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