H.B. No. 382
AN ACT
relat
ing to public junior college district branch campuses,
including a requirement that the South Texas Community College
District adopt and implement a plan to expand opportunity for
instructional programs in a certain location.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 130, Education Code, is amended by
adding Subchapter K to read as follows:
SUBCHAPTER K. BRANCH CAMPUSES
Sec. 130.254. SOUTH TEXAS COMMUNITY COLLEGE DISTRICT;
INSTRUCTIONAL PROGRAMS IN EDCOUCH OR ELSA. The board of trustees of
the South Texas Community College District shall adopt and
implement a plan to expand opportunity for instructional programs
consisting of postsecondary courses leading to an associate degree
offered in a classroom setting within the corporate limits of the
municipality of Edcouch or Elsa. Any instructional program provided
under this section is subject to the requirements of Section
130.251.
SECTION 2. Sections 130.086, 130.0865, and 130.087,
Education Code, are transferred to Subchapter K, Chapter 130,
Education Code, as added by this Act, redesignated as Sections
130.251, 130.252, and 130.253, Education Code, and amended to read
as follows:
Sec. 130.251 [Sec. 130.086]. BRANCH CAMPUSES. (a) The
board of trustees of a junior college district may establish and
operate branch campuses, centers, or extension facilities within
the junior college district's service area, provided that each
branch campus, center, or extension facility and each course or
program offered in such locations is subject to the prior and
continuing approval of the Texas Higher Education Coordinating
Board.
(b) Such branch campuses, centers, or extension facilities
shall be within the role and scope of the junior college as
determined by the Texas Higher Education Coordinating Board
[Coordinating Board, Texas College and University System].
(c) The board of trustees of a junior college district may
accept or acquire by purchase or rent land and facilities in the
name of the junior college district within the junior college
district's service area.
(d) Before any course may be offered by a public junior
college within the service area of another operating public junior
college, it must be established that the second public junior
college is not capable of or is unable to offer the course. After
the need is established and the course is not locally available,
then the first public junior college may offer the course when
approval is granted by the Texas Higher Education Coordinating
Board.
(e) The board of trustees of a junior college district may
enter cooperative agreement with independent, common, or county
school districts, state or federal agencies as may be required to
perform the services as outlined in this section.
(f) Notwithstanding Subchapter J, the service area of a
junior college district does not include territory within the
boundaries of the taxing district of another junior college
district. If a branch campus, center, or extension facility
operated by a junior college district outside its taxing district
becomes located within the taxing district of another junior
college district when the other district is established or annexes
the territory that includes the campus, center, or facility, the
junior college district operating the campus, center, or facility
must discontinue the campus, center, or facility within a
reasonable period, not to exceed one academic year. The junior
college district in which the campus, center, or facility is
located must fairly compensate the junior college district that
discontinues the campus, center, or facility for any capital
improvements that the discontinuing district acquired or
constructed for the campus, center, or facility, to the extent the
discontinuing district is otherwise unable to recover the current
value of its investment in that capital improvement, as determined
by the Texas Higher Education Coordinating Board.
(g) Subsections (a) and (c) do not apply to a branch campus,
center, or extension facility that is established before September
1, 1999.
(h) This section does not affect the authority of the Texas
Higher Education Coordinating Board regarding the continued
operation of a branch campus, center, or extension facility.
Sec. 130.252 [Sec. 130.0865]. SECURITY FOR REVENUE BONDS
ISSUED FOR BRANCH CAMPUS, CENTER, OR EXTENSION FACILITY. Bonds
payable from revenue and issued by the governing body of a county or
school district to finance the purchase of land or the construction
of a facility to be used for a branch campus, center, or extension
facility authorized under Section 130.251 [130.086] may be secured
by a trust indenture, a deed of trust, or a mortgage granting a
security interest in the applicable land or facility.
Sec. 130.253 [Sec. 130.087]. BRANCH CAMPUS MAINTENANCE
TAX. (a) The governing body of a school district or a county may
levy a junior college district branch campus maintenance tax as
provided by this section at a rate not to exceed five cents on each
$100 valuation of all taxable property in its jurisdiction.
(b) On presentation of a petition for an election to
authorize a junior college district branch campus maintenance tax
signed by not fewer than five percent of the qualified voters of the
jurisdiction in which the proposed tax is to be levied, the
governing body of the school district or county, as applicable,
shall determine the legality and the genuineness of the petition
and, if it is determined to be legal and genuine, forward the
petition to the Texas Higher Education Coordinating Board. The
governing body of a county with a population of 150,000 or less, on
completion of a needs assessment analysis showing adequate need and
on approval by the coordinating board, on its own motion and without
the presentation of a petition, may propose an election to
authorize a branch campus maintenance tax.
(c) The Texas Higher Education Coordinating Board
[coordinating board] shall determine whether the requirements
provided by Subsections (a) and (b) [of this section] have been
satisfied and whether the proposed tax is feasible and desirable
under the coordinating board's rules for junior colleges. In
making its decision on the feasibility and desirability of the tax,
the coordinating board shall consider the needs of the junior
college, the needs of the community or communities served by the
branch campus, and the welfare of the state as a whole. The
commissioner of higher education shall deliver to the governing
body of the school district or county, as applicable, the order of
the coordinating board authorizing or denying further action in the
levying of a junior college district branch campus maintenance tax.
(d) If the coordinating board approves the establishment of
the junior college district branch campus maintenance tax, the
governing body of the school district or county, as applicable,
shall enter an order for an election to be held in the territory
under its jurisdiction not less than 20 days nor more than 60 days
after the date on which the order is entered to determine whether
the junior college district branch campus maintenance tax may be
levied. In the case of joint school district or joint county
elections, by mutual agreement of the governing bodies, the
elections shall be held on the same date throughout the
jurisdictions.
(e) The president of the board of trustees of the school
district or the county judge, as applicable, shall give notice of
the election in the manner provided by law for notice by the county
judge of general elections.
(f) The governing body of the school district or county, as
applicable, shall procure the election supplies necessary to
conduct the election and shall determine the quantity of the
various types of supplies to be provided for use at each precinct
polling place and early voting polling place.
(g) Any qualified voter residing within the boundaries of
the jurisdiction in which the tax may be levied is entitled to vote
at the election.
(h) The ballot shall be printed to provide for voting for or
against the proposition: "The levy of a junior college district
branch campus maintenance tax in an amount not to exceed (insert a
number not higher than five) cents on each $100 valuation of all
taxable property in __________." (insert name of school district or
name of county, as applicable).
(i) To be adopted, the measure must receive a favorable vote
of a majority of those voting on the measure.
(j) Not later than the 10th day after the date of the
election, the governing body shall canvass the returns of the
election and shall enter an order declaring the result of the
election.
(k) The proceeds of the junior college district branch
campus maintenance tax may be used only as follows:
(1) to operate and maintain a junior college district
branch campus and support its programs and services in the area of
the political subdivision that levied the tax; and
(2) under an agreement by the applicable junior
college district and the political subdivision levying the tax, to
make lease payments to the political subdivision for facilities
used exclusively by the branch campus that are owned by the
political subdivision.
(l) The governing body of the school district or county
approving the junior college district branch campus maintenance tax
shall set the tax levy.
(m) The junior college district shall maintain and furnish
any records and reports required by the Texas Higher Education
Coordinating Board [Coordinating Board, Texas College and
University System]. The reports shall be made available routinely
to the governing body of the jurisdiction in which the tax is
levied, and to members of the general public on request.
(n) This section does not affect the authority of any
jurisdiction levying a junior college district branch campus
maintenance tax to create a junior college district in the
jurisdiction.
SECTION 3. Section 45.105(f), Education Code, is amended to
read as follows:
(f) Funds from a junior college district branch campus
maintenance tax levied by a school district board of trustees under
Section 130.253 [130.087] may be used as provided by that section.
SECTION 4. Section 51.406(b), Education Code, is amended to
read as follows:
(b) To the extent that any of the following laws require
reporting by a university system or an institution of higher
education, a university system or institution of higher education
is not required to make the report on or after September 1, 2013,
unless legislation enacted by the 83rd Legislature that becomes law
expressly requires the institution or system to make the report:
(1) Section 7.109;
(2) Section 33.083;
(3) Section 59.07;
(4) Section 130.251 [130.086];
(5) Section 325.007, Government Code;
(6) Section 669.003, Government Code;
(7) Section 2005.007, Government Code;
(8) Section 2054.097, Government Code;
(9) Chapter 2114, Government Code; and
(10) Section 2205.041, Government Code.
SECTION 5. Section 130.254, Education Code, as added by
this Act, applies beginning with the 2019-2020 academic year.
SECTION 6. This Act takes effect September 1, 2015.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 382 was passed by the House on May 8,
2015, by the following vote: Yeas 140, Nays 2, 2 present, not
voting; that the House refused to concur in Senate amendments to
H.B. No. 382 on May 27, 2015, and requested the appointment of a
conference committee to consider the differences between the two
houses; and that the House adopted the conference committee report
on H.B. No. 382 on May 31, 2015, by the following vote: Yeas 144,
Nays 0, 2 present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 382 was passed by the Senate, with
amendments, on May 22, 2015, by the following vote: Yeas 23, Nays
8; at the request of the House, the Senate appointed a conference
committee to consider the differences between the two houses; and
that the Senate adopted the conference committee report on H.B. No.
382 on May 31, 2015, by the following vote: Yeas 23, Nays 8.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor