By: Birdwell S.B. No. 922
(In the Senate - Filed February 28, 2013; March 12, 2013,
read first time and referred to Committee on Higher Education;
April 11, 2013, reported favorably by the following vote:
Yeas 6, Nays 0; April 11, 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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