By: Branch, et al. (Senate Sponsor - Birdwell) H.B. No. 2760
         (In the Senate - Received from the House April 29, 2013;
  May 3, 2013, read first time and referred to Committee on Higher
  Education; May 15, 2013, reported favorably by the following vote:  
  Yeas 6, Nays 0; May 15, 2013, sent to printer.)
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to partnerships between the Texas State Technical College
  System and public junior colleges.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Chapter 135, Education Code, is amended by
  adding Subchapter D to read as follows:
  SUBCHAPTER D. PARTNERSHIPS BETWEEN TEXAS STATE TECHNICAL COLLEGE
  SYSTEM AND PUBLIC JUNIOR COLLEGES
         Sec. 135.101.  DEFINITION. In this subchapter, "public
  junior college" has the meaning assigned by Section 61.003.
         Sec. 135.102.  PARTNERSHIP AGREEMENTS. (a) With the
  approval of the coordinating board, the board and a public junior
  college may enter into a partnership agreement designed to
  coordinate the management and operations of the institutions and to
  enhance the delivery of technical education programs across this
  state. The agreement does not abrogate the powers and duties of the
  boards with regard to the governance of their respective
  institutions.
         (b)  A partnership agreement under this subchapter must:
               (1)  provide that the participating institutions, in
  conjunction with the local community, identify and offer courses
  that will meet the educational and workforce development goals for
  the region;
               (2)  provide that program offerings receive approval
  from the coordinating board;
               (3)  provide for the distribution of responsibilities
  regarding specific program offerings and resulting awards;
               (4)  provide for the distribution of tuition, fees, and
  state funds associated with formula funding regarding program
  offerings; and
               (5)  comply with applicable rules of the coordinating
  board relating to contractual agreements.
         (c)  A partnership agreement between the system and a public
  junior college under this subchapter is considered to be in
  compliance with Sections 135.04(b) and (c).
         Sec. 135.103.  JOINT USE OF PERSONNEL. The governing boards
  of the participating institutions may fill by joint appointment any
  administrative, faculty, or support position necessary for the
  operation of the institutions.
         Sec. 135.104.  SUPPORT SERVICES. The governing boards of
  the participating institutions may assign the management and
  operation of selected services, including maintenance of buildings
  and grounds, operation of auxiliary enterprises, and operation of a
  jointly supported library, to one of the institutions in order to
  achieve cost-effectiveness.
         Sec. 135.105.  FACILITIES. (a) The participating
  institutions may, under the terms of the partnership agreement,
  make provisions for adequate physical facilities for use by the
  institutions.
         (b)  The participating institutions may individually or
  collectively lease, purchase, finance, construct, or rehabilitate
  physical facilities under this section appropriate to partnership
  needs. The owning or financing of facilities under this section
  promotes the public purpose of supporting higher education and
  further promotes the public purpose of developing and diversifying
  the economy of this state and eliminating unemployment and
  underemployment in this state under the authority granted by
  Section 52-a, Article III, Texas Constitution.
         (c)  A participating institution of higher education may
  lease facilities from or to another participating institution for
  administrative and instructional purposes.
         (d)  Participating institutions may solicit, accept, and
  administer, on terms and conditions acceptable to the participating
  institutions, gifts, grants, or donations of any kind and from any
  source for facilities and equipment.
         (e)  A facility used for the purposes of a partnership
  agreement under this subchapter is not considered a facility used
  to operate an extension program under Section 135.06.
         Sec. 135.106.  STATE FUNDING. The system is entitled to
  receive state appropriations on the same formula basis as if the
  system did not enter into a partnership agreement under this
  subchapter, and any other participating institution of higher
  education is entitled to state appropriations on the same formula
  basis as other similar institutions of higher education.
         SECTION 2.  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, 2013.
 
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