CHAPTER 135. TEXAS STATE TECHNICAL COLLEGE SYSTEM

EDUCATION CODE

TITLE 3. HIGHER EDUCATION

SUBTITLE G. NON-BACCALAUREATE SYSTEM

CHAPTER 135. TEXAS STATE TECHNICAL COLLEGE SYSTEM

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 135.01. TEXAS STATE TECHNICAL COLLEGE SYSTEM; ROLE AND

MISSION. (a) Texas State Technical College System is a

coeducational two-year institution of higher education offering

courses of study in technical-vocational education for which

there is demand within the State of Texas.

(b) Texas State Technical College System shall contribute to the

educational and economic development of the State of Texas by

offering occupationally oriented programs with supporting

academic course work, emphasizing highly specialized advanced and

emerging technical and vocational areas for certificates or

associate degrees. The Texas State Technical College System is

authorized to serve the State of Texas through excellence in

instruction, public service, faculty and manpower research, and

economic development. The system's economic development efforts

to improve the competitiveness of Texas business and industry

include exemplary centers of excellence in technical program

clusters on the system's campuses and support of educational

research commercialization initiatives. Through close

collaboration with business, industry, governmental agencies, and

communities, including public and private secondary and

postsecondary educational institutions, the system shall

facilitate and deliver an articulated and responsive technical

education system.

(c) In developing and offering highly specialized technical

programs with related supportive coursework, primary

consideration shall be placed on industrial and technological

manpower needs of the state. The emphasis of each Texas State

Technical College System campus shall be on advanced or emerging

technical programs not commonly offered by public junior

colleges.

Acts 1971, 62nd Leg., p. 3316, ch. 1024, art. 1, Sec. 1, eff.

Sept. 1, 1971. Amended by Acts 1985, 69th Leg., ch. 646, Sec. 6,

eff. Aug. 26, 1985; Acts 1987, 70th Leg., ch. 823, Sec. 2.02,

eff. June 20, 1987; Acts 1991, 72nd Leg., ch. 287, Sec. 1, eff.

Sept. 1, 1991.

Sec. 135.011. DEFINITIONS. In this chapter:

(1) "Board" means the board of regents of the Texas State

Technical College System.

(2) "Coordinating board" means the Texas Higher Education

Coordinating Board.

(3) "System" means the Texas State Technical College System.

(4) "Faculty research" means research using the system's

facilities and equipment that is:

(A) consistent with the system's mission; and

(B) funded by private sources, competitively acquired sources,

or appropriated public funding.

(5) "Campus" means a residential unit of the system that grants

associate degrees and certificates.

(6) "Extension center" means a site, operating under the

administration of a campus, that has an extension program.

(7) "Extension program" includes credit and noncredit

instruction in technical-vocational education.

Added by Acts 1991, 72nd Leg., ch. 287, Sec. 2, eff. Sept. 1,

1991.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

629, Sec. 1, eff. June 19, 2009.

Sec. 135.02. LOCATION. (a) The Texas State Technical College

System is composed of:

(1) a system office located in the city of Waco in McLennan

County;

(2) a campus located in the city of Harlingen in Cameron County;

(3) a campus located in the city of Sweetwater in Nolan County;

(4) a campus located in the city of Marshall in Harrison County;

(5) a campus located in the city of Waco in McLennan County;

(6) extension centers in the city of Brownwood in Brown County

and the city of Abilene in Taylor County and an extension program

offered through a rural technology center in the city of

Breckenridge in Stephens County; and

(7) other campuses assigned to the system from time to time by

specific legislative Act.

(b) The system may operate an extension center created after

September 1, 1991, in a city or county if:

(1) the coordinating board has given prior approval to the

extension center, after considering the role and mission of the

system, the needs of this state and of the community involved,

the actions of the legislature, if any, and the efficient and

effective use of the state's educational resources for the

economic development of this state;

(2) a political subdivision of this state provides and maintains

appropriate equipment and facilities for the delivery of

technical-vocational education, including maintenance and

utilities; and

(3) funding for the extension center is approved by specific

legislative Act.

Text of subsec. (c) as amended by Acts 1991, 72nd Leg., ch. 268,

Sec. 1

(c) The board may accept or acquire by purchase in the name of

the State of Texas land and facilities in Cameron County, Potter

County, Harrison County, and Nolan County, subject to the

approval of the governor.

Text of subsec. (c) as amended by Acts 1991, 72nd Leg., ch. 287,

Sec. 3

(c) The board may accept or acquire by purchase in the name of

the State of Texas land and facilities in any of the counties in

which a campus or extension center is located. The coordinating

board must review and approve the acceptance or acquisition of

any land and facilities if:

(1) the board of regents requests to place the land and

facilities on its educational and general buildings and

facilities inventory; and

(2) the combined value of the land and facilities is more than

$300,000 at the time the board of regents requests the property

to be added to the educational and general buildings and

facilities inventory.

(d), (e) Repealed by Acts 1999, 76th Leg., ch. 1363, Sec. 3, eff.

September 1, 1999.

Acts 1971, 62nd Leg., p. 3316, ch. 1024, art. 1, Sec. 1, eff.

Sept. 1, 1971. Amended by Acts 1971, 62nd Leg., p. 3341, ch.

1024, art. 2, Sec. 10, eff. Sept. 1, 1971; Acts 1989, 71st Leg.,

ch. 464, Sec. 7, eff. June 14, 1989; Acts 1991, 72nd Leg., ch.

268, Sec. 1 to 3, eff. Aug. 26, 1991; Acts 1991, 72nd Leg., ch.

287, Sec. 3, eff. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 359,

Sec. 3; Acts 1999, 76th Leg., ch. 1363, Sec. 1, 3, eff. Sept. 1,

1999; Acts 2001, 77th Leg., ch. 238, Sec. 1, eff. May 22, 2001.

Sec. 135.04. APPROVAL OF PROGRAMS. (a) Educational programs

wholly or partially financed from state funds are subject to the

prior approval or disapproval and continuing review of the

coordinating board.

(b) Before any program may be offered by a campus or extension

center within the tax district of a public junior college that is

operating a vocational and technical program, it must be

established that the public junior college is not capable of

offering or is unable to offer the program. After it is

established that a need for the program exists and that the

program is not locally available, the campus or extension center

may offer the program, provided approval is secured from the

coordinating board. Approval of technical-vocational programs

under this section does not apply to McLennan, Cameron, and

Potter counties.

(c) Where a local government, business, or industry located in a

county or a portion of a county that is not operating a public

junior college district requests that the campus or extension

center offer a program, the campus or extension center may offer

the program provided approval is secured from the coordinating

board.

Acts 1971, 62nd Leg., p. 3316, ch. 1024, art. 1, Sec. 1, eff.

Sept. 1, 1971. Amended by Acts 1985, 69th Leg., ch. 646, Sec. 8,

eff. Aug. 26, 1985; Acts 1991, 72nd Leg., ch. 287, Sec. 4, eff.

Sept. 1, 1991.

Sec. 135.05. SERVICES FOR THE DEAF. (a) The system shall

provide qualified interpreters for deaf students in attendance at

each campus. In order to be qualified, an interpreter must:

(1) be capable of giving verbatim transliteration or

interpretation of the spoken word through finger spelling, the

language of signs, or speaking without voice;

(2) be capable of sign-to-voice interpretation from the language

of signs to the spoken word; and

Text of (3) as amended by Acts 1991, 72nd Leg., ch. 287, Sec. 5

(3) hold a certificate from the National Registry of

Interpreters for the Deaf or an equivalent certificate issued by

the Texas Commission for the Deaf.

Text of (3) as amended by Acts 1991, 72nd Leg., ch. 345, Sec. 3

(3) hold a Level III, IV, or V certificate issued by the Texas

Commission for the Deaf or other certificate approved by the

executive officer of the institute.

(b) The system shall also provide equipment, materials, and

services, including tutoring, counseling, and other support

services, necessary for the deaf student to take full advantage

of existing educational programs.

(c) The executive officer shall determine which courses offered

by the institute are appropriate for an electronic display on a

screen or terminal, with less than 30 seconds delay, of a

speaker's spoken message. The institute shall implement the

electronic display in those courses.

Added by Acts 1977, 65th Leg., p. 1034, ch. 379, Sec. 1, eff.

Aug. 29, 1977. Amended by Acts 1991, 72nd Leg., ch. 287, Sec. 5,

eff. Sept. 1, 1991; Acts 1991, 72nd Leg., ch. 345, Sec. 3, eff.

Sept. 1, 1991.

Sec. 135.06. EXTENSION PROGRAM. (a) Texas State Technical

College System is authorized to provide extension programs of

training in the fields of Technical-Vocational Education as

temporary programs to address current unemployment problems.

(b) The system may accept in the name of the State of Texas any

real or personal properties. The system shall not be authorized

by this section to establish permanent programs or campuses.

(c) The system may operate an extension program by the use of

gifts and grants from any public or private source and other

legislative appropriations.

(d) The system may enter into contracts with existing political

subdivisions, state agencies, state institutions, private

entities, or federal agencies to carry out an extension program.

(e) The extension program shall be limited to the needs for

Technical-Vocational Training in the area being served and shall

be subject to the provisions of Subsections (e) and (j) of

Section 61.051 of this code.

(f) The system may not use legislative appropriations for

physical plant operations or utility costs of an extension

program or center created after September 1, 1991.

Added by Acts 1983, 68th Leg., p. 4527, ch. 742, Sec. 1, eff.

Aug. 29, 1983. Amended by Acts 1985, 69th Leg., ch. 646, Sec. 9,

eff. Aug. 26, 1985; Acts 1991, 72nd Leg., ch. 287, Sec. 6, eff.

Sept. 1, 1991.

Sec. 135.07. FUNDING; GIFTS AND GRANTS. (a) The legislature

shall appropriate funds for administration, instruction, and

physical plant operations and utilities for each campus of the

system and for each extension program created before September 1,

1991, on the basis of formulas developed by the coordinating

board.

(b) The legislature shall appropriate funds for administration

of and instruction at each extension program created after

September 1, 1991, and operated by the system on the basis of

formulas developed by the coordinating board.

(c) The system may accept gifts and grants from any public or

private source.

Added by Acts 1987, 70th Leg., ch. 823, Sec. 3.03, eff. June 20,

1987. Amended by Acts 1989, 71st Leg., ch. 882, Sec. 1, eff.

Sept. 1, 1989; Acts 1991, 72nd Leg., ch. 287, Sec. 7, eff. Sept.

1, 1991.

Sec. 135.08. AIRPORT. (a) The Waco campus may operate its

airport as a public airport.

(b) The system may not use legislative appropriations for the

airport but may use federal or public agency grants for aviation

or economic development.

Added by Acts 1991, 72nd Leg., ch. 287, Sec. 8, eff. Sept. 1,

1991.

SUBCHAPTER B. BOARD OF REGENTS; ADMINISTRATIVE PROVISIONS

Sec. 135.21. BOARD OF REGENTS. The organization and control of

the system is vested in a board of nine regents.

Acts 1971, 62nd Leg., p. 3317, ch. 1024, art. 1, Sec. 1, eff.

Sept. 1, 1971. Amended by Acts 1991, 72nd Leg., ch. 287, Sec. 9,

eff. Sept. 1, 1991.

Sec. 135.22. APPOINTMENT OF BOARD. The governor shall appoint

members of the board with the advice and consent of the senate.

In appointing members of the board the governor shall include

persons representing agriculture, business, industry, and labor.

Each member of the board shall be a citizen of Texas and shall

take the constitutional oath of office.

Acts 1971, 62nd Leg., p. 3317, ch. 1024, art. 1, Sec. 1, eff.

Sept. 1, 1971.

Sec. 135.23. TERMS OF OFFICE. The term of office of each regent

is six years. Any vacancy that occurs on the board is filled for

the unexpired term by appointment of the governor.

Acts 1971, 62nd Leg., p. 3317, ch. 1024, art. 1, Sec. 1, eff.

Sept. 1, 1971. Amended by Acts 1991, 72nd Leg., ch. 287, Sec. 10,

eff. Sept. 1, 1991.

Sec. 135.24. ORGANIZATION; BYLAWS. The board shall elect one of

the members chairman; elect other officers as it deems necessary;

and enact bylaws, rules, and regulations as it deems necessary

for the successful management and operation of the system.

Acts 1971, 62nd Leg., p. 3317, ch. 1024, art. 1, Sec. 1, eff.

Sept. 1, 1971. Amended by Acts 1991, 72nd Leg., ch. 287, Sec. 11,

eff. Sept. 1, 1991.

Sec. 135.25. MEETINGS. The board shall meet as prescribed by

its bylaws.

Acts 1971, 62nd Leg., p. 3317, ch. 1024, art. 1, Sec. 1, eff.

Sept. 1, 1971. Amended by Acts 1991, 72nd Leg., ch. 287, Sec. 12,

eff. Sept. 1, 1991.

Sec. 135.26. COMPENSATION. Members of the board may not receive

salary or compensation for their services, but they shall receive

reimbursement for their actual expenses incurred in attending to

the work of the board.

Acts 1971, 62nd Leg., p. 3317, ch. 1024, art. 1, Sec. 1, eff.

Sept. 1, 1971. Amended by Acts 1991, 72nd Leg., ch. 287, Sec. 13,

eff. Sept. 1, 1991.

Sec. 135.27. SYSTEM CENTRAL ADMINISTRATION OFFICE; EXECUTIVE

OFFICER. (a) The central administration office of the system

shall provide oversight and coordination of the activities of

each component of the system.

(b) The board shall appoint an executive officer of the system

and determine the executive officer's term of office, salary, and

duties.

(c) The executive officer shall recommend a plan for the

organization of the system and the appointment of an executive

officer for each campus of the system.

(d) The executive officer of the system is responsible to the

board for the general management and success of the system, and

the board shall cooperate with the executive officer to carry out

that responsibility.

(e) In addition to other powers and duties provided by this code

or other law, the central administration office of the system

shall recommend necessary policies and rules to the governing

board of the system to ensure conformity with all laws and rules

and to provide uniformity in data collection and financial

reporting procedures.

Added by Acts 1989, 71st Leg., ch. 464, Sec. 8, eff. June 14,

1989. Amended by Acts 1991, 72nd Leg., ch. 287, Sec. 14, eff.

Sept. 1, 1991.

SUBCHAPTER C. BOARD OF REGENTS; POWERS AND DUTIES

Sec. 135.51. CERTIFICATES, DIPLOMAS, AND ASSOCIATE DEGREES. (a)

The board shall prescribe and award associate of applied science

degrees, certificates, and diplomas limited to those appropriate

to technical education.

(b) The board may offer and award an associate of science degree

in a field of study at Texas State Technical College--Harlingen

campus if the coordinating board determines that the degree in

that field of study:

(1) is appropriate to the role and mission of the system; and

(2) meets the educational or workforce needs of the region in

which the campus is located.

Acts 1971, 62nd Leg., p. 3318, ch. 1024, art. 1, Sec. 1, eff.

Sept. 1, 1971. Amended by Acts 1985, 69th Leg., ch. 646, Sec. 10,

eff. Aug. 26, 1985; Acts 1991, 72nd Leg., ch. 287, Sec. 15, eff.

Sept. 1, 1991.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

629, Sec. 2, eff. June 19, 2009.

Sec. 135.52. FEES AND TUITION. (a) The board shall collect

tuition at the rates provided by law and registration fees.

(b) The board 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 in the funding formulas established under

Section 61.059 for use in making appropriation recommendations

for the system.

(c) Subsection (b) does not apply to a non-degree-credit

developmental course.

(d) The total amount of tuition charged to the student under

Subsection (b) for the repeated course may not exceed the full

cost of instruction for the course with respect to the student.

Acts 1971, 62nd Leg., p. 3318, ch. 1024, art. 1, Sec. 1, eff.

Sept. 1, 1971. Amended by Acts 1985, 69th Leg., ch. 646, Sec. 11,

eff. Aug. 26, 1985.

Amended by:

Acts 2005, 79th Leg., Ch.

1220, Sec. 2, eff. June 18, 2005.

Sec. 135.53. NONRESIDENT FEE EXEMPTIONS. The board may enter

into cooperative agreements which exempt technical students from

nonresident fees when there are reciprocal privileges granted to

Texas residents.

Acts 1971, 62nd Leg., p. 3318, ch. 1024, art. 1, Sec. 1, eff.

Sept. 1, 1971.

Sec. 135.54. CONTRACTS. The board may contract with

individuals, federal, state, and local agencies and departments,

corporations, and associations to provide:

(1) educational programs designed to meet the need for trained

personnel in Texas; or

(2) programs for economic development that benefit this state.

Acts 1971, 62nd Leg., p. 3318, ch. 1024, art. 1, Sec. 1, eff.

Sept. 1, 1971. Amended by Acts 1991, 72nd Leg., ch. 287, Sec. 16,

eff. Sept. 1, 1991.

Sec. 135.55. SUITS; VENUE. The board may sue, and may be sued,

in the name of the Texas State Technical College System, with

venue being in either McLennan County or Travis County.

Acts 1971, 62nd Leg., p. 3318, ch. 1024, art. 1, Sec. 1, eff.

Sept. 1, 1971. Amended by Acts 1991, 72nd Leg., ch. 287, Sec. 17,

eff. Sept. 1, 1991.

Sec. 135.56. BONDS AND NOTES; PLEDGE OF REVENUE. (a) The board

may irrevocably pledge the fees, charges, revenues, and the

proceeds of the lease, sale, transfer, or exchange of or from the

buildings, land, structures, and the additions to the existing

buildings and structures authorized to be constructed, improved,

or equipped and to pledge the revenue of the proceeds of the

lease, sale, transfer, or exchange of or from any other

revenue-producing buildings, structures, facilities, and other

property to the payment of the interest on and the principal of

bonds authorized to be issued by Chapter 55 of this code, and to

enter into agreements regarding the imposition of fees, charges,

and other revenue and the collection, pledge, and disposition as

the board deems appropriate. However, where land and improvements

on the land, the revenue of which has been pledged to pay bonds,

are to be sold, the sale is conditioned on the deposit by the

board of the proceeds of the sale to the sinking fund created by

the bond order of the issuing authority.

(b) All income received by the board under the provisions of

this section shall be accounted for and used in the same manner

as other money available to the board for the establishment or

operation of the system.

(c) The bonds authorized to be issued under Chapter 55 of this

code are special obligations of the board issuing the bonds and

are payable only from a pledge of the fees, charges, and other

revenues authorized by this section and from the proceeds of the

lease, sale, transfer, or exchange of land and improvements on

the land the revenue of which is pledged to secure the payment of

interest on and principal of the bonds.

(d) The board, in addition to the authority already provided,

may issue revenue bonds for the purposes authorized and in the

manner prescribed and under the terms and conditions set forth in

Chapter 55 of this code.

(e) The board may issue additional revenue bonds for the

purposes authorized and in the manner prescribed by 26 U.S.C.

Section 142, relating to airport development, water and sewage

treatment, residential construction, and other matters within the

role and scope of the system.

Acts 1971, 62nd Leg., p. 3318, ch. 1024, art. 1, Sec. 1, eff.

Sept. 1, 1971. Amended by Acts 1991, 72nd Leg., ch. 287, Sec. 18,

eff. Sept. 1, 1991.

Sec. 135.561. USE OF PROPERTY. The board may lease, sell,

transfer, or exchange land and permanent improvements owned by

the system as the board determines is in the best interest of

fulfilling the mission of the system.

Added by Acts 1991, 72nd Leg., ch. 287, Sec. 19, eff. Sept. 1,

1991.

Sec. 135.57. INSURANCE. The board may procure the property and

liability insurance coverages required by the United States to

protect it and its agencies against the possibility of loss or

liability in connection with property owned by the United States

and loaned to the system pursuant to the provisions of the

National Industrial Reserve Act of 1948, 50 U.S.C. Secs. 451-462.

Acts 1971, 62nd Leg., p. 3319, ch. 1024, art. 1, Sec. 1, eff.

Sept. 1, 1971. Amended by Acts 1991, 72nd Leg., ch. 287, Sec. 20,

eff. Sept. 1, 1991.

Sec. 135.58. WORKERS' COMPENSATION INSURANCE. The board may

provide workers' compensation insurance for its employees

according to the provisions of Chapter 229, Acts of the 50th

Legislature, 1947, as amended (Article 8309b, Vernon's Texas

Civil Statutes).

Acts 1971, 62nd Leg., p. 3319, ch. 1024, art. 1, Sec. 1, eff.

Sept. 1, 1971. Amended by Acts 1991, 72nd Leg., ch. 287, Sec. 21,

eff. Sept. 1, 1991.

Sec. 135.59. CONTRACTS WITH INSTITUTIONS OF HIGHER EDUCATION.

The board may enter into any contracts and agreements with an

institution of higher education, as defined by Section 61.003 of

this code, or a private or independent college or university that

is accredited by a recognized accrediting agency under Section

61.003 of this code, for joint participation in programs that may

be designed to benefit the State of Texas.

Acts 1971, 62nd Leg., p. 3319, ch. 1024, art. 1, Sec. 1, eff.

Sept. 1, 1971. Amended by Acts 1991, 72nd Leg., ch. 287, Sec. 22,

eff. Sept. 1, 1991.

Sec. 135.60. EMINENT DOMAIN. (a) The board may exercise the

power of eminent domain to acquire land, clearance easements for

airport zoning, and facilities in any of the counties in which a

campus is located or in a county adjacent to one of those

counties.

(b) The board must exercise the power of eminent domain in the

manner provided by Chapter 21, Property Code, but the board is

not required to provide a bond for appeal or a bond for costs.

Added by Acts 1991, 72nd Leg., ch. 287, Sec. 23, eff. Sept. 1,

1991.

Sec. 135.61. FORECASTING TECHNICAL EDUCATION PROGRAM NEEDS. (a)

The board shall develop and administer a program to forecast the

types of technical education programs that are needed to maintain

and improve the state's economic and technological

competitiveness.

(b) The program shall review the state's business and industry

workforce needs for trained and educated workers and suggest

specific technical education programs in specific areas that are

needed to ensure or that would enhance the state's economic and

technological competitiveness. The board may recommend the

creation of new technical education programs or new methods of

delivering technical education programs.

(c) The board shall provide information and recommendations

developed under the program to any institution of higher

education, as defined by Section 61.003, that:

(1) provides technical education programs; or

(2) the board determines should offer technical education

programs for the purpose of Subsection (a).

Added by Acts 1999, 76th Leg., ch. 1563, Sec. 1, eff. June 19,

1999.