1-1 By: Hernandez (Senate Sponsor - Luna) H.B. No. 2585
1-2 (In the Senate - Received from the House May 13, 1993;
1-3 May 14, 1993, read first time and referred to Committee on
1-4 Education; May 20, 1993, reported favorably by the following vote:
1-5 Yeas 8, Nays 0; May 20, 1993, sent to printer.)
1-6 COMMITTEE VOTE
1-7 Yea Nay PNV Absent
1-8 Ratliff x
1-9 Haley x
1-10 Barrientos x
1-11 Bivins x
1-12 Harris of Tarrant x
1-13 Luna x
1-14 Montford x
1-15 Shapiro x
1-16 Sibley x
1-17 Turner x
1-18 Zaffirini x
1-19 A BILL TO BE ENTITLED
1-20 AN ACT
1-21 relating to advisory commissions for the Central Education Agency.
1-22 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-23 SECTION 1. Section 11.25(d), Education Code, is amended to
1-24 read as follows:
1-25 (d) The <On recommendation of the> commissioner of
1-26 education<, the State Board of Education> may <authorize the
1-27 commissioner to> appoint as many advisory committees, subject to
1-28 confirmation by the State Board of Education and in accordance with
1-29 the provisions of Subchapter H of this code, <official commissions
1-30 composed of citizens of the state> as are necessary to advise the
1-31 commissioner <of education> in carrying out the duties and mission
1-32 of the Central Education Agency <the discharge of his duties. A
1-33 member of such a commission shall not receive any pay for his
1-34 services on a commission other than reimbursement for actual
1-35 expenses incurred. Necessary expenses for the operation of such
1-36 commissions shall be included in the appropriate operating budget
1-37 of the Central Education Agency and shall be subject to the same
1-38 budget controls applied to all other items in the budget>.
1-39 SECTION 2. Sections 11.311(a) and (b), Education Code, are
1-40 amended to read as follows:
1-41 (a) To provide college students facilities, additional
1-42 instructional materials required for student teachers, and
1-43 supervision for student teaching required by law as prerequisites
1-44 to the issuance of a valid Texas certificate for the appropriate
1-45 position, it is necessary that joint responsibility among the
1-46 colleges and universities approved for teacher education by the
1-47 commissioner <Commission on Standards for the Teaching Profession
1-48 of this state>, the Texas public school districts, and the State of
1-49 Texas be hereby established.
1-50 (b) The commissioner <Commission on Standards for the
1-51 Teaching Profession>, with the assistance of colleges,
1-52 universities, and public school personnel, subject to the approval
1-53 of the State Board of Education, shall establish standards for the
1-54 approval of local cooperative teacher education centers, and define
1-55 the cooperative relationship between the college or university and
1-56 the public school which serves the teacher education program.
1-57 SECTION 3. Section 11.53, Education Code, is amended to read
1-58 as follows:
1-59 Sec. 11.53. Environmental Education. <(a)> The
1-60 commissioner of education shall foster the development and
1-61 dissemination of educational activities and materials which will
1-62 assist Texas public school students, teachers, and administrators
1-63 in the perception, appreciation, and understanding of environmental
1-64 principles and problems. In order to do so, the commissioner
1-65 shall:
1-66 (1) encourage the integration of environmental topics
1-67 into the regular curriculum, where appropriate;
1-68 (2) encourage the Central Education Agency to
2-1 coordinate state, federal, and other funding sources to develop and
2-2 disseminate to school districts instructional materials for use in
2-3 environmental education, with special concern given to the
2-4 ecological systems of Texas and the ways human beings depend on and
2-5 interact with the systems;
2-6 (3) encourage the Central Education Agency to
2-7 coordinate state, federal, and other available funding sources to
2-8 develop and deliver teacher inservice programs, including summer
2-9 seminars and institutes, on various aspects of environmental
2-10 pollution and conservation;
2-11 (4) collect, analyze, evaluate, and disseminate to
2-12 school districts information about environmental curriculum
2-13 materials, validated projects, and other successful programs;
2-14 (5) solicit, receive, and expend funds which may
2-15 become available through federal grants under any national
2-16 environmental education programs or from other public or private
2-17 sources;
2-18 (6) prepare an annual status report on environmental
2-19 education activities and deliver it to the legislature and the
2-20 governor on or before September 1 of each year.
2-21 <(b)(1) To assist in the development of environmental
2-22 education curricula, materials, and teacher training programs, the
2-23 commissioner of education shall establish an advisory committee on
2-24 environmental education.>
2-25 <(2) Members of the advisory committee shall include
2-26 the following persons or their designees:>
2-27 <(A) the commissioner of education, who serves
2-28 as chairperson;>
2-29 <(B) the commissioner of the Texas Department of
2-30 Health;>
2-31 <(C) the commissioner of the General Land
2-32 Office;>
2-33 <(D) the executive director of the Texas Water
2-34 Commission;>
2-35 <(E) the executive director of the Texas Air
2-36 Control Board;>
2-37 <(F) the director of the Governor's Energy
2-38 Office;>
2-39 <(G) the executive director of the Water
2-40 Development Board; and>
2-41 <(H) the Commissioner of the Department of
2-42 Agriculture.>
2-43 <(3) The commissioner of education shall also appoint
2-44 additional members who represent statewide teacher and education
2-45 organizations, statewide environmental organizations, and business
2-46 and industry.>
2-47 SECTION 4. Section 11.63(a), Education Code, is amended to
2-48 read as follows:
2-49 (a) The State Department of Education shall:
2-50 (1) carry out the mandates, prohibitions, and
2-51 regulations for which it is made responsible whether by statute,
2-52 the State Board of Education, the State Board for Vocational
2-53 Education, or the commissioner of education; and
2-54 (2) <make free and full use of advisory committees and
2-55 commissions composed of professional educators and/or other
2-56 citizens of the state; and>
2-57 <(3)> seek to assist local school districts in
2-58 developing effective and improved programs of education through
2-59 research and experimentation, consultation, conferences, and
2-60 evaluation, but shall have no power over local school districts
2-61 except those specifically granted by statute.
2-62 SECTION 5. Chapter 11, Education Code, is amended by adding
2-63 Subchapter H to read as follows:
2-64 SUBCHAPTER H. POWERS AND DUTIES RELATED TO ADVISORY COMMITTEES
2-65 Sec. 11.950. DEFINITIONS. In this subchapter:
2-66 (1) "Advisory committee" means an official or
2-67 unofficial committee, council, commission, task force, or other
2-68 entity in the Central Education Agency that:
2-69 (A) is created by or under state or federal law;
2-70 and
3-1 (B) has as its primary function advising the
3-2 Central Education Agency.
3-3 (2) "Agency" means the Central Education Agency.
3-4 Sec. 11.951. COMPOSITION OF ADVISORY COMMITTEES.
3-5 Notwithstanding other law, an advisory committee must be composed
3-6 of a number of members that is reasonable, considering the ability
3-7 of the committee to reach a decision on matters before the
3-8 committee. The composition of the committee must also provide a
3-9 balanced representation between:
3-10 (1) educational professionals affected by the agency;
3-11 and
3-12 (2) consumers of services provided by the agency.
3-13 Sec. 11.952. PRESIDING OFFICER. (a) An advisory committee
3-14 shall select from among its members a presiding officer, unless a
3-15 different procedure for selecting the presiding officer is
3-16 prescribed by other law.
3-17 (b) The presiding officer shall preside over the advisory
3-18 committee and report to the commissioner.
3-19 Sec. 11.953. REIMBURSEMENT OF MEMBERS' EXPENSES.
3-20 (a) Unless the commissioner adopts rules stating compelling
3-21 reasons for a contrary practice, members serve without
3-22 compensation, except for the reimbursement of their travel expenses
3-23 as provided for in the General Appropriations Act.
3-24 (b) The agency must request authority to reimburse the
3-25 expenses of members of the committee through the appropriations or
3-26 budget execution process, as appropriate, if the agency determines
3-27 that the expenses of committee members should be reimbursed. The
3-28 request must:
3-29 (1) identify the costs related to the advisory
3-30 committee's existence, including the cost of agency staff time
3-31 spent in support of the committee's activities;
3-32 (2) state the reasons the advisory committee should
3-33 continue in existence; and
3-34 (3) identify any other advisory committees created to
3-35 advise the agency that should be consolidated or abolished.
3-36 Sec. 11.954. AGENCY-DEVELOPED STATEMENT OF PURPOSE;
3-37 REPORTING REQUIREMENTS. The commissioner shall adopt rules that:
3-38 (1) state the purpose of the committee; and
3-39 (2) describe the task of the committee and the manner
3-40 in which the committee will report to the commissioner.
3-41 Sec. 11.955. AGENCY EVALUATION OF COMMITTEE COSTS AND
3-42 EFFECTIVENESS. Under the direction of the commissioner, the agency
3-43 shall annually evaluate:
3-44 (1) the committee's work;
3-45 (2) the committee's usefulness; and
3-46 (3) the costs related to the committee's existence,
3-47 including the cost of agency staff time spent in support of the
3-48 committee's activities.
3-49 Sec. 11.956. REPORT TO LEGISLATIVE BUDGET BOARD. The agency
3-50 shall report to the Legislative Budget Board the information
3-51 developed in the evaluation required by Section 11.955 of this
3-52 subchapter. The report shall be filed biennially in connection
3-53 with the agency's request for appropriations.
3-54 Sec. 11.957. DURATION OF ADVISORY COMMITTEES. (a) The
3-55 commissioner shall establish by rule a date on which the committee
3-56 will automatically be abolished. The advisory committee may
3-57 continue in existence after that date only if the commissioner
3-58 decides the committee should continue to exist.
3-59 (b) An advisory committee is automatically abolished on the
3-60 fourth anniversary of the date of its creation unless the
3-61 commissioner establishes a different date under Subsection (a) of
3-62 this section.
3-63 (c) This section does not apply to a federally mandated
3-64 advisory committee that has a specific duration prescribed by
3-65 statute.
3-66 Sec. 11.958. REESTABLISHMENT OF ADVISORY COMMITTEES.
3-67 (a) As soon as possible after the effective date of this Act, the
3-68 commissioner must reestablish all federally mandated advisory
3-69 committees abolished by this Act in accordance with federal
3-70 requirements and, where possible, the provisions of this
4-1 subchapter.
4-2 (b) The commissioner may reestablish any advisory committee
4-3 provided it is reestablished in accordance with the provisions of
4-4 this subchapter.
4-5 SECTION 6. Section 12.20(b), Education Code, is amended to
4-6 read as follows:
4-7 (b) In relation to a bidder's eligibility, an affidavit
4-8 filed must contain the following:
4-9 (1) the names of all persons employed to act for the
4-10 bidder, directly or indirectly, in any way whatsoever in securing
4-11 the contract or in the preparation of the bid or bids and
4-12 supporting documents, together with the addresses of such
4-13 individuals and the capacity in which each served;
4-14 (2) the names of any persons who may have at any time
4-15 during the preceding year received, either directly or indirectly,
4-16 any money or other thing of value from the bidder by way of
4-17 emolument for services rendered in this state, either directly or
4-18 indirectly, in securing or attempting to secure contracts for the
4-19 sale of books of the publisher or in promoting the sale of such
4-20 books to the State of Texas; and
4-21 (3) a statement that no member of the State Board of
4-22 Education <or of the State Textbook Committee> is in any way
4-23 interested, directly or indirectly, in the individual, firm, or
4-24 corporation bidding.
4-25 SECTION 7. Section 12.24(c), Education Code, is amended to
4-26 read as follows:
4-27 (c) No textbook shall be adopted until it has been read
4-28 carefully and examined by an <at least a majority of the>
4-29 appropriate subject area expert <committee of the State Textbook
4-30 Committee>.
4-31 SECTION 8. Section 13.032(b), Education Code, is amended to
4-32 read as follows:
4-33 (b) The <In order to secure professional advice, the> State
4-34 Board of Education shall consider recommendations of the
4-35 <Commission on Standards for the Teaching Profession, after a
4-36 review by, and with the comments of, the state> commissioner of
4-37 education, in all matters covered by this subchapter.
4-38 SECTION 9. Section 13.302(b), Education Code, is amended to
4-39 read as follows:
4-40 (b) In accordance with rules adopted by the commissioner,
4-41 the <The> board shall solicit and consider the advice of teachers
4-42 in developing the appraisal process and performance criteria.
4-43 SECTION 10. Section 14.022(b), Education Code, is amended to
4-44 read as follows:
4-45 (b) The board shall base its approval of software for use in
4-46 the classroom on recommendations made by the commissioner <computer
4-47 software advisory group>.
4-48 SECTION 11. Section 14.044(h), Education Code, is amended to
4-49 read as follows:
4-50 (h) The commissioner <advisory committee on technology
4-51 standards, established under Section 14.047 of this code,> shall
4-52 recommend standards for products produced by the center to the
4-53 State Board of Education.
4-54 SECTION 12. Section 21.459(g), Education Code, is amended to
4-55 read as follows:
4-56 (g) The State Board of Education, through the commissioner
4-57 <Commission on Standards for the Teaching Profession>, and the
4-58 Coordinating Board, Texas College and University System, shall
4-59 develop a comprehensive plan for meeting the teacher supply needs
4-60 created by the programs outlined in this subchapter. <The board
4-61 shall submit a plan, which includes legislative recommendations, to
4-62 the 68th Legislature in January, 1983.>
4-63 SECTION 13. Section 31.38, Education Code, is amended to
4-64 read as follows:
4-65 Sec. 31.38. GIFTS, GRANTS. The commissioner <council> may
4-66 accept gifts, grants, or donations of personal property from any
4-67 individual, group, association, or corporation or the United States
4-68 government, subject to such limitations or conditions as may be
4-69 provided by law, and provided that gifts, grants, or donations of
4-70 money shall be deposited with the state treasury and expended in
5-1 accordance with the specific purpose for which given under such
5-2 conditions as may be imposed by the donor and as provided by law.
5-3 SECTION 14. Section 32.22, Education Code, is amended to
5-4 read as follows:
5-5 Sec. 32.22. THE STATE BOARD OF EDUCATION. The State Board
5-6 of Education shall adopt policies, regulations and rules necessary
5-7 for carrying out the provisions of this chapter after consultation
5-8 with the commissioner <Proprietary School Advisory Commission>.
5-9 SECTION 15. Section 51.916(c), Education Code, is amended to
5-10 read as follows:
5-11 (c) In developing the standards for competitive review and
5-12 in making the award of grants, the board shall consider the
5-13 recommendations of the State Board of Education and the
5-14 commissioner <Commission on Standards for the Teaching Profession>.
5-15 SECTION 16. Section (4)(a), Article 4413(29c), Vernon's
5-16 Texas Civil Statutes, is amended to read as follows:
5-17 (a) The agency shall exercise jurisdiction and control of
5-18 the system of schools, and the commissioner shall administer this
5-19 Act and enforce minimum standards for schools under this Act. <The
5-20 board shall adopt rules necessary to carry out this Act in
5-21 consultation with the Driver Training School Advisory Commission.>
5-22 SECTION 17. To further the objective of providing public
5-23 school students with textbooks that are factually accurate, if an
5-24 advisory committee on selection of public school textbooks is
5-25 established, the commissioner of education should appoint to the
5-26 committee faculty members from institutions of higher education who
5-27 are experts in the subjects for which textbooks are adopted.
5-28 SECTION 18. An advisory committee as defined in Section
5-29 11.950, Education Code, as added by this Act, that exists as of
5-30 September 1, 1993, is automatically abolished.
5-31 SECTION 19. The following advisory entities are abolished:
5-32 (1) The Apprenticeship and Training Advisory Committee
5-33 is abolished, and Sections 33.01(5), 33.05, and 33.06, Education
5-34 Code, are repealed.
5-35 (2) The Texas Council on Vocational Education, created
5-36 under the authority of the Carl D. Perkins Vocational and Applied
5-37 Technology Education Act of 1990, is abolished. The following
5-38 provisions of the Education Code are repealed: 31.11, 31.12,
5-39 31.13, 31.14, 31.15, 31.16, 31.17, 31.18, 31.19, 31.21, 31.22,
5-40 31.23, 31.24, 31.25, 31.31, 31.34, 31.36, 31.37, 31.39, 31.42,
5-41 31.43, 31.44, 31.71 and 31.91.
5-42 (3) The Texas Vocational and Applied Technology
5-43 Education Committee of Practitioners, created under the authority
5-44 of the Carl D. Perkins Vocational and Applied Technology Education
5-45 Act of 1990, is abolished.
5-46 (4) The State Parent Advisory Council for Migrant
5-47 Education, created under 34 C.F.R. Section 201.35, Pub. L. 100-297,
5-48 Section 1201, Subsection 201.35, is abolished.
5-49 (5) The Proprietary School Advisory Commission is
5-50 abolished, and Section 32.23, Education Code, is repealed.
5-51 (6) The Driver Training School Advisory Commission is
5-52 abolished, and Section 5, Article 4413(29c), Vernon's Texas Civil
5-53 Statutes, as added by Chapter 835, Acts of the 72nd Legislature,
5-54 Regular Session, 1991, is repealed.
5-55 (7) The Commission on Standards for the Teaching
5-56 Profession is abolished, and Section 13.031, Education Code, is
5-57 repealed.
5-58 (8) The State Textbook Committee is abolished, and
5-59 Section 12.11, Education Code, is repealed.
5-60 (9) The textbook proclamation advisory committees are
5-61 abolished, and Section 12.04, Education Code, is repealed.
5-62 (10) The Commission on Braille Textbook Production is
5-63 abolished.
5-64 (11) The Investment Advisory Committee on the
5-65 Permanent School Fund, created under the authority of Section
5-66 11.25(d), Education Code, is abolished.
5-67 (12) The Advisory Committee for Budgeting, Accounting,
5-68 and Auditing is abolished.
5-69 (13) The School Facilities Advisory Committee is
5-70 abolished, and Section 16.403, Education Code, is repealed.
6-1 (14) The Advisory Committee on Technology Standards is
6-2 abolished, and Section 14.047, Education Code, is repealed.
6-3 (15) The Computer Software Advisory Group is
6-4 abolished, and Subchapter A, Chapter 14, Education Code, is
6-5 repealed.
6-6 (16) The Committee of Practitioners-Chapter 1,
6-7 appointed by the commissioner and created under 34 C.F.R., Part 75,
6-8 Section 200.70(e)(3)(i), is abolished.
6-9 (17) The Minority Recruitment Advisory Committee is
6-10 abolished, and Section 51.607, Education Code, is repealed.
6-11 (18) The Texas Successful School Awards System
6-12 Advisory Committee is abolished, and Section 34.003, Education
6-13 Code, is repealed.
6-14 (19) The Advisory Committee on Environmental Education
6-15 is abolished.
6-16 (20) The Youth Suicide Prevention Advisory Committee
6-17 is abolished, and Section 11.152, Education Code, is repealed.
6-18 (21) The State Advisory Board on National and
6-19 Community Service is abolished.
6-20 (22) The HIV Education Program Review Panel, created
6-21 under the authority of the Centers for Disease Control, is
6-22 abolished.
6-23 (23) The Master Teacher Appraisal Advisory Committee
6-24 is abolished.
6-25 (24) The Advisory Committee on Student Assessment,
6-26 created under the authority of Section 11.25(d), Education Code, is
6-27 abolished.
6-28 (25) The Commissioner's Cabinet for Regional Services,
6-29 created under the authority of Section 11.25(d), Education Code, is
6-30 abolished.
6-31 (26) The Commissioner's Advisory Panel of
6-32 Superintendents, created under the authority of Section 11.25(d),
6-33 Education Code, is abolished.
6-34 (27) The Policy Committee on Public Education, created
6-35 under the authority of Section 11.25(d), Education Code, is
6-36 abolished.
6-37 (28) The Chapter 2 Advisory Committee, created under
6-38 the authority of Public Law 100-297, Elementary and Secondary
6-39 Education Act, is abolished.
6-40 (29) The Teachers' Professional Practices Commission
6-41 of Texas is abolished, and Sections 13.202(2) and 13.203, Education
6-42 Code, are repealed.
6-43 (30) The Continuing Advisory Committee for Special
6-44 Education, created under the authority of 20 U.S.C. Section
6-45 1413(a)(12), is abolished, and Section 21.5042, Education Code, is
6-46 repealed.
6-47 (31) The Statewide Media Task Force on Dropout
6-48 Prevention is abolished, and Section 2.13, Education Code, is
6-49 repealed.
6-50 (32) The Texas Committee on Student Learning is
6-51 abolished, and Section 21.5513, Education Code, is repealed.
6-52 (33) The Task Force on Various State Agencies that
6-53 Regulate Proprietary Schools is abolished.
6-54 SECTION 20. The following advisory committees are abolished:
6-55 (1) Advisory Committee for Administrator Appraisal;
6-56 (2) Advisory Committee on Site-Based Decision Making;
6-57 (3) Advisory Task Force on the Education of Homeless
6-58 Children and Youth (Homeless Assistance Act 722(d)(4) and (5));
6-59 (4) Commissioner's Advisory Committee on the
6-60 Long-Range Plan for Technology;
6-61 (5) Committee of Practitioner's for Vocational
6-62 Education;
6-63 (6) Fine Arts Task Force;
6-64 (7) Health Education Framework Advisory Committee;
6-65 (8) Mathematics Curriculum/Assessment Advisory
6-66 Committee;
6-67 (9) Statewide Advisory Commission on Educational
6-68 Service Centers;
6-69 (10) Task Force for Review and Revision of Social
6-70 Studies;
7-1 (11) Task Force on Professional Preparation and
7-2 Development;
7-3 (12) Team Member Committee;
7-4 (13) Technical Committee to the Texas High School
7-5 Education Task Force;
7-6 (14) Texas High School Education Task Force;
7-7 (15) Special Education Cost Study Advisory Board;
7-8 (16) Task Force on Early Childhood to Elementary
7-9 Education;
7-10 (17) Commissioner's Task Force for School Health
7-11 Services and Staffing of the School Health Services Program;
7-12 (18) Roundtable on School Safety and Violence
7-13 Prevention;
7-14 (19) Tri-Agency Task Force to Update the Master Plan
7-15 for Vocational and Technical Education;
7-16 (20) Committee on State Graduation Credit Options;
7-17 (21) Parent Involvement Advisory Committee; and
7-18 (22) Long-Range Advisory Committee.
7-19 SECTION 21. This Act takes effect September 1, 1993.
7-20 SECTION 22. The importance of this legislation and the
7-21 crowded condition of the calendars in both houses create an
7-22 emergency and an imperative public necessity that the
7-23 constitutional rule requiring bills to be read on three several
7-24 days in each house be suspended, and this rule is hereby suspended.
7-25 * * * * *
7-26 Austin,
7-27 Texas
7-28 May 20, 1993
7-29 Hon. Bob Bullock
7-30 President of the Senate
7-31 Sir:
7-32 We, your Committee on Education to which was referred H.B.
7-33 No. 2585, have had the same under consideration, and I am
7-34 instructed to report it back to the Senate with the recommendation
7-35 that it do pass and be printed.
7-36 Ratliff,
7-37 Chairman
7-38 * * * * *
7-39 WITNESSES
7-40 FOR AGAINST ON
7-41 ___________________________________________________________________
7-42 Name: James McGinnis x
7-43 Representing: LU #142 Plumbers & Pipefitters
7-44 City: San Antonio
7-45 -------------------------------------------------------------------
7-46 Name: Lynda Rife x
7-47 Representing: Tx Council on Vocational Ed.
7-48 City: Austin
7-49 -------------------------------------------------------------------
7-50 Name: Bob Salvatory x
7-51 Representing: Tx Building Trades
7-52 City: San Antonio
7-53 -------------------------------------------------------------------
7-54 Name: Russell Allen x
7-55 Representing: LU #195 - Pipefitters
7-56 City: Beaumont
7-57 -------------------------------------------------------------------
7-58 Name: Debbi Bailey x
7-59 Representing: Tx Comptroller's Office
7-60 City: Austin
7-61 -------------------------------------------------------------------
7-62 Name: Walter Hinojosa x
7-63 Representing: Tx Federation of Teachers
7-64 City: Austin
7-65 -------------------------------------------------------------------