Texas 2023 - 88th Regular

Texas Senate Bill SB2539 Compare Versions

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1	1	88R6103 KJE-F
2	2	By: Creighton, et al. S.B. No. 2539
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the administration, coordination, and support of public
8	8	higher education, including the public junior college state finance
9	9	program and an Advanced Career and Education (ACE) scholarship
10	10	program for students enrolled in dual credit courses.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Section 28.009(b-2), Education Code, is amended
13	13	to read as follows:
14	14	(b-2) Any agreement, including a memorandum of
15	15	understanding or articulation agreement, between a school district
16	16	and public institution of higher education to provide a dual credit
17	17	program described by Subsection (b-1) must:
18	18	(1) include specific program goals aligned with the
19	19	statewide goals developed under Subsection (b-1);
20	20	(2) establish common advising strategies and
21	21	terminology related to dual credit and college readiness;
22	22	(3) provide for the alignment of endorsements
23	23	described by Section 28.025(c-1) offered by the district, and dual
24	24	credit courses offered under the agreement that apply towards those
25	25	endorsements, with postsecondary pathways and credentials at the
26	26	institution and industry certifications;
27	27	(4) identify tools, including tools developed by the
28	28	agency, the Texas Higher Education Coordinating Board, or the Texas
29	29	Workforce Commission, to assist school counselors, students, and
30	30	families in selecting endorsements offered by the district and dual
31	31	credit courses offered under the agreement;
32	32	(5) establish, or provide a procedure for
33	33	establishing, the course credits that may be earned under the
34	34	agreement, including by developing a course equivalency crosswalk
35	35	or other method for equating high school courses with college
36	36	courses and identifying the number of credits that may be earned for
37	37	each course completed through the program;
38	38	(6) describe the academic supports and, if applicable,
39	39	guidance that will be provided to students participating in the
40	40	program;
41	41	(7) establish the district's and the institution's
42	42	respective roles and responsibilities in providing the program and
43	43	ensuring the quality and instructional rigor of the program;
44	44	(8) state the sources of funding for courses offered
45	45	under the program, including, at a minimum, the sources of funding
46	46	for tuition, transportation, and any required fees or textbooks for
47	47	students participating in the program;
48	48	(9) require the district and the institution to
49	49	consider the use of free or low-cost open educational resources in
50	50	courses offered under the program;
51	51	(10) ensure the accurate and timely exchange of
52	52	information necessary for an eligible student to receive a
53	53	scholarship under Section 28.0095;
54	54	(11) be posted each year on the district's and the
55	55	institution's respective Internet websites; and
56	56	(12) [(11)] designate at least one employee of the
57	57	district or institution as responsible for providing academic
58	58	advising to a student who enrolls in a dual credit course under the
59	59	program before the student begins the course.
60	60	SECTION 2. Subchapter A, Chapter 28, Education Code, is
61	61	amended by adding Section 28.0095 to read as follows:
62	62	Sec. 28.0095. ADVANCED CAREER AND EDUCATION (ACE)
63	63	SCHOLARSHIP PROGRAM. (a) In this section:
64	64	(1) "Coordinating board" means the Texas Higher
65	65	Education Coordinating Board.
66	66	(2) "Dual credit course" includes a course offered for
67	67	joint high school and junior college credit under Section 130.008.
68	68	(3) "Institution of higher education" has the meaning
69	69	assigned by Section 61.003.
70	70	(b) The agency and the coordinating board shall jointly
71	71	establish the Advanced Career and Education (ACE) scholarship
72	72	program to award scholarships to eligible students enrolled in dual
73	73	credit courses at participating institutions of higher education.
74	74	(c) A student is eligible to receive a scholarship under the
75	75	program if the student:
76	76	(1) is enrolled:
77	77	(A) in high school in a school district; and
78	78	(B) in a dual credit course at a participating
79	79	institution of higher education; and
80	80	(2) was educationally disadvantaged at any time during
81	81	the four school years preceding the student's enrollment in the
82	82	dual credit course described by Subdivision (1)(B).
83	83	(d) An institution of higher education is eligible to
84	84	participate in the program only if the institution charges for each
85	85	dual credit course offered by the institution an amount of tuition
86	86	that does not exceed the amount prescribed by coordinating board
87	87	rule for purposes of this section.
88	88	(e) The amount of a scholarship under the program is equal
89	89	to the amount of tuition set by coordinating board rule as described
90	90	by Subsection (d) for each dual credit course in which an eligible
91	91	student is enrolled.
92	92	(f) Each school district shall:
93	93	(1) on a high school student's enrollment in a dual
94	94	credit course, determine whether the student meets the criteria for
95	95	a scholarship under the program under Subsection (c)(2); and
96	96	(2) notify the institution of higher education that
97	97	offers the dual credit course in which the student is enrolled of
98	98	the district's determination under Subdivision (1).
99	99	(g) A school district may make the determination under
100	100	Subsection (f)(1) based on the district's records, the agency's
101	101	records, or any other method authorized by commissioner rule. If
102	102	the district bases the determination on a method other than the
103	103	agency's records, the district shall report the method used and the
104	104	data on which the method is based to the agency for purposes of
105	105	verification.
106	106	(h) On receipt of notice under Subsection (f)(2), a
107	107	participating institution of higher education shall certify to the
108	108	agency and the coordinating board the student's eligibility for a
109	109	scholarship under the program.
110	110	(i) From money appropriated for the Foundation School
111	111	Program, the agency shall transfer an amount equal to the total
112	112	amount of scholarships for which students are eligible under this
113	113	section to the coordinating board for distribution to the
114	114	participating institutions of higher education in proportion to the
115	115	number of eligible students enrolled in a dual credit course at the
116	116	institution.
117	117	(j) The commissioner and the commissioner of higher
118	118	education shall coordinate as necessary to:
119	119	(1) confirm an eligible student's enrollment in a
120	120	participating institution of higher education; and
121	121	(2) obtain or share data necessary to verify a
122	122	student's eligibility under Subsection (c)(2).
123	123	(k) The commissioner and the coordinating board shall adopt
124	124	rules as necessary to implement this section.
125	125	SECTION 3. Section 28.010(a), Education Code, is amended to
126	126	read as follows:
127	127	(a) Each school year, a school district shall notify the
128	128	parent of each district student enrolled in grade nine or above of:
129	129	(1) the availability of:
130	130	(A) programs in the district under which a
131	131	student may earn college credit, including advanced placement
132	132	programs, dual credit programs, joint high school and college
133	133	credit programs, and international baccalaureate programs;
134	134	(B) career and technology education programs or
135	135	other work-based education programs in the district, including any
136	136	internship, externship, or apprenticeship programs or a P-TECH
137	137	program under Subchapter N, Chapter 29; [and]
138	138	(C) subsidies based on financial need available
139	139	for fees paid to take college advanced placement tests or
140	140	international baccalaureate examinations under Section 28.054; and
141	141	(D) scholarships for dual credit courses under
142	142	Section 28.0095; and
143	143	(2) the qualifications for:
144	144	(A) enrolling in programs described by
145	145	Subdivision (1)(A) or (B); or
146	146	(B) receiving a scholarship described by
147	147	Subdivision (1)(D).
148	148	SECTION 4. Section 61.003(2), Education Code, is amended to
149	149	read as follows:
150	150	(2) "Public junior college" means any junior college
151	151	listed as a public junior college [certified by the board] in
152	152	accordance with Section 61.063 [of this chapter].
153	153	SECTION 5. Section 61.0571, Education Code, is amended by
154	154	adding Subsections (c), (d), (e), and (f) to read as follows:
155	155	(c) The board may provide administrative support and
156	156	services to institutions of higher education as necessary to
157	157	implement this chapter, Chapter 130, or Chapter 130A.
158	158	(d) The board may establish an institutional collaboration
159	159	center within the board to support the implementation of Chapter
160	160	130A and the efficient and effective operations of institutions of
161	161	higher education.
162	162	(e) From money appropriated or otherwise available for the
163	163	purpose, the board may procure goods and services for the direct
164	164	benefit of an institution of higher education and enter into an
165	165	interagency contract under Chapter 771, Government Code, with the
166	166	institution to reimburse the board for the cost of the goods and
167	167	services.
168	168	(f) The board may accept gifts, grants, or donations from
169	169	any public or private source to pay for goods or services procured
170	170	for the direct benefit of an institution of higher education under
171	171	Subsection (e).
172	172	SECTION 6. Section 61.059, Education Code, is amended by
173	173	adding Subsection (b-3) to read as follows:
174	174	(b-3) In carrying out its duties under this section in
175	175	regard to formulas used for appropriations recommendations for
176	176	public junior colleges, the board shall ensure that the formulas
177	177	are devised in accordance with Chapter 130A.
178	178	SECTION 7. Section 61.063, Education Code, is amended to
179	179	read as follows:
180	180	Sec. 61.063. LISTING [AND CERTIFICATION] OF PUBLIC JUNIOR
181	181	COLLEGES; ELIGIBILITY FOR STATE APPROPRIATIONS. (a) The
182	182	commissioner of higher education shall file with the [state]
183	183	comptroller on or before September [October] 1 of each year a list
184	184	of each [the] public junior college [colleges] in this state that
185	185	has certified to the board under Section 130.003 that the college is
186	186	in compliance with the requirements of Subsection (b) of that
187	187	section. [The commissioner shall certify the names of those
188	188	colleges that have complied with the standards, rules, and
189	189	regulations prescribed by the board.]
190	190	(b) Only a public junior college included on the list under
191	191	Subsection (a) is [those colleges which are so certified shall be]
192	192	eligible for and may receive money appropriated [any appropriation
193	193	made] by the legislature to public junior colleges.
194	194	SECTION 8. Sections 130.003(a), (b), (e), and (f),
195	195	Education Code, are amended to read as follows:
196	196	(a) There shall be appropriated biennially from money in the
197	197	state treasury not otherwise appropriated an amount sufficient to
198	198	supplement local funds for the proper support, maintenance,
199	199	operation, and improvement of those public junior colleges of Texas
200	200	that meet the standards prescribed by this chapter. The sum shall
201	201	be allocated in accordance with Chapter 130A [on the basis of
202	202	contact hours within categories developed, reviewed, and updated by
203	203	the coordinating board].
204	204	(b) To be eligible for and to receive money appropriated
205	205	under Subsection (a) [a proportionate share of the appropriation],
206	206	a public junior college must certify to the coordinating board, in
207	207	the manner prescribed by coordinating board rule, that the college:
208	208	(1) offers [be certified as a public junior college as
209	209	prescribed in Section 61.063;
210	210	[(2) offer] a minimum of 24 semester hours of
211	211	vocational and/or terminal courses;
212	212	(2) collects [(3) have complied with all existing
213	213	laws, rules, and regulations governing the establishment and
214	214	maintenance of public junior colleges;
215	215	[(4) collect], from each full-time and part-time
216	216	student enrolled, tuition [matriculation] and other [session] fees
217	217	in the amounts required by law or in the amounts set by the
218	218	governing board of the junior college district as authorized by
219	219	this title;
220	220	(3) grants [(5) grant], when properly applied for,
221	221	the scholarships and tuition exemptions provided for in this code;
222	222	(4) [and
223	223	[(6)] for a public junior college established on or
224	224	after September 1, 1986, levies and collects [levy and collect] ad
225	225	valorem taxes as provided by law for the operation and maintenance
226	226	of the [public junior] college; and
227	227	(5) has complied with all laws and coordinating board
228	228	rules for the establishment and operation of a public junior
229	229	college.
230	230	(e) The primary purpose of each public junior [community]
231	231	college shall be to provide:
232	232	(1) technical programs up to two years in length
233	233	leading to associate degrees or certificates;
234	234	(2) vocational programs leading directly to
235	235	employment in semi-skilled and skilled occupations;
236	236	(3) [freshman and sophomore] courses in the core
237	237	curriculum and field of study curriculum, as those terms are
238	238	defined by Section 61.821 [arts and sciences];
239	239	(4) continuing adult education programs for
240	240	occupational or cultural upgrading;
241	241	(5) compensatory education programs designed to
242	242	fulfill the commitment of an admissions policy allowing the
243	243	enrollment of disadvantaged students;
244	244	(6) a continuing program of counseling and guidance
245	245	designed to assist students in achieving their individual
246	246	educational goals;
247	247	(7) work force development programs designed to meet
248	248	local and statewide needs;
249	249	(8) adult literacy and other basic skills programs for
250	250	adults; and
251	251	(9) such other purposes as may be prescribed by the
252	252	coordinating board [Texas Higher Education Coordinating Board] or
253	253	local governing boards in the best interest of post-secondary
254	254	education in this state [Texas].
255	255	(f) This section does not affect the application of [alter,
256	256	amend, or repeal] Section 54.231 [54.060 of this code].
257	257	SECTION 9. Section 130.0033(c), Education Code, is amended
258	258	to read as follows:
259	259	(c) Charging tuition at a reduced rate under this section
260	260	does not affect the right of the public junior college to an
261	261	allocation [a proportionate share] of state appropriations under
262	262	Section 130.003 for the contact hours attributable to students
263	263	paying tuition at the reduced rate.
264	264	SECTION 10. Section 130.0034(a), Education Code, is amended
265	265	to read as follows:
266	266	(a) The governing board of a [public] junior college
267	267	district may charge a student a higher rate of tuition than the
268	268	tuition that would otherwise be charged for a course in which the
269	269	student enrolls if:
270	270	(1) the student has previously enrolled in the same
271	271	course or a course of substantially the same content and level two
272	272	or more times; and
273	273	(2) the student's enrollment in the course is not
274	274	included in the contact hours used to determine the junior
275	275	college's allocation [proportionate share] of state appropriations
276	276	under Section 130.003.
277	277	SECTION 11. Section 130.0051(a), Education Code, is amended
278	278	to read as follows:
279	279	(a) The board of trustees of a junior college district by
280	280	resolution may change the name of the district or a college within
281	281	the district [by eliminating the words "community" or "junior" from
282	282	the name of the district or college], unless the change would cause
283	283	the district or college to have the same or substantially the same
284	284	name as an existing district, college, or other public or private
285	285	institution of higher education in this state.
286	286	SECTION 12. Section 130.008(c), Education Code, is amended
287	287	to read as follows:
288	288	(c) The contact hours attributable to the enrollment of a
289	289	high school student in a course offered for joint high school and
290	290	junior college credit under this section, excluding a course for
291	291	which the student attending high school may receive course credit
292	292	toward the physical education curriculum requirement under Section
293	293	28.002(a)(2)(C), shall be included in the contact hours used to
294	294	determine the junior college's allocation [proportionate share] of
295	295	the state money appropriated and distributed to public junior
296	296	colleges under Sections 130.003 and 130.0031, even if the junior
297	297	college waives all or part of the tuition or fees for the student
298	298	under Subsection (b).
299	299	SECTION 13. Section 130.085(b), Education Code, is amended
300	300	to read as follows:
301	301	(b) This action by the board of trustees does not affect
302	302	their authority under Section 130.123 [of this code], nor does this
303	303	section in any way supersede that section. This action of the board
304	304	does not affect the right of the college to an allocation [a
305	305	proportionate share] of state appropriations under Section 130.003
306	306	[of this code].
307	307	SECTION 14. Section 130.090(c), Education Code, is amended
308	308	to read as follows:
309	309	(c) The grant of an exemption from tuition under Subsection
310	310	(b) does not affect the right of a junior college to an allocation
311	311	[a proportionate share] of state appropriations under Section
312	312	130.003 attributable to the contact hours of the junior college
313	313	with the student receiving the exemption.
314	314	SECTION 15. Sections 130.310(a) and (b), Education Code,
315	315	are amended to read as follows:
316	316	(a) Except as provided by Subsection (b), a degree program
317	317	created under this subchapter may be funded solely by a public
318	318	junior college's allocation [proportionate share] of state
319	319	appropriations under Section 130.003, local funds, and private
320	320	sources. This subsection does not require the legislature to
321	321	appropriate state funds to support a degree program created under
322	322	this subchapter. The coordinating board shall weigh contact hours
323	323	attributable to students enrolled in a junior-level or senior-level
324	324	course offered under this subchapter used to determine a public
325	325	junior college's allocation [proportionate share] of state
326	326	appropriations under Section 130.003 in the same manner as a lower
327	327	division course in a corresponding field.
328	328	(b) Notwithstanding Subsection (a), in its recommendations
329	329	to the legislature relating to state funding for public junior
330	330	colleges, the coordinating board shall recommend that a public
331	331	junior college authorized to offer baccalaureate degree programs
332	332	under Section 130.303(a) or 130.304 receive substantially the same
333	333	state support for junior-level and senior-level courses in the
334	334	fields of applied science, applied technology, dental hygiene, and
335	335	nursing offered under this subchapter as that provided to a general
336	336	academic teaching institution for substantially similar courses.
337	337	For purposes of this subsection, in determining the contact hours
338	338	attributable to students enrolled in a junior-level or senior-level
339	339	course in the field of applied science, applied technology, dental
340	340	hygiene, or nursing offered under this subchapter used to determine
341	341	a public junior college's allocation [proportionate share] of state
342	342	appropriations under Section 130.003, the coordinating board shall
343	343	weigh those contact hours as necessary to provide the junior
344	344	college the appropriate level of state support to the extent state
345	345	funds for those courses are included in the appropriations. This
346	346	subsection does not prohibit the legislature from directly
347	347	appropriating state funds to support junior-level and senior-level
348	348	courses to which this subsection applies.
349	349	SECTION 16. Section 130.352, Education Code, is amended to
350	350	read as follows:
351	351	Sec. 130.352. FORMULA FUNDING FOR WORKFORCE CONTINUING
352	352	EDUCATION COURSES. Notwithstanding Section 130.003 or any other
353	353	law, contact hours attributable to the enrollment of a student in a
354	354	workforce continuing education course offered by a public junior
355	355	college shall be included in the contact hours used to determine the
356	356	college's allocation [proportionate share] of state money
357	357	appropriated and distributed to public junior colleges under
358	358	Sections 130.003 and 130.0031, regardless of whether the college
359	359	waives all or part of the tuition or fees for the course under
360	360	Section 130.354.
361	361	SECTION 17. Section 130.355, Education Code, is amended to
362	362	read as follows:
363	363	Sec. 130.355. RULES. The coordinating board shall adopt
364	364	any rules the coordinating board considers necessary for the
365	365	administration of this subchapter. [In adopting those rules, the
366	366	coordinating board shall use the negotiated rulemaking procedures
367	367	under Chapter 2008, Government Code.]
368	368	SECTION 18. Subtitle G, Title 3, Education Code, is amended
369	369	by adding Chapter 130A to read as follows:
370	370	CHAPTER 130A. PUBLIC JUNIOR COLLEGE STATE FINANCE PROGRAM
371	371	SUBCHAPTER A. GENERAL PROVISIONS
372	372	Sec. 130A.001. LEGISLATIVE INTENT. It is the intent of the
373	373	legislature that, as public junior colleges are locally governed
374	374	institutions, providing foundational funding for instruction and
375	375	operations of public junior colleges should be primarily a local
376	376	responsibility, supported through a combination of tuition, fees,
377	377	and local property taxes, with state funding focused primarily on
378	378	rewarding outcomes aligned with regional and state education and
379	379	workforce needs.
380	380	Sec. 130A.002. PURPOSE. The purpose of the public junior
381	381	college state finance program established under this chapter is to
382	382	provide a modern and dynamic finance system that ensures that each
383	383	public junior college has access to adequate state appropriations
384	384	and local resources to support the education and training of the
385	385	workforce of the future.
386	386	Sec. 130A.003. DEFINITIONS. In this chapter:
387	387	(1) "Commissioner" means the commissioner of higher
388	388	education.
389	389	(2) "Coordinating board" means the Texas Higher
390	390	Education Coordinating Board.
391	391	(3) "Program" means the public junior college state
392	392	finance program established under this chapter.
393	393	(4) "Public junior college" has the meaning assigned
394	394	by Section 61.003.
395	395	Sec. 130A.004. PROGRAM COMPONENTS. The program consists
396	396	of:
397	397	(1) a base tier of state and local funding determined
398	398	in accordance with Subchapter B that ensures each public junior
399	399	college has access to a consistent level of base funding for
400	400	instruction and operations; and
401	401	(2) a performance tier of state funding determined in
402	402	accordance with Subchapter C that constitutes the majority of state
403	403	funding and is distributed based on measurable outcomes aligned
404	404	with:
405	405	(A) regional and state workforce needs; and
406	406	(B) state goals aligned to the state's long-range
407	407	master plan for higher education developed under Section 61.051.
408	408	Sec. 130A.005. ADMINISTRATION OF PROGRAM. (a) The
409	409	coordinating board may adopt rules, require reporting, and take
410	410	other actions consistent with Chapter 61, Chapter 130, and this
411	411	chapter as necessary to implement and administer the program.
412	412	(b) The coordinating board may adopt rules under this
413	413	section in consultation with public junior colleges.
414	414	(c) Notwithstanding Section 61.033, the coordinating board
415	415	is not required to use negotiated rulemaking procedures under
416	416	Chapter 2008, Government Code, for the adoption of rules under this
417	417	section.
418	418	Sec. 130A.006. REQUIRED REPORTING. The coordinating board
419	419	by rule shall require each junior college district to report to the
420	420	coordinating board through the Education Data System, Community
421	421	College Annual Reporting and Analysis Tool, or any successor
422	422	program, data necessary to:
423	423	(1) calculate funding under this chapter;
424	424	(2) provide timely data and analyses to inform
425	425	management decisions by the governing body of each junior college
426	426	district; or
427	427	(3) administer or evaluate the effectiveness of the
428	428	program.
429	429	Sec. 130A.007. COMMISSIONER AUTHORITY TO RESOLVE DATA
430	430	REPORTING ERRORS AND UNINTENDED CONSEQUENCES FROM FUNDING
431	431	FORMULAS. (a) The commissioner may review the accuracy of contact
432	432	hour and semester credit hour data reported to the coordinating
433	433	board by junior college districts.
434	434	(b) The commissioner may adjust:
435	435	(1) the distribution of funding under this chapter for
436	436	a state fiscal year as necessary to correct errors in data reporting
437	437	identified through the commissioner's review under Subsection (a);
438	438	and
439	439	(2) a junior college district's funding under this
440	440	chapter if the funding formulas used to determine the district's
441	441	entitlement would result in an unanticipated loss or gain for the
442	442	district that would have a substantial negative impact on the
443	443	district's operations.
444	444	(c) Before making an adjustment under this section, the
445	445	commissioner must request and receive written approval from the
446	446	Legislative Budget Board and the office of the governor. A request
447	447	to make an adjustment is considered approved unless the Legislative
448	448	Budget Board or the office of the governor issues a written
449	449	disapproval within 60 business days after the date on which the
450	450	request is received.
451	451	(d) If the commissioner makes an adjustment under
452	452	Subsection (b), the commissioner shall provide to the legislature
453	453	an explanation regarding the changes necessary to resolve the data
454	454	reporting errors or the unintended consequences, as applicable.
455	455	Sec. 130A.008. CENSUS DATE ELIGIBILITY. A junior college
456	456	district may report a student in attendance on the district's
457	457	approved course census date for the purpose of funding under this
458	458	chapter.
459	459	Sec. 130A.009. RECOVERY OF OVERALLOCATED FUNDS. (a) If a
460	460	junior college district has received an overallocation of state
461	461	funds, the coordinating board shall recover from the district an
462	462	amount equal to the overallocation by withholding from subsequent
463	463	allocations of state funds for the current or subsequent academic
464	464	year or by requesting and obtaining a refund from the district.
465	465	(b) Notwithstanding Subsection (a), the coordinating board
466	466	may recover an overallocation of state funds over a period not to
467	467	exceed the subsequent five academic years if the commissioner
468	468	determines that the overallocation was the result of exceptional
469	469	circumstances reasonably caused by statutory changes to Chapter 130
470	470	or this chapter and related reporting requirements.
471	471	(c) If a junior college district fails to comply with a
472	472	request for a refund under Subsection (a), the coordinating board
473	473	shall certify to the comptroller that the amount constitutes a debt
474	474	for purposes of Section 403.055, Government Code. The coordinating
475	475	board shall provide to the comptroller the amount of the
476	476	overallocation and any other information required by the
477	477	comptroller. The comptroller may certify the amount of the debt to
478	478	the attorney general for collection. The junior college district's
479	479	governmental immunity is waived to the extent necessary to collect
480	480	the debt owed under this section.
481	481	(d) Subject to Subsection (e), the coordinating board may
482	482	review a junior college district as necessary to determine if the
483	483	district qualifies for each amount received by the district under
484	484	this chapter. If the coordinating board determines that a junior
485	485	college district received an amount to which the district was not
486	486	entitled, the coordinating board may establish a corrective action
487	487	plan or withhold the applicable amount of funding from the
488	488	district.
489	489	(e) The coordinating board may not review junior college
490	490	district expenditures that occurred seven or more years before the
491	491	review.
492	492	Sec. 130A.010. GIFTS, GRANTS, AND DONATIONS. Except as
493	493	provided by other law, the coordinating board may solicit and
494	494	accept gifts, grants, or donations of personal property from any
495	495	public or private source to implement or administer this chapter.
496	496	SUBCHAPTER B. STATE FUNDING: BASE TIER
497	497	Sec. 130A.051. BASE TIER FORMULA. The amount of base tier
498	498	state funding to which a junior college district is entitled for
499	499	instruction and operations under this subchapter for a state fiscal
500	500	year is an amount equal to the amount, if any, by which the
501	501	district's guaranteed instruction and operations funding, as
502	502	determined under Section 130A.052, exceeds the district's local
503	503	share of base tier funding, as determined under Section 130A.056.
504	504	Sec. 130A.052. GUARANTEED INSTRUCTION AND OPERATIONS
505	505	FUNDING FORMULA. The amount of a junior college district's
506	506	guaranteed instruction and operations funding for a state fiscal
507	507	year is equal to the sum of:
508	508	(1) the product of:
509	509	(A) the district's basic allotment under Section
510	510	130A.053; and
511	511	(B) the number of weighted full-time equivalent
512	512	students enrolled at the district determined in accordance with
513	513	Section 130A.054; and
514	514	(2) the district's contact hour funding under Section
515	515	130A.055.
516	516	Sec. 130A.053. BASIC ALLOTMENT. (a) The basic allotment
517	517	for a junior college district for a state fiscal year is an amount
518	518	per weighted full-time equivalent student set by the General
519	519	Appropriations Act or other legislative appropriation.
520	520	(b) The coordinating board by rule shall establish an
521	521	equitable adjustment to the basic allotment for each junior college
522	522	district with a total enrollment of fewer than 5,000 full-time
523	523	equivalent students.
524	524	(c) Not later than November 1 of each even-numbered year, a
525	525	junior college district that receives an adjustment under
526	526	Subsection (b) shall submit to the commissioner a report on the
527	527	district's participation in institutional partnerships and shared
528	528	services available under Section 61.0571 or other partnerships to
529	529	reduce costs and improve operational efficiency.
530	530	Sec. 130A.054. WEIGHTED FULL-TIME EQUIVALENT STUDENT. (a)
531	531	The coordinating board by rule shall establish student weights for
532	532	purposes of this chapter that reflect the higher cost of educating
533	533	certain students.
534	534	(b) The student weights must be established in a manner that
535	535	results in appropriate funding to a junior college district for the
536	536	education of a student enrolled in an eligible credit or non-credit
537	537	program who is:
538	538	(1) 25 years of age or older;
539	539	(2) economically disadvantaged, as defined by
540	540	coordinating board rule; or
541	541	(3) academically disadvantaged, as defined by
542	542	coordinating board rule.
543	543	(c) The number of weighted full-time equivalent students
544	544	enrolled at a junior college district for purposes of this
545	545	subchapter is equal to the product of:
546	546	(1) the number of full-time equivalent students
547	547	enrolled in the district; and
548	548	(2) the sum of the weights assigned to students
549	549	enrolled in the district.
550	550	Sec. 130A.055. CONTACT HOUR FUNDING. (a) The coordinating
551	551	board by rule shall establish the amount of funding to be provided
552	552	to a junior college district under this subchapter per contact
553	553	hour.
554	554	(b) The amount of funding per contact hour must be weighted
555	555	by discipline to reflect the cost of providing the applicable
556	556	course.
557	557	Sec. 130A.056. LOCAL SHARE. (a) A junior college
558	558	district's local share of base tier funding is an amount equal to
559	559	the sum of the amounts of revenue that would be generated by:
560	560	(1) imposing a maintenance and operations ad valorem
561	561	tax in the district at a rate of $0.05; and
562	562	(2) assessing an amount of tuition and fees to each
563	563	student enrolled in the district equal to the statewide average
564	564	amount of tuition and fees assessed by junior college districts to
565	565	an equivalent student, determined as provided by coordinating board
566	566	rule.
567	567	(b) Notwithstanding Subsection (a), the commissioner by
568	568	rule may provide that a junior college district that imposes a
569	569	maintenance and operations ad valorem tax at a rate of less than
570	570	$0.05 may substitute the amount of revenue generated by the
571	571	district at that tax rate for the amount of revenue required under
572	572	Subsection (a)(1).
573	573	SUBCHAPTER C. STATE FUNDING: PERFORMANCE TIER
574	574	Sec. 130A.101. PERFORMANCE TIER. (a) A junior college
575	575	district is entitled to performance tier funding for a state fiscal
576	576	biennium in an amount equal to the sum of the amounts determined
577	577	under Subsection (b) for each measurable outcome described by
578	578	Subsection (c).
579	579	(b) The amount of performance tier funding for each
580	580	measurable outcome described by Subsection (c) is equal to the
581	581	product of:
582	582	(1) the number of times that outcome was achieved by
583	583	the junior college district during the preceding state fiscal
584	584	biennium;
585	585	(2) for an outcome described by Subsection (c)(1) or
586	586	(2), the sum of the applicable student weights established by
587	587	coordinating board rule under Section 130A.054 for the students who
588	588	achieved the outcome at the junior college district during the
589	589	preceding state fiscal biennium; and
590	590	(3) the amount set by the General Appropriations Act
591	591	or other legislative appropriation for the outcome.
592	592	(c) The measurable outcomes considered for purposes of
593	593	performance tier funding are:
594	594	(1) the number of credentials of value awarded,
595	595	including degrees, certificates, and other credentials from credit
596	596	and non-credit programs that equip students for continued learning
597	597	and greater earnings in the state economy, with an additional
598	598	weight for credentials in a high-demand field, as defined by
599	599	coordinating board rule;
600	600	(2) the number of students who earn at least 15
601	601	semester credit hours or the equivalent at the junior college
602	602	district and subsequently transfer to a general academic teaching
603	603	institution, as that term is defined by Section 61.003; and
604	604	(3) the number of students who complete a sequence of
605	605	at least 15 semester credit hours or the equivalent for dual credit
606	606	courses that apply toward academic and workforce program
607	607	requirements at the postsecondary level.
608	608	SECTION 19. Sections 61.0593 and 130.003(d), Education
609	609	Code, are repealed.
610	610	SECTION 20. Sections 28.009(b-2) and 28.010(a), Education
611	611	Code, as amended by this Act, and Section 28.0095, Education Code,
612	612	as added by this Act, apply beginning with the 2023-2024 school
613	613	year.
614	614	SECTION 21. The Texas Higher Education Coordinating Board
615	615	may identify rules required by the passage of Chapter 130A,
616	616	Education Code, as added by this Act, that must be adopted on an
617	617	emergency basis for purposes of the state fiscal year beginning
618	618	September 1, 2023, and may use the procedures established under
619	619	Section 2001.034, Government Code, for adopting those rules. The
620	620	coordinating board is not required to make the finding described by
621	621	Section 2001.034(a), Government Code, to adopt emergency rules
622	622	under this section.
623	623	SECTION 22. (a) Except as provided by Subsection (b) of
624	624	this section, this Act takes effect September 1, 2023, and applies
625	625	to the allocation of state funding to junior college districts
626	626	beginning with the state fiscal biennium beginning September 1,
627	627	2023.
628	628	(b) Sections 28.009(b-2) and 28.010(a), Education Code, as
629	629	amended by this Act, and Section 28.0095, Education Code, as added
630	630	by this Act, take effect immediately if this Act receives a vote of
631	631	two-thirds of all the members elected to each house, as provided by
632	632	Section 39, Article III, Texas Constitution. If this Act does not
633	633	receive the vote necessary for immediate effect, those provisions
634	634	take effect September 1, 2023.