By Keffer H.B. No. 2415
76R7421 KEL-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the authority of a junior college district to
1-3 establish, operate, or offer a branch campus, center, extension
1-4 facility, or course in certain areas.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Section 130.086, Education Code, is amended by
1-7 amending Subsections (a), (c), (d), and (f) and by adding
1-8 Subsections (g) and (h) to read as follows:
1-9 (a) The board of trustees of a junior college district may
1-10 establish and operate branch campuses, centers, or extension
1-11 facilities within the junior college district's service area [,
1-12 without regard to the geographical bounds of the junior college
1-13 district], provided that each branch campus, center, or extension
1-14 facility and each course or program offered in such locations is
1-15 subject to the prior and continuing approval of the Texas Higher
1-16 Education Coordinating Board[, Texas College and University
1-17 System].
1-18 (c) The board of trustees of a junior college district may
1-19 accept or acquire by purchase or rent land and facilities in the
1-20 name of the junior college district within the junior college
1-21 district's service area [without regard to the geographical bounds
1-22 of the junior college district].
1-23 (d) Before any course may be offered by a public junior
1-24 college within the service area [district] of another operating
2-1 public junior college, it must be established that the second
2-2 public junior college is not capable of or is unable to offer the
2-3 course. If the course is to be offered in a county which has a
2-4 population of more than 115,000 persons, according to the last
2-5 preceding federal census, and which has no state-supported senior
2-6 college or university within its boundaries, it must also be
2-7 established that any other college or university in the county is
2-8 not able and willing to offer the course. After the need is
2-9 established and the course is not locally available, then the first
2-10 public junior college may offer the course when approval is granted
2-11 by the Texas Higher Education Coordinating Board, under the
2-12 provisions of Subsection (a).
2-13 (f) Notwithstanding Subchapter J, the service area of a
2-14 junior college district does not include territory within the
2-15 boundaries of the taxing district of another junior college
2-16 district. If a branch campus, center, or extension facility
2-17 operated by a junior college district outside its taxing district
2-18 becomes located within the taxing district of another junior
2-19 college district when the other district is established or annexes
2-20 the territory that includes the campus, center, or facility, the
2-21 junior college district operating the campus, center, or facility
2-22 must discontinue the campus, center, or facility within a
2-23 reasonable period, not to exceed one academic year. The junior
2-24 college district in which the campus, center, or facility is
2-25 located must fairly compensate the junior college district that
2-26 discontinues the campus, center, or facility for any capital
2-27 improvements that the discontinuing district acquired or
3-1 constructed for the campus, center, or facility, to the extent the
3-2 discontinuing district is otherwise unable to recover the current
3-3 value of its investment in that capital improvement, as determined
3-4 by the Texas Higher Education Coordinating Board [Out-of-district
3-5 branch campuses, centers, or extension facilities of junior
3-6 colleges existing prior to September 1, 1971, shall be reviewed by
3-7 the Coordinating Board, Texas College and University System, to
3-8 determine their feasibility and desirability with respect to the
3-9 junior college and the population of the geographical area served
3-10 by the branch campus, center, or extension facility].
3-11 (g) Subsections (a) and (c) do not apply to a branch campus,
3-12 center, or extension facility that is established before September
3-13 1, 1999.
3-14 (h) This section does not affect the authority of the Texas
3-15 Higher Education Coordinating Board regarding the continued
3-16 operation of a branch campus, center, or extension facility.
3-17 SECTION 2. This Act takes effect September 1, 1999.
3-18 SECTION 3. The importance of this legislation and the
3-19 crowded condition of the calendars in both houses create an
3-20 emergency and an imperative public necessity that the
3-21 constitutional rule requiring bills to be read on three several
3-22 days in each house be suspended, and this rule is hereby suspended.