Sec. 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, Sec. 1.  Renumbered from Education Code Sec. 51.036 by Acts 1971, 62nd Leg., p. 3287, ch. 1024, art. 1, Sec. 1, eff. Sept. 1, 1971.  Amended by Acts 1985, 69th Leg., ch. 302, Sec. 2, eff. June 7, 1985.