SRC-CDH S.B. 1577 75(R)   BILL ANALYSIS


Senate Research Center   S.B. 1577
By: Bivins
Education
3-24-97
As Filed


DIGEST 

Currently, the state's system of delivering postsecondary technical
education programs has come into question.  The Texas State Technical
College System (system) has been viewed as having a statewide mission for
delivering highly specialized technical programs that are too expensive to
replicate on all community college campuses.  Community colleges'
perceived focus, on the other hand, has been to provide courses and
programs for the population within its service area.  However, the state
uses the same formulas for funding technical education programs at both
types of institutions.  It has been argued that inadequate funding for
advanced technical programs has caused the system to stray from its
high-tech mission to compete with community colleges for funding.  This
legislation narrows the system's mission to offering advanced and highly
specialized technology programs as defined by the Texas Higher Education
Coordinating Board, while encouraging alliances with community colleges to
provide technical assistance as well as deliver courses and joint
programs.  In addition, S.B. 1577 requires that remedial education be
provided by a local or service region community college at the system
campus with no additional charge to the student, and eliminates all system
authority for the establishment of extension centers and programs, while
providing for the maintenance of existing system centers and programs by
local communities. Finally, this bill authorizes centers operated by the
system at Abilene, Brownwood, and Breckenridge to merge with certain
junior colleges, and implements a new funding formula for advanced and
emerging technology courses to account for the associated high costs.     

PURPOSE

As proposed, S.B. 1577 establishes public postsecondary technical and
vocational education; provides for the programs, operation, and
administration of the Texas State Technical College System; and transfers
certain centers operated by the system to certain junior colleges.   

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 135.01, Education Code, by amending Subsection
(b), and adding Subsections (d)-(f), to delete the provision regarding
occupationally oriented programs with supporting academic course work.
Authorizes the Texas State Technical College System (system) to offer
supporting academic course work to the extent required for accreditation
by a recognized accrediting agency.  Authorizes the system, if a course is
not authorized by Subsection (b), to continue to offer the course after
September 1, 1997 at a particular campus or center, provided certain
conditions exist.  Sets forth the terms by which the Texas Higher
Education Coordinating Board (coordinating board) is required to name an
advisory committee to provide advice, counsel, and recommendations.
Provides that this section does not limit the authority of the
coordinating board to exercise its duties under this title.  Makes
conforming changes. 

SECTION 2. Amends Section 135.02(a), Education Code, as amended by Section
3, Chapter 359, Acts of the 73rd Legislature, Regular Session, 1993, to
provide that, among others, the system is composed of a campus, rather
than an extension center, located in the city of Marshall. 

SECTION 3. Amends Section 135.02, Education Code, by amending Subsections
(d) and (e), and  adding Subsection (f), to prohibit the board of regents
of the Texas State Technical College System (board) from establishing an
extension center after September 1, 1997.  Deletes the provision
authorizing the board to establish an extension center.  Provides that it
is the intent of the legislature that the system campus, rather than the
Texas State Technical Institute extension center, in Marshall shall not
offer general academic or technical courses or programs that duplicate
those offered by certain colleges, unless the junior college directly
affected by a proposed course or program that is duplicative agrees that
the system campus may offer the course or program.  Sets forth the terms
by which each junior college listed in Subsection (a) is required to enter
into an agreement with the board of the system under which the system and
the junior college agree on certain issues.  Makes conforming changes.   

SECTION 4. Amends Section 135.04, Education Code, by amending Subsections
(b) and (c), and adding Subsection (d), to require the coordinating board,
before a system extension center or extension program may offer certain
programs, to determine that the program is authorized, a need for the
program exists, and the public junior college is incapable or unwilling to
offer the program. Deletes the previous provisions regarding programs
offered by a campus or extension center. Requires the coordinating board,
before a system campus may offer certain programs, to determine that the
program is authorized, a need for the program exists, and there is
sufficient demand to justify the offering of the program.  Makes
conforming changes. 

SECTION 5. Amends Section 135.06, Education Code, by adding Subsection
(g), to prohibit the system from creating an extension program after
September 1, 1997.  Provides that this subsection is not intended to
discourage the system from cooperating with public junior colleges in
offering programs. 

SECTION 6. Amends Section 135.51, Education Code, to make a conforming
change. 

SECTION 7. Amends Chapter 135C, Education Code, by adding Section 135.541,
as follows: 

Sec. 135.541.  COOPERATION WITH COMMUNITY COLLEGES.  Sets forth the terms
by which the board is required to attempt to coordinate its programs with
those of a public junior college that offers technical or vocational
programs or instruction in the same region. Requires the board to
implement policies designed to encourage this coordination.  Requires the
coordinating board to evaluate the board's compliance with this section.   

SECTION 8. Amends Chapter 130A, Education Code, by adding Section 130.010,
as follows: 

Sec. 130.010.  COOPERATION WITH STATE TECHNICAL COLLEGE SYSTEM.  Sets
forth the terms by which the board of trustees of a junior college
district is required to attempt to coordinate its programs with those of a
component of the system that offers technical or vocational programs or
instruction in the same region.  Requires the board to implement policies
designed to encourage this coordination.  Requires the coordinating board
to evaluate the board of trustees' compliance with this section.       

SECTION 9. Amends Chapter 135, Education Code, by adding Subchapter D, as
follows: 

SUBCHAPTER D.  TRANSFERS OF CERTAIN CENTERS AUTHORIZED

Sec. 135.701.  TRANSFER OF EXTENSION CENTER IN ABILENE.  Sets forth the
terms under which the board is authorized to transfer the governance and
control of the system's extension center located in Abilene, along with
all right, title, and interest in the property, to the board of trustees
of Cisco Junior College, provided certain conditions are met. 

Sec. 135.702.  TRANSFER OF EXTENSION CENTER IN BROWNWOOD.  Sets forth the
terms under which the board is authorized to transfer the governance and
control of the system's extension center located in Brownwood, along with
all right, title, and interest in the property, to the board of trustees
of Ranger College, provided certain conditions are met.  
Sec. 135.703.  TRANSFER OF RURAL TECHNOLOGY CENTER IN BRECKENRIDGE.  Sets
forth the terms by which the board is authorized to transfer the
governance and control of the system's rural technology center located in
Breckenridge, along with all right, title, and interest in the property,
to the board of trustees of Cisco Junior College, Ranger College,
Weatherford College, or Western Texas College, provided certain conditions
are met.         

Sec. 135.704.  POWERS AND DUTIES.  Sets forth the powers and duties of the
board of trustees of the applicable public junior college regarding the
governance and control of the system center, and all property transferred
to it under this subchapter.   

Sec. 135.705.  CONTRACTS AND WRITTEN OBLIGATIONS.  Establishes the
conditions by which contracts and written obligations entered into by the
system board and in effect on the transfer date are ratified and
validated.  Provides that in those contracts and obligations, the board of
trustees is substituted for, and acts in the place of, the system board.   

Sec. 135.706.  EMPLOYEE INSURANCE AND OTHER BENEFITS.  Provides that any
contract or other agreement with a provider of insurance or employee
benefits that provides coverage for employees of a system center
transferred under this subchapter is not void or terminated on the
effective date of the transfer.  Set forth the terms under which any such
contract or agreement remains in effect until its date of expiration, with
certain exceptions; and by which all persons for whom the insurance or
benefits are provided on the effective date of the transfer are covered
until the respective dates of termination or expiration of those
agreements.   

Sec. 135.707. EFFECT OF TRANSFER ON STUDENTS AND EMPLOYEES.  Provides that
a transfer under this subchapter does not affect the credit hours earned
by students at the center before the effective date of the transfer.   

SECTION 10. Amends Section 4, Article 5190.6, V.T.C.S. (Development
Corporation Act of 1979), by adding Subsection (k), to authorize a
corporation created under Subsection (a) to pay a public junior college
the cost of physical plant maintenance and operation at certain facilities
if the facility was formerly an extension center or rural technology
center of the system.  

SECTION 11. Amends Section 4A, Article 5190.6, V.T.C.S., by adding
Subsection (s), to make conforming changes. 

SECTION 12. Amends Section 4B, Article 5190.6, V.T.C.S., by adding
Subsection (o), to make conforming changes. 

SECTION 13. Amends Chapter 61C, Education Code, by adding Section 61.0594,
as follows: 

Sec. 61.0594.  FUNDING FOR HIGH TECHNOLOGY COSTS OF POSTSECONDARY
VOCATIONAL-TECHNICAL EDUCATION.  Requires the board to ensure adequate
funding for high technology costs required in postsecondary
vocational-technical education to maintain program excellence.  Sets forth
the terms by which the board shall administer a program to support such
education by assisting a public technical institute or public junior
college to cover start-up or expansion costs; shall prescribe guidelines
and procedures regarding requests for grants; and may make grants.
Establishes the procedures regarding program funding and issuance of
warrants to recipients of grants.  Authorizes the board to appoint an
advisory committee to advise the board, and requires the board to employ a
process of committee review and expert testimony and analysis to assist in
consideration of grant requests.   

SECTION 14. Effective date:  September 1, 1997.

SECTION 15. Emergency clause.