US Laws, Codes, Statutes & Cases

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).

Text of subsection effective until January 31, 2007
	(a-4)  The board and the Legislative Budget Board jointly 
shall study each reporting requirement imposed on an institution of 
higher education by state law, including by board or other state 
agency rule, to determine if any of those requirements are 
duplicative, inefficient, or unnecessary.  As part of the biennial 
report submitted by the board to the 80th Legislature under 
Subsection (a-3), the board and the Legislative Budget Board 
jointly shall report the results of the study to the legislature.  
The report must include any recommendation of the board and the 
Legislative Budget Board for legislation or administrative action, 
including changes to state agency rules, to consolidate or simplify 
reports, eliminate unnecessary reporting requirements, or make 
other changes to promote efficiency or reduce administrative 
burdens in reporting.  A recommendation under this subsection must 
include an explanation of the basis for the recommendation.  Not 
later than December 1, 2006, the board and the Legislative Budget 
Board shall submit a copy of the report required by this subsection 
to the governor, lieutenant governor, and the speaker of the house 
of representatives.  This subsection expires January 31, 2007.
	(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;  Acts 2005, 79th Leg., 
ch. 354, § 1, eff. June 17, 2005.


	§ 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.          


	§ 61.0515. SEMESTER CREDIT HOURS REQUIRED FOR 
BACCALAUREATE DEGREE.  (a) To earn a baccalaureate degree, a 
student may not be required by a general academic teaching 
institution to complete more than the minimum number of semester 
credit hours required for the degree by the Southern Association of 
Colleges and Schools or its successor unless the institution 
determines that there is a compelling academic reason for requiring 
completion of additional semester credit hours for the degree.
	(b)  The board may review one or more of an institution's 
baccalaureate degree programs to ensure compliance with this 
section.
	(c)  Subsection (a) does not apply to a baccalaureate degree 
awarded by an institution to a student enrolled in the institution 
before the 2008 fall semester.  This subsection does not prohibit 
the institution from reducing the number of semester credit hours 
the student must complete to receive the degree.

Added by Acts 2005, 79th Leg., ch. 1230, § 12, eff. June 18, 
2005.       


	§ 61.0516. ELECTRONIC SYSTEM TO MONITOR TUITION 
EXEMPTIONS FOR VETERANS AND DEPENDENTS.  The board shall develop a 
system to electronically monitor the use of tuition exemptions 
under Section 54.203.  The system must allow the board to 
electronically receive, for each semester, the following 
information from institutions of higher education:
		(1)  the name of the institution;                                             
		(2)  the name, identification number, and date of birth 
of each individual attending the institution and receiving benefits 
for the semester under Section 54.203;
		(3)  for each individual receiving benefits, the number 
of credit hours for which the individual received an exemption for 
the semester;
		(4)  for each individual receiving benefits at the 
institution during the semester, the total cumulative number of 
credit hours for which the individual has received an exemption at 
the institution;  and
		(5)  any other information required by the board.                             

Added by Acts 2005, 79th Leg., ch. 7, § 2, eff. May 3, 2005.               


	§ 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 30 hours the number of semester 
credit hours required for completion of the degree program or 
programs in which the student is enrolled, including minors and 
double majors, and for completion of any certificate or other 
special program in which the student is also enrolled, including a 
program with a study-abroad component.
	(b)  For purposes of Subsection (a), an undergraduate 
student who is not enrolled in a degree program is considered to be 
enrolled in a degree program requiring a minimum of 120 semester 
credit hours.
	(c)  For a student enrolled in a baccalaureate program under 
Section 51.931, semester credit hours earned by the student 10 or 
more years before the date the student begins the new degree program 
under Section 51.931 are not counted for purposes of determining 
whether the student has previously earned the number of semester 
credit hours specified by Subsection (a).
	(d)  The following are not counted for purposes of 
determining whether the student has previously earned the number of 
semester credit hours specified by Subsection (a):
		(1)  semester credit hours earned by the student before 
receiving a baccalaureate degree that has previously been awarded 
to the student;
		(2)  semester credit hours earned by the student by 
examination or under any other procedure by which credit is earned 
without registering for a course for which tuition is charged;
		(3)  credit for a remedial education course, a 
technical course, a workforce education course funded according to 
contact hours, or another course that does not count toward a degree 
program at the institution;  and
		(4)  semester credit hours earned by the student at a 
private institution or an out-of-state institution.
	(e)  Subsection (a) applies only to funding for semester 
credit hours earned by a student who initially enrolled as an 
undergraduate student in any institution of higher education during 
or after the 1999 fall semester, except that with respect to 
semester credit hours earned by a student who initially enrolls as 
an undergraduate student in any institution of higher education 
before the 2006 fall semester, the board may not reduce funding 
under this section until the number of semester credit hours 
previously attempted by the student as described by this section 
exceeds the number of semester credit hours required for the 
student's degree program by at least 45 hours.
	(f)  In the formulas established under Section 61.059, the 
board shall include without consideration of Subsection (a) funding 
for semester credit hours earned by a student who initially 
enrolled as an undergraduate student in any institution of higher 
education before the 1999 fall semester.
	(g)  To the extent practicable, the savings to the state 
resulting from the exclusion of funding for excess undergraduate 
semester credit hours from the funding formulas of the board as 
required by this section shall be used to finance the Toward 
EXcellence, Access, & Success (TEXAS) grant program under 
Subchapter M, Chapter 56.

Added by Acts 1997, 75th Leg., ch. 1073, § 1.07, eff. Aug. 1, 
1997.  Amended by Acts 1999, 76th Leg., ch. 6, § 1, eff. April 8, 
1999;  Acts 2005, 79th Leg., ch. 1230, § 13, eff. June 18, 2005.


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

Acts 1971, 62nd Leg., p. 3072, ch. 1024, art. 1, § 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;  Acts 2005, 79th Leg., ch. 1181, § 47, eff. Sept. 
1, 2005.


	§ 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.


	§ 61.070. PILOT PROJECT TO AWARD INCENTIVES TO STUDENTS 
CONTRACTING TO GRADUATE IN A TIMELY MANNER.  

Text of section effective until August 31, 2014
	(a)  The board shall establish a pilot project under which 
each institution of higher education participating in the project 
awards incentives to students who contract to graduate from the 
institution in a timely manner and fulfill all other terms of the 
contract.  The board shall select institutions of higher education 
to participate in the pilot project from among institutions that 
apply to participate in the manner prescribed by board rule.  An 
institution of higher education may apply to participate on behalf 
of a specific degree program, department, college, or school of the 
institution.
	(b)  On written request of an undergraduate student, the 
governing board of an institution of higher education participating 
in the pilot project shall enter into a contract with the student to 
award the student an incentive authorized under board rule if the 
student satisfies the requirement of timely graduation and other 
requirements established by the institution under the contract.  A 
student is not required to enter into a contract under this section.
	(c)  A student may not request an institution of higher 
education to enter into a contract under this section after the end 
of the student's first academic year at the institution.  Each 
institution participating in the pilot project that offers an 
undergraduate degree program shall notify each entering 
undergraduate student of the provisions of this section not later 
than the sixth week of the student's first semester or term.
	(d)  Each contract under this section:                                         
		(1)  must require a student entering into the contract 
to:                  
			(A)  earn at least 30 required or elective credit 
hours each academic year;
			(B)  maintain good academic standing as 
prescribed in the contract;        
			(C)  in consultation with the student's academic 
advisor, select a degree program not later than the end of the 
student's first academic year at the institution, in the case of a 
student enrolled in a general academic teaching institution;  and
			(D)  earn, as prescribed by the institution in the 
contract, additional credit hours during one or more regular 
semesters or summer sessions if the student's degree program 
requires more than 120 credit hours for a bachelor's degree or more 
than 60 credit hours for an associate degree;  and
		(2)  may require a student entering into the contract 
to enroll in any specified courses or types of courses prescribed by 
the degree program selected as specified in Subdivision (1)(C).
	(e)  In addition to the provisions required or authorized 
under Subsection (d), the institution of higher education offering 
a contract under this section or the board may provide for any other 
reasonable provision to be included in a contract under this 
section.
	(f)  A student who has entered into and satisfies the 
requirements of a contract under this section and who submits an 
application that is approved as described by Subsection (i) is 
entitled to an incentive under this section.
	(g)  If a contract under this section includes the provision 
described by Subsection (d)(2), the contract must require the 
institution of higher education to select one of the following 
actions to take if a course required for the student's degree 
program is unavailable to the student in the sequence required by 
the degree program selected as specified in Subsection (d)(1)(C):
		(1)  permanently waive the student's required 
enrollment in that course;    
		(2)  allow the student at that time to satisfy the 
course requirement by selecting for the student and substituting:
			(A)  a different course that the student is 
eligible to take and that is available to the student;  or
			(B)  an independent study assignment;  or                                    
		(3)  provide for the payment of the student's 
designated tuition and required fees for the course at the 
institution.
	(h)  An institution of higher education required to select an 
option under Subsection (g) may select an option under Subsection 
(g)(1) or (2) only if the institution determines that such a 
selection will not negatively affect the quality of the student's 
degree program or result in the institution's noncompliance with 
applicable accreditation standards.
	(i)  A student who enters into a contract under this section 
must apply for an incentive under Subsection (f) in the manner 
provided by the governing board of the institution of higher 
education awarding the incentive.  The governing board shall 
require an applicant for an incentive to submit satisfactory 
evidence that the applicant is entitled to the incentive.
	(j)  An institution of higher education may not contract 
under this section with a student who transfers to the institution 
from another public or private institution of higher education.  A 
student's transfer from one institution of higher education to 
another voids a contract entered into by the student under this 
section with the prior institution.
	(k)  This section does not apply to a student seeking a 
certificate at a public junior college.
	(l)  In consultation with institutions of higher education, 
the board shall adopt rules consistent with this section as 
necessary to implement this section, including rules establishing 
the manner in which an institution of higher education must apply to 
participate in the pilot project, rules concerning the types of 
incentives that an institution may award under this section, and 
rules allowing an otherwise qualified student to receive an 
incentive under this section if the student is unable to satisfy a 
requirement for the incentive solely as a result of a hardship or 
other good cause.  In adopting rules concerning the types of 
incentives that may be awarded, the board shall authorize 
incentives such as free membership in an institution's alumni 
organization or free tickets to one or more athletic events.
	(m)  Not later than December 31, 2007, and not later than 
December 31 of each year after 2007, the board shall submit a report 
to the legislature on the level of participation in the pilot 
project under this section and on the effectiveness of project 
contracts in encouraging students to graduate from institutions of 
higher education in a timely manner.
	(n)  A student may not enter into a contract under this 
section after the end of the 2009-2010 academic year.  This section 
expires August 31, 2014.

Added by Acts 2005, 79th Leg., ch. 781, § 1, eff. June 17, 2005.           


	§ 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. P-16 COUNCIL.  (a) It is the policy of the State 
of Texas that the entire system of education supported with public 
funds be coordinated to provide the citizens with efficient, 
effective, and high quality educational services and activities.  
The P-16 Council, in conjunction with other agencies as may be 
appropriate, shall ensure that long-range plans and educational 
programs for the state complement the functioning of the entire 
system of public education, extending from early childhood 
education through postgraduate study.
	(b)  The P-16 Council is composed of the commissioner of 
education, the commissioner of higher education, the executive 
director of the Texas Workforce Commission, the executive director 
of the State Board for Educator Certification, and the commissioner 
of assistive and rehabilitative services.  The commissioner of 
higher education and the commissioner of education shall serve as 
co-chairs of the council.
	(c)  The co-chairs may appoint three additional members who 
are education professionals, agency representatives, business 
representatives, or other members of the community.  Members 
appointed to the council under this subsection serve two-year terms 
expiring February 1 of each odd-numbered year.
	(d)  The council shall meet at least once each calendar 
quarter and may hold other meetings as necessary at the call of the 
co-chairs.  Each member of the council or the member's designee 
shall make a report of the council's activities at least twice 
annually to the governing body of the member's agency, except that 
the commissioner of education or that commissioner's designee shall 
report to the State Board of Education and the commissioner of 
assistive and rehabilitative services or that commissioner's 
designee shall report to the executive commissioner of the Health 
and Human Services Commission.
	(e)  The council shall coordinate plans and programs, 
including curricula, instructional programs, research, and other 
functions as appropriate.  This coordination shall include the 
following areas:
		(1)  equal educational opportunity for all Texans;                            
		(2)  college recruitment, with special emphasis on the 
recruitment of minority students;
		(3)  preparation of high school students for further 
study at colleges and universities;
		(4)  reduction of the dropout rate and dropout 
prevention;                  
		(5)  teacher education, recruitment, and retention;                           
		(6)  testing and assessment;  and                                             
		(7)  adult education programs.                                                
	(f)  The council shall examine and make recommendations 
regarding the alignment of secondary and postsecondary education 
curricula and testing and assessment.  This subsection does not 
require the council to establish curriculum or testing or 
assessment standards.
	(g)  The council shall advise the board and the State Board 
of Education on the coordination of postsecondary career and 
technology activities, career and technology teacher education 
programs offered or proposed to be offered in the colleges and 
universities of this state, and other relevant matters, including:
		(1)  coordinating postsecondary career and technology 
education and the articulation between postsecondary career and 
technology education and secondary career and technology 
education;
		(2)  facilitating the transfer of responsibilities for 
the administration of postsecondary career and technology 
education from the State Board of Education to the board in 
accordance with Section 111(a)(I) of the Carl D. Perkins Vocational 
Education Act (Pub. L. No. 98-524);
		(3)  advising the State Board of Education, when it 
acts as the State Board for Career and Technology Education, on the 
following:
			(A)  the transfer of federal funds to the board 
for allotment to eligible public postsecondary institutions of 
higher education;
			(B)  the career and technology education funding 
for projects and institutions as determined by the board when the 
State Board for Career and Technology Education is required by 
federal law to endorse those determinations;
			(C)  the development and updating of the state 
plan for career and technology education and the evaluation of 
programs, services, and activities of postsecondary career and 
technology education and amendments to the state plan for career 
and technology education as may relate to postsecondary education;
			(D)  other matters related to postsecondary 
career and technology education;  and
			(E)  the coordination of curricula, instructional 
programs, research, and other functions as appropriate, including 
school-to-work and school-to-college transition programs and 
professional development activities;  and
		(4)  advising the Texas Workforce Investment Council on 
educational policy issues related to workforce preparation.

Text of subsection effective until January 2, 2007
	(h)  On or before January 1, 2007, the P-16 Council shall:                     
		(1)  review existing school district programs that 
provide high school students with the opportunity to enroll in 
advanced academic courses offered through dual credit and 
concurrent enrollment programs, including reviewing courses 
currently approved by districts and offered by institutions of 
higher education for dual and concurrent enrollment credit;
		(2)  review the high school curriculum required for the 
recommended high school program under Section 28.025 and study the 
feasibility of offering a revised curriculum that would provide 
graduating high school students with at least 12 hours of advanced 
academic courses or college-level coursework offered through dual 
credit and concurrent enrollment programs provided under 
agreements between high schools and institutions of higher 
education;  and
		(3)  prepare and deliver a report based on the review 
and study to the governor, the lieutenant governor, the speaker of 
the house of representatives, and the presiding officer of the 
standing committee of each house of the legislature with primary 
jurisdiction over public education.

Text of subsection effective until January 2, 2007
	(i)  Subsection (h) and this subsection expire January 2, 
2007.              

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;  Acts 2005, 79th Leg., ch. 1140, § 1, eff. Sept. 1, 2005.


	§ 61.077. P-16 COUNCIL.  (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.  The council, in conjunction with 
the State Center for Early Childhood Development, shall also 
develop and adopt a school readiness certification system as 
required by Section 29.161.
	(b), (c) Repealed by Acts 2005, 79th Leg., ch. 1140, § 
2(a).              

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;  Acts 2003, 78th Leg., ch. 820, 
§ 17, eff. Sept. 1, 2003; Acts 2005, 79th Leg., ch. 275, § 4, 
eff. Sept. 1, 2005;  Acts 2005, 79th Leg., ch. 1140, § 2(a), eff. 
Sept. 1, 2005.


	§ 61.0771. DISTANCE LEARNING MASTER PLAN.  (a) The board, 
in cooperation with institutions of higher education, shall develop 
a master plan for the development of distance learning and other 
applications of instructional electronic technology by 
institutions of higher education and as necessary may revise the 
plan.  The plan shall include recommendations for:
		(1)  the coordination and integration of distance 
learning and related telecommunications activities among 
institutions of higher education and other public or private 
entities to achieve optimum efficiency and effectiveness in 
providing necessary services, including identification of the 
costs and any cost savings to be achieved by the use of distance 
learning and related activities such as teleconferencing or sharing 
resources by telecommunications;
		(2)  the development and acquisition of distance 
learning infrastructure and equipment, including its functions and 
capabilities, within and among institutions of higher education 
consistent with the missions of those institutions and the 
recipients of their services;
		(3)  the establishment of uniform or compatible 
standards and technologies for distance learning;
		(4)  the training of faculty and staff in the use and 
operation of distance learning facilities;
		(5)  appropriate applications of distance learning, 
including the identification of the needs of the student 
populations to be served;
		(6)  policies relating to the funding for 
implementation and administering of distance learning, including 
interinstitutional funds transfers among institutions providing 
and receiving distance learning services and formula funding 
allocations, and recommendations for the appropriate fees for 
services offered through distance learning;
		(7)  revising regulatory policy relating to public 
utilities to facili