1-1 By: Bivins S.B. No. 1577
1-2 (In the Senate - Filed March 14, 1997; March 24, 1997, read
1-3 first time and referred to Committee on Education; April 1, 1997,
1-4 reported adversely, with favorable Committee Substitute by the
1-5 following vote: Yeas 10, Nays 1; April 1, 1997, sent to printer.)
1-6 COMMITTEE SUBSTITUTE FOR S.B. No. 1577 By: Bivins
1-7 A BILL TO BE ENTITLED
1-8 AN ACT
1-9 relating to public postsecondary technical and vocational
1-10 education, to the programs, operation, and administration of the
1-11 Texas State Technical College System, and to the transfer of
1-12 certain centers operated by the system to certain junior colleges.
1-13 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-14 SECTION 1. Section 135.01, Education Code, is amended by
1-15 amending Subsection (b) and adding Subsections (d), (e), and (f) to
1-16 read as follows:
1-17 (b) Texas State Technical College System shall contribute to
1-18 the educational and economic development of the State of Texas by
1-19 offering occupationally oriented programs in [with supporting
1-20 academic course work, emphasizing] highly specialized advanced and
1-21 emerging technical and vocational areas, as determined by the
1-22 coordinating board, for certificates or associate degrees. The
1-23 system may offer supporting academic course work to the extent
1-24 required for accreditation by a recognized accrediting agency as
1-25 defined by Section 61.003. The system [Texas State Technical
1-26 College System] is authorized to serve the State of Texas through
1-27 excellence in instruction, public service, faculty and manpower
1-28 research, and economic development. The system's economic
1-29 development efforts to improve the competitiveness of Texas
1-30 business and industry include exemplary centers of excellence in
1-31 technical program clusters on the system's campuses and support of
1-32 educational research commercialization initiatives. Through close
1-33 collaboration with business, industry, governmental agencies, and
1-34 communities, including public and private secondary and
1-35 postsecondary educational institutions, the system shall facilitate
1-36 and deliver an articulated and responsive technical education
1-37 system.
1-38 (d) If a program is not authorized by Subsection (b), the
1-39 system may continue to offer the program after September 1, 1997,
1-40 at a particular campus or center if the campus or center offered
1-41 that program during the 1996-1997 academic year, but the program
1-42 may not be expanded by adding new degree tracks to it.
1-43 Notwithstanding this limitation, the system campus or center may
1-44 revise the curriculum in a program continued under this subsection
1-45 in order to maintain the general applicability of the program to
1-46 the technical or vocational area it addressed during the 1996-1997
1-47 academic year.
1-48 (e) The coordinating board shall name an advisory committee
1-49 equitably composed of representatives of the system, public junior
1-50 colleges, and business and industry to provide advice, counsel, and
1-51 recommendations to the coordinating board in carrying out its
1-52 duties and responsibilities under this title relating to the
1-53 system. In addition to other matters, the advisory committee shall
1-54 provide recommendations to the board about the programs and course
1-55 work that the system may offer pursuant to Subsection (b).
1-56 (f) This section does not limit the authority of the
1-57 coordinating board to exercise its duties under this title,
1-58 including its duties to review and order the consolidation or
1-59 elimination of programs under Section 61.051, with respect to
1-60 programs continued or expanded under this section.
1-61 SECTION 2. Subsection (a), Section 135.02, Education Code,
1-62 as amended by Section 3, Chapter 359, Acts of the 73rd Legislature,
1-63 1993, is amended to read as follows:
1-64 (a) The Texas State Technical College System is composed of:
2-1 (1) a system office located in the city of Waco in
2-2 McLennan County;
2-3 (2) a campus located in the city of Amarillo in Potter
2-4 County;
2-5 (3) a campus located in the city of Harlingen in
2-6 Cameron County;
2-7 (4) a campus located in the city of Sweetwater in
2-8 Nolan County;
2-9 (5) a campus [an extension center] located in the city
2-10 of Marshall in Harrison County;
2-11 (6) a campus located in the city of Waco in McLennan
2-12 County;
2-13 (7) extension centers in the city of Brownwood in
2-14 Brown County and the city of Abilene in Taylor County and an
2-15 extension program offered through a rural technology center in the
2-16 city of Breckenridge in Stephens County; and
2-17 (8) other campuses assigned to the system from time to
2-18 time by specific legislative Act.
2-19 SECTION 3. Section 135.02, Education Code, is amended by
2-20 amending Subsections (d) and (e) and adding Subsection (f) to read
2-21 as follows:
2-22 (d) The board may not establish an [the] extension center
2-23 after September 1, 1997 [located in the City of Marshall and accept
2-24 or acquire land and facilities for that purpose only if the
2-25 establishment of the center is approved by the Texas Higher
2-26 Education Coordinating Board].
2-27 (e) It is the intent of the legislature that the system
2-28 campus [Texas State Technical Institute extension center] in
2-29 Marshall shall not offer general academic or technical courses or
2-30 programs that duplicate the general academic or technical courses
2-31 and programs offered by Panola College, unless:
2-32 (1) Panola College agrees that the system campus may
2-33 offer the course or program; or
2-34 (2) the coordinating board determines that it is
2-35 essential that the course be offered in order for the campus to be
2-36 accredited by a recognized accrediting agency as defined by Section
2-37 61.003 [Northeast Texas Community College, and Kilgore College].
2-38 The coordinating board [Texas Higher Education Coordinating
2-39 Board] is hereby assigned the responsibility to determine whether
2-40 proposed courses and programs are duplicative.
2-41 (f) Panola College and the board of the system shall enter
2-42 into an agreement under which the college and the system agree:
2-43 (1) to offer courses at locations most convenient to
2-44 those students likely to enroll in the courses;
2-45 (2) that a student enrolled at the system's Marshall
2-46 campus shall be allowed to register for and attend a course offered
2-47 by the junior college as a student of the system and not as a
2-48 student of the junior college if the course:
2-49 (A) is required for the student to complete the
2-50 student's degree, certificate, or diploma program; and
2-51 (B) may not be offered at the system's Marshall
2-52 campus because of the restrictions provided by Subsection (e);
2-53 (3) that the system will pay the junior college the
2-54 faculty salary and instructional administration costs of providing
2-55 the course to the system's student; and
2-56 (4) that a student may not be required to pay any
2-57 tuition or fees charged by the junior college for registering for
2-58 or attending the course.
2-59 SECTION 4. Section 135.04, Education Code, is amended by
2-60 amending Subsections (b) and (c) and adding Subsections (d) and (e)
2-61 to read as follows:
2-62 (b) Before [any program may be offered by] a system [campus
2-63 or] extension center or extension program may offer a new program
2-64 to be operated within the tax district of a public junior college
2-65 that is operating a vocational and technical program, the
2-66 coordinating board must determine that:
2-67 (1) the program is authorized by Section 135.01;
2-68 (2) there is sufficient demand for the program;
2-69 (3) the system can offer the program at appropriate
3-1 levels of quality and cost; and
3-2 (4) [it must be established that] the public junior
3-3 college is not capable of offering or is unwilling [unable] to
3-4 offer the program. [After it is established that a need for the
3-5 program exists and that the program is not locally available, the
3-6 campus or extension center may offer the program, provided approval
3-7 is secured from the coordinating board. Approval of
3-8 technical-vocational programs under this section does not apply to
3-9 McLennan, Cameron, and Potter counties.]
3-10 (c) Where a local government, business, or industry located
3-11 in a county or a portion of a county that is not operating a public
3-12 junior college district requests that the campus or extension
3-13 center offer a program, the campus or extension center may offer
3-14 the program provided the program is authorized by Section 135.01
3-15 and approval is secured from the coordinating board.
3-16 (d) Before a system campus may offer a new program that is
3-17 to be operated within the tax district of a public junior college
3-18 that is operating a vocational and technical program, the
3-19 coordinating board must determine that:
3-20 (1) the program is authorized by Section 135.01;
3-21 (2) a need for the program exists;
3-22 (3) the system can offer the program at appropriate
3-23 levels of quality and cost; and
3-24 (4) there is sufficient demand in this state to
3-25 justify the offering of the program.
3-26 (e) Before a system campus or center may offer a new program
3-27 that is not authorized by Section 135.01, the proposed program must
3-28 be approved by the regional higher education council of the region
3-29 in which the campus or center is located and by the coordinating
3-30 board. In making its determination, the coordinating board must
3-31 determine that:
3-32 (1) a need for the program exists;
3-33 (2) there is sufficient demand in the state to justify
3-34 the offering of the program; and
3-35 (3) the system can offer the program at an appropriate
3-36 level of quality and cost.
3-37 SECTION 5. Section 135.06, Education Code, is amended by
3-38 adding Subsection (g) to read as follows:
3-39 (g) The system may not create an extension program after
3-40 September 1, 1997. This subsection is not intended to discourage
3-41 the system from cooperating with public junior colleges in offering
3-42 programs.
3-43 SECTION 6. Section 135.51, Education Code, is amended to
3-44 read as follows:
3-45 Sec. 135.51. CERTIFICATES, DIPLOMAS, AND ASSOCIATE DEGREES.
3-46 The board shall prescribe and award associate of applied science
3-47 degrees, certificates, and diplomas limited to those appropriate to
3-48 technical education in the programs authorized by this chapter.
3-49 SECTION 7. Subchapter C, Chapter 135, Education Code, is
3-50 amended by adding Section 135.541 to read as follows:
3-51 Sec. 135.541. COOPERATION WITH COMMUNITY COLLEGES. (a) The
3-52 board shall attempt to coordinate its programs with those of a
3-53 public junior college that offers technical or vocational programs
3-54 or instruction in the same region to ensure that state and local
3-55 resources are efficiently used in the development of programs and
3-56 curricula and in the offering of courses and programs. The board
3-57 shall implement policies designed to encourage the offering of
3-58 joint programs with public junior colleges offering programs in the
3-59 same region.
3-60 (b) The coordinating board shall consider the extent to
3-61 which the board of the system has complied with this section in its
3-62 approval and continuing review of the system's educational
3-63 programs.
3-64 SECTION 8. Subchapter A, Chapter 130, Education Code, is
3-65 amended by adding Section 130.010 to read as follows:
3-66 Sec. 130.010. COOPERATION WITH STATE TECHNICAL COLLEGE
3-67 SYSTEM. (a) The board of trustees of a junior college district
3-68 shall attempt to coordinate its programs with those of a component
3-69 of the Texas State Technical College System that offers technical
4-1 or vocational programs or instruction in the same region to ensure
4-2 that state and local resources are efficiently used in the
4-3 development of programs and curricula and in the offering of
4-4 courses and programs. The board of trustees shall implement
4-5 policies designed to encourage the offering of joint programs with
4-6 the Texas State Technical College System component offering
4-7 programs in the same region.
4-8 (b) The coordinating board shall consider the extent to
4-9 which the board of trustees of a junior college district has
4-10 complied with this section in its approval and continuing review of
4-11 the district's educational programs.
4-12 SECTION 9. Chapter 135, Education Code, is amended by adding
4-13 Subchapter D to read as follows:
4-14 SUBCHAPTER D. TRANSFERS OF CERTAIN CENTERS AUTHORIZED
4-15 Sec. 135.701. TRANSFER OF EXTENSION CENTER IN ABILENE.
4-16 (a) The board may transfer the governance, operation, management,
4-17 and control of the system's extension center located in the city of
4-18 Abilene in Taylor County, along with all right, title, and interest
4-19 held by the system in the land, buildings, facilities,
4-20 improvements, equipment, supplies, and property comprising that
4-21 extension center, to the board of trustees of Cisco Junior College
4-22 if the transfer is requested in writing by the City Council of the
4-23 City of Abilene and if the board of trustees of Cisco Junior
4-24 College agrees to the transfer.
4-25 (b) The transfer must include all programs operated by or in
4-26 connection with the system's extension center located in the city
4-27 of Abilene in Taylor County on the effective date of the transfer.
4-28 (c) If the board of trustees of Cisco Junior College agrees
4-29 to the transfer, the transfer is subject to Sections
4-30 135.704-135.707.
4-31 Sec. 135.702. TRANSFER OF EXTENSION CENTER IN BROWNWOOD.
4-32 (a) The board may transfer the governance, operation, management,
4-33 and control of the system's extension center located in the city of
4-34 Brownwood in Brown County, along with all right, title, and
4-35 interest held by the system in the land, buildings, facilities,
4-36 improvements, equipment, supplies, and property comprising that
4-37 extension center, to the board of trustees of Ranger Junior College
4-38 if the transfer is requested in writing by the Brownwood Economic
4-39 Development Corporation and if the board of trustees of Ranger
4-40 Junior College agrees to the transfer.
4-41 (b) The transfer must include all programs operated by or in
4-42 connection with the system's extension center located in the city
4-43 of Brownwood in Brown County on the effective date of the transfer.
4-44 (c) If the board of trustees of Ranger Junior College agrees
4-45 to the transfer, the transfer is subject to Sections
4-46 135.704-135.707.
4-47 Sec. 135.703. TRANSFER OF RURAL TECHNOLOGY CENTER IN
4-48 BRECKENRIDGE. (a) The board may transfer the governance,
4-49 operation, management, and control of the system's rural technology
4-50 center located in the city of Breckenridge in Stephens County,
4-51 along with all right, title, and interest held by the system in the
4-52 land, buildings, facilities, improvements, equipment, supplies, and
4-53 property comprising that rural technology center, to the board of
4-54 trustees of Cisco Junior College, Ranger Junior College,
4-55 Weatherford College, or Western Texas College if the transfer to
4-56 one of those boards of trustees is requested in writing by the
4-57 Development Corporation of Breckenridge, Inc., and if the
4-58 particular board of trustees agrees to the transfer.
4-59 (b) The transfer must include all programs operated by or in
4-60 connection with the system's rural technology center located in the
4-61 city of Breckenridge in Stephens County on the effective date of
4-62 the transfer.
4-63 (c) If the board of trustees of the applicable public junior
4-64 college agrees to the transfer, the transfer is subject to Sections
4-65 135.704-135.707.
4-66 Sec. 135.704. POWERS AND DUTIES. The board of trustees of
4-67 the applicable public junior college may govern, operate, manage,
4-68 and control the system center transferred to it under this
4-69 subchapter and all land, buildings, facilities, improvements,
5-1 equipment, supplies, and property comprising that center in
5-2 accordance with the powers, duties, and responsibilities conferred
5-3 by law on the board of trustees of the public junior college for
5-4 the governance, operation, management, and control of the public
5-5 junior college.
5-6 Sec. 135.705. CONTRACTS AND WRITTEN OBLIGATIONS. Contracts
5-7 and written obligations of every kind and character, including
5-8 bonds, entered into by the system board for and on behalf of the
5-9 applicable system center and in effect on the date of the transfer
5-10 are ratified and validated by the agreement of the board of
5-11 trustees of the applicable public junior college to the transfer.
5-12 In those contracts and written obligations, including bonds, the
5-13 board of trustees of the applicable public junior college is
5-14 substituted for and stands and acts in the place of the system
5-15 board.
5-16 Sec. 135.706. EMPLOYEE INSURANCE AND OTHER BENEFITS. Any
5-17 contract or other agreement with a provider of insurance or
5-18 employee benefits that provides coverage for employees of a system
5-19 center transferred under this subchapter is not void and does not
5-20 terminate on the effective date of the transfer. Any such contract
5-21 or agreement remains in effect as a contract or agreement of the
5-22 applicable public junior college for the employees transferred to
5-23 the public junior college until its date of expiration unless it
5-24 terminates before the expiration date in accordance with its terms.
5-25 All persons for whom the insurance or benefits are provided on the
5-26 effective date of the transfer are covered by the insurance or
5-27 benefits in accordance with the terms of those agreements until the
5-28 respective dates of termination or expiration of those agreements.
5-29 The persons covered by the agreements who are employees of the
5-30 applicable public junior college on the respective termination or
5-31 expiration dates of those agreements shall be included in any
5-32 similar agreements that relate to other employees of the public
5-33 junior college and that are in effect on the termination or
5-34 expiration dates.
5-35 Sec. 135.707. EFFECT OF TRANSFER ON STUDENTS AND EMPLOYEES.
5-36 The transfer under this subchapter of the governance, operation,
5-37 management, and control of a system center to the board of trustees
5-38 of a public junior college does not affect:
5-39 (1) the credit hours earned by students at the center
5-40 before the effective date of the transfer; or
5-41 (2) the employment status on the effective date of the
5-42 transfer of the administrative personnel, faculty, or support staff
5-43 of the center.
5-44 SECTION 10. Section 4, Development Corporation Act of 1979
5-45 (Article 5190.6, Vernon's Texas Civil Statutes), is amended by
5-46 adding Subsection (k) to read as follows:
5-47 (k) A corporation created under Subsection (a) of this
5-48 section may pay a public junior college the cost of physical plant
5-49 maintenance and operation at a facility located in the unit that
5-50 created the corporation if the facility was formerly an extension
5-51 center or rural technology center of the Texas State Technical
5-52 College System.
5-53 SECTION 11. Section 4A, Development Corporation Act of 1979
5-54 (Article 5190.6, Vernon's Texas Civil Statutes), is amended by
5-55 adding Subsection (s) to read as follows:
5-56 (s) A corporation created under this section may pay a
5-57 public junior college the cost of physical plant maintenance and
5-58 operation at a facility located in the city that created the
5-59 corporation if the facility was formerly an extension center or
5-60 rural technology center of the Texas State Technical College
5-61 System.
5-62 SECTION 12. Section 4B, Development Corporation Act of 1979
5-63 (Article 5190.6, Vernon's Texas Civil Statutes), is amended by
5-64 adding Subsection (o) to read as follows:
5-65 (o) A corporation created under this section may pay a
5-66 public junior college the cost of physical plant maintenance and
5-67 operation at a facility located in the city that created the
5-68 corporation if the facility was formerly an extension center or
5-69 rural technology center of the Texas State Technical College
6-1 System.
6-2 SECTION 13. Subchapter C, Chapter 61, Education Code, is
6-3 amended by adding Section 61.0594 to read as follows:
6-4 Sec. 61.0594. FUNDING FOR HIGH-TECHNOLOGY COSTS OF
6-5 POSTSECONDARY VOCATIONAL-TECHNICAL EDUCATION. (a) In the formulas
6-6 established under Section 61.0592 for postsecondary
6-7 vocational-technical programs, the board shall make recommendations
6-8 to the legislature for funding the special costs associated with
6-9 the regular maintenance, replacement, and upgrading of equipment
6-10 required for a program in a highly specialized advanced or emerging
6-11 technical or vocational field to maintain program excellence.
6-12 (b) To the extent funds are appropriated by the legislature,
6-13 the board may administer a program to support high-technology
6-14 postsecondary vocational-technical education in this state by
6-15 assisting a public technical institute or public junior college to
6-16 cover its special costs for the modernization, upgrading, start-up,
6-17 or expansion of a program in a highly specialized advanced or
6-18 emerging technical field, including the acquisition of appropriate
6-19 equipment for the program. The board shall prescribe guidelines
6-20 and procedures for the administration and disposition of requests
6-21 by those institutions for grants under the program. The board may
6-22 make grants under the program to those institutions as necessary to
6-23 ensure adequate funding of those costs.
6-24 (c) The board shall adopt rules implementing the provisions
6-25 of this section. Such rules shall provide for awards on a
6-26 competitive, peer review basis.
6-27 (d) The program, including any costs of administration,
6-28 shall be funded by appropriations and by gifts, grants, and
6-29 donations made for that purpose. From program funds, the
6-30 comptroller shall issue warrants to each eligible institution
6-31 receiving a grant from the program in the amount certified by the
6-32 board. An amount granted to an institution under the program may
6-33 be used only to support the particular program for which the award
6-34 is made in accordance with any conditions imposed by the board and
6-35 may not be expended for the general support of the institution.
6-36 (e) The board may appoint an advisory committee to advise
6-37 the board regarding the development and administration of the
6-38 program. The board shall employ a process of committee review and
6-39 expert testimony and analysis to assist the board in considering
6-40 requests for grants from the fund and to determine the
6-41 appropriateness of its grants from the fund.
6-42 SECTION 14. This Act takes effect September 1, 1997.
6-43 SECTION 15. The importance of this legislation and the
6-44 crowded condition of the calendars in both houses create an
6-45 emergency and an imperative public necessity that the
6-46 constitutional rule requiring bills to be read on three several
6-47 days in each house be suspended, and this rule is hereby suspended.
6-48 * * * * *