Bill Text: TX HB382 | 2015-2016 | 84th Legislature | Enrolled
Bill Title: Relating to public junior college district branch campuses, including a requirement that the South Texas Community College District adopt and implement a plan to expand opportunity for instructional programs in a certain location.
Spectrum: Moderate Partisan Bill (Democrat 5-1)
Status: (Enrolled - Dead) 2015-06-20 - Effective on 9/1/15 [HB382 Detail]
Download: Texas-2015-HB382-Enrolled.html
H.B. No. 382 |
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relat | ||
ing to public junior college district branch campuses, | ||
including a requirement that the South Texas Community College | ||
District adopt and implement a plan to expand opportunity for | ||
instructional programs in a certain location. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Chapter 130, Education Code, is amended by | ||
adding Subchapter K to read as follows: | ||
SUBCHAPTER K. BRANCH CAMPUSES | ||
Sec. 130.254. SOUTH TEXAS COMMUNITY COLLEGE DISTRICT; | ||
INSTRUCTIONAL PROGRAMS IN EDCOUCH OR ELSA. The board of trustees of | ||
the South Texas Community College District shall adopt and | ||
implement a plan to expand opportunity for instructional programs | ||
consisting of postsecondary courses leading to an associate degree | ||
offered in a classroom setting within the corporate limits of the | ||
municipality of Edcouch or Elsa. Any instructional program provided | ||
under this section is subject to the requirements of Section | ||
130.251. | ||
SECTION 2. Sections 130.086, 130.0865, and 130.087, | ||
Education Code, are transferred to Subchapter K, Chapter 130, | ||
Education Code, as added by this Act, redesignated as Sections | ||
130.251, 130.252, and 130.253, Education Code, and amended to read | ||
as follows: | ||
Sec. 130.251 [ |
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board of trustees of a junior college district may establish and | ||
operate branch campuses, centers, or extension facilities within | ||
the junior college district's service area, provided that each | ||
branch campus, center, or extension facility and each course or | ||
program offered in such locations is subject to the prior and | ||
continuing approval of the Texas Higher Education Coordinating | ||
Board. | ||
(b) Such branch campuses, centers, or extension facilities | ||
shall be within the role and scope of the junior college as | ||
determined by the Texas Higher Education Coordinating Board | ||
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(c) The board of trustees of a junior college district may | ||
accept or acquire by purchase or rent land and facilities in the | ||
name of the junior college district within the junior college | ||
district's service area. | ||
(d) Before any course may be offered by a public junior | ||
college within the service area of another operating public junior | ||
college, it must be established that the second public junior | ||
college is not capable of or is unable to offer the course. After | ||
the need is established and the course is not locally available, | ||
then the first public junior college may offer the course when | ||
approval is granted by the Texas Higher Education Coordinating | ||
Board. | ||
(e) The board of trustees of a junior college district may | ||
enter cooperative agreement with independent, common, or county | ||
school districts, state or federal agencies as may be required to | ||
perform the services as outlined in this section. | ||
(f) Notwithstanding Subchapter J, the service area of a | ||
junior college district does not include territory within the | ||
boundaries of the taxing district of another junior college | ||
district. If a branch campus, center, or extension facility | ||
operated by a junior college district outside its taxing district | ||
becomes located within the taxing district of another junior | ||
college district when the other district is established or annexes | ||
the territory that includes the campus, center, or facility, the | ||
junior college district operating the campus, center, or facility | ||
must discontinue the campus, center, or facility within a | ||
reasonable period, not to exceed one academic year. The junior | ||
college district in which the campus, center, or facility is | ||
located must fairly compensate the junior college district that | ||
discontinues the campus, center, or facility for any capital | ||
improvements that the discontinuing district acquired or | ||
constructed for the campus, center, or facility, to the extent the | ||
discontinuing district is otherwise unable to recover the current | ||
value of its investment in that capital improvement, as determined | ||
by the Texas Higher Education Coordinating Board. | ||
(g) Subsections (a) and (c) do not apply to a branch campus, | ||
center, or extension facility that is established before September | ||
1, 1999. | ||
(h) This section does not affect the authority of the Texas | ||
Higher Education Coordinating Board regarding the continued | ||
operation of a branch campus, center, or extension facility. | ||
Sec. 130.252 [ |
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ISSUED FOR BRANCH CAMPUS, CENTER, OR EXTENSION FACILITY. Bonds | ||
payable from revenue and issued by the governing body of a county or | ||
school district to finance the purchase of land or the construction | ||
of a facility to be used for a branch campus, center, or extension | ||
facility authorized under Section 130.251 [ |
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by a trust indenture, a deed of trust, or a mortgage granting a | ||
security interest in the applicable land or facility. | ||
Sec. 130.253 [ |
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TAX. (a) The governing body of a school district or a county may | ||
levy a junior college district branch campus maintenance tax as | ||
provided by this section at a rate not to exceed five cents on each | ||
$100 valuation of all taxable property in its jurisdiction. | ||
(b) On presentation of a petition for an election to | ||
authorize a junior college district branch campus maintenance tax | ||
signed by not fewer than five percent of the qualified voters of the | ||
jurisdiction in which the proposed tax is to be levied, the | ||
governing body of the school district or county, as applicable, | ||
shall determine the legality and the genuineness of the petition | ||
and, if it is determined to be legal and genuine, forward the | ||
petition to the Texas Higher Education Coordinating Board. The | ||
governing body of a county with a population of 150,000 or less, on | ||
completion of a needs assessment analysis showing adequate need and | ||
on approval by the coordinating board, on its own motion and without | ||
the presentation of a petition, may propose an election to | ||
authorize a branch campus maintenance tax. | ||
(c) The Texas Higher Education Coordinating Board | ||
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provided by Subsections (a) and (b) [ |
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satisfied and whether the proposed tax is feasible and desirable | ||
under the coordinating board's rules for junior colleges. In | ||
making its decision on the feasibility and desirability of the tax, | ||
the coordinating board shall consider the needs of the junior | ||
college, the needs of the community or communities served by the | ||
branch campus, and the welfare of the state as a whole. The | ||
commissioner of higher education shall deliver to the governing | ||
body of the school district or county, as applicable, the order of | ||
the coordinating board authorizing or denying further action in the | ||
levying of a junior college district branch campus maintenance tax. | ||
(d) If the coordinating board approves the establishment of | ||
the junior college district branch campus maintenance tax, the | ||
governing body of the school district or county, as applicable, | ||
shall enter an order for an election to be held in the territory | ||
under its jurisdiction not less than 20 days nor more than 60 days | ||
after the date on which the order is entered to determine whether | ||
the junior college district branch campus maintenance tax may be | ||
levied. In the case of joint school district or joint county | ||
elections, by mutual agreement of the governing bodies, the | ||
elections shall be held on the same date throughout the | ||
jurisdictions. | ||
(e) The president of the board of trustees of the school | ||
district or the county judge, as applicable, shall give notice of | ||
the election in the manner provided by law for notice by the county | ||
judge of general elections. | ||
(f) The governing body of the school district or county, as | ||
applicable, shall procure the election supplies necessary to | ||
conduct the election and shall determine the quantity of the | ||
various types of supplies to be provided for use at each precinct | ||
polling place and early voting polling place. | ||
(g) Any qualified voter residing within the boundaries of | ||
the jurisdiction in which the tax may be levied is entitled to vote | ||
at the election. | ||
(h) The ballot shall be printed to provide for voting for or | ||
against the proposition: "The levy of a junior college district | ||
branch campus maintenance tax in an amount not to exceed (insert a | ||
number not higher than five) cents on each $100 valuation of all | ||
taxable property in __________." (insert name of school district or | ||
name of county, as applicable). | ||
(i) To be adopted, the measure must receive a favorable vote | ||
of a majority of those voting on the measure. | ||
(j) Not later than the 10th day after the date of the | ||
election, the governing body shall canvass the returns of the | ||
election and shall enter an order declaring the result of the | ||
election. | ||
(k) The proceeds of the junior college district branch | ||
campus maintenance tax may be used only as follows: | ||
(1) to operate and maintain a junior college district | ||
branch campus and support its programs and services in the area of | ||
the political subdivision that levied the tax; and | ||
(2) under an agreement by the applicable junior | ||
college district and the political subdivision levying the tax, to | ||
make lease payments to the political subdivision for facilities | ||
used exclusively by the branch campus that are owned by the | ||
political subdivision. | ||
(l) The governing body of the school district or county | ||
approving the junior college district branch campus maintenance tax | ||
shall set the tax levy. | ||
(m) The junior college district shall maintain and furnish | ||
any records and reports required by the Texas Higher Education | ||
Coordinating Board [ |
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to the governing body of the jurisdiction in which the tax is | ||
levied, and to members of the general public on request. | ||
(n) This section does not affect the authority of any | ||
jurisdiction levying a junior college district branch campus | ||
maintenance tax to create a junior college district in the | ||
jurisdiction. | ||
SECTION 3. Section 45.105(f), Education Code, is amended to | ||
read as follows: | ||
(f) Funds from a junior college district branch campus | ||
maintenance tax levied by a school district board of trustees under | ||
Section 130.253 [ |
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SECTION 4. Section 51.406(b), Education Code, is amended to | ||
read as follows: | ||
(b) To the extent that any of the following laws require | ||
reporting by a university system or an institution of higher | ||
education, a university system or institution of higher education | ||
is not required to make the report on or after September 1, 2013, | ||
unless legislation enacted by the 83rd Legislature that becomes law | ||
expressly requires the institution or system to make the report: | ||
(1) Section 7.109; | ||
(2) Section 33.083; | ||
(3) Section 59.07; | ||
(4) Section 130.251 [ |
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(5) Section 325.007, Government Code; | ||
(6) Section 669.003, Government Code; | ||
(7) Section 2005.007, Government Code; | ||
(8) Section 2054.097, Government Code; | ||
(9) Chapter 2114, Government Code; and | ||
(10) Section 2205.041, Government Code. | ||
SECTION 5. Section 130.254, Education Code, as added by | ||
this Act, applies beginning with the 2019-2020 academic year. | ||
SECTION 6. This Act takes effect September 1, 2015. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I certify that H.B. No. 382 was passed by the House on May 8, | ||
2015, by the following vote: Yeas 140, Nays 2, 2 present, not | ||
voting; that the House refused to concur in Senate amendments to | ||
H.B. No. 382 on May 27, 2015, and requested the appointment of a | ||
conference committee to consider the differences between the two | ||
houses; and that the House adopted the conference committee report | ||
on H.B. No. 382 on May 31, 2015, by the following vote: Yeas 144, | ||
Nays 0, 2 present, not voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
I certify that H.B. No. 382 was passed by the Senate, with | ||
amendments, on May 22, 2015, by the following vote: Yeas 23, Nays | ||
8; at the request of the House, the Senate appointed a conference | ||
committee to consider the differences between the two houses; and | ||
that the Senate adopted the conference committee report on H.B. No. | ||
382 on May 31, 2015, by the following vote: Yeas 23, Nays 8. | ||
______________________________ | ||
Secretary of the Senate | ||
APPROVED: __________________ | ||
Date | ||
__________________ | ||
Governor |