HBA-MPM, KMH H.B. 1869 76(R)BILL ANALYSIS


Office of House Bill AnalysisH.B. 1869
By: Pitts
Higher Education
7/19/1999
Enrolled



BACKGROUND AND PURPOSE 

State law authorizing junior college districts to annex additional
territory was adopted prior to the assignment of service areas to junior
college districts in 1995.  This law was designed to limit a junior college
district's annexation authority over territory which was contiguous to the
actual district boundaries of the annexing junior college to avoid conflict
among the various college districts by preventing a district from
intentionally or inadvertently encroaching on another district's real or
perceived "client community."  H.B. 1869 eliminates the contiguity
requirement from the definition of territory eligible to be annexed and
also eliminates this contiguity requirement from the annexation election
statute which references this concept. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 130.063, Education Code, to redefine "territory"
to consist of a county or part of a county or a school district or part of
a school district adjacent to the junior college district or located in the
service area of the district established under Subchapter J (Junior College
District Service Areas), Chapter 130, Education Code.  Prohibits a junior
college district from annexing territory under this section if the
territory falls in the same county as any part of the junior college
district and a campus of the Texas State Technical College System is
located within the county and outside the junior college district.  Makes
conforming and nonsubstantive changes. 

SECTION 2.  Amends Section 130.066(a), Education Code, to authorize
inclusion of a territory within the boundaries of a junior college district
if it is located in the service area of the district established under
Subchapter J, rather than laid out by the Coordinating Board, Texas College
and University System, as a service area for assisting junior colleges.
Makes conforming and nonsubstantive changes. 

SECTION 3.  Emergency clause.
  Effective date: upon passage.