By Grusendorf H.B. No. 2412
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to public education; granting the power of eminent domain.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 ARTICLE 1. COUNTY FINANCE DISTRICTS AND
1-5 CAMPUS-BASED GOVERNANCE
1-6 SECTION 1.01. Title 2, Education Code, is amended by adding
1-7 Chapter 35 to read as follows:
1-8 CHAPTER 35. COUNTY FINANCE DISTRICTS AND CAMPUS-BASED GOVERNANCE
1-9 SUBCHAPTER A. GENERAL PROVISIONS
1-10 Sec. 35.001. APPLICATION. (a) Public schools are financed
1-11 by a county finance district. Each public school is governed by a
1-12 campus school board.
1-13 (b) A power or duty under this code applicable to the board
1-14 of trustees of an independent school district that relates to the
1-15 provision of school facilities or to public school financing
1-16 applies to the board of trustees of a county finance district. All
1-17 other powers or duties under this code applicable to the board of
1-18 an independent school district apply to each campus school board.
1-19 The powers and duties of the superintendent of an independent
1-20 school district in regard to a campus apply to the principal of the
1-21 campus.
1-22 (c) As necessary to provide for efficient and proper
1-23 administration, the commissioner of education may by rule modify
2-1 the disposition of powers and duties under Subsection (b) of this
2-2 section to designate a different public school entity or officer
2-3 that is authorized for purposes of this chapter to exercise a power
2-4 under this code or required to perform a duty under this code.
2-5 Sec. 35.002. ENROLLMENT. A child who would be entitled to
2-6 admission to a public school in a school district in the county
2-7 under Section 21.031 of this code is entitled to enroll at any
2-8 public school campus in the county that provides educational
2-9 services for the child's grade level.
2-10 (Sections 35.003-35.020 reserved for expansion
2-11 SUBCHAPTER B. COUNTY FINANCE DISTRICTS
2-12 Sec. 35.021. DISTRICTS. The territory of the county
2-13 constitutes a county finance district established to provide
2-14 facilities and to provide maintenance and operation revenue for the
2-15 public schools in the county.
2-16 Sec. 35.022. BOARD. (a) Each county finance district is
2-17 governed by a board of five directors.
2-18 (b) The county judge and each member of the commissioners
2-19 court shall appoint one member to the board.
2-20 (c) Each member of the board shall serve a term of four
2-21 years.
2-22 (d) The board shall fill a vacancy in a board office for the
2-23 unexpired term.
2-24 (e) The board shall elect from its membership a president
2-25 and a secretary.
3-1 Sec. 35.023. GENERAL POWERS. (a) The board of trustees of
3-2 a county finance district is a body corporate and in the name of
3-3 the district may acquire and hold real and personal property, sue
3-4 and be sued, and receive bequests, donations, or other funds.
3-5 (b) All rights and titles to property of the district are
3-6 vested in the board of trustees.
3-7 Sec. 35.024. TAXES; BONDS. (a) The county finance district
3-8 is the only entity that may levy taxes in the county for the
3-9 support of the public schools in the county. The district has the
3-10 same authority as an independent school district to levy and
3-11 collect taxes. The district may also issue bonds in the same
3-12 manner as an independent school district.
3-13 (b) The county tax assessor-collector shall act as
3-14 assessor-collector for the district.
3-15 Sec. 35.025. DISTRIBUTION OF REVENUE; FACILITIES. (a) The
3-16 board, after withholding the minimum amount necessary for the
3-17 performance of the board's limited functions, shall distribute
3-18 maintenance and operations taxes collected under Chapter 20 of this
3-19 code and all state funds received for the maintenance and operation
3-20 of public schools to the campuses in the county in an amount per
3-21 student according to a formula developed by the commissioner of
3-22 education considering the costs of educating different types of
3-23 students.
3-24 (b) The board shall provide facilities that the board
3-25 considers appropriate for the needs of the public school students
4-1 in the county at the number of campuses and at the locations that
4-2 the board considers appropriate.
4-3 Sec. 35.026. TRANSPORTATION. A county finance district may
4-4 contract for transportation services for the public school campuses
4-5 in the county. If it contracts for transportation services, the
4-6 board may retain from the amount otherwise distributed under
4-7 Section 35.025(a) of this code the lesser of:
4-8 (1) the amount of state funds allocated for
4-9 transportation and the corresponding amount of maintenance and
4-10 operation tax revenue necessary to provide the transportation; or
4-11 (2) the actual costs of the transportation services.
4-12 Sec. 35.027. EMINENT DOMAIN. A county finance district has
4-13 the power by the exercise of the right of eminent domain to acquire
4-14 the fee simple title to real property for the purpose of securing
4-15 sites for school buildings or for other purposes necessary for the
4-16 operation of the public school campuses in the county finance
4-17 district.
4-18 (Sections 35.028-35.040 reserved for expansion
4-19 SUBCHAPTER C. LOCAL CAMPUS CONTROL
4-20 Sec. 35.041. CAMPUS SCHOOL BOARD. (a) Each public school
4-21 in the county is under the control and management of a campus
4-22 school board.
4-23 (b) Each campus school board consists of five members who
4-24 are selected annually, three of whom are parents of students
4-25 enrolled at the campus and two of whom are teachers who teach at
5-1 the campus. The parent members are selected by the parents of the
5-2 students enrolled at the campus, and the teacher members are
5-3 selected by the teachers who teach at the campus. The members of
5-4 the campus school board are selected in the manner provided by rule
5-5 of the State Board of Education.
5-6 (c) Each member of a campus school board shall qualify by
5-7 taking the official oath of office. The members shall select a
5-8 president and a secretary-treasurer.
5-9 Sec. 35.042. GENERAL POWERS AND DUTIES. (a) A campus
5-10 school board is a body corporate and in the name of the campus may
5-11 acquire and hold personal property, sue and be sued, and receive
5-12 bequests, donations, or other funds.
5-13 (b) The campus school board has the exclusive power to
5-14 manage and govern the campus.
5-15 (c) All rights and titles to the personal property of the
5-16 campus are vested in the campus school board.
5-17 (d) The campus school board may contract for the provision
5-18 of services at the campus.
5-19 (e) The campus school board may adopt rules that the board
5-20 considers proper.
5-21 Sec. 35.043. CONTRACTS WITH OFFICERS AND TEACHERS. (a) The
5-22 campus school board may employ by contract one or more principals,
5-23 other executive officers, and teachers for terms not to exceed one
5-24 year. The board may not offer a contract to a teacher unless the
5-25 teacher has been recommended to the board by the principal.
6-1 (b) The board and the principal shall use a personnel agency
6-2 or cooperative to assist in the selection of staff to ensure
6-3 compliance with all local, state, and federal laws and regulations.
6-4 Sec. 35.044. BUDGET. (a) On or before a date set by the
6-5 State Board of Education, the campus school board shall adopt a
6-6 budget covering all estimated revenue and proposed expenditures of
6-7 the campus for the next succeeding fiscal year.
6-8 (b) The budget must be prepared according to generally
6-9 accepted accounting principles.
6-10 (c) When the budget is prepared, the president shall call a
6-11 meeting of the board, giving 10 days' public notice and stating
6-12 that the purpose of the meeting is the adoption of a budget for the
6-13 succeeding fiscal year.
6-14 (d) Public funds of the campus may not be expended in any
6-15 manner other than as provided by the budget adopted by the board.
6-16 The board may amend the budget or adopt a supplementary emergency
6-17 budget to cover necessary unforeseen expenses.
6-18 Sec. 35.045. ACCOUNTING SYSTEM. (a) The campus school
6-19 board shall adopt a standard school fiscal accounting system that
6-20 conforms with generally accepted accounting principles.
6-21 (b) The campus school board shall maintain a record of all
6-22 revenues received and of all expenditures made during the fiscal
6-23 year for which a budget is adopted.
6-24 SECTION 1.02. Subchapter A, Chapter 16, Education Code, is
6-25 amended by adding Section 16.004 to read as follows:
7-1 Sec. 16.004. COUNTY FINANCE DISTRICTS. A county finance
7-2 district established under Chapter 35 of this code is entitled to
7-3 funding under this chapter. The county finance district shall
7-4 distribute funds received under this chapter, other than
7-5 transportation funds or second tier funds generated by debt taxes,
7-6 to the public school campuses in the county as provided by a
7-7 formula adopted by the commissioner of education.
7-8 SECTION 1.03. Section 16.051, Education Code, is amended to
7-9 read as follows:
7-10 Sec. 16.051. REQUIRED COMPLIANCE. In order for a county
7-11 finance district to distribute funds under this chapter based on
7-12 the average daily attendance of students at a public school campus
7-13 in the district, the campus <to receive financial support from the
7-14 Foundation School Fund, a school district> must comply with the
7-15 standards established by the commissioner of education <set forth
7-16 in this subchapter>.
7-17 SECTION 1.04. Section 16.251(b), Education Code, is amended
7-18 to read as follows:
7-19 (b) The program shall be financed by:
7-20 (1) ad valorem tax revenue generated by <an equalized
7-21 uniform> county finance <education> district effort;
7-22 (2) <ad valorem tax revenue generated by local school
7-23 district effort in excess of the equalized uniform county education
7-24 district effort;>
7-25 <(3)> state available school funds distributed in
8-1 accordance with law; and
8-2 (3) <(4)> state funds appropriated for the purposes of
8-3 public school education and allocated to each county finance
8-4 district in an amount sufficient to finance the cost of each
8-5 district's Foundation School Program not covered by other funds
8-6 specified in this subsection.
8-7 SECTION 1.05. Sections 16.252(a), (d), and (e), Education
8-8 Code, are amended to read as follows:
8-9 (a) Each county finance <education> district's share of the
8-10 Foundation School Program shall be an amount determined by the
8-11 following formula:
8-12 where:
8-13 "LFA" is the county finance <education> district's
8-14 local share;
8-15 "TR" is a tax rate which for each hundred dollars of
8-16 valuation is $0.72 for the 1991-1992 school year, $0.82 for the
8-17 1992-1993 school year, <$0.92 for the 1993-1994 school year,> and
8-18 <$1.00> for each school year thereafter; and
8-19 "DPV" is the taxable value of property in the county
8-20 <education district> for the prior tax year determined under
8-21 Section 11.86 of this code.
8-22 (d) A county finance <education> district shall raise its
8-23 total local share of the foundation school program. <The funds
8-24 shall be reallocated to the school districts in the county
8-25 education district in the manner prescribed by Subchapter J of this
9-1 chapter.>
9-2 (e) The commissioner of education shall hear appeals from
9-3 county finance <education> districts which have experienced a rapid
9-4 decline in tax base used in calculating the local fund assignment,
9-5 exceeding eight percent of prior year, that is beyond the control
9-6 of the board of directors <trustees> of the county finance
9-7 <education> district. The commissioner of education may adjust the
9-8 county finance <education> district's taxable values for local fund
9-9 assignment purposes for such losses in value exceeding eight
9-10 percent and thereby adjust the local fund assignment to reflect the
9-11 local current year taxable value. The decision of the commissioner
9-12 of education shall be final. An adjustment does not affect the
9-13 local fund assignment of any other county finance <education>
9-14 district.
9-15 SECTION 1.06. Sections 16.254(a)-(c), Education Code, are
9-16 amended to read as follows:
9-17 (a) The commissioner of education shall determine annually:
9-18 (1) the amount of money necessary to operate a
9-19 Foundation School Program in each county finance <school> district;
9-20 (2) the amount of <local funds due the school district
9-21 from> the local fund assignment of the county finance <education>
9-22 district; and
9-23 (3) the amount of state available school funds
9-24 distributed to each county finance <school> district.
9-25 (b) The commissioner of education shall then grant to each
10-1 county finance <school> district from the Foundation School Program
10-2 appropriation the amount of funds necessary to provide the
10-3 difference between Subdivision (1) and the sum of Subdivisions (2)
10-4 and (3) of Subsection (a) of this section.
10-5 (c) The commissioner shall approve warrants to each county
10-6 finance <school> district equaling the amount of its grant.
10-7 Warrants for all money expended according to the provisions of this
10-8 chapter shall be approved and transmitted to treasurers or
10-9 depositories of county finance <school> districts in the same
10-10 manner as warrants for state apportionment are transmitted.
10-11 SECTION 1.07. Section 16.302(a), Education Code, is amended
10-12 to read as follows:
10-13 (a) Each county finance <school> district is guaranteed a
10-14 specified amount per weighted student in state and local funds for
10-15 each cent of tax effort over that required for the local fund
10-16 assignment of the county finance <education> district <in which the
10-17 school district is located> up to the maximum level specified in
10-18 this subchapter. The amount of state support, subject only to the
10-19 maximum amount under Section 16.303 of this code, is determined by
10-20 the formula:
10-21 where:
10-22 "GYA" is the guaranteed yield amount of state funds to
10-23 be allocated to the district;
10-24 "GL" is the dollar amount guaranteed level of state and
10-25 local funds per weighted student per cent of tax effort, which is
11-1 <$21.50 for the 1991-1992 school year, $22.50 for the 1992-1993
11-2 school year,> $26 for the 1993-1994 school year<,> and <$28> for
11-3 each school year thereafter, or a greater amount for any year
11-4 provided by appropriation, or a greater amount adopted by the
11-5 foundation school fund budget committee under Section 16.256(d) of
11-6 this code <for the 1993-1994 or 1994-1995 school year or
11-7 thereafter>;
11-8 "WADA", except as provided by Section 16.206 of this
11-9 code, is the number of weighted students in average daily
11-10 attendance, which is calculated by dividing the sum of the county
11-11 finance <school> district's allotments under Subchapters C and D of
11-12 this chapter, less any allotments to the district for
11-13 transportation, career ladder supplements, or technology and 50
11-14 percent of the adjustment under Section 16.102 of this code, by the
11-15 basic allotment for the applicable year;
11-16 "DTR" is the district enrichment and facilities tax
11-17 rate of the county finance <school> district, which is determined
11-18 by dividing the total amount of taxes collected by the <school>
11-19 district for the applicable school year by the quotient of the
11-20 district's taxable value of property as determined under Section
11-21 11.86 of this code divided by 100; and
11-22 "LR" is the local revenue, which is determined by
11-23 multiplying "DTR" by the quotient of the district's taxable value
11-24 of property as determined under Section 11.86 of this code divided
11-25 by 100.
12-1 SECTION 1.08. Section 11.86(a), Education Code, is amended
12-2 to read as follows:
12-3 (a) The comptroller shall conduct an annual study using
12-4 comparable sales and generally accepted auditing and sampling
12-5 techniques to determine the total value of all taxable property in
12-6 each county finance <education school> district <and each of its
12-7 component school districts>. The study shall determine the taxable
12-8 value of all property and of each category of property within the
12-9 district and the productivity value of all land that qualifies for
12-10 appraisal on the basis of its productive capacity and for which the
12-11 owner has applied for and received a productivity appraisal. In
12-12 conducting the study, the comptroller shall review the appraisal
12-13 standards, procedures, and methodology used by each appraisal
12-14 district to determine the taxable value of property in each school
12-15 district. The review must test the validity of the taxable values
12-16 assigned to each category of property by the appraisal district:
12-17 (1) using, if appropriate, samples selected through
12-18 generally accepted sampling techniques; and
12-19 (2) according to generally accepted standard
12-20 valuation, statistical compilation, and analysis techniques. If
12-21 the comptroller finds in the annual study that generally accepted
12-22 appraisal standards and practices were used by the appraisal
12-23 district in valuing a particular category of property, and that the
12-24 taxable values assigned to each category of property by the
12-25 appraisal district are valid, the appraisal roll value of that
13-1 category of property is presumed to represent taxable value. In
13-2 the absence of such a presumption, the comptroller shall estimate
13-3 the taxable value of that category of property using generally
13-4 accepted standard valuation, statistical compilation, and analysis
13-5 techniques. For the purposes of this section, "taxable value"
13-6 means market value less:
13-7 (1) the total dollar amount of any exemptions of part
13-8 but not all of the value of taxable property required by the
13-9 constitution or a statute that a district lawfully granted in the
13-10 year that is the subject of the study;
13-11 (2) the total dollar amount of any exemptions granted
13-12 within a reinvestment zone under agreements authorized by the
13-13 Property Redevelopment and Tax Abatement Act (Chapter 312, Tax
13-14 Code);
13-15 (3) the total dollar amount of any captured appraised
13-16 value of property that is located in a reinvestment zone and that
13-17 is eligible for tax increment financing under the Tax Increment
13-18 Financing Act (Chapter 311, Tax Code);
13-19 (4) the total dollar amount of any exemptions granted
13-20 under Section 11.251, Tax Code;
13-21 (5) the difference between the market value and the
13-22 productivity value of land that qualifies for appraisal on the
13-23 basis of its productive capacity, except that the productivity
13-24 value may not exceed the fair market value of the land;
13-25 (6) the portion of the appraised value of residence
14-1 homesteads of the elderly on which school district taxes are not
14-2 imposed in the year that is the subject of the study, calculated as
14-3 if the residence homesteads were appraised at the full value
14-4 required by law;
14-5 (7) a portion of the market value of property not
14-6 otherwise fully taxable by the district at market value because of
14-7 action required by statute or the Texas Constitution that, if the
14-8 tax rate adopted by the district is applied to it, produces an
14-9 amount equal to the difference between the tax that the district
14-10 would have imposed on the property if the property were fully
14-11 taxable at market value and the tax that the district is actually
14-12 authorized to impose on the property; and
14-13 (8) the market value of all tangible personal
14-14 property, other than manufactured homes, owned by a family or
14-15 individual and not held or used for the production of income.
14-16 SECTION 1.09. Section 21.063, Education Code, is amended to
14-17 read as follows:
14-18 Sec. 21.063. Tuition Fee for Transfer Students. The
14-19 receiving district may charge a tuition fee to the extent that the
14-20 district's actual expenditure per student in average daily
14-21 attendance, determinable by its board of trustees, exceeds the sum
14-22 the district benefits from state aid sources as provided in Section
14-23 21.062 of this code <and county education funds distributed under
14-24 Subchapter J, Chapter 16, of this code>. However, unless a tuition
14-25 fee is prescribed and set out in transfer agreement prior to its
15-1 execution by the parties, no increase in tuition charge shall be
15-2 made for the year of that transfer that exceeds the tuition charge,
15-3 if any, of the preceding school year.
15-4 SECTION 1.10. Section 1.04, Tax Code, is amended by
15-5 amending Subdivision (12) and adding Subdivision (20) to read as
15-6 follows:
15-7 (12) "Taxing unit" means a county, an incorporated
15-8 city or town (including a home-rule city), <a school district,> a
15-9 county finance <education> district, a special district or
15-10 authority (including a junior college district, a hospital
15-11 district, a district created by or pursuant to the Water Code, a
15-12 mosquito control district, a fire prevention district, or a noxious
15-13 weed control district), or any other political unit of this state,
15-14 whether created by or pursuant to the constitution or a local,
15-15 special, or general law, that is authorized to impose and is
15-16 imposing ad valorem taxes on property even if the governing body of
15-17 another political unit determines the tax rate for the unit or
15-18 otherwise governs its affairs.
15-19 (20) "County finance district" means a county finance
15-20 district created under Chapter 35, Education Code.
15-21 SECTION 1.11. Section 6.02(b), Tax Code, is amended to read
15-22 as follows:
15-23 (b) A taxing unit <other than a county education district>
15-24 that has boundaries extending into two or more counties may choose
15-25 to participate in only one of the appraisal districts. In that
16-1 event, the boundaries of the district chosen extend outside the
16-2 county to the extent of the unit's boundaries. To be effective,
16-3 the choice must be approved by resolution of the board of directors
16-4 of the district chosen. <A county education district that has
16-5 boundaries extending into two or more counties must participate in
16-6 each appraisal district in which one of its component school
16-7 districts participates for purposes of appraisal of the component
16-8 school district's territory.>
16-9 SECTION 1.12. Sections 6.03(c)-(e), Tax Code, are amended to
16-10 read as follows:
16-11 (c) Members of the board of directors are appointed by vote
16-12 of the governing bodies of the incorporated cities and towns, the
16-13 county finance <school> districts <other than the county education
16-14 district>, and, if entitled to vote, the conservation and
16-15 reclamation districts that participate in the district and of the
16-16 county. A governing body may cast all its votes for one candidate
16-17 or distribute them among candidates for any number of
16-18 directorships. Conservation and reclamation districts are not
16-19 entitled to vote unless at least one conservation and reclamation
16-20 district in the district delivers to the chief appraiser a written
16-21 request to nominate and vote on the board of directors by June 1 of
16-22 each odd-numbered year. On receipt of a request, the chief
16-23 appraiser shall certify a list by June 15 of all eligible
16-24 conservation and reclamation districts that are imposing taxes and
16-25 that participate in the district.
17-1 (d) The voting entitlement of a taxing unit that is entitled
17-2 to vote for directors is determined by dividing the total dollar
17-3 amount of property taxes imposed in the district by the taxing unit
17-4 for the preceding tax year by the sum of the total dollar amount of
17-5 property taxes imposed in the district for that year by each taxing
17-6 unit that is entitled to vote, by multiplying the quotient by
17-7 1,000, and by rounding the product to the nearest whole number.
17-8 That number is multiplied by the number of directorships to be
17-9 filled. <For a school district, the total dollar amount of
17-10 property taxes imposed in the district by the unit is considered to
17-11 be the sum of the taxes imposed by the district and the revenue
17-12 received by the district from the county education district.> A
17-13 taxing unit participating in two or more districts is entitled to
17-14 vote in each district in which it participates, but only the taxes
17-15 imposed in a district are used to calculate voting entitlement in
17-16 that district.
17-17 (e) The chief appraiser shall calculate the number of votes
17-18 to which each taxing unit other than a conservation and reclamation
17-19 district is entitled and shall deliver written notice to each of
17-20 those units of its voting entitlement before October 1 of each
17-21 odd-numbered year. The chief appraiser shall deliver the notice:
17-22 (1) to the county judge and each commissioner of the
17-23 county served by the appraisal district;
17-24 (2) to the presiding officer of the governing body of
17-25 each city or town participating in the appraisal district, to the
18-1 city manager of each city or town having a city manager, and to the
18-2 city secretary or clerk, if there is one, of each city or town that
18-3 does not have a city manager; and
18-4 (3) to the presiding officer of the governing body of
18-5 the county finance <each school> district<, other than the county
18-6 education district,> participating in the district <and to the
18-7 superintendent of those school districts>.
18-8 SECTION 1.13. Sections 6.06(d) and (h), Tax Code, are
18-9 amended to read as follows:
18-10 (d) Each taxing unit participating in the district<, other
18-11 than a county education district,> is allocated a portion of the
18-12 amount of the budget equal to the proportion that the total dollar
18-13 amount of property taxes imposed in the district by the unit for
18-14 the tax year in which the budget proposal is prepared bears to the
18-15 sum of the total dollar amount of property taxes imposed in the
18-16 district by each participating unit for that year. <For a school
18-17 district, other than a county education district, the total dollar
18-18 amount of property taxes imposed in the district by the unit is
18-19 considered to be the sum of the taxes imposed by the district and
18-20 the revenue received by the district from the county education
18-21 district.> If a taxing unit participates in two or more districts,
18-22 only the taxes imposed in a district are used to calculate the
18-23 unit's cost allocations in that district. If the number of real
18-24 property parcels in a taxing unit is less than 5 percent of the
18-25 total number of real property parcels in the district and the
19-1 taxing unit imposes in excess of 25 percent of the total amount of
19-2 the property taxes imposed in the district by all of the
19-3 participating taxing units for a year, the unit's allocation may
19-4 not exceed a percentage of the appraisal district's budget equal to
19-5 three times the unit's percentage of the total number of real
19-6 property parcels appraised by the district.
19-7 (h) If a newly formed taxing unit or a taxing unit that did
19-8 not impose taxes in the preceding year<, other than a county
19-9 education district,> imposes taxes in any tax year, that unit is
19-10 allocated a portion of the amount budgeted to operate the district
19-11 as if it had imposed taxes in the preceding year, except that the
19-12 amount of taxes the unit imposes in the current year is used to
19-13 calculate its allocation. Before the amount of taxes to be imposed
19-14 for the current year is known, the allocation may be based on an
19-15 estimate to which the district board of directors and the governing
19-16 body of the unit agree, and the payments made after that amount is
19-17 known shall be adjusted to reflect the amount imposed. The
19-18 payments of a newly formed taxing unit that has no source of funds
19-19 are postponed until the unit has received adequate tax or other
19-20 revenues.
19-21 SECTION 1.14. Sections 11.13(d), (e), (m), and (n), Tax
19-22 Code, are amended to read as follows:
19-23 (d) In addition to the exemptions provided by Subsections
19-24 (b) and (c) of this section, an individual who is disabled or is 65
19-25 or older is entitled to an exemption from taxation by a taxing unit
20-1 of a portion (the amount of which is fixed as provided by
20-2 Subsection (e) of this section) of the appraised value of his
20-3 residence homestead if the exemption is adopted either:
20-4 (1) by the governing body of the taxing unit <other
20-5 than a county education district>; or
20-6 (2) by a favorable vote of a majority of the qualified
20-7 voters of the taxing unit at an election called by the governing
20-8 body of a taxing unit <other than a county education district>, and
20-9 the governing body shall call the election on the petition of at
20-10 least 20 percent of the number of qualified voters who voted in the
20-11 preceding election of the taxing unit<; or>
20-12 <(3) by a favorable vote of a majority of the
20-13 qualified voters of a county education district at an election held
20-14 under Section 20.950, Education Code>.
20-15 (e) The amount of an exemption adopted as provided by
20-16 Subsection (d) of this section is $3,000 of the appraised value of
20-17 the residence homestead unless a larger amount is specified by:
20-18 (1) the governing body authorizing the exemption if
20-19 the exemption is authorized as provided by Subdivision (1) of
20-20 Subsection (d) of this section; or
20-21 (2) the petition for the election if the exemption is
20-22 authorized as provided by Subdivision (2) of Subsection (d) of this
20-23 section<; or>
20-24 <(3) the proposition approved at an election held
20-25 under Section 20.950, Education Code>.
21-1 (m) In this section:
21-2 (1) "Disabled" means under a disability for purposes
21-3 of payment of disability insurance benefits under Federal Old-Age,
21-4 Survivors, and Disability Insurance.
21-5 (2) "School district" means a county finance district
21-6 <political subdivision organized to provide general elementary and
21-7 secondary public education>. <"School district" includes a county
21-8 education district established by the consolidation of the local
21-9 school districts in its boundaries for the limited purpose of
21-10 exercising a portion of the taxing power previously authorized by
21-11 the voters in those school districts.> "School district" does not
21-12 include a junior college district or a political subdivision
21-13 organized to provide special education services.
21-14 (n) In addition to any other exemptions provided by this
21-15 section, an individual is entitled to an exemption from taxation by
21-16 a taxing unit <other than a county education district> of a
21-17 percentage of the appraised value of his residence homestead if the
21-18 exemption is adopted by the governing body of the taxing unit
21-19 before May 1 in the manner provided by law for official action by
21-20 the body. If the percentage set by the taxing unit produces an
21-21 exemption in a tax year of less than $5,000 when applied to a
21-22 particular residence homestead, the individual is entitled to an
21-23 exemption of $5,000 of the appraised value. The percentage adopted
21-24 by the taxing unit may not exceed 20 percent. <In addition to any
21-25 other exemptions provided by this section, an individual is
22-1 entitled to an exemption from taxation by a county education
22-2 district of a percentage of the appraised value of his residence
22-3 homestead if the exemption is adopted by the voters of the district
22-4 at an election held in the district for that purpose under Section
22-5 20.946, Education Code. If the percentage set by the voters
22-6 produces an exemption in a tax year of less than $5,000 when
22-7 applied to a particular residence homestead, the individual is
22-8 entitled to an exemption of $5,000 of the appraised value. The
22-9 percentage adopted by the voters may not exceed 20 percent.>
22-10 SECTION 1.15. Sections 11.14(c) and (e), Tax Code, are
22-11 amended to read as follows:
22-12 (c) The governing body of a taxing unit<, other than a
22-13 county education district,> by resolution or order, depending upon
22-14 the method prescribed by law for official action by that governing
22-15 body, may provide for taxation of tangible personal property
22-16 exempted under Subsection (a). <The voters of a county education
22-17 district, by an election held under Section 20.951, Education Code,
22-18 may provide for taxation of tangible personal property exempted
22-19 under Subsection (a).> If a taxing unit provides for taxation of
22-20 tangible personal property as provided by this subsection, the
22-21 exemption prescribed by Subsection (a) does not apply to that unit.
22-22 (e) A political subdivision <other than a county education
22-23 district> choosing to tax property otherwise made exempt by this
22-24 section, pursuant to Article VIII, Section 1(e), of the Texas
22-25 Constitution, may not do so until the governing body of the
23-1 political subdivision has held a public hearing on the matter,
23-2 after having given notice of the hearing at the times and in the
23-3 manner required by this subsection, and has found that the action
23-4 will be in the public interest of all the residents of that
23-5 political subdivision. At the hearing, all interested persons are
23-6 entitled to speak and present evidence for or against taxing the
23-7 property. Not later than the 30th day prior to the date of a
23-8 hearing held under this subsection, notice of the hearing must be:
23-9 (1) published in a newspaper having general
23-10 circulation in the political subdivision and in a section of the
23-11 newspaper other than the advertisement section;
23-12 (2) not less than one-half of one page in size; and
23-13 (3) republished on not less than three separate days
23-14 during the period beginning with the 10th day prior to the hearing
23-15 and ending with the actual date of the hearing.
23-16 SECTION 1.16. (a) The funds, real property, and
23-17 transportation equipment and supplies of a school district are
23-18 transferred to the county finance district in which the school
23-19 district is located, except as provided by Subsection (f) of this
23-20 section.
23-21 (b) On the effective date of this Act, the personal property
23-22 of a school district that is located at a campus is transferred to
23-23 the campus school board of that campus. The remaining personal
23-24 property of the school district is transferred to the county
23-25 finance district for its use or for distribution to a campus in the
24-1 district as appropriate.
24-2 (c) In the contracts and other liabilities of a school
24-3 district that are related to the powers and duties of a county
24-4 finance district, the county finance district of that county is
24-5 substituted for the school district. In the remainder of the
24-6 contracts and other liabilities of the district, the campus school
24-7 boards of the schools in the county are substituted for the school
24-8 district as provided by rule of the commissioner of education.
24-9 (d) A county finance district may collect and use or
24-10 distribute taxes imposed by the county education district of that
24-11 county or by a school district located in that county that are
24-12 delinquent, except as provided by Subsection (f) of this section.
24-13 (e) Each independent school district is abolished on a date
24-14 certified to the commissioner of education by the board of trustees
24-15 as the date on which the district has executed the transfer of
24-16 property and responsibility under this Act and has concluded its
24-17 business.
24-18 (f) If a school district is located in two or more counties,
24-19 real property of the school district is transferred to the county
24-20 finance district in which the real property is located. The other
24-21 assets and liabilities of the school district shall be divided
24-22 among the county finance districts in which the school district is
24-23 located and their campuses in the manner provided by rule of the
24-24 commissioner of education.
24-25 SECTION 1.17. (a) All county education districts are
25-1 abolished.
25-2 (b) All funds and other assets of each county education
25-3 district shall be allocated to its component school districts in
25-4 proportion to the total amount contributed by each component school
25-5 district to the county education district in accordance with rules
25-6 adopted by the commissioner of education and distributed to a
25-7 county finance district as provided by Section 1.16 of this
25-8 article.
25-9 SECTION 1.18. (a) The following provisions of the Education
25-10 Code are repealed:
25-11 (1) Sections 1.05, 11.86(h), 16.007(c), 16.010,
25-12 16.011, 19.026, and 20.09;
25-13 (2) Subchapter J, Chapter 16; and
25-14 (3) Subchapter G, Chapter 20.
25-15 (b) The following sections of the Tax Code are
25-16 repealed: 6.061(f), 26.12(e), and 312.002(e) and (f).
25-17 SECTION 1.19. This article takes effect immediately and
25-18 applies beginning with the 1993-1994 school year.
25-19 ARTICLE 2. STATE GOVERNANCE
25-20 SECTION 2.01. (a) The commissioner of education shall,
25-21 before January 30, 1994, reduce the staff of the Central Education
25-22 Agency by the equivalent of 20 percent of the full-time positions
25-23 on the effective date of this article.
25-24 (b) The commissioner of education shall, before January 30,
25-25 1995, reduce the staff of the Central Education Agency by the
26-1 equivalent of 40 percent of the full-time positions on the
26-2 effective date of this article.
26-3 SECTION 2.02. This article takes effect immediately.
26-4 ARTICLE 3. ALTERNATIVE CERTIFICATION
26-5 SECTION 3.01. Section 13.035, Education Code, is amended by
26-6 adding Subsection (d) to read as follows:
26-7 (d) The board, the commissioner of education, and regional
26-8 education service centers shall:
26-9 (1) encourage the entry into the teaching profession
26-10 of qualified persons through the alternative certification program;
26-11 (2) provide information to school districts relating
26-12 to the alternative certification program;
26-13 (3) assist school districts in providing the
26-14 supervision and training necessary under the alternative
26-15 certification program; and
26-16 (4) amend any rules that have the effect of
26-17 discouraging or restricting the participation of qualified persons
26-18 in the alternative certification program.
26-19 SECTION 3.02. This article takes effect immediately.
26-20 ARTICLE 4. SCHOOL CAMPUSES
26-21 SECTION 4.01. Subchapter Z, Chapter 21, Education Code, is
26-22 amended by adding Section 21.9013 to read as follows:
26-23 Sec. 21.9013. AGREEMENTS WITH INDEPENDENT CONTRACTORS;
26-24 COOPERATIVES. (a) A campus school board may enter into a
26-25 contract with an independent contractor to provide services that
27-1 the school is authorized to provide. A contract under this
27-2 subsection must be submitted to competitive bidding.
27-3 (b) A campus school board may form a cooperative with one
27-4 or more additional schools to provide services that the schools are
27-5 authorized to provide.
27-6 (c) The campus school board may elect not to enter into a
27-7 contract with an independent contractor or cooperative when the
27-8 total contract price is less than the actual costs incurred by the
27-9 school for delivering and administering the same services. If the
27-10 board elects not to enter into the contract, state funds may not be
27-11 used to provide the services. For comparison purposes, the school
27-12 shall assign all applicable costs, direct and indirect, in
27-13 accordance with generally accepted accounting practices.
27-14 SECTION 4.02. Sections 11.272(a)-(d), Education Code, are
27-15 amended to read as follows:
27-16 (a) Except as provided by Subsection (b) of this section, a
27-17 school campus <or district> that is rated exemplary under Section
27-18 21.753 of this code is exempt from requirements and prohibitions
27-19 imposed under this code, including rules adopted under this code.
27-20 (b) A school campus <or district> is not exempt under this
27-21 section from a prohibition on conduct that constitutes a criminal
27-22 offense. A school campus <or district> is not exempt under this
27-23 section from requirements imposed by federal law or rule, including
27-24 requirements for special education or bilingual education programs.
27-25 <Except as provided by Subsection (e) of this section, a school
28-1 campus or district is not exempt under this section from a
28-2 requirement or prohibition imposed by state law or rule relating
28-3 to:>
28-4 <(1) curriculum essential elements, excluding the
28-5 methodology used by a teacher and the time spent by a teacher or a
28-6 student on a particular task or subject;>
28-7 <(2) restrictions on extracurricular activities;>
28-8 <(3) health and safety;>
28-9 <(4) competitive bidding;>
28-10 <(5) textbook selection;>
28-11 <(6) elementary school class size limits;>
28-12 <(7) removal of a disruptive student from the
28-13 classroom;>
28-14 <(8) suspension or expulsion of a student;>
28-15 <(9) at-risk program;>
28-16 <(10) prekindergarten programs;>
28-17 <(11) minimum graduation requirements; or>
28-18 <(12) educational employee and educational support
28-19 employee rights and benefits. In this section, "educational
28-20 support employee" means a full-time or part-time school employee
28-21 not defined as a "teacher" by Section 21.201(l) of this code.>
28-22 (c) The Central Education Agency shall monitor and evaluate
28-23 deregulation of a school campus <or district> under this section
28-24 and Section 11.273 of this code and report annually on the effect
28-25 of deregulation on student achievement to the State Board of
29-1 Education, the Legislative Education Board, the governor, the
29-2 lieutenant governor, the speaker of the house of representatives,
29-3 and the legislature. The report must include a list of the
29-4 exemptions utilized and a review of the effectiveness of the
29-5 waivers and exemptions programs.
29-6 (d) The commissioner of education <State Board of Education>
29-7 in considering exemptions or waivers shall provide as much
29-8 regulatory relief as is practical and reasonable to campuses <or
29-9 districts> that are considered high performing<, beginning in the
29-10 1990-1991 school year>.
29-11 SECTION 4.03. Sections 11.273(a), (b), and (d)-(g),
29-12 Education Code, are amended to read as follows:
29-13 (a) Except as provided under Subsection (e) of this section,
29-14 a school campus <or district> may apply to the commissioner of
29-15 education for a waiver of a requirement or prohibition imposed by
29-16 law or rule that the campus <or district> determines inhibits
29-17 student achievement.
29-18 (b) An application under this section must include a written
29-19 plan developed by the campus principal <or district superintendent,
29-20 as appropriate,> and faculty <of the campus or district> that
29-21 states the achievement objectives of the campus <or district> and
29-22 the inhibition imposed on those objectives by the requirement or
29-23 prohibition and shall be approved by the campus school <district's>
29-24 board <of trustees>.
29-25 (d) A school campus <or district> for which a requirement or
30-1 prohibition is waived under this section for a period of three
30-2 years may receive an exemption from that requirement or prohibition
30-3 at the end of that period if the campus <or district> has fulfilled
30-4 the achievement objectives submitted to the commissioner under
30-5 Subsection (b) of this section. The exemption remains in effect
30-6 until the commissioner determines that achievement levels of the
30-7 campus <or district> have declined.
30-8 (e) A school campus <or district> may not receive an
30-9 exemption or waiver under this section from requirements imposed by
30-10 federal law or rule, including requirements for special education
30-11 or bilingual education programs. <A school campus or district may
30-12 not receive an exemption or waiver under this section from a
30-13 requirement or prohibition imposed by state law or rule relating
30-14 to:>
30-15 <(1) curriculum essential elements, excluding the
30-16 methodology used by a teacher and the time spent by a teacher or a
30-17 student on a particular task or subject;>
30-18 <(2) restrictions on extracurricular activities;>
30-19 <(3) health and safety;>
30-20 <(4) competitive bidding;>
30-21 <(5) elementary school class size limits;>
30-22 <(6) minimum graduation requirements;>
30-23 <(7) removal of a disruptive student from the
30-24 classroom;>
30-25 <(8) suspension or expulsion of a student;>
31-1 <(9) at risk program;>
31-2 <(10) prekindergarten programs;>
31-3 <(11) educational employee and educational support
31-4 employee rights and benefits. In this section, "educational
31-5 support employee" means a full-time or part-time school employee
31-6 not defined as a "teacher" by Section 21.201(l) of this code; or>
31-7 <(12) special education or bilingual education
31-8 programs.>
31-9 (f) A school <district or> campus that receives a waiver
31-10 under this section for textbook selection may select for purchase a
31-11 textbook not on a state-adopted multiple list. The textbook shall
31-12 be purchased by the school <district> and shall be used for the
31-13 same number of years for which the textbooks for the subject or
31-14 course are adopted by the State Board of Education. The unit cost
31-15 of the textbooks selected shall not exceed the unit cost of the
31-16 costliest textbook on the multiple list for the subject or course.
31-17 The commissioner of education shall calculate the allowable cost
31-18 and transmit from the state textbook fund that amount to the school
31-19 <district> for purchase of the textbooks. The State Board of
31-20 Education shall adopt rules necessary for the implementation of
31-21 this subsection.
31-22 (g) The commissioner in considering exemptions or waivers
31-23 shall provide as much regulatory relief as is practical and
31-24 reasonable to campuses <or districts> that are considered high
31-25 performing.
32-1 SECTION 4.04. Subchapter B, Chapter 11, Education Code, is
32-2 amended by adding Section 11.274 to read as follows:
32-3 Sec. 11.274. School Committee Waivers. (a) Except as
32-4 provided by Subsection (c) of this section, a school committee
32-5 established under Section 21.931 of this code may apply to the
32-6 commissioner of education for a waiver for the school of a
32-7 requirement or prohibition imposed by law or rule.
32-8 (b) An application under this section must include a written
32-9 plan developed by the committee that states the achievement
32-10 objectives of the committee.
32-11 (c) The commissioner of education shall grant a waiver under
32-12 this section for a period not to exceed three years. A prohibition
32-13 on conduct that constitutes a criminal offense may not be waived.
32-14 A requirement imposed by federal law or rule, including
32-15 requirements for special education or bilingual education programs,
32-16 may not be waived.
32-17 (d) A school that receives a waiver under this section for
32-18 textbook selection may select for purchase a textbook not on a
32-19 state-adopted multiple list. The textbook shall be purchased by
32-20 the district and shall be used for the same number of years for
32-21 which the textbooks for the subject or course are adopted by the
32-22 State Board of Education. The unit cost of the textbooks selected
32-23 may not exceed the unit cost of the costliest textbook on the
32-24 multiple list for the subject or course. The commissioner of
32-25 education shall calculate the allowable cost and transmit from the
33-1 state textbook fund that amount to the district for purchase of the
33-2 textbooks.
33-3 SECTION 4.05. Section 21.753, Education Code, is amended by
33-4 amending Subsections (a) and (c) and adding Subsection (e) to read
33-5 as follows:
33-6 (a) The State Board of Education shall adopt rules for the
33-7 accreditation of schools <school districts>. The rules shall
33-8 include criteria to evaluate the performance of schools <school
33-9 districts> and to rate each school <district> for accreditation
33-10 purposes as:
33-11 (1) exemplary;
33-12 (2) recognized;
33-13 (3) accredited;
33-14 (4) accredited advised; or
33-15 (5) academically unaccredited.
33-16 (c) The Central Education Agency shall rate each campus <in
33-17 a district> on the basis of the campus's performance on the
33-18 indicators adopted under Section 21.7531 of this code using the
33-19 rating categories provided for districts under Subsection (a) of
33-20 this section.
33-21 (e) Criteria for the evaluation of school performance shall
33-22 be limited to issues of educational quality, specifically the
33-23 efficient delivery of educational services to students. An
33-24 accreditation sanction may not be imposed for a procedural
33-25 violation that does not directly and significantly impact the
34-1 delivery of education services.
34-2 SECTION 4.06. Sections 21.753(b) and (d) and 21.7531(d),
34-3 Education Code, are repealed.
34-4 SECTION 4.07. This article takes effect September 1, 1993.
34-5 ARTICLE 5. DEMONSTRATION PROGRAMS
34-6 SECTION 5.01. Section 11.52, Education Code, is amended by
34-7 adding Subsection (p) to read as follows:
34-8 (p) The commissioner may establish demonstration programs in
34-9 education settings throughout the state to demonstrate and
34-10 investigate educational programs or methodologies. The
34-11 commissioner may waive for the duration of a program a requirement
34-12 or prohibition imposed by state law that hinders the implementation
34-13 of the program. A prohibition on conduct that constitutes a
34-14 criminal offense may not be waived.
34-15 SECTION 5.02. Subchapter A, Chapter 11, Education Code, is
34-16 amended by adding Section 11.104 to read as follows:
34-17 Sec. 11.104. EDUCATION TUITION GRANT PROGRAM. (a) On the
34-18 request of a parent or guardian of a child who is currently
34-19 enrolled in the public school system, a county finance district
34-20 shall issue a tuition grant to the parent or guardian to be used
34-21 for the expenses of educating the child at:
34-22 (1) a private school that is recognized as accredited
34-23 by the State Board of Education under Section 11.26 of this code
34-24 and that does not discriminate in the admission of students or the
34-25 employment of teachers on the basis of race, sex, disability,
35-1 color, or economic status; or
35-2 (2) any accredited public school.
35-3 (b) The Central Education Agency shall transfer state funds
35-4 to a county finance district that submits the tuition grant to the
35-5 agency with a record of the child's enrollment in the same manner
35-6 that state funds are transferred under Section 21.062 of this code
35-7 for a child who is the subject of a transfer agreement.
35-8 (c) The state and the district shall pay $3,000 to the
35-9 school in which the child enrolls. The state and the district
35-10 share that cost in the same percentages used to determine the state
35-11 and local shares under Chapter 16 of this code.
35-12 SECTION 5.03. Section 21.253, Education Code, is repealed.
35-13 SECTION 5.04. This article takes effect beginning with the
35-14 1993-1994 school year.
35-15 ARTICLE 6. STATE MANDATES
35-16 SECTION 6.01. Chapter 16, Education Code, is amended by
35-17 adding Subchapter K to read as follows:
35-18 SUBCHAPTER K. STATE EDUCATIONAL MANDATES
35-19 Sec. 16.601. DEFINITION. In this subchapter, "state
35-20 educational mandate" means a requirement created by statute
35-21 applicable to a public school that requires an expenditure of funds
35-22 by a public school that would not have been required in the absence
35-23 of the statute.
35-24 Sec. 16.602. LIST OF UNFUNDED MANDATES. The commissioner of
35-25 education shall publish in the Texas Register, not later than the
36-1 90th day after the date a regular or special session of the
36-2 legislature ends, a list of all state educational mandates enacted
36-3 by a session of the legislature for which:
36-4 (1) the Legislative Budget Board states the costs
36-5 cannot be identified under Section 314.004, Government Code;
36-6 (2) the costs are identified by the Legislative Budget
36-7 Board under Section 314.004, Government Code, but for which the
36-8 commissioner determines that insufficient appropriations have been
36-9 made by the legislature for the next biennium; or
36-10 (3) the costs are identified by the Legislative Budget
36-11 Board under Section 314.004, Government Code, but for which the
36-12 commissioner determines the legislature has not created and fully
36-13 funded a specific allotment or weight under Subchapters C and D of
36-14 this chapter.
36-15 Sec. 16.603. EFFECT OF LACK OF FUNDING.
36-16 (a) Notwithstanding any other provision of law, a state
36-17 educational mandate that appears on a list of unfunded mandates
36-18 published in the Texas Register under Section 16.602 of this code
36-19 is unenforceable.
36-20 (b) Any rule adopted by the commissioner of education, the
36-21 Legislative Education Board, or the State Board of Education under
36-22 the authority of a state educational mandate published in the Texas
36-23 Register under Section 16.602 of this code is unenforceable.
36-24 (c) A public school is not required to comply with:
36-25 (1) a state educational mandate that appears on the
37-1 list of unfunded mandates published in the Texas Register under
37-2 Section 16.602 of this code; or
37-3 (2) a rule adopted by the commissioner of education,
37-4 the State Board of Education, or the Legislative Education Board
37-5 under the authority of a state educational mandate published in the
37-6 Texas Register under Section 16.602 of this code.
37-7 (d) The noncompliance of a public school with a state
37-8 educational mandate published in the Texas Register under Section
37-9 16.602 of this code or a rule adopted by the commissioner of
37-10 education, the State Board of Education, or the Legislative
37-11 Education Board under the authority of a state educational mandate
37-12 published in the Texas Register under Section 16.602 of this code
37-13 may not be the subject of review or comment under Section 19.027 or
37-14 21.258 of this code or under Subchapter T, Chapter 21, of this
37-15 code.
37-16 Sec. 16.604. EXEMPTION. This subchapter does not apply to a
37-17 requirement created by statute that:
37-18 (1) is enacted by the legislature to comply with the
37-19 requirements of the Texas Constitution or federal law; or
37-20 (2) creates a new criminal offense or changes the
37-21 elements of a criminal offense.
37-22 Sec. 16.605. ADMINISTRATIVE APPEALS. (a) Not later than
37-23 the 45th day after the date the commissioner of education publishes
37-24 a list of unfunded or inadequately funded state educational
37-25 mandates under Section 16.602 of this code, a school or group of
38-1 schools may appeal to the commissioner of education to reconsider
38-2 including in the list of unfunded state educational mandates a
38-3 statutorily created requirement that was not included in the list
38-4 by the commissioner.
38-5 (b) Not later than the 30th day after the date an appeal is
38-6 filed with the commissioner under Subsection (a) of this section,
38-7 the commissioner shall either:
38-8 (1) include the subject of the petition on an amended
38-9 list of unfunded state educational mandates; or
38-10 (2) state the commissioner's reasons for refusing to
38-11 include the subject of the petition on an amended list of unfunded
38-12 state educational mandates.
38-13 (c) Not later than the 60th day after the date the
38-14 commissioner makes a decision under Subsection (b) of this section,
38-15 the commissioner shall publish in the Texas Register an amendment
38-16 or addition to the list of unfunded state educational mandates
38-17 required by Section 16.602 of this code necessary as a result of an
38-18 appeal made under this section.
38-19 (d) An appeal to the commissioner under this section is not
38-20 a contested case under the Administrative Procedure and Texas
38-21 Register Act (Article 6252-13a, Vernon's Texas Civil Statutes).
38-22 (e) The commissioner may designate another person to hear an
38-23 appeal under this section.
38-24 Sec. 16.606. JUDICIAL REVIEW. (a) A school or group of
38-25 schools may appeal the decision of the commissioner of education or
39-1 the commissioner's designee not to include a state educational
39-2 mandate in the list of unfunded mandates made under Section 16.605
39-3 of this code to a district court in Travis County.
39-4 (b) The decision of the commissioner of education or the
39-5 commissioner's designee must be upheld unless it is shown by clear
39-6 and convincing evidence that the decision was an abuse of
39-7 discretion.
39-8 (c) The decision of the district court in an appeal brought
39-9 under this section may be appealed in the same manner provided by
39-10 law for civil suits.
39-11 SECTION 6.02. Section 314.004(b), Government Code, is
39-12 amended to read as follows:
39-13 (b) The impact statement must:
39-14 (1) evaluate the effect of the bill or resolution on
39-15 all state equalized funding requirements and policies; and
39-16 (2) identify the cost to implement the bill or
39-17 resolution to schools on an equalized basis statewide or state that
39-18 the local cost cannot be identified.
39-19 SECTION 6.03. This article takes effect September 1, 1993.
39-20 ARTICLE 7. CONTRACTS WITH OFFICERS AND TEACHERS
39-21 SECTION 7.01. Section 13.103, Education Code, is amended to
39-22 read as follows:
39-23 Sec. 13.103. Probationary Contract: Termination. A campus
39-24 school <The> board <of trustees of any school district> may
39-25 terminate the employment of any teacher holding a probationary
40-1 contract at the end of the contract period, if in their judgment
40-2 the best interests of the school <district> will be served thereby;
40-3 provided, that notice of intention to terminate the employment
40-4 shall be given by the board <of trustees> to the teacher on or
40-5 before June <April> 1, preceding the end of the employment term
40-6 fixed in the contract. In the event of failure to give such notice
40-7 of intention to terminate within the time above specified, the
40-8 board <of trustees> shall thereby elect to employ such probationary
40-9 teacher in the same capacity, and under probationary contract
40-10 status for the succeeding school year if the teacher has been
40-11 employed by such district for less than three successive school
40-12 years, or in a continuing contract position if such teacher has
40-13 been employed during three consecutive school years.
40-14 SECTION 7.02. Section 13.104, Education Code, is amended to
40-15 read as follows:
40-16 Sec. 13.104. Hearing. In the event a teacher holding a
40-17 probationary contract is notified of the intention of the campus
40-18 school board <of trustees> to terminate his employment at the end
40-19 of his current contract period, he shall have a right upon written
40-20 request to a hearing. The hearing shall be held before the board
40-21 <of trustees> or a person designated by the board. At the<, and at
40-22 such> hearing, the teacher shall be given the reasons for
40-23 termination of his employment. After such hearing, the board <of
40-24 trustees> may confirm or revoke the <its> previous action of
40-25 termination; but in any event, the decision of the board <of
41-1 trustees> shall be final and non-appealable.
41-2 SECTION 7.03. Section 13.109, Education Code, is amended to
41-3 read as follows:
41-4 Sec. 13.109. Discharge During Year. Any teacher, whether
41-5 employed under a probationary contract or a continuing contract,
41-6 may be discharged during the school year for one or more of the
41-7 following reasons, which shall constitute lawful cause for
41-8 discharge:
41-9 (1) immorality;
41-10 (2) conviction of any felony or other crime involving
41-11 moral turpitude;
41-12 (3) drunkenness;
41-13 (4) repeated failure to comply with official
41-14 directives and established school board policy;
41-15 (5) physical or mental incapacity preventing
41-16 performance of the contract of employment; <and>
41-17 (6) repeated and continuing neglect of duties; and
41-18 (7) good cause, as determined by the campus school
41-19 board.
41-20 SECTION 7.04. Section 13.110, Education Code, is amended to
41-21 read as follows:
41-22 Sec. 13.110. Release at End of Year. Any teacher employed
41-23 under a continuing contract may be released at the end of any
41-24 school year and his employment with the school <district>
41-25 terminated at that time, or he may be returned to probationary
42-1 contract employment for not exceeding the three succeeding school
42-2 years, upon notice and hearing (if requested) as hereinafter
42-3 provided, for any reason enumerated in Section 13.109 of this code
42-4 or for any of the following additional reasons:
42-5 (1) incompetency in performance of duties;
42-6 (2) failure to comply with such reasonable
42-7 requirements as the employing campus school board <of trustees of
42-8 the employing school district> may prescribe for achieving
42-9 professional improvement and growth;
42-10 (3) willful failure to pay debts;
42-11 (4) <habitual> use of addictive drugs or
42-12 hallucinogens;
42-13 (5) excessive use of alcoholic beverages;
42-14 (6) necessary reduction of personnel by the school
42-15 <district (such reductions shall be made in the reverse order of
42-16 seniority in the specific teaching fields)>; or
42-17 (7) for good cause as determined by the campus <local>
42-18 school board<, good cause being the failure of a teacher to meet
42-19 the accepted standards of conduct for the profession as generally
42-20 recognized and applied in similarly situated school districts
42-21 throughout Texas; or>
42-22 <(8) failure by a person required to take an
42-23 examination under Section 13.047 of this code to perform
42-24 satisfactorily on at least one examination under that section on or
42-25 before June 30, 1986>.
43-1 SECTION 7.05. Section 13.111, Education Code, is amended to
43-2 read as follows:
43-3 Sec. 13.111. Notice. (a) Before any teacher shall be
43-4 discharged during the year for any of the causes mentioned in
43-5 Section 13.109 of this code, or before any probationary contract
43-6 teacher shall be dismissed at the end of a school year before the
43-7 end of the term fixed in his contract, or before any teacher
43-8 holding a continuing contract shall be dismissed or returned to
43-9 probationary contract status at the end of a school year for any of
43-10 the reasons mentioned in Section 13.110 of this code, he shall be
43-11 notified in writing by the campus school board <of trustees> or
43-12 under its direction of the proposed action and of the grounds
43-13 assigned therefor.
43-14 (b) In the event the grounds for the proposed action relate
43-15 to the inability or failure of the teacher to perform his assigned
43-16 duties, the action shall be based upon the <written> recommendation
43-17 by the principal of the school <superintendent of schools>, filed
43-18 with the campus school board <of trustees>. Any teacher so
43-19 discharged or dismissed or returned to probationary contract status
43-20 shall be entitled, as a matter of right, to a copy of each and
43-21 every evaluation report, or any other memorandum in writing which
43-22 has been made touching or concerning the fitness or conduct of such
43-23 teacher, by requesting in writing a copy of the same.
43-24 SECTION 7.06. Section 13.112, Education Code, is amended to
43-25 read as follows:
44-1 Sec. 13.112. Hearing. (a) After receiving notice of the
44-2 proposed action, the teacher may request a hearing by notifying the
44-3 campus school board in writing not later than the 10th day after
44-4 the date the teacher received the notice of the proposed action.
44-5 The board shall provide for a hearing to be held not later than the
44-6 15th day after the date the board received written notice from the
44-7 teacher requesting a hearing. The hearing is closed unless the
44-8 teacher requests an open hearing <If, upon written notification of
44-9 the proposed action, the teacher desires to contest the same, he
44-10 shall notify the board of trustees in writing within 10 days after
44-11 the date of receipt by him of the official notice above prescribed,
44-12 of his desire to be heard, and he shall be given a public hearing
44-13 if he wishes or if the board of trustees determines that a public
44-14 hearing is necessary in the public interest>.
44-15 (b) The hearing shall be conducted under rules adopted by
44-16 the campus school board. The board may designate an impartial
44-17 hearing officer to develop a record for consideration by the board.
44-18 The board shall make its decision based on a review of the record
44-19 developed by the hearing officer and on oral argument before the
44-20 board of the teacher or the teacher's representative and the
44-21 school's representative <Upon any charges based upon grounds of
44-22 inability or failure of the teacher to perform his assigned duties,
44-23 the board of trustees may in its discretion establish a committee
44-24 of classroom teachers and administrators, and the teacher may
44-25 request a hearing before this committee prior to hearing of the
45-1 matter by the board of trustees.>
45-2 <(c) Within 10 days after request for hearing made by the
45-3 teacher, the board of trustees shall fix a time and place of
45-4 hearing, which shall be held before the proposed action shall be
45-5 effective. Such hearing shall be public unless the teacher
45-6 requests in writing that it be private.>
45-7 <(d) At such hearing, the teacher may employ counsel, if
45-8 desired, and shall have the right to hear the evidence upon which
45-9 the charges are based, to cross-examine all adverse witnesses, and
45-10 to present evidence in opposition thereto, or in extenuation.>
45-11 <(e) The board shall take such action as it deems lawful and
45-12 appropriate and shall notify the teacher in writing of that action
45-13 within 15 days following the conclusion of the hearing>.
45-14 SECTION 7.07. Section 13.114, Education Code, is amended to
45-15 read as follows:
45-16 Sec. 13.114. Decision of Board. (a) If the teacher fails
45-17 to request a hearing, the campus school board shall take action it
45-18 considers lawful and appropriate and shall notify the teacher in
45-19 writing of that action not later than the 15th day after the date
45-20 the period for requesting a hearing expires.
45-21 (b) If the teacher requests a hearing, the board shall take
45-22 action it considers lawful and appropriate and shall notify the
45-23 teacher in writing of that action not later than the 15th day after
45-24 the date the hearing concluded <If the teacher upon notification of
45-25 any such proposed action fails to request a hearing within 10 days
46-1 thereafter, or after a hearing as hereinabove provided, the board
46-2 of trustees shall take such action and shall enter such order as it
46-3 deems lawful and appropriate. If the teacher is reinstated, he
46-4 shall immediately be paid any compensation withheld during any
46-5 period of suspension without pay. No order adverse to the teacher
46-6 shall be entered except upon majority vote of the full membership
46-7 of the board of trustees>.
46-8 SECTION 7.08. Chapter 13, Education Code, is amended by
46-9 adding Subchapter H to read as follows:
46-10 SUBCHAPTER H. TERM EMPLOYMENT CONTRACTS
46-11 Sec. 13.551. DEFINITIONS. In this subchapter:
46-12 (1) "Board" means the campus school board of a public
46-13 school.
46-14 (2) "Teacher" means a principal, supervisor, classroom
46-15 teacher, counselor, or other full-time professional employee.
46-16 (3) "Term contract" means any contract of employment
46-17 for a fixed term between the school and a teacher.
46-18 Sec. 13.552. TEACHER EVALUATIONS. Each board shall provide
46-19 by written policy for a written evaluation on an annual or more
46-20 frequent basis of each teacher the board employs. The board shall
46-21 consider the evaluation before the board decides not to renew the
46-22 term contract of a teacher.
46-23 Sec. 13.553. NONRENEWAL OF TERM CONTRACTS. (a) A board may
46-24 choose not to renew a term contract with a teacher at the end of
46-25 the contract period.
47-1 (b) Each board shall adopt policies consistent with this
47-2 subchapter that provide reasons for nonrenewal.
47-3 (c) Each board shall establish policies and procedures for
47-4 receiving recommendations from the school administration for the
47-5 nonrenewal of term contracts with teachers.
47-6 Sec. 13.554. NOTICE. (a) If the board receives a
47-7 recommendation for nonrenewal and the reasons for the
47-8 recommendation from the school administration, the board shall
47-9 consider the available written evaluations of the teacher. The
47-10 board shall, in its sole discretion, reject the recommendation or
47-11 give the teacher written notice of the proposed nonrenewal on or
47-12 before June 1 of the year the term of employment ends.
47-13 (b) If the board does not give the teacher a notice of
47-14 proposed nonrenewal under Subsection (a) of this section, the
47-15 employee is retained in the same capacity for the next school year.
47-16 (c) The board shall include in a notice required by this
47-17 section a statement of the reasons for the proposed nonrenewal.
47-18 Sec. 13.555. HEARING. (a) After receiving notice of the
47-19 proposed nonrenewal, the teacher may request a hearing by notifying
47-20 the board in writing not later than the 10th day after the date the
47-21 teacher received the notice of nonrenewal. The board shall provide
47-22 for a hearing to be held not later than the 15th day after the date
47-23 the board received written notice from the teacher requesting a
47-24 hearing. The hearing is closed unless the teacher requests an open
47-25 hearing.
48-1 (b) The hearing shall be conducted under rules adopted by
48-2 the board. The board may designate an impartial hearing officer to
48-3 develop a record for consideration by the board. The board shall
48-4 make its decision based on a review of the record developed by the
48-5 hearing officer and on oral argument before the board of the
48-6 teacher or the teacher's representative and the school's
48-7 representative.
48-8 Sec. 13.556. DECISION OF BOARD. (a) If the teacher fails
48-9 to request a hearing, the board shall take action it considers
48-10 lawful and appropriate and shall notify the teacher in writing of
48-11 that action not later than the 15th day after the period for
48-12 requesting a hearing expires.
48-13 (b) If a hearing is conducted, the board shall take action
48-14 it considers lawful and appropriate and shall notify the teacher in
48-15 writing of that action not later than the 15th day after the date
48-16 the hearing concluded.
48-17 Sec. 13.557. PROBATION. (a) Except as provided by
48-18 Subsection (b) of this section, a board may provide by written
48-19 policy for a probationary period not to exceed the first three
48-20 years of continuous employment with the school.
48-21 (b) A probationary period may not exceed one year for a
48-22 person who has been employed as a teacher in public education for
48-23 at least five of the eight years before initial employment with the
48-24 school. The provisions of this subchapter do not apply during a
48-25 probationary period under this subsection.
49-1 (c) A teacher dismissed for good cause from the school with
49-2 which the teacher was most recently employed may agree by written
49-3 contract to a probationary period for the first three years of
49-4 continuous employment.
49-5 Sec. 13.558. DISCHARGE FOR CAUSE. This subchapter does not
49-6 prohibit a board from discharging a teacher during the term of the
49-7 contract for good cause, as determined by the board.
49-8 SECTION 7.09. Section 23.28, Education Code, is amended to
49-9 read as follows:
49-10 Sec. 23.28. Contracts With Officers and Teachers. (a) A
49-11 campus school <The> board <of trustees of any independent school
49-12 district> may employ by contract <a superintendent,> a principal or
49-13 principals, teachers, or other executive officers for a term not to
49-14 exceed 12 months <the maximum specified in this section>.
49-15 (b) <In those independent school districts with a scholastic
49-16 population of fewer than 5,000, the term of such contracts shall
49-17 not exceed three years.>
49-18 <(c) In those independent school districts with a scholastic
49-19 population of 5,000 or more, in the last preceding scholastic year,
49-20 the term of such contracts shall not exceed five years.>
49-21 <(d)> All 12 month contracts made with employees
49-22 above-mentioned shall begin on July 1 of the year beginning the
49-23 contract and end on June 30 of the year terminating the contract.
49-24 <(e) This section does not apply to teacher's contracts in
49-25 those independent school districts which have adopted the
50-1 provisions of the probationary or continuing contract law as set
50-2 out in Subchapter C, Chapter 13 of this code.>
50-3 SECTION 7.10. Subchapter G, Chapter 21, Education Code, is
50-4 repealed.
50-5 SECTION 7.11. The change in law made by this article applies
50-6 only to an action taken by a campus school board under Subchapter
50-7 C, Chapter 13, Education Code, on or after the effective date of
50-8 this article. An action taken by a board of trustees of a school
50-9 district under Subchapter C, Chapter 13, or Subchapter G, Chapter
50-10 21, Education Code, before the effective date of this article is
50-11 covered by the law in effect when the action was taken, and the
50-12 former law is continued in effect for this purpose.
50-13 SECTION 7.12. This article takes effect beginning with the
50-14 1993-1994 school year.
50-15 ARTICLE 8. MERIT PAY
50-16 SECTION 8.01. Section 13.912(a), Education Code, is amended
50-17 to read as follows:
50-18 (a) A school <district> may not deny a teacher a salary
50-19 bonus or similar compensation given in whole or in part on the
50-20 basis of teacher attendance or a merit pay supplement, as provided
50-21 by Section 16.158 of this code, <career ladder advancement> because
50-22 of the teacher's absence from school for observance of a religious
50-23 holy day.
50-24 SECTION 8.02. Section 16.158, Education Code, is amended to
50-25 read as follows:
51-1 Sec. 16.158. Merit Pay <Career Ladder> Allotment. (a) Each
51-2 county finance district is entitled to a merit pay <an> allotment
51-3 <for support of the career ladder> equal to its unadjusted average
51-4 daily attendance multiplied by $90.
51-5 (b) An allotment under this section may be used only for the
51-6 purposes of merit pay <career ladder> supplements.
51-7 (c) From the allotment <funds designated for that purpose>,
51-8 the district shall supplement the salary of 50 percent of the
51-9 principals employed in the district as follows:
51-10 (1) 25 percent of the principals shall each receive
51-11 either:
51-12 (A) a $5,000 merit pay supplement, if the
51-13 principal's school campus enrolls 500 or more students; or
51-14 (B) a smaller proportional merit pay supplement,
51-15 if the principal's school campus enrolls fewer than 500 students;
51-16 and
51-17 (2) 25 percent of the principals shall each receive
51-18 either:
51-19 (A) a $10,000 merit pay supplement, if the
51-20 principal's school campus enrolls 500 or more students; or
51-21 (B) a smaller proportional merit pay supplement,
51-22 if the principal's school campus enrolls fewer than 500 students
51-23 <each teacher above level one on the career ladder. The district
51-24 shall decide the amount of supplement to be provided at each career
51-25 ladder level>.
52-1 (d) From the allotment, the district shall supplement the
52-2 salary of not more than 75 percent of the teachers employed in the
52-3 district as follows:
52-4 (1) 25 percent of the teachers shall each receive an
52-5 equal share of not less than 50 percent of the merit pay allotment
52-6 remaining after payments are made under Subsection (c) of this
52-7 section;
52-8 (2) 25 percent of the teachers shall each receive an
52-9 equal share of not less than 30 percent of the merit pay allotment
52-10 remaining after payments are made under Subsection (c) of this
52-11 section; and
52-12 (3) the district may distribute an equal share of the
52-13 remainder of the merit pay allotment to each teacher approved for
52-14 that purpose by the principal of the teacher's school campus, if
52-15 the number of teachers paid a merit pay supplement under this
52-16 subsection does not exceed 25 percent of all district teachers.
52-17 (e) Each district shall distribute the district's merit pay
52-18 allotment not earlier than the end of the regular school term in
52-19 which the district received the allotment or later than the
52-20 beginning of the next regular school term.
52-21 (f) Money received under this section may not be used to
52-22 supplement the salary of an employee for directing cocurricular or
52-23 extracurricular activities.
52-24 (g) If the total amount of merit pay supplements distributed
52-25 by a district under this section before a date set by rule of the
53-1 commissioner of education is less than the total merit pay
53-2 allotment to that district, the district shall distribute the
53-3 remainder of the allotment proportionately to the principals and
53-4 teachers who have received a merit pay supplement for that regular
53-5 school term. After the remainder of the merit pay allotment has
53-6 been proportionately distributed by a district, no other teacher or
53-7 principal in that district is eligible for a merit pay supplement
53-8 for that regular school term.
53-9 (h) The commissioner of education shall adopt rules
53-10 establishing criteria for determining the amount of merit pay
53-11 supplements to which teachers and principals are entitled.
53-12 SECTION 8.03. Section 822.201(b), Government Code, is
53-13 amended to read as follows:
53-14 (b) "Salary and wages" as used in Subsection (a) means:
53-15 (1) normal periodic payments of money for service the
53-16 right to which accrues on a regular basis in proportion to the
53-17 service performed;
53-18 (2) career ladder payments of money that were made as
53-19 authorized by law and merit pay supplements authorized by Section
53-20 16.158 <16.057>, Education Code;
53-21 (3) amounts by which the member's salary is reduced
53-22 under a salary reduction agreement authorized by Article 6252-3d,
53-23 Revised Statutes; and
53-24 (4) amounts that would otherwise qualify as salary and
53-25 wages under Subdivision (1) or (2) but are not received directly by
54-1 the member pursuant to a good faith, voluntary written salary
54-2 reduction agreement in order to finance payments to a deferred
54-3 compensation or tax sheltered annuity program specifically
54-4 authorized by state law or to finance benefit options under a
54-5 cafeteria plan qualifying under Section 125 of the Internal Revenue
54-6 Code of 1986 (26 U.S.C. Section 125), if:
54-7 (A) the program or benefit options are made
54-8 available to all employees of the employer; and
54-9 (B) the benefit options in the cafeteria plan
54-10 are limited to one or more options that provide deferred
54-11 compensation, group health and disability insurance, group term
54-12 life insurance, dependent care assistance programs, or group legal
54-13 services plans.
54-14 SECTION 8.04. Section 825.405(b), Government Code, is
54-15 amended to read as follows:
54-16 (b) For purposes of this section, the statutory minimum
54-17 salary is the salary provided by Section 16.056, Education Code,
54-18 multiplied by the cost of education adjustment applicable under
54-19 Section 16.102, Education Code, to the district in which the member
54-20 is employed, plus any merit pay <career ladder> supplement under
54-21 Section 16.158 <16.057>, Education Code.
54-22 SECTION 8.05. The following provisions of the Education Code
54-23 are repealed:
54-24 (1) Subchapter E, Chapter 13; and
54-25 (2) Sections 13.035(c) and 16.057.
55-1 SECTION 8.06. This article takes effect beginning with the
55-2 1993-1994 school year.
55-3 ARTICLE 9. CAMPUS REPORTS
55-4 SECTION 9.01. Section 21.258, Education Code, is amended to
55-5 read as follows:
55-6 Sec. 21.258. Performance Report. (a) Each campus school
55-7 board <of trustees> shall publish an annual report describing the
55-8 school's <district's> educational performance that includes campus
55-9 performance objectives established under Section 21.7532 of this
55-10 code and the progress of the <each> campus toward those objectives,
55-11 which shall be available to the public and filed with the State
55-12 Board of Education. The board shall hold a hearing for public
55-13 discussion of the report. The board shall notify property owners
55-14 and parents in the county <district> of the hearing. The campus
55-15 school board may combine the notice with the notice given by the
55-16 board of directors of a county finance district of a public hearing
55-17 on a proposed tax increase required under Section 26.06, Tax Code.
55-18 After the hearing the report shall be distributed with each
55-19 student's report card <widely disseminated within the district in a
55-20 manner to be determined by the district>.
55-21 (b) The report shall <may> include the following information
55-22 <by campus>:
55-23 (1) <evaluations of the quality of education based on
55-24 the information contained in the report;>
55-25 <(2)> scores on tests with national norms;
56-1 <(3) reports of performance trends improvement or lack
56-2 of improvement;>
56-3 <(4) statements of costs for instruction,
56-4 instructional administration, and central administration;>
56-5 (2) <(5)> attendance data and dropout rates;
56-6 (3) TAAS scores, including all scores on reading and
56-7 math;
56-8 (4) percentage of students taking advanced courses;
56-9 (5) actual prior year's graduation rates; and
56-10 (6) for high school report cards, SAT scores, ACT
56-11 scores, and number of students passing on their first attempt at
56-12 the Texas Academic Skills Program
56-13 <(6) reports on discipline;>
56-14 <(7) data on employees, trends in employment, and
56-15 turnover;>
56-16 <(8) teacher ratios by grade groupings and by program;
56-17 and>
56-18 <(9) statement of efforts to reduce the amount of
56-19 paperwork required of teachers and administrators>.
56-20 (c) The reports may provide other information selected by
56-21 the campus school board.
56-22 (d) The report must also include a comparison provided by
56-23 the Central Education Agency of:
56-24 (1) the performance of the <each> campus to the
56-25 performance of three other campuses with similar wealth and
57-1 demographics <and of the district to districts statewide> for
57-2 information required under Subsection (b) <Subsections (b)(4), (5),
57-3 (7), and (8)> of this section and all academic indicators under
57-4 Section 21.7531 of this code; and
57-5 (2) the actual campus performance to the projected
57-6 campus performance calculated by the commissioner of education.
57-7 Projected grade performance shall be based on differences between
57-8 student population and districts and shall be calculated in a
57-9 manner that will assure that approximately 50 percent of campuses
57-10 actually rate above and below the projected performance level <the
57-11 performance of each district to the projection of expected
57-12 performance of that district considering the wealth and
57-13 demographics of the district>.
57-14 (e) <(d)> The State Board of Education by rule shall
57-15 authorize the combination of this report with other reports and
57-16 financial statements and shall restrict the number and length of
57-17 reports that <school districts,> school <district> employees<,> and
57-18 school campuses are required to prepare.
57-19 SECTION 9.02. This article takes effect September 1, 1993.
57-20 ARTICLE 10. FACTUAL ERRORS IN TEXTBOOKS
57-21 SECTION 10.01. Subchapter B, Chapter 12, Education Code, is
57-22 amended by adding Section 12.37 to read as follows:
57-23 Sec. 12.37. DAMAGES FOR FACTUAL ERRORS. (a) Except as
57-24 provided by Subsection (b) of this section, if a textbook for which
57-25 a contract was executed by the State Board of Education contains a
58-1 substantive factual error, the publisher is liable to the state for
58-2 an amount equal to three times the amount of the purchase price of
58-3 the copies of the textbook purchased.
58-4 (b) A publisher is not liable to the state under Subsection
58-5 (a) of this section if the publisher notifies the State Board of
58-6 Education of the factual error in the textbook before the final
58-7 hearing on adoption of textbooks by the board.
58-8 (c) The attorney general may bring suit in the appropriate
58-9 court of Travis County to collect damages under this section.
58-10 SECTION 10.02. The change in law made by this article
58-11 applies only to a contract executed on or after the effective date
58-12 of this article. A contract executed before the effective date of
58-13 this article is covered by the law in effect when the contract was
58-14 executed, and the former law is continued in effect for this
58-15 purpose.
58-16 SECTION 10.03. This article takes effect September 1, 1993.
58-17 ARTICLE 11. STUDY OF EDUCATIONAL SYSTEM
58-18 SECTION 11.01. (a) The Educational Economic Policy
58-19 Committee shall conduct a study on the creation of an educational
58-20 system that maximizes equity and efficiency in public schools. The
58-21 committee shall consider the following:
58-22 (1) campus-based funding;
58-23 (2) privatization of services;
58-24 (3) venture schools; and
58-25 (4) open enrollment.
59-1 (b) The committee shall submit a report of its findings and
59-2 recommendations to the legislature not later than January 1, 1995.
59-3 SECTION 11.02. This article takes effect immediately.
59-4 ARTICLE 12. REPEALER; EMERGENCY
59-5 SECTION 12.01. Title 2, Education Code, is repealed on
59-6 September 1, 1995.
59-7 SECTION 12.02. The importance of this legislation and the
59-8 crowded condition of the calendars in both houses create an
59-9 emergency and an imperative public necessity that the
59-10 constitutional rule requiring bills to be read on three several
59-11 days in each house be suspended, and this rule is hereby suspended,
59-12 and that this Act take effect and be in force according to its
59-13 terms, and it is so enacted.