Bill Text: TX HB8 | 2023-2024 | 88th Legislature | Engrossed
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to public higher education, including the public junior college state finance program.
Spectrum: Bipartisan Bill
Status: (Passed) 2023-06-09 - See remarks for effective date [HB8 Detail]
Download: Texas-2023-HB8-Engrossed.html
Bill Title: Relating to public higher education, including the public junior college state finance program.
Spectrum: Bipartisan Bill
Status: (Passed) 2023-06-09 - See remarks for effective date [HB8 Detail]
Download: Texas-2023-HB8-Engrossed.html
88R18694 KJE-F | ||
By: VanDeaver, Kuempel, Buckley, Bonnen, | H.B. No. 8 | |
Longoria, et al. |
|
||
|
||
relating to the administration, coordination, and support of public | ||
higher education, including the public junior college state finance | ||
program and a Financial Aid for Swift Transfer (FAST) program to | ||
enable certain students to enroll at no cost to the student in dual | ||
credit courses offered by certain public institutions of higher | ||
education. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 28.009(b-2), Education Code, is amended | ||
to read as follows: | ||
(b-2) Any agreement, including a memorandum of | ||
understanding or articulation agreement, between a school district | ||
and public institution of higher education to provide a dual credit | ||
program described by Subsection (b-1) must: | ||
(1) include specific program goals aligned with the | ||
statewide goals developed under Subsection (b-1); | ||
(2) establish common advising strategies and | ||
terminology related to dual credit and college readiness; | ||
(3) provide for the alignment of endorsements | ||
described by Section 28.025(c-1) offered by the district, and dual | ||
credit courses offered under the agreement that apply towards those | ||
endorsements, with postsecondary pathways and credentials at the | ||
institution and industry certifications; | ||
(4) identify tools, including tools developed by the | ||
agency, the Texas Higher Education Coordinating Board, or the Texas | ||
Workforce Commission, to assist school counselors, students, and | ||
families in selecting endorsements offered by the district and dual | ||
credit courses offered under the agreement; | ||
(5) establish, or provide a procedure for | ||
establishing, the course credits that may be earned under the | ||
agreement, including by developing a course equivalency crosswalk | ||
or other method for equating high school courses with college | ||
courses and identifying the number of credits that may be earned for | ||
each course completed through the program; | ||
(6) describe the academic supports and, if applicable, | ||
guidance that will be provided to students participating in the | ||
program; | ||
(7) establish the district's and the institution's | ||
respective roles and responsibilities in providing the program and | ||
ensuring the quality and instructional rigor of the program; | ||
(8) state the sources of funding for courses offered | ||
under the program, including, at a minimum, the sources of funding | ||
for tuition, transportation, and any required fees or textbooks for | ||
students participating in the program; | ||
(9) require the district and the institution to | ||
consider the use of free or low-cost open educational resources in | ||
courses offered under the program; | ||
(10) ensure the accurate and timely exchange of | ||
information necessary for an eligible student to enroll at no cost | ||
to the student in a dual credit course as provided by Section | ||
28.0095; | ||
(11) be posted each year on the district's and the | ||
institution's respective Internet websites; and | ||
(12) [ |
||
district or institution as responsible for providing academic | ||
advising to a student who enrolls in a dual credit course under the | ||
program before the student begins the course. | ||
SECTION 2. Subchapter A, Chapter 28, Education Code, is | ||
amended by adding Section 28.0095 to read as follows: | ||
Sec. 28.0095. FINANCIAL AID FOR SWIFT TRANSFER (FAST) | ||
PROGRAM. (a) In this section: | ||
(1) "Charter school" means a charter school operating | ||
under Chapter 12. | ||
(2) "Coordinating board" means the Texas Higher | ||
Education Coordinating Board. | ||
(3) "Dual credit course" includes a course offered for | ||
joint high school and junior college credit under Section 130.008 | ||
or another course offered by an institution of higher education for | ||
which a high school student may earn credit toward satisfaction of: | ||
(A) a requirement necessary to obtain an | ||
industry-recognized credential or certificate or an associate | ||
degree; | ||
(B) a foreign language requirement at an | ||
institution of higher education; | ||
(C) a requirement in the core curriculum, as that | ||
term is defined by Section 61.821, at an institution of higher | ||
education; or | ||
(D) a requirement in a field of study curriculum | ||
developed by the coordinating board under Section 61.823. | ||
(4) "Institution of higher education" has the meaning | ||
assigned by Section 61.003. | ||
(b) The agency and the coordinating board shall jointly | ||
establish the Financial Aid for Swift Transfer (FAST) program to | ||
allow eligible students to enroll at no cost to the student in dual | ||
credit courses at participating institutions of higher education. | ||
(c) A student is eligible to enroll at no cost to the student | ||
in a dual credit course under the program if the student: | ||
(1) is enrolled: | ||
(A) in high school in a school district or | ||
charter school; and | ||
(B) in a dual credit course at a participating | ||
institution of higher education; and | ||
(2) was educationally disadvantaged at any time during | ||
the four school years preceding the student's enrollment in the | ||
dual credit course described by Subdivision (1)(B). | ||
(d) An institution of higher education is eligible to | ||
participate in the program only if the institution charges for each | ||
dual credit course offered by the institution an amount of tuition | ||
that does not exceed the amount prescribed by coordinating board | ||
rule. | ||
(e) Each school district or charter school shall: | ||
(1) on a high school student's enrollment in a dual | ||
credit course, determine whether the student meets the criteria for | ||
the program under Subsection (c)(2); and | ||
(2) notify the institution of higher education that | ||
offers the dual credit course in which the student is enrolled of | ||
the district's or school's determination under Subdivision (1). | ||
(f) A school district or charter school may make the | ||
determination under Subsection (e)(1) based on the district's or | ||
school's records, the agency's records, or any other method | ||
authorized by commissioner rule. If the district or school bases | ||
the determination on a method other than the agency's records, the | ||
district or school shall report the method used and the data on | ||
which the method is based to the agency for purposes of | ||
verification. | ||
(g) On receipt of notice under Subsection (e)(2), a | ||
participating institution of higher education shall certify to the | ||
agency and the coordinating board the student's eligibility for the | ||
program. | ||
(h) The coordinating board shall distribute money | ||
transferred to the coordinating board under Section 48.308 to the | ||
participating institutions of higher education in proportion to the | ||
number of dual credit courses in which eligible students are | ||
enrolled at the institution. | ||
(i) The commissioner and the commissioner of higher | ||
education shall coordinate as necessary to: | ||
(1) confirm an eligible student's enrollment in a | ||
participating institution of higher education; and | ||
(2) obtain or share data necessary to verify a | ||
student's eligibility under Subsection (c)(2). | ||
(j) The commissioner and the coordinating board shall adopt | ||
rules as necessary to implement this section. | ||
SECTION 3. Section 28.010(a), Education Code, is amended to | ||
read as follows: | ||
(a) Each school year, a school district shall notify the | ||
parent of each district student enrolled in grade nine or above of: | ||
(1) the availability of: | ||
(A) programs in the district under which a | ||
student may earn college credit, including advanced placement | ||
programs, dual credit programs, joint high school and college | ||
credit programs, and international baccalaureate programs; | ||
(B) career and technology education programs or | ||
other work-based education programs in the district, including any | ||
internship, externship, or apprenticeship programs or a P-TECH | ||
program under Subchapter N, Chapter 29; [ |
||
(C) subsidies based on financial need available | ||
for fees paid to take college advanced placement tests or | ||
international baccalaureate examinations under Section 28.054; and | ||
(D) funding for enrollment in dual credit courses | ||
under Section 28.0095; and | ||
(2) the qualifications for: | ||
(A) enrolling in programs described by | ||
Subdivision (1)(A) or (B); or | ||
(B) funding described by Subdivision (1)(D). | ||
SECTION 4. Subchapter G, Chapter 48, Education Code, is | ||
amended by adding Section 48.308 to read as follows: | ||
Sec. 48.308. ALLOTMENT FOR FINANCIAL AID FOR SWIFT TRANSFER | ||
(FAST) PROGRAM. (a) In this section: | ||
(1) "Coordinating board" means the Texas Higher | ||
Education Coordinating Board. | ||
(2) "FAST program" means the Financial Aid for Swift | ||
Transfer (FAST) program under Section 28.0095. | ||
(b) An institution of higher education participating in the | ||
FAST program is entitled to an allotment in an amount equal to the | ||
amount of tuition set by coordinating board rule under Section | ||
28.0095(d) for each dual credit course in which a student eligible | ||
to participate in the FAST program is enrolled at the institution. | ||
(c) The agency shall transfer the amount appropriated to the | ||
agency for purposes of this section to the coordinating board for | ||
distribution in accordance with Section 28.0095(h). | ||
(d) The agency and the coordinating board shall coordinate | ||
as necessary to implement this section. | ||
(e) It is the intent of the legislature that the state | ||
ensure ongoing funding for the FAST program as an allotment under | ||
the Foundation School Program. | ||
SECTION 5. Section 51.907, Education Code, is amended by | ||
adding Subsections (c-1) and (c-2) to read as follows: | ||
(c-1) An institution of higher education may not count | ||
toward the number of courses permitted to be dropped under | ||
Subsection (c) or a policy adopted under Subsection (d) a course | ||
that a student dropped while enrolled in a baccalaureate degree | ||
program previously earned by the student. | ||
(c-2) An institution of higher education may not count | ||
toward the number of courses permitted to be dropped under | ||
Subsection (c) or a policy adopted under Subsection (d) a dual | ||
credit course that a student dropped before graduating from high | ||
school. | ||
SECTION 6. Section 54.3531(b), Education Code, is amended | ||
to read as follows: | ||
(b) Notwithstanding Subsection (a), a student may not | ||
receive an exemption under this section for any course if the | ||
student 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 in excess of | ||
the maximum number of those hours specified by Section 61.0595(a) | ||
as eligible for funding under the formulas established under | ||
Section 61.059 or Chapter 130A. | ||
SECTION 7. Section 61.003(2), Education Code, is amended to | ||
read as follows: | ||
(2) "Public junior college" means any junior college | ||
listed as a public junior college [ |
||
accordance with Section 61.063 [ |
||
SECTION 8. Section 61.051, Education Code, is amended by | ||
adding Subsection (b) to read as follows: | ||
(b) The board may participate in the establishment and | ||
operation of an affiliated nonprofit organization whose purpose is | ||
to raise money for or provide services or other benefits to the | ||
board. | ||
SECTION 9. Section 61.0571, Education Code, is amended by | ||
adding Subsections (c), (d), (e), and (f) to read as follows: | ||
(c) The board may provide administrative support and | ||
services to institutions of higher education as necessary to | ||
implement this chapter, Chapter 130, or Chapter 130A. | ||
(d) The board may establish an institutional collaboration | ||
center within the board to support the implementation of Chapter | ||
130A and the efficient and effective operations of institutions of | ||
higher education. | ||
(e) From money appropriated or otherwise available for the | ||
purpose, the board may procure goods and services for the direct | ||
benefit of an institution of higher education and enter into an | ||
interagency contract under Chapter 771, Government Code, with the | ||
institution to reimburse the board for the cost of the goods and | ||
services. | ||
(f) An affiliated nonprofit organization described by | ||
Section 61.051(b) may accept gifts, grants, or donations from any | ||
public or private source to pay for goods or services procured for | ||
the direct benefit of an institution of higher education under | ||
Subsection (e). | ||
SECTION 10. Section 61.059, Education Code, is amended by | ||
amending Subsections (b), (b-1), and (r) and adding Subsection (s) | ||
to read as follows: | ||
(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 [ |
||
than public junior colleges funded under Chapter 130A[ |
||
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 those 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. | ||
(b-1) A committee under Subsection (b) must be composed of | ||
representatives of a cross-section of institutions representing | ||
each of the institutional groupings under the board's | ||
accountability system, other than public junior colleges funded | ||
under Chapter 130A. The commissioner of higher education shall | ||
solicit recommendations for the committee's membership from the | ||
chancellor of each university system and from the president of each | ||
institution of higher education that is not a component of a | ||
university system. The chancellor of a university system may | ||
[ |
||
representative for each institutional grouping to which a component | ||
of the university system is assigned. The president of an | ||
institution of higher education that is not a component of a | ||
university system may [ |
||
least one institutional representative for the institutional | ||
grouping to which the institution is assigned. | ||
(r) The board shall exclude contact hours or semester credit | ||
hours related to a course for which a student is generating formula | ||
funding for the third time from the contact hours or semester credit | ||
hours reported to the Legislative Budget Board for formula funding | ||
purposes. | ||
(s) Notwithstanding any other law, the board may not exclude | ||
from the number of semester credit hours reported [ |
||
Chapter 130A semester credit hours for any course taken up to three | ||
times by a student who: | ||
(1) has reenrolled at an institution of higher | ||
education following a break in enrollment from the institution or | ||
another institution of higher education covering the 24-month | ||
period preceding the first class day of the initial semester or | ||
other academic term of the student's reenrollment; and | ||
(2) successfully completed at least 50 semester credit | ||
hours of course work at an institution of higher education before | ||
that break in enrollment. | ||
SECTION 11. Sections 61.0595(a), (d), and (f), Education | ||
Code, are amended to read as follows: | ||
(a) In the formulas established under Section 61.059 or | ||
Chapter 130A, 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 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, by at least: | ||
(1) for an associate degree program, 15 hours; or | ||
(2) for a baccalaureate degree program, 30 hours. | ||
(d) The following are not counted for purposes of | ||
determining whether the student has previously earned the number of | ||
semester credit hours specified by Subsection (a): | ||
(1) semester credit hours earned by the student before | ||
receiving a baccalaureate degree that has previously been awarded | ||
to the student; | ||
(2) semester credit hours earned by the student by | ||
examination or under any other procedure by which credit is earned | ||
without registering for a course for which tuition is charged; | ||
(3) credit for a remedial education course, a | ||
technical course, a workforce education course funded according to | ||
contact hours, or another course that does not count toward a degree | ||
program at the institution; | ||
(4) semester credit hours earned by the student at a | ||
private institution or an out-of-state institution; | ||
(5) semester credit hours earned by the student before | ||
graduating from high school and used to satisfy high school | ||
graduation requirements; [ |
||
(6) the first additional 15 semester credit hours | ||
earned toward a degree program by a student who: | ||
(A) has reenrolled at an institution of higher | ||
education following a break in enrollment from the institution or | ||
another institution of higher education covering the 24-month | ||
period preceding the first class day of the initial semester or | ||
other academic term of the student's reenrollment; and | ||
(B) successfully completed at least 50 semester | ||
credit hours of course work at an institution of higher education | ||
before that break in enrollment; and | ||
(7) semester credit hours earned by the student before | ||
receiving an associate degree that has been previously awarded to | ||
the student. | ||
(f) In the formulas established under Section 61.059 or | ||
Chapter 130A, 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. | ||
SECTION 12. Section 61.063, Education Code, is amended to | ||
read as follows: | ||
Sec. 61.063. LISTING [ |
||
COLLEGES; ELIGIBILITY FOR STATE APPROPRIATIONS. (a) The | ||
commissioner of higher education shall file with the [ |
||
comptroller and the state auditor on or before September [ |
||
1 of each year a list of each [ |
||
in this state that has certified to the board under Section 130.003 | ||
that the college is in compliance with the requirements of | ||
Subsection (b) of that section. [ |
||
(b) Only a public junior college included on the list under | ||
Subsection (a) is [ |
||
eligible for and may receive money appropriated [ |
||
SECTION 13. Section 61.882(d), Education Code, is amended | ||
to read as follows: | ||
(d) In awarding grants under this subchapter, the board: | ||
(1) shall, to the greatest extent practicable: | ||
(A) award grants to at least one eligible entity | ||
in each region of the state; and | ||
(B) ensure that each training program: | ||
(i) matches regional workforce needs; | ||
(ii) is supported by a labor market | ||
analysis of job postings and employers hiring roles with the skills | ||
developed by the program; and | ||
(iii) does not duplicate existing program | ||
offerings except as necessary to accommodate regional demand; and | ||
(2) may give preference to applicants that: | ||
(A) represent a consortium of lower-division | ||
institutions of higher education; | ||
(B) prioritize training to displaced workers; | ||
(C) offer affordable training programs to | ||
students; or | ||
(D) partner with employers, local chambers of | ||
commerce, trade associations, economic development corporations, | ||
and local workforce boards to analyze job postings and identify | ||
employers hiring roles with the skills developed by the training | ||
programs. | ||
SECTION 14. Section 130.001(b), Education Code, is amended | ||
to read as follows: | ||
(b) The coordinating board shall have the responsibility | ||
for adopting policies, enacting regulations, and establishing | ||
general rules necessary for carrying out the duties with respect to | ||
public junior colleges as prescribed by the legislature, and with | ||
the advice and assistance of the commissioner of higher education, | ||
shall have authority to: | ||
(1) authorize the creation of public junior college | ||
districts as provided in the statutes, giving 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; | ||
(2) dissolve any public junior college district which | ||
has failed to establish and maintain a junior college within three | ||
years from the date of its authorization; | ||
(3) adopt standards for the operation of public junior | ||
colleges and prescribe the rules and regulations for such colleges; | ||
(4) require of each public junior college such reports | ||
as deemed necessary in accordance with the coordinating board's | ||
rules and regulations; and | ||
(5) establish a standing advisory committee | ||
[ |
||
colleges [ |
||
counsel to the coordinating board with respect to the funding of | ||
public junior colleges necessary to carry out this chapter and | ||
Chapter 130A. | ||
SECTION 15. Sections 130.003(a), (b), (e), and (f), | ||
Education Code, are amended to read as follows: | ||
(a) There shall be appropriated biennially from money in the | ||
state treasury not otherwise appropriated an amount sufficient to | ||
supplement local funds for the proper support, maintenance, | ||
operation, and improvement of those public junior colleges of Texas | ||
that meet the standards prescribed by this chapter. The sum shall | ||
be allocated in accordance with Chapter 130A [ |
||
(b) To be eligible for and to receive money appropriated | ||
under Subsection (a) [ |
||
a public junior college must certify to the coordinating board, in | ||
the manner prescribed by coordinating board rule, that the college: | ||
(1) offers [ |
||
[ |
||
vocational and/or terminal courses; | ||
(2) collects [ |
||
[ |
||
student enrolled, tuition [ |
||
in the amounts required by law or in the amounts set by the | ||
governing board of the junior college district as authorized by | ||
this title; | ||
(3) grants [ |
||
the scholarships and tuition exemptions provided for in this code; | ||
(4) [ |
||
[ |
||
after September 1, 1986, levies and collects [ |
||
valorem taxes as provided by law for the operation and maintenance | ||
of the [ |
||
(5) has complied with all laws and coordinating board | ||
rules for the establishment and operation of a public junior | ||
college. | ||
(e) The primary purpose of each public junior [ |
||
college shall be to provide: | ||
(1) technical programs up to two years in length | ||
leading to associate degrees or certificates; | ||
(2) vocational programs leading directly to | ||
employment in semi-skilled and skilled occupations; | ||
(3) [ |
||
curriculum or a field of study curriculum, as those terms are | ||
defined by Section 61.821 [ |
||
(4) continuing adult education programs for | ||
occupational or cultural upgrading; | ||
(5) compensatory education programs designed to | ||
fulfill the commitment of an admissions policy allowing the | ||
enrollment of disadvantaged students; | ||
(6) a continuing program of counseling and guidance | ||
designed to assist students in achieving their individual | ||
educational goals; | ||
(7) work force development programs designed to meet | ||
local and statewide needs; | ||
(8) adult literacy and other basic skills programs for | ||
adults; and | ||
(9) such other purposes as may be prescribed by the | ||
coordinating board [ |
||
local governing boards in the best interest of post-secondary | ||
education in this state [ |
||
(f) This section does not affect the application of [ |
||
SECTION 16. Section 130.0031, Education Code, is amended to | ||
read as follows: | ||
Sec. 130.0031. TRANSFERS: WHEN MADE. (a) In consultation | ||
with the advisory committee established under Section | ||
130.001(b)(5), the Texas Higher Education Coordinating Board by | ||
rule shall adopt a payment schedule by which money appropriated to | ||
junior college districts under this chapter and Chapter 130A is | ||
distributed to those districts [ |
||
[ |
||
[ |
||
(b) The Texas Higher Education Coordinating Board may | ||
modify the [ |
||
[ |
||
[ |
||
[ |
||
[ |
||
[ |
||
[ |
||
payment schedule adopted under Subsection (a) [ |
||
General Appropriations Act, or coordinating board rule: | ||
(1) provide the junior college district with the | ||
proper amount to which the junior college district may be entitled | ||
by law; and | ||
(2) [ |
||
distribution of funds. | ||
(c) If the amount of an installment under the payment | ||
schedule adopted under Subsection (a) [ |
||
be equal to the amount of another installment [ |
||
the amount of the other installment [ |
||
to provide for that equality. A payment under this section is not | ||
invalid because it is not equal to other installments. | ||
SECTION 17. Section 130.0033(c), Education Code, is amended | ||
to read as follows: | ||
(c) Charging tuition at a reduced rate under this section | ||
does not affect the right of the public junior college to an | ||
allocation [ |
||
this chapter and Chapter 130A [ |
||
hours attributable to students paying tuition at the reduced rate. | ||
SECTION 18. Section 130.0034(a), Education Code, is amended | ||
to read as follows: | ||
(a) The governing board of a [ |
||
district may charge a student a higher rate of tuition than the | ||
tuition that would otherwise be charged for a course in which the | ||
student enrolls if: | ||
(1) the student has previously enrolled in the same | ||
course or a course of substantially the same content and level two | ||
or more times; and | ||
(2) the student's enrollment in the course is not | ||
included in the contact hours used to determine the junior | ||
college's allocation [ |
||
under this chapter and Chapter 130A [ |
||
SECTION 19. Section 130.0051(a), Education Code, is amended | ||
to read as follows: | ||
(a) The board of trustees of a junior college district by | ||
resolution may change the name of the district or a college within | ||
the district [ |
||
the district or college to have the same or substantially the same | ||
name as an existing district, college, or other public or private | ||
institution of higher education in this state. | ||
SECTION 20. Section 130.008(c), Education Code, is amended | ||
to read as follows: | ||
(c) The contact hours attributable to the enrollment of a | ||
high school student in a course offered for joint high school and | ||
junior college credit under this section, excluding a course for | ||
which the student attending high school may receive course credit | ||
toward the physical education curriculum requirement under Section | ||
28.002(a)(2)(C), shall be included in the contact hours used to | ||
determine the junior college's allocation [ |
||
the state money appropriated and distributed to public junior | ||
colleges under this chapter and Chapter 130A [ |
||
tuition or fees for the student under Subsection (b). | ||
SECTION 21. Section 130.085(b), Education Code, is amended | ||
to read as follows: | ||
(b) This action by the board of trustees does not affect | ||
their authority under Section 130.123 [ |
||
section in any way supersede that section. This action of the board | ||
does not affect the right of the college to an allocation [ |
||
Chapter 130A [ |
||
SECTION 22. Section 130.090(c), Education Code, is amended | ||
to read as follows: | ||
(c) The grant of an exemption from tuition under Subsection | ||
(b) does not affect the right of a junior college to an allocation | ||
[ |
||
and Chapter 130A [ |
||
hours of the junior college with the student receiving the | ||
exemption. | ||
SECTION 23. Sections 130.310(a) and (b), Education Code, | ||
are amended to read as follows: | ||
(a) Except as provided by Subsection (b), a degree program | ||
created under this subchapter may be funded solely by a public | ||
junior college's allocation [ |
||
appropriations under this chapter and Chapter 130A [ |
||
not require the legislature to appropriate state funds to support a | ||
degree program created under this subchapter. The coordinating | ||
board shall weigh contact hours attributable to students enrolled | ||
in a junior-level or senior-level course offered under this | ||
subchapter used to determine a public junior college's allocation | ||
[ |
||
and Chapter 130A [ |
||
division course in a corresponding field. | ||
(b) Notwithstanding Subsection (a), in its recommendations | ||
to the legislature relating to state funding for public junior | ||
colleges, the coordinating board shall recommend that a public | ||
junior college authorized to offer baccalaureate degree programs | ||
under Section 130.303(a) or 130.304 receive substantially the same | ||
state support for junior-level and senior-level courses in the | ||
fields of applied science, applied technology, dental hygiene, and | ||
nursing offered under this subchapter as that provided to a general | ||
academic teaching institution for substantially similar courses. | ||
For purposes of this subsection, in determining the contact hours | ||
attributable to students enrolled in a junior-level or senior-level | ||
course in the field of applied science, applied technology, dental | ||
hygiene, or nursing offered under this subchapter used to determine | ||
a public junior college's allocation [ |
||
appropriations under this chapter and Chapter 130A [ |
||
necessary to provide the junior college the appropriate level of | ||
state support to the extent state funds for those courses are | ||
included in the appropriations. This subsection does not prohibit | ||
the legislature from directly appropriating state funds to support | ||
junior-level and senior-level courses to which this subsection | ||
applies. | ||
SECTION 24. Section 130.352, Education Code, is amended to | ||
read as follows: | ||
Sec. 130.352. FORMULA FUNDING FOR WORKFORCE CONTINUING | ||
EDUCATION COURSES. Notwithstanding Section 130.003 or any other | ||
law, contact hours attributable to the enrollment of a student in a | ||
workforce continuing education course offered by a public junior | ||
college shall be included in the contact hours used to determine the | ||
college's allocation [ |
||
appropriated and distributed to public junior colleges under this | ||
chapter and Chapter 130A [ |
||
regardless of whether the college waives all or part of the tuition | ||
or fees for the course under Section 130.354. | ||
SECTION 25. Section 130.355, Education Code, is amended to | ||
read as follows: | ||
Sec. 130.355. RULES. The coordinating board shall adopt | ||
any rules the coordinating board considers necessary for the | ||
administration of this subchapter. [ |
||
SECTION 26. Subtitle G, Title 3, Education Code, is amended | ||
by adding Chapter 130A to read as follows: | ||
CHAPTER 130A. PUBLIC JUNIOR COLLEGE STATE FINANCE PROGRAM | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Sec. 130A.001. LEGISLATIVE INTENT. It is the intent of the | ||
legislature that, as public junior colleges are locally governed | ||
institutions, providing foundational funding for instruction and | ||
operations of public junior colleges should be primarily a local | ||
responsibility, supported through a combination of tuition, fees, | ||
and local property taxes, with state funding focused primarily on | ||
rewarding outcomes aligned with regional and state education and | ||
workforce needs. | ||
Sec. 130A.002. PURPOSE. The purpose of the public junior | ||
college state finance program established under this chapter is to | ||
provide a modern and dynamic finance system that ensures that each | ||
public junior college has access to adequate state appropriations | ||
and local resources to support the education and training of the | ||
workforce of the future. | ||
Sec. 130A.003. DEFINITIONS. In this chapter: | ||
(1) "Commissioner" means the commissioner of higher | ||
education. | ||
(2) "Coordinating board" means the Texas Higher | ||
Education Coordinating Board. | ||
(3) "Program" means the public junior college state | ||
finance program established under this chapter. | ||
(4) "Public junior college" has the meaning assigned | ||
by Section 61.003. | ||
Sec. 130A.004. PROGRAM COMPONENTS. The program consists | ||
of: | ||
(1) a base tier of state and local funding determined | ||
in accordance with Subchapter B that ensures each public junior | ||
college has access to a defined level of base funding for | ||
instruction and operations; and | ||
(2) a performance tier of state funding determined in | ||
accordance with Subchapter C that constitutes the majority of state | ||
funding and is distributed based on measurable outcomes aligned | ||
with: | ||
(A) regional and state workforce needs; and | ||
(B) state goals aligned to the state's long-range | ||
master plan for higher education developed under Section 61.051. | ||
Sec. 130A.005. ADMINISTRATION OF PROGRAM. (a) The | ||
coordinating board may adopt rules, require reporting, and take | ||
other actions consistent with Chapter 61, Chapter 130, and this | ||
chapter as necessary to implement and administer the program. | ||
(b) The coordinating board may adopt rules under this | ||
section in consultation with the advisory committee established | ||
under Section 130.001(b)(5). | ||
(c) Notwithstanding Section 61.033, the coordinating board | ||
is not required to use negotiated rulemaking procedures under | ||
Chapter 2008, Government Code, for the adoption of rules under this | ||
section. | ||
Sec. 130A.006. REQUIRED REPORTING. The coordinating board | ||
by rule shall require each junior college district to report to the | ||
coordinating board through the Education Data System, Community | ||
College Annual Reporting and Analysis Tool, Report of Fundable | ||
Operating Expenses, or any successor program, data necessary to: | ||
(1) calculate funding under this chapter; | ||
(2) provide timely data and analyses to inform | ||
management decisions by the governing body of each junior college | ||
district; | ||
(3) administer or evaluate the effectiveness of the | ||
program; or | ||
(4) audit the program. | ||
Sec. 130A.007. COMMISSIONER AUTHORITY TO RESOLVE DATA | ||
REPORTING ERRORS AND UNINTENDED CONSEQUENCES FROM FUNDING | ||
FORMULAS. (a) The commissioner may review the accuracy of data | ||
reported to the coordinating board by junior college districts. | ||
(b) The commissioner may adjust: | ||
(1) the distribution of funding under this chapter for | ||
a state fiscal year as necessary to correct errors in data reporting | ||
identified through the commissioner's review under Subsection (a); | ||
and | ||
(2) a junior college district's funding under this | ||
chapter if the funding formulas used to determine the district's | ||
entitlement would result in an unanticipated loss or gain for the | ||
district that would have a substantial negative impact on the | ||
district's operations. | ||
(c) Before making an adjustment under this section, the | ||
commissioner must request and receive written approval from the | ||
Legislative Budget Board and the office of the governor. A request | ||
to make an adjustment is considered approved unless the Legislative | ||
Budget Board or the office of the governor issues a written | ||
disapproval within 60 business days after the date on which the | ||
request is received. | ||
(d) If the commissioner makes an adjustment under | ||
Subsection (b), the commissioner shall provide to the legislature | ||
an explanation regarding the changes necessary to resolve the data | ||
reporting errors or the unintended consequences, as applicable. | ||
Sec. 130A.008. CENSUS DATE ELIGIBILITY. A junior college | ||
district may report a student in attendance on the district's | ||
approved course census date for the purpose of funding under this | ||
chapter. | ||
Sec. 130A.009. RECOVERY OF OVERALLOCATED FUNDS. (a) If a | ||
junior college district has received an overallocation of state | ||
funds, the coordinating board shall recover from the district an | ||
amount equal to the overallocation by withholding from subsequent | ||
allocations of state funds for the current or subsequent academic | ||
year or by requesting and obtaining a refund from the district. | ||
(b) Notwithstanding Subsection (a), the coordinating board | ||
may recover an overallocation of state funds over a period not to | ||
exceed the subsequent five academic years if the commissioner | ||
determines that the overallocation was the result of exceptional | ||
circumstances reasonably caused by statutory changes to Chapter 130 | ||
or this chapter and related reporting requirements. | ||
(c) If a junior college district fails to comply with a | ||
request for a refund under Subsection (a), the coordinating board | ||
shall report to the comptroller that the amount constitutes a debt | ||
for purposes of Section 403.055, Government Code. The coordinating | ||
board shall provide to the comptroller the amount of the | ||
overallocation and any other information required by the | ||
comptroller. The comptroller may certify the amount of the debt to | ||
the attorney general for collection. The junior college district's | ||
governmental immunity is waived to the extent necessary to collect | ||
the debt owed under this section. | ||
(d) Subject to Subsection (e), the coordinating board may | ||
review a junior college district as necessary to determine if the | ||
district qualifies for each amount received by the district under | ||
this chapter. If the coordinating board determines that a junior | ||
college district received an amount to which the district was not | ||
entitled, the coordinating board may establish a corrective action | ||
plan or withhold the applicable amount of funding from the | ||
district. | ||
(e) The coordinating board may not review junior college | ||
district expenditures that occurred seven or more years before the | ||
review. | ||
Sec. 130A.010. GIFTS, GRANTS, AND DONATIONS. Except as | ||
provided by other law, an affiliated nonprofit organization | ||
described by Section 61.051(b) may solicit and accept gifts, | ||
grants, or donations of personal property from any public or | ||
private source to implement or administer this chapter. | ||
SUBCHAPTER B. STATE FUNDING: BASE TIER | ||
Sec. 130A.051. BASE TIER FORMULA. The amount of base tier | ||
state funding to which a junior college district is entitled for | ||
instruction and operations under this subchapter for a state fiscal | ||
year is an amount equal to the amount, if any, by which the | ||
district's guaranteed instruction and operations funding, as | ||
determined under Section 130A.052, exceeds the district's local | ||
share of base tier funding, as determined under Section 130A.056. | ||
Sec. 130A.052. GUARANTEED INSTRUCTION AND OPERATIONS | ||
FUNDING FORMULA. The amount of a junior college district's | ||
guaranteed instruction and operations funding for a state fiscal | ||
year is equal to the sum of: | ||
(1) the product of: | ||
(A) the district's basic allotment under Section | ||
130A.053; and | ||
(B) the number of weighted full-time equivalent | ||
students enrolled at the district determined in accordance with | ||
Section 130A.054; and | ||
(2) the district's contact hour funding under Section | ||
130A.055. | ||
Sec. 130A.053. BASIC ALLOTMENT. The basic allotment for a | ||
junior college district for a state fiscal year is an amount per | ||
weighted full-time equivalent student set by the General | ||
Appropriations Act or other legislative appropriation. | ||
Sec. 130A.054. WEIGHTED FULL-TIME EQUIVALENT STUDENT; | ||
SCALE ADJUSTMENT. (a) The coordinating board by rule shall | ||
establish student weights for purposes of this chapter that reflect | ||
the higher cost of educating certain students. | ||
(b) The student weights must be established in a manner that | ||
results in appropriate funding to a junior college district for the | ||
education of a student enrolled in an eligible credit or non-credit | ||
program who is: | ||
(1) 25 years of age or older; | ||
(2) economically disadvantaged, as defined by | ||
coordinating board rule; or | ||
(3) academically disadvantaged, as defined by | ||
coordinating board rule. | ||
(c) Subject to Subsection (d), the number of weighted | ||
full-time equivalent students enrolled at a junior college district | ||
for purposes of this subchapter is equal to the sum of: | ||
(1) the number of full-time equivalent students | ||
enrolled in the district; and | ||
(2) the sum of the weights assigned to students | ||
enrolled in the district. | ||
(d) The coordinating board by rule shall establish an | ||
equitable adjustment to the number of weighted full-time equivalent | ||
students determined under this section for each junior college | ||
district with a total enrollment of fewer than 5,000 full-time | ||
equivalent students. | ||
(e) Not later than November 1 of each even-numbered year, a | ||
junior college district that receives an adjustment under | ||
Subsection (d) shall submit to the commissioner a report on the | ||
district's participation in institutional partnerships and shared | ||
services available under Section 61.0571 or other partnerships to | ||
reduce costs and improve operational efficiency. | ||
Sec. 130A.055. CONTACT HOUR FUNDING. (a) The legislature | ||
shall set by appropriation the amount of funding to be provided to a | ||
junior college district under this subchapter per contact hour. | ||
(b) The amount of funding per contact hour must be weighted | ||
by discipline to reflect the cost of providing the applicable | ||
course. | ||
(c) The coordinating board shall determine the total amount | ||
of contact hour funding to which each junior college district is | ||
entitled under this section. | ||
Sec. 130A.056. LOCAL SHARE. A junior college district's | ||
local share of base tier funding is an amount equal to the sum of the | ||
amounts of revenue estimated to be generated by: | ||
(1) imposing a maintenance and operations ad valorem | ||
tax in the district at a rate of $0.05; and | ||
(2) assessing an amount of tuition and fees to each | ||
full-time equivalent student enrolled in the district equal to the | ||
statewide average amount of tuition and fees assessed by junior | ||
college districts to a full-time equivalent student, determined as | ||
provided by coordinating board rule. | ||
SUBCHAPTER C. STATE FUNDING: PERFORMANCE TIER | ||
Sec. 130A.101. PERFORMANCE TIER. (a) A junior college | ||
district is entitled to performance tier funding for a state fiscal | ||
biennium in an amount equal to the sum of the amounts determined | ||
under Subsection (b) for each measurable outcome described by | ||
Subsection (c). | ||
(b) The amount of performance tier funding for each | ||
measurable outcome described by Subsection (c) is equal to the | ||
product of: | ||
(1) the sum of: | ||
(A) the number of times that outcome was achieved | ||
by the junior college district, determined as provided by | ||
coordinating board rule; and | ||
(B) for an outcome described by Subsection (c)(1) | ||
or (2), the sum of the applicable student weights established by | ||
coordinating board rule for the students who achieved the outcome | ||
at the junior college district as determined under Paragraph (A) of | ||
this subdivision; and | ||
(2) the amount set by the General Appropriations Act | ||
or other legislative appropriation for the outcome. | ||
(c) The measurable outcomes considered for purposes of | ||
performance tier funding are: | ||
(1) the number of credentials of value awarded, as | ||
determined by the coordinating board based on analyses of wages and | ||
costs associated with the credential, including degrees, | ||
certificates, and other credentials from credit and non-credit | ||
programs that equip students for continued learning and greater | ||
earnings in the state economy, with an additional weight for | ||
placement of students who earn that credential in a high-demand | ||
occupation, as defined by coordinating board rule, or an | ||
appropriate proxy determined by the coordinating board based on | ||
available data; | ||
(2) the number of students who earn at least 15 | ||
semester credit hours or the equivalent at the junior college | ||
district and: | ||
(A) subsequently transfer to a general academic | ||
teaching institution, as that term is defined by Section 61.003; or | ||
(B) are enrolled in a structured co-enrollment | ||
program, as defined by coordinating board rule; and | ||
(3) the number of students who complete a sequence of | ||
at least 15 semester credit hours or the equivalent for dual credit | ||
courses that apply toward academic or workforce program | ||
requirements at the postsecondary level. | ||
SECTION 27. Sections 61.0593, 61.884(d), and 130.003(d), | ||
Education Code, are repealed. | ||
SECTION 28. Sections 28.009(b-2) and 28.010(a), Education | ||
Code, as amended by this Act, and Section 28.0095, Education Code, | ||
as added by this Act, apply beginning with the 2023-2024 school | ||
year. | ||
SECTION 29. The Texas Higher Education Coordinating Board | ||
may identify rules required by the passage of Chapter 130A, | ||
Education Code, as added by this Act, that must be adopted on an | ||
emergency basis for purposes of the state fiscal year beginning | ||
September 1, 2023, and may use the procedures established under | ||
Section 2001.034, Government Code, for adopting those rules. The | ||
coordinating board is not required to make the finding described by | ||
Section 2001.034(a), Government Code, to adopt emergency rules | ||
under this section. | ||
SECTION 30. (a) Except as provided by Subsection (b) of | ||
this section, this Act takes effect September 1, 2023, and applies | ||
to the allocation of state funding to junior college districts | ||
beginning with the state fiscal biennium beginning September 1, | ||
2023. | ||
(b) Sections 28.009(b-2) and 28.010(a), Education Code, as | ||
amended by this Act, and Section 28.0095, Education Code, as added | ||
by this Act, take effect immediately if this Act receives a vote of | ||
two-thirds of all the members elected to each house, as provided by | ||
Section 39, Article III, Texas Constitution. If this Act does not | ||
receive the vote necessary for immediate effect, those provisions | ||
take effect September 1, 2023. |