By: Ratliff S.B. No. 1376
73R8575 CAS-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to public schools.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 11.12, Education Code, is amended to read
1-5 as follows:
1-6 Sec. 11.12. Involvement With School Bus Regulations. The
1-7 State Board of Education and the <State Purchasing and> General
1-8 Services Commission, by and with the advice of the director of the
1-9 Department of Public Safety, shall <have joint and complete
1-10 responsibility to> adopt and enforce regulations governing the
1-11 design, color, lighting and other equipment, construction, and
1-12 operation of all school buses for the transportation of school
1-13 children when owned and operated by any school district or
1-14 privately owned and operated under contract with any school
1-15 district in this state, and the regulations shall by reference be
1-16 made a part of any such contract with a school district. <The
1-17 State Purchasing and General Services Commission shall coordinate
1-18 and correlate all specification data and finalize and issue the
1-19 specification so adopted as provided for by Article 3, State
1-20 Purchasing and General Services Act (Article 601b, Vernon's Texas
1-21 Civil Statutes).> In the regulations, emphasis shall be placed on
1-22 safety features and long-range, maintenance-free factors, and
1-23 requiring that all school buses shall be purchased on competitive
1-24 bids <as provided by Section 21.165 of this code>. Every school
2-1 district, its officers, employees, and every person employed under
2-2 contract by a school district shall be subject to these
2-3 regulations. The <State Purchasing and> General Services
2-4 Commission or a school district may not <shall> purchase a motor
2-5 vehicle or equipment to which the standards apply unless the motor
2-6 vehicle or equipment conforms <conform> to these standards.
2-7 SECTION 2. Section 11.26(c), Education Code, is amended to
2-8 read as follows:
2-9 (c) With the advice and assistance of the state commissioner
2-10 of education, the State Board of Education shall:
2-11 (1) make to the legislature biennial reports covering
2-12 all the activities and expenditures of the Central Education
2-13 Agency;
2-14 (2) adopt rules for the accreditation of schools;
2-15 (3) execute contracts for the purchase of
2-16 instructional aids, including textbooks, within the limits of
2-17 authority granted by the legislature;
2-18 (4) execute contracts for the investment of the
2-19 permanent school fund, within the limits of authority granted by
2-20 Article VII, Section 5(d), of the Texas Constitution <Chapter 15 of
2-21 this code>;
2-22 (5) adopt rules consistent with Chapter 13 of this
2-23 code for certification of teachers, administrators, and other
2-24 professional personnel customarily employed in public schools;
2-25 (6) adopt rules requiring school districts to notify
2-26 parents of students of a teacher teaching a subject for which the
2-27 teacher is not certified, unless the teacher is serving an
3-1 internship under Section 13.035 of this code, or the teacher has at
3-2 least 24 semester credit hours in the subject, or the teacher is
3-3 teaching under an emergency permit and is making satisfactory
3-4 progress toward completion of a deficiency plan;
3-5 (7) consider the athletic necessities and activities
3-6 of the public schools of Texas and in advance of each regular
3-7 session of the legislature specifically report to the governor of
3-8 Texas the proper and lawful division of time and money to be
3-9 devoted to athletics, holidays, legal and otherwise, and to
3-10 educational purposes; and
3-11 (8) on or before May 15 of each year, formulate and
3-12 transmit to the Texas Council on Vocational Education a list of
3-13 evaluation topics that address developing and future concerns of
3-14 the board in the field of technical-vocational education.
3-15 SECTION 3. Sections 11.272(b) and (e), Education Code, are
3-16 amended to read as follows:
3-17 (b) A school campus or district is not exempt under this
3-18 section from a prohibition on conduct that constitutes a criminal
3-19 offense. A school campus or district is not exempt under this
3-20 section from requirements imposed by federal law or rule, including
3-21 requirements for special education or bilingual education programs.
3-22 Except as provided by Subsection (e) of this section, a school
3-23 campus or district is not exempt under this section from a
3-24 requirement or prohibition imposed by state law or rule relating
3-25 to:
3-26 (1) curriculum essential elements, excluding the
3-27 methodology used by a teacher and the time spent by a teacher or a
4-1 student on a particular task or subject;
4-2 (2) restrictions on extracurricular activities;
4-3 (3) health and safety;
4-4 (4) competitive bidding;
4-5 (5) textbook selection;
4-6 (6) elementary school class size limits, including
4-7 average enrollment limits;
4-8 (7) removal of a disruptive student from the
4-9 classroom;
4-10 (8) suspension or expulsion of a student;
4-11 (9) at risk programs;
4-12 (10) prekindergarten programs;
4-13 (11) minimum graduation requirements; or
4-14 (12) educational employee and educational support
4-15 employee rights and benefits. In this section, "educational
4-16 support employee" means a full-time or part-time school employee
4-17 not defined as a "teacher" by Section 21.201(1) of this code.
4-18 (e) The commissioner may exempt an exemplary school campus
4-19 from elementary class size limits, including average enrollment
4-20 limits, under this section if the school campus submits to the
4-21 commissioner a written plan showing steps that will be taken to
4-22 ensure that the exemption from the class size limits will not be
4-23 harmful to the academic achievement of the students on the school
4-24 campus. The commissioner shall review achievement levels annually.
4-25 The exemption remains in effect until the commissioner determines
4-26 that achievement levels of the campus have declined.
4-27 SECTION 4. Section 11.273(e), Education Code, is amended to
5-1 read as follows:
5-2 (e) A school campus or district may not receive an exemption
5-3 or waiver under this section from requirements imposed by federal
5-4 law or rule, including requirements for special education or
5-5 bilingual education programs. A school campus or district may not
5-6 receive an exemption or waiver under this section from a
5-7 requirement or prohibition imposed by state law or rule relating
5-8 to:
5-9 (1) curriculum essential elements, excluding the
5-10 methodology used by a teacher and the time spent by a teacher or a
5-11 student on a particular task or subject;
5-12 (2) restrictions on extracurricular activities;
5-13 (3) health and safety;
5-14 (4) competitive bidding;
5-15 (5) elementary school class size limits, including
5-16 average enrollment limits;
5-17 (6) minimum graduation requirements;
5-18 (7) removal of a disruptive student from the
5-19 classroom;
5-20 (8) suspension or expulsion of a student;
5-21 (9) at risk programs;
5-22 (10) prekindergarten programs;
5-23 (11) educational employee and educational support
5-24 employee rights and benefits. In this section, "educational
5-25 support employee" means a full-time or part-time school employee
5-26 not defined as a "teacher" by Section 21.201(1) of this code; or
5-27 (12) special education or bilingual education
6-1 programs.
6-2 SECTION 5. Section 11.62(c), Education Code, is amended to
6-3 read as follows:
6-4 (c) The rules and regulations pertaining to personnel
6-5 administration shall include a comprehensive classification plan,
6-6 including an appropriate title for each position, a description of
6-7 duties and responsibilities, and the minimum requirements of
6-8 training, experience, and other qualifications essential for
6-9 adequate performance of the work. These rules and regulations
6-10 shall likewise provide <tenure safeguards,> leave and retirement
6-11 provisions<,> and establish hearing procedures.
6-12 SECTION 6. Section 13.905(f), Education Code, is amended to
6-13 read as follows:
6-14 (f) The length of a leave of absence for temporary
6-15 disability shall be granted by the superintendent as required by
6-16 the individual employee. The governing board of a school district
6-17 may establish a maximum length for a leave of absence for temporary
6-18 disability. The<, but in no event shall that> maximum length of
6-19 leave may not be set at less than 180 days except that, if the
6-20 district pays for at least 50 percent of the cost of long-term
6-21 disability coverage under an insurance policy, the maximum may not
6-22 be set at less than the number of days before the day on which the
6-23 employee qualifies for the long-term disability benefits.
6-24 SECTION 7. Section 14.045(d), Education Code, is amended to
6-25 read as follows:
6-26 (d) The board may temporarily suspend for the duration of a
6-27 program at a particular site a requirement or prohibition imposed
7-1 by state law other than class-size limitations, including average
7-2 enrollment limitations, that hinders the application of the
7-3 technology or is made unnecessary by the use of the technology.
7-4 SECTION 8. Section 15.03, Education Code, is amended to read
7-5 as follows:
7-6 Sec. 15.03. DELIVERY <PURCHASE AND SALE OR EXCHANGE> OF
7-7 SECURITIES. <(a) The State Board of Education may authorize the
7-8 purchase of all of the types of securities in which it is
7-9 authorized by law to invest the permanent school fund in either
7-10 registered or negotiable form; and it may authorize the reissue of
7-11 such securities held at any time for the account of the permanent
7-12 school fund in either registered or negotiable form. The State
7-13 Board of Education may authorize the sale of any of the securities
7-14 held for the account of the permanent school fund and reinvest the
7-15 proceeds of sale for the fund; and it may authorize the exchange of
7-16 any of the securities held for the account of the permanent school
7-17 fund.>
7-18 <(b) In making each and all of such purchases, sales,
7-19 exchanges and reissues the State Board of Education shall exercise
7-20 the judgment and care under the circumstances then prevailing which
7-21 men of ordinary prudence, discretion, and intelligence exercise in
7-22 the management of their own affairs not in regard to speculation
7-23 but in regard to the permanent disposition of their funds,
7-24 considering the probable income therefrom as well as the probable
7-25 safety of their capital.>
7-26 <(c)> When any securities are sold, reissued, or exchanged
7-27 in managing the assets of the permanent school fund <as provided in
8-1 Subsection (a) of this section>, the custodian of such securities
8-2 shall make delivery of the securities sold, reissued, or exchanged
8-3 in accordance with the directions of the State Board of Education.
8-4 SECTION 9. Subchapter A, Chapter 16, Education Code, is
8-5 amended by adding Section 16.0061 to read as follows:
8-6 Sec. 16.0061. AUDIT OF AVERAGE DAILY ATTENDANCE. (a) The
8-7 Central Education Agency annually shall select certain school
8-8 districts to audit to determine if the number of students in
8-9 average daily attendance reported by the school district is
8-10 accurate.
8-11 (b) If an audit determines that a school district has more
8-12 students in average daily attendance than the number of students
8-13 reported by the school district, the school district shall receive
8-14 the additional state funds to which the school district is
8-15 entitled, based on the accurate number of students in average daily
8-16 attendance, and interest on those funds. Interest shall be paid at
8-17 the rate paid on funds held by the Texas Treasury Safekeeping Trust
8-18 Company. Interest accrues from the date state funds were paid to
8-19 the school district using the inaccurate number of students in
8-20 average daily attendance to the date the audit is completed and the
8-21 correct number of students in average daily attendance is
8-22 determined.
8-23 (c) If an audit determines that a school district has fewer
8-24 students in average daily attendance than the number of students
8-25 reported by the school district, the school district shall return
8-26 the amount equal to the difference between the amount of state
8-27 funds that the school district received, based on the inaccurate
9-1 number of students in average daily attendance, and the amount of
9-2 state funds that it should have received and shall pay interest on
9-3 the amount to be returned. Interest shall be paid at the rate paid
9-4 on funds held by the Texas Treasury Safekeeping Trust Company.
9-5 Interest accrues from the date state funds were paid to the school
9-6 district using the inaccurate number of students in average daily
9-7 attendance to the date the audit is completed and the correct
9-8 number of students in average daily attendance is determined.
9-9 (d) If the amount of state funds that a school district
9-10 received, based on an inaccurate number of students in average
9-11 daily attendance, exceeds the amount equal to 105 percent of the
9-12 amount that the district should have received, the school district
9-13 shall pay a penalty of 10 percent of the amount equal to the
9-14 difference between state funds received and the amount of state
9-15 funds that should have been received.
9-16 (e) Interest or a penalty recovered under this section shall
9-17 be deposited in the state treasury to the credit of the general
9-18 revenue fund.
9-19 SECTION 10. Section 16.007, Education Code, is amended by
9-20 adding Subsection (d) to read as follows:
9-21 (d) If a district fails to submit information as required
9-22 under this section, any foundation school fund money or central
9-23 education district tax collection distributions to which the
9-24 district is entitled shall be withheld until the district submits
9-25 the information.
9-26 SECTION 11. Section 16.054, Education Code, is amended to
9-27 read as follows:
10-1 Sec. 16.054. Student/Teacher Ratios; Class Size.
10-2 (a) Except as provided by Subsection (b) of this section, each
10-3 school <district> must employ a sufficient number of certified
10-4 teachers to maintain an average ratio of not less than one teacher
10-5 for each 20 students in average daily attendance.
10-6 (b) A school <district> may not enroll more than 24 <22>
10-7 students in a kindergarten, first, second, third, or fourth grade
10-8 class nor have an average enrollment of more than 20 students at
10-9 the kindergarten, first, second, third, or fourth grade level.
10-10 These requirements <This requirement> shall not apply during the
10-11 last 12 weeks of any school year.
10-12 (c) In determining the number of students to enroll in any
10-13 class, a school <district> shall consider the subject to be taught,
10-14 the teaching methodology to be used, and any need for individual
10-15 instruction.
10-16 (d) On application of a school district, the commissioner
10-17 may except a school in the district from the average enrollment
10-18 limit <limits> in Subsection (b) of this section if the
10-19 commissioner finds the limits work an undue hardship on the school
10-20 or district. A school district must submit an application under
10-21 this subsection not later than the 60th day after the first day of
10-22 the school year. An exception expires at the end of the school
10-23 year <semester> for which it is granted, and the commissioner may
10-24 not grant an exception for more than one school year <semester> at
10-25 a time. The commissioner may not except a school from the
10-26 individual class size limit under Subsection (b) of this section.
10-27 (e) The commissioner shall report to the legislature each
11-1 biennium regarding compliance with this section. The report must
11-2 include:
11-3 (1) a statement of the number of schools <school
11-4 districts> granted an exception under Subsection (d) of this
11-5 section; and
11-6 (2) an estimate of the total cost incurred by school
11-7 districts in that biennium in complying with this section.
11-8 (f) Not later than the 45th day after the first day of the
11-9 school year, each school committee established under Section 21.931
11-10 of this code shall file a written report with the school district
11-11 concerning the school's compliance with Subsections (a) and (b) of
11-12 this section. Not later than the 60th day after the first day of
11-13 the school year, each school district shall forward the reports to
11-14 the commissioner.
11-15 SECTION 12. Section 16.255(b), Education Code, is amended to
11-16 read as follows:
11-17 (b) Except as provided by Section 16.0061 of this code, in
11-18 <In> the event of overallocation of state funds, as determined by
11-19 the State Board of Education or the state auditor by reference to
11-20 the director's report, the Central Education Agency shall, by
11-21 withholding from subsequent allocations of state funds, recover
11-22 from the district an amount, or amounts, equal to the
11-23 overallocation.
11-24 SECTION 13. Section 21.136(h), Education Code, is amended to
11-25 read as follows:
11-26 (h) If a school district contracts with a private person to
11-27 operate the district's prekindergarten program, at <At> a minimum,
12-1 the <a school district prekindergarten> program must comply with
12-2 the applicable child care licensing standards adopted by the Texas
12-3 Department of Human Services under Section 42.042, Human Resources
12-4 Code. The State Board of Education by rule shall ensure <the
12-5 school district's> compliance with the applicable standards.
12-6 SECTION 14. Section 21.161, Education Code, is amended to
12-7 read as follows:
12-8 Sec. 21.161. General Rule. A school district may purchase
12-9 motor vehicles through the General Services Commission as provided
12-10 by Section 21.165 of this code or under the district's own
12-11 purchasing program. In purchasing motor vehicles, a school
12-12 district must comply with rules adopted under Section 11.12 of this
12-13 code <Except as specifically authorized by this subchapter all
12-14 motor vehicles used for transporting school children (including
12-15 buses, bus chassis, and bus bodies, tires and tubes, but excluding
12-16 passenger cars), purchased by or for any school district
12-17 participating in the Foundation School Program, shall be purchased
12-18 by and through the State Board of Control>.
12-19 SECTION 15. Section 21.166(e), Education Code, is amended to
12-20 read as follows:
12-21 (e) Full records of all warrants issued and sold shall be
12-22 kept by the school district <and reported to the Board of Control>.
12-23 SECTION 16. Section 21.167, Education Code, is amended to
12-24 read as follows:
12-25 Sec. 21.167. Sale of Buses. When any school buses owned by
12-26 any county or school district are to be sold, traded in, or
12-27 otherwise disposed of, <they must be disposed of by the Board of
13-1 Control or by> the county school trustees or the trustees of the
13-2 school district may dispose of the buses, or the board may request
13-3 the General Services Commission to dispose of the buses under such
13-4 rules and regulations as the commission <Board of Control> may
13-5 provide.
13-6 SECTION 17. Sections 21.174(b) and (d), Education Code, are
13-7 amended to read as follows:
13-8 (b) In establishing and operating such transportation
13-9 systems, the county or local district school boards shall:
13-10 (1) <requisition buses and supplies from the state
13-11 board of control as provided for in this subchapter;>
13-12 <(2)> prior to June 1 of each year, <with the
13-13 commissioner's approval,> establish school bus routes in their
13-14 respective counties or districts for the succeeding school year;
13-15 (2) <(3)> employ school bus drivers certified in
13-16 accordance with standards and qualifications promulgated jointly by
13-17 the State Board of Education and the <Texas> Department of Public
13-18 Safety as required by law; and
13-19 (3) <(4)> be responsible for the maintenance and
13-20 operation of school buses.
13-21 (d)<(1)> Any county or local district school board which
13-22 operates a fleet of more than 50 motor vehicles used for
13-23 transporting school children shall replace the engine on any of
13-24 those vehicles whose engine needs to be replaced with an engine
13-25 <achieve the following percentages of such vehicles> capable of
13-26 using compressed natural gas or other alternative fuels <by the
13-27 times specified:>
14-1 <(A) the percentage shall be equal to or greater
14-2 than 30 percent of the number of such vehicles operated by
14-3 September 1, 1994; and>
14-4 <(B) equal to or greater than 50 percent of the
14-5 number of such vehicles operated by September 1, 1996.>
14-6 <(2) The Texas Air Control Board must review this
14-7 alternative fuel use program by December 31, 1996, and, if the
14-8 Texas Air Control Board determines that the program has been
14-9 effective in reducing total annual emissions from vehicles in the
14-10 area, county and local district school boards operating fleets of
14-11 more than 50 motor vehicles used for transporting school children
14-12 shall achieve a percentage of such vehicles capable of using
14-13 compressed natural gas or other alternative fuels equal to or
14-14 greater than 90 percent of the number of fleet vehicles operated by
14-15 September 1, 1998, and thereafter.>
14-16 <(3) County and local district school boards shall
14-17 submit to the Central Education Agency annual reports summarizing
14-18 their progress in achieving these percentage requirements and
14-19 increasing use of compressed natural gas or other alternative
14-20 fuels, and the Central Education Agency shall submit the summaries
14-21 to the Texas Air Control Board by September 1 of each year.>
14-22 <(4) County and local district school boards, the
14-23 Central Education Agency, and the State Purchasing and General
14-24 Services Commission shall support the Texas Air Control Board in
14-25 collecting reasonable information needed to determine air quality
14-26 benefits from use of alternative fuels in affected districts>.
14-27 SECTION 18. Section 21.174(c)(4), Education Code, is amended
15-1 to read as follows:
15-2 (4) The commissioner of education <State Purchasing
15-3 and General Services Commission> shall waive the requirements of
15-4 this section for any school district if the county or local
15-5 district school board certifies to the commissioner <commission>
15-6 that:
15-7 (A) the county's or district's vehicles will be
15-8 operating primarily in an area in which neither the county or
15-9 district nor a supplier has or can reasonably be expected to
15-10 establish a central refueling station for compressed natural gas or
15-11 other alternative fuels; or
15-12 (B) the county or district is unable to acquire
15-13 or be provided equipment or refueling facilities necessary to
15-14 operate vehicles using compressed natural gas or other alternative
15-15 fuels pursuant to Subdivision (2) of this subsection at a projected
15-16 cost that is reasonably expected to result in no greater net costs
15-17 than the continued use of traditional gasoline or diesel fuels
15-18 measured over the expected useful life of the equipment or
15-19 facilities supplied.
15-20 SECTION 19. Sections 21.182(a) and (h), Education Code, are
15-21 amended to read as follows:
15-22 (a) As an alternative to purchasing school buses, a county
15-23 or local district school board may contract with any person for
15-24 use, acquisition, or lease with option or options to purchase any
15-25 school bus or buses if, at the discretion of the school board, such
15-26 a contract is determined to be economically advantageous to the
15-27 school district and complies with the alternative fuels
16-1 requirements of Section 21.174. Contracts may be in the form of a
16-2 lease or a lease with option or options to purchase. A contract is
16-3 in the form of a lease if it is a contract for the use and
16-4 possession of one or more school buses for consideration.
16-5 Ownership of a bus acquired through a lease or a lease with an
16-6 option to purchase remains with the lessor unless the lessee
16-7 exercises an option to purchase and purchases the bus under the
16-8 option. A school bus that is leased or leased with an option to
16-9 purchase under this section must meet or exceed the requirements
16-10 related to safety that apply to purchased or privately operated
16-11 school buses under Section 11.12. <Contracts in the form of an
16-12 installment purchase or any form other than a lease or a lease with
16-13 option or options to purchase shall be subject to the provisions of
16-14 Section 21.165, as well as rules of the General Services
16-15 Commission.>
16-16 (h) A contract under this section may have any lawful term
16-17 of not less than two or more than 10 years. <A county or local
16-18 district school board that contracts under this section shall
16-19 report the existence of the contract and the number of buses under
16-20 the contract to the General Services Commission within 45 days
16-21 after the date the contract was made. A county or local district
16-22 school board that terminates a contract under this section before
16-23 the two-year minimum term has expired shall report the termination
16-24 and the reason for the termination to the General Services
16-25 Commission within 45 days after the date the contract was
16-26 terminated.>
16-27 SECTION 20. Section 21.261, Education Code, is amended to
17-1 read as follows:
17-2 Sec. 21.261. School District Records. The State Board of
17-3 Education shall adopt rules governing a school district's
17-4 maintenance of records <preservation, microfilming, destruction, or
17-5 other disposition of the records of school districts is subject to
17-6 the requirements of Subtitle C, Title 6, Local Government Code, and
17-7 rules adopted under that subtitle>.
17-8 SECTION 21. Section 21.653, Education Code, is amended to
17-9 read as follows:
17-10 Sec. 21.653. Student Participants. (a) Students shall be
17-11 identified as gifted and talented for a program under this
17-12 subchapter through the use of criteria established by the State
17-13 Board of Education.
17-14 (b) A school district may limit the number of students
17-15 identified as gifted and talented under this subchapter to the
17-16 percentage of the district's students in average daily attendance
17-17 eligible for funding under Section 16.159(c) of this code.
17-18 SECTION 22. Section 23.33, Education Code, is amended by
17-19 adding Subsection (e) to read as follows:
17-20 (e) A member of the board of trustees of a school district
17-21 may not be required under this section to participate in more than
17-22 20 hours of training during the trustee's first year of service on
17-23 the board or in any training during subsequent years of service.
17-24 SECTION 23. Section 13.046(a), Election Code, is amended to
17-25 read as follows:
17-26 (a) Each principal of a public or private high school <or
17-27 his designee> shall arrange for an individual to serve at the
18-1 school as a high school deputy registrar for the county in which
18-2 the school is located. The high school deputy registrar is not
18-3 required to be a school employee.
18-4 SECTION 24. Section 201.003(7), Local Government Code, is
18-5 amended to read as follows:
18-6 (7) "Local government" means a county, including all
18-7 district and precinct offices of a county, municipality, <public
18-8 school district,> appraisal district, or any other special-purpose
18-9 district or authority other than a school district.
18-10 SECTION 25. Section 431.005(a), Government Code, is amended
18-11 to read as follows:
18-12 (a) A person who is an officer or employee of the state, a
18-13 municipality, a county, or another political subdivision of the
18-14 state and who is a member of the state military forces or a reserve
18-15 component of the armed forces is entitled to leave of absence from
18-16 the person's duties on a day on which the person is engaged in
18-17 authorized training or duty ordered or authorized by proper
18-18 authority. During a leave of absence the person may not be
18-19 subjected to loss of time, efficiency rating, vacation time, or
18-20 salary, except that a school district employee is entitled to
18-21 compensation from the district only in an amount that is the
18-22 difference between the employee's district salary and military or
18-23 reserve salary during the period of the leave.
18-24 SECTION 26. Section 4B, Texas Structural Pest Control Act
18-25 (Article 135b-6, Vernon's Texas Civil Statutes), is amended by
18-26 amending Subsections (b) and (d) and adding Subsection (g) to read
18-27 as follows:
19-1 (b) An individual must be licensed as a certified
19-2 noncommercial applicator if the individual is not licensed as a
19-3 certified commercial applicator and the individual:
19-4 (1) is an employee of the state or a city or county
19-5 and engages in the business of structural pest control; or
19-6 (2) is an employee of a person who owns, operates, or
19-7 maintains a building, the individual engages in the business of
19-8 structural pest control in the building, and the building is an
19-9 apartment building; day-care center; hospital; nursing home; hotel;
19-10 motel; lodge; warehouse; or food-processing establishment, other
19-11 than a restaurant, retail food, or food service establishment<;
19-12 school or educational institution>.
19-13 (d) An owner of a building that is an apartment building;
19-14 day-care center; hospital; nursing home; hotel; motel; lodge;
19-15 warehouse; or food-processing establishment, other than a
19-16 restaurant, retail food, or food service establishment<; school or
19-17 educational institution>, may obtain pest control services for the
19-18 building from a person only by:
19-19 (1) contracting with a business that has a structural
19-20 pest control business license; or
19-21 (2) requiring an employee of the owner, who is
19-22 licensed as a certified noncommercial applicator, to perform the
19-23 services.
19-24 (g) Before an employee of a school or other educational
19-25 institution who is not licensed under this Act engages in the
19-26 business of structural pest control in the school or other
19-27 educational institution, the employee must complete training and
20-1 satisfy any other requirements determined by the Texas Agricultural
20-2 Extension Service, established under Section 88.001, Education
20-3 Code. This subsection does not authorize the employee to engage in
20-4 the business of structural pest control outside the scope of
20-5 employment.
20-6 SECTION 27. The following provisions are repealed:
20-7 (1) Sections 15.02, 16.011, 21.162, 21.164, 21.168,
20-8 21.169, 21.174(e), (f), (g), and (h), 21.177, and 23.04, Education
20-9 Code; and
20-10 (2) Section 3.03, State Purchasing and General
20-11 Services Act (Article 601b, Vernon's Texas Civil Statutes).
20-12 SECTION 28. (a) The changes made by this Act to Sections
20-13 11.26 and 15.03, Education Code, and the repeal of Section 15.02,
20-14 Education Code, take effect immediately.
20-15 (b) The changes made by this Act to Section 4B, Texas
20-16 Structural Pest Control Act (Article 135b-6, Vernon's Texas Civil
20-17 Statutes), apply beginning with the 1994-1995 school year.
20-18 (c) The remainder of this Act applies beginning with the
20-19 1993-1994 school year.
20-20 SECTION 29. The importance of this legislation and the
20-21 crowded condition of the calendars in both houses create an
20-22 emergency and an imperative public necessity that the
20-23 constitutional rule requiring bills to be read on three several
20-24 days in each house be suspended, and this rule is hereby suspended,
20-25 and that this Act take effect and be in force from and after its
20-26 passage, and it is so enacted.