By Hernandez H.B. No. 2585
Substitute the following for H.B. No. 2585:
By Hernandez C.S.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) <On recommendation of the> The commissioner of
1-7 education<, the State Board of Education> may <authorize the
1-8 commissioner to> appoint as many advisory committees, <official
1-9 commissions composed of citizens of the state> in accordance with
1-10 the provisions of Subchapter H of this Code, as are necessary to
1-11 advise the commissioner <of education> in carrying out the duties
1-12 and mission of the Central Education Agency <the discharge of his
1-13 duties. A member of such a commission shall not receive any pay
1-14 for his services on a commission other than reimbursement for
1-15 actual expenses incurred. Necessary expenses for the operation of
1-16 such commissions shall be included in the appropriate operating
1-17 budget of the Central Education Agency and shall be subject to the
1-18 same budget controls applied to all other items in the budget>.
1-19 SECTION 2. Sections 11.311(a) and (b), Education Code, are
1-20 amended to read as follows:
1-21 (a) To provide college students facilities, additional
1-22 instructional materials required for student teachers, and
1-23 supervision for student teaching required by law as prerequisites
2-1 to the issuance of a valid Texas certificate for the appropriate
2-2 position, it is necessary that joint responsibility among the
2-3 colleges and universities approved for teacher education by the
2-4 commissioner <Commission on Standards for the Teaching Profession
2-5 of this state>, the Texas public school districts, and the State of
2-6 Texas be hereby established.
2-7 (b) The commissioner <Commission on Standards for the
2-8 Teaching Profession>, with the assistance of colleges,
2-9 universities, and public school personnel, subject to the approval
2-10 of the State Board of Education, shall establish standards for the
2-11 approval of local cooperative teacher education centers, and define
2-12 the cooperative relationship between the college or university and
2-13 the public school which serves the teacher education program.
2-14 SECTION 3. Section 11.53, Education Code, is amended to read
2-15 as follows:
2-16 Sec. 11.53. Environmental Education. <(a)> The
2-17 commissioner of education shall foster the development and
2-18 dissemination of educational activities and materials which will
2-19 assist Texas public school students, teachers, and administrators
2-20 in the perception, appreciation, and understanding of environmental
2-21 principles and problems. In order to do so, the commissioner
2-22 shall:
2-23 (1) encourage the integration of environmental topics
2-24 into the regular curriculum, where appropriate;
2-25 (2) encourage the Central Education Agency to
3-1 coordinate state, federal, and other funding sources to develop and
3-2 disseminate to school districts instructional materials for use in
3-3 environmental education, with special concern given to the
3-4 ecological systems of Texas and the ways human beings depend on and
3-5 interact with the systems;
3-6 (3) encourage the Central Education Agency to
3-7 coordinate state, federal, and other available funding sources to
3-8 develop and deliver teacher inservice programs, including summer
3-9 seminars and institutes, on various aspects of environmental
3-10 pollution and conservation;
3-11 (4) collect, analyze, evaluate, and disseminate to
3-12 school districts information about environmental curriculum
3-13 materials, validated projects, and other successful programs;
3-14 (5) solicit, receive, and expend funds which may
3-15 become available through federal grants under any national
3-16 environmental education programs or from other public or private
3-17 sources;
3-18 (6) prepare an annual status report on environmental
3-19 education activities and deliver it to the legislature and the
3-20 governor on or before September 1 of each year.
3-21 <(b)(1) To assist in the development of environmental
3-22 education curricula, materials, and teacher training programs, the
3-23 commissioner of education shall establish an advisory committee on
3-24 environmental education.>
3-25 <(2) Members of the advisory committee shall include
4-1 the following persons or their designees:>
4-2 <(A) the commissioner of education, who serves
4-3 as chairperson;>
4-4 <(B) the commissioner of the Texas Department of
4-5 Health;>
4-6 <(C) the commissioner of the General Land
4-7 Office;>
4-8 <(D) the executive director of the Texas Water
4-9 Commission;>
4-10 <(E) the executive director of the Texas Air
4-11 Control Board;>
4-12 <(F) the director of the Governor's Energy
4-13 Office;>
4-14 <(G) the executive director of the Water
4-15 Development Board; and>
4-16 <(H) the Commissioner of the Department of
4-17 Agriculture.>
4-18 <(3) The commissioner of education shall also appoint
4-19 additional members who represent statewide teacher and education
4-20 organizations, statewide environmental organizations, and business
4-21 and industry.>
4-22 SECTION 4. Section 11.63(a), Education Code, is amended to
4-23 read as follows:
4-24 (a) The State Department of Education shall:
4-25 (1) carry out the mandates, prohibitions, and
5-1 regulations for which it is made responsible whether by statute,
5-2 the State Board of Education, the State Board for Vocational
5-3 Education, or the commissioner of education; and
5-4 (2) <make free and full use of advisory committees and
5-5 commissions composed of professional educators and/or other
5-6 citizens of the state; and>
5-7 <(3)> seek to assist local school districts in
5-8 developing effective and improved programs of education through
5-9 research and experimentation, consultation, conferences, and
5-10 evaluation, but shall have no power over local school districts
5-11 except those specifically granted by statute.
5-12 SECTION 5. Title 2, Chapter 11, Education Code, is amended
5-13 by adding Subchapter H to read as follows:
5-14 SUBCHAPTER H.
5-15 POWERS AND DUTIES RELATED TO ADVISORY COMMITTEES
5-16 Sec. 11.950 DEFINITIONS. In this Subsection:
5-17 (a) "Advisory committee" means an official or unofficial
5-18 committee, council, commission, task force, or other entity in the
5-19 Central Education Agency that:
5-20 (1) is created by or under state or federal law; and
5-21 (2) has as its primary function advising the Central
5-22 Education Agency.
5-23 (b) "Agency" means the Central Education Agency.
5-24 Sec. 11.951 COMPOSITION OF ADVISORY COMMITTEES.
5-25 Notwithstanding other law, an advisory committee must be composed
6-1 of a number of members that is reasonable, considering the ability
6-2 of the committee to reach a decision on matters before the
6-3 committee. The composition of the committee must also provide a
6-4 balanced representation between:
6-5 (1) educational professionals affected by the agency;
6-6 and
6-7 (2) consumers of services provided by the agency.
6-8 Sec. 11.952. PRESIDING OFFICER. (a) An advisory committee
6-9 shall select from among it's members a presiding officer, unless a
6-10 different procedure for selecting the presiding officer is
6-11 prescribed by other law.
6-12 (b) The presiding officer shall preside over the advisory
6-13 committee and report to the commissioner.
6-14 Sec. 11.953. REIMBURSEMENT OF MEMBERS' EXPENSES. (a)
6-15 Unless the commissioner adopts rules stating compelling reasons for
6-16 a contrary practice, members serve without compensation, except for
6-17 the reimbursement of their travel expenses as provided for in the
6-18 General Appropriations Act.
6-19 (b) The agency must request authority to reimburse the
6-20 expenses of members of the committee through the appropriations or
6-21 budget execution process, as appropriate, if the agency determines
6-22 that the expenses of committee members should be reimbursed. The
6-23 request must:
6-24 (1) identify the costs related to the advisory
6-25 committee's existence, including the cost of agency staff time
7-1 spent in support of the committee's activities;
7-2 (2) state the reasons the advisory committee should
7-3 continue in existence; and
7-4 (3) identify any other advisory committees created to
7-5 advise the agency that should be consolidated or abolished.
7-6 Sec. 11.954. AGENCY-DEVELOPED STATEMENT OF PURPOSE;
7-7 REPORTING REQUIREMENTS. The commissioner shall adopt rules that:
7-8 (1) state the purpose of the committee; and
7-9 (2) describe the task of the committee and the manner
7-10 in which the committee will report to the commissioner.
7-11 Sec. 11.955. AGENCY EVALUATION OF COMMITTEE COSTS AND
7-12 EFFECTIVENESS. Under the direction of the commissioner, the agency
7-13 shall annually evaluate:
7-14 (1) the committee's work;
7-15 (2) the committee's usefulness; and
7-16 (3) the costs related to the committee's existence,
7-17 including the cost of agency staff time spent in support of the
7-18 committee's activities.
7-19 Sec. 11.956. REPORT TO THE LEGISLATIVE BUDGET BOARD. The
7-20 agency shall report to the Legislative Budget Board the information
7-21 developed in the evaluation required by Section 11.955 of this
7-22 Subchapter. The report shall be filed biennially in connection
7-23 with the agency's request for appropriations.
7-24 Sec. 11.957. DURATION OF ADVISORY COMMITTEES. (a) The
7-25 commissioner shall establish by rule a date on which the committee
8-1 will automatically be abolished. The advisory committee may
8-2 continue in existence after that date only if the commissioner
8-3 decides the committee should continue to existence.
8-4 (b) An advisory committee is automatically abolished on the
8-5 fourth anniversary of the date of its creation unless the
8-6 commissioner establishes a different date under subsection (a) of
8-7 this section.
8-8 (c) This section does not apply to a federally mandated
8-9 advisory committee that has a specific duration prescribed by
8-10 statute.
8-11 Sec. 11.958. REESTABLISHMENT OF ADVISORY COMMITTEES. (a)
8-12 As soon as possible after the effective date of this Act, the
8-13 commissioner must reestablish all federally mandated advisory
8-14 committees abolished by this act in accordance with federal
8-15 requirements and where possible the provisions of this Subchapter.
8-16 (b) The commissioner may reestablish any advisory committee,
8-17 provided it is reestablished in accordance with the provisions of
8-18 this Subchapter.
8-19 SECTION 6. Section 12.20(b), Education Code, is amended to
8-20 read as follows:
8-21 (b) In relation to a bidder's eligibility, an affidavit
8-22 filed must contain the following:
8-23 (1) the names of all persons employed to act for the
8-24 bidder, directly or indirectly, in any way whatsoever in securing
8-25 the contract or in the preparation of the bid or bids and
9-1 supporting documents, together with the addresses of such
9-2 individuals and the capacity in which each served;
9-3 (2) the names of any persons who may have at any time
9-4 during the preceding year received, either directly or indirectly,
9-5 any money or other thing of value from the bidder by way of
9-6 emolument for services rendered in this state, either directly or
9-7 indirectly, in securing or attempting to secure contracts for the
9-8 sale of books of the publisher or in promoting the sale of such
9-9 books to the State of Texas; and
9-10 (3) a statement that no member of the State Board of
9-11 Education <or of the State Textbook Committee> is in any way
9-12 interested, directly or indirectly, in the individual, firm, or
9-13 corporation bidding.
9-14 SECTION 7. Section 12.24(c), Education Code, is amended to
9-15 read as follows:
9-16 (c) No textbook shall be adopted until it has been read
9-17 carefully and examined by an <at least a majority of the>
9-18 appropriate subject area expert <committee of the State Textbook
9-19 Committee>.
9-20 SECTION 8. Section 13.032(b), Education Code, is amended to
9-21 read as follows:
9-22 (b) <In order to secure professional advice, the> The State
9-23 Board of Education shall consider recommendations of the
9-24 <Commission on Standards for the Teaching Profession, after a
9-25 review by, and with the comments of, the state> commissioner of
10-1 education, in all matters covered by this subchapter.
10-2 SECTION 9. Subsection 13.302(b), Education Code, is amended
10-3 to read as follows:
10-4 (b) In accordance with rules adopted by the commissioner,
10-5 the <The> board shall solicit and consider the advice of teachers
10-6 in developing the appraisal process and performance criteria.
10-7 SECTION 10. Section 14.022(b), Education Code, is amended to
10-8 read as follows:
10-9 (b) The board shall base its approval of software for use in
10-10 the classroom on recommendations made by the commissioner <computer
10-11 software advisory group>.
10-12 SECTION 11. Section 14.044(h), Education Code, is amended to
10-13 read as follows:
10-14 (h) The commissioner <advisory committee on technology
10-15 standards, established under Section 14.047 of this code,> shall
10-16 recommend standards for products produced by the center to the
10-17 State Board of Education.
10-18 SECTION 12. Section 21.459(g), Education Code, is amended to
10-19 read as follows:
10-20 (g) The State Board of Education, through the commissioner
10-21 <Commission on Standards for the Teaching Profession>, and the
10-22 Coordinating Board, Texas College and University System, shall
10-23 develop a comprehensive plan for meeting the teacher supply needs
10-24 created by the programs outlined in this subchapter. <The board
10-25 shall submit a plan, which includes legislative recommendations, to
11-1 the 68th Legislature in January, 1983.>
11-2 SECTION 13. Section 31.38, Education Code, is amended to
11-3 read as follows:
11-4 Sec. 31.38. GIFTS, GRANTS. The commissioner <council> may
11-5 accept gifts, grants, or donations of personal property from any
11-6 individual, group, association, or corporation or the United States
11-7 Government, subject to such limitations or conditions as may be
11-8 provided by law, and provided that gifts or donations of money
11-9 shall be deposited with the state treasury and expended in
11-10 accordance with the specific purposes for which given under such
11-11 conditions as may be imposed by the donor and as provided by law.
11-12 SECTION 14. Section 32.22, Education Code, is amended to
11-13 read as follows:
11-14 Sec. 32.22. THE STATE BOARD OF EDUCATION. The State Board
11-15 of Education shall adopt policies, regulations and rules necessary
11-16 for carrying out the provisions of this chapter after consultation
11-17 with the commissioner <Proprietary School Advisory Commission>.
11-18 SECTION 15. Subsection 51.916(c), Education Code, is amended
11-19 to read as follows:
11-20 (c) In developing the standards for competitive review and
11-21 in making the award of grants, the board shall consider the
11-22 recommendations of the State Board of Education and the
11-23 commissioner <Commission on Standards for the Teaching Profession>.
11-24 SECTION 16. Subsection (4)(a), Article 4413(29c), Vernon's
11-25 Texas Civil Statutes, is amended to read as follows:
12-1 Sec. 4. (a) The agency shall exercise jurisdiction and
12-2 control of the system of schools, and the commissioner shall
12-3 administer this Act and enforce minimum standards for schools under
12-4 this Act. <The board shall adopt rules necessary to carry out this
12-5 Act in consultation with the Driver Training School Advisory
12-6 Commission.>
12-7 SECTION 17. An advisory committee as defined in section
12-8 11.950, Education Code, as added by this Act, that exists as of
12-9 September 1, 1993, is automatically abolished.
12-10 SECTION 18. The following advisory entities are abolished:
12-11 (1) The Apprenticeship and Training Advisory Committee
12-12 is abolished, and Sections 33.01(5), 33.05 and 33.06, Education
12-13 Code, are repealed.
12-14 (2) The Texas Council on Vocational Education, created
12-15 under the authority of the Carl D. Perkins Vocational and Applied
12-16 Technology Act of 1990 is abolished. The following provisions of
12-17 the Texas Education Code are repealed 31.11, 31.12, 31.13, 31.14,
12-18 31.15, 31.16, 31.17, 31.18, 31.19, 31.20, 31.21, 31.21, 31.23,
12-19 31.24, 31.25, 31.31, 31.34, 31.36, 31.37, 31.39, 31.42, 31.43,
12-20 31.44, 31.71 and 31.91.
12-21 (3) The Texas Vocational and Applied Technology
12-22 Education Committee of Practitioners, created under the authority
12-23 of the Carl D. Perkins Vocational and Applied Technology Act of
12-24 1990, is abolished.
12-25 (4) The State Parent Advisory Council for Migrant
13-1 Education, created under 34 C.F.R. Section 201.35, Public Law
13-2 100-297, Section 1201, subsection 201.35, is abolished.
13-3 (5) The Proprietary Schools Advisory Commission is
13-4 abolished, and Section 32.23, Education Code, is repealed.
13-5 (6) The Driver Training School Advisory Commission is
13-6 abolished, and Section 5, Article 4413(29c), Vernon's Texas Civil
13-7 Statutes, first version as added by Acts 1991, 72nd Legislature,
13-8 ch. 835, is repealed.
13-9 (7) The Commission on Standards for the Teaching
13-10 Profession is abolished, Section 13.031, Education Code, is
13-11 repealed.
13-12 (8) The State Textbook Committees are abolished, and
13-13 Section 12.11, Education Code, is repealed.
13-14 (9) The Textbook Proclamation Advisory Committees are
13-15 abolished, and Section 12.04, Education Code, is repealed.
13-16 (10) The Commission on Braille Textbook Production is
13-17 abolished.
13-18 (11) The Investment Advisory Committee on the
13-19 Permanent School Fund, created under the authority of Section
13-20 11.25(d), Education Code, is abolished.
13-21 (12) The Advisory Committee for Budgeting, Accounting,
13-22 and Auditing is abolished.
13-23 (13) The School Facilities Advisory Committee is
13-24 abolished, and Section 16.403, Education Code, is repealed.
13-25 (14) The Advisory Committee on Technology Standards is
14-1 abolished, and Section 14.047, Education Code, is repealed.
14-2 (15) The Computer Software Advisory Group is
14-3 abolished, and Subchapter A, Chapter 14, Education Code, is
14-4 repealed.
14-5 (16) The Committee of Practitioners-Chapter 1,
14-6 appointed by the commissioner and created under 34 C.F.R., Part 75,
14-7 Section 200.70(e)(3)(i), is abolished.
14-8 (17) The Minority Recruitment Advisory Committee is
14-9 abolished, and Section 51.607, Education Code, is repealed.
14-10 (18) The Texas Successful Schools Award System
14-11 Advisory Committee is abolished, and Section 34.003, Education
14-12 Code, is repealed.
14-13 (19) The Advisory Committee on Environmental Education
14-14 is abolished.
14-15 (20) The Youth Suicide Prevention Advisory Committee
14-16 is abolished, and Section 11.152, Education Code, is repealed.
14-17 (21) The State Advisory Board on National and
14-18 Community Service is abolished.
14-19 (22) The HIV Education Program Review Panel created
14-20 under the authority of the Center for Disease Control, is
14-21 abolished.
14-22 (23) The Master Teacher Appraisal Advisory Committee
14-23 is abolished.
14-24 (24) The Advisory Committee on Student Assessment,
14-25 created under the authority of Section 11.25(d), Education Code, is
15-1 abolished.
15-2 (25) The Commissioner's Cabinet for Regional Services,
15-3 created under the authority of Section 11.25(d), Education Code, is
15-4 abolished.
15-5 (26) The Commissioner's Advisory Panel of
15-6 Superintendents, created under the authority of Section 11.25(d),
15-7 Education Code, is abolished.
15-8 (27) The Policy Committee on Public Education, created
15-9 under the authority of Section 11.25(d), Education Code, is
15-10 abolished.
15-11 (28) The Chapter 2 Advisory Committee, created under
15-12 the authority of Public Law 100-297, Elementary and Secondary
15-13 Education Act, is abolished.
15-14 (29) The Teachers' Professional Practices Commission
15-15 of Texas is abolished, Sections 13.202(2) and 13.203, Education
15-16 Code, are repealed.
15-17 (30) The Continuing Advisory Committee for Special
15-18 Education, created under the authority of 1413(a)(12) is abolished,
15-19 and Section 21.5042, Education Code, is repealed.
15-20 (31) The Statewide Media Task Force on Dropout
15-21 Prevention is abolished, and Section 2.13, Education Code, is
15-22 repealed.
15-23 (32) The Texas Committee on Student Learning is
15-24 abolished, and Section 21.5513, Education Code, is repealed.
15-25 (33) The Task Force on Various State Agencies that
16-1 Regulate Proprietary Schools is abolished.
16-2 SECTION 19. The following advisory committees are abolished:
16-3 (1) Advisory Committee for Administrator Appraisal;
16-4 (2) Advisory Committee on Site-Based Decision Making;
16-5 (3) Advisory Task Force on the Education of Homeless
16-6 Children and Youth (Homeless Assistance Act 722(d)(4) and (5));
16-7 (4) Commissioner's Advisory Committee on the
16-8 Long-Range Plan for Technology;
16-9 (5) Committee of Practitioner's for Vocational
16-10 Education;
16-11 (6) Fine Arts Task Force;
16-12 (7) Health Education Framework Advisory Committee;
16-13 (8) Mathematics Curriculum/Assessment Advisory
16-14 Committee;
16-15 (9) Statewide Advisory Commission on Education
16-16 Services Centers;
16-17 (10) Task Force for Review and Revision of Social
16-18 Studies;
16-19 (11) Task Force on Professional Preparation and
16-20 Development;
16-21 (12) Team Member Committee;
16-22 (13) Technical Committee to the Texas High School
16-23 Education Task Force;
16-24 (14) Texas High School Education Task Force;
16-25 (15) Special Education Cost Study Advisory Board;
17-1 (16) Task Force on Early Childhood to Elementary
17-2 Education;
17-3 (17) Commissioner's Task Force for School Health
17-4 Services and Staffing of the School Health Services Program;
17-5 (18) Roundtable on School Safety and Violence
17-6 Prevention;
17-7 (19) Tri-Agency Task Force to Update the Master Plan
17-8 for Vocational and Technical Education;
17-9 (20) Committee on State Graduation Credit Options;
17-10 (21) Parent Involvement Advisory Committee; and
17-11 (22) Long-Range Advisory Committee.
17-12 SECTION 20. This Act takes effect September 1, 1993.
17-13 SECTION 21. The importance of this legislation and the
17-14 crowded condition of the calendars in both houses create an
17-15 emergency and an imperative public necessity that the
17-16 constitutional rule requiring bills to be read on three several
17-17 days in each house be suspended, and this rule is hereby suspended.