76R11480 KEL-D
By Keffer H.B. No. 2415
Substitute the following for H.B. No. 2415:
By Rangel C.S.H.B. No. 2415
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to a junior college district branch campus, center, or
1-3 extension facility.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 130.086, Education Code, is amended by
1-6 amending Subsections (a), (c), (d), and (f) and by adding
1-7 Subsections (g) and (h) to read as follows:
1-8 (a) The board of trustees of a junior college district may
1-9 establish and operate branch campuses, centers, or extension
1-10 facilities within the junior college district's service area [,
1-11 without regard to the geographical bounds of the junior college
1-12 district], provided that each branch campus, center, or extension
1-13 facility and each course or program offered in such locations is
1-14 subject to the prior and continuing approval of the Texas Higher
1-15 Education Coordinating Board[, Texas College and University
1-16 System].
1-17 (c) The board of trustees of a junior college district may
1-18 accept or acquire by purchase or rent land and facilities in the
1-19 name of the junior college district within the junior college
1-20 district's service area [without regard to the geographical bounds
1-21 of the junior college district].
1-22 (d) Before any course may be offered by a public junior
1-23 college within the service area [district] of another operating
1-24 public junior college, it must be established that the second
2-1 public junior college is not capable of or is unable to offer the
2-2 course. If the course is to be offered in a county which has a
2-3 population of more than 115,000 persons, according to the last
2-4 preceding federal census, and which has no state-supported senior
2-5 college or university within its boundaries, it must also be
2-6 established that any other college or university in the county is
2-7 not able and willing to offer the course. After the need is
2-8 established and the course is not locally available, then the first
2-9 public junior college may offer the course when approval is granted
2-10 by the Texas Higher Education Coordinating Board, under the
2-11 provisions of Subsection (a).
2-12 (f) Notwithstanding Subchapter J, the service area of a
2-13 junior college district does not include territory within the
2-14 boundaries of the taxing district of another junior college
2-15 district. If a branch campus, center, or extension facility
2-16 operated by a junior college district outside its taxing district
2-17 becomes located within the taxing district of another junior
2-18 college district when the other district is established or annexes
2-19 the territory that includes the campus, center, or facility, the
2-20 junior college district operating the campus, center, or facility
2-21 must discontinue the campus, center, or facility within a
2-22 reasonable period, not to exceed one academic year. The junior
2-23 college district in which the campus, center, or facility is
2-24 located must fairly compensate the junior college district that
2-25 discontinues the campus, center, or facility for any capital
2-26 improvements that the discontinuing district acquired or
2-27 constructed for the campus, center, or facility, to the extent the
3-1 discontinuing district is otherwise unable to recover the current
3-2 value of its investment in that capital improvement, as determined
3-3 by the Texas Higher Education Coordinating Board [Out-of-district
3-4 branch campuses, centers, or extension facilities of junior
3-5 colleges existing prior to September 1, 1971, shall be reviewed by
3-6 the Coordinating Board, Texas College and University System, to
3-7 determine their feasibility and desirability with respect to the
3-8 junior college and the population of the geographical area served
3-9 by the branch campus, center, or extension facility].
3-10 (g) Subsections (a) and (c) do not apply to a branch campus,
3-11 center, or extension facility that is established before September
3-12 1, 1999.
3-13 (h) This section does not affect the authority of the Texas
3-14 Higher Education Coordinating Board regarding the continued
3-15 operation of a branch campus, center, or extension facility.
3-16 SECTION 2. Section 130.087(k), Education Code, is amended to
3-17 read as follows:
3-18 (k) The proceeds of the junior college district branch
3-19 campus maintenance tax may be used only to operate and maintain a
3-20 junior college district branch campus and to support its programs
3-21 and services [only] in the area of a jurisdiction that levies a
3-22 junior college district branch campus maintenance tax to operate,
3-23 maintain, and support the same junior college district branch
3-24 campus [:]
3-25 [(1) the area of the jurisdiction levying the junior
3-26 college district branch campus maintenance tax; or]
3-27 [(2) the area of a jurisdiction contiguous to the
4-1 jurisdiction levying the tax that also levies a junior college
4-2 district branch campus maintenance tax to operate, maintain, and
4-3 support the same junior college district branch campus].
4-4 SECTION 3. This Act takes effect September 1, 1999.
4-5 SECTION 4. The importance of this legislation and the
4-6 crowded condition of the calendars in both houses create an
4-7 emergency and an imperative public necessity that the
4-8 constitutional rule requiring bills to be read on three several
4-9 days in each house be suspended, and this rule is hereby suspended.