Texas 2009 - 81st Regular

Texas Senate Bill SB1968 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	81R2642 KSD-F
2	2	By: West S.B. No. 1968
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the creation and operation of higher education
8	8	enhancement districts.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Title 3, Education Code, is amended by adding
11	11	Subtitle I to read as follows:
12	12	SUBTITLE I. HIGHER EDUCATION DISTRICTS
13	13	CHAPTER 159. HIGHER EDUCATION ENHANCEMENT DISTRICTS
14	14	Sec. 159.001. DEFINITIONS. In this chapter:
15	15	(1) "District" means a higher education enhancement
16	16	district created under this chapter.
17	17	(2) "Institution of higher education" has the meaning
18	18	assigned by Section 61.003.
19	19	(3) "Participating entity" means a municipality,
20	20	school district, or public or private institution of higher
21	21	education that has entered into a memorandum of understanding to
22	22	create a district under this chapter.
23	23	(4) "Private or independent institution of higher
24	24	education" has the meaning assigned by Section 61.003.
25	25	(5) "Public or private institution of higher
26	26	education" includes only:
27	27	(A) an institution of higher education; or
28	28	(B) a private or independent institution of
29	29	higher education.
30	30	(6) "School district" means an independent, common, or
31	31	municipal school district, an open-enrollment charter school, or a
32	32	county education department.
33	33	Sec. 159.002. PURPOSE. The purpose of this chapter is to
34	34	enable one or more public or private institutions of higher
35	35	education and municipalities and school districts comprising the
36	36	community served by the institutions, through the creation of a
37	37	higher education enhancement district, to provide local funding to:
38	38	(1) increase the educational opportunities available
39	39	to students and residents in the area served by the district;
40	40	(2) improve the education level and productivity of
41	41	the workforce in the area served by the district;
42	42	(3) increase student enrollment in and access to the
43	43	institutions;
44	44	(4) promote economic development in the area served by
45	45	the district; and
46	46	(5) increase the tax base of participating entities.
47	47	Sec. 159.003. DISTRICT AUTHORIZATION. A higher education
48	48	enhancement district may be created, operated, and financed as
49	49	provided by this chapter.
50	50	Sec. 159.004. PUBLIC HEARING. Before entering into a
51	51	memorandum of understanding for the creation of a district under
52	52	Section 159.005, the governing bodies of the municipalities, school
53	53	districts, and public or private institutions of higher education
54	54	seeking to establish a district shall, after notice published in
55	55	one or more newspapers having general circulation in the territory
56	56	in which the district may be established, hold at least one public
57	57	hearing at which any interested person may appear and offer
58	58	testimony regarding the establishment of a district.
59	59	Sec. 159.005. MEMORANDUM OF UNDERSTANDING FOR CREATION AND
60	60	OPERATION OF DISTRICT. (a) After holding at least one public
61	61	hearing under Section 159.004, the governing bodies of one or more
62	62	municipalities, school districts, and public or private
63	63	institutions of higher education providing educational services to
64	64	the residents of the municipalities or school districts may enter
65	65	into a memorandum of understanding for the creation and operation
66	66	of a district. A district may not be created unless at least one
67	67	municipality or school district and at least one public or private
68	68	institution of higher education enters into the memorandum of
69	69	understanding.
70	70	(b) A memorandum of understanding entered into under this
71	71	section must:
72	72	(1) specify:
73	73	(A) the geographic boundaries of the district;
74	74	(B) the governance of the district; and
75	75	(C) each participating entity's financial,
76	76	personnel, and in-kind support for the district's activities;
77	77	(2) set a term for each participating entity's
78	78	participation, not to exceed five years;
79	79	(3) provide that the memorandum of understanding may
80	80	be amended only by unanimous agreement of the participating
81	81	entities;
82	82	(4) include adequate controls to ensure that the
83	83	district's activities promote the interests of the participating
84	84	entities and provide a public benefit to the area served by the
85	85	district; and
86	86	(5) include provisions for the disposition of district
87	87	assets and the winding down of district business on termination of
88	88	the district.
89	89	(c) At any time, a participating entity may extend the
90	90	entity's participation in the district by an additional term not to
91	91	exceed five years.
92	92	Sec. 159.006. DISTRICT TERRITORY. The geographic
93	93	boundaries of a district:
94	94	(1) must include all the territory of each
95	95	participating municipality or school district; and
96	96	(2) may include any additional territory as agreed by
97	97	the participating entities.
98	98	Sec. 159.007. USE OF PARTICIPATING ENTITY'S RESOURCES FOR
99	99	DISTRICT ACTIVITIES; TUITION AND FEE WAIVERS. (a) The governing
100	100	body of a participating entity, on determining that the entity's
101	101	participation in the district serves a public purpose and benefits
102	102	the entity's public interests, may:
103	103	(1) expend funds of the entity to:
104	104	(A) pay for operating costs of the district; and
105	105	(B) support scholarships, loans, or tuition or
106	106	fee discounts or waivers for students attending participating
107	107	institutions awarded by or in coordination with the district; and
108	108	(2) assign employees of the entity to perform services
109	109	on behalf of the district related to the district's public purpose.
110	110	(b) A participating entity may restrict the use by the
111	111	district of any or all of the entity's resources to students who
112	112	reside within the entity's territory.
113	113	(c) A participating institution of higher education may
114	114	waive all or part of the tuition and fees charged to a student to the
115	115	extent the costs of the waiver are paid by the district.
116	116	Sec. 159.008. COORDINATION WITH OTHER ENTITIES. A district
117	117	may coordinate its activities with other public or private
118	118	organizations or other entities and may include representatives of
119	119	private organizations or entities on the governing body of the
120	120	district.
121	121	Sec. 159.009. OPEN MEETINGS; OPEN RECORDS. A district
122	122	created under this chapter:
123	123	(1) is subject to Chapters 551 and 552, Government
124	124	Code; and
125	125	(2) may conduct regular or special meetings by
126	126	telephone conference call or videoconference under the posting,
127	127	accessibility, and technical standards prescribed by Sections
128	128	551.126 and 551.127, Government Code.
129	129	Sec. 159.010. PARTICIPATING ENTITY AS FISCAL AGENT.
130	130	Participating entities may agree for one of the entities to act as
131	131	fiscal agent for the district. If a participating entity is acting
132	132	as fiscal agent for the district, the purchasing requirements
133	133	applicable to that entity shall be used for all purposes for the
134	134	district regardless of the source of the funds used.
135	135	Sec. 159.011. ACCEPTANCE OF FUNDS. A district may solicit
136	136	and accept gifts or grants from any public or private source for the
137	137	purposes of this chapter.
138	138	Sec. 159.012. TERMINATION OF DISTRICT. A district created
139	139	under this chapter terminates:
140	140	(1) as provided by the memorandum of understanding
141	141	that created the district;
142	142	(2) on the agreement of each participating entity; or
143	143	(3) when there is not at least one municipality or
144	144	school district and at least one public or private institution of
145	145	higher education participating in the district.
146	146	SECTION 2. This Act takes effect immediately if it receives
147	147	a vote of two-thirds of all the members elected to each house, as
148	148	provided by Section 39, Article III, Texas Constitution. If this
149	149	Act does not receive the vote necessary for immediate effect, this
150	150	Act takes effect September 1, 2009.