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.