By: Bivins S.B. No. 1577
A BILL TO BE ENTITLED
AN ACT
1-1 relating to public postsecondary technical and vocational
1-2 education, to the programs, operation, and administration of the
1-3 Texas State Technical College System, and to the transfer of
1-4 certain centers operated by the system to certain junior colleges.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Section 135.01, Education Code, is amended by
1-7 amending Subsection (b) and adding Subsections (d), (e), and (f) to
1-8 read as follows:
1-9 (b) Texas State Technical College System shall contribute to
1-10 the educational and economic development of the State of Texas by
1-11 offering occupationally oriented programs in [with supporting
1-12 academic course work, emphasizing] highly specialized advanced and
1-13 emerging technical and vocational areas, as determined by the
1-14 coordinating board, for certificates or associate degrees. The
1-15 system may offer supporting academic course work to the extent
1-16 required for accreditation by a recognized accrediting agency as
1-17 defined by Section 61.003. The system [Texas State Technical
1-18 College System] is authorized to serve the State of Texas through
1-19 excellence in instruction, public service, faculty and manpower
1-20 research, and economic development. The system's economic
1-21 development efforts to improve the competitiveness of Texas
1-22 business and industry include exemplary centers of excellence in
1-23 technical program clusters on the system's campuses and support of
2-1 educational research commercialization initiatives. Through close
2-2 collaboration with business, industry, governmental agencies, and
2-3 communities, including public and private secondary and
2-4 postsecondary educational institutions, the system shall facilitate
2-5 and deliver an articulated and responsive technical education
2-6 system.
2-7 (d) If a program is not authorized by Subsection (b), the
2-8 system may continue to offer the program after September 1, 1997,
2-9 at a particular campus or center if the campus or center offered
2-10 that program during the 1996-1997 academic year, but the program
2-11 may not be expanded by adding new degree tracks to it.
2-12 Notwithstanding this limitation, the system campus or center may
2-13 revise the curriculum in a program continued under this subsection
2-14 in order to maintain the general applicability of the program to
2-15 the technical or vocational area it addressed during the 1996-1997
2-16 academic year.
2-17 (e) The coordinating board shall name an advisory committee
2-18 equitably composed of representatives of the system, public junior
2-19 colleges, and business and industry to provide advice, counsel, and
2-20 recommendations to the coordinating board in carrying out its
2-21 duties and responsibilities under this title relating to the
2-22 system. In addition to other matters, the advisory committee shall
2-23 provide recommendations to the board about the programs and course
2-24 work that the system may offer pursuant to Subsection (b).
2-25 (f) This section does not limit the authority of the
3-1 coordinating board to exercise its duties under this title,
3-2 including its duties to review and order the consolidation or
3-3 elimination of programs under Section 61.051, with respect to
3-4 programs continued or expanded under this section.
3-5 SECTION 2. Subsection (a), Section 135.02, Education Code,
3-6 as amended by Section 3, Chapter 359, Acts of the 73rd Legislature,
3-7 1993, is amended to read as follows:
3-8 (a) The Texas State Technical College System is composed of:
3-9 (1) a system office located in the city of Waco in
3-10 McLennan County;
3-11 (2) a campus located in the city of Amarillo in Potter
3-12 County;
3-13 (3) a campus located in the city of Harlingen in
3-14 Cameron County;
3-15 (4) a campus located in the city of Sweetwater in
3-16 Nolan County;
3-17 (5) a campus [an extension center] located in the city
3-18 of Marshall in Harrison County;
3-19 (6) a campus located in the city of Waco in McLennan
3-20 County;
3-21 (7) extension centers in the city of Brownwood in
3-22 Brown County and the city of Abilene in Taylor County and an
3-23 extension program offered through a rural technology center in the
3-24 city of Breckenridge in Stephens County; and
3-25 (8) other campuses assigned to the system from time to
4-1 time by specific legislative Act.
4-2 SECTION 3. Section 135.02, Education Code, is amended by
4-3 amending Subsections (d) and (e) and adding Subsection (f) to read
4-4 as follows:
4-5 (d) The board may not establish an [the] extension center
4-6 after September 1, 1997 [located in the City of Marshall and accept
4-7 or acquire land and facilities for that purpose only if the
4-8 establishment of the center is approved by the Texas Higher
4-9 Education Coordinating Board].
4-10 (e) It is the intent of the legislature that the system
4-11 campus [Texas State Technical Institute extension center] in
4-12 Marshall shall not offer general academic or technical courses or
4-13 programs that duplicate the general academic or technical courses
4-14 and programs offered by Panola College, unless:
4-15 (1) Panola College agrees that the system campus may
4-16 offer the course or program; or
4-17 (2) the coordinating board determines that it is
4-18 essential that the course be offered in order for the campus to be
4-19 accredited by a recognized accrediting agency as defined by Section
4-20 61.003 [Northeast Texas Community College, and Kilgore College].
4-21 The coordinating board [Texas Higher Education Coordinating
4-22 Board] is hereby assigned the responsibility to determine whether
4-23 proposed courses and programs are duplicative.
4-24 (f) Panola College and the board of the system shall enter
4-25 into an agreement under which the college and the system agree:
5-1 (1) to offer courses at locations most convenient to
5-2 those students likely to enroll in the courses;
5-3 (2) that a student enrolled at the system's Marshall
5-4 campus shall be allowed to register for and attend a course offered
5-5 by the junior college as a student of the system and not as a
5-6 student of the junior college if the course:
5-7 (A) is required for the student to complete the
5-8 student's degree, certificate, or diploma program; and
5-9 (B) may not be offered at the system's Marshall
5-10 campus because of the restrictions provided by Subsection (e);
5-11 (3) that the system will pay the junior college the
5-12 faculty salary and instructional administration costs of providing
5-13 the course to the system's student; and
5-14 (4) that a student may not be required to pay any
5-15 tuition or fees charged by the junior college for registering for
5-16 or attending the course.
5-17 SECTION 4. Section 135.04, Education Code, is amended by
5-18 amending Subsections (b) and (c) and adding Subsections (d) and (e)
5-19 to read as follows:
5-20 (b) Before [any program may be offered by] a system [campus
5-21 or] extension center or extension program may offer a new program
5-22 to be operated within the tax district of a public junior college
5-23 that is operating a vocational and technical program, the
5-24 coordinating board must determine that:
5-25 (1) the program is authorized by Section 135.01;
6-1 (2) there is sufficient demand for the program;
6-2 (3) the system can offer the program at appropriate
6-3 levels of quality and cost; and
6-4 (4) [it must be established that] the public junior
6-5 college is not capable of offering or is unwilling [unable] to
6-6 offer the program. [After it is established that a need for the
6-7 program exists and that the program is not locally available, the
6-8 campus or extension center may offer the program, provided approval
6-9 is secured from the coordinating board. Approval of
6-10 technical-vocational programs under this section does not apply to
6-11 McLennan, Cameron, and Potter counties.]
6-12 (c) Where a local government, business, or industry located
6-13 in a county or a portion of a county that is not operating a public
6-14 junior college district requests that the campus or extension
6-15 center offer a program, the campus or extension center may offer
6-16 the program provided the program is authorized by Section 135.01
6-17 and approval is secured from the coordinating board.
6-18 (d) Before a system campus may offer a new program that is
6-19 to be operated within the tax district of a public junior college
6-20 that is operating a vocational and technical program, the
6-21 coordinating board must determine that:
6-22 (1) the program is authorized by Section 135.01;
6-23 (2) a need for the program exists;
6-24 (3) the system can offer the program at appropriate
6-25 levels of quality and cost; and
7-1 (4) there is sufficient demand in this state to
7-2 justify the offering of the program.
7-3 (e) Before a system campus or center may offer a new program
7-4 that is not authorized by Section 135.01, the proposed program must
7-5 be approved by the regional higher education council of the region
7-6 in which the campus or center is located and by the coordinating
7-7 board. In making its determination, the coordinating board must
7-8 determine that:
7-9 (1) a need for the program exists;
7-10 (2) there is sufficient demand in the state to justify
7-11 the offering of the program; and
7-12 (3) the system can offer the program at an appropriate
7-13 level of quality and cost.
7-14 SECTION 5. Section 135.06, Education Code, is amended by
7-15 adding Subsection (g) to read as follows:
7-16 (g) The system may not create an extension program after
7-17 September 1, 1997. This subsection is not intended to discourage
7-18 the system from cooperating with public junior colleges in offering
7-19 programs.
7-20 SECTION 6. Section 135.51, Education Code, is amended to
7-21 read as follows:
7-22 Sec. 135.51. CERTIFICATES, DIPLOMAS, AND ASSOCIATE DEGREES.
7-23 The board shall prescribe and award associate of applied science
7-24 degrees, certificates, and diplomas limited to those appropriate to
7-25 technical education in the programs authorized by this chapter.
8-1 SECTION 7. Subchapter C, Chapter 135, Education Code, is
8-2 amended by adding Section 135.541 to read as follows:
8-3 Sec. 135.541. COOPERATION WITH COMMUNITY COLLEGES. (a) The
8-4 board shall attempt to coordinate its programs with those of a
8-5 public junior college that offers technical or vocational programs
8-6 or instruction in the same region to ensure that state and local
8-7 resources are efficiently used in the development of programs and
8-8 curricula and in the offering of courses and programs. The board
8-9 shall implement policies designed to encourage the offering of
8-10 joint programs with public junior colleges offering programs in the
8-11 same region.
8-12 (b) The coordinating board shall consider the extent to
8-13 which the board of the system has complied with this section in its
8-14 approval and continuing review of the system's educational
8-15 programs.
8-16 SECTION 8. Subchapter A, Chapter 130, Education Code, is
8-17 amended by adding Section 130.010 to read as follows:
8-18 Sec. 130.010. COOPERATION WITH STATE TECHNICAL COLLEGE
8-19 SYSTEM. (a) The board of trustees of a junior college district
8-20 shall attempt to coordinate its programs with those of a component
8-21 of the Texas State Technical College System that offers technical
8-22 or vocational programs or instruction in the same region to ensure
8-23 that state and local resources are efficiently used in the
8-24 development of programs and curricula and in the offering of
8-25 courses and programs. The board of trustees shall implement
9-1 policies designed to encourage the offering of joint programs with
9-2 the Texas State Technical College System component offering
9-3 programs in the same region.
9-4 (b) The coordinating board shall consider the extent to
9-5 which the board of trustees of a junior college district has
9-6 complied with this section in its approval and continuing review of
9-7 the district's educational programs.
9-8 SECTION 9. Chapter 135, Education Code, is amended by adding
9-9 Subchapter D to read as follows:
9-10 SUBCHAPTER D. TRANSFERS OF CERTAIN CENTERS AUTHORIZED
9-11 Sec. 135.701. TRANSFER OF EXTENSION CENTER IN ABILENE.
9-12 (a) The board may transfer the governance, operation, management,
9-13 and control of the system's extension center located in the city of
9-14 Abilene in Taylor County, along with all right, title, and interest
9-15 held by the system in the land, buildings, facilities,
9-16 improvements, equipment, supplies, and property comprising that
9-17 extension center, to the board of trustees of Cisco Junior College
9-18 if the transfer is requested in writing by the City Council of the
9-19 City of Abilene and if the board of trustees of Cisco Junior
9-20 College agrees to the transfer.
9-21 (b) The transfer must include all programs operated by or in
9-22 connection with the system's extension center located in the city
9-23 of Abilene in Taylor County on the effective date of the transfer.
9-24 (c) If the board of trustees of Cisco Junior College agrees
9-25 to the transfer, the transfer is subject to Sections
10-1 135.704-135.707.
10-2 Sec. 135.702. TRANSFER OF EXTENSION CENTER IN BROWNWOOD.
10-3 (a) The board may transfer the governance, operation, management,
10-4 and control of the system's extension center located in the city of
10-5 Brownwood in Brown County, along with all right, title, and
10-6 interest held by the system in the land, buildings, facilities,
10-7 improvements, equipment, supplies, and property comprising that
10-8 extension center, to the board of trustees of Ranger Junior College
10-9 if the transfer is requested in writing by the Brownwood Economic
10-10 Development Corporation and if the board of trustees of Ranger
10-11 Junior College agrees to the transfer.
10-12 (b) The transfer must include all programs operated by or in
10-13 connection with the system's extension center located in the city
10-14 of Brownwood in Brown County on the effective date of the transfer.
10-15 (c) If the board of trustees of Ranger Junior College agrees
10-16 to the transfer, the transfer is subject to Sections
10-17 135.704-135.707.
10-18 Sec. 135.703. TRANSFER OF RURAL TECHNOLOGY CENTER IN
10-19 BRECKENRIDGE. (a) The board may transfer the governance,
10-20 operation, management, and control of the system's rural technology
10-21 center located in the city of Breckenridge in Stephens County,
10-22 along with all right, title, and interest held by the system in the
10-23 land, buildings, facilities, improvements, equipment, supplies, and
10-24 property comprising that rural technology center, to the board of
10-25 trustees of Cisco Junior College, Ranger Junior College,
11-1 Weatherford College, or Western Texas College if the transfer to
11-2 one of those boards of trustees is requested in writing by the
11-3 Development Corporation of Breckenridge, Inc., and if the
11-4 particular board of trustees agrees to the transfer.
11-5 (b) The transfer must include all programs operated by or in
11-6 connection with the system's rural technology center located in the
11-7 city of Breckenridge in Stephens County on the effective date of
11-8 the transfer.
11-9 (c) If the board of trustees of the applicable public junior
11-10 college agrees to the transfer, the transfer is subject to Sections
11-11 135.704-135.707.
11-12 Sec. 135.704. POWERS AND DUTIES. The board of trustees of
11-13 the applicable public junior college may govern, operate, manage,
11-14 and control the system center transferred to it under this
11-15 subchapter and all land, buildings, facilities, improvements,
11-16 equipment, supplies, and property comprising that center in
11-17 accordance with the powers, duties, and responsibilities conferred
11-18 by law on the board of trustees of the public junior college for
11-19 the governance, operation, management, and control of the public
11-20 junior college.
11-21 Sec. 135.705. CONTRACTS AND WRITTEN OBLIGATIONS. Contracts
11-22 and written obligations of every kind and character, including
11-23 bonds, entered into by the system board for and on behalf of the
11-24 applicable system center and in effect on the date of the transfer
11-25 are ratified and validated by the agreement of the board of
12-1 trustees of the applicable public junior college to the transfer.
12-2 In those contracts and written obligations, including bonds, the
12-3 board of trustees of the applicable public junior college is
12-4 substituted for and stands and acts in the place of the system
12-5 board.
12-6 Sec. 135.706. EMPLOYEE INSURANCE AND OTHER BENEFITS. Any
12-7 contract or other agreement with a provider of insurance or
12-8 employee benefits that provides coverage for employees of a system
12-9 center transferred under this subchapter is not void and does not
12-10 terminate on the effective date of the transfer. Any such contract
12-11 or agreement remains in effect as a contract or agreement of the
12-12 applicable public junior college for the employees transferred to
12-13 the public junior college until its date of expiration unless it
12-14 terminates before the expiration date in accordance with its terms.
12-15 All persons for whom the insurance or benefits are provided on the
12-16 effective date of the transfer are covered by the insurance or
12-17 benefits in accordance with the terms of those agreements until the
12-18 respective dates of termination or expiration of those agreements.
12-19 The persons covered by the agreements who are employees of the
12-20 applicable public junior college on the respective termination or
12-21 expiration dates of those agreements shall be included in any
12-22 similar agreements that relate to other employees of the public
12-23 junior college and that are in effect on the termination or
12-24 expiration dates.
12-25 Sec. 135.707. EFFECT OF TRANSFER ON STUDENTS AND EMPLOYEES.
13-1 The transfer under this subchapter of the governance, operation,
13-2 management, and control of a system center to the board of trustees
13-3 of a public junior college does not affect:
13-4 (1) the credit hours earned by students at the center
13-5 before the effective date of the transfer; or
13-6 (2) the employment status on the effective date of the
13-7 transfer of the administrative personnel, faculty, or support staff
13-8 of the center.
13-9 SECTION 10. Section 4, Development Corporation Act of 1979
13-10 (Article 5190.6, Vernon's Texas Civil Statutes), is amended by
13-11 adding Subsection (k) to read as follows:
13-12 (k) A corporation created under Subsection (a) of this
13-13 section may pay a public junior college the cost of physical plant
13-14 maintenance and operation at a facility located in the unit that
13-15 created the corporation if the facility was formerly an extension
13-16 center or rural technology center of the Texas State Technical
13-17 College System.
13-18 SECTION 11. Section 4A, Development Corporation Act of 1979
13-19 (Article 5190.6, Vernon's Texas Civil Statutes), is amended by
13-20 adding Subsection (s) to read as follows:
13-21 (s) A corporation created under this section may pay a
13-22 public junior college the cost of physical plant maintenance and
13-23 operation at a facility located in the city that created the
13-24 corporation if the facility was formerly an extension center or
13-25 rural technology center of the Texas State Technical College
14-1 System.
14-2 SECTION 12. Section 4B, Development Corporation Act of 1979
14-3 (Article 5190.6, Vernon's Texas Civil Statutes), is amended by
14-4 adding Subsection (o) to read as follows:
14-5 (o) A corporation created under this section may pay a
14-6 public junior college the cost of physical plant maintenance and
14-7 operation at a facility located in the city that created the
14-8 corporation if the facility was formerly an extension center or
14-9 rural technology center of the Texas State Technical College
14-10 System.
14-11 SECTION 13. Subchapter C, Chapter 61, Education Code, is
14-12 amended by adding Section 61.0594 to read as follows:
14-13 Sec. 61.0594. FUNDING FOR HIGH-TECHNOLOGY COSTS OF
14-14 POSTSECONDARY VOCATIONAL-TECHNICAL EDUCATION. (a) In the formulas
14-15 established under Section 61.0592 for postsecondary
14-16 vocational-technical programs, the board shall make recommendations
14-17 to the legislature for funding the special costs associated with
14-18 the regular maintenance, replacement, and upgrading of equipment
14-19 required for a program in a highly specialized advanced or emerging
14-20 technical or vocational field to maintain program excellence.
14-21 (b) To the extent funds are appropriated by the legislature,
14-22 the board may administer a program to support high-technology
14-23 postsecondary vocational-technical education in this state by
14-24 assisting a public technical institute or public junior college to
14-25 cover its special costs for the modernization, upgrading, start-up,
15-1 or expansion of a program in a highly specialized advanced or
15-2 emerging technical field, including the acquisition of appropriate
15-3 equipment for the program. The board shall prescribe guidelines
15-4 and procedures for the administration and disposition of requests
15-5 by those institutions for grants under the program. The board may
15-6 make grants under the program to those institutions as necessary to
15-7 ensure adequate funding of those costs.
15-8 (c) The board shall adopt rules implementing the provisions
15-9 of this section. Such rules shall provide for awards on a
15-10 competitive, peer review basis.
15-11 (d) The program, including any costs of administration,
15-12 shall be funded by appropriations and by gifts, grants, and
15-13 donations made for that purpose. From program funds, the
15-14 comptroller shall issue warrants to each eligible institution
15-15 receiving a grant from the program in the amount certified by the
15-16 board. An amount granted to an institution under the program may
15-17 be used only to support the particular program for which the award
15-18 is made in accordance with any conditions imposed by the board and
15-19 may not be expended for the general support of the institution.
15-20 (e) The board may appoint an advisory committee to advise
15-21 the board regarding the development and administration of the
15-22 program. The board shall employ a process of committee review and
15-23 expert testimony and analysis to assist the board in considering
15-24 requests for grants from the fund and to determine the
15-25 appropriateness of its grants from the fund.
16-1 SECTION 14. This Act takes effect September 1, 1997.
16-2 SECTION 15. The importance of this legislation and the
16-3 crowded condition of the calendars in both houses create an
16-4 emergency and an imperative public necessity that the
16-5 constitutional rule requiring bills to be read on three several
16-6 days in each house be suspended, and this rule is hereby suspended.