US Laws, Codes, Statutes & Cases

EDUCATION CODE

SUBTITLE G. NON-BACCALAUREATE SYSTEM

CHAPTER 130. JUNIOR COLLEGE DISTRICTS

SUBCHAPTER A. GENERAL PROVISIONS


	§ 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, § 1.  Renumbered from 
V.T.C.A., Education Code § 51.001 by Acts 1971, 62nd Leg., p. 
3280, ch. 1024, art. 1, § 1, eff. Sept. 1, 1971.


	§ 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, § 2.01, eff. June 20, 
1987.      


	§ 130.0012. PILOT PROJECT:  BACCALAUREATE DEGREE 
PROGRAMS.                

Text of section effective until January 1, 2020
	(a)  The Texas Higher Education Coordinating Board shall 
establish a pilot project to examine the feasibility and 
effectiveness of authorizing public junior colleges to offer 
baccalaureate degree programs in the fields of applied science and 
applied technology.  Participation in the pilot project does not 
otherwise alter the role and mission of a public junior college.
	(b)  The coordinating board shall operate the pilot project 
at three public junior colleges, as determined by the coordinating 
board.
	(c)  A public junior college participating in the pilot 
project must meet all applicable accreditation requirements of the 
Commission on Colleges of the Southern Association of Colleges and 
Schools.
	(d)  A public junior college participating in the pilot 
project may not offer more than five baccalaureate degree programs 
under the project at any time.  The degree programs are subject to 
the continuing approval of the coordinating board.  In determining 
what baccalaureate degree programs are to be offered, the junior 
college and 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.
	(e)  Each public junior college that offers a baccalaureate 
degree program under the pilot project 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.
	(f)  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 the pilot project 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 the pilot 
project 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 the pilot project.
	(g)  Each public junior college participating in the pilot 
project shall prepare a biennial report on the operation and 
effectiveness of the junior college's baccalaureate degree 
programs offered under the project and shall deliver a copy of the 
report to the coordinating board in the form and at the time 
determined by the coordinating board.
	(h)  Not later than January 1, 2009, the coordinating board 
shall prepare a progress report on the pilot project.  Not later 
than January 1, 2011, the coordinating board shall prepare a report 
on the effectiveness of the pilot project, including any 
recommendations for legislative action regarding the offering of 
baccalaureate degree programs by public junior colleges.  The 
coordinating board shall deliver a copy of each report 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.
	(i)  Unless the authority to continue offering the 
baccalaureate degree programs is continued by the legislature, a 
public junior college may not:
		(1)  enroll a new student in a baccalaureate degree 
program under the pilot project after the 2011 fall semester;
		(2)  offer junior-level or senior-level courses for 
those degree programs after the 2015 fall semester, unless the 
coordinating board authorizes the college to offer those courses;  
or
		(3)  award a baccalaureate degree under the pilot 
project after the 2015 fall semester, unless the coordinating board 
approves the awarding of the degree.
	(j)  The coordinating board shall prescribe procedures to 
ensure that each public junior college that offers a degree program 
under the pilot project informs each student who enrolls in the 
degree program of:
		(1)  the nature of the pilot project, including the 
limited duration of the project;  and
		(2)  the articulation agreement entered into under 
Subsection (e) for the student's degree program.
	(k)  This section expires January 1, 2020.                                     

Added by Acts 2003, 78th Leg., ch. 820, § 50, eff. Sept. 1, 2003;  
Acts 2003, 78th Leg., ch. 1201, § 4, eff. Sept. 1, 2003.


	§ 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, § 1.  Renumbered from 
V.T.C.A., Education Code § 51.002 by Acts 1971, 62nd Leg., p. 
3281, ch. 1024, art. 1, § 1, eff. Sept. 1, 1971.


	§ 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, § 5, eff. May 29, 1999.            


	§ 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, § 1.  Renumbered from 
V.T.C.A., Education Code § 51.003 by Acts 1971, 62nd Leg., p. 
3281, ch. 1024, art. 1, § 1, eff. Sept. 1, 1971.  Amended by Acts 
1971, 62nd Leg., p. 3355, ch. 1024, art. 2, § 30, eff. Sept. 1, 
1971;  Acts 1973, 63rd Leg., p. 87, ch. 51, § 7, eff. Aug. 27, 
1973;  Acts 1973, 63rd Leg., p. 1519, ch. 549, § 1, eff. June 15, 
1973;  Acts 1977, 65th Leg., p. 1379, ch. 550, § 1, eff. Aug. 29, 
1977;  Acts 1985, 69th Leg., ch. 705, § 1, eff. Sept. 1, 1985;  
Acts 1985, 69th Leg., ch. 708, § 16, eff. Aug. 26, 1985;  Acts 
1987, 70th Leg., ch. 823, § 3.04, eff. June 20, 1987;  Acts 1993, 
73rd Leg., ch. 262, § 1, eff. May 23, 1993;  Acts 1997, 75th Leg., 
ch. 1383, § 1, eff. June 20, 1997;  Acts 2005, 79th Leg., ch. 805, 
§ 1, eff. June 17, 2005.


	§ 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, § 3, eff. 
Sept. 1, 1984.


	§ 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, § 1, eff. June 18, 2005.          


	§ 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, § 2, eff. June 20, 1997.  
Amended by Acts 2005, 79th Leg., ch. 1100, § 2, eff. June 18, 
2005.


	§ 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, § 1, eff. Sept. 1, 2001.           


	§ 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, § 1, eff. June 18, 2005.          


	§ 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, § 1, eff. Sept. 1, 1997.  
Amended by Acts 2003, 78th Leg., ch. 785, § 60, eff. Sept. 1, 
2003.


	§ 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, § 1, eff. Aug. 30, 1999.          


	§ 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, § 1.  Renumbered from 
V.T.C.A., Education Code § 51.004 by Acts 1971, 62nd Leg., p. 
3281, ch. 1024, art. 1, § 1, eff. Sept. 1, 1971.  Amended by Acts 
1995, 74th Leg., ch. 971, § 2, eff. Sept. 1, 1995.


	§ 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, § 13, 
eff. Sept. 1, 1971.  Amended by Acts 1973, 63rd Leg., p. 144, ch. 75, 
§ 1, eff. May 7, 1973.


	§ 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, § 1, eff. Sept. 1, 1997.           


	§ 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, § 1, eff. Aug. 
29, 1983.


	§ 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, § 1, eff. June 2, 1993.            


	§ 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)  Repealed by Acts 2003, 78th Leg., ch. 220, § 1.                        
	(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, § 1, eff. May 23, 1995.  
Amended by Acts 1999, 76th Leg., ch. 297, § 1, eff. Sept. 1, 
1999;  Acts 2001, 77th Leg., ch. 908, § 1, eff. Aug. 27, 2001;  
Acts 2003, 78th Leg., ch. 220, § 1, eff. Sept. 1, 2003;  Acts 
2003, 78th Leg., ch. 1070, § 1, eff. June 20, 2003.


	§ 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, § 3, eff. June 18, 2005.          


	§ 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, § 1, eff. June 9, 1995.  
Renumbered from V.T.C.A., Education Code § 130.008 by Acts 1997, 
75th Leg., ch. 165, § 31.01(26), eff. Sept. 1, 1997.


	§ 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, § 1, eff. June 19, 1999.          


	§ 130.0101. ACQUISITION OF LIBRARY MATERIALS.  (a) In 
this section, "library goods and services" means:
		(1)  serial and journal subscriptions;                                        
		(2)  other library materials, including books;                                
		(3)  library services, including binding services;  and                       
		(4)  library equipment and supplies.                                          
	(b)  Notwithstanding any other law governing purchasing by a 
junior college district, a junior college district may acquire 
library goods and services in any manner authorized by law for the 
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, § 1, eff. June 19, 1999.  
Renumbered from V.T.C.A., Education Code § 130.010 by Acts 2001, 
77th Leg., ch. 1420, § 21.001(26), eff. Sept. 1, 2001.


	§ 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, § 51, eff. Sept. 1, 2003.          


	§ 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, § 1, eff. June 18, 2005.           

SUBCHAPTER B. INDEPENDENT SCHOOL DISTRICT OR CITY JUNIOR COLLEGE


	§ 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, § 1.  Renumbered from 
V.T.C.A., Education Code § 51.011 by Acts 1971, 62nd Leg., p. 
3283, ch. 1024, art. 1, § 1, eff. Sept. 1, 1971.  Amended by Acts 
1985, 69th Leg., ch. 302, § 1, eff. June 7, 1985.


	§ 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, § 1.  Renumbered from 
V.T.C.A., Education Code § 51.012 by Acts 1971, 62nd Leg., p. 
3283, ch. 1024, art. 1, § 1, eff. Sept. 1, 1971.  Amended by Acts 
1985, 69th Leg., ch. 302, § 1, eff. June 7, 1985.


	§ 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, § 1.  Renumbered from 
V.T.C.A., Education Code § 51.013 by Acts 1971, 62nd Leg., p. 
3283, ch. 1024, art. 1, § 1, eff. Sept. 1, 1971.  Amended by Acts 
1985, 69th Leg., ch. 302, § 1, eff. June 7, 1985.


	§ 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, § 1.  Renumbered from 
V.T.C.A., Education Code § 51.014 by Acts 1971, 62nd Leg., p. 
3284, ch. 1024, art. 1, § 1, eff. Sept. 1, 1971.  Amended by Acts 
1985, 69th Leg., ch. 302, § 1, eff. June 7, 1985.


	§ 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, § 1.  Renumbered from 
V.T.C.A. Education Code § 51.015 by Acts 1971, 62nd Leg., p. 
3284, ch. 1024, art. 1, § 1, eff. Sept. 1, 1971.


	§ 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, § 1.  Renumbered from 
V.T.C.A. Education Code § 51.016 by Acts 1971, 62nd Leg., p. 
3284, ch. 1024, art. 1, § 1, eff. Sept. 1, 1971.  Amended by Acts 
1987, 70th Leg., ch. 556, § 2, eff. Sept. 1, 1987.


	§ 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, § 1.  Renumbered from 
V.T.C.A., Education Code § 51.017 by Acts 1971, 62nd Leg., p. 
3284, ch. 1024, art. 1, § 1, eff. Sept. 1, 1971.  Amended by Acts 
1987, 70th Leg., ch. 284, § 1, eff. Sept. 1, 1987.


	§ 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, § 1.  Renumbered from 
V.T.C.A., Education Code § 51.018 by Acts 1971, 62nd Leg., p. 
3285, ch. 1024, art. 1, § 1, eff. Sept. 1, 1971.


	§ 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, § 2, eff. Sept. 1, 1987.           

SUBCHAPTER C. UNION, COUNTY, OR JOINT-COUNTY JUNIOR COLLEGES


	§ 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, § 1.  Renumbered from 
V.T.C.A., Education Code § 51.031 by Acts 1971, 62nd Leg., p. 
3285, ch. 1024, art. 1, § 1, eff. Sept. 1, 1971.


	§ 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, § 1, eff. May 23, 1997.            


	§ 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, § 1.  Renumbered from 
V.T.C.A., Education Code § 51.032 by Acts 1971, 62nd Leg., p. 
3285, ch. 1024, art. 1, § 1, eff. Sept. 1, 1971.  Amended by Acts 
1985, 69th Leg., ch. 302, § 2, eff. June 7, 1985.


	§ 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, § 1.  Renumbered from 
V.T.C.A., Education Code § 51.033 by Acts 1971, 62nd Leg., p. 
3286, ch. 1024, art. 1, § 1, eff. Sept. 1, 1971.  Amended by Acts 
1993, 73rd Leg., ch. 728, § 87, eff. Sept. 1, 1993.


	§ 130.034. TAX LEVY.  Any petition authorized by Sections 
130.011 and 130.033 of this code shall also incorporate therein 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. 2999, ch. 889, § 1.  Renumbered from 
V.T.C.A., Education Code § 51.034 by Acts 1971, 62nd Leg., p. 
3286, ch. 1024, art. 1, § 1, eff. Sept. 1, 1971.  Amended by Acts 
1985, 69th Leg., ch. 302, § 2, eff. June 7, 1985.


	§ 130.035. LEGALITY OF PETITION.  It shall be the duty of 
the county school board or boards or the commissioners court or 
courts petitioned in compliance with Section 130.033 of this code 
to:
		(1)  pass upon the legality of the petition and the 
genuineness of the same;  and
		(2)  forward the petition, so approved, to the 
Coordinating Board, Texas College and University System.

Acts 1969, 61st Leg., p. 2999, ch. 889, § 1.  Renumbered from 
V.T.C.A. Education Code § 51.035 by Acts 1971, 62nd Leg., p. 
3286, ch. 1024, art. 1, § 1, eff. Sept. 1, 1971.


	§ 130.036. 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 the preceding sections of this chapter have been complied 
with, and also whether, considering the geographic location of 
colleges already established, it is feasible and desirable to 
establish a 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 in making its 
decision 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 transmitted through the 
commissioner of higher education to the county school board or 
boards or the commissioners court or courts, as the case may be, 
along with the order of the coordinating board authorizing further 
procedure in the establishment of the junior college district.

Acts 1969, 61st Leg., p. 2999, ch. 889, § 1.  Renumbered from 
V.T.C.A., Education Code § 51.036 by Acts 1971, 62nd Leg., p. 
3287, ch. 1024, art. 1, § 1, eff. Sept. 1, 1971.  Amended by Acts 
1985, 69th Leg., ch. 302, § 2, eff. June 7, 1985.


	§ 130.037. CALLING ELECTION;  SUBMISSION OF 
QUESTIONS.  If the coordinating board approves the establishment 
of the junior college district, it shall then be the duty of the 
commissioners court or courts 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 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.  The order shall contain a description of the metes and 
bounds of the junior college district to be formed and fix the date 
of the election.

Acts 1969, 61st Leg., p. 3000, ch. 889, § 1.  Renumbered from 
V.T.C.A., Education Code § 51.037 by Acts 1971, 62nd Leg., p. 
3287, ch. 1024, art. 1, § 1, eff. Sept. 1, 1971.  Amended by Acts 
1985, 69th Leg., ch. 302, § 2, eff. June 7, 1985.


	§ 130.038. ELECTION.  A majority of the electors in the 
proposed district, voting in the election, shall determine the 
question of creation of the junior college district submitted in 
the order, the election of the original trustees, and the questions 
of issuing bonds and levying taxes.  A majority of the electors 
voting in such election shall determine such questions submitted in 
the order.  In the case of a joint-county junior college district, 
or a union junior college district, the election shall, by mutual 
agreement of the court or courts, be held on the same day throughout 
the proposed district.

Acts 1969, 61st Leg., p. 3000, ch. 889, § 1.  Renumbered from 
V.T.C.A., Education Code § 51.038 by Acts 1971, 62nd Leg., p. 
3287, ch. 1024, art. 1, § 1, eff. Sept. 1, 1971.  Amended by Acts 
1985, 69th Leg., ch. 302, § 2, eff. June 7, 1985.


	§ 130.039. ELECTION RETURNS, CANVASS, AND RESULT.  (a) 
The commissioners court or courts within 10 days after holding of an 
election shall make a canvass of the returns and declare the results 
of the election.
	(b)  The court or courts shall enter an order on the minutes 
of the court or courts as to the results.

Acts 1969, 61st Leg., p. 3000, ch. 889, § 1.  Renumbered from 
V.T.C.A., Education Code § 51.039 by Acts 1971, 62nd Leg., p. 
3287, ch. 1024, art. 1, § 1, eff. Sept. 1, 1971.


	§ 130.040. BOARD OF TRUSTEES:  UNION, COUNTY, OR 
JOINT-COUNTY JUNIOR COLLEGE.  A union junior college, a county 
junior college, or a joint-county junior college shall be governed, 
administered, and controlled by and under the direction of a board 
of trustees of seven members unless the number of members is 
increased as authorized by Section 130.082(d).

Acts 1969, 61st Leg., p. 3000, ch. 889, § 1.  Renumbered from 
V.T.C.A., Education Code § 51.040 by Acts 1971, 62nd Leg., p. 
3288, ch. 1024, art. 1, § 1, eff. Sept. 1, 1971.  Amended by Acts 
2001, 77th Leg., ch. 1324, § 1, eff. June 16, 2001.


	§ 130.041. ELECTION OF TRUSTEES OF UNION, COUNTY, AND 
JOINT-COUNTY JUNIOR COLLEGE.  The original trustees of a union or a 
county junior college shall be elected at large from the junior 
college district by the qualified voters of the district under the 
rules and regulations provided for in Section 130.042 of this code.

Acts 1969, 61st Leg., p. 3000, ch. 889, § 1.  Renumbered from 
V.T.C.A., Education Code § 51.041 by Acts 1971, 62nd Leg., p. 
3288, ch. 1024, art. 1, § 1, eff. Sept. 1, 1971.


	§ 130.042. ORIGINAL BOARD.  (a) The original trustees 
shall be elected at the same election at which the creation of the 
district is determined.
	(b)  Any candidate desiring to be voted upon as a first 
trustee shall present a petition to the commissioners court or 
courts within three days before the order authorizing the election 
is issued by the commissioners court or courts, and shall accompany 
his petition with a petition signed by not less than two percent of 
the qualified voters in the district, requesting that his name be 
placed on the ticket as a candidate for trustee.
	(c)  The seven candidates for junior college trustee 
receiving the highest number of votes at the election shall be 
declared trustees of the district.

Acts 1969, 61st Leg., p. 3001, ch. 889, § 1.  Renumbered from 
V.T.C.A., Education Code § 51.042 by Acts 1971, 62nd Leg., p. 
3288, ch. 1024, art. 1, § 1, eff. Sept. 1, 1971.


	§ 130.043. ORGANIZATION.  After the election of the 
original trustees, the board of trustees 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. 3001, ch. 889, § 1.  Renumbered from 
V.T.C.A., Education Code § 51.043 by Acts 1971, 62nd Leg., p. 
3288, ch. 1024, art. 1, § 1, eff. Sept. 1, 1971.


	§ 130.044. ELECTION OF TRUSTEES BY THE POSITION 
METHOD.  (a) The board of trustees of a district may, by a majority 
vote of the trustees, if a quorum is present and voting, adopt a 
numbered position system of electing members to the board.
	(b)  If the board adopts a numbered position system, 
candidates are voted on and elected separately for positions on the 
board according to the number of the position to which they seek 
election.  The official ballots shall contain:
		(1)  the phrase "Official Ballot for the Purpose of 
Electing Trustees";     
		(2)  the name of the junior college district;                                 
		(3)  the number of each position to be filled;  and                           
		(4)  the list of candidates under the position to which 
they seek election. 
	(c)  Within 10 days from the date of adoption of the numbered 
position system, the trustees shall determine by lot which position 
each will hold on the board.  The members in Class 1 shall draw for 
positions one and two;  the members in Class 2 shall draw for 
positions three and four;  and the members in Class 3 shall draw for 
positions five, six, and seven.
	(d)  A person desiring election to a numbered position on the 
board must, not later than 5 p.m. of the 45th day before the date of 
the election, file with the board of trustees a written 
application, designating the number of the position on the board of 
trustees for which he desires to become a candidate, and requesting 
that his name be placed on the ballot.  An application may not be 
filed earlier than the 30th day before the date of the filing 
deadline.  Each candidate who files an application is entitled to 
have his name printed on the official ballot beneath the number of 
the position designated in his application.  A person who fails to 
file the application required by this section may not have his name 
printed on the official ballot.  A candidate is eligible to have his 
name printed on the ballot under only one position to be filled at 
the election.
	(e)  In the election each voter may vote for only one 
candidate for each numbered position.  The candidate receiving the 
most votes for each numbered position voted on in the election is 
entitled to serve as a trustee on the board, in the position to 
which he is elected.
	(f)  Notice of an election in a district must be given in the 
manner and for the time required under the law authorizing the 
creation of the district, except where there is a conflict with the 
provisions of this section, then this section is controlling.
	(g)  The board of trustees of a district with a population 
greater than one million may require that an application filed 
under Subsection (d) be accompanied by a filing fee not to exceed 
$200 as determined by the board or, instead of the filing fee, a 
petition signed by a number of registered voters of the district not 
to exceed 200 as determined by the board.

Acts 1971, 62nd Leg., p. 3288, ch. 1024, art. 1, § 1, eff. Sept. 
1, 1971.  Amended by Acts 1987, 70th Leg., ch. 508, § 4, eff. 
Sept. 1, 1987;  Acts 2005, 79th Leg., ch. 1149, § 1, eff. Sept. 1, 
2005.

SUBCHAPTER D. CHANGES IN DISTRICT BOUNDARIES


	§ 130.061. EXTENSION OF BOUNDARIES OF A JUNIOR COLLEGE 
DISTRICT COEXTENSIVE WITH AN INDEPENDENT SCHOOL DISTRICT.  The 
district boundaries of an independent school district junior 
college shall automatically be extended so that the boundary lines 
of the two districts, independent school district and junior 
college district, shall remain identical when:
		(1)  the junior college district was created with the 
same boundary lines as an independent school district;
		(2)  the boundaries of the independent school district 
are extended by consolidation, attachment of territory, or 
otherwise;  and
		(3)  the board of trustees of the independent school 
district is also the governing board of the junior college.

Acts 1969, 61st Leg., p. 3001, ch. 889, § 1.  Renumbered from 
V.T.C.A., Education Code § 51.061 by Acts 1971, 62nd Leg., p. 
3289, ch. 1024, art. 1, § 1, eff. Sept. 1, 1971.


	§ 130.062. ENLARGED DISTRICT:  CREATION;  RESOLUTION;  
ORDER.  (a) If the creation of the junior college district and the 
extension of the boundaries of the independent school district both 
occurred prior to March 17, 1950, the added territory of the 
independent school district may be brought into the junior college 
district in the manner prescribed by this section.
	(b)  A petition requesting that such territory be added to 
the junior college district signed by a majority of the registered 
voters of the territory may be presented to the governing board of 
the junior college district.
	(c)  The board shall determine whether the petition is signed 
by the required majority and if such determination is affirmative 
and if the board shall also determine that the facilities of the 
junior college district may be extended to cover adequately the 
scholastics of the added territory, the board shall pass an order 
admitting such territory.  The order shall describe by metes and 
bounds the junior college district as extended;  and a copy of the 
order shall be filed with the county superintendent.  Thereafter, 
the territory shall be a part of the junior college district for all 
intents and purposes.

Acts 1969, 61st Leg., p. 3001, ch. 889, § 1.  Renumbered from 
V.T.C.A., Education Code § 51.062 by Acts 1971, 62nd Leg., p. 
3289, ch. 1024, art. 1, § 1, eff. Sept. 1, 1971.  Amended by Acts 
1993, 73rd Leg., ch. 728, § 88, eff. Sept. 1, 1993.


	§ 130.063. EXTENSION OF JUNIOR COLLEGE DISTRICT 
BOUNDARIES.  (a) Subject to Subsection (b), territory may be 
annexed to a junior college district by contract under Section 
130.064 or election under Section 130.065, if the territory:
		(1)  is contiguous to the annexing junior college 
district;  or             
		(2)  is located in the service area of the annexing 
district established under Subchapter J.
	(b)  Territory may be annexed to a junior college district as 
provided by this section only if the territory is located wholly 
within a single school district, county, or municipality.  This 
subsection does not prohibit a junior college district from 
conducting annexation elections or other annexation procedures for 
more than one territory at the same time.
	(c)  A junior college district may not annex territory under 
this section that is included in the boundaries of another junior 
college district.
	(d)  A junior college district may not annex territory under 
this section if a campus of the Texas State Technical College System 
is located:
		(1)  within the county in which the territory is 
located;  and              
		(2)  outside the junior college district.                                     

Acts 1969, 61st Leg., p. 3002, ch. 889, § 1.  Renumbered from 
V.T.C.A., Education Code § 51.063 by Acts 1971, 62nd Leg., p. 
3290, ch. 1024, art. 1, § 1, eff. Sept. 1, 1971.  Amended by Acts 
1981, 67th Leg., p. 3056, ch. 802, § 1, eff. Aug. 31, 1981;  Acts 
1999, 76th Leg., ch. 1397, § 1, eff. Aug. 30, 1999;  Acts 2005, 
79th Leg., ch. 1100, § 4, eff. June 18, 2005.


	§ 130.064. ANNEXATION BY CONTRACT.  If the annexation is 
by contract, a petition shall be presented to the governing board of 
any junior college district, executed by all property owners of all 
property situated in the territory proposed for annexation.  The 
petition shall contain a legally sufficient description of the 
territory proposed for annexation.  The governing board of the 
junior college district, if it deems the annexation to be in the 
best interest of the district, may effect the annexation by:
		(1)  entering its order authorizing the annexation of 
the territory by contract;  and
		(2)  then entering into a written agreement duly 
executed and acknowledged by all persons, corporations, and 
entities owning property within the territory.

Acts 1969, 61st Leg., p. 3002, ch. 889, § 1.  Renumbered from 
V.T.C.A., Education Code § 51.064 by Acts 1971, 62nd Leg., p. 
3290, ch. 1024, art. 1, § 1, eff. Sept. 1, 1971.


	§ 130.065. ANNEXATION BY ELECTION.  (a) On presentation 
to the governing board of a junior college district of a petition 
proposing the annexation of territory to the district, the 
governing board may call an election on the question of annexing the 
territory.  The petition must:
		(1)  contain an accurate description of the territory 
proposed for annexation;  and
		(2)  be signed by a number of registered voters in the 
territory proposed to be annexed equal to at least five percent of 
the registered voters in that territory as of the most recent 
general election for state and county officers.
	(b)  Before the governing board of the junior college 
district may order an annexation election, the board must hold a 
public hearing within the territory proposed for annexation.  The 
hearing must be held not earlier than the 45th day and not later 
than the 30th day before the date the board issues the order for the 
election.
	(c)  Not later than the 30th day before the date of a public 
hearing held under Subsection (b), the board shall complete and 
publish a service plan for the territory proposed for annexation.  
The service plan is informational only and must include:
		(1)  the maximum property tax rate that the board may 
adopt;                
		(2)  the most recent property tax rate adopted by the 
board and any tax rate increase proposed or anticipated to occur 
after the annexation;
		(3)  the tuition rate that would apply after annexation 
for a student who resides in the district;
		(4)  the tuition and fees that would apply under 
Section 130.0032(d) for a student who resides outside the district;
		(5)  plans for providing educational services in the 
territory, including proposed or contemplated campus and facility 
expansion in the territory;
		(6)  plans for cooperation with local workforce 
agencies;  and              
		(7)  any other elements consistent with this subchapter 
prescribed by rule of the Texas Higher Education Coordinating 
Board.
	(d)  The governing board shall issue an order for an election 
to be held in the territory proposed for annexation on a uniform 
election date that is not less than 45 days after the date of the 
order and that affords enough time to hold the election in the 
manner provided by law.  The board shall give notice of the election 
in the manner provided by law for notice by the county judge of a 
general election.
	(e)  The governing board shall conduct the election in 
accordance with the Election Code.
	(f)  The election shall be held only in the territory 
proposed for annexation, and only those registered voters residing 
in that territory are permitted to vote.
	(g)  The ballot shall be printed to provide for voting for or 
against the proposition:  "Annexation of the following territory 
for junior college purposes:  __________", with the blank filled in 
with a description of the territory proposed for annexation.
	(h)  The measure is adopted if the measure receives a 
favorable vote of a majority of those voters voting on the measure.
	(i)  If the measure is adopted, the governing board of the 
district shall enter an order declaring the result of the election 
and that the territory is annexed to the junior college district on 
the date specified in the order. 
	(j)  If the proposition is adopted and the governing board is 
elected from single-member districts, the governing board in the 
annexation order entered under Subsection (i) shall assign the new 
territory to one or more of the current single-member districts.
	(k)  The annexation of territory and any resulting change in 
the single-member districts from which members of the governing 
board are elected does not affect the term of a member of the 
governing board serving on the date the annexation or redistricting 
takes effect.  The governing board shall provide that each member of 
the governing board representing a single-member district who is 
holding office on the date the annexation takes effect serve the 
remainder of the member's term and represent a single-member 
district in the expanded junior college district for that term 
regardless of whether the member resides in that single-member 
district.
	(l)  If the measure is not adopted at the election, another 
election to annex all or part of the same territory may not be held 
earlier than one year after the date of the election at which the 
measure is not adopted.

Acts 1969, 61st Leg., p. 3002, ch. 889, § 1.  Renumbered from 
V.T.C.A., Education Code § 51.065 by Acts 1971, 62nd Leg., p. 
3290, ch. 1024, art. 1, § 1, eff. Sept. 1, 1971.  Amended by Acts 
1993, 73rd Leg., ch. 728, § 89, eff. Sept. 1, 1993;  Acts 2005, 
79th Leg., ch. 1100, § 5, eff. June 18, 2005.


	§ 130.066. AUTOMATIC ANNEXATION OF CERTAIN TERRITORY.  If 
the junior college district annexes territory under this subchapter 
comprising all of a municipality or school district, the governing 
board by order may annex for junior college purposes any territory 
later annexed by or added to the municipality or school district.

Added by Acts 2005, 79th Leg., ch. 1100, § 5, eff. June 18, 2005.          


	§ 130.067. ANNEXATION OF COUNTY-LINE SCHOOL DISTRICT FOR 
JUNIOR COLLEGE PURPOSES.  (a) In this section:
		(1)  "County-line school district" means any type of 
public school district created or organized under general or 
special law that includes within its boundaries territory that is 
located in two or more counties of Texas.
		(2)  "County or joint-county junior college district" 
means a junior college district that was originally created and 
organized with the same boundaries as a county or as a group of 
contiguous counties and that included all of the territory in the 
county or group of counties and did not include a part of any county 
without including the entire territory of the county.
	(b)  A part of a county-line school district that is 
contiguous to but not included within the boundaries of a county or 
joint-county junior college district may be annexed to the junior 
college district for junior college purposes only either by 
election as provided by Section 130.065 or by order entered 
pursuant to a petition requesting annexation of the territory as 
provided by this section.
	(c)  The county or joint-county junior college district as 
originally created and organized must have included in its 
boundaries a part of the county-line school district, and the part 
of the county-line school district to be annexed may not be included 
in any other junior college district.
	(d)  On presentation of a petition, signed by a number of 
registered voters residing in the part of a county-line school 
district requesting annexation equal to at least a majority of the 
registered voters residing in that territory as of the most recent 
general election for state and county officers to the county judge 
of the county in which the territory requested to be annexed is 
located, together with a certified copy of an order by the governing 
board of the junior college district approving the proposed 
annexation to the junior college district for junior college 
purposes only, the county judge shall certify the filing of the 
petition and order to the commissioners court.  The court at its 
next meeting shall pass an order declaring the territory annexed to 
the junior college district.
	(e)  Territory may be annexed by petition under this section 
only if the territory is located wholly within a single county.  For 
territory located in more than one county, a separate petition 
requesting the annexation of the territory is required for each 
county.

Acts 1969, 61st Leg., p. 3003, ch. 889, § 1.  Renumbered from 
V.T.C.A., Education Code § 51.066 by Acts 1971, 62nd Leg., p. 
3292, ch. 1024, art. 1, § 1, eff. Sept. 1, 1971.  Amended by Acts 
2005, 79th Leg., ch. 1100, § 5, eff. June 18, 2005.


	§ 130.068. EXTENDING BOUNDARIES OF JUNIOR COLLEGE 
DISTRICT IN DISTRICT'S SERVICE AREA.  (a) The governing board of a 
junior college district may order an election on the question of 
establishing expanded boundaries for the junior college district to 
encompass all of the territory located within the district's 
service area established by Subchapter J, other than territory 
located in the service area of another junior college district, if 
more than 35 percent of the total number of students who enrolled in 
the junior college district in the most recent academic year 
resided outside of the existing junior college district.
	(b)  The governing board of a junior college district may 
order an election on the question of establishing expanded 
boundaries for the junior college district to encompass part of the 
territory located within the district's service area established by 
Subchapter J, other than territory located in the service area of 
another junior college district, if more than 15 percent of the high 
school graduates for each of the preceding five academic years in 
the territory proposed to be added to the district have enrolled in 
the junior college district.
	(c)  Except as otherwise provided by this section, Section 
130.065 applies to an action taken under this section, including 
the provisions of Section 130.065 requiring a petition to be 
submitted before an election may be called.
	(d)  A junior college district may not adopt new boundaries 
for the district under this section that extend within the service 
area of another junior college district.

Added by Acts 2005, 79th Leg., ch. 1100, § 6, eff. June 18, 2005.          


	§ 130.069. DISANNEXATION OF OVERLAPPED TERRITORY.  (a) 
All junior college districts whose boundaries have or may hereafter 
become established so that they include territory which prior to 
such establishment lay, and shall continue to lie, within the 
boundaries of another junior college district shall have the power 
to disannex such overlapped territory.
	(b)  Upon certification by the governing board of such a 
junior college district to the county board of school trustees of 
the county in which its college is located that such an overlapping 
condition exists, the county board may by resolution disannex the 
overlapped territory from the district, describing such territory 
by metes and bounds.

Acts 1969, 61st Leg., p. 3003, ch. 889, § 1.  Renumbered from 
V.T.C.A., Education Code § 51.068 by Acts 1971, 62nd Leg., p. 
3293, ch. 1024, art. 1, § 1, eff. Sept. 1, 1971.


	§ 130.070. DISANNEXATION OF TERRITORY COMPRISING AN 
INDEPENDENT SCHOOL DISTRICT.  (a) The territory of an independent 
school district which is the only school district that has been 
annexed to a countywide independent school district junior college 
district in an adjoining county may be disannexed from such 
countywide independent school district junior college district and 
constituted as a separate independent school district junior 
college district in accordance with the provisions of this section, 
provided that the countywide independent school district junior 
college district has no outstanding bonded indebtedness which was 
incurred after the annexation of such independent school district.
	(b)  The proposed disannexation and creation of a separate 
junior college district shall be initiated by a petition signed by 
not less than five percent (5%) of the registered voters of the 
independent school district seeking disannexation.  The petition 
shall be presented to the board of trustees of the independent 
school district seeking to be disannexed, which shall pass upon the 
legality and genuineness of the petition and forward the petition, 
if approved, to the coordinating board.
	(c)  If the petition is found to be in order and all statutory 
provisions have been complied with, the coordinating board shall 
approve the petition and notify the board of trustees of the 
independent school district seeking to be disannexed, of such 
approval.  The board of trustees of the independent school district 
seeking disannexation shall then order an election to be held in the 
school district within a time not less than twenty (20) days nor 
more than thirty (30) days after the order is issued.  At the 
election the ballots shall be printed to provide for voting for or 
against the proposition:  "Disannexation of the ______________ 
Independent School from the ______________ Junior College 
District, and creation of the ______________ Junior College 
District with boundaries coterminous with the boundaries of the 
______________ Independent School District" (the blanks to be 
filled in as appropriate).  All expenses incurred in holding the 
election shall be paid by the independent school district ordering 
such election.
	(d)  The board of trustees shall make a canvass of the 
returns and declare the result of the election within ten (10) days 
after holding the election and shall enter an order on the minutes 
of the board as to the result of the election.  If a majority of the 
votes cast are in favor of disannexation and creation of a separate 
junior college district, such independent school district shall be 
deemed disannexed and constituted as a separate junior college 
district.
	(e)  If the creation of the separate junior college district 
is approved, it shall be governed by the provisions of this code 
relating to independent school district junior colleges.  The 
offices of the representatives of the disannexed independent school 
district on the governing body of the countywide independent school 
district junior college district shall be terminated, and the 
remaining members of that governing body shall continue to serve 
for the terms for which they were elected.
	(f)  Any petition for disannexation and creation of a 
separate junior college district may also incorporate a request for 
the proper authorities, in the event an election is ordered for the 
creation of a new district, to submit at the same election, either 
as a part of the disannexation issue or as a separate issue, 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.

Added by Acts 1972, 62nd Leg., 4th C.S., p. 37, ch. 16, § 1, eff. 
Oct. 30, 1972.  Amended by Acts 1993, 73rd Leg., ch. 728, § 90, 
eff. Sept. 1, 1993.

SUBCHAPTER E. BOARDS OF TRUSTEES OF JUNIOR COLLEGE DISTRICTS


	§ 130.081. GOVERNING BOARD OF JUNIOR COLLEGE OF 
INDEPENDENT SCHOOL DISTRICT.  In each junior college district 
which is controlled and managed by, and under the jurisdiction of, 
the governing board of an independent school district or a city 
school district, such governing board shall be constituted and 
chosen in accordance with the laws of this state applicable to the 
governing board of such independent school district or city school 
district.

Acts 1969, 61st Leg., p. 3004, ch. 889, § 1.  Renumbered from 
V.T.C.A., Education Code § 51.071 by Acts 1971, 62nd Leg., p. 
3293, ch. 1024, art. 1, § 1, eff. Sept. 1, 1971.


	§ 130.082. GOVERNING BOARD OF JUNIOR COLLEGE OF OTHER THAN 
INDEPENDENT SCHOOL DISTRICT.  (a) Except as provided by Section 
130.081 or another section of this subchapter, the governing boards 
of all junior college districts shall be constituted and chosen as 
described in the provisions of this section.
	(b)  The official name of the governing board of the junior 
college district shall be the board of trustees.
	(c)  The official name of a junior college district shall be 
the "__________ Junior College District" unless the board of 
trustees of the district elects to call the district a community 
college district, in which event the official name of the junior 
college district shall be the "________ Community College 
District."  The board shall designate an appropriate and locally 
pertinent descriptive word or words to be filled in the appropriate 
blank (and may change such designation when deemed advisable) by 
resolution or order;  provided that no two districts shall have the 
same or substantially similar names.  A district may change its name 
under Section 130.005 or 130.0051.  All resolutions or orders 
designating or changing names shall be filed immediately with the 
Texas Higher Education Coordinating Board and the first name filed 
shall have priority, and the district shall be advised of any 
previous filing of any identical or substantially similar name.  
The name of any junior college district existing on September 1, 
1997, shall remain the same until and unless it is changed under 
this chapter, and any change in the name of a junior college 
district made before that date is validated and is deemed to have 
been properly made.  Another district may not use the name of any 
district whose name change is validated under this subsection.
	(d)  The number of members or trustees of the governing board 
shall be either seven or nine, in accordance with the laws 
applicable to the junior college district on the effective date of 
this code or on the date of the creation of a new district or a new 
board.  Any seven-member board may be increased to nine, and the two 
additional members shall be appointed by resolution or order of the 
board for terms of office as prescribed in Subsection (e) of this 
section.  Any vacancy occurring on the board through death, 
resignation, or otherwise, shall be filled by a special election 
ordered by the board or by appointment by resolution or order of the 
board.  A person appointed to fill a vacancy in a trustee district 
must be a resident of that trustee district.  A person appointed to 
fill a vacancy in the representation of the district at large must 
be a resident of the district at large.  A special election to fill a 
board vacancy is conducted in the same manner as the district's 
general election except as provided by the applicable provisions of 
the Election Code.  The person appointed to fill the unexpired term 
shall serve until the next regular election of members to the board, 
at which time the position shall be filled by election for a term 
appropriately shortened to conform with what regularly would have 
been the length of the term for that position.  Each member of the 
board shall be a resident, qualified voter of the district and shall 
take the proper oath of office before taking up the duties thereof.  
Members of a board shall not receive any remuneration or emolument 
of office, but they shall be entitled to reimbursement for their 
actual expenses incurred in performing their duties, to the extent 
authorized and permitted by the board.  The board shall elect one of 
its members as president of the board, and the president shall 
preside at meetings of said board and perform such other duties and 
functions as are prescribed by the board.  The president of the 
board shall have a vote the same as the other members.  The board 
shall elect a secretary of the board who may or may not be a member 
of the board, and who shall be the official custodian of the 
minutes, books, records, and seal of said board, and who shall 
perform such other duties and functions as are prescribed by the 
board.  The board shall be authorized to elect any other officers as 
deemed necessary or advisable. Officers of the board shall be 
elected at the first regular meeting of the board following the 
regular election of members of the board in even-numbered years, or 
at any time thereafter in order to fill a vacancy.  Said board shall 
be authorized to appoint or employ such agents, employees, and 
officials as deemed necessary or advisable to carry out any power, 
duty, or function of said board;  and to employ a president, dean, 
or other administrative officer, and upon the president's 
recommendation to employ faculty and other employees of the junior 
college.  Said board shall act and proceed by and through 
resolutions or orders adopted or passed by the board and the 
affirmative vote of a majority of all members of the board shall be 
required to adopt or pass a resolution or order, and the board shall 
adopt such rules, regulations, and bylaws as it deems advisable, 
not inconsistent with this section.
	(e)  The basic term of office of a member of the board shall 
be six years, and one-third of the members of the board shall be 
elected at large in the district at regular elections to be held on 
the first Saturday in April in each even-numbered year;  provided 
that with a seven-member board two members shall be elected in two 
consecutive even-numbered years and three members shall be elected 
in the following even-numbered year.  The members of each board in 
office at the effective date of this act, and all subsequent members 
of the board, shall remain in office until the expiration of the 
terms for which they were elected or appointed, and until their 
successors shall have been elected and qualified;  provided that 
where any existing board has held its regular elections for members 
of the board in odd-numbered years prior to the effective date of 
this act, the board shall nevertheless hold its next regular 
election on the first Saturday in April of the next even-numbered 
year following the effective date of this act, and the term of 
office of each incumbent member of the board shall, in effect, be 
lengthened by one year so as to comply with the foregoing provisions 
of this act.  Upon the creation of a new board, or in any other 
situation where necessary, the members of the board shall choose by 
lot the terms for which they shall serve, so as to comply with the 
foregoing provisions.  If a board is increased from seven to nine 
members, one of the members shall be appointed to serve until the 
first election at which two members otherwise would have been 
elected, and the other shall be appointed to serve until the second 
election at which two members otherwise would have been elected, 
and three members shall be elected for six-year terms at each 
election.
	(f)  Members of a board shall be elected at large from each 
junior college district at regular elections to be called and held 
by the board for such purpose, at the expense of the district, on 
the first Saturday in April in each even-numbered year.  Said 
elections shall be held in accordance with the Texas Election Code 
except as hereinafter provided, and all resident, qualified 
electors of the district shall be permitted to vote.  Each such 
election shall be called by resolution or order of the board, and 
notice of each such election shall be given by publishing an 
appropriate notice, in a newspaper of general circulation in the 
district, at least 10 days prior to the date of the election, 
setting forth the date of the election, the polling place or places, 
the numbers of the positions to be filled, the candidates for each 
position and any other matters deemed necessary or advisable.
	(g)  The board shall designate a number for the position held 
by each member of the board, from one upward in consecutive 
numerical order in such manner that the lowest numbers shall be 
assigned to the members whose terms of office expire in the shortest 
length of time, provided that any such position number designations 
on existing boards under existing law at the effective date of this 
act shall remain in effect.  At each election candidates shall be 
voted upon and be elected separately for each position on the board, 
and the name of each candidate shall be placed on the official 
ballot according to the number of the position for which he or she 
is running.  A candidate receiving a majority of the votes cast for 
all candidates for a position shall be declared elected.  If no 
candidate receives such a majority, then the two candidates 
receiving the highest number of votes shall run against each other 
for the position.  The run-off election for all positions shall be 
held on a date that complies with law and shall be ordered, notice 
thereof given, and held, as provided herein for regular elections.  
Any resident, qualified elector of the district may have his or her 
name placed as a candidate on the official ballot for any position 
to be filled at each regular election by filing with the secretary 
of the board a written application therefor signed by the 
applicant, not later than 5 p.m. of the 45th day before the date of 
the election.  An application may not be filed earlier than the 30th 
day before the date of the filing deadline.  Such application must 
state the number of the position for which he or she is a candidate, 
or the name of the incumbent member of the board holding the 
position for which he or she desires to run.  The location on the 
ballot of the names of candidates for each position shall be chosen 
by lot by the board.  A candidate shall be eligible to run for only 
one position at each election. 
	(h)  Notwithstanding anything in this code to the contrary, 
the provisions of all or any part of the laws of this state in effect 
immediately prior to the effective date of this act and relating to 
the name of any junior college district or the name of its governing 
board, or to the number of members of its governing board, or the 
procedures and times of electing or choosing said members, shall 
remain in effect under the following conditions.  If, at any time 
before the effective date of this act (but not thereafter), the 
governing board of any junior college district shall specify by 
resolution or order the particular provisions of the aforesaid laws 
applicable to it which it desires to remain in effect, then such 
particular provisions shall continue to apply to said board and its 
district;  provided that at any time thereafter the governing board 
may make this section in its entirety applicable to it and its 
district by appropriate resolution or order, and thereby 
permanently cancel the effect of the aforesaid particular 
provisions of other laws.  All resolutions and orders permitted by 
this section shall be filed immediately with the Coordinating 
Board, Texas College and University System.
	(i)  The election of trustees of a countywide junior or 
community college district that contains a city with a population 
of more than 1.18 million shall be held on the first Saturday in 
April of each even-numbered year.  When a runoff election is 
necessary, the board may order the election for a date to coincide 
with the date of the runoff election for city officials, if the city 
is holding a runoff election;  otherwise, the board shall set the 
date of the runoff election for not later than three weeks following 
the regular election.
	(j)  Notwithstanding the election dates prescribed by this 
section, an election held under this section shall be held on a 
uniform election date as provided by law.

Acts 1969, 61st Leg., p. 3004, ch. 889, § 1.  Renumbered from 
V.T.C.A., Education Code § 51.072 by Acts 1971, 62nd Leg., p. 
3294, ch. 1024, art. 1, § 1, eff. Sept. 1, 1971.  Amended by Acts 
1975, 64th Leg., p. 2035, ch. 673, § 1, eff. June 20, 1975;  Acts 
1977, 65th Leg., p. 1386, ch. 554, § 1, eff. June 15, 1977;  Acts 
1983, 68th Leg., p. 4806, ch. 844, § 2, eff. Aug. 29, 1983;  Acts 
1987, 70th Leg., ch. 54, § 25(j), eff. Sept. 1, 1987;  Acts 1987, 
70th Leg., ch. 508, § 5, eff. Sept. 1, 1987;  Acts 1989, 71st 
Leg., 1st C.S., ch. 2, § 1, eff. July 18, 1989;  Acts 1991, 72nd 
Leg., ch. 597, § 63, eff. Sept. 1, 1991;  Acts 1997, 75th Leg., 
ch. 570, § 2, eff. Sept. 1, 1997;  Acts 2001, 77th Leg., ch. 669, 
§ 13, eff. Sept. 1, 2001.


	§ 130.0821. GOVERNING BOARD OF CERTAIN COUNTYWIDE 
COMMUNITY COLLEGE DISTRICTS.  (a) The members of the governing 
board of a countywide community college district that contains a 
city with a population of more than 384,500 residents shall be 
elected from single-member trustee districts.
	(b)  The board of trustees shall divide the district into the 
appropriate number of compact trustee districts which contain as 
nearly as practicable an equal number of inhabitants according to 
the last preceding federal census.  Residents of each trustee 
district shall be entitled to elect one member of the board, and 
each candidate seeking to represent a trustee district must reside 
in the trustee district he seeks to represent.  Trustees shall, 
during their term of office, reside within the trustee district 
from which they were elected.
	(c)  Members of the board of trustees of the district shall 
serve for staggered terms of six years with the terms of one-third 
of the members, as nearly as may be, expiring in each even-numbered 
year.
	(d)  Repealed by Acts 1991, 72nd Leg., ch. 365, § 2, eff. 
Sept. 1, 1991.  
	(e)  Not later than the 90th day after the earliest date on 
which the board of trustees may recognize and act on the publication 
of the federal decennial census under Section 2058.001, Government 
Code, the board of trustees shall redivide the district into the 
appropriate number of trustee districts if the census data 
indicates that the population of the most populous trustee district 
exceeds the population of the least populous district by more than 
10 percent.  Within 90 days following the effective date of an order 
or resolution of the board of trustees to increase the number of 
board members, the board of trustees shall redivide the district 
into the appropriate number of trustee districts as increased.  At 
the next district election following the redistricting of the 
district under this subsection, each trustee district shall elect a 
member of the board unless the board of trustees determines that 
trustees shall be elected from the new trustee districts as 
provided by Section 130.0826, and the members elected shall draw 
lots for the appropriate number of two-year, four-year, and 
six-year terms as needed to establish staggered terms as required 
by Subsection (c).
	(f)  Any election held pursuant to the terms of this section 
shall be conducted in accordance with the provisions of Subsection 
(i), Section 130.082 of this code.
	(g)  Trustees elected under the provisions of this section 
take office on the first Tuesday in May.
	(h)  A district described by Subsection (a) of this section 
that has previously adopted or been required to implement 
single-member district representation in connection with a 
judicial proceeding may continue to operate under that plan.

Added by Acts 1977, 65th Leg., p. 1868, ch. 743, § 1, eff. Aug. 
29, 1977.  Amended by Acts 1991, 72nd Leg., ch. 365, § 1, 2, eff. 
Sept. 1, 1991;  Acts 2001, 77th Leg., ch. 89, § 1, eff. May 11, 
2001;  Acts 2001, 77th Leg., ch. 1324, § 2, eff. June 16, 2001.


	§ 130.0822. ELECTION FROM SINGLE-MEMBER TRUSTEE 
DISTRICTS.  (a) The board of trustees of a junior college district 
may order that all or a majority of the trustees of the district be 
elected from single-member trustee districts.
	(b)  An order of the board adopted under Subsection (a) of 
this section must be entered not later than the 120th day before the 
day of the first election of trustees from single-member trustee 
districts.
	(c)  The appointment and election of trustees of the junior 
college district are subject to Section 130.082 of this code, 
except as otherwise provided by this section.
	(d)  If the board orders that trustees shall be elected from 
single-member trustee districts, the board shall divide the junior 
college district into the appropriate number of trustee districts, 
based on the number of members of the board that are to be elected 
from single-member districts, and shall number each trustee 
district.
	(e)  The trustee districts must be compact and contiguous, 
and must be as nearly as practicable of equal population according 
to the last preceding federal census.
	(f)  Trustee districts must be drawn not later than the 90th 
day before the day of the first election of trustees from 
single-member districts.
	(g)  The board may provide for trustees holding office on the 
date of the initial election of trustees from single-member 
districts to serve the remainder of their terms and to represent a 
trustee district for that term without having residency in that 
trustee district.
	(h)  Except in the case of residents of a trustee district 
who are represented by a trustee serving in accordance with 
Subsection (g) of this section, residents of each trustee district 
are entitled to elect one trustee to the board.  A candidate for 
trustee must be a resident of the trustee district the candidate 
seeks to represent.  A trustee other than a trustee serving in 
accordance with Subsection (g) of this section vacates the office 
if he or she ceases to reside in the trustee district he or she 
represents.
	(i)  Any vacancy on the board shall be filled by appointment 
made by the remaining members of the board.  The appointed person 
serves for the unexpired term.
	(j)  After each redistricting, all positions on the board 
shall be filled unless the board of trustees determines that 
trustees shall be elected from the new trustee districts as 
provided by Section 130.0826.  The trustees then elected shall draw 
lots for staggered terms as provided by Section 130.082.
	(k)  Not later than the 90th day before the day of the first 
regular junior college district trustee election at which trustees 
may officially recognize and act on the last preceding federal 
census, the board shall redivide the district into the appropriate 
number of trustee districts if the census data indicates that the 
population of the most populous district exceeds the population of 
the least populous district by more than 10 percent.  Redivision of 
the district shall be in the manner provided for the initial 
division of the district.
	(l)  This section does not apply to a junior college district 
to which Section 130.081, 130.083, 130.0821, or 130.088 of this 
code applies, or to a junior college district required by other law 
to elect trustees from single-member districts.  This section does 
not apply to the election of trustees in any district in which the 
election of trustees is governed by a court order so long as that 
order remains in effect.  This section does apply to an independent 
school district junior college district governed by a separate 
board of trustees.

Added by Acts 1989, 71st Leg., ch. 1029, § 1, eff. Sept. 1, 1989.  
Amended by Acts 2001, 77th Leg., ch. 89, § 2, eff. May 11, 2001.


	§ 130.0823. ELECTION BY POSITION IN CERTAIN 
DISTRICTS.  (a) This section applies to a junior college that 
elects a governing board of seven members, with four members 
elected from respective commissioner precincts and three members 
elected at large.
	(b)  The governing board of the junior college may order that 
the board members elected at large be elected instead by position.  
The order must be entered not later than the 120th day before the 
first election of a trustee by position.
	(c)  The board may provide for trustees holding office on the 
date of the initial election of trustees by position to serve the 
remainder of their terms and to represent a position for that term.

Added by Acts 1999, 76th Leg., ch. 1070, § 1, eff. Aug. 30, 1999.          


	§ 130.0825. WRITE-IN VOTING IN ELECTION FOR MEMBERS OF 
GOVERNING BODY.  (a) In a general or special election for members 
of the governing body of a junior college district, a write-in vote 
may not be counted for a person unless the person has filed a 
declaration of write-in candidacy with the secretary of the board 
of trustees in the manner provided for write-in candidates in the 
general election for state and county officers.
	(b)  Except as provided by Subsection (e), a declaration of 
write-in candidacy must be filed not later than 5 p.m. of the fifth 
day after the date an application for a place on the ballot is 
required to be filed.
	(c)  Subchapter B, Chapter 146, Election Code, applies to 
write-in voting in an election for members of the governing body 
except to the extent of a conflict with this section.
	(d)  The secretary of state shall adopt rules necessary to 
implement this section.
	(e)  For an election to be held on the date of the general 
election for state and county officers, the day of the filing 
deadline is the 67th day before election day.

Added by Acts 1997, 75th Leg., ch. 1343, § 1, eff. June 20, 1997.  
Amended by Acts 1999, 76th Leg., ch. 666, § 1, eff. Sept. 1, 
1999;  Acts 2003, 78th Leg., ch. 925, § 10, eff. Nov. 1, 2003;  
Acts 2005, 79th Leg., ch. 1109, § 33, eff. Sept. 1, 2005.


	§ 130.0826. OPTION TO CONTINUE IN OFFICE FOLLOWING 
REDISTRICTING.  (a) The board of trustees of any junior college 
district that elects some or all of its members from single-member 
districts and in which the trustees serve staggered terms may 
provide for the trustees in office at the first election after the 
junior college district is redistricted to serve for the remainder 
of their terms in accordance with this section.
	(b)  If the board of trustees provides for the trustees in 
office to serve for the remainder of their terms in accordance with 
this section, the trustee districts established by the 
redistricting plan shall be filled as the staggered terms of 
trustees in office expire.  When the board of trustees adopts a 
redistricting plan, the board shall determine from which new 
trustee district the position of each trustee in office will be 
filled as it becomes vacant.
	(c)  This section does not authorize a trustee of a junior 
college district to continue in office after a redistricting plan 
takes effect if the member no longer resides in the district from 
which the trustee was elected.

Added by Acts 2001, 77th Leg., ch. 89, § 3, eff. May 11, 2001.             


	§ 130.083. GOVERNING BOARD IN ENLARGED JUNIOR COLLEGE 
DISTRICT.  (a) From and after May 22, 1969, those junior college 
districts which were on May 22, 1969, operating under Chapter 15, 
Acts of the 58th Legislature, 1963 (Article 2815o-1b, Vernon's 
Texas Civil Statutes ), and to which one, or more, school districts 
has been annexed for junior college purposes only, may, by a 
majority vote of the board of regents of the junior college 
district, choose to operate and be governed by a board of regents.
	(b)  Each school district which has been annexed to the 
junior college district for junior colleges purposes only shall be 
represented by at least one member of the board of regents.  If the 
assessed tax rolls exceed $67,500,000, the school district shall be 
represented by one member of the board of regents for each 
$67,500,000 of assessed value, or a major fraction thereof, on the 
junior college tax roll, located within the school district.  The 
original junior college district shall be represented on the board 
of regents by a number of regents arrived at according to the same 
formula.
	(c)  The total number of members of the board of regents of 
the junior college district shall never exceed 14.  When the 
valuation of the enlarged district increases to the point that the 
number of regents exceeds 14 under the formula described in 
Subsection (b) of this section then the board of regents of the 
junior college district shall set a formula, based on proportional 
tax values, of representation, which will produce a total of 14 
members of the board of regents.
	(d)  The terms of office of the regents authorized by this 
act shall be six years.  Those regents serving as regents on May 22, 
1969, shall continue in office for the remainder of their 
respective terms and then until such time as their successors shall 
have been elected and qualified, and thereafter in each 
even-numbered year three regents shall be elected from the area 
originally forming the junior college district to succeed those 
regents whose terms are expiring, but if the number of regents 
becomes more or less than nine, the formula set out in Subsection 
(e) of this section shall be followed.  All new regents added to the 
board of regents under the provisions of this section shall be 
appointed by the board of regents which orders the enlargement of 
the membership of such board, and shall serve until election 
specified in Subsection (e) of this section.  All vacancies on the 
board of regents shall be filled at once for the unexpired term only 
by appointments made by the remaining members of such board.
	(e)  Where additional regent positions are provided under 
the terms of this section, the board of regents at the time of such 
authorization shall designate by resolution duly recorded in the 
minutes of such board the term to be served by each such additional 
regent, provided that the first regent authorized and appointed 
shall serve only until the next regular regent election, the second 
such regent shall serve until the regent election two years after 
the next regular regent election, and the third regent shall serve 
until the regent election four years after the next regular regent 
election, with additional regents which may be authorized to follow 
the same rotation of terms until all terms of additional regents 
provided under the terms of this section have been fixed to expire 
at the next regular regent election, or at the regent election two 
years after the next regular regent election, or at the regent 
election four years after the next regular election.  Additional 
regents appointed to such terms and until such times as their 
successors shall have been elected and qualified, and thereafter 
the terms of such regents shall be for six years.
	(f)  Regent elections in all parts of the districts affected 
by the provisions of this section shall be held at the times and in 
the manner now provided for public junior colleges by general law.  
The qualified voters residing in the school district represented 
shall be entitled to vote in such elections.  Each regent to be 
elected shall be a resident of the school district he is to 
represent and each regent to represent the original college 
district shall be a resident of the original college district.
	(g)  The provisions of this section shall be cumulative of 
existing laws governing elections of regents in public junior 
college districts.

Added by Acts 1971, 62nd Leg., p. 3296, ch. 1024, art. 1, § 1, 
eff. Sept. 1, 1971.


	§ 130.084. POWERS AND DUTIES.  (a) The governing board of 
a junior college district shall be governed in the establishment, 
management, and control of a public junior college in the district 
by the general law governing the establishment, management, and 
control of independent school districts insofar as the general law 
is applicable.
	(b)  The governing board of a junior college district may set 
and collect with respect to a public junior college in the district 
any amount of tuition, rentals, rates, charges, or fees the board 
considers necessary for the efficient operation of the college, 
except that a tuition rate set under this subsection must satisfy 
the requirements of Section 54.051(n).  The governing board may set 
a different tuition rate for each program, course, or course level 
offered by the college, including a program, course, or course 
level to which a provision of Section 54.051 applies, as the 
governing board considers appropriate to reflect course costs or to 
promote efficiency or another rational purpose.

Acts 1969, 61st Leg., p. 3007, ch. 889, § 1.  Renumbered from 
V.T.C.A., Education Code § 51.073 by Acts 1971, 62nd Leg., p. 
3298, ch. 1024, art. 1, § 1, eff. Sept. 1, 1971.  Amended by Acts 
2005, 79th Leg., ch. 805, § 2, eff. June 17, 2005.


	§ 130.0845. REMOVAL OF TRUSTEE FOR NONATTENDANCE OF BOARD 
MEETINGS.  (a) It is a ground for removal of a member of the board 
of trustees of a junior college district that the member is absent 
from more than half of the regularly scheduled board meetings that 
the member is eligible to attend during a calendar year, not 
counting an absence for which the member is excused by a majority 
vote of the board.
	(b)  The validity of an action of the board of trustees is not 
affected by the fact that the action is taken when a ground for 
removal of a member of the board exists.
	(c)  A member of a board of trustees may be removed for a 
ground provided by this section, using the procedures provided by 
Subchapter B, Chapter 87, Local Government Code, for removing a 
county official.

Added by Acts 2005, 79th Leg., ch. 673, § 1, eff. Sept. 1, 2005.           


	§ 130.085. TUITION EXEMPTION.  (a) The board of trustees 
of any public junior college may exempt from payment of tuition all 
students who are residents of the junior college district and who 
are enrolled for 12 or more semester credit hours, provided that 
this action will allow the college to participate in and benefit 
from funds available as provided by Sections 1-7, Title I, 64 Stat. 
1100, as amended, 20 U.S.C. Secs. 236-241-1.
	(b)  This action by the board of trustees does not affect 
their authority under Section 130.123 of this code, nor does this 
section in any way supersede that section.  This action of the board 
does not affect the right of the college to a proportionate share of 
state appropriations under Section 130.003 of this code.

Added by Acts 1971, 62nd Leg., p. 3355, ch. 1024, art. 2, § 31, 
eff.