CHAPTER 130. JUNIOR COLLEGE DISTRICTS
EDUCATION CODE
TITLE 3. HIGHER EDUCATION
SUBTITLE G. NON-BACCALAUREATE SYSTEM
CHAPTER 130. JUNIOR COLLEGE DISTRICTS
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 130.001. SUPERVISION BY COORDINATING BOARD, TEXAS COLLEGE
AND UNIVERSITY SYSTEM. (a) The Coordinating Board, Texas
College and University System, referred to as the coordinating
board, shall exercise general control of the public junior
colleges of Texas.
(b) The coordinating board shall have the responsibility for
adopting policies, enacting regulations, and establishing general
rules necessary for carrying out the duties with respect to
public junior colleges as prescribed by the legislature, and with
the advice and assistance of the commissioner of higher
education, shall have authority to:
(1) authorize the creation of public junior college districts as
provided in the statutes, giving particular attention to the need
for a public junior college in the proposed district and the
ability of the district to provide adequate local financial
support;
(2) dissolve any public junior college district which has failed
to establish and maintain a junior college within three years
from the date of its authorization;
(3) adopt standards for the operation of public junior colleges
and prescribe the rules and regulations for such colleges;
(4) require of each public junior college such reports as deemed
necessary in accordance with the coordinating board's rules and
regulations; and
(5) establish advisory commissions composed of representatives
of public junior colleges and other citizens of the state to
provide advice and counsel to the coordinating board with respect
to public junior colleges.
Acts 1969, 61st Leg., p. 2993, ch. 889, Sec. 1. Renumbered from
Education Code Sec. 51.001 by Acts 1971, 62nd Leg., p. 3280, ch.
1024, art. 1, Sec. 1, eff. Sept. 1, 1971.
Sec. 130.0011. PUBLIC JUNIOR COLLEGES; ROLE AND MISSION. Texas
public junior colleges shall be two-year institutions primarily
serving their local taxing districts and service areas in Texas
and offering vocational, technical, and academic courses for
certification or associate degrees. Continuing education,
remedial and compensatory education consistent with
open-admission policies, and programs of counseling and guidance
shall be provided. Each institution shall insist on excellence in
all academic areas--instruction, research, and public service.
Faculty research, using the facilities provided for and
consistent with the primary function of each institution, is
encouraged. Funding for research should be from private sources,
competitively acquired sources, local taxes, and other local
revenue.
Added by Acts 1987, 70th Leg., ch. 823, Sec. 2.01, eff. June 20,
1987.
Sec. 130.0012. BACCALAUREATE DEGREE PROGRAMS. (a) The Texas
Higher Education Coordinating Board shall authorize public junior
colleges to offer baccalaureate degree programs in the fields of
applied science and applied technology under this section.
Offering a baccalaureate degree program under this section does
not otherwise alter the role and mission of a public junior
college.
(b) The coordinating board shall authorize baccalaureate degree
programs at each public junior college that previously
participated in a pilot project to offer baccalaureate degree
programs.
(c) A public junior college offering a baccalaureate degree
program under this section must meet all applicable accreditation
requirements of the Commission on Colleges of the Southern
Association of Colleges and Schools.
(d) A public junior college offering a baccalaureate degree
program under this section may not offer more than five
baccalaureate degree programs at any time. The degree programs
are subject to the continuing approval of the coordinating board.
(e) In determining what baccalaureate degree programs are to be
offered, the coordinating board shall consider:
(1) the need for the degree programs in the region served by the
junior college;
(2) how those degree programs would complement the other
programs and course offerings of the junior college;
(3) whether those degree programs would unnecessarily duplicate
the degree programs offered by other institutions of higher
education; and
(4) the ability of the junior college to support the program and
the adequacy of the junior college's facilities, faculty,
administration, libraries, and other resources.
(f) Each public junior college that offers a baccalaureate
degree program under this section must enter into an articulation
agreement with one or more general academic teaching institutions
to ensure that students enrolled in the degree program have an
opportunity to complete the degree if the public junior college
ceases to offer the degree program. The coordinating board may
require a general academic teaching institution that offers a
comparable degree program to enter into an articulation agreement
with the public junior college as provided by this subsection.
(g) In its recommendations to the legislature relating to state
funding for public junior colleges, the coordinating board shall
recommend that a public junior college receive substantially the
same state support for junior-level and senior-level courses
offered under this section as that provided to a general academic
teaching institution for substantially similar courses. In
determining the contact hours attributable to students enrolled
in a junior-level or senior-level course offered under this
section used to determine a public junior college's proportionate
share of state appropriations under Section 130.003, the
coordinating board shall weigh those contact hours as necessary
to provide the junior college the appropriate level of state
support to the extent state funds for those courses are included
in the appropriations. This subsection does not prohibit the
legislature from directly appropriating state funds to support
junior-level and senior-level courses offered under this section.
(h) Each public junior college offering a baccalaureate degree
program under this section shall prepare a biennial report on the
operation and effectiveness of the junior college's baccalaureate
degree programs and shall deliver a copy of the report to the
coordinating board in the form and at the time determined by the
coordinating board..
(j) The coordinating board shall prescribe procedures to ensure
that each public junior college that offers a degree program
under this section informs each student who enrolls in the degree
program of the articulation agreement entered into under
Subsection (f) for the student's degree program.
(k) The board shall conduct a study relating to the success of
baccalaureate degree programs offered under this section and to
the feasibility of expanding the offering of baccalaureate
degrees by public junior colleges. The study must consider the
economic viability of expanding the degree programs, the
workforce needs served by the degree programs for various areas
of the state, current and potential university course offerings,
and other methods for making baccalaureate degrees available,
such as distance education programs and multi-institutional
teaching centers. Not later than November 15, 2010, the board
shall report the results of the study to each standing committee
of the legislature with primary jurisdiction over higher
education. This subsection expires January 1, 2011.
Added by Acts 2003, 78th Leg., ch. 820, Sec. 50, eff. Sept. 1,
2003; Acts 2003, 78th Leg., ch. 1201, Sec. 4, eff. Sept. 1, 2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
1397, Sec. 1, eff. June 15, 2007.
Acts 2009, 81st Leg., R.S., Ch.
674, Sec. 3, eff. June 19, 2009.
Sec. 130.002. EXTENT OF STATE AND LOCAL CONTROL. All authority
not vested by this chapter or by other laws of the state in the
coordinating board or in the Central Education Agency is reserved
and retained locally in each of the respective public junior
college districts or in the governing boards of such junior
colleges as provided in the laws applicable.
Acts 1969, 61st Leg., p. 2993, ch. 889, Sec. 1. Renumbered from
Education Code Sec. 51.002 by Acts 1971, 62nd Leg., p. 3281, ch.
1024, art. 1, Sec. 1, eff. Sept. 1, 1971.
Sec. 130.0021. CONVEYANCE OF CERTAIN REAL PROPERTY. A public
junior college or a public junior college district may donate,
exchange, convey, sell, or lease land, improvements, or any other
interest in any real property for less than the fair market value
of the real property interest if the donation, conveyance,
exchange, sale, or lease is being made to a university system and
the governing board of the public junior college or the public
junior college district also finds that the donation, conveyance,
exchange, sale, or lease of the interest promotes a public
purpose related to higher education within the service area of
the public junior college or the public junior college district.
Added by Acts 1999, 76th Leg., ch. 296, Sec. 5, eff. May 29,
1999.
Sec. 130.003. STATE APPROPRIATION FOR PUBLIC JUNIOR COLLEGES.
(a) There shall be appropriated biennially from money in the
state treasury not otherwise appropriated an amount sufficient to
supplement local funds for the proper support, maintenance,
operation, and improvement of those public junior colleges of
Texas that meet the standards prescribed by this chapter. The sum
shall be allocated on the basis of contact hours within
categories developed, reviewed, and updated by the coordinating
board.
(b) To be eligible for and to receive a proportionate share of
the appropriation, a public junior college must:
(1) be certified as a public junior college as prescribed in
Section 61.063;
(2) offer a minimum of 24 semester hours of vocational and/or
terminal courses;
(3) have complied with all existing laws, rules, and regulations
governing the establishment and maintenance of public junior
colleges;
(4) collect, from each full-time and part-time student enrolled,
matriculation and other session fees in the amounts required by
law or in the amounts set by the governing board of the junior
college district as authorized by this title;
(5) grant, when properly applied for, the scholarships and
tuition exemptions provided for in this code; and
(6) for a public junior college established on or after
September 1, 1986, levy and collect ad valorem taxes as provided
by law for the operation and maintenance of the public junior
college.
(c) All funds allocated under the provisions of this code, with
the exception of those necessary for paying the costs of audits
as provided, shall be used exclusively for the purpose of paying
salaries of the instructional and administrative forces of the
several institutions and the purchase of supplies and materials
for instructional purposes.
(d) Only those colleges which have been certified as prescribed
in Section 61.063 of this code shall be eligible for and may
receive any appropriation made by the legislature to public
junior colleges.
(e) The purpose of each public community college shall be to
provide:
(1) technical programs up to two years in length leading to
associate degrees or certificates;
(2) vocational programs leading directly to employment in
semi-skilled and skilled occupations;
(3) freshman and sophomore courses in arts and sciences;
(4) continuing adult education programs for occupational or
cultural upgrading;
(5) compensatory education programs designed to fulfill the
commitment of an admissions policy allowing the enrollment of
disadvantaged students;
(6) a continuing program of counseling and guidance designed to
assist students in achieving their individual educational goals;
(7) work force development programs designed to meet local and
statewide needs;
(8) adult literacy and other basic skills programs for adults;
and
(9) such other purposes as may be prescribed by the Texas Higher
Education Coordinating Board or local governing boards in the
best interest of post-secondary education in Texas.
(f) This section does not alter, amend, or repeal Section 54.060
of this code.
Acts 1969, 61st Leg., p. 2994, ch. 889, Sec. 1. Renumbered from
Education Code Sec. 51.003 by Acts 1971, 62nd Leg., p. 3281, ch.
1024, art. 1, Sec. 1, eff. Sept. 1, 1971. Amended by Acts 1971,
62nd Leg., p. 3355, ch. 1024, art. 2, Sec. 30, eff. Sept. 1,
1971; Acts 1973, 63rd Leg., p. 87, ch. 51, Sec. 7, eff. Aug. 27,
1973; Acts 1973, 63rd Leg., p. 1519, ch. 549, Sec. 1, eff. June
15, 1973; Acts 1977, 65th Leg., p. 1379, ch. 550, Sec. 1, eff.
Aug. 29, 1977; Acts 1985, 69th Leg., ch. 705, Sec. 1, eff. Sept.
1, 1985; Acts 1985, 69th Leg., ch. 708, Sec. 16, eff. Aug. 26,
1985; Acts 1987, 70th Leg., ch. 823, Sec. 3.04, eff. June 20,
1987; Acts 1993, 73rd Leg., ch. 262, Sec. 1, eff. May 23, 1993;
Acts 1997, 75th Leg., ch. 1383, Sec. 1, eff. June 20, 1997.
Amended by:
Acts 2005, 79th Leg., Ch.
805, Sec. 1, eff. June 17, 2005.
Sec. 130.0031. TRANSFERS: WHEN MADE. (a) In this section:
(1) "Category 1 junior college" means a junior college having
not more than 2,500 students in fall head count enrollment for
the previous fiscal year and not more than $300,000 of local
taxes collected, excluding taxes for debt service, in the
previous fiscal year.
(2) "Category 2 junior college" means a junior college having
more than 2,500 students in fall head count enrollment for the
previous fiscal year or more than $300,000 of local taxes
collected, excluding taxes for debt service, in the previous
fiscal year.
(b) Money appropriated for payment to junior colleges under the
authority of Section 130.003 of this code shall be paid to each
eligible category 1 junior college out of the public junior
college reimbursement fund as follows:
(1) 24 percent of the yearly entitlement of the junior college
shall be paid in two equal installments to be made on or before
the 25th day of September and October; and
(2) 76 percent of the yearly entitlement of the junior college
shall be paid in eight equal installments to be made on or before
the 25th day of November, December, January, February, March,
April, May, and June.
(c) Money appropriated for payment to junior colleges under the
authority of Section 130.003 of this code shall be paid to each
eligible category 2 junior college out of the public junior
college reimbursement fund as follows:
(1) 24 percent of the yearly entitlement of the junior college
shall be paid in two equal installments to be made on or before
the 25th day of September and October; and
(2) 76 percent of the yearly entitlement of the junior college
shall be paid in eight equal installments to be made on or before
the 25th day of November, December, March, April, May, June,
July, and August.
(d) The amount of any installment required by this section may
be modified to provide the junior college with the proper amount
to which the junior college may be entitled by law and to correct
errors in the allocation or distribution of funds. If an
installment under this section is required to be equal to other
installments, the amount of other installments may be adjusted to
provide for that equality. A payment under this section is not
invalid because it is not equal to other installments.
Added by Acts 1984, 68th Leg., 2nd C.S., ch. 10, art. 1, Sec. 3,
eff. Sept. 1, 1984.
Sec. 130.00311. METHODS OF INCLUSION OR PARTICIPATION IN JUNIOR
COLLEGE DISTRICT. (a) The following are methods that may be
used to be included in or to participate in a junior college
district:
(1) the registered voters of territory that is not located in a
junior college district may petition to join an existing junior
college district or to establish a new junior college district
under the other provisions of this chapter; or
(2) a junior college district may enter into an agreement with
an entity or community under Section 130.0081 to provide services
to the entity or community.
(b) If a political subdivision or part of a political
subdivision is not located in a junior college district or has
not entered into an agreement under Section 130.0081, a person
who resides in that territory and who is a student of a junior
college district shall be charged tuition and fees at the rate
established under Section 130.0032(d).
Added by Acts 2005, 79th Leg., Ch.
1100, Sec. 1, eff. June 18, 2005.
Sec. 130.0032. TUITION FOR STUDENTS RESIDING OUTSIDE OF
DISTRICT. (a) The governing board of a public junior college
district may allow a person who resides outside the district and
who owns property subject to ad valorem taxation by the district,
or a dependent of the person, to pay tuition at the rate
applicable to a student who resides in the district.
(b) The governing board of a public junior college district may
allow a person who resides outside the district and in the taxing
district of a contiguous public junior college district to pay
tuition and fees at the rate applicable to a student who resides
in the district.
(c) The governing board of a public junior college district may
allow a person who resides outside the district to pay tuition
and fees at a rate less than the rate applicable to other persons
residing outside the district, but not less than the rate
applicable to a student who resides in the district, if the
person:
(1) resides within the service area of the district;
(2) does not reside in an independent school district that meets
the criteria of the coordinating board for the establishment of a
junior college district under Section 130.013; and
(3) demonstrates financial need in accordance with rules adopted
by the Texas Higher Education Coordinating Board.
(d) The governing board of a junior college district shall
establish the rate of tuition and fees charged to a student who
resides outside the district by considering factors such as:
(1) the sufficiency of the rate to promote taxpayer equity by
encouraging areas benefiting from the educational services of the
district to participate in financing the education of students
from that area;
(2) the extent to which the rate will ensure that the cost to
the district of providing educational services to a student who
resides outside the district is not financed disproportionately
by the taxpayers residing within the district; and
(3) the rate that would generate tuition and fees equal to the
total amount of tuition and fees charged to a similarly situated
student who resides in the district plus an amount per credit
hour determined by dividing the total amount of ad valorem taxes
imposed by the district in the tax year preceding the year in
which the academic year begins by the total number of credit
hours for which the students who were residents of the district
enrolled in the district in the preceding academic year.
Added by Acts 1997, 75th Leg., ch. 1383, Sec. 2, eff. June 20,
1997.
Amended by:
Acts 2005, 79th Leg., Ch.
1100, Sec. 2, eff. June 18, 2005.
Sec. 130.0033. PILOT PROJECT: REDUCED TUITION FOR CERTAIN
COURSES. (a) The Texas Higher Education Coordinating Board
shall establish a pilot project to measure the impact of reducing
tuition for junior college courses offered at times of low
enrollment demand in order to promote greater access to higher
education and more efficient use of junior college facilities and
resources. The coordinating board shall select a reasonable
number of public junior colleges to participate in the pilot
project.
(b) The governing board of a public junior college selected to
participate in the pilot project may charge tuition for a course
or courses at a rate established by the governing board that is
less than the rate otherwise required by Section 54.051 or other
law if the governing board finds that the reduced tuition rate is
reasonably necessary to enable the junior college to make
efficient use of its facilities or faculty. The finding must be
stated in the order or resolution establishing the reduced
tuition rate.
(c) Charging tuition at a reduced rate under this section does
not affect the right of the public junior college to a
proportionate share of state appropriations under Section 130.003
for the contact hours attributable to students paying tuition at
the reduced rate.
(d) The governing board of each public junior college
participating in the pilot project shall prepare a report on the
effects of the reduced tuition on enrollment, facilities,
scheduling, and costs and shall deliver a copy of the report to
the coordinating board not later than October 30, 2002.
(e) The coordinating board shall prepare a report compiling the
results of the pilot project at the public junior colleges
participating in the pilot project and shall submit a copy of the
report not later than December 15, 2002, to the governor, the
lieutenant governor, the speaker of the house of representatives,
and the chair of the standing committee of each house of the
legislature with primary jurisdiction over higher education.
Added by Acts 2001, 77th Leg., ch. 318, Sec. 1, eff. Sept. 1,
2001.
Sec. 130.0034. TUITION FOR REPEATED COURSES. (a) The governing
board of a public junior college district may charge a student a
higher rate of tuition than the tuition that would otherwise be
charged for a course in which the student enrolls if:
(1) the student has previously enrolled in the same course or a
course of substantially the same content and level two or more
times; and
(2) the student's enrollment in the course is not included in
the contact hours used to determine the junior college's
proportionate share of state appropriations under Section
130.003.
(b) This section does not apply to a non-degree-credit
developmental course.
(c) The total amount of tuition charged to the student under
this section for the repeated course may not exceed the full cost
of instruction for the course with respect to the student.
Added by Acts 2005, 79th Leg., Ch.
1220, Sec. 1, eff. June 18, 2005.
Sec. 130.0035. PERFORMANCE REPORTS. (a) As soon as practicable
after the end of each academic year, a junior college district
shall prepare an annual performance report for that academic
year. The report shall be prepared in a form that would enable
any interested person, including a prospective student, to
understand the information in the report and to compare the
information to similar information for other junior college
districts. A junior college district shall make the report
available to any person on request.
(b) The report must include the following information for the
junior college district for the academic year covered by the
report:
(1) the rate at which students completed courses attempted;
(2) the number and types of degrees and certificates awarded;
(3) the percentage of graduates who passed licensing exams
related to the degree or certificate awarded, to the extent the
information can be determined;
(4) the number of students or graduates who transfer to or are
admitted to a public university;
(5) the passing rates for students required to be tested under
Section 51.306;
(6) the percentage of students enrolled who are academically
disadvantaged;
(7) the percentage of students enrolled who are economically
disadvantaged;
(8) the racial and ethnic composition of the district's student
body; and
(9) the percentage of student contact hours taught by full-time
faculty.
(c) The Legislative Budget Board shall be responsible for
recommending standards for reports under this section, in
consultation with junior college districts, the Texas Higher
Education Coordinating Board, and the governor's office of budget
and planning.
(d) Expired.
Added by Acts 1997, 75th Leg., ch. 978, Sec. 1, eff. Sept. 1,
1997. Amended by Acts 2003, 78th Leg., ch. 785, Sec. 60, eff.
Sept. 1, 2003.
Sec. 130.0036. REPORT ON STUDENT ENROLLMENT STATUS. (a) In the
form and manner and at the times required by the Texas Higher
Education Coordinating Board, a junior college district shall
report to the coordinating board on the enrollment status of
students of the junior college district. The report must include
information on:
(1) students seeking a degree;
(2) students seeking a certificate;
(3) students enrolled in workforce continuing education courses;
(4) students enrolled in college credit courses who are not
seeking a degree or certificate;
(5) students enrolled in courses for credit to transfer to
another institution;
(6) students enrolled in developmental education courses by
course level; and
(7) enrollment in other categories as specified by the
coordinating board.
(b) In administering this section, the coordinating board shall
attempt to avoid duplicating other reporting requirements
applicable to junior college districts. The coordinating board
shall consult with the governing boards of the state's junior
college districts in determining the form, manner, and times of
reports under this section.
Added by Acts 1999, 76th Leg., ch. 1320, Sec. 1, eff. Aug. 30,
1999.
Sec. 130.004. AUTHORIZED TYPES OF PUBLIC JUNIOR COLLEGES. (a)
By complying with the provisions of the appropriate following
sections of this chapter a public junior college and/or district
of any one of the following classifications may be established:
(1) an independent school district junior college;
(2) a city junior college;
(3) a union junior college;
(4) a county junior college;
(5) a joint-county junior college; and
(6) a public junior college as a part or division of a regional
college district.
(b) As used in this chapter, the two general authorized types of
junior colleges are:
(1) public junior colleges, which must consist of freshman and
sophomore college work taught separately or in conjunction with
the junior and senior years of high school and the course of
study of such work must be submitted to and approved before being
offered by the Coordinating Board, Texas College and University
System; and
(2) a junior college division of a regional college, as that
type of institution is defined in Subchapter F of this chapter,
which operates under the laws applicable to public junior
colleges in Texas.
(c) All junior college districts, whether established,
organized, and/or created, or attempted to be established,
organized, and/or created, by vote of the people residing in
those districts, or by action of the county school boards, or by
action of the county judge, or by action of the commissioners
courts, or by action of state educational officers or agencies,
or by a combination of any two or more of the same, which
districts have previously been recognized by either state or
county authorities as junior college districts, are hereby
validated in all respects as though they had been duly and
legally established in the first instance. Without in any way
limiting the generalization of the provisions above,
(1) all additions of territory to or detachments of territory
from such junior college districts are hereby in all things
validated, whether the same were accomplished or attempted to be
accomplished by action of the county school boards, or by action
of the county judge, or by action of the commissioners court, or
by action of state educational officers or agencies, or by vote
of the people residing in such territory, or by a combination of
any two or more of the same;
(2) the boundary lines of all such junior college districts are
hereby in all things validated; and
(3) all acts of the governing boards of such junior college
districts ordering an election or elections, declaring the
results of such elections, levying, attempting, or purporting to
levy taxes for and on behalf of such districts, and all bonds
issued and now outstanding, and all bonds previously voted but
not issued, and all tax elections, bond elections, and bond
assumption elections are hereby in all things validated; all
revenue bonds issued and outstanding and all revenue bonds
authorized but not yet issued for and on behalf of such districts
are hereby in all things validated.
(d) Subsection (c) of this section shall not apply to any
district which has previously been declared invalid by a court of
competent jurisdiction of Texas, nor shall it apply to any
district which is now involved in litigation in any district
court of Texas, the court of civil appeals, or the Supreme Court
of Texas, in which litigation the validity of the organization or
creation of such district or of the addition of territory to or
detachment of territory from such districts is attacked, or to
any district involved in proceedings now pending before the
coordinating board in which proceedings the validity of the
organization or creation of such district or of the addition of
territory to or detachment of territory from such district is
attacked.
(e) The establishment of any new public junior college campus
within an existing junior college district or the establishment
of any new junior college district shall be approved by the
Legislative Budget Board if the establishment occurs during a
time when the legislature is not in session. The legislature
shall approve the establishment of any new public junior college
campus within an existing junior college district or the
establishment of any new junior college district if proposed
during or within three months prior to a legislative session.
Acts 1969, 61st Leg., p. 2994, ch. 889, Sec. 1. Renumbered from
Education Code Sec. 51.004 by Acts 1971, 62nd Leg., p. 3281, ch.
1024, art. 1, Sec. 1, eff. Sept. 1, 1971. Amended by Acts 1995,
74th Leg., ch. 971, Sec. 2, eff. Sept. 1, 1995.
Sec. 130.005. CHANGE OF NAME TO COMMUNITY COLLEGE DISTRICT. (a)
The legislature hereby declares that the purpose of this section
is to recognize that junior colleges are in fact comprehensive
community colleges which serve their communities not only through
university-parallel programs but also by means of occupational
programs and other programs of community interest and need.
(b) The board of trustees of any junior college district may by
resolution duly adopted change the name of such district by
substituting the word "community" for the word "junior" in such
name. A copy of such resolution duly certified by the secretary
of the board of trustees shall be filed with the Coordinating
Board, Texas College and University System. Such change in name
shall become effective upon the filing of such resolution with
the said coordinating board. Thereafter all references to such
district in all official actions, communications and records
shall be by use of such new name.
Added by Acts 1971, 62nd Leg., p. 3344, ch. 1024, art. 2, Sec.
13, eff. Sept. 1, 1971. Amended by Acts 1973, 63rd Leg., p. 144,
ch. 75, Sec. 1, eff. May 7, 1973.
Sec. 130.0051. OTHER CHANGE OF NAME BY JUNIOR COLLEGE DISTRICT.
(a) The board of trustees of a junior college district by
resolution may change the name of the district or a college
within the district by eliminating the words "community" or
"junior" from the name of the district or college, unless the
change would cause the district or college to have the same or
substantially the same name as an existing district, college, or
other public or private institution of higher education in this
state.
(b) The board of trustees shall file with the Texas Higher
Education Coordinating Board a copy of a resolution adopted under
Subsection (a) that is certified by the secretary of the board of
trustees. The name change is effective on the date the resolution
is filed with the coordinating board. After a name change is
filed, the college or district shall use the new name in all
official actions, communications, or records.
Added by Acts 1997, 75th Leg., ch. 570, Sec. 1, eff. Sept. 1,
1997.
Sec. 130.006. COURSE HELD OUTSIDE DISTRICT. (a) The trustees
of an independent school district located in a county contiguous
to, but not a part of, a community college district and the
governing board of the community college district may enter into
a contract providing for the community college to hold college
courses in the school district's facilities.
(b) The contract must be approved by resolution of the governing
boards of the community college district and the school district.
(c) For purposes of state funding, a course held in the school
district facilities is considered to be a course held in the
community college district if the course:
(1) has been approved by a regional higher education council
recognized by rule of the coordinating board and in which the
district has been designated a member by the coordinating board;
and
(2) is approved by the coordinating board as an out-of-district
course for the community college district.
(d) Any statutory or regulatory requirement of local support of
a community college program is satisfied by the school district
providing its facilities without charge to the community college
if the total community college enrollment in the school district
does not exceed 1,000 full-time students, or the equivalent.
(e) Either party may terminate a contract under this section by
giving the other party at least one year's written notice.
Added by Acts 1983, 68th Leg., p. 1692, ch. 318, Sec. 1, eff.
Aug. 29, 1983.
Sec. 130.007. ENDOWMENT FUND. (a) The board of trustees of a
public junior college may establish an endowment fund outside the
state treasury in a depository selected by the board of trustees.
(b) The board of trustees may deposit local funds collected by
the board to the credit of the endowment fund.
(c) The board of trustees may accept gifts and grants from any
public or private source for the endowment fund.
(d) The endowment fund consists of local funds deposited to the
credit of the endowment fund, gifts, grants, and income from
investing the endowment fund.
(e) The board of trustees may invest the endowment fund in
securities, bonds, and other investments that the board considers
prudent. In making investments under this section, the board
shall exercise the judgment and care under the circumstances then
prevailing that a person of ordinary prudence, discretion, and
intelligence exercises in the management of the person's own
affairs.
(f) The board may not spend any money deposited in the endowment
fund as local funds, gifts, or grants but may spend any income
from investing the endowment fund for the operation or
maintenance of the junior college.
Added by Acts 1993, 73rd Leg., ch. 391, Sec. 1, eff. June 2,
1993.
Sec. 130.008. COURSES FOR JOINT HIGH SCHOOL AND JUNIOR COLLEGE
CREDIT. (a) Under an agreement with a school district or, in
the case of a private high school, with the organization or other
person that operates the high school, a public junior college may
offer a course in which a student attending a high school
operated in this state by the school district, organization, or
other person may enroll and for which the student may
simultaneously receive both:
(1) course credit toward the student's high school academic
requirements; and
(2) course credit as a student of the junior college, if the
student has been admitted to the junior college or becomes
eligible to enroll in and is subsequently admitted to the junior
college.
(b) The junior college may waive all or part of the tuition and
fees for a high school student enrolled in a course for which the
student may receive joint credit under this section.
(c) The contact hours attributable to the enrollment of a high
school student in a course offered for joint high school and
junior college credit under this section shall be included in the
contact hours used to determine the junior college's
proportionate share of the state money appropriated and
distributed to public junior colleges under Sections 130.003 and
130.0031, even if the junior college waives all or part of the
tuition or fees for the student under Subsection (b).
(d) Except as provided by Subsection (d-1), a public junior
college may enter into an agreement with a school district,
organization, or other person that operates a high school to
offer a course as provided by this section regardless of whether
the high school is located within the service area of the junior
college district.
(d-1) A public junior college may enter into an agreement
described by Subsection (d) with respect to a high school located
within the service area of another junior college district only
if the other junior college district is unable to provide the
requested course to the satisfaction of the school district.
(e) In admitting or enrolling high school students in a course
offered for joint high school and junior college credit under
Subsection (a), a public junior college must apply the same
criteria and conditions to each student wishing to enroll in the
course without regard to whether the student attends a public
school or a private or parochial school, including a home school.
For purposes of this section, a student who attends a school that
is not formally organized as a high school and is at least 16
years of age is considered to be attending a high school.
Added by Acts 1995, 74th Leg., ch. 195, Sec. 1, eff. May 23,
1995. Amended by Acts 1999, 76th Leg., ch. 297, Sec. 1, eff.
Sept. 1, 1999; Acts 2001, 77th Leg., ch. 908, Sec. 1, eff. Aug.
27, 2001; Acts 2003, 78th Leg., ch. 220, Sec. 1, eff. Sept. 1,
2003; Acts 2003, 78th Leg., ch. 1070, Sec. 1, eff. June 20, 2003.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
453, Sec. 1, eff. June 19, 2009.
Sec. 130.0081. AGREEMENT WITH JUNIOR COLLEGE DISTRICT. (a) A
junior college district may enter into an agreement with any
person, including an employer, political subdivision, or other
entity, to provide educational services. The agreement must
provide for the entity to cover at least any cost to the district
of providing the services that exceeds the amount of tuition and
fees that would be charged to a student who resides in the
district and is enrolled in a substantially similar course.
(b) Students who are enrolled in a course under the agreement
are entitled to pay tuition and fees at the rate applicable to a
student who resides in the district.
Added by Acts 2005, 79th Leg., Ch.
1100, Sec. 3, eff. June 18, 2005.
Sec. 130.009. UNIFORM DATES FOR ADDING OR DROPPING COURSE. (a)
The Texas Higher Education Coordinating Board by rule shall
establish uniform final dates, counted from the first class day
of an academic semester or term, for adding or dropping a course
conducted by a public junior college. The uniform dates apply to
each public junior college in this state.
(b) A student may not enroll in a course after a uniform final
date for adding a course established under this section. A
student is not entitled to a refund of any tuition or fees for a
course that the student drops after a uniform final date for
dropping a course established under this section.
(c) The rules may provide for different dates for academic
semesters or terms of different durations.
(d) Expired.
Added by Acts 1995, 74th Leg., ch. 459, Sec. 1, eff. June 9,
1995. Renumbered from Education Code Sec. 130.008 by Acts 1997,
75th Leg., ch. 165, Sec. 31.01(26), eff. Sept. 1, 1997.
Sec. 130.010. PURCHASING CONTRACTS. (a) The provisions of
Subchapter B, Chapter 44, relating to the purchase of goods and
services under contract by a school district apply to the
purchase of goods and services under contract by a junior college
district.
(b) To the extent of any conflict, the provisions of Subchapter
B, Chapter 44, prevail over any other law relating to the
purchase of goods and services by a junior college district.
Added by Acts 1999, 76th Leg., ch. 1383, Sec. 1, eff. June 19,
1999.
Sec. 130.0101. ACQUISITION OF LIBRARY MATERIALS. (a) In this
section, "library goods and services" means:
(1) serial and journal subscriptions, including electronic
databases, digital content, and information products;
(2) other library materials and resources, including books,
e-books, and media not available under a statewide contract and
papers;
(3) library services, including periodical jobber and binding
services not available under a statewide contract;
(4) equipment and supplies specific to the storage and access of
library content; and
(5) library or resource-sharing programs operated by the Texas
State Library and Archives Commission.
(b) Notwithstanding any other law governing purchasing by a
junior college district, including Section 130.010 or Subchapter
B, Chapter 44, a junior college district may purchase, license,
or otherwise acquire library goods and services in any manner
authorized by law for the purchase, license, or acquisition of
library goods and services by a public senior college or
university, as defined by Section 61.003.
Added by Acts 1999, 76th Leg., ch. 1549, Sec. 1, eff. June 19,
1999. Renumbered from Education Code Sec. 130.010 by Acts 2001,
77th Leg., ch. 1420, Sec. 21.001(26), eff. Sept. 1, 2001.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
336, Sec. 2, eff. June 19, 2009.
Sec. 130.0102. MEXICAN AMERICAN STUDIES PROGRAM OR COURSE WORK.
The governing board of a public junior college district located
in one or more counties with a substantial and growing Mexican
American population shall evaluate the demand for and feasibility
of establishing a Mexican American studies program or other
course work in Mexican American studies at one or more junior
colleges in the district. With approval of the Texas Higher
Education Coordinating Board, the governing board may establish a
Mexican American studies program or other course work in Mexican
American studies at any of those colleges if the governing board
determines that such a program or course work is desirable and
feasible.
Added by Acts 2003, 78th Leg., ch. 820, Sec. 51, eff. Sept. 1,
2003.
Sec. 130.0103. DUAL USAGE EDUCATIONAL COMPLEX. (a) The board
of trustees of a junior college district may establish and
operate a dual usage educational complex to provide a shared
facility for the educational activities of the district and other
participating entities. The board of trustees may enter into a
cooperative agreement governing the operation and use of the
complex with the governing bodies of one or more of the following
entities:
(1) a county, municipality, or school district located in whole
or in part in the service area of the junior college district; or
(2) another institution of higher education with a campus or
other educational facility located in the same state uniform
service region as adopted by the coordinating board.
(b) The junior college district shall coordinate and supervise
the operation of the complex. The use and the costs associated
with the establishment and operation of the complex shall be
shared by the district and the other participating entities under
the terms of the cooperative agreement.
Added by Acts 2005, 79th Leg., Ch.
968, Sec. 1, eff. June 18, 2005.
SUBCHAPTER B. INDEPENDENT SCHOOL DISTRICT OR CITY JUNIOR COLLEGE
Sec. 130.011. ESTABLISHMENT OF INDEPENDENT SCHOOL DISTRICT OR
CITY JUNIOR COLLEGE. (a) An independent school district junior
college may be established by any independent school district or
city which has assumed control of its schools meeting the
requirements set out in Section 130.032 of this code and subject
to the findings of the coordinating board under Section 130.013.
(b) Any such college district established and maintained as
provided in this chapter shall be known as a junior college
district.
Acts 1969, 61st Leg., p. 2996, ch. 889, Sec. 1. Renumbered from
Education Code Sec. 51.011 by Acts 1971, 62nd Leg., p. 3283, ch.
1024, art. 1, Sec. 1, eff. Sept. 1, 1971. Amended by Acts 1985,
69th Leg., ch. 302, Sec. 1, eff. June 7, 1985.
Sec. 130.012. PETITION TO ESTABLISH. (a) Whenever it is
proposed to establish a junior college district in any type of
unit authorized by Section 130.011 of this code, a petition
praying for an election, signed by not less than 10 percent of
the qualified electors of the proposed district shall be
presented to the school board of trustees of the district or
city, which shall:
(1) pass upon the legality and genuineness of the petition; and
(2) forward the petition, if approved, to the coordinating
board.
(b) Any petition authorized by this section shall also
incorporate a request for the proper authorities, in the event an
election is ordered for the creation of such district, to submit
at the same election the questions of issuing bonds and levying
bond taxes, and levying maintenance taxes, in the event the
district is created, not to exceed the limits provided in Section
130.122 of this code.
Acts 1969, 61st Leg., p. 2996, ch. 889, Sec. 1. Renumbered from
Education Code Sec. 51.012 by Acts 1971, 62nd Leg., p. 3283, ch.
1024, art. 1, Sec. 1, eff. Sept. 1, 1971. Amended by Acts 1985,
69th Leg., ch. 302, Sec. 1, eff. June 7, 1985.
Sec. 130.013. ORDER TO ESTABLISH. It shall be the duty of the
coordinating board with the advice of the commissioner of higher
education to determine whether or not the conditions set forth in
Sections 130.012 and 130.032 of this code have been complied
with, and also whether, considering the geographic location of
colleges already established, it is feasible and desirable to
establish the proposed junior college district. In the exercise
of this authority the board shall develop and publish criteria to
be used as a basis for determining the need for a public junior
college in the proposed district. The board shall determine
whether programs in a proposed institution would create
unnecessary duplication or seriously harm programs in existing
community college districts. It shall be the duty of the
coordinating board to consider the needs and the welfare of the
state as a whole, as well as the welfare of the community
involved. The decision of the coordinating board shall be final
and shall be transmitted through the commissioner of higher
education to the local school board, along with the order of the
coordinating board authorizing further procedure in the
establishment of the junior college district, if the coordinating
board endorses its establishment.
Acts 1969, 61st Leg., p. 2996, ch. 889, Sec. 1. Renumbered from
Education Code Sec. 51.013 by Acts 1971, 62nd Leg., p. 3283, ch.
1024, art. 1, Sec. 1, eff. Sept. 1, 1971. Amended by Acts 1985,
69th Leg., ch. 302, Sec. 1, eff. June 7, 1985.
Sec. 130.014. ELECTION. (a) If the coordinating board approves
of the establishment of the junior college district, it shall
then be the duty of the local school board to enter an order for
an election to be held in the proposed territory at the next
authorized election date as provided in Article 2.01b of the
Election Code, to determine whether or not such junior college
district shall be created and formed and to submit the questions
of issuing bonds and levying bond taxes, and levying maintenance
taxes, in the event the district is created. Such order shall:
(1) contain a description of the metes and bounds of the junior
college district to be formed; and
(2) fix the date for the election.
(b) If a majority of the electors voting at the election shall
be in favor of the creation of a junior college district, the
district shall be deemed to be formed and created. The local
school board shall make a canvass of the returns and declare the
result of the election within 10 days after holding the election,
and enter an order on the minutes of the board as to the result
of the election.
Acts 1969, 61st Leg., p. 2997, ch. 889, Sec. 1. Renumbered from
Education Code Sec. 51.014 by Acts 1971, 62nd Leg., p. 3284, ch.
1024, art. 1, Sec. 1, eff. Sept. 1, 1971. Amended by Acts 1985,
69th Leg., ch. 302, Sec. 1, eff. June 7, 1985.
Sec. 130.015. CONTROL OF INDEPENDENT SCHOOL DISTRICT OR CITY
JUNIOR COLLEGE. A junior college established by an independent
school district or city that has assumed control of schools
already validated or established pursuant to the provisions of
this chapter may be governed, administered, and controlled by and
under the direction of the board of trustees of that independent
or city school district.
Acts 1969, 61st Leg., p. 2997, ch. 889, Sec. 1. Renumbered from
Education Code Sec. 51.015 by Acts 1971, 62nd Leg., p. 3284, ch.
1024, art. 1, Sec. 1, eff. Sept. 1, 1971.
Sec. 130.016. SEPARATE BOARD OF TRUSTEES IN CERTAIN INSTANCES.
(a) A junior college established by an independent school
district or city that has assumed control of schools already
validated or established pursuant to the provisions of this
chapter may be governed, administered, and controlled by and
under the direction of a separate board of trustees, which may be
placed in authority by either of the following procedures:
(1) the board of trustees of an independent school district or
city school district which has the management, control, and
operation of a junior college may divest itself of the
management, control, and operation of that junior college so
maintained and operated by the school board by appointing for the
junior college district a separate board of trustees of nine
members; or
(2) the board of trustees of any independent school district or
city school district which has the control and management of a
junior college may be divested of its control and management of
that junior college by the procedure prescribed in Section
130.017 of this code.
(b) If the board of trustees of an independent school district
that divests itself of the management, control, and operation of
a junior college district under this section or under Section
130.017 of this code was authorized by Subsection (e) of Section
20.48 of this code to dedicate a portion of its tax levy to the
junior college district before the divestment, the junior college
district may levy an ad valorem tax from and after the
divestment. In the first two years in which the junior college
district levies an ad valorem tax, the tax rate adopted by the
governing body may not exceed the rate that, if applied to the
total taxable value submitted to the governing body under Section
26.04, Tax Code, would impose an amount equal to the amount of
taxes of the school district dedicated to the junior college
under Subsection (e) of Section 20.48 of this code in the last
dedication before the divestment. In subsequent years, the tax
rate of the junior college district is subject to Section 26.07,
Tax Code.
Acts 1969, 61st Leg., p. 2997, ch. 889, Sec. 1. Renumbered from
Education Code Sec. 51.016 by Acts 1971, 62nd Leg., p. 3284, ch.
1024, art. 1, Sec. 1, eff. Sept. 1, 1971. Amended by Acts 1987,
70th Leg., ch. 556, Sec. 2, eff. Sept. 1, 1987.
Sec. 130.017. PETITION AND ELECTION TO DIVEST SCHOOL BOARD OF
AUTHORITY. (a) On a petition signed by 10 percent of the
qualified electors of the independent school district or city
school district, the board of trustees within 30 days shall call
an election after the petition has been duly presented on the
proposition of whether the school board of trustees shall be
divested of its authority as governing board of such junior
college district.
(b) At the election called under Subsection (a) of this section,
the board of trustees shall also include a separate proposition
on whether the junior college district may levy ad valorem taxes.
(c) The board of trustees shall, within 30 days after the
official canvass of the election, appoint for the junior college
district a separate board of trustees as provided by this code to
serve as the governing board of the junior college district if
the majority of the votes in the election under this section are
cast in favor of both propositions. If a majority of the votes in
the election are cast against either proposition, the board may
not divest its authority as the governing board of the junior
college district unless both propositions are approved at a
subsequent election. A subsequent election on the propositions
may not be held before the first anniversary of the election
date.
(d) The separate governing board of the junior college district
may levy and collect taxes in accordance with Subchapter G of
this chapter at the approved rate without an additional election.
Acts 1969, 61st Leg., p. 2997, ch. 889, Sec. 1. Renumbered from
Education Code Sec. 51.017 by Acts 1971, 62nd Leg., p. 3284, ch.
1024, art. 1, Sec. 1, eff. Sept. 1, 1971. Amended by Acts 1987,
70th Leg., ch. 284, Sec. 1, eff. Sept. 1, 1987.
Sec. 130.018. SEPARATE BOARD OF TRUSTEES--TERMS, ETC. In the
event a separate board of trustees for the junior college
district is appointed under either procedure set out in Section
130.016 or Section 130.017 of this code, the board of trustees,
consisting of nine members, shall be organized and constituted
pursuant to the provisions of Section 130.082 of this code, and
be governed by the provisions thereof.
Acts 1969, 61st Leg., p. 2998, ch. 889, Sec. 1. Renumbered from
Education Code Sec. 51.018 by Acts 1971, 62nd Leg., p. 3285, ch.
1024, art. 1, Sec. 1, eff. Sept. 1, 1971.
Sec. 130.019. SEPARATE BOARD OF TRUSTEES; AD VALOREM TAXES. A
board of trustees of an independent school district or city
school district that has the management, control, and operation
of a junior college district may not divest itself of that
management, control, and operation of the junior college district
under Section 130.016 of this code or have the management,
control, and operation of the junior college district divested
under Section 130.017 of this code, unless the junior college
district has the authority to levy ad valorem taxes for the
maintenance of the junior college district or acquires that
authority at an election held under Section 130.017.
Added by Acts 1987, 70th Leg., ch. 284, Sec. 2, eff. Sept. 1,
1987.
SUBCHAPTER C. UNION, COUNTY, OR JOINT-COUNTY JUNIOR COLLEGES
Sec. 130.031. ESTABLISHMENT OF UNION, COUNTY, OR JOINT-COUNTY
JUNIOR COLLEGE. The following types of junior colleges may be
established in the following units:
(1) a union junior college district may be established by two or
more contiguous independent school districts or two or more
contiguous common school districts or a combination composed of
one or more independent school districts with one or more common
school districts of contiguous territory meeting the requirements
set out in Section 130.032 of this code;
(2) a county junior college district may be established by any
county meeting the requirements set out in Section 130.032 of
this code; and
(3) a joint-county junior college district may be established by
any combination of contiguous counties in the state meeting the
requirements set out in Section 130.032 of this code.
Acts 1969, 61st Leg., p. 2998, ch. 889, Sec. 1. Renumbered from
Education Code Sec. 51.031 by Acts 1971, 62nd Leg., p. 3285, ch.
1024, art. 1, Sec. 1, eff. Sept. 1, 1971.
Sec. 130.0312. VALIDATION OF CERTAIN ACTS AND PROCEEDINGS. (a)
All governmental acts and proceedings of South Texas Community
College not excepted from the application of this section by
another provision of this section that were taken before March 1,
1997, are validated as of the dates on which they occurred.
(b) This section does not validate any governmental act or
proceeding that, under the statutes of this state in effect at
the time the act or proceeding occurred, constituted an offense
punishable as a misdemeanor or a felony.
(c) The acts and proceedings relating to the confirmation
proceedings of South Texas Community College are validated as of
the date of the confirmation or a good faith attempt at
confirmation. The confirmation of South Texas Community College
under Section 130.0311 may not be held invalid by the fact of any
procedural defects in the election proceedings or confirmation
proceedings required under Section 130.0311.
(d) All governmental acts and proceedings of the board of
trustees of South Texas Community College or of an officer or
employee of the college during the transfer of the property or
obligations from the McAllen extension center of the Texas State
Technical College System to South Texas Community College and
each act or proceeding taken or conducted since the confirmation
of South Texas Community College are validated as of the dates on
which they occurred.
(e) This section does not apply to any matter that on the
effective date of this section:
(1) is involved in litigation if the litigation ultimately
results in the matter being held invalid by a final judgment of a
court of competent jurisdiction; or
(2) has been held invalid by a final judgment of a court of
competent jurisdiction.
Added by Acts 1997, 75th Leg., ch. 247, Sec. 1, eff. May 23,
1997.
Sec. 130.032. RESTRICTIONS. In order for any territorial unit
set out in Sections 130.011 and 130.031 of this code to establish
the applicable type of junior college, the proposed district must
have a taxable property valuation of not less than $2.5 billion
in the next preceding year and a total scholastic population of
not less than 15,000 in the next preceding school year.
Acts 1969, 61st Leg., p. 2998, ch. 889, Sec. 1. Renumbered from
Education Code Sec. 51.032 by Acts 1971, 62nd Leg., p. 3285, ch.
1024, art. 1, Sec. 1, eff. Sept. 1, 1971. Amended by Acts 1985,
69th Leg., ch. 302, Sec. 2, eff. June 7, 1985.
Sec. 130.033. PETITION TO ESTABLISH. (a) Whenever it is
proposed to establish a junior college of any type specified in
Section 130.031 of this code a petition praying for an election
therefor shall be presented in the applicable manner as
prescribed in Subsections (b)-(d) of this section.
(b) In the case of a union junior college district, the petition
shall be signed by not fewer than 10 percent of the registered
voters of each of the school districts within the territory of
the proposed junior college district and shall be presented to
the county school board or county school boards of the respective
counties if the territory encompasses more than one county; but
if there is no county school board, the petition shall be
presented to the commissioners court of the county or counties
involved.
(c) In the case of a county junior college district, the
petition shall be signed by not fewer than 10 percent of the
registered voters of the proposed college district and shall be
presented to the county school board of the county; but if there
is no county school board, the petition shall be presented to the
commissioners court of the county.
(d) In case of a joint-county junior college district, the
petition shall be signed by not fewer than 10 percent of the
registered voters of each of the proposed counties and shall be
presented to the respective county school boards of the counties
to be included in the proposed district; in case there is no
county school board, the petition shall be presented to the
commissioners court of the county or counties involved.
Acts 1969, 61st Leg., p. 2999, ch. 889, Sec. 1. Renumbered from
Education Code Sec. 51.033 by Acts 1971, 62nd Leg., p. 3286, ch.
1024, art. 1, Sec. 1, eff. Sept. 1, 1971. Amended by Acts 1993,
73rd Leg., ch. 728, Sec. 87, eff. Sept. 1, 1993.
Sec. 130.034. TAX LEVY. Any petition authorized by Sections
130.011 and 130.033