Texas 2017 - 85th Regular

Texas House Bill HB2194 Compare Versions

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1-By: King of Parker, Springer, Lang H.B. No. 2194
2- (Senate Sponsor - Estes)
3- (In the Senate - Received from the House April 24, 2017;
4- May 1, 2017, read first time and referred to Committee on Natural
5- Resources & Economic Development; May 4, 2017, reported favorably
6- by the following vote: Yeas 9, Nays 1; May 4, 2017, sent to
7- printer.)
8-Click here to see the committee vote
1+H.B. No. 2194
92
103
11- A BILL TO BE ENTITLED
124 AN ACT
135 relating to the board of trustees of the Weatherford Junior College
146 District.
157 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
168 SECTION 1. Subchapter E, Chapter 130, Education Code, is
179 amended by adding Section 130.0828 to read as follows:
1810 Sec. 130.0828. ADDITIONAL TRUSTEES FOR WEATHERFORD JUNIOR
1911 COLLEGE DISTRICT. (a) Notwithstanding any other law, in addition
2012 to the members of the board of trustees of the Weatherford Junior
2113 College District elected or appointed under other provisions of
2214 this subchapter, the commissioners court of each county in which a
2315 branch campus of the district is located and that imposed a branch
2416 campus maintenance tax under Section 130.253 on September 1, 2017,
2517 shall appoint one member to serve on the district's board of
2618 trustees.
2719 (b) Members of the board of trustees appointed under this
2820 section serve two-year terms and may be appointed to serve
2921 successive terms. The commissioners court shall appoint initial
3022 members to serve a term beginning December 1, 2017.
3123 (c) Except as provided by Subsection (d), a member of the
3224 board of trustees appointed under this section may participate in
3325 the decision-making of the board to the same extent as any other
3426 member of the board, including by voting on any budget that affects
3527 the entire district.
3628 (d) A member of the board of trustees appointed under this
3729 section:
3830 (1) may not participate in the decision-making of the
3931 board in matters related to:
4032 (A) the imposition of a tax; or
4133 (B) an issue that only affects a campus located
4234 in the junior college district;
4335 (2) is not counted for purposes of determining whether
4436 a quorum of the board is present for the purpose of Subdivision (1);
4537 and
4638 (3) may not serve as an officer of the board of
4739 trustees.
4840 (e) Unless this section is continued in effect by the
4941 legislature, this section expires on December 1, 2027.
5042 SECTION 2. The commissioners court of each county to which
5143 Section 130.0828, Education Code, as added by this Act, applies
5244 shall appoint the initial members of the board of trustees of the
5345 Weatherford Junior College District under that section not later
5446 than November 30, 2017.
5547 SECTION 3. SEVERABILITY. (a) It is the intent of the
5648 legislature that every provision, section, subsection, sentence,
5749 clause, phrase, and word in this Act, and every application of the
5850 provisions in this Act to each local law, are severable from each
5951 other. All constitutionally valid and lawful applications of this
6052 Act shall be severed from an application that a court finds to be
6153 invalid, leaving the valid applications in force because it is the
6254 legislature's intent and priority that the valid applications be
6355 allowed to stand alone.
6456 (b) A court may not decline to enforce the severability
6557 requirements in this Act on the ground that the enforcement of the
6658 severability requirements would be contrary to legislative intent.
6759 The legislature hereby declares that it intends for the
6860 severability requirements of this Act to be enforced as written,
6961 without any exceptions.
7062 (c) A court may not decline to enforce the severability
7163 requirements of this Act on the ground that the Act's provisions or
7264 applications are essentially and inseparably connected. The
7365 legislature hereby declares that it intends for the severability
7466 requirements of this Act to be enforced without regard to whether
7567 this Act's provisions or applications are essentially and
7668 inseparably connected.
7769 (d) If a final court order or judgment finds that the
7870 composition of the board of trustees of the Weatherford Junior
7971 College District as composed under this Act is invalid, the
8072 court-ordered remedy shall require the appointment of members of
8173 the board of trustees by the commissioners court of each county in
8274 which a branch campus of the district is located in the manner
8375 described by Section 130.0828, Education Code, as added by this
8476 Act, so that the composition of the board of trustees complies with
8577 applicable law.
8678 (e) Section 311.032(a), Government Code, applies to this
8779 Act.
8880 SECTION 4. This Act takes effect September 1, 2017.
89- * * * * *
81+ ______________________________ ______________________________
82+ President of the Senate Speaker of the House
83+ I certify that H.B. No. 2194 was passed by the House on April
84+ 20, 2017, by the following vote: Yeas 144, Nays 0, 2 present, not
85+ voting.
86+ ______________________________
87+ Chief Clerk of the House
88+ I certify that H.B. No. 2194 was passed by the Senate on May
89+ 10, 2017, by the following vote: Yeas 25, Nays 5.
90+ ______________________________
91+ Secretary of the Senate
92+ APPROVED: _____________________
93+ Date
94+ _____________________
95+ Governor