MMA H.B. 2528 75(R)BILL ANALYSIS


HIGHER EDUCATION
H.B. 2528
By: Gutierrez
4-12-97
Committee Report (Amended)



BACKGROUND 

South Texas Community College was created by special legislation in 1993,
when it was converted from a Texas State Technical College (TSTC) branch
campus.  This was the first such conversion in the state of Texas.  As a
result, the enabling legislation was rather brief, and there was very
little statutory coverage.  Due to the nature of the relatively
complicated transition from a TSTC state political subdivision to a local,
political subdivision, a validation statute is considered both appropriate
and necessary. 

PURPOSE

H.B. 2528 would validate certain acts and proceedings of the South Texas
Community College (STCC). 

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency or
institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Subchapter C, Chapter 130, Education Code by adding
Section 130.0312 to read as follows: 
Sec. 130.0312.  VALIDATION OF CERTAIN ACTS AND PROCEEDINGS.
(a) Establishes that all governmental acts and proceedings of STCC taken
or conducted after August 30, 1993, that may otherwise be invalid or void
because of procedural defects are validated as of the date each act or
proceeding occurred. 
(b) States that the acts and proceedings relating to the confirmation
proceedings of STCC are validated as of the date of the confirmation or a
good faith attempt at confirmation, and that the confirmation of STCC
under Section 130.0311 may not be held invalid by the fact of any
procedural defects in the election proceedings or confirmation
proceedings. 
(c) Provides that all governmental acts and proceedings of the board of
trustees of STCC, or of an officer or employee of the college during the
transfer of the property or obligations from the McAllen extension center
of the TSTC System to STCC, and each act or proceeding taken or conducted
since the confirmation of STCC, are validated as of the dates on which
they occurred. 
(d) States that this section does not apply to any matter that on the
effective date of this section is involved in litigation, if the
litigation ultimately results in the matter being held invalid by a final
judgement of a court of competent jurisdiction; or has been held invalid
by a final judgment of a court. 

SECTION 2.  Emergency clause.

EXPLANATION OF AMENDMENTS

Committee amendment No. 1 would replace subsection (a) with language
stating that all governmental acts and proceedings of STCC not excepted in
this section taken before March 1,  1997, are validated as of the dates on
which they occurred.  Adds a new subsection (b) which states that this
section does not validate acts or proceedings that were a misdemeanor or a
felony under the statutes of this state at the time they occurred.
Renumbers subsections accordingly.