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