1. (a) The Texas Education Code, §130.253, requires the Board to determine that:

   1. (1) the branch campus maintenance tax rate does not exceed five cents on each $100 valuation of all taxable property;
   2. (2) a certified petition or needs assessment has been submitted by the appropriate authorities to the Board; and
   3. (3) the proposed tax is feasible and desirable based on the criteria set forth in §8.96(b) of this subchapter (relating to Feasibility Study).

2. (b) A Board Committee may conduct one or more public hearings in the proposed jurisdiction to:

   1. (1) assess public sentiment regarding the levying of a branch campus maintenance tax;
   2. (2) determine whether programs in the proposed jurisdiction would create unnecessary duplication or seriously harm programs in existing community/junior college districts or other institutions of higher education in the area; and
   3. (3) assess the potential impact of the proposed jurisdiction on existing community/junior colleges or other institutions of higher education in the area and on the State of Texas.
3. (c) After the feasibility study has been reviewed and, if applicable, public hearings are conducted by a Board Committee, a report from Board staff shall be submitted to the Commissioner indicating whether the criteria as set out in this subchapter have been met. The report shall include a recommendation for approval or denial of the request for approval to hold an election to levy a branch campus maintenance tax but shall not be binding on the Commissioner or the Board.

Source Note:The provisions of this §8.97 adopted to be effective May 13, 2026, 51 TexReg 3101.