Invisible Government: Special Purpose Districts in Texas - Senate

Research
SPOTLIGHT
in 1929 to separate from the school districts to become
independent institutions. The earliest community college
districts were Blinn College, established in 1883, and
Clarendon College and Saint Phillips College, both
established in 1898.
Texas public junior colleges and community college
districts (Note: Section 130.005, Education Code,
recognizes that junior colleges are in fact comprehensive
community colleges, effectively making those terms
interchangeable) are two-year institutions that serve
local taxing districts and service areas in Texas and
offer vocational, technical, and academic courses for
certification or associate degrees. They also offer
continuing, remedial, and compensatory education
consistent with open-admission policies, as well as
counseling and guidance programs. These institutions
also conduct research that is funded through private and
competitively acquired sources, local taxes, and other
local revenue.
Section 61.062, Education Code, authorizes the Texas
Higher Education Coordinating Board (THECB) to adopt
standards and policies relating to the creation, dissolution,
and operation of community college districts. Section
61.063, Education Code, requires the commissioner of
higher education to certify colleges that have complied
with the prescribed standards, rules, and regulations.
Only those colleges that have been certified are eligible
to receive funds from the legislature. Below are the
types of junior/community college districts that may be
established under Section 130.004, Education Code:
••an independent school district junior college;
••a city junior college;
••a union junior college;
••a county junior college;
••a joint-county junior college; and
••a public junior college as a part or division of
a regional college district.
ffCreation
Sections 8.21 through 8.36, Title 19 (Education), Texas
Administrative Code, set forth the requirements for
the creation of a public community college district.
That code provides that if a local group of citizens is
interested in establishing a community college district,
Special Purpose Districts
the group must appoint a steering committee of at least
seven citizens to provide leadership on behalf of the
proposed community college. If a proposed community
college district is to be coextensive with an ISD, the
board of trustees of that ISD may serve as the steering
committee.
The steering committee must prepare and circulate a
petition requesting an election on the establishment
of a community college district. The petition must be
signed by not less than 10 percent of the qualified voters
in the proposed district and verified by the appropriate
authorities. The steering committee is then required to
file a letter of intent with the commissioner of higher
education within a designated period before THECB
holds its quarterly meeting, at which the steering
committee submits the certified petition requesting
approval to hold an election regarding the creation of
a public community college district. THECB must
approve and authorize an election in which the district
must be approved by a majority of those voting.
ffGovernance
Section 51.352, Education Code, sets forth the duties and
responsibilities of the governing boards of institutions
of higher education, including community colleges.
Community college districts are governed by a board
composed of seven to nine lay members. The board
is authorized to set and collect any amount of tuition,
rentals, rates, charges, or fees the board considers
necessary for the efficient operation of the college
district, with certain exceptions. The board is required
to provide policy direction for the college district and
adopt such rules, regulations, and bylaws as the board
deems advisable.
ffCommunity College Funding
The legislature appropriates state funds based on the
community and technical college funding formula.
Community college governing boards raise local
funds through tuition and fees and property taxes to
defray the expenses associated with construction and
maintenance.
Page 8 October 2008