BILL ANALYSIS

 

 

Senate Research Center

H.B. 382

84R24591 JRJ-D

By: Canales et al. (Lucio)

 

Intergovernmental Relations

 

5/15/2015

 

Engrossed

 

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

Interested parties note that the South Texas Community College District is the community college system established by the legislature to serve Hidalgo and Starr counties. While the district serves those counties with multiple campuses in several Lower Rio Grande Valley communities, the parties suggest that the district's service area needs an extension facility more conveniently located to other communities in the district.  H.B. 382 seeks to provide for the establishment of such an extension facility.

 

H.B. 382 amends current law relating to public junior college district branch campuses, including a requirement that the South Texas Community College District establish an extension facility in a certain location.

 

RULEMAKING AUTHORITY

 

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

 

SECTION BY SECTION ANALYSIS

 

SECTION 1.  Amends Chapter 130, Education Code, by adding Subchapter K, as follows:

 

SUBCHAPTER K.  BRANCH CAMPUSES

 

Sec. 130.254.  SOUTH TEXAS COMMUNITY COLLEGE DISTRICT; EXTENSION FACILITY. Requires the board of trustees of the South Texas Community College District to establish and operate an extension facility within the corporate limits of the municipality of Edcouch or Elsa.  Provides that an extension facility established under this section is subject to the requirements of Section 130.251.

 

SECTION 2.  Transfers Sections 130.086, 130.0865, and 130.087, Education Code, to Subchapter K, Chapter 130, Education Code, as added by this Act, Redesignates them as Sections 130.251, 130.252, and 130.253, Education Code, and amends them as follows:

 

Sec. 130.251.  BRANCH CAMPUSES. Redesignates Section 130.086 as Section 130.251.  (a) Makes no change to this subsection.

 

(b)  Requires that such branch campuses, centers, or extension facilities be within the role and scope of the junior college as determined by the Texas Higher Education Coordinating Board (THECB), rather than the Coordinating Board, Texas College and University System (coordinating board).

 

(c)-(h)  Makes no change to these subsections.

 

Sec. 130.252.  SECURITY FOR REVENUE BONDS ISSUED FOR BRANCH CAMPUS, CENTER, OR EXTENSION FACILITY.  Redesignates Section 130.0865 as Section 130.252.  Provides that bonds payable from revenue and issued by the governing body of a county or school district may finance the purchase of land or the construction of a facility may be used for a branch campus, center, or extension facility authorized under Section 130.251, rather than Section 130.086, to 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.  BRANCH CAMPUS MAINTENANCE TAX.  Redesignates Section 130.087 as Section 130.253.

 

(a) and (b)  Makes no change to these subsections.

 

(c)  Requires THECB, rather than the coordinating board, to determine whether the requirements provided by Subsections (a) and (b), have been satisfied and whether the proposed tax is feasible and desirable under the coordinating board's rules for junior colleges.  Makes a nonsubstantive change.

 

(d)-(l)  Makes no change to these subsections.

 

(m)  Changes reference to the coordinating board to THECB.

 

(n)  Makes no change to this subsection.

 

SECTION 3.  Amends Section 45.105(f), Education Code, to provide that funds from a junior college district branch campus maintenance tax levied by a school district board of trustees under Section 130.253, rather than Section 130.087, may be used as provided by that section

 

SECTION 4.  Amends Section 51.406(b), Education Code, as follows:

 

(b)  Provides that a university system or institution of higher education is not required to make the report on or after September 1, 2013, to the extent that any of the following laws require reporting by a university system or an institution of higher education, unless legislation enacted by the 83rd Legislature that becomes law expressly requires the institution or system to make the report:

 

(1)-(3)  Makes no change to these subdivisions;

 

(4)  Section 130.251, rather than Section 130.086;

 

(5)-(10)  Makes no change to these subdivisions.

 

SECTION 5.  Provides that Section 130.254, Education Code, as added by this Act, applies beginning with the 2016-2017 academic year.

 

SECTION 6.  Effective date: September 1, 2015.