By: Luna, et al. (Senate Sponsor - West) H.B. No. 2221
(In the Senate - Received from the House May 16, 2005;
May 17, 2005, read first time and referred to Committee on
Education; May 20, 2005, reported favorably by the following vote:
Yeas 5, Nays 1; May 20, 2005, sent to printer.)
A BILL TO BE ENTITLED
AN ACT
relating to the territory of a public junior college district and to
the provision of services by a junior college district to students
residing outside the district.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter A, Chapter 130, Education Code, is
amended by adding Section 130.00311 to read as follows:
Sec. 130.00311. METHODS OF INCLUSION OR PARTICIPATION IN
JUNIOR COLLEGE DISTRICT. (a) The following are methods that may be
used to be included in or to participate in a junior college
district:
(1) the registered voters of territory that is not
located in a junior college district may petition to join an
existing junior college district or to establish a new junior
college district under the other provisions of this chapter; or
(2) a junior college district may enter into an
agreement with an entity or community under Section 130.0081 to
provide services to the entity or community.
(b) If a political subdivision or part of a political
subdivision is not located in a junior college district or has not
entered into an agreement under Section 130.0081 on or before
September 1, 2010, a person who resides in that territory and who is
a student of a junior college district shall be charged tuition and
fees at the rate established under Section 130.0032(d).
SECTION 2. (a) The purpose of this section is to provide a
method to promote taxpayer equity by ensuring that the costs of
providing educational services to students who reside outside a
public junior college district are not financed disproportionately
by the taxpayers who reside in that district.
(b) Section 130.0032, Education Code, is amended by adding
Subsection (d) to read as follows:
(d) In each academic year beginning with the 2010-2011
academic year, the governing board of a junior college district
shall charge a student who resides outside the district tuition and
fees in a total amount that is at least equal to the amount of
tuition and fees charged to a similarly situated student who
resides in the district plus an amount per credit hour determined by
dividing the amount of ad valorem taxes imposed by the district in
the tax year preceding the year in which the academic year begins by
the number of credit hours for which the students who were residents
of the district enrolled in the district in the preceding academic
year.
SECTION 3. 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 4. Section 130.063, Education Code, is amended to
read as follows:
Sec. 130.063. EXTENSION OF JUNIOR COLLEGE DISTRICT
BOUNDARIES [FOR JUNIOR COLLEGE PURPOSES ONLY]. (a) Subject to
Subsection (b), territory [Territory] may be annexed to a [the]
junior college district [for junior college purposes only,] by
[either] contract under Section 130.064 or election under Section
130.065, if the territory:
(1) is contiguous to the annexing junior college
district [consists of a school district or part of a school district
or a county or part of a county]; or [and]
(2) is [adjacent to the junior college district or]
located in the service area of the annexing district established
under Subchapter J.
(b) Territory may be annexed to a junior college district as
provided by this section only if the territory is located wholly
within a single school district, county, or municipality. This
subsection does not prohibit a junior college district from
conducting annexation elections or other annexation procedures for
more than one territory at the same time.
(c) A junior college district may not annex territory under
this section that is included in the boundaries of another junior
college district.
(d) A junior college district may not annex territory under
this section if[:
[(1) the territory is located in the same county as any
part of the junior college district; and
[(2)] a campus of the Texas State Technical College
System is located:
(1) within the county in which the territory is
located; and
(2) outside the junior college district.
SECTION 5. Sections 130.065, 130.066, and 130.067,
Education Code, are amended to read as follows:
Sec. 130.065. ANNEXATION BY ELECTION. (a) On presentation
to the governing board of a junior college district of [If the
annexation is by election,] a petition proposing the annexation of
territory to the district, the governing board may call an election
on the question of annexing the territory. The petition must:
(1) contain an accurate description of the territory
proposed for annexation; and
(2) be signed by 100 [five percent of the] registered
voters in the territory proposed [seeking] to be annexed or by a
number of those registered voters equal to at least five percent of
the registered voters in that territory as of the most recent
general election for state and county officers, whichever number is
less [shall be presented to the county school board of the county,
or to the commissioners court of the county in case there is no
county school board].
(b) Before the governing board of the junior college
district may order an annexation election, 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 [The petition shall contain a legally sufficient
description of the territory proposed for annexation, and shall be
accompanied by a certified copy of an order by the governing board
of the junior college district affected approving the proposed
annexation of the territory to the junior college district for
junior college purposes only].
(c) Not later than the 30th day before the date of a public
hearing held under Subsection (b), 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 under
Section 130.0032(d) for 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.
(d) The governing [county school] board[, or the
commissioners court,] 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 [20 nor more than 30] days after
[from] the date of the order and that affords enough time to hold
the election in the manner provided by law. The board[, and] shall
give notice of the [date of the] election in the manner provided by
law for notice by the county judge of a general election [by posting
notices of such election in three public places within the
territory proposed for annexation].
(e) The governing board shall conduct the election in
accordance with the Election Code.
(f) The election shall be held only in the territory
proposed for annexation, and only [(d) Only] those registered
voters [legally qualified electors] residing in that [the]
territory are [proposed for annexation shall be] permitted to vote.
(g) 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.
(h) The measure is adopted if the measure receives a
favorable vote of a majority of those voters voting on the measure
[(e) The county school board, or the commissioners court shall
canvass the returns at a meeting held not more than five days after
the election. If the votes cast in the election show a majority in
favor of annexation, the territory shall be declared annexed to the
junior college district for junior college purposes only].
(i) 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.
(j) 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 (i) shall assign the new
territory to one or more of the current single-member districts.
(k) 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.
(l) 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. [(f) The county school board or
commissioners court shall cause a certified copy of the order to be
transmitted to the governing board of the junior college district.
[(g) At the next regular or special meeting of the governing
board of the junior college district, the board shall, in the event
of annexation by election, enter its order concurring in the order
of the county school board or the commissioners court and shall
enter an order redefining the boundary lines of the junior college
district as enlarged and extended, and shall cause the order to be
recorded on the minutes of the board of the junior college
district.]
Sec. 130.066. AUTOMATIC ANNEXATION OF CERTAIN TERRITORY.
If the junior college district annexes territory under this
subchapter comprising all of a municipality or school district, the
governing board by order may annex for junior college purposes any
territory later annexed by or added to the municipality or school
district [ADDING CONTIGUOUS TERRITORY TO A JUNIOR COLLEGE DISTRICT.
(a) Any territory may be included within the boundaries of a junior
college district, herein called "district," for junior college
purposes, in the manner hereinafter specified; provided, the
territory to be included is:
[(1) contiguous to the district in which such
territory is to be included; or
[(2) located in the service area of the district
established under Subchapter J.
[(b) Upon presentation of a petition, signed by 50, or a
majority, whichever number is smaller, of the qualified electors
residing in the territory proposed for inclusion in a district, to
the governing body of the district requesting that the boundaries
of the district be changed to include the territory described in
said petition, such governing body may, in its discretion, order an
election to be held within the boundaries of the entire district as
proposed to be changed on the question of whether the boundaries of
the district shall be changed to include the proposed territory.
The ballots for such election shall have printed thereon "For" and
"Against" boundary change. All qualified electors residing within
the boundaries of the entire district as proposed to be changed
shall be qualified to vote at such an election.
[(c) The governing body of the district calling an election
hereunder shall give notice of any such election by causing a
substantial copy of its order calling the election to be posted in
at least three public places within the boundaries of the district
as proposed to be changed and published at least one time in a
newspaper of general circulation within such boundaries. Provided,
however, if any railroad right-of-way or other property is located
within such territory, additional notice shall be given by
certified mail, to the railroad company, at the address shown on the
latest county tax roll. Such posting, such publication, and such
certified mail notice shall be done at least 30 days prior to the
date on which the election is to be held.
[(d) Except as otherwise provided herein, all elections
held hereunder shall be governed by the provisions relating to bond
elections held by independent school districts. The order calling
the election may provide that the entire district as proposed to be
changed shall constitute one election precinct or such order may
provide for more than one election precinct.
[(e) The returns of any such election shall be canvassed by
the governing body of the district and if a majority of persons
residing in the district and voting at the election and a majority
of the persons residing in the territory proposed to be annexed and
voting at the election vote for the boundary change, the governing
body of the district shall, in its order canvassing such returns,
declare the boundaries of the district changed to include the
territory described in the petition theretofore presented to them.
Such order may also include the name by which the district as
changed shall be known.
[(f) At the next regular election held in the junior college
district after territory is added to the district under this
section, the qualified electors shall elect a new board of
trustees. To continue in office, members of the present board of
trustees must be reelected at this election.
[(g) This section is cumulative of all other laws on the
subject, but this section is wholly sufficient authority within
itself for the inclusion of territory in the boundaries of a
district and the performance of the other acts and procedures
authorized hereby, without reference to any other laws or any
restrictions or limitations contained therein, except as herein
specifically provided in this section. However, the governing body
of any district may use the provisions of any other laws, not in
conflict with the provisions of this section, to the extent
convenient or necessary to carry out any power or authority,
express or implied, granted by this section].
Sec. 130.067. ANNEXATION OF COUNTY-LINE SCHOOL DISTRICT
[DISTRICTS] FOR JUNIOR COLLEGE PURPOSES. (a) In this section:
(1) "County-line school district" means any type of
public school district created or organized under general or
special law that includes within its boundaries territory that is
located in two or more counties of Texas.
(2) "County or joint-county junior college district"
means a junior college district that was originally created and
organized with the same boundaries as a county or as a group of
contiguous counties and that included all of the territory in the
county or group of counties and did not include a part of any county
without including the entire territory of the county.
(b) A part [Parts] of a county-line school district that is
contiguous to but not included within the boundaries of a county or
joint-county junior college district [districts] may be annexed to
the [adjacent county or joint-county] junior college district
[districts] for junior college purposes only either by election as
provided by Section 130.065 or by order entered pursuant to a
petition requesting annexation of the territory[,] as provided by
[in] this section.
(c) [(b)] The county or joint-county junior college
district as originally created and organized must have included in
its boundaries a part of the [a] county-line school district, and
the part of the county-line school district to be annexed may [is]
not be included in any other junior college district.
(d) On presentation of a petition, signed by a number of
registered voters residing in the part of a county-line school
district requesting annexation equal to at least a majority of the
registered voters residing in that territory as of the most recent
general election for state and county officers to the county judge
of the county in which the territory requested to be annexed is
located, together with a certified copy of an order by the governing
board of the junior college district approving the proposed
annexation to the junior college district for junior college
purposes only, the county judge shall certify the filing of the
petition and order to the commissioners court. The court at its
next meeting shall pass an order declaring the territory annexed to
the junior college district.
(e) Territory may be annexed by petition under this section
only if the territory is located wholly within a single county. For
territory located in more than one county, a separate petition
requesting the annexation of the territory is required for each
county. [(c) The county or joint-county junior college districts
to which this section is applicable are those where the junior
college district as originally created and organized had the same
boundaries as a county or as a group of contiguous counties and
included all of the territory in a county or group of counties and
did not include a part of any county without including the entire
territory of such county in such junior college district.
[(d) A "county-line school district" as used in this section
is any type of public school district created or organized under
general or special laws of Texas, which includes within its
boundaries territory that extends into or is located in two or more
counties of Texas.]
SECTION 6. Section 130.068, Education Code, is amended to
read as follows:
Sec. 130.068. EXTENDING BOUNDARIES OF JUNIOR COLLEGE
DISTRICT IN DISTRICT'S SERVICE AREA [ANNEXATION OF NON-INCLUDED
PARTS OF COUNTIES]. (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 the preceding five academic years in the
territory proposed to be added to the district have enrolled in the
junior college district.
(c) Except as otherwise provided by this section, Section
130.065 applies to an action taken under this section, including
the provisions of Section 130.065 requiring a petition to be
submitted before an election may be called.
(d) A junior college district may not adopt new boundaries
for the district under this section that extend within the service
area of another junior college district. [(a) The non-included
portion or portions of such county-line districts may be annexed to
the county or joint-county junior college district by either of two
methods as provided by Subsections (b) and (c) of this section.
[(b) On the petition of 20 or a majority of the legally
qualified voters residing in that part of a county-line district
not a part of a junior college district as described in Section
130.067 of this code praying for the annexation for junior college
purposes only, of that part of the county-line school district to
the junior college district in which the remainder of the
county-line district is a part, the county judge of that county
which has jurisdiction of the county-line school district shall
issue an order for an election to be held in the non-included
portion of the county-line school district praying to be annexed to
the county or joint-county junior college district. The county
judge shall give notice of the date of the election by posting
notices at three public places in the part of the county-line school
district wherein the election is to be held. Only those legally
qualified voters residing in that part of the county-line school
district shall be permitted to vote. The commissioners court shall
at its next meeting canvass the returns of the election, and if the
votes cast in the election show a majority in favor of annexation,
then the court shall declare that part of the county-line school
district annexed to the junior college district for junior college
purposes only. The court shall cause certified copies of the order
to be transmitted to the commissioners court of every county in
which the junior college district and the county-line school
district have territory, and each court shall make orders
concurring in the order and shall cause them to be entered on the
minutes of each commissioners court.
[(c) Where a petition, signed by a majority of the legally
qualified voters residing in that part of a county-line school
district praying for annexation for junior college purposes only,
of that part of the county-line school district to the junior
college district in which the remainder of the county-line district
is a part, is presented to the county judge of that county which has
jurisdiction of the county-line school district together with a
certified copy of an order by the governing board of the junior
college district approving the proposed annexation to the junior
college district for junior college purposes only; instead of
ordering an election to be held as provided in Subsection (b) of
this section, the county judge shall certify the filing of the
petition and order to the commissioners court. The court at its
next meeting shall pass an order declaring such non-included part
of the county-line school district annexed to the junior college
district for junior college purposes only and cause certified
copies of the order to be transmitted to the commissioners court of
every county in which the junior college district and the
county-line school district have territory. Each such court shall
make orders concurring in the order and cause same to be entered on
the minutes of each commissioners court.]
SECTION 7. Sections 130.071, 130.0711, 130.072, and
130.073, Education Code, are repealed.
SECTION 8. Subchapter D, Chapter 130, Education Code, as
amended by this Act, applies only to annexation by a junior college
district for which a petition requesting annexation is filed or an
annexation election is ordered on or after the effective date of
this Act. If a petition requesting annexation is filed or an
annexation election is ordered under Subchapter D, Chapter 130,
Education Code, before the effective date of this Act, the
annexation procedures related to that petition or election and the
effect of the petition or election are governed by the law in effect
immediately before the effective date of this Act, and the former
law is continued in effect for that purpose.
SECTION 9. 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 10. 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.
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