reglab/statecodes huggingface dataset:
2023 Texas Statutes › Education Code › Title 3 - Higher Education › Subtitle B - State Coordination of Higher Education › Chapter 61 - Texas Higher Education Coordinating Board › Subchapter G. Regulation of Private Postsecondary Educational Institutions › Section 61.3025. Definition: Academic Records

Sec. 61.3025.  DEFINITION:  ACADEMIC RECORDS.  (a)  In this subchapter, "academic records" means any information that is:
(1)  directly related to a student's educational efforts;
(2)  intended to support the student's progress toward completing a degree program; and
(3)  regardless of the format or manner in which or the location where the information is held, maintained by an institution for the purpose of sharing among academic officials.
(b)  The term "academic records" includes a student's educational history but does not include medical records, alumni records other than educational history, human resources records, or criminal history record information or other law enforcement records.
Text of section effective on September 1, 2017, but only if a specific appropriation is provided as described by Acts 2017, 85th Leg., R.S., Ch. 940 (S.B. 1781), Sec. 9, which states: This Act takes effect only if a specific appropriation for the implementation of the Act is provided in a general appropriations act of the 85th Legislature.
Added by Acts 2017, 85th Leg., R.S., Ch. 940 (S.B. 1781), Sec. 1, eff. September 1, 2017.
2023 Texas Statutes › Education Code › Title 3 - Higher Education › Subtitle B - State Coordination of Higher Education › Chapter 61 - Texas Higher Education Coordinating Board › Subchapter G. Regulation of Private Postsecondary Educational Institutions › Section 61.304. Requisite Authority to Grant Degrees and Offer Courses; Offenses

Sec. 61.304.  REQUISITE AUTHORITY TO GRANT DEGREES AND OFFER COURSES; OFFENSES.  (a)  A person may not grant or award a degree or offer to grant or award a degree on behalf of a private postsecondary educational institution unless the institution has been issued a certificate of authority to grant the degree by the board in accordance with the provisions of this subchapter.
(b)  A person may not represent that credits earned or granted by that person or institution are applicable for credit toward a degree to be granted by some other person or institution except under conditions and in a manner specified and approved by the board.
(c)  The board is empowered to specify and regulate the manner, condition, and language used by an institution or person or agents thereof in making known that the person or institution holds a certificate of authority and the interpretation of the significance of such certificate.
(d)  A person commits an offense if the person:
(1)  grants or awards a degree or offers to grant or award a degree in violation of this section;
(2)  represents in violation of this section that a credit earned or granted by the person can be applied toward a degree offered by another person;
(3)  grants or offers to grant a credit for which a representation is made as described by Subdivision (2);  or
(4)  solicits another person to seek a degree or to earn a credit the actor knows is offered in violation of this section.
(e)  An offense under Subsection (d) is a Class A misdemeanor.
(f)  In addition to any other venue authorized by law, venue for the prosecution of an offense under Subsection (d) is in the county in which an element of the offense occurs or in Travis County.
Added by Acts 1975, 64th Leg., p. 1867, ch. 587, Sec. 1, eff. June 19, 1975.  Amended by Acts 1985, 69th Leg., ch. 76, Sec. 3, eff. Sept. 1, 1985;  Acts 1993, 73rd Leg., ch. 516, Sec. 7, eff. Sept. 1, 1993.
Amended by:
Acts 2005, 79th Leg., Ch. 1039 (H.B. 1173), Sec. 3, eff. September 1, 2005.
2023 Texas Statutes › Education Code › Title 3 - Higher Education › Subtitle B - State Coordination of Higher Education › Chapter 61 - Texas Higher Education Coordinating Board › Subchapter G. Regulation of Private Postsecondary Educational Institutions › Section 61.305. Application for Certificate of Authority

Sec. 61.305.  APPLICATION FOR CERTIFICATE OF AUTHORITY.  (a)  A private postsecondary educational institution that has been in operation for not less than two years may apply to the board for a certificate of authority to grant a degree in a specified program of study on application forms provided by the board.
(b)  The application form shall contain the name and address of the institution;  purpose of the institution;  names of the sponsors or owners of the institution;  regulations, rules, constitutions, bylaws, or other regulations established for the government and operation of the institution;  the names and addresses of the chief administrative officer, the principal administrators, and each member of the board of trustees or other governing board;  the names of members of the faculty who will, in fact, teach in the program of study, with the highest degree held by each;  a full description of the degree or degrees to be awarded and the course or courses of study prerequisite thereto;  a description of the facilities and equipment utilized by the institution;  and any additional information which the board may request.
(c)  The application must be accompanied by an initial fee set by the board in an amount not to exceed the average cost of reviewing the application, including the cost of necessary consultants.
Added by Acts 1975, 64th Leg., p. 1867, ch. 587, Sec. 1, eff. June 19, 1975.  Amended by Acts 1981, 67th Leg., p. 2729, ch. 745, Sec. 3, eff. June 16, 1981;  Acts 1985, 69th Leg., ch. 76, Sec. 4, eff. Sept. 1, 1985;  Acts 1993, 73rd Leg., ch. 516, Sec. 8, eff. Sept. 1, 1993.
2023 Texas Statutes › Education Code › Title 3 - Higher Education › Subtitle B - State Coordination of Higher Education › Chapter 61 - Texas Higher Education Coordinating Board › Subchapter G. Regulation of Private Postsecondary Educational Institutions › Section 61.306. Issuance of Certificate

Sec. 61.306.  ISSUANCE OF CERTIFICATE.  (a)  Subject to Subsections (c) and (c-1), the board may issue a certificate of authority to grant a degree or degrees and to enroll students for courses which may be applicable toward a degree if it finds that the applicant meets the standards established by the board for certification.
(b)  A certificate of authority to grant a degree or degrees is valid for a period of two years from the date of issuance.
(c)  The board may not issue a certificate of authority for a private postsecondary educational institution to grant a professional degree or to represent that credits earned in this state are applicable toward a professional degree if the institution is chartered in a foreign country or has its principal office or primary educational program in a foreign country.
(c-1)  The board may issue a certificate of authority for a private postsecondary educational institution to grant a professional degree or to represent that credits earned in this state are applicable toward a professional degree only if the board determines that:
(1)  the capacity and ability of similar professional degree programs at institutions of higher education and private or independent institutions of higher education are insufficient to meet the state's current market needs;
(2)  the institution seeking the certificate of authority:
(A)  has the necessary faculty and other resources to ensure student success; and
(B)  is subject to and agrees to meet the same standards for approval and all academic criteria applicable to similar professional degree programs offered by institutions of higher education and private or independent institutions of higher education; and
(3)  sufficient placements are available to students for required field-based experience, such as clinicals or clerkships, for the proposed professional degree.
(d)  In this section:
(1)  "Institution of higher education" and "private or independent institution of higher education" have the meanings assigned by Section 61.003.
(2)  "Professional degree" includes a Doctor of Medicine (M.D.), Doctor of Osteopathy (D.O.), Doctor of Dental Surgery (D.D.S.), Doctor of Veterinary Medicine (D.V.M.), Juris Doctor (J.D.), and Bachelor of Laws (LL.B.).
Added by Acts 1975, 64th Leg., p. 1867, ch. 587, Sec. 1, eff. June 19, 1975.  Amended by Acts 1985, 69th Leg., ch. 76, Sec. 7, eff. Sept. 1, 1985.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 1155 (S.B. 215), Sec. 47, eff. September 1, 2013.
Acts 2021, 87th Leg., R.S., Ch. 439 (S.B. 1490), Sec. 2, eff. September 1, 2021.
2023 Texas Statutes › Education Code › Title 3 - Higher Education › Subtitle B - State Coordination of Higher Education › Chapter 61 - Texas Higher Education Coordinating Board › Subchapter G. Regulation of Private Postsecondary Educational Institutions › Section 61.307. Amendments to Applications

Sec. 61.307.  AMENDMENTS TO APPLICATIONS.  (a)  The chief administrative officers of each institution which has been issued a certificate of authority shall immediately notify the board of any change in administrative personnel, faculty, or facilities at the institution or any other changes of a nature specified by the board.
(b)  An institution which wishes to amend an existing program of study to award a new or different degree during the period of time covered by a current certificate may file an application for amendment of the certificate with the board.  The application shall be accompanied by a fee set by the board to cover the cost of program evaluation.  If the board finds that the new program of study meets the required standards, the board may amend the institution's certificate accordingly.
Added by Acts 1975, 64th Leg., p. 1867, ch. 587, Sec. 1, eff. June 19, 1975.  Amended by Acts 1997, 75th Leg., ch. 232, Sec. 3, eff. Sept. 1, 1997.
See note following this section.
2023 Texas Statutes › Education Code › Title 3 - Higher Education › Subtitle B - State Coordination of Higher Education › Chapter 61 - Texas Higher Education Coordinating Board › Subchapter G. Regulation of Private Postsecondary Educational Institutions › Section 61.3075. Required Financial Resources

Sec. 61.3075.  REQUIRED FINANCIAL RESOURCES.  The board by rule may require an institution operating under a certificate of authority, or seeking to operate under a certificate of authority, to ensure that the financial resources and financial stability of the institution are adequate to provide education of a good quality and to fulfill the institution's commitments to its enrolled students and may require the institution to provide to the board documentation of the institution's compliance with those requirements.  Rules adopted under this subsection must:
(1)  require the institution to maintain reserves, lines of credit, or surety instruments that, when combined with tuition and fee receipts, are sufficient to allow the institution to fulfill its educational obligations to its enrolled students if the institution is unable to continue to provide instruction to its enrolled students for any reason; and
(2)  require that the financial resources maintained under Subdivision (1) be conditioned to allow only the board to withdraw funds for the benefit of the institution's enrolled students under the circumstance described by Subdivision (1).
Text of section effective on September 1, 2017, but only if a specific appropriation is provided as described by Acts 2017, 85th Leg., R.S., Ch. 940 (S.B. 1781), Sec. 9, which states: This Act takes effect only if a specific appropriation for the implementation of the Act is provided in a general appropriations act of the 85th Legislature.
Added by Acts 2017, 85th Leg., R.S., Ch. 940 (S.B. 1781), Sec. 3, eff. September 1, 2017.
2023 Texas Statutes › Education Code › Title 3 - Higher Education › Subtitle B - State Coordination of Higher Education › Chapter 61 - Texas Higher Education Coordinating Board › Subchapter G. Regulation of Private Postsecondary Educational Institutions › Section 61.308. Renewal of Certificate

Sec. 61.308.  RENEWAL OF CERTIFICATE.  (a)  A private postsecondary educational institution which desires to renew its certificate of authority shall apply to the board at least 180 days prior to the expiration of the current certificate.
(b)  The application for renewal shall be made on forms provided by the board and shall be accompanied by a renewal fee set by the board in an amount not to exceed the average cost of reviewing the application, including the cost of necessary consultants.
(c)  The board shall renew the certificate if it finds that the institution has maintained all requisite standards and has complied with all rules and regulations promulgated by the board.
(d)  A private postsecondary educational institution may be granted successive certificates of authority for a period not to exceed the number of years provided by rule of the board.  The board rules must recognize that certification by the state is intended to safeguard the public interest until an institution has developed the strength to satisfy appropriate accreditation standards and it is intended that an institution advance from certification status to fully accredited status in due course.
(e)  If, after a good-faith effort, an institution cannot achieve accreditation within the period of time prescribed by the board, the institution may appeal for extension of eligibility for certification because of having been denied accreditation due to policies of the institution based on religious beliefs or other good and sufficient cause as defined by rule of the board.  The board shall consider the application of any accreditation standard that prohibited accreditation of the institution on the basis of religious policies practiced by the institution as a prima facie justification for extending the eligibility for certification if all other standards of the board are satisfied.
Added by Acts 1975, 64th Leg., p. 1867, ch. 587, Sec. 1, eff. June 19, 1975.  Amended by Acts 1981, 67th Leg., p. 2729, ch. 745, Sec. 4, eff. June 16, 1981;  Acts 1993, 73rd Leg., ch. 516, Sec. 9, eff. Sept. 1, 1993;  Acts 1997, 75th Leg., ch. 232, Sec. 4, eff. Sept. 1, 1997.
2023 Texas Statutes › Education Code › Title 3 - Higher Education › Subtitle B - State Coordination of Higher Education › Chapter 61 - Texas Higher Education Coordinating Board › Subchapter G. Regulation of Private Postsecondary Educational Institutions › Section 61.309. Revocation of Certificate of Authority

Sec. 61.309.  REVOCATION OF CERTIFICATE OF AUTHORITY.  The board may revoke a certificate of authority to grant degrees at any time if it finds that:
(1)  any statement contained in an application for a certificate is untrue;
(2)  the institution has failed to maintain the faculty, facilities, equipment, and programs of study on the basis of which the certificate was issued;
(3)  advertising utilized on behalf of the institution is deceptive or misleading;  or
(4)  the institution has violated any rule or regulation promulgated by the board under the authority of this subchapter.
Added by Acts 1975, 64th Leg., p. 1867, ch. 587, Sec. 1, eff. June 19, 1975.
Sec. 61.310.  APPEAL.  An institution whose application for an original, amended, or renewal certificate of authority to grant degrees is denied by the board is entitled to written notice of the reasons for the denial and may request a hearing under Chapter 2001, Government Code. The hearing shall be held within 120 days after written request is received by the board.
Added by Acts 1975, 64th Leg., p. 1867, ch. 587, Sec. 1, eff. June 19, 1975.  Amended by Acts 1981, 67th Leg., p. 2730, ch. 745, Sec. 5, eff. June 16, 1981;  Acts 1995, 74th Leg., ch. 76, Sec. 5.95(49), eff. Sept. 1, 1995;  Acts 1997, 75th Leg., ch. 232, Sec. 5, eff. Sept. 1, 1997.
2023 Texas Statutes › Education Code › Title 3 - Higher Education › Subtitle B - State Coordination of Higher Education › Chapter 61 - Texas Higher Education Coordinating Board › Subchapter G. Regulation of Private Postsecondary Educational Institutions › Section 61.311. Rules and Regulations

Sec. 61.311.  RULES AND REGULATIONS.  (a)  The board shall promulgate standards, rules, and regulations governing the administration of this subchapter.
(b)  The board may delegate to the commissioner such authority and responsibility conferred on the board by this subchapter as the board deems appropriate for the effective administration of this subchapter.
Added by Acts 1975, 64th Leg., p. 1867, ch. 587, Sec. 1, eff. June 19, 1975.  Amended by Acts 1997, 75th Leg., ch. 232, Sec. 6, eff. Sept. 1, 1997.
2023 Texas Statutes › Education Code › Title 3 - Higher Education › Subtitle B - State Coordination of Higher Education › Chapter 61 - Texas Higher Education Coordinating Board › Subchapter G. Regulation of Private Postsecondary Educational Institutions › Section 61.312. Honorary Degrees; Offenses

Sec. 61.312.  HONORARY DEGREES; OFFENSES.  (a)  No person may award or offer to award an honorary degree on behalf of a private postsecondary educational institution subject to the provisions of this subchapter unless the institution has been issued a certificate of authority to award such a degree.  The honorary degree shall plainly state on its face that it is honorary.
(b)  A person commits an offense if the person:
(1)  grants or offers to grant an honorary degree in violation of this section;  or
(2)  solicits another person to seek or accept an honorary degree the actor knows is offered in violation of this section.
(c)  An offense under Subsection (b) is a Class A misdemeanor.
(d)  In addition to any other venue authorized by law, venue for the prosecution of an offense under Subsection (b) is in the county in which an element of the offense occurs or in Travis County.
Added by Acts 1975, 64th Leg., p. 1867, ch. 587, Sec. 1, eff. June 19, 1975.  Amended by Acts 1993, 73rd Leg., ch. 516, Sec. 10, eff. Sept. 1, 1993.
Amended by:
Acts 2005, 79th Leg., Ch. 1039 (H.B. 1173), Sec. 4, eff. September 1, 2005.
2023 Texas Statutes › Education Code › Title 3 - Higher Education › Subtitle B - State Coordination of Higher Education › Chapter 61 - Texas Higher Education Coordinating Board › Subchapter G. Regulation of Private Postsecondary Educational Institutions › Section 61.314. Advisory Council on Private Postsecondary Educational Institutions

Sec. 61.314.  ADVISORY COUNCIL ON PRIVATE POSTSECONDARY EDUCATIONAL INSTITUTIONS.  (a)  The board shall appoint an advisory council on private postsecondary educational institutions consisting of six members with experience in the field of higher education, three of whom must be representatives of private institutions of higher education as defined by Section 61.003 in the State of Texas which are exempt from the provisions of this subchapter.  Council members serve for terms of two years from the date of their appointment and are entitled to reimbursement for actual expenses incurred in carrying out the work of the council.
(b)  The council shall advise the board on standards and procedures to be used in carrying out the provisions of this subchapter.
Added by Acts 1975, 64th Leg., p. 1867, ch. 587, Sec. 1, eff. June 19, 1975.  Amended by Acts 1993, 73rd Leg., ch. 516, Sec. 12, eff. Sept. 1, 1993;  Acts 1997, 75th Leg., ch. 232, Sec. 8, eff. Sept. 1, 1997.
See note following this section.
2023 Texas Statutes › Education Code › Title 3 - Higher Education › Subtitle B - State Coordination of Higher Education › Chapter 61 - Texas Higher Education Coordinating Board › Subchapter G. Regulation of Private Postsecondary Educational Institutions › Section 61.315. Agents and Records; Academic Records Repository

Sec. 61.315.  AGENTS AND RECORDS; ACADEMIC RECORDS REPOSITORY.  (a)  The authorized or certified institutions may be required to provide a list of their agents to the board, and to maintain in a manner specified by the board the academic records of enrolled or former students, including records of credits and degrees awarded, and provide those records to the board on request.
(b)  The board may maintain a repository for academic records from closed institutions that were exempt or were authorized to operate under a certificate of authorization or certificate of authority.  The board may discontinue its maintenance of the repository if adequate funding is not provided for that maintenance.  The academic records repository is considered to be a repository of last resort.  If a closed institution is part of a larger educational system or corporation, that system or corporation shall maintain the academic records.  If students of the closed institution transfer to another institution through an agreement between the institutions to continue the students' degree programs, the institution responsible for accepting the transferring students shall maintain those academic records.
Amendments to this section made by Acts 2017, 85th Leg., R.S., Ch. 940 (S.B. 1781), take effect on September 1, 2017, but only if a specific appropriation is provided as described by Acts 2017, 85th Leg., R.S., Ch. 940 (S.B. 1781), Sec. 9, which states: This Act takes effect only if a specific appropriation for the implementation of the Act is provided in a general appropriations act of the 85th Legislature.
Added by Acts 1975, 64th Leg., p. 1867, ch. 587, Sec. 1, eff. June 19, 1975.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 940 (S.B. 1781), Sec. 4, eff. September 1, 2017.
See note following this section.
2023 Texas Statutes › Education Code › Title 3 - Higher Education › Subtitle B - State Coordination of Higher Education › Chapter 61 - Texas Higher Education Coordinating Board › Subchapter G. Regulation of Private Postsecondary Educational Institutions › Section 61.318. Injunctions

Sec. 61.318.  INJUNCTIONS.  (a)  The commissioner may report information concerning a possible violation of this subchapter to the attorney general.  The attorney general shall make the necessary investigations and shall bring suit to enjoin any violation of this subchapter.
(b)  An action for an injunction under this section shall be brought in a district court in Travis County.
Added by Acts 1997, 75th Leg., ch. 232, Sec. 10, eff. Sept. 1, 1997.
2023 Texas Statutes › Education Code › Title 3 - Higher Education › Subtitle B - State Coordination of Higher Education › Chapter 61 - Texas Higher Education Coordinating Board › Subchapter G. Regulation of Private Postsecondary Educational Institutions › Section 61.319. Civil Penalty

Sec. 61.319.  CIVIL PENALTY.  (a)  A person who violates this subchapter or a rule adopted under this subchapter is liable for a civil penalty in addition to any injunctive relief or any other remedy.  A civil penalty may not exceed $1,000 a day for each violation.
(b)  The attorney general, at the request of the board, shall bring a civil action to collect a civil penalty under this section.
Added by Acts 1997, 75th Leg., ch. 232, Sec. 10, eff. Sept. 1, 1997.
2023 Texas Statutes › Education Code › Title 3 - Higher Education › Subtitle B - State Coordination of Higher Education › Chapter 61 - Texas Higher Education Coordinating Board › Subchapter G. Regulation of Private Postsecondary Educational Institutions › Section 61.320. Application of Deceptive Trade Practices Act

Sec. 61.320.  APPLICATION OF DECEPTIVE TRADE PRACTICES ACT.  (a)  A person who violates this subchapter commits a false, misleading, or deceptive act or practice within the meaning of Section 17.46, Business & Commerce Code.
(b)  A public or private right or remedy under Chapter 17, Business & Commerce Code, may be used to enforce this subchapter.
Added by Acts 2005, 79th Leg., Ch. 1039 (H.B. 1173), Sec. 7, eff. September 1, 2005.
2023 Texas Statutes › Education Code › Title 3 - Higher Education › Subtitle B - State Coordination of Higher Education › Chapter 61 - Texas Higher Education Coordinating Board › Subchapter G. Regulation of Private Postsecondary Educational Institutions › Section 61.321. Information Provided to Protect Public From Fraudulent, Substandard, or Fictitious Degrees

Sec. 61.321.  INFORMATION PROVIDED TO PROTECT PUBLIC FROM FRAUDULENT, SUBSTANDARD, OR FICTITIOUS DEGREES.  To protect the public from private postsecondary educational institutions or other persons that confer or offer to confer fraudulent or substandard degrees and from persons that use or hold fraudulent or substandard degrees or that use or claim to hold fictitious degrees, the board shall disseminate the following information through the board's Internet website:
(1)  to the extent known by the board, the accreditation status or the status regarding authorization or approval under this subchapter, as applicable, of each private postsecondary educational institution or other person that is regulated by this subchapter or for which a determination is made under Section 61.3021, including:
(A)  the name of each educational institution accredited, authorized, or approved to offer or grant degrees in this state;
(B)  the name of each educational institution whose degrees the board has determined may not be legally used in this state;  and
(C)  the name of each educational institution that the board has determined to be operating in this state in violation of this subchapter;  and
(2)  any other information considered by the commissioner to be useful to protect the public from fraudulent, substandard, or fictitious degrees.
Added by Acts 2005, 79th Leg., Ch. 1039 (H.B. 1173), Sec. 7, eff. September 1, 2005.
2023 Texas Statutes › Education Code › Title 3 - Higher Education › Subtitle B - State Coordination of Higher Education › Chapter 61 - Texas Higher Education Coordinating Board › Subchapter H. Regulation of Public Institutions of Higher Education Established Outside the Boundaries of the State of Texas › Section 61.401. Definitions

Sec. 61.401.  DEFINITIONS.  In this subchapter:
(1)  "Public institution of higher education" includes any senior college, university, community college, technical institute, or junior college or the equivalent which is controlled by a public body organized outside the boundaries of the State of Texas.
(2)  "Coordinating board" means the Texas Higher Education Coordinating Board.
Added by Acts 1975, 64th Leg., p. 1843, ch. 573, Sec. 1, eff. June 19, 1975.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 124 (S.B. 1470), Sec. 2, eff. May 23, 2015.
2023 Texas Statutes › Education Code › Title 3 - Higher Education › Subtitle B - State Coordination of Higher Education › Chapter 61 - Texas Higher Education Coordinating Board › Subchapter H. Regulation of Public Institutions of Higher Education Established Outside the Boundaries of the State of Texas › Section 61.402. Requisite Approval

Sec. 61.402.  REQUISITE APPROVAL.  (a)  Public institutions of higher education established outside the boundaries of the State of Texas must have the approval of the coordinating board before offering a course or a grouping of courses within the State of Texas.
(b)  Notwithstanding Subsection (a), a public institution of higher education established outside the boundaries of the State of Texas may offer a course within this state without the approval of the coordinating board if the course is provided in accordance with a state authorization reciprocity agreement established under Section 61.05121.
Added by Acts 1975, 64th Leg., p. 1843, ch. 573, Sec. 1, eff. June 19, 1975.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 124 (S.B. 1470), Sec. 3, eff. May 23, 2015.
2023 Texas Statutes › Education Code › Title 3 - Higher Education › Subtitle B - State Coordination of Higher Education › Chapter 61 - Texas Higher Education Coordinating Board › Subchapter H. Regulation of Public Institutions of Higher Education Established Outside the Boundaries of the State of Texas › Section 61.403. Rules and Regulations

Sec. 61.403.  RULES AND REGULATIONS.  The coordinating board shall prepare rules and regulations which, when properly followed, may qualify a public institution of higher education established outside the boundaries of the State of Texas to offer a course or a grouping of courses within the State of Texas.
Added by Acts 1975, 64th Leg., p. 1843, ch. 573, Sec. 1, eff. June 19, 1975.
2023 Texas Statutes › Education Code › Title 3 - Higher Education › Subtitle B - State Coordination of Higher Education › Chapter 61 - Texas Higher Education Coordinating Board › Subchapter H. Regulation of Public Institutions of Higher Education Established Outside the Boundaries of the State of Texas › Section 61.404. Procedures in Case of Violation

Sec. 61.404.  PROCEDURES IN CASE OF VIOLATION.  If the coordinating board obtains evidence that a public institution of higher education established outside the boundaries of the State of Texas is in apparent violation of this subchapter or of rules and regulations adopted pursuant to this subchapter, the coordinating board shall take appropriate action to terminate its operation within the boundaries of the State of Texas regardless of whether the institution participates in a state authorization reciprocity agreement established under Section 61.05121.
Added by Acts 1975, 64th Leg., p. 1843, ch. 573, Sec. 1, eff. June 19, 1975.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 124 (S.B. 1470), Sec. 4, eff. May 23, 2015.
2023 Texas Statutes › Education Code › Title 3 - Higher Education › Subtitle B - State Coordination of Higher Education › Chapter 61 - Texas Higher Education Coordinating Board › Subchapter H. Regulation of Public Institutions of Higher Education Established Outside the Boundaries of the State of Texas › Section 61.405. Advisory Committees

Sec. 61.405.  ADVISORY COMMITTEES.  The coordinating board may appoint such advisory committees as deemed useful for the effective administration of this subchapter.
Added by Acts 1975, 64th Leg., p. 1843, ch. 573, Sec. 1, eff. June 19, 1975.
2023 Texas Statutes › Education Code › Title 3 - Higher Education › Subtitle B - State Coordination of Higher Education › Chapter 61 - Texas Higher Education Coordinating Board › Subchapter I. Contracts for Medical Residency Programs › Section 61.501. Definitions

Sec. 61.501.  DEFINITIONS.  As used in this subchapter:
(1)  "Medical school" means the medical school at The University of Texas Health Science Center at Houston, the medical school at The University of Texas Southwestern Medical Center, the medical school at The University of Texas Health Science Center at San Antonio, The University of Texas Medical Branch at Galveston, the medical school at The University of Texas at Austin, the medical school at The University of Texas Rio Grande Valley, the medical education program of The University of Texas Health Science Center at Tyler, the medical school at the Texas Tech University Health Sciences Center, the medical school at the Texas Tech University Health Sciences Center at El Paso, the Sam Houston State University College of Osteopathic Medicine, the University of Houston College of Medicine, the Baylor College of Medicine, the college of osteopathic medicine at the University of North Texas Health Science Center at Fort Worth, or the medical school at the Texas A&M University Health Science Center.
(2)  "Approved family practice residency training program" means a graduate medical education program operated by a medical school, licensed hospitals, or nonprofit corporations which has been approved for training physicians in family practice and for the receipt of state funds for that purpose by the board after receiving the recommendation of the Family Practice Residency Advisory Committee.
Added by Acts 1977, 65th Leg., p. 109, ch. 53, Sec. 2, eff. Aug. 29, 1977.  Amended by Acts 1993, 73rd Leg., ch. 408, Sec. 10, eff. Aug. 30, 1993.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 65 (S.B. 120), Sec. 12, eff. May 18, 2013.
Acts 2015, 84th Leg., R.S., Ch. 28 (S.B. 1466), Sec. 1, eff. May 15, 2015.
Acts 2019, 86th Leg., R.S., Ch. 8 (H.B. 826), Sec. 6, eff. May 1, 2019.
Acts 2019, 86th Leg., R.S., Ch. 294 (H.B. 2867), Sec. 6, eff. May 29, 2019.
2023 Texas Statutes › Education Code › Title 3 - Higher Education › Subtitle B - State Coordination of Higher Education › Chapter 61 - Texas Higher Education Coordinating Board › Subchapter I. Contracts for Medical Residency Programs › Section 61.502. Contracts

Sec. 61.502.  CONTRACTS.  The board may contract with a medical school, licensed hospitals, or nonprofit corporations for the purpose of establishing and operating an approved Family Practice Residency Training Program and may compensate the medical school, licensed hospitals, or nonprofit corporations on a formula approved by the board based upon the number of resident physicians in the training program.
Added by Acts 1977, 65th Leg., p. 109, ch. 53, Sec. 2, eff. Aug. 29, 1977.
2023 Texas Statutes › Education Code › Title 3 - Higher Education › Subtitle B - State Coordination of Higher Education › Chapter 61 - Texas Higher Education Coordinating Board › Subchapter I. Contracts for Medical Residency Programs › Section 61.503. Rules and Regulations

Sec. 61.503.  RULES AND REGULATIONS.  The board shall adopt rules and regulations to implement this subchapter, including rules providing for:
(1)  prior consultation on the annual budget with the board;
(2)  a postaudit in a manner acceptable to the state auditor of expenditures related to the residency training program of a medical school, licensed hospitals, or nonprofit corporations with which the board has contracted;  and
(3)  distribution of family physicians and improvement of medical care in underserved urban and rural areas of the state and, insofar as possible and prudent, encouraging the permanent location in underserved areas of family physicians trained in these programs.
Added by Acts 1977, 65th Leg., p. 109, ch. 53, Sec. 2, eff. Aug. 29, 1977.
2023 Texas Statutes › Education Code › Title 3 - Higher Education › Subtitle B - State Coordination of Higher Education › Chapter 61 - Texas Higher Education Coordinating Board › Subchapter I. Contracts for Medical Residency Programs › Section 61.504. Disbursements

Sec. 61.504.  DISBURSEMENTS.  (a)  Pursuant to a contract, the board may disburse through the designated project director to a medical school, licensed hospitals, or nonprofit corporations funds for the purpose of the graduate training of physicians in an approved family practice residency training program.  The project director shall be the chairman of the Department of Family Practice in a medical school or the program director of an approved family practice residency training program operated by licensed hospitals or nonprofit corporations.  The project director shall, in accordance with such rules as the board may adopt, make timely reports directly to the board concerning the development and progress of the family practice training program.
(b)  The board may establish by contract the method or manner of the disbursement to the project director.
Added by Acts 1977, 65th Leg., p. 109, ch. 53, Sec. 2, eff. Aug. 29, 1977.
2023 Texas Statutes › Education Code › Title 3 - Higher Education › Subtitle B - State Coordination of Higher Education › Chapter 61 - Texas Higher Education Coordinating Board › Subchapter I. Contracts for Medical Residency Programs › Section 61.505. Advisory Committee

Sec. 61.505.  ADVISORY COMMITTEE.  (a)  The Family Practice Residency Advisory Committee is created and shall consist of 12 members.  One member shall be a licensed physician appointed by the Texas Osteopathic Medical Association;  two members shall be licensed physicians appointed by the Association of Directors of Family Practice Training Programs;  two members shall be administrators of hospitals in which an approved family practice residency training program operates and shall be appointed by the Texas Hospital Association;  one member shall be a licensed physician appointed by the Texas Medical Association;  two members shall be licensed physicians appointed by the Texas Academy of Family Physicians;  three members of the public shall be appointed to the committee by the governor;  and by virtue of his office, the president of the Texas Academy of Family Physicians shall be a member of the committee.
(b)  The terms of office of each member, excluding the term of office of the president of the Texas Academy of Family Physicians, shall be for three years.  Each member shall serve until his replacement has been appointed to the committee.
(c)  The members of the committee shall not be compensated for their service, but shall be reimbursed by the board for actual expenses incurred in the performance of duties as members of the committee.
(d)  The committee shall meet at least annually and so often as requested by the board or called into meeting by the chairman.
(e)  The chairman shall be elected by the members of the committee for one year.
(f)  The committee shall:
(1)  review for the board applications for approval and funding of family practice residency training programs and related support programs;
(2)  make recommendations to the board relating to:
(A)  the standards and criteria for approval of residency training and related support programs;  and
(B)  the effectiveness of the programs the board administers that provide incentives to physicians to practice in underserved areas of this state; and
(3)  perform such other duties as may be directed by the board.
Added by Acts 1977, 65th Leg., p. 109, ch. 53, Sec. 2, eff. Aug. 29, 1977.  Amended by Acts 1983, 68th Leg., p. 882, ch. 203, Sec. 1, eff. May 24, 1983;  Acts 1989, 71st Leg., ch. 1084, Sec. 1.24, eff. Sept. 1, 1989.
2023 Texas Statutes › Education Code › Title 3 - Higher Education › Subtitle B - State Coordination of Higher Education › Chapter 61 - Texas Higher Education Coordinating Board › Subchapter I. Contracts for Medical Residency Programs › Section 61.506. Family Practice Residency Training Pilot Programs

Sec. 61.506.  FAMILY PRACTICE RESIDENCY TRAINING PILOT PROGRAMS.  (a)  The Family Practice Residency Advisory Committee shall work to enhance approved family practice residency programs and to establish not less than three or more than five pilot programs to provide a major source of indigent health care and to train family practice resident physicians.
(b)  Each of the pilot programs must provide services to an economically depressed or rural medically underserved area of the state.  One pilot program must be located in an urban area, one pilot program must be located in a rural area, and the remaining pilot program or programs must be located in the border region as defined by Section 481.001, Government Code.
(c)  An approved family practice residency program that wants to participate in or sponsor a pilot program must make a proposal to the advisory committee.
(d)  The advisory committee shall review all proposals submitted under Subsection (c) of this section and shall recommend to the board approved family practice residency programs to participate in or sponsor pilot programs.
(e)  The board shall select approved family practice residency programs to participate in or sponsor pilot programs on the basis of each program's commitment to indigent health care and to training family practice resident physicians.
(f)  The advisory committee shall use financial reports, audits, and performance evaluations currently required under this subchapter or by board rule to assess annually the financial feasibility and effective performance of the pilot programs.  The advisory committee may require additional reports as necessary.
(g)  Repealed by Acts 2019, 86th Leg., R.S., Ch. 573 (S.B. 241), Sec. 3.01(1), eff. September 1, 2019.
(h)  If the advisory committee determines that a pilot program is not financially feasible or that it does not perform effectively, the advisory committee shall recommend to the board discontinuation of funding for the pilot program.
Added by Acts 1993, 73rd Leg., ch. 665, Sec. 1, eff. Aug. 30, 1993.  Amended by Acts 1995, 74th Leg., ch. 349, Sec. 2, eff. Sept. 1, 1995.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 573 (S.B. 241), Sec. 3.01(1), eff. September 1, 2019.
2023 Texas Statutes › Education Code › Title 3 - Higher Education › Subtitle B - State Coordination of Higher Education › Chapter 61 - Texas Higher Education Coordinating Board › Subchapter J. Repayment of Certain Physician Education Loans › Section 61.531. Repayment Authorized

Sec. 61.531.  REPAYMENT AUTHORIZED.  (a)  The coordinating board may provide, using funds appropriated for that purpose and in accordance with this subchapter and rules of the board, assistance in the repayment of student loans for physicians who apply and qualify for the assistance.
(b)  Repealed by Acts 2009, 81st Leg., R.S., Ch. 285, Sec. 17, eff. September 1, 2009.
(c)  Repealed by Acts 2009, 81st Leg., R.S., Ch. 285, Sec. 17, eff. September 1, 2009.
Added by Acts 1985, 69th Leg., ch. 517, Sec. 1, eff. Sept. 1, 1985.  Amended by Acts 1995, 74th Leg., ch. 349, Sec. 3, eff. Sept. 1, 1995;  Acts 2001, 77th Leg., ch. 1420, Sec. 21.002(5), eff. Sept. 1, 2001.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 285 (H.B. 2154), Sec. 17, eff. September 1, 2009.
2023 Texas Statutes › Education Code › Title 3 - Higher Education › Subtitle B - State Coordination of Higher Education › Chapter 61 - Texas Higher Education Coordinating Board › Subchapter J. Repayment of Certain Physician Education Loans › Section 61.532. Eligibility

Sec. 61.532.  ELIGIBILITY.  (a)  To be eligible to receive repayment assistance, a physician must:
(1)  apply to the coordinating board;
(2)  at the time of application, be licensed to practice medicine under Subtitle B, Title 3, Occupations Code;
(3)  have completed one, two, three, or four consecutive years of practice:
(A)  in a health professional shortage area designated by the Department of State Health Services; or
(B)  in accordance with Subsection (b), after funds have been fully allocated for the program year to physicians qualifying under Paragraph (A); and
(4)  provide health care services to:
(A)  recipients under the medical assistance program authorized by Chapter 32, Human Resources Code;
(B)  enrollees under the child health plan program authorized by Chapter 62, Health and Safety Code; or
(C)  persons committed to a secure correctional facility operated by or under contract with the Texas Juvenile Justice Department or persons confined in a secure correctional facility operated by or under contract with any division of the Texas Department of Criminal Justice.
(b)  A physician may complete one or more years of practice required by Subsection (a)(3) in a location other than a health professional shortage area designated by the Department of State Health Services if, during the applicable year or years, the physician provides health care services to a designated number of patients who are recipients under the medical assistance program authorized by Chapter 32, Human Resources Code, or the Texas Women's Health Program according to criteria established by the board in consultation with the Health and Human Services Commission.  The Health and Human Services Commission shall verify a physician's compliance with this subsection, and the board and the commission shall enter into a memorandum of understanding for that purpose.
(c)  The board annually shall solicit and collect information regarding the specific number of patients described by Subsection (a)(4)(A) who are treated by each physician receiving loan repayment assistance under this subchapter.
Added by Acts 1985, 69th Leg., ch. 517, Sec. 1, eff. Sept. 1, 1985.  Amended by Acts 1993, 73rd Leg., ch. 585, Sec. 1, eff. June 13, 1993;  Acts 1995, 74th Leg., ch. 349, Sec. 4, eff. Sept. 1, 1995;  Acts 2003, 78th Leg., ch. 820, Sec. 23, eff. Sept. 1, 2003.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 285 (H.B. 2154), Sec. 1, eff. September 1, 2009.
Acts 2009, 81st Leg., R.S., Ch. 285 (H.B. 2154), Sec. 17, eff. September 1, 2009.
Acts 2011, 82nd Leg., R.S., Ch. 295 (H.B. 1908), Sec. 1, eff. June 17, 2011.
Acts 2013, 83rd Leg., R.S., Ch. 1015 (H.B. 2550), Sec. 4, eff. September 1, 2013.
2023 Texas Statutes › Education Code › Title 3 - Higher Education › Subtitle B - State Coordination of Higher Education › Chapter 61 - Texas Higher Education Coordinating Board › Subchapter J. Repayment of Certain Physician Education Loans › Section 61.533. Limitation

Sec. 61.533.  LIMITATION.  (a)  A physician may receive repayment assistance grants for not more than four years.
(b)  Repayment assistance grants paid in relation to services described by Section 61.532(4)(C) are limited to the first 10 physicians who establish eligibility for those grants each year.
Added by Acts 1985, 69th Leg., ch. 517, Sec. 1, eff. Sept. 1, 1985.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 285 (H.B. 2154), Sec. 2, eff. September 1, 2009.
Acts 2011, 82nd Leg., R.S., Ch. 295 (H.B. 1908), Sec. 2, eff. June 17, 2011.
2023 Texas Statutes › Education Code › Title 3 - Higher Education › Subtitle B - State Coordination of Higher Education › Chapter 61 - Texas Higher Education Coordinating Board › Subchapter J. Repayment of Certain Physician Education Loans › Section 61.534. Eligible Loans

Sec. 61.534.  ELIGIBLE LOANS.  (a)  The coordinating board may provide repayment assistance for the repayment of any student loan for education at an institution of higher education, including loans for undergraduate education, received by a physician through any lender.
(b)  The coordinating board may not provide repayment assistance for a student loan that is in default at the time of the physician's application.
(c)  Each fiscal biennium, the coordinating board shall attempt to allocate all funds appropriated to it for the purpose of providing repayment assistance under this subchapter.
Added by Acts 1985, 69th Leg., ch. 517, Sec. 1, eff. Sept. 1, 1985.  Amended by Acts 1989, 71st Leg., ch. 1027, Sec. 13, eff. Sept. 1, 1989;  Acts 1989, 71st Leg., ch. 1084, Sec. 1.26, eff. Sept. 1, 1989.
2023 Texas Statutes › Education Code › Title 3 - Higher Education › Subtitle B - State Coordination of Higher Education › Chapter 61 - Texas Higher Education Coordinating Board › Subchapter J. Repayment of Certain Physician Education Loans › Section 61.535. Repayment

Sec. 61.535.  REPAYMENT.  (a)  The coordinating board shall deliver any repayment made under this subchapter in a lump sum payable:
(1)  to both the physician and the lender or other holder of the affected loan; or
(2)  directly to the lender or other holder of the loan on the physician's behalf.
(b)  Repealed by Acts 2011, 82nd Leg., R.S., Ch. 581, Sec. 1, eff. June 17, 2011.
Added by Acts 1985, 69th Leg., ch. 517, Sec. 1, eff. Sept. 1, 1985.  Amended by Acts 1989, 71st Leg., ch. 1084, Sec. 1.27, eff. Sept. 1, 1989.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 285 (H.B. 2154), Sec. 3, eff. September 1, 2009.
Acts 2011, 82nd Leg., R.S., Ch. 581 (H.B. 3579), Sec. 1, eff. June 17, 2011.
2023 Texas Statutes › Education Code › Title 3 - Higher Education › Subtitle B - State Coordination of Higher Education › Chapter 61 - Texas Higher Education Coordinating Board › Subchapter J. Repayment of Certain Physician Education Loans › Section 61.536. Advisory Committees

Sec. 61.536.  ADVISORY COMMITTEES.  The coordinating board may  appoint advisory committees from outside the board's membership to assist the board in performing its duties under this subchapter.
Added by Acts 1985, 69th Leg., ch. 517, Sec. 1, eff. Sept. 1, 1985.  Amended by Acts 1989, 71st Leg., ch. 1027, Sec. 14, eff. Sept. 1, 1989;  Acts 1989, 71st Leg., ch. 1084, Sec. 1.28, eff. Sept. 1, 1989.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 285 (H.B. 2154), Sec. 4, eff. September 1, 2009.
2023 Texas Statutes › Education Code › Title 3 - Higher Education › Subtitle B - State Coordination of Higher Education › Chapter 61 - Texas Higher Education Coordinating Board › Subchapter J. Repayment of Certain Physician Education Loans › Section 61.5361. Acceptance of Funds

Sec. 61.5361.  ACCEPTANCE OF FUNDS.  The coordinating board may accept gifts, grants, and donations for the purposes of this subchapter.
Added by Acts 1989, 71st Leg., ch. 1084, Sec. 1.28, eff. Sept. 1, 1989.