CHAPTER 130. JUNIOR COLLEGE DISTRICTS

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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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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

State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

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