An institution of higher education may enter into an agreement with an employer to provide a credit or noncredit off-campus workforce education or lower-division program to the institution’s students at a site requested by the employer without the approval of a higher education regional council established under Subchapter N, regardless of whether the site at which the program would be offered is located within the institution’s uniform state service region or, if the institution is a public junior college, within the junior college district’s service area, if:
(1) the employer has solicited an agreement to offer the program at that site with another institution of higher education that offers the same or substantially equivalent coursework as that requested by the employer;
(2) the proposed site for the off-campus program is located within the uniform state service region in which the institution described by Subdivision (1) is located or, if the institution is a public junior college, within the junior college district’s service area; and
(3) the institution of higher education described by Subdivision (1) does not finalize an offer to enter into an agreement with the employer that meets the employer’s specifications for the off-campus program within six weeks after the employer’s initial written solicitation requesting the institution to offer the program.