HBA-MPM H.B. 3651 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 3651 By: Rangel Higher Education 3/31/1999 Introduced BACKGROUND AND PURPOSE State officials have expressed a desire for changes to the state's higher education system to be approved by the Texas Higher Education Coordinating Board (board). H.B. 3651 prohibits an institution of higher education from initiating a department until the board has rendered a written finding that the department is adequately financed by funds appropriated for that purpose. Additionally, it prohibits a university system, general academic teaching institution, or medical and dental unit from initiating certain instructional facilities or from affiliating with an institution of higher education to offer or jointly operate an instructional facility until such an action is approved by the legislature and the board. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 61.055, Education Code, as follows: Sec. 61.055. New title: INITIATION OF DEPARTMENTS, SCHOOLS, PROGRAMS, OFF-CAMPUS UNITS, OR AFFILIATIONS. Deletes "new" and "and" from title. (a) Prohibits a department, rather than a new department, approved by the Texas Higher Education Coordinating Board (board) from being initiated by any institution of higher education until the board has made a written finding that the department, in addition to other educational bodies, is adequately financed by legislative appropriation, by funds allocated by the board, or from other sources. (b) Prohibits a university system, a general academic teaching institution, or a medical and dental unit from initiating a branch campus, extension center, other off-campus unit, or professional school, and prohibits these entities from affiliating with a private or independent institution of higher education to offer or jointly operate a branch campus, extension center, other off-campus unit, or professional school until the initiation or affiliation is approved by legislative act and the board and the board makes a written finding that these facilities are adequately financed by legislative appropriation or funds allocated by the board or from other sources. SECTION 2. Provides that this Act does not affect a branch campus, extension center, other offcampus unit, professional school, or affiliation initiated before the effective date of this Act. SECTION 3.Emergency clause. Effective date: upon passage.