EDUCATION CODE
SUBTITLE B. STATE COORDINATION OF HIGHER EDUCATION
CHAPTER 61. TEXAS HIGHER EDUCATION COORDINATING BOARD
SUBCHAPTER A. GENERAL PROVISIONS
§ 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, § 1, eff. Sept.
1, 1971.
§ 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, § 1, eff. Sept.
1, 1971. Amended by Acts 1987, 70th Leg., ch. 823, § 1.01, eff.
June 20, 1987.
§ 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
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 the Commission on Colleges
of the Southern Association of Colleges and Schools or the Liaison
Committee on Medical Education.
(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, § 1, eff. Sept.
1, 1971. Amended by Acts 1973, 63rd Leg., p. 1657, ch. 601, § 3,
eff. June 15, 1973; Acts 1983, 68th Leg., p. 3054, ch. 524, § 4,
eff. Sept. 1, 1983; Acts 1985, 69th Leg., ch. 646, § 1, eff. Aug.
26, 1985; Acts 1987, 70th Leg., ch. 180, § 1, eff. Aug. 31, 1987;
Acts 1987, 70th Leg., ch. 823, § 1.03, eff. June 20, 1987; Acts
1987, 70th Leg., ch. 1070, § 4, eff. May 15, 1988; Acts 1989,
71st Leg., ch. 644, § 1, eff. June 14, 1989; Acts 1989, 71st
Leg., ch. 1084, § 1.32, eff. Sept. 1, 1989; Acts 1991, 72nd
Leg., ch. 287, § 29, eff. Sept. 1, 1991; Acts 1991, 72nd Leg.,
ch. 305, § 2, eff. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 516,
§ 4, eff. Sept. 1, 1993; Acts 1997, 75th Leg., ch. 126, § 2,
eff. May 19, 1997; Acts 1997, 75th Leg., ch. 227, § 4, eff. May
23, 1997; Acts 1999, 76th Leg., ch. 767, § 5, eff. June 18, 1999;
Acts 1999, 76th Leg., ch. 1322, § 1, eff. June 18, 1999; Acts
2003, 78th Leg., ch. 386, § 7, eff. Sept. 1, 2003.
SUBCHAPTER B. ADMINISTRATIVE PROVISIONS
§ 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, § 1, eff. Sept.
1, 1971. Amended by Acts 1987, 70th Leg., ch. 823, § 1.02, eff.
June 20, 1987.
§ 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, § 2.151, eff.
Aug. 29, 1977. Amended by Acts 1985, 69th Leg., ch. 479, § 200,
eff. Sept. 1, 1985; Acts 1987, 70th Leg., ch. 823, § 1.04, eff.
June 20, 1987; Acts 1989, 71st Leg., ch. 1084, § 1.01, eff.
Sept. 1, 1989; Acts 1991, 72nd Leg., 1st C.S., ch. 17, § 6.01,
eff. Nov. 12, 1991; Acts 2003, 78th Leg., ch. 820, § 1, eff.
Sept. 1, 2003.
§ 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, § 1, eff. Sept.
1, 1971. Amended by Acts 2003, 78th Leg., ch. 1170, § 18.01,
eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 820, § 2, eff.
Sept. 1, 2003.
§ 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, § 1.05, eff. June 20,
1987. Amended by Acts 1989, 71st Leg., ch. 1084, § 1.01, eff.
Sept. 1, 1989.
§ 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, § 1.02, eff. Sept. 1,
1989. Amended by Acts 2003, 78th Leg., ch. 820, § 3, eff. Sept.
1, 2003.
§ 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, § 1.03, eff. Sept. 1,
1989. Amended by Acts 2003, 78th Leg., ch. 820, § 4, eff. Sept.
1, 2003.
§ 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, § 5, eff. Sept. 1, 2003.
§ 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, § 1, eff. Sept.
1, 1971.
§ 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, § 1, eff. Sept.
1, 1971.
§ 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) Except as provided by Subsection (e), 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 30 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. The board is not
required to mail an agenda 30 days in advance to the governing
boards and institutions as provided in Subsection (c), for a
meeting to consider a higher education impact statement.
Acts 1971, 62nd Leg., p. 3072, ch. 1024, art. 1, § 1, eff. Sept.
1, 1971. Amended by Acts 1989, 71st Leg., ch. 1084, § 1.04, eff.
Sept. 1, 1989; Acts 1997, 75th Leg., ch. 944, § 2, eff. June 18,
1997.
§ 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, § 1, eff. Sept.
1, 1971.
§ 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, § 1, eff. Sept.
1, 1971. Amended by Acts 1987, 70th Leg., ch. 823, § 1.12, eff.
June 20, 1987; Acts 1995, 74th Leg., ch. 76, § 5.95(49), eff.
Sept. 1, 1995.
§ 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, § 1, eff. Sept.
1, 1971. Amended by Acts 1989, 71st Leg., ch. 1084, § 1.05, eff.
Sept. 1, 1989; Acts 2003, 78th Leg., ch. 820, § 6, eff. Sept. 1,
2003.
§ 61.0281. STATE EMPLOYEE INCENTIVE PROGRAM. The
commissioner of higher education or the commissioner's designee
shall provide to board employees information and training on the
benefits and methods of participation in the state employee
incentive program.
Added by Acts 2003, 78th Leg., ch. 820, § 7, eff. Sept. 1, 2003.
§ 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, § 1.06, eff. Sept. 1,
1989. Amended by Acts 1997, 75th Leg., ch. 1122, § 18(1), eff.
Sept. 1, 1997; Acts 2003, 78th Leg., ch. 820, § 8, eff. Sept. 1,
2003.
§ 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, § 1.07, eff. Sept. 1,
1989.
§ 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, § 1.08, eff. Sept. 1,
1989. Amended by Acts 2003, 78th Leg., ch. 820, § 9, eff. Sept.
1, 2003.
§ 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, § 1, eff. Sept. 1, 1989;
Acts 1989, 71st Leg., ch. 1084, § 1.09, eff. Sept. 1, 1989.
§ 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, § 10, eff. Sept. 1, 2003.
§ 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, § 11, eff. Sept. 1, 2003.
SUBCHAPTER C. POWERS AND DUTIES OF BOARD
§ 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).
(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, § 1, eff. Sept.
1, 1971. Amended by Acts 1975, 64th Leg., p. 2055, ch. 676, § 1,
2, eff. June 20, 1975; Acts 1985, 69th Leg., ch. 646, § 2, eff.
Aug. 26, 1985; Acts 1987, 70th Leg., ch. 823, § 1.06, eff. June
20, 1987; Acts 1989, 71st Leg., ch. 1084, § 1.11, 4.01(1), eff.
Sept. 1, 1989; Acts 1993, 73rd Leg., ch. 668, § 7.01, eff. Sept.
1, 1993; Acts 1997, 75th Leg., ch. 138, § 1, eff. May 19, 1997;
Acts 2001, 77th Leg., ch. 373, § 1, eff. May 25, 2001; Acts 2003,
78th Leg., ch. 818, § 6.03, eff. Sept. 1, 2003; Acts 2003, 78th
Leg., ch. 820, § 12, eff. Sept. 1, 2003.
§ 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, § 1.12, eff. Sept. 1,
1989.
§ 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, § 1.13, eff. Sept. 1,
1989.
§ 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, § 2, eff. Sept. 1, 1993.
§ 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, § 9, eff. June 19, 1999.
§ 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, § 1, eff. Sept.
1, 1971. Amended by Acts 1989, 71st Leg., ch. 1084, § 1.14, eff.
Sept. 1, 1989.
§ 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, § 1, eff. Sept.
1, 1971.
§ 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, § 1, eff. Sept.
1, 1971.
§ 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, § 1, eff. Sept.
1, 1971. Amended by Acts 1993, 73rd Leg., ch. 260, § 11, eff.
Sept. 1, 1993; Acts 2001, 77th Leg., ch. 1447, § 1, eff. June 17,
2001.
§ 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, § 1, eff. Sept.
1, 1971.
§ 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, § 1, eff. Sept.
1, 1971.
§ 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, or 55.1744 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, § 1, eff. Sept.
1, 1971. Amended by Acts 1975, 64th Leg., p. 2056, ch. 676, § 3,
eff. June 20, 1975; Acts 1977, 65th Leg., p. 1133, ch. 425, § 1,
eff. Aug. 29, 1977; Acts 1983, 68th Leg., p. 585, ch. 121, § 1,
eff. Sept. 1, 1983: Acts 1983, 68th Leg., p. 1694, ch. 319, § 1,
eff. June 16, 1983; Acts 1985, 69th Leg., ch. 646, § 3, eff. Aug.
26, 1985. Renumbered from V.T.C.A., Education Code § 61.058(1)
to (7) and amended by Acts 1989, 71st Leg., ch. 1084, § 1.16,
eff. Sept. 1, 1989. Amended by Acts 1993, 73rd Leg., ch. 803, §
5, eff. Sept. 1, 1993; Acts 1997, 75th Leg., ch. 748, § 4, eff.
Sept. 1, 1997; Acts 1997, 75th Leg., ch. 165, § 17.19(7), eff.
Sept. 1, 1997; Acts 2003, 78th Leg., ch. 615, § 5, eff. June 20,
2003; Acts 2003, 78th Leg., ch. 940, § 3, eff. June 20, 2003;
Acts 2003, 78th Leg., ch. 1319, § 3, eff. June 18, 2003.
§ 61.058. NEW CONSTRUCTION AND REPAIR AND
REHABILITATION PROJECTS. (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
$2,000,000, 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 $2,000,000;
(B) the requirement of approval for new
construction applies only to projects the total cost of which is in
excess of $1,000,000;
(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 $2,000,000;
(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, or 55.1744 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.
Acts 1971, 62nd Leg., p. 3072, ch. 1024, art. 1, § 1, eff. Sept.
1, 1971. Amended by Acts 1975, 64th Leg., p. 2056, ch. 676, § 3,
eff. June 20, 1975; Acts 1977, 65th Leg., p. 1133, ch. 425, § 1,
eff. Aug. 29, 1977; Acts 1983, 68th Leg., p. 585, ch. 121, § 1,
eff. Sept. 1, 1983; Acts 1983, 68th Leg., p. 1694, ch. 319, § 1,
eff. June 16, 1983; Acts 1985, 69th Leg., ch. 646, § 3, eff. Aug.
26, 1985; Acts 1987, 70th Leg., ch. 982, § 1, eff. June 19, 1987;
Acts 1989, 71st Leg., ch. 1084, § 1.16, eff. Sept. 1, 1989; Acts
1993, 73rd Leg., ch. 803, § 6, eff. Sept. 1, 1993; Acts 1997,
75th Leg., ch. 748, § 5, eff. Sept. 1, 1997; Acts 1999, 76th
Leg., ch. 229, § 1, eff. May 24, 1999; Acts 2003, 78th Leg., ch.
615, § 6, eff. June 20, 2003; Acts 2003, 78th Leg., ch. 940, §
4, eff. June 20, 2003; Acts 2003, 78th Leg., ch. 1319, § 4, eff.
June 18, 2003.
§ 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, § 2, eff. June 3, 1985.
Renumbered from V.T.C.A., Education Code § 61.075 by Acts 1987,
70th Leg., ch. 167, § 5.01(a)(19) eff. Sept. 1, 1987.
§ 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, § 1.17, eff. Sept. 1,
1989.
§ 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, § 1.18, eff. Sept. 1,
1989. Amended by Acts 1991, 72nd Leg., ch. 287, § 28, eff. Sept.
1, 1991.
§ 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.
Acts 1971, 62nd Leg., p. 3072, ch. 1024, art. 1, § 1, eff. Sept.
1, 1971. Amended by Acts 1985, 69th Leg., ch. 646, § 4, eff. Aug.
26, 1985; Acts 1987, 70th Leg., ch. 823, § 3.01, eff. June 20,
1987; Acts 1989, 71st Leg., ch. 1084, § 1.19, eff. Sept. 1,
1989; Acts 1993, 73rd Leg., ch. 27, § 4, eff. April 13, 1993;
Acts 1995, 74th Leg., ch. 451, § 7, eff. Aug. 28, 1995; Acts
1997, 75th Leg., ch. 231, § 1, eff. Sept. 1, 1997; Acts 1997,
75th Leg., ch. 690, § 2, eff. Sept. 1, 1997; Acts 2003, 78th
Leg., ch. 820, § 13, eff. Sept. 1, 2003.
§ 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, § 3.02, eff. June 20,
1987. Amended by Acts 2001, 77th Leg., ch. 330, § 2, eff. Sept.
1, 2001.
§ 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, § 2, eff. Sept. 1, 1997.
§ 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 45 hours the number of semester
credit hours required for completion of the degree program in which
the student is enrolled.
(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; and
(4) semester credit hours earned by the student at a
private institution or an out-of-state institution.
(e) Subsection (a) does not apply to 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. In the formulas established under Section
61.059, the board shall include funding for those semester credit
hours without consideration of Subsection (a).
Added by Acts 1997, 75th Leg., ch. 1073, § 1.07, eff. Aug. 1,
1997. Amended by Acts 1999, 76th Leg., ch. 6, § 1, eff. April 8,
1999.
§ 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, § 1, eff. Sept.
1, 1971.
§ 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, § 1, eff. Sept.
1, 1971.
§ 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, § 1, eff. Sept.
1, 1971.
§ 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, § 1, eff. Sept.
1, 1971.
§ 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, § 1, eff. June
16, 1973.
§ 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, § 1, eff. Sept.
1, 1971.
§ 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, § 1, eff. Sept.
1, 1971. Amended by Acts 1987, 70th Leg., ch. 823, § 4.02, eff.
June 20, 1987; Acts 1991, 72nd Leg., ch. 599, § 4, eff. Sept. 1,
1991; Acts 2003, 78th Leg., ch. 820, § 14, eff. Sept. 1, 2003.
§ 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, § 4.01, eff. June 20,
1987.
§ 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 study and make findings and
recommendations regarding methods for reducing administrative
burdens and increasing participation in student financial aid
programs to maximize the value of those programs to the state. In
conducting the study, the board shall seek input from financial aid
officers and student groups at institutions of higher education.
Not later than November 1, 2004, the board shall report to the
standing committee of each house of the legislature with primary
jurisdiction over higher education the board's findings and
recommendations for legislative action necessary to consolidate,
expand, or otherwise modify existing student financial aid
programs. This subsection expires January 1, 2005.
Acts 1971, 62nd Leg., p. 3072, ch. 1024, art. 1, § 1, eff. Sept.
1, 1971. Amended by Acts 1975, 64th Leg., p. 252, ch. 101, § 1,
eff. Sept. 1, 1975; Acts 2003, 78th Leg., ch. 820, § 15, eff.
Sept. 1, 2003.
§ 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, § 1, eff. Sept.
1, 1971.
§ 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, § 1, eff. Sept.
1, 1971.
§ 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, § 1, eff. Sept.
1, 1971. Amended by Acts 1989, 71st Leg., ch. 1084, § 1.20, eff.
Sept. 1, 1989.
§ 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, § 3, eff. June
19, 1975.
§ 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, § 1, eff. Aug. 29,
1977. Amended by Acts 1995, 74th Leg., ch. 823, § 7, eff. Aug.
28, 1995.
§ 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, § 1, eff. Aug.
29, 1977.
§ 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, § 1, eff. July 30,
1985.
§ 61.076. COOPERATION BETWEEN STATE AGENCIES OF
EDUCATION. (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 board and
the State Board of Education, in conjunction with such other
agencies as may be appropriate, shall ensure that long-range plans
and educational programs established by the boards complement the
functioning of the entire system of public education, extending
from early childhood education through postgraduate study. In
assuring that plans and programs are coordinated, the boards shall
use the P-16 Council established under Section 61.077.
(b) The P-16 Council shall coordinate plans and programs
of the two boards, 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.
Added by Acts 1989, 71st Leg., ch. 1084, § 1.21, eff. Sept. 1,
1989. Amended by Acts 2003, 78th Leg., ch. 820, § 16, eff. Sept.
1, 2003.
§ 61.077. JOINT ADVISORY COMMITTEE.
Text of section as amended by Acts 2003, 78th Leg., ch. 61, § 8
and Acts 2003, 78th Leg., ch. 818, § 6.04
(a) A joint advisory committee shall advise the Texas
Higher Education Coordinating Board and the State Board of
Education in coordinating 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 those listed
in Section 61.076 of this code. The committee shall be composed of
three members from the State Board of Education appointed by the
chair of the board, three members from the Texas Higher Education
Coordinating Board appointed by the chairman of the board, one
member designated by the presiding officer of the Texas Workforce
Investment Council, and one member representing business
designated by the chair of the Texas Partnership for Economic
Development. A member of the board shall be designated as chairman
of the joint advisory committee by the chairman of the board. The
committee shall hold regular annual meetings as called by the
chairman.
(b) The purposes of this committee shall include the
following:
(1) to advise the two boards on the coordination of
postsecondary career and technology education and the articulation
between postsecondary career and technology education and
secondary career and technology education;
(2) to facilitate 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, Public Law 98-524;
(3) to cooperate with the commissioner of higher
education and 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 such 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 such 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 areas listed in Section 61.076,
school-to-work and school-to-college transition programs, and
professional development activities; and
Text of subsec. (b)(4) as amended by Acts 2003, 78th Leg., ch. 61,
§ 8
(4) to advise the Council on Workforce and Economic
Competitiveness on educational policy issues related to workforce
preparation.
Text of subsec. (b)(4) as amended by Acts 2003, 78th Leg., ch. 818,
§ 6.04
(4) to advise the Texas Workforce Investment
Council on educational policy issues related to workforce
preparation.
Added by Acts 1985, 69th Leg., ch. 646, § 5, eff. Aug. 26, 1985.
Renumbered from V.T.C.A., Education Code § 61.075 by Acts 1987,
70th Leg., ch. 167, § 5.01(a)(19), eff. Sept. 1, 1987. Amended
by Acts 1989, 71st Leg., ch. 531, § 10, eff. June 14, 1989; Acts
1993, 73rd Leg., ch. 668, § 7.02, eff. Sept. 1, 1993; Acts 1995,
74th Leg., ch. 260, § 20, eff. May 30, 1995; Acts 2003, 78th
Leg., ch. 61, § 8, eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch.
818, § 6.04, eff. Sept. 1, 2003.
For text of section as amended by Acts 2003, 78th Leg., ch. 820,
§ 17, see § 61.077, post.
§ 61.077. P-16 COUNCIL.
Text of section as amended by Acts 2003, 78th Leg., ch. 820, § 17
(a) The P-16 Council shall advise the Texas Higher
Education Coordinating Board and the State Board of Education in
coordinating 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 those listed in
Section 61.076.
(b) The council is composed of the commissioner of
education, the commissioner of higher education, the exe
