HBA-MPM C.S.H.B. 3651 76(R)BILL ANALYSIS Office of House Bill AnalysisC.S.H.B. 3651 By: Rangel Higher Education 4/12/1999 Committee Report (Substituted) 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. C.S.H.B. 3651 prohibits the governing board (board) of an institution of higher education from initiating a new partnership or affiliation between a general academic teaching institution or medical and dental unit and any other entity unless the Texas Higher Education Coordinating Board has made certain determinations with respect to the partnership or affiliation or the partnership or affiliation is approved by an act of legislature. 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 NEW DEPARTMENTS, SCHOOLS, AND PROGRAMS; PARTNERSHIPS OR AFFILIATIONS. (a) Makes no change. (b) Prohibits a governing board (board) of an institution of higher education from establishing a partnership or affiliation between a general academic teaching institution or medical and dental unit within the board's control and any other entity to offer or conduct courses for academic credit or to offer or operate a degree program unless the Texas Higher Education Coordinating Board (coordinating board) determines that the partnership or affiliation is: _consistent with the role and mission established for the institution or unit; _in accordance with the degree and certificate programs authorized to be offered by the institution or unit; and _consistent with the role and mission of the university system, if any, to which the institution or unit belongs. Alternatively prohibits the board from establishing such a partnership or affiliation unless it is approved by an act of the legislature. SECTION 2. Provides that this Act does not affect a partnership or affiliation initiated before the effective date of this Act. SECTION 3.Emergency clause. Effective date: upon passage. COMPARISON OF ORIGINAL TO SUBSTITUTE C.S.H.B. 3651 differs from the original in SECTION 1 (Section 61.055, Education Code) in proposed Subsection (b), to prohibit a governing board (board) of an institution of higher education, rather than a university system, general teaching institution, or a medical or dental unit, from initiating a partnership or affiliation, rather than a branch campus, extension center, other off-campus unit, or professional school, within the board's control and any other entity to offer or conduct courses for academic credit or to offer a degree program unless the Texas Higher Education Coordinating Board makes certain determinations with respect to the partnership or affiliation and its consistency and accordance with the role, mission, and degree or certificate programs offered by the parent institution. Alternatively the substitute states that such a partnership or affiliation may take place if approved by an act of legislature. The substitute also deletes language in the original bill, which prohibits a university system, general academic teaching institution, or a medical or dental unit from initiating a branch campus, extension center, other off-campus unit, or professional school, or 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 approved by legislative act and the board, and until the board makes a written finding regarding proof of adequate financing. The title of Section 61.055 is changed in the substitute to INITIATION OF NEW DEPARTMENTS, SCHOOLS, AND PROGRAMS; PARTNERSHIPS OR AFFILIATIONS from INITIATION OF DEPARTMENTS, SCHOOLS, PROGRAMS, OFF-CAMPUS UNITS, OR AFFILIATIONS in the original. The substitute also makes a conforming change. The substitute differs from the original in SECTION 2 to make a conforming change.