By: Lucio S.B. No. 251
73R2214 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 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. SOUTH TEXAS COMMUNITY COLLEGE. (a) The
1-8 McAllen extension center of Texas State Technical College is
1-9 converted to a joint-county junior college located in Hidalgo and
1-10 Starr counties to be known as South Texas Community College.
1-11 (b) South Texas Community College's territory consists of
1-12 the area within the boundaries of Hidalgo and Starr counties.
1-13 (c) South Texas Community College is governed by an initial
1-14 board of trustees composed of nine members appointed by the
1-15 governor to serve until the earlier of January 1, 2000, or the
1-16 date that an election is held at which a majority of the votes cast
1-17 at the election favor the confirmation of the college.
1-18 (d) Not later than September 1, 1993, the governor shall
1-19 appoint not fewer than three members of the initial board of
1-20 trustees from Hidalgo County and not fewer than three members from
1-21 Starr County. A trustee shall, during the trustee's term of
1-22 office, reside in the county from which the trustee was elected.
1-23 (e) A vacancy on the initial board of trustees shall be
1-24 filled in the same manner as the original appointment for the
2-1 unexpired term. To be eligible for appointment, the individual
2-2 must be a resident of the county from which the original
2-3 appointment was made.
2-4 (f) Notwithstanding Section 130.003(b) of this code, South
2-5 Texas Community College is not required to be certified as a public
2-6 junior college under Section 61.063 of this code to be eligible for
2-7 and to receive a proportionate share of the appropriation under
2-8 Section 130.003 of this code.
2-9 (g) Notwithstanding Section 130.036 of this code, the board
2-10 of trustees of South Texas Community College shall call and hold an
2-11 election within Hidalgo and Starr counties not later than January
2-12 1, 1995, to confirm the creation of the college and to authorize
2-13 the election of the board of trustees from single-member districts,
2-14 the issuance of bonds, and the imposition of taxes.
2-15 (h) Notice of the election shall state the day and places
2-16 for holding the election and the proposition to be voted on and
2-17 shall list the appointed board of trustees. The board of trustees
2-18 shall publish the notice of the election one time in one or more
2-19 newspapers of general circulation in Hidalgo and Starr counties.
2-20 The notice must be published before the 35th day before the date
2-21 set for the election.
2-22 (i) The ballot shall specify that if South Texas Community
2-23 College is confirmed:
2-24 (1) the board of trustees must be composed of not less
2-25 than two trustees for each county;
2-26 (2) the trustees must be elected from single-member
2-27 districts;
3-1 (3) the board of trustees may contract with The
3-2 University of Texas--Pan American to provide remedial and
3-3 lower-level courses; and
3-4 (4) the board of trustees may contract with public
3-5 schools to provide technical preparation courses.
3-6 (j) Immediately after the election, the presiding judge of
3-7 each polling place shall deliver returns of the election to the
3-8 board of trustees, and the board of trustees shall canvass the
3-9 returns and declare the result. If a majority of the votes cast at
3-10 the election favor confirmation of South Texas Community College,
3-11 the board of trustees shall declare the college confirmed, enter
3-12 the results in its minutes, and call and hold an election in
3-13 accordance with Section 130.0822 of this code.
3-14 (k) If a majority of the votes cast at the election are
3-15 against the confirmation of South Texas Community College, the
3-16 board of trustees shall declare that the confirmation of the
3-17 college was defeated and shall enter the results in its minutes.
3-18 If a majority of the voters at the election vote against the
3-19 confirmation of South Texas Community College, the board of
3-20 trustees may call and hold additional confirmation elections.
3-21 (l) If South Texas Community College is not confirmed in
3-22 accordance with this section before January 1, 2002, the college is
3-23 abolished on that date.
3-24 (m) This section expires January 1, 2000.
3-25 SECTION 2. (a) Not later than the 30th day after the date
3-26 that a quorum of the initial board of trustees of South Texas
3-27 Community College have qualified for office, the governing board of
4-1 Texas State Technical College shall transfer the records, contracts
4-2 and other obligations, real and personal property, and employees of
4-3 the McAllen extension center to the initial board of trustees of
4-4 South Texas Community College.
4-5 (b) In contracts or other obligations transferred under this
4-6 section, the board of trustees of South Texas Community College is
4-7 substituted for and acts in the place of the governing board of
4-8 Texas State Technical College.
4-9 (c) Except as otherwise provided by law, each employee who
4-10 is transferred under this section is entitled to the same salary
4-11 that the employee was receiving before the transfer and is entitled
4-12 to participate in insurance coverage and other benefits in the same
4-13 manner as other employees of South Texas Community College.
4-14 (d) On the date that a quorum of the initial board of
4-15 trustees of South Texas Community College have qualified for
4-16 office, the unexpended and unobligated balance of the appropriation
4-17 for the fiscal biennium beginning September 1, 1993, to Texas State
4-18 Technical College--Harlingen for the McAllen extension center and
4-19 the McAllen physical plant is transferred and reappropriated to
4-20 South Texas Community College to operate the college.
4-21 (e) The initial board of trustees of South Texas Community
4-22 College shall direct the secretary of state to publish in the Texas
4-23 Register notice of:
4-24 (1) the creation of the college;
4-25 (2) the date that a quorum of the initial board have
4-26 qualified for office; and
4-27 (3) the abolition of the McAllen extension center of
5-1 Texas State Technical College.
5-2 SECTION 3. Section 135.02(a), Education Code, is amended to
5-3 read as follows:
5-4 (a) The Texas State Technical College System is composed of:
5-5 (1) a system office located in the city of Waco in
5-6 McLennan County;
5-7 (2) a campus located in the city of Amarillo in Potter
5-8 County;
5-9 (3) a campus located in the city of Harlingen in
5-10 Cameron County;
5-11 (4) a campus located in the city of Sweetwater in
5-12 Nolan County;
5-13 (5) an extension center located in the city of
5-14 Marshall in Harrison County; <and>
5-15 (6) <(5)> a campus located in the city of Waco in
5-16 McLennan County;
5-17 (7) <(6)> an extension center <centers> in the <city
5-18 of McAllen in Hidalgo County and the> city of Abilene in Taylor
5-19 County and an extension program offered through a rural technology
5-20 center in the city of Breckenridge in Stephens County; and
5-21 (8) <(7)> other campuses assigned to the system from
5-22 time to time by specific legislative Act.
5-23 SECTION 4. (a) Except as otherwise provided by this
5-24 section, this Act takes effect immediately.
5-25 (b) Sections 2 and 3 of this Act take effect on the date
5-26 that a quorum of the initial board of trustees of South Texas
5-27 Community College have qualified for office. If a quorum of the
6-1 initial board of trustees of South Texas Community College have not
6-2 qualified for office before January 1, 2000, Sections 2 and 3 of
6-3 this Act have no effect.
6-4 (c) If South Texas Community College is not confirmed by a
6-5 majority of the votes cast at an election held under this Act
6-6 before January 1, 2000, this Act expires on that date.
6-7 SECTION 5. The importance of this legislation and the
6-8 crowded condition of the calendars in both houses create an
6-9 emergency and an imperative public necessity that the
6-10 constitutional rule requiring bills to be read on three several
6-11 days in each house be suspended, and this rule is hereby suspended,
6-12 and that this Act take effect and be in force according to its
6-13 terms, and it is so enacted.