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AN ACT
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relating to the board of trustees of the Weatherford Junior College |
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District. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter E, Chapter 130, Education Code, is |
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amended by adding Section 130.0828 to read as follows: |
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Sec. 130.0828. ADDITIONAL TRUSTEES FOR WEATHERFORD JUNIOR |
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COLLEGE DISTRICT. (a) Notwithstanding any other law, in addition |
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to the members of the board of trustees of the Weatherford Junior |
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College District elected or appointed under other provisions of |
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this subchapter, the commissioners court of each county in which a |
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branch campus of the district is located and that imposed a branch |
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campus maintenance tax under Section 130.253 on September 1, 2017, |
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shall appoint one member to serve on the district's board of |
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trustees. |
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(b) Members of the board of trustees appointed under this |
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section serve two-year terms and may be appointed to serve |
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successive terms. The commissioners court shall appoint initial |
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members to serve a term beginning December 1, 2017. |
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(c) Except as provided by Subsection (d), a member of the |
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board of trustees appointed under this section may participate in |
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the decision-making of the board to the same extent as any other |
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member of the board, including by voting on any budget that affects |
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the entire district. |
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(d) A member of the board of trustees appointed under this |
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section: |
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(1) may not participate in the decision-making of the |
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board in matters related to: |
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(A) the imposition of a tax; or |
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(B) an issue that only affects a campus located |
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in the junior college district; |
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(2) is not counted for purposes of determining whether |
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a quorum of the board is present for the purpose of Subdivision (1); |
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and |
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(3) may not serve as an officer of the board of |
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trustees. |
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(e) Unless this section is continued in effect by the |
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legislature, this section expires on December 1, 2027. |
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SECTION 2. The commissioners court of each county to which |
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Section 130.0828, Education Code, as added by this Act, applies |
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shall appoint the initial members of the board of trustees of the |
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Weatherford Junior College District under that section not later |
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than November 30, 2017. |
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SECTION 3. SEVERABILITY. (a) It is the intent of the |
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legislature that every provision, section, subsection, sentence, |
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clause, phrase, and word in this Act, and every application of the |
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provisions in this Act to each local law, are severable from each |
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other. All constitutionally valid and lawful applications of this |
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Act shall be severed from an application that a court finds to be |
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invalid, leaving the valid applications in force because it is the |
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legislature's intent and priority that the valid applications be |
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allowed to stand alone. |
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(b) A court may not decline to enforce the severability |
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requirements in this Act on the ground that the enforcement of the |
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severability requirements would be contrary to legislative intent. |
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The legislature hereby declares that it intends for the |
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severability requirements of this Act to be enforced as written, |
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without any exceptions. |
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(c) A court may not decline to enforce the severability |
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requirements of this Act on the ground that the Act's provisions or |
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applications are essentially and inseparably connected. The |
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legislature hereby declares that it intends for the severability |
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requirements of this Act to be enforced without regard to whether |
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this Act's provisions or applications are essentially and |
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inseparably connected. |
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(d) If a final court order or judgment finds that the |
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composition of the board of trustees of the Weatherford Junior |
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College District as composed under this Act is invalid, the |
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court-ordered remedy shall require the appointment of members of |
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the board of trustees by the commissioners court of each county in |
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which a branch campus of the district is located in the manner |
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described by Section 130.0828, Education Code, as added by this |
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Act, so that the composition of the board of trustees complies with |
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applicable law. |
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(e) Section 311.032(a), Government Code, applies to this |
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Act. |
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SECTION 4. This Act takes effect September 1, 2017. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 2194 was passed by the House on April |
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20, 2017, by the following vote: Yeas 144, Nays 0, 2 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 2194 was passed by the Senate on May |
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10, 2017, by the following vote: Yeas 25, Nays 5. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: _____________________ |
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Date |
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_____________________ |
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Governor |