HBA-MPM H.B. 2415 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 2415
By: Keffer
Higher Education
3/29/1999
Introduced



BACKGROUND AND PURPOSE 

In 1995, the 74th Texas Legislature statutorily designated community
college services areas.  These areas define the geographic boundaries in
which a community college district is authorized to provide post-secondary
education services.  Each of the state's 50 community college districts has
a designated service area.  In most cases, the service area extends beyond
the boundaries of the college's taxing district. 

In the event that a college is delivering services beyond its taxing
district, the college is authorized to establish an extension center or
branch campus of the college beyond the taxing district.  H.B. 2415
establishes protection for colleges that construct extension centers or
branch campuses by requiring a new district established at such a location
to compensate the college district that constructed the facility for their
investment. 

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 130.086, Education Code, by amending Subsections
(a), (c), (d), and (f), and by adding Subsections (g) and (h), as follows: 

(a)  Authorizes the board of trustees (board) of a junior college (college)
district to establish and operate branch campuses, centers, or extension
facilities within the college district's service area, rather than without
regard to the geographical bounds of the district, given certain provisions
subject to the prior and continuing approval of only the Texas Higher
Education Coordinating Board (coordinating board), rather than the
coordinating board, Texas College, and University System. 

(c) Makes a conforming change.

(d)  Provides that before any course may be offered by a public junior
college, rather than a junior college, within the service area, rather than
the district, of another operating public junior college, it must be
established that the second public junior college is incapable of or unable
to offer the course. 

(f) Excludes territory within the boundaries of the taxing district of
another college district in the service area of a district,
nothwithstanding Subchapter J (Junior College District Service Areas),
Chapter 130 (Junior College Districts),  Education Code.  Provides that if
a branch campus, center, or extension facility operated by a district
outside its taxing district becomes located within the taxing district of
another district when the other district is established or annexes the
territory that includes the campus, center, or facility, the district
operating these entities must discontinue them within a reasonable period,
not to exceed one academic year.  Provides that the district in which these
entities are located must fairly compensate the district that discontinues
them for any capital improvements that the discontinuing district acquired
or constructed for the entities, to the extent the discontinuing  district
is otherwise unable to recover the current value of its investment in that
capital improvement, as determined by the coordinating board.  Deletes the
requirement that these entities existing prior to September 1, 1971 shall
be reviewed by the Coordinating Board, Texas College and University System,
to determine their feasibility and desirability with respect to the college
and the population of the geographical area served by the entities. 

(g) Makes Subsections (a) and (c) inapplicable to a branch campus, center,
or extension facility established before September 1, 1999. 

(h)  Provides that this section does not affect the authority of the
coordinating board regarding the continued operation of these entities. 

SECTION 2. Effective date:  September 1, 1999.

SECTION 3.  Emergency clause.