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.