1 | 1 | | By: Birdwell S.B. No. 922 |
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2 | 2 | | (In the Senate - Filed February 28, 2013; March 12, 2013, |
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3 | 3 | | read first time and referred to Committee on Higher Education; |
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4 | 4 | | April 11, 2013, reported favorably by the following vote: |
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5 | 5 | | Yeas 6, Nays 0; April 11, 2013, sent to printer.) |
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6 | 6 | | |
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7 | 7 | | |
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8 | 8 | | A BILL TO BE ENTITLED |
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9 | 9 | | AN ACT |
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10 | 10 | | relating to partnerships between the Texas State Technical College |
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11 | 11 | | System and public junior colleges. |
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12 | 12 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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13 | 13 | | SECTION 1. Chapter 135, Education Code, is amended by |
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14 | 14 | | adding Subchapter D to read as follows: |
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15 | 15 | | SUBCHAPTER D. PARTNERSHIPS BETWEEN TEXAS STATE TECHNICAL COLLEGE |
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16 | 16 | | SYSTEM AND PUBLIC JUNIOR COLLEGES |
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17 | 17 | | Sec. 135.101. DEFINITION. In this subchapter, "public |
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18 | 18 | | junior college" has the meaning assigned by Section 61.003. |
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19 | 19 | | Sec. 135.102. PARTNERSHIP AGREEMENTS. (a) With the |
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20 | 20 | | approval of the coordinating board, the board and a public junior |
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21 | 21 | | college may enter into a partnership agreement designed to |
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22 | 22 | | coordinate the management and operations of the institutions and to |
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23 | 23 | | enhance the delivery of technical education programs across this |
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24 | 24 | | state. The agreement does not abrogate the powers and duties of the |
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25 | 25 | | boards with regard to the governance of their respective |
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26 | 26 | | institutions. |
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27 | 27 | | (b) A partnership agreement under this subchapter must: |
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28 | 28 | | (1) provide that the participating institutions, in |
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29 | 29 | | conjunction with the local community, identify and offer courses |
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30 | 30 | | that will meet the educational and workforce development goals for |
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31 | 31 | | the region; |
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32 | 32 | | (2) provide that program offerings receive approval |
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33 | 33 | | from the coordinating board; |
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34 | 34 | | (3) provide for the distribution of responsibilities |
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35 | 35 | | regarding specific program offerings and resulting awards; |
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36 | 36 | | (4) provide for the distribution of tuition, fees, and |
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37 | 37 | | state funds associated with formula funding regarding program |
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38 | 38 | | offerings; and |
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39 | 39 | | (5) comply with applicable rules of the coordinating |
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40 | 40 | | board relating to contractual agreements. |
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41 | 41 | | (c) A partnership agreement between the system and a public |
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42 | 42 | | junior college under this subchapter is considered to be in |
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43 | 43 | | compliance with Sections 135.04(b) and (c). |
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44 | 44 | | Sec. 135.103. JOINT USE OF PERSONNEL. The governing boards |
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45 | 45 | | of the participating institutions may fill by joint appointment any |
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46 | 46 | | administrative, faculty, or support position necessary for the |
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47 | 47 | | operation of the institutions. |
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48 | 48 | | Sec. 135.104. SUPPORT SERVICES. The governing boards of |
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49 | 49 | | the participating institutions may assign the management and |
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50 | 50 | | operation of selected services, including maintenance of buildings |
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51 | 51 | | and grounds, operation of auxiliary enterprises, and operation of a |
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52 | 52 | | jointly supported library, to one of the institutions in order to |
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53 | 53 | | achieve cost-effectiveness. |
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54 | 54 | | Sec. 135.105. FACILITIES. (a) The participating |
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55 | 55 | | institutions may, under the terms of the partnership agreement, |
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56 | 56 | | make provisions for adequate physical facilities for use by the |
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57 | 57 | | institutions. |
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58 | 58 | | (b) The participating institutions may individually or |
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59 | 59 | | collectively lease, purchase, finance, construct, or rehabilitate |
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60 | 60 | | physical facilities under this section appropriate to partnership |
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61 | 61 | | needs. The owning or financing of facilities under this section |
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62 | 62 | | promotes the public purpose of supporting higher education and |
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63 | 63 | | further promotes the public purpose of developing and diversifying |
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64 | 64 | | the economy of this state and eliminating unemployment and |
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65 | 65 | | underemployment in this state under the authority granted by |
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66 | 66 | | Section 52-a, Article III, Texas Constitution. |
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67 | 67 | | (c) A participating institution of higher education may |
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68 | 68 | | lease facilities from or to another participating institution for |
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69 | 69 | | administrative and instructional purposes. |
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70 | 70 | | (d) Participating institutions may solicit, accept, and |
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71 | 71 | | administer, on terms and conditions acceptable to the participating |
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72 | 72 | | institutions, gifts, grants, or donations of any kind and from any |
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73 | 73 | | source for facilities and equipment. |
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74 | 74 | | (e) A facility used for the purposes of a partnership |
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75 | 75 | | agreement under this subchapter is not considered a facility used |
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76 | 76 | | to operate an extension program under Section 135.06. |
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77 | 77 | | Sec. 135.106. STATE FUNDING. The system is entitled to |
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78 | 78 | | receive state appropriations on the same formula basis as if the |
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79 | 79 | | system did not enter into a partnership agreement under this |
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80 | 80 | | subchapter, and any other participating institution of higher |
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81 | 81 | | education is entitled to state appropriations on the same formula |
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82 | 82 | | basis as other similar institutions of higher education. |
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83 | 83 | | SECTION 2. This Act takes effect immediately if it receives |
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84 | 84 | | a vote of two-thirds of all the members elected to each house, as |
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85 | 85 | | provided by Section 39, Article III, Texas Constitution. If this |
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86 | 86 | | Act does not receive the vote necessary for immediate effect, this |
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87 | 87 | | Act takes effect September 1, 2013. |
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88 | 88 | | * * * * * |
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