Bill Text: TX HB3634 | 2011-2012 | 82nd Legislature | Introduced
Bill Title: Relating to including additional territory in the state in a junior college district.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2011-03-23 - Referred to Higher Education [HB3634 Detail]
Download: Texas-2011-HB3634-Introduced.html
By: Villarreal | H.B. No. 3634 |
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relating to including additional territory in the state in a junior | ||
college district. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 130.003(b), Education Code, is amended | ||
to read as follows: | ||
(b) To be eligible for and to receive a proportionate share | ||
of the appropriation, a public junior college must: | ||
(1) be certified as a public junior college as | ||
prescribed in Section 61.063; | ||
(2) offer a minimum of 24 semester hours of vocational | ||
and/or terminal courses; | ||
(3) have complied with all existing laws, rules, and | ||
regulations governing the establishment and maintenance of public | ||
junior colleges; | ||
(4) collect, from each full-time and part-time student | ||
enrolled, matriculation and other session fees in the amounts | ||
required by law or in the amounts set by the governing board of the | ||
junior college district as authorized by this title; | ||
(5) grant, when properly applied for, the scholarships | ||
and tuition exemptions provided for in this code; and | ||
(6) [ |
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provided by law for the operation and maintenance of the public | ||
junior college. | ||
SECTION 2. Section 130.0032(c), Education Code, is amended | ||
to read as follows: | ||
(c) The governing board of a public junior college district | ||
may allow a person who resides outside the district to pay tuition | ||
and fees at a rate less than the rate applicable to other persons | ||
residing outside the district, but not less than the rate | ||
applicable to a student who resides in the district, if the person[ |
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rules adopted by the Texas Higher Education Coordinating Board. | ||
SECTION 3. Section 130.061, Education Code, is amended to | ||
read as follows: | ||
Sec. 130.061. INCLUSION OF TERRITORY IN [ |
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board" means the Texas Higher Education Coordinating Board. | ||
(b) Not later than January 1, 2013, the registered voters of | ||
a county or part of a county that is not located in a junior college | ||
district may petition to join an existing junior college district | ||
or to establish a new junior college district under the other | ||
provisions of this chapter. | ||
(c) This section does not apply to a county in which a public | ||
state college or public technical institute, as those terms are | ||
defined by Section 61.003, is located. | ||
(d) If a county or portion of a county is not located in a | ||
junior college district as of January 1, 2013, the coordinating | ||
board shall take action as provided by this section to include that | ||
territory in a junior college district not later than January 1, | ||
2016. For that purpose, the coordinating board shall adopt rules | ||
prescribing procedures and prerequisites for establishing a new | ||
junior college district or for annexing territory to an existing | ||
junior college district in a manner that provides the greatest | ||
benefit to the state and the residents of the territory involved. | ||
(e) In adopting rules under this section, the coordinating | ||
board shall consider: | ||
(1) the scholastic population and taxable property | ||
valuation of the territory; | ||
(2) existing junior college district service areas; | ||
(3) the location of existing junior college districts | ||
and of the campuses, branch campuses, and other facilities and | ||
programs of those districts; | ||
(4) the efficient delivery of services and the | ||
prevention of duplication of services; and | ||
(5) the preferences of the residents of the territory | ||
as expressed by any means, including at public hearings or through | ||
petitions. [ |
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SECTION 4. Section 130.069, Education Code, is amended to | ||
read as follows: | ||
Sec. 130.069. TRANSFER [ |
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TERRITORY. On receipt of a petition signed by a number of | ||
registered voters of the territory equal to at least five percent of | ||
the total number of votes cast for all candidates for governor in | ||
the most recent gubernatorial general election, the Texas Higher | ||
Education Coordinating Board by order may disannex territory of a | ||
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district and transfer that [ |
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disannexation: | ||
(1) will not cause any territory of a district to | ||
become noncontiguous to the rest of the district; | ||
(2) will not reduce the scholastic population and | ||
taxable property valuation of a district below those required for | ||
original establishment of a junior college district; and | ||
(3) will make junior college educational | ||
opportunities more accessible to the residents of the territory, as | ||
determined by the coordinating board. | ||
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SECTION 5. Section 130.122, Education Code, is amended by | ||
adding Subsection (a-1) and amending Subsection (b) to read as | ||
follows: | ||
(a-1) If the boundaries of a junior college district are | ||
adjusted under Sec. 130.061, the district shall adjust the tax rate | ||
to ensure the projected tax revenue is lower than the sum of the | ||
prior fiscal year's tax revenue, revenue from supplemental tuition | ||
charged to students from locations annexed under Sec. 130.061, and | ||
adjustments in state assistance to the district since the previous | ||
fiscal year. The adjusted tax rate shall be adopted no later than | ||
180 days after appraisal districts certify the assessed value of | ||
property within the junior college district. | ||
(b) No [ |
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the electors voting at an election held for that [ |
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accordance with law, at the expense of the district. Each [ |
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election shall be called by resolution or order of the board, which | ||
shall set forth the date of the election, the proposition or | ||
propositions to be submitted and voted on, the polling place or | ||
places, and any other matters deemed necessary or advisable by the | ||
board. Notice of the [ |
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substantial copy of the election resolution or order one time, at | ||
least 10 days prior to the date set for the election, in a newspaper | ||
of general circulation in the district. The board shall canvass the | ||
returns and declare the results of the [ |
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SECTION 6. Effective January 2, 2013, the following | ||
provisions of the Education Code are repealed: | ||
(1) Sections 130.00311, 130.062, 130.063, 130.064, | ||
130.065, 130.066, 130.067, 130.068, and 130.122(f); | ||
(2) Subchapter H, Chapter 130; and | ||
(3) Subchapter J, Chapter 130. | ||
SECTION 7. The Texas Higher Education Coordinating Board | ||
shall adopt rules for the administration of Sections 130.061 and | ||
130.069, Education Code, as amended 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 law for emergency rules. | ||
SECTION 8. (a) Except as otherwise provided by this Act, | ||
and subject to Subsection (b) of this section, this Act takes effect | ||
January 1, 2012. | ||
(b) This Act takes effect only if the constitutional | ||
amendment proposed by the 82nd Legislature, Regular Session, 2011, | ||
providing for the legislature to pass laws relating to junior | ||
college districts, including laws for the assessment and collection | ||
of taxes by a junior college district without the necessity of an | ||
election, is approved by the voters. If that amendment is not | ||
approved by the voters, this Act has no effect. |