HBA-MPM H.B. 3651 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 3651
By: Rangel
Higher Education
3/31/1999
Introduced



BACKGROUND AND PURPOSE 

State officials have expressed a desire for changes to the state's higher
education system to be approved by the Texas Higher Education Coordinating
Board (board).  H.B. 3651 prohibits an institution of higher education from
initiating a department until the board has rendered a written finding that
the department is adequately financed by funds appropriated for that
purpose. Additionally, it prohibits a university system, general academic
teaching institution, or medical and dental unit from initiating certain
instructional facilities or from affiliating with an institution of higher
education to offer or jointly operate an instructional facility until such
an action is approved by the legislature and the board. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 61.055, Education Code, as follows:

Sec. 61.055.  New title:  INITIATION OF DEPARTMENTS, SCHOOLS, PROGRAMS,
OFF-CAMPUS UNITS, OR AFFILIATIONS.  Deletes "new" and "and" from title.
(a) Prohibits a department, rather than a new department, approved by the
Texas Higher Education Coordinating Board (board) from being initiated by
any institution of higher education until the board has made a written
finding that the department, in addition to other educational bodies, is
adequately financed by legislative appropriation, by funds allocated by the
board, or from other sources.  

(b)  Prohibits a university system, a general academic teaching
institution, or a medical and dental unit from initiating a branch campus,
extension center, other off-campus unit, or professional school, and
prohibits these entities from affiliating with a private or independent
institution of higher education to offer or jointly operate a branch
campus, extension center, other off-campus unit, or professional school
until the initiation or affiliation is approved by legislative act and the
board and the board makes a written finding that these facilities are
adequately financed by legislative appropriation or funds allocated by the
board or from other sources. 

SECTION 2.  Provides that this Act does not affect a branch campus,
extension center, other offcampus unit, professional school, or affiliation
initiated before the effective date of this Act. 

SECTION 3.Emergency clause.
  Effective date: upon passage.