to concur in House amendments and
  requested appointment of Conference Committee; May 26, 2017, House
  granted request of the Senate; May 28, 2017, Senate adopted
  Conference Committee Report by the following vote:  Yeas 26,
  Nays 5.
 
 
  ______________________________
  Secretary of the Senate    
 
         I hereby certify that S.B. No. 2118 passed the House, with
  amendments, on May 20, 2017, by the following vote:  Yeas 117,
  Nays 17, two present not voting; May 26, 2017, House granted
  request of the Senate for appointment of Conference Committee;
  May 28, 2017, House adopted Conference Committee Report by the
  following vote:  Yeas 134, Nays 8, three present not voting.
 
 
  ______________________________
  Chief Clerk of the House   
 
 
 
  Approved:
 
  ______________________________ 
             Date
 
 
  ______________________________ 
            Governor