This website will be unavailable from Friday, April 26, 2024 at 6:00 p.m. through Monday, April 29, 2024 at 7:00 a.m. due to data center maintenance.

  83R2553 JRJ/AED-D
 
  By: Birdwell, Nichols S.B. No. 215
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the continuation and functions of the Texas Higher
  Education Coordinating Board.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 61.0511, Education Code, is transferred
  to Subchapter G, Chapter 51, Education Code, and redesignated as
  Section 51.359, Education Code, to read as follows:
         Sec. 51.359 [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.
         SECTION 2.  Section 51.406, Education Code, is amended by
  adding Subsection (d) to read as follows:
         (d)  At least every five years, the Texas Higher Education
  Coordinating Board shall reevaluate its rules and policies to
  ensure the continuing need for the data requests the coordinating
  board imposes on university systems or institutions of higher
  education.  The coordinating board shall consult with university
  systems and institutions of higher education in identifying
  unnecessary requests or ways to streamline those requests. The
  coordinating board shall eliminate data requests identified as
  unnecessary from its rules and policies.
         SECTION 3.  Sections 56.451(2) and (3), Education Code, are
  amended to read as follows:
               (2)  "Eligible institution" means:
                     (A)  a general academic teaching institution,
  other than a public state college [an institution of higher
  education]; [or]
                     (B)  a medical and dental unit that offers
  baccalaureate degrees; or
                     (C)  a private or independent institution of
  higher education that offers baccalaureate degree programs.
               (3)  "General academic teaching institution," "medical
  and dental unit," "private or independent institution of higher
  education," and "public state [junior] college," [and "public
  technical institute"] have the meanings assigned by Section 61.003.
         SECTION 4.  Section 56.452(b), Education Code, is amended to
  read as follows:
         (b)  The purpose of this subchapter is to provide no-interest
  loans to eligible students to enable those students to earn
  baccalaureate degrees at [attend all] public and private or
  independent institutions of higher education in this state.
         SECTION 5.  Section 56.455, Education Code, is amended to
  read as follows:
         Sec. 56.455.  INITIAL ELIGIBILITY FOR LOAN.  To be eligible
  initially for a Texas B-On-time loan, a person must:
               (1)  be a resident of this state under Section 54.052 or
  be entitled, as a child of a member of the armed forces of the United
  States, to pay tuition at the rate provided for residents of this
  state under Section 54.241;
               (2)  meet one of the following academic requirements:
                     (A)  be a graduate of a public or private high
  school in this state who graduated not earlier than the 2002-2003
  school year under the recommended or advanced high school program
  established under Section 28.025(a) or its equivalent;
                     (B)  be a graduate of a high school operated by the
  United States Department of Defense who:
                           (i)  graduated from that school not earlier
  than the 2002-2003 school year; and
                           (ii)  at the time of graduation from that
  school was a dependent child of a member of the armed forces of the
  United States; or
                     (C)  have received an associate degree from an
  eligible institution not earlier than May 1, 2005;
               (3)  be enrolled for a full course load for an
  undergraduate student, as determined by the coordinating board, in
  a baccalaureate [an undergraduate] degree [or certificate] program
  at an eligible institution;
               (4)  be eligible for federal financial aid, except that
  a person is not required to meet any financial need requirement
  applicable to a particular federal financial aid program; and
               (5)  comply with any additional nonacademic
  requirement adopted by the coordinating board under this
  subchapter.
         SECTION 6.  Section 56.456(a), Education Code, is amended to
  read as follows:
         (a)  After initially qualifying for a Texas B-On-time loan, a
  person may continue to receive a Texas B-On-time loan for each
  semester or term in which the person is enrolled at an eligible
  institution only if the person:
               (1)  is enrolled for a full course load for an
  undergraduate student, as determined by the coordinating board, in
  a baccalaureate [an undergraduate] degree [or certificate] program
  at an eligible institution;
               (2)  is eligible for federal financial aid, except that
  a person is not required to meet any financial need requirement
  applicable to a particular federal financial aid program;
               (3)  makes satisfactory academic progress toward a
  degree [or certificate] as determined by the institution at which
  the person is enrolled, if the person is enrolled in the person's
  first academic year at the institution;
               (4)  completed at least 75 percent of the semester
  credit hours attempted by the person in the most recent academic
  year and has a cumulative grade point average of at least 2.5 on a
  four-point scale or the equivalent on all coursework previously
  attempted at institutions of higher education, if the person is
  enrolled in any academic year after the person's first academic
  year; and
               (5)  complies with any additional nonacademic
  requirement adopted by the coordinating board.
         SECTION 7.  Sections 56.459(a) and (b), Education Code, are
  amended to read as follows:
         (a)  The amount of a Texas B-On-time loan for a semester or
  term for a student enrolled full-time at an eligible institution
  other than an institution covered by Subsection (b)[, (c), or (d)]
  is an amount determined by the coordinating board as the average
  statewide amount of tuition and required fees that a resident
  student enrolled full-time in a baccalaureate [an undergraduate]
  degree program would be charged for that semester or term at general
  academic teaching institutions.
         (b)  The amount of a Texas B-On-time loan for a student
  enrolled full-time at a private or independent institution of
  higher education is an amount determined by the coordinating board
  as the average statewide amount of tuition and required fees that a
  resident student enrolled full-time in a baccalaureate [an
  undergraduate] degree program would be charged for that semester or
  term at general academic teaching institutions.
         SECTION 8.  Sections 56.461 and 56.462, Education Code, are
  amended to read as follows:
         Sec. 56.461.  LOAN PAYMENT DEFERRED. The repayment of a
  Texas B-On-time loan received by a student under this subchapter is
  deferred as long as the student remains continuously enrolled in a
  baccalaureate [an undergraduate] degree [or certificate] program
  at an eligible institution.
         Sec. 56.462.  LOAN FORGIVENESS. A student who receives a
  Texas B-On-time loan shall be forgiven the amount of the student's
  loan if the student is awarded a baccalaureate [an undergraduate
  certificate or] degree at an eligible institution with a cumulative
  grade point average of at least 3.0 on a four-point scale or the
  equivalent:
               (1)  within:
                     (A)  four calendar years after the date the
  student initially enrolled in the institution or another eligible
  institution if[:
                           [(i)     the institution is a four-year
  institution; and
                           [(ii)]  the student is awarded a degree
  other than a degree in engineering, architecture, or any other
  program determined by the coordinating board to require more than
  four years to complete; or
                     (B)  five calendar years after the date the
  student initially enrolled in the institution or another eligible
  institution if[:
                           [(i)     the institution is a four-year
  institution; and
                           [(ii)]  the student is awarded a degree in
  engineering, architecture, or any other program determined by the
  coordinating board to require more than four years to complete; [or
                     [(C)     two years after the date the student
  initially enrolled in the institution or another eligible
  institution if the institution is a public junior college or public
  technical institute;] or
               (2)  with a total number of semester credit hours,
  including transfer credit hours and excluding hours earned
  exclusively by examination, hours earned for a course for which the
  student received credit toward the student's high school academic
  requirements, and hours earned for developmental coursework that an
  institution of higher education required the student to take under
  Section 51.3062 or under the former provisions of Section 51.306,
  that is not more than six hours more than the minimum number of
  semester credit hours required to complete the [certificate or]
  degree.
         SECTION 9.  Section 61.0211, Education Code, is amended to
  read as follows:
         Sec. 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, 2025 [2013].
         SECTION 10.  Section 61.022(a), Education Code, is amended
  to read as follows:
         (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. One-third of the members must possess experience in the
  field of higher education governance or administration so that the
  board includes experience from both general academic teaching
  institutions and public junior colleges or public technical
  institutes. 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.
         SECTION 11.  Section 61.025(d), Education Code, is amended
  to read as follows:
         (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, including a policy to specifically provide, as an item on the
  board's agenda at each meeting, an opportunity for public comment
  before the board makes a decision on any agenda item.
         SECTION 12.  Section 61.026, Education Code, is amended to
  read as follows:
         Sec. 61.026.  COMMITTEES AND ADVISORY COMMITTEES. (a) The
  chair [chairman] may appoint committees from the board's membership
  as the chair [he] or the board considers [may find] necessary [from
  time to time].
         (b)  The board may appoint advisory committees from outside
  its membership as the board considers [it may deem] necessary.  
  Chapter 2110, Government Code, applies to an advisory committee
  appointed by the chair or the board.  The board shall adopt rules,
  in compliance with Chapter 2110, Government Code, regarding an
  advisory committee that primarily functions to advise the board,
  including rules governing an advisory committee's purpose, tasks,
  reporting requirements, and abolishment date.  A board member may
  not serve on a board advisory committee.
         (c)  The board may adopt rules under this section regarding
  an advisory committee's:
               (1)  size and quorum requirements;
               (2)  qualifications for membership, including
  experience requirements and geographic representation;
               (3)  appointment procedures;
               (4)  terms of service; and
               (5)  compliance with the requirements for open meetings
  under Chapter 551, Government Code.
         (d)  Each advisory committee must report its recommendations
  directly to the board.
         SECTION 13.  Subchapter B, Chapter 61, Education Code, is
  amended by adding Section 61.035 to read as follows:
         Sec. 61.035.  COMPLIANCE MONITORING. (a) The board shall
  establish an agency-wide, risk-based compliance monitoring
  function for:
               (1)  funds allocated by the board to institutions of
  higher education and other entities, including student financial
  assistance funds, academic support grants, and any other grants, to
  ensure that those funds are distributed in accordance with
  applicable law and board rule; and
               (2)  data reported by institutions of higher education
  to the board and used by the board for funding or policymaking
  decisions, including data used for formula funding allocations, to
  ensure the data is reported accurately.
         (b)  For purposes of this section, student financial
  assistance includes grants, scholarships, loans, and work-study.
         (c)  The board shall develop written policies and procedures
  to guide its risk-based approach to compliance monitoring. After
  considering potential risks and the board's resources, the board
  shall audit a reasonable portion of the total funds allocated by the
  board and of data reported to the board. The board shall use various
  levels of monitoring, according to risk, ranging from checking
  reported data for errors and inconsistencies to conducting
  comprehensive audits, including site visits.
         (d)  In developing the board's risk-based approach under
  Subsection (c), the board shall prioritize the following factors
  relating to an institution of higher education:
               (1)  the amount of student financial assistance or
  grant funds allocated to the institution by the board;
               (2)  whether the institution is required to obtain and
  submit an independent audit;
               (3)  the institution's internal controls;
               (4)  the length of time since the institution's last
  desk review or site visit;
               (5)  past misuse of funds or misreported data by the
  institution; and
               (6)  in regard to data verification, whether the data
  reported to the board by the institution is used for determining
  funding allocations.
         (e)  The board shall train compliance monitoring staff to
  ensure that the staff has the ability to monitor both funds
  compliance and data reporting accuracy. Program staff in other
  board divisions who conduct limited monitoring and contract
  administration shall coordinate with the compliance monitoring
  function to identify risks and avoid duplication.
         (f)  If the board determines through its compliance
  monitoring function that funds awarded by the board to an
  institution of higher education have been misused or misallocated
  by the institution, the board shall require the institution to
  refund the amount of the misallocation to the board for remittance
  to the state treasury or directly to the treasury, as appropriate,
  to the credit of the appropriate account.
         (g)  If the board determines through its compliance
  monitoring function that an institution of higher education has
  included errors in the institution's enrollment data, the
  Legislative Budget Board may make a recommendation to the
  legislature regarding the reallocation of any appropriations to the
  institution.
         (h)  In conducting the compliance monitoring function under
  this section, the board may partner with internal audit offices at
  institutions of higher education, as institutional resources
  allow, to examine the institutions' use of funds allocated by, and
  data reported to, the board. To avoid duplication of effort and
  assist the board in identifying risk, an internal auditor at an
  institution shall notify the board of any audits conducted by the
  auditor involving funds administered by the board or data reported
  to the board.
         (i)  The board may seek technical assistance from the state
  auditor in establishing the compliance monitoring function under
  this section. The state auditor may periodically audit the board's
  compliance monitoring function as the state auditor considers
  appropriate.
         SECTION 14.  Section 61.051, Education Code, is amended by
  amending Subsections (a), (a-1), (a-2), and (a-3) and adding
  Subsection (a-5) to read as follows:
         (a)  The board represents [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 throughout [in the various regions of] the state by:
               (1)  providing a statewide perspective to ensure the
  efficient and effective use of higher education resources and to
  eliminate unnecessary duplication;
               (2)  developing and evaluating progress toward a
  long-range master plan for higher education and providing analysis
  and recommendations to link state spending for higher education
  with the goals of the long-range master plan;
               (3)  collecting and making accessible data on higher
  education in the state and aggregating and analyzing that data to
  support policy recommendations;
               (4)  making recommendations to improve the efficiency
  and effectiveness of transitions, including between high school and
  postsecondary education, between institutions of higher education
  for transfer purposes, and between postsecondary education and the
  workforce; and
               (5)  administering programs and trusteed funds for
  financial aid and other grants as necessary to achieve the state's
  long-range goals and as directed by the legislature. [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 long-range [five-year]
  master plan for higher education in this state. The [five-year]
  plan shall:
               (1)  establish long-term, measurable goals and provide
  strategies for implementing those goals;
               (2)  assess the higher education needs of each region
  of the state; and
               (3)  provide for regular evaluation and revision of the
  plan, as the board considers necessary, to ensure the relevance of
  goals and strategies [take into account the resources of private
  institutions of higher education in this state].
         (a-2)  The board shall establish methods for obtaining input
  from stakeholders and the general public when developing or
  revising [periodically review and revise] the long-range 
  [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)  Not later than December 1 of each even-numbered year,
  the board shall prepare and deliver a report to the governor, the
  lieutenant governor, the speaker of the house of representatives,
  and the standing committees of the senate and house of
  representatives with primary jurisdiction over higher education
  [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
  established [stated] in the plan developed under Subsection (a-1)
  and [shall] recommend legislative action, including statutory or
  funding changes, to assist the state in meeting those goals. The
  report must include updates on implementation strategies provided
  for in the long-range master plan [the analyses performed in
  connection with the board's periodic review] under Subsection (a-1)
  [(a-2)].
         (a-5)  In conjunction with development of the long-range
  master plan under Subsection (a-1), the board shall evaluate the
  role and mission of each general academic teaching institution,
  other than a public state college, to ensure that the roles and
  missions of the institutions collectively contribute to the state's
  goals identified in the master plan.
         SECTION 15.  Section 61.0512, Education Code, is amended to
  read as follows:
         Sec. 61.0512.  BOARD APPROVAL OF ACADEMIC [NEW DEGREE]
  PROGRAMS[; NOTIFICATION TO BOARD]. (a)  A new degree or certificate
  program may be added at an institution of higher education only with
  specific prior approval of the board.
         (b)  At the time an institution of higher education [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 institution must secure preliminary approval
  from [college or university shall notify] the board to carry out
  that planning[. In the implementation of this subsection, the board
  may not require additional reports from the institutions].
         (c)  The board shall review each degree or certificate
  program offered by an institution of higher education at the time
  the institution begins preliminary planning for a new program to
  ensure that the program:
               (1)  is needed by the state and the local community and
  does not unnecessarily duplicate programs offered by other
  institutions of higher education;
               (2)  has adequate financing from legislative
  appropriation, funds allocated by the board, or funds from other
  sources;
               (3)  has necessary faculty and other resources to
  ensure student success; and
               (4)  meets academic standards specified by law or
  prescribed by board rule, including rules adopted by the board for
  purposes of this section, or workforce standards established by the
  Texas Workforce Investment Council.
         (d)  The board may review the graduation rates of degree or
  certificate programs at least every four years.
         (e)  The board shall review each degree or certificate
  program offered by an institution of higher education at least
  every 10 years after a new program is established using the criteria
  prescribed by Subsection (c).
         (f)  Based on the board's reviews under Subsections (d) and
  (e), the board may order the consolidation or elimination of a
  degree or certificate program at an institution of higher
  education.
         (g)  The board may require an institution of higher education
  to report to the board any administrative or organizational change
  affecting a degree or certificate program, including the
  establishment of a new department or school or the transfer of a
  program between schools or departments.
         (h)  An institution of higher education may offer off-campus
  courses for credit within the state or distance learning courses
  only with specific prior approval of the board. An institution must
  certify to the board that a course offered for credit outside the
  state meets the board's academic criteria. An institution shall
  include the certification in submitting any other reports required
  by the board.
         SECTION 16.  The heading to Section 61.055, Education Code,
  is amended to read as follows:
         Sec. 61.055.  [INITIATION OF NEW DEPARTMENTS, SCHOOLS, AND
  PROGRAMS;] PARTNERSHIPS OR AFFILIATIONS.
         SECTION 17.  Section 61.055(a), Education Code, is amended
  to read as follows:
         (a)  The board shall encourage cooperative programs and
  agreements among institutions of higher education, including
  programs and agreements relating to degree offerings, research
  activities, and library and computer sharing. [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.]
         SECTION 18.  Section 61.051(l), Education Code, is
  transferred to Subchapter C, Chapter 61, Education Code,
  redesignated as Section 61.0571, Education Code, and amended to
  read as follows:
         Sec. 61.0571.  BOARD ASSISTANCE TO INSTITUTIONS. (a)
  [(l)] The board shall advise and offer technical assistance on the
  request of any institution of higher education or system
  administration.
         SECTION 19.  Section 61.051(n), Education Code, is
  transferred to Section 61.0571, Education Code, as added by this
  Act, and redesignated as Section 61.0571(b), Education Code, to
  read as follows:
         (b) [(n)]  The board shall develop guidelines for
  institutional reporting of student performance.
         SECTION 20.  Section 61.051(a-4), Education Code, is
  transferred to Subchapter C, Chapter 61, Education Code,
  redesignated as Section 61.0661, Education Code, and amended to
  read as follows:
         Sec. 61.0661.  OPPORTUNITIES FOR GRADUATE MEDICAL
  EDUCATION. (a)  [(a-4)]  The board shall conduct [include in the
  five-year master plan developed under Subsection (a-1)] an
  assessment of the adequacy of opportunities for graduates of
  medical schools in this state to enter graduate medical education
  in this state.  The assessment must:
               (1)  compare the number of first-year graduate medical
  education positions available annually with the number of medical
  school graduates;
               (2)  include a statistical analysis of recent trends in
  and projections of the number of medical school graduates and
  first-year graduate medical education positions in this state;
               (3)  develop methods and strategies for achieving a
  ratio for the number of first-year graduate medical education
  positions to the number of medical school graduates in this state of
  at least 1.1 to 1;
               (4)  evaluate current and projected physician
  workforce needs of this state, by total number and by specialty, in
  the development of additional first-year graduate medical
  education positions; and
               (5)  examine whether this state should ensure that a
  first-year graduate medical education position is created in this
  state for each new medical student position established by a
  medical and dental unit.
         (b)  Not later than December 1 of each even-numbered year,
  the board shall report the results of the assessment to the
  governor, the lieutenant governor, the speaker of the house of
  representatives, and the standing committees of the senate and
  house of representatives with primary jurisdiction over higher
  education.
         SECTION 21.  Section 61.051(h), Education Code, is
  transferred to Subchapter C, Chapter 61, Education Code,
  redesignated as Section 61.0662, Education Code, and amended to
  read as follows:
         Sec. 61.0662.  INFORMATION ON RESEARCH CONDUCTED BY
  INSTITUTIONS. (a) [(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 of
  higher education, whether state-financed or not.
         (b)  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.
         (c)  All reports required by this section [subsection] shall
  be made subject to the limitations imposed by security regulations
  governing defense contracts for research.
         SECTION 22.  Subchapter C, Chapter 61, Education Code, is
  amended by adding Section 61.069 to read as follows:
         Sec. 61.069.  BOARD ROLE IN ESTABLISHING BEST PRACTICES.
  (a) The board may administer or oversee a program to identify best
  practices only in cases where funding or other restrictions prevent
  entities other than the board from administering the program.
         (b)  The board may initiate a new pilot project only if other
  entities, including nonprofit organizations and institutions of
  higher education, are not engaging in similar projects or if the
  initiative cannot be performed by another entity.
         (c)  The board may use its position as a statewide
  coordinator to assist with matching nonprofit organizations or
  grant-funding entities with institutions of higher education to
  implement proven programs and best practices.
         (d)  The board may compile best practices and strategies
  resulting from its review of external studies for use in providing
  technical assistance to institutions of higher education and as the
  basis for the board's statewide policy recommendations.
         SECTION 23.  Subchapter C, Chapter 61, Education Code, is
  amended by adding Section 61.07761 to read as follows:
         Sec. 61.07761.  FINANCIAL AID ALLOCATION. (a) The board by
  rule shall:
               (1)  establish allocation methodologies for each
  financial aid program for which the board administers the
  allocation of funds to institutions of higher education; and
               (2)  develop procedures to verify the accuracy of the
  application of those allocation methodologies by board staff.
         (b)  The board shall consult with affected stakeholders
  before adopting rules under this section.
         SECTION 24.  The heading to Section 61.822, Education Code,
  is amended to read as follows:
         Sec. 61.822.  TRANSFER OF CREDITS; CORE CURRICULUM.
         SECTION 25.  Section 61.822, Education Code, is amended by
  amending Subsection (a) and adding Subsection (a-1) to read as
  follows:
         (a)  The board shall develop and implement policies to
  promote the transferability of lower division course credit among
  institutions of higher education.
         (a-1)  The board, with the assistance of advisory committees
  composed of representatives of institutions of higher education,
  shall develop a recommended core curriculum of at least 42 semester
  credit hours, including a statement of the content, component
  areas, and objectives of the core curriculum. At least a majority
  of the members of any advisory committee named under this section
  shall be faculty members of an institution of higher education. An
  institution shall consult with the faculty of the institution
  before nominating or recommending a person to the board as the
  institution's representative on an advisory committee.
         SECTION 26.  Section 42.0421(f), Human Resources Code, as
  added by Chapter 82 (S.B. 265), Acts of the 82nd Legislature,
  Regular Session, 2011, is amended to read as follows:
         (f)  The training required by this section must be
  appropriately targeted and relevant to the age of the children who
  will receive care from the individual receiving training and must
  be provided by a person who:
               (1)  is a training provider registered with the Texas
  Early Care and Education Career Development System's Texas Trainer
  Registry that is maintained by the Texas Head Start State
  Collaboration Office;
               (2)  is an instructor at a public or private secondary
  school, an [or at a public or private] institution of higher
  education, as defined by Section 61.003 [61.801], Education Code,
  or a private college or university accredited by a recognized
  accrediting agency who teaches early childhood development or
  another relevant course, as determined by rules adopted by the
  commissioner of education and the commissioner of higher education;
               (3)  is an employee of a state agency with relevant
  expertise;
               (4)  is a physician, psychologist, licensed
  professional counselor, social worker, or registered nurse;
               (5)  holds a generally recognized credential or
  possesses documented knowledge relevant to the training the person
  will provide;
               (6)  is a registered family home care provider or
  director of a day-care center or group day-care home in good
  standing with the department, if applicable, and who:
                     (A)  has demonstrated core knowledge in child
  development and caregiving; and
                     (B)  is only providing training at the home or
  center in which the provider or director and the person receiving
  training are employed; or
               (7)  has at least two years of experience working in
  child development, a child development program, early childhood
  education, a childhood education program, or a Head Start or Early
  Head Start program and:
                     (A)  has been awarded a Child Development
  Associate (CDA) credential; or
                     (B)  holds at least an associate's degree in child
  development, early childhood education, or a related field.
         SECTION 27.  The following provisions of the Education Code
  are repealed:
               (1)  Chapters 143, 144, 147, 148, and 152;
               (2)  Subchapters J, M, Q, and X, Chapter 51;
               (3)  Subchapters K, P, Q, U, and W, Chapter 61;
               (4)  Sections 51.916, 52.17(f), 52.56, 56.456(d), and
  56.459(c) and (d);
               (5)  Sections 61.051(b), (c), (d), (e), (f), (g), (i),
  (j), (k), (m), (o), (p), and (q); and
               (6)  Sections 61.059(i) and (i-1), 61.0591, 61.0631,
  61.066, 61.0761(d), 61.078, 61.088, 61.660, and 62.096(c).
         SECTION 28.  (a)  The change in law made by this Act in
  amending Subchapter Q, Chapter 56, Education Code, applies
  beginning with Texas B-On-time loans awarded for the 2014-2015
  academic year.
         (b)  Notwithstanding Subsection (a) of this section, a
  student who first receives a Texas B-On-time loan for a semester or
  other academic term before the 2014 fall semester may continue to
  receive Texas B-On-time loans under Subchapter Q, Chapter 56,
  Education Code, as that subchapter existed immediately before the
  effective date of this Act, as long as the student remains eligible
  for a Texas B-On-time loan under the former law, and is entitled to
  obtain forgiveness of the loans as permitted by Section 56.462,
  Education Code, as that section existed immediately before the
  effective date of this Act. The Texas Higher Education
  Coordinating Board shall adopt rules to administer this subsection
  and shall notify each student who receives a Texas B-On-time loan in
  the 2013-2014 academic year of the provisions of this subsection.
         SECTION 29.  The change in law made by Section 61.022(a),
  Education Code, as amended by this Act, regarding the
  qualifications of members of the Texas Higher Education
  Coordinating Board does not affect the entitlement of a member
  serving on the coordinating board immediately before the effective
  date of this Act to continue to serve as a member of the
  coordinating board for the remainder of the member's term.  As the
  terms of coordinating board members expire, the governor shall
  appoint or reappoint a member who has the required experience until
  the composition of the coordinating board meets the requirements
  under Section 61.022(a), Education Code, as amended by this Act.
         SECTION 30.  The Texas Higher Education Coordinating Board
  shall adopt rules as required by Section 61.07761, Education Code,
  as added by this Act, as soon as practicable after this Act takes
  effect. For that purpose, the coordinating board may adopt the
  initial rules in the manner provided by the law for emergency rules.
         SECTION 31.  This Act takes effect September 1, 2013.