The Texas Higher Education Coordinating Board (Coordinating Board) adopts on an emergency basis, amendments to §§5.42, 5.44 - 5.46, 5.54, and 5.55, concerning approval of new academic programs at public universities, health-related institutions, and review of existing degree programs. The amendments are adopted on an emergency basis pursuant to §2001.034 of the Texas Government Code, which allows a state agency to adopt an emergency rule if a requirement of state or federal law requires adoptions of the rule on less than 30 days notice.

The Coordinating Board made the finding that the amendments to these sections should be adopted on an emergency basis, pursuant to §2001.034 of the Texas Government Code, because Senate Bill 215 of the 83rd Texas Legislature passed both houses and was signed by the Governor. The next regular quarterly meeting of the Board is scheduled for October 24, 2013, which would not allow institutions of higher education adequate time for implementation to be in accord with the effective date of the bill. Therefore, the amendments to these sections must be adopted on less than 30 days notice pursuant to §2001.034 of the Texas Government Code.

The intent of the amendments is to incorporate into existing rules changes and provisions enacted by Senate Bill 215, 83rd Texas Legislature, Regular Session.

Section 5.42 is revised to reflect changes in the statutes that provide the Board with authority to approve new programs.

Section 5.44 is revised to provide new procedures for requests for new certificate, bachelor's, master's, and doctoral programs which include: institutions must submit new program requests with all of the necessary information and documentation to demonstrate that the request meets all of the criteria required by §5.45, Coordinating Board staff will review for completeness within five business days of receipt, and the right of the Coordinating Board staff to audit a degree program.

Section 5.45 is amended to clarify that all new baccalaureate and master's program requests must include documentation that show that the proposed programs meet all the criteria in this section.

An amendment is made to §5.46 to require that institutions making requests for new doctoral programs provide data regarding the enrollments, number of graduates, and capacity to accept additional students of other similar doctoral programs in Texas with new program requests. Undergraduate success measures are deleted as an essential criterion of approval of new doctoral degree programs.

Section 5.54 is amended to expand rules for doctoral program closure with notification requirements.

Section 5.55 is amended to specify additional proposed changes to approved programs that must be approved by the Board.

The amendments are adopted on an emergency basis under the Texas Education Code, Chapter 61, §§61.0512, 61.055, and 130.0012, which provides the Coordinating Board with the authority to adopt rules to administer the sections.