By Bivins S.B. No. 850
74R7428 SMH-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the provision of vocational, technical, and other
1-3 freshman- and sophomore-level education by certain public
1-4 institutions of higher education, the reorganization of the Texas
1-5 State Technical College System, and the establishment of an
1-6 advanced or emerging technology grant fund to support certain
1-7 public technical institute and public junior college programs.
1-8 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-9 ARTICLE 1. TEXAS STATE TECHNICAL COLLEGE SYSTEM PROGRAMS
1-10 SECTION 1.01. AMENDMENT. Subchapter A, Chapter 135,
1-11 Education Code, is amended by adding Section 135.09 to read as
1-12 follows:
1-13 Sec. 135.09. OFFERING OF CERTAIN PROGRAMS PROHIBITED. (a)
1-14 The board of regents of the Texas State Technical College System
1-15 may not offer certificate or associate degree programs, other than
1-16 vocational or vocational-technical programs, at a campus of the
1-17 system, except as provided by Subsection (b).
1-18 (b) The board of regents of the Texas State Technical
1-19 College System may enter into an agreement with a public junior
1-20 college for the public junior college to offer certificate or
1-21 associate degree programs, other than vocational or
1-22 vocational-technical programs, at a campus of the system.
1-23 (c) The board of regents of the Texas State Technical
1-24 College System must comply with Subsection (a) beginning September
2-1 1, 2000, except that it must comply with Subsection (a) at the Waco
2-2 campus of the system beginning September 1, 1997.
2-3 ARTICLE 2. WACO CAMPUS OF THE TEXAS STATE
2-4 TECHNICAL COLLEGE SYSTEM
2-5 SECTION 2.01. TRANSFER. Not later than September 1, 1997,
2-6 the board of regents of the Texas State Technical College System
2-7 shall transfer responsibility for offering certificate or associate
2-8 degree programs, other than vocational or vocational-technical
2-9 programs, at the Texas State Technical College System's campus
2-10 located in the city of Waco in McLennan County to the board of
2-11 trustees of the McLennan County Community College to be operated as
2-12 provided by Section 135.09, Education Code, as added by this Act.
2-13 SECTION 2.02. EFFECT OF TRANSFER ON STUDENTS AND EMPLOYEES.
2-14 The board of regents of the Texas State Technical College System
2-15 and board of trustees of the McLennan County Community College by
2-16 agreement shall provide for:
2-17 (1) the transfer of credit hours earned before the
2-18 transfer by a student in a program covered by the transfer from the
2-19 technical college to the community college; and
2-20 (2) the transfer of any employees of the technical
2-21 college to the community college and the continuation of benefits
2-22 for transferred employees.
2-23 ARTICLE 3. HARLINGEN CAMPUS OF THE TEXAS STATE
2-24 TECHNICAL COLLEGE SYSTEM
2-25 SECTION 3.01. AMENDMENT. Chapter 135, Education Code, is
2-26 amended by adding Subchapter D to read as follows:
2-27 SUBCHAPTER D. TRANSFER OF PROGRAMS AT HARLINGEN CAMPUS
3-1 Sec. 135.71. TRANSFER. (a) Not later than September 1,
3-2 2000, the board of regents of the Texas State Technical College
3-3 System shall:
3-4 (1) transfer the responsibility for offering
3-5 certificate or associate degree programs, other than vocational or
3-6 vocational-technical programs, at the Texas State Technical College
3-7 System's campus located in the city of Harlingen in Cameron County
3-8 to the board of trustees of the public junior college, if any,
3-9 whose taxing district includes the Texas State Technical College
3-10 System's campus located in the city of Harlingen in Cameron County
3-11 if the public junior college agrees to the transfer; or
3-12 (2) if Subdivision (1) does not apply, cease offering
3-13 the programs.
3-14 (b) If the board of trustees of a public junior college
3-15 accepts the transfer, the transfer is subject to Sections
3-16 135.72-135.75.
3-17 Sec. 135.72. POWERS AND DUTIES. On completion of the
3-18 transfer, the board of trustees of the public junior college shall
3-19 undertake to offer the certificate or associate degree programs,
3-20 other than vocational or vocational-technical programs, at the
3-21 system's campus located in the city of Harlingen in Cameron County
3-22 as provided by Section 135.09 pursuant to the powers, duties, and
3-23 responsibilities conferred by law on the board of trustees of the
3-24 public junior college.
3-25 Sec. 135.73. CONTRACTS AND WRITTEN OBLIGATIONS. Contracts
3-26 and written obligations of every kind and character, including
3-27 bonds, entered into by the board of regents of the Texas State
4-1 Technical College System in connection with offering certificate or
4-2 associate degree programs, other than vocational or
4-3 vocational-technical programs, at the Texas State Technical College
4-4 System's campus located in the city of Harlingen in Cameron County
4-5 are ratified, confirmed, and validated. In those contracts and
4-6 written obligations, including bonds, on completion of the
4-7 transfer, the board of trustees of the public junior college is
4-8 substituted for and stands and acts in the place of the board of
4-9 regents of the Texas State Technical College System.
4-10 Sec. 135.74. EMPLOYEE INSURANCE AND OTHER BENEFITS. Any
4-11 contract or other agreement with a provider of insurance or
4-12 employee benefits that provides coverage for employees of the Texas
4-13 State Technical College System's campus located in the city of
4-14 Harlingen in Cameron County who are engaged in offering certificate
4-15 or associate degree programs, other than vocational or
4-16 vocational-technical programs, is not void nor does it terminate on
4-17 the effective date of the transfer. Any such contract or agreement
4-18 remains in full force and effect as a contract or agreement of the
4-19 public junior college for the employees transferred to the public
4-20 junior college until its date of expiration unless it terminates
4-21 before the expiration date in accordance with its terms. All
4-22 persons for whom the insurance or benefits are provided on the
4-23 effective date of the transfer are covered by the insurance or
4-24 benefits in accordance with the terms of those agreements until the
4-25 respective dates of termination or expiration of those agreements.
4-26 The persons covered by the agreements who are employees of the
4-27 public junior college on the respective termination or expiration
5-1 dates of those agreements shall be included in any similar
5-2 agreements that relate to other employees of the public junior
5-3 college and that are in effect on the termination or expiration
5-4 dates.
5-5 Sec. 135.75. EFFECT OF TRANSFER ON STUDENTS AND EMPLOYEES.
5-6 The transfer of responsibility for offering certificate or
5-7 associate degree programs, other than vocational or
5-8 vocational-technical programs, at the Texas State Technical College
5-9 System's campus located in the city of Harlingen in Cameron County
5-10 to the board of trustees of the public junior college does not
5-11 affect:
5-12 (1) the credit hours earned by students at that campus
5-13 before the effective date of the transfer; or
5-14 (2) the employment status on the effective date of the
5-15 transfer of the administrative, faculty, or support staff of the
5-16 campus.
5-17 ARTICLE 4. AMARILLO CAMPUS OF THE TEXAS STATE
5-18 TECHNICAL COLLEGE SYSTEM
5-19 SECTION 4.01. TRANSFER. (a) Not later than September 1,
5-20 1997, the Texas State Technical College System shall transfer the
5-21 governance, operation, management, and control of the system's
5-22 campus located in the city of Amarillo in Potter County, along with
5-23 all right, title, and interest in the land, buildings, facilities,
5-24 improvements, equipment, supplies, and property comprising that
5-25 campus, to the board of trustees of Amarillo College, if that board
5-26 of trustees agrees to the transfer.
5-27 (b) The transfer made by this section includes all programs
6-1 operated by or in connection with the Texas State Technical College
6-2 System's campus located in the city of Amarillo in Potter County on
6-3 the effective date of the transfer.
6-4 (c) If the board of trustees of Amarillo College accepts the
6-5 transfer, the transfer is subject to Sections 4.02-4.05 of this
6-6 Act.
6-7 SECTION 4.02. POWERS AND DUTIES. The board of trustees of
6-8 Amarillo College may govern, operate, manage, and control the
6-9 campus transferred under Section 4.01 of this Act and all land,
6-10 buildings, facilities, improvements, equipment, supplies, and
6-11 property comprising that institution pursuant to the powers,
6-12 duties, and responsibilities conferred by law on the board of
6-13 trustees of Amarillo College for the governance, operation,
6-14 management, and control of Amarillo College.
6-15 SECTION 4.03. CONTRACTS AND WRITTEN OBLIGATIONS. Contracts
6-16 and written obligations of every kind and character, including
6-17 bonds, entered into by the board of regents of the Texas State
6-18 Technical College System for and on behalf of the Texas State
6-19 Technical College System's campus located in the city of Amarillo
6-20 in Potter County are ratified, confirmed, and validated. In those
6-21 contracts and written obligations, including bonds, the board of
6-22 trustees of Amarillo College is substituted for and stands and acts
6-23 in the place of the board of regents of the Texas State Technical
6-24 College System.
6-25 SECTION 4.04. EMPLOYEE INSURANCE AND OTHER BENEFITS. Any
6-26 contract or other agreement with a provider of insurance or
6-27 employee benefits that provides coverage for employees of the Texas
7-1 State Technical College System's campus located in the city of
7-2 Amarillo in Potter County is not void nor does it terminate on the
7-3 effective date of this Act. Any such contract or agreement remains
7-4 in full force and effect as a contract or agreement of Amarillo
7-5 College for the employees transferred to Amarillo College until its
7-6 date of expiration unless it terminates before the expiration date
7-7 in accordance with its terms. All persons for whom the insurance
7-8 or benefits are provided on the effective date of this Act are
7-9 covered by the insurance or benefits in accordance with the terms
7-10 of those agreements until the respective dates of termination or
7-11 expiration of those agreements. The persons covered by the
7-12 agreements who are employees of Amarillo College on the respective
7-13 termination or expiration dates of those agreements shall be
7-14 included in any similar agreements that relate to other employees
7-15 of Amarillo College and that are in effect on the termination or
7-16 expiration dates.
7-17 SECTION 4.05. EFFECT OF TRANSFER ON STUDENTS AND EMPLOYEES.
7-18 The transfer of governance, operation, management, and control of
7-19 the Texas State Technical College System's campus located in the
7-20 city of Amarillo in Potter County to the board of trustees of
7-21 Amarillo College does not affect:
7-22 (1) the credit hours earned by students at that campus
7-23 before the effective date of this Act; or
7-24 (2) the employment status on the effective date of
7-25 this Act of the administrative, faculty, or support staff of the
7-26 campus.
7-27 SECTION 4.06. AMENDMENT. (a) The changes in law made by
8-1 this section, other than those relating to the campus of the Texas
8-2 State Technical College System located in the city of Amarillo, are
8-3 subject to Sections 3 and 4, Chapter 359, Acts of the 73rd
8-4 Legislature, Regular Session, 1993, providing for the possible
8-5 creation of South Texas Community College.
8-6 (b) Until the date that a quorum of the initial board of
8-7 trustees of South Texas Community College has qualified for office,
8-8 Section 135.02(a), Education Code, is amended to read as follows:
8-9 (a) The Texas State Technical College System is composed of:
8-10 (1) a system office located in the city of Waco in
8-11 McLennan County;
8-12 (2) <a campus located in the city of Amarillo in
8-13 Potter County;>
8-14 <(3)> a campus located in the city of Harlingen in
8-15 Cameron County;
8-16 (3) <(4)> a campus located in the city of Sweetwater
8-17 in Nolan County;
8-18 (4) <(5)> an extension center located in the city of
8-19 Marshall in Harrison County; <and>
8-20 (5) a campus located in the city of Waco in McLennan
8-21 County;
8-22 (6) extension centers in the city of McAllen in
8-23 Hidalgo County and the city of Abilene in Taylor County and an
8-24 extension program offered through a rural technology center in the
8-25 city of Breckenridge in Stephens County; and
8-26 (7) other campuses assigned to the system from time to
8-27 time by specific legislative Act.
9-1 (c) On the date that a quorum of the initial board of
9-2 trustees of South Texas Community College has qualified for office,
9-3 Section 135.02(a), Education Code, is amended to read as follows:
9-4 (a) The Texas State Technical College System is composed of:
9-5 (1) a system office located in the city of Waco in
9-6 McLennan County;
9-7 (2) <a campus located in the city of Amarillo in
9-8 Potter County;>
9-9 <(3)> a campus located in the city of Harlingen in
9-10 Cameron County;
9-11 (3) <(4)> a campus located in the city of Sweetwater
9-12 in Nolan County;
9-13 (4) <(5)> an extension center located in the city of
9-14 Marshall in Harrison County;
9-15 (5) <(6)> a campus located in the city of Waco in
9-16 McLennan County;
9-17 (6) <(7)> extension centers in the city of Brownwood
9-18 in Brown County and the city of Abilene in Taylor County and an
9-19 extension program offered through a rural technology center in the
9-20 city of Breckenridge in Stephens County; and
9-21 (7) <(8)> other campuses assigned to the system from
9-22 time to time by specific legislative Act.
9-23 ARTICLE 5. OTHER CAMPUSES, EXTENSION CENTERS, AND EXTENSION
9-24 PROGRAMS OF THE TEXAS STATE TECHNICAL COLLEGE SYSTEM
9-25 SECTION 5.01. AMENDMENT. Chapter 135, Education Code, is
9-26 amended by adding Subchapter E to read as follows:
9-27 SUBCHAPTER E. TRANSFER OF OTHER CAMPUSES,
10-1 EXTENSION CENTERS, AND EXTENSION PROGRAMS
10-2 Sec. 135.81. APPLICATION. This subchapter does not apply to
10-3 the Texas State Technical College System's campus located in the
10-4 city of:
10-5 (1) Waco in McLennan County;
10-6 (2) Harlingen in Cameron County; or
10-7 (3) Amarillo in Potter County.
10-8 Sec. 135.82. TRANSFER OR CLOSURE OF CAMPUSES, EXTENSION
10-9 CENTERS, AND EXTENSION PROGRAMS. (a) Not later than September 1,
10-10 2000, the board of regents of the Texas State Technical College
10-11 System shall:
10-12 (1) transfer the governance, operation, management,
10-13 and control of each campus, extension center, or extension program
10-14 of the Texas State Technical College System, along with all right,
10-15 title, and interest in the land, buildings, facilities,
10-16 improvements, equipment, supplies, and property comprising that
10-17 campus, extension center, or extension program, to the board of
10-18 trustees of the public junior college, if any, whose taxing
10-19 district includes that campus, extension center, or extension
10-20 program if the public junior college agrees to the transfer; or
10-21 (2) if Subdivision (1) does not apply, close the
10-22 campus, extension center, or extension program.
10-23 (b) If the board of trustees of the public junior college
10-24 accepts the transfer, the transfer is subject to Sections
10-25 135.83-135.86.
10-26 Sec. 135.83. POWERS AND DUTIES. On completion of the
10-27 transfer, the board of trustees of the public junior college shall
11-1 undertake to govern, operate, manage, and control the campus,
11-2 extension center, or extension program and all land, buildings,
11-3 facilities, improvements, equipment, supplies, and property
11-4 comprising that campus, extension center, or extension program
11-5 pursuant to the powers, duties, and responsibilities that are or
11-6 may be conferred by law upon the board of trustees for the
11-7 governance, operation, management, and control of the public junior
11-8 college.
11-9 Sec. 135.84. CONTRACTS AND WRITTEN OBLIGATIONS. Contracts
11-10 and written obligations of every kind and character, including
11-11 bonds, entered into by the board of regents of the Texas State
11-12 Technical College System for and on behalf of a campus, extension
11-13 center, or extension program are ratified, confirmed, and
11-14 validated. In those contracts and written obligations, including
11-15 bonds, on completion of the transfer, the board of trustees of the
11-16 public junior college that agrees to the transfer of the campus,
11-17 extension center, or extension program is substituted for and
11-18 stands and acts in the place of the board of regents of the Texas
11-19 State Technical College System.
11-20 Sec. 135.85. EMPLOYEE INSURANCE AND OTHER BENEFITS. Any
11-21 contract or other agreement with a provider of insurance or
11-22 employee benefits that provides coverage for employees of a campus,
11-23 extension center, or extension program of the Texas State Technical
11-24 College System is not void nor does it terminate on the effective
11-25 date of the transfer. Any such contract or agreement remains in
11-26 full force and effect as a contract or agreement of the public
11-27 junior college for the employees transferred to the public junior
12-1 college until its date of expiration unless it terminates before
12-2 the expiration date in accordance with its terms. All persons for
12-3 whom the insurance or benefits are provided on the effective date
12-4 of the transfer are covered by the insurance or benefits in
12-5 accordance with the terms of those agreements until the respective
12-6 dates of termination or expiration of those agreements. The
12-7 persons covered by the agreements who are employees of the public
12-8 junior college that agrees to the transfer of the campus,
12-9 extension center, or extension program shall be included in any
12-10 similar agreements that relate to other employees of the public
12-11 junior college and that are in effect on the termination or
12-12 expiration dates.
12-13 Sec. 135.86. EFFECT OF TRANSFER ON STUDENTS AND EMPLOYEES.
12-14 The transfer of governance, operation, management, and control of a
12-15 campus, extension center, or extension program of the Texas State
12-16 Technical College System to the board of trustees of a public
12-17 junior college does not affect:
12-18 (1) the credit hours earned by students at that
12-19 campus, extension center, or extension program before the effective
12-20 date of the transfer; or
12-21 (2) the employment status on the effective date of the
12-22 transfer of the administrative, faculty, or support staff of the
12-23 campus, extension center, or extension program.
12-24 ARTICLE 6. ADVANCED OR EMERGING TECHNOLOGY GRANT FUND
12-25 SECTION 6.01. AMENDMENT. Chapter 61, Education Code, is
12-26 amended by adding Subchapter Q to read as follows:
12-27 SUBCHAPTER Q. ADVANCED OR EMERGING TECHNOLOGY
13-1 GRANT FUND
13-2 Sec. 61.791. DEFINITIONS. In this subchapter:
13-3 (1) "Advisory committee" means the advanced or
13-4 emerging technology advisory committee.
13-5 (2) "Fund" means the advanced or emerging technology
13-6 grant fund.
13-7 Sec. 61.792. ESTABLISHMENT OF FUND. (a) The advanced or
13-8 emerging technology grant fund is in the state treasury. The fund
13-9 consists of:
13-10 (1) state appropriations for purposes of the fund;
13-11 (2) money acquired from other governmental or private
13-12 sources; and
13-13 (3) the income from money deposited in the fund.
13-14 (b) The coordinating board shall administer the assets of
13-15 the fund. The coordinating board is the trustee of the fund's
13-16 assets.
13-17 (c) The coordinating board may:
13-18 (1) segregate contributions and payments to the fund
13-19 into various accounts; and
13-20 (2) acquire, hold, manage, purchase, sell, assign,
13-21 trade, transfer, and dispose of any security, evidence of
13-22 indebtedness, or other investment in which the fund's assets may be
13-23 invested.
13-24 Sec. 61.793. STATE TREASURER. (a) Except as provided by
13-25 Subsection (d), the state treasurer is the custodian of the assets
13-26 of the fund.
13-27 (b) The state treasurer shall pay money from the fund on a
14-1 warrant drawn by the comptroller supported only on a voucher signed
14-2 by the comptroller and the commissioner of higher education or
14-3 their authorized representatives.
14-4 (c) The state treasurer annually shall furnish to the
14-5 coordinating board a sworn statement of the amount of the fund's
14-6 assets in the treasurer's custody.
14-7 (d) The coordinating board may select one or more commercial
14-8 banks, depository trust companies, or other entities to serve as
14-9 custodian of all or part of the fund's assets.
14-10 Sec. 61.794. INVESTMENT OF FUND ASSETS. (a) The
14-11 coordinating board shall invest the assets of the fund.
14-12 (b) The coordinating board may contract with private
14-13 professional investment managers to assist the coordinating board
14-14 in investing the assets of the fund.
14-15 (c) The coordinating board shall develop written investment
14-16 objectives concerning the investment of assets of the fund. The
14-17 objectives may address desired rates of return, risks involved,
14-18 investment time frames, and any other relevant considerations.
14-19 (d) In investing the assets of the fund, the coordinating
14-20 board shall exercise the judgment and care, under the circumstances
14-21 prevailing at the time of the investment, that persons of ordinary
14-22 prudence, discretion, and intelligence exercise in the management
14-23 of their own affairs, not in speculation but when making a
14-24 permanent disposition of their money, considering the probable
14-25 income from the disposition and the probable safety of their
14-26 capital.
14-27 Sec. 61.795. USE OF FUND ASSETS. The coordinating board may
15-1 use the assets of the fund only to fund a course or degree program
15-2 pertaining to an advanced or emerging technology at a public
15-3 technical institute or public junior college.
15-4 Sec. 61.796. REPORT. Not later than December 1 of each
15-5 year, the coordinating board shall submit to the governor,
15-6 lieutenant governor, speaker of the house of representatives,
15-7 Legislative Budget Board, Legislative Audit Committee, and state
15-8 auditor a report including:
15-9 (1) the coordinating board's fiscal transactions
15-10 during the preceding fiscal year;
15-11 (2) the market and book value of the fund as of the
15-12 end of the preceding fiscal year;
15-13 (3) the asset allocations of the fund expressed in
15-14 percentages of stocks, fixed income, cash, or other financial
15-15 investments; and
15-16 (4) the rate of return on the investment of the fund's
15-17 assets during the preceding fiscal year.
15-18 Sec. 61.797. ADVISORY COMMITTEE. (a) The advisory
15-19 committee shall advise the coordinating board regarding funding of
15-20 a course or degree program pertaining to an advanced or emerging
15-21 technology at a public technical institute or public junior
15-22 college.
15-23 (b) The advisory committee is composed of:
15-24 (1) the commissioner of higher education;
15-25 (2) one member of the board of regents of the Texas
15-26 State Technical College System designated by the coordinating
15-27 board;
16-1 (3) one member of the board of trustees of a public
16-2 junior college designated by the coordinating board;
16-3 (4) one member of the board of regents of a public
16-4 senior college or university designated by the coordinating board;
16-5 (5) one member designated by the governor;
16-6 (6) one member designated by the lieutenant governor;
16-7 and
16-8 (7) one member designated by the speaker of the house
16-9 of representatives.
16-10 (c) A member designated by the governor, lieutenant
16-11 governor, or speaker must represent business and industry and have
16-12 expertise in an advanced or emerging technology.
16-13 (d) The commissioner of higher education serves as the
16-14 presiding officer of the advisory committee.
16-15 (e) The advisory committee shall hold regular annual
16-16 meetings and other meetings as called by the presiding officer.
16-17 ARTICLE 7. TRANSITION; EFFECTIVE DATE; AND EMERGENCY
16-18 SECTION 7.01. TRANSITION. As soon as possible on or after
16-19 the effective date of this Act, the governor, lieutenant governor,
16-20 and speaker of the house of representatives shall designate members
16-21 of the advanced or emerging technology advisory committee.
16-22 SECTION 7.02. EFFECTIVE DATE. This Act takes effect
16-23 September 1, 1995.
16-24 SECTION 7.03. EMERGENCY. The importance of this legislation
16-25 and the crowded condition of the calendars in both houses create an
16-26 emergency and an imperative public necessity that the
16-27 constitutional rule requiring bills to be read on three several
17-1 days in each house be suspended, and this rule is hereby suspended.