By:  Gutierrez                                        H.B. No. 1102
       73R4920 SOS-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the conversion of the McAllen extension center of Texas
    1-3  State Technical College System to a joint-county junior college.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Subchapter C, Chapter 130, Education Code, is
    1-6  amended by adding Section  130.0311 to read as follows:
    1-7        Sec. 130.0311.  CERTAIN JOINT-COUNTY JUNIOR COLLEGES.  (a)
    1-8  For the statewide purposes of educating the residents of this state
    1-9  and promoting better relations with the United Mexican States, a
   1-10  joint-county junior college is created in each location that
   1-11  contains two contiguous counties that have a combined population of
   1-12  424,000 or more and that have five or fewer international border
   1-13  crossings.
   1-14        (b)  The territory of a junior college created under this
   1-15  section consists of the area within the boundaries of the two
   1-16  counties.
   1-17        (c)  A junior college created under this section shall offer
   1-18  vocational, technical, and academic courses for certification or
   1-19  associate degrees.
   1-20        (d)  A junior college created under this section is governed
   1-21  by an initial board of trustees composed of seven members who are
   1-22  appointed by the governor to serve until the earlier of January 1,
   1-23  2000, or the date that an election is held under Subsection (f) of
   1-24  this section.
    2-1        (e)  A vacancy on the initial board of trustees shall be
    2-2  filled in the same manner as the original appointment for the
    2-3  unexpired term.
    2-4        (f)  Notwithstanding Section 130.036 of this code, the
    2-5  qualified electors of the counties within the territory of the
    2-6  junior college by petition may establish the junior college as a
    2-7  joint-county junior college under Section 130.033 of this code.
    2-8  The college shall be governed by a board of trustees as provided by
    2-9  Section 130.040 of this code.
   2-10        (g)  If South Texas Community College is not established as a
   2-11  joint-county junior college under Subsection (f) of this section
   2-12  before January 1, 2000, the junior college is abolished and this
   2-13  section expires on that date.
   2-14        SECTION 2.  (a)  Not later than the 30th day after the date
   2-15  that a quorum of the initial board of trustees of a junior college
   2-16  created under Section 130.0311, Education Code, as added by this
   2-17  Act, have qualified for office, the governing board of Texas State
   2-18  Technical College System shall determine which junior college
   2-19  created under that section has the greatest educational need and
   2-20  shall transfer the records, contracts and other obligations, real
   2-21  and personal property, and employees of the McAllen extension
   2-22  center to the initial board of trustees of that junior college.
   2-23        (b)  In contracts or other obligations transferred under this
   2-24  section, the board of trustees of the junior college selected by
   2-25  the governing board of Texas State Technical College System is
   2-26  substituted for and acts in the place of the governing board of
   2-27  Texas State Technical College System.
    3-1        (c)  Except as otherwise provided by law, each employee who
    3-2  is transferred under this section is entitled to the same salary
    3-3  that the employee was receiving before the transfer and is entitled
    3-4  to participate in insurance coverage and other benefits in the same
    3-5  manner as other employees of the junior college selected under this
    3-6  section.
    3-7        (d)  On the date that a quorum of the initial board of
    3-8  trustees of the junior college selected under this section have
    3-9  qualified for office, the unexpended and unobligated balance of the
   3-10  appropriation for the fiscal biennium beginning September 1, 1993,
   3-11  to Texas State Technical College System--Harlingen for the McAllen
   3-12  extension center and the McAllen physical plant is transferred and
   3-13  reappropriated to the junior college selected under this section to
   3-14  operate the college.
   3-15        (e)  The initial board of trustees of the junior college
   3-16  selected under this section shall direct the secretary of state to
   3-17  publish in the Texas Register notice of:
   3-18              (1)  the creation of the college;
   3-19              (2)  the date that a quorum of the initial board have
   3-20  qualified for office; and
   3-21              (3)  the abolition of the McAllen extension center of
   3-22  Texas State Technical College System.
   3-23        SECTION 3.  Subchapter A, Chapter 130, Education Code, is
   3-24  amended by adding Section 130.0032 to read as follows:
   3-25        Sec. 130.0032.  STATE APPROPRIATION FOR SOUTH TEXAS COMMUNITY
   3-26  COLLEGE.  (a)  Notwithstanding Section 130.003(b) of this code, a
   3-27  junior college created under Section 130.0311 of this code is not
    4-1  required to levy and collect ad valorem taxes as provided by law
    4-2  for the operation and maintenance of a public junior college to be
    4-3  eligible for and to receive a proportionate share of the
    4-4  appropriation under Section 130.003 of this code.
    4-5        (b)  This section expires January 1, 2000.
    4-6        SECTION 4.  Section 135.02(a), Education Code, is amended to
    4-7  read as follows:
    4-8        (a)  The Texas State Technical College System is composed of:
    4-9              (1)  a system office located in the city of Waco in
   4-10  McLennan County;
   4-11              (2)  a campus located in the city of Amarillo in Potter
   4-12  County;
   4-13              (3)  a campus located in the city of Harlingen in
   4-14  Cameron County;
   4-15              (4)  a campus located in the city of Sweetwater in
   4-16  Nolan County;
   4-17              (5)  an extension center located in the city of
   4-18  Marshall in Harrison County; <and>
   4-19              (6) <(5)>  a campus located in the city of Waco in
   4-20  McLennan County;
   4-21              (7) <(6)>  an extension center <centers> in the <city
   4-22  of McAllen in Hidalgo County and the> city of Abilene in Taylor
   4-23  County and an extension program offered through a rural technology
   4-24  center in the city of Breckenridge in Stephens County; and
   4-25              (8) <(7)>  other campuses assigned to the system from
   4-26  time to time by specific legislative Act.
   4-27        SECTION 5.  (a)  Except as otherwise provided by this
    5-1  section, this Act takes effect immediately.
    5-2        (b)  Sections 2, 3, and 4 of this Act take effect on the date
    5-3  that a quorum of the initial board of trustees of the junior
    5-4  college selected by the governing board of Texas State Technical
    5-5  College System have qualified for office.  If a quorum of the
    5-6  initial board of trustees of that junior college have not qualified
    5-7  for office before January 1, 2000, Sections 2, 3, and 4 of this Act
    5-8  have no effect.
    5-9        SECTION 6.  The importance of this legislation and the
   5-10  crowded condition of the calendars in both houses create an
   5-11  emergency and an imperative public necessity that the
   5-12  constitutional rule requiring bills to be read on three several
   5-13  days in each house be suspended, and this rule is hereby suspended,
   5-14  and that this Act take effect and be in force according to its
   5-15  terms, and it is so enacted.