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Amend HB 2221 (Senate committee printing) by striking all
beneath the enacting clause and substituting the following:
SECTION 1. Subchapter A, Chapter 130, Education Code, is
amended by adding Section 130.0081 to read as follows:
Sec. 130.0081. AGREEMENT WITH JUNIOR COLLEGE DISTRICT. (a)
A junior college district may enter into an agreement with any
person, including an employer, political subdivision, or other
entity, to provide educational services. The agreement must
provide for the entity to cover at least any cost to the district of
providing the services that exceeds the amount of tuition and fees
that would be charged to a student who resides in the district and
is enrolled in a substantially similar course.
(b) Students who are enrolled in a course under the
agreement are entitled to pay tuition and fees at the rate
applicable to a student who resides in the district.
SECTION 2. Subchapter D, Chapter 130, Education Code, is
amended by adding Section 130.074 to read as follows:
Sec. 130.074. EXTENDING BOUNDARIES OF JUNIOR COLLEGE
DISTRICT IN DISTRICT'S SERVICE AREA. (a) The governing board of a
junior college district may order an election on the question of
establishing expanded boundaries for the junior college district to
encompass all of the territory located within the district's
service area established by Subchapter J, other than territory
located in the service area of another junior college district, if
more than 35 percent of the total number of students who enrolled in
the junior college district in the most recent academic year
resided outside of the existing junior college district.
(b) The governing board of a junior college district may
order an election on the question of establishing expanded
boundaries for the junior college district to encompass part of the
territory located within the district's service area established by
Subchapter J, other than territory located in the service area of
another junior college district, if more than 15 percent of the high
school graduates for each of the preceding five academic years in
the territory proposed to be added to the district have enrolled in
the junior college district.
(c) Before the governing board of the junior college
district may order an annexation election under this section, the
board must hold a public hearing within the territory proposed for
annexation. The hearing must be held not earlier than the 45th day
and not later than the 30th day before the date the board issues the
order for the election.
(d) Not later than the 30th day before the date of a public
hearing held under Subsection (c), the board shall complete and
publish a service plan for the territory proposed for annexation.
The service plan is informational only and must include:
(1) the maximum property tax rate that the board may
adopt;
(2) the most recent property tax rate adopted by the
board and any tax rate increase proposed or anticipated to occur
after the annexation;
(3) the tuition rate that would apply after annexation
for a student who resides in the district;
(4) the tuition and fees that would apply to a student
who resides outside the district;
(5) plans for providing educational services in the
territory, including proposed or contemplated campus and facility
expansion in the territory;
(6) plans for cooperation with local workforce
agencies; and
(7) any other elements consistent with this subchapter
prescribed by rule of the Texas Higher Education Coordinating
Board.
(e) The governing board shall issue an order for an election
to be held in the territory proposed for annexation on a uniform
election date that is not less than 45 days after the date of the
order and that affords enough time to hold the election in the
manner provided by law. The board shall give notice of the election
in the manner provided by law for notice by the county judge of a
general election.
(f) The governing board shall conduct the election in
accordance with the Election Code.
(g) The election shall be held only in the territory
proposed for annexation, and only those registered voters residing
in that territory are permitted to vote.
(h) The ballot shall be printed to provide for voting for or
against the proposition: "Annexation of the following territory
for junior college purposes: ___________", with the blank filled
in with a description of the territory proposed for annexation.
(i) The measure is adopted if the measure receives a
favorable vote of a majority of those voters voting on the measure.
(j) If the measure is adopted, the governing board of the
district shall enter an order declaring the result of the election
and that the territory is annexed to the junior college district on
the date specified in the order.
(k) If the proposition is adopted and the governing board is
elected from single-member districts, the governing board in the
annexation order entered under Subsection (j) shall assign the new
territory to one or more of the current single-member districts.
(l) The annexation of territory and any resulting change in
the single-member districts from which members of the governing
board are elected does not affect the term of a member of the
governing board serving on the date the annexation or redistricting
takes effect. The governing board shall provide that each member of
the governing board representing a single-member district who is
holding office on the date the annexation takes effect serve the
remainder of the member's term and represent a single-member
district in the expanded junior college district for that term
regardless of whether the member resides in that single-member
district.
(m) If the measure is not adopted at the election, another
election to annex all or part of the same territory may not be held
earlier than one year after the date of the election at which the
measure is not approved.
SECTION 3. This Act does not affect the validity of an
agreement entered into before the effective date of this Act
between a junior college district and another person for the
provision of educational services by the district.
SECTION 4. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2005.