HBA-MPM H.B. 1882 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 1882
By: Naishtat
Higher Education
3/17/1999
Introduced



BACKGROUND AND PURPOSE 

The 75th Legislature passed a bill which cut off state formula funding for
university graduate students with more than 99 credit hours and vested
authority to grant exemptions with the Texas Higher Education Coordinating
Board (board).  The intent of that legislation was to encourage steady
progress toward graduation, but it did not provide sufficient guidance to
the board in how to administer individual and program exemptions.  H.B.
1882 codifies the rulings the board has already made with regard to
reasonable exemptions to the 99-hour rule.  

RULEMAKING AUTHORITY

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

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 61.059(l), Education Code, as follows:

(l)(1)  Prohibits the Texas Higher Education Coordinating Board (board)
from including 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 (hours) of doctoral work at an institution of higher education,
except as provided by this section, rather than by Subdivision (2). 

(2)  Makes a conforming change.

(3)  Requires the board to establish guidelines recognizing other
reasonable exceptions to Subdivision (1), under which an institution may
designate doctoral students for whom the board shall approve funding for
more than 100 hours, but not to exceed 130 hours. 

(4) Requires the board to establish guidelines for identifying doctoral
programs that should be exempt from Subdivision (1), under which an
institution may designate particular doctoral programs for which the board
is required to approve formula funding for all doctoral students enrolled
in the doctoral programs without regard to the number of hours a student
has attempted. 

(5)  Requires the board to approve formula funding for all doctoral
students enrolled in a doctoral program that is substantially similar to a
doctoral program offered by another institution of higher education funded
in a manner that does not directly depend on whether a student in the
program pays tuition at the rate charged other Texas residents or at a
higher rate. 

(6)  Redesignated from existing Subdivision (3).  Requires the board to
report to the Legislative Budget Board, as part of its report on formula
funding recommendations, a list of the exceptions approved under this
section, rather than under Subdivision (2), and the associated costs in
formula-based funding. 

SECTION 2.  Makes this Act applicable only to a formula established under
Section 61.059, Education Code, on or after September 1, 1999. 
 
SECTION 3.Emergency clause.
  Effective date: upon passage.