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                                  * * * * *