Law:Title 3. Higher Education. Subtitle B. State Coordination Of Higher Education (Texas)

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Subtitle B. State Coordination Of Higher Education

Contents

Chapter 61. Texas Higher Education Coordinating Board

Subchapter A. General Provisions

Section  61.001.  Short Title.

This chapter may be cited as the Higher Education Coordinating Act of 1965.

Acts 1971, 62nd Leg., p. 3072, ch. 1024, art. 1, Sec. 1, eff. Sept. 1, 1971.



Section  61.002.  Purpose.

(a) The purpose of this chapter is to establish in the field of public higher education in the State of Texas an agency to provide leadership and coordination for the Texas higher education system, institutions, and governing boards, to the end that the State of Texas may achieve excellence for college education of its youth through the efficient and effective utilization and concentration of all available resources and the elimination of costly duplication in program offerings, faculties, and physical plants.

(b)  In the exercise of its leadership role, the Texas Higher Education Coordinating Board established by this chapter shall be an advocate for the provision of adequate resources and sufficient authority to institutions of higher education so that such institutions may realize, within their prescribed role and scope, their full potential to the benefit of the students who attend such institutions and to the benefit of the citizens of the state in terms of the realization of the benefits of an educated populace.

Acts 1971, 62nd Leg., p. 3072, ch. 1024, art. 1, Sec. 1, eff. Sept. 1, 1971. Amended by Acts 1987, 70th Leg., ch. 823, Sec. 1.01, eff. June 20, 1987.



Section  61.003.  Definitions.

In this chapter:

(1)  "Board" means the Texas Higher Education Coordinating Board.

(2)  "Public junior college" means any junior college certified by the board in accordance with Section 61.063 of this chapter.

(3)  "General academic teaching institution" means The University of Texas at Austin; The University of Texas at El Paso; The University of Texas of the Permian Basin; The University of Texas at Dallas; The University of Texas at San Antonio; Texas A&M University, Main University; The University of Texas at Arlington; Tarleton State University; Prairie View A&M University; Texas Maritime Academy; Texas Tech University; University of North Texas; Lamar University; Lamar State College--Orange; Lamar State College--Port Arthur; Texas A&M University--Kingsville; Texas A&M University--Corpus Christi; Texas Woman's University; Texas Southern University; Midwestern State University; University of Houston; University of Texas--Pan American; The University of Texas at Brownsville; Texas A&M University--Commerce; Sam Houston State University; Texas State University--San Marcos; West Texas A&M University; Stephen F. Austin State University; Sul Ross State University; Angelo State University; The University of Texas at Tyler; and any other college, university, or institution so classified as provided in this chapter or created and so classified, expressly or impliedly, by law.

(4)  "Public senior college or university" means a general academic teaching institution as defined above.

(5)  "Medical and dental unit" means The University of Texas Medical Branch at Galveston; The University of Texas Southwestern Medical Center at Dallas; The University of Texas Medical School at San Antonio; The University of Texas Dental Branch at Houston; The University of Texas M. D. Anderson Cancer Center; The University of Texas Graduate School of Biomedical Sciences at Houston; The University of Texas Dental School at San Antonio; The University of Texas Medical School at Houston; The University of Texas Health Science Center--South Texas and its component institutions, if established under Subchapter N, Chapter 74; the nursing institutions of The University of Texas System; and The University of Texas School of Public Health at Houston; and such other medical or dental schools as may be established by statute or as provided in this chapter.

(6)  "Other agency of higher education" means The University of Texas System, System Administration; Texas Western University Museum; Texas A & M University System, Administrative and General Offices; Texas Agricultural Experiment Station; Texas Agricultural Extension Service; Rodent and Predatory Animal Control Service (a part of the Texas Agricultural Extension Service); Texas Engineering Experiment Station (including the Texas Transportation Institute); Texas Engineering Extension Service; Texas Forest Service; Texas Tech University Museum; Texas State University System, System Administration; Sam Houston Memorial Museum; Panhandle-Plains Historical Museum; Cotton Research Committee of Texas; Water Resources Institute of Texas; Texas Veterinary Medical Diagnostic Laboratory; and any other unit, division, institution, or agency which shall be so designated by statute or which may be established to operate as a component part of any public senior college or university, or which may be so classified as provided in this chapter.

(7)  "Public technical institute" means the Lamar Institute of Technology or the Texas State Technical College System.

(8)  "Institution of higher education" means any public technical institute, public junior college, public senior college or university, medical or dental unit, public state college, or other agency of higher education as defined in this section.

(9)  "Governing board" means the body charged with policy direction of any public technical institute, public junior college, public senior college or university, medical or dental unit, or other agency of higher education, including but not limited to boards of directors, boards of regents, boards of trustees, and independent school district boards insofar as they are charged with policy direction of a public junior college.

(10)  "University system" means the association of one or more public senior colleges or universities, medical or dental units, or other agencies of higher education under the policy direction of a single governing board.

(11)  "Degree program" means any grouping of subject matter courses which, when satisfactorily completed by a student, will entitle him to a degree from a public senior college or university or a medical or dental unit.

(12)  "Certificate program" means a grouping of subject-matter courses which, when satisfactorily completed by a student, will entitle him to a certificate, associate degree from a technical institute or junior college, or documentary evidence, other than a degree, of completion of a course of study at the postsecondary level.

(13)  "Recognized accrediting agency" means the Southern Association of Colleges and Schools and any other association or organization so designated by the board.

(14)  "Educational and general buildings and facilities" means buildings and facilities essential to or commonly associated with teaching, research, or the preservation of knowledge, including the proportional share used for those activities in any building or facility used jointly with auxiliary enterprises. Excluded are auxiliary enterprise buildings and facilities, including but not limited to dormitories, cafeterias, student union buildings, stadiums, and alumni centers, used solely for those purposes.

(15)  "Private or independent institution of higher education" includes only a private or independent college or university that is:

(A)  organized under the Texas Non-Profit Corporation Act (Article 1396-1.01 et seq., Vernon's Texas Civil Statutes);

(B)  exempt from taxation under Article VIII, Section 2, of the Texas Constitution and Section 501(c)(3) of the Internal Revenue Code of 1986 (26 U.S.C. Section 501); and

(C)  accredited by:

(i)  the Commission on Colleges of the Southern Association of Colleges and Schools;

(ii)  the Liaison Committee on Medical Education; or

(iii)  the American Bar Association.

(16)  "Public state college" means Lamar State College--Orange, Lamar State College--Port Arthur, or the Lamar Institute of Technology.

Acts 1971, 62nd Leg., p. 3072, ch. 1024, art. 1, Sec. 1, eff. Sept. 1, 1971. Amended by Acts 1973, 63rd Leg., p. 1657, ch. 601, Sec. 3, eff. June 15, 1973; Acts 1983, 68th Leg., p. 3054, ch. 524, Sec. 4, eff. Sept. 1, 1983; Acts 1985, 69th Leg., ch. 646, Sec. 1, eff. Aug. 26, 1985; Acts 1987, 70th Leg., ch. 180, Sec. 1, eff. Aug. 31, 1987; Acts 1987, 70th Leg., ch. 823, Sec. 1.03, eff. June 20, 1987; Acts 1987, 70th Leg., ch. 1070, Sec. 4, eff. May 15, 1988; Acts 1989, 71st Leg., ch. 644, Sec. 1, eff. June 14, 1989; Acts 1989, 71st Leg., ch. 1084, Sec. 1.32, eff. Sept. 1, 1989; Acts 1991, 72nd Leg., ch. 287, Sec. 29, eff. Sept. 1, 1991; Acts 1991, 72nd Leg., ch. 305, Sec. 2, eff. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 516, Sec. 4, eff. Sept. 1, 1993; Acts 1997, 75th Leg., ch. 126, Sec. 2, eff. May 19, 1997; Acts 1997, 75th Leg., ch. 227, Sec. 4, eff. May 23, 1997; Acts 1999, 76th Leg., ch. 767, Sec. 5, eff. June 18, 1999; Acts 1999, 76th Leg., ch. 1322, Sec. 1, eff. June 18, 1999; Acts 2003, 78th Leg., ch. 386, Sec. 7, eff. Sept. 1, 2003.

Amended by:

Acts 2007, 80th Leg., R.S., Ch. 373, Sec. 1, eff. June 15, 2007.

Acts 2009, 81st Leg., R.S., Ch. 1341, Sec. 3, eff. June 19, 2009.



Subchapter B. Administrative Provisions

Section  61.021.  Establishment Of Coordinating Board: Functions.

(a) The Texas Higher Education Coordinating Board is an agency of the state. It shall have its office in Austin. It shall perform only the functions which are enumerated in this chapter and which the legislature may assign to it. Functions vested in the governing boards of the respective institutions of higher education not specifically delegated to the coordinating board shall be performed by the governing boards. The coordinating functions and other duties delegated to the board in this chapter shall apply to all public institutions of higher education.

(b)  References in this code or other law to the "coordinating board" or the "Coordinating Board, Texas College and University System," are references to the Texas Higher Education Coordinating Board.

Acts 1971, 62nd Leg., p. 3072, ch. 1024, art. 1, Sec. 1, eff. Sept. 1, 1971. Amended by Acts 1987, 70th Leg., ch. 823, Sec. 1.02, eff. June 20, 1987.



Section  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, 2015.

Added by Acts 1977, 65th Leg., p. 1853, ch. 735, Sec. 2.151, eff. Aug. 29, 1977. Amended by Acts 1985, 69th Leg., ch. 479, Sec. 200, eff. Sept. 1, 1985; Acts 1987, 70th Leg., ch. 823, Sec. 1.04, eff. June 20, 1987; Acts 1989, 71st Leg., ch. 1084, Sec. 1.01, eff. Sept. 1, 1989; Acts 1991, 72nd Leg., 1st C.S., ch. 17, Sec. 6.01, eff. Nov. 12, 1991; Acts 2003, 78th Leg., ch. 820, Sec. 1, eff. Sept. 1, 2003.



Section  61.022.  Members Of Board; Appointment; Terms Of Office.

(a) The board shall consist of nine members appointed by the governor so as to provide representation from all areas of the state with the advice and consent of the senate, and as the constitution provides. Members of the board serve staggered six-year terms. The terms of one- third of the members expire August 31 of each odd-numbered year.

(b)  A board member may not be employed professionally for remuneration in the field of education during the member's term of office.

Acts 1971, 62nd Leg., p. 3072, ch. 1024, art. 1, Sec. 1, eff. Sept. 1, 1971. Amended by Acts 2003, 78th Leg., ch. 1170, Sec. 18.01, eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 820, Sec. 2, eff. Sept. 1, 2003.



Section  61.0221.  Duty In Making Or Confirming Appointments.

(a) In making or confirming appointments to the coordinating board, the governor and senate shall ensure that the appointee has the background and experience suitable for performing the statutory responsibility of a member of the coordinating board.

(b)  Appointments to the board shall be made without regard to the race, color, handicap, sex, religion, age, or national origin of the appointees.

Added by Acts 1987, 70th Leg., ch. 823, Sec. 1.05, eff. June 20, 1987. Amended by Acts 1989, 71st Leg., ch. 1084, Sec. 1.01, eff. Sept. 1, 1989.



Section  61.0222.  Restrictions On Board Appointment, Membership, And Employment.

(a) A member of the board must be a representative of the general public. A person is not eligible for appointment as a member of the board if the person or the person's spouse:

(1)  is employed by or participates in the management of a business entity or other organization regulated by the board or receiving funds from the board;

(2)  owns or controls, directly or indirectly, more than a 10 percent interest in a business entity or other organization regulated by the board or receiving funds from the board; or

(3)  uses or receives a substantial amount of tangible goods, services, or funds from the board, other than compensation or reimbursement authorized by law for board membership, attendance, or expenses.

(b)  A person may not be a member of the board and may not be a board employee employed in a "bona fide executive, administrative, or professional capacity," as that phrase is used for purposes of establishing an exemption to the overtime provisions of the federal Fair Labor Standards Act of 1938 (29 U.S.C. Section 201 et seq.), and its subsequent amendments, if:

(1)  the person is an officer, employee, or paid consultant of a Texas trade association in the field of higher education; or

(2)  the person's spouse is an officer, manager, or paid consultant of a Texas trade association in the field of higher education.

(c)  A person may not be a member of the board or act as the general counsel to the board if the person is required to register as a lobbyist under Chapter 305, Government Code, because of the person's activities for compensation on behalf of a profession related to the operation of the board.

(d)  In this section, "Texas trade association" means a cooperative and voluntarily joined statewide association of business or professional competitors in this state designed to assist its members and its industry or profession in dealing with mutual business or professional problems and in promoting their common interest.

Added by Acts 1989, 71st Leg., ch. 1084, Sec. 1.02, eff. Sept. 1, 1989. Amended by Acts 2003, 78th Leg., ch. 820, Sec. 3, eff. Sept. 1, 2003.



Section  61.0223.  Removal Of Board Member.

(a) It is a ground for removal from the board that a member:

(1)  does not have at the time of taking office the qualifications required by Section 61.0222(a);

(2)  does not maintain during service on the board the qualifications required by Section 61.0222(a);

(3)  is ineligible for membership under Section 61.022 or 61.0222;

(4)  cannot, because of illness or disability, discharge the member's duties for a substantial part of the member's term; or

(5)  is absent from more than half of the regularly scheduled board meetings that the member is eligible to attend during a calendar year without an excuse approved by a majority vote of the board.

(b)  The validity of an action of the board is not affected by the fact that it is taken when a ground for removal of a board member exists.

(c)  If the commissioner of higher education has knowledge that a potential ground for removal exists, the commissioner shall notify the presiding officer of the board of the potential ground. The presiding officer shall then notify the governor and the attorney general that a potential ground for removal exists. If the potential ground for removal involves the presiding officer, the commissioner shall notify the next highest ranking officer of the board, who shall then notify the governor and the attorney general that a potential ground for removal exists.

Added by Acts 1989, 71st Leg., ch. 1084, Sec. 1.03, eff. Sept. 1, 1989. Amended by Acts 2003, 78th Leg., ch. 820, Sec. 4, eff. Sept. 1, 2003.



Section  61.0224.  Training Of Board Members.

(a) A person who is appointed to and qualifies for office as a member of the board may not vote, deliberate, or be counted as a member in attendance at a meeting of the board until the person completes a training program that complies with this section.

(b)  The training program must provide the person with information regarding:

(1)  the legislation that created the board;

(2)  the programs operated by the board;

(3)  the role and functions of the board;

(4)  the rules of the board, with an emphasis on the rules that relate to disciplinary and investigatory authority;

(5)  the current budget for the board;

(6)  the results of the most recent formal audit of the board;

(7)  the requirements of:

(A)  the open meetings law, Chapter 551, Government Code;

(B)  the public information law, Chapter 552, Government Code;

(C)  the administrative procedure law, Chapter 2001, Government Code; and

(D)  other laws relating to public officials, including conflict-of-interest laws; and

(8)  any applicable ethics policies adopted by the board or the Texas Ethics Commission.

(c)  A person appointed to the board is entitled to reimbursement, as provided by the General Appropriations Act, for the travel expenses incurred in attending the training program regardless of whether the attendance at the program occurs before or after the person qualifies for office.

Added by Acts 2003, 78th Leg., ch. 820, Sec. 5, eff. Sept. 1, 2003.



Section 61.0225.  Nonvoting Student Representative.

(a) In this section:

(1)  "Board" means the Texas Higher Education Coordinating Board or its successor agency.

(2)  "Student government" means the representative student organization directly elected by the student body of an institution of higher education.

(b)  A student representative shall be appointed to the board.  The student representative is not a state officer.  Except as otherwise provided by this section, the appointment of a student representative to the board shall be made in the same manner as a student regent is appointed under Section 51.355(c).  The student representative to the board serves a term that is the same as the term of a student regent appointed under Section 51.355.

(c)  The board shall develop a uniform application form to be used by each institution of higher education to solicit applicants for the position of student representative to the board.

(d)  For an institution of higher education that is not part of a university system, the president of the institution, from among the applicants selected as the student government's recommendations for the position of student representative to the board, shall select two or more applicants as the institution's recommendations for the position and send the applications of those applicants to the governor in accordance with the deadline established under Section 51.355(c) for a chancellor to send applications to the governor for a student regent.

(e)  A student representative to the board must meet the minimum requirements prescribed by Section 51.355(d) for a student regent, as those requirements apply to an institution of higher education.

(f)  The student representative has the same powers and duties as the members of the board, including the right to attend and participate in meetings of the board, except that the student representative:

(1)  may not vote on any matter before the board or make or second any motion before the board; and

(2)  is not counted in determining whether a quorum exists for a meeting of the board or in determining the outcome of any vote of the board.

(g)  The student representative serves without pay but shall be reimbursed for the actual expenses incurred by the student representative in attending the meetings of the board or in attending to other work of the board when that work is approved by the chairman of the board.

(h)  The student government of the institution of higher education at which a current student representative was enrolled at the time of the student representative's appointment may not solicit applicants for the position of student representative for the next regular term of the position.

(i)  A vacancy in the position of student representative shall be filled for the unexpired term by appointment by the governor.

Added by Acts 2007, 80th Leg., R.S., Ch. 1311, Sec. 1, eff. September 1, 2007.



Section  61.023.  Board Officers.

The governor shall designate a chairman and vice chairman of the board. The board shall appoint a secretary of the board whose duties may be prescribed by law and by the board.

Acts 1971, 62nd Leg., p. 3072, ch. 1024, art. 1, Sec. 1, eff. Sept. 1, 1971.



Section  61.024.  Compensation And Expenses Of Members.

Members of the board shall serve without pay but shall be reimbursed for their actual expenses incurred in attending meetings of the board or in attending to other work of the board when that other work is approved by the chairman of the board.

Acts 1971, 62nd Leg., p. 3072, ch. 1024, art. 1, Sec. 1, eff. Sept. 1, 1971.



Section  61.025.  Quorum; Meetings; Agenda.

(a) A majority of the membership of the board constitutes a quorum.

(b)  Except as provided by Section 551.126, Government Code, the board shall hold regular quarterly meetings in the city of Austin, and other meetings at places and times scheduled by it in formal sessions and called by the chairman.

(c)  An agenda for the meetings in sufficient detail to indicate the items on which final action is contemplated shall be mailed to the chairman of each governing board and to the chief administrative officer of each state institution of higher education at least seven days prior to the meeting.

(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.

(e)  The board may hold a meeting to consider a higher education impact statement, if a higher education impact statement by the board is to be provided under the rules of either the house of representatives or the senate.  The meeting shall be called by the chair and the board shall provide notice of the meeting in accordance with Chapter 551, Government Code.

Acts 1971, 62nd Leg., p. 3072, ch. 1024, art. 1, Sec. 1, eff. Sept. 1, 1971. Amended by Acts 1989, 71st Leg., ch. 1084, Sec. 1.04, eff. Sept. 1, 1989; Acts 1997, 75th Leg., ch. 944, Sec. 2, eff. June 18, 1997.

Amended by:

Acts 2007, 80th Leg., R.S., Ch. 538, Sec. 1, eff. September 1, 2007.



Section  61.026.  Committees And Advisory Committees.

The chairman may appoint committees from the board's membership as he or the board may find necessary from time to time. The board may appoint advisory committees from outside its membership as it may deem necessary.

Acts 1971, 62nd Leg., p. 3072, ch. 1024, art. 1, Sec. 1, eff. Sept. 1, 1971.



Section  61.027.  Rules Of Procedure; Hearings; Notice; Minutes.

The board shall adopt and publish rules and regulations in accordance with and under the conditions applied to other agencies by Chapter 2001, Government Code to effectuate the provisions of this chapter. The board shall grant any institution of higher education a hearing upon request and after reasonable notice. Minutes of all meetings shall be available in the board's office for public inspection.

Acts 1971, 62nd Leg., p. 3072, ch. 1024, art. 1, Sec. 1, eff. Sept. 1, 1971. Amended by Acts 1987, 70th Leg., ch. 823, Sec. 1.12, eff. June 20, 1987; Acts 1995, 74th Leg., ch. 76, Sec. 5.95(49), eff. Sept. 1, 1995.



Section  61.028.  Commissioner Of Higher Education; Personnel; Consultants.

(a) The board shall appoint a commissioner of higher education, who shall select and supervise the board's staff and perform other duties delegated to him by the board. The commissioner shall serve at the pleasure of the board.

(b)  The commissioner shall be a person of high professional qualifications having a thorough background by training and experience in the fields of higher education and administration and shall possess such other qualifications as the board may prescribe.

(c)  The commissioner shall employ professional and clerical personnel and consultants as necessary to assist the board and the commissioner in performing the duties assigned by this chapter. The number of employees, their compensation and the other expenditures of the board shall be within the limits and in compliance with the appropriation made for those purposes by the legislature and within budgets that shall be approved from time to time by the board.

(d)  The commissioner or the commissioner's designee shall develop an intraagency career ladder program. The program shall require intraagency postings of all nonentry level positions concurrently with any public posting.

(e)  The commissioner or the commissioner's designee shall develop a system of annual performance evaluations. All merit pay for board employees must be based on the system established under this subsection.

(f)  The commissioner or the commissioner's designee shall prepare and maintain a written policy statement that implements a program of equal employment opportunity to ensure that all personnel decisions are made without regard to race, color, disability, sex, religion, age, or national origin. The policy statement must include:

(1)  personnel policies, including policies relating to recruitment, evaluation, selection, training, and promotion of personnel, that show the intent of the board to avoid the unlawful employment practices described by Chapter 21, Labor Code; and

(2)  an analysis of the extent to which the composition of the board's personnel is in accordance with state and federal law and a description of reasonable methods to achieve compliance with state and federal law.

(g)  The policy statement must:

(1)  be updated annually;

(2)  be reviewed by the state Commission on Human Rights for compliance with Subsection (f)(1); and

(3)  be filed with the governor's office.

(h)  The governor's office shall deliver a biennial report to the legislature based on the information received under Subsection (g) of this section. The report may be made separately or as part of other biennial reports made to the legislature.

(i)  The board shall develop and implement policies that clearly define the respective responsibilities of the board and the staff of the board.

Acts 1971, 62nd Leg., p. 3072, ch. 1024, art. 1, Sec. 1, eff. Sept. 1, 1971. Amended by Acts 1989, 71st Leg., ch. 1084, Sec. 1.05, eff. Sept. 1, 1989; Acts 2003, 78th Leg., ch. 820, Sec. 6, eff. Sept. 1, 2003.



Section  61.029.  Internal Auditor.

(a) The board shall appoint an internal auditor for the board.

(b)  The internal auditor shall report directly to the board on all matters, other than administrative matters, that require the decision of the commissioner of higher education.

(c)  The commissioner of higher education shall advise the board regarding:

(1)  the termination or discipline of the internal auditor; and

(2)  the transfer or reclassification of, or other changes in, the powers or duties of the internal auditor.

(d)  The internal auditor shall develop an annual audit plan, conduct audits as specified in the audit plan, and fulfill the other duties required by Chapter 2102, Government Code.

(e)  The internal auditor shall review all audit reports with the board and the commissioner of higher education.

Added by Acts 1989, 71st Leg., ch. 1084, Sec. 1.06, eff. Sept. 1, 1989. Amended by Acts 1997, 75th Leg., ch. 1122, Sec. 18(1), eff. Sept. 1, 1997; Acts 2003, 78th Leg., ch. 820, Sec. 8, eff. Sept. 1, 2003.



Section  61.030.  Qualifications And Standards Of Board Members And Employees.

The board shall provide to its members and employees, as often as necessary, information regarding their qualifications for office or employment under this chapter and their responsibilities under applicable laws relating to standards of conduct for state officers or employees.

Added by Acts 1989, 71st Leg., ch. 1084, Sec. 1.07, eff. Sept. 1, 1989.



Section  61.031.  Public Interest Information And Complaints.

(a) The board shall maintain a file on each written complaint filed with the board. The file must include:

(1)  the name of the person who filed the complaint;

(2)  the date the complaint is received by the board;

(3)  the subject matter of the complaint;

(4)  the name of each person contacted in relation to the complaint;

(5)  a summary of the results of the review or investigation of the complaint; and

(6)  an explanation of the reason the file was closed, if the board closed the file without taking action other than to investigate the complaint.

(b)  The board shall provide to the person filing the complaint and to each person who is a subject of the complaint a copy of the board's policies and procedures relating to complaint investigation and resolution.

(c)  The board, at least quarterly until final disposition of the complaint, shall notify the person filing the complaint and each person who is a subject of the complaint of the status of the investigation unless the notice would jeopardize an undercover investigation.

Added by Acts 1989, 71st Leg., ch. 1084, Sec. 1.08, eff. Sept. 1, 1989. Amended by Acts 2003, 78th Leg., ch. 820, Sec. 9, eff. Sept. 1, 2003.



Section  61.032.  Notice Of National Compact Meetings.

The commissioner of higher education or the commissioner's designee on behalf of Texas members of the Board of Control for Southern Regional Education shall file notice of board of control meetings with the secretary of state's office for publication in the Texas Register.

Added by Acts 1989, 71st Leg., ch. 262, Sec. 1, eff. Sept. 1, 1989; Acts 1989, 71st Leg., ch. 1084, Sec. 1.09, eff. Sept. 1, 1989.



Section  61.033.  Negotiated Rulemaking; Alternative Dispute Resolution.

(a) The board shall develop and implement a policy to encourage the use of:

(1)  negotiated rulemaking procedures under Chapter 2008, Government Code, for the adoption of board rules; and

(2)  appropriate alternative dispute resolution procedures under Chapter 2009, Government Code, to assist in the resolution of internal and external disputes under the board's jurisdiction.

(b)  The board's procedures relating to alternative dispute resolution must conform, to the extent possible, to any model guidelines issued by the State Office of Administrative Hearings for the use of alternative dispute resolution by state agencies.

(c)  The board shall designate a trained person to:

(1)  coordinate the implementation of the policy adopted under Subsection (a);

(2)  serve as a resource for any training needed to implement the procedures for negotiated rulemaking or alternative dispute resolution; and

(3)  collect data concerning the effectiveness of those procedures, as implemented by the board.

Added by Acts 2003, 78th Leg., ch. 820, Sec. 10, eff. Sept. 1, 2003.



Section  61.034.  Effective Use Of Technology.

The board shall develop and implement a policy that requires the commissioner of higher education and the staff of the board to research and propose appropriate technological solutions to improve the ability of the agency to perform its mission. The technological solutions must include measures to ensure that the public is able to easily find information about the board through the Internet and that persons who have a reason to use the board's services are able to use the Internet to interact with the board and to access any services that can be provided effectively through the Internet. The policy shall also ensure that proposed technological solutions are cost-effective and developed through the board's planning processes.

Added by Acts 2003, 78th Leg., ch. 820, Sec. 11, eff. Sept. 1, 2003.



Subchapter C. Powers And Duties Of Board

Section  61.051.  Coordination Of Institutions Of Public Higher Education.

(a) The board 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 in the various regions of the state. 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 five-year master plan for higher education in this state. The five-year plan shall take into account the resources of private institutions of higher education in this state.

(a-2)  The board shall periodically review and revise the 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)  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 stated in the plan developed under Subsection (a-1) and shall recommend legislative action to assist the state in meeting those goals. The report must include the analyses performed in connection with the board's periodic review under Subsection (a-2).

(a-4) Expired.

(b)  The board shall define a technical institute, a junior college, a senior college, a university, and a university system; provided, that nothing in this section may be construed to authorize the board to establish or create any technical institute system or university system or to alter any technical institute system or university system presently existing by virtue of statute or the constitution of this state.

(c)  The board shall develop and publish criteria to be used as a basis for determining the need for changing the classification of any public institution of higher education and for determining the need for new public technical institutes, public junior colleges, public senior colleges, universities, or university systems.

(d)  The board shall develop, after direct consultation with the governing board of the institution and after providing a forum for a public hearing, the role and mission for each public institution of higher education in Texas. The board shall hear applications from the institutions for changes in role and mission and make changes necessary to update the role and mission statements of each institution. The board shall adopt by rule the criteria to be used in reviewing the role and mission statements. The board, after direct consultation with the governing board of the institution and after providing the forum for a public hearing, may prescribe by rule maximum enrollment limits for such institution. In setting maximum enrollment limits, the board shall take into account any financial hardship such enrollment limits might cause qualified Texas residents seeking a higher education. The governing board of each institution shall determine the maximum enrollment limits for any department, school, degree program, or certificate program at the institution.

(e)  The board shall review periodically the role and mission statements, the table of programs, and all degree and certificate programs offered by the public institutions of higher education to assure that they meet the present and future needs of the state and the counties in which they are located. The board's review shall be performed at least every four years and shall involve the chairperson of the institution's board of regents. The board shall also order the initiation, consolidation, or elimination of degree or certificate programs where that action is in the best interest of the public institutions themselves or the general requirements of the State of Texas, the counties in which they are located, or when that action offers hope of achieving excellence by a concentration of available resources. No new department, school, degree program, or certificate program may be added at any public institution of higher education except with specific prior approval of the board. The board may authorize an institution to continue a doctoral program that is inconsistent with the role and mission of the institution if the program was in existence on September 1, 1987, and the board determines that continuation of the program is warranted.

(f)  The board shall encourage and develop new certificate programs in technical and vocational education in Texas public technical institutes and public community colleges as the needs of technology and industry may demand and shall recommend the elimination of such programs for which a need no longer exists. The board shall conduct a review of the certificate programs at least every four years or on the request of the Texas Workforce Investment Council and shall terminate a program that does not meet performance review standards and other criteria established by the board. The board shall assume the leadership role and administrative responsibilities for state level administration of postsecondary technical-vocational education programs in Texas public community colleges, public technical institutes, and other eligible public postsecondary institutions. The board shall ensure that standardized minimum technical and skill-specific competency and performance standards for each workforce education program, as developed by the Texas Workforce Investment Council, are used in the board's review, approval, or disapproval of a vocational and technical program financed by state and federal funds.

(g)  The board shall develop and promulgate a basic core of general academic courses which shall be freely transferable among all public institutions of higher education in Texas which are members of recognized accrediting agencies on the same basis as if the work had been taken at the receiving institution. The board shall develop and implement policies to provide for the free transferability of lower division course credit among institutions of higher education.

(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, whether state-financed or not. 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. All reports required by this subsection shall be made subject to the limitations imposed by security regulations governing defense contracts for research.

(i)  The board shall develop and periodically revise a long-range statewide plan to provide information and guidance to policy makers to ensure that institutions of higher education meet the current and future needs of each region of this state for higher education services and that adequate higher education services at all levels are reasonably and equally available to the residents of each region of this state. The board in developing the plan shall examine existing undergraduate, graduate, professional, and research programs provided by institutions of higher education and identify the geographic areas of this state that, as a result of current population or projected population growth, distance from other educational resources, economic trends, or other factors, have or are reasonably likely to have in the future significantly greater need for higher education services than the services currently provided in the area by existing institutions of higher education. The board shall also consider the higher education services provided by private and independent institutions of higher education in developing the plan. The board shall identify as specifically as practicable the programs or fields of study for which an area has or is projected to have a significant unmet need for services. In determining the need for higher educational services in an area, the board shall consider the educational attainment of the current population and the extent to which residents from the area attend institutions of higher education outside of the area or do not attend institutions of higher education. The board shall include in the plan specific recommendations, including alternative recommendations, for administrative or legislative action to address an area's unmet need for higher educational services as efficiently as possible. Not later than November 1 of each even-numbered year, the board shall deliver to the governor, lieutenant governor, and legislature a report of the current long-range plan developed under this section.

(j)  No off-campus courses for credit may be offered by any public technical institute, public community college, or public college or university without specific prior approval of the board. However, any of those institutions may offer a distance learning course approved by the board with no in-state geographic restrictions if the course is within the approved curriculum of the institution. To facilitate the delivery of courses by distance learning and to improve access to those courses, the board shall encourage collaborative efforts to make the benefits of computer access to educational opportunities widely available. The board shall maintain a central informational resource accessible to the general public that provides information relating to distance learning courses and programs offered for credit by institutions of higher education and information including computer links, addresses, or other directions to assist an interested person to obtain additional information directly from the appropriate institution. The board may not prohibit a public junior college district from offering a course for credit outside the boundaries of the junior college district when such course has met the requirements for approval as adopted by the board. The board shall establish regulations for the coordination of credit activities of adult and continuing education by public technical institutes, public community colleges, or public colleges and universities.

(k)  The board shall establish and maintain a management information system that includes the presentation of uniform statistical information that is appropriate to planning, financing, and decision-making rather than regulation.

(l)  The board shall advise and offer technical assistance on the request of any institution or system administration.

(m)  The board shall publish and distribute materials on admission policies, transferable courses among institutions, financial assistance programs, and other matters of interest to persons choosing an institution in which to enroll. It is the intent of the legislature that materials distributed under this subsection be designed to promote and encourage students to complete high school coursework and aspire to their highest potential by obtaining a degree or certificate from an institution of higher education.

(n)  The board shall develop guidelines for institutional reporting of student performance.

(o)  The board shall encourage cooperative programs and agreements among institutions of higher education, including, among others, programs and agreements relating to degree offerings, research activities, and library and computer sharing.

(p)  The board shall administer trusteed funds, grant programs, research competition awards, and other funds and programs as directed by the legislature.

(q)  The board shall develop a statewide telecommunications network among institutions of higher education for integrated teaching and data transmission and computation, but only to the extent that the telecommunications services are not available through a system of telecommunications services established for state agencies generally.

(r)  The board shall conduct a review of all doctoral programs offered at institutions of higher education. The review shall consider:

(1)  program quality;

(2)  demand for the degree program;

(3)  number of graduates;

(4)  geographic distribution of doctoral degree programs;

(5)  employment opportunities and demand for degree holders; and

(6)  duplication with other programs.

The board shall begin the review by considering first the institutions that offer a single doctoral program. The review must be completed by December 1992. The board shall report the results of the review regarding public institutions of higher education to the legislature not later than the convening of the regular legislative session in 1993.

Acts 1971, 62nd Leg., p. 3072, ch. 1024, art. 1, Sec. 1, eff. Sept. 1, 1971. Amended by Acts 1975, 64th Leg., p. 2055, ch. 676, Sec. 1, 2, eff. June 20, 1975; Acts 1985, 69th Leg., ch. 646, Sec. 2, eff. Aug. 26, 1985; Acts 1987, 70th Leg., ch. 823, Sec. 1.06, eff. June 20, 1987; Acts 1989, 71st Leg., ch. 1084, Sec. 1.11, 4.01(1), eff. Sept. 1, 1989; Acts 1993, 73rd Leg., ch. 668, Sec. 7.01, eff. Sept. 1, 1993; Acts 1997, 75th Leg., ch. 138, Sec. 1, eff. May 19, 1997; Acts 2001, 77th Leg., ch. 373, Sec. 1, eff. May 25, 2001; Acts 2003, 78th Leg., ch. 818, Sec. 6.03, eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 820, Sec. 12, eff. Sept. 1, 2003.

Amended by:

Acts 2005, 79th Leg., Ch. 354, Sec. 1, eff. June 17, 2005.



Section  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.

Added by Acts 1989, 71st Leg., ch. 1084, Sec. 1.12, eff. Sept. 1, 1989.



Section  61.0512.  New Degree Programs; Notification To Board.

At the time 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 college or university shall notify the board. In the implementation of this subsection, the board may not require additional reports from the institutions.

Added by Acts 1989, 71st Leg., ch. 1084, Sec. 1.13, eff. Sept. 1, 1989.



Section  61.0513.  Court Reporter Programs.

The board may not certify a court reporter program under Section 61.051(f) of this code unless the program has received approval from the Court Reporters Certification Board.

Added by Acts 1993, 73rd Leg., ch. 563, Sec. 2, eff. Sept. 1, 1993.



Section  61.0514.  Integrated Coursework.

The board, with the cooperation and advice of the State Board for Educator Certification, shall adopt educator preparation coursework guidelines that promote, to the greatest extent practicable, the integration of subject matter knowledge with classroom teaching strategies and techniques in order to maximize the effectiveness and efficiency of coursework required for certification under Subchapter B, Chapter 21.

Added by Acts 1999, 76th Leg., ch. 1590, Sec. 9, eff. June 19, 1999.



Section 61.0515.  Semester Credit Hours Required For Baccalaureate Degree.

(a) To earn a baccalaureate degree, a student may not be required by a general academic teaching institution 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 completion of additional semester credit hours for the degree.

(b)  The board may review one or more of an institution's baccalaureate degree programs to ensure compliance with this section.

(c)  Subsection (a) does not apply to a baccalaureate degree awarded by an institution to a student enrolled in the institution before the 2008 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.

Added by Acts 2005, 79th Leg., Ch. 1230, Sec. 12, eff. June 18, 2005.



Section 61.0516.  Electronic System To Monitor Tuition Exemptions For Veterans And Dependents. Th

e board shall develop a system to electronically monitor the use of tuition exemptions under Section 54.203.  The system must allow the board to electronically receive, for each semester, the following information from institutions of higher education:

(1)  the name of the institution;

(2)  the name, identification number, and date of birth of each individual attending the institution and receiving benefits for the semester under Section 54.203;

(3)  for each individual receiving benefits, the number of credit hours for which the individual received an exemption for the semester;

(4)  for each individual receiving benefits at the institution during the semester, the total cumulative number of credit hours for which the individual has received an exemption at the institution; and

(5)  any other information required by the board.

Added by Acts 2005, 79th Leg., Ch. 7, Sec. 2, eff. May 3, 2005.



Section  61.052.  List Of Courses; Annual Submission To Board.

(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.

(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.

(c)  The board may order the deletion or consolidation of any courses so submitted after giving due notice with reasons for that action and after providing a hearing if one is requested by the governing board involved.

Acts 1971, 62nd Leg., p. 3072, ch. 1024, art. 1, Sec. 1, eff. Sept. 1, 1971. Amended by Acts 1989, 71st Leg., ch. 1084, Sec. 1.14, eff. Sept. 1, 1989.



Section  61.053.  Board Orders; Notice.

(a) Any order of the board affecting the classification, role and scope, and program of any institution of higher education may be entered only after:

(1)  a written factual report and recommendations from the commissioner of higher education covering the matter to be acted on have been received by the board and distributed to the governing board and the administrative head of the affected institution;

(2)  the question has been placed upon the agenda for a regularly-scheduled quarterly meeting; and

(3)  the governing board of the affected institution has had an opportunity to be heard.

(b)  Notice of the board's action shall be given in writing to the governing board concerned not later than four months preceding the fall term in which the change is to take effect.

Acts 1971, 62nd Leg., p. 3072, ch. 1024, art. 1, Sec. 1, eff. Sept. 1, 1971.



Section  61.054.  Expenditures For Programs Disapproved By Board.

No funds appropriated to any institution of higher education may be expended for any program which has been disapproved by the board, unless the program is subsequently specifically approved by the legislature.

Acts 1971, 62nd Leg., p. 3072, ch. 1024, art. 1, Sec. 1, eff. Sept. 1, 1971.



Section  61.055.  Initiation Of New Departments, Schools, And Programs; Partnerships Or Affiliations.

(a) 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.

(b)  A general academic teaching institution or medical and dental unit may establish a partnership or affiliation with another entity to offer or conduct courses for academic credit or to offer or operate a degree program if:

(1)  the governing board or other appropriate official of the institution or unit determines that the partnership or affiliation is:

(A)  consistent with the role and mission established for the institution or unit;

(B)  in accordance with the degree and certificate programs authorized to be offered by the institution or unit; and

(C)  consistent with the role and mission of the university system, if any, to which the institution or unit belongs;

(2)  the partnership or affiliation is approved by the coordinating board; or

(3)  the partnership or affiliation is established to secure or provide clinical or other similar practical educational experience in connection with a course or degree program authorized to be offered by the institution or unit.

Acts 1971, 62nd Leg., p. 3072, ch. 1024, art. 1, Sec. 1, eff. Sept. 1, 1971. Amended by Acts 1993, 73rd Leg., ch. 260, Sec. 11, eff. Sept. 1, 1993; Acts 2001, 77th Leg., ch. 1447, Sec. 1, eff. June 17, 2001.



Section  61.056.  Review Of Legislation Establishing Additional Institutions.

Any proposed statute which would establish an additional institution of higher education, except a public junior college, shall be submitted, either prior to introduction or by the standing committee considering the proposed statute, to the board for its opinion as to the state's need for the institution. The board shall report its findings to the governor and the legislature. A recommendation that an additional institution is needed shall require the favorable vote of at least two-thirds of the members of the board. A recommendation of the board shall not be considered a condition precedent to the introduction or passage of any proposed statute.

Acts 1971, 62nd Leg., p. 3072, ch. 1024, art. 1, Sec. 1, eff. Sept. 1, 1971.



Section  61.057.  Promotion Of Teaching Excellence.

To achieve excellence in the teaching of students at institutions and agencies of higher education, the board shall:

(1)  develop and recommend:

(A)  minimum faculty compensation plans, basic increment programs, and incentive salary increases;

(B)  minimum standards for faculty appointment, advancement, promotion, and retirement;

(C)  general policies for faculty teaching loads, and division of faculty time between teaching, research, administrative duties, and special assignments;

(D)  faculty improvement programs, including a plan for sabbatical leaves, appropriate for the junior and senior colleges and universities, respectively; and

(E)  minimum standards for academic freedom, academic responsibility, and tenure;

(2)  pursue vigorously and continuously a goal of having all college and university academic classes taught by persons holding the minimum of an earned master's degree or its equivalent in academic training, creative work, or professional accomplishment;

(3)  explore, promote, and coordinate the use of educational television among institutions of higher education and encourage participation by public and private schools and private institutions of higher education in educational television;

(4)  conduct, and encourage the institutions of higher education to conduct, research into new methods, materials, and techniques for improving the quality of instruction and for the maximum utilization of all available teaching techniques, devices, and resources, including but not limited to large classes, team teaching, programmed instruction, interlibrary exchanges, joint libraries, specially-designed facilities, visual aids, and other innovations that offer promise for superior teaching or for meeting the need for new faculty members to teach anticipated larger numbers of students; and

(5)  assume initiative and leadership in providing through the institutions of higher education in the state those programs and offerings which will achieve the objectives set forth in Section 61.002 of this code.

Acts 1971, 62nd Leg., p. 3072, ch. 1024, art. 1, Sec. 1, eff. Sept. 1, 1971.



Section  61.0572.  Construction Funds And Development Of Physical Plants.

(a) To assure efficient use of construction funds and the orderly development of physical plants to accommodate projected college student enrollments, the board shall carry out the duties prescribed by this section and Section 61.058 of this code.

(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)  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 institutions and agencies of higher education in making application for the approval of new construction and major repair and rehabilitation of all buildings and facilities regardless of proposed use; and

(7)  ascertain that the standards and specifications for new construction, repair, and rehabilitation of all buildings and facilities are in accordance with Article 9102, Revised Statutes.

(c)  The board in consultation with institutions of higher education shall develop space standards for new construction or other capital improvement projects at public senior colleges and universities and medical and dental units that address the differences in space requirements in teaching, research, and public service activities for those institutions. The standards developed under this subsection shall not be used to determine space needs for those projects related to clinical care facilities.

(d)(1) The board, for purposes of state funding, may review and approve as an addition to an institution's educational and general buildings and facilities inventory any improved real property 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, and space use.  If the property does not meet those standards, the board shall notify the governor, the lieutenant governor, the speaker of the house of representatives, and the Legislative Budget Board.

Acts 1971, 62nd Leg., p. 3137, ch. 1024, art. 1, Sec. 1, eff. Sept. 1, 1971. Amended by Acts 1975, 64th Leg., p. 2056, ch. 676, Sec. 3, eff. June 20, 1975; Acts 1977, 65th Leg., p. 1133, ch. 425, Sec. 1, eff. Aug. 29, 1977; Acts 1983, 68th Leg., p. 585, ch. 121, Sec. 1, eff. Sept. 1, 1983: Acts 1983, 68th Leg., p. 1694, ch. 319, Sec. 1, eff. June 16, 1983; Acts 1985, 69th Leg., ch. 646, Sec. 3, eff. Aug. 26, 1985. Renumbered from Education Code Sec. 61.058(1) to (7) and amended by Acts 1989, 71st Leg., ch. 1084, Sec. 1.16, eff. Sept. 1, 1989. Amended by Acts 1993, 73rd Leg., ch. 803, Sec. 5, eff. Sept. 1, 1993; Acts 1997, 75th Leg., ch. 748, Sec. 4, eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 165, Sec. 17.19(7), eff. Sept. 1, 1997; Acts 2003, 78th Leg., ch. 615, Sec. 5, eff. June 20, 2003; Acts 2003, 78th Leg., ch. 940, Sec. 3, eff. June 20, 2003; Acts 2003, 78th Leg., ch. 1319, Sec. 3, eff. June 18, 2003.

Amended by:

Acts 2006, 79th Leg., 3rd C.S., Ch. 9, Sec. 3, eff. May 31, 2006.

Acts 2007, 80th Leg., R.S., Ch. 1207, Sec. 2, eff. June 15, 2007.

Acts 2009, 81st Leg., R.S., Ch. 287, Sec. 3, eff. September 1, 2009.



Section  61.058.  New Construction And Repair And Rehabilitation Projects.

/p> (A) Expired.

(B) Expired.

(C) Expired.

(D) Expired.

(E) Expired.

(F) Expired.

(a) 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 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)  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 shall review all construction, repair, or rehabilitation 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, and space use.  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, and the Legislative Budget Board.

(c)  As necessary to ensure that the board is required to approve only substantial construction, repair, or rehabilitation projects at institutions of higher education, for all projects described by Subsection (a)(B) or (a)(C) the board by rule may increase the total cost threshold required for board approval under this section.

Acts 1971, 62nd Leg., p. 3072, ch. 1024, art. 1, Sec. 1, eff. Sept. 1, 1971. Amended by Acts 1975, 64th Leg., p. 2056, ch. 676, Sec. 3, eff. June 20, 1975; Acts 1977, 65th Leg., p. 1133, ch. 425, Sec. 1, eff. Aug. 29, 1977; Acts 1983, 68th Leg., p. 585, ch. 121, Sec. 1, eff. Sept. 1, 1983; Acts 1983, 68th Leg., p. 1694, ch. 319, Sec. 1, eff. June 16, 1983; Acts 1985, 69th Leg., ch. 646, Sec. 3, eff. Aug. 26, 1985; Acts 1987, 70th Leg., ch. 982, Sec. 1, eff. June 19, 1987; Acts 1989, 71st Leg., ch. 1084, Sec. 1.16, eff. Sept. 1, 1989; Acts 1993, 73rd Leg., ch. 803, Sec. 6, eff. Sept. 1, 1993; Acts 1997, 75th Leg., ch. 748, Sec. 5, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 229, Sec. 1, eff. May 24, 1999; Acts 2003, 78th Leg., ch. 615, Sec. 6, eff. June 20, 2003; Acts 2003, 78th Leg., ch. 940, Sec. 4, eff. June 20, 2003; Acts 2003, 78th Leg., ch. 1319, Sec. 4, eff. June 18, 2003.

Amended by:

Acts 2006, 79th Leg., 3rd C.S., Ch. 9, Sec. 4, eff. May 31, 2006.

Acts 2007, 80th Leg., R.S., Ch. 1207, Sec. 3, eff. June 15, 2007.

Acts 2009, 81st Leg., R.S., Ch. 236, Sec. 1, eff. September 1, 2009.

Acts 2009, 81st Leg., R.S., Ch. 287, Sec. 4, eff. September 1, 2009.



Section  61.0581.  Powers Unaffected By Certain Constitutional Amendment. The

powers of the board and the legislature, including the powers granted under Section 61.058 of this code, are not limited by the constitutional amendments proposed by H.J.R. No. 19, 68th Legislature, Regular Session, 1983, and adopted by the voters except to the extent those powers are specifically limited by those constitutional provisions.

Added by Acts 1985, 69th Leg., ch. 225, Sec. 2, eff. June 3, 1985. Renumbered from Education Code Sec. 61.075 by Acts 1987, 70th Leg., ch. 167, Sec. 5.01(a)(19) eff. Sept. 1, 1987.



Section  61.0582.  Campus Master Plan; Deferred Maintenance.

(a) Each public technical institute, public senior college or university, medical or dental unit, or other agency of higher education required to submit a campus master plan under Section 61.0572 of this code shall include in the campus master plan:

(1)  an assessment of the institution's deferred maintenance needs, including regular, preventive maintenance needs;

(2)  a plan to address the institution's deferred maintenance needs;

(3)  the amount the institution plans to designate each year for repairs, rehabilitations, and deferred maintenance projects; and

(4)  the funding source for any new construction project that costs more than $300,000 or repair and rehabilitation project that costs more than $600,000.

(b)  Under Subsection (a)(4) of this section, an institution shall report to the board any change in the funding source of a project before the project begins.

(c)  An institution that receives dedicated funding under Article VII, Section 17 or 18, of the Texas Constitution shall include in the campus master plan a description of the projects on which the institution plans to spend those funds.

(d)  The board by rule shall specify the information concerning deferred maintenance that an institution must report in the campus master plan.

(e)  The board shall use the information reported in the plan to assess the deferred maintenance needs of those institutions and include its findings in the board's annual report.

Added by Acts 1989, 71st Leg., ch. 1084, Sec. 1.17, eff. Sept. 1, 1989.



Section  61.0583.  Audit Of Facilities.

(a) The board periodically shall conduct a comprehensive audit of all educational and general facilities on the campuses of public senior colleges and universities and the Texas State Technical College System to verify the accuracy of the facilities inventory for each of those institutions.

(b)  The board shall verify the accuracy of the square footage reported in each institution's budget request in relation to the facilities inventory.

(c)  The audit must include a periodic review of construction projects to confirm that:

(1)  a project has received prior approval by the board if required by Section 61.058 of this code; and

(2)  an approved project is completed as specified in the request to the board for approval of the project.

(d)  The board shall report its findings concerning the audits conducted under this section to the Legislative Budget Board and the audited institutions.

Added by Acts 1989, 71st Leg., ch. 1084, Sec. 1.18, eff. Sept. 1, 1989. Amended by Acts 1991, 72nd Leg., ch. 287, Sec. 28, eff. Sept. 1, 1991.



Section  61.059.  Appropriations.

(a) To finance a system of higher education and to secure an equitable distribution of state funds deemed to be available for higher education, the board shall perform the functions described in this section. Funding policies shall:

(1)  allocate resources efficiently and provide incentives for programs of superior quality and for institutional diversity;

(2)  provide incentives for supporting the five-year master plan developed and revised under Section 61.051; and

(3)  discourage unnecessary duplication of course offerings between institutions and unnecessary construction on any campus.

(b)  The board shall devise, establish, and periodically review and revise formulas for the use of the governor and the Legislative Budget Board in making appropriations recommendations to the legislature for all institutions of higher education, including the funding of postsecondary vocational-technical programs. As a specific element of the periodic review, the board shall study and recommend changes in the funding formulas based on the role and mission statements of institutions of higher education. In carrying out its duties under this section, the board shall employ an ongoing process of committee review and expert testimony and analysis.

(c)  Formulas for basic funding shall reflect the role and mission of each institution, shall emphasize funding elements that directly support faculty, and shall reflect both fixed and variable elements of cost.

(d)  Not later than June 1 of every even-numbered calendar year, the board shall notify the governing boards and the chief administrative officers of the respective institutions of higher education and university systems, the governor, and the Legislative Budget Board of the formulas designated by the board to be used by the institutions in making appropriation requests for the next succeeding biennium and shall certify to the governor and the Legislative Budget Board that each institution has prepared its appropriation request in accordance with the designated formulas and in accordance with the uniform system of reporting provided in this chapter. The board shall furnish any other assistance to the governor and the Legislative Budget Board in the development of appropriations recommendations as either or both of them may request. However, nothing in this chapter shall prevent or prohibit the governor, the Legislative Budget Board, the board, or the governing board of any institution of higher education from requesting or recommending deviations from any applicable formula or formulas prescribed by the board and advancing reasons and arguments in support of them.

(e)  The board shall present to the governor and to each legislature a comprehensive summary and analysis of institutional appropriation requests, and for that purpose each institution's request must be submitted to the board at the same time at which the request is submitted to the Legislative Budget Board. Nothing in this subsection shall be construed as supplanting the duty, responsibility, and authority of an institution of higher education or the governing board thereof to express its appropriative needs directly to the legislature or any committee thereof.

(f)  The board shall recommend to the governor and the Legislative Budget Board supplemental contingent appropriations to provide for increases in enrollment at the institutions of higher education. Contingent appropriations may be made directly to the institutions or to the board, as the legislature may direct in each biennial appropriations act. In the event the contingent appropriation is made to the board, the funds shall be allocated and distributed by the board to the institutions as it may determine, subject only to such limitations or conditions as the legislature may prescribe.

(g)  The board shall recommend to the institutions, the governor, and the Legislative Budget Board tuition policies for public technical institutes, public junior colleges, public senior colleges and universities, medical and dental units, and other agencies of higher education and vocational and technical programs receiving support from state funds.

(h)  The board shall distribute funds appropriated to the board for allocation for specified purposes under limitations prescribed by law and the rules and regulations of the board in conformity therewith, provided that no distribution or allocation may be made to any institution of higher education which has failed or refused to comply with any order of the board as long as that failure or refusal continues.

(i)  The board shall make continuing studies on its own initiative, on the request of the governor or the Legislative Budget Board, and as otherwise provided by Subsection (i-1) of the financial needs of public higher education and all services and activities of the institutions of higher education and issue reports to the governor and the Legislative Budget Board that result from its studies.

(i-1)  Not later than January 1 of each odd-numbered year, the board shall make and submit to the legislature findings and recommendations regarding the degree to which the current higher education funding system, including formula funding and any other transfers of legislative appropriations to institutions of higher education, supports the implementation of the five-year master plan developed and revised under Section 61.051. The board may include its findings and recommendations in the biennial report submitted to the legislature under Section 61.051. In its findings, the board must:

(1)  identify funding incentives that would encourage implementation of the five-year master plan by institutions of higher education; and

(2)  assess the accountability of institutions of higher education with respect to legislative appropriations to evaluate institutional allocation of financial resources in accordance with the five-year master plan.

(j)  Funds appropriated to the coordinating board for vocational-technical education may be transferred by interagency contract between the two boards as required to carry out an effective and efficient transition of the administration of postsecondary vocational-technical education.

(k)  The legislature shall promote flexibility in the use of funds appropriated to institutions of higher education by:

(1)  appropriating base funding as a single amount that is unrestricted to use among the various funding elements of the formula used to determine base funding; and

(2)  appropriating to institutions the unexpended balance of appropriations made for the preceding fiscal year.

(l)(1) Except as provided by Subdivision (2), the board may not include in any formula under this section funding based on the number of doctoral students who have a total of 100 or more semester credit hours of doctoral work at an institution of higher education.

(2)  Notwithstanding Subdivision (1), the board may approve formula funding for semester credit hours in excess of 100, not to exceed 130 total semester credit hours, for a doctoral student if the institution:

(A)  provides the board with substantial evidence that the particular field of study in which the student is enrolled requires a higher number of semester credit hours to maintain nationally competitive standards;

(B)  provides the board with evidence that the student's program or research is likely to provide substantial benefit to medical or scientific advancement and that the program or research requires the additional semester credit hours; or

(C)  provides the board with other compelling academic reasons that support the finding of an exception.

(3)  The board shall report to the Legislative Budget Board, as part of its report on formula funding recommendations, a listing of the exceptions approved under Subdivision (2) and the associated costs in formula-based funding.

(m)  For an institution that charges a reduced nonresident tuition rate under Section 54.0601, the board may not include in a formula under this section funding based on the number of nonresident students enrolled at the institution in excess of 10 percent of the total number of students enrolled at the institution.

(o)  In addition to the other funding recommendations required by this section, biennially the board shall determine the amount that the board considers appropriate for purposes of providing funding under Section 61.0596 in the following state fiscal biennium to carry out the purposes of that section and shall make recommendations to the governor and the Legislative Budget Board for funding those programs in that biennium.  To the extent the board considers appropriate, the board may include in the formulas established under this section the funding to be provided under Section 61.0596.

Acts 1971, 62nd Leg., p. 3072, ch. 1024, art. 1, Sec. 1, eff. Sept. 1, 1971. Amended by Acts 1985, 69th Leg., ch. 646, Sec. 4, eff. Aug. 26, 1985; Acts 1987, 70th Leg., ch. 823, Sec. 3.01, eff. June 20, 1987; Acts 1989, 71st Leg., ch. 1084, Sec. 1.19, eff. Sept. 1, 1989; Acts 1993, 73rd Leg., ch. 27, Sec. 4, eff. April 13, 1993; Acts 1995, 74th Leg., ch. 451, Sec. 7, eff. Aug. 28, 1995; Acts 1997, 75th Leg., ch. 231, Sec. 1, eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 690, Sec. 2, eff. Sept. 1, 1997; Acts 2003, 78th Leg., ch. 820, Sec. 13, eff. Sept. 1, 2003.

Amended by:

Acts 2009, 81st Leg., R.S., Ch. 287, Sec. 5, eff. September 1, 2009.



Section  61.0591.  Incentive And Special Initiative Funding.

(a) The legislature shall appropriate to the board an amount equal to not less than 10 percent of the total appropriations for base funding of general academic teaching institutions for the purpose of providing incentive and special initiative funding under this section.

(b)  The board shall allocate the funds in accordance with this section and priorities, if any, established by the legislature through bill, resolution, or appropriations rider.

(c)  The board shall allocate incentive funding, as a percentage of base funding, among institutions of higher education for the purpose of rewarding institutions achieving goals set by the board in relation to:

(1)  minority recruitment, retention, and academic standards maintenance;

(2)  graduation rates and maintenance of academic standards;

(3)  commitment to liberal arts core curriculum;

(4)  commitment to continuing education;

(5)  energy conservation and water conservation, rainwater harvesting, and water reuse;

(6)  improvements toward maximum utilization of campus facilities;

(7)  commitment to renovation and maintenance of facilities;

(8)  development of articulation arrangements;

(9)  proportion of accredited academic programs;

(10)  assessed performance of graduates as a measure of general education outcome, including assessments based on standardized examination performance;

(11)  assessed performance of graduates as a measure of specialized education outcome, including assessments based on professional licensing examination performance;

(12)  evaluation of instructional programs through surveys of students, graduates, the general public, and employers;

(13)  continuing and systematic peer evaluation of academic and research programs by scholars from other institutions;

(14)  progress toward or attainment of long-range planning goals; and

(15)  compliance with the management policies required by Section 61.0651 of this code.

(d)  The board shall allocate special initiative funding among institutions of higher education to promote academic excellence. Initiative funding may be allocated to the eminent scholars program under Subchapter I, Chapter 51, of this code, or to programs established by the board to:

(1)  promote teaching excellence by recognizing and rewarding outstanding teachers;

(2)  provide enrichment grants to the best undergraduate programs; or

(3)  provide development grants to institutions seeking to develop undergraduate and graduate programs in areas identified as a high priority.

Added by Acts 1987, 70th Leg., ch. 823, Sec. 3.02, eff. June 20, 1987. Amended by Acts 2001, 77th Leg., ch. 330, Sec. 2, eff. Sept. 1, 2001.



Section 61.0592.  Funding For Courses Provided During Off-peak Hours At Certain Institutions.

(a) The purposes of this section are:

(1)  to ensure that student demand for courses is met; and

(2)  to encourage the efficient use of existing instructional facilities while reducing the need for new instructional facilities.

(b)  This section applies only to funding for a course provided by:

(1)  The University of Texas at Austin;

(2)  Texas A&M University; or

(3)  Texas Tech University.

(c)  To carry out the purposes of this section, for each institution of higher education listed under Subsection (b), the board shall include in the formulas established under Section 61.059 funding in amounts sufficient to cover the institution's revenue loss resulting from any reduction in tuition rates under Section 54.061.

(d)  In addition to the funding included under Subsection (c), in the formulas established under Section 61.059, as an incentive for the institutions to reduce tuition rates under Section 54.061, the board may include additional funding that represents a portion of the savings to the state resulting from the institution's efficient use of resources.

Added by Acts 2007, 80th Leg., R.S., Ch. 598, Sec. 1, eff. June 15, 2007.



Section  61.0594.  Coordinated Funding Of Graduate Medical Education.

(a) The board shall administer a program to support graduate medical education programs in this state consistent with the needs of this state for graduate medical education and the training of resident physicians in accredited residency programs in appropriate fields and specialties, including primary care specialties described by Section 58.008(a).

(b)  From money available to the program, the board may make grants or formula distributions to:

(1)  support appropriate graduate medical education programs and activities for which adequate funds are not otherwise available; or

(2)  foster new or expanded graduate medical education programs or activities that the board determines will address the state's needs for graduate medical education.

(c)  To be eligible to receive a grant or distribution under this section, an institution or other entity must incur the costs of faculty supervision and education or the stipend costs of resident physicians in accredited clinical residency programs in this state. In making grants and distributions under this section, the board shall give consideration to the costs incurred by medical schools or other entities to support faculty responsible for the education or supervision of resident physicians in accredited graduate medical education programs, including programs in osteopathic medical education.

(d)  The program is funded by appropriations, by gifts, grants, and donations made to support the program, and by any other funds the board obtains, including federal funds, for the program. From program funds, the comptroller of public accounts shall issue warrants to each institution or other entity determined by the board as eligible to receive a grant or distribution from the program in the amount certified by the board. An amount granted to an institution or other entity under the program may be used only to cover expenses of training residents of the particular program or activity for which the award is made in accordance with any conditions imposed by the board and may not otherwise be expended for the general support of the institution or entity.

(e)  The board shall appoint an advisory committee to advise the board regarding the development and administration of the program, including considering requests for program grants and establishing formulas for distribution of money under the program. The advisory committee shall consist of:

(1)  the executive director of the Texas State Board of Medical Examiners or the executive director's designee;

(2)  the chair of the Family Practice Residency Advisory Committee or the chair's designee;

(3)  the chair of the Primary Care Residency Advisory Committee or the chair's designee;

(4)  the commissioner of the Health and Human Services Commission or the commissioner's designee; and

(5)  the following members appointed by the board:

(A)  one representative of a teaching hospital affiliated with a Texas medical school;

(B)  one representative of a teaching hospital not affiliated with a Texas medical school;

(C)  three representatives of medical schools, at least one representing a medical school in The University of Texas System, and at least one representing a medical school not in The University of Texas System;

(D)  two physicians active in private practice, one of whom must be a generalist;

(E)  one doctor of osteopathic medicine active in private practice;

(F)  one representative of an entity providing managed health care;

(G)  three clinical faculty members, at least one of whom must be a generalist;

(H)  one resident physician, who is a nonvoting member; and

(I)  one medical student, who is a nonvoting member.

(f)  The appointed advisory committee members serve staggered three-year terms. The board shall make the initial committee appointments to terms of one, two, and three years as necessary so that one-third of the appointed members' terms expire each year, as nearly as practicable. The committee shall elect one of its members as presiding officer for a term of one year. The committee shall meet at least once each year at the times requested by the board or set by the presiding officer of the committee. A member of the advisory committee may not be compensated for service on the committee but is entitled to be reimbursed by the board for actual expenses incurred in the performance of the member's duties as a committee member.

(g)  The advisory committee shall:

(1)  review applications for funding of graduate medical education programs under this section and make recommendations for approval or disapproval of those applications;

(2)  make recommendations relating to the standards and criteria used for consideration and approval of grants or for the development of formulas for distribution of funding under this section;

(3)  recommend to the board an allocation of funds among medical schools, teaching hospitals, and other entities that may receive funds under this section; and

(4)  perform other duties assigned by the board.

Added by Acts 1997, 75th Leg., ch. 252, Sec. 2, eff. Sept. 1, 1997.



Section  61.0595.  Funding For Certain Excess Undergraduate Credit Hours.

(a) In the formulas established under Section 61.059, the board may not include funding for semester credit hours earned by a resident undergraduate student who before the semester or other academic session begins has previously attempted a number of semester credit hours for courses taken at any institution of higher education while classified as a resident student for tuition purposes that exceeds by at least 30 hours the number of semester credit hours required for completion of the degree program or programs in which the student is enrolled, including minors and double majors, and for completion of any certificate or other special program in which the student is also enrolled, including a program with a study-abroad component.

(b)  For purposes of Subsection (a), an undergraduate student who is not enrolled in a degree program is considered to be enrolled in a degree program requiring a minimum of 120 semester credit hours.

(c)  For a student enrolled in a baccalaureate program under Section 51.931, semester credit hours earned by the student 10 or more years before the date the student begins the new degree program under Section 51.931 are not counted for purposes of determining whether the student has previously earned the number of semester credit hours specified by Subsection (a).

(d)  The following are not counted for purposes of determining whether the student has previously earned the number of semester credit hours specified by Subsection (a):

(1)  semester credit hours earned by the student before receiving a baccalaureate degree that has previously been awarded to the student;

(2)  semester credit hours earned by the student by examination or under any other procedure by which credit is earned without registering for a course for which tuition is charged;

(3)  credit for a remedial education course, a technical course, a workforce education course funded according to contact hours, or another course that does not count toward a degree program at the institution;

(4)  semester credit hours earned by the student at a private institution or an out-of-state institution; and

(5)  semester credit hours earned by the student before graduating from high school and used to satisfy high school graduation requirements.

(e)  Subsection (a) applies only to funding for semester credit hours earned by a student who initially enrolled as an undergraduate student in any institution of higher education during or after the 1999 fall semester, except that with respect to semester credit hours earned by a student who initially enrolls as an undergraduate student in any institution of higher education before the 2006 fall semester, the board may not reduce funding under this section until the number of semester credit hours previously attempted by the student as described by this section exceeds the number of semester credit hours required for the student's degree program by at least 45 hours.

(f)  In the formulas established under Section 61.059, the board shall include without consideration of Subsection (a) funding for semester credit hours earned by a student who initially enrolled as an undergraduate student in any institution of higher education before the 1999 fall semester.

(g)  To the extent practicable, the savings to the state resulting from the exclusion of funding for excess undergraduate semester credit hours from the funding formulas of the board as required by this section shall be used to finance the Toward EXcellence, Access, & Success (TEXAS) grant program under Subchapter M, Chapter 56.

Added by Acts 1997, 75th Leg., ch. 1073, Sec. 1.07, eff. Aug. 1, 1997. Amended by Acts 1999, 76th Leg., ch. 6, Sec. 1, eff. April 8, 1999.

Amended by:

Acts 2005, 79th Leg., Ch. 1230, Sec. 13, eff. June 18, 2005.

Acts 2009, 81st Leg., R.S., Ch. 290, Sec. 1, eff. June 19, 2009.



Section 61.0596.  University Funding For Excellence In Specific Programs And Fields; Incentive Grants.

(a) The board shall administer this section to encourage and assist general academic teaching institutions, other than public state colleges, that are not research universities or emerging research universities according to the institutional groupings under the board's higher education accountability system to develop and maintain specific programs or fields of study of the highest national rank or recognition for that type of program or field.

(b)  To assist the institution in achieving the highest national rank or recognition for the applicable degree program and from money available for the purpose, the board shall award incentive grants to general academic teaching institutions described by Subsection (a) that the board considers to have demonstrated the greatest commitment to success in developing or improving, consistent with the mission of the institution, the quality of an existing degree program designated by the institution.  An institution must use a grant under this subsection for faculty recruitment or other faculty support with respect to the designated degree program for which the grant is awarded, including establishment of endowed faculty positions or enhancement of faculty compensation as considered appropriate by the institution.

(c)  An institution may designate only one degree program at a time for consideration for new funding under Subsection (b).  The institution may change its designation with the consent of the board.  If the board determines that an institution has met all the applicable benchmarks for the institution's designated program, the institution may designate another degree program for consideration for new funding under Subsection (b).

(d)  The board shall establish a series of benchmarks applicable to each degree program designated by an institution under this section.  The institution becomes eligible for funding under Subsection (b) for each benchmark the board determines that the institution has met.  The board shall establish the amount of funding for each benchmark met in a manner that provides an effective incentive to assist the institution to continue its efforts to meet the remaining benchmarks for its designated program.

(e)  Unless the board determines that a different number of benchmarks is appropriate, the board shall establish three benchmarks for each designated degree program.  The board shall identify one or more persons who have relevant expertise and do not reside in this state to assist the board in establishing the benchmarks and associated funding levels for each type of degree program designated by an institution under this section.

(f)  An institution that designates a degree program to receive funding under Subsection (b) shall reimburse the board for the costs incurred by the board in administering this section with respect to the institution's designated program.

(g)  In addition to supporting the programs designated by institutions for consideration to receive incentive grants under Subsection (b), from money available for the purpose, the board shall provide additional money as the board determines appropriate to assist the institutions described by Subsection (a) in maintaining the excellence of programs or fields of study that have achieved the highest national ranking or recognition for that type of program or field.

(h)  The legislature may not appropriate money for grants or other financial assistance to general academic teaching institutions under this section before the board certifies that one or more institutions have met at least one of the benchmarks established by the board for the institutions' designated degree programs under Subsection (d).

Added by Acts 2009, 81st Leg., R.S., Ch. 287, Sec. 6, eff. September 1, 2009.



Section  61.060.  Control Of Public Junior Colleges.

The board shall exercise, under the acts of the legislature, general control of the public junior colleges of this state, on and after September 1, 1965. All authority not vested by this chapter or other laws of the state in the board is reserved and retained locally in each respective public junior college district or the governing board of each public junior college as provided in the applicable laws.

Acts 1971, 62nd Leg., p. 3072, ch. 1024, art. 1, Sec. 1, eff. Sept. 1, 1971.



Section  61.061.  Policies, Rules, And Regulations Respecting Junior Colleges.

The board has the responsibility for adopting policies, enacting regulations, and establishing general rules necessary for carrying out the duties with respect to public junior colleges placed upon it by the legislature. The commissioner of higher education is responsible for carrying out these policies and enforcing these rules and regulations.

Acts 1971, 62nd Leg., p. 3072, ch. 1024, art. 1, Sec. 1, eff. Sept. 1, 1971.



Section  61.062.  Powers Respecting Junior Colleges.

(a) The board may authorize the creation of public junior college districts as provided in the applicable laws. In the exercise of this authority the board shall give particular attention to the need for a public junior college in the proposed district, and the ability of the district to provide adequate local financial support.

(b)  The board may dissolve any public junior college district which has failed to establish and maintain a junior college in the district within three years from the date of its authorization.

(c)  The board may adopt standards for the operation of public junior colleges and prescribe rules and regulations for them.

(d)  The board may require of each public junior college whatever reports it deems necessary in accordance with its rules and regulations.

(e)  The board may establish advisory commissions composed of representatives of public junior colleges and other citizens of the state to provide advice and counsel to the board with respect to public junior colleges.

Acts 1971, 62nd Leg., p. 3072, ch. 1024, art. 1, Sec. 1, eff. Sept. 1, 1971.



Section  61.063.  Listing And Certification Of Junior Colleges.

The commissioner of higher education shall file with the state auditor and the state comptroller on or before October 1 of each year a list of the public junior colleges in this state. The commissioner shall certify the names of those colleges that have complied with the standards, rules, and regulations prescribed by the board. Only those colleges which are so certified shall be eligible for and may receive any appropriation made by the legislature to public junior colleges.

Acts 1971, 62nd Leg., p. 3072, ch. 1024, art. 1, Sec. 1, eff. Sept. 1, 1971.



Section  61.0631.  Teacher Training Programs For Teachers Of Disadvantaged Students.

(a) The board shall plan, initiate, and finance programs of teacher training for the teaching of educationally, economically, socially, and culturally disadvantaged students in the public junior colleges, to be provided at selected institutions in the state which prepare people to teach in the public junior colleges.

(b)  The board shall sponsor and finance:

(1)  summer institutes for junior college teachers on how to teach the disadvantaged student; and

(2)  regional in-service training workshops in different parts of the state for those teachers currently teaching remedial-compensatory courses and programs for disadvantaged students.

(c)  The board shall serve as a central clearinghouse of information on remedial-compensatory education courses and programs for all public junior colleges in order to provide a statewide coordinated effort in the development of these courses and programs.

(d)  The legislature shall appropriate funds to implement the provisions of this section.

Added by Acts 1973, 63rd Leg., p. 1738, ch. 630, Sec. 1, eff. June 16, 1973.



Section  61.064.  Cooperative Undertakings With Private Colleges And Universities.

The board shall:

(1)  enlist the cooperation of private colleges and universities in developing a statewide plan for the orderly growth of the Texas system of higher education;

(2)  encourage cooperation between public and private institutions of higher education wherever possible and may enter into cooperative undertakings with those institutions on a shared-cost basis as permitted by law;

(3)  consider the availability of degree and certificate programs in private institutions of higher education in determining programs for public institutions of higher education; and

(4)  cooperate with these private institutions, within statutory and constitutional limitations, to achieve the purposes of this chapter.

Acts 1971, 62nd Leg., p. 3072, ch. 1024, art. 1, Sec. 1, eff. Sept. 1, 1971.



Section  61.065.  Reporting; Accounting.

(a) The comptroller of public accounts and the board jointly shall prescribe and periodically update a uniform system of financial accounting and reporting for institutions of higher education, including definitions of the elements of cost on the basis of which appropriations shall be made and financial records shall be maintained. The board may require institutions to report additional financial information as the board considers necessary. In order that the uniform system of financial accounting and reporting shall provide for maximum consistency with the national reporting system for higher education, the uniform system shall incorporate insofar as possible the provisions of the financial accounting and reporting manual published by the National Association of College and University Business Officers. The accounts of the institutions shall be maintained and audited in accordance with the approved reporting system.

(b)  The coordinating board shall annually evaluate the informational requirements of the state for purposes of simplifying institutional reports of every kind and shall consult with the comptroller of public accounts in relation to appropriate changes in the uniform system of financial accounting and reporting.

Acts 1971, 62nd Leg., p. 3072, ch. 1024, art. 1, Sec. 1, eff. Sept. 1, 1971. Amended by Acts 1987, 70th Leg., ch. 823, Sec. 4.02, eff. June 20, 1987; Acts 1991, 72nd Leg., ch. 599, Sec. 4, eff. Sept. 1, 1991; Acts 2003, 78th Leg., ch. 820, Sec. 14, eff. Sept. 1, 2003.



Section  61.0651.  Management Policies.

(a) The coordinating board shall adopt and recommend management policies applicable to institutions of higher education in relation to management of human resources and physical plants. The policies shall be designed to streamline operations and improve accountability.

(b)  The human resources management policies shall be designed to increase productivity. The policies may relate to any human resources management issue, including:

(1)  the improvement of health benefits for institutional employees through statewide group health benefit programs;

(2)  the creation of a management training system to assist institutions in developing personnel management systems, in complying with equal employment opportunity and affirmative action requirements, and in maintaining personnel records;

(3)  the requirement of five-year plans to manage personnel overhead, to establish position control systems for administrative personnel, and to implement productivity improvement programs; and

(4)  the development of institutional plans to identify, recruit, and develop outstanding administrators of institutions of higher education.

(c)  The physical plant management policies shall be designed to maintain the state's investment in land and facilities. The policies may require institutions to:

(1)  include estimated maintenance costs for the life of the building in any request for approval of new construction;

(2)  end the practice of deferring building maintenance;

(3)  achieve maximum utilization of classroom and laboratory facilities;

(4)  prepare annual five-year plans for major repair and rehabilitation projects and for new construction, regardless of funding source; and

(5)  implement policies and practices to reduce utility costs.

Added by Acts 1987, 70th Leg., ch. 823, Sec. 4.01, eff. June 20, 1987.



Section  61.066.  Studies And Recommendations; Reports.

(a) The board shall make studies and recommendations directed toward the achievement of excellence or toward improved effectiveness and efficiency in any phase of higher education in Texas and shall report on their studies and recommendations to the governor and the legislature. The officials of the institutions of higher education shall comply with requests for reports or information made by the board or the commissioner. To assure that the institutions of higher education timely file various reports with the appropriate agencies, the board shall receive and distribute the reports required by statute to be filed with the governor, the Legislative Budget Board, the state auditor, the state library, and any other state agency.

(b)  The board shall prepare biennial reports with reference to new programs in higher education as well as restructuring existing programs to meet the changing needs of the populace of the state. This will include but will not be limited to projected student enrollments at the various institutions, the areas of study which they will enter, and the projected demand for the various professional activities. In addition, the board shall make specific recommendations regarding the physical needs at each campus with the physical, mental, and educational needs of the student population in mind. In order to insure adequate time available for study of the reports, they shall be distributed to the appropriate offices as required by statute no later than the end of the fiscal year prior to the convening of the legislature.

(c)  The board shall conduct a biennial study to determine the total cost of attending each institution of higher education and the resources used by students to cover that cost, including the amounts of money received by students at each institution from the major sources of public and private financial aid, including grants, loans, scholarships, gifts, and work-study programs.  In conducting the study, the board shall solicit information and comments from the financial aid office at each institution of higher education.  Not later than November 1 of each even-numbered year, the board shall report the findings of the study to each legislative standing committee and subcommittee with primary jurisdiction over higher education.

Acts 1971, 62nd Leg., p. 3072, ch. 1024, art. 1, Sec. 1, eff. Sept. 1, 1971. Amended by Acts 1975, 64th Leg., p. 252, ch. 101, Sec. 1, eff. Sept. 1, 1975; Acts 2003, 78th Leg., ch. 820, Sec. 15, eff. Sept. 1, 2003.

Amended by:

Acts 2005, 79th Leg., Ch. 1181, Sec. 47, eff. September 1, 2005.



Section 61.0665.  Study On Use And Availability Of Electronic Textbooks.

(a) The board shall conduct a study and recommend policies regarding the use and availability of electronic textbooks in higher education in this state and in other states.  The study and policy recommendations must include a specific focus on the results of the pilot program implemented by The University of Texas at Austin with respect to the use of electronic textbooks and must address methods for encouraging the use of electronic textbooks at public or private institutions of higher education in this state.

(b)  Each student regent serving under Section 51.355 or 51.356 shall assist the board in performing the board's duties under Subsection (a).  The board shall establish procedures to assist a student regent in complying with this subsection.

(c)  The board may solicit and accept gifts and grants from any public or private source to conduct the study and develop policy recommendations under this section.

(d) Expired.

Added by Acts 2009, 81st Leg., R.S., Ch. 1012, Sec. 2, eff. June 19, 2009.



Section  61.067.  Contracts.

In achieving the goals outlined in this chapter and in performing the functions assigned to it, the board may contract with any other state governmental agency as authorized by law, with any agency of the United States, and with corporations and individuals. The board shall propose, foster, and encourage the use of interagency contracts among the institutions of higher education to reduce duplication and achieve better use of personnel and facilities.

Acts 1971, 62nd Leg., p. 3072, ch. 1024, art. 1, Sec. 1, eff. Sept. 1, 1971.



Section  61.068.  Gifts, Grants, Donations.

The board may accept gifts, grants, or donations of personal property from any individual, group, association, or corporation, or the United States, subject to such limitations or conditions as may be provided by law. Gifts, grants, or donations of money shall be deposited in the state treasury and expended in accordance with the specific purpose for which given, under such conditions as may be imposed by the donor and as provided by law.

Acts 1971, 62nd Leg., p. 3072, ch. 1024, art. 1, Sec. 1, eff. Sept. 1, 1971.



Section  61.069.  Board Report.

(a) The board shall file annually with the governor and the presiding officer of each house of the legislature a complete and detailed written report accounting for all funds received and disbursed by the board during the preceding fiscal year.

(b)  The annual report must be in the form and reported in the time provided by the General Appropriations Act.

Acts 1971, 62nd Leg., p. 3072, ch. 1024, art. 1, Sec. 1, eff. Sept. 1, 1971. Amended by Acts 1989, 71st Leg., ch. 1084, Sec. 1.20, eff. Sept. 1, 1989.



Section 61.070.  Pilot Project To Award Incentives To Students Contracting To Graduate In A Timely Manner.

(a) The board shall establish a pilot project under which each institution of higher education participating in the project awards incentives to students who contract to graduate from the institution in a timely manner and fulfill all other terms of the contract.  The board shall select institutions of higher education to participate in the pilot project from among institutions that apply to participate in the manner prescribed by board rule.  An institution of higher education may apply to participate on behalf of a specific degree program, department, college, or school of the institution.

(b)  On written request of an undergraduate student, the governing board of an institution of higher education participating in the pilot project shall enter into a contract with the student to award the student an incentive authorized under board rule if the student satisfies the requirement of timely graduation and other requirements established by the institution under the contract.  A student is not required to enter into a contract under this section.

(c)  A student may not request an institution of higher education to enter into a contract under this section after the end of the student's first academic year at the institution.  Each institution participating in the pilot project that offers an undergraduate degree program shall notify each entering undergraduate student of the provisions of this section not later than the sixth week of the student's first semester or term.

(d)  Each contract under this section:

(1)  must require a student entering into the contract to:

(A)  earn at least 30 required or elective credit hours each academic year;

(B)  maintain good academic standing as prescribed in the contract;

(C)  in consultation with the student's academic advisor, select a degree program not later than the end of the student's first academic year at the institution, in the case of a student enrolled in a general academic teaching institution; and

(D)  earn, as prescribed by the institution in the contract, additional credit hours during one or more regular semesters or summer sessions if the student's degree program requires more than 120 credit hours for a bachelor's degree or more than 60 credit hours for an associate degree; and

(2)  may require a student entering into the contract to enroll in any specified courses or types of courses prescribed by the degree program selected as specified in Subdivision (1)(C).

(e)  In addition to the provisions required or authorized under Subsection (d), the institution of higher education offering a contract under this section or the board may provide for any other reasonable provision to be included in a contract under this section.

(f)  A student who has entered into and satisfies the requirements of a contract under this section and who submits an application that is approved as described by Subsection (i) is entitled to an incentive under this section.

(g)  If a contract under this section includes the provision described by Subsection (d)(2), the contract must require the institution of higher education to select one of the following actions to take if a course required for the student's degree program is unavailable to the student in the sequence required by the degree program selected as specified in Subsection (d)(1)(C):

(1)  permanently waive the student's required enrollment in that course;

(2)  allow the student at that time to satisfy the course requirement by selecting for the student and substituting:

(A)  a different course that the student is eligible to take and that is available to the student; or

(B)  an independent study assignment; or

(3)  provide for the payment of the student's designated tuition and required fees for the course at the institution.

(h)  An institution of higher education required to select an option under Subsection (g) may select an option under Subsection (g)(1) or (2) only if the institution determines that such a selection will not negatively affect the quality of the student's degree program or result in the institution's noncompliance with applicable accreditation standards.

(i)  A student who enters into a contract under this section must apply for an incentive under Subsection (f) in the manner provided by the governing board of the institution of higher education awarding the incentive.  The governing board shall require an applicant for an incentive to submit satisfactory evidence that the applicant is entitled to the incentive.

(j)  An institution of higher education may not contract under this section with a student who transfers to the institution from another public or private institution of higher education.  A student's transfer from one institution of higher education to another voids a contract entered into by the student under this section with the prior institution.

(k)  This section does not apply to a student seeking a certificate at a public junior college.

(l)  In consultation with institutions of higher education, the board shall adopt rules consistent with this section as necessary to implement this section, including rules establishing the manner in which an institution of higher education must apply to participate in the pilot project, rules concerning the types of incentives that an institution may award under this section, and rules allowing an otherwise qualified student to receive an incentive under this section if the student is unable to satisfy a requirement for the incentive solely as a result of a hardship or other good cause.  In adopting rules concerning the types of incentives that may be awarded, the board shall authorize incentives such as free membership in an institution's alumni organization or free tickets to one or more athletic events.

(m)  Not later than December 31, 2007, and not later than December 31 of each year after 2007, the board shall submit a report to the legislature on the level of participation in the pilot project under this section and on the effectiveness of project contracts in encouraging students to graduate from institutions of higher education in a timely manner.

(n)  A student may not enter into a contract under this section after the end of the 2009-2010 academic year.  This section expires August 31, 2014.

Added by Acts 2005, 79th Leg., Ch. 781, Sec. 1, eff. June 17, 2005.



Section 61.071.  Student Representatives On Certain Board Advisory Committees.

(a) In this section:

(1)  "Board" means the Texas Higher Education Coordinating Board or its successor agency.

(2)  "Student government" means the representative student organization directly elected by the student body of an institution of higher education.

(b)  Not later than August 1 of each odd-numbered year, the board shall provide the following to each institution of higher education:

(1)  a list of available positions for student representatives on board advisory committees, the effective term of each of those positions, and the duties and requirements for each position;

(2)  a maximum number of nominees determined by the board allowed to be submitted by each institution for each position; and

(3)  an application form for appointment to an advisory committee.

(b-1)  The term of a student representative on a board advisory committee may not be less than two years.

(c)  Not later than September 1 of each odd-numbered year, the president of each institution of higher education shall establish a nomination process for the available positions for student representatives on board advisory committees and shall solicit student applications from which the president may select a number of applicants for those positions, not to exceed the maximum number designated by the board for each position.

(d)  Not later than the following December 1, the president shall forward the applications of the nominees selected by the president to the board for consideration.  Not later than the following February 1, the board shall appoint a total of not fewer than four student representatives to designated advisory committees of the board, including the Common Application Advisory Committee, the Distance Education Advisory Committee, the Financial Aid Advisory Committee, the Undergraduate Education Advisory Committee, the Transfer Issues Advisory Committee, or any other advisory committee created to address the needs of higher education, including committees addressing financial aid, student services, and undergraduate education needs.

(e)  A student representative on an advisory committee must meet minimum requirements prescribed by Section 51.355(d) for a nonvoting student regent, as those requirements apply to an institution of higher education.

(f)  A student representative on an advisory committee has the same powers and duties as the members of the advisory committee, including the right to attend and participate in meetings of the committee, except that the student representative:

(1)  may not vote on any matter before the committee or make or second any motion before the committee; and

(2)  is not counted in determining whether a quorum exists for a meeting of the committee or in determining the outcome of any vote of the committee.

(g)  A student representative on an advisory committee serves without pay.

(h)  A vacancy in the position of student representative on an advisory committee shall be filled for the unexpired term by appointment by the board.

Added by Acts 2007, 80th Leg., R.S., Ch. 1311, Sec. 2, eff. September 1, 2007.

Amended by:

Acts 2009, 81st Leg., R.S., Ch. 827, Sec. 1, eff. June 19, 2009.



Section  61.072.  Regulation Of Foreign Student Tuition.

The board shall adopt rules and policies to be followed by the governing boards of institutions of higher education in fixing foreign student tuition fees pursuant to Subsections (h) and (i), Section 54.051, of this code.

Added by Acts 1975, 64th Leg., p. 1359, ch. 515, Sec. 3, eff. June 19, 1975.



Section  61.073.  Allocation Of Funds For Tuition And Fee Exemptions.

Funds shall be appropriated to the Texas Higher Education Coordinating Board for allocation to each junior and community college in an amount equal to the total of all tuition and laboratory fees foregone each semester as a result of the tuition and laboratory fee exemptions required by law in Sections 54.201 through 54.209, Texas Education Code.

Added by Acts 1977, 65th Leg., p. 83, ch. 40, Sec. 1, eff. Aug. 29, 1977. Amended by Acts 1995, 74th Leg., ch. 823, Sec. 7, eff. Aug. 28, 1995.



Section  61.074.  Official Grade Point Average.

The board shall by rule establish a mandatory uniform method of calculating the official grade point average of a student enrolled in, or seeking admission to a graduate or professional school of, an institution of higher education.

Added by Acts 1977, 65th Leg., p. 1610, ch. 628, Sec. 1, eff. Aug. 29, 1977.



Section  61.075.  Courses Benefitting Military Installations.

(a) The coordinating board by rule shall provide for the offering of courses and degree programs on military installations, including significant new naval military facilities.

(b)  Any institution of higher education may cooperate with a military installation in providing degree programs and courses of particular benefit to military personnel and civilian employees stationed at or employed by the military installation, including a significant new naval military facility.

(c)  In this section, "significant new naval military facility" has the meaning assigned by Section 4, Article 1, National Defense Impacted Region Assistance Act of 1985.

Added by Acts 1985, 69th Leg., ch. 69, art. 5, Sec. 1, eff. July 30, 1985.



Section 61.076.  P-16 Council.

(a) It is the policy of the State of Texas that the entire system of education supported with public funds be coordinated to provide the citizens with efficient, effective, and high quality educational services and activities.  The P-16 Council, in conjunction with other agencies as may be appropriate, shall ensure that long-range plans and educational programs for the state complement the functioning of the entire system of public education, extending from early childhood education through postgraduate study.

(b)  The P-16 Council is composed of the commissioner of education, the commissioner of higher education, the executive director of the Texas Workforce Commission, the executive director of the State Board for Educator Certification, and the commissioner of assistive and rehabilitative services.  The commissioner of higher education and the commissioner of education shall serve as co-chairs of the council.

(c)  The co-chairs may appoint three additional members who are education professionals, agency representatives, business representatives, or other members of the community.  Members appointed to the council under this subsection serve two-year terms expiring February 1 of each odd-numbered year.

(d)  The council shall meet at least once each calendar quarter and may hold other meetings as necessary at the call of the co-chairs. Each member of the council or the member's designee shall make a report of the council's activities at least twice annually to the governing body of the member's agency, except that the commissioner of education or that commissioner's designee shall report to the State Board of Education and the commissioner of assistive and rehabilitative services or that commissioner's designee shall report to the executive commissioner of the Health and Human Services Commission.

(e)  The council shall coordinate plans and programs, including curricula, instructional programs, research, and other functions as appropriate.  This coordination shall include the following areas:

(1)  equal educational opportunity for all Texans;

(2)  college recruitment, with special emphasis on the recruitment of minority students;

(3)  preparation of high school students for further study at colleges and universities;

(4)  reduction of the dropout rate and dropout prevention;

(5)  teacher education, recruitment, and retention;

(6)  testing and assessment; and

(7)  adult education programs.

(f)  The council shall examine and make recommendations regarding the alignment of secondary and postsecondary education curricula and testing and assessment.  This subsection does not require the council to establish curriculum or testing or assessment standards.

(g)  The council shall advise the board and the State Board of Education on the coordination of postsecondary career and technology activities, career and technology teacher education programs offered or proposed to be offered in the colleges and universities of this state, and other relevant matters, including:

(1)  coordinating postsecondary career and technology education and the articulation between postsecondary career and technology education and secondary career and technology education;

(2)  facilitating the transfer of responsibilities for the administration of postsecondary career and technology education from the State Board of Education to the board in accordance with Section 111(a)(I) of the Carl D. Perkins Vocational Education Act (Pub. L. No. 98-524);

(3)  advising the State Board of Education, when it acts as the State Board for Career and Technology Education, on the following:

(A)  the transfer of federal funds to the board for allotment to eligible public postsecondary institutions of higher education;

(B)  the career and technology education funding for projects and institutions as determined by the board when the State Board for Career and Technology Education is required by federal law to endorse those determinations;

(C)  the development and updating of the state plan for career and technology education and the evaluation of programs, services, and activities of postsecondary career and technology education and amendments to the state plan for career and technology education as may relate to postsecondary education;

(D)  other matters related to postsecondary career and technology education; and

(E)  the coordination of curricula, instructional programs, research, and other functions as appropriate, including school-to-work and school-to-college transition programs and professional development activities; and

(4)  advising the Texas Workforce Investment Council on educational policy issues related to workforce preparation.

(h)  The council, in conjunction with the State Center for Early Childhood Development, shall develop and adopt a school readiness certification system as required by Section 29.161.

(1) Expired.

(2) Expired.

(3) Expired.

(i) Expired.

Added by Acts 1989, 71st Leg., ch. 1084, Sec. 1.21, eff. Sept. 1, 1989. Amended by Acts 2003, 78th Leg., ch. 820, Sec. 16, eff. Sept. 1, 2003.

Amended by:

Acts 2005, 79th Leg., Ch. 1140, Sec. 1, eff. September 1, 2005.

Acts 2007, 80th Leg., R.S., Ch. 921, Sec. 4.010, eff. September 1, 2007.



Section 61.0761.  P-16 College Readiness And Success Strategic Action Plan.

(a) The P-16 Council established under Section 61.076 shall recommend to the commissioner of education and the board a college readiness and success strategic action plan to increase student success and decrease the number of students enrolling in developmental course work in institutions of higher education.  The plan must include:

(1)  definitions, as determined by the P-16 Council in coordination with the State Board of Education, of the standards and expectations for college readiness that address the knowledge and skills expected of students to perform successfully in entry-level courses offered at institutions of higher education;

(2)  a description of the components of a P-16 individualized graduation plan sufficient to prepare students for college success;

(3)  the manner in which the Texas Education Agency should provide model curricula for use as a reference tool by school district employees;

(4)  recommendations to the Texas Education Agency, the State Board of Education, and the board regarding strategies for decreasing the number of students enrolling in developmental course work at institutions of higher education;

(5)  recommendations to the State Board for Educator Certification regarding changes to educator certification and professional development requirements that contribute to the ability of public school teachers to prepare students for higher education; and

(6)  any other elements that the commissioner of education and the board suggest for inclusion in the plan.

(b)  The commissioner of education and the board shall adopt the college readiness and success strategic action plan recommended by the P-16 Council if the commissioner of education and the board determine that the plan meets the requirements of this section.

(c)  Notwithstanding any other provision of this section, the State Board of Education retains the board's authority over the required curriculum adopted under Section 28.002.

(d)  Not later than December 1 of each even-numbered year, the commissioner of education and the board shall submit a report to the governor, the lieutenant governor, the speaker of the house of representatives, each member of the Legislative Budget Board, and the members of the standing committees of the senate and house of representatives with primary jurisdiction over the public school system and higher education system describing progress in implementing the college readiness and success strategic action plan.

(e)  The commissioner of education and the board shall adopt rules necessary to implement this section.

Added by Acts 2006, 79th Leg., 3rd C.S., Ch. 5, Sec. 5.08, eff. May 31, 2006.



Section 61.0762.  Programs To Enhance Student Success.

(a) To implement the college readiness and success strategic action plan adopted under Section 61.0761 and to enhance the success of students at institutions of higher education, the board by rule shall:

(1)  develop higher education bridge programs in the subject areas of mathematics, science, social science, or English language arts to increase student success by reducing the need for developmental education;

(2)  develop incentive programs for institutions of higher education that implement research-based, innovative developmental education initiatives;

(3)  develop a pilot program to award grants to institutions of higher education for intensive programs designed to address the needs of students at risk of dropping out of college;

(4)  develop professional development programs for faculty of institutions of higher education on college readiness standards and the implications of such standards on instruction; and

(5)  develop other programs as determined by the board that support the participation and success goals in "Closing the Gaps," the state's master plan for higher education.

(b)  The board may award a grant under Subsection (a)(3) to an institution of higher education only if at least 50 percent of the students served in the program:

(1)  have a score on the Scholastic Assessment Test (SAT) or American College Test (ACT) that is less than the national mean score for that test;

(2)  have been awarded a grant under the federal Pell grant program;

(3)  are at least 20 years of age on the date the student enrolls as a first-time freshman in the institution of higher education;

(4)  have enrolled or will initially enroll as a part-time student; or

(5)  meet any other requirements established by the board.

Added by Acts 2006, 79th Leg., 3rd C.S., Ch. 5, Sec. 5.08, eff. May 31, 2006.

Amended by:

Acts 2009, 81st Leg., R.S., Ch. 851, Sec. 2, eff. June 19, 2009.



Section 61.07621.  Texas Governor's Schools.

(a) A Texas governor's school is a summer residential program for high-achieving high school students.  A governor's school program may include any or all of the following educational curricula:

(1)  mathematics and science;

(2)  humanities;

(3)  fine arts; or

(4)  leadership and public policy.

(b)  A public senior college or university may apply to the board to administer a Texas governor's school program under this section.  The board shall give preference to a public senior college or university that applies in cooperation with a nonprofit association.  The board shall give additional preference if the nonprofit association receives private foundation funds that may be used to finance the program.

(c)  The board may approve an application under this section only if the applicant:

(1)  applies within the period and in the manner required by rule adopted by the board;

(2)  submits a program proposal that includes:

(A)  a curriculum consistent with Subsection (a);

(B)  criteria for selecting students to participate in the program;

(C)  a statement of the length of the program, which must be at least three weeks; and

(D)  a statement of the location of the program;

(3)  agrees to use a grant under this section only for the purpose of administering a program; and

(4)  satisfies any other requirements established by rule adopted by the board.

(d)  The criteria described by Subsection (c)(2)(B) must include grade point average, academic standing, and extracurricular activities.

(e)  From funds appropriated to the board, the board may make a grant in an amount not to exceed $750,000 each year to public senior colleges or universities whose applications are approved under this section to pay the costs of administering a Texas governor's school program.

(f)  The board may adopt other rules necessary to implement this section.

Added by Acts 2006, 79th Leg., 3rd C.S., Ch. 5, Sec. 5.04, eff. May 31, 2006.

Redesignated from Education Code, Section 29.124 and amended by Acts 2007, 80th Leg., R.S., Ch. 876, Sec. 1, eff. June 15, 2007.



Section 61.07622.  Higher Education Assistance Plan.

(a) The board shall develop a plan under which each public high school in this state that is, as determined by the board in accordance with board rule, substantially below the state average in the number of graduates who attend public or private or independent institutions of higher education is required to:

(1)  provide to prospective students information related to enrollment in public or private or independent institutions of higher education, including admissions and financial aid information; and

(2)  assist those prospective students in completing applications related to enrollment in those institutions, including admissions and financial aid applications.

Added by Acts 2009, 81st Leg., R.S., Ch. 1342, Sec. 6, eff. June 19, 2009.



Section 61.0766.  Mathematics, Science, And Technology Teacher Preparation Academies.

(a) From funds appropriated for that purpose, the board shall establish academies at institutions of higher education to improve the instructional skills of teachers certified under Subchapter B, Chapter 21, and train students enrolled in a teacher preparation program to perform at the highest levels in mathematics, science, and technology.  The board may adopt rules as necessary to administer this section.

(b)  Before an institution of higher education establishes an academy under this section, the institution must apply through a competitive process, as determined by the board, and meet any requirements established by the board for designation as an academy under this section and  continued funding.  The institution of higher education must have a teacher preparation program approved by the State Board for Educator Certification or be affiliated with a program approved by the State Board for Educator Certification.

(c)  A participant in an academy program must be:

(1)  an experienced teacher who:

(A)  is recommended by a school district; and

(B)  has at least two years experience teaching mathematics, science, or technology in assignments for which the teacher met all certification requirements; or

(2)  a teacher preparation program candidate who has or will graduate with a degree in mathematics, science, or technology.

(d)  An academy program shall:

(1)  offer a masters-level degree as part of the program on a schedule that allows a teacher participant to complete the program and degree while employed as a teacher;

(2)  coordinate with the mathematics, science, and technology departments of the institution of higher education operating the program to facilitate the ability of:

(A)  academy participants to take advanced courses and qualify for degrees; and

(B)  teacher preparation program candidates pursuing mathematics, science, or technology degrees to participate in academy programs;

(3)  integrate advanced subject-matter coursework with instructional methodology and curriculum delivery; and

(4)  focus on strengthening instructional skills.

(e)  An academy program may:

(1)  provide financial assistance for the purpose of allowing participants to complete the program and obtain a master teacher certificate under Section 21.0482, 21.0483, or 21.0484;

(2)  include programs in leadership skills to develop training, mentoring, and coaching skills;

(3)  deliver coursework electronically for some or all of the program; and

(4)  provide for ongoing professional development and coordination with specific public school instructional programs.

Added by Acts 2007, 80th Leg., R.S., Ch. 1058, Sec. 4, eff. June 15, 2007.

Transferred from Education Code, Section 21.462 and amended by Acts 2009, 81st Leg., R.S., Ch. 852, Sec. 1, eff. June 19, 2009.



Section  61.0771.  Distance Learning Master Plan.

(a) The board, in cooperation with institutions of higher education, shall develop a master plan for the development of distance learning and other applications of instructional electronic technology by institutions of higher education and as necessary may revise the plan. The plan shall include recommendations for:

(1)  the coordination and integration of distance learning and related telecommunications activities among institutions of higher education and other public or private entities to achieve optimum efficiency and effectiveness in providing necessary services, including identification of the costs and any cost savings to be achieved by the use of distance learning and related activities such as teleconferencing or sharing resources by telecommunications;

(2)  the development and acquisition of distance learning infrastructure and equipment, including its functions and capabilities, within and among institutions of higher education consistent with the missions of those institutions and the recipients of their services;

(3)  the establishment of uniform or compatible standards and technologies for distance learning;

(4)  the training of faculty and staff in the use and operation of distance learning facilities;

(5)  appropriate applications of distance learning, including the identification of the needs of the student populations to be served;

(6)  policies relating to the funding for implementation and administering of distance learning, including interinstitutional funds transfers among institutions providing and receiving distance learning services and formula funding allocations, and recommendations for the appropriate fees for services offered through distance learning;

(7)  revising regulatory policy relating to public utilities to facilitate distance learning; and

(8)  any statutory or regulatory changes desirable to promote distance learning or to implement the master plan.

(b)  The board may include in the plan any related recommendation the board considers appropriate, including recommendations for coordination of distance learning with other telecommunications activities and services conducted by government agencies or private entities.

(c)  To assist in the development of the plan, the board shall create an advisory committee consisting of experts in distance learning, including school administrators and faculty and lay persons. The board shall include on the committee a representative of each university system and each public senior college or university under a separate governing board, and representatives of public junior colleges, public health science centers, centers created under Chapter 106, Health and Safety Code, medical schools, public technical institutes, and independent institutions of higher education. The advisory committee shall include at least three faculty members who teach a distance learning course. The appointment of an employee of an institution of higher education to the committee must be approved by the president or chancellor of that institution.

(d)  The advisory committee may request the cooperation or participation of state agencies, public broadcasting stations, representatives of the local and long-distance telecommunications industries, representatives of federally qualified health centers, and representatives providing distance learning equipment or services, including computer hardware and software, in preparing the master plan.

(e)  Repealed by Acts 2003, 78th Leg., ch. 820, Sec. 53.

Added by Acts 1995, 74th Leg., ch. 133, Sec. 1, eff. Aug. 28, 1995. Amended by Acts 2003, 78th Leg., ch. 820, Sec. 18, 53, eff. Sept. 1, 2003.



Section  61.0775.  Business Research And Development.

(a) The board shall designate an institution of higher education with appropriate facilities and resources to conduct a continuing study of the programs and other efforts of institutions of higher education to address the needs of small businesses in this state for assistance in research, development, and prototyping.

(b)  At times the board considers appropriate, the institution conducting the continuing study shall make recommendations on actions that may be taken to address the needs of small businesses as described by Subsection (a) in the most cost-effective manner, including through the participation of institutions of higher education in partnerships, ventures, or projects that promote the commercialization of technology for or by small businesses. The board shall deliver the recommendations to appropriate institutions of higher education and to the legislature.

Added by Acts 1997, 75th Leg., ch. 616, Sec. 1, eff. Sept. 1, 1997.



Section  61.0776.  Center For Financial Aid Information.

(a) The board, in cooperation with public and private or independent institutions of higher education, the Texas Education Agency, public school counselors, representatives of student financial aid offices of any institutions, regional education service centers, and the Texas Guaranteed Student Loan Corporation, shall develop a center for financial aid information. The center shall disseminate information about financial aid opportunities and procedures, including information about different types of financial aid available, eligibility requirements, and procedures for applying for financial aid. The center shall also provide information to prospective students about the Teach for Texas grant program. The information must emphasize the importance of teaching as a profession.

(b)  To assist the board in developing information provided by the center, the board shall create and appoint an advisory committee that consists of experts in financial aid administration, public school counselors, and other persons who can provide insight into the informational needs of students.

(c)  The board may designate an institution of higher education or other entity with appropriate facilities and resources to operate or house the center. If the board designates a public nonprofit entity created by the legislature to operate or house the center, the board may reimburse the entity from money appropriated for that purpose for the costs incurred by the entity in carrying out the activities of the center under this section.

(d)  The center shall maintain a toll-free telephone line that is staffed by persons knowledgeable about financial aid information in this state.

(e)  The center shall, based on the advisory committee's recommendations, publish information concerning financial aid opportunities in this state and shall:

(1)  furnish a written copy of the information to each middle school, junior high school, and high school counselor in this state; and

(2)  post the information on an Internet website accessible to the public.

(f)  The board, in cooperation with the entities specified by Subsection (a) and the advisory committee established by Subsection (b), shall develop a comprehensive financial aid training program for public school counselors, employees of student financial aid offices of public and private or independent institutions of higher education, members of appropriate community-based organizations, and other appropriate persons.  The board may adopt rules as necessary to administer the training program.  The board shall design the training program to:

(1)  use the information required by Subsection (e) and any other information necessary to carry out this subdivision:

(A)  to inform persons receiving the training concerning:

(i)  the opportunities available to students for obtaining financial aid, including eligibility requirements; and

(ii)  the procedures for obtaining financial aid; and

(B)  to provide sufficient and accessible detail to enable the persons receiving the training to provide timely and consistent answers to the questions of students and their parents, conservators, or guardians concerning the opportunities and procedures;

(2)  teach methods to enable the persons receiving the training to effectively communicate financial aid information to students and their parents, conservators, or guardians;

(3)  support and promote the dissemination of financial aid information to students and their parents, conservators, or guardians throughout local areas; and

(4)  publicize the training and make the training easily available to public school counselors and other appropriate persons throughout this state.

Added by Acts 1999, 76th Leg., ch. 1590, Sec. 5, eff. June 19, 1999. Amended by Acts 2001, 77th Leg., ch. 1261, Sec. 2, eff. June 15, 2001.

Amended by:

Acts 2005, 79th Leg., Ch. 1181, Sec. 48, eff. September 1, 2005.



Section 61.0777.  Uniform Standards For Publication Of Cost Of Attendance Information.

(a) The board shall prescribe uniform standards intended to ensure that information regarding the cost of attendance at institutions of higher education is available to the public in a manner that is consumer-friendly and readily understandable to prospective students and their families.  In developing the standards, the board shall examine common and recommended practices regarding the publication of such information and shall solicit recommendations and comments from institutions of higher education and interested private or independent institutions of higher education.

(b)  The uniform standards must:

(1)  address all of the elements that constitute the total cost of attendance, including tuition and fees, room and board costs, book and supply costs, transportation costs, and other personal expenses; and

(2)  prescribe model language to be used to describe each element of the cost of attendance.

(c)  Each institution of higher education that offers an undergraduate degree or certificate program shall:

(1)  prominently display on the institution's Internet website in accordance with the uniform standards prescribed under this section information regarding the cost of attendance at the institution by a full-time entering first-year student; and

(2)  conform to the uniform standards in any electronic or printed materials intended to provide to prospective undergraduate students information regarding the cost of attendance at the institution.

(d)  Each institution of higher education shall consider the uniform standards prescribed under this section when providing information to the public or to prospective students regarding the cost of attendance at the institution by nonresident students, graduate students, or students enrolled in professional programs.

(e)  The board shall prescribe requirements for an institution of higher education to provide on the institution's Internet website consumer-friendly and readily understandable information regarding student financial aid opportunities.  The required information must be provided in connection with the information displayed under Subsection (c)(1) and must include a link to the primary federal student financial aid Internet website intended to assist persons applying for student financial aid.

(f)  The board shall provide on the board's Internet website a program or similar tool that will compute for a person accessing the website the estimated net cost of attendance for a full-time entering first-year student attending an institution of higher education.  The board shall require each institution to provide the board with the information the board requires to administer this subsection.

(g) Expired.

(h)  The board shall encourage private or independent institutions of higher education approved under Subchapter F to participate in the tuition equalization grant program, to the greatest extent practicable, to prominently display the information described by Subsections (a) and (b) on their Internet websites in accordance with the standards established under those subsections, and to conform to those standards in electronic and printed materials intended to provide to prospective undergraduate students information regarding the cost of attendance at the institutions.  The board shall also encourage those institutions to include on their Internet websites a link to the primary federal student financial aid Internet website intended to assist persons applying for student financial aid.

(i)  The board shall make the program or tool described by Subsection (f) available to private or independent institutions of higher education described by Subsection (h), and those institutions shall make that program or tool, or another program or tool that complies with the requirements for the net price calculator required under Section 132(h)(3), Higher Education Act of 1965 (20 U.S.C. Section 1015a), available on their Internet websites not later than the date by which the institutions are required by Section 132(h)(3) to make the net price calculator publicly available on their Internet websites.

Added by Acts 2009, 81st Leg., R.S., Ch. 681, Sec. 3, eff. June 19, 2009.

Added by Acts 2009, 81st Leg., R.S., Ch. 1233, Sec. 1, eff. June 19, 2009.



Section  61.078.  Public Senior College Or University Cooperative Education Program.

(a) The board may establish and coordinate a cooperative program with one or more public senior colleges or universities under which undergraduate or graduate students enrolled in those colleges or universities may be employed by the board to work at the Lyndon B. Johnson Space Center of the National Aeronautics and Space Administration on a part-time or full-time basis.

(b)  The Lyndon B. Johnson Space Center shall:

(1)  place, supervise, and evaluate each student who participates in the cooperative program; and

(2)  ensure that the student performs work related to the study of science, mathematics, or engineering to encourage students to complete their studies in those disciplines.

(c)  The public senior college or university in which a student who participates in the cooperative program is enrolled shall, in cooperation with the board, determine the number, if any, and type of credits toward graduation the student may be given for participation in the program. If the college or university determines that the student is to be given academic course credit toward graduation, the number and type of credits must be based on the type of work and the number of hours of work in which the student participates.

(d)  In establishing and coordinating the cooperative program, the board may use state funds appropriated for that purpose and gifts, grants, and donations solicited for that purpose. The board shall use money it receives in accordance with this subsection to pay the costs associated with the cooperative program, including the wages of students who participate in the cooperative program.

Added by Acts 1999, 76th Leg., ch. 1533, Sec. 2, eff. June 19, 1999.



Section  61.079.  Waste Management Degree Programs And Research.

(a) The board shall initiate and encourage the development of and by rule shall adopt standards for the approval of elective courses in waste management and waste management degree programs at institutions of higher education.

(b)  For purposes of this section, a waste management degree program includes:

(1)  a single-discipline degree program with an emphasis on solid waste management and recycling; or

(2)  an interdisciplinary degree program that reflects business, political, economic, public affairs, legal, environmental, or engineering perspectives on waste management and recycling.

(c)  The board shall encourage institutions of higher education:

(1)  to develop graduate or research programs involving research and development of innovative products made from recycled materials; and

(2)  as part of a statewide recycling extension service, to provide professionals in recycling fields with technical data and information developed by those programs.

Added by Acts 1991, 72nd Leg., ch. 303, Sec. 11, eff. Sept. 1, 1991.



Section  61.080.  Continuing Study Of Minority Participation In Higher Education.

(a) The board shall collect data and maintain a database relating to the participation of members of racial and ethnic minority groups in this state in public higher education, including data relating to minority applications, recruitment, admissions, retention, graduation, and professional licensing at both the undergraduate and graduate levels.

(b)  The board shall maintain a continuous study of the data collected under Subsection (a) and of factors affecting that data.

(c)  In order to avoid duplication with any other study by the office of the comptroller, the board shall, through a memorandum of understanding, work in conjunction with the comptroller in conducting the study.

Added by Acts 1997, 75th Leg., ch. 885, Sec. 1, eff. June 18, 1997.



Section  61.0815.  Report On Higher Education Employees Serving As Expert Witnesses In Certain Suits.

(a) In this section, "member of the faculty or professional staff of an institution of higher education" means a person who is employed full-time by an institution of higher education as a member of the faculty or staff and whose duties include teaching, research, administration, or the performance of professional services, including professional library services. The term does not include a person employed in a position controlled by the institution's classified personnel system or a person employed in a similar position if the institution does not have a classified personnel system.

(b)  Not later than November 1 of each year, the board shall submit to the governor and to the presiding officer of each house of the legislature a written report regarding compensated service by members of the faculty or professional staff of institutions of higher education as consulting or testifying expert witnesses in suits in which the state is a party during the preceding state fiscal year. The information in the report shall be reported without identifying specific individuals. The report must specify:

(1)  the amounts of time spent by the faculty or professional staff members in connection with that service; and

(2)  the names, cause numbers, and outcomes of the cases in which that service was rendered, including the amounts of:

(A)  any judgments entered against the state;

(B)  any prejudgment or postjudgment interest awarded against the state; and

(C)  any attorney's fees of another party ordered to be paid by the state.

(c)  The attorney general and the president of each institution of higher education shall collect all necessary data for inclusion in the report required by this section.

Added by Acts 1999, 76th Leg., ch. 1349, Sec. 1, eff. Sept. 1, 1999.



Section  61.0816.  Information Regarding Higher Education Authorities.

(a) The board shall collect and make available to the public on request information regarding higher education authorities operating under Chapters 53, 53A, and 53B and nonprofit corporations carrying out the functions of higher education authorities under those chapters.  For each authority or corporation, the information must include:

(1)  the total amount and type of outstanding bonds issued by the authority or corporation;

(2)  a description of the programs and activities administered by the authority or corporation; and

(3)  with respect to any real property owned by the authority or corporation:

(A)  the location and description of the property;

(B)  the current or proposed use of the property, including whether the property is under construction or renovation;

(C)  the method by which the authority or corporation financed the acquisition, construction, or renovation of the property;

(D)  the school, public or private institution of higher education, or other educational institution for which the property is being used or proposed to be used;

(E)  whether the property is exempt from ad valorem taxes; and

(F)  the appraised value of the property.

(b)  A higher education authority or nonprofit corporation described by this section shall provide the board the relevant information the board requests at the time and in the manner the board prescribes.

Added by Acts 2003, 78th Leg., ch. 820, Sec. 19, eff. Sept. 1, 2003.

Amended by:

Acts 2005, 79th Leg., Ch. 641, Sec. 3, eff. September 1, 2005.



Section  61.0817.  Individual Development Account Information Program.

(a) The board shall establish and administer a program to provide student financial aid offices at public junior colleges with information and other assistance to enable those offices to provide appropriate students of those colleges with information and referrals regarding the availability of and services offered by individual development account programs. The board shall evaluate the program as necessary to determine the effectiveness of the program at increasing student awareness of and participation in individual development account programs.

(b)  The board may adopt rules for the administration of this section.

Added by Acts 2003, 78th Leg., ch. 1200, Sec. 1, eff. June 20, 2003.

Renumbered from Education Code, Section 61.0816 by Acts 2005, 79th Leg., Ch. 728, Sec. 23.001(21), eff. September 1, 2005.



Section  61.082.  Research.

(a) The board shall:

(1)  encourage institutions of higher education and the faculty of those institutions to individually or through collaborative effort conduct human immunodeficiency virus (HIV) related research; and

(2)  recognize achievements in basic and applied HIV-related research.

(b)  The board shall encourage and fund applied and basic HIV-related research through its ongoing research programs, including the Advanced Technology and Advanced Research Programs.

Added by Acts 1989, 71st Leg., ch. 1195, Sec. 18, eff. Sept. 1, 1989. Renumbered from Education Code Sec. 61.078 by Acts 1991, 72nd Leg., 1st C.S., ch. 14, Sec. 8.01(10), eff. Nov. 12, 1991.



Section  61.0821.  Research On Border Region Environmental Issues.

(a) In this section, "border region" means the area composed of the counties of Atascosa, Bandera, Bexar, Brewster, Brooks, Cameron, Crockett, Culberson, Dimmit, Duval, Edwards, El Paso, Frio, Hidalgo, Hudspeth, Jeff Davis, Jim Hogg, Jim Wells, Kenedy, Kerr, Kimble, Kinney, Kleberg, Live Oak, La Salle, Maverick, McMullen, Medina, Nueces, Pecos, Presidio, Real, Reeves, San Patricio, Starr, Sutton, Terrell, Uvalde, Val Verde, Webb, Willacy, Zapata, and Zavala.

(b)  The board shall encourage institutions of higher education and other entities using state research or technology funds to apply those funds to environmental issues in the border region to the extent consistent with the authorized use of those funds.

Added by Acts 1999, 76th Leg., ch. 198, Sec. 1, eff. Aug. 30, 1999.



Section  61.0822.  Contract With Texas Board Of Architectural Examiners.

The board may contract with the Texas Board of Architectural Examiners to administer the examination fee scholarship program established under Section 1051.206, Occupations Code.

Added by Acts 2001, 77th Leg., ch. 861, Sec. 10, eff. Sept. 1, 2001. Amended by Acts 2003, 78th Leg., ch. 1276, Sec. 14A.769, eff. Sept. 1, 2003.



Section  61.083.  Review Of Child Development Training Agreements.

(a) In this section:

(1)  "Articulation" means the alignment of lower division courses and requirements and the sequencing of lower and upper division courses and programs that are offered by vocational programs and two-year or four-year institutions of higher education.

(2)  "Transfer" means the process of reviewing and admitting applicants for advanced standing.

(b)  to (d) Repealed by Acts 1995, 74th Leg., ch. 823, Sec. 13(4), eff. Aug. 28, 1995.

Added by Acts 1993, 73rd Leg., ch. 363, Sec. 1, eff. Aug. 30, 1993. Amended by Acts 1995, 74th Leg., ch. 76, Sec. 5.95(82), (88), eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 823, Sec. 13(4), eff. Aug. 28, 1995.



Section  61.084.  Training For Members Of Governing Boards.

(a) The board by rule shall establish a training program for members of the governing boards of institutions of higher education. Each member of a governing board of an institution of higher education the members of which are appointed shall attend, during the member's first two years of service as a member of a governing board of an institution of higher education, at least one training program under this section. A member of a governing board of an institution of higher education the members of which are elected may attend a training program conducted under this section. A member of a governing board who is required to attend a training program under this section may, but need not, attend additional training programs under this section.

(b)  The training program must include a seminar held annually in Austin to be conducted by the staff of the board. The staff of the board may obtain assistance from representatives of the office of the attorney general, the office of the comptroller of public accounts, the office of the state auditor, and the Texas Ethics Commission and from other training personnel the board deems necessary. The board by rule may prescribe an alternative training program for members of governing boards for whom attendance at a seminar held in Austin would be a hardship. The alternative training program need not be in the form of a seminar but must include substantially the same information included in the seminar held in Austin.

(c)  The board by rule shall establish a registration fee to be paid by training program participants in an amount adequate to cover the costs incurred by the board and other state agencies in providing the training program. A participant shall pay from private funds the fee required by this subsection and the participant's costs of travel, including transportation, lodging, and meals. Neither the fee required by this subsection nor a participant's travel costs shall be reimbursed from appropriated funds, other than grants and donations of private funds available for that purpose.

(d)  The content of the instruction at the training program shall focus on the official role and duties of the members of governing boards and shall provide training in the areas of budgeting, policy development, and governance. Topics covered by the training program may include:

(1)  auditing procedures and recent audits of institutions of higher education;

(2)  the enabling legislation that creates institutions of higher education;

(3)  the role of the governing board at institutions of higher education and the relationship between the governing board and an institution's administration, faculty and staff, and students;

(4)  the mission statements of institutions of higher education;

(5)  disciplinary and investigative authority of the governing board;

(6)  the requirements of the open meetings law, Chapter 551, Government Code, and the open records law, Chapter 552, Government Code;

(7)  the requirements of conflict of interest laws and other laws relating to public officials;

(8)  any applicable ethics policies adopted by institutions of higher education or the Texas Ethics Commission; and

(9)  any other topic relating to higher education the board considers important.

Added by Acts 1993, 73rd Leg., ch. 621, Sec. 1, eff. Sept. 1, 1993. Renumbered from Education Code Sec. 61.083 and amended by Acts 1995, 74th Leg., ch. 59, Sec. 1, eff. Sept. 1, 1995. Renumbered from Education Code Sec. 61.083 by Acts 1995, 74th Leg., ch. 76, Sec. 17.01(11), eff. Sept. 1, 1995. Amended by Acts 1995, 74th Leg., ch. 99, Sec. 1, eff. May 16, 1995.



Section  61.085.  On-line Surplus Property Resource.

(a) The board shall establish and maintain an Internet site or similar facility accessible to school districts by telecommunication to allow an institution of higher education to provide notice to school districts in this state of any available surplus or salvage property of the institution that consists of instructional materials or that may be used for instructional purposes. The board shall operate the facility to allow a school district to make a direct inquiry to an institution regarding the possible acquisition of property by the school district.

(b)  The board may charge a fee for an institution or school district to use the facility.

Added by Acts 1999, 76th Leg., ch. 274, Sec. 3, eff. Sept. 1, 1999; Acts 1999, 76th Leg., ch. 1281, Sec. 3, eff. Sept. 1, 1999.



Section  61.086.  Uniform Recruitment And Retention Strategy.

(a) The board shall develop and annually update a uniform strategy to identify, attract, retain, and enroll students that reflect the population of this state.

(b)  Each institution of higher education shall implement the uniform strategy developed under Subsection (a).  Each institution shall report to the board as part of the annual report submitted under Section 51.4032 the manner in which the institution has implemented the uniform strategy.

Added by Acts 1999, 76th Leg., ch. 1392, Sec. 1, eff. Aug. 30, 1999.

Amended by:

Acts 2005, 79th Leg., Ch. 694, Sec. 3, eff. June 17, 2005.



Section  61.087.  Matching Scholarships To Retain Students In Texas.

(a) The board shall adopt rules that allow a public or private or independent institution of higher education to use any funds appropriated to the institution or that the institution may use for the award of scholarships or grants to match, in whole or in part, any nonathletic scholarship or grant offer, including an offer of the payment of tuition, fees, room and board, or a stipend, received by a graduate of a Texas public or private high school from an out-of-state institution of higher education. The rules shall provide for verifying that an out-of-state institution has made a nonathletic scholarship or grant offer to a student and the amount of the offer. The board may adopt any other rule necessary to implement this section.

(b)  In adopting rules under this section, the board may not require an institution to match a scholarship or grant offer.

(c)  Each public or private or independent institution of higher education shall report to the board all scholarships or grants offered by out-of-state institutions for which the reporting institution offered a matching scholarship or grant under this section and all scholarships or grants offered or awarded by the reporting institution under this section and the methods used to encourage Texas high school graduates to attend that institution. The report shall include the race or ethnicity and gender of each person to whom that institution offered or awarded a scholarship or grant, the high school from which the person graduated, the out-of-state institution that offered the scholarship or grant, and the value and type of each scholarship or grant.

Added by Acts 1999, 76th Leg., ch. 1010, Sec. 1, eff. June 18, 1999. Renumbered from Sec. 61.086 by Acts 2001, 77th Leg., ch. 1420, Sec. 21.001(21), eff. Sept. 1, 2001.



Section 61.088.  Higher Education Enrollment Assistance Program.

(a) To the extent that funds are available for the purpose, the board shall administer the Higher Education Enrollment Assistance Program.  Under the program, the board shall:

(1)  provide information related to enrollment in public or private or independent institutions of higher education, including admissions and financial aid information, to prospective students in three areas of this state identified by the board as having a significant number of students who graduate from high school and do not attend an institution of higher education; and

(2)  assist those prospective students in completing applications related to enrollment in those institutions, including admissions and financial aid applications.

(b)  To the extent that funds are available for the purpose, the board shall expand the program to include additional areas identified by the board as meeting the criteria specified by Subsection (a).

(c)  The board shall provide the information and assistance required by this section at least twice each year at one or more appropriate locations in each area served by the program.

(d)  The board may coordinate with an institution of higher education or other entity to provide the information and assistance required by this section in each area served by the program.

(e)  Not later than August 31 of each year, the board shall submit to the legislature a report on the scope and effectiveness of the program.

(f)  The board shall adopt rules as necessary to implement this section.

Added by Acts 2005, 79th Leg., Ch. 1181, Sec. 49, eff. September 1, 2005.



Section  61.089.  State Science And Engineering Fairs.

(a) The board shall conduct an annual state science and engineering fair as part of an outreach program for middle school, junior high school, and high school students to:

(1)  promote an appreciation for and interest in science, mathematics, and engineering among middle school, junior high school, and high school students;

(2)  assist schools and school districts in fulfilling their missions of science, mathematics, and engineering education; and

(3)  promote workforce development in the fields of science, mathematics, and engineering by providing students with an opportunity to interact with higher education and corporate institutions.

(b)  The board may contract with public or private entities to conduct the state fair.

(c)  The board shall coordinate the state fair with local and regional science and engineering fairs held in this state.

(d)  The board shall adopt rules for the organization and operation of the state fair and shall select the participants in the fair.

(e)  The board may use general revenue funds appropriated for that purpose and any gifts, grants, and donations to conduct the state fair. The amount of general revenue funds appropriated for that purpose in a state fiscal year may not exceed $10,000 or the total amount of money received as gifts, grants, or donations, whichever amount is less.

Added by Acts 2001, 77th Leg., ch. 562, Sec. 1, eff. June 11, 2001. Renumbered from Education Code Sec. 61.088 by Acts 2003, 78th Leg., ch. 1275, Sec. 2(36), eff. Sept. 1, 2003.



Section 61.0899.  Assistance In Certain Rural Health Care Loan Reimbursement And Stipend Programs.

The board shall, in cooperation with the Texas Department of Rural Affairs and the department's advisory panel established under Section 487.552, Government Code, ensure that the board seeks to obtain the maximum amount of funds from any source, including federal funds, to support programs to provide student loan reimbursement or stipends for graduates of degree programs in this state who practice or agree to practice in a medically underserved community.

Added by Acts 2001, 77th Leg., ch. 435, Sec. 3, eff. May 28, 2001. Amended by Acts 2003, 78th Leg., ch. 609, Sec. 8, eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 1276, Sec. 9.006(g), eff. Sept. 1, 2003.

Amended by:

Acts 2009, 81st Leg., R.S., Ch. 112, Sec. 5, eff. September 1, 2009.



Section  61.090.  Pilot Centers For Advancement Of Quality In Long-term Care.

(a) The governing board of the University of North Texas Health Science Center at Fort Worth and the governing board of the Texas Tech University Health Sciences Center each may establish at the respective health science center a pilot center for the advancement of quality in long-term care for the purpose of:

(1)  identifying opportunities for research, education, and outreach programs designed to improve the quality of care in long-term care facilities; and

(2)  implementing and evaluating those research, education, and outreach programs.

(b)  Each pilot center shall:

(1)  identify existing consumer-centered clinical and quality-of-life assessment protocols and develop new such assessment protocols;

(2)  evaluate the assessment protocols described by Subdivision (1);

(3)  identify existing consumer-centered clinical and quality-of-life care protocols and develop new such care protocols;

(4)  evaluate the care protocols described by Subdivision (3);

(5)  evaluate the role of reimbursement and financial incentives in improving the quality of care in long-term care facilities;

(6)  serve as training sites for physicians, registered nurses, licensed vocational nurses, nursing assistants, long-term care facility administrators, therapists, social workers, and long-term care facility surveyors and investigators;

(7)  evaluate the role of telecommunications technology in improving the quality of care in long-term care facilities in remote or underserved areas; and

(8)  develop best practices that can be taught and appropriately replicated in long-term care facilities.

(c)  Each pilot center shall establish a multidisciplinary leadership team to coordinate the activities across the pilot centers to:

(1)  establish uniformity in information and best practices; and

(2)  disseminate in conjunction with appropriate state agencies and long-term care professional organizations:

(A)  the assessment and care protocols described by Subsections (b)(1) and (3); and

(B)  informational materials regarding the professional, organizational, and managerial capacities necessary to advance the quality of care in long-term care facilities.

Added by Acts 2001, 77th Leg., ch. 1374, Sec. 1, eff. June 16, 2001. Renumbered from Education Code Sec. 61.088 by Acts 2003, 78th Leg., ch. 1275, Sec. 2(37), eff. Sept. 1, 2003.



Section 61.0901.  Incentives To Promote Retention And Graduation Of Nursing Students. (a)

In this section, "professional nursing program" has the meaning assigned by Section 61.9621.

(b)  The board shall consider and develop methods to promote the retention and graduation of students enrolled in a professional nursing program and shall adopt rules to implement those methods the board considers feasible, including recommendations on financial aid.

(c)  The board by rule shall establish a program to recognize a professional nursing program that achieves a graduation rate of 85 percent or more.

Added by Acts 2007, 80th Leg., R.S., Ch. 344, Sec. 1, eff. September 1, 2007.



Section  61.0902.  Publication Of Performance Data Of General Academic Teaching Institutions.

(a) The board shall administer a program to publish performance data provided to the board by general academic teaching institutions under this section.

(b)  Not later than the next November 1 following the completion of an academic year, each general academic teaching institution shall provide to the board one or more reports containing data related to:

(1)  the qualifications of the entering freshman class for the academic year covered by the report, including:

(A)  the average Texas Academic Skills Program Test scores of the class;

(B)  the average scores of the class on each generally recognized test or assessment used in college and university undergraduate admissions, including the Scholastic Assessment Test and the American College Test;

(C)  the range of scores of the class from the 25th to the 75th percentile on each generally recognized test or assessment used in college and university undergraduate admissions, including the Scholastic Assessment Test and the American College Test;

(D)  the overall grade point average of the class for the academic year covered by the report;

(E)  the number of students in the class who graduated in the top 10 percent of the student's high school graduating class; and

(F)  enrollment percentages by ethnicity; and

(2)  student performance and institution efficiency, including:

(A)  the retention rate of full-time students after the completion of one academic year at the institution;

(B)  the percentage of full-time degree-seeking undergraduate students who earn a baccalaureate degree before the sixth anniversary of the date of the student's first enrollment at the institution;

(C)  the percentage of lower-division semester credit hours taught by tenured or tenure-track faculty;

(D)  the percentage of undergraduate classes with fewer than 20 students;

(E)  the percentage of undergraduate classes with more than 50 students;

(F)  the student-to-faculty ratio for undergraduate students;

(G)  the percentage of students receiving financial aid;

(H)  the average cost of tuition and fees for an undergraduate student enrolled for 12 semester credit hours;

(I)  the average cost of on-campus room and board for an academic year, excluding summer sessions;

(J)  the number of disciplines in which master's degrees are offered;

(K)  the number of disciplines in which doctoral degrees are offered;

(L)  a description of any departments, schools, or certificate or degree programs of the institution that have a statewide or national reputation for excellence; and

(M)  statistics regarding job placement rates for students awarded certificates or degrees by the institution.

(c)  Each year the board shall publish and post in a grid format on the board's Internet site the names of the general academic teaching institutions, the performance data required by Subsection (b) for the most recent academic year for which the data is available, and any other information considered appropriate by the board. The board shall use the classification system developed by the Carnegie Foundation in publishing and posting the data and other information.

(d)  Each general academic teaching institution shall provide a link on the institution's Internet home page to the board's Internet site described by Subsection (c).

(e)  A general academic teaching institution is not required to report to the board the data required by Subsection (b) if the data is available to the board from another source.

Added by Acts 2003, 78th Leg., ch. 820, Sec. 20, eff. Sept. 1, 2003.



Section 61.0903.  Certificate Of Recognition For Major Donors To Institutions Of Higher Education.

(a) The board shall design and produce a certificate of recognition for presentation by an institution of higher education to a person who in any year contributes to the institution for the support of any purposes, programs, or activities of the institution one or more gifts or donations in a total amount of at least $10,000.

(b)  On receipt of a written request from an institution of higher education providing the information necessary to establish the donor's eligibility for the certificate, the board shall prepare and provide at no cost to the institution a certificate of recognition designed by the board under this section recognizing the gifts or donations of a person described by Subsection (a).

Added by Acts 2007, 80th Leg., R.S., Ch. 507, Sec. 1, eff. June 16, 2007.

Renumbered from Education Code, Section 61.0901 by Acts 2009, 81st Leg., R.S., Ch. 87, Sec. 27.001(10), eff. September 1, 2009.



Section 61.0904.  Review Of Institutional Groupings.

At least once every 10 years, the board shall conduct a review of the institutional groupings under the board's accountability system, including a review of the criteria for and definitions assigned to those groupings.

Added by Acts 2009, 81st Leg., R.S., Ch. 287, Sec. 7, eff. September 1, 2009.



Subchapter D. Contracts With Baylor College Of Medicine And Baylor University College Of Dentistry

Section  61.091.  Definitions.

In this subchapter:

(1)  "Bona fide Texas resident" means a person defined as a "resident student" in Subchapter B, Chapter 54 of this code, and rules, regulations, and interpretations promulgated under that subchapter by the board or the Commission on Higher Education.

(2)  "Established public medical schools" means The University of Texas Medical Branch and Southwestern Medical School.

(3)  "Undergraduate medical student" means a person enrolled for a regular schedule of courses in pursuit of a Doctor of Medicine degree.

(4)  "Scholastic year of disbursement" means the period of time commencing on September 1 of each calendar year and terminating on August 31 of the next succeeding calendar year. The first scholastic year of disbursement commences on September 1, 1970, and terminates on August 31, 1971.

(5)  "Average annual state tax support per undergraduate medical student enrolled at the established public medical schools" means an amount calculated by dividing the net general revenue appropriations to the established public medical schools for the fiscal year next preceding the scholastic year of disbursement by the total number of undergraduate medical students enrolled in those schools on October 15 of the fiscal year.

Acts 1971, 62nd Leg., p. 3072, ch. 1024, art. 1, Sec. 1, eff. Sept. 1, 1971.



Section  61.092.  Contracts With Baylor College Of Medicine.

(a) The board may contract with Baylor College of Medicine for the administration, direction, and performance of all services and the provision, maintenance, operation, and repair of all buildings, facilities, structures, equipment, and materials necessary or proper to the education, training, preparation, or instruction of bona fide Texas resident undergraduate medical students.

(b)  Funds received by Baylor College of Medicine under Subchapter A or B, Chapter 63, may be used only to support programs that benefit medical research, health education, or treatment programs at the institution.

(c)  If Baylor College of Medicine elects to administer the fund established for the institution under Subchapter B, Chapter 63, Baylor College of Medicine and the board must enter into a contract that requires Baylor College of Medicine to administer the fund in the same manner and subject to the same regulations, including disclosure requirements, as would apply to the comptroller if the comptroller were administering a fund under Subchapter B, Chapter 63.

(d)  This subchapter may not be construed to empower the board to limit, alter, modify, or in any other manner change or approve, or negotiate for changes in or approval of, the administration, direction, and performance of these services or the provision, maintenance, operation, and repair of buildings, facilities, structures, equipment, or materials.

Acts 1971, 62nd Leg., p. 3072, ch. 1024, art. 1, Sec. 1, eff. Sept. 1, 1971. Amended by Acts 1999, 76th Leg., ch. 1402, Sec. 2, eff. Aug. 30, 1999.



Section  61.093.  Disbursements.

(a) In the exercise of the authority described in Section 61.092 of this code, the board may disburse to Baylor College of Medicine, during each scholastic year of disbursement, an amount equal to the average annual state tax support per undergraduate medical student at the established public medical schools, multiplied by the number of bona fide Texas resident undergraduate medical students enrolled at Baylor College of Medicine. However, the board may never disburse an amount exceeding the amount appropriated by the legislature for this purpose.

(b)  Subject to the limitations described in Subsection (a) of this section, the board may establish, by contract with Baylor College of Medicine, the method by which the disbursement shall be accomplished, and may prescribe reasonable rules and regulations necessary to ascertain the average annual state tax support per undergraduate medical student at the established public medical schools.

(c)  Money appropriated for payment of contracts under the authority of Section 61.092 shall be paid to Baylor College of Medicine as follows:

(1)  40 percent of the yearly entitlement shall be paid in two equal installments to be made on or before the 25th day of September and October; and

(2)  60 percent of the yearly entitlement shall be paid in six equal installments to be made on or before the 25th day of November, December, January, February, March, and April.

(d)  The amount of any installment required by this section may be modified to provide the Baylor College of Medicine and the Baylor College of Dentistry with the proper amount to which each college may be entitled by law and to correct errors in the allocation or distribution of funds. If an installment under this section is required to be equal to other installments, the amount of other installments may be adjusted to provide for that equality. A payment under this section is not invalid because it is not equal to other installments.

Acts 1971, 62nd Leg., p. 3072, ch. 1024, art. 1, Sec. 1, eff. Sept. 1, 1971. Amended by Acts 1984, 68th Leg., 2nd C.S., ch. 10, art. 1, Sec. 5, eff. Sept. 1, 1984; Acts 2003, 78th Leg., ch. 820, Sec. 21, eff. Sept. 1, 2003.



Section  61.095.  Restrictions.

The rights, powers, and authority granted in this subchapter shall not be subject to restriction, limitation, obligation, or requirement provided in Section 61.058 of this code or Articles 665 through 678m, inclusive, of Vernon's Texas Civil Statutes, notwithstanding any other provision in this subchapter.

Acts 1971, 62nd Leg., p. 3072, ch. 1024, art. 1, Sec. 1, eff. Sept. 1, 1971.



Section 61.097.  Contracts With Respect To Resident Physicians.

(a) The board shall contract with Baylor College of Medicine for the administration, direction, and performance of services necessary or proper to the education, training, development, and preparation of resident physicians for a career in medicine.

(b)   In the exercise of the authority under Subsection (a), the board shall disburse to Baylor College of Medicine the money appropriated by the legislature to the board for that purpose. The money disbursed to Baylor College of Medicine under this section shall be spent by the school exclusively for the education, training, development, and preparation of resident physicians for a career in medicine.

Added by Acts 1981, 67th Leg., p. 3248, ch. 855, Sec. 2, eff. Aug. 31, 1981.

Amended by:

Acts 2009, 81st Leg., R.S., Ch. 44, Sec. 1, eff. May 19, 2009.



Subchapter F. Tuition Equalization Grants

Section  61.221.  Tuition Equalization Grants Authorized.

In order to provide the maximum possible utilization of existing educational resources and facilities within this state, both public and private, the coordinating board is authorized to provide tuition equalization grants to Texas residents enrolled in any approved private Texas college or university, based on student financial need, but not to exceed a grant amount of more than that specified in the appropriation by the legislature.

Added by Acts 1973, 63rd Leg., p. 78, ch. 51, Sec. 1, eff. Aug. 27, 1973. Amended by Acts 2001, 77th Leg., ch. 144, Sec. 1, eff. Sept. 1, 2001.



Section  61.222.  Approved Institutions.

The coordinating board shall approve only those private or independent colleges or universities that are private or independent institutions of higher education as defined by Section 61.003 or are located within this state and meet the same program standards and accreditation as public institutions of higher education as determined by the board.

Added by Acts 1973, 63rd Leg., p. 78, ch. 51, Sec. 1, eff. Aug. 27, 1973. Amended by Acts 2001, 77th Leg., ch. 144, Sec. 1, eff. Sept. 1, 2001.



Section  61.223.  Nondiscrimination Regulations.

The coordinating board shall make such regulations as may be necessary to insure compliance with the Civil Rights Act of 1964, Title VI (Public Law 88-352), in regard to nondiscrimination in admissions or employment.

Added by Acts 1973, 63rd Leg., p. 78, ch. 51, Sec. 1, eff. Aug. 27, 1973.



Section  61.224.  Application Of General Appropriations Act Riders.

Those riders in the General Appropriations Act that apply to expenditure of state funds at state-supported colleges and universities shall also apply to expenditure of state funds at any college or university which any student receiving aid under this subchapter may attend.

Added by Acts 1973, 63rd Leg., p. 78, ch. 51, Sec. 1, eff. Aug. 27, 1973.



Section 61.225.  Eligibility For Grant; Persons Awarded Grants Before 2005-2006 Academic Year.

(a) This section applies only to a person who initially received a tuition equalization grant before the 2005-2006 academic year.

(b)  To be eligible for a tuition equalization grant, a person must:

(1)  be a Texas resident as defined by the coordinating board and meet, at a minimum, the resident requirements defined by law for Texas resident tuition in fully state-supported institutions of higher education;

(2)  be enrolled for at least one-half of a full course load conforming to an individual degree plan in an approved college or university;

(3)  be required to pay more tuition than is required at a public college or university and be charged no less than the regular tuition required of all students enrolled at the institution;

(4)  establish financial need in accordance with procedures and regulations of the coordinating board;

(5)  not be a recipient of any form of athletic scholarship; and

(6)  have complied with other requirements adopted by the coordinating board under this subchapter.

(c)  A grant to a part-time student under this section shall be made on a pro rata basis of a full-time equivalent.

Added by Acts 1973, 63rd Leg., p. 78, ch. 51, Sec. 1, eff. Aug. 27, 1973. Amended by Acts 1979, 66th Leg., p. 92, ch. 56, Sec. 1, eff. Aug. 27, 1979.

Amended by:

Acts 2005, 79th Leg., Ch. 1230, Sec. 14, eff. June 18, 2005.



Text of section as added by Acts 2005, 79th Leg., R.S., Ch. 1230, Sec. 15

For text of section as added by Acts 2005, 79th Leg., Ch. 1181, Sec. 50, see other Sec. 61.2251.

Section 61.2251.  Eligibility For Grant; Persons Initially Awarded Grants During Or After 2005-2006 Academic Year.

(a) This section does not apply to a person who initially received a tuition equalization grant before the 2005-2006 academic year.

(b)  To be eligible for a tuition equalization grant in the first academic year in which the person receives the grant, a person must:

(1)  be a Texas resident as defined by the coordinating board and meet, at a minimum, the resident requirements defined by law for Texas resident tuition in fully state-supported institutions of higher education;

(2)  be enrolled in at least three-fourths of a full course load conforming to an individual degree plan in an approved college or university;

(3)  be required to pay more tuition than is required at a public college or university and be charged no less than the regular tuition required of all students enrolled at the institution;

(4)  establish financial need in accordance with procedures and regulations of the coordinating board;

(5)  not be a recipient of any form of athletic scholarship;

(6)  make satisfactory academic progress toward a degree or certificate as determined by the institution at which the person is enrolled; and

(7)  have complied with other requirements adopted by the coordinating board under this subchapter.

(c)  After qualifying for a tuition equalization grant under Subsection (b), a person may receive a tuition equalization grant in a subsequent academic year in which the person is enrolled at an approved institution only if the person:

(1)  meets the requirements of Subsection (b);

(2)  completed at least:

(A)  24 semester credit hours in the person's most recent full academic year, if the person is enrolled in an undergraduate degree or certificate program; or

(B)  18 semester credit hours in the person's most recent full academic year, if the person is enrolled in a graduate or professional degree program; and

(3)  has earned an overall grade point average of at least 2.5 on a four-point scale or the equivalent on coursework previously attempted at public or private institutions of higher education.

(d)  Notwithstanding Subsections (b) and (c), a person's eligibility for a tuition equalization grant ends on:

(1)  the fifth anniversary of the initial award of a tuition equalization grant to the person, if the person is enrolled in an undergraduate degree or certificate program of four years or less; or

(2)  the sixth anniversary of the initial award of a tuition equalization grant to the person, if the person is enrolled in an undergraduate degree program of more than four years.

(e)  The coordinating board shall adopt rules to allow a person who is otherwise eligible to receive a tuition equalization grant, in the event of a hardship or for other good cause shown, to receive a tuition equalization grant if the person does not:

(1)  make satisfactory academic progress as required under Subsection (b)(6);

(2)  complete the semester credit hours required by Subsection (c)(2);

(3)  maintain the grade point average required by Subsection (c)(3); or

(4)  complete the person's certificate or degree program within the period prescribed by Subsection (d).

Added by Acts 2005, 79th Leg., Ch. 1230, Sec. 15, eff. June 18, 2005.

Amended by:

Acts 2009, 81st Leg., R.S., Ch. 200, Sec. 1, eff. May 27, 2009.



Text of section as added by Acts 2005, 79th Leg., R.S., Ch. 1181, Sec. 50

For text of section as added by Acts 2005, 79th Leg., Ch. 1230, Sec. 15, see other Sec. 61.2251.

Section 61.2251.  Reestablishing Eligibility For Grant.

If a person who receives an initial tuition equalization grant after the 2004-2005 academic year fails to meet any of the applicable requirements of this subchapter after the completion of any semester or term, the person may not receive a tuition equalization grant during the next semester or term in which the person enrolls.  The person may become eligible to receive a tuition equalization grant in a subsequent semester or term if the person:

(1)  completes a semester or term during which the student is not eligible for a tuition equalization grant; and

(2)  meets all the applicable requirements of this subchapter.

Added by Acts 2005, 79th Leg., Ch. 1181, Sec. 50, eff. September 1, 2005.



Section  61.226.  Application Of Laws To Receiving Institutions.

Any college or university receiving any benefit under the provisions of this subchapter, either directly or indirectly, shall be subject to all present or future laws enacted by the legislature.

Added by Acts 1973, 63rd Leg., p. 78, ch. 51, Sec. 1, eff. Aug. 27, 1973.



Section  61.227.  Payment Of Grant; Amount.

(a) On receipt of a certification of the amount of financial need from an approved institution, the coordinating board shall certify the amount of the tuition equalization grant based on financial need but not to exceed a grant amount of more than that specified in the appropriation by the legislature, or more than the difference between the tuition at the private institution attended and the tuition at public colleges and universities.

(b)  The proper amount of the tuition grant shall be paid to the student through the college or university in which he is enrolled.

(c)  In no event shall a tuition equalization grant paid pursuant to this subchapter in behalf of any student during any one fiscal year exceed an amount equal to 50 percent of the average state appropriation in the biennium preceding the biennium in which the grant is made for a full-time student or the equivalent at public senior colleges and universities, as determined by the board.

(d)  Notwithstanding any other law, a student enrolled in a private or independent institution of higher education may not receive a tuition equalization grant under this subchapter and a TEXAS grant under Subchapter M, Chapter 56, for the same semester or other term, regardless of whether the student is otherwise eligible for both grants during that semester or term.  A student who but for this subsection would be awarded both a tuition equalization grant and a TEXAS grant for the same semester or other term is entitled to receive only the grant of the greater amount.

(e)  Notwithstanding any restrictions provided by Subsection (c) on the amount of a grant, a tuition equalization grant for an academic period for an undergraduate student who establishes exceptional financial need in accordance with the procedures and rules of the coordinating board may be certified by the coordinating board in an amount not to exceed 150 percent of the amount of the grant that the student would otherwise have been awarded for that period under the other provisions of this section.

Added by Acts 1973, 63rd Leg., p. 78, ch. 51, Sec. 1, eff. Aug. 27, 1973. Amended by Acts 1979, 66th Leg., p. 93, ch. 56, Sec. 2, eff. Aug. 27, 1979; Acts 2001, 77th Leg., ch. 144, Sec. 2, eff. Sept. 1, 2001.

Amended by:

Acts 2005, 79th Leg., Ch. 1181, Sec. 51, eff. September 1, 2005.

Acts 2005, 79th Leg., Ch. 1230, Sec. 16, eff. June 18, 2005.



Section  61.228.  Implementation Of Grant Program.

This subchapter applies to freshmen (first year) students beginning in the fall semester of 1971; to freshmen and sophomores in 1972; to freshmen, sophomores, and juniors in 1973; and to all students attending approved private institutions in 1974 and thereafter.

Added by Acts 1973, 63rd Leg., p. 78, ch. 51, Sec. 1, eff. Aug. 27, 1973.



Section  61.229.  Promulgation And Distribution Of Regulations.

(a) The coordinating board may make reasonable regulations, consistent with the purposes and policies of this subchapter, to enforce the requirements, conditions, and limitations expressed in this subchapter.

(b)  The coordinating board shall make such regulations as may be necessary to comply with the provisions of Article I, Section 7, Article III, Section 51, and other parts of the Texas Constitution.

(c)  The coordinating board shall distribute copies of all regulations adopted pursuant to this subchapter to each eligible institution.

Added by Acts 1973, 63rd Leg., p. 78, ch. 51, Sec. 1, eff. Aug. 27, 1973.



Section  61.230.  Annual Report.

(a) The coordinating board shall include in its annual report a breakdown by ethnicity indicating the percentage of each ethnic group that received tuition equalization grant money for each academic year at each institution.

Added by Acts 1989, 71st Leg., ch. 1084, Sec. 1.22, eff. Sept. 1, 1989.



Subchapter G. Regulation Of Private Postsecondary Educational Institutions

Section  61.301.  Purpose.

It is the policy and purpose of the State of Texas to prevent deception of the public resulting from the conferring and use of fraudulent or substandard college and university degrees; it is also the purpose of this subchapter to regulate the use of academic terminology in naming or otherwise designating educational institutions, the advertising, solicitation or representation by educational institutions or their agents, and the maintenance and preservation of essential academic records. Because degrees and equivalent indicators of educational attainment are used by employers in judging the training of prospective employees, by public and private professional groups in determining qualifications for admission to and continuance of practice, and by the general public in assessing the competence of persons engaged in a wide range of activities necessary to the general welfare, regulation by law of the evidences of college and university educational attainment is in the public interest. To the same end the protection of legitimate institutions and of those holding degrees from them is also in the public interest.

Added by Acts 1975, 64th Leg., p. 1867, ch. 587, Sec. 1, eff. June 19, 1975.



Section  61.302.  Definitions.

In this subchapter:

(1)  "Degree" means any title or designation, mark, abbreviation, appellation, or series of letters or words, including associate, bachelor's, master's, doctor's, and their equivalents, which signifies, purports to, or is generally taken to signify satisfactory completion of the requirements of all or part of a program of study leading to an associate, bachelor's, master's, or doctor's degree or its equivalent.

(2)  "Private postsecondary educational institution" or "institution" means an educational institution which:

(A)  is not an institution of higher education as defined by Section 61.003;

(B)  is incorporated under the laws of this state, maintains a place of business in this state, has a representative present in this state, or solicits business in this state; and

(C)  furnishes or offers to furnish courses of instruction in person, by electronic media, or by correspondence leading to a degree or providing credits alleged to be applicable to a degree.

(3)  "Agent" means a person employed by or representing a private postsecondary educational institution who solicits students for enrollment in the institution.

(4)  "Commissioner" means the Commissioner of Higher Education.

(5)  "Board" means the Texas Higher Education Coordinating Board.

(6)  "Person" means any individual, firm, partnership, association, corporation, or other private entity or combination thereof.

(7)  "Program of study" means any course or grouping of courses which are alleged to entitle a student to a degree or to credits alleged to be applicable to a degree.

(8)  "Recognized accrediting agency" means an association or organization so designated by rule of the board for the purposes of this subchapter.

(9)  "Educational or training establishment" means an enterprise offering a course of instruction, education, or training that the establishment does not represent to be applicable to a degree.

(10)  "Representative" includes a recruiter, agent, tutor, counselor, instructor, and other instructional and support personnel.

(11)  "Fraudulent or substandard degree" means:

(A)  a degree conferred by a private postsecondary educational institution or other person that, at the time the degree was conferred, was operating in this state in violation of this subchapter;

(B)  if the degree is not approved through the review process described by Section 61.3021, a degree conferred by a private educational institution or other person that, at the time the degree was conferred, was not eligible to receive a certificate of authority under this subchapter and was operating in another state:

(i)  in violation of a law regulating the conferral of degrees in that state or in the state in which the degree recipient was residing;  or

(ii)  without accreditation by a recognized accrediting agency;  or

(C)  if conferred by a private educational institution or other person not described by Paragraph (A) or (B), including a private educational institution or other person that, at the time the degree was conferred, was not eligible to receive a certificate of authority under this subchapter and was operating outside the United States, a degree that the board, through the review process described by Section 61.3021, determines is not the equivalent of an accredited or authorized degree as described by that section.

Added by Acts 1975, 64th Leg., p. 1867, ch. 587, Sec. 1, eff. June 19, 1975. Amended by Acts 1981, 67th Leg., p. 2729, ch. 745, Sec. 1, eff. June 16, 1981; Acts 1985, 69th Leg., ch. 76, Sec. 1, eff. Sept. 1, 1985; Acts 1993, 73rd Leg., ch. 516, Sec. 5, eff. Sept. 1, 1993; Acts 1997, 75th Leg., ch. 232, Sec. 1, eff. Sept. 1, 1997.

Amended by:

Acts 2005, 79th Leg., Ch. 1039, Sec. 1, eff. September 1, 2005.



Section 61.3021. 

 REVIEW OF DEGREE NOT OTHERWISE REGULATED BY

Subchapter

. (a) The board by rule shall establish a process for reviewing and approving a degree conferred by a person described by Section 61.302(11)(B) or (C).  The review process must include a determination by the board whether the degree is the equivalent of a degree granted by a private postsecondary educational institution or other person in accordance with the person's accreditation by a recognized accrediting agency or with the person's certificate of authority under this subchapter.

(b)  The board may charge an applicant for a review under this section a fee in an amount the board determines will cover the cost of conducting the review.

Added by Acts 2005, 79th Leg., Ch. 1039, Sec. 2, eff. September 1, 2005.



Section  61.303.  Exemptions.

(a) The provisions of this subchapter do not in any way apply to an institution which is fully accredited by a recognized accrediting agency, or an institution or degree program that has received approval by a state agency authorizing the institution's graduates to take a professional or vocational state licensing examination administered by that agency. The granting of permission by a state agency to a graduate of an institution to take a licensing examination does not by itself constitute approval of the institution or degree program required for an exemption under this subsection.

(b)  The exemptions provided by Subsection (a) apply only to the degree level for which an institution is accredited, and if an institution offers to award a degree at a level for which it is not accredited, the exemption does not apply.

(c)  An exempt institution or person may be issued a certificate of authorization to grant degrees.

(d)  An exempt institution or person would continue in that status only so long as it maintained accreditation by a recognized accrediting agency or otherwise met the provisions of Subsection (a).

(e)  The board shall provide for due process and procedures for revoking the exemption status of an institution or person.

(f)  A private postsecondary educational institution may not establish or operate a branch campus, extension center, or other off-campus unit in Texas except as provided by this subsection or the rules of the board. This subsection does not apply to a private or independent institution of higher education as defined by Section 61.003.

(g)  Deleted by Acts 1997, 75th Leg., ch. 232, Sec. 2, eff. Sept. 1, 1997.

(h)  Expired.

Added by Acts 1975, 64th Leg., p. 1867, ch. 587, Sec. 1, eff. June 19, 1975. Amended by Acts 1981, 67th Leg., p. 2729, ch. 745, Sec. 2, eff. June 16, 1981; Acts 1985, 69th Leg., ch. 76, Sec. 2, eff. Sept. 1, 1985; Acts 1993, 73rd Leg., ch. 516, Sec. 6, eff. Sept. 1, 1993; Acts 1997, 75th Leg., ch. 232, Sec. 2, eff. Sept. 1, 1997.



Section 61.304.  Requisite Authority To Grant Degrees And Offer Courses; Offenses.

(a) A person may not grant or award a degree or offer to grant or award a degree on behalf of a private postsecondary educational institution unless the institution has been issued a certificate of authority to grant the degree by the board in accordance with the provisions of this subchapter.

(b)  A person may not represent that credits earned or granted by that person or institution are applicable for credit toward a degree to be granted by some other person or institution except under conditions and in a manner specified and approved by the board.

(c)  The board is empowered to specify and regulate the manner, condition, and language used by an institution or person or agents thereof in making known that the person or institution holds a certificate of authority and the interpretation of the significance of such certificate.

(d)  A person commits an offense if the person:

(1)  grants or awards a degree or offers to grant or award a degree in violation of this section;

(2)  represents in violation of this section that a credit earned or granted by the person can be applied toward a degree offered by another person;

(3)  grants or offers to grant a credit for which a representation is made as described by Subdivision (2);  or

(4)  solicits another person to seek a degree or to earn a credit the actor knows is offered in violation of this section.

(e)  An offense under Subsection (d) is a Class A misdemeanor.

(f)  In addition to any other venue authorized by law, venue for the prosecution of an offense under Subsection (d) is in the county in which an element of the offense occurs or in Travis County.

Added by Acts 1975, 64th Leg., p. 1867, ch. 587, Sec. 1, eff. June 19, 1975. Amended by Acts 1985, 69th Leg., ch. 76, Sec. 3, eff. Sept. 1, 1985; Acts 1993, 73rd Leg., ch. 516, Sec. 7, eff. Sept. 1, 1993.

Amended by:

Acts 2005, 79th Leg., Ch. 1039, Sec. 3, eff. September 1, 2005.



Section  61.305.  Application For Certificate Of Authority.

(a) A private postsecondary educational institution that has been in operation for not less than two years may apply to the board for a certificate of authority to grant a degree in a specified program of study on application forms provided by the board.

(b)  The application form shall contain the name and address of the institution; purpose of the institution; names of the sponsors or owners of the institution; regulations, rules, constitutions, bylaws, or other regulations established for the government and operation of the institution; the names and addresses of the chief administrative officer, the principal administrators, and each member of the board of trustees or other governing board; the names of members of the faculty who will, in fact, teach in the program of study, with the highest degree held by each; a full description of the degree or degrees to be awarded and the course or courses of study prerequisite thereto; a description of the facilities and equipment utilized by the institution; and any additional information which the board may request.

(c)  The application must be accompanied by an initial fee set by the board in an amount not to exceed the average cost of reviewing the application, including the cost of necessary consultants.

Added by Acts 1975, 64th Leg., p. 1867, ch. 587, Sec. 1, eff. June 19, 1975. Amended by Acts 1981, 67th Leg., p. 2729, ch. 745, Sec. 3, eff. June 16, 1981; Acts 1985, 69th Leg., ch. 76, Sec. 4, eff. Sept. 1, 1985; Acts 1993, 73rd Leg., ch. 516, Sec. 8, eff. Sept. 1, 1993.



Section  61.306.  Issuance Of Certificate.

(a) The board may issue a certificate of authority to grant a degree or degrees and to enroll students for courses which may be applicable toward a degree if it finds that the applicant meets the standards established by the board for certification.

(b)  A certificate of authority to grant a degree or degrees is valid for a period of two years from the date of issuance.

(c)  Repealed by Acts 1985, 69th Leg., ch. 76, Sec. 7, eff. Sept. 1, 1985.

Added by Acts 1975, 64th Leg., p. 1867, ch. 587, Sec. 1, eff. June 19, 1975. Amended by Acts 1985, 69th Leg., ch. 76, Sec. 7, eff. Sept. 1, 1985.



Section  61.307.  Amendments To Applications.

(a) The chief administrative officers of each institution which has been issued a certificate of authority shall immediately notify the board of any change in administrative personnel, faculty, or facilities at the institution or any other changes of a nature specified by the board.

(b)  An institution which wishes to amend an existing program of study to award a new or different degree during the period of time covered by a current certificate may file an application for amendment of the certificate with the board. The application shall be accompanied by a fee set by the board to cover the cost of program evaluation. If the board finds that the new program of study meets the required standards, the board may amend the institution's certificate accordingly.

Added by Acts 1975, 64th Leg., p. 1867, ch. 587, Sec. 1, eff. June 19, 1975. Amended by Acts 1997, 75th Leg., ch. 232, Sec. 3, eff. Sept. 1, 1997.



Section  61.308.  Renewal Of Certificate.

(a) A private postsecondary educational institution which desires to renew its certificate of authority shall apply to the board at least 180 days prior to the expiration of the current certificate.

(b)  The application for renewal shall be made on forms provided by the board and shall be accompanied by a renewal fee set by the board in an amount not to exceed the average cost of reviewing the application, including the cost of necessary consultants.

(c)  The board shall renew the certificate if it finds that the institution has maintained all requisite standards and has complied with all rules and regulations promulgated by the board.

(d)  A private postsecondary educational institution may be granted successive certificates of authority for a period not to exceed the number of years provided by rule of the board. The board rules must recognize that certification by the state is intended to safeguard the public interest until an institution has developed the strength to satisfy appropriate accreditation standards and it is intended that an institution advance from certification status to fully accredited status in due course.

(e)  If, after a good-faith effort, an institution cannot achieve accreditation within the period of time prescribed by the board, the institution may appeal for extension of eligibility for certification because of having been denied accreditation due to policies of the institution based on religious beliefs or other good and sufficient cause as defined by rule of the board. The board shall consider the application of any accreditation standard that prohibited accreditation of the institution on the basis of religious policies practiced by the institution as a prima facie justification for extending the eligibility for certification if all other standards of the board are satisfied.

Added by Acts 1975, 64th Leg., p. 1867, ch. 587, Sec. 1, eff. June 19, 1975. Amended by Acts 1981, 67th Leg., p. 2729, ch. 745, Sec. 4, eff. June 16, 1981; Acts 1993, 73rd Leg., ch. 516, Sec. 9, eff. Sept. 1, 1993; Acts 1997, 75th Leg., ch. 232, Sec. 4, eff. Sept. 1, 1997.



Section  61.309.  Revocation Of Certificate Of Authority.

The board may revoke a certificate of authority to grant degrees at any time if it finds that:

(1)  any statement contained in an application for a certificate is untrue;

(2)  the institution has failed to maintain the faculty, facilities, equipment, and programs of study on the basis of which the certificate was issued;

(3)  advertising utilized on behalf of the institution is deceptive or misleading; or

(4)  the institution has violated any rule or regulation promulgated by the board under the authority of this subchapter.

Added by Acts 1975, 64th Leg., p. 1867, ch. 587, Sec. 1, eff. June 19, 1975.



Section  61.310.  Appeal.

An institution whose application for an original, amended, or renewal certificate of authority to grant degrees is denied by the board is entitled to written notice of the reasons for the denial and may request a hearing under Chapter 2001, Government Code. The hearing shall be held within 120 days after written request is received by the board.

Added by Acts 1975, 64th Leg., p. 1867, ch. 587, Sec. 1, eff. June 19, 1975. Amended by Acts 1981, 67th Leg., p. 2730, ch. 745, Sec. 5, eff. June 16, 1981; Acts 1995, 74th Leg., ch. 76, Sec. 5.95(49), eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 232, Sec. 5, eff. Sept. 1, 1997.



Section  61.311.  Rules And Regulations.

(a) The board shall promulgate standards, rules, and regulations governing the administration of this subchapter.

(b)  The board may delegate to the commissioner such authority and responsibility conferred on the board by this subchapter as the board deems appropriate for the effective administration of this subchapter.

Added by Acts 1975, 64th Leg., p. 1867, ch. 587, Sec. 1, eff. June 19, 1975. Amended by Acts 1997, 75th Leg., ch. 232, Sec. 6, eff. Sept. 1, 1997.



Section 61.312.  Honorary Degrees; Offenses.

(a) No person may award or offer to award an honorary degree on behalf of a private postsecondary educational institution subject to the provisions of this subchapter unless the institution has been issued a certificate of authority to award such a degree.  The honorary degree shall plainly state on its face that it is honorary.

(b)  A person commits an offense if the person:

(1)  grants or offers to grant an honorary degree in violation of this section;  or

(2)  solicits another person to seek or accept an honorary degree the actor knows is offered in violation of this section.

(c)  An offense under Subsection (b) is a Class A misdemeanor.

(d)  In addition to any other venue authorized by law, venue for the prosecution of an offense under Subsection (b) is in the county in which an element of the offense occurs or in Travis County.

Added by Acts 1975, 64th Leg., p. 1867, ch. 587, Sec. 1, eff. June 19, 1975. Amended by Acts 1993, 73rd Leg., ch. 516, Sec. 10, eff. Sept. 1, 1993.

Amended by:

Acts 2005, 79th Leg., Ch. 1039, Sec. 4, eff. September 1, 2005.



Section 61.313.  Use Of Protected Term In Name Of Institution; Offenses.

(a) Unless the institution has been issued a certificate of authority under this subchapter, a person may not:

(1)  use the term "college," "university," "seminary," "school of medicine," "medical school," "health science center," "school of law," "law school," or "law center" in the official name or title of a nonexempt private postsecondary educational institution; or

(2)  describe an institution using a term listed in Subdivision (1) or a term having a similar meaning.

(b)  An institution not exempt from this subchapter that has not been issued a certificate of authority, but is otherwise legally operating, and that has in its official name or title a term protected under Subsection (a) shall remove the protected term from the name or title not later than September 1, 1999.

(c)  A person may not use the term "college," "university," "seminary," "school of medicine," "medical school," "health science center," "school of law," "law school," or "law center" in the official name or title of an educational or training establishment.

(d)  This section does not apply to an institution of higher education or a private institution of higher education as defined by Section 61.003.

(e)  This section does not apply to a person who on September 1, 1997, used the term "college" or "university" in the official name or title of a private postsecondary educational institution that was established before September 1, 1975. A person covered by this subsection is not required to remove the term "college" or "university" from the name or title of the institution established before September 1, 1975.

(f)  A person covered by Subsection (e) may use the term "college" in the official name or title of another private postsecondary educational institution in this state if:

(1)  the person's business name on September 1, 1995, included the term "college"; and

(2)  the other institution offers the same or similar educational programs and is located in the same county as the institution established before September 1, 1975.

(g)  A person covered by Subsection (e) may use the term "college" in the official name or title of another private postsecondary educational institution in this state if:

(1)  the person operated at least four private postsecondary educational institutions in this state on September 1, 1985, for which the person was permitted to use the term "college" in the official name or title; and

(2)  the other institution offers the same or similar educational programs as the institutions described by Subdivision (1) and has enrolled students in educational programs continuously since before September 1, 1995.

(h)  A person commits an offense if the person:

(1)  uses a term in violation of this section;  or

(2)  solicits another person to seek a degree or to earn a credit the actor knows is offered by an institution or establishment that is using a term in violation of this section.

(i)  An offense under Subsection (h) is a Class A misdemeanor.

(j)  In addition to any other venue authorized by law, venue for the prosecution of an offense under Subsection (h) is in the county in which an element of the offense occurs or in Travis County.

Added by Acts 1975, 64th Leg., p. 1867, ch. 587, Sec. 1, eff. June 19, 1975. Amended by Acts 1985, 69th Leg., ch. 76, Sec. 5, eff. Sept. 1, 1985; Acts 1993, 73rd Leg., ch. 516, Sec. 11, eff. Sept. 1, 1993; Acts 1997, 75th Leg., ch. 232, Sec. 7, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 284, Sec. 1, eff. May 29, 1999; Acts 2003, 78th Leg., ch. 820, Sec. 22, eff. Sept. 1, 2003.

Amended by:

Acts 2005, 79th Leg., Ch. 1039, Sec. 5, eff. September 1, 2005.

Acts 2005, 79th Leg., Ch. 1039, Sec. 6, eff. September 1, 2005.



Section  61.314.  Advisory Council On Private Postsecondary Educational Institutions.

(a) The board shall appoint an advisory council on private postsecondary educational institutions consisting of six members with experience in the field of higher education, three of whom must be representatives of private institutions of higher education as defined by Section 61.003 in the State of Texas which are exempt from the provisions of this subchapter. Council members serve for terms of two years from the date of their appointment and are entitled to reimbursement for actual expenses incurred in carrying out the work of the council.

(b)  The council shall advise the board on standards and procedures to be used in carrying out the provisions of this subchapter.

Added by Acts 1975, 64th Leg., p. 1867, ch. 587, Sec. 1, eff. June 19, 1975. Amended by Acts 1993, 73rd Leg., ch. 516, Sec. 12, eff. Sept. 1, 1993; Acts 1997, 75th Leg., ch. 232, Sec. 8, eff. Sept. 1, 1997.



Section  61.315.  Agents And Records.

The authorized or certified institutions may be required to furnish a list of their agents to the board, and to maintain records of students enrolled, credits awarded, and degrees awarded in a manner specified by the board.

Added by Acts 1975, 64th Leg., p. 1867, ch. 587, Sec. 1, eff. June 19, 1975.



Section  61.316.  Administrative Penalties.

(a) If a person violates a provision of this subchapter, the commissioner may assess an administrative penalty against the person as provided by this section. The commissioner may adopt rules relating to the imposition of administrative penalties under this section.

(b)  Any person who confers or offers to confer a degree on behalf of a private postsecondary educational institution subject to the provisions of this subchapter which has not been issued a certificate of authority to grant degrees or who represents that credits earned or granted by that person or institution are applicable for credit toward a degree to be granted by another person or institution except under conditions and in a manner specified and approved by the board shall be assessed an administrative penalty of not less than $1,000 or more than $5,000. Each degree conferred without authority constitutes a separate offense. Any person who confers or offers to confer a degree on behalf of a private postsecondary educational institution subject to the provisions of this subchapter which has not been issued a certificate of authority to grant degrees or who represents that credits earned or granted by that person or institution are applicable for credit toward a degree to be granted by another person or institution except under conditions and in a manner specified and approved by the board shall be assessed an administrative penalty of not less than $1,000 or more than $5,000. Each degree conferred without authority constitutes a separate offense.

(c)  Any person who establishes a private postsecondary educational institution that is not exempt from this subchapter and uses a term protected under this subchapter in the official name of the institution without first having been issued a certificate of authority for the institution under this subchapter or any person who establishes an educational or training establishment and uses a term protected under this subchapter in the official name or title of the establishment shall be assessed an administrative penalty of not less than $1,000 or more than $3,000.

(d)  Any agent who solicits students for enrollment in a private postsecondary educational institution subject to the provisions of this subchapter without a certificate of registration shall be assessed an administrative penalty of not less than $500 or more than $1,000. Each student solicited without authority constitutes a separate offense.

(e)  Any operations which are found after due process to be in violation of this subchapter shall be terminated.

(f)  An institution that is assessed an administrative penalty under this section is entitled to written notice of the reasons for the penalty. An institution may appeal an administrative penalty in the manner provided by Chapter 2001, Government Code.

Added by Acts 1975, 64th Leg., p. 1867, ch. 587, Sec. 1, eff. June 19, 1975. Amended by Acts 1985, 69th Leg., ch. 76, Sec. 6, eff. Sept. 1, 1985; Acts 1993, 73rd Leg., ch. 516, Sec. 13, eff. Sept. 1, 1993. Redesignated from Education Code Sec. 61.317 and amended by Acts 1997, 75th Leg., ch. 232, Sec. 9, eff. Sept. 1, 1997.



Section  61.318.  Injunctions.

(a) The commissioner may report information concerning a possible violation of this subchapter to the attorney general. The attorney general shall make the necessary investigations and shall bring suit to enjoin any violation of this subchapter.

(b)  An action for an injunction under this section shall be brought in a district court in Travis County.

Added by Acts 1997, 75th Leg., ch. 232, Sec. 10, eff. Sept. 1, 1997.



Section  61.319.  Civil Penalty.

(a) A person who violates this subchapter or a rule adopted under this subchapter is liable for a civil penalty in addition to any injunctive relief or any other remedy. A civil penalty may not exceed $1,000 a day for each violation.

(b)  The attorney general, at the request of the board, shall bring a civil action to collect a civil penalty under this section.

Added by Acts 1997, 75th Leg., ch. 232, Sec. 10, eff. Sept. 1, 1997.



Section 61.320.  Application Of Deceptive Trade Practices Act.

(a) A person who violates this subchapter commits a false, misleading, or deceptive act or practice within the meaning of Section 17.46, Business & Commerce Code.

(b)  A public or private right or remedy under Chapter 17, Business & Commerce Code, may be used to enforce this subchapter.

Added by Acts 2005, 79th Leg., Ch. 1039, Sec. 7, eff. September 1, 2005.



Section 61.321.  Information Provided To Protect Public From Fraudulent, Substandard, Or Fictitious Degrees.

To protect the public from private postsecondary educational institutions or other persons that confer or offer to confer fraudulent or substandard degrees and from persons that use or hold fraudulent or substandard degrees or that use or claim to hold fictitious degrees, the board shall disseminate the following information through the board's Internet website:

(1)  to the extent known by the board, the accreditation status or the status regarding authorization or approval under this subchapter, as applicable, of each private postsecondary educational institution or other person that is regulated by this subchapter or for which a determination is made under Section 61.3021, including:

(A)  the name of each educational institution accredited, authorized, or approved to offer or grant degrees in this state;

(B)  the name of each educational institution whose degrees the board has determined may not be legally used in this state;  and

(C)  the name of each educational institution that the board has determined to be operating in this state in violation of this subchapter;  and

(2)  any other information considered by the commissioner to be useful to protect the public from fraudulent, substandard, or fictitious degrees.

Added by Acts 2005, 79th Leg., Ch. 1039, Sec. 7, eff. September 1, 2005.



Subchapter H. Regulation Of Public Institutions Of Higher Education Established Outside The Boundaries Of The State Of Texas

Section  61.401.  Definitions.

In this subchapter:

(1)  "Public institution of higher education" includes any senior college, university, community college, technical institute, or junior college or the equivalent which is controlled by a public body organized outside the boundaries of the State of Texas.

(2)  "Coordinating Board" means the Coordinating Board, Texas College and University System.

Added by Acts 1975, 64th Leg., p. 1843, ch. 573, Sec. 1, eff. June 19, 1975.



Section  61.402.  Requisite Approval.

Public institutions of higher education established outside the boundaries of the State of Texas must have the approval of the coordinating board before offering a course or a grouping of courses within the State of Texas.

Added by Acts 1975, 64th Leg., p. 1843, ch. 573, Sec. 1, eff. June 19, 1975.



Section  61.403.  Rules And Regulations.

The coordinating board shall prepare rules and regulations which, when properly followed, may qualify a public institution of higher education established outside the boundaries of the State of Texas to offer a course or a grouping of courses within the State of Texas.

Added by Acts 1975, 64th Leg., p. 1843, ch. 573, Sec. 1, eff. June 19, 1975.



Section  61.404.  Procedures In Case Of Violation.

If the coordinating board obtains evidence that a public institution of higher education established outside the boundaries of the State of Texas is in apparent violation of this subchapter or of rules and regulations adopted pursuant to this subchapter, the coordinating board shall take appropriate action to terminate its operation within the boundaries of the State of Texas.

Added by Acts 1975, 64th Leg., p. 1843, ch. 573, Sec. 1, eff. June 19, 1975.



Section  61.405.  Advisory Committees.

The coordinating board may appoint such advisory committees as deemed useful for the effective administration of this subchapter.

Added by Acts 1975, 64th Leg., p. 1843, ch. 573, Sec. 1, eff. June 19, 1975.



Subchapter I. Contracts For Medical Residency Programs

Section  61.501.  Definitions.

As used in this subchapter:

(1)  "Medical school" means the medical school at The University of Texas Health Science Center at Houston, the medical school at The University of Texas Health Science Center at Dallas, the medical school at The University of Texas Health Science Center at San Antonio, The University of Texas Medical Branch at Galveston, the Texas Tech University Health Sciences Center, the Baylor College of Medicine, the college of osteopathic medicine at the University of North Texas Health Science Center at Fort Worth, or the Texas A&M University Medical Program.

(2)  "Approved family practice residency training program" means a graduate medical education program operated by a medical school, licensed hospitals, or nonprofit corporations which has been approved for training physicians in family practice and for the receipt of state funds for that purpose by the board after receiving the recommendation of the Family Practice Residency Advisory Committee.

Added by Acts 1977, 65th Leg., p. 109, ch. 53, Sec. 2, eff. Aug. 29, 1977. Amended by Acts 1993, 73rd Leg., ch. 408, Sec. 10, eff. Aug. 30, 1993.



Section  61.502.  Contracts.

The board may contract with a medical school, licensed hospitals, or nonprofit corporations for the purpose of establishing and operating an approved Family Practice Residency Training Program and may compensate the medical school, licensed hospitals, or nonprofit corporations on a formula approved by the board based upon the number of resident physicians in the training program.

Added by Acts 1977, 65th Leg., p. 109, ch. 53, Sec. 2, eff. Aug. 29, 1977.



Section  61.503.  Rules And Regulations.

The board shall adopt rules and regulations to implement this subchapter, including rules providing for:

(1)  prior consultation on the annual budget with the board;

(2)  a postaudit in a manner acceptable to the state auditor of expenditures related to the residency training program of a medical school, licensed hospitals, or nonprofit corporations with which the board has contracted; and

(3)  distribution of family physicians and improvement of medical care in underserved urban and rural areas of the state and, insofar as possible and prudent, encouraging the permanent location in underserved areas of family physicians trained in these programs.

Added by Acts 1977, 65th Leg., p. 109, ch. 53, Sec. 2, eff. Aug. 29, 1977.



Section  61.504.  Disbursements.

(a) Pursuant to a contract, the board may disburse through the designated project director to a medical school, licensed hospitals, or nonprofit corporations funds for the purpose of the graduate training of physicians in an approved family practice residency training program. The project director shall be the chairman of the Department of Family Practice in a medical school or the program director of an approved family practice residency training program operated by licensed hospitals or nonprofit corporations. The project director shall, in accordance with such rules as the board may adopt, make timely reports directly to the board concerning the development and progress of the family practice training program.

(b)  The board may establish by contract the method or manner of the disbursement to the project director.

Added by Acts 1977, 65th Leg., p. 109, ch. 53, Sec. 2, eff. Aug. 29, 1977.



Section  61.505.  Advisory Committee.

(a) The Family Practice Residency Advisory Committee is created and shall consist of 12 members. One member shall be a licensed physician appointed by the Texas Osteopathic Medical Association; two members shall be licensed physicians appointed by the Association of Directors of Family Practice Training Programs; two members shall be administrators of hospitals in which an approved family practice residency training program operates and shall be appointed by the Texas Hospital Association; one member shall be a licensed physician appointed by the Texas Medical Association; two members shall be licensed physicians appointed by the Texas Academy of Family Physicians; three members of the public shall be appointed to the committee by the governor; and by virtue of his office, the president of the Texas Academy of Family Physicians shall be a member of the committee.

(b)  The terms of office of each member, excluding the term of office of the president of the Texas Academy of Family Physicians, shall be for three years. Each member shall serve until his replacement has been appointed to the committee.

(c)  The members of the committee shall not be compensated for their service, but shall be reimbursed by the board for actual expenses incurred in the performance of duties as members of the committee.

(d)  The committee shall meet at least annually and so often as requested by the board or called into meeting by the chairman.

(e)  The chairman shall be elected by the members of the committee for one year.

(f)  The committee shall:

(1)  review for the board applications for approval and funding of family practice residency training programs and related support programs;

(2)  make recommendations to the board relating to:

(A)  the standards and criteria for approval of residency training and related support programs; and

(B)  the effectiveness of the programs the board administers that provide incentives to physicians to practice in underserved areas of this state; and

(3)  perform such other duties as may be directed by the board.

Added by Acts 1977, 65th Leg., p. 109, ch. 53, Sec. 2, eff. Aug. 29, 1977. Amended by Acts 1983, 68th Leg., p. 882, ch. 203, Sec. 1, eff. May 24, 1983; Acts 1989, 71st Leg., ch. 1084, Sec. 1.24, eff. Sept. 1, 1989.



Section  61.506.  Family Practice Residency Training Pilot Programs.

(a) The Family Practice Residency Advisory Committee shall work to enhance approved family practice residency programs and to establish not less than three or more than five pilot programs to provide a major source of indigent health care and to train family practice resident physicians.

(b)  Each of the pilot programs must provide services to an economically depressed or rural medically underserved area of the state. One pilot program must be located in an urban area, one pilot program must be located in a rural area, and the remaining pilot program or programs must be located in the border region as defined by Section 481.001, Government Code.

(c)  An approved family practice residency program that wants to participate in or sponsor a pilot program must make a proposal to the advisory committee.

(d)  The advisory committee shall review all proposals submitted under Subsection (c) of this section and shall recommend to the board approved family practice residency programs to participate in or sponsor pilot programs.

(e)  The board shall select approved family practice residency programs to participate in or sponsor pilot programs on the basis of each program's commitment to indigent health care and to training family practice resident physicians.

(f)  The advisory committee shall use financial reports, audits, and performance evaluations currently required under this subchapter or by board rule to assess annually the financial feasibility and effective performance of the pilot programs. The advisory committee may require additional reports as necessary.

(g)  The advisory committee shall send copies of its annual assessment of the pilot programs to the comptroller and the state auditor for review.

(h)  If the advisory committee determines that a pilot program is not financially feasible or that it does not perform effectively, the advisory committee shall recommend to the board discontinuation of funding for the pilot program.

Added by Acts 1993, 73rd Leg., ch. 665, Sec. 1, eff. Aug. 30, 1993. Amended by Acts 1995, 74th Leg., ch. 349, Sec. 2, eff. Sept. 1, 1995.



Subchapter J. Repayment Of Certain Physician Education Loans

Section  61.531.  Repayment Authorized.

(a) The coordinating board may provide, using funds appropriated for that purpose and in accordance with this subchapter and rules of the board, assistance in the repayment of student loans for physicians who apply and qualify for the assistance.

(b)  Repealed by Acts 2009, 81st Leg., R.S., Ch. 285, Sec. 17, eff. September 1, 2009.

(c)  Repealed by Acts 2009, 81st Leg., R.S., Ch. 285, Sec. 17, eff. September 1, 2009.

Added by Acts 1985, 69th Leg., ch. 517, Sec. 1, eff. Sept. 1, 1985. Amended by Acts 1995, 74th Leg., ch. 349, Sec. 3, eff. Sept. 1, 1995; Acts 2001, 77th Leg., ch. 1420, Sec. 21.002(5), eff. Sept. 1, 2001.

Amended by:

Acts 2009, 81st Leg., R.S., Ch. 285, Sec. 17, eff. September 1, 2009.



Section  61.532.  Eligibility.

(a) To be eligible to receive repayment assistance, a physician must:

(1)  apply to the coordinating board;

(2)  at the time of application, be licensed to practice medicine under Subtitle B, Title 3, Occupations Code;

(3)  have completed one, two, three, or four consecutive years of practice in a health professional shortage area designated by the Department of State Health Services; and

(4)  provide health care services to:

(A)  recipients under the medical assistance program authorized by Chapter 32, Human Resources Code; or

(B)  enrollees under the child health plan program authorized by Chapter 62, Health and Safety Code.

(b)  Repealed by Acts 2009, 81st Leg., R.S., Ch. 285, Sec. 17, eff. September 1, 2009.

Added by Acts 1985, 69th Leg., ch. 517, Sec. 1, eff. Sept. 1, 1985. Amended by Acts 1993, 73rd Leg., ch. 585, Sec. 1, eff. June 13, 1993; Acts 1995, 74th Leg., ch. 349, Sec. 4, eff. Sept. 1, 1995; Acts 2003, 78th Leg., ch. 820, Sec. 23, eff. Sept. 1, 2003.

Amended by:

Acts 2009, 81st Leg., R.S., Ch. 285, Sec. 1, eff. September 1, 2009.

Acts 2009, 81st Leg., R.S., Ch. 285, Sec. 17, eff. September 1, 2009.



Section 61.533.  Limitation.

A physician may receive repayment assistance grants for not more than four years.

Added by Acts 1985, 69th Leg., ch. 517, Sec. 1, eff. Sept. 1, 1985.

Amended by:

Acts 2009, 81st Leg., R.S., Ch. 285, Sec. 2, eff. September 1, 2009.



Section  61.534.  Eligible Loans.

(a) The coordinating board may provide repayment assistance for the repayment of any student loan for education at an institution of higher education, including loans for undergraduate education, received by a physician through any lender.

(b)  The coordinating board may not provide repayment assistance for a student loan that is in default at the time of the physician's application.

(c)  Each fiscal biennium, the coordinating board shall attempt to allocate all funds appropriated to it for the purpose of providing repayment assistance under this subchapter.

Added by Acts 1985, 69th Leg., ch. 517, Sec. 1, eff. Sept. 1, 1985. Amended by Acts 1989, 71st Leg., ch. 1027, Sec. 13, eff. Sept. 1, 1989; Acts 1989, 71st Leg., ch. 1084, Sec. 1.26, eff. Sept. 1, 1989.



Section  61.535.  Repayment.

(a) The coordinating board shall deliver any repayment made under this subchapter in a lump sum payable:

(1)  to both the physician and the lender or other holder of the affected loan; or

(2)  directly to the lender or other holder of the loan on the physician's behalf.

(b)  A repayment made under this subchapter may be applied only to the principal amount of the loan.

Added by Acts 1985, 69th Leg., ch. 517, Sec. 1, eff. Sept. 1, 1985. Amended by Acts 1989, 71st Leg., ch. 1084, Sec. 1.27, eff. Sept. 1, 1989.

Amended by:

Acts 2009, 81st Leg., R.S., Ch. 285, Sec. 3, eff. September 1, 2009.



Section 61.536.  Advisory Committees.

The coordinating board may  appoint advisory committees from outside the board's membership to assist the board in performing its duties under this subchapter.

Added by Acts 1985, 69th Leg., ch. 517, Sec. 1, eff. Sept. 1, 1985. Amended by Acts 1989, 71st Leg., ch. 1027, Sec. 14, eff. Sept. 1, 1989; Acts 1989, 71st Leg., ch. 1084, Sec. 1.28, eff. Sept. 1, 1989.

Amended by:

Acts 2009, 81st Leg., R.S., Ch. 285, Sec. 4, eff. September 1, 2009.



Section  61.5361.  Acceptance Of Funds.

The coordinating board may accept gifts, grants, and donations for the purposes of this subchapter.

Added by Acts 1989, 71st Leg., ch. 1084, Sec. 1.28, eff. Sept. 1, 1989.



Section 61.537.  Rules.

(a) The coordinating board shall adopt rules necessary for the administration of this subchapter.

(b)  The coordinating board shall distribute to each medical unit and professional association copies of the rules adopted under this section and pertinent information in this subchapter.

Added by Acts 1985, 69th Leg., ch. 517, Sec. 1, eff. Sept. 1, 1985. Amended by Acts 1993, 73rd Leg., ch. 585, Sec. 2, eff. June 13, 1993; Acts 1995, 74th Leg., ch. 349, Sec. 5, eff. Sept. 1, 1995.

Amended by:

Acts 2009, 81st Leg., R.S., Ch. 285, Sec. 5, eff. September 1, 2009.



Section 61.538.  Amount Of Repayment Assistance.

(a) A physician may receive repayment assistance under this subchapter in the amount determined by board rule, not to exceed the following amounts for each year for which the physician establishes eligibility for the assistance:

(1)  for the first year, $25,000;

(2)  for the second year, $35,000;

(3)  for the third year, $45,000; and

(4)  for the fourth year, $55,000.

(b)  The total amount of repayment assistance distributed by the board may not exceed the total amount of money available in the physician education loan repayment program account.

(c)  The total amount of repayment assistance made under this subchapter to an individual physician may not exceed $160,000.

Added by Acts 1993, 73rd Leg., ch. 585, Sec. 3, eff. June 13, 1993.

Amended by:

Acts 2009, 81st Leg., R.S., Ch. 285, Sec. 6, eff. September 1, 2009.



Section  61.539.  Medical School Tuition Set Aside For Certain Loan Repayments.

(a) The governing boards of each medical unit of an institution of higher education shall cause to be set aside two percent of tuition charges for each student registered in a medical branch, school, or college.

(b)  The amount set aside shall be transferred to the comptroller of public accounts to be deposited in the physician education loan repayment program account established under Section 61.5391.  Section 403.095, Government Code, does not apply to the amount set aside by this section.

(c)  As soon as practicable after each state fiscal year, the comptroller shall prepare a report for that fiscal year of the number of students registered in a medical branch, school, or college, the total amount of tuition charges collected by each institution, the total amount transferred to the comptroller under this section, and the total amount available in the physician education loan repayment program account for the repayment of student loans of physicians under this subchapter.  The comptroller shall deliver a copy of the report to the board and to the governor, lieutenant governor, and speaker of the house of representatives not later than January 1 following the end of the fiscal year covered by the report.

Renumbered from Education Code Sec. 52.41 and amended by Acts 1989, 71st Leg., ch. 1084, Sec. 1.29, eff. Sept. 1, 1989. Amended by Acts 1995, 74th Leg., ch. 349, Sec. 6, eff. Sept. 1, 1995; Acts 2003, 78th Leg., ch. 242, Sec. 1, eff. June 18, 2003.

Amended by:

Acts 2009, 81st Leg., R.S., Ch. 285, Sec. 7, eff. September 1, 2009.



Section 61.5391.  Physician Education Loan Repayment Program Account.

(a) The physician education loan repayment program account is an account in the general revenue fund.  The account is composed of:

(1)  gifts and grants contributed to the account;

(2)  earnings on the principal of the account; and

(3)  other amounts deposited to the credit of the account, including:

(A)  money deposited under Section 61.539(b);

(B)  legislative appropriations; and

(C)  money deposited under Section 155.2415, Tax Code.

(b)  Money in the account may not be appropriated for any purpose except to provide loan repayment assistance to eligible physicians under this subchapter.

Added by Acts 2009, 81st Leg., R.S., Ch. 285, Sec. 8, eff. September 1, 2009.



Section 61.540.  Loan Repayment Assistance Under Former Law;  Saving Provision.

(a) This subsection applies only to a person who entered into a written agreement to perform service as a physician in exchange for loan repayment assistance under this subchapter before September 1, 2003.  The agreement continues in effect and this subchapter, as it existed when the person entered into the agreement, is continued in effect for purposes of that agreement until the person satisfies all the conditions of the agreement or repays all amounts due under the agreement if the person does not satisfy the conditions of the agreement.

(b)  A person receiving loan repayment assistance under this subchapter immediately before the effective date of the amendments made to this subchapter by the 81st Legislature, Regular Session, 2009, may continue to receive loan repayment assistance under this subchapter, as this subchapter applied to the person immediately before the effective date of those amendments, until the person is no longer eligible for loan repayment assistance under this subchapter, as this subchapter existed on that date, and the former law is continued in effect for that purpose.

(c)  A person to whom this section applies is not eligible to receive repayment assistance under another provision of this subchapter.

Added by Acts 2003, 78th Leg., ch. 820, Sec. 24, eff. Sept. 1, 2003.

Amended by:

Acts 2009, 81st Leg., R.S., Ch. 285, Sec. 9, eff. September 1, 2009.



Subchapter K. Repayment Of Certain Physical Therapist Education Loans

Section  61.601.  Definitions.

In this subchapter:

(1)  "Physical therapist" means a person licensed under Chapter 453, Occupations Code.

(2)  "Residential care facility" means a facility operated by the Texas Department of Mental Health and Mental Retardation that provides 24-hour services, including domiciliary services, directed toward enhancing the health, welfare, and development of persons with mental retardation.

Added by Acts 1987, 70th Leg., ch. 956, Sec. 8.12, eff. Sept. 1, 1987. Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.738, eff. Sept. 1, 2001.



Section  61.602.  Repayment Authorized.

The coordinating board may provide, using funds appropriated for that purpose and in accordance with this subchapter and rules of the board, assistance in repayment of student loans for physical therapists who apply and qualify for the assistance.

Added by Acts 1987, 70th Leg., ch. 956, Sec. 8.12, eff. Sept. 1, 1987.



Section  61.603.  Eligibility.

(a) To be eligible to receive repayment assistance, a physical therapist must apply to the coordinating board and have completed at least one year of practice as a physical therapist in a residential care facility.

(b)  The coordinating board may by rule provide for repayment assistance on a pro rata basis for physical therapists practicing at least part-time in a residential care facility.

Added by Acts 1987, 70th Leg., ch. 956, Sec. 8.12, eff. Sept. 1, 1987.



Section  61.604.  Limitation.

Upon qualifying for such assistance, a physical therapist may receive repayment assistance grants for each year of practice in a residential care facility, up to a maximum of five years.

Added by Acts 1987, 70th Leg., ch. 956, Sec. 8.12, eff. Sept. 1, 1987.



Section  61.605.  Eligible Loans.

(a) The coordinating board may provide repayment assistance for the repayment of any student loan for education at an institution of higher education, including loans for undergraduate education, received by a physical therapist through a lender in Texas.

(b)  The coordinating board may not provide repayment assistance for a student loan that is in default at the time of the physical therapist's application.

Added by Acts 1987, 70th Leg., ch. 956, Sec. 8.12, eff. Sept. 1, 1987.



Section  61.606.  Repayment.

(a) The coordinating board shall deliver any repayment made under this subchapter in a lump sum directly to the lender.

(b)  A repayment made under this subchapter may be applied only to the principal amount of the loan.

Added by Acts 1987, 70th Leg., ch. 956, Sec. 8.12, eff. Sept. 1, 1987.



Section  61.607.  Advisory Committee.

The coordinating board may appoint an advisory committee from outside the board's membership to assist the board in performing its duties under this subchapter.

Added by Acts 1987, 70th Leg., ch. 956, Sec. 8.12, eff. Sept. 1, 1987.



Section  61.608.  Acceptance Of Funds.

The coordinating board may accept gifts, grants, and donations for the purposes of this subchapter.

Added by Acts 1987, 70th Leg., ch. 956, Sec. 8.12, eff. Sept. 1, 1987.



Section  61.609.  Rules.

(a) The coordinating board shall adopt rules necessary for the administration of this subchapter, including a rule that sets a maximum amount of repayment assistance that may be received by a physical therapist in one year.

(b)  The coordinating board shall distribute to each institution of higher education, the Texas Department of Mental Health and Mental Retardation, and appropriate professional associations copies of the rules adopted under this section and pertinent information in this subchapter.

Added by Acts 1987, 70th Leg., ch. 956, Sec. 8.12, eff. Sept. 1, 1987.



Subchapter L. Financial Aid For Professional Nursing Students And Vocational Nursing Students And Loan Repayment Program For Certain Nurses

Section  61.651.  Definitions.

In this subchapter:

(1)  "Professional nursing student" means a student enrolled in an institution of higher education or a private or independent institution of higher education in a course of study leading to an initial or an advanced degree in professional nursing.

(2)  "Vocational nursing student" means a student enrolled in a nonprofit school or program that is preparing the student for licensure as a licensed vocational nurse.

Added by Acts 1989, 71st Leg., ch. 1262, Sec. 2, eff. June 18, 1989. Amended by Acts 2001, 77th Leg., ch. 1489, Sec. 5, eff. Sept. 1, 2001.



Section  61.652.  Scholarship Program.

The Texas Higher Education Coordinating Board shall establish and administer, using funds appropriated for that purpose and in accordance with this subchapter and board rules, a scholarship program for professional nursing students and vocational nursing students.

Added by Acts 1989, 71st Leg., ch. 1262, Sec. 2, eff. June 18, 1989.



Section  61.653.   Matching Fund Program.

The board shall establish and administer, using funds appropriated for that purpose and in accordance with this subchapter and board rules, a matching fund program under which a person may sponsor a professional nursing student or a vocational nursing student by contributing to the costs of the student's education and having that contribution matched in whole or in part by state funds appropriated for that purpose.

Added by Acts 1989, 71st Leg., ch. 1262, Sec. 2, eff. June 18, 1989. Amended by Acts 2001, 77th Leg., ch. 1489, Sec. 6, eff. Sept. 1, 2001.



Section  61.654.  Loan Repayment Program.

The board shall establish and administer, using funds appropriated for that purpose and in accordance with this subchapter and board rules, an educational loan repayment program for registered nurses and licensed vocational nurses.

Added by Acts 1989, 71st Leg., ch. 1262, Sec. 2, eff. June 18, 1989.



Section  61.655.  Purpose; Eligibility.

(a) A scholarship program, matching fund program, or loan repayment program established under this subchapter shall be established and administered in a manner that the board determines best promotes the health care and educational needs of this state.

(b)  The board may establish multiple categories of persons to receive scholarships, matching funds, and loan repayments. The board may include faculty from professional nursing programs with master's degrees or doctorates among the categories of persons authorized to receive loan repayments.

(c)  Each year funds are available, the board shall establish the categories of persons eligible to receive scholarships, matching funds, and loan repayments and the criteria for selecting persons to be assisted under each category. The criteria may include:

(1)   scholastic ability and performance;

(2)   financial need;

(3)  the geographical area in which the person is likely to practice;

(4)  whether the person receives Aid to Families with Dependent Children or participates in another public welfare program;

(5)  employment by a state agency;

(6)  employment on a nursing school faculty or a person's intention to seek employment on a nursing school faculty;

(7)  whether the person is practicing in a geographical area, a practice setting, or an area of practice with an acute nursing shortage or is likely to practice in such an area;

(8)  the type of certificate or academic degree held or pursued; or

(9)  any additional factors the board considers relevant to promoting the health care and educational needs of the state.

Added by Acts 1989, 71st Leg., ch. 1262, Sec. 2, eff. June 18, 1989. Amended by Acts 2001, 77th Leg., ch. 1489, Sec. 7, eff. Sept. 1, 2001.



Section  61.656.  Rules.

(a) The board shall adopt rules necessary for the administration of this subchapter.

(b)  The board shall adopt rules relating to the establishment of the scholarship program under Section 61.652 of this code, including rules providing eligibility criteria and the maximum amount of any scholarship, and rules relating to the establishment and administration of the loan repayment program under Section 61.654 of this code, including rules providing eligibility criteria and the maximum amount of loan repayment available.

(c)  The board shall adopt rules relating to the establishment and administration of the matching fund program under Section 61.653, including rules providing:

(1)  eligibility criteria for sponsors and for students;

(2)  the minimum and maximum sponsor contributions that will be matched;

(3)  conflict resolution procedures for resolving disputes between the sponsor and the student; and

(4)  a standard agreement for use by the sponsor and the student

(d)  The board shall distribute information about the scholarship program, matching fund program, and loan repayment program established under this subchapter to:

(1)  employers of registered nurses or licensed vocational nurses;

(2)  associations of employers;

(3)  schools and educational programs for registered nurses or licensed vocational nurses; and

(4)  professional associations of registered nurses or licensed vocational nurses.

Added by Acts 1989, 71st Leg., ch. 1262, Sec. 2, eff. June 18, 1989. Amended by Acts 2001, 77th Leg., ch. 1489, Sec. 8, eff. Sept. 1, 2001.



Section  61.657.  Advisory Committees.

(a) The board shall appoint a 10-member advisory committee to advise the board concerning assistance provided under this subchapter to professional nursing students.  The advisory committee consists of:

(1)  a chair named by the board;

(2)  one representative named by the Texas Nurses Association;

(3)  one representative named by the Texas Organization of Nurse Executives;

(4)  one representative named by the Texas Board of Nursing;

(5)  a head of each of the three types of professional nursing educational programs, named by the deans and directors of nursing programs in this state;

(6)  a representative of graduate nursing education named by the deans and directors of nursing programs in this state;

(7)  one representative named by the Texas Health Care Association; and

(8)  one representative named by the Texas Association of Homes for the Aging.

(b)  The board shall appoint an eight-member advisory committee to advise the board concerning assistance provided under this subchapter to vocational nursing students.  The advisory committee consists of:

(1)  a chair named by the board;

(2)  one representative named by the Licensed Vocational Nurses Association of Texas;

(3)  one representative named by the Texas Organization of Nurse Executives;

(4)  one representative named by the Texas Board of Nursing;

(5)  two representatives of vocational nursing educational programs named by the Texas Association of Vocational Nurse Educators;

(6)  one representative named by the Texas Health Care Association; and

(7)  one representative named by the Texas Association of Homes for the Aging.

(c)  The costs of participation on an advisory committee of a member representing a particular organization or agency shall be borne by that member or the organization or agency the member represents.

(d)  In addition to any other duties assigned by the board, each advisory committee shall specifically advise the board on:

(1)  how the scholarship, matching fund, and loan repayment programs provided for under this subchapter should be established and administered to best promote the health care and educational needs of this state;

(2)  any priorities of emphasis among the scholarship, matching fund, and loan repayment programs;

(3)  the amount of money needed to adequately fund the scholarship, matching fund, and loan repayment programs; and

(4)  any priorities among the factors identified by Section 61.655(b) of this code.

Added by Acts 1989, 71st Leg., ch. 1262, Sec. 2, eff. June 18, 1989. Amended by Acts 2003, 78th Leg., ch. 553, Sec. 2.002, eff. Feb. 1, 2004.

Amended by:

Acts 2007, 80th Leg., R.S., Ch. 889, Sec. 51, eff. September 1, 2007.



Section  61.658.  Funding.

(a) In addition to funds appropriated by the legislature, the board may accept gifts, grants, and donations of real or personal property from any individual, group, association, or corporation or the United States, subject to limitations or conditions set by law, for the purposes of this subchapter.

(b)  The board may structure the scholarship program, the matching fund program, and the loan repayment program established under this subchapter to secure funds available under federal matching programs.

Added by Acts 1989, 71st Leg., ch. 1262, Sec. 2, eff. June 18, 1989. Amended by Acts 2001, 77th Leg., ch. 1489, Sec. 9, eff. Sept. 1, 2001.



Section  61.659.  Administrative Costs.

A reasonable amount, not to exceed 10 percent, of the funds appropriated by the legislature to fund the programs established under this subchapter, may be used by the board to pay administrative costs of operating the programs.

Added by Acts 2001, 77th Leg., ch. 1489, Sec. 10, eff. Sept. 1, 2001.



Section  61.660.  Tuition Assistance For Vocational Nursing Students Agreeing To Practice In Long-term Care Facilities.

(a) In this section, "long-term care facility" means:

(1)  an ICF-MR, as defined by Section 531.002, Health and Safety Code;

(2)  a nursing facility;

(3)  a residential facility licensed by the Department of Protective and Regulatory Services; or

(4)  another residential arrangement that provides care to four or more children or adults who are unrelated to each other.

(b)  In addition to any other financial aid program established under this subchapter, the board shall establish and administer a tuition assistance program for vocational nursing students attending any school or program in this state who agree, following licensure as a licensed vocational nurse, to practice in a long-term care facility in this state.

(c)  The board shall establish and administer the tuition assistance program in a manner that the board determines best promotes the needs of clients of long-term care facilities in this state. The board shall determine the amount of tuition assistance that a student may receive as the board considers appropriate in order to maximize the effectiveness of the program, considering the amount of money available for the program.

(d)  The board shall adopt rules necessary for the administration of this section, including rules providing:

(1)  eligibility requirements;

(2)  the maximum amount of any tuition assistance available;

(3)  the amount of time a student agrees to practice in a long-term care facility;

(4)  circumstances under which the board may cancel a student's long-term care facility work obligation;

(5)  circumstances under which a student will be required to repay the amount of the tuition assistance plus applicable interest and reasonable collection costs because of the student's failure to satisfy the conditions of the assistance; and

(6)  a method for computing the amount of money required to be repaid by a student who fails to satisfy the conditions of the tuition assistance.

(e)  Once the student completes all courses required for licensure, the student must begin fulfilling the long-term care facility work obligation not later than a time specified by board rule, unless the board grants the student, on a showing of good cause, additional time to begin fulfilling the work obligation. The student must complete the long-term care facility work obligation within a period determined by board rule, unless the board grants the student, on a showing of good cause, additional time to complete the work obligation.

(f)  The board shall require a person who receives tuition assistance under this section to sign a promissory note acknowledging the conditional nature of the tuition assistance and promising to repay the amount of the tuition assistance plus applicable interest and reasonable collection costs if the person does not satisfy the applicable long-term care facility work obligation within the required time or other conditions of the assistance. The board shall determine the terms of the promissory note.

(g)  The board shall consult with the advisory committee appointed under Section 61.657(b) concerning assistance provided under this section to vocational nursing students. Section 61.657(c) also applies to this section.

(h)  The legislature may appropriate money for the purposes of this section. The board may accept gifts, grants, and donations from any public or private source for the purposes of this section.

Added by Acts 2001, 77th Leg., ch. 1478, Sec. 1, eff. June 17, 2001. Renumbered from Education Code Sec. 61.659 by Acts 2003, 78th Leg., ch. 1275, Sec. 2(39), eff. Sept. 1, 2003.



Subchapter M. Repayment Of Certain Teacher And Faculty Education Loans

Section  61.701.  Repayment Authorized.

The board may provide, in accordance with this subchapter and board rules, assistance in the repayment of student loans for persons who apply and qualify for the assistance.

Added by Acts 1989, 71st Leg., ch. 1084, Sec. 1.30, eff. Sept. 1, 1989. Amended by Acts 1993, 73rd Leg., ch. 627, Sec. 2, eff. Sept. 1, 1993; Acts 1999, 76th Leg., ch. 1590, Sec. 10, eff. June 19, 1999.



Section  61.702.  Eligibility For Classroom Teacher Repayment Assistance.

(a) To be eligible to receive repayment assistance for classroom teachers, a person must apply to the board and must:

(1)  have completed at least one year of employment as a full-time classroom teacher at the preschool, primary, or secondary level in a public school in this state in an area or field of acute teacher shortage as designated by the commissioner of education; and

(2)  be employed as a full-time classroom teacher at the preschool, primary, or secondary level in a public school in this state in an area or field described by Subdivision (1).

(b)  A person is not eligible for repayment assistance for classroom teachers under this subchapter if the person has received a Teach for Texas grant or other financial assistance under Subchapter O, Chapter 56, or under former Section 56.309.

(c)  The board shall give priority in granting repayment assistance for classroom teachers to a person who received repayment assistance for classroom teachers for the preceding school year. The priority terminates if the person does not apply for or is not eligible for that assistance. In extraordinary circumstances, the board may allow a person to maintain the priority after one or more years in which the person is unable to teach as a classroom teacher.

Added by Acts 1989, 71st Leg., ch. 1084, Sec. 1.30, eff. Sept. 1, 1989. Amended by Acts 1999, 76th Leg., ch. 1590, Sec. 10, eff. June 19, 1999; Acts 2001, 77th Leg., ch. 1261, Sec. 8, eff. June 15, 2001.



Section  61.7021.  Eligibility For Border Institution Faculty Repayment Assistance.

To be eligible to receive repayment assistance for border institution faculty, a person must apply to the board and must:

(1)  have received a doctoral degree not earlier than September 1, 1994, from a public or private institution of higher education accredited as required by the board; and

(2)  be employed as a full-time faculty member with instructional duties in an institution of higher education located in a county that borders the United Mexican States.

Added by Acts 2001, 77th Leg., ch. 1261, Sec. 8, eff. June 15, 2001.



Section  61.703.  Limitation.

A person may not receive repayment assistance grants for more than 10 years.

Added by Acts 1989, 71st Leg., ch. 1084, Sec. 1.30, eff. Sept. 1, 1989. Amended by Acts 1999, 76th Leg., ch. 1590, Sec. 10, eff. June 19, 1999.



Section  61.704.  Eligible Loans.

(a) The board may provide repayment assistance for the repayment of any student loan for education at a public or private institution of higher education, including loans for undergraduate and graduate education, received by a person through any lender.

(b)  The board may not provide repayment assistance for a student loan that is in default at the time of the person's application.

Added by Acts 1989, 71st Leg., ch. 1084, Sec. 1.30, eff. Sept. 1, 1989. Amended by Acts 1999, 76th Leg., ch. 1590, Sec. 10, eff. June 19, 1999.



Section  61.705.  Repayment.

(a) The board shall deliver any repayment made under this subchapter in a lump sum payable to the lender and the person, in accordance with federal law.

(b)  A repayment made under this subchapter may be applied to the principal amount of the loan and to interest that accrues.

(c)  The minimum amount of repayment assistance that may be awarded in one year to a person who qualifies for the assistance under Section 61.702 is the lesser of:

(1)  $1,000; or

(2)  the amount of principal and accrued interest that is due on eligible loans in that year.

(d)  A person may not receive repayment assistance for classroom teachers under this subchapter in a total amount that exceeds $5,000, and may not receive that repayment assistance for more than five years.

(e)  The minimum amount of repayment assistance that may be awarded in one year to a person who qualifies for the assistance under Section 61.7021 is 50 percent of the amount of principal and accrued interest that is due on eligible loans that year.

Added by Acts 1989, 71st Leg., ch. 1084, Sec. 1.30, eff. Sept. 1, 1989. Amended by Acts 1993, 73rd Leg., ch. 627, Sec. 3, eff. Sept. 1, 1993; Acts 1999, 76th Leg., ch. 1590, Sec. 10, eff. June 19, 1999; Acts 2001, 77th Leg., ch. 1261, Sec. 9, eff. June 15, 2001.



Section  61.706.  Advisory Committees.

The board may appoint advisory committees from outside the board's membership to assist the board in performing its duties under this subchapter.

Added by Acts 1989, 71st Leg., ch. 1084, Sec. 1.30, eff. Sept. 1, 1989. Amended by Acts 1999, 76th Leg., ch. 1590, Sec. 10, eff. June 19, 1999.



Section  61.707.  Acceptance Of Funds.

The board may solicit and accept gifts, grants, and donations for the purposes of this subchapter.

Added by Acts 1989, 71st Leg., ch. 1084, Sec. 1.30, eff. Sept. 1, 1989. Amended by Acts 1999, 76th Leg., ch. 1590, Sec. 10, eff. June 19, 1999.



Section  61.708.  Rules. (a)

The board shall adopt rules necessary for the administration of this subchapter, including a rule that sets a maximum amount of repayment assistance that may be received in one year by a person who qualifies for the assistance under Section 61.7021.

(b)  The board shall distribute a copy of the rules adopted under this section and pertinent information in this subchapter to:

(1)  each institution of higher education that offers a teacher education program;

(2)  the personnel office at each institution of higher education located in a county that borders the United Mexican States;

(3)  any other appropriate state agency; and

(4)  any appropriate professional association.

Added by Acts 1989, 71st Leg., ch. 1084, Sec. 1.30, eff. Sept. 1, 1989. Amended by Acts 1999, 76th Leg., ch. 1590, Sec. 10, eff. June 19, 1999; Acts 2001, 77th Leg., ch. 1261, Sec. 10, eff. June 15, 2001.



Subchapter O. Contracts With Texas Chiropractic College And Parker College Of Chiropractic

Section  61.771.  Definitions.

In this subchapter:

(1)  "Texas resident" means a person entitled to pay resident tuition under Subchapter B, Chapter 54, of this code.

(2)  "Undergraduate chiropractic student" means a person enrolled at an institution of higher education for a regular schedule of courses in pursuit of a Doctor of Chiropractic degree.

Added by Acts 1993, 73rd Leg., ch. 146, Sec. 1, eff. Aug. 30, 1993.



Section  61.772.  Contracts With Texas Chiropractic College And Parker College Of Chiropractic.

The board may contract with Texas Chiropractic College and Parker College of Chiropractic for the preparation or instruction of Texas resident undergraduate chiropractic students as doctors of chiropractic.

Added by Acts 1993, 73rd Leg., ch. 146, Sec. 1, eff. Aug. 30, 1993. Amended by Acts 1997, 75th Leg., ch. 86, Sec. 1, eff. May 15, 1997.



Section  61.773.  Adoption And Distribution Of Rules.

(a) The board may adopt rules to administer this subchapter.

(b)  The board shall distribute to each state medical school copies of all rules adopted under this subchapter.

Added by Acts 1993, 73rd Leg., ch. 146, Sec. 1, eff. Aug. 30, 1993.



Subchapter P. Texas Academy Of Foreign Languages And Culture

Section  61.781.  Definitions.

In this subchapter:

(1)  "Academy" means the Texas Academy of Foreign Languages and Culture.

(2)  "Director" means the director of the academy.

Added by Acts 1993, 73rd Leg., ch. 609, Sec. 1, eff. Aug. 30, 1993.



Section  61.782.  Academy.

(a) The academy is established under the board.

(b)  The board may employ a director and other personnel necessary to administer this subchapter. The salaries of personnel employed by the board to administer this subchapter must be paid out of gifts and grants, including federal grants, except that the board may assign duties related to the academy to employees who are compensated out of other sources of revenue if those employees are employed by the board primarily for the purpose of performing duties that are not related to the academy.

(c)  The board may adopt rules to administer this subchapter.

(d)  The board may receive gifts and grants to implement this subchapter, except for gifts and grants offered by an office, a department, or another agency of state government.

(e)  The purpose of the academy is to:

(1)  advance the study of foreign languages and/or cultures in Texas; and

(2)  advance educational and cultural exchange between Texas and current and prospective trade partners.

Added by Acts 1993, 73rd Leg., ch. 609, Sec. 1, eff. Aug. 30, 1993.



Section  61.783.  Contracts. (a

) The academy shall accomplish its purposes through contracts with a National Endowment for the Humanities grant recipient for this state under 20 U.S.C. Section 956. The academy shall contract with a grant recipient to provide on behalf of the academy:

(1)  scholarships to selected college and university juniors and seniors who are majoring in a foreign language and who intend to pursue teaching careers;

(2)  financial support to selected institutions and organizations for cultural exchange programs between Texas and its current and prospective trade partners that include photographic exhibitions, film and video documentary programs, print resources, conferences, and literary projects;

(3)  financial support to selected teachers and scholars to conduct lectures and research projects in key foreign countries and to cover reasonable and necessary domestic expenses of teachers and scholars of other nations qualified to lecture and conduct research in Texas;

(4)  financial support to selected colleges and universities to host summer programs of three to four weeks in duration in foreign language and culture studies, including the study of key international issues, designed to improve the knowledge and skills of foreign language teachers;

(5)  financial support to selected colleges and universities to sponsor programs of one or two weeks in duration for interested high school students who have had at least two successful years of foreign language study; and

(6)  financial support to selected institutions that will provide, for a fee, intensive foreign language instruction to owners and representatives of businesses and to professionals in this state who are doing or planning to do business with current and prospective trade partners and who will pay for the instruction.

(b)  A contract with a grant recipient under Subsection (a) of this section must provide that:

(1)  the grant recipient shall award scholarships and financial support that use academy money to persons and entities based on a competitive program established by the grant recipient;

(2)  the grant recipient shall establish controls designed to ensure that persons and entities who receive scholarships or financial support use the money for the intended purpose;

(3)  the grant recipient shall make regular reports to the director on its expenditures under the contract, including the identity of persons and entities chosen by the grant recipient to receive scholarships or financial support under the contract, and on other information related to the contract that may be required by the director; and

(4)  the transactions of the grant recipient under the contract are subject to audit by the state auditor in accordance with Chapter 321, Government Code.

(c)  The grant recipient may also accomplish the purposes of the subject matter of a contract under this section with money that is not received under the contract, to the extent allowed under this subchapter and federal law.

Added by Acts 1993, 73rd Leg., ch. 609, Sec. 1, eff. Aug. 30, 1993.



Section  61.784.  Coordination.

The board may establish an interagency task force on international studies and cultural exchange, coordinated by the academy, to develop long-range goals designed to enhance foreign language and international studies and to expand educational and cultural exchange. If the board establishes the task force, then in addition to other persons chosen for the task force by the academy, the academy shall invite the governor, the commissioner of education, the commissioner of higher education, the executive director of the Texas Department of Commerce, and the executive director of the Texas Committee for the Humanities to serve on the task force or to designate a representative to serve on the task force. The academy also shall invite the lieutenant governor to designate a member of the senate to serve on the task force and shall invite the speaker of the house of representatives to designate a member of the house of representatives to serve on the task force.

Added by Acts 1993, 73rd Leg., ch. 609, Sec. 1, eff. Aug. 30, 1993.



Subchapter P. Texas Partnership And Scholarship Program

Section  61.801.  Definitions.

In this subchapter:

(1)  "Advisory council" means the Texas partnership and scholarship program advisory council.

(2)  "Public or private institution of higher education" means an institution of higher education or a private college or university accredited by a recognized accrediting agency.

Added by Acts 1993, 73rd Leg., ch. 682, Sec. 1, eff. Aug. 30, 1993. Renumbered from Education Code Sec. 35.01 and amended by Acts 1995, 74th Leg., ch. 260, Sec. 5, eff. May 30, 1995.



Section  61.802.  Program Name And Purpose.

(a) The program established under this subchapter is known as the Texas partnership and scholarship program.

(b)  The purpose of the program is to provide financial assistance to public or private institutions of higher education, school districts, and nonprofit organizations that operate partnership programs designed to encourage students who are at risk of dropping out of school to remain in school, graduate, and seek a college education.

(c)  The program is designed to award a four-year college scholarship for tuition and fees for students who participate in a partnership program during their high school years and who meet the criteria established by this subchapter and by board rule.

Added by Acts 1993, 73rd Leg., ch. 682, Sec. 1, eff. Aug. 30, 1993. Renumbered from Education Code Sec. 35.02 and amended by Acts 1995, 74th Leg., ch. 260, Sec. 5, eff. May 30, 1995.



Section  61.803.  Administrative Authority.

(a) The board shall administer the Texas partnership and scholarship program. The advisory council shall assist the board as provided by this subchapter.

(b)  The board shall provide financial assistance on a competitive basis to eligible entities that operate partnership programs that qualify under this subchapter.

Added by Acts 1993, 73rd Leg., ch. 682, Sec. 1, eff. Aug. 30, 1993. Renumbered from Education Code Sec. 35.03 and amended by Acts 1995, 74th Leg., ch. 260, Sec. 5, eff. May 30, 1995.



Section  61.804.  Eligible Entity.

(a) To be eligible to receive financial assistance under this subchapter, an entity must be:

(1)  a public or private institution of higher education;

(2)  a school district; or

(3)  a nonprofit organization that does not incur debt and that is exempt from taxation under Section 501(a), Internal Revenue Code, by being listed under Section 501(c)(3), Internal Revenue Code.

(b)  An eligible entity must apply for financial assistance on a form provided by the board and meet any other reasonable requirements established by board rule.

Added by Acts 1993, 73rd Leg., ch. 682, Sec. 1, eff. Aug. 30, 1993. Renumbered from Education Code Sec. 35.04 and amended by Acts 1995, 74th Leg., ch. 260, Sec. 5, eff. May 30, 1995.



Section  61.805.  Program Participants. To

be eligible to participate in the partnership program, a student must be enrolled at an elementary or secondary school that meets the selection criteria under Section 61.806.

Added by Acts 1993, 73rd Leg., ch. 682, Sec. 1, eff. Aug. 30, 1993. Renumbered from Education Code Sec. 35.05 and amended by Acts 1995, 74th Leg., ch. 260, Sec. 5, eff. May 30, 1995.



Section  61.806.  Award Of Financial Assistance; Partnership Program.

(a) The board, on a competitive basis, may award financial assistance to an eligible entity that provides support services to students selected as program participants.

(b)  The types of services provided to program participants by a partnership program must include a mentoring program and may include skills assessment, tutoring, academic and personal counseling, family counseling and home visits, staff development activities for personnel with direct responsibility for program participants, and mentoring programs.

(c)  An eligible entity must make application to the board to receive financial assistance under this subchapter. An application must demonstrate that the program contains the following elements:

(1)  involvement of public school officials, teachers, and counselors in identifying and selecting students in elementary school for participation in the partnership program during the elementary and secondary school grades;

(2)  criteria for the selection of program participants that include consideration of:

(A)  whether the student has a high risk of dropping out of school as measured by academic performance, attendance, discipline problems, and other factors affecting school performance, including teenage pregnancy or parenting, substance abuse, child abuse or neglect, or limited English proficiency; and

(B)  whether the student is a low-income student as defined by board rule;

(3)  academic and counseling support services for program participants;

(4)  involvement of parents and community volunteers to the extent possible; and

(5)  an evaluation component that includes follow-up relating to the academic performance of program participants during secondary school and the program participants' plans concerning college attendance.

(d)  If financial assistance is awarded to an eligible entity that is not a school district, the application must include a description of the frequency and manner of involvement of the public schools and school personnel, especially teachers and counselors, with the partnership program.

(e)  In awarding financial assistance under this subchapter, the board shall give priority to an application that:

(1)  provides support services to students enrolled in a public school, including a rural public school, that is in a school district identified by the Texas Education Agency as having a higher than average dropout rate;

(2)  is from an eligible entity with demonstrated experience in providing support services to students who are at high risk of dropping out of school;

(3)  emphasizes cooperation with the public schools in which potential program participants are enrolled; and

(4)  emphasizes parent involvement and volunteer participation from community members.

(f)  Each eligible entity that receives financial assistance under this subchapter must submit to the board:

(1)  an annual report in the form provided by board rule that includes an evaluation of the partnership program administered by the eligible entity and follow-up information relating to the academic performance and college plans of the program participants; and

(2)  a list of the names of program participants who are eligible to receive a certificate of completion under Section 61.807.

Added by Acts 1993, 73rd Leg., ch. 682, Sec. 1, eff. Aug. 30, 1993. Renumbered from Education Code Sec. 35.06 and amended by Acts 1995, 74th Leg., ch. 260, Sec. 5, eff. May 30, 1995.



Section  61.807.  Certificate Of Completion.

The board shall issue a certificate of completion to each student who completes participation in a partnership program established under this subchapter and who meets all other requirements established by this subchapter and by board rule.

Added by Acts 1993, 73rd Leg., ch. 682, Sec. 1, eff. Aug. 30, 1993. Renumbered from Education Code Sec. 35.07 and amended by Acts 1995, 74th Leg., ch. 260, Sec. 5, eff. May 30, 1995.



Section  61.808.  Cooperation Of Texas Education Agency.

(a) The Texas Education Agency and the commissioner of education shall cooperate with the board concerning the board's responsibilities in administering this subchapter.

(b)  The Texas Education Agency shall provide the board with any information concerning the public schools and enrolled students that the board requires to administer this subchapter and that is not considered confidential under other law.

Added by Acts 1993, 73rd Leg., ch. 682, Sec. 1, eff. Aug. 30, 1993. Renumbered from Education Code Sec. 35.08 and amended by Acts 1995, 74th Leg., ch. 260, Sec. 5, eff. May 30, 1995.



Section  61.809.  Award Of Scholarship.

(a) The board shall award a scholarship for tuition and compulsory fees, including laboratory and building use fees, as provided by this section to a student:

(1)  who has received a certificate of completion from the board under Section 61.807;

(2)  who, not later than the second anniversary of the date that the student completes high school, enrolls at a public or private institution of higher education in this state or an out-of-state public or private institution of higher education; and

(3)  who applies for the scholarship on a form provided by the board.

(b)  If a student eligible to receive a scholarship under this section enrolls at an institution of higher education in this state, the board shall award the student a scholarship under this section in the amount of tuition and compulsory fees charged at that institution.

(c)  If a student eligible to receive a scholarship under this section enrolls at a private institution of higher education in this state or an out-of-state public or private institution of higher education, the board shall award the student a scholarship in the amount of the lesser of:

(1)  the amount of tuition and compulsory fees charged at that institution; or

(2)  the amount of the average cost of tuition and compulsory fees charged at a public senior college or university.

(d)  A scholarship under this section may not be used to pay voluntary fees or charges for room and board.

(e)  If a student who receives a scholarship under this section meets the qualifications under Subsection (g), the board shall award a scholarship to the student for:

(1)  four academic years of full-time undergraduate student or the equivalent of part-time study; or

(2)  five academic years of full-time undergraduate student or the equivalent of part-time study, if the program of study requires five years, as determined by the board.

(f)  A semester, quarter, or term of enrollment during which a student receives an award for part-time study under this section is counted as one-half of a semester, quarter, or term, as appropriate.

(g)  To qualify to continue receiving a scholarship as provided by Subsection (e), a student must:

(1)  retain good academic standing, as provided by board rule;

(2)  apply for a scholarship each year on a form and in the manner provided by board rule; and

(3)  meet any other reasonable requirements established under this subchapter by board rule.

Added by Acts 1993, 73rd Leg., ch. 682, Sec. 1, eff. Aug. 30, 1993. Renumbered from Education Code Sec. 35.09 and amended by Acts 1995, 74th Leg., ch. 260, Sec. 5, eff. May 30, 1995.



Section  61.810.  Advisory Council.

(a) The Texas partnership and scholarship program advisory council consists of:

(1)  the commissioner of higher education and the commissioner of education, who serve as ex officio members;

(2)  three members of the public appointed by the governor;

(3)  two members of the public appointed by the lieutenant governor; and

(4)  two members of the public appointed by the speaker of the house of representatives.

(b)  A member of the advisory council serves for a three-year term and may be reappointed for one three-year term, but may not serve more than a total of six years. The term of a member expires on February 1.

(c)  The advisory council shall elect a presiding officer by a majority vote of its members.

(d)  A vacancy on the advisory council shall be filled in the same manner in which the position was originally filled. The person who fills the vacancy serves for the remainder of the unexpired term.

(e)  Members of the advisory council serve without compensation but are entitled to reimbursement for actual and necessary expenses.

(f)  The advisory council shall:

(1)  review a summary of each application from an eligible entity for a grant to establish a partnership program and provide its recommendations to the board concerning those applications;

(2)  assist the board in evaluating each partnership program established under this subchapter;

(3)  advise the board concerning any rules adopted by the board under this subchapter; and

(4)  provide any other assistance to the board that the board considers necessary to administer this subchapter.

(g)  The board shall provide the advisory council with technical and clerical assistance at the request of the council.

Added by Acts 1993, 73rd Leg., ch. 682, Sec. 1, eff. Aug. 30, 1993. Renumbered from Education Code Sec. 35.10 and amended by Acts 1995, 74th Leg., ch. 260, Sec. 5, eff. May 30, 1995.



Section  61.811.  Gifts, Grants, And Donations.

The board may solicit and accept gifts, grants, and donations for the purposes of this subchapter. The board may accept a grant on a matching basis for the purposes of this subchapter and shall encourage private business and industry to provide matching funds.

Added by Acts 1993, 73rd Leg., ch. 682, Sec. 1, eff. Aug. 30, 1993. Renumbered from Education Code Sec. 35.11 and amended by Acts 1995, 74th Leg., ch. 260, Sec. 5, eff. May 30, 1995.



Section  61.812.  Adoption And Distribution Of Rules.

(a) The board may adopt reasonable rules, consistent with the purposes of this subchapter, to carry out and enforce the requirements expressed by this subchapter.

(b)  The board shall distribute to the Texas Education Agency, each public or private institution of higher education, each school district, and any other appropriate entity copies of all rules adopted under this subchapter.

Added by Acts 1993, 73rd Leg., ch. 682, Sec. 1, eff. Aug. 30, 1993. Renumbered from Education Code Sec. 35.12 and amended by Acts 1995, 74th Leg., ch. 260, Sec. 5, eff. May 30, 1995.



Section  61.813.  Funding. Fin

ancial assistance provided under this subchapter is payable solely from funds accepted by the board under Section 61.811.

Added by Acts 1993, 73rd Leg., ch. 682, Sec. 1, eff. Aug. 30, 1993. Renumbered from Education Code Sec. 35.13 and amended by Acts 1995, 74th Leg., ch. 260, Sec. 5, eff. May 30, 1995.



Section  61.814.  Annual Report.

Not later than September 1 of each year, the board shall submit to the governor and the legislature a report that includes an evaluation of each partnership program and recommendations concerning the effectiveness of the Texas partnership and scholarship program in motivating students to remain in school and to make plans to attend college.

Added by Acts 1993, 73rd Leg., ch. 682, Sec. 1, eff. Aug. 30, 1993. Renumbered from Education Code Sec. 35.14 by Acts 1995, 74th Leg., ch. 260, Sec. 5, eff. May 30, 1995.



Subchapter Q. Engineering Recruitment Programs

Section 61.791.  Engineering Summer Program.

(a) The board shall establish and administer, using funds appropriated for that purpose, a one-week summer program to take place on the campus of each general academic teaching institution or private or independent institution of higher education that offers an engineering degree program.  The summer program must be designed for middle and high school students and to expose those students to math, science, and engineering concepts that a student in an engineering degree program may encounter.

(b)  The board by rule shall establish the requirements for admission to a summer program established under this section.  In adopting rules under this subsection, the board must consider the demographics of the state and adopt rules that encourage the program to enroll students in the program that reflect the demographics of the state.  The governing board of each institution to which this section applies shall cooperate with the board in administering this section.

Added by Acts 2007, 80th Leg., R.S., Ch. 265, Sec. 1, eff. June 12, 2007.

Amended by:

Acts 2009, 81st Leg., R.S., Ch. 674, Sec. 1, eff. June 19, 2009.



Section 61.792.  Engineering Scholarship Program.

(a) The board shall establish and administer, using funds appropriated for that purpose, scholarships for students pursuing a degree in engineering at a general academic teaching institution or a private or independent institution of higher education.

(b)  To qualify for a scholarship under this section, a student must:

(1)  have graduated with a grade point average in the top 20 percent of the student's high school graduating class;

(2)  have graduated from high school with a grade point average of at least 3.5 on a four-point scale or the equivalent in mathematics and science courses offered under the recommended or advanced high school program under Section 28.025(a); and

(3)  maintain an overall grade point average of at least 3.0 on a four-point scale at the general academic teaching institution or the private or independent institution of higher education in which the student is enrolled.

(c)  The board shall adopt rules as necessary for the administration of this section, including rules providing for the determination of the amount of each scholarship.

Added by Acts 2007, 80th Leg., R.S., Ch. 265, Sec. 1, eff. June 12, 2007.

Amended by:

Acts 2009, 81st Leg., R.S., Ch. 674, Sec. 2, eff. June 19, 2009.



Section 61.793.  Funding.

The board shall administer this subchapter using available appropriations and gifts, grants, and donations made for the purposes of this subchapter.

Added by Acts 2007, 80th Leg., R.S., Ch. 265, Sec. 1, eff. June 12, 2007.



Subchapter S. Transfer Of Credit

Section  61.821.  Definitions.

In this subchapter:

(1)  "Core curriculum" means the curriculum in liberal arts, humanities, and sciences and political, social, and cultural history that all undergraduate students of an institution of higher education are required to complete before receiving an academic undergraduate degree.

(2)  "Field of study curriculum" means a set of courses that will satisfy the lower division requirements for a bachelor's degree in a specific academic area at a general academic teaching institution.

(3)  "Faculty member" means a person who is employed full-time by an institution of higher education as a member of the faculty whose primary duties include teaching, research, academic service, or administration. However, the term does not include a person holding faculty rank who spends a majority of the person's time for the institution engaged in managerial or supervisory activities, including a chancellor, vice chancellor, president, vice president, provost, associate or assistant provost, or dean.

Added by Acts 1997, 75th Leg., ch. 1016, Sec. 1, eff. June 19, 1997. Amended by Acts 1999, 76th Leg., ch. 1584, Sec. 1, eff. June 19, 1999.



Section  61.822.  Core Curriculum.

(a) 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.

(b)  Each institution of higher education shall adopt a core curriculum of no less than 42 semester credit hours, including specific courses comprising the curriculum. The core curriculum shall be consistent with the common course numbering system approved by the board and with the statement, recommendations, and rules issued by the board. An institution may have a core curriculum of other than 42 semester credit hours only if approved by the board.

(c)  If a student successfully completes the 42-hour core curriculum at an institution of higher education, that block of courses may be transferred to any other institution of higher education and must be substituted for the receiving institution's core curriculum. A student shall receive academic credit for each of the courses transferred and may not be required to take additional core curriculum courses at the receiving institution unless the board has approved a larger core curriculum at the institution.

(d)  A student who transfers from one institution of higher education to another without completing the core curriculum of the sending institution shall receive academic credit from the receiving institution for each of the courses that the student has successfully completed in the core curriculum of the sending institution. Following receipt of credit for these courses, the student may be required to satisfy further course requirements in the core curriculum of the receiving institution.

(e)  The governing board of a general academic teaching institution that offers a joint baccalaureate degree program under a contract with a foreign college or university may, in consultation with the foreign college or university, identify and approve courses offered by the foreign college or university that are equivalent to, and may substitute for, courses in the core curriculum of a student enrolled in the joint degree program who is considered to be primarily a student of the general academic teaching institution.

Added by Acts 1997, 75th Leg., ch. 1016, Sec. 1, eff. June 19, 1997. Amended by Acts 1999, 76th Leg., ch. 1584, Sec. 2, eff. June 19, 1999; Acts 2003, 78th Leg., ch. 820, Sec. 25, eff. Sept. 1, 2003.

Amended by:

Acts 2007, 80th Leg., R.S., Ch. 539, Sec. 3, eff. June 16, 2007.



Section  61.823.  Field Of Study Curriculum.

(a) The board, with the assistance of advisory committees composed of representatives of institutions of higher education, shall develop field of study curricula. Each advisory committee shall be equitably composed of representatives of institutions of higher education. Each university system or institution of higher education which offers a degree program for which a field of study curriculum is proposed shall be offered participation on the advisory committee for that particular field of study. 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.

(b)  If a student successfully completes a field of study curriculum developed by the board, that block of courses may be transferred to a general academic teaching institution and must be substituted for that institution's lower division requirements for the degree program for the field of study into which the student transfers, and the student shall receive full academic credit toward the degree program for the block of courses transferred.

(c)  A student who transfers from one institution of higher education to another without completing the field of study curriculum of the sending institution shall receive academic credit from the receiving institution for each of the courses that the student has successfully completed in the field of study curriculum of the sending institution. Following receipt of credit for these courses, the student may be required to satisfy further course requirements in the field of study curriculum of the receiving institution.

(d)  In developing field of study curricula, the board shall pursue a management strategy that maximizes efficiency, including a management strategy that provides for the decentralization of advisory committees to enable concurrent development of curricula for different fields of study.

(e)  Not later than January 1, 2003, the board shall develop the field of study curriculum for not fewer than 10 degree programs designated by the board not later than January 1, 2002, that are high-demand degree programs for transfer students and that are common to more than one general academic teaching institution. Not later than January 1, 2003, the board shall report to the legislature regarding the board's progress in developing the field of study curricula required by this subsection.

(f)  Not later than January 1, 2004, the board shall develop, in addition to the degree programs designated by the board under Subsection (e), the field of study curriculum for not fewer than five degree programs designated by the board not later than January 1, 2003, that are high-demand degree programs for transfer students and that are common to more than one general academic teaching institution. Not later than January 1, 2004, the board shall report to the legislature regarding the board's progress in developing the field of study curricula required by this subsection.

Added by Acts 1997, 75th Leg., ch. 1016, Sec. 1, eff. June 19, 1997. Amended by Acts 1999, 76th Leg., ch. 1584, Sec. 3, eff. June 19, 1999; Acts 2001, 77th Leg., ch. 841, Sec. 1, eff. June 14, 2001.



Section  61.824.  Institutional Evaluations.

Each institution shall review and evaluate the institution's core curriculum and applicable field of study curricula at intervals specified by the board and shall report the results of that review to the board.

Added by Acts 1997, 75th Leg., ch. 1016, Sec. 1, eff. June 19, 1997.



Section  61.825.  Board Evaluations.

The board shall develop criteria to evaluate the transfer practices of each institution of higher education and shall evaluate the transfer practices of each institution based on those criteria.

Added by Acts 1997, 75th Leg., ch. 1016, Sec. 1, eff. June 19, 1997.



Section  61.826.  Dispute Resolution.

(a) The board by rule shall adopt procedures to be followed by:

(1)  institutions of higher education in resolving disputes concerning the transfer of lower division course credit; and

(2)  the commissioner of higher education or the commissioner's designee in making a final determination concerning transfer of the course credit if the transfer is in dispute.

(b)  Each institution of higher education shall publish in its course catalogs the procedures adopted by the board under Subsection (a).

(c)  If an institution of higher education does not accept course credit earned by a student at another institution of higher education, that institution shall give written notice to the student and the other institution that the transfer of the course credit is denied. The two institutions and the student shall attempt to resolve the transfer of the course credit in accordance with board rules. If the transfer dispute is not resolved to the satisfaction of the student or the institution at which the credit was earned within 45 days after the date the student received written notice of the denial, the institution that denies the transfer of the course credit shall notify the commissioner of higher education of its denial and the reasons for the denial.

(d)  The commissioner of higher education or the commissioner's designee shall make the final determination about a dispute concerning the transfer of course credit and give written notice of the determination to the involved student and institutions.

(e)  The board shall collect data on the types of transfer disputes that are reported and the disposition of each case that is considered by the commissioner of higher education or the commissioner's designee.

Added by Acts 1997, 75th Leg., ch. 1016, Sec. 1, eff. June 19, 1997.



Section  61.827.  Rules.

The board is authorized to adopt rules implementing the provisions of this subchapter.

Added by Acts 1997, 75th Leg., ch. 1016, Sec. 1, eff. June 19, 1997.



Section  61.828.  Concurrently Enrolled Students.

A student concurrently enrolled at more than one institution of higher education shall follow the core curriculum or the field of study curriculum of the institution in which the student is classified as a degree-seeking student.

Added by Acts 1997, 75th Leg., ch. 1016, Sec. 1, eff. June 19, 1997.



Section  61.829.  Effect On Other Policies.

This subchapter does not affect the authority of an institution of higher education to adopt its own admission standards in compliance with this title or its own grading policies.

Added by Acts 1997, 75th Leg., ch. 1016, Sec. 1, eff. June 19, 1997.



Section  61.830.  Publication Of Guidelines Addressing Transfer Practices.

In its course catalogs and on its website, each institution of higher education shall publish guidelines addressing the practices of the institution regarding the transfer of course credit. In the guidelines, the institution must identify a course by using the common course numbering system approved by the board.

Added by Acts 2001, 77th Leg., ch. 841, Sec. 2, eff. June 14, 2001. Amended by Acts 2003, 78th Leg., ch. 820, Sec. 26, eff. Sept. 1, 2003.



Section  61.831. 

 PURPOSE OF

Subchapter

. The purpose of this subchapter is to develop a seamless system of higher education with respect to student transfers between institutions of higher education, including student transfers from public junior colleges to general academic teaching institutions.

Added by Acts 2001, 77th Leg., ch. 841, Sec. 2, eff. June 14, 2001.



Section  61.832.  Common Course Numbering System.

(a) The board shall approve a common course numbering system for lower-division courses to facilitate the transfer of those courses among institutions of higher education by promoting consistency in course designation and identification.

(b)  The board may approve only a common course numbering system already in common use in this state by institutions of higher education.

(c)  The board shall cooperate with institutions of higher education in any additional development or alteration of the common course numbering system, including the taxonomy to be used, and in the development of rules for the administration and applicability of the system.

(d)  An institution of higher education shall include in its course listings the applicable course numbers from the common course numbering system approved by the board under this section. For good cause, the board may grant to an institution of higher education an exemption from the requirements of this subsection.

Added by Acts 2003, 78th Leg., ch. 820, Sec. 27, eff. Sept. 1, 2003.



Subchapter T. Tech-prep Education

Section  61.851.  Definitions.

In this subchapter:

(1)  "Articulation agreement" means a written commitment between the participants in a tech-prep consortium to a program designed to provide students with a nonduplicative sequence of progressive achievement leading to degrees or certificates in a tech-prep education program.

(2)  "Junior college" means an institution of higher education that awards associate degrees as provided by Chapter 130.

(3)  "Tech-prep consortium" means a regional collaboration of school districts, institutions of higher education, businesses, labor organizations, and other participants to work together to effectively implement a regional tech-prep program.

(4)  "Technical college" means a campus of the Texas State Technical College System established under Chapter 135.

Added by Acts 1999, 76th Leg., ch. 1422, Sec. 2, eff. Sept. 1, 1999.



Section  61.852.  Tech-prep Program.

(a) A tech-prep program is a program of study that:

(1)  combines at least two years of secondary education with at least two years of postsecondary education in a nonduplicative, sequential course of study based on the recommended high school program adopted by the State Board of Education under Section 28.025(a);

(2)  integrates academic instruction and vocational and technical instruction;

(3)  uses work-based and worksite learning where available and appropriate;

(4)  provides technical preparation in a career field such as engineering technology, applied science, a mechanical, industrial, or practical art or trade, agriculture, health occupations, business, or applied economics;

(5)  builds student competence in mathematics, science, reading, writing, communications, economics, and workplace skills through applied, contextual academics and integrated instruction in a coherent sequence of courses;

(6)  leads to an associate degree, two-year postsecondary certificate, or postsecondary two-year apprenticeship with provisions, to the extent applicable, for students to continue toward completion of a baccalaureate degree; and

(7)  leads to placement in appropriate employment or to further education.

(b)  Notwithstanding Subsection (a)(1), a tech-prep consortium is encouraged to include four years of secondary education in a tech-prep program.

Added by Acts 1999, 76th Leg., ch. 1422, Sec. 2, eff. Sept. 1, 1999.



Section  61.853.  Regional Tech-prep Consortia: Governing Board; Director; Fiscal Agent.

(a) Each regional tech-prep consortium is governed by a governing board composed of private sector and public sector leaders in the ratio agreed to by the participants in the consortium. A consortium at local option may consolidate governing board members and staff with an eligible local entity to achieve administrative efficiencies and operational coordination. The combined entity shall maintain a proper separation of funds and comply with all applicable legal requirements involving the use of separate funds.

(b)  The governing board shall determine the policies of the tech-prep consortium in accordance with the consortium's written bylaws. The bylaws must specify the major relationships, decision-making and operational processes, and other significant policies of the consortium, including the procedures for filling vacancies on the governing board.

(c)  According to the terms of a written agreement between a governing board and the fiscal agent, a consortium director shall be selected.

(d)  The governing board shall select a community college, junior college, technical college, university, regional education service center, independent school district, or other eligible entity to act as the tech-prep consortium's fiscal agent and to provide human resource and business office services for the consortium. The fiscal agent serves under the terms of a written agreement between the governing board and the fiscal agent.

(e)  An entity established after January 1, 2005, may not be a tech-prep consortium for purposes of this subchapter unless the entity is established or otherwise formed after that date as a result of an action taken under Subsection (f)(1) or (2).

(f)  In accordance with rules adopted by the board, if a tech-prep consortium fails to meet standards established under Section 61.858, that consortium:

(1)  may be consolidated with an existing consortium to serve the regions formerly served by both consortia; or

(2)  may be abolished and a new consortium may be established to serve the region formerly served by the abolished consortium and to meet the goals of the abolished consortium's tech-prep program.

(g)  In adopting rules for purposes of Subsection (f), the board shall specifically describe:

(1)  the type of failure to meet standards that may result in an action being taken under Subsection (f)(1) or (2), including whether an action may result only from a severe or repeated deviation from a standard or from the failure to meet one or more particular standards; and

(2)  which action authorized under Subsection (f) may be taken for each type of failure to meet standards.

Added by Acts 1999, 76th Leg., ch. 1422, Sec. 2, eff. Sept. 1, 1999.

Amended by:

Acts 2005, 79th Leg., Ch. 441, Sec. 1, eff. September 1, 2005.



Section  61.854.  Tech-prep Consortium Allotment.

(a) In each fiscal year, the board, as the agent of the Texas Education Agency, shall allot the federal tech-prep implementation money this state receives to the regional tech-prep consortia for regional administration according to regionally developed plans designed to meet federal, state, and regional goals. The board shall allot the money to tech-prep consortia in accordance with a formula adopted by the board, after a public hearing and in consultation with interested state entities and local consortia, that addresses the differing needs of the consortia due to urban or rural populations, special populations, number of tech-prep programs and students, and other factors determined by the board.

(b)  An eligible tech-prep consortium that desires assistance under this section must submit an application to the board on a form prescribed by the board for that purpose. The form must address the formula adopted by the board under Subsection (a).

(c)  If a tech-prep consortium has a completed application on file under Subsection (b), the board shall make a payment in the amount of the consortium's allotment under Subsection (a) to the consortium's fiscal agent.

Added by Acts 1999, 76th Leg., ch. 1422, Sec. 2, eff. Sept. 1, 1999.



Section  61.855.  Grants For Tech-prep Education.

(a) From amounts made available under Section 61.854, the board, in accordance with this subchapter and with a formula adopted by the board, shall award grants to tech-prep consortia for tech-prep programs described by Subsection (d).

(b)  To be eligible for a grant, a tech-prep consortium must be composed of:

(1)  a local educational agency, intermediate educational agency, area vocational and technical education school serving secondary school students, or a secondary school funded by the Bureau of Indian Affairs; and

(2)  one of the following institutions of higher education:

(A)  a nonprofit institution of higher education that offers:

(i)  a two-year associate degree program or a two-year certificate program and that is qualified as a junior college or technical college to award associate degrees under Chapter 130 or 135, including an institution receiving assistance under the Tribally Controlled Community College Assistance Act of 1978 (25 U.S.C. Section 1801 et seq.) and its subsequent amendments as a tribally controlled postsecondary vocational or technical institution; or

(ii)  a two-year apprenticeship program that follows secondary instruction, if the nonprofit institution of higher education is not prohibited from receiving assistance under Part B, Title IV, of the Higher Education Act of 1965 (20 U.S.C. Section 1071 et seq.) and its subsequent amendments as provided by Section 435(a) of that Act (20 U.S.C. Section 1085(a)) and its subsequent amendments; or

(B)  a proprietary institution of higher education that offers a two-year associate degree program and that:

(i)  is qualified as an institution of higher education under Section 102 of the Higher Education Act of 1965 (20 U.S.C. Section 1002) and its subsequent amendments; and

(ii)  is not subject to a default management agreement plan required by the United States secretary of education.

(c)  In addition to entities described by Subsection (b), a tech-prep consortium may include:

(1)  an institution of higher education that awards a baccalaureate degree; and

(2)  employers or labor organizations.

(d)  A tech-prep program must:

(1)  be implemented under an articulation agreement between the participants in the consortium;

(2)  consist of two to four years of secondary school preceding graduation and:

(A)  two or more years of higher education; or

(B)  two or more years of apprenticeship following secondary instruction;

(3)  have a common core of required proficiency based on the recommended high school program adopted by the State Board of Education under Section 28.025(a), with proficiencies in mathematics, science, reading, writing, communications, and technologies designed to lead to an associate's degree or postsecondary certificate in a specific career field;

(4)  include the development of tech-prep program curricula for both secondary and postsecondary participants in the consortium that:

(A)  meets academic standards developed by the state;

(B)  links secondary schools and two-year postsecondary institutions, and, if practicable, four-year institutions of higher education through nonduplicative sequences of courses in career fields, including the investigation of opportunities for tech-prep students to enroll concurrently in secondary and postsecondary course work;

(C)  uses, if appropriate and available, work-based or worksite learning in conjunction with business and all aspects of an industry; and

(D)  uses educational technology and distance learning, as appropriate, to involve each consortium participant more fully in the development and operation of programs;

(5)  include in-service training for teachers that:

(A)  is designed to train vocational and technical teachers to effectively implement tech-prep programs;

(B)  provides for joint training for teachers in the tech-prep consortium;

(C)  is designed to ensure that teachers and administrators stay current with the needs, expectations, and methods of business and of all aspects of an industry;

(D)  focuses on training postsecondary education faculty in the use of contextual and applied curricula and instruction; and

(E)  provides training in the use and application of technology;

(6)  include training programs for counselors designed to enable counselors to more effectively:

(A)  provide information to students regarding tech-prep programs;

(B)  support student progress in completing tech-prep programs;

(C)  provide information on related employment opportunities;

(D)  ensure that tech-prep students are placed in appropriate employment; and

(E)  stay current with the needs, expectations, and methods of business and of all aspects of an industry;

(7)  provide equal access to the full range of tech-prep programs for individuals who are members of special populations, including by the development of tech-prep program services appropriate to the needs of special populations; and

(8)  provide for preparatory services that assist participants in tech-prep programs.

(e)  A tech-prep consortium that receives a grant under this section must use the money awarded to develop and operate a tech-prep program described in Subsection (d).

(f)  A tech-prep program may:

(1)  provide for the acquisition of tech-prep program equipment;

(2)  acquire technical assistance from state or local entities that have designed, established, and operated tech-prep programs that have effectively used educational technology and distance learning to deliver curricula and services and to develop an articulation agreement; and

(3)  establish articulation agreements with institutions of higher education, labor organizations, or businesses located in or out of the region served by the tech-prep consortium, especially with regard to using distance learning and educational technology to provide for the delivery of services and programs.

Added by Acts 1999, 76th Leg., ch. 1422, Sec. 2, eff. Sept. 1, 1999.



Section  61.856.  Grant Application.

(a) Each regional tech-prep consortium that desires to obtain a grant under this subchapter must submit an application to the board at the time and in the manner the board prescribes.

(b)  An application under this section must:

(1)  contain a five-year plan for the development and implementation of tech-prep programs;

(2)  show that the application has been approved by the tech-prep consortium's governing board; and

(3)  show that the entity selected as the consortium's fiscal agent has agreed to serve in that capacity.

(c)  The board shall approve the application if the application meets the requirements of this section and Section 61.854(b).

(d)  The board shall give special consideration to an application for a tech-prep program that:

(1)  provides for effective employment placement activities for students or for the transfer of students to baccalaureate degree programs;

(2)  is developed in consultation with business, industry, institutions of higher education, and labor organizations;

(3)  effectively addresses the issues of school dropout prevention, returning to school after dropping out, and the needs of special populations;

(4)  provides education and training in areas or skills in which there are significant workforce shortages, including the information technology industry; and

(5)  demonstrates how tech-prep programs may help students achieve high academic and employability competencies.

(e)  In awarding grants under this subchapter, the board shall ensure an equitable distribution of assistance between urban and regional consortium participants.

Added by Acts 1999, 76th Leg., ch. 1422, Sec. 2, eff. Sept. 1, 1999.



Section  61.857.  Report; Review Of Five-year Plan.

(a) Each regional tech-prep consortium that receives a grant under this subchapter shall annually prepare and submit to the board a written report on the effectiveness of the tech-prep programs for which the consortium received assistance. The report must include a description of the manner in which the consortium awarded any subgrants in the region served by the consortium.

(b)  After the second year of the five-year plan required under Section 61.856(b)(1), the consortium shall review the plan and make any changes necessary.

Added by Acts 1999, 76th Leg., ch. 1422, Sec. 2, eff. Sept. 1, 1999.



Section 61.858.  Statewide Evaluation.

(a) In coordination with tech-prep consortia, including the governing board of each tech-prep consortium, the board shall develop and implement a statewide system to evaluate each consortium based on the success of the consortium's tech-prep program and other appropriate criteria.  The evaluation system must include standards that a tech-prep consortium, including the consortium's governing board, is expected to meet in administering the consortium's duties under this subchapter.

(b)  Using the criteria developed under Subsection (a), the board shall evaluate each tech-prep consortium biennially.  Not later than October 1 of each even-numbered year, the board shall report to each tech-prep consortium the results of the evaluation.  The report must discuss any failure of the tech-prep consortium to meet a standard established under Subsection (a) during the reporting period, recognize the achievements of the consortium, including the consortium's meeting of standards during the reporting period, identify areas in which the consortium has made improvement or should take steps to improve its performance, and identify best practices of tech-prep consortia.

(c) Expired.

Added by Acts 2005, 79th Leg., Ch. 441, Sec. 2, eff. September 1, 2005.



Subchapter T-1. Career And Technical Education

Section 61.861.  Development Of Mathematics And Science Courses For High-demand Occupations.

(a) The commissioner of higher education and the commissioner of education, in consultation with the comptroller and the Texas Workforce Commission, may award a grant in an amount not to exceed $1 million to an institution of higher education to develop advanced mathematics and science courses to prepare high school students for employment in a high-demand occupation.  The commissioner of higher education, the commissioner of education, the comptroller, and the Texas Workforce Commission shall jointly determine what is considered a high-demand occupation for purposes of this subchapter.

(b)  An institution of higher education shall work in partnership with at least one independent school district and a business entity in developing a course for purposes of this section.

(c)  A course developed for purposes of this section must:

(1)  provide content that enables a student to develop the relevant and critical skills needed to be prepared for employment or additional training in a high-demand occupation;

(2)  incorporate college and career readiness skills as part of the curriculum;

(3)  be offered for dual credit; and

(4)  satisfy a mathematics or science requirement under the recommended or advanced high school program as determined under Section 28.025.

(d)  An institution of higher education shall periodically review and revise the curriculum for a course developed for purposes of this section to accommodate changes in industry standards for the high-demand occupation.

Added by Acts 2009, 81st Leg., R.S., Ch. 895, Sec. 63, eff. June 19, 2009.



Section 61.862.  Grant Application Criteria.

The commissioner of higher education and the commissioner of education, in consultation with the comptroller and the Texas Workforce Commission, shall establish application criteria for a grant under this subchapter and in making an award shall give priority to courses that:

(1)  will prepare students for high-demand, high-wage, and high-skill occupations and further postsecondary study;

(2)  may be transferred as college credit to multiple institutions of higher education; and

(3)  are developed as part of a sequence of courses that includes statewide availability of the instructional materials and training for the courses at a nominal cost to public educational institutions in this state.

Added by Acts 2009, 81st Leg., R.S., Ch. 895, Sec. 63, eff. June 19, 2009.



Section 61.863.  Use Of Funds. An

institution of higher education may use funds awarded under this section to develop, in connection with a course described by Section 61.861:

(1)  curriculum;

(2)  assessments;

(3)  instructional materials, including technology-based supplemental materials; or

(4)  professional development programs for secondary grade-level teachers teaching a course described by Section 61.861.

Added by Acts 2009, 81st Leg., R.S., Ch. 895, Sec. 63, eff. June 19, 2009.



Section 61.864.  Review Of Courses.

Courses for which a grant is awarded under this subchapter shall be reviewed by the commissioner of higher education and the commissioner of education, in consultation with the comptroller and the Texas Workforce Commission, once every four years to determine whether the course:

(1)  is being used by public educational institutions in this state;

(2)  prepares high school students with the skills necessary for employment in the high-demand occupation and further postsecondary study; and

(3)  satisfies a mathematics or science requirement for the recommended or advanced high school program as determined under Section 28.025.

Added by Acts 2009, 81st Leg., R.S., Ch. 895, Sec. 63, eff. June 19, 2009.



Section 61.865.  Matching Contribution Required.

An institution of higher education awarded a grant under this subchapter must obtain from one or more business entities in the industry for which students taking courses developed under Section 61.861 are training, in a total amount equal to the amount of the state grant:

(1)  gifts, grants, or donations of funds; or

(2)  contributions of property that may be used in providing the courses.

Added by Acts 2009, 81st Leg., R.S., Ch. 895, Sec. 63, eff. June 19, 2009.



Section 61.866.  Limitation On Total Amount Of Grants.

In any state fiscal biennium, the total amount of grants awarded under this subchapter may not exceed $10 million.

Added by Acts 2009, 81st Leg., R.S., Ch. 895, Sec. 63, eff. June 19, 2009.



Section 61.867.  Funding Of Grants.

The commissioner of higher education shall administer this section using available appropriations and gifts, grants, and donations made for the purposes of this subchapter.

Added by Acts 2009, 81st Leg., R.S., Ch. 895, Sec. 63, eff. June 19, 2009.



Subchapter U. Early Childhood Child-care Worker Student Loan Repayment Program

Section  61.871.  Definitions.

In this subchapter:

(1)  "Child-care facility" has the meaning assigned by Section 42.002, Human Resources Code.

(2)  "Early childhood child-care worker" means a person who works more than 30 hours a week in a child-care facility, whether as an employee, owner, or volunteer, and whose duties consist primarily of providing child care or education to children less than four years of age.

Added by Acts 1999, 76th Leg., ch. 833, Sec. 1, eff. June 18, 1999.



Section  61.872.  Loan Repayment Assistance Authorized.

The board shall provide, in accordance with this subchapter and board rules, assistance in the repayment of eligible student loans for persons who apply and qualify for the assistance.

Added by Acts 1999, 76th Leg., ch. 833, Sec. 1, eff. June 18, 1999.



Section  61.873.  Eligibility For Assistance.

To be eligible to receive loan repayment assistance under this subchapter, a person must:

(1)  hold an associate, baccalaureate, or graduate degree in early childhood development or the equivalent from a public or private institution of higher education accredited by a recognized accrediting agency; and

(2)  have served for at least one year as, and be currently serving as, an early childhood child-care worker.

Added by Acts 1999, 76th Leg., ch. 833, Sec. 1, eff. June 18, 1999. Amended by Acts 2003, 78th Leg., ch. 820, Sec. 28, eff. Sept. 1, 2003.



Section  61.874.  Eligible Loans.

(a) A person may receive loan repayment assistance under this subchapter for the repayment of any student loan for education at any public or private institution of higher education through any lender. If the loan is not a state or federal guaranteed student loan, the note or other writing governing the terms of the loan must require the loan proceeds to be used for expenses incurred by a person attending any public or private institution of higher education.

(b)  The board may not provide repayment assistance for a student loan that is in default at the time of the person's application.

Added by Acts 1999, 76th Leg., ch. 833, Sec. 1, eff. June 18, 1999.



Section  61.876.  Amount Of Repayment Assistance; Limitations.

(a) For each year that a qualified person serves as an early childhood child-care worker in this state, the person may receive loan repayment assistance in an amount not to exceed 15 percent of the total amount of the person's outstanding student loans, including scheduled interest payments that would become due if the loan is not prepaid, as of the date the person begins to receive repayment assistance under this subchapter.

(b)  The amount of repayment assistance paid for a year may not exceed the lesser of:

(1)  the actual amount of the loan payments the person receiving the assistance is required to make for that year; or

(2)  an amount set by the board equal to the maximum amount of resident tuition and required fees paid by a person enrolled as a full-time student at a general academic teaching institution for the most recent academic year, excluding summer sessions.

(c)  If money will not be sufficient to provide repayment assistance to each eligible applicant, the board shall select persons to receive repayment assistance from the eligible applicants according to financial need or on another basis the board considers reasonable to further the purposes of this subchapter.

(d)  The board may determine the manner in which the loan repayment assistance is to be paid. The board may provide for the payment of a portion of the repayment assistance in one or more installments before the person completes a full year of service as an early childhood child-care worker and for the payment of the remainder of the repayment assistance for that year after the completion of the full year of service.

Added by Acts 1999, 76th Leg., ch. 833, Sec. 1, eff. June 18, 1999. Amended by Acts 2003, 78th Leg., ch. 820, Sec. 28, eff. Sept. 1, 2003.



Section  61.877.  Administration; Rules.

(a) The board shall adopt rules necessary for the administration of this subchapter.

(b)  The board shall distribute a copy of the rules adopted under this section and pertinent information in this subchapter to each public or private institution of higher education in this state that offers a degree program in early childhood development or an equivalent degree.

Added by Acts 1999, 76th Leg., ch. 833, Sec. 1, eff. June 18, 1999.



Section  61.878.  Funding.

(a) The loan repayment assistance program established by this subchapter is funded from the child-care worker student loan assistance trust fund. The trust fund is established outside the treasury and is administered by the comptroller. Money in the trust fund may be spent without appropriation and only to fund the program. Interest and income from the assets of the trust fund shall be credited to and deposited in the trust fund.

(b)  The board may solicit and accept gifts, grants, and donations from any public or private source for the purposes of this chapter and shall deposit money accepted under this subsection to the credit of the trust fund.

(c)  The legislature may appropriate money to the trust fund.

Added by Acts 1999, 76th Leg., ch. 833, Sec. 1, eff. June 18, 1999.



Section  61.879.  Service Agreements Entered Into Under Former Law; Saving Provision.

(a) This section applies only to a person who was awarded loan repayment assistance under this subchapter and entered into a written agreement to perform service as an early childhood child-care worker in exchange for that assistance under this subchapter before September 1, 2003.

(b)  The agreement continues in effect and this subchapter, as it existed when the person entered into the agreement, is continued in effect for purposes of that agreement until the person satisfies all the conditions of the agreement or repays all amounts due under the agreement if the person does not satisfy the conditions of the agreement.

Added by Acts 2003, 78th Leg., ch. 820, Sec. 29, eff. Sept. 1, 2003.



Subchapter V. Repayment Of Certain Dental Education Loans

Section  61.901.  Repayment Authorized.

The board may provide, using funds appropriated for that purpose and in accordance with this subchapter and rules of the board, assistance in the repayment of student loans for dentists who apply and qualify for the assistance.

Added by Acts 1999, 76th Leg., ch. 1480, Sec. 1, eff. Sept. 1, 1999.



Section  61.902.  Eligibility.

(a) To be eligible to receive repayment assistance, a dentist must apply to the board and have completed at least one year of dental practice in an area of the state that is underserved with respect to dental care.

(b)  The board by rule may provide for repayment assistance on a pro rata basis for dentists in part-time practice described by Subsection (a).

Added by Acts 1999, 76th Leg., ch. 1480, Sec. 1, eff. Sept. 1, 1999.



Section  61.904.  Eligible Loans.

(a) The board may provide repayment assistance for the repayment of any student loan for education at a public or private institution of higher education, including loans for undergraduate education, received by a dentist through any lender.

(b)  The board may withhold repayment assistance for a student loan that is in default at the time of the dentist's application.

(c)  Each fiscal biennium, the board shall attempt to allocate all funds appropriated to it for the purpose of providing repayment assistance under this subchapter.

Added by Acts 1999, 76th Leg., ch. 1480, Sec. 1, eff. Sept. 1, 1999. Amended by Acts 2001, 77th Leg., ch. 1470, Sec. 6.01, eff. Sept. 1, 2001.



Section  61.905.  Repayment.

(a) The coordinating board shall deliver any repayment made under this subchapter in a lump sum payable to the lender and the dentist, in accordance with any applicable federal law.

(b)  A repayment made under this subchapter may be applied to any amount due in connection with the loan.

Added by Acts 1999, 76th Leg., ch. 1480, Sec. 1, eff. Sept. 1, 1999.



Section  61.906.  Advisory Committees.

The board may:

(1)  appoint advisory committees from outside the board's membership to assist the board in performing its duties under this subchapter; and

(2)  request the assistance of the Oral Health Services Advisory Committee in performing those duties.

Added by Acts 1999, 76th Leg., ch. 1480, Sec. 1, eff. Sept. 1, 1999.



Section  61.907.  Acceptance Of Funds.

The board may accept gifts, grants, and donations for the purposes of this subchapter.

Added by Acts 1999, 76th Leg., ch. 1480, Sec. 1, eff. Sept. 1, 1999.



Section  61.908.  Rules.

(a) The board shall adopt rules necessary for the administration of this subchapter, including a rule that sets a maximum amount of repayment assistance that may be received by a dentist in one year. The board may consult with the Oral Health Services Advisory Committee to assist the board in establishing priorities among eligible dentists for repayment assistance, taking into account the degree of an area's shortage of dental services, geographic locations, whether the dentist is or will be providing service in an underserved area with respect to dental services, and other criteria the board considers appropriate.

(b)  The coordinating board shall distribute to each dental school in this state and to appropriate state agencies and professional associations copies of the rules adopted under this section and other pertinent information relating to this subchapter.

Added by Acts 1999, 76th Leg., ch. 1480, Sec. 1, eff. Sept. 1, 1999.



Section  61.909.  Total Amount Of Repayment Assistance.

The total amount of repayment assistance distributed by the board under this subchapter may not exceed the total amount of gifts and grants accepted by the board for repayment assistance, dental school tuition set aside under Section 61.910, legislative appropriations for repayment assistance, and other funds available to the board for purposes of this subchapter.

Added by Acts 1999, 76th Leg., ch. 1480, Sec. 1, eff. Sept. 1, 1999.



Section  61.910.  Dental School Tuition Set Aside For Certain Loan Repayments.

(a) The governing board of each dental school of an institution of higher education shall set aside two percent of tuition charges for resident students enrolled in a degree program for training dentists.

(b)  The amount set aside shall be transferred to the comptroller of public accounts to be maintained in the state treasury for the sole purpose of repayment of student loans of dentists under this subchapter. Section 403.095(b), Government Code, does not apply to the amount set aside by this section.

Added by Acts 1999, 76th Leg., ch. 1480, Sec. 1, eff. Sept. 1, 1999.



Subchapter W. Roberta High Memorial Pharmacy Residency Program

Section  61.921.  Definitions.

In this subchapter:

(1)  "College of pharmacy" means a college, school, or university of pharmacy in this state that has an accredited pharmacy degree program approved by the Texas State Board of Pharmacy as provided by Subtitle J, Title 3, Occupations Code.

(2)  "Community pharmacy" means a pharmacy that holds a Class A pharmacy license or a community pharmacy license as those terms are defined by Section 551.003, Occupations Code.

(3)  "Compensation" includes a stipend, a payment for services rendered, and a fringe benefit.

(4)  "Institutional pharmacy" means a pharmacy that holds a Class C pharmacy license or an institutional pharmacy license as those terms are defined by Section 551.003, Occupations Code.

(5)  "Nuclear pharmacy" means a pharmacy that holds a Class B pharmacy license or a nuclear pharmacy license as those terms are defined by Section 551.003, Occupations Code.

(6)  "Pharmacy residency program" means a postgraduate residency program approved by the Texas State Board of Pharmacy as provided by Subtitle J, Title 3, Occupations Code.

(7)  "Primary teaching pharmacy" means a pharmacy that holds a permit issued by the Texas State Board of Pharmacy at which a college of pharmacy educates and trains both resident pharmacists and undergraduate pharmacy students, pursuant to a resident pharmacist affiliation agreement between the pharmacy and the college.

(8)  "Residency preceptor" means a licensed pharmacist who:

(A)  is affiliated with a college of pharmacy;

(B)  meets the qualifications established by the board to teach resident pharmacists; and

(C)  has been designated as a preceptor by the Texas State Board of Pharmacy.

(9)  "Resident pharmacist" means a person who:

(A)  has received a professional practice degree from an accredited pharmacy degree program approved by the Texas State Board of Pharmacy as provided by Subtitle J, Title 3, Occupations Code;

(B)  is licensed to practice pharmacy by the Texas State Board of Pharmacy; and

(C)  is appointed to a resident pharmacist position by a college of pharmacy.

Added by Acts 1999, 76th Leg., ch. 1243, Sec. 1, eff. Sept. 1, 1999. Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.739, eff. Sept. 1, 2001. Renumbered from Education Code Sec. 61.851 by Acts 2003, 78th Leg., ch. 1275, Sec. 2(41), eff. Sept. 1, 2003.



Section  61.922.  Compensation Of Resident Pharmacist.

A college of pharmacy shall compensate each resident pharmacist being educated, trained, developed, and prepared for a career in pharmacy while the person is undergoing education, training, development, and preparation at or under the direction and supervision of the college.

Added by Acts 1999, 76th Leg., ch. 1243, Sec. 1, eff. Sept. 1, 1999. Renumbered from Education Code Sec. 61.852 by Acts 2003, 78th Leg., ch. 1275, Sec. 2(41), eff. Sept. 1, 2003.



Section  61.923.  Number Of Available Resident Pharmacist Positions.

(a) In each year, the total number of compensated first-year resident pharmacists may not exceed the total number of persons in the preceding year's combined graduating classes of all colleges of pharmacy.

(b)  At least 50 percent of the combined total number of resident pharmacist positions must be in community pharmacy practice.

Added by Acts 1999, 76th Leg., ch. 1243, Sec. 1, eff. Sept. 1, 1999. Renumbered from Education Code Sec. 61.853 by Acts 2003, 78th Leg., ch. 1275, Sec. 2(41), eff. Sept. 1, 2003.



Section  61.924.  Preference To Applicant For Practice In Medically Underserved Areas.

Each college of pharmacy shall give priority consideration to an applicant for a resident pharmacist position who demonstrates a willingness to practice pharmacy in medically underserved areas of this state, as defined by the Texas Department of Health.

Added by Acts 1999, 76th Leg., ch. 1243, Sec. 1, eff. Sept. 1, 1999. Renumbered from Education Code Sec. 61.854 by Acts 2003, 78th Leg., ch. 1275, Sec. 2(41), eff. Sept. 1, 2003.



Section  61.925.  Duration Of Pharmacist Residency.

A person may not hold a resident pharmacist position for more than two years, or for a period longer than the period usually required for a resident pharmacist to complete a graduate pharmacy education program approved by the Texas State Board of Pharmacy for the specialty in which the resident pharmacist seeks certification.

Added by Acts 1999, 76th Leg., ch. 1243, Sec. 1, eff. Sept. 1, 1999. Renumbered from Education Code Sec. 61.855 by Acts 2003, 78th Leg., ch. 1275, Sec. 2(41), eff. Sept. 1, 2003.



Section  61.926.  Program Funding.

(a) The legislature may appropriate revenue to the board to fund the pharmacy residency program.

(b)  Funds appropriated and distributed under this subchapter may not be transferred or diverted from the pharmacy residency program.

(c)  From program funds, the comptroller shall issue a warrant to a college of pharmacy or other entity designated by the board to receive funds under this subchapter.

(d)  After August 31, 2001, general revenue funds may not be used to fund pharmacy residencies other than in the manner prescribed by this subchapter.

Added by Acts 1999, 76th Leg., ch. 1243, Sec. 1, eff. Sept. 1, 1999. Renumbered from Education Code Sec. 61.856 by Acts 2003, 78th Leg., ch. 1275, Sec. 2(41), eff. Sept. 1, 2003.



Section  61.927.  State Support Of Resident Pharmacist Compensation.

(a) To supplement the compensation of resident pharmacists, the board may provide grants to colleges of pharmacy in amounts not to exceed $10,000 in a fiscal year for each resident pharmacist position approved by the board and filled by the applicable college for that year.

(b)  A college of pharmacy may receive funds under this section for a resident pharmacist position in any year only if the college and the primary teaching pharmacy each contribute at least $10,000 toward the compensation of the resident pharmacist for that year.

(c)  If a resident pharmacist does not perform in that capacity during an entire fiscal year, the college of pharmacy shall reduce proportionately the compensation paid to the person to cover only the part of the fiscal year during which the person performed the person's duties as a resident pharmacist.

(d)  If a person is compensated by an agency or institution of the federal government or by any other agency or institution, other than a primary teaching pharmacy, for the person's performance of the person's duties as a resident pharmacist, the college of pharmacy shall reduce the compensation that would otherwise be paid to the person by an amount equal to the amount of the compensation received by the person from the agency or institution.

(e)  If the college receives from an agency or institution of the federal government or from any other agency or institution, other than a primary teaching pharmacy, compensation for a person's performance of the person's duties as a resident pharmacist to or for the benefit of the agency or institution, the compensation that may be paid to the resident pharmacist from funds awarded for that position under this section is reduced by the amount received from the other agency or institution.

(f)  To qualify for supplemental compensation provided under this section, a resident pharmacist must enroll for at least nine semester credit hours each fall and spring semester and for at least six semester credit hours each summer term in graduate pharmacy education experiential courses. The resident pharmacist is exempt from fees required for enrollment, other than tuition.

Added by Acts 1999, 76th Leg., ch. 1243, Sec. 1, eff. Sept. 1, 1999. Renumbered from Education Code Sec. 61.857 by Acts 2003, 78th Leg., ch. 1275, Sec. 2(41), eff. Sept. 1, 2003.



Section  61.928.  Placement Of Resident Pharmacists If Full Funding Not Available.

(a) If a college of pharmacy determines that it does not have sufficient available funds from legislative appropriations and other sources to support adequately the full number of resident pharmacists that the college considers necessary to carry out the purposes of the college, the college may assign and place for education and training a resident pharmacist who cannot be supported adequately with available funds in a primary teaching pharmacy with which the college has a resident pharmacist affiliation agreement.

(b)  During the period for which a resident pharmacist is assigned and placed in a primary teaching pharmacy under this section, the resident pharmacist shall receive compensation primarily from the pharmacy.

(c)  A resident pharmacist affiliation agreement between the college of pharmacy and the primary teaching pharmacy must describe the exact method and manner of compensating the resident pharmacist.

Added by Acts 1999, 76th Leg., ch. 1243, Sec. 1, eff. Sept. 1, 1999. Renumbered from Education Code Sec. 61.858 by Acts 2003, 78th Leg., ch. 1275, Sec. 2(41), eff. Sept. 1, 2003.



Section  61.929.  Additional Funding To Support Graduate Pharmacy Education Programs.

(a) The board shall administer a program to support graduate pharmacy education programs in this state consistent with the needs of this state for graduate pharmacy education and the training of resident pharmacists in appropriate fields and specialties.

(b)  From funds available to the program, the board may make grants or formula distributions to a college of pharmacy or other entity to:

(1)  support appropriate graduate pharmacy education programs or activities for which adequate funds are not otherwise available; or

(2)  foster new or expanded graduate pharmacy education programs or activities that the board determines will address the state's needs for graduate pharmacy education.

(c)  To be eligible for a grant or distribution under this section, a college of pharmacy or other entity must incur the costs of faculty education or supervision in a graduate pharmacy education program or the costs of compensating a resident pharmacist in the program. The board shall take those incurred costs into account in making grants or formula distributions under this section.

(d)  The program is funded by appropriations, by gifts, grants, and donations made to support the program, and by any other funds the board obtains for the program, including federal funds.

(e)  An amount granted or distributed to a college of pharmacy or other entity under the program may be used only to cover expenses of training resident pharmacists participating in the particular program or activity for which the grant or distribution is made in accordance with any conditions imposed by the board. The amount may not be spent for the general support of the college or other entity.

Added by Acts 1999, 76th Leg., ch. 1243, Sec. 1, eff. Sept. 1, 1999. Renumbered from Education Code Sec. 61.859 by Acts 2003, 78th Leg., ch. 1275, Sec. 2(41), eff. Sept. 1, 2003.



Section  61.930.  Advisory Committee.

(a) The board shall establish an advisory committee to advise the board regarding the development and administration of the pharmacy residency program, including evaluating requests for grants and establishing formulas for distribution of funds under the program.

(b)  The advisory committee consists of:

(1)  the executive director of the Texas State Board of Pharmacy or the executive director's designee;

(2)  a physician serving as a program director of a health-related residency program appointed by the Texas State Board of Medical Examiners;

(3)  the dean of each college of pharmacy, or the dean's designee, who serve as nonvoting members; and

(4)  the following members appointed by the board:

(A)  four pharmacists in private practice, who are recommended to the board by the Texas State Board of Pharmacy;

(B)  one resident pharmacist, who serves as a nonvoting member; and

(C)  one pharmacy student, who serves as a nonvoting member.

(c)  Of the pharmacist members in private practice, two must be active in community pharmacy practice, and two must be active in hospital pharmacy practice.

(d)  The appointed voting members of the advisory committee serve staggered three-year terms. The Texas State Board of Medical Examiners shall appoint the initial member appointed under Subsection (b)(2) to a three-year term. The board shall appoint the initial members appointed under Subsection (b)(4) to terms of one, two, or three years as necessary so that one-third of the appointed committee members' terms expire each year, as nearly as practicable.

(e)  The advisory committee shall elect one of its members as presiding officer for a one-year term.

(f)  The advisory committee shall meet at least once each year and as often as requested by the board or called into meeting by the committee's presiding officer.

(g)  A member of the advisory committee may not receive compensation for committee service but may receive reimbursement for travel to official meetings according to policies established by the board.

Added by Acts 1999, 76th Leg., ch. 1243, Sec. 1, eff. Sept. 1, 1999. Renumbered from Education Code Sec. 61.860 by Acts 2003, 78th Leg., ch. 1275, Sec. 2(41), eff. Sept. 1, 2003.



Section  61.931.  Duties Of Advisory Committee.

The advisory committee shall:

(1)  review applications for the funding of graduate pharmacy education programs and make recommendations for approval or disapproval of those applications;

(2)  make recommendations relating to the standards and criteria for approval of grants and for the development of formulas for distribution of funds under the pharmacy residency program;

(3)  recommend to the board an allocation of funds among colleges of pharmacy;

(4)  review applications for the funding of residency preceptor positions, make recommendations for approval or disapproval of those applications, make recommendations relating to the standards and criteria for approval of those applications, monitor compliance with the contractual conditions associated with funding residency preceptor positions, and evaluate success in increasing the number of those positions; and

(5)  perform other duties assigned by the board.

Added by Acts 1999, 76th Leg., ch. 1243, Sec. 1, eff. Sept. 1, 1999. Renumbered from Education Code Sec. 61.861 by Acts 2003, 78th Leg., ch. 1275, Sec. 2(41), eff. Sept. 1, 2003.



Section  61.932.  Application By College Of Pharmacy For Funding.

A college of pharmacy must include in an application for funds under this subchapter:

(1)  the names of the college and the dean of the college, the mailing address of the college, and the accreditation status for the undergraduate and graduate pharmacy programs of the college;

(2)  the number of resident pharmacist positions and primary teaching pharmacies for which the college is requesting funding;

(3)  for each primary teaching pharmacy, the names of the pharmacy, as recorded on its permit, and of the pharmacist-in-charge, the mailing address of the pharmacy, and the accreditation status of the pharmacy;

(4)  a description of the learning objectives and minimum competencies required of resident pharmacists at each primary teaching pharmacy;

(5)  a description of the learning activities and resident pharmacists' duties at each primary teaching pharmacy, and the time associated with each activity or duty;

(6)  the name of the residency preceptor responsible for the learning program at each primary teaching pharmacy, and a description of the preceptor's credentials;

(7)  the amount and form of compensation to be provided to each resident pharmacist;

(8)  a copy of the resident pharmacist affiliation agreement between the college and the primary teaching pharmacy; and

(9)  other information required by the board.

Added by Acts 1999, 76th Leg., ch. 1243, Sec. 1, eff. Sept. 1, 1999. Renumbered from Education Code Sec. 61.862 by Acts 2003, 78th Leg., ch. 1275, Sec. 2(41), eff. Sept. 1, 2003.



Section  61.933.  Funding Of Residency Preceptor Positions.

(a) A college of pharmacy may apply and receive a grant under this section to support full-time faculty members who are residency preceptors supervising accredited pharmacy residencies.

(b)  The advisory committee shall recommend to the board an allocation of residency preceptor positions that are to receive funds under this section.

(c)  An allocation of funds under this section must take into account the following factors:

(1)  the faculty-student ratio in community pharmacy residencies at each applicant college of pharmacy;

(2)  the length of time a budgeted residency preceptor position has gone unfilled and whether the position is a new residency preceptor position; and

(3)  other factors determined by the board.

(d)  Once funds are granted to support a residency preceptor position affiliated with a college of pharmacy, the board shall continue to grant funds to support that position for a period not to exceed one additional calendar year. After that time, the college shall provide an amount equal to the annualized amount of the grant in its operating budget to maintain the level of compensation for the position for two years after the grant period has ended.

(e)  The board may use not more than 10 percent of the total amount appropriated for the pharmacy residency program under this subchapter to fund residency preceptor positions under this section.

(f)  The board may solicit, receive, and spend grants, gifts, and donations from public and private sources for purposes of this section.

Added by Acts 1999, 76th Leg., ch. 1243, Sec. 1, eff. Sept. 1, 1999. Renumbered from Education Code Sec. 61.863 by Acts 2003, 78th Leg., ch. 1275, Sec. 2(41), eff. Sept. 1, 2003.



Subchapter X. Repayment Of Certain Law School Education Loans: Attorney Of Nonprofit Organization Serving Indigent Persons

Section  61.951.  Repayment Assistance Authorized.

(a) The board shall provide, in accordance with this subchapter and board rules, assistance in the repayment of law school education loans for attorneys who apply and qualify for the assistance.

(b)  The provision of financial assistance in the repayment of education loans under this subchapter promotes a public purpose.

Added by Acts 2001, 77th Leg., ch. 1320, Sec. 1, eff. Sept. 1, 2001.



Section  61.952.  Eligibility.

To be eligible to receive repayment assistance, an attorney must:

(1)  apply to the board;

(2)  be a full-time employee of the eligible organization; and

(3)  be currently practicing in this state as an attorney employed by an organization that:

(A)  qualifies for an exemption from federal income taxes under Section 501(c)(3), Internal Revenue Code of 1986, as amended, that is prohibited from providing representation in a class-action lawsuit; and

(B)  receives funds for providing legal services to indigent individuals from:

(i)  the Interest on Lawyers' Trust Accounts program administered by the Texas Equal Access to Justice Foundation; or

(ii)  the basic civil legal services account under Section 51.943, Government Code.

Added by Acts 2001, 77th Leg., ch. 1320, Sec. 1, eff. Sept. 1, 2001.



Section  61.953.  Limitations.

(a) An attorney may receive repayment assistance grants for each of not more than 10 years.

(b)  The amount of loan repayment assistance received by an attorney under this subchapter may not exceed 50 percent of the total amount of the attorney's outstanding law school loans, including scheduled interest payments that would become due if the loan is not prepaid, when the attorney enters into the agreement.

Added by Acts 2001, 77th Leg., ch. 1320, Sec. 1, eff. Sept. 1, 2001.



Section  61.954.  Eligible Loans.

(a) The board may provide repayment assistance for the repayment of any education loan received by the attorney through any lender for education at a school of law authorized by the board to award a degree that satisfies the law study requirements for licensure as an attorney in this state.

(b)  The board may not provide repayment assistance for an education loan that is in default at the time of the attorney's application.

Added by Acts 2001, 77th Leg., ch. 1320, Sec. 1, eff. Sept. 1, 2001.



Section  61.955.  Repayment.

(a) The board shall deliver any repayment assistance made under this subchapter in a lump sum payable to the lender and the attorney and in accordance with any applicable federal law.

(b)  Loan repayment assistance received under this subchapter may be applied to the principal amount of the loan and to interest that accrues.

(c)  Any repayment assistance shall be reasonably related to the amount of time an attorney is employed by the eligible organization.

Added by Acts 2001, 77th Leg., ch. 1320, Sec. 1, eff. Sept. 1, 2001.



Section  61.956.  Advisory Committee.

The board may appoint an advisory committee to assist the board in performing the board's duties under this subchapter.

Added by Acts 2001, 77th Leg., ch. 1320, Sec. 1, eff. Sept. 1, 2001.



Section  61.957.  Acceptance Of Gifts.

The board may solicit and accept gifts, grants, and donations for the purposes of this subchapter.

Added by Acts 2001, 77th Leg., ch. 1320, Sec. 1, eff. Sept. 1, 2001.



Section  61.958.  Rules.

(a) The board shall adopt rules necessary for the administration of this subchapter, including a rule that sets a maximum amount of repayment assistance that an attorney may receive in one year.

(b)  The board shall distribute a copy of the rules adopted under this section and pertinent information in this subchapter to:

(1)  each school of law authorized by the board to award a degree described by Section 61.954(a);

(2)  any appropriate state agency; and

(3)  any appropriate professional association.

Added by Acts 2001, 77th Leg., ch. 1320, Sec. 1, eff. Sept. 1, 2001.



Subchapter Y. Repayment Of Certain Law School Education Loans: Assistant District Or County Attorney

Section  61.9601.  Definition.

In this subchapter, "rural county" means a county with a population of 50,000 or less.

Added by Acts 2001, 77th Leg., ch. 1320, Sec. 2, eff. Sept. 1, 2001.



Section  61.9602.  Repayment Assistance Authorized.

(a) The board shall provide, using funds appropriated for that purpose and in accordance with this subchapter and board rules, assistance in the repayment of law school education loans for attorneys who apply and qualify for the assistance.

(b)  The provision of financial assistance in the repayment of education loans under this subchapter promotes a public purpose.

Added by Acts 2001, 77th Leg., ch. 1320, Sec. 2, eff. Sept. 1, 2001.



Section  61.9603.  Eligibility.

To be eligible to receive repayment assistance, an attorney must:

(1)  apply to the board;

(2)  be currently employed as an attorney by a district or county attorney's office that serves a rural county; and

(3)  enter into an agreement to remain employed by the district or county attorney's office as provided by Section 61.9605.

Added by Acts 2001, 77th Leg., ch. 1320, Sec. 2, eff. Sept. 1, 2001.



Section  61.9604.  Eligible Loans.

(a) The board may provide repayment assistance for the repayment of any education loan received by the attorney through any lender for education at a school of law authorized by the board to award a degree that satisfies the law study requirements for licensure as an attorney in this state.

(b)  The board may not provide repayment assistance for an education loan that is in default at the time of the attorney's application.

Added by Acts 2001, 77th Leg., ch. 1320, Sec. 2, eff. Sept. 1, 2001.



Section  61.9605.  Agreement.

(a) To qualify for loan repayment assistance under this subchapter, a person must enter into a written agreement with the board as provided by this section. The agreement must specify the conditions the person must satisfy to receive repayment assistance.

(b)  The agreement must require the person to be employed for a period of five years with a district or county attorney's office that serves a rural county. Only employment with that district or county attorney's office as an attorney after the date the person enters into the agreement may be used to satisfy the employment requirement under the agreement.

(c)  The agreement must provide that the repayment assistance the person receives before the person has been employed for five years as required by the agreement constitutes a loan until the person completes the five years of employment and satisfies any other applicable conditions of the agreement. The agreement must require the person to sign a promissory note acknowledging the conditional nature of the repayment assistance received and promising to repay the amount of that assistance received plus applicable interest and reasonable collection costs if the person does not satisfy the applicable conditions. The board shall determine the terms of the promissory note. To the extent practicable, the terms must be the same as those applicable to state or federally guaranteed student loans made at the same time. All amounts collected in repayment of a loan under this subsection, including interest, but excluding collection costs paid by the board to another person to collect or assist in collecting the amount, shall be deposited to the credit of the trust fund established by Section 61.9608.

Added by Acts 2001, 77th Leg., ch. 1320, Sec. 2, eff. Sept. 1, 2001.



Section  61.9606.  Repayment.

(a) Except as provided by Section 61.9609(a), the board shall provide repayment assistance under this subchapter in the following amounts:

(1)  60 percent of each payment due on an attorney's eligible loans during the first 12-month period after the attorney enters into the agreement under Section 61.9605;

(2)  80 percent of each payment due on an attorney's eligible loans during the second 12-month period after the attorney enters into the agreement; and

(3)  100 percent of each payment due on an attorney's eligible loans during the third 12-month period after the attorney enters into the agreement.

(b)  The board shall deliver any repayment assistance made under this subchapter in a lump sum payable to the lender and the attorney and in accordance with any applicable federal law.

(c)  Loan repayment assistance received under this subchapter may be applied to the principal amount of the loan and to interest that accrues.

Added by Acts 2001, 77th Leg., ch. 1320, Sec. 2, eff. Sept. 1, 2001.



Section  61.9607.  Advisory Committee.

The board may appoint an advisory committee from outside the board's membership to assist the board in performing the board's duties under this subchapter.

Added by Acts 2001, 77th Leg., ch. 1320, Sec. 2, eff. Sept. 1, 2001.



Section  61.9608.  Funding.

(a) The loan repayment assistance program established by this subchapter is funded from the rural district and county attorney student loan assistance trust fund. The trust fund is established outside the treasury and is administered by the comptroller. Money in the trust fund may be spent without appropriation and only to fund the program. Interest and income from the assets of the trust fund shall be credited to and deposited in the trust fund.

(b)  The board may solicit and accept gifts, grants, and donations from any public or private source for the purposes of this subchapter and shall deposit money accepted under this subsection to the credit of the trust fund.

(c)  The legislature may appropriate money to the trust fund.

Added by Acts 2001, 77th Leg., ch. 1320, Sec. 2, eff. Sept. 1, 2001.



Section  61.9609.  Rules.

(a) The board shall adopt rules necessary for the administration of this subchapter, including a rule that sets the maximum amount of loan repayment assistance that an attorney may receive in one year.

(b)  The board shall distribute a copy of the rules adopted under this section and pertinent information in this subchapter to:

(1)  each school of law authorized by the board to award a degree described by Section 61.9604(a); and

(2)  any appropriate district or county attorneys.

Added by Acts 2001, 77th Leg., ch. 1320, Sec. 2, eff. Sept. 1, 2001.



Subchapter Z. Professional Nursing Shortage Reduction Program

Section 61.9621.  Definition.

In this subchapter, "professional nursing program" means an educational program offered by a public or private institution of higher education for preparing students for initial licensure as registered nurses.

Added by Acts 2001, 77th Leg., ch. 1489, Sec. 3, eff. Sept. 1, 2001. Renumbered from Education Code Sec. 61.921 by Acts 2003, 78th Leg., ch. 1275, Sec. 2(42), eff. Sept. 1, 2003.

Amended by:

Acts 2009, 81st Leg., R.S., Ch. 1042, Sec. 1, eff. June 19, 2009.



Section  61.9622.  Program.

A professional nursing shortage reduction program is established. The board shall administer the professional nursing shortage reduction program to make grants to professional nursing programs and other entities involved with a professional nursing program in the preparation of students for initial licensure as registered nurses in order to increase the number and types of registered nurses to meet the needs for registered nurses in the state.

Added by Acts 2001, 77th Leg., ch. 1489, Sec. 3, eff. Sept. 1, 2001. Renumbered from Education Code Sec. 61.922 by Acts 2003, 78th Leg., ch. 1275, Sec. 2(42), eff. Sept. 1, 2003.



Section  61.9623.  Grants.

(a) A grant from the professional nursing shortage reduction program to a professional nursing program or other entity involved with a professional nursing program in the preparation of students for initial licensure as registered nurses must be:

(1)  expended exclusively on costs related to:

(A)  enrolling additional students;

(B)  nursing faculty enhancement in accordance with Section 61.96231;

(C)  encouraging innovation in the recruitment and retention of students, including the recruitment and retention of Spanish-speaking and bilingual students; or

(D)  identifying, developing, or implementing innovative methods to make the most effective use of limited professional nursing program faculty, instructional or clinical space, and other resources, including:

(i)  sharing curriculum and administrative or instructional personnel, facilities, and responsibilities between two or more professional nursing programs located in the same region of this state; and

(ii)  using preceptors or part-time faculty to provide clinical instruction in order to address the need for qualified faculty to accommodate increased student enrollment in the professional nursing program;

(2)  contingent on the professional nursing program's having been approved as a professional nursing program by the board or the Texas Board of Nursing, as appropriate;

(3)  contingent on the professional nursing program's not being on probation with the Texas Board of Nursing or other accrediting body; and

(4)  if granted to increase enrollments, contingent on the professional nursing program's ability to enroll additional students, including having the necessary classroom space and clinical slots.

(b)  Funds not expended on the costs described by Subsection (a)(1) shall be returned to the board.

Added by Acts 2001, 77th Leg., ch. 1489, Sec. 3, eff. Sept. 1, 2001. Renumbered from Education Code Sec. 61.923 by Acts 2003, 78th Leg., ch. 1275, Sec. 2(42), eff. Sept. 1, 2003.

Amended by:

Acts 2005, 79th Leg., Ch. 674, Sec. 3, eff. June 17, 2005.

Acts 2007, 80th Leg., R.S., Ch. 360, Sec. 1, eff. June 15, 2007.

Acts 2007, 80th Leg., R.S., Ch. 889, Sec. 52, eff. September 1, 2007.

Acts 2009, 81st Leg., R.S., Ch. 1042, Sec. 2, eff. June 19, 2009.



Section 61.96231.  Nursing Faculty Enhancement Grants.

(a) Under the professional nursing shortage reduction program, the board may award nursing faculty enhancement grants to professional nursing programs to assist the programs in the education, recruitment, and retention of a sufficient number of faculty members to enable the programs to enroll a sufficient number of students to meet the state's need for registered nurses.

(b)  A grant awarded under this section may be used only for the purposes specified by Subsection (a), including providing salary supplements and enhancements and reducing the number of hours a faculty member must teach.

(c)  In awarding a grant under this section, the board may require matching funds from a professional nursing program or may give preference in awarding a grant to a program providing matching funds.

(d)  The board may appoint an advisory committee to advise the board on successful strategies, in addition to the grants awarded under this section, for educating, recruiting, and retaining qualified professional nursing program faculty members who hold master's or doctoral degrees.

Added by Acts 2005, 79th Leg., Ch. 674, Sec. 4, eff. June 17, 2005.



Section 61.96232.  Grants To Increase Number Of Graduates: Application Process.

(a) The board by rule shall establish a process under which a public or private institution of higher education that offers a professional nursing program may apply for a grant under this subchapter and the commissioner of higher education, contingent on appropriations of money for the grants, selects one or more applicants to receive a grant based on criteria established by board rule.  The criteria must include the institution's agreement that the institution's professional nursing program will enroll additional students or graduate additional students prepared for initial licensure as registered nurses.

(b)  The process established under Subsection (a) may authorize the commissioner of higher education to accept a joint application from multiple institutions that agree to cooperate on a regional or joint basis for their professional nursing programs to enroll additional students or graduate additional students prepared for initial licensure as registered nurses.

(c)  The application for a grant under this section must require the institution applying for a grant to:

(1)  state the number of additional students that the institution's professional nursing program intends to enroll or graduate;

(2)  identify benchmarks for determining adequate progress toward enrolling or graduating those additional students;

(3)  state the amount of grant money requested; and

(4)  describe a proposed payment schedule for distribution of the grant money to the institution seeking the grant.

(d)  The commissioner of higher education may negotiate changes to the application before approving the application.

(e)  If a professional nursing program fails to enroll or graduate the number of additional students stated in the approved application or does not meet a benchmark identified in the approved application, the commissioner of higher education may:

(1)  require the institution offering the professional nursing program to return any unearned grant money awarded to the program under this subchapter;

(2)  withhold future grant awards that would otherwise be made under this subchapter in accordance with the approved application;

(3)  renegotiate the terms of the approved application; or

(4)  rescind approval of the application.

(f)  The board may appoint an advisory committee to advise the commissioner of higher education and the board on implementation of this section.  The board may assign to the committee the responsibility for evaluating applications and recommending to the commissioner applications for approval.

Added by Acts 2009, 81st Leg., R.S., Ch. 1042, Sec. 3, eff. June 19, 2009.



Section 61.96233.  New Professional Nursing Programs.

(a) The board shall adopt rules for permitting newly established professional nursing programs to participate in and receive grant awards under the program established under this subchapter.

(b)  The rules the board adopts under Subsection (a) must include:

(1)  a process for ensuring that newly established professional nursing programs are treated equitably with established programs in the award of grants under this subchapter; and

(2)  a method for calculating increases in enrollment or graduates if grants are awarded based on such increases.

Added by Acts 2009, 81st Leg., R.S., Ch. 1042, Sec. 3, eff. June 19, 2009.



Section 61.9624.  Administration.

The board shall adopt rules for the administration of the professional nursing shortage reduction program.  The board shall grant funds under Sections 61.9623(a)(1)(A) and (D) in an equitable manner among the various types of professional nursing programs.  The board shall grant funds under Section 61.6923(a)(1)(C) in a manner that best promotes innovation in the recruitment and retention of nursing students, including the recruitment and retention of Spanish-speaking and bilingual students.

Added by Acts 2001, 77th Leg., ch. 1489, Sec. 3, eff. Sept. 1, 2001. Renumbered from Education Code Sec. 61.924 and amended by Acts 2003, 78th Leg., ch. 1275, Sec. 2(42), 3(10), eff. Sept. 1, 2003.

Amended by:

Acts 2005, 79th Leg., Ch. 674, Sec. 5, eff. June 17, 2005.



Section  61.9625.  Grants, Gifts, And Donations.

In addition to funds appropriated by the legislature, the board may solicit, receive, and spend grants, gifts, and donations from public or private sources for the purposes of this subchapter.

Added by Acts 2001, 77th Leg., ch. 1489, Sec. 3, eff. Sept. 1, 2001. Renumbered from Education Code Sec. 61.925 by Acts 2003, 78th Leg., ch. 1275, Sec. 2(42), eff. Sept. 1, 2003.



Section  61.9626.  Annual Report.

(a) Each institution of higher education that has a professional nursing program shall submit an annual report to the board detailing its strategy for increasing the number of students that graduate from the program prepared for licensure as registered nurses.  The report must include:

(1)  the capacity of the program, either alone or in cooperation with one or more other programs, to graduate more students prepared for licensure as registered nurses; and

(2)  the resources allocated to increase the number of students that graduate from the program prepared for licensure as registered nurses.

(b)  The board may adopt rules to implement this section.

Added by Acts 2001, 77th Leg., ch. 1489, Sec. 3, eff. Sept. 1, 2001. Renumbered from Education Code Sec. 61.926 by Acts 2003, 78th Leg., ch. 1275, Sec. 2(42), eff. Sept. 1, 2003.

Amended by:

Acts 2005, 79th Leg., Ch. 674, Sec. 6, eff. June 17, 2005.



Section  61.9627.  Disbursement And Accounting Of Appropriated Funds.

(a) The board shall adopt procedures for assuring that money appropriated by the legislature specifically to fund enrollment growth in a professional nursing program is:

(1)  distributed in a timely manner, including the forfeiture and reallocation of money if an institution fails to provide in a timely manner the information required for the money to be disbursed and if that failure prevents the timely disbursement of money to other institutions; and

(2)  expended on the professional nursing program by institutions receiving the money.

(b)  The procedures adopted under Subsection (a) must require each professional nursing program receiving money to file a report annually with the board accounting for all money received.

Added by Acts 2003, 78th Leg., ch. 728, Sec. 1, eff. June 20, 2003.



Section  61.9628.  Administrative Costs.

A reasonable amount, not to exceed five percent, of the money appropriated by the legislature to increase enrollments in professional nursing programs may be used by the board to pay administrative costs of implementing this subchapter or administering the money.

Added by Acts 2003, 78th Leg., ch. 728, Sec. 1, eff. June 20, 2003.



Section 61.9629.  Continued Eligibility Of Programs To Receive Grants.

Notwithstanding Section 61.9621, a professional nursing program offered by an entity other than a public or private or independent institution of higher education that was eligible to receive grants from a program under this subchapter before September 1, 2009, remains eligible to receive a grant from such a program if the entity meets all criteria for a grant other than the criterion of being a program offered by an institution of higher education.

Added by Acts 2009, 81st Leg., R.S., Ch. 1042, Sec. 3, eff. June 19, 2009.



Subchapter Aa. Dental Hygienists Student Loan Repayment Program

Section  61.9651.  Repayment Authorized.

The board may provide, using funds appropriated for that purpose and in accordance with this subchapter and rules of the board, assistance in the repayment of student loans for dental hygienists who apply and qualify for the assistance.

Added by Acts 2001, 77th Leg., ch. 1035, Sec. 1, eff. Sept. 1, 2001. Renumbered from Education Code Sec. 61.9401 by Acts 2003, 78th Leg., ch. 1275, Sec. 2(43), eff. Sept. 1, 2003.



Section  61.9652.  Eligibility.

To be eligible to receive repayment assistance, a dental hygienist must:

(1)  apply to the board;

(2)  have graduated from a dental hygiene degree or certificate program at an institution of higher education; and

(3)  have practiced dental hygiene under a license issued under Chapter 256, Occupations Code, for at least one year in an area of the state that is underserved with respect to dental hygiene services.

Added by Acts 2001, 77th Leg., ch. 1035, Sec. 1, eff. Sept. 1, 2001. Renumbered from Education Code Sec. 61.9402 by Acts 2003, 78th Leg., ch. 1275, Sec. 2(43), eff. Sept. 1, 2003.



Section  61.9653.  Limitation.

A dental hygienist may receive repayment assistance grants for each of not more than five years.

Added by Acts 2001, 77th Leg., ch. 1035, Sec. 1, eff. Sept. 1, 2001. Renumbered from Education Code Sec. 61.9403 by Acts 2003, 78th Leg., ch. 1275, Sec. 2(43), eff. Sept. 1, 2003.



Section  61.9654.  Eligible Loans.

(a) The board may provide repayment assistance for the repayment of any student loan received by a dental hygienist through any lender for the costs of attendance at an institution of higher education while enrolled in any course work before the person received a degree or certificate in dental hygiene or while enrolled in a dental hygiene program.

(b)  The board may not provide repayment assistance for a student loan that is in default at the time of the dental hygienist's application.

(c)  Each state fiscal biennium, the board shall attempt to allocate all funds appropriated to it for the purpose of providing repayment assistance under this subchapter.

Added by Acts 2001, 77th Leg., ch. 1035, Sec. 1, eff. Sept. 1, 2001. Renumbered from Education Code Sec. 61.9404 by Acts 2003, 78th Leg., ch. 1275, Sec. 2(43), eff. Sept. 1, 2003.



Section  61.9655.  Repayment.

(a) The coordinating board shall deliver any repayment made under this subchapter in a lump sum payable to the lender and the dental hygienist, in accordance with any applicable federal law.

(b)  A repayment made under this subchapter may be applied to any amount due in connection with the loan.

Added by Acts 2001, 77th Leg., ch. 1035, Sec. 1, eff. Sept. 1, 2001. Renumbered from Education Code Sec. 61.9405 by Acts 2003, 78th Leg., ch. 1275, Sec. 2(43), eff. Sept. 1, 2003.



Section  61.9656.  Advisory Committees.

The board may:

(1)  appoint advisory committees to assist the board in performing its duties under this subchapter; and

(2)  request the assistance of the Oral Health Services Advisory Committee in performing those duties.

Added by Acts 2001, 77th Leg., ch. 1035, Sec. 1, eff. Sept. 1, 2001. Renumbered from Education Code Sec. 61.9406 by Acts 2003, 78th Leg., ch. 1275, Sec. 2(43), eff. Sept. 1, 2003.



Section  61.9657.  Acceptance Of Gifts And Grants.

The board may accept gifts, grants, and donations for the purposes of this subchapter.

Added by Acts 2001, 77th Leg., ch. 1035, Sec. 1, eff. Sept. 1, 2001. Renumbered from Education Code Sec. 61.9407 by Acts 2003, 78th Leg., ch. 1275, Sec. 2(43), eff. Sept. 1, 2003.



Section  61.9658.  Rules.

(a) The board shall adopt rules to administer this subchapter, including a rule that sets a maximum amount of repayment assistance that may be received by a dental hygienist in one year. The board may consult with the Oral Health Services Advisory Committee to assist the board in establishing priorities among eligible dental hygienists for repayment assistance, taking into account the degree of an area's shortage of dental hygiene services, geographic locations, whether the dental hygienist is or will be providing service in an underserved area with respect to dental hygiene services, and other criteria the board considers appropriate.

(b)  The coordinating board shall distribute to each dental hygiene school in this state and to appropriate state agencies and professional associations copies of the rules adopted under this section and other pertinent information relating to this subchapter.

Added by Acts 2001, 77th Leg., ch. 1035, Sec. 1, eff. Sept. 1, 2001. Renumbered from Education Code Sec. 61.9408 by Acts 2003, 78th Leg., ch. 1275, Sec. 2(43), eff. Sept. 1, 2003.



Section  61.9659.  Total Amount Of Repayment Assistance.

The total amount of repayment assistance distributed by the board under this subchapter may not exceed the total amount of gifts and grants accepted by the board for repayment assistance, tuition set aside under Section 61.9660, legislative appropriations for repayment assistance, and other funds available to the board for purposes of this subchapter.

Added by Acts 2001, 77th Leg., ch. 1035, Sec. 1, eff. Sept. 1, 2001. Renumbered from Education Code Sec. 61.9409 and amended by Acts 2003, 78th Leg., ch. 1275, Sec. 2(43), 3((11), eff. Sept. 1, 2003.



Section  61.9660.  Tuition Set Aside For Certain Loan Repayments.

(a) The governing board of each institution of higher education authorized by the board to award a degree or certificate in dental hygiene shall set aside two percent of tuition charges for resident students enrolled in the degree program.

(b)  The amount set aside shall be transferred to the comptroller to be maintained in the state treasury for the sole purpose of repayment of student loans of dental hygienists under this subchapter. Section 403.095(b), Government Code, does not apply to the amount set aside under this section.

Added by Acts 2001, 77th Leg., ch. 1035, Sec. 1, eff. Sept. 1, 2001. Renumbered from Education Code Sec. 61.9410 by Acts 2003, 78th Leg., ch. 1275, Sec. 2(43), eff. Sept. 1, 2003.



Subchapter Bb. Texas Fund For Geography Education

Section  61.9681.  Purpose.

The purpose of this subchapter is to:

(1)  create an endowment to support geographic education programs in Texas;

(2)  improve the quality of geography education in Texas; and

(3)  promote a better understanding of Texas by all of its residents.

Added by Acts 2001, 77th Leg., ch. 901, Sec. 1, eff. June 14, 2001. Renumbered from Education Code Sec. 61.941 by Acts 2003, 78th Leg., ch. 1275, Sec. 2(44), eff. Sept. 1, 2003.



Section  61.9682.  Definition.

In this subchapter, "fund" means the Texas Fund for Geography Education.

Added by Acts 2001, 77th Leg., ch. 901, Sec. 1, eff. June 14, 2001. Renumbered from Education Code Sec. 61.942 by Acts 2003, 78th Leg., ch. 1275, Sec. 2(44), eff. Sept. 1, 2003.



Section  61.9683.  Fund; Grants. (

a) The board may enter into an agreement with the National Geographic Society of Washington, D.C., to operate an endowment fund for purposes of this subchapter to be known as the Texas Fund for Geography Education.

(b)  The agreement must include the following conditions:

(1)  appropriated money may be deposited to the fund only in an amount equal to matching funds deposited to the fund by the National Geographic Society from other sources;

(2)  the National Geographic Society shall provide to the board an annual report describing the fund's investments, earnings, operating procedures, and major programs; and

(3)  if the board determines that the public purposes described by Section 61.9681 are not being accomplished, the fund shall be dissolved and the fund balance shall be distributed as follows:

(A)  one-half to the general revenue fund; and

(B)  the remainder to be returned to the donors of any amount deposited to the fund for the preceding five years in proportion to the amount of the donation, if the donor accepts the return of the donation, and any remainder to the National Geographic Society.

(c)  The board may transfer to the National Geographic Society for deposit to the fund any amount appropriated to the board for that purpose.

(d)  The National Geographic Society shall award grants from the fund to institutions of higher education and private or independent institutions of higher education as defined by Section 61.003(15) to promote the purposes of this subchapter.

Added by Acts 2001, 77th Leg., ch. 901, Sec. 1, eff. June 14, 2001. Renumbered from Education Code Sec. 61.943 and amended by Acts 2003, 78th Leg., ch. 1275, Sec. 2(44), 3(13), eff. Sept. 1, 2003.



Section  61.9684.  Geography Education Advisory Committee.

(a) The board shall appoint an advisory committee consisting of seven persons who have expertise and an interest in geography education to assist the National Geographic Society in awarding grants from the fund under this subchapter.

(b)  The advisory committee on behalf of the National Geographic Society shall solicit proposals from institutions of higher education and private or independent institutions of higher education as defined by Section 61.003(15) for use of proceeds from the fund and shall recommend to the society those that best promote the purposes of this subchapter.

(c)  The advisory committee is subject to Chapter 2110, Government Code.

Added by Acts 2001, 77th Leg., ch. 901, Sec. 1, eff. June 14, 2001. Renumbered from Education Code Sec. 61.944 by Acts 2003, 78th Leg., ch. 1275, Sec. 2(44), eff. Sept. 1, 2003.



Section  61.9685.  Reporting.

Not later than December 1 of each even-numbered year the board shall report to the governor and the legislature:

(1)  the value of the fund and the membership of the advisory committee as of September 1 of that year;

(2)  a summary of each project supported by a grant from the fund during the preceding state fiscal biennium; and

(3)  other information the board considers appropriate.

Added by Acts 2001, 77th Leg., ch. 901, Sec. 1, eff. June 14, 2001. Renumbered from Education Code Sec. 61.945 by Acts 2003, 78th Leg., ch. 1275, Sec. 2(44), eff. Sept. 1, 2003.



Subchapter Cc. Public Awareness Campaign Promoting Higher Education

Section  61.9701.  Public Awareness Campaign.

(a) The board shall establish a statewide public awareness campaign to promote the value and availability of higher education.

(b)  The campaign may include the provision of information on:

(1)  the benefits of obtaining a postsecondary education;

(2)  the types of institutions of higher education and degree programs available;

(3)  the academic preparation needed to pursue a postsecondary education and any other requirements for enrollment at an institution of higher education; and

(4)  how to obtain financial aid and what forms of financial aid are available.

Added by Acts 2001, 77th Leg., ch. 148, Sec. 1, eff. Sept. 1, 2001. Renumbered from Education Code Sec. 61.951 by Acts 2003, 78th Leg., ch. 1275, Sec. 2(45), eff. Sept. 1, 2003.



Section  61.9702.  Target Audience.

(a) The campaign established by the board must target primary and secondary school students.

(b)  The board shall give priority to reaching primary and secondary school students from groups or backgrounds that are traditionally underrepresented in higher education.

Added by Acts 2001, 77th Leg., ch. 148, Sec. 1, eff. Sept. 1, 2001. Renumbered from Education Code Sec. 61.952 by Acts 2003, 78th Leg., ch. 1275, Sec. 2(45), eff. Sept. 1, 2003.



Section  61.9703.  Coordination With Other Agencies.

The board may coordinate with other agencies as necessary to develop and implement the public awareness campaign.

Added by Acts 2001, 77th Leg., ch. 148, Sec. 1, eff. Sept. 1, 2001. Renumbered from Education Code Sec. 61.953 by Acts 2003, 78th Leg., ch. 1275, Sec. 2(45), eff. Sept. 1, 2003.



Section  61.9704.  Funding.

The board may use any available revenue, including legislative appropriations, and may solicit and accept gifts, grants, and donations to undertake the campaign.

Added by Acts 2001, 77th Leg., ch. 148, Sec. 1, eff. Sept. 1, 2001. Renumbered from Education Code Sec. 61.954 by Acts 2003, 78th Leg., ch. 1275, Sec. 2(45), eff. Sept. 1, 2003.



Section  61.9705.  Sale Of Promotional Items And Media And Training Materials.

(a) The board may sell or contract for the sale of promotional items, including clothing, posters, and banners, designed to promote the public awareness campaign. The board may use its Internet website to advertise and sell the items.

(b)  The board may sell, contract for the sale of, or otherwise transfer the board's rights in media and training materials developed for the public awareness campaign.

(c)  Money received under this section shall be deposited to the credit of the general revenue fund and used only by the board to further the purposes of the campaign.

Added by Acts 2003, 78th Leg., ch. 820, Sec. 31, eff. Sept. 1, 2003.

Renumbered from Education Code, Section 61.955 by Acts 2005, 79th Leg., Ch. 728, Sec. 23.001(22), eff. September 1, 2005.



Subchapter Dd. Repayment Of Certain Education Loans Owed By Certain State Attorneys

Section  61.9721.  Repayment Assistance Authorized.

(a) The board may provide, in accordance with this subchapter and board rules, assistance in the repayment of education loans for attorneys who apply and qualify for the assistance.

(b)  The provision of financial assistance in the repayment of education loans under this subchapter promotes a public purpose.

Added by Acts 2001, 77th Leg., ch. 1403, Sec. 1, eff. Sept. 1, 2001. Renumbered from Education Code Sec. 61.951 by Acts 2003, 78th Leg., ch. 1275, Sec. 2(46), eff. Sept. 1, 2003.



Section  61.9722.  Eligibility.

To be eligible to receive repayment assistance, an attorney must:

(1)  apply to the board; and

(2)  have been employed for at least one year by, and be currently employed by, the office of the attorney general at the time the attorney applies for the assistance.

Added by Acts 2001, 77th Leg., ch. 1403, Sec. 1, eff. Sept. 1, 2001. Renumbered from Education Code Sec. 61.952 and amended by Acts 2003, 78th Leg., ch. 1275, Sec. 2(46), 3(12), eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 820, Sec. 30, eff. Sept. 1, 2003.



Section  61.9724.  Maximum Amount Of Repayment Assistance.

(a) For each year that an attorney serves as an attorney with the office of the attorney general, the attorney may receive repayment assistance under this subchapter in an amount not to exceed $6,000.

(b)  An attorney may not receive repayment assistance under this subchapter for more than three years.

Added by Acts 2001, 77th Leg., ch. 1403, Sec. 1, eff. Sept. 1, 2001. Renumbered from Education Code Sec. 61.954 and amended by Acts 2003, 78th Leg., ch. 1275, Sec. 2(46), 3(14), eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 820, Sec. 30, eff. Sept. 1, 2003.



Section  61.9725.  Eligible Loans.

(a) The board may provide repayment assistance for the repayment of any education loan received by the attorney through any lender, other than a private individual, for:

(1)  education at a school of law authorized by the board to award a degree that satisfies the law study requirements for licensure as an attorney in this state; or

(2)  undergraduate education at an institution of higher education or an accredited private or independent institution of higher education.

(b)  The board may not provide repayment assistance for an education loan that is in default at the time of the attorney's application.

(c)  Each state fiscal biennium the board shall attempt to allocate all funds appropriated for the purpose of providing repayment assistance under this subchapter.

Added by Acts 2001, 77th Leg., ch. 1403, Sec. 1, eff. Sept. 1, 2001. Renumbered from Education Code Sec. 61.955 by Acts 2003, 78th Leg., ch. 1275, Sec. 2(46), eff. Sept. 1, 2003.



Section  61.9726.  Repayment.

(a) The board shall deliver any repayment assistance made under this subchapter in a lump sum payable to the lender and the attorney and in accordance with any applicable federal law.

(b)  Repayment assistance received under this subchapter may be applied to the principal amount of the loan and to interest that accrues.

Added by Acts 2001, 77th Leg., ch. 1403, Sec. 1, eff. Sept. 1, 2001. Renumbered from Education Code Sec. 61.956 by Acts 2003, 78th Leg., ch. 1275, Sec. 2(46), eff. Sept. 1, 2003.



Section  61.9727.  Assistance Available To Board.

The board may:

(1)  appoint an advisory committee from outside the board's membership to assist the board in performing the board's duties under this subchapter; and

(2)  request the assistance of the State Bar of Texas and the office of the attorney general in performing those duties.

Added by Acts 2001, 77th Leg., ch. 1403, Sec. 1, eff. Sept. 1, 2001. Renumbered from Education Code Sec. 61.957 by Acts 2003, 78th Leg., ch. 1275, Sec. 2(46), eff. Sept. 1, 2003.



Section  61.9728.  Acceptance Of Funds.

The board may solicit and accept gifts, grants, and donations for the purposes of this subchapter.

Added by Acts 2001, 77th Leg., ch. 1403, Sec. 1, eff. Sept. 1, 2001. Renumbered from Education Code Sec. 61.958 by Acts 2003, 78th Leg., ch. 1275, Sec. 2(46), eff. Sept. 1, 2003.



Section  61.9729.  Rules.

(a) The board shall adopt rules necessary for the administration of this subchapter.

(b)  The board shall distribute a copy of the rules adopted under this section and pertinent information in this subchapter to:

(1)  each school of law authorized by the board to award a degree described by Section 61.9725(a)(1);

(2)  any appropriate state agency; and

(3)  any appropriate professional association.

Added by Acts 2001, 77th Leg., ch. 1403, Sec. 1, eff. Sept. 1, 2001. Renumbered from Education Code Sec. 61.959 and amended by Acts 2003, 78th Leg., ch. 1275, Sec. 2(46), 3(15), eff. Sept. 1, 2003.



Section  61.9730.  Total Amount Of Repayment Assistance. The

total amount of repayment assistance distributed by the board under this subchapter may not exceed the total amount of gifts, grants, and donations accepted by the board for repayment assistance and tuition set aside under Section 61.9731.

Added by Acts 2001, 77th Leg., ch. 1403, Sec. 1, eff. Sept. 1, 2001. Renumbered from Education Code Sec. 61.960 and amended by Acts 2003, 78th Leg., ch. 1275, Sec. 2(46), 3(16), eff. Sept. 1, 2003.



Section  61.9731.  Law School Tuition Set Aside For Certain Loan Repayments.

(a) The governing board of each public school of law in this state authorized by the board to award a degree that satisfies the law study requirements for licensure as an attorney in this state shall set aside one percent of tuition charges for resident students enrolled in the school of law.

(b)  The amount set aside shall be transferred to the comptroller to be maintained in the state treasury for the sole purpose of repayment of education loans of attorneys under this subchapter. Section 403.095(b), Government Code, does not apply to the amount set aside under this section.

Added by Acts 2001, 77th Leg., ch. 1403, Sec. 1, eff. Sept. 1, 2001. Renumbered from Education Code Sec. 61.961 by Acts 2003, 78th Leg., ch. 1275, Sec. 2(46), eff. Sept. 1, 2003.



Section  61.9732.  Limitations On Funding.

The loan repayment program under this subchapter may be funded only from:

(1)  gifts, grants, and donations accepted by the board; and

(2)  tuition set aside under Section 61.9731.

Added by Acts 2001, 77th Leg., ch. 1403, Sec. 1, eff. Sept. 1, 2001. Renumbered from Education Code Sec. 61.962 and amended by Acts 2003, 78th Leg., ch. 1275, Sec. 2(46), 3(17), eff. Sept. 1, 2003.



Subchapter Ee. Texas Hospital-based Nursing Education

PARTNERSHIP GRANT PROGRAM


Section 61.9751.  Definitions.

In this subchapter:

(1)  "Hospital-based nursing education partnership" means a partnership that:

(A)  consists of one or more hospitals in this state that are not owned, maintained, or operated by the federal or state government or an agency of the federal or state government and one or more nursing education programs in this state; and

(B)  serves to increase the number of students enrolled in and graduation rates for each nursing education program in the partnership.

(2)  "Nursing education program" means an undergraduate professional nursing program or a graduate professional nursing program as those terms are defined by Section 54.221.

Added by Acts 2007, 80th Leg., R.S., Ch. 889, Sec. 73, eff. September 1, 2007.

Added by Acts 2007, 80th Leg., R.S., Ch. 936, Sec. 1, eff. June 15, 2007.



Section 61.9752.  Program: Establishment; Administration; Purpose.

(a) The Texas hospital-based nursing education partnership grant program is established.

(b)  The board shall administer the program in accordance with this subchapter and rules adopted under this subchapter.

(c)  Under the program, to the extent funds are available under Section 61.9755, the board shall make grants to hospital-based nursing education partnerships to assist those partnerships to meet the state's needs for registered nurses by increasing the number of nursing education program graduates through innovative instruction, through collaboration between hospitals and nursing education programs, and the use of the existing expertise and facilities of those hospitals and programs.

Added by Acts 2007, 80th Leg., R.S., Ch. 889, Sec. 73, eff. September 1, 2007.

Added by Acts 2007, 80th Leg., R.S., Ch. 936, Sec. 1, eff. June 15, 2007.



Section 61.9753.  Grants: Conditions; Limitations.

(a) The board may make a grant under this subchapter to a hospital-based nursing education partnership only if the board determines that:

(1)  the partnership will meet applicable board and Texas Board of Nursing standards for instruction and student competency for the associate, bachelor of science, or master of science nursing degree granted by each nursing education program participating in the partnership;

(2)  each nursing education program participating in the partnership will, as a result of the partnership, enroll in the nursing education program a sufficient number of additional students as established by the board;

(3)  the marginal cost to the state of producing a graduate of a nursing education program participating in the partnership will be comparable, as determined under criteria established by board rule, to the marginal cost to the state of producing a graduate of a nursing education program not  participating in a partnership;

(4)  each hospital participating in a partnership with a nursing education program will provide to students enrolled in the program clinical placements that:

(A)  allow the students to take part in providing or to observe, as appropriate, medical services offered by the hospital; and

(B)  meet the clinical education needs of the students; and

(5)  the partnership will satisfy any other requirement established by board rule.

(b)  In establishing the cost-comparison criteria under Subsection (a)(3), the board shall exclude reasonable development and initial implementation costs for the infrastructure necessary to support a hospital-based nursing education partnership.

(c)  A grant under this subchapter may be spent only on costs related to the development or operation of a hospital-based nursing education partnership that:

(1)  prepares a student to earn an associate or bachelor of science degree in nursing and to achieve initial licensure as a registered nurse, including by providing an accelerated program to prepare a student to earn a bachelor of science degree in nursing;

(2)  prepares a student to earn a master of science degree in nursing with a concentration in education; or

(3)  provides an articulation program providing for advancement from an associate degree to a bachelor of science degree in nursing or to a master of science degree in nursing with a concentration in education.

(d)  A hospital-based nursing education partnership shall return to the board money granted to the partnership under this subchapter that the partnership does not spend on eligible costs under Subsection (c).  As the board determines appropriate to best achieve the purposes of these programs, the board may:

(1)  use the money to make grants to other hospital-based nursing education partnerships;

(2)  use the money to make grants under the professional nursing shortage reduction program established under Subchapter Z; or

(3)  transfer the money to the permanent fund for higher education nursing, allied health, and other health-related programs established under Subchapter C, Chapter 63, for use in making grants under that subchapter.

Added by Acts 2007, 80th Leg., R.S., Ch. 889, Sec. 73, eff. September 1, 2007.

Added by Acts 2007, 80th Leg., R.S., Ch. 936, Sec. 1, eff. June 15, 2007.



Section 61.9754.  Priority For Funding.

In awarding a grant  under this subchapter, the board shall give priority to a hospital-based nursing education partnership that submits a proposal that:

(1)  provides for collaborative educational models between one or more participating hospitals and one or more participating nursing education programs that have signed a memorandum of understanding or other written agreement under which the participants agree to comply with standards established by the board, including any standards the board may establish that:

(A)  provide for program management that offers a centralized decision-making process allowing for inclusion of each entity participating in the partnership;

(B)  provide for access to clinical training positions for students in nursing education programs that are not participating in the partnership; and

(C)  specify the details of any requirement relating to a student in a nursing education program participating in the partnership being employed after graduation in a hospital participating in the partnership, including any details relating to the employment of students who do not complete the program, are not offered a nursing position at the hospital, or choose to pursue other employment;

(2)  includes a demonstrable education model to:

(A)  increase the number of students enrolled in, the number of students graduating from, and the number of nursing faculty employed by each nursing education program participating in the partnership; and

(B)  improve student retention in each nursing education program;

(3)  indicates the availability of money to match all or a portion of the grant money, including matching money from a hospital, private or nonprofit entity, or institution of higher education;

(4)  provides for completion of a class admitted under this project to be funded by all members of the partnership if the funded project ends before the class graduation date;

(5)  can be replicated by other hospital-based nursing education partnerships or nursing education programs; and

(6)  includes plans for sustainability of the partnership beyond the grant period.

Added by Acts 2007, 80th Leg., R.S., Ch. 889, Sec. 73, eff. September 1, 2007.

Added by Acts 2007, 80th Leg., R.S., Ch. 936, Sec. 1, eff. June 15, 2007.



Section 61.9755.  Grants, Gifts, And Donations.

In addition to money appropriated by the legislature, the board may solicit, receive, and spend grants, gifts, and donations from any public or private source for the purposes of this subchapter.

Added by Acts 2007, 80th Leg., R.S., Ch. 889, Sec. 73, eff. September 1, 2007.

Added by Acts 2007, 80th Leg., R.S., Ch. 936, Sec. 1, eff. June 15, 2007.



Section 61.9756.  Rules.

The board shall adopt rules for the administration of the Texas hospital-based nursing education partnership grant program.  The rules must include:

(1)  provisions relating to applying for a grant under this subchapter; and

(2)  standards of accountability to be met by any hospital-based nursing education partnership awarded a grant under this subchapter.

Added by Acts 2007, 80th Leg., R.S., Ch. 889, Sec. 73, eff. September 1, 2007.

Added by Acts 2007, 80th Leg., R.S., Ch. 936, Sec. 1, eff. June 15, 2007.



Section 61.9757.  Approval As Nursing Education Pilot Program.

The board and the Texas Board of Nursing shall establish a single application process under which a hospital-based nursing education partnership may apply both for approval as a pilot program under Section 301.1605, Occupations Code, and for a grant under this subchapter.

Added by Acts 2007, 80th Leg., R.S., Ch. 889, Sec. 73, eff. September 1, 2007.

Added by Acts 2007, 80th Leg., R.S., Ch. 936, Sec. 1, eff. June 15, 2007.



Section 61.9758.  Reporting Requirements.

(a) Each hospital-based nursing education partnership that receives a grant under this subchapter shall submit to the board narrative and financial reports that include information concerning the extent to which during the reporting period the partnership has complied with accountability standards established by the board.

(b)  Not later than December 31 of each even-numbered year, the board shall submit a report to the governor, lieutenant governor, and speaker of the house of representatives.  The report shall include a list and description of partnerships created under this subchapter, and the number of new nursing student enrollees.

Added by Acts 2007, 80th Leg., R.S., Ch. 889, Sec. 73, eff. September 1, 2007.

Added by Acts 2007, 80th Leg., R.S., Ch. 936, Sec. 1, eff. June 15, 2007.

Amended by:

Acts 2009, 81st Leg., R.S., Ch. 87, Sec. 7.011, eff. September 1, 2009.



Section 61.9759.  Administrative Costs.

A reasonable amount, not to exceed three percent, of any money appropriated for purposes of this subchapter may be used to pay the costs of administering this subchapter.

Added by Acts 2007, 80th Leg., R.S., Ch. 889, Sec. 73, eff. September 1, 2007.

Added by Acts 2007, 80th Leg., R.S., Ch. 936, Sec. 1, eff. June 15, 2007.



Subchapter Ff. Texas Armed Services Scholarship Program

Section 61.9771.  Scholarship Program; Scholarship Amount.

(a) The board shall establish and administer, in accordance with this subchapter and board rules, the Texas Armed Services Scholarship Program under which the board provides an annual conditional scholarship to a student who meets the eligibility criteria prescribed by Section 61.9772 and is appointed to receive a scholarship.

(b)  The amount of a scholarship under this subchapter in an academic year is the lesser of:

(1)  $15,000; or

(2)  the amount available for each scholarship from   appropriations that may be used for scholarships under this subchapter for that academic year.

Added by Acts 2009, 81st Leg., R.S., Ch. 1326, Sec. 1, eff. September 1, 2009.



Section 61.9772.  Eligibility; Nomination And Selection.

(a) To receive an initial scholarship under this subchapter, a student must:

(1)  be enrolled as a freshman in a public or private institution of higher education in this state;

(2)  enroll in and be a member in good standing of a Reserve Officers' Training Corps (ROTC) program while enrolled in a public or private institution of higher education in this state;

(3)  be appointed to receive a scholarship by the governor, the lieutenant governor, a state senator, or a state representative; and

(4)  enter into an agreement with the board under Section 61.9773.

(b)  In each year, the governor and the lieutenant governor may each appoint two students and each state senator and each state representative may appoint one student to receive an initial scholarship under this subchapter.

(c)  For a student to continue to receive a scholarship awarded under this subchapter, the student must maintain satisfactory academic progress as determined by the institution in which the student is enrolled.

Added by Acts 2009, 81st Leg., R.S., Ch. 1326, Sec. 1, eff. September 1, 2009.



Section 61.9773.  Agreement Requirements.

(a) To receive a scholarship under this subchapter, a student must enter into an agreement with the board as provided by this section.  The agreement must require the student to:

(1)  complete four years of ROTC training;

(2)  graduate not later than five years after the date the student first enrolls in a public or private institution of higher education in this state;

(3)  after graduation, enter into:

(A)  a four-year commitment to be a member of the Texas Army or Air Force National Guard; or

(B)  a contract to serve as a commissioned officer in any branch of the armed services of the United States;

(4)  meet the physical examination requirements and all other prescreening requirements of the Texas Army or Air Force National Guard or the branch of the armed services with which the student enters into a contract; and

(5)  agree to repay the scholarship if the student:

(A)  fails to maintain satisfactory academic progress;

(B)  withdraws from the scholarship program; or

(C)  fails to fulfill a commitment or contract described by Subdivision (3).

(b)  The board shall adopt rules to exempt a student from the repayment of a scholarship under an agreement entered into under this section if the student is unable to meet the obligations of the agreement solely as a result of physical inability.

Added by Acts 2009, 81st Leg., R.S., Ch. 1326, Sec. 1, eff. September 1, 2009.



Section 61.9774.  Rules.

(a) The board shall adopt rules as necessary for the administration of this subchapter, including rules regarding the eligibility criteria and the selection of scholarship recipients.

(b)  The board by rule shall provide that any amount paid to a student by a branch of the armed services of the United States during an academic year for which the student receives a scholarship under this subchapter because the student is under a contract with that branch shall be deducted from the amount of the scholarship awarded to the student for that academic year.

Added by Acts 2009, 81st Leg., R.S., Ch. 1326, Sec. 1, eff. September 1, 2009.



Section 61.9775.  Limitation On Scholarship.

A person may not receive a scholarship under this subchapter after earning a cumulative total of 150 credit hours or after being awarded a baccalaureate degree, whichever occurs first.

Added by Acts 2009, 81st Leg., R.S., Ch. 1326, Sec. 1, eff. September 1, 2009.



Section 61.9776.  Funding.

The board shall administer this subchapter using available appropriations and gifts, grants, and donations made for the purposes of this subchapter.

Added by Acts 2009, 81st Leg., R.S., Ch. 1326, Sec. 1, eff. September 1, 2009.


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