1. (a) The governing body proposing the branch campus maintenance tax shall carry out a feasibility study on the feasibility and desirability of the proposed tax. The feasibility study may be carried out by the governing body or by professional contracted by the governing body.

2. (b) The feasibility study shall consider and address:

   1. (1) Demographic and economic characteristics of the jurisdiction seeking to establish the maintenance tax, including such things as:

      1. (A) population trends by age group;
      2. (B) economic development trends and projection;
      3. (C) employment trends and projection;
      4. (D) educational levels by age group; and
      5. (E) college-bound data (i.e., trends by age group).

   2. (2) The financial status of the proposed jurisdiction to be taxed and the state as a whole, including:

      1. (A) any projected growth or decline in the tax base; and
      2. (B) trends in state appropriations for community/junior colleges and other institutions of higher education.

   3. (3) financial or other limitations on existing institutions of higher education inhibiting the offering of programs and services in the proposed jurisdiction;

      1. (A) availability of facilities, libraries, and equipment for institutions to offer classes in the proposed jurisdiction;
      2. (B) distance and traffic patterns to existing institutions of higher education;
      3. (C) effect on enrollments of existing institutions of higher education; and
      4. (D) effect on financing of existing institutions of higher education.
   4. (4) The governing body must approve the feasibility study at a lawfully called and held meeting via a resolution.
   5. (5) The governing body shall send the feasibility study and resolution to the Coordinating Board a minimum of 45 days before the quarterly meeting of the Board.

Source Note:The provisions of this §8.96 adopted to be effective May 13, 2026, 51 TexReg 3101.