1-1 By: Lucio, Truan, Madla S.B. No. 251
1-2 (In the Senate - Filed February 3, 1993; February 4, 1993,
1-3 read first time and referred to Committee on Education;
1-4 February 17, 1993, reported adversely, with favorable Committee
1-5 Substitute by the following vote: Yeas 9, Nays 0;
1-6 February 17, 1993, sent to printer.)
1-7 COMMITTEE VOTE
1-8 Yea Nay PNV Absent
1-9 Ratliff x
1-10 Haley x
1-11 Barrientos x
1-12 Bivins x
1-13 Harris of Tarrant x
1-14 Luna x
1-15 Montford x
1-16 Shapiro x
1-17 Sibley x
1-18 Turner x
1-19 Zaffirini x
1-20 COMMITTEE SUBSTITUTE FOR S.B. No. 251 By: Zaffirini
1-21 A BILL TO BE ENTITLED
1-22 AN ACT
1-23 relating to the conversion of the McAllen extension center of the
1-24 Texas State Technical College System to a joint-county junior
1-25 college.
1-26 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-27 SECTION 1. Subchapter C, Chapter 130, Education Code, is
1-28 amended by adding Section 130.0311 to read as follows:
1-29 Sec. 130.0311. SOUTH TEXAS COMMUNITY COLLEGE. (a) The
1-30 McAllen extension center of the Texas State Technical College
1-31 System is converted to a joint-county junior college located in
1-32 Hidalgo and Starr counties to be known as South Texas Community
1-33 College.
1-34 (b) South Texas Community College's territory consists of
1-35 the area within the boundaries of Hidalgo and Starr counties.
1-36 (c) South Texas Community College is governed by an initial
1-37 board of trustees composed of seven members appointed by the
1-38 governor to serve until the earlier of January 1, 2000, or the
1-39 date that an election is held at which a majority of the votes cast
1-40 at the election favor the confirmation of the college.
1-41 (d) Not later than September 1, 1993, the governor shall
1-42 appoint at least one member of the initial board of trustees from
1-43 Hidalgo County and at least one member from Starr County. A
1-44 trustee shall, during the trustee's term of office, reside in the
1-45 county from which the trustee was elected.
1-46 (e) A vacancy on the initial board of trustees shall be
1-47 filled in the same manner as the original appointment for the
1-48 unexpired term. To be eligible for appointment, the individual
1-49 must be a resident of the county from which the original
1-50 appointment was made.
1-51 (f) The board of trustees may employ staff to operate South
1-52 Texas Community College.
1-53 (g) Notwithstanding Section 130.003(b) of this code, South
1-54 Texas Community College is not required to be certified as a public
1-55 junior college under Section 61.063 of this code to be eligible for
1-56 and to receive a proportionate share of the appropriation under
1-57 Section 130.003 of this code.
1-58 (h) Notwithstanding Section 130.036 of this code, the board
1-59 of trustees of South Texas Community College shall call and hold an
1-60 election within Hidalgo and Starr counties not later than January
1-61 1, 1995, to confirm the creation of the college and to authorize
1-62 the election of the board of trustees from single-member districts,
1-63 the issuance of bonds, and the imposition of taxes.
1-64 (i) Notice of the election shall state the day and places
1-65 for holding the election and the proposition to be voted on and
1-66 shall list the appointed board of trustees. The board of trustees
1-67 shall publish the notice of the election one time in one or more
1-68 newspapers of general circulation in Hidalgo and Starr counties.
2-1 The notice must be published before the 35th day before the date
2-2 set for the election.
2-3 (j) The ballot shall specify that if South Texas Community
2-4 College is confirmed:
2-5 (1) the board of trustees must be composed of at least
2-6 one trustee for each county;
2-7 (2) the trustees must be elected from single-member
2-8 districts;
2-9 (3) the board of trustees may contract with The
2-10 University of Texas--Pan American to provide remedial and
2-11 lower-level courses; and
2-12 (4) the board of trustees may contract with public
2-13 schools to provide technical preparation courses.
2-14 (k) Immediately after the election, the presiding judge of
2-15 each polling place shall deliver returns of the election to the
2-16 board of trustees, and the board of trustees shall canvass the
2-17 returns and declare the result. If a majority of the votes cast at
2-18 the election favor confirmation of South Texas Community College,
2-19 the board of trustees shall declare the college confirmed, enter
2-20 the results in its minutes, and call and hold an election in
2-21 accordance with Section 130.0822 of this code.
2-22 (l) If a majority of the votes cast at the election are
2-23 against the confirmation of South Texas Community College, the
2-24 board of trustees shall declare that the confirmation of the
2-25 college was defeated and shall enter the results in its minutes.
2-26 If a majority of the voters at the election vote against the
2-27 confirmation of South Texas Community College, the board of
2-28 trustees may call and hold additional confirmation elections.
2-29 (m) If South Texas Community College is not confirmed in
2-30 accordance with this section before August 31, 2001, the college is
2-31 abolished on that date.
2-32 (n) This section expires January 1, 2002.
2-33 SECTION 2. (a) Not later than the 30th day after the date
2-34 that a quorum of the initial board of trustees of South Texas
2-35 Community College has qualified for office, the governing board of
2-36 the Texas State Technical College System shall transfer the
2-37 records, contracts and other obligations, and real and personal
2-38 property of the McAllen extension center to the initial board of
2-39 trustees of South Texas Community College.
2-40 (b) In contracts or other obligations transferred under this
2-41 section, the board of trustees of South Texas Community College is
2-42 substituted for and acts in the place of the governing board of the
2-43 Texas State Technical College System.
2-44 (c) On the date that a quorum of the initial board of
2-45 trustees of South Texas Community College has qualified for office,
2-46 the unexpended and unobligated balance of the appropriation for the
2-47 fiscal biennium beginning September 1, 1993, to Texas State
2-48 Technical College--Harlingen for the McAllen extension center and
2-49 the McAllen physical plant is transferred and reappropriated to
2-50 South Texas Community College to operate the college.
2-51 (d) The initial board of trustees of South Texas Community
2-52 College shall direct the secretary of state to publish in the Texas
2-53 Register notice of:
2-54 (1) the creation of the college;
2-55 (2) the date that a quorum of the initial board has
2-56 qualified for office; and
2-57 (3) the abolition of the McAllen extension center of
2-58 the Texas State Technical College System.
2-59 SECTION 3. Subsection (a), Section 135.02, Education Code,
2-60 is amended to read as follows:
2-61 (a) The Texas State Technical College System is composed of:
2-62 (1) a system office located in the city of Waco in
2-63 McLennan County;
2-64 (2) a campus located in the city of Amarillo in Potter
2-65 County;
2-66 (3) a campus located in the city of Harlingen in
2-67 Cameron County;
2-68 (4) a campus located in the city of Sweetwater in
2-69 Nolan County;
2-70 (5) an extension center located in the city of
3-1 Marshall in Harrison County; <and>
3-2 (6) <(5)> a campus located in the city of Waco in
3-3 McLennan County;
3-4 (7) <(6)> an extension center <centers> in the <city
3-5 of McAllen in Hidalgo County and the> city of Abilene in Taylor
3-6 County and an extension program offered through a rural technology
3-7 center in the city of Breckenridge in Stephens County; and
3-8 (8) <(7)> other campuses assigned to the system from
3-9 time to time by specific legislative Act.
3-10 SECTION 4. (a) Except as otherwise provided by this
3-11 section, this Act takes effect immediately.
3-12 (b) Sections 2 and 3 of this Act take effect on the date
3-13 that a quorum of the initial board of trustees of South Texas
3-14 Community College has qualified for office. If a quorum of the
3-15 initial board of trustees of South Texas Community College has not
3-16 qualified for office before August 31, 2001, Sections 2 and 3 of
3-17 this Act have no effect.
3-18 (c) If South Texas Community College is not confirmed by a
3-19 majority of the votes cast at an election held under this Act
3-20 before August 31, 2001, this Act expires on that date.
3-21 SECTION 5. The importance of this legislation and the
3-22 crowded condition of the calendars in both houses create an
3-23 emergency and an imperative public necessity that the
3-24 constitutional rule requiring bills to be read on three several
3-25 days in each house be suspended, and this rule is hereby suspended,
3-26 and that this Act take effect and be in force according to its
3-27 terms, and it is so enacted.
3-28 * * * * *
3-29 Austin,
3-30 Texas
3-31 February 17,
3-32 1993
3-33 Hon. Bob Bullock
3-34 President of the Senate
3-35 Sir:
3-36 We, your Committee on Education to which was referred S.B. No. 251,
3-37 have had the same under consideration, and I am instructed to
3-38 report it back to the Senate with the recommendation that it do not
3-39 pass, but that the Committee Substitute adopted in lieu thereof do
3-40 pass and be printed.
3-41 Ratliff,
3-42 Chairman
3-43 * * * * *
3-44 WITNESSES
3-45 FOR AGAINST ON
3-46 ___________________________________________________________________
3-47 Name: Rueben Hinojosa x
3-48 Representing: Proposed S.TX Comm. College
3-49 City: Mercedes
3-50 -------------------------------------------------------------------
3-51 Name: Judge J.M. Martinez x
3-52 Representing: Starr County
3-53 City: Rio Grande City
3-54 -------------------------------------------------------------------
3-55 Name: J. Gilbert Leal x
3-56 Representing: TSTC
3-57 City: Harlingen
3-58 -------------------------------------------------------------------
3-59 Name: J. Edgar Ruiz x
3-60 Representing: County of Hidalgo
3-61 City: Edinburg
3-62 -------------------------------------------------------------------
3-63 FOR AGAINST ON
3-64 ___________________________________________________________________
3-65 Name: Mike R. Perez x
3-66 Representing: City of McAllen
3-67 City: McAllen
3-68 -------------------------------------------------------------------
3-69 Name: Kenneth Ashworth x
3-70 Representing: Higher Education Board
4-1 City: Austin
4-2 -------------------------------------------------------------------
4-3 Name: Nancy Atlas x
4-4 Representing: TX. Higher Education Board
4-5 City: Houston
4-6 -------------------------------------------------------------------