By Hernandez H.B. No. 2585
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to advisory commissions for the Central Education Agency.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 11.25(d), Education Code, is amended to
1-5 read as follows:
1-6 (d) The <On recommendation of the> commissioner of
1-7 education<, the State Board of Education> may <authorize the
1-8 commissioner to> appoint as many advisory committees, subject to
1-9 confirmation by the State Board of Education and in accordance with
1-10 the provisions of Subchapter H of this code, <official commissions
1-11 composed of citizens of the state> as are necessary to advise the
1-12 commissioner <of education> in carrying out the duties and mission
1-13 of the Central Education Agency <the discharge of his duties. A
1-14 member of such a commission shall not receive any pay for his
1-15 services on a commission other than reimbursement for actual
1-16 expenses incurred. Necessary expenses for the operation of such
1-17 commissions shall be included in the appropriate operating budget
1-18 of the Central Education Agency and shall be subject to the same
1-19 budget controls applied to all other items in the budget>.
1-20 SECTION 2. Sections 11.311(a) and (b), Education Code, are
1-21 amended to read as follows:
1-22 (a) To provide college students facilities, additional
1-23 instructional materials required for student teachers, and
2-1 supervision for student teaching required by law as prerequisites
2-2 to the issuance of a valid Texas certificate for the appropriate
2-3 position, it is necessary that joint responsibility among the
2-4 colleges and universities approved for teacher education by the
2-5 commissioner <Commission on Standards for the Teaching Profession
2-6 of this state>, the Texas public school districts, and the State of
2-7 Texas be hereby established.
2-8 (b) The commissioner <Commission on Standards for the
2-9 Teaching Profession>, with the assistance of colleges,
2-10 universities, and public school personnel, subject to the approval
2-11 of the State Board of Education, shall establish standards for the
2-12 approval of local cooperative teacher education centers, and define
2-13 the cooperative relationship between the college or university and
2-14 the public school which serves the teacher education program.
2-15 SECTION 3. Section 11.53, Education Code, is amended to read
2-16 as follows:
2-17 Sec. 11.53. Environmental Education. <(a)> The
2-18 commissioner of education shall foster the development and
2-19 dissemination of educational activities and materials which will
2-20 assist Texas public school students, teachers, and administrators
2-21 in the perception, appreciation, and understanding of environmental
2-22 principles and problems. In order to do so, the commissioner
2-23 shall:
2-24 (1) encourage the integration of environmental topics
2-25 into the regular curriculum, where appropriate;
3-1 (2) encourage the Central Education Agency to
3-2 coordinate state, federal, and other funding sources to develop and
3-3 disseminate to school districts instructional materials for use in
3-4 environmental education, with special concern given to the
3-5 ecological systems of Texas and the ways human beings depend on and
3-6 interact with the systems;
3-7 (3) encourage the Central Education Agency to
3-8 coordinate state, federal, and other available funding sources to
3-9 develop and deliver teacher inservice programs, including summer
3-10 seminars and institutes, on various aspects of environmental
3-11 pollution and conservation;
3-12 (4) collect, analyze, evaluate, and disseminate to
3-13 school districts information about environmental curriculum
3-14 materials, validated projects, and other successful programs;
3-15 (5) solicit, receive, and expend funds which may
3-16 become available through federal grants under any national
3-17 environmental education programs or from other public or private
3-18 sources;
3-19 (6) prepare an annual status report on environmental
3-20 education activities and deliver it to the legislature and the
3-21 governor on or before September 1 of each year.
3-22 <(b)(1) To assist in the development of environmental
3-23 education curricula, materials, and teacher training programs, the
3-24 commissioner of education shall establish an advisory committee on
3-25 environmental education.>
4-1 <(2) Members of the advisory committee shall include
4-2 the following persons or their designees:>
4-3 <(A) the commissioner of education, who serves
4-4 as chairperson;>
4-5 <(B) the commissioner of the Texas Department of
4-6 Health;>
4-7 <(C) the commissioner of the General Land
4-8 Office;>
4-9 <(D) the executive director of the Texas Water
4-10 Commission;>
4-11 <(E) the executive director of the Texas Air
4-12 Control Board;>
4-13 <(F) the director of the Governor's Energy
4-14 Office;>
4-15 <(G) the executive director of the Water
4-16 Development Board; and>
4-17 <(H) the Commissioner of the Department of
4-18 Agriculture.>
4-19 <(3) The commissioner of education shall also appoint
4-20 additional members who represent statewide teacher and education
4-21 organizations, statewide environmental organizations, and business
4-22 and industry.>
4-23 SECTION 4. Section 11.63(a), Education Code, is amended to
4-24 read as follows:
4-25 (a) The State Department of Education shall:
5-1 (1) carry out the mandates, prohibitions, and
5-2 regulations for which it is made responsible whether by statute,
5-3 the State Board of Education, the State Board for Vocational
5-4 Education, or the commissioner of education; and
5-5 (2) <make free and full use of advisory committees and
5-6 commissions composed of professional educators and/or other
5-7 citizens of the state; and>
5-8 <(3)> seek to assist local school districts in
5-9 developing effective and improved programs of education through
5-10 research and experimentation, consultation, conferences, and
5-11 evaluation, but shall have no power over local school districts
5-12 except those specifically granted by statute.
5-13 SECTION 5. Chapter 11, Education Code, is amended by adding
5-14 Subchapter H to read as follows:
5-15 SUBCHAPTER H. POWERS AND DUTIES RELATED TO ADVISORY COMMITTEES
5-16 Sec. 11.950. DEFINITIONS. In this subchapter:
5-17 (1) "Advisory committee" means an official or
5-18 unofficial committee, council, commission, task force, or other
5-19 entity in the Central Education Agency that:
5-20 (A) is created by or under state or federal law;
5-21 and
5-22 (B) has as its primary function advising the
5-23 Central Education Agency.
5-24 (2) "Agency" means the Central Education Agency.
5-25 Sec. 11.951. COMPOSITION OF ADVISORY COMMITTEES.
6-1 Notwithstanding other law, an advisory committee must be composed
6-2 of a number of members that is reasonable, considering the ability
6-3 of the committee to reach a decision on matters before the
6-4 committee. The composition of the committee must also provide a
6-5 balanced representation between:
6-6 (1) educational professionals affected by the agency;
6-7 and
6-8 (2) consumers of services provided by the agency.
6-9 Sec. 11.952. PRESIDING OFFICER. (a) An advisory committee
6-10 shall select from among its members a presiding officer, unless a
6-11 different procedure for selecting the presiding officer is
6-12 prescribed by other law.
6-13 (b) The presiding officer shall preside over the advisory
6-14 committee and report to the commissioner.
6-15 Sec. 11.953. REIMBURSEMENT OF MEMBERS' EXPENSES. (a)
6-16 Unless the commissioner adopts rules stating compelling reasons for
6-17 a contrary practice, members serve without compensation, except for
6-18 the reimbursement of their travel expenses as provided for in the
6-19 General Appropriations Act.
6-20 (b) The agency must request authority to reimburse the
6-21 expenses of members of the committee through the appropriations or
6-22 budget execution process, as appropriate, if the agency determines
6-23 that the expenses of committee members should be reimbursed. The
6-24 request must:
6-25 (1) identify the costs related to the advisory
7-1 committee's existence, including the cost of agency staff time
7-2 spent in support of the committee's activities;
7-3 (2) state the reasons the advisory committee should
7-4 continue in existence; and
7-5 (3) identify any other advisory committees created to
7-6 advise the agency that should be consolidated or abolished.
7-7 Sec. 11.954. AGENCY-DEVELOPED STATEMENT OF PURPOSE;
7-8 REPORTING REQUIREMENTS. The commissioner shall adopt rules that:
7-9 (1) state the purpose of the committee; and
7-10 (2) describe the task of the committee and the manner
7-11 in which the committee will report to the commissioner.
7-12 Sec. 11.955. AGENCY EVALUATION OF COMMITTEE COSTS AND
7-13 EFFECTIVENESS. Under the direction of the commissioner, the agency
7-14 shall annually evaluate:
7-15 (1) the committee's work;
7-16 (2) the committee's usefulness; and
7-17 (3) the costs related to the committee's existence,
7-18 including the cost of agency staff time spent in support of the
7-19 committee's activities.
7-20 Sec. 11.956. REPORT TO LEGISLATIVE BUDGET BOARD. The agency
7-21 shall report to the Legislative Budget Board the information
7-22 developed in the evaluation required by Section 11.955 of this
7-23 subchapter. The report shall be filed biennially in connection
7-24 with the agency's request for appropriations.
7-25 Sec. 11.957. DURATION OF ADVISORY COMMITTEES. (a) The
8-1 commissioner shall establish by rule a date on which the committee
8-2 will automatically be abolished. The advisory committee may
8-3 continue in existence after that date only if the commissioner
8-4 decides the committee should continue to exist.
8-5 (b) An advisory committee is automatically abolished on the
8-6 fourth anniversary of the date of its creation unless the
8-7 commissioner establishes a different date under Subsection (a) of
8-8 this section.
8-9 (c) This section does not apply to a federally mandated
8-10 advisory committee that has a specific duration prescribed by
8-11 statute.
8-12 Sec. 11.958. REESTABLISHMENT OF ADVISORY COMMITTEES. (a)
8-13 As soon as possible after the effective date of this Act, the
8-14 commissioner must reestablish all federally mandated advisory
8-15 committees abolished by this Act in accordance with federal
8-16 requirements and, where possible, the provisions of this
8-17 subchapter.
8-18 (b) The commissioner may reestablish any advisory committee
8-19 provided it is reestablished in accordance with the provisions of
8-20 this subchapter.
8-21 SECTION 6. Section 12.20(b), Education Code, is amended to
8-22 read as follows:
8-23 (b) In relation to a bidder's eligibility, an affidavit
8-24 filed must contain the following:
8-25 (1) the names of all persons employed to act for the
9-1 bidder, directly or indirectly, in any way whatsoever in securing
9-2 the contract or in the preparation of the bid or bids and
9-3 supporting documents, together with the addresses of such
9-4 individuals and the capacity in which each served;
9-5 (2) the names of any persons who may have at any time
9-6 during the preceding year received, either directly or indirectly,
9-7 any money or other thing of value from the bidder by way of
9-8 emolument for services rendered in this state, either directly or
9-9 indirectly, in securing or attempting to secure contracts for the
9-10 sale of books of the publisher or in promoting the sale of such
9-11 books to the State of Texas; and
9-12 (3) a statement that no member of the State Board of
9-13 Education <or of the State Textbook Committee> is in any way
9-14 interested, directly or indirectly, in the individual, firm, or
9-15 corporation bidding.
9-16 SECTION 7. Section 12.24(c), Education Code, is amended to
9-17 read as follows:
9-18 (c) No textbook shall be adopted until it has been read
9-19 carefully and examined by an <at least a majority of the>
9-20 appropriate subject area expert <committee of the State Textbook
9-21 Committee>.
9-22 SECTION 8. Section 13.032(b), Education Code, is amended to
9-23 read as follows:
9-24 (b) The <In order to secure professional advice, the> State
9-25 Board of Education shall consider recommendations of the
10-1 <Commission on Standards for the Teaching Profession, after a
10-2 review by, and with the comments of, the state> commissioner of
10-3 education, in all matters covered by this subchapter.
10-4 SECTION 9. Section 13.302(b), Education Code, is amended to
10-5 read as follows:
10-6 (b) In accordance with rules adopted by the commissioner,
10-7 the <The> board shall solicit and consider the advice of teachers
10-8 in developing the appraisal process and performance criteria.
10-9 SECTION 10. Section 14.022(b), Education Code, is amended to
10-10 read as follows:
10-11 (b) The board shall base its approval of software for use in
10-12 the classroom on recommendations made by the commissioner <computer
10-13 software advisory group>.
10-14 SECTION 11. Section 14.044(h), Education Code, is amended to
10-15 read as follows:
10-16 (h) The commissioner <advisory committee on technology
10-17 standards, established under Section 14.047 of this code,> shall
10-18 recommend standards for products produced by the center to the
10-19 State Board of Education.
10-20 SECTION 12. Section 21.459(g), Education Code, is amended to
10-21 read as follows:
10-22 (g) The State Board of Education, through the commissioner
10-23 <Commission on Standards for the Teaching Profession>, and the
10-24 Coordinating Board, Texas College and University System, shall
10-25 develop a comprehensive plan for meeting the teacher supply needs
11-1 created by the programs outlined in this subchapter. <The board
11-2 shall submit a plan, which includes legislative recommendations, to
11-3 the 68th Legislature in January, 1983.>
11-4 SECTION 13. Section 31.38, Education Code, is amended to
11-5 read as follows:
11-6 Sec. 31.38. GIFTS, GRANTS. The commissioner <council> may
11-7 accept gifts, grants, or donations of personal property from any
11-8 individual, group, association, or corporation or the United States
11-9 government, subject to such limitations or conditions as may be
11-10 provided by law, and provided that gifts, grants, or donations of
11-11 money shall be deposited with the state treasury and expended in
11-12 accordance with the specific purpose for which given under such
11-13 conditions as may be imposed by the donor and as provided by law.
11-14 SECTION 14. Section 32.22, Education Code, is amended to
11-15 read as follows:
11-16 Sec. 32.22. THE STATE BOARD OF EDUCATION. The State Board
11-17 of Education shall adopt policies, regulations and rules necessary
11-18 for carrying out the provisions of this chapter after consultation
11-19 with the commissioner <Proprietary School Advisory Commission>.
11-20 SECTION 15. Section 51.916(c), Education Code, is amended to
11-21 read as follows:
11-22 (c) In developing the standards for competitive review and
11-23 in making the award of grants, the board shall consider the
11-24 recommendations of the State Board of Education and the
11-25 commissioner <Commission on Standards for the Teaching Profession>.
12-1 SECTION 16. Section (4)(a), Article 4413(29c), Vernon's
12-2 Texas Civil Statutes, is amended to read as follows:
12-3 (a) The agency shall exercise jurisdiction and control of
12-4 the system of schools, and the commissioner shall administer this
12-5 Act and enforce minimum standards for schools under this Act. <The
12-6 board shall adopt rules necessary to carry out this Act in
12-7 consultation with the Driver Training School Advisory Commission.>
12-8 SECTION 17. To further the objective of providing public
12-9 school students with textbooks that are factually accurate, if an
12-10 advisory committee on selection of public school textbooks is
12-11 established, the commissioner of education should appoint to the
12-12 committee faculty members from institutions of higher education who
12-13 are experts in the subjects for which textbooks are adopted.
12-14 SECTION 18. An advisory committee as defined in Section
12-15 11.950, Education Code, as added by this Act, that exists as of
12-16 September 1, 1993, is automatically abolished.
12-17 SECTION 19. The following advisory entities are abolished:
12-18 (1) The Apprenticeship and Training Advisory Committee
12-19 is abolished, and Sections 33.01(5), 33.05, and 33.06, Education
12-20 Code, are repealed.
12-21 (2) The Texas Council on Vocational Education, created
12-22 under the authority of the Carl D. Perkins Vocational and Applied
12-23 Technology Education Act of 1990, is abolished. The following
12-24 provisions of the Education Code are repealed: 31.11, 31.12,
12-25 31.13, 31.14, 31.15, 31.16, 31.17, 31.18, 31.19, 31.21, 31.22,
13-1 31.23, 31.24, 31.25, 31.31, 31.34, 31.36, 31.37, 31.39, 31.42,
13-2 31.43, 31.44, 31.71 and 31.91.
13-3 (3) The Texas Vocational and Applied Technology
13-4 Education Committee of Practitioners, created under the authority
13-5 of the Carl D. Perkins Vocational and Applied Technology Education
13-6 Act of 1990, is abolished.
13-7 (4) The State Parent Advisory Council for Migrant
13-8 Education, created under 34 C.F.R. Section 201.35, Pub. L. 100-297,
13-9 Section 1201, Subsection 201.35, is abolished.
13-10 (5) The Proprietary School Advisory Commission is
13-11 abolished, and Section 32.23, Education Code, is repealed.
13-12 (6) The Driver Training School Advisory Commission is
13-13 abolished, and Section 5, Article 4413(29c), Vernon's Texas Civil
13-14 Statutes, as added by Chapter 835, Acts of the 72nd Legislature,
13-15 Regular Session, 1991, is repealed.
13-16 (7) The Commission on Standards for the Teaching
13-17 Profession is abolished, and Section 13.031, Education Code, is
13-18 repealed.
13-19 (8) The State Textbook Committee is abolished, and
13-20 Section 12.11, Education Code, is repealed.
13-21 (9) The textbook proclamation advisory committees are
13-22 abolished, and Section 12.04, Education Code, is repealed.
13-23 (10) The Commission on Braille Textbook Production is
13-24 abolished.
13-25 (11) The Investment Advisory Committee on the
14-1 Permanent School Fund, created under the authority of Section
14-2 11.25(d), Education Code, is abolished.
14-3 (12) The Advisory Committee for Budgeting, Accounting,
14-4 and Auditing is abolished.
14-5 (13) The School Facilities Advisory Committee is
14-6 abolished, and Section 16.403, Education Code, is repealed.
14-7 (14) The Advisory Committee on Technology Standards is
14-8 abolished, and Section 14.047, Education Code, is repealed.
14-9 (15) The Computer Software Advisory Group is
14-10 abolished, and Subchapter A, Chapter 14, Education Code, is
14-11 repealed.
14-12 (16) The Committee of Practitioners-Chapter 1,
14-13 appointed by the commissioner and created under 34 C.F.R., Part 75,
14-14 Section 200.70(e)(3)(i), is abolished.
14-15 (17) The Minority Recruitment Advisory Committee is
14-16 abolished, and Section 51.607, Education Code, is repealed.
14-17 (18) The Texas Successful School Awards System
14-18 Advisory Committee is abolished, and Section 34.003, Education
14-19 Code, is repealed.
14-20 (19) The Advisory Committee on Environmental Education
14-21 is abolished.
14-22 (20) The Youth Suicide Prevention Advisory Committee
14-23 is abolished, and Section 11.152, Education Code, is repealed.
14-24 (21) The State Advisory Board on National and
14-25 Community Service is abolished.
15-1 (22) The HIV Education Program Review Panel, created
15-2 under the authority of the Centers for Disease Control, is
15-3 abolished.
15-4 (23) The Master Teacher Appraisal Advisory Committee
15-5 is abolished.
15-6 (24) The Advisory Committee on Student Assessment,
15-7 created under the authority of Section 11.25(d), Education Code, is
15-8 abolished.
15-9 (25) The Commissioner's Cabinet for Regional Services,
15-10 created under the authority of Section 11.25(d), Education Code, is
15-11 abolished.
15-12 (26) The Commissioner's Advisory Panel of
15-13 Superintendents, created under the authority of Section 11.25(d),
15-14 Education Code, is abolished.
15-15 (27) The Policy Committee on Public Education, created
15-16 under the authority of Section 11.25(d), Education Code, is
15-17 abolished.
15-18 (28) The Chapter 2 Advisory Committee, created under
15-19 the authority of Public Law 100-297, Elementary and Secondary
15-20 Education Act, is abolished.
15-21 (29) The Teachers' Professional Practices Commission
15-22 of Texas is abolished, and Sections 13.202(2) and 13.203, Education
15-23 Code, are repealed.
15-24 (30) The Continuing Advisory Committee for Special
15-25 Education, created under the authority of 20 U.S.C. Section
16-1 1413(a)(12), is abolished, and Section 21.5042, Education Code, is
16-2 repealed.
16-3 (31) The Statewide Media Task Force on Dropout
16-4 Prevention is abolished, and Section 2.13, Education Code, is
16-5 repealed.
16-6 (32) The Texas Committee on Student Learning is
16-7 abolished, and Section 21.5513, Education Code, is repealed.
16-8 (33) The Task Force on Various State Agencies that
16-9 Regulate Proprietary Schools is abolished.
16-10 SECTION 20. The following advisory committees are abolished:
16-11 (1) Advisory Committee for Administrator Appraisal;
16-12 (2) Advisory Committee on Site-Based Decision Making;
16-13 (3) Advisory Task Force on the Education of Homeless
16-14 Children and Youth (Homeless Assistance Act 722(d)(4) and (5));
16-15 (4) Commissioner's Advisory Committee on the
16-16 Long-Range Plan for Technology;
16-17 (5) Committee of Practitioner's for Vocational
16-18 Education;
16-19 (6) Fine Arts Task Force;
16-20 (7) Health Education Framework Advisory Committee;
16-21 (8) Mathematics Curriculum/Assessment Advisory
16-22 Committee;
16-23 (9) Statewide Advisory Commission on Educational
16-24 Service Centers;
16-25 (10) Task Force for Review and Revision of Social
17-1 Studies;
17-2 (11) Task Force on Professional Preparation and
17-3 Development;
17-4 (12) Team Member Committee;
17-5 (13) Technical Committee to the Texas High School
17-6 Education Task Force;
17-7 (14) Texas High School Education Task Force;
17-8 (15) Special Education Cost Study Advisory Board;
17-9 (16) Task Force on Early Childhood to Elementary
17-10 Education;
17-11 (17) Commissioner's Task Force for School Health
17-12 Services and Staffing of the School Health Services Program;
17-13 (18) Roundtable on School Safety and Violence
17-14 Prevention;
17-15 (19) Tri-Agency Task Force to Update the Master Plan
17-16 for Vocational and Technical Education;
17-17 (20) Committee on State Graduation Credit Options;
17-18 (21) Parent Involvement Advisory Committee; and
17-19 (22) Long-Range Advisory Committee.
17-20 SECTION 21. This Act takes effect September 1, 1993.
17-21 SECTION 22. The importance of this legislation and the
17-22 crowded condition of the calendars in both houses create an
17-23 emergency and an imperative public necessity that the
17-24 constitutional rule requiring bills to be read on three several
17-25 days in each house be suspended, and this rule is hereby suspended.